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AN ACT
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relating to nonsubstantive additions to and corrections in enacted |
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codes, to the nonsubstantive codification or disposition of various |
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laws omitted from enacted codes, and to conforming codifications |
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enacted by the 79th Legislature to other Acts of that legislature. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. GENERAL PROVISIONS |
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SECTION 1.001. This Act is enacted as part of the state's |
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continuing statutory revision program under Chapter 323, |
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Government Code. This Act is a revision for purposes of Section 43, |
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Article III, Texas Constitution, and has the purposes of: |
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(1) codifying without substantive change or providing |
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for other appropriate disposition of various statutes that were |
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omitted from enacted codes; |
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(2) conforming codifications enacted by the 79th |
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Legislature to other Acts of that legislature that amended the laws |
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codified or added new law to subject matter codified; |
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(3) making necessary corrections to enacted |
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codifications; and |
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(4) renumbering titles, chapters, and sections of |
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codes that duplicate title, chapter, or section numbers. |
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SECTION 1.002. (a) The repeal of a statute by this Act does |
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not affect an amendment, revision, or reenactment of the statute by |
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the 80th Legislature, Regular Session, 2007. The amendment, |
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revision, or reenactment is preserved and given effect as part of |
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the code provision that revised the statute so amended, revised, or |
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reenacted. |
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(b) If any provision of this Act conflicts with a statute |
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enacted by the 80th Legislature, Regular Session, 2007, the statute |
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controls. |
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SECTION 1.003. (a) A transition or saving provision of a |
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law codified by this Act applies to the codified law to the same |
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extent as it applied to the original law. |
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(b) The repeal of a transition or saving provision by this |
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Act does not affect the application of the provision to the codified |
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law. |
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(c) In this section, "transition provision" includes any |
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temporary provision providing for a special situation in the |
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transition period between the existing law and the establishment or |
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implementation of the new law. |
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ARTICLE 2. CHANGES RELATING TO AGRICULTURE CODE |
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SECTION 2.001. Sections 301.104, 301.108, and 301.258, |
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Agriculture Code, as added by Chapter 1276, Acts of the 78th |
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Legislature, Regular Session, 2003, are repealed to conform to the |
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repeal of the law from which those sections were derived by Section |
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21.013, Chapter 816, Acts of the 78th Legislature, Regular Session, |
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2003. |
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ARTICLE 2A. CHANGES RELATING TO BUSINESS & COMMERCE CODE |
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SECTION 2A.001. Section 17.08(a)(5), Business & Commerce |
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Code, is amended to correct a reference to read as follows: |
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(5) "State seal" means the state seal, the reverse of |
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the state seal, and the state arms as defined by Sections 3101.001 |
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and 3101.002, Government Code [Article 6139f, Revised Statutes]. |
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ARTICLE 3. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE |
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SECTION 3.001. Article 45.051(f), Code of Criminal |
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Procedure, as amended by Chapters 281 and 357, Acts of the 79th |
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Legislature, Regular Session, 2005, is reenacted and amended to |
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correct a reference to read as follows: |
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(f) This article does not apply to: |
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(1) an offense to which Section 542.404 [or
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729.004(b)], Transportation Code, applies; or |
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(2) a violation of a state law or local ordinance |
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relating to motor vehicle control, other than a parking violation, |
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committed by a person who: |
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(A) holds a commercial driver's license; or |
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(B) held a commercial driver's license when the |
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offense was committed. |
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SECTION 3.002. (a) Article 62.001(5), Code of Criminal |
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Procedure, as renumbered from former Article 62.01(5), Code of |
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Criminal Procedure, and amended by Chapter 1008, Acts of the 79th |
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Legislature, Regular Session, 2005, is reenacted and amended to |
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conform to an amendment to former Article 62.01(5) by Chapter 1273, |
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Acts of the 79th Legislature, Regular Session, 2005, to read as |
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follows: |
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(5) "Reportable conviction or adjudication" means a |
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conviction or adjudication, including an adjudication of |
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delinquent conduct or a deferred adjudication, that, regardless of |
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the pendency of an appeal, is a conviction for or an adjudication |
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for or based on: |
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(A) a violation of Section 21.11 (Indecency with |
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a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual |
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assault), or 25.02 (Prohibited sexual conduct), Penal Code; |
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(B) a violation of Section 43.05 (Compelling |
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prostitution), 43.25 (Sexual performance by a child), or 43.26 |
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(Possession or promotion of child pornography), Penal Code; |
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(C) a violation of Section 20.04(a)(4) |
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(Aggravated kidnapping), Penal Code, if the actor committed the |
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offense or engaged in the conduct with intent to violate or abuse |
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the victim sexually; |
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(D) a violation of Section 30.02 (Burglary), |
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Penal Code, if the offense or conduct is punishable under |
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Subsection (d) of that section and the actor committed the offense |
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or engaged in the conduct with intent to commit a felony listed in |
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Paragraph (A) or (C); |
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(E) a violation of Section 20.02 (Unlawful |
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restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), |
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Penal Code, if, as applicable: |
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(i) the judgment in the case contains an |
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affirmative finding under Article 42.015; or |
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(ii) the order in the hearing or the papers |
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in the case contain an affirmative finding that the victim or |
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intended victim was younger than 17 years of age; |
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(F) the second violation of Section 21.08 |
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(Indecent exposure), Penal Code, but not if the second violation |
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results in a deferred adjudication; |
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(G) an attempt, conspiracy, or solicitation, as |
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defined by Chapter 15, Penal Code, to commit an offense or engage in |
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conduct listed in Paragraph (A), (B), (C), (D), or (E); |
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(H) a violation of the laws of another state, |
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federal law, the laws of a foreign country, or the Uniform Code of |
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Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
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of an offense listed under Paragraph (A), (B), (C), (D), (E), [or] |
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(G), or (J), but not if the violation results in a deferred |
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adjudication; [or] |
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(I) the second violation of the laws of another |
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state, federal law, the laws of a foreign country, or the Uniform |
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Code of Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
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of the offense of indecent exposure, but not if the second violation |
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results in a deferred adjudication; or |
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(J) a violation of Section 33.021 (Online |
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solicitation of a minor), Penal Code. |
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(b) Section 2, Chapter 1273, Acts of the 79th Legislature, |
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Regular Session, 2005, which amended former Subdivision (5), |
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Article 62.01, Code of Criminal Procedure, is repealed. |
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ARTICLE 4. CHANGES RELATING TO EDUCATION CODE |
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SECTION 4.001. Section 7.005, Education Code, is amended to |
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correct a cross-reference to read as follows: |
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Sec. 7.005. COOPERATION BETWEEN STATE AGENCIES OF |
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EDUCATION. The State Board of Education and the Texas Higher |
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Education Coordinating Board, in conjunction with other |
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appropriate agencies, shall ensure that long-range plans and |
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educational programs established by each board provide a |
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comprehensive education for the students of this state under the |
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jurisdiction of that board, extending from early childhood |
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education through postgraduate study. In assuring that programs |
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are coordinated, the boards shall use the P-16 Council established |
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under Section 61.076 [61.077]. |
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SECTION 4.002. The heading to Section 21.035, Education |
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Code, is amended to conform to Section 1.04(a), Chapter 1227, Acts |
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of the 79th Legislature, Regular Session, 2005, to read as follows: |
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Sec. 21.035. ADMINISTRATION BY AGENCY [APPLICATION OF
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SUNSET ACT]. |
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SECTION 4.003. Section 25.086(a), Education Code, as |
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amended by Chapters 377, 887, and 1339, Acts of the 79th |
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Legislature, Regular Session, 2005, is reenacted and amended to |
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read as follows: |
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(a) A child is exempt from the requirements of compulsory |
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school attendance if the child: |
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(1) attends a private or parochial school that |
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includes in its course a study of good citizenship; |
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(2) is eligible to participate in a school district's |
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special education program under Section 29.003 and cannot be |
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appropriately served by the resident district; |
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(3) has a physical or mental condition of a temporary |
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and remediable nature that makes the child's attendance infeasible |
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and holds a certificate from a qualified physician specifying the |
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temporary condition, indicating the treatment prescribed to remedy |
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the temporary condition, and covering the anticipated period of the |
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child's absence from school for the purpose of receiving and |
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recuperating from that remedial treatment; |
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(4) is expelled in accordance with the requirements of |
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law in a school district that does not participate in a mandatory |
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juvenile justice alternative education program under Section |
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37.011; |
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(5) is at least 17 years of age and: |
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(A) is attending a course of instruction to |
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prepare for the high school equivalency examination, and: |
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(i) has the permission of the child's parent |
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or guardian to attend the course; |
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(ii) is required by court order to attend |
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the course; |
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(iii) has established a residence separate |
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and apart from the child's parent, guardian, or other person having |
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lawful control of the child; or |
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(iv) is homeless as defined by 42 U.S.C. |
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Section 11302; or |
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(B) has received a high school diploma or high |
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school equivalency certificate; |
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(6) is at least 16 years of age and is attending a |
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course of instruction to prepare for the high school equivalency |
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examination, if: |
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(A) the child is recommended to take the course |
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of instruction by a public agency that has supervision or custody of |
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the child under a court order; or |
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(B) the child is enrolled in a Job Corps training |
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program under the Workforce Investment Act of 1998 (29 U.S.C. |
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Section 2801 et seq.); |
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[(B)
the child is enrolled in a Job Corps
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training program under 29 U.S.C. Section 2881 et seq.;] |
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(7) is at least 16 years of age and is enrolled in a |
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high school diploma program under Chapter 18; |
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(8) [(7)] is enrolled in the Texas Academy of |
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Mathematics and Science under Subchapter G, Chapter 105; |
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(9) [(8)] is enrolled in the Texas Academy of |
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Leadership in the Humanities; |
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(10) [(9)] is enrolled in the Texas Academy of |
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Mathematics and Science at The University of Texas at Brownsville; |
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(11) [(9)] is enrolled in the Texas Academy of |
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International Studies; or |
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(12) [(10)] is specifically exempted under another |
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law. |
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SECTION 4.004. Section 28.024, Education Code, as amended |
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by Chapters 887 and 1339, Acts of the 79th Legislature, Regular |
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Session, 2005, is reenacted and amended to read as follows: |
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Sec. 28.024. CREDIT FOR ENROLLMENT IN CERTAIN ACADEMIES. A |
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school district shall grant to a student credit toward the academic |
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course requirements for high school graduation, up to a maximum of |
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two years of credit, for courses the student successfully completes |
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at: |
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(1) the Texas Academy of Leadership in the Humanities |
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under Section 96.707; |
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(2) the Texas Academy of Mathematics and Science under |
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Subchapter G, Chapter 105; [or] |
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(3) the Texas Academy of Mathematics and Science under |
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Section 78.10; or |
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(4) [(3)] the Texas Academy of International Studies |
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under Section 87.505. |
