S.B. No. 1969
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AN ACT
  relating to nonsubstantive additions to and corrections in enacted
  codes, to the nonsubstantive codification or disposition of various
  laws omitted from enacted codes, to conforming codifications
  enacted by the 80th Legislature to other Acts of that legislature,
  and to the repeal of certain unconstitutional laws.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. GENERAL PROVISIONS
         SECTION 1.001.  This Act is enacted as part of the state's
  continuing statutory revision program under Chapter 323,
  Government Code. This Act is a revision for purposes of Section 43,
  Article III, Texas Constitution, and has the purposes of:
               (1)  codifying without substantive change or providing
  for other appropriate disposition of various statutes that were
  omitted from enacted codes;
               (2)  conforming codifications enacted by the 80th
  Legislature to other Acts of that legislature that amended the laws
  codified or added new law to subject matter codified;
               (3)  making necessary corrections to enacted
  codifications;
               (4)  repealing various civil statutes appellate courts
  have held to be unconstitutional; and
               (5)  renumbering titles, chapters, and sections of
  codes that duplicate title, chapter, or section numbers.
         SECTION 1.002.  (a)  The repeal of a statute by this Act does
  not affect an amendment, revision, or reenactment of the statute by
  the 81st Legislature, Regular Session, 2009. The amendment,
  revision, or reenactment is preserved and given effect as part of
  the code provision that revised the statute so amended, revised, or
  reenacted.
         (b)  If any provision of this Act conflicts with a statute
  enacted by the 81st Legislature, Regular Session, 2009, the statute
  controls.
         SECTION 1.003.  (a)  A transition or saving provision of a
  law codified by this Act applies to the codified law to the same
  extent as it applied to the original law.
         (b)  The repeal of a transition or saving provision by this
  Act does not affect the application of the provision to the codified
  law.
         (c)  In this section, "transition provision" includes any
  temporary provision providing for a special situation in the
  transition period between the existing law and the establishment or
  implementation of the new law.
  ARTICLE 2. CHANGES RELATING TO AGRICULTURE CODE
         SECTION 2.001.  Section 2.003(a), Agriculture Code, is
  amended to correct an error in punctuation to read as follows:
         (a)  The agricultural policy of this state must consider and
  address:
               (1)  water availability issues, including planning for
  water supplies and drought preparedness and response, by ensuring
  that a high priority is assigned to the agricultural use of water;
               (2)  transportation issues, by ensuring an efficient
  and well-maintained farm-to-market road system and intermodal
  transportation to provide adequate transportation for agricultural
  products at competitive rates;
               (3)  state regulatory issues, by ensuring the
  efficiency and profitability of agricultural enterprises while at
  the same time protecting the health, safety, and welfare of
  agricultural workers and citizens of this state;[.]
               (4)  state tax policy, by encouraging tax policy that
  promotes the agriculture industry, including production and
  processing;
               (5)  the availability of capital, including state loans
  or grants authorized by Section 52-a, Article III, Texas
  Constitution, by facilitating access to capital through loans and
  grants authorized by the Texas Constitution for agricultural
  producers who have established or intend to establish agricultural
  operations in Texas;
               (6)  the promotion of Texas agricultural products, by
  promoting the orderly and efficient marketing of agricultural
  commodities and enhancing and expanding sales of Texas raw and
  processed agricultural products in local, domestic, and foreign
  markets;
               (7)  eradication, control, or exclusion of:
                     (A)  injurious pests and diseases that affect
  crops and livestock; and
                     (B)  noxious plant and brush species;
               (8)  research and education efforts, including
  financial risk management, consumer education, and education in the
  public schools, by encouraging promotional and educational
  programs involving all segments of agriculture and maintaining a
  solid foundation of stable and long-term support for food and
  agricultural research while improving accountability and gathering
  public input concerning research;
               (9)  promotion of efficient utilization of soil and
  water resources, by encouraging efforts to sustain the long-term
  productivity of landowners by conserving and protecting the basic
  resources of agriculture, including soil, water, and air, while
  working within federal mandates relating to natural resources;
               (10)  rural economic and infrastructure development,
  by enhancing, protecting, and encouraging the production of food
  and other agricultural products;
               (11)  protection of property rights and the right to
  farm, by promoting and protecting agricultural activities that are
  established before nonagricultural activities located near the
  agricultural activities and are reasonable and consistent with good
  agricultural practices;
               (12)  preservation of farmland, ranchland, timberland,
  and other land devoted to agricultural purposes, by encouraging the
  development and improvement of the land for the production of food
  and other agricultural products consistent with the philosophy of a
  private property rights state;
               (13)  food safety, by continuing to support production
  of the safest food in the world with regulations based on sound
  scientific evidence;
               (14)  efforts to participate in the formulation of
  federal programs and policies, by actively addressing the
  development of federal policy that affects this state;
               (15)  promotion of rural fire service, by seeking
  opportunities to improve the sustainability and effectiveness of
  rural fire service for the protection of the general public and
  natural resources; and
               (16)  promotion of value-added agricultural
  enterprises, by promoting efforts to increase the value of Texas
  agricultural products through processing, management practices, or
  other procedures that add consumer benefits to agricultural goods.
         SECTION 2.002.  Section 58.039, Agriculture Code, as added
  by Section 1, Article 2, Chapter 32 (H.B. 49), Acts of the 70th
  Legislature, 2nd Called Session, 1987, and Section 58.039,
  Agriculture Code, as added by Section 1, Chapter 1247 (H.B. 1111),
  Acts of the 71st Legislature, Regular Session, 1989, are reenacted
  and amended to consolidate the two versions of Section 58.039 and to
  correct a typographical error to read as follows:
         Sec. 58.039.  REVIEW BOARD. (a)  The bond review board is
  composed of:
               (1)  the governor;
               (2)  the lieutenant governor;
               (3)  the speaker of the house of representatives; and
               (4)  the comptroller of public accounts.
         (b)  The governor is chairman of the review board.
         (c)  Bonds may not be issued under this chapter, and proceeds
  of bonds under this chapter may not be used to finance a program
  unless the issuance or [of] program, as applicable, has been
  reviewed and approved by the review board.
         (d)  The review board may adopt rules governing application
  for review, the review process, and reporting requirements.
         (e)  A member of the review board may not be held liable for
  damages resulting from the performance of the members' functions
  under this chapter.
         SECTION 2.003.  Section 143.021(a), Agriculture Code, is
  amended to correct a typographical error to read as follows:
         (a)  In accordance with this section, the freeholders of a
  county or an area within a county may petition the commissioners
  [commissions] court to conduct an election for the purpose of
  determining if horses, mules, jacks, jennets, donkeys, hogs, sheep,
  or goats are to be permitted to run at large in the county or area.
  ARTICLE 3. CHANGES RELATING TO ALCOHOLIC BEVERAGE CODE
         SECTION 3.001.  Section 16.06, Alcoholic Beverage Code, is
  amended to add a heading to read as follows:
         Sec. 16.06.  PARTICIPATION IN CERTAIN OFF-PREMISES WINE
  EVALUATION ACTIVITIES. (a)  For the purpose of participating in an
  organized wine tasting, wine evaluation, wine competition, or
  literary review, the holder of a winery permit may deliver wine
  produced and manufactured by the holder to locations that are not
  licensed under this code for the purpose of submitting the wine to
  an evaluation at an organized wine tasting competition attended
  primarily by unlicensed persons or by a wine reviewer whose reviews
  are published if:
               (1)  no charge of any kind is made for the wine,
  delivery, or attendance at the event; and
               (2)  the commission consents in writing to the
  delivery.
         (b)  In connection with events authorized by Subsection (a)
  of this section, the holder of the winery permit may dispense wine
  to individuals attending the event and discuss with them the
  manufacture and characteristics of the wine.
  ARTICLE 4.  CHANGES RELATING TO BUSINESS & COMMERCE CODE
         SECTION 4.001.  (a)  Title 4, Business & Commerce Code, is
  amended to recodify Section 35.521, Business & Commerce Code, as
  added by Section 1, Chapter 498 (S.B. 324), Acts of the 80th
  Legislature, Regular Session, 2007, by adding Chapter 56 to read as
  follows:
  CHAPTER 56. AGREEMENT FOR PAYMENT OF CONSTRUCTION SUBCONTRACTOR
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 56.001.  DEFINITIONS. In this chapter:
               (1)  "Contingent payee" means a party to a contract
  with a contingent payment clause, other than an architect or
  engineer, whose receipt of payment is conditioned on the contingent
  payor's receipt of payment from another person.
               (2)  "Contingent payment clause" means a provision in a
  contract for construction management, or for the construction of
  improvements to real property or the furnishing of materials for
  the construction, that provides that the contingent payor's receipt
  of payment from another is a condition precedent to the obligation
  of the contingent payor to make payment to the contingent payee for
  work performed or materials furnished.
               (3)  "Contingent payor" means a party to a contract
  with a contingent payment clause that conditions payment by the
  party on the receipt of payment from another person.
               (4)  "Improvement" includes new construction,
  remodeling, or repair.
               (5)  "Obligor" means the person obligated to make
  payment to the contingent payor for an improvement.
               (6)  "Primary obligor" means the owner of the real
  property to be improved or repaired under the contract, or the
  contracting authority if the contract is for a public project. A
  primary obligor may be an obligor.
         Sec. 56.002.  INAPPLICABILITY OF CHAPTER TO CERTAIN
  CONTRACTS. This chapter does not apply to a contract that is solely
  for:
               (1)  design services;
               (2)  the construction or maintenance of a road,
  highway, street, bridge, utility, water supply project, water
  plant, wastewater plant, water and wastewater distribution or
  conveyance facility, wharf, dock, airport runway or taxiway,
  drainage project, or related type of project associated with civil
  engineering construction; or
               (3)  improvements to or the construction of a structure
  that is a:
                     (A)  detached single-family residence;
                     (B)  duplex;
                     (C)  triplex; or
                     (D)  quadruplex.
         Sec. 56.003.  EFFECT OF CHAPTER ON TIMING OF PAYMENT
  PROVISIONS. This chapter does not affect a provision that affects
  the timing of a payment in a contract for construction management or
  for the construction of improvements to real property if the
  payment is to be made within a reasonable period.
         Sec. 56.004.  WAIVER OF CHAPTER PROHIBITED. A person may not
  waive this chapter by contract or other means. A purported waiver
  of this chapter is void.
  [Sections 56.005-56.050 reserved for expansion]
  SUBCHAPTER B. CONTINGENT PAYMENT CLAUSE
         Sec. 56.051.  ENFORCEMENT OF CLAUSE PROHIBITED TO EXTENT
  CERTAIN CONTRACTUAL OBLIGATIONS NOT MET. A contingent payor or its
  surety may not enforce a contingent payment clause to the extent
  that the obligor's nonpayment to the contingent payor is the result
  of the contractual obligations of the contingent payor not being
  met, unless the nonpayment is the result of the contingent payee's
  failure to meet the contingent payee's contractual requirements.
         Sec. 56.052.  ENFORCEMENT OF CLAUSE PROHIBITED FOLLOWING
  NOTICE FROM CONTINGENT PAYEE. (a)  Except as provided by
  Subsection (d), a contingent payor or its surety may not enforce a
  contingent payment clause as to work performed or materials
  delivered after the contingent payor receives written notice from
  the contingent payee objecting to the further enforceability of the
  contingent payment clause as provided by this chapter and the
  notice becomes effective as provided by Subsection (b). The
  contingent payee may send written notice only after the 45th day
  after the date the contingent payee submits a written request for
  payment to the contingent payor that is in a form substantially in
  accordance with the contingent payee's contract requirements for
  the contents of a regular progress payment request or an invoice.
         (b)  For purposes of Subsection (a), the written notice
  becomes effective on the latest of:
               (1)  the 10th day after the date the contingent payor
  receives the notice;
               (2)  the eighth day after the date interest begins to
  accrue against the obligor under:
                     (A)  Section 28.004, Property Code, under a
  contract for a private project governed by Chapter 28, Property
  Code; or
                     (B)  31 U.S.C. Section 3903(a)(6), under a
  contract for a public project governed by 40 U.S.C. Section 3131; or
               (3)  the 11th day after the date interest begins to
  accrue against the obligor under Section 2251.025, Government Code,
  under a contract for a public project governed by Chapter 2251,
  Government Code.
         (c)  A notice given by a contingent payee under Subsection
  (a) does not prevent enforcement of a contingent payment clause if:
               (1)  the obligor has a dispute under Chapter 28,
  Property Code, Chapter 2251, Government Code, or 31 U.S.C. Chapter
  39 as a result of the contingent payee's failure to meet the
  contingent payee's contractual requirements; and
               (2)  the contingent payor gives notice in writing to
  the contingent payee that the written notice given under Subsection
  (a) does not prevent enforcement of the contingent payment clause
  under this subsection and the contingent payee receives the notice
  under this subdivision not later than the later of:
                     (A)  the fifth day before the date the written
  notice from the contingent payee under Subsection (a) becomes
  effective under Subsection (b); or
                     (B)  the fifth day after the date the contingent
  payor receives the written notice from the contingent payee under
  Subsection (a).
         (d)  A written notice given by a contingent payee under
  Subsection (a) does not prevent the enforcement of a contingent
  payment clause to the extent that the funds are not collectible as a
  result of a primary obligor's successful assertion of a defense of
  sovereign immunity, if the contingent payor has exhausted all of
  its rights and remedies under its contract with the primary obligor
  and under Chapter 2251, Government Code. This subsection does not:
               (1)  create or validate a defense of sovereign
  immunity; or
               (2)  extend to a primary obligor a defense or right that
  did not exist before September 1, 2007.
         (e)  On receipt of payment by the contingent payee of the
  unpaid indebtedness giving rise to the written notice provided by
  the contingent payee under Subsection (a), the contingent payment
  clause is reinstated as to work performed or materials furnished
  after the receipt of the payment, subject to the provisions of this
  chapter.
         Sec. 56.053.  ENFORCEMENT OF CLAUSE PROHIBITED IF EXISTENCE
  OF SHAM RELATIONSHIP. A contingent payor or its surety may not
  enforce a contingent payment clause if the contingent payor is in a
  sham relationship with the obligor, as described by the sham
  relationships in Section 53.026, Property Code.
         Sec. 56.054.  ENFORCEMENT OF CLAUSE PROHIBITED IF
  UNCONSCIONABLE. (a)  A contingent payor or its surety may not
  enforce a contingent payment clause if the enforcement would be
  unconscionable. The party asserting that a contingent payment
  clause is unconscionable has the burden of proving that the clause
  is unconscionable.
         (b)  The enforcement of a contingent payment clause is not
  unconscionable if the contingent payor:
               (1)  proves that the contingent payor has exercised
  diligence in ascertaining and communicating in writing to the
  contingent payee, before the contract in which the contingent
  payment clause has been asserted becomes enforceable against the
  contingent payee, the financial viability of the primary obligor
  and the existence of adequate financial arrangements to pay for the
  improvements; and
               (2)  has done the following:
                     (A)  made reasonable efforts to collect the amount
  owed to the contingent payor; or
                     (B)  made or offered to make, at a reasonable
  time, an assignment by the contingent payor to the contingent payee
  of a cause of action against the obligor for the amounts owed to the
  contingent payee by the contingent payor and offered reasonable
  cooperation to the contingent payee's collection efforts, if the
  assigned cause of action is not subject to defenses caused by the
  contingent payor's action or failure to act.
         (c)  A cause of action brought on an assignment made under
  Subsection (b)(2)(B) is enforceable by a contingent payee against
  an obligor or a primary obligor.
         (d)  A contingent payor is considered to have exercised
  diligence for purposes of Subsection (b)(1) under a contract for a
  private project governed by Chapter 53, Property Code, if the
  contingent payee receives in writing from the contingent payor:
               (1)  the name, address, and business telephone number
  of the primary obligor;
               (2)  a description, legally sufficient for
  identification, of the property on which the improvements are being
  constructed;
               (3)  the name and address of the surety on any payment
  bond provided under Subchapter I, Chapter 53, Property Code, to
  which any notice of claim should be sent;
               (4)  if a loan has been obtained for the construction of
  improvements:
                     (A)  a statement, furnished by the primary obligor
  and supported by reasonable and credible evidence from all
  applicable lenders, of the amount of the loan;
                     (B)  a summary of the terms of the loan;
                     (C)  a statement of whether there is foreseeable
  default of the primary obligor; and
                     (D)  the name, address, and business telephone
  number of the borrowers and lenders; and
               (5)  a statement, furnished by the primary obligor and
  supported by reasonable and credible evidence from all applicable
  banks or other depository institutions, of the amount, source, and
  location of funds available to pay the balance of the contract
  amount if there is no loan or the loan is not sufficient to pay for
  all of the construction of the improvements.
         (e)  A contingent payor is considered to have exercised
  diligence for purposes of Subsection (b)(1) under a contract for a
  public project governed by Chapter 2253, Government Code, if the
  contingent payee receives in writing from the contingent payor:
               (1)  the name, address, and primary business telephone
  number of the primary obligor;
               (2)  the name and address of the surety on the payment
  bond provided to the primary obligor to which any notice of claim
  should be sent; and
               (3)  a statement from the primary obligor that funds
  are available and have been authorized for the full contract amount
  for the construction of the improvements.
         (f)  A contingent payor is considered to have exercised
  diligence for purposes of Subsection (b)(1) under a contract for a
  public project governed by 40 U.S.C. Section 3131 if the contingent
  payee receives in writing from the contingent payor:
               (1)  the name, address, and primary business telephone
  number of the primary obligor;
               (2)  the name and address of the surety on the payment
  bond provided to the primary obligor; and
               (3)  the name of the contracting officer, if known at
  the time of the execution of the contract.
         (g)  A primary obligor shall furnish the information
  described by Subsection (d) or (e), as applicable, to the
  contingent payor not later than the 30th day after the date the
  primary obligor receives a written request for the information. If
  the primary obligor fails to provide the information under the
  written request, the contingent payor, the contingent payee, and
  their sureties are relieved of the obligation to initiate or
  continue performance of the construction contracts of the
  contingent payor and contingent payee.
         Sec. 56.055.  USE OF CLAUSE TO INVALIDATE ENFORCEABILITY OR
  PERFECTION OF MECHANIC'S LIEN PROHIBITED. A contingent payment
  clause may not be used as a basis for invalidation of the
  enforceability or perfection of a mechanic's lien under Chapter 53,
  Property Code.
         Sec. 56.056.  ASSERTION OF CLAUSE AS AFFIRMATIVE DEFENSE.
  The assertion of a contingent payment clause is an affirmative
  defense to a civil action for payment under a contract.
         Sec. 56.057.  ALLOCATION OF RISK PERMITTED. An obligor or a
  primary obligor may not prohibit a contingent payor from allocating
  risk by means of a contingent payment clause.
         (b)  Section 35.521, Business & Commerce Code, as added by
  Section 1, Chapter 498 (S.B. 324), Acts of the 80th Legislature,
  Regular Session, 2007, is repealed.
         SECTION 4.002.  (a)  Sections 102.001 through 102.005,
  Business & Commerce Code, are designated as Subchapter A, Chapter
  102, Business & Commerce Code, and a heading for Subchapter A is
  added to conform to Section 1, Chapter 1206 (H.B. 1751), Acts of the
  80th Legislature, Regular Session, 2007, to read as follows:
  SUBCHAPTER A. RESTRICTION ON OWNERS, OPERATORS, MANAGERS, OR
  EMPLOYEES OF SEXUALLY ORIENTED BUSINESSES
         (b)  Section 1, Chapter 1206 (H.B. 1751), Acts of the 80th
  Legislature, Regular Session, 2007, which designated former
  Sections 47.001 through 47.004, Business & Commerce Code, as
  Subchapter A, Chapter 47, Business & Commerce Code, and added a
  heading for Subchapter A, is repealed.
         SECTION 4.003.  (a)  Section 102.001, Business & Commerce
  Code, is amended to conform to Section 2, Chapter 1206 (H.B. 1751),
  Acts of the 80th Legislature, Regular Session, 2007, to read as
  follows:
         Sec. 102.001.  DEFINITIONS. In this subchapter [chapter]:
               (1)  "Sex offender" means a person who has been
  convicted of or placed on deferred adjudication for an offense for
  which a person is subject to registration under Chapter 62, Code of
  Criminal Procedure.
               (2)  "Sexually oriented business" has the meaning
  assigned by Section 243.002, Local Government Code.
         (b)  Section 2, Chapter 1206 (H.B. 1751), Acts of the 80th
  Legislature, Regular Session, 2007, which amended former Section
  47.001, Business & Commerce Code, is repealed.
         SECTION 4.004.  Subchapter B, Chapter 47, Business &
  Commerce Code, as added by Section 3, Chapter 1206 (H.B. 1751), Acts
  of the 80th Legislature, Regular Session, 2007, is redesignated as
  Subchapter B, Chapter 102, Business & Commerce Code, and the
  sections in that redesignated subchapter, Sections 47.051, 47.052,
  47.053, 47.054, 47.055, 47.0551, and 47.056, are redesignated as
  Sections 102.051, 102.052, 102.053, 102.054, 102.055, 102.0551,
  and 102.056, respectively.
         SECTION 4.005.  (a)  Title 6, Business & Commerce Code, is
  amended to recodify Section 35.63, Business & Commerce Code, as
  added by Section 1, Chapter 307 (H.B. 1871), Acts of the 80th
  Legislature, Regular Session, 2007, by adding Chapter 204 to read
  as follows:
  CHAPTER 204. SALE OF PLASTIC BULK MERCHANDISE CONTAINER
         Sec. 204.001.  DEFINITIONS. In this chapter:
               (1)  "Plastic bulk merchandise container" means a
  plastic crate or shell used by a product producer, distributor, or
  retailer for the bulk transportation or storage of retail
  containers of milk, eggs, or bottled beverage products.
               (2)  "Proof of ownership" includes a bill of sale or
  other evidence showing that an item has been sold to the person
  possessing the item.
         Sec. 204.002.  REQUIREMENTS APPLICABLE TO SALE OF PLASTIC
  BULK MERCHANDISE CONTAINER. (a)  A person who is in the business of
  recycling, shredding, or destroying plastic bulk merchandise
  containers, before purchasing five or more plastic bulk merchandise
  containers from the same person, shall:
               (1)  obtain from that person:
                     (A)  proof of ownership for the containers; and
                     (B)  a record that contains:
                           (i)  the name, address, and telephone number
  of the person or the person's authorized representative;
                           (ii)  the name and address of the buyer of
  the containers or any consignee of the containers;
                           (iii)  a description of the containers,
  including the number of the containers to be sold; and
                           (iv)  the date of the transaction; and
               (2)  verify the identity of the individual selling the
  containers or representing the seller from a driver's license or
  other government-issued identification card that includes the
  individual's photograph, and record the verification.
         (b)  A person shall retain a record obtained or made under
  this chapter until the first anniversary of the later of the date
  the containers are purchased or delivered.
         (c)  A person who violates Subsection (a) or (b) is liable to
  this state for a civil penalty of $10,000 for each violation.
         Sec. 204.003.  USE OF ARTIFICE TO AVOID APPLICABILITY OF
  CHAPTER PROHIBITED. (a)  A person who is in the business of
  recycling, shredding, or destroying plastic bulk merchandise
  containers may not use an artifice to avoid the application of
  Section 204.002, including documenting purchases from the same
  person on the same day as multiple transactions.
         (b)  A person who violates this section is liable to this
  state for a civil penalty of $30,000 for each violation.
         Sec. 204.004.  ENFORCEMENT OF CIVIL PENALTY. The attorney
  general or appropriate prosecuting attorney may sue to collect a
  civil penalty under this chapter.
         (b)  Section 35.63, Business & Commerce Code, as added by
  Section 1, Chapter 307 (H.B. 1871), Acts of the 80th Legislature,
  Regular Session, 2007, is repealed.
         SECTION 4.006.  (a)  Section 304.002(10), Business &
  Commerce Code, is amended to conform to Section 1, Chapter 206 (H.B.
  143), Acts of the 80th Legislature, Regular Session, 2007, to read
  as follows:
               (10)  "Telephone call" means a call or other
  transmission made to or received at a telephone number, including:
                     (A)  a call made by an automated telephone dialing
  system;
                     (B)  a transmission to a facsimile recording
  device; and
                     (C)  a call or other transmission, including a
  transmission of a text or graphic message or of an image, to a
  mobile telephone number serviced by a provider of commercial mobile
  service, as defined by Section 332(d), Communications Act of 1934
  (47 U.S.C. Section 151 et seq.), as amended, Federal Communications
  Commission rules, or the Omnibus Budget Reconciliation Act of 1993
  (Pub. L. No. 103-66), as amended, except that the term does not
  include a transmission made to a mobile telephone number as part of
  an ad-based telephone service, in connection with which the
  telephone service customer has agreed with the service provider to
  receive the transmission.
         (b)  Section 1, Chapter 206 (H.B. 143), Acts of the 80th
  Legislature, Regular Session, 2007, which amended former Section
  44.002(9), Business & Commerce Code, is repealed.
         SECTION 4.007.  (a)  Subchapter B, Chapter 304, Business &
  Commerce Code, is amended to conform to Section 2, Chapter 206 (H.B.
  143), Acts of the 80th Legislature, Regular Session, 2007, by
  adding Section 304.063 to read as follows:
         Sec. 304.063.  ONLINE NOTICE. The commission shall include
  on its Internet website a notice explaining the application of the
  Texas no-call list to a call or other transmission, including a
  transmission of a text or graphic message or of an image, to a
  mobile telephone number.
         (b)  Section 2, Chapter 206 (H.B. 143), Acts of the 80th
  Legislature, Regular Session, 2007, which added Subsection (c) to
  former Section 44.103, Business & Commerce Code, is repealed.
         SECTION 4.008.  (a)  Subtitle A, Title 10, Business &
  Commerce Code, is amended to recodify Subchapter L, Chapter 35,
  Business & Commerce Code, as added by Section 1, Chapter 822 (H.B.
  73), Acts of the 80th Legislature, Regular Session, 2007, by adding
  Chapter 306 to read as follows:
  CHAPTER 306. PROTECTION OF CONSUMER TELEPHONE RECORDS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 306.001.  DEFINITIONS. In this chapter:
               (1)  "Caller identification record" means a record
  that:
                     (A)  is delivered electronically to the recipient
  of a telephone call simultaneously with the reception of the call;
  and
                     (B)  indicates the telephone number from which the
  telephone call was made or other similar information regarding the
  call.
               (2)  "Telephone company" means a provider of commercial
  telephone services, or a provider that bills for those services,
  regardless of the technology used to provide that service,
  including landline, radio, wireless, microwave, satellite, Voice
  over Internet Protocol (VoIP), or other cable, broadband, or
  digital technology.
               (3)  "Telephone record" means a written, electronic, or
  oral record, other than a caller identification record collected
  and retained by or on behalf of a customer, created by a telephone
  company about a customer, that includes:
                     (A)  the telephone number:
                           (i)  dialed by a customer; or
                           (ii)  of an incoming call made to a customer;
                     (B)  the time a call was made to or by a customer;
                     (C)  the duration of a call made to or by a
  customer; or
                     (D)  the location from which a call was initiated
  or at which a call was received by a customer.
         Sec. 306.002.  NONAPPLICABILITY TO LAW ENFORCEMENT
  AGENCIES. This chapter does not prohibit any lawfully authorized
  investigative, protective, or intelligence activity of a law
  enforcement agency of the United States, a state, or a political
  subdivision of a state or of an intelligence agency of the United
  States.
         Sec. 306.003.  CONSTRUCTION OF CHAPTER. This chapter does
  not apply to expand the obligations or duties of a telephone company
  under federal or other state law to protect telephone records.
         Sec. 306.004.  CONSISTENCY WITH FEDERAL LAW. This chapter
  may not be construed in a manner that is inconsistent with 18 U.S.C.
  Section 1038, 47 U.S.C. Section 222, or any other applicable
  federal law or rule.