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SECTION 4.005. Section 29.161(a), Education Code, is |
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amended to correct a cross-reference to read as follows: |
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(a) The State Center for Early Childhood Development, in |
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conjunction with the P-16 Council established under Section 61.076 |
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[61.077], shall develop and adopt a school readiness certification |
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system for use in certifying the effectiveness of prekindergarten |
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programs, Head Start and Early Head Start programs, |
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government-subsidized child-care programs provided by nonprofit or |
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for-profit entities, government-subsidized faith-based child-care |
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programs, and other government-subsidized child-care programs in |
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preparing children for kindergarten. The system shall be made |
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available on a voluntary basis to program providers seeking to |
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obtain certification as evidence of the quality of the program |
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provided. |
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SECTION 4.006. Section 29.908(b-2), Education Code, is |
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amended to correct a cross-reference to read as follows: |
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(b-2) The P-16 Council established under Section 61.076 |
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[61.077] shall provide guidance in case of any conflict that arises |
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between parties to an articulation agreement under Subsection |
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(b)(3). |
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SECTION 4.007. Section 32.153(d), Education Code, as added |
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by Chapter 1216, Acts of the 78th Legislature, Regular Session, |
|
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2003, is amended to correct references to read as follows: |
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(d) The P-16 Council [joint advisory committee] established |
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under Section 61.076 [61.077, or any successor to that committee
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with advisory responsibility for coordination between secondary
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and postsecondary education,] shall serve in an advisory capacity |
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to the agency and the Department of Information Resources in |
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connection with functions relating to the portal. |
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SECTION 4.008. Section 38.016(e), Education Code, is |
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amended to correct a reference to read as follows: |
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(e) An act in violation of Subsection (b) does not override |
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the immunity from personal liability granted in Section 22.0511 |
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[22.051] or other law or the district's sovereign and governmental |
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immunity. |
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SECTION 4.009. The heading to Section 39.132, Education |
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Code, is amended to more accurately reflect the substance of that |
|
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section to read as follows: |
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Sec. 39.132. SANCTIONS FOR ACADEMICALLY UNACCEPTABLE [AND
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CERTAIN OTHER] CAMPUSES. |
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SECTION 4.010. Section 61.076, Education Code, is amended |
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by adding Subsection (h) to read as follows: |
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(h) The council, in conjunction with the State Center for |
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Early Childhood Development, shall develop and adopt a school |
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readiness certification system as required by Section 29.161. |
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SECTION 4.011. Section 61.077, Education Code, is repealed. |
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ARTICLE 5. CHANGES RELATING TO ELECTION CODE |
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SECTION 5.001. Section 42.006(d), Election Code, as amended |
|
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by Chapter 742, Acts of the 79th Legislature, Regular Session, |
|
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2005, is repealed to conform to Chapter 1107, Acts of the 79th |
|
|
Legislature, Regular Session, 2005. |
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SECTION 5.002. (a) Section 501.032(a), Election Code, as |
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added by Section 1, Chapter 975, Acts of the 79th Legislature, |
|
|
Regular Session, 2005, is amended to conform to Section 1, Chapter |
|
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890, Acts of the 79th Legislature, Regular Session, 2005, to read as |
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follows: |
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(a) The commissioners court, at its next regular session on |
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or after the 30th day after the date the petition is filed, shall |
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order a local option election to be held on the issue set out in the |
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petition if the petition is filed with the voter registrar not later |
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than the 60th day after the date the petition is issued and bears |
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the actual signatures of a number of qualified voters of the |
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political subdivision equal to at least: |
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(1) 35 percent of the registered voters in the |
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subdivision who voted in the most recent gubernatorial election for |
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a ballot issue that permits voting for or against: |
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(A) "The legal sale of all alcoholic beverages |
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for off-premise consumption only."; |
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(B) "The legal sale of all alcoholic beverages |
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except mixed beverages."; |
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(C) "The legal sale of all alcoholic beverages |
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including mixed beverages."; or |
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(D) "The legal sale of mixed beverages."; |
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(2) 25 percent of the registered voters in the |
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political subdivision who voted in the most recent general election |
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for a ballot issue that permits voting for or against "The legal |
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sale of wine on the premises of a holder of a winery permit."; or |
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(3) 35 percent of the registered voters in the |
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political subdivision who voted in the most recent gubernatorial |
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election for an election on any other ballot issue. |
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(b) Section 1, Chapter 890, Acts of the 79th Legislature, |
|
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Regular Session, 2005, which amended former Subsection (a), Section |
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251.11, Alcoholic Beverage Code, is repealed. |
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SECTION 5.003. (a) Section 501.035, Election Code, as |
|
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added by Section 1, Chapter 975, Acts of the 79th Legislature, |
|
|
Regular Session, 2005, is amended to conform to Section 2, Chapter |
|
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890, Acts of the 79th Legislature, Regular Session, 2005, by adding |
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Subsection (h) to read as follows: |
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(h) Subject to Section 251.81, Alcoholic Beverage Code, a |
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wine only package store permit may be issued for premises in an area |
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in which the sale of wine has been legalized by a local option |
|
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election under Subsection (b)(3) or (4). |
|
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(b) Section 2, Chapter 890, Acts of the 79th Legislature, |
|
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Regular Session, 2005, which added Subsection (d) to former Section |
|
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251.14, Alcoholic Beverage Code, is repealed. |
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ARTICLE 6. CHANGES RELATING TO FINANCE CODE |
|
|
SECTION 6.001. Section 232.002, Family Code, is amended to |
|
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read as follows: |
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Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The |
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following are licensing authorities subject to this chapter: |
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(1) Department of Agriculture; |
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(2) Texas Alcoholic Beverage Commission; |
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(3) Texas Appraiser Licensing and Certification |
|
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Board; |
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(4) Texas Board of Architectural Examiners; |
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(5) Texas Board of Chiropractic Examiners; |
|
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(6) Comptroller of Public Accounts; |
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(7) Court Reporters Certification Board; |
|
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(8) State Board of Dental Examiners; |
|
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(9) Texas State Board of Examiners of Dietitians; |
|
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(10) Texas Funeral Service Commission; |
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(11) Department of State Health Services; |
|
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(12) Department of Aging and Disability Services; |
|
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(13) Texas Board of Professional Land Surveying; |
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(14) Texas Department of Licensing and Regulation; |
|
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(15) Texas State Board of Examiners of Marriage and |
|
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Family Therapists; |
|
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(16) Texas State Board of Medical Examiners; |
|
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(17) Midwifery Board; |
|
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(18) Texas Commission on Environmental Quality; |
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(19) Board of Nurse Examiners; |
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(20) Texas Board of Occupational Therapy Examiners; |
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(21) Texas Optometry Board; |
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(22) Parks and Wildlife Department; |
|
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(23) Texas State Board of Examiners of Perfusionists; |
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(24) Texas State Board of Pharmacy; |
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(25) Texas Board of Physical Therapy Examiners; |
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(26) Texas State Board of Plumbing Examiners; |
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(27) Texas State Board of Podiatric Medical Examiners; |
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(28) Polygraph Examiners Board; |
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(29) Texas Private Security Board; |
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(30) Texas State Board of Examiners of Professional |
|
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Counselors; |
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(31) Texas Board of Professional Engineers; |
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(32) Department of Family and Protective Services; |
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(33) Texas State Board of Examiners of Psychologists; |
|
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(34) Texas State Board of Public Accountancy; |
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(35) Department of Public Safety of the State of |
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Texas; |
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(36) Public Utility Commission of Texas; |
|
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(37) Railroad Commission of Texas; |
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(38) Texas Real Estate Commission; |
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(39) State Bar of Texas; |
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(40) Texas State Board of Social Worker Examiners; |
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(41) State Board of Examiners for Speech-Language |
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Pathology and Audiology; |
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(42) Texas Structural Pest Control Board; |
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(43) Board of Tax Professional Examiners; |
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(44) Secretary of State; |
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(45) Supreme Court of Texas; |
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(46) Texas Transportation Commission; |
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(47) State Board of Veterinary Medical Examiners; |
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(48) Texas Ethics Commission; |
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(49) Advisory Board of Athletic Trainers; |
|
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(50) State Committee of Examiners in the Fitting and |
|
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Dispensing of Hearing Instruments; |
|
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(51) Texas Board of Licensure for Professional Medical |
|
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Physicists; |
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(52) Texas Department of Insurance; |
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(53) Texas Board of Orthotics and Prosthetics; |
|
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(54) savings and mortgage lending [loan] |
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commissioner; |
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(55) Texas Juvenile Probation Commission; and |
|
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(56) Texas Lottery Commission under Chapter 466, |
|
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Government Code. |
|
|
SECTION 6.002. Section 11.001(b), Finance Code, is amended |
|
|
to read as follows: |
|
|
(b) In this chapter, "finance agency" means: |
|
|
(1) the Texas Department of Banking; |
|
|
(2) the Department of Savings and Mortgage Lending |
|
|
[Loan Department]; or |
|
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(3) the Office of Consumer Credit Commissioner. |
|
|
SECTION 6.003. Section 11.002(a), Finance Code, is amended |
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|
to read as follows: |
|
|
(a) The finance commission is responsible for overseeing |
|
|
and coordinating the Texas Department of Banking, the Department of |
|
|
Savings and Mortgage Lending [Loan Department], and the Office of |
|
|
Consumer Credit Commissioner and serves as the primary point of |
|
|
accountability for ensuring that state depository and lending |
|
|
institutions function as a system, considering the broad scope of |
|
|
the financial services industry. The finance commission is the |
|
|
policy-making body for those finance agencies and is not a separate |
|
|
state agency. The finance commission shall carry out its functions |
|
|
in a manner that protects consumer interests, maintains a safe and |
|
|
sound banking system, and increases the economic prosperity of the |
|
|
state. |
|
|
SECTION 6.004. Section 11.102(f), Finance Code, is amended |
|
|
to read as follows: |
|
|
(f) Experience as banking commissioner, deputy banking |
|
|
commissioner, examiner, or supervisor of examiners for a state or |
|
|
federal banking regulatory agency is considered executive |
|
|
experience in a bank for the purposes of Subsection (e)(1)(A). |
|
|
Experience as savings and mortgage lending [loan] commissioner, |
|
|
deputy savings and mortgage lending [loan] commissioner, examiner, |
|
|
or supervisor of examiners for a state or federal savings and loan |
|
|
regulatory agency is considered executive experience in a savings |
|
|
association or savings bank for the purposes of Subsection |
|
|
(e)(2)(A). |
|
|
SECTION 6.005. Section 11.103(b), Finance Code, is amended |
|
|
to read as follows: |
|
|
(b) If the banking commissioner, savings and mortgage |
|
|
lending [loan] commissioner, or consumer credit commissioner has |
|
|
knowledge that a potential ground for removal exists, the banking |
|
|
commissioner, savings and mortgage lending [loan] commissioner, or |
|
|
consumer credit commissioner shall notify the presiding officer of |
|
|
the finance commission of the potential ground. The presiding |
|
|
officer shall then notify the governor and the attorney general |
|
|
that a potential ground for removal exists. If the potential ground |
|
|
for removal involves the presiding officer, the banking |
|
|
commissioner, savings and mortgage lending [loan] commissioner, or |
|
|
consumer credit commissioner shall notify the next highest ranking |
|
|
officer of the finance commission, who shall then notify the |
|
|
governor and the attorney general that a potential ground for |
|
|
removal exists. |
|
|
SECTION 6.006. Section 11.107(c), Finance Code, is amended |
|
|
to read as follows: |
|
|
(c) The presiding officer may: |
|
|
(1) adopt rules and procedures as the presiding |
|
|
officer considers necessary for the orderly operation of the |
|
|
finance commission and for communication among the finance |
|
|
commission, the department, the Department of Savings and Mortgage |
|
|
Lending [Loan Department], and the Office of Consumer Credit |
|
|
Commissioner; |
|
|
(2) adopt internal procedures governing the time and |
|
|
place of meetings, the type of notice for special public meetings, |
|
|
the manner in which public meetings are to be conducted, and other |
|
|
similar matters; and |
|
|
(3) appoint committees composed of finance commission |
|
|
members as the presiding officer considers necessary to carry out |
|
|
the commission's business. |
|
|
SECTION 6.007. Section 11.111, Finance Code, is amended to |
|
|
read as follows: |
|
|
Sec. 11.111. SEPARATION OF FUNCTIONS. The finance |
|
|
commission shall develop and implement policies that clearly |
|
|
separate the policymaking responsibilities of the finance |
|
|
commission and the management responsibilities of the banking |
|
|
commissioner, savings and mortgage lending [loan] commissioner, |
|
|
and consumer credit commissioner and staff of the finance agencies. |
|
|
SECTION 6.008. Section 11.303, Finance Code, is amended to |
|
|
read as follows: |
|
|
Sec. 11.303. DISCLOSURE OF CERTAIN INFORMATION TO FINANCE |
|
|
COMMISSION PROHIBITED. Information regarding the financial |
|
|
condition of a state savings association or savings bank obtained |
|
|
through examination or otherwise may not be disclosed to a member of |
|
|
the finance commission, except that the savings and mortgage |
|
|
lending [loan] commissioner may disclose to the finance commission |
|
|
a file or record pertinent to a hearing or matter pending before the |
|
|
commission. |
|
|
SECTION 6.009. Section 11.305(d), Finance Code, is amended |
|
|
to read as follows: |
|
|
(d) The Texas Department of Banking and the Department of |
|
|
Savings and Mortgage Lending [Loan Department] shall jointly |
|
|
conduct a continuing review of the condition of the state banking |
|
|
system. The review must include a review of all available national |
|
|
and state economic forecasts and an analysis of changing banking |
|
|
practices and new banking legislation. Periodically the |
|
|
departments shall submit a report to the finance commission on the |
|
|
results of the review, including information relating to the |
|
|
condition of the state banking system at the time of the report and |
|
|