  [Sections 306.005-306.050 reserved for expansion]
  SUBCHAPTER B. PROHIBITED CONDUCT OR ACTIVITY
         Sec. 306.051.  UNAUTHORIZED OR FRAUDULENT PROCUREMENT,
  SALE, OR RECEIPT OF TELEPHONE RECORDS. (a)  A person commits an
  offense if the person:
               (1)  obtains, attempts to obtain, or conspires with
  another to obtain a telephone record of a resident of this state
  without the authorization of the resident to whom the record
  pertains by:
                     (A)  making a statement the person knows to be
  false to an agent of a telephone company;
                     (B)  making a statement the person knows to be
  false to a telephone company;
                     (C)  fraudulently accessing the record through
  the telephone company's Internet website; or
                     (D)  providing to a telephone company a document
  that the person knows:
                           (i)  is fraudulent;
                           (ii)  has been lost or stolen;
                           (iii)  has been obtained by fraud; or
                           (iv)  contains a false, fictitious, or
  fraudulent statement or representation;
               (2)  asks another person to obtain a telephone record
  of a resident of this state knowing that the record will be obtained
  in a manner prohibited by this section;
               (3)  sells, transfers, or attempts to sell or transfer
  a telephone record of a resident of this state without
  authorization of the resident to whom the record pertains; or
               (4)  offers to obtain or offers to sell a telephone
  record that has been or will be obtained without authorization from
  the resident to whom the record pertains.
         (b)  An offense under this section is a Class A misdemeanor,
  except that a fine shall not exceed $20,000.
         (c)  In addition to the penalties provided by Subsection (b),
  a person convicted of an offense under this section may be required
  to forfeit personal property used or intended to be used in
  violation of this section.
         (d)  In addition to the penalties provided by Subsections (b)
  and (c), a person convicted of an offense under this section shall
  be ordered to pay to a resident whose telephone record was obtained
  in a manner prohibited by this section an amount equal to the sum
  of:
               (1)  the greater of the resident's financial loss, if
  proof of the loss is submitted to the satisfaction of the court, or
  $1,000; and
               (2)  the amount of any financial gain received by the
  person as the direct result of the offense.
         (e)  An offense under this section may be prosecuted in:
               (1)  the county in which the customer whose telephone
  record is the subject of the prosecution resided at the time of the
  offense; or
               (2)  any county in which any part of the offense took
  place regardless of whether the defendant was ever present in the
  county.
         (f)  If venue lies in more than one county under Subsection
  (e), a defendant may be prosecuted in only one county for the same
  conduct.
         (g)  If conduct constituting an offense under this section
  also constitutes an offense under another section of this code or of
  any other law, including the Penal Code, the actor may be prosecuted
  under either section or under both sections.
         (h)  This section does not create a private right of action.
         Sec. 306.052.  EXCEPTIONS. Section 306.051 does not apply
  to:
               (1)  a person who acted pursuant to a valid court order,
  warrant, subpoena, or civil investigative demand;
               (2)  a telephone company that disclosed a telephone
  record:
                     (A)  the disclosure of which is otherwise
  authorized by law;
                     (B)  reasonably believing the disclosure was
  necessary to:
                           (i)  provide service to a customer;
                           (ii)  protect an individual from fraudulent,
  abusive, or unlawful use of a telephone record or telephone
  service; or
                           (iii)  protect the rights or property of the
  company;
                     (C)  to the National Center for Missing and
  Exploited Children in connection with a report submitted under 42
  U.S.C. Section 13032;
                     (D)  for purposes of testing the company's
  security procedures or systems for maintaining the confidentiality
  of customer information;
                     (E)  to a governmental entity, if the company
  reasonably believed that an emergency involving danger of death or
  serious physical injury to a person justified disclosure of the
  information;
                     (F)  in connection with the sale or transfer of
  all or part of the company's business, the purchase or acquisition
  of all or part of another company's business, or the migration of a
  customer from one telephone company to another telephone company;
                     (G)  necessarily incident to the rendition of the
  service, to initiate, render, bill, and collect the customer's
  charges, or to protect the customer of those services and other
  carriers from fraudulent, abusive, or unlawful use of, or
  subscription to, such services; or
                     (H)  while acting reasonably and in good faith,
  notwithstanding a later determination that the action was not
  authorized; or
               (3)  a person or a telephone company that acted in
  connection with the official duties of a 9-1-1 governmental entity
  or a public agency solely for purposes of delivering or assisting in
  the delivery of 9-1-1 emergency services and other emergency
  services.
         Sec. 306.053.  DECEPTIVE TRADE PRACTICE; ENFORCEMENT. A
  violation of this chapter is a false, misleading, or deceptive act
  or practice under Section 17.46 and is subject to action only by the
  consumer protection division of the attorney general's office as
  provided by Section 17.46(a).
         (b)  Subchapter L, Chapter 35, Business & Commerce Code, as
  added by Section 1, Chapter 822 (H.B. 73), Acts of the 80th
  Legislature, Regular Session, 2007, is repealed.
         SECTION 4.009.  (a)  Section 501.051, Business & Commerce
  Code, is amended to conform to Section 1, Chapter 93 (H.B. 863),
  Acts of the 80th Legislature, Regular Session, 2007, to read as
  follows:
         Sec. 501.051.  INAPPLICABILITY OF SUBCHAPTER. This
  subchapter does not apply to:
               (1)  a person who is required to maintain and
  disseminate a privacy policy under:
                     (A)  the Gramm-Leach-Bliley Act (15 U.S.C.
  Sections 6801 to 6809);
                     (B)  the Family Educational Rights and Privacy Act
  of 1974 (20 U.S.C. Section 1232g); or
                     (C)  the Health Insurance Portability and
  Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.);
               (2)  a covered entity under rules adopted by the
  commissioner of insurance relating to insurance consumer health
  information privacy or insurance consumer financial information
  privacy;
               (3)  a governmental body, as defined by Section
  552.003, Government Code, other than a municipally owned utility;
  [or]
               (4)  a person with respect to a loan transaction, if the
  person is not engaged in the business of making loans; or
               (5)  a person subject to Section 901.457, Occupations
  Code.
         (b)  Section 1, Chapter 93, Acts of the 80th Legislature,
  Regular Session, 2007, which amended former Section 35.581(c),
  Business & Commerce Code, as added by Chapter 198 (H.B. 1130), Acts
  of the 79th Legislature, Regular Session, 2005, is repealed.
         SECTION 4.010.  (a)  Subtitle A, Title 11, Business &
  Commerce Code, is amended to recodify Section 35.64, Business &
  Commerce Code, as added by Section 1, Chapter 916 (H.B. 3093), Acts
  of the 80th Legislature, Regular Session, 2007, by adding Chapter
  505 to read as follows:
  CHAPTER 505. USE OF ZIP CODE TO VERIFY CUSTOMER'S IDENTITY
         Sec. 505.001.  DEFINITIONS. In this chapter:
               (1)  "Credit card" means a card or device issued under
  an agreement by which the issuer gives to a cardholder the right to
  obtain credit from the issuer or another person.
               (2)  "Credit card issuer" means a lender, including a
  financial institution, or a merchant that receives applications and
  issues credit cards to individuals.
         Sec. 505.002.  USE OF ZIP CODE TO VERIFY IDENTITY IN CREDIT
  CARD TRANSACTION. (a)  A business may require a customer who
  purchases a good or service from the business using a credit card to
  provide the customer's zip code to verify the customer's identity as
  provided by Subsection (b).
         (b)  A business that obtains a customer's zip code under
  Subsection (a) may electronically verify with the credit card
  issuer that the zip code matches any zip code that the credit card
  issuer has on file for the credit card.
         Sec. 505.003.  RETENTION OF ZIP CODE PROHIBITED. A business
  that obtains a customer's zip code under Section 505.002 may not
  retain the zip code in any form after the purchase of the good or
  service has been completed.
         (b)  Section 35.64, Business & Commerce Code, as added by
  Section 1, Chapter 916 (H.B. 3093), Acts of the 80th Legislature,
  Regular Session, 2007, is repealed.
         SECTION 4.011.  (a)  Sections 523.001 and 523.002, Business &
  Commerce Code, are designated as Subchapter A, Chapter 523,
  Business & Commerce Code, to conform to Section 1, Chapter 1044
  (H.B. 2002), Acts of the 80th Legislature, Regular Session, 2007,
  and a heading for Subchapter A is added to read as follows:
  SUBCHAPTER A. EXTENSIONS OF CREDIT AND VERIFICATION
  OF IDENTITY
         (b)  Section 523.003, Business & Commerce Code, is
  designated as Subchapter B, Chapter 523, Business & Commerce Code,
  and renumbered as Section 523.051, Business & Commerce Code, and a
  heading for Subchapter B is added to read as follows:
  SUBCHAPTER B. DUTIES OF FINANCIAL INSTITUTIONS AND
  OF VERIFICATION ENTITIES
         (c)  Section 35.595, Business & Commerce Code, as added by
  Section 1, Chapter 1044 (H.B. 2002), Acts of the 80th Legislature,
  Regular Session, 2007, is transferred to Subchapter B, Chapter 523,
  Business & Commerce Code, as designated by Subsection (b) of this
  section, and is renumbered as Section 523.052, Business & Commerce
  Code.
         SECTION 4.012.  (a)  Title 12, Business & Commerce Code, is
  amended to recodify Section 35.43, Business & Commerce Code, as
  added by Section 1, Chapter 123 (S.B. 1389), Acts of the 80th
  Legislature, Regular Session, 2007, by adding Chapter 605 to read
  as follows:
  CHAPTER 605. CONSUMER REBATE RESPONSE AND GRACE PERIOD FOR
  CORRECTIONS
         Sec. 605.001.  DEFINITIONS. In this chapter:
               (1)  "Consumer" means a person who obtains a product or
  service that is to be used primarily for personal, business,
  family, or household purposes.
               (2)  "Consumer rebate" means an offer to a consumer of
  cash, credit, or credit toward future purchases that is made in
  connection with a sale of a good or service to the consumer, is in an
  amount of $10 or more, and requires the consumer to mail or
  electronically submit a rebate request after the sale is completed.
  The term does not include:
                     (A)  any promotion or incentive that is offered by
  a manufacturer to another company or organization that is not the
  consumer to help promote or place the product or service;
                     (B)  a rebate that is redeemed at the time of
  purchase;
                     (C)  any discount, cash, credit, or credit toward
  a future purchase that is automatically provided to a consumer
  without the need to submit a request for redemption;
                     (D)  a rebate that is applied to a bill that the
  consumer becomes obligated to pay after the date the purchase is
  made;
                     (E)  any refund that may be given to a consumer in
  accordance with a manufacturer or retailer's return, guarantee,
  adjustment, or warranty policies; or
                     (F)  any manufacturer or retailer's frequent
  shopper customer reward program.
               (3)  "Properly completed" means that the consumer
  submitted the required information and documentation in the manner
  and by the deadline specified in the rebate offer and otherwise
  satisfied the terms and conditions of the rebate offer.
         Sec. 605.002.  REBATE RESPONSE PERIOD; GRACE PERIOD FOR
  CORRECTIONS. (a)  Except as provided by Subsection (b), a person,
  including a manufacturer or retailer, who offers a rebate shall
  mail the amount of the rebate to the consumer or electronically pay
  the consumer the amount of the rebate within the time period
  promised in the rebate information provided to the consumer or, if
  silent, not later than the 30th day after the date the person
  receives a properly completed rebate request.
         (b)  If a consumer rebate offer is contingent on the consumer
  continuing to purchase a service for a minimum length of time, the
  time period in Subsection (a) begins on the later of:
               (1)  the date the consumer submits the rebate request;
  or
               (2)  the expiration date of the service period.
         (c)  If the person offering the rebate receives a rebate
  request that is timely submitted but not properly completed, the
  person shall:
               (1)  process the rebate in the manner provided by
  Subsection (a) as if the rebate request were properly completed; or
               (2)  notify the consumer, not later than the date
  specified by Subsection (a), of the reasons that the rebate request
  is not properly completed and the consumer's right to correct the
  deficiency within 30 days after the date of the notification.
         (d)  The notification under Subsection (c)(2) must be by
  mail, except that notification may be by e-mail if the consumer has
  agreed to be notified by e-mail.
         (e)  If the consumer corrects the deficiency stated in the
  notification under Subsection (c)(2) before the 31st day after the
  postmark date of the person's mailed notification to the consumer
  or the date the e-mail is received, if applicable, the person shall
  process the rebate in the manner provided by Subsection (a) for a
  properly completed request.
         (f)  This section does not impose any obligation on a person
  to pay a rebate to any consumer who is not eligible under the terms
  and conditions of the rebate offer or has not satisfied all of the
  terms and conditions of the rebate offer, if the person offering the
  rebate has complied with Subsections (c) and (d).
         (g)  A person offering a rebate has the right to reject a
  rebate request from a consumer who the person determines:
               (1)  is attempting to commit fraud;
               (2)  has already received the offered rebate; or
               (3)  is submitting proof of purchase that is not
  legitimate.
         (h)  A person making a determination under Subsection (g)
  shall notify the consumer within the time period provided by
  Subsection (c) that the person is considering rejecting, or has
  rejected, the rebate request and shall instruct the consumer of any
  actions that the consumer may take to cure the deficiency.
         (i)  If the person offering a rebate erroneously rejects a
  properly completed rebate request, the person shall pay the
  consumer as soon as practicable, but not later than 30 days, after
  the date the person learns of the error.
         Sec. 605.003.  USE OF INDEPENDENT ENTITY TO PROCESS REBATE.
  For the purposes of this chapter, if a person who offers a rebate
  uses an independent entity to process the rebate, an act of the
  entity is considered to be an act of the person and receipt of a
  rebate request by the entity is considered receipt of the request by
  the person.
         Sec. 605.004.  DECEPTIVE TRADE PRACTICE. (a)  A violation
  of this chapter is a deceptive trade practice in addition to the
  practices described by Subchapter E, Chapter 17, and is actionable
  by a consumer under that subchapter. Claims related to more than
  one consumer may not be joined in a single action brought for an
  alleged violation of this chapter, unless all parties agree.
         (b)  A violation of this chapter is subject to an action by
  the office of the attorney general as provided by Section 17.46(a).