the predicted condition of that system in the future. |
|
|
SECTION 6.010. Section 11.3055, Finance Code, is amended to |
|
|
read as follows: |
|
|
Sec. 11.3055. FINANCIAL SERVICES STUDY. (a) The finance |
|
|
commission may assign the banking commissioner, savings and |
|
|
mortgage lending [loan] commissioner, or consumer credit |
|
|
commissioner to conduct research on: |
|
|
(1) the availability, quality, and prices of financial |
|
|
services, including lending and depository services, offered in |
|
|
this state to agricultural businesses, small businesses, and |
|
|
individual consumers in this state; and |
|
|
(2) the practices of business entities in this state |
|
|
that provide financial services to agricultural businesses, small |
|
|
businesses, and individual consumers in this state. |
|
|
(b) The banking commissioner, savings and mortgage lending |
|
|
[loan] commissioner, or consumer credit commissioner may: |
|
|
(1) apply for and receive public and private grants |
|
|
and gifts to conduct the research authorized by this section; and |
|
|
(2) contract with public and private entities to carry |
|
|
out studies and analyses under this section. |
|
|
SECTION 6.011. Section 11.307(a), Finance Code, is amended |
|
|
to read as follows: |
|
|
(a) The finance commission shall adopt rules applicable to |
|
|
each entity regulated by the Texas Department of Banking or the |
|
|
Department of Savings and Mortgage Lending [Loan Department] |
|
|
specifying the manner in which the entity provides consumers with |
|
|
information on how to file complaints with the appropriate agency. |
|
|
SECTION 6.012. The heading of Chapter 13, Finance Code, is |
|
|
amended to read as follows: |
|
|
CHAPTER 13. DEPARTMENT OF SAVINGS AND MORTGAGE LENDING [LOAN
|
|
|
DEPARTMENT] |
|
|
SECTION 6.013. Section 13.002, Finance Code, is amended to |
|
|
read as follows: |
|
|
Sec. 13.002. SAVINGS AND MORTGAGE LENDING [LOAN] |
|
|
COMMISSIONER. (a) The savings and mortgage lending [loan] |
|
|
commissioner is the chief executive officer of the Department of |
|
|
Savings and Mortgage Lending [Loan Department]. The finance |
|
|
commission, by at least five affirmative votes, shall appoint the |
|
|
savings and mortgage lending [loan] commissioner. The savings and |
|
|
mortgage lending [loan] commissioner serves at the will of the |
|
|
finance commission and is subject to the finance commission's |
|
|
orders and direction. |
|
|
(b) The savings and mortgage lending [loan] commissioner |
|
|
must have not less than seven years' experience in the executive |
|
|
management of a savings association or savings bank or in savings |
|
|
association or savings bank supervision. |
|
|
(c) The finance commission shall set the compensation of the |
|
|
savings and mortgage lending [loan] commissioner. The compensation |
|
|
shall be paid from money of the Department of Savings and Mortgage |
|
|
Lending [Loan Department]. |
|
|
SECTION 6.014. Section 13.003, Finance Code, is amended to |
|
|
read as follows: |
|
|
Sec. 13.003. DEPUTY COMMISSIONERS. (a) The savings and |
|
|
mortgage lending [loan] commissioner shall appoint one or more |
|
|
deputy savings and mortgage lending [loan] commissioners. |
|
|
(b) One deputy savings and mortgage lending [loan] |
|
|
commissioner must have the qualifications required of the savings |
|
|
and mortgage lending [loan] commissioner. During the savings and |
|
|
mortgage lending [loan] commissioner's absence or inability to |
|
|
serve, that deputy savings and mortgage lending [loan] commissioner |
|
|
has the powers and shall perform the duties of the savings and |
|
|
mortgage lending [loan] commissioner. |
|
|
SECTION 6.015. Section 13.004, Finance Code, is amended to |
|
|
read as follows: |
|
|
Sec. 13.004. EXAMINERS. The savings and mortgage lending |
|
|
[loan] commissioner shall appoint savings association and savings |
|
|
bank examiners. |
|
|
SECTION 6.016. Section 13.005, Finance Code, is amended to |
|
|
read as follows: |
|
|
Sec. 13.005. COMPENSATION OF OFFICERS AND EMPLOYEES. (a) |
|
|
Subject to Subsection (b), each officer and employee of the |
|
|
Department of Savings and Mortgage Lending [Loan Department] is |
|
|
entitled to compensation set by the finance commission. The |
|
|
compensation shall be paid from the money of the Department of |
|
|
Savings and Mortgage Lending [Loan Department]. |
|
|
(b) Chapter 654, Government Code, applies to a position of |
|
|
the Department of Savings and Mortgage Lending [Loan Department] |
|
|
only if it is classified in salary groups 1-10 under the General |
|
|
Appropriations Act. The legislature in the General Appropriations |
|
|
Act may determine the total amount appropriated to the Department |
|
|
of Savings and Mortgage Lending [Loan Department] but may not |
|
|
determine the number or salaries of employees other than the |
|
|
positions specifically subject to Chapter 654, Government Code, as |
|
|
provided by this section. The finance commission, subject to the |
|
|
limits provided by this section, shall otherwise determine the |
|
|
number of employees of the Department of Savings and Mortgage |
|
|
Lending [Loan Department] and the salaries of those employees. The |
|
|
Department of Savings and Mortgage Lending [Loan Department] may |
|
|
use money appropriated to it for any purpose to pay the salaries |
|
|
determined by the finance commission. |
|
|
SECTION 6.017. Section 13.006, Finance Code, is amended to |
|
|
read as follows: |
|
|
Sec. 13.006. OATH OF OFFICE. Before assuming the duties of |
|
|
office, each deputy savings and mortgage lending [loan] |
|
|
commissioner, examiner, assistant examiner, conservator, |
|
|
supervisor, and special agent and each other officer or employee |
|
|
specified by the savings and mortgage lending [loan] commissioner |
|
|
must take an oath of office to discharge faithfully the duties |
|
|
assigned and uphold the constitution and laws of this state and the |
|
|
United States. |
|
|
SECTION 6.018. Section 13.007, Finance Code, is amended to |
|
|
read as follows: |
|
|
Sec. 13.007. GENERAL POWERS AND DUTIES OF COMMISSIONER. |
|
|
The savings and mortgage lending [loan] commissioner shall: |
|
|
(1) supervise and regulate the organization, |
|
|
operation, and liquidation of state savings associations, as |
|
|
provided by Subtitle B, Title 3, and state savings banks, as |
|
|
provided by Subtitle C, Title 3; and |
|
|
(2) enforce those subtitles personally or through a |
|
|
deputy savings and mortgage lending [loan] commissioner, examiner, |
|
|
supervisor, conservator, or other agent. |
|
|
SECTION 6.019. Sections 13.008(b) and (c), Finance Code, |
|
|
are amended to read as follows: |
|
|
(b) The savings and mortgage lending [loan] commissioner |
|
|
shall: |
|
|
(1) collect all fees, penalties, charges, and revenue |
|
|
required to be paid by state savings associations and savings |
|
|
banks; and |
|
|
(2) periodically submit to the finance commission, as |
|
|
directed by the finance commission, a complete report of the |
|
|
receipts and expenditures of the Department of Savings and Mortgage |
|
|
Lending [Loan Department]. |
|
|
(c) The cost of an audit of the financial transactions of |
|
|
the Department of Savings and Mortgage Lending [Loan Department] |
|
|
under Chapter 321, Government Code, shall be paid to the state |
|
|
auditor from the money of the Department of Savings and Mortgage |
|
|
Lending [Loan Department]. |
|
|
SECTION 6.020. Sections 13.010(b), (c), and (d), Finance |
|
|
Code, are amended to read as follows: |
|
|
(b) A person may not be a Department of Savings and Mortgage |
|
|
Lending [Loan Department] employee employed in a "bona fide |
|
|
executive, administrative, or professional capacity," as that |
|
|
phrase is used for purposes of establishing an exemption to the |
|
|
overtime provisions of the federal Fair Labor Standards Act of 1938 |
|
|
(29 U.S.C. Section 201 et seq.), and its subsequent amendments, if: |
|
|
(1) the person is an officer, employee, or paid |
|
|
consultant of a Texas trade association in a field regulated by the |
|
|
Department of Savings and Mortgage Lending [Loan Department]; or |
|
|
(2) the person's spouse is an officer, manager, or paid |
|
|
consultant of a Texas trade association in a field regulated by the |
|
|
Department of Savings and Mortgage Lending [Loan Department]. |
|
|
(c) A person may not act as the general counsel to the |
|
|
Department of Savings and Mortgage Lending [Loan Department] if the |
|
|
person is required to register as a lobbyist under Chapter 305, |
|
|
Government Code, because of the person's activities for |
|
|
compensation on behalf of a profession related to the operation of |
|
|
the Department of Savings and Mortgage Lending. [Loan Department] |
|
|
(d) Before the 11th day after the date on which an employee |
|
|
begins employment with the Department of Savings and Mortgage |
|
|
Lending [Loan Department], the employee shall read the |
|
|
conflict-of-interest statutes applicable to employees of the |
|
|
Department of Savings and Mortgage Lending [Loan Department] and |
|
|
sign a notarized affidavit stating that the employee has read those |
|
|
statutes. |
|
|
SECTION 6.021. Sections 13.011(a), (c), (d), and (e), |
|
|
Finance Code, are amended to read as follows: |
|
|
(a) The savings and mortgage lending [loan] commissioner |
|
|
shall prepare information of consumer interest describing: |
|
|
(1) the regulatory functions of the Department of |
|
|
Savings and Mortgage Lending [Loan Department]; and |
|
|
(2) the procedures by which consumer complaints are |
|
|
filed with and resolved by the Department of Savings and Mortgage |
|
|
Lending [Loan Department]. |
|
|
(c) The Department of Savings and Mortgage Lending [Loan
|
|
|
Department] shall maintain a file on each written complaint filed |
|
|
with the Department of Savings and Mortgage Lending [Loan
|
|
|
Department]. The file must include: |
|
|
(1) the name of the person who filed the complaint; |
|
|
(2) the date the complaint is received by the |
|
|
Department of Savings and Mortgage Lending [Loan Department]; |
|
|
(3) the subject matter of the complaint; |
|
|
(4) the name of each person contacted in relation to |
|
|
the complaint; |
|
|
(5) a summary of the results of the review or |
|
|
investigation of the complaint; and |
|
|
(6) an explanation of the reason the file was closed, |
|
|
if the agency closed the file without taking action other than to |
|
|
investigate the complaint. |
|
|
(d) The Department of Savings and Mortgage Lending [Loan
|
|
|
Department] shall provide to the person filing the complaint and to |
|
|
each person who is a subject of the complaint a copy of the |
|
|
Department of Savings and Mortgage Lending's [Loan Department's] |
|
|
policies and procedures relating to complaint investigation and |
|
|
resolution. |
|
|
(e) The Department of Savings and Mortgage Lending [Loan
|
|
|
Department], at least quarterly until final disposition of the |
|
|
complaint, shall notify the person filing the complaint and each |
|
|
person who is a subject of the complaint of the status of the |
|
|
investigation unless the notice would jeopardize an undercover |
|
|
investigation. |
|
|
SECTION 6.022. Section 13.012, Finance Code, is amended to |
|
|
read as follows: |
|
|
Sec. 13.012. SUNSET PROVISION. The office of savings and |
|
|
mortgage lending [loan] commissioner and the Department of Savings |
|
|
and Mortgage Lending [Loan Department] are subject to Chapter 325, |
|
|
Government Code (Texas Sunset Act). Unless continued in existence |
|
|
as provided by that chapter, the office and department are |
|
|
abolished September 1, 2013. |
|
|
SECTION 6.023. Section 13.013, Finance Code, is amended to |
|
|
read as follows: |
|
|
Sec. 13.013. STANDARDS OF CONDUCT. The savings and |
|
|
mortgage lending [loan] commissioner or the savings and mortgage |
|
|
lending [loan] commissioner's designee shall provide to agency |
|
|
employees, as often as necessary, information regarding the |
|
|
requirements for office or employment under this chapter, including |
|
|
information regarding a person's responsibilities under applicable |
|
|
laws relating to standards of conduct for state officers or |
|
|
employees. |
|
|
SECTION 6.024. Sections 13.014(a) and (b), Finance Code, |
|
|
are amended to read as follows: |
|
|
(a) The savings and mortgage lending [loan] commissioner or |
|
|
the savings and mortgage lending [loan] commissioner's designee |
|
|
shall prepare and maintain a written policy statement that |
|
|
implements a program of equal employment opportunity to ensure that |
|
|
all personnel decisions are made without regard to race, color, |
|
|
disability, sex, religion, age, or national origin. |
|
|
(b) The policy statement must include: |
|
|
(1) personnel policies, including policies relating |
|
|
to recruitment, evaluation, selection, training, and promotion of |
|
|
personnel, that show the intent of the Department of Savings and |
|
|
Mortgage Lending [Loan Department] to avoid the unlawful employment |
|
|
practices described by Chapter 21, Labor Code; and |
|
|
(2) an analysis of the extent to which the composition |
|
|
of the Department of Savings and Mortgage Lending [Loan
|
|
|
Department's] personnel is in accordance with state and federal law |
|
|
and a description of reasonable methods to achieve compliance with |
|
|
state and federal law. |
|
|
SECTION 6.025. Section 13.015, Finance Code, is amended to |
|
|
read as follows: |
|
|
Sec. 13.015. EMPLOYEE INCENTIVE PROGRAM. The savings and |
|
|
mortgage lending [loan] commissioner or the savings and mortgage |
|
|
lending [loan] commissioner's designee shall provide to agency |
|
|
employees information and training on the benefits and methods of |
|
|
participation in the state employee incentive program. |
|
|
SECTION 6.026. Section 61.002(5), Finance Code, is amended |
|
|
to read as follows: |
|
|
(5) "Commissioner" means the savings and mortgage |
|
|
lending [loan] commissioner. |
|
|
SECTION 6.027. Section 62.303(b), Finance Code, is amended |
|
|
to read as follows: |
|
|
(b) For purposes of Subsection (a), an association is in |
|
|
good standing if the association has paid all fees, assessments, |
|
|
and money due and payable to the Department of Savings and Mortgage |
|
|
Lending [Loan Department]. |
|
|
SECTION 6.028. Section 62.559(a), Finance Code, is amended |
|
|
to read as follows: |
|
|
(a) Except as provided by this section, information |
|
|
obtained by the commissioner under this subchapter is confidential |
|
|
and may not be disclosed by the commissioner or an officer or |
|
|
employee of the Department of Savings and Mortgage Lending [Loan
|
|
|
Department]. |
|
|
SECTION 6.029. Section 66.001, Finance Code, is amended to |
|
|
read as follows: |
|
|
Sec. 66.001. GENERAL DUTIES. The Department of Savings and |
|
|
Mortgage Lending [Loan Department] and the commissioner shall |
|
|
regulate associations and subsidiaries of associations operating |
|
|
under this subtitle. |
|
|
SECTION 6.030. Section 66.002, Finance Code, is amended to |
|
|
read as follows: |
|
|
Sec. 66.002. ADOPTION OF RULES. The finance commission may |
|
|
adopt rules relating to: |
|
|
(1) the minimum amounts of capital stock and paid-in |
|
|
surplus required for incorporation as a capital stock association; |
|
|
(2) the minimum amounts of savings liability and |
|
|
expense funds required for incorporation as a mutual association; |
|
|
(3) the fees and procedures for processing, hearing, |
|
|
and deciding applications filed with the commissioner or the |
|
|
Department of Savings and Mortgage Lending [Loan Department] under |
|
|
this subtitle; |
|
|
(4) the books and records that an association is |
|
|
required to keep and the location at which the books and records are |
|
|
required to be maintained; |
|
|
(5) the accounting principles and practices that an |
|
|
association is required to observe; |
|
|
(6) the conditions under which records may be copied |
|
|
or reproduced for permanent storage before the original records are |
|
|
destroyed; |
|
|
(7) the form, contents, and time of publication of |
|
|
statements of condition; |
|
|
(8) the form and contents of annual reports and other |
|
|
reports that an association is required to prepare and publish or |
|
|
file; |
|
|
(9) the manner in which assets, liabilities, and |
|
|
transactions in general are to be described when entered in the |
|
|
books of an association, so that the entry accurately describes the |
|
|
subject matter of the entry; and |
|
|
(10) the conditions under which the commissioner may |
|
|
require an asset to be charged off or reserves established by |
|
|
transfer from surplus or paid-in capital because of the |
|
|
depreciation of or overstated value of the asset. |
|
|
SECTION 6.031. Section 66.107(b), Finance Code, is amended |
|
|
to read as follows: |
|
|
(b) The commissioner shall set the matter for hearing to be |
|
|
held not earlier than the 11th day or later than the 30th day after |
|
|
the date of the request. The hearing must be held at the offices of |
|
|
the Department of Savings and Mortgage Lending [Loan Department] in |
|
|
Austin. |
|
|
SECTION 6.032. Section 66.306, Finance Code, is amended to |
|
|
read as follows: |
|
|
Sec. 66.306. PRIORITY OF CLAIMS. On liquidation of an |
|
|
association, claims for payment have the following priority: |
|
|
(1) obligations incurred by the commissioner or the |
|
|
liquidating agent, fees and assessments due the Department of |
|
|
Savings and Mortgage Lending [Loan Department], and expenses of |
|
|
liquidation, all of which may be covered by the proper reserve of |
|
|
money; |
|
|
(2) approved claims of creditors, to the extent that |
|
|
the claims are secured by, or constitute a lien on, the assets or |
|
|
property of the association; |
|
|
(3) approved claims of depositors against the general |
|
|
liquidating account of the association; |
|
|
(4) approved claims of general creditors and the |
|
|
unsecured portion of a creditor obligation described by Subdivision |
|
|
(2); |
|
|
(5) otherwise approved claims that were not filed |
|
|
within the time prescribed by Section 66.305; |
|
|
(6) approved claims of subordinated creditors; and |
|
|
(7) claims of shareholders of the association. |
|
|
SECTION 6.033. Sections 66.401(c) and (d), Finance Code, |
|
|
are amended to read as follows: |
|
|
(c) The commissioner may employ legal counsel to bring and |
|
|
prosecute a derivative suit. The commissioner may: |
|
|
(1) pay the counsel from funds appropriated for the |
|
|
operation of the Department of Savings and Mortgage Lending [Loan
|
|
|
Department]; or |
|
|
(2) require the association for which the suit is |
|
|
brought to pay the counsel directly or to reimburse the Department |
|
|
of Savings and Mortgage Lending [Loan Department] for the payment. |
|
|
(d) The association shall be paid an amount equal to the |
|
|
amount of the proceeds of a judgment on a suit brought under this |
|
|
section less unreimbursed costs and expenses, including attorney's |
|
|
fees, incurred by the Department of Savings and Mortgage Lending |
|
|
[Loan Department] in prosecuting the suit. |
|
|
SECTION 6.034. Section 89.006(a), Finance Code, is amended |
|
|
to read as follows: |
|
|
(a) The commissioner, a member of the finance commission, a |
|
|
deputy commissioner, an examiner, or any other officer or employee |
|
|
of the Department of Savings and Mortgage Lending [Loan Department] |
|
|
is not personally liable for damages arising from the person's |
|
|
official act or omission unless the act or omission is corrupt or |
|
|
malicious. |
|
|
SECTION 6.035. Section 89.052(a), Finance Code, is amended |
|
|
to read as follows: |
|
|
(a) The commissioner and an examiner, supervisor, |
|
|
conservator, liquidator, inspector, deputy, assistant, clerk, or |
|
|
other employee of the Department of Savings and Mortgage Lending |
|
|
[Loan Department] who is appointed or acting under this subtitle |
|
|
shall be removed from the person's position with the department if |
|
|
the person: |
|
|
(1) does not keep secret a fact or information about an |
|
|
association obtained during an examination or because of the |
|
|
person's official position, except when the public duty of the |
|
|
person requires otherwise; or |
|
|
(2) wilfully makes a false official report about the |
|
|
condition of an association. |
|
|
SECTION 6.036. Section 89.102(a), Finance Code, is amended |
|
|
to read as follows: |
|
|
(a) The commissioner may require an association that |
|
|
knowingly violates this subtitle or a rule adopted under this |
|
|
subtitle to pay to the Department of Savings and Mortgage Lending |
|
|
[Loan Department] an administrative penalty not to exceed $1,000 |
|
|
for each day that the violation occurs after notice of the violation |
|
|
is given by the commissioner. |
|
|
SECTION 6.037. Sections 91.002(1) and (5), Finance Code, |
|
|
are amended to read as follows: |
|
|
(1) "Appropriate banking agency": |
|
|
(A) means: |
|
|
(i) with respect to a savings bank |
|
|
chartered by this state, the Department of Savings and Mortgage |
|
|
Lending [Loan Department]; |
|
|
(ii) with respect to a federal savings |
|
|
bank, the Office of Thrift Supervision; |
|
|
(iii) with respect to a savings and loan |
|
|
association chartered by this state, the Department of Savings and |
|
|
Mortgage Lending [Loan Department]; |
|
|
(iv) with respect to a federal savings and |
|
|
loan association, the Office of Thrift Supervision; |
|
|
(v) with respect to a bank chartered by this |
|
|
state, the Texas Department of Banking; and |
|
|
(vi) with respect to a national bank, the |
|
|
Office of the Comptroller of the Currency; and |
|
|
(B) includes: |
|
|
(i) in each case in which a state bank is a |
|
|
member of the Federal Reserve System, the board of governors of the |
|
|
Federal Reserve System; |
|
|
(ii) in each case where required by the |
|
|
Federal Deposit Insurance Act (12 U.S.C. Section 1811 et seq.), the |
|
|
Federal Deposit Insurance Corporation; and |
|
|
(iii) any successor of a state or federal |
|
|
agency specified by this subdivision. |
|
|
(5) "Commissioner" means the savings and mortgage |
|
|
lending [loan] commissioner. |
|
|
SECTION 6.038. Section 92.555(a), Finance Code, is amended |
|
|
to read as follows: |
|
|
(a) Except as provided by this section, information the |
|
|
commissioner obtains under this subchapter that is not published is |
|
|
confidential and may not be disclosed by the commissioner or an |
|
|
officer or employee of the Department of Savings and Mortgage |
|
|
Lending [Loan Department]. |
|
|
SECTION 6.039. Section 96.001, Finance Code, is amended to |
|
|
read as follows: |
|
|
Sec. 96.001. GENERAL DUTIES. The Department of Savings and |
|
|
Mortgage Lending [Loan Department] and the commissioner shall |
|
|
regulate savings banks and subsidiaries of savings banks operating |
|
|
under this subtitle. |
|
|
SECTION 6.040. Section 96.002(a), Finance Code, is amended |
|
|
to read as follows: |
|
|
(a) The finance commission may adopt rules necessary to |
|
|
supervise and regulate savings banks and to protect public |
|
|
investment in savings banks, including rules relating to: |
|
|
(1) the minimum amounts of capital required to |
|
|
incorporate and operate as a savings bank, which may not be less |
|
|
than the amounts required of corresponding national banks; |
|
|
(2) the fees and procedures for processing, hearing, |
|
|
and deciding applications filed with the commissioner or the |
|
|
Department of Savings and Mortgage Lending [Loan Department] under |
|
|
this subtitle; |
|
|
(3) the books and records that a savings bank is |
|
|
required to keep and the location at which the books and records are |
|
|
required to be maintained; |
|
|
(4) the accounting principles and practices that a |
|
|
savings bank is required to observe; |
|
|
(5) the conditions under which records may be copied |
|
|
or reproduced for permanent storage before the originals are |
|
|
destroyed; |
|
|
(6) the form, content, and time of publication of |
|
|
statements of condition; |
|
|
(7) the form and content of annual reports and other |
|
|
reports that a savings bank is required to prepare and publish or |
|
|
file; |
|
|
(8) the manner in which assets, liabilities, and |
|
|
transactions in general are to be described when entered in the |
|
|
books of a savings bank, so that the entry accurately describes the |
|
|
subject matter of the entry; |
|
|
(9) the conditions under which the commissioner may |
|
|
require an asset to be charged off or reserves established by |
|
|
transfer from surplus or paid-in capital because of depreciation of |
|
|
or overstated value of the asset; |
|
|
(10) the change of control of a savings bank; |
|
|
(11) the conduct, management, and operation of a |
|
|
savings bank; |
|
|
(12) the withdrawable accounts, bonuses, plans, and |
|
|
contracts for savings programs; |
|
|
(13) the merger, consolidation, reorganization, |
|
|
conversion, and liquidation of a savings bank; |
|
|
(14) the establishment of an additional office or the |
|
|
change of office location or name of a savings bank; |
|
|
(15) the requirements for a savings bank's holding |
|
|
companies, including those relating to: |
|
|
(A) registration and periodic reporting of a |
|
|
holding company with the commissioner; and |
|
|
(B) transactions between a holding company, an |
|
|
affiliate of a holding company, or a savings bank; and |
|
|
(16) the powers of a savings bank to make loans and |
|
|
investments that contain provisions reasonably necessary to ensure |
|
|
that a loan made by a savings bank is consistent with sound lending |
|
|
practices and that the savings bank's investment will promote the |
|
|
purposes of this subtitle, including provisions governing: |
|
|
(A) the type of loans and the conditions under |
|
|
which a savings bank may originate, make, or sell loans; |
|
|
(B) the conditions under which a savings bank may |
|
|
purchase or participate in a loan made by another lender; |
|
|
(C) the conditions for the servicing of a loan |
|
|
for another lender; |
|
|
(D) the conditions under which a savings bank may |
|
|
lend money on the security of a loan made by another person; |
|
|
(E) the conditions under which a savings bank may |
|
|
pledge loans held by it as collateral for borrowing by the savings |
|
|
bank; |
|
|
(F) the conditions under which a savings bank may |
|
|
invest in securities and debt instruments; |
|
|
(G) the documentation that a savings bank must |
|
|
have in its files at the time of funding or purchase of a loan, an |
|
|
investment, or a participation in a loan; |
|
|
(H) the form and content of statements of |
|
|
expenses and fees and other charges that are paid by a borrower or |
|
|
that a borrower is obligated to pay; |
|
|
(I) the title information that must be |
|
|
maintained; |
|
|
(J) the borrower's insurance coverage of |
|
|
property securing a loan; |
|
|
(K) an appraisal report; |
|
|
(L) the financial statement of a borrower; |
|
|
(M) the fees or other compensation that may be |
|
|
paid to a person in connection with obtaining a loan for a savings |
|
|
bank, including an officer, director, employee, affiliated person, |
|
|
consultant, or third party; |
|
|
(N) the conditions under which the savings bank |
|
|
may advance money to pay a tax, assessment, insurance premium, or |
|
|
other similar charge for the protection of the savings bank's |
|
|
interest in property securing the savings bank's loans; |
|
|
(O) the terms under which a savings bank may |
|
|
acquire and deal in real property; |
|
|
(P) the valuation on a savings bank's books of |
|
|
real property held by the savings bank; |
|
|
(Q) the terms governing the investment by a |
|
|
savings bank in a subsidiary, the powers that may be exercised by a |
|
|
subsidiary, and the activities that may be engaged in by a |
|
|
subsidiary; and |
|
|
(R) any other matter considered necessary to |
|
|
administer each type of transaction. |
|
|
SECTION 6.041. Section 96.107(b), Finance Code, is amended |
|
|
to read as follows: |
|
|
(b) The commissioner shall set the hearing to be held not |
|
|
earlier than the 10th day or later than the 30th day after the date |
|
|
of the request. The hearing must be held at the offices of the |
|
|
Department of Savings and Mortgage Lending [Loan Department]. |
|
|
SECTION 6.042. Section 96.159(b), Finance Code, is amended |
|
|
to read as follows: |
|
|
(b) The commissioner shall set the hearing to be held not |
|
|
earlier than the 10th day or later than the 30th day after the date |
|
|
of the request. The hearing must be held at the offices of the |
|
|
Department of Savings and Mortgage Lending [Loan Department]. |
|
|
SECTION 6.043. Section 96.351, Finance Code, is amended to |
|
|
read as follows: |
|
|
Sec. 96.351. DISCLOSURE BY DEPARTMENT PROHIBITED. Except |
|
|
as otherwise provided by this subtitle or a rule adopted under this |
|
|
subtitle, the following are confidential and may not be disclosed |
|
|
by the commissioner or an examiner, supervisor, conservator, |
|
|
liquidator, inspector, deputy, or assistant clerk or other employee |
|
|
of the Department of Savings and Mortgage Lending [Loan Department] |
|
|
who is appointed or acting under this subtitle: |
|
|
(1) information, regardless of the circumstances |
|
|
under which the information is obtained, regarding a financial |
|
|
institution or a shareholder, participant, officer, director, |
|
|
manager, affiliate, or service provider of a financial institution, |
|
|
other than information in a public statement or the public portion |
|
|
of a call report or profit and loss statement; and |
|
|
(2) all related files and records of the department. |
|
|
SECTION 6.044. Section 96.353(a), Finance Code, is amended |
|
|
to read as follows: |
|
|
(a) Confidential information that is provided to a |
|
|
financial institution or an affiliate or service provider of a |
|
|
financial institution, whether in the form of a report of |
|
|
examination or otherwise, is the confidential property of the |
|
|
Department of Savings and Mortgage Lending [Loan Department]. |
|
|
SECTION 6.045. Section 96.355(a), Finance Code, is amended |
|
|
to read as follows: |
|
|
(a) Notwithstanding any other law, the commissioner may |
|
|
refuse to release information or records in the custody of the |
|
|
Department of Savings and Mortgage Lending [Loan Department] if the |
|
|
commissioner believes release of the information or records might |
|
|
jeopardize an investigation of possibly unlawful activities. |
|
|
SECTION 6.046. Section 96.357, Finance Code, is amended to |
|
|
read as follows: |
|
|
Sec. 96.357. REMOVAL FOR VIOLATION. A person who violates |
|
|
this subchapter or who wilfully makes a false official report on the |
|
|
condition of a financial institution shall be removed from office |
|
|
or further employment with the Department of Savings and Mortgage |
|
|
Lending [Loan Department]. |
|
|
SECTION 6.047. Sections 96.401(c) and (d), Finance Code, |
|
|
are amended to read as follows: |
|
|
(c) The commissioner may employ legal counsel to bring and |
|
|
prosecute a derivative suit. The commissioner may: |
|
|
(1) pay counsel from funds appropriated for the |
|
|
operation of the Department of Savings and Mortgage Lending [Loan
|
|
|
Department]; or |
|
|
(2) require the savings bank for which the suit is |
|
|
brought to pay the counsel directly or to reimburse the Department |
|
|
of Savings and Mortgage Lending [Loan Department] for the payment. |
|
|
(d) The savings bank shall be paid an amount equal to the |
|
|
amount of the proceeds of a judgment on a suit brought under this |
|
|
section less unreimbursed costs and expenses, including attorney's |
|
|
fees incurred by the Department of Savings and Mortgage Lending |
|
|
[Loan Department] in prosecuting the suit. |
|
|
SECTION 6.048. Section 96.404, Finance Code, is amended to |
|
|
read as follows: |
|
|
Sec. 96.404. INTEREST IN SAVINGS BANK PROHIBITED FOR |
|
|
DEPARTMENT. (a) A savings bank or a director, officer, employee, |
|
|
or representative of a savings bank may not give a loan or gratuity, |
|
|
directly or indirectly, to the commissioner, an employee of the |
|
|
Department of Savings and Mortgage Lending [Loan Department], or a |
|
|
spouse of the commissioner or employee. |
|
|
(b) The commissioner or an employee of the Department of |
|
|
Savings and Mortgage Lending [Loan Department] may not: |
|
|
(1) hold an office or position in a domestic savings |
|
|
bank or exercise a right to vote on a domestic savings bank matter |
|
|
because the person is a member of or shareholder in the savings |
|
|
bank; |
|
|
(2) hold an interest, directly or indirectly, in a |
|
|
domestic savings bank; or |
|
|
(3) undertake an indebtedness as a borrower, directly |
|
|
or indirectly, or endorser, surety, or guarantor or sell or |
|
|
otherwise dispose of a loan or investment to a domestic savings |
|
|
bank. |
|
|
(c) If the commissioner or an employee of the Department of |
|
|
Savings and Mortgage Lending [Loan Department] has a prohibited, |
|
|
direct or indirect right or interest in a domestic savings bank at |
|
|
the time of appointment or employment, the commissioner or employee |
|
|
shall dispose of the right or interest not later than the 60th day |
|
|
after the date of appointment or employment. |
|
|
(d) If the commissioner or an employee of the Department of |
|
|
Savings and Mortgage Lending [Loan Department] is indebted as a |
|
|
borrower, directly or indirectly, or is an endorser, surety, or |
|
|
guarantor on a note to a domestic savings bank at the time of |
|
|
appointment or employment, the commissioner or employee may |
|
|
continue in that capacity until that debt is paid. |
|
|
SECTION 6.049. Section 96.405, Finance Code, is amended to |
|
|
read as follows: |
|
|
Sec. 96.405. PERMITTED TRANSACTIONS FOR DEPARTMENT |
|
|
RELATING TO SAVINGS BANK. (a) The commissioner or an employee of |
|
|
the Department of Savings and Mortgage Lending [Loan Department] |
|
|
may hold a deposit account at a savings bank and receive earnings on |
|
|
the account. |
|
|
(b) If a loan or other note of the commissioner or an |
|
|
employee of the Department of Savings and Mortgage Lending [Loan
|
|
|
Department] is acquired by a savings bank, the commissioner or |
|
|
employee may continue as a borrower, endorser, surety, or guarantor |
|
|
of the loan or note until the loan or note is paid. |
|
|
SECTION 6.050. Section 119.008(a), Finance Code, is amended |
|
|
to read as follows: |
|
|
(a) The commissioner, a member of the finance commission, a |
|
|
deputy commissioner, an examiner, or any other officer or employee |
|
|
of the Department of Savings and Mortgage Lending [Loan Department] |
|
|
is not personally liable for damages arising from the person's |
|
|
official act or omission unless the act or omission is corrupt or |
|
|
malicious. |
|
|
SECTION 6.051. Section 119.201(a), Finance Code, is amended |
|
|
to read as follows: |
|
|
(a) The commissioner may require a savings bank that |
|
|
knowingly violates this subtitle or a rule adopted under this |
|
|
subtitle to pay to the Department of Savings and Mortgage Lending |
|
|
[department] an administrative penalty not to exceed $10,000 for |
|
|
each day that the violation occurs after notice of the violation is |
|
|
given by the commissioner. |
|
|
SECTION 6.052. Section 156.002(1), Finance Code, is amended |
|
|
to read as follows: |
|
|
(1) "Commissioner" means the savings and mortgage |
|
|
lending [loan] commissioner. |
|
|
SECTION 6.053. Section 157.002(1), Finance Code, is amended |
|
|
to read as follows: |
|
|
(1) "Commissioner" means the savings and mortgage |
|
|
lending [loan] commissioner. |
|
|
SECTION 6.054. Section 157.007, Finance Code, is amended to |
|
|
read as follows: |
|
|
Sec. 157.007. DISCLOSURE STATEMENT. A mortgage banker |
|
|
shall include the following notice to a mortgage loan applicant |
|
|
with an application for a mortgage loan: |
|
|
"COMPLAINTS REGARDING MORTGAGE BANKERS SHOULD BE SENT TO THE |
|
|
DEPARTMENT OF SAVINGS AND MORTGAGE LENDING [LOAN DEPARTMENT], |
|
|
______________________________ (street address of the Department |
|
|
of Savings and Mortgage Lending [Loan Department]). A TOLL-FREE |
|
|
CONSUMER HOTLINE IS AVAILABLE AT _______________ (telephone number |
|
|
of the Department of Savings and Mortgage Lending's [Loan
|
|
|
Department's] toll-free consumer hotline)." |
|
|
SECTION 6.055. Section 157.008(a), Finance Code, is amended |
|
|
to read as follows: |
|
|
(a) If the Department of Savings and Mortgage Lending [Loan
|
|
|
Department] receives a signed written complaint from a person |
|
|
concerning a mortgage banker, the commissioner shall notify the |
|
|
representative designated by the mortgage banker under Section |
|
|
157.003(b) in writing of the complaint and provide a copy of the |
|
|
complaint to the representative. |
|
|
SECTION 6.056. Section 187.202(e), Finance Code, is amended |
|
|
to read as follows: |
|
|
(e) A credit union, savings association, or savings bank |
|
|
that does not maintain a branch in this state and desires to |
|
|
establish or acquire and maintain a representative trust office |
|
|
shall comply with this section, except that the notice required by |
|
|
Subsection (a) must be filed with, and the duties and |
|
|
responsibilities of the banking commissioner under Subsections |
|
|
(b)-(d) shall be performed by: |
|
|
(1) the Texas credit union commissioner, with respect |
|
|
to a credit union; or |
|
|
(2) the Texas savings and mortgage lending [loan] |
|
|
commissioner, with respect to a savings association or savings |
|
|
bank. |
|
|
SECTION 6.057. Section 187.303(b), Finance Code, is amended |
|
|
to read as follows: |
|
|
(b) With respect to the trust business of a credit union, |
|
|
savings association, or savings bank, the duties and |
|
|
responsibilities of the banking commissioner under Subsection (a) |
|
|
shall be performed by: |
|
|
(1) the Texas credit union commissioner, with respect |
|
|
to a credit union; or |
|
|
(2) the Texas savings and mortgage lending [loan] |
|
|
commissioner, with respect to a savings association or savings |
|
|
bank. |
|
|
SECTION 6.058. Section 201.002(9), Finance Code, is amended |
|
|
to read as follows: |
|
|
(9) "Commissioner" has the meaning assigned to the |
|
|
term "banking commissioner" by Section 31.002(a), except that for |
|
|
purposes of Chapter 203 and the laws of this state as they relate to |
|
|
Chapter 203, with respect to a state savings bank, the term means |
|
|
the savings and mortgage lending [loan] commissioner of Texas. |
|
|
SECTION 6.059. Section 273.003(2), Finance Code, is amended |
|
|
to read as follows: |
|
|
(2) "Commissioner" means the savings and mortgage |
|
|
lending [loan] commissioner. |
|
|
SECTION 6.060. Section 341.103, Finance Code, is amended to |
|
|
read as follows: |
|
|
Sec. 341.103. REGULATION OF SAVINGS ASSOCIATIONS. (a) The |
|
|
savings and mortgage lending [loan] commissioner shall enforce this |
|
|
subtitle relating to the regulation of state savings associations |
|
|
operating under this subtitle. |
|
|
(b) The official exercising authority over the operation of |
|
|
federal savings associations equivalent to the authority exercised |
|
|
by the savings and mortgage lending [loan] commissioner over state |
|
|
savings associations may enforce this subtitle relating to the |
|
|
regulation of a federal savings association operating under this |
|
|
subtitle. |
|
|
SECTION 6.061. Section 411.081(i), Government Code, is |
|
|
amended to read as follows: |
|
|
(i) A criminal justice agency may disclose criminal history |
|
|
record information that is the subject of an order of nondisclosure |
|
|
to the following noncriminal justice agencies or entities only: |
|
|
(1) the State Board for Educator Certification; |
|
|
(2) a school district, charter school, private school, |
|
|
regional education service center, commercial transportation |
|
|
company, or education shared service arrangement; |
|
|
(3) the Texas State Board of Medical Examiners; |
|
|
(4) the Texas School for the Blind and Visually |
|
|
Impaired; |
|
|
(5) the Board of Law Examiners; |
|
|
(6) the State Bar of Texas; |
|
|
(7) a district court regarding a petition for name |
|
|
change under Subchapter B, Chapter 45, Family Code; |
|
|
(8) the Texas School for the Deaf; |
|
|
(9) the Department of Family and Protective Services; |
|
|
(10) the Texas Youth Commission; |
|
|
(11) the Department of Assistive and Rehabilitative |
|
|
Services; |
|
|
(12) the Department of State Health Services, a local |
|
|
mental health service, a local mental retardation authority, or a |
|
|
community center providing services to persons with mental illness |
|
|
or retardation; |
|
|
(13) the Texas Private Security Board; |
|
|
(14) a municipal or volunteer fire department; |
|
|
(15) the Board of Nurse Examiners; |
|
|
(16) a safe house providing shelter to children in |
|
|
harmful situations; |
|
|
(17) a public or nonprofit hospital or hospital |
|
|
district; |
|
|
(18) the Texas Juvenile Probation Commission; |
|
|
(19) the securities commissioner, the banking |
|
|
commissioner, the savings and mortgage lending [loan] |
|
|
commissioner, or the credit union commissioner; |
|
|
(20) the Texas State Board of Public Accountancy; |
|
|
(21) the Texas Department of Licensing and Regulation; |
|
|
(22) the Health and Human Services Commission; and |
|
|
(23) the Department of Aging and Disability Services. |
|
|
SECTION 6.062. Section 411.1385, Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 411.1385. ACCESS TO CRIMINAL HISTORY RECORD |
|
|
INFORMATION: SAVINGS AND MORTGAGE LENDING [LOAN] COMMISSIONER. |
|
|
(a) The savings and mortgage lending [loan] commissioner is |
|
|
entitled to obtain from the department criminal history record |
|
|
information maintained by the department that relates to a person |
|
|
who is an applicant for or holder of a mortgage broker or loan |
|
|
officer license issued under Chapter 156, Finance Code. |
|
|
(b) Criminal history record information obtained by the |
|
|
savings and mortgage lending [loan] commissioner under Subsection |
|
|
(a) may be released or disclosed only as provided by Section |
|
|
156.206, Finance Code. |
|
|
SECTION 6.063. Sections 2306.260(a) and (g), Government |
|
|
Code, are amended to read as follows: |
|
|
(a) The department shall conduct a study to examine mortgage |
|
|
foreclosure rates in Bexar, Cameron, Dallas, El Paso, Harris, and |
|
|
Travis Counties and shall establish an advisory committee to direct |
|
|
the focus of the study. The advisory committee shall be composed |
|
|
of: |
|
|
(1) the director or the director's representative; |
|
|
(2) the savings and mortgage lending [loan] |
|
|
commissioner or the commissioner's representative; |
|
|
(3) four members appointed by the director who |
|
|
represent community and consumer interests; |
|
|
(4) four members appointed by the savings and mortgage |
|
|
lending [loan] commissioner who represent the mortgage lending |
|
|
industry; and |
|
|
(5) a representative of the Texas Housing Research |
|
|
Consortium at The University of Texas at Austin. |
|
|
(g) All information used to conduct the study must be |
|
|
accessible to the department, the Department of Savings and |
|
|
Mortgage Lending [Loan Department], and the legislature. The |
|
|
department shall prepare a consolidated analysis and |
|
|
recapitulation of the information used to conduct the study and |
|
|
shall make the analysis and recapitulation available to the public. |
|
|
The department shall ensure that the analysis and recapitulation of |
|
|
the information used to conduct the study contain only aggregate |
|
|
data and do not contain data specific to any mortgage. |
|
|
SECTION 6.064. Section 12.018, Property Code, is amended to |
|
|
read as follows: |
|
|
Sec. 12.018. TRANSFER BY RECEIVER OR CONSERVATOR OF FAILED |
|
|
DEPOSITORY INSTITUTION. If a bank, savings and loan association, |
|
|
savings bank, or other depository institution is placed in |
|
|
receivership or conservatorship by a state or federal agency, |
|
|
instrumentality, or institution, including the Banking Department |
|
|
of Texas, Department of Savings and Mortgage Lending [Loan
|
|
|
Department] of Texas, Office of the Comptroller of the Currency, |
|
|
Resolution Trust Corporation, Federal Deposit Insurance |
|
|
Corporation, Federal Savings and Loan Insurance Corporation, or |
|
|
their successors, a person at any time may record an affidavit or |
|
|
memorandum of a sale, transfer, purchase, or acquisition agreement |
|
|
between the receiver or conservator of the failed depository |
|
|
institution and another depository institution. If the sale, |
|
|
transfer, purchase, or acquisition agreement transfers or sells an |