         Sec. 605.005.  CERTIFICATION AS CLASS ACTION PROHIBITED. A
  court may not certify an action brought under this chapter as a
  class action.
         (b)  Section 35.43, Business & Commerce Code, as added by
  Section 1, Chapter 123 (S.B. 1389), Acts of the 80th Legislature,
  Regular Session, 2007, is repealed.
         SECTION 4.013.  Section 681.154, Business & Commerce Code,
  is amended to conform to the addition of Section 4e, Chapter 55
  (S.B. 110), Acts of the 40th Legislature, 1st Called Session, 1927,
  by Chapter 2 (H.B. 542), Acts of the 80th Legislature, Regular
  Session, 2007, to read as follows:
         Sec. 681.154.  PORT FREEPORT [BRAZOS RIVER HARBOR NAVIGATION
  DISTRICT] OR DESIGNEE. Port Freeport [The Brazos River Harbor
  Navigation District of Brazoria County], or a corporation organized
  under the laws of this state and designated by Port Freeport [the
  Brazos River Harbor Navigation District of Brazoria County], may
  apply for and accept a grant of authority to establish, operate, and
  maintain:
               (1)  a foreign trade zone adjacent to a port of entry in
  Port Freeport [the Brazos River Harbor Navigation District of
  Brazoria County]; and
               (2)  other subzones.
         SECTION 4.014.  (a)  The Business & Commerce Code is amended
  to recodify Section 35.64, Business & Commerce Code, as added by
  Section 1, Chapter 182 (S.B. 277), Acts of the 80th Legislature,
  Regular Session, 2007, and Subchapter L, Chapter 35, Business &
  Commerce Code, as added by Section 1, Chapter 130 (H.B. 85), Acts of
  the 80th Legislature, Regular Session, 2007, by adding Title 16 to
  read as follows:
  TITLE 16. ADVERTISING AND MARKETING
  SUBTITLE A. ADVERTISEMENTS
  CHAPTER 721. USE OF NAMES OR PICTURES IN ADVERTISEMENTS
         Sec. 721.001.  DEFINITIONS. In this chapter:
               (1)  "Heir" means a surviving grandparent, parent,
  sibling, child, or grandchild of a deceased individual.
               (2)  "Personal representative" means an executor,
  independent executor, administrator, independent administrator, or
  temporary administrator, together with their successors.
         Sec. 721.002.  CERTAIN USES OF NAME OR PICTURE OF MEMBER OF
  ARMED FORCES PROHIBITED. (a)  A person commits an offense if the
  person uses, in an advertisement for a commercial purpose, the name
  of an individual who is an active duty or former member of the
  United States armed forces, who is a member or former member of a
  reserve component of the United States armed forces, or who is a
  member or former member of the state military forces, as defined by
  Section 431.001, Government Code, or a picture of the individual in
  uniform in which the individual is clearly identifiable, without
  obtaining the consent of:
               (1)  the individual, if the individual is living; or
               (2)  the individual's surviving spouse or personal
  representative or a majority of the individual's adult heirs, if
  the individual is deceased.
         (b)  An offense under this section is a Class A misdemeanor.
         Sec. 721.003.  INAPPLICABILITY OF CHAPTER TO MEDIA REPORT.
  This chapter does not apply to a member of the print or broadcast
  media who uses a name or picture of an individual in a report of news
  to the public or an advertisement for that report.
  [Chapters 722-760 reserved for expansion]
  SUBTITLE B. MARKETING PRACTICES
  CHAPTER 761. CREDIT CARD MARKETING AT POSTSECONDARY EDUCATIONAL
  INSTITUTIONS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 761.001.  DEFINITIONS. In this chapter:
               (1)  "Campus credit card marketing activity":
                     (A)  means any activity:
                           (i)  conducted by an agent or employee of a
  credit card issuer on the campus of a postsecondary educational
  institution; and
                           (ii)  designed to encourage and enable
  students to apply for a credit card; and
                     (B)  includes the act of placing on the campus a
  display or poster together with a form that can be returned to the
  credit card issuer as a credit card application, even if an employee
  or agent of the credit card issuer is not present at the display.
               (2)  "Credit card" means a card or device issued under
  an agreement by which the issuer gives to a cardholder the right to
  obtain credit from the issuer or another person.
               (3)  "Credit card issuer" means a lender, including a
  financial institution, or a merchant that receives applications and
  issues credit cards to individuals.
               (4)  "Governing board" means the body charged with
  policy direction of any postsecondary educational institution,
  including a board of directors, a board of regents, a board of
  trustees, and an independent school district board that is charged
  with policy direction of a public junior college.
               (5)  "Postsecondary educational institution" means:
                     (A)  an institution of higher education as defined
  by Section 61.003, Education Code;
                     (B)  a private or independent institution of
  higher education as defined by Section 61.003, Education Code; or
                     (C)  a private postsecondary educational
  institution as defined by Section 61.302, Education Code.
  [Sections 761.002-761.050 reserved for expansion]
  SUBCHAPTER B. PROHIBITED CONDUCT
         Sec. 761.051.  CAMPUS CREDIT CARD MARKETING ACTIVITY OUTSIDE
  DESIGNATED LOCATION OR TIME PROHIBITED. (a)  A credit card issuer
  may not engage in campus credit card marketing activities:
               (1)  outside of a campus location designated by the
  governing board of the postsecondary educational institution for
  that purpose in accordance with Subsection (b); or
               (2)  at a time other than a time designated by the
  governing board in accordance with Subsection (b).
         (b)  The governing board of a postsecondary educational
  institution may designate:
               (1)  one or more locations on campus where a credit card
  issuer may engage in campus credit card marketing activities; and
               (2)  one or more times during which a credit card issuer
  may engage in campus credit card marketing activities.
         Sec. 761.052.  RESTRICTION ON GIFTS OR INCENTIVES FOR
  COMPLETING CREDIT CARD APPLICATION. A credit card issuer may not
  offer a gift or other incentive in exchange for the completion of a
  credit card application as part of a campus credit card marketing
  activity unless the credit card issuer, at the time the credit card
  issuer provides a credit card application to an individual,
  provides financial educational material developed under Section
  761.101 to the individual.
  [Sections 761.053-761.100 reserved for expansion]
  SUBCHAPTER C. EDUCATIONAL MATERIAL AND SESSIONS
         Sec. 761.101.  CREDIT CARD ISSUER TO DEVELOP FINANCIAL
  EDUCATIONAL MATERIAL. A credit card issuer who conducts campus
  credit card marketing activities shall develop financial
  educational material in consultation with or subject to approval by
  the postsecondary educational institution. The financial
  educational material must include a clear and practical explanation
  of:
               (1)  effective money management skills, including how
  to develop and maintain a budget;
               (2)  key financial terms and phrases related to credit
  cards and personal debt management;
               (3)  credit educational materials and programs offered
  by the credit card issuer that are available to student cardholders
  after they have opened an account;
               (4)  resources to assist students in understanding
  credit reports and credit scores and the consequences of
  irresponsible credit card use; and
               (5)  the importance of responsible credit practices,
  including timely paying the minimum amount due each month and
  reducing costs by paying as much of the balance as possible.
         Sec. 761.102.  CREDIT CARD ISSUER TO PROVIDE FINANCIAL
  EDUCATIONAL MATERIAL. A credit card issuer that conducts campus
  credit card marketing activities shall:
               (1)  during the time that the credit card issuer
  conducts the credit card marketing activity on the campus, make
  available to students, on the campus, financial educational
  material developed under Section 761.101;
               (2)  make financial educational material similar to
  material developed under Section 761.101 available on the Internet;
  and
               (3)  provide to a student to whom a credit card is
  issued, at the time the credit card is provided to the student,
  financial educational material developed under Section 761.101.
         Sec. 761.103.  CREDIT CARD AND DEBT EDUCATION AT NEW STUDENT
  ORIENTATION. The governing board of a postsecondary educational
  institution that has designated a location for campus credit card
  marketing activities under Section 761.051(b) shall also adopt a
  policy requiring a credit card and debt education and counseling
  session to be included in any orientation program for new students.
  The postsecondary educational institution may use existing
  educational materials prepared by nonprofit entities for purposes
  of the credit card and debt education and counseling session.
  [Sections 761.104-761.150 reserved for expansion]
  SUBCHAPTER D. ENFORCEMENT PROVISIONS
         Sec. 761.151.  CIVIL PENALTY. A person who intentionally
  violates this chapter is liable to the state for a civil penalty in
  an amount not to exceed $2,500 for each violation. The attorney
  general or the prosecuting attorney in the county in which the
  violation occurs may bring suit to recover the civil penalty
  imposed under this section.
         (b)  Section 35.64, Business & Commerce Code, as added by
  Section 1, Chapter 182 (S.B. 277), Acts of the 80th Legislature,
  Regular Session, 2007, is repealed.
         (c)  Subchapter L, Chapter 35, Business & Commerce Code, as
  added by Section 1, Chapter 130 (H.B. 85), Acts of the 80th
  Legislature, Regular Session, 2007, is repealed.
  ARTICLE 5. CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE
         SECTION 5.001.  Section 15.0181(b), Civil Practice and
  Remedies Code, is amended to correct a cross-reference to read as
  follows:
         (b)  This section applies only to suits brought under the
  Jones Act (46 U.S.C. Section 30104 [688]).
         SECTION 5.002.  Section 64.091, Civil Practice and Remedies
  Code, is reenacted and amended to read as follows:
         Sec. 64.091.  RECEIVER FOR MINERAL INTERESTS OWNED BY
  NONRESIDENT OR ABSENTEE. (a)  The purpose of this section is to
  encourage the exploration and development of mineral resources.
         (b)  In the following actions, a district court may appoint a
  receiver for the mineral interest or leasehold interest under a
  mineral lease owned by a nonresident or absent defendant:
               (1)  an action that is brought by a person claiming or
  owning an undivided mineral interest in land in this state or an
  undivided leasehold interest under a mineral lease of land in this
  state and that has one or more defendants who have, claim, or own an
  undivided mineral interest in the same property; or
               (2)  an action that is brought by a person claiming or
  owning an undivided leasehold interest under a mineral lease of
  land in this state and that has one or more defendants who have,
  claim, or own an undivided leasehold interest under a mineral lease
  of the same property.
         (b-1) [(b)]  The defendant for whom the receiver is sought
  must:
               (1)  be a person whose residence or identity is unknown
  or a nonresident; and
               (2)  have not paid taxes on the interest or rendered it
  for taxes during the five-year period immediately preceding the
  filing of the action.
         (c)  The plaintiff in the action must allege by verified
  petition and prove that he:
               (1)  has made a diligent but unsuccessful effort to
  locate the defendant; and
               (2)  will suffer substantial damage or injury unless
  the receiver is appointed.
         (d)  In an action under Subsection (b)(1):
               (1)  the plaintiff, in the verified petition, must name
  the last known owner or the last record owner of the interest as
  defendant;
               (2)  the plaintiff must serve notice on the defendant
  by publication as provided by the Texas Rules of Civil Procedure;
               (3)  the court may appoint as receiver the county judge
  and his successors, the county clerk and his successors, or any
  other resident of the county in which the land is located;
               (4)  notwithstanding the Texas Rules of Civil
  Procedure, the applicant is not required to post bond; and
               (5)  the receiver is not required to post bond.
         (e)  A receivership created under this subchapter continues
  as long as the defendant or his heirs, assigns, or personal
  representatives fail to appear in court in person or by agent or
  attorney to claim the defendant's interest.
         (f)  As ordered by the court, the receiver shall immediately:
               (1)  execute and deliver to a lessee or successive
  lessees mineral leases on the outstanding undivided mineral
  interests;
               (2)  execute and deliver to a lessee or successive
  lessees an assignment of the outstanding undivided leasehold
  interest; and
               (3)  enter into a unitization agreement authorized by
  the Railroad Commission of Texas.
         (g)  A lease executed by a receiver under this section may
  authorize the lessee to pool and unitize land subject to the lease
  with adjacent land into a unit not to exceed 160 acres for an oil
  well or 640 acres for a gas well plus 10 percent tolerance or into a
  unit that substantially conforms to a larger unit prescribed or
  permitted by governmental rule.
         (h)  Money consideration paid for the execution of a lease,
  assignment, or unitization agreement by the receiver must be paid
  to the clerk of the court in which the case is pending before the
  receiver executes the instrument. The court shall apply the money
  to the costs accruing in the case and retain any balance for the use
  and benefit of the nonresident or person of unknown residence who
  owns the mineral or leasehold interest. Payments made at a later
  time under the lease, assignment, or unitization agreement shall be
  paid into the registry of the court and impounded for the use and
  benefit of the owner of the mineral or leasehold interest.
         (i)  This section is cumulative of other laws relating to
  removal of a cloud from title or appointment of a receiver.
         (j)  In this section:
               (1)  "Mineral lease" includes any lease of oil, gas, or
  other minerals that contains provisions necessary or incident to
  the orderly exploration, development, and recovery of oil, gas, or
  other minerals.
               (2)  "Leasehold interest" includes ownership created
  under a mineral lease or carved out of a leasehold estate granted
  under a mineral lease, including production payments, overriding
  royalty interests, and working interests.
               (3)  "Lessee" includes an assignee under an assignment
  of a mineral lease.
         (k)  To the extent that Subsection (d)(2) conflicts with the
  Texas Rules of Civil Procedure, Subsection (d)(2) controls.
  Notwithstanding Section 22.004, Government Code, the supreme court
  may not amend or adopt rules in conflict with Subsection (d)(2).
         SECTION 5.003.  Section 103.051(a), Civil Practice and
  Remedies Code, as amended by Chapters 1190 (H.B. 814) and 1388 (S.B.
  1719), Acts of the 80th Legislature, Regular Session, 2007, is
  reenacted and amended to read as follows:
         (a)  To apply for compensation under this subchapter, the
  claimant must file with the comptroller's judiciary section:
               (1)  an application for compensation provided for that
  purpose by the comptroller;
               (2)  a verified copy of the pardon or court order
  justifying the application for compensation; [and]
               (3)  a statement provided by the Texas Department of
  Criminal Justice verifying the length of incarceration; and
               (4) [(5)]  if the claimant is applying for compensation
  under Section 103.052(a)(2), a certified copy of each child support
  order under which child support payments became due during the time
  the claimant served in prison and copies of the official child
  support payment records described by Section 234.009, Family Code,
  for that period.