|
|
interest in land or in a mortgage or other lien vested according to |
|
|
the real property records in the failed depository institution, a |
|
|
recorded affidavit or memorandum under this section is constructive |
|
|
notice of the transfer or sale. The failure of the affidavit or |
|
|
memorandum to be executed by the record owner or of the affidavit, |
|
|
memorandum, or agreement to contain language of conveyance does not |
|
|
create a defect in title to the land or the lien. |
|
|
SECTION 6.065. Section 74.704, Property Code, is amended to |
|
|
read as follows: |
|
|
Sec. 74.704. ASSISTANCE IN ENFORCEMENT. If the |
|
|
comptroller or the attorney general requests, the State Auditor, |
|
|
Banking Commissioner of Texas, securities commissioner, |
|
|
commissioner of insurance, savings and mortgage lending [loan] |
|
|
commissioner, Credit Union Commission, Department of Public Safety |
|
|
of the State of Texas, or any district or county attorney shall |
|
|
assist the comptroller or attorney general in enforcing this title. |
|
|
SECTION 6.066. Section 721.003(a), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(a) The governing bodies of the following state agencies or |
|
|
divisions by rule may exempt from the requirements of Section |
|
|
721.002 a motor vehicle that is under the control and custody of the |
|
|
agency or division: |
|
|
(1) Texas Commission on Fire Protection; |
|
|
(2) Texas State Board of Pharmacy; |
|
|
(3) Texas Department of Mental Health and Mental |
|
|
Retardation; |
|
|
(4) Department of Public Safety of the State of Texas; |
|
|
(5) the institutional division or the pardons and |
|
|
paroles division of the Texas Department of Criminal Justice; |
|
|
(6) Board of Pardons and Paroles; |
|
|
(7) Parks and Wildlife Department; |
|
|
(8) Railroad Commission of Texas; |
|
|
(9) Texas Alcoholic Beverage Commission; |
|
|
(10) Texas Department of Banking; |
|
|
(11) Department of Savings and Mortgage Lending [Loan
|
|
|
Department]; |
|
|
(12) Texas Juvenile Probation Commission; |
|
|
(13) Texas Natural Resource Conservation Commission; |
|
|
(14) Texas Youth Commission; |
|
|
(15) Texas Lottery Commission; |
|
|
(16) the office of the attorney general; |
|
|
(17) Texas Department of Insurance; and |
|
|
(18) an agency that receives an appropriation under an |
|
|
article of the General Appropriations Act that appropriates money |
|
|
to the legislature. |
|
|
SECTION 6.067. Section 171.260(b), Tax Code, is amended to |
|
|
read as follows: |
|
|
(b) The savings and mortgage lending [loan] commissioner |
|
|
shall appoint a conservator under Subtitle B or C, Title 3, Finance |
|
|
Code, to pay the franchise tax of a savings and loan association |
|
|
that is organized under the laws of this state and that the |
|
|
commissioner certifies as being delinquent in the payment of the |
|
|
association's franchise tax. |
|
|
SECTION 6.068. Section 26.342(3), Water Code, is amended to |
|
|
read as follows: |
|
|
(3) "Corporate fiduciary" means an entity chartered by |
|
|
the Banking Department of Texas, the Department of Savings and |
|
|
Mortgage Lending [Loan Department of Texas], the United States |
|
|
comptroller of the currency, or the director of the United States |
|
|
Office of Thrift Supervision that acts as a receiver, conservator, |
|
|
guardian, executor, administrator, trustee, or fiduciary of real or |
|
|
personal property. |
|
|
ARTICLE 7. CHANGES RELATING TO GOVERNMENT CODE |
|
|
PART A. GENERAL CHANGES |
|
|
SECTION 7.001. Section 51.201(a), Government Code, is |
|
|
amended to conform to Section 5a, Article V, Texas Constitution, as |
|
|
added by H.J.R. No. 75, Acts of the 77th Legislature, Regular |
|
|
Session, 2001, and approved by the voters at the election held |
|
|
November 6, 2001, to read as follows: |
|
|
(a) An [A clerk of a court of appeals serves for a term of
|
|
|
two years and the] order appointing a [the] clerk of a court of |
|
|
appeals must be recorded in the minutes of the court. |
|
|
SECTION 7.002. Section 57.002(c), Government Code, as |
|
|
amended by Chapters 584 and 614, Acts of the 79th Legislature, |
|
|
Regular Session, 2005, is reenacted to read as follows: |
|
|
(c) Subject to Subsection (e), in a county with a population |
|
|
of less than 50,000, a court may appoint a spoken language |
|
|
interpreter who is not a licensed court interpreter. |
|
|
SECTION 7.003. Section 305.0062(d), Government Code, is |
|
|
amended to correct a reference to read as follows: |
|
|
(d) If a registrant cannot reasonably determine the amount |
|
|
of an expenditure under Section 305.006(b) that is directly |
|
|
attributable to a member of the legislative or executive branch as |
|
|
required by Subsection (a), the registrant shall apportion the |
|
|
expenditure made by that registrant or by others on the |
|
|
registrant's behalf and with the registrant's consent or |
|
|
ratification according to the total number of persons in |
|
|
attendance. However, if an expenditure is for an event to which all |
|
|
legislators are invited, the registrant shall report the |
|
|
expenditure under Subsection (a)(8) [(a)(7)] and not under any |
|
|
other subdivision of that subsection or any other provision of this |
|
|
chapter. |
|
|
SECTION 7.004. Section 411.110(a), Government Code, as |
|
|
amended by Chapters 282 and 1300, Acts of the 79th Legislature, |
|
|
Regular Session, 2005, is reenacted and amended to read as follows: |
|
|
(a) The Department of State Health Services is entitled to |
|
|
obtain from the department criminal history record information |
|
|
maintained by the department that relates to: |
|
|
(1) a person who is: |
|
|
(A) an applicant for a license or certificate |
|
|
under the Emergency Medical Services Act (Chapter 773, Health and |
|
|
Safety Code); |
|
|
(B) an owner or manager of an applicant for an |
|
|
emergency medical services provider license under that Act; or |
|
|
(C) the holder of a license or certificate under |
|
|
that Act; [or] |
|
|
(2) an applicant for a license or a license holder |
|
|
under Subchapter N, Chapter 431, Health and Safety Code; or |
|
|
(3) [(2)] an applicant for a license, the owner or |
|
|
manager of an applicant for a massage establishment license, or a |
|
|
license holder under Chapter 455, Occupations Code. |
|
|
SECTION 7.0041. Section 2054.2595, Government Code, is |
|
|
repealed to conform to Section 8, Chapter 1260, Acts of the 79th |
|
|
Legislature, Regular Session, 2005, and Section 6, Chapter 1292, |
|
|
Acts of the 79th Legislature, Regular Session, 2005. |
|
|
SECTION 7.0042. Section 2054.260, Government Code, as |
|
|
amended by Chapters 1260 and 1292, Acts of the 79th Legislature, |
|
|
Regular Session, 2005, is reenacted to read as follows: |
|
|
Sec. 2054.260. REPORTING REQUIREMENTS. (a) Not later than |
|
|
September 1 of each even-numbered year, the department shall report |
|
|
on the status, progress, benefits, and efficiency gains of the |
|
|
project. The department shall provide the report to: |
|
|
(1) the presiding officer of each house of the |
|
|
legislature; |
|
|
(2) the chair of each committee in the legislature |
|
|
that has primary jurisdiction over the department; |
|
|
(3) the governor; and |
|
|
(4) each state agency or local government |
|
|
participating in the project. |
|
|
(b) Not later than September 1 of each even-numbered year, |
|
|
the department shall report on financial matters, including project |
|
|
costs and revenues, and on any significant issues regarding |
|
|
contract performance on the project. |
|
|
(c) The department shall provide the report to: |
|
|
(1) the presiding officer of each house of the |
|
|
legislature; and |
|
|
(2) the chair of each committee in the legislature |
|
|
with primary jurisdiction over the department. |
|
|
SECTION 7.0043. Sections 2054.272(a) and (c), Government |
|
|
Code, as added by Chapter 672, Acts of the 79th Legislature, Regular |
|
|
Session, 2005, are amended to conform to Section 26, Chapter 1260, |
|
|
Acts of the 79th Legislature, Regular Session, 2005, to read as |
|
|
follows: |
|
|
(a) A state agency that has jurisdiction over matters |
|
|
related to occupational licenses, including a licensing entity of |
|
|
this state, shall develop in cooperation with the department |
|
|
[authority] a link through the TexasOnline portal. |
|
|
(c) The department [authority] may not charge a fee to |
|
|
implement this section. |
|
|
SECTION 7.005. Section 2054.272, Government Code, as added |
|
|
by Chapter 1292, Acts of the 79th Legislature, Regular Session, |
|
|
2005, and Section 2054.273, Government Code, as added by Chapter |
|
|
1260, Acts of the 79th Legislature, Regular Session, 2005, are |
|
|
consolidated and renumbered as Section 2054.2721, Government Code, |
|
|
and reenacted to read as follows: |
|
|
Sec. 2054.2721. INDEPENDENT ANNUAL AUDIT. (a) Not later |
|
|
than August 1 of each year, any private vendor chosen to implement |
|
|
or manage the project shall have an audit of the vendor's finances |
|
|
associated with the management and operation of the project |
|
|
performed by an independent certified public accountant selected by |
|
|
the state. The vendor shall pay for the audit and shall have a copy |
|
|
of the audit provided to the department. |
|
|
(b) Not later than August 15 of each year, the department |
|
|
shall provide a copy of the audit report to: |
|
|
(1) the presiding officer of each house of the |
|
|
legislature; and |
|
|
(2) the chair of each committee in the legislature |
|
|
with primary jurisdiction over the department. |
|
|
(c) The department shall keep a copy of the audit report and |
|
|
make the audit report available for inspection by any interested |
|
|
person during regular business hours. |
|
|
SECTION 7.0051. Section 2054.273(a), Government Code, as |
|
|
added by Chapter 1292, Acts of the 79th Legislature, Regular |
|
|
Session, 2005, is amended to conform to Section 26, Chapter 1260, |
|
|
Acts of the 79th Legislature, Regular Session, 2005, to read as |
|
|
follows: |
|
|
(a) A state agency or a vendor, as determined by the |
|
|
department [authority], shall collect all fees charged to use the |
|
|
project. If a state agency collects the fees charged to use the |
|
|
project, the state agency shall forward the fees to the vendor, if |
|
|
the state has contracted with a vendor under Section 2054.252(d). |
|
|
If the state has not contracted with a vendor, the state agency |
|
|
shall forward to the state an amount equal to the state's share of |
|
|
the fees. If a vendor collects or receives the fees charged for use |
|
|
of the project, it shall forward to the state an amount equal to the |
|
|
state's share of the fees as provided by the vendor's contract with |
|
|
the department. |
|
|
SECTION 7.0052. Section 2205.043(b), Government Code, is |
|
|
amended to correct a reference to read as follows: |
|
|
(b) The board shall adopt rules, consistent with federal |
|
|
regulations and Section 3101.001 [Article 6139f, Revised
|
|
|
Statutes], governing the color, size, and location of marks of |
|
|
identification required by this section. |
|
|
SECTION 7.006. Section 2262.051(a), Government Code, as |
|
|
amended by Chapters 309 and 785, Acts of the 78th Legislature, |
|
|
Regular Session, 2003, is reenacted to read as follows: |
|
|
(a) In consultation with the attorney general, the |
|
|
Department of Information Resources, the comptroller, and the state |
|
|
auditor, the commission shall develop or periodically update a |
|
|
contract management guide for use by state agencies. Participation |
|
|
by the state auditor under this subsection is subject to approval by |
|
|
the legislative audit committee for inclusion in the audit plan |
|
|
under Section 321.013(c). |
|
|
PART B. UPDATE OF COURT FEES |
|
|
SECTION 7.101. The heading to Section 101.021, Government |
|
|
Code, is amended to read as follows: |
|
|
Sec. 101.021. SUPREME COURT FEES AND COSTS: GOVERNMENT |
|
|
CODE. |
|
|
SECTION 7.102. The heading to Section 101.041, Government |
|
|
Code, is amended to read as follows: |
|
|
Sec. 101.041. COURT OF APPEALS FEES AND COSTS: GOVERNMENT |
|
|
CODE. |
|
|
SECTION 7.103. (a) Subchapter D, Chapter 101, Government |
|
|
Code, is amended by amending Section 101.061 and adding Sections |
|
|
101.0611 through 101.0617 to read as follows: |
|
|
Sec. 101.061. DISTRICT COURT FEES AND COSTS: CIVIL PRACTICE |
|
|
AND REMEDIES CODE. The clerk of a district court shall collect |
|
|
fees and costs under the Civil Practice and Remedies Code as |
|
|
follows: |
|
|
(1) filing fee in action with respect to a fraudulent |
|
|
court record or fraudulent lien or claim filed against property |
|
|
(Sec. 12.005, Civil Practice and Remedies Code) . . . $15; |
|
|
(2) fee for service of notice of action with respect to |
|
|
a fraudulent court record or fraudulent lien or claim filed against |
|
|
property (Sec. 12.005, Civil Practice and Remedies Code) . . . not |
|
|
to exceed $20, if notice delivered in person, or the cost of |
|
|
postage, if service is by registered or certified mail; |
|
|
(3) court cost in certain civil cases to establish and |
|
|
maintain an alternative dispute resolution system, if authorized by |
|
|
the county commissioners court (Sec. 152.004, Civil Practice and |
|
|
Remedies Code) . . . not to exceed $15 [$10]; |
|
|
(4) court fees and costs, if ordered by the court, for |
|
|
a suit filed by an inmate in which an affidavit or unsworn |
|
|
declaration of inability to pay costs is filed by the inmate (Sec. |
|
|
14.006, Civil Practice and Remedies Code) . . . the lesser of: |
|
|
(A) 20 percent of the preceding six months' |
|
|
deposits to the inmate's trust account administered by the Texas |
|
|
Department of Criminal Justice under Section 501.014, Government |
|
|
Code; or |
|
|
(B) the total amount of court fees and costs; |
|
|
(5) monthly payment for remaining court fees and costs |
|
|
after the initial payment for a suit in which an affidavit or |
|
|
unsworn declaration of inability to pay costs is filed by the inmate |
|
|
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser |
|
|
of: |
|
|
(A) 10 percent of that month's deposit to the |
|
|
inmate's trust account administered by the Texas Department of |
|
|
Criminal Justice under Section 501.014, Government Code; or |
|
|
(B) the total amount of court fees and costs that |
|
|
remain unpaid; and |
|
|
(6) the following costs not otherwise charged to the |
|
|
inmate under Section 14.006, Civil Practice and Remedies Code, if |
|
|
the inmate has previously filed an action dismissed as malicious or |
|
|
frivolous (Sec. 14.007, Civil Practice and Remedies Code): |
|
|
(A) expenses of service of process; |
|
|
(B) postage; and |
|
|
(C) transportation, housing, or medical care |
|
|
incurred in connection with the appearance of the inmate in the |
|
|
court for any proceeding. |
|
|
Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT |
|
|
CODE. The clerk of a district court shall collect fees and costs |
|
|
under the Government Code as follows: |
|
|
(1) appellate judicial system filing fees for: |
|
|
(A) First or Fourteenth Court of Appeals District |
|
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
|
(B) Second Court of Appeals District (Sec. |
|
|
22.2031, Government Code) . . . not more than $5; |
|
|
(C) Third Court of Appeals District (Sec. |
|
|
22.2041, Government Code) . . . $5; |
|
|
(D) Fourth Court of Appeals District (Sec. |
|
|
22.2051, Government Code) . . . not more than $5; |
|
|
(E) [(D)] Fifth Court of Appeals District (Sec. |
|
|
22.2061, Government Code) . . . not more than $5; |
|
|
(F) Eleventh Court of Appeals District (Sec. |
|
|
22.2121, Government Code) . . . $5; and |
|
|
(G) [(E)] Thirteenth Court of Appeals District |
|
|
(Sec. 22.2141, Government Code) . . . not more than $5; |
|
|
(2) when administering a case for the Rockwall County |
|
|
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and |
|
|
court costs as if the case had been filed in district court; |
|
|
(3) [(5)] additional filing fees: |
|
|
(A) for each suit filed for insurance contingency |
|
|
fund, if authorized by the county commissioners court (Sec. 51.302, |
|
|
Government Code) . . . not to exceed $5; and |
|
|
(B) [for each civil suit filed, for court-related
|
|
|
purposes for the support of the judiciary and for civil legal
|
|
|
services to an indigent:
|
|
|
[(i)
for family law cases and proceedings
|
|
|
as defined by Section 25.0002, Government Code (Sec. 133.151, Local
|
|
|
Government Code) .
.
.
$45; or
|
|
|
[(ii)
for any case other than a case
|
|
|
described by Subparagraph (i) (Sec. 133.151, Local Government Code)
|
|
|
.
.
. $50;
|
|
|
[(C)] to fund the improvement of Dallas County |
|
|
civil court facilities, if authorized by the county commissioners |
|
|
court (Sec. 51.705, Government Code) . . . not more than $15; [and
|
|
|
[(D)
on the filing of any civil action or
|
|
|
proceeding requiring a filing fee, including an appeal, and on the
|
|
|
filing of any counterclaim, cross-action, intervention,
|
|
|
interpleader, or third-party action requiring a filing fee, to fund
|
|
|
civil legal services for the indigent:
|
|
|
[(i)
for family law cases and proceedings
|
|
|
as defined by Section 25.0002, Government Code (Sec. 133.152, Local
|
|
|
Government Code) .
.
. $5; or
|
|
|
[(ii)
for any case other than a case
|
|
|
described by Subparagraph (i) (Sec. 133.152, Local Government Code)
|
|
|
.
.
. $10;] |
|
|
(4) [(6)] for filing a suit, including an appeal from |
|
|
an inferior court: |
|
|
(A) for a suit with 10 or fewer plaintiffs (Sec. |
|
|
51.317, Government Code) . . . $50; |
|
|
(B) for a suit with at least 11 but not more than |
|
|
25 plaintiffs (Sec. 51.317, Government Code) . . . $75; |
|
|
(C) for a suit with at least 26 but not more than |
|
|
100 plaintiffs (Sec. 51.317, Government Code) . . . $100; |
|
|
(D) for a suit with at least 101 but not more than |
|
|
500 plaintiffs (Sec. 51.317, Government Code) . . . $125; |
|
|
(E) for a suit with at least 501 but not more than |
|
|
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or |
|
|
(F) for a suit with more than 1,000 plaintiffs |
|
|
(Sec. 51.317, Government Code) . . . $200; |
|
|
(5) [(7)] for filing a cross-action, counterclaim, |
|
|
intervention, contempt action, motion for new trial, or third-party |
|
|
petition (Sec. 51.317, Government Code) . . . $15; |
|
|
(6) [(8)] for issuing a citation or other writ or |
|
|
process not otherwise provided for, including one copy, when |
|
|
requested at the time a suit or action is filed (Sec. 51.317, |
|
|
Government Code) . . . $8; |
|
|
(7) [(9)] for records management and preservation |
|
|
(Sec. 51.317, Government Code) . . . $10; |
|
|
(8) [(10)] for issuing a subpoena, including one copy |
|
|
(Sec. 51.318, Government Code) . . . $8; |
|
|
(9) [(11)] for issuing a citation, commission for |
|
|
deposition, writ of execution, order of sale, writ of execution and |
|
|
order of sale, writ of injunction, writ of garnishment, writ of |
|
|
attachment, or writ of sequestration not provided for in Section |
|
|
51.317, or any other writ or process not otherwise provided for, |
|
|
including one copy if required by law (Sec. 51.318, Government |
|
|
Code) . . . $8; |
|
|
(10) [(12)] for searching files or records to locate a |
|
|
cause when the docket number is not provided (Sec. 51.318, |
|
|
Government Code) . . . $5; |
|
|
(11) [(13)] for searching files or records to |
|
|
ascertain the existence of an instrument or record in the district |
|
|
clerk's office (Sec. 51.318, Government Code) . . . $5; |
|
|
(12) [(14)] for abstracting a judgment (Sec. 51.318, |
|
|
Government Code) . . . $8; |
|
|
(13) [(15)] for approving a bond (Sec. 51.318, |
|
|
Government Code) . . . $4; |
|
|
(14) [(16)] for a certified copy of a record, |
|
|
judgment, order, pleading, or paper on file or of record in the |
|
|
district clerk's office, including certificate and seal, for each |
|
|
page or part of a page (Sec. 51.318, Government Code) . . . $1; |
|
|
(15) [(17)] for a noncertified copy, for each page or |
|
|
part of a page (Sec. 51.318, Government Code) . . . not to exceed |
|
|
$1; |
|
|
(16) fee for performing a service: |
|
|
(A) related to the matter of the estate of a |
|
|
deceased person (Sec. 51.319, Government Code) . . . the same fee |
|
|
allowed the county clerk for those services; |
|
|
(B) related to the matter of a minor (Sec. |
|
|
51.319, Government Code) . . . the same fee allowed the county |
|
|
clerk for the service; |
|
|
(C) of serving process by certified or registered |
|
|
mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or |
|
|
constable is authorized to charge for the service under Section |
|
|
118.131, Local Government Code; and |
|
|
(D) prescribed or authorized by law but for which |
|
|
no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee; |
|
|
(17) [(18)] jury fee (Sec. 51.604, Government Code) |
|
|
. . . $30; |
|
|
(18) additional filing fee for family protection on |
|
|
filing a suit for dissolution of a marriage under Chapter 6, Family |
|
|
Code, if authorized by the county commissioners court (Sec. 51.961, |
|
|
Government Code) . . . not to exceed $30; |
|
|
(19) at a hearing held by an associate judge in Dallas |
|
|
County, a court cost to preserve the record, in the absence of a |
|
|
court reporter, by other means (Sec. 54.509, Government Code) . . . |
|
|
as assessed by the referring court or associate judge; and |
|
|
(20) at a hearing held by an associate judge in Duval |
|
|
County, a court cost to preserve the record (Sec. 54.1151, |
|
|
Government Code) . . . as imposed by the referring court or |
|
|
associate judge. |
|
|
Sec. 101.0612. DISTRICT COURT FEES AND COSTS: HEALTH AND |
|
|
SAFETY CODE. The clerk of a district court shall collect for filing |
|
|
a report of divorce or annulment a fee of $1 under Section |
|
|
[(Sec.]194.002, Health and Safety Code.[) . . . $1;] |
|
|
Sec. 101.0613. DISTRICT COURT FEES AND COSTS: HUMAN |
|
|
RESOURCES CODE. The clerk of a district court shall collect fees |
|
|
and costs under the Human Resources Code as follows: |
|
|
(1) [(20)] for filing a suit in Comal County (Sec. |
|
|
152.0522, Human Resources Code) . . . $4; |
|
|
(2) [(21)
additional filing fee for family protection
|
|
|
on filing a suit for dissolution of a marriage under Chapter 6,
|
|
|
Family Code, if authorized by the county commissioners court (Sec.
|
|
|
51.961, Government Code) .
.
. not to exceed $30;
|
|
|
[(22)] fee on filing a suit for dissolution of a |
|
|
marriage for services of child support department in Harris County, |
|
|
if authorized by the county commissioners court (Sec. 152.1074, |
|
|
Human Resources Code) . . . not to exceed $12; |
|
|
(3) [(22-a)] a child support service fee in Nueces |
|
|
County if ordered by the commissioners court and assessed by the |
|
|
court (Sec. 152.1844, Human Resources Code) . . . not to exceed $5 a |
|
|
month payable annually in advance; |
|
|
(4) [(22-b)] a service fee to be paid by a person |
|
|
ordered by a district court to pay child or spousal support: |
|
|
(A) in Collin County if authorized by the |
|
|
juvenile board (Sec. 152.0492, Human Resources Code) . . . not to |
|
|
exceed $2.50 added to first support payment each month; |
|
|
(B) in Johnson County if authorized by the |
|
|
juvenile board (Sec. 152.1322, Human Resources Code) . . . $1.00 |
|
|
added to first support payment each month; and |
|
|
(C) in Montague County (Sec. 152.1752, Human |
|
|
Resources Code) . . . $1 if fee is ordered to be paid monthly, 50 |
|
|
cents if fee is ordered to be paid semimonthly or weekly; |
|
|
(5) [(22-c)] attorney's fees as an additional cost in |
|
|
Montague County on a finding of contempt of court for failure to pay |
|
|
child or spousal support if the contempt action is initiated by the |
|
|
probation department (Sec. 152.1752, Human Resources Code) . . . |
|
|
$15; |
|
|
(6) [(23)] fee on filing a suit requesting an adoption |
|
|
in Montague County (Sec. 152.1752, Human Resources Code) . . . $25; |
|
|
(7) [(24)] court cost on citation for contempt of |
|
|
court for failure to comply with child support order in Nueces |
|
|
County, if authorized by the commissioners court (Sec. 152.1844, |
|
|
Human Resources Code) . . . not to exceed $10; |
|
|
(8) [(25)] fee on filing a suit for divorce in Orange |
|
|
County (Sec. 152.1873, Human Resources Code) . . . not less than |
|
|
$5; |
|
|
(9) [(26)] court costs on citation for contempt of |
|
|
court in Orange County for failure to comply with a child support |
|
|
order or order providing for possession of or access to a child |
|
|
(Sec. 152.1873, Human Resources Code) . . . amount determined by |
|
|
district clerk; |
|
|
(10) [(27)] fee on filing a suit requesting an |
|
|
adoption in Orange County (Sec. 152.1874, Human Resources Code) |
|
|
. . . not less than $25; and |
|
|
(11) [(28)] fee on filing a suit requesting an |
|
|
adoption in Wichita County (Sec. 152.2496, Human Resources Code) |
|
|
. . . $100. |
|
|
Sec. 101.0614. DISTRICT COURT FEES AND COSTS: INSURANCE |
|
|
CODE. The clerk of a district court shall collect court costs and |
|
|
reasonable and necessary expert witness fees under Section 544.054, |
|
|
Insurance Code, which may include expert witness fees in Travis |
|
|
County in an action in which the plaintiff prevails against an |
|
|
insurer for economic damages sustained by the plaintiff as a result |
|
|
of unfair discrimination. |
|
|
Sec. 101.0615. DISTRICT COURT FEES AND COSTS: LOCAL |
|
|
GOVERNMENT CODE. The clerk of a district court shall collect fees |
|
|
and costs under the Local Government Code as follows: |
|
|
(1) additional filing fees: |
|
|
(A) for each civil suit filed, for court-related |
|
|
purposes for the support of the judiciary and for civil legal |
|
|
services to an indigent: |
|
|
(i) for family law cases and proceedings as |
|
|
defined by Section 25.0002, Government Code (Sec. 133.151, Local |
|
|
Government Code) . . . $45; or |
|
|
(ii) for any case other than a case |
|
|
described by Subparagraph (i) (Sec. 133.151, Local Government Code) |
|
|
. . . $50; |
|
|
(B) on the filing of any civil action or |
|
|
proceeding requiring a filing fee, including an appeal, and on the |
|
|
filing of any counterclaim, cross-action, intervention, |
|
|
interpleader, or third-party action requiring a filing fee, to fund |
|
|
civil legal services for the indigent: |
|
|
(i) for family law cases and proceedings as |
|
|
defined by Section 25.0002, Government Code (Sec. 133.152, Local |
|
|
Government Code) . . . $5; or |
|
|
(ii) for any case other than a case |
|
|
described by Subparagraph (i) (Sec. 133.152, Local Government Code) |
|
|
. . . $10; |
|
|
(2) [(29)] additional filing fee to fund the |
|
|
courthouse security fund, if authorized by the county commissioners |
|
|
court (Sec. 291.008, Local Government Code) . . . not to exceed $5; |
|
|
(3) [(30)] additional filing fee for filing documents |
|
|
not subject to certain filing fees to fund the courthouse security |
|
|
fund, if authorized by the county commissioners court (Sec. |
|
|
291.008, Local Government Code) . . . $1; |
|
|
(4) [(31)] additional filing fee to fund the |
|
|
courthouse security fund in Webb County, if authorized by the |
|
|
county commissioners court (Sec. 291.009, Local Government Code) |
|
|
. . . not to exceed $20; |
|
|
(5) [(32)] court cost in civil cases other than suits |
|
|
for delinquent taxes to fund the county law library fund, if |
|
|
authorized by the county commissioners court (Sec. 323.023, Local |
|
|
Government Code) . . . not to exceed $35; and |
|
|
(6) on the filing of a civil suit, an additional filing |
|
|
fee to be used for court-related purposes for the support of the |
|
|
judiciary (Sec. 133.154, Local Government Code) . . . $37. |
|
|
Sec. 101.0616. DISTRICT COURT FEES AND COSTS: TEXAS |
|
|
PROBATE CODE. The clerk of a district court shall collect fees and |
|
|
costs under the Texas Probate Code as follows: |
|
|
(1) [(33)
when administering a case for the Rockwall
|
|
|
County Court at Law (Sec. 25.2012, Government Code) .
.
. civil
|
|
|
fees and court costs as if the case had been filed in district
|
|
|
court;
|
|
|
[(34)
at a hearing held by an associate judge in Dallas
|
|
|
County, a court cost to preserve the record, in the absence of a
|
|
|
court reporter, by other means (Sec. 54.509, Government Code) .
.
.
|
|
|
as assessed by the referring court or associate judge;
|
|
|
[(35)
at a hearing held by an associate judge in Duval
|
|
|
County, a court cost to preserve the record (Sec. 54.1151,
|
|
|
Government Code, as added by Chapter 1150, Acts of the 78th
|
|
|
Legislature, Regular Session, 2003)
.
.
.
as imposed by the
|
|
|
referring court or associate judge;
|
|
|
[(36)
court fees and costs, if ordered by the court,
|
|
|
for a suit filed by an inmate in which an affidavit or unsworn
|
|
|
declaration of inability to pay costs is filed by the inmate (Sec.
|
|
|
14.006, Civil Practice and Remedies Code)
.
.
.
the lesser of:
|
|
|
[(A)
20 percent of the preceding six months'
|
|
|
deposits to the inmate's trust account administered by the Texas
|
|
|
Department of Criminal Justice under Section 501.014, Government
|
|
|
Code; or
|
|
|
[(B) the total amount of court fees and costs;
|
|
|
[(37)
monthly payment for remaining court fees and
|
|
|
costs after the initial payment for a suit in which an affidavit or
|
|
|
unsworn declaration of inability to pay costs is filed by the inmate
|
|
|
(Sec. 14.006, Civil Practice and Remedies Code)
.
.
.
the lesser
|
|
|
of:
|
|
|
[(A)
10 percent of that month's deposit to the
|
|
|
inmate's trust account administered by the Texas Department of
|
|
|
Criminal Justice under Section 501.014, Government Code; or
|
|
|
[(B)
the total amount of court fees and costs
|
|
|
that remain unpaid;
|
|
|
[(38)
the following costs not otherwise charged to the
|
|
|
inmate under Section 14.006, Civil Practice and Remedies Code, if
|
|
|
the inmate has previously filed an action dismissed as malicious or
|
|
|
frivolous (Sec. 14.007, Civil Practice and Remedies Code):
|
|
|
[(A) expenses of service of process;
|
|
|
[(B) postage; and
|
|
|
[(C)
transportation, housing, or medical care
|
|
|
incurred in connection with the appearance of the inmate in the
|
|
|
court for any proceeding;
|
|
|
[(39) fee for performing a service:
|
|
|
[(A)
related to the matter of the estate of a
|
|
|
deceased person (Sec. 51.319, Government Code)
.
.
. the same fee
|
|
|
allowed the county clerk for those services;
|
|
|
[(B)
related to the matter of a minor (Sec.
|
|
|
51.319, Government Code)
.
.
. the same fee allowed the county
|
|
|
clerk for the service;
|
|
|
[(C)
of serving process by certified or
|
|
|
registered mail (Sec. 51.319, Government Code) .
.
. the same fee a
|
|
|
sheriff or constable is authorized to charge for the service under
|
|
|
Section 118.131, Local Government Code; and
|
|
|
[(D)
prescribed or authorized by law but for
|
|
|
which no fee is set (Sec. 51.319, Government Code)
.
.
. a
|
|
|
reasonable fee;
|
|
|
[(40)
court costs, which may include expert witness
|
|
|
fees in Travis County in an action in which the plaintiff prevails
|
|
|
against an insurer for economic damages sustained by the plaintiff
|
|
|
as a result of unfair discrimination (Sec. 544.054, Insurance
|
|
|
Code)
.
.
. court costs and reasonable and necessary expert witness
|
|
|
fees;
|
|
|
[(41)] security deposit on filing, by any person other |
|
|
than the personal representative of an estate, an application, |
|
|
complaint, or opposition in relation to the estate, if required by |
|
|
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the |
|
|
proceeding; and |
|
|
(2) [(42)] security deposit on filing, by any person |
|
|
other than the guardian, attorney ad litem, or guardian ad litem, an |
|
|
application, complaint, or opposition in relation to a guardianship |
|
|
matter, if required by the clerk (Sec. 622, Texas Probate |
|
|
Code) . . . probable cost of the guardianship proceeding.[; and] |
|
|
Sec. 101.0617. DISTRICT COURT FEES AND COSTS: TAX CODE. |
|
|
The clerk of a district court shall collect a [(43)] fee of $5 |
|
|
under Section 42.221, Tax Code, for filing an additional petition |
|
|
for review of an appraisal review board order relating to certain |
|
|
regulated property running through or operating in more than one |
|
|
county after the first petition for review relating to the same |
|
|
property is filed for a tax year [(Sec. 42.221, Tax Code) . . . $5]. |
|
|
(b) Section 101.062, Government Code, is repealed. |
|
|
SECTION 7.104. (a) Subchapter E, Chapter 101, Government |
|
|
Code, is amended by amending Section 101.081 and adding Sections |
|
|
101.0811 through 101.0817 to read as follows: |
|
|
Sec. 101.081. STATUTORY COUNTY COURT FEES AND COSTS: CIVIL |
|
|
PRACTICE AND REMEDIES CODE. The clerk of a statutory county court |
|
|
shall collect fees and costs under the Civil Practice and Remedies |
|
|
Code as follows: |
|
|
(1) court cost in certain civil cases to establish and |
|
|
maintain an alternative dispute resolution system, if authorized by |
|
|
the county commissioners court (Sec. 152.004, Civil Practice and |
|
|
Remedies Code) . . . not to exceed $15 [$10]; |
|
|
(2) court fees and costs, if ordered by the court, for |
|
|
a suit filed by an inmate in which an affidavit or unsworn |
|
|
declaration of inability to pay costs is filed by the inmate (Sec. |
|
|
14.006, Civil Practice and Remedies Code) . . . the lesser of: |
|
|
(A) 20 percent of the preceding six months' |
|
|
deposits to the inmate's trust account administered by the Texas |
|
|
Department of Criminal Justice under Section 501.014, Government |
|
|
Code; or |
|
|
(B) the total amount of court fees and costs; |
|
|
(3) monthly payment for remaining court fees and costs |
|
|
after the initial payment for a suit in which an affidavit or |
|
|
unsworn declaration of inability to pay costs is filed by the inmate |
|
|
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser |
|
|
of: |
|
|
(A) 10 percent of that month's deposit to the |
|
|
inmate's trust account administered by the Texas Department of |
|
|
Criminal Justice under Section 501.014, Government Code; or |
|
|
(B) the total amount of court fees and costs that |
|
|
remain unpaid; and |
|
|
(4) the following costs not otherwise charged to the |
|
|
inmate under Section 14.006, Civil Practice and Remedies Code, if |
|
|
the inmate has previously filed an action dismissed as malicious or |
|
|
frivolous (Sec. 14.007, Civil Practice and Remedies Code): |
|
|
(A) expenses of service of process; |
|
|
(B) postage; and |
|
|
(C) transportation, housing, or medical care |
|
|
incurred in connection with the appearance of the inmate in the |
|
|
court for any proceeding. |
|
|
Sec. 101.0811. STATUTORY COUNTY COURT FEES AND COSTS: |
|
|
GOVERNMENT CODE. The clerk of a statutory county court shall |
|
|
collect fees and costs under the Government Code as follows: |
|
|
(1) [(2)] appellate judicial system filing fees: |
|
|
(A) First or Fourteenth Court of Appeals District |
|
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
|
(B) Second Court of Appeals District (Sec. |
|
|
22.2031, Government Code) . . . not more than $5; |
|
|
(C) Third Court of Appeals District (Sec. |
|
|
22.2041, Government Code) . . . $5; |
|
|
(D) Fourth Court of Appeals District (Sec. |
|
|
22.2051, Government Code) . . . not more than $5; |
|
|
(E) [(D)] Fifth Court of Appeals District (Sec. |
|
|
22.2061, Government Code) . . . not more than $5; |
|
|
(F) Eleventh Court of Appeals District (Sec. |
|
|
22.2121, Government Code) . . . $5; and |
|
|
(G) [(E)] Thirteenth Court of Appeals District |
|
|
(Sec. 22.2141, Government Code) . . . not more than $5; |
|
|
(2) [(3)] an official court reporter fee, County Court |
|
|
at Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . |
|
|
$3; |
|
|
(3) in Brazoria County, in matters of concurrent |
|
|
jurisdiction with the district court, fees (Sec. 25.0222, |
|
|
Government Code) . . . as prescribed by law for district judges |
|
|
according to the nature of the matter; |
|
|
(4) a court reporter fee when testimony is taken in a |
|
|
county court at law in McLennan County (Sec. 25.1572, Government |
|
|
Code) . . . $3; |
|
|
(5) a stenographer fee, if a record or part of a record |
|
|
is made: |
|
|
(A) in a county court at law in Hidalgo County |
|
|
(Sec. 25.1102, Government Code) . . . $20; and |
|
|
(B) in a county court at law in Nolan County (Sec. |
|
|
25.1792, Government Code) . . . $25; |
|
|
(6) jury fee (Sec. 51.604, Government Code) . . . $22; |
|
|
(7) an additional filing fee: |
|
|
(A) for each civil case filed to be used for |
|
|
court-related purposes for the support of the judiciary, if |
|
|
authorized by the county commissioners court (Sec. 51.702, |
|
|
Government Code) . . . $40; and |
|
|
(B) to fund the improvement of Dallas County |
|
|
civil court facilities, if authorized by the county commissioners |
|
|
court (Sec. 51.705, Government Code) . . . not more than $15[; and
|
|
|
[(C)
for filing any civil action or proceeding
|
|
|
requiring a filing fee, including an appeal, and on the filing of
|
|
|
any counterclaim, cross-action, intervention, interpleader, or
|
|
|
third-party action requiring a filing fee, to fund civil legal
|
|
|
services for the indigent (Sec. 133.153, Local Government Code)
|
|
|
.
.