         SECTION 5.004.  Section 125.0015(a), Civil Practice and
  Remedies Code, as amended by Chapters 593 (H.B. 8) and 1399 (H.B.
  2644), Acts of the 80th Legislature, Regular Session, 2007, is
  reenacted and amended to read as follows:
         (a)   A person who maintains a place to which persons
  habitually go for the following purposes and who knowingly
  tolerates the activity and furthermore fails to make reasonable
  attempts to abate the activity maintains a common nuisance:
               (1)  discharge of a firearm in a public place as
  prohibited by the Penal Code;
               (2)  reckless discharge of a firearm as prohibited by
  the Penal Code;
               (3)  engaging in organized criminal activity as a
  member of a combination as prohibited by the Penal Code;
               (4)  delivery, possession, manufacture, or use of a
  controlled substance in violation of Chapter 481, Health and Safety
  Code;
               (5)  gambling, gambling promotion, or communicating
  gambling information as prohibited by the Penal Code;
               (6)  prostitution, promotion of prostitution, or
  aggravated promotion of prostitution as prohibited by the Penal
  Code;
               (7)  compelling prostitution as prohibited by the Penal
  Code;
               (8)  commercial manufacture, commercial distribution,
  or commercial exhibition of obscene material as prohibited by the
  Penal Code;
               (9)  aggravated assault as described by Section 22.02,
  Penal Code;
               (10)  sexual assault as described by Section 22.011,
  Penal Code;
               (11)  aggravated sexual assault as described by Section
  22.021, Penal Code;
               (12)  robbery as described by Section 29.02, Penal
  Code;
               (13)  aggravated robbery as described by Section 29.03,
  Penal Code;
               (14)  unlawfully carrying a weapon as described by
  Section 46.02, Penal Code;
               (15)  murder as described by Section 19.02, Penal Code;
               (16)  capital murder as described by Section 19.03,
  Penal Code; [or]
               (17)  continuous sexual abuse of young child or
  children as described by Section 21.02, Penal Code; or
               (18) [(17)]  massage therapy or other massage services
  in violation of Chapter 455, Occupations Code.
         SECTION 5.005.  Section 155.001, Civil Practice and Remedies
  Code, is amended to add a heading to read as follows:
         Sec. 155.001.  SETTLEMENT WEEKS REQUIRED. In every county
  with a population of 150,000 or greater there shall be a settlement
  week during law week and judicial conference week each year or
  during any other two weeks as the administrative judge of each
  judicial district may designate. During these weeks the district
  courts, constitutional and statutory county courts, and the family
  law courts will facilitate the voluntary settlement of civil and
  family law cases.
         SECTION 5.006.  Section 155.002, Civil Practice and Remedies
  Code, is amended to add a heading to read as follows:
         Sec. 155.002.  SETTLEMENT WEEK COMMITTEE. The
  administrative judge of each judicial district shall appoint a
  committee of attorneys and lay persons to effectuate each
  settlement week. The committee may include the director of any
  established mediation or alternative dispute resolution center in
  the county and the chairperson of the local bar association's
  committee on alternative dispute resolution.
         SECTION 5.007.  Section 155.003, Civil Practice and Remedies
  Code, is amended to add a heading and correct a reference to read as
  follows:
         Sec. 155.003.  ATTORNEY TO SERVE AS MEDIATOR. Any attorney
  currently licensed in the state may serve as mediator during the
  settlement weeks under such terms and conditions and with such
  training as may be determined by the administrative judge of the
  judicial district. Any such attorney so appointed by the court must
  meet the qualifications and will be governed by the rules of conduct
  set forth in Sections 154.052 and 154.053 [of this code]. Any
  attorney so requested by the administrative judge of the judicial
  district shall serve as a mediator during the settlement weeks.
         SECTION 5.008.  Section 155.004, Civil Practice and Remedies
  Code, is amended to add a heading and correct a reference to read as
  follows:
         Sec. 155.004.  APPLICATION OF CERTAIN ALTERNATE DISPUTE
  RESOLUTION PROCEDURES. The provisions of Sections 154.021 through
  154.023, 154.053, 154.054, and 154.071 through 154.073 [of this
  code] shall apply to parties and mediators participating in
  settlement weeks held under this chapter.
         SECTION 5.009.  Section 155.005, Civil Practice and Remedies
  Code, is amended to add a heading to read as follows:
         Sec. 155.005.  AUTHORITY OF COURT. Each court participating
  in settlement weeks under this chapter shall have the authority to
  make orders needed, consistent with existing law, to implement
  settlement weeks and ensure any party's good faith participation.
         SECTION 5.010.  Section 155.006, Civil Practice and Remedies
  Code, is amended to add a heading to read as follows:
         Sec. 155.006.  FUNDING; COOPERATION WITH OTHER
  ORGANIZATIONS. The administrative judge may use any available
  funding from funds regularly used for court administration to carry
  out the purpose and intent of this chapter. The administrative
  judge shall cooperate with the director of any established
  mediation or alternative dispute resolution center, the local bar,
  and other organizations to encourage participation and to develop
  public awareness of settlement weeks.
  ARTICLE 6. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
         SECTION 6.001.  Article 12.01, Code of Criminal Procedure,
  as amended by Chapters 285 (H.B. 716), 593 (H.B. 8), 640 (H.B. 887),
  and 841 (H.B. 959), Acts of the 80th Legislature, Regular Session,
  2007, is reenacted and amended to read as follows:
         Art. 12.01.  FELONIES.  Except as provided in Article 12.03,
  felony indictments may be presented within these limits, and not
  afterward:
               (1)  no limitation:
                     (A)  murder and manslaughter;
                     (B)  sexual assault under Section 22.011(a)(2),
  Penal Code, or aggravated sexual assault under Section
  22.021(a)(1)(B), Penal Code;
                     (C)  sexual assault, if during the investigation
  of the offense biological matter is collected and subjected to
  forensic DNA testing and the testing results show that the matter
  does not match the victim or any other person whose identity is
  readily ascertained;
                     (D)  continuous sexual abuse of young child or
  children under Section 21.02, Penal Code;
                     (E)  indecency with a child under Section 21.11,
  Penal Code; or
                     (F)  an offense involving leaving the scene of an
  accident under Section 550.021, Transportation Code, if the
  accident resulted in the death of a person;
               (2)  ten years from the date of the commission of the
  offense:
                     (A)  theft of any estate, real, personal or mixed,
  by an executor, administrator, guardian or trustee, with intent to
  defraud any creditor, heir, legatee, ward, distributee,
  beneficiary or settlor of a trust interested in such estate;
                     (B)  theft by a public servant of government
  property over which he exercises control in his official capacity;
                     (C)  forgery or the uttering, using or passing of
  forged instruments;
                     (D)  injury to an elderly or disabled individual
  punishable as a felony of the first degree under Section 22.04,
  Penal Code;
                     (E)  sexual assault, except as provided by
  Subdivision (1) [or (5)]; or
                     (F)  arson;
               (3)  seven years from the date of the commission of the
  offense:
                     (A)  misapplication of fiduciary property or
  property of a financial institution;
                     (B)  securing execution of document by deception;
                     (C)  a violation under Sections 162.403(22)-(39),
  Tax Code;
                     (D)  false statement to obtain property or credit
  under Section 32.32, Penal Code;
                     (E)  money laundering;
                     (F) [(D)]  credit card or debit card abuse under
  Section 32.31, Penal Code; or
                     (G) [(F)]  fraudulent use or possession of
  identifying information under Section 32.51, Penal Code;
               (4)  five years from the date of the commission of the
  offense:
                     (A)  theft or robbery;
                     (B)  except as provided by Subdivision (5),
  kidnapping or burglary;
                     (C)  injury to an elderly or disabled individual
  that is not punishable as a felony of the first degree under Section
  22.04, Penal Code;
                     (D)  abandoning or endangering a child; or
                     (E)  insurance fraud;
               (5)  if the investigation of the offense shows that the
  victim is younger than 17 years of age at the time the offense is
  committed, 20 years from the 18th birthday of the victim of one of
  the following offenses:
                     (A)  sexual performance by a child under Section
  43.25, Penal Code;
                     (B)  aggravated kidnapping under Section
  20.04(a)(4), Penal Code, if the defendant committed the offense
  with the intent to violate or abuse the victim sexually; or
                     (C)  burglary under Section 30.02, Penal Code, if
  the offense is punishable under Subsection (d) of that section and
  the defendant committed the offense with the intent to commit an
  offense described by Subdivision (1)(B) or (D) of this article or
  Paragraph (B) of this subdivision; [or]
               (6) [(5)]  ten years from the 18th birthday of the
  victim of the offense:
                     [(A)     indecency with a child under Section
  21.11(a)(1) or (2), Penal Code;
                     [(B)     except as provided by Subdivision (1),
  sexual assault under Section 22.011(a)(2), Penal Code, or
  aggravated sexual assault under Section 22.021(a)(1)(B), Penal
  Code; or
                     [(C)]  injury to a child under Section 22.04,
  Penal Code; or
               (7) [(6)]  three years from the date of the commission
  of the offense: all other felonies.
         SECTION 6.002.  Article 15.27(c), Code of Criminal
  Procedure, as amended by Chapters 492 (S.B. 230) and 1240 (H.B.
  2427), Acts of the 80th Legislature, Regular Session, 2007, is
  reenacted to read as follows:
         (c)  A parole, probation, or community supervision office,
  including a community supervision and corrections department, a
  juvenile probation department, the paroles division of the Texas
  Department of Criminal Justice, and the Texas Youth Commission,
  having jurisdiction over a student described by Subsection (a),
  (b), or (e) who transfers from a school or is subsequently removed
  from a school and later returned to a school or school district
  other than the one the student was enrolled in when the arrest,
  referral to a juvenile court, conviction, or adjudication occurred
  shall within 24 hours of learning of the student's transfer or
  reenrollment notify the superintendent or a person designated by
  the superintendent of the school district to which the student
  transfers or is returned or, in the case of a private school, the
  principal or a school employee designated by the principal of the
  school to which the student transfers or is returned of the arrest
  or referral in a manner similar to that provided for by Subsection
  (a) or (e)(1), or of the conviction or delinquent adjudication in a
  manner similar to that provided for by Subsection (b) or (e)(2).
  The superintendent of the school district to which the student
  transfers or is returned or, in the case of a private school, the
  principal of the school to which the student transfers or is
  returned shall, within 24 hours of receiving notification under
  this subsection, notify all instructional and support personnel who
  have regular contact with the student.
         SECTION 6.003.  Section 3g(a), Article 42.12, Code of
  Criminal Procedure, as amended by Chapters 405 (S.B. 877) and 593
  (H.B. 8), Acts of the 80th Legislature, Regular Session, 2007, is
  reenacted and amended to read as follows:
         (a)  The provisions of Section 3 of this article do not
  apply:
               (1)  to a defendant adjudged guilty of an offense
  under:
                     (A)  Section 19.02, Penal Code (Murder);
                     (B)  Section 19.03, Penal Code (Capital murder);
                     (C)  Section 21.11(a)(1), Penal Code (Indecency
  with a child);
                     (D)  Section 20.04, Penal Code (Aggravated
  kidnapping);
                     (E)  Section 22.021, Penal Code (Aggravated
  sexual assault);
                     (F)  Section 29.03, Penal Code (Aggravated
  robbery);
                     (G)  Chapter 481, Health and Safety Code, for
  which punishment is increased under:
                           (i)  Section 481.140, Health and Safety
  Code; or
                           (ii)  Section 481.134(c), (d), (e), or (f),
  Health and Safety Code, if it is shown that the defendant has been
  previously convicted of an offense for which punishment was
  increased under any of those subsections;
                     (H)  Section 22.011, Penal Code (Sexual assault);
  [or]
                     (I)  Section 22.04(a)(1), Penal Code (Injury to a
  child, elderly individual, or disabled individual), if the offense
  is punishable as a felony of the first degree and the victim of the
  offense is a child; or
                     (J) [(I)]  Section 43.25, Penal Code (Sexual
  performance by a child); or
               (2)  to a defendant when it is shown that a deadly
  weapon as defined in Section 1.07, Penal Code, was used or exhibited
  during the commission of a felony offense or during immediate
  flight therefrom, and that the defendant used or exhibited the
  deadly weapon or was a party to the offense and knew that a deadly
  weapon would be used or exhibited. On an affirmative finding under
  this subdivision, the trial court shall enter the finding in the
  judgment of the court. On an affirmative finding that the deadly
  weapon was a firearm, the court shall enter that finding in its
  judgment.
         SECTION 6.004.  Section 4(d), Article 42.12, Code of
  Criminal Procedure, as amended by Chapters 593 (H.B. 8) and 1205
  (H.B. 1678), Acts of the 80th Legislature, Regular Session, 2007,
  is reenacted and amended to read as follows:
         (d)  A defendant is not eligible for community supervision
  under this section if the defendant:
               (1)  is sentenced to a term of imprisonment that
  exceeds 10 years;
               (2)  is convicted of a state jail felony for which
  suspension of the imposition of the sentence occurs automatically
  under Section 15(a);
               (3)  does not file a sworn motion under Subsection (e)
  of this section or for whom the jury does not enter in the verdict a
  finding that the information contained in the motion is true;
               (4)  is convicted of an offense for which punishment is
  increased under Section 481.134(c), (d), (e), or (f), Health and
  Safety Code, if it is shown that the defendant has been previously
  convicted of an offense for which punishment was increased under
  any one of those subsections;
               (5)  is convicted of an offense listed in Section
  3g(a)(1)(C), (E), or (H), if the victim of the offense was younger
  than 14 years of age at the time the offense was committed;
               (6)  is convicted of an offense listed in Section
  3g(a)(1)(D), if the victim of the offense was younger than 14 years
  of age at the time the offense was committed and the actor committed
  the offense with the intent to violate or abuse the victim sexually;
  [or]
               (7)  is convicted of an offense listed in Section
  3g(a)(1)(J); or
               (8)  [3g(a)(1)(I)] is adjudged guilty of an offense
  under Section 19.02, Penal Code.