. $5]; |
|
|
(8) the official court reporter's fee taxed as costs in |
|
|
civil actions in a statutory county court: |
|
|
(A) in Bexar County Courts at Law: |
|
|
(i) Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 |
|
|
(Sec. 25.0172, Government Code) . . . taxed in the same manner as |
|
|
the fee is taxed in district court; and |
|
|
(ii) No. 2 (Sec. 25.0172, Government Code) |
|
|
. . . $3; |
|
|
(B) in Galveston County (Sec. 25.0862, |
|
|
Government Code) . . . taxed in the same manner as the fee is taxed |
|
|
in civil cases in the district courts; and |
|
|
(C) in Parker County (Sec. 25.1862, Government |
|
|
Code) . . . taxed in the same manner as the fee is taxed in civil |
|
|
cases in the district courts; |
|
|
(9) a stenographer's fee as costs in each civil, |
|
|
criminal, and probate case in which a record is made by the official |
|
|
court reporter in a statutory county court in Nolan County (Sec. |
|
|
25.1792, Government Code) . . . $25; |
|
|
(10) in Nueces County, in matters of concurrent |
|
|
jurisdiction with the district court, with certain exceptions, fees |
|
|
(Sec. 25.1802, Government Code) . . . equal to those in district |
|
|
court cases; and |
|
|
(11) a fee not otherwise listed in this subchapter |
|
|
that is required to be collected under Section 25.0008, Government |
|
|
Code, in a county other than Brazos, Cameron, Ellis, Guadalupe, |
|
|
Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr, |
|
|
Victoria, and Williamson . . . as prescribed by law relating to |
|
|
county judges' fees. |
|
|
Sec. 101.0812. STATUTORY COUNTY COURT FEES AND COSTS: |
|
|
HEALTH AND SAFETY CODE. The clerk of a statutory county court |
|
|
shall collect fees and costs under the Health and Safety Code as |
|
|
follows: |
|
|
(1) [(8)] for filing an application for registration |
|
|
of death (Sec. 193.007, Health and Safety Code) . . . $1; |
|
|
(2) [(9)] fee for judge's services on an application |
|
|
for court-ordered mental health services (Sec. 574.031, Health and |
|
|
Safety Code) . . . not to exceed $50; |
|
|
(3) [(10)] fee for prosecutor's services on an |
|
|
application for court-ordered mental health services (Sec. |
|
|
574.031, Health and Safety Code) . . . not to exceed $50; |
|
|
(4) for a hearing or proceeding under the Texas Mental |
|
|
Health Code (Subtitle C, Title 7, Health and Safety Code) as costs |
|
|
(Secs. 571.017 and 571.018, Health and Safety Code) . . . |
|
|
reasonable compensation to the following persons appointed under |
|
|
the Texas Mental Health Code: |
|
|
(A) attorneys; |
|
|
(B) physicians; |
|
|
(C) language interpreters; |
|
|
(D) sign interpreters; and |
|
|
(E) masters; |
|
|
(5) for a hearing or proceeding under the Texas Mental |
|
|
Health Code (Subtitle C, Title 7, Health and Safety Code) as costs |
|
|
(Sec. 571.018, Health and Safety Code): |
|
|
(A) attorney's fees; |
|
|
(B) physician examination fees; |
|
|
(C) expense of transportation to a mental health |
|
|
facility or to a federal agency not to exceed $50 if transporting |
|
|
within the same county and not to exceed the reasonable cost of |
|
|
transportation if transporting between counties; |
|
|
(D) costs and salary supplements authorized |
|
|
under Section 574.031, Health and Safety Code; and |
|
|
(E) prosecutors' fees authorized under Section |
|
|
574.031, Health and Safety Code; |
|
|
(6) expenses of transporting certain patients from the |
|
|
county of treatment to a hearing in the county in which the |
|
|
proceedings originated (Sec. 574.008, Health and Safety Code) . . . |
|
|
actual expenses unless certain arrangements are made to hold the |
|
|
hearing in the county in which the patient is receiving services; |
|
|
(7) expenses for expert witness testimony for an |
|
|
indigent patient (Sec. 574.010, Health and Safety Code) . . . if |
|
|
authorized by the court as reimbursement to the attorney ad litem, |
|
|
court-approved expenses; |
|
|
(8) fee for judge's services for holding a hearing on |
|
|
an application for court-ordered mental health services (Sec. |
|
|
574.031, Health and Safety Code) . . . as assessed by the judge, not |
|
|
to exceed $50; |
|
|
(9) expenses to reimburse judge for holding a hearing |
|
|
in a hospital or location other than the county courthouse (Sec. |
|
|
574.031, Health and Safety Code) . . . reasonable and necessary |
|
|
expenses as certified; and |
|
|
(10) fee for services of a prosecuting attorney, |
|
|
including costs incurred for preparation of documents related to a |
|
|
hearing on an application for court-ordered mental health services |
|
|
(Sec. 574.031, Health and Safety Code) . . . as assessed by the |
|
|
judge, not to exceed $50. |
|
|
Sec. 101.0813. STATUTORY COUNTY COURT FEES AND COSTS: HUMAN |
|
|
RESOURCES CODE. The clerk of a statutory county court shall |
|
|
collect [(11)] for filing a suit in Comal County a fee of $4 under |
|
|
Section [(Sec.] 152.0522, Human Resources Code.[) . . . $4;] |
|
|
Sec. 101.0814. STATUTORY COUNTY COURT FEES AND COSTS: LOCAL |
|
|
GOVERNMENT CODE. The clerk of a statutory county court shall |
|
|
collect fees and costs under the Local Government Code as follows: |
|
|
(1) [(12)] additional filing fee to fund contingency |
|
|
fund for liability insurance, if authorized by the county |
|
|
commissioners court (Sec. 82.003, Local Government Code) . . . not |
|
|
to exceed $5; |
|
|
(2) [(13)] civil court actions (Sec. 118.052, Local |
|
|
Government Code): |
|
|
(A) filing of original action (Secs. 118.052 and |
|
|
118.053, Local Government Code): |
|
|
(i) garnishment after judgment (Sec. |
|
|
118.052, Local Government Code) . . . $15; and |
|
|
(ii) all others (Sec. 118.052, Local |
|
|
Government Code) . . . $40; |
|
|
(B) filing of action other than original (Secs. |
|
|
118.052 and 118.054, Local Government Code) . . . $30; and |
|
|
(C) services rendered after judgment in original |
|
|
action (Secs. 118.052 and 118.0545, Local Government Code): |
|
|
(i) abstract of judgment (Sec. 118.052, |
|
|
Local Government Code) . . . $5; and |
|
|
(ii) execution, order of sale, writ, or |
|
|
other process (Sec. 118.052, Local Government Code) . . . $5; |
|
|
(3) [(14)] probate court actions (Sec. 118.052, Local |
|
|
Government Code): |
|
|
(A) probate original action (Secs. 118.052 and |
|
|
118.055, Local Government Code): |
|
|
(i) probate of a will with independent |
|
|
executor, administration with will attached, administration of an |
|
|
estate, guardianship or receivership of an estate, or muniment of |
|
|
title (Sec. 118.052, Local Government Code) . . . $40; |
|
|
(ii) community survivors (Sec. 118.052, |
|
|
Local Government Code) . . . $40; |
|
|
(iii) small estates (Sec. 118.052, Local |
|
|
Government Code) . . . $40; |
|
|
(iv) declarations of heirship (Sec. |
|
|
118.052, Local Government Code) . . . $40; |
|
|
(v) mental health or chemical dependency |
|
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
|
(vi) additional, special fee (Secs. 118.052 |
|
|
and 118.064, Local Government Code) . . . $5; |
|
|
(B) services in pending probate action (Secs. |
|
|
118.052 and 118.056, Local Government Code): |
|
|
(i) filing an inventory and appraisement |
|
|
after the 120th day after the date of the initial filing of the |
|
|
action (Sec. 118.052, Local Government Code) . . . $25; |
|
|
(ii) approving and recording bond (Sec. |
|
|
118.052, Local Government Code) . . . $3; |
|
|
(iii) administering oath (Sec. 118.052, |
|
|
Local Government Code) . . . $2; |
|
|
(iv) filing annual or final account of |
|
|
estate (Sec. 118.052, Local Government Code) . . . $25; |
|
|
(v) filing application for sale of real or |
|
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
|
(vi) filing annual or final report of |
|
|
guardian of a person (Sec. 118.052, Local Government Code) . . . |
|
|
$10; and |
|
|
(vii) filing a document not listed under |
|
|
this paragraph after the filing of an order approving the inventory |
|
|
and appraisement or after the 120th day after the date of the |
|
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
|
and 191.007, Local Government Code), if more than 25 pages . . . |
|
|
$25; |
|
|
(C) adverse probate action (Secs. 118.052 and |
|
|
118.057, Local Government Code) . . . $40; and |
|
|
(D) claim against estate (Secs. 118.052 and |
|
|
118.058, Local Government Code) . . . $2; |
|
|
(4) [(15)] other fees (Sec. 118.052, Local Government |
|
|
Code): |
|
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
|
Local Government Code): |
|
|
(i) original document and one copy (Sec. |
|
|
118.052, Local Government Code) . . . $4; and |
|
|
(ii) each additional set of an original and |
|
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
|
Local Government Code): |
|
|
(i) for the clerk's certificate (Sec. |
|
|
118.052, Local Government Code) . . . $5; and |
|
|
(ii) a fee per page or part of a page (Sec. |
|
|
118.052, Local Government Code) . . . $1; |
|
|
(C) noncertified papers, for each page or part of |
|
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
|
$1; |
|
|
(D) letters testamentary, letter of |
|
|
guardianship, letter of administration, or abstract of judgment |
|
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
|
(E) safekeeping of wills (Secs. 118.052 and |
|
|
118.062, Local Government Code) . . . $5; |
|
|
(F) mail service of process (Secs. 118.052 and |
|
|
118.063, Local Government Code) . . . same as sheriff; and |
|
|
(G) records management and preservation fee |
|
|
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code) |
|
|
. . . $5; |
|
|
(5) additional filing fee for filing any civil action |
|
|
or proceeding requiring a filing fee, including an appeal, and on |
|
|
the filing of any counterclaim, cross-action, intervention, |
|
|
interpleader, or third-party action requiring a filing fee, to fund |
|
|
civil legal services for the indigent (Sec. 133.153, Local |
|
|
Government Code) . . . $5; |
|
|
(6) on the filing of a civil suit, an additional filing |
|
|
fee to be used for court-related purposes for the support of the |
|
|
judiciary (Sec. 133.154, Local Government Code) . . . $37; |
|
|
(7) [(16)] additional filing fee to fund the |
|
|
courthouse security fund, if authorized by the county commissioners |
|
|
court (Sec. 291.008, Local Government Code) . . . not to exceed $5; |
|
|
(8) [(17)] additional filing fee for filing documents |
|
|
not subject to certain filing fees to fund the courthouse security |
|
|
fund, if authorized by the county commissioners court (Sec. |
|
|
291.008, Local Government Code) . . . $1; |
|
|
(9) [(18)] additional filing fee to fund the |
|
|
courthouse security fund in Webb County, if authorized by the |
|
|
county commissioners court (Sec. 291.009, Local Government Code) |
|
|
. . . not to exceed $20; and |
|
|
(10) [(19)] court cost in civil cases other than suits |
|
|
for delinquent taxes to fund the county law library fund, if |
|
|
authorized by the county commissioners court (Sec. 323.023, Local |
|
|
Government Code) . . . not to exceed $35. [;] |
|
|
Sec. 101.0815. STATUTORY COUNTY COURT FEES AND COSTS: TEXAS |
|
|
PROBATE CODE. The clerk of a statutory county court shall collect |
|
|
fees and costs under the Texas Probate Code as follows: |
|
|
(1) [(20)] fee for deposit of a will with the county |
|
|
clerk during testator's lifetime (Sec. 71, Texas Probate Code) |
|
|
. . . $3; |
|
|
(2) security deposit on filing, by any person other |
|
|
than the personal representative of an estate, an application, |
|
|
complaint, or opposition in relation to the estate, if required by |
|
|
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the |
|
|
proceeding; and |
|
|
(3) security deposit on filing, by any person other |
|
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
|
application, complaint, or opposition in relation to a guardianship |
|
|
matter, if required by the clerk (Sec. 622, Texas Probate Code) |
|
|
. . . probable cost of the guardianship proceeding. |
|
|
Sec. 101.0816. STATUTORY COUNTY COURT FEES AND COSTS: |
|
|
PROPERTY CODE. The clerk of a statutory county court shall collect |
|
|
a [(21)] court cost in the amount of $10 or more, as taxed by the |
|
|
court under Section 21.047, Property Code, for each special |
|
|
commissioner in an eminent domain proceeding. [(Sec. 21.047,
|
|
|
Property Code) .
.
. as taxed by the court, $10 or more;] |
|
|
Sec. 101.0817. STATUTORY COUNTY COURT FEES AND COSTS UNDER |
|
|
OTHER LAWS. The clerk of a statutory county court shall collect a |
|
|
[(22)] fee of $10 under Article 6327, Vernon's Texas Civil |
|
|
Statutes, for a county attorney in a suit regarding a railroad |
|
|
company's failure to keep roadbed and right-of-way in proper |
|
|
condition [(Art. 6327, Vernon's Texas Civil Statutes) . . . $10;
|
|
|
[(23)
court fees and costs, if ordered by the court,
|
|
|
for a suit filed by an inmate in which an affidavit or unsworn
|
|
|
declaration of inability to pay costs is filed by the inmate (Sec.
|
|
|
14.006, Civil Practice and Remedies Code) .
.
. the lesser of:
|
|
|
[(A)
20 percent of the preceding six months'
|
|
|
deposits to the inmate's trust account administered by the Texas
|
|
|
Department of Criminal Justice under Section 501.014, Government
|
|
|
Code; or
|
|
|
[(B) the total amount of court fees and costs;
|
|
|
[(24)
monthly payment for remaining court fees and
|
|
|
costs after the initial payment for a suit in which an affidavit or
|
|
|
unsworn declaration of inability to pay costs is filed by the inmate
|
|
|
(Sec. 14.006, Civil Practice and Remedies Code) .
.
. the lesser
|
|
|
of:
|
|
|
[(A)
10 percent of that month's deposit to the
|
|
|
inmate's trust account administered by the Texas Department of
|
|
|
Criminal Justice under Section 501.014, Government Code; or
|
|
|
[(B)
the total amount of court fees and costs
|
|
|
that remain unpaid;
|
|
|
[(25)
the following costs not otherwise charged to the
|
|
|
inmate under Section 14.006, Civil Practice and Remedies Code, if
|
|
|
the inmate has previously filed an action dismissed as malicious or
|
|
|
frivolous (Sec. 14.007, Civil Practice and Remedies Code):
|
|
|
[(A) expenses of service of process;
|
|
|
[(B) postage; and
|
|
|
[(C)
transportation, housing, or medical care
|
|
|
incurred in connection with the appearance of the inmate in the
|
|
|
court for any proceeding;
|
|
|
[(26)
the official court reporter's fee taxed as costs
|
|
|
in civil actions in a statutory county court:
|
|
|
[(A) in Bexar County Courts at Law:
|
|
|
[(i)
Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12
|
|
|
(Sec. 25.0172, Government Code) .
.
. taxed in the same manner as
|
|
|
the fee is taxed in district court; and
|
|
|
[(ii)
No. 2 (Sec. 25.0172, Government
|
|
|
Code)
.
.
. $3;
|
|
|
[(B)
in Galveston County (Sec. 25.0862,
|
|
|
Government Code) .
.
. taxed in the same manner as the fee is taxed
|
|
|
in civil cases in the district courts; and
|
|
|
[(C)
in Parker County (Sec. 25.1862, Government
|
|
|
Code) .
.
. taxed in the same manner as the fee is taxed in civil
|
|
|
cases in the district courts;
|
|
|
[(27)
a stenographer's fee as costs in each civil,
|
|
|
criminal, and probate case in which a record is made by the official
|
|
|
court reporter in a statutory county court in Nolan County (Sec.
|
|
|
25.1792, Government Code) .
.
. $25;
|
|
|
[(28)
in Brazoria County, in matters of concurrent
|
|
|
jurisdiction with the district court, fees (Sec. 25.0222,
|
|
|
Government Code) .
.
. as prescribed by law for district judges
|
|
|
according to the nature of the matter;
|
|
|
[(29)
in Nueces County, in matters of concurrent
|
|
|
jurisdiction with the district court, with certain exceptions, fees
|
|
|
(Sec. 25.1802, Government Code) .
.
. equal to those in district
|
|
|
court cases;
|
|
|
[(30)
security deposit on filing, by any person other
|
|
|
than the personal representative of an estate, an application,
|
|
|
complaint, or opposition in relation to the estate, if required by
|
|
|
the clerk (Sec. 12, Texas Probate Code) .
.
. probable cost of the
|
|
|
proceeding;
|
|
|
[(31)
security deposit on filing, by any person other
|
|
|
than the guardian, attorney ad litem, or guardian ad litem, an
|
|
|
application, complaint, or opposition in relation to a guardianship
|
|
|
matter, if required by the clerk (Sec. 622, Texas Probate Code)
|
|
|
.
.
. probable cost of the guardianship proceeding;
|
|
|
[(32)
for a hearing or proceeding under the Texas
|
|
|
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as
|
|
|
costs (Secs. 571.017 and 571.018, Health and Safety Code) .
.
.
|
|
|
reasonable compensation to the following persons appointed under
|
|
|
the Texas Mental Health Code:
|
|
|
[(A) attorneys;
|
|
|
[(B) physicians;
|
|
|
[(C) language interpreters;
|
|
|
[(D) sign interpreters; and
|
|
|
[(E) masters;
|
|
|
[(33)
for a hearing or proceeding under the Texas
|
|
|
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as
|
|
|
costs (Sec. 571.018, Health and Safety Code):
|
|
|
[(A) attorney's fees;
|
|
|
[(B) physician examination fees;
|
|
|
[(C)
expense of transportation to a mental health
|
|
|
facility or to a federal agency not to exceed $50 if transporting
|
|
|
within the same county and not to exceed the reasonable cost of
|
|
|
transportation if transporting between counties;
|
|
|
[(D)
costs and salary supplements authorized
|
|
|
under Section 574.031, Health and Safety Code; and
|
|
|
[(E)
prosecutors' fees authorized under Section
|
|
|
574.031, Health and Safety Code;
|
|
|
[(34)
expenses of transporting certain patients from
|
|
|
the county of treatment to a hearing in the county in which the
|
|
|
proceedings originated (Sec. 574.008, Health and Safety Code) .
.
.
|
|
|
actual expenses unless certain arrangements are made to hold the
|
|
|
hearing in the county in which the patient is receiving services;
|
|
|
[(35)
expenses for expert witness testimony for an
|
|
|
indigent patient (Sec. 574.010, Health and Safety Code) .
.
. if
|
|
|
authorized by the court as reimbursement to the attorney ad litem,
|
|
|
court-approved expenses;
|
|
|
[(36)
fee for judge's services for holding a hearing on
|
|
|
an application for court-ordered mental health services (Sec.
|
|
|
574.031, Health and Safety Code) .
.
. as assessed by the judge, not
|
|
|
to exceed $50;
|
|
|
[(37)
expenses to reimburse judge for holding a
|
|
|
hearing in a hospital or location other than the county courthouse
|
|
|
(Sec. 574.031, Health and Safety Code) .
.
. reasonable and
|
|
|
necessary expenses as certified;
|
|
|
[(38)
fee for services of a prosecuting attorney,
|
|
|
including costs incurred for preparation of documents related to a
|
|
|
hearing on an application for court-ordered mental health services
|
|
|
(Sec. 574.031, Health and Safety Code) .
.
. as assessed by the
|
|
|
judge, not to exceed $50; and
|
|
|
[(39)
a fee not otherwise listed in this section that
|
|
|
is required to be collected under Section 25.0008, Government Code
|
|
|
(Sec. 25.0008, Government Code), in a county other than Brazos,
|
|
|
Cameron, Ellis, Guadalupe, Harris, Henderson, Liberty, Moore,
|
|
|
Nolan, Panola, Parker, Starr, Victoria, and Williamson
.
.
.
as
|
|
|
prescribed by law relating to county judges' fees]. |
|
|
(b) Section 101.083, Government Code, is repealed. |
|
|
SECTION 7.105. Subchapter F, Chapter 101, Government Code, |
|
|
is amended by amending Section 101.101 and adding Sections 101.1011 |
|
|
through 101.1015 to read as follows: |
|
|
Sec. 101.101. STATUTORY PROBATE COURT FEES AND COSTS: |
|
|
CIVIL PRACTICE AND REMEDIES CODE. The clerk of a statutory probate |
|
|
court shall collect a [fees and costs as follows:
|
|
|
[(1)] court cost in an amount not to exceed $15 under |
|
|
Section 152.004, Civil Practice and Remedies Code, in certain civil |
|
|
cases to establish and maintain an alternative dispute resolution |
|
|
system, if authorized by the county commissioners court. [(Sec.
|
|
|
152.004, Civil Practice and Remedies Code) .
.
. not to exceed
|
|
|
$10;] |
|
|
Sec. 101.1011. STATUTORY PROBATE COURT FEES AND COSTS: |
|
|
GOVERNMENT CODE. The clerk of a statutory probate court shall |
|
|
collect fees and costs under the Government Code as follows: |
|
|
(1) [(2)] appellate judicial system filing fees: |
|
|
(A) First or Fourteenth Court of Appeals District |
|
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
|
(B) Second Court of Appeals District (Sec. |
|
|
22.2031, Government Code) . . . not more than $5; |
|
|
(C) Third Court of Appeals District (Sec. |
|
|
22.2041, Government Code) . . . $5; |
|
|
(D) Fourth Court of Appeals District (Sec. |
|
|
22.2051, Government Code) . . . not more than $5; |
|
|
(E) [(D)] Fifth Court of Appeals District (Sec. |
|
|
22.2061, Government Code) . . . not more than $5; |
|
|
(F) Eleventh Court of Appeals District (Sec. |
|
|
22.2121, Government Code) . . . $5; and |
|
|
(G) [(E)] Thirteenth Court of Appeals District |
|
|
(Sec. 22.2141, Government Code) . . . not more than $5; |
|
|
(2) [(3)] additional filing fees as follows: |
|
|
(A) for certain cases to be used for |
|
|
court-related purposes for support of the judiciary, if authorized |
|
|
by the county commissioners court (Sec. 51.704, Government Code) |
|
|
. . . $40; and |
|
|
(B) to fund the improvement of Dallas County |
|
|
civil court facilities, if authorized by the county commissioners |
|
|
court (Sec. 51.705, Government Code) . . . not more than $15[; and
|
|
|
[(C)
for filing any civil action or proceeding
|
|
|
requiring a filing fee, including an appeal, and on the filing of
|
|
|
any counterclaim, cross-action, intervention, interpleader, or
|
|
|
third-party action requiring a filing fee to fund civil legal
|
|
|
services for the indigent (Sec. 133.153, Local Government Code)
|
|
|
.
.
. $5]; |
|
|
(3) jury fee for civil case (Sec. 51.604, Government |
|
|
Code) . . . $22; |
|
|
(4) the expense of preserving the record as a court |
|
|
cost, if imposed on a party by the referring court or associate |
|
|
judge (Sec. 54.612, Government Code) . . . actual cost; and |
|
|
(5) a fee not otherwise listed in this subchapter that |
|
|
is required to be collected under Section 25.0029, Government Code |
|
|
(Sec. 25.0029, Government Code) . . . as prescribed by law relating |
|
|
to county judges' fees. |
|
|
Sec. 101.1012. STATUTORY PROBATE COURT FEES AND COSTS: |
|
|
HEALTH AND SAFETY CODE. The clerk of a statutory probate court |
|
|
shall collect fees and costs under the Health and Safety Code as |
|
|
follows: |
|
|
(1) [(4)] for filing an application for registration |
|
|
of death (Sec. 193.007, Health and Safety Code) . . . $1; |
|
|
(2) [(5)] fee for judge's services on an application |
|
|
for court-ordered mental health services (Sec. 574.031, Health and |
|
|
Safety Code) . . . not to exceed $50; |
|
|
(3) [(6)] fee for prosecutor's services on an |
|
|
application for court-ordered mental health services (Sec. |
|
|
574.031, Health and Safety Code) . . . not to exceed $50; |
|
|
(4) for a hearing or proceeding under the Texas Mental |
|
|
Health Code (Subtitle C, Title 7, Health and Safety Code) as costs |
|
|
(Secs. 571.017 and 571.018, Health and Safety Code) . . . |
|
|
reasonable compensation to the following persons appointed under |
|
|
the Texas Mental Health Code: |
|
|
(A) attorneys; |
|
|
(B) physicians; |
|
|
(C) language interpreters; |
|
|
(D) sign interpreters; and |
|
|
(E) masters; |
|
|
(5) for a hearing or proceeding under the Texas Mental |
|
|
Health Code (Subtitle C, Title 7, Health and Safety Code) as costs |
|
|
(Sec. 571.018, Health and Safety Code): |
|
|
(A) attorney's fees; |
|
|
(B) physician examination fees; |
|
|
(C) expense of transportation to a mental health |
|
|
facility or to a federal agency not to exceed $50 if transporting |
|
|
within the same county and not to exceed the reasonable cost of |
|
|
transportation if transporting between counties; |
|
|
(D) costs and salary supplements authorized |
|
|
under Section 574.031, Health and Safety Code; and |
|
|
(E) prosecutors' fees authorized under Section |
|
|
574.031, Health and Safety Code; |
|
|
(6) expenses of transporting certain patients from the |
|
|
county of treatment to a hearing in the county in which the |
|
|
proceedings originated (Sec. 574.008, Health and Safety |
|
|
Code) . . . actual expenses unless certain arrangements are made |
|
|
to hold the hearing in the county in which the patient is receiving |
|
|
services; |
|
|
(7) expenses for expert witness testimony for an |
|
|
indigent patient (Sec. 574.010, Health and Safety Code) . . . if |
|
|
authorized by the court as reimbursement to the attorney ad litem, |
|
|
court-approved expenses; |
|
|
(8) fee for judge's services for holding a hearing on |
|
|
an application for court-ordered mental health services (Sec. |
|
|
574.031, Health and Safety Code) . . . as assessed by the judge, |
|
|
not to exceed $50; |
|
|
(9) expenses to reimburse judge for holding a hearing |
|
|
in a hospital or location other than the county courthouse (Sec. |
|
|
574.031, Health and Safety Code) . . . reasonable and necessary |
|
|
expenses as certified; and |
|
|
(10) fee for services of a prosecuting attorney, |
|
|
including costs incurred for preparation of documents related to a |
|
|
hearing on an application for court-ordered mental health services |
|
|
(Sec. 574.031, Health and Safety Code) . . . as assessed by the |
|
|
judge, not to exceed $50. |
|
|
Sec. 101.1013. STATUTORY PROBATE COURT FEES AND COSTS: |
|
|
LOCAL GOVERNMENT CODE. The clerk of a statutory probate court |
|
|
shall collect fees and costs under the Local Government Code as |
|
|
follows: |
|
|
(1) additional filing fee for filing any civil action |
|
|
or proceeding requiring a filing fee, including an appeal, and on |
|
|
the filing of any counterclaim, cross-action, intervention, |
|
|
interpleader, or third-party action requiring a filing fee to fund |
|
|
civil legal services for the indigent (Sec. 133.153, Local |
|
|
Government Code). . . $5; |
|
|
(2) [(7)] additional filing fee to fund contingency |
|
|
fund for liability insurance, if authorized by the county |
|
|
commissioners court (Sec. 82.003, Local Government Code) . . . not |
|
|
to exceed $5; |
|
|
(3) [(8)] probate court actions (Sec. 118.052, Local |
|
|
Government Code): |
|
|
(A) probate original action (Secs. 118.052 and |
|
|
118.055, Local Government Code): |
|
|
(i) probate of a will with independent |
|
|
executor, administration with will attached, administration of an |
|
|
estate, guardianship or receivership of an estate, or muniment of |
|
|
title (Sec. 118.052, Local Government Code) . . . $40; |
|
|
(ii) community survivors (Sec. 118.052, |
|
|
Local Government Code) . . . $40; |
|
|
(iii) small estates (Sec. 118.052, Local |
|
|
Government Code) . . . $40; |
|
|
(iv) declarations of heirship (Sec. |
|
|
118.052, Local Government Code) . . . $40; |
|
|
(v) mental health or chemical dependency |
|
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
|
(vi) additional, special fee (Secs. 118.052 |
|
|
and 118.064, Local Government Code) . . . $5; |
|
|
(B) services in pending probate action (Secs. |
|
|
118.052 and 118.056, Local Government Code): |
|
|
(i) filing an inventory and appraisement |
|
|
after the 120th day after the date of the initial filing of the |
|
|
action (Sec. 118.052, Local Government Code) . . . $25; |
|
|
(ii) approving and recording bond (Sec. |
|
|
118.052, Local Government Code) . . . $3; |
|
|
(iii) administering oath (Sec. 118.052, |
|
|
Local Government Code) . . . $2; |
|
|
(iv) filing annual or final account of |
|
|
estate (Sec. 118.052, Local Government Code). . . $25; |
|
|
(v) filing application for sale of real or |
|
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
|
(vi) filing annual or final report of |
|
|
guardian of a person (Sec. 118.052, Local Government Code) . . . |
|
|
$10; and |
|
|
(vii) filing a document not listed under |
|
|
this paragraph after the filing of an order approving the inventory |
|
|
and appraisement or after the 120th day after the date of the |
|
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
|
and 191.007, Local Government Code), if more than 25 pages . . . |
|
|
$25; |
|
|
(C) adverse probate action (Secs. 118.052 and |
|
|
118.057, Local Government Code) . . . $40; and |
|
|
(D) claim against estate (Secs. 118.052 and |
|
|
118.058, Local Government Code) . . . $2; |
|
|
(4) [(9)] other fees (Sec. 118.052, Local Government |
|
|
Code): |
|
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
|
Local Government Code): |
|
|
(i) original document and one copy (Sec. |
|
|
118.052, Local Government Code) . . . $4; and |
|
|
(ii) each additional set of an original and |
|
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
|
Local Government Code): |
|
|
(i) for the clerk's certificate (Sec. |
|
|
118.052, Local Government Code) . . . $5; and |
|
|
(ii) a fee per page or part of a page (Sec. |
|
|
118.052, Local Government Code) . . . $1; |
|
|
(C) noncertified papers, for each page or part of |
|
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
|
$1; |
|
|
(D) letters testamentary, letter of |
|
|
guardianship, letter of administration, or abstract of judgment |
|
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
|
(E) safekeeping of wills (Secs. 118.052 and |
|
|
118.062, Local Government Code) . . . $5; |
|
|
(F) mail service of process (Secs. 118.052 and |
|
|
118.063, Local Government Code) . . . same as sheriff; and |
|
|
(G) records management and preservation fee |
|
|
(Secs. 118.052 and 118.0645, Local Government Code) . . . $5; and |
|
|
(5) court cost in civil cases other than suits for |
|
|
delinquent taxes to fund the county law library fund, if authorized |
|
|
by the county commissioners court (Sec. 323.023, Local Government |
|
|
Code) . . . not to exceed $35. |
|
|
Sec. 101.1014. STATUTORY PROBATE COURT FEES AND COSTS: |
|
|
TEXAS PROBATE CODE. The clerk of a statutory probate court shall |
|
|
collect fees and costs under the Texas Probate Code as follows: |
|
|
(1) [(10)] fee for deposit of a will with the county |
|
|
clerk during testator's lifetime (Sec. 71, Texas Probate Code) |
|
|
. . . $3; |
|
|
(2) security deposit on filing, by any person other |
|
|
than the personal representative of an estate, an application, |
|
|
complaint, or opposition in relation to the estate, if required by |
|
|
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the |
|
|
proceeding; and |
|
|
(3) security deposit on filing, by any person other |
|
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
|
application, complaint, or opposition in relation to a guardianship |
|
|
matter, if required by the clerk (Sec. 622, Texas Probate |
|
|
Code) . . . probable cost of the guardianship proceeding. |
|
|
Sec. 101.1015. STATUTORY PROBATE COURT FEES AND COSTS: |
|
|
PROPERTY CODE. The clerk of a statutory probate court shall collect |
|
|
a [(11)] court cost in the amount of $10 or more, as taxed by the |
|
|
court under Section 21.047, Property Code, [costs] for each special |
|
|
commissioner in an eminent domain proceeding [(Sec. 21.047,
|
|
|
Property Code) .
.
. as taxed by the court, $10 or more;
|
|
|
[(12)
jury fee for civil case (Sec. 51.604, Government
|
|
|
Code) .
.
.
$22;
|
|
|
[(13)
court cost in civil cases other than suits for
|
|
|
delinquent taxes to fund the county law library fund, if authorized
|
|
|
by the county commissioners court (Sec. 323.023, Local Government
|
|
|
Code)
.
.
.
not to exceed $35;
|
|
|
[(14)
the expense of preserving the record as a court
|
|
|
cost, if imposed on a party by the referring court or associate
|
|
|
judge (Sec. 54.612, Government Code)
.
.
.
actual cost;
|
|
|
[(15)
security deposit on filing, by any person other
|
|
|
than the personal representative of an estate, an application,
|
|
|
complaint, or opposition in relation to the estate, if required by
|
|
|
the clerk (Sec. 12, Texas Probate Code)
.
.
.
probable cost of the
|
|
|
proceeding;
|
|
|
[(16)
security deposit on filing, by any person other
|
|
|
than the guardian, attorney ad litem, or guardian ad litem, an
|
|
|
application, complaint, or opposition in relation to a guardianship
|
|
|
matter, if required by the clerk (Sec. 622, Texas Probate
|
|
|
Code)
.
.
.
probable cost of the guardianship proceeding;
|
|
|
[(17)
for a hearing or proceeding under the Texas
|
|
|
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as
|
|
|
costs (Secs. 571.017 and 571.018, Health and Safety
|
|
|
Code)
.
.
.
reasonable compensation to the following persons
|
|
|
appointed under the Texas Mental Health Code:
|
|
|
[(A) attorneys;
|
|
|
[(B) physicians;
|
|
|
[(C) language interpreters;
|
|
|
[(D) sign interpreters; and
|
|
|
[(E) masters;
|
|
|
[(18)
for a hearing or proceeding under the Texas
|
|
|
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as
|
|
|
costs (Sec. 571.018, Health and Safety Code):
|
|
|
[(A) attorney's fees;
|
|
|
[(B) physician examination fees;
|
|
|
[(C)
expense of transportation to a mental health
|
|
|
facility or to a federal agency not to exceed $50 if transporting
|
|
|
within the same county and not to exceed the reasonable cost of
|
|
|
transportation if transporting between counties;
|
|
|
[(D)
costs and salary supplements authorized
|
|
|
under Section 574.031, Health and Safety Code; and
|
|
|
[(E)
prosecutors' fees authorized under Section
|
|
|
574.031, Health and Safety Code;
|
|
|
[(19)
expenses of transporting certain patients from
|
|
|
the county of treatment to a hearing in the county in which the
|
|
|
proceedings originated (Sec. 574.008, Health and Safety
|
|
|
Code)
.
.
.
actual expenses unless certain arrangements are made
|
|
|
to hold the hearing in the county in which the patient is receiving
|
|
|
services;
|
|
|
[(20)
expenses for expert witness testimony for an
|
|
|
indigent patient (Sec. 574.010, Health and Safety Code)
.
.
.
if
|
|
|
authorized by the court as reimbursement to the attorney ad litem,
|
|
|
court-approved expenses;
|
|
|
[(21)
fee for judge's services for holding a hearing on
|
|
|
an application for court-ordered mental health services (Sec.
|
|
|
574.031, Health and Safety Code)
.
.
.
as assessed by the judge,
|
|
|
not to exceed $50;
|
|
|
[(22)
expenses to reimburse judge for holding a
|
|
|
hearing in a hospital or location other than the county courthouse
|
|
|
(Sec. 574.031, Health and Safety Code)
.
.
.
reasonable and
|
|
|
necessary expenses as certified;
|
|
|
[(23)
fee for services of a prosecuting attorney,
|
|
|
including costs incurred for preparation of documents related to a
|
|
|
hearing on an application for court-ordered mental health services
|
|
|
(Sec. 574.031, Health and Safety Code)
.
.
.
as assessed by the
|
|
|
judge, not to exceed $50; and
|
|
|
[(24)
a fee not otherwise listed in this section that
|
|
|
is required to be collected under Section 25.0029, Government Code
|
|
|
(Sec. 25.0029, Government Code)
.
.
.
as prescribed by law
|
|
|
relating to county judges' fees]. |
|
|
SECTION 7.106. (a) Subchapter G, Chapter 101, Government |
|
|
Code, is amended by amending Section 101.121 and adding Sections |
|
|
101.1211 through 101.1216 to read as follows: |
|
|
Sec. 101.121. COUNTY COURT FEES AND COSTS: ALCOHOLIC |
|
|
BEVERAGE CODE. The clerk of a county court shall collect a [:
|
|
|
[(1)] fee of $5 under Section 61.31, Alcoholic |
|
|
Beverage Code, for hearing on application for a license to |
|
|
manufacture, distribute, store, or sell beer. [(Sec. 61.31,
|
|
|
Alcoholic Beverage Code) .
.
. $5;] |
|
|
Sec. 101.1211. COUNTY COURT FEES AND COSTS: CIVIL PRACTICE |
|
|
AND REMEDIES CODE. The clerk of a county court shall collect: |
|
|
(1) a [(2)] court cost in certain civil cases to |
|
|
establish and maintain an alternative dispute resolution system, if |
|
|
authorized by the county commissioners court (Sec. 152.004, Civil |
|
|
Practice and Remedies Code) . . . not to exceed $15 [$10]; |
|
|
(2) court fees and costs, if ordered by the court, for |
|
|
a suit filed by an inmate in which an affidavit or unsworn |
|
|
declaration of inability to pay costs is filed by the inmate (Sec. |
|
|
14.006, Civil Practice and Remedies Code) . . . the lesser of: |
|
|
(A) 20 percent of the preceding six months' |
|
|
deposits to the inmate's trust account administered by the Texas |
|
|
Department of Criminal Justice under Section 501.014, Government |
|