         SECTION 6.005.  Section 22(a), Article 42.12, Code of
  Criminal Procedure, is amended to correct a reference to read as
  follows:
         (a)  If after a hearing under Section 21 of this article a
  judge continues or modifies community supervision after
  determining that the defendant violated a condition of community
  supervision, the judge may impose any other conditions the judge
  determines are appropriate, including:
               (1)  a requirement that the defendant perform community
  service for a number of hours specified by the court under Section
  16 of this article, or an increase in the number of hours that the
  defendant has previously been required to perform under those
  sections in an amount not to exceed double the number of hours
  permitted by Section 16;
               (2)  an increase in the period of community
  supervision, in the manner described by Subsection (c) [(b)] of
  this section;
               (3)  an increase in the defendant's fine, in the manner
  described by Subsection (d) of this section; or
               (4)  the placement of the defendant in a substance
  abuse felony punishment program operated under Section 493.009,
  Government Code, if:
                     (A)  the defendant is convicted of a felony other
  than:
                           (i)  a felony under Section 21.11, 22.011,
  or 22.021, Penal Code; or
                           (ii)  criminal attempt of a felony under
  Section 21.11, 22.011, or 22.021, Penal Code; and
                     (B)  the judge makes an affirmative finding that:
                           (i)  drug or alcohol abuse significantly
  contributed to the commission of the crime or violation of
  community supervision; and
                           (ii)  the defendant is a suitable candidate
  for treatment, as determined by the suitability criteria
  established by the Texas Board of Criminal Justice under Section
  493.009(b), Government Code.
         SECTION 6.006.  Article 59.01(2), Code of Criminal
  Procedure, as amended by Chapters 127 (S.B. 1614), 822 (H.B. 73),
  and 885 (H.B. 2278), Acts of the 80th Legislature, Regular Session,
  2007, is reenacted and is amended to correct a reference to read as
  follows:
               (2)  "Contraband" means property of any nature,
  including real, personal, tangible, or intangible, that is:
                     (A)  used in the commission of:
                           (i)  any first or second degree felony under
  the Penal Code;
                           (ii)  any felony under Section 15.031(b),
  20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30,
  31, 32, 33, 33A, or 35, Penal Code;
                           (iii)  any felony under The Securities Act
  (Article 581-1 et seq., Vernon's Texas Civil Statutes); or
                           (iv)  any offense under Chapter 49, Penal
  Code, that is punishable as a felony of the third degree or state
  jail felony, if the defendant has been previously convicted three
  times of an offense under that chapter;
                     (B)  used or intended to be used in the commission
  of:
                           (i)  any felony under Chapter 481, Health
  and Safety Code (Texas Controlled Substances Act);
                           (ii)  any felony under Chapter 483, Health
  and Safety Code;
                           (iii)  a felony under Chapter 153, Finance
  Code;
                           (iv)  any felony under Chapter 34, Penal
  Code;
                           (v)  a Class A misdemeanor under Subchapter
  B, Chapter 365, Health and Safety Code, if the defendant has been
  previously convicted twice of an offense under that subchapter;
                           (vi)  any felony under Chapter 152, Finance
  Code;
                           (vii)  any felony under Chapter 32, Human
  Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
  involves the state Medicaid program;
                           (viii)  a Class B misdemeanor under Chapter
  522, Business & Commerce Code; or
                           (ix)  a Class A misdemeanor under Section
  306.051 [35.153], Business & Commerce Code;
                     (C)  the proceeds gained from the commission of a
  felony listed in Paragraph (A) or (B) of this subdivision, a
  misdemeanor listed in Paragraph (B)(viii) of this subdivision, or a
  crime of violence;
                     (D)  acquired with proceeds gained from the
  commission of a felony listed in Paragraph (A) or (B) of this
  subdivision, a misdemeanor listed in Paragraph (B)(viii) of this
  subdivision, or a crime of violence; or
                     (E)  used to facilitate or intended to be used to
  facilitate the commission of a felony under Section 15.031 or
  43.25, Penal Code.
         SECTION 6.007.  Article 61.06(c), Code of Criminal
  Procedure, as amended by Chapters 258 (S.B. 111), 263 (S.B. 103),
  and 1308 (S.B. 1909), Acts of the 80th Legislature, Regular
  Session, 2007, is reenacted to read as follows:
         (c)  In determining whether information is required to be
  removed from an intelligence database under Subsection (b), the
  three-year period does not include any period during which the
  individual who is the subject of the information is:
               (1)  confined in a correctional facility operated by or
  under contract with the Texas Department of Criminal Justice;
               (2)  committed to a secure correctional facility
  operated by or under contract with the Texas Youth Commission, as
  defined by Section 51.02, Family Code; or
               (3)  confined in a county jail or confined in or
  committed to a facility operated by a juvenile board in lieu of
  being confined in a correctional facility operated by or under
  contract with the Texas Department of Criminal Justice or being
  committed to a secure correctional facility operated by or under
  contract with the Texas Youth Commission.
         SECTION 6.008.  Article 102.011(a), Code of Criminal
  Procedure, as amended by Sections 20 and 21, Chapter 1263 (H.B.
  3060), Acts of the 80th Legislature, Regular Session, 2007, is
  reenacted to read as follows:
         (a)  A defendant convicted of a felony or a misdemeanor shall
  pay the following fees for services performed in the case by a peace
  officer:
               (1)  $5 for issuing a written notice to appear in court
  following the defendant's violation of a traffic law, municipal
  ordinance, or penal law of this state, or for making an arrest
  without a warrant;
               (2)  $50 for executing or processing an issued arrest
  warrant, capias, or capias pro fine with the fee imposed for the
  services of:
                     (A)  the law enforcement agency that executed the
  arrest warrant or capias, if the agency requests of the court, not
  later than the 15th day after the date of the execution of the
  arrest warrant or capias, the imposition of the fee on conviction;
  or
                     (B)  the law enforcement agency that processed the
  arrest warrant or capias, if:
                           (i)  the arrest warrant or capias was not
  executed; or
                           (ii)  the executing law enforcement agency
  failed to request the fee within the period required by Paragraph
  (A) of this subdivision;
               (3)  $5 for summoning a witness;
               (4)  $35 for serving a writ not otherwise listed in this
  article;
               (5)  $10 for taking and approving a bond and, if
  necessary, returning the bond to the courthouse;
               (6)  $5 for commitment or release;
               (7)  $5 for summoning a jury, if a jury is summoned; and
               (8)  $8 for each day's attendance of a prisoner in a
  habeas corpus case if the prisoner has been remanded to custody or
  held to bail.
  ARTICLE 7. CHANGES RELATING TO EDUCATION CODE
         SECTION 7.001.  Section 21.511, Education Code, is amended
  to add a heading to read as follows:
         Sec. 21.511.  RULES. The commissioner shall adopt rules to
  implement this subchapter.
         SECTION 7.002.  (a)  Section 25.087(c), Education Code, as
  added by Chapter 660 (H.B. 1187), Acts of the 80th Legislature,
  Regular Session, 2007, is amended to read as follows:
         (c)  A school district may excuse a student in grades 6
  through 12 for the purpose of sounding "Taps" at a military honors
  funeral held in this state for a deceased veteran. [A student whose
  absence is excused under this subsection may not be penalized for
  that absence and shall be counted as if the student attended school
  for purposes of calculating the average daily attendance of
  students in the school district.     A student whose absence is
  excused under this subsection shall be allowed a reasonable time to
  make up school work missed on those days.     If the student
  satisfactorily completes the school work, the day of absence shall
  be counted as a day of compulsory attendance.]
         (b)  Section 25.087(c), Education Code, as added by Chapter
  479 (H.B. 2455), Acts of the 80th Legislature, Regular Session,
  2007, is relettered as Subsection (d) and amended to read as
  follows:
         (d) [(c)]  A student whose absence is excused under
  Subsection (b) or (c) may not be penalized for that absence and
  shall be counted as if the student attended school for purposes of
  calculating the average daily attendance of students in the school
  district.  A student whose absence is excused under Subsection (b)
  or (c) shall be allowed a reasonable time to make up school work
  missed on those days.  If the student satisfactorily completes the
  school work, the day of absence shall be counted as a day of
  compulsory attendance.
         SECTION 7.003.  Section 25.0951(a), Education Code, as
  amended by Chapters 908 (H.B. 2884) and 984 (S.B. 1161), Acts of the
  80th Legislature, Regular Session, 2007, is reenacted to read as
  follows:
         (a)  If a student fails to attend school without excuse on 10
  or more days or parts of days within a six-month period in the same
  school year, a school district shall within 10 school days of the
  student's 10th absence:
               (1)  file a complaint against the student or the
  student's parent or both in a county, justice, or municipal court
  for an offense under Section 25.093 or 25.094, as appropriate, or
  refer the student to a juvenile court in a county with a population
  of less than 100,000 for conduct that violates Section 25.094; or
               (2)  refer the student to a juvenile court for conduct
  indicating a need for supervision under Section 51.03(b)(2), Family
  Code.
         SECTION 7.004.  (a)  Section 33.085, Education Code, is
  transferred to Subchapter A, Chapter 38, Education Code, and
  redesignated as Section 38.024, Education Code.
         (b)  The heading to Section 38.024, Education Code, as
  redesignated from Section 33.085, Education Code, by Subsection (a)
  of this section, is amended to read as follows:
         Sec. 38.024 [33.085].  INSURANCE AGAINST STUDENT INJURIES
  [FOR CERTAIN SCHOOL ACTIVITIES].
         SECTION 7.005.  Section 37.203(a), Education Code, as
  amended by Chapters 258 (S.B. 11) and 263 (S.B. 103), Acts of the
  80th Legislature, Regular Session, 2007, is reenacted to read as
  follows:
         (a)  The center is advised by a board of directors composed
  of:
               (1)  the attorney general, or the attorney general's
  designee;
               (2)  the commissioner, or the commissioner's designee;
               (3)  the executive director of the Texas Juvenile
  Probation Commission, or the executive director's designee;
               (4)  the executive commissioner of the Texas Youth
  Commission, or the executive commissioner's designee;
               (5)  the commissioner of the Department of State Health
  Services, or the commissioner's designee;
               (6)  the commissioner of higher education, or the
  commissioner's designee; and
               (7)  the following members appointed by the governor
  with the advice and consent of the senate:
                     (A)  a juvenile court judge;
                     (B)  a member of a school district's board of
  trustees;
                     (C)  an administrator of a public primary school;
                     (D)  an administrator of a public secondary
  school;
                     (E)  a member of the state parent-teacher
  association;
                     (F)  a teacher from a public primary or secondary
  school;
                     (G)  a public school superintendent who is a
  member of the Texas Association of School Administrators;
                     (H)  a school district police officer or a peace
  officer whose primary duty consists of working in a public school;
  and
                     (I)  two members of the public.
         SECTION 7.006.  Effective September 1, 2010, Section
  42.302(a-1), Education Code, as amended by Chapters 19 (H.B. 5) and
  1191 (H.B. 828), Acts of the 80th Legislature, Regular Session,
  2007, is reenacted to read as follows:
         (a-1)  In this section, "wealth per student" has the meaning
  assigned by Section 41.001. For purposes of Subsection (a), the
  dollar amount guaranteed level of state and local funds per
  weighted student per cent of tax effort ("GL") for a school district
  is:
               (1)  the amount of district tax revenue per weighted
  student per cent of tax effort available to a district at the 88th
  percentile in wealth per student, as determined by the commissioner
  in cooperation with the Legislative Budget Board, for the
  district's maintenance and operations tax effort equal to or less
  than the rate equal to the product of the state compression
  percentage, as determined under Section 42.2516, multiplied by the
  maintenance and operations tax rate adopted by the district for the
  2005 tax year;
               (2)  the greater of the amount of district tax revenue
  per weighted student per cent of tax effort that would be available
  to the Austin Independent School District, as determined by the
  commissioner in cooperation with the Legislative Budget Board, if
  the reduction of the limitation on tax increases as provided by
  Section 11.26(a-1), (a-2), or (a-3), Tax Code, did not apply, or the
  amount of district tax revenue per weighted student per cent of tax
  effort used for purposes of this subdivision in the preceding
  school year, for the first six cents by which the district's
  maintenance and operations tax rate exceeds the rate equal to the
  product of the state compression percentage, as determined under
  Section 42.2516, multiplied by the maintenance and operations tax
  rate adopted by the district for the 2005 tax year; and
               (3)  $31.95, for the district's maintenance and
  operations tax effort that exceeds the amount of tax effort
  described by Subdivision (2).
         SECTION 7.007.  Section 46.061, Education Code, is amended
  to add a heading to read as follows:
         Sec. 46.061.  STATE ASSISTANCE FOR REFINANCING. (a)  The
  commissioner by rule may provide for the payment of state
  assistance under this chapter to refinance school district debt. A
  refinancing may not increase the cost to the state of providing the
  assistance.
         (b)  The commissioner may allocate state assistance provided
  for a refinancing to Subchapter A, Subchapter B, or both, as
  appropriate.
         SECTION 7.008.  Section 51.807, Education Code, as amended
  by Chapters 941 (H.B. 3826) and 1369 (H.B. 3851), Acts of the 80th
  Legislature, Regular Session, 2007, is reenacted to read as
  follows:
         Sec. 51.807.  RULEMAKING. (a)  To ensure a uniform standard
  for admissions under this subchapter, the Texas Higher Education
  Coordinating Board shall adopt rules establishing a standard method
  for computing a student's high school grade point average. The
  method established under this subsection:
               (1)  must:
                     (A)  be based on a four-point scale; and
                     (B)  assign additional weight for each honors
  course, advanced placement course, international baccalaureate
  course, or dual credit course completed by the student as the board
  considers appropriate, taking into consideration the academic
  rigor of each course completed by the student; and
               (2)  may result in a student having a grade point
  average higher than 4.0 on a four-point scale as a result of the
  assignment of additional weight for one or more courses completed
  by a student under Subdivision (1)(B).
         (b)  The Texas Higher Education Coordinating Board, after
  consulting with the Texas Education Agency, by rule shall establish
  standards for determining for purposes of this subchapter:
               (1)  whether a private high school is accredited by a
  generally recognized accrediting organization; and
               (2)  whether a person completed a high school
  curriculum that is equivalent in content and rigor to the
  curriculum requirements established under Section 28.025 for the
  recommended or advanced high school program.
         (c)  The board may adopt other rules relating to the
  operation of admissions programs under this subchapter, including
  rules relating to the identification of eligible students.
         (d)  The standard method established under Subsection (a)
  for computing a student's high school grade point average applies
  to computing the grade point average of a student applying as a
  first-time freshman for admission to a general academic teaching
  institution beginning with admissions for the 2009 fall semester.
  This subsection expires January 1, 2010.
         SECTION 7.009.  Section 54.204(b), Education Code, as
  amended by Chapters 214 (H.B. 741) and 1318 (S.B. 1233), Acts of the
  80th Legislature, Regular Session, 2007, is reenacted to read as
  follows:
         (b)  The governing board of each institution of higher
  education shall exempt from the payment of all dues, fees, and
  charges any person whose parent is an eligible firefighter or law
  enforcement officer who has suffered an injury, resulting in death
  or disability, sustained in the line of duty according to the
  regulations and criteria then in effect governing the department or
  agency in which the eligible firefighter or law enforcement officer
  volunteered or was employed.  The exemption does not apply to
  general deposits or to fees or charges for lodging, board, or
  clothing.
         SECTION 7.010.  Section 54.765(a), Education Code, is
  amended to correct a cross-reference to read as follows:
         (a)  Except as provided by Subsection (h) [(e)], the
  comptroller is the custodian of the assets of the fund.
         SECTION 7.011.  Section 61.9758(a), Education Code, as added
  by Chapters 889 (H.B. 2426) and 936 (H.B. 3443), Acts of the 80th
  Legislature, Regular Session, 2007, is reenacted to read as
  follows:
         (a)   Each hospital-based nursing education partnership that
  receives a grant under this subchapter shall submit to the board
  narrative and financial reports that include information
  concerning the extent to which during the reporting period the
  partnership has complied with accountability standards established
  by the board.
  ARTICLE 8. CHANGES RELATING TO ELECTION CODE
         SECTION 8.001.  Section 18.005(a), Election Code, as amended
  by Chapters 594 (H.B. 41) and 1295 (S.B. 74), Acts of the 80th
  Legislature, Regular Session, 2007, is reenacted and amended to
  read as follows:
         (a)  Each original and supplemental list of registered
  voters must:
               (1)  contain the voter's name, [residence address or
  substitute post office box address, if required by Section
  18.0051,] date of birth, and registration number as provided by the
  statewide computerized voter registration list;
               (2)  contain the voter's residence address, except as
  provided by Subsections (b) and (c) or Section 18.0051;
               (3)  be arranged alphabetically by voter name; and
               (4)  contain the notation required by Section 15.111.
  ARTICLE 9. CHANGES RELATING TO FAMILY CODE
         SECTION 9.001.  Section 154.062(e), Family Code, as added by
  Chapters 363 (S.B. 303) and 620 (H.B. 448), Acts of the 80th
  Legislature, Regular Session, 2007, is reenacted to read as
  follows:
         (e)  In calculating the amount of the deduction for health
  care coverage for a child under Subsection (d)(5), if the obligor
  has other minor dependents covered under the same health insurance
  plan, the court shall divide the total cost to the obligor for the
  insurance by the total number of minor dependents, including the
  child, covered under the plan.
         SECTION 9.002.  Section 154.183(b), Family Code, as amended
  by Chapters 363 (S.B. 303) and 620 (H.B. 448), Acts of the 80th
  Legislature, Regular Session, 2007, is reenacted and amended to
  read as follows:
         (b)  If the court finds and states in the child support order
  that the obligee will maintain health insurance coverage for the
  child at the obligee's expense, the court shall increase the amount
  of child support to be paid by the obligor in an amount not
  exceeding the actual cost to the obligee for maintaining health
  insurance coverage, as provided under Section 154.182(b-1). [In
  calculating the total expense to the obligee for maintaining health
  insurance for the child under this subsection, if the obligee has
  other minor dependents covered under the same health insurance
  plan, the court shall divide the total expense to the obligee for
  the insurance by the total number of minor dependents, including
  the child, covered under the plan.]
  ARTICLE 10. CHANGES RELATING TO FINANCE CODE
         SECTION 10.001.  Sections 11.309(a) and (b), Finance Code,
  are amended to correct references to read as follows:
         (a)  In this section, "check verification entity" and
  "financial institution" have the meanings assigned by Section
  523.052 [35.595], Business & Commerce Code.
         (b)  The finance commission shall adopt rules:
               (1)  requiring a check verification entity to register
  with the banking commissioner:
                     (A)  at the intervals the finance commission
  determines, but not less frequently than annually; and
                     (B)  by providing to the banking commissioner the
  information that the finance commission determines is necessary to
  enable a financial institution or a check verification entity to
  comply with the requirements of Section 523.052 [35.595], Business &
  Commerce Code;
               (2)  authorizing the banking commissioner to charge a
  check verification entity a reasonable annual fee, not to exceed
  $100, to register with the commissioner; and
               (3)  requiring the banking commissioner to establish an
  electronic notification system, through secure e-mail or another
  secure system, to be used by a financial institution to notify check
  verification entities as required by Section 523.052 [35.595],
  Business & Commerce Code.
         SECTION 10.002.  Section 31.105, Finance Code, as amended by
  Chapters 110 (H.B. 2007) and 237 (H.B. 1962), Acts of the 80th
  Legislature, Regular Session, 2007, is reenacted to read as
  follows:
         Sec. 31.105.  EXAMINATION REQUIRED. (a)  The banking
  commissioner shall examine each state bank annually, or on another
  periodic basis as may be required by rule or policy, or as the
  commissioner considers necessary to:
               (1)  safeguard the interests of depositors, creditors,
  and shareholders; and
               (2)  efficiently enforce applicable law.
         (b)  The banking commissioner may:
               (1)  accept an examination of a state bank by a federal
  or other governmental agency instead of an examination under this
  section; or
               (2)  conduct an examination of a state bank jointly
  with a federal or other governmental agency.
         (c)  The banking commissioner may administer oaths and
  examine persons under oath on any subject that the commissioner
  considers pertinent to the financial condition or the safety and
  soundness of the activities of a state bank.
         (d)  Disclosure of information to the banking commissioner
  pursuant to an examination request does not constitute a waiver of
  or otherwise affect or diminish an evidentiary privilege to which
  the information is otherwise subject. A report of an examination
  under this section is confidential and may be disclosed only under
  the circumstances provided by this subtitle.
         SECTION 10.003.  Section 32.004(c), Finance Code, as amended
  by Chapters 237 (H.B. 1962) and 735 (H.B. 2754), Acts of the 80th
  Legislature, Regular Session, 2007, is reenacted to read as
  follows:
         (c)  Rules adopted under this subtitle may specify the
  confidential or nonconfidential character of information obtained
  or prepared by the department under this chapter. Except as
  provided by Subchapter D, Chapter 31, or in rules regarding
  confidential information, the business plan of the applicant and
  the financial statement of a proposed officer or director are
  confidential and not subject to public disclosure.
         SECTION 10.004.  Section 156.204(a), Finance Code, is
  amended to conform to Section 6, Chapter 905 (H.B. 2783), Acts of
  the 80th Legislature, Regular Session, 2007, and further amended to
  conform to changes in terminology made by Chapter 703 (S.B. 414),
  Acts of the 77th Legislature, Regular Session, 2001, and the
  enactment of Title 13, Insurance Code, to read as follows:
         (a)  To be eligible to be licensed as a mortgage broker as an
  individual, the individual must:
               (1)  be at least 18 years of age;
               (2)  be a citizen of the United States or a lawfully
  admitted alien;
               (3)  maintain a physical office in this state and
  designate that office in the application;
               (4)  provide the commissioner with satisfactory
  evidence that the applicant satisfies one of the following:
                     (A)  the individual [person] has received a
  bachelor's degree in an area relating to finance, banking, or
  business administration from an accredited college or university
  and has 18 months of experience in the mortgage or lending field as
  evidenced by documentary proof of full-time employment as a
  mortgage broker or licensed loan officer with a mortgage broker or
  an individual [a person] exempt under Section 156.202;
                     (B)  the individual [person] is licensed in this
  state as:
                           (i)  an active real estate broker under
  Chapter 1101, Occupations Code;
                           (ii)  an active attorney; or
                           (iii)  a general property and casualty
  insurance agent under Chapter 4051, Insurance Code, [local
  recording agent or insurance solicitor] or an agent for a legal
  reserve life insurance company under Subtitle B, Title 13 [Chapter
  21], Insurance Code, or holds an equivalent license under Subtitle
  B, Title 13 [Chapter 21], Insurance Code; or
                     (C)  the individual [person] has three years of
  experience in the mortgage lending field as evidenced by
  documentary proof of full-time employment as a licensed loan
  officer with a mortgage broker or an individual [a person] exempt
  under Section 156.202;
               (5)  provide the commissioner with satisfactory
  evidence of:
                     (A)  having passed an examination, offered by a
  testing service or company approved by the finance commission, that
  demonstrates knowledge of:
                           (i)  the mortgage industry; and
                           (ii)  the role and responsibilities of a
  mortgage broker; and
                     (B)  compliance with the financial requirements
  of this chapter;
               (6)  not have been convicted of a criminal offense that
  the commissioner determines directly relates to the occupation of a
  mortgage broker as provided by Chapter 53, Occupations Code;
               (7)  satisfy the commissioner as to the individual's
  good moral character, including the individual's honesty,
  trustworthiness, and integrity;
               (8)  not be in violation of this chapter, a rule adopted
  under this chapter, or any order previously issued to the
  individual by the commissioner; and
               (9)  provide the commissioner with satisfactory
  evidence that:
                     (A)  if the individual [person] has not been
  previously licensed as a mortgage broker or a loan officer under
  this subchapter, the individual [person] has completed 90 classroom
  hours of education courses approved by the commissioner under this
  section; or
                     (B)  if the individual [person] has not been
  previously licensed as a mortgage broker under this subchapter but
  has been licensed as a loan officer under this subchapter, the
  individual [person] has successfully completed an additional 30
  classroom hours of education courses approved by the commissioner
  under this section.
  ARTICLE 11. CHANGES RELATING TO GOVERNMENT CODE
  PART A. GENERAL CHANGES
         SECTION 11.001.  Section 61.003(a), Government Code, as
  amended by Chapters 661 (H.B. 1204) and 1378 (S.B. 560), Acts of the
  80th Legislature, Regular Session, 2007, and Section 61.003(a-1),
  Government Code, as added by Chapters 661 (H.B. 1204) and 1378 (S.B.
  560), Acts of the 80th Legislature, Regular Session, 2007, are
  reenacted to read as follows:
         (a)  Each person who reports for jury service shall be
  personally provided a form letter that when signed by the person
  directs the county treasurer to donate all, or a specific amount
  designated by the person, of the person's daily reimbursement under
  this chapter to:
               (1)  the compensation to victims of crime fund under
  Subchapter B, Chapter 56, Code of Criminal Procedure;
               (2)  the child welfare board of the county appointed
  under Section 264.005, Family Code;
               (3)  any program selected by the commissioners court
  that is operated by a public or private nonprofit organization and
  that provides shelter and services to victims of family violence;
  or
               (4)  any other program approved by the commissioners
  court of the county, including a program established under Article
  56.04(f), Code of Criminal Procedure, that offers psychological
  counseling to jurors in criminal cases involving graphic evidence
  or testimony.
         (a-1)  The form letter provided under Subsection (a) must
  include a blank in which a person may enter the amount of the daily
  reimbursement the person wishes to donate.
         SECTION 11.002.  Section 411.042(b), Government Code, as
  amended by Chapters 70 (H.B. 76), 1306 (S.B. 839), and 1372 (S.B.
  9), Acts of the 80th Legislature, Regular Session, 2007, is
  reenacted and amended to read as follows:
         (b)  The bureau of identification and records shall:
               (1)  procure and file for record photographs, pictures,
  descriptions, fingerprints, measurements, and other pertinent
  information of all persons arrested for or charged with a criminal
  offense or convicted of a criminal offense, regardless of whether
  the conviction is probated;
               (2)  collect information concerning the number and
  nature of offenses reported or known to have been committed in the
  state and the legal steps taken in connection with the offenses, and
  other information useful in the study of crime and the
  administration of justice, including information that enables the
  bureau to create a statistical breakdown of offenses in which
  family violence was involved and a statistical breakdown of
  offenses under Sections 22.011 and 22.021, Penal Code;
               (3)  make ballistic tests of bullets and firearms and
  chemical analyses of bloodstains, cloth, materials, and other
  substances for law enforcement officers of the state;
               (4)  cooperate with identification and crime records
  bureaus in other states and the United States Department of
  Justice;
               (5)  maintain a list of all previous background checks
  for applicants for any position regulated under Chapter 1702,
  Occupations Code, who have undergone a criminal history background
  check under Section 411.119, if the check indicates a Class B
  misdemeanor or equivalent offense or a greater offense;
               (6)  collect information concerning the number and
  nature of protective orders and all other pertinent information
  about all persons on active protective orders.  Information in the
  law enforcement information system relating to an active protective
  order shall include:
                     (A)  the name, sex, race, date of birth, personal
  descriptors, address, and county of residence of the person to whom
  the order is directed;
                     (B)  any known identifying number of the person to
  whom the order is directed, including the person's social security
  number or driver's license number;
                     (C)  the name and county of residence of the
  person protected by the order;
                     (D)  the residence address and place of employment
  or business of the person protected by the order, unless that
  information is excluded from the order under Section 85.007, Family
  Code;
                     (E)  the child-care facility or school where a
  child protected by the order normally resides or which the child
  normally attends, unless that information is excluded from the
  order under Section 85.007, Family Code;
                     (F)  the relationship or former relationship
  between the person who is protected by the order and the person to
  whom the order is directed;  and
                     (G)  the date the order expires; [and]
               (7)  grant access to criminal history record
  information in the manner authorized under Subchapter F; and
               (8) [(7)]  collect and disseminate information
  regarding offenders with mental impairments in compliance with
  Chapter 614, Health and Safety Code.
         SECTION 11.003.  Section 411.042(g), Government Code, as
  amended by Chapters 70 (H.B. 76) and 1372 (S.B. 9), Acts of the 80th
  Legislature, Regular Session, 2007, is reenacted and amended to
  read as follows:
         (g)  The department may adopt reasonable rules under this
  section relating to:
               (1)  law enforcement information systems maintained by
  the department;
               (2)  the collection, maintenance, and correction of
  records;
               (3)  reports of criminal history information submitted
  to the department;
               (4)  active protective orders issued under Title 4,
  Family Code, and reporting procedures that ensure that information
  relating to the issuance of an active protective order and to the
  dismissal of an active protective order is reported to the local law
  enforcement agency at the time of the order's issuance or dismissal
  and entered by the local law enforcement agency in the state's law
  enforcement information system; [and]
               (5)  the collection of information described by
  Subsection (h); and
               (6) [(5)]  a system for providing criminal history
  record information through the criminal history clearinghouse
  under Section 411.0845.
         SECTION 11.004.  Sections 420.008(b) and (c), Government
  Code, are amended to correct references to read as follows:
         (b)  The fund consists of fees collected under:
               (1)  Section 19(e), Article 42.12, Code of Criminal
  Procedure;
               (2)  Section 508.189, Government Code; and
               (3)  Subchapter B, Chapter 102 [47], Business &
  Commerce Code, and deposited under Section 102.054 [47.054].
         (c)  The legislature may appropriate money deposited to the
  credit of the fund only to:
               (1)  the attorney general, for:
                     (A)  sexual violence awareness and prevention
  campaigns;
                     (B)  grants to faith-based groups, independent
  school districts, and community action organizations for programs
  for the prevention of sexual assault and programs for victims of
  human trafficking;
                     (C)  grants for equipment for sexual assault nurse
  examiner programs, to support the preceptorship of future sexual
  assault nurse examiners, and for the continuing education of sexual
  assault nurse examiners;
                     (D)  grants to increase the level of sexual
  assault services in this state;
                     (E)  grants to support victim assistance
  coordinators;
                     (F)  grants to support technology in rape crisis
  centers;
                     (G)  grants to and contracts with a statewide
  nonprofit organization exempt from federal income taxation under
  Section 501(c)(3), Internal Revenue Code of 1986, having as a
  primary purpose ending sexual violence in this state, for programs
  for the prevention of sexual violence, outreach programs, and
  technical assistance to and support of youth and rape crisis
  centers working to prevent sexual violence; and
                     (H)  grants to regional nonprofit providers of
  civil legal services to provide legal assistance for sexual assault
  victims;
               (2)  the Department of State Health Services, to
  measure the prevalence of sexual assault in this state and for
  grants to support programs assisting victims of human trafficking;
               (3)  the Institute on Domestic Violence and Sexual
  Assault at The University of Texas at Austin, to conduct research on
  all aspects of sexual assault and domestic violence;
               (4)  Texas State University, for training and technical
  assistance to independent school districts for campus safety;
               (5)  the office of the governor, for grants to support
  sexual assault and human trafficking prosecution projects;
               (6)  the Department of Public Safety, to support sexual
  assault training for commissioned officers;
               (7)  the comptroller's judiciary section, for
  increasing the capacity of the sex offender civil commitment
  program;
               (8)  the Texas Department of Criminal Justice:
                     (A)  for pilot projects for monitoring sex
  offenders on parole; and
                     (B)  for increasing the number of adult
  incarcerated sex offenders receiving treatment;
               (9)  the Texas Youth Commission, for increasing the
  number of incarcerated juvenile sex offenders receiving treatment;
               (10)  the comptroller, for the administration of the
  fee imposed on sexually oriented businesses under Section 102.052
  [47.052], Business & Commerce Code; and
               (11)  the supreme court, to be transferred to the Texas
  Equal Access to Justice Foundation, or a similar entity, to provide
  victim-related legal services to sexual assault victims, including
  legal assistance with protective orders, relocation-related
  matters, victim compensation, and actions to secure privacy
  protections available to victims under law.
         SECTION 11.005.  Section 431.134(a), Government Code, as
  amended by Chapters 740 (H.B. 2896), 741 (H.B. 2897), and 1080 (H.B.
  2895), Acts of the 80th Legislature, Regular Session, 2007, is
  reenacted and amended to read as follows:
         (a)  The adjutant general may adopt rules and regulations
  relating to the:
               (1)  Texas Faithful Service Medal, which shall be
  awarded to a member of the state military forces who has completed
  five years of honorable service during which the person has shown
  fidelity to duty, efficient service, and great loyalty to the
  state;
               (2)  Federal Service Medal, which shall be awarded to a
  person who was inducted into federal service from the state
  military forces between June 15, 1940, and January 1, 1946, or after
  June 1, 1950, if the service was for more than 90 days;
               (3)  Texas Medal of Merit, which may be presented to a
  member of the military forces of this state, another state, or the
  United States who performs outstanding service or attains
  extraordinary achievement in behalf of the state or United States;
               (4)  Texas Outstanding Service Medal, which may be
  presented to a member of the military forces of this state, another
  state, or the United States who has performed service in a superior
  and clearly outstanding manner;
               (5)  Texas State Guard Service Medal, which shall be
  awarded to a person who completes three consecutive years of
  honorable service in the Texas State Guard during which the person
  has shown fidelity to duty, efficient service, and great loyalty to
  the state;
               (6)  Texas Desert Shield/Desert Storm Campaign Medal,
  which shall be awarded to a person who was inducted into federal
  service from the Texas National Guard after August 1, 1990, in
  support of Operation Desert Shield or Operation Desert Storm,
  without regard to the place that the person was deployed while
  serving on active federal military duty;
               (7)  Texas Humanitarian Service Medal, which shall be
  awarded to a person who:
                     (A)  does not meet the criteria for an award of the
  federal Humanitarian Service Medal;
                     (B)  is a member of the state military forces; and
                     (C)  while serving on state active duty or active
  duty under state authority in accordance with Title 32 of the United
  States Code, participates satisfactorily in defense support to a
  mission under civilian authority to protect life or property during
  or soon after a natural disaster or civil unrest in the state;
               (8)  Texas Cavalry Medal, which shall be awarded to a
  person who:
                     (A)  served on or after September 11, 2001, in the
  124th Cavalry, Texas Army National Guard; and
                     (B)  served in a hostile fire zone as designated
  by the United States secretary of defense;
               (9)  Texas Combat Service Ribbon, which shall be
  awarded to a member of the Texas National Guard who served, after
  September 11, 2001, in a hostile fire zone as designated by the
  United States secretary of defense;
               (10)  Texas Purple Heart Medal, which shall be awarded
  to a person who, after September 11, 2001:
                     (A)  was inducted into federal service from the
  Texas National Guard; and
                     (B)  meets the criteria for an award of the
  federal Purple Heart Medal; [and]
               (11)  Texas Superior Service Medal, which shall be
  awarded to:
                     (A)  a member of the state military forces who
  has:
                           (i)  completed 30 or more years of honorable
  state service or a combination of state and federal service; and
                           (ii)  continually demonstrated superior
  performance and service while assigned to key leadership positions
  demanding responsibility; or
                     (B)  a civilian who has contributed significant
  service to the state military forces; and
               (12) [(11)]  Texas Homeland Defense Service Medal,
  which shall be awarded to a member of the state military forces who
  served:
                     (A)  on or after September 11, 2001;
                     (B)  on state active duty or active duty under
  state authority in accordance with Title 32 of the United States
  Code; and
                     (C)  satisfactorily in defense support to a
  mission in the state under civilian authority.
         SECTION 11.006.  Sections 465.0082 and 465.018(b),
  Government Code, are repealed to conform to the repeal of Chapter
  465, Government Code, by Chapter 609 (H.B. 387), Acts of the 80th
  Legislature, Regular Session, 2007.
         SECTION 11.007.  Section 487.051(a), Government Code, as
  amended by Chapters 560 (S.B. 1440) and 1241 (H.B. 2542), Acts of
  the 80th Legislature, Regular Session, 2007, is reenacted and
  amended to read as follows:
         (a)  The office shall:
               (1)  assist rural communities in the key areas of
  economic development, community development, rural health, and
  rural housing;
               (2)  serve as a clearinghouse for information and
  resources on all state and federal programs affecting rural
  communities;
               (3)  in consultation with rural community leaders,
  locally elected officials, state elected and appointed officials,
  academic and industry experts, and the interagency work group
  created under this chapter, identify and prioritize policy issues
  and concerns affecting rural communities in the state;
               (4)  make recommendations to the legislature to address
  the concerns affecting rural communities identified under
  Subdivision (3);
               (5)  monitor developments that have a substantial
  effect on rural Texas communities, especially actions of state
  government, and compile an annual report describing and evaluating
  the condition of rural communities;
               (6)  administer the federal community development
  block grant nonentitlement program;
               (7)  administer programs supporting rural health care
  as provided by this chapter;
               (8)  perform research to determine the most beneficial
  and cost-effective ways to improve the welfare of rural
  communities;
               (9)  ensure that the office qualifies as the state's
  office of rural health for the purpose of receiving grants from the
  Office of Rural Health Policy of the United States Department of
  Health and Human Services under 42 U.S.C. Section 254r;
               (10)  manage the state's Medicare rural hospital
  flexibility program under 42 U.S.C. Section 1395i-4;
               (11)  seek state and federal money available for
  economic development in rural areas for programs under this
  chapter; [and]
               (12)  in conjunction with the Department of
  Agriculture, regularly cross-train office employees with employees
  of the Department of Agriculture regarding the programs
  administered and services provided by each agency to rural
  communities; and
               (13) [(11)]  work with interested persons to assist
  volunteer fire departments and emergency services districts in
  rural areas.
         SECTION 11.008.  Section 508.145(d), Government Code, is
  amended to correct a reference to read as follows:
         (d)  An inmate serving a sentence for an offense described by
  Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), [or] (I), or (J),
  Article 42.12, Code of Criminal Procedure, or for an offense for
  which the judgment contains an affirmative finding under Section
  3g(a)(2) of that article, is not eligible for release on parole
  until the inmate's actual calendar time served, without
  consideration of good conduct time, equals one-half of the sentence
  or 30 calendar years, whichever is less, but in no event is the
  inmate eligible for release on parole in less than two calendar
  years.
         SECTION 11.009.  Section 531.0055(m), Government Code, is
  amended to correct references to read as follows:
         (m)  The executive commissioner shall establish standards
  for the use of electronic signatures in accordance with the Uniform
  Electronic Transactions Act (Chapter 322 [43], Business & Commerce
  Code), with respect to any transaction, as defined by Section
  322.002 [43.002], Business & Commerce Code, in connection with the
  administration of health and human services programs.
         SECTION 11.010.  Section 531.089, Government Code, as added
  by Chapter 1008 (H.B. 867), Acts of the 79th Legislature, Regular
  Session, 2005, and as renumbered by Chapter 921 (H.B. 3167), Acts of
  the 80th Legislature, Regular Session, 2007, is transferred to
  Subchapter B, Chapter 531, Government Code.
         SECTION 11.011.  The heading to Section 551.0726, Government
  Code, is amended to read as follows:
         Sec. 551.0726.  TEXAS FACILITIES [BUILDING AND PROCUREMENT]
  COMMISSION: DELIBERATION REGARDING CONTRACT BEING NEGOTIATED;
  CLOSED MEETING.
         SECTION 11.012.  Sections 551.0812 and 572.003(c)(20),
  Government Code, are repealed to conform to the abolition of the
  State Banking Board by Chapter 914 (H.B. 1543), Acts of the 74th
  Legislature, Regular Session, 1995.
         SECTION 11.013.  The heading to Section 551.121, Government
  Code, as amended by Chapters 538 (S.B. 1046) and 778 (H.B. 3827),
  Acts of the 80th Legislature, Regular Session, 2007, is reenacted
  to read as follows:
         Sec. 551.121.  GOVERNING BOARD OF INSTITUTION OF HIGHER
  EDUCATION; BOARD FOR LEASE OF UNIVERSITY LANDS; TEXAS HIGHER
  EDUCATION COORDINATING BOARD: SPECIAL MEETING FOR IMMEDIATE
  ACTION.
         SECTION 11.014.  Section 551.121(c), Government Code, as
  amended by Chapters 538 (S.B. 1046) and 778 (H.B. 3827), Acts of the
  80th Legislature, Regular Session, 2007, is reenacted to read as
  follows:
         (c)  A meeting held by telephone conference call authorized
  by this section may be held only if:
               (1)  the meeting is a special called meeting and
  immediate action is required; and
               (2)  the convening at one location of a quorum of the
  governing board, the Board for Lease of University Lands, or the
  Texas Higher Education Coordinating Board, as applicable, is
  difficult or impossible.
         SECTION 11.015.  Section 1371.152, Government Code, is
  amended to correct references to read as follows:
         Sec. 1371.152.  EXEMPTIONS. This subchapter does not apply
  to:
               (1)  an issuer who has more than $3 billion in
  outstanding obligations as of September 1, 2007, or to a nonprofit
  corporation investing funds on behalf of such an issuer;
               (2)  a person acting as a financial adviser with
  respect to an issuance of public securities by an issuer created
  under Chapter 8503, Special District Local Laws Code [222, Water
  Code], delivered before January 1, 2010, under a contract that was
  in effect on September 1, 2007, and that has not been modified since
  that date;
               (3)  an employee of an issuer providing advice to the
  issuer or to another issuer;
               (4)  a state agency:
                     (A)  created by Section 49-b, Article III, Texas
  Constitution; or
                     (B)  the head of which is an officer in the
  executive department under Section 1, Article IV, Texas
  Constitution; or
               (5)  a corporation created under Chapter 505, Local
  Government Code [Section 4B, Development Corporation Act of 1979
  (Article 5190.6, Vernon's Texas Civil Statutes)], by a municipality
  located in a county bordering the Rio Grande River.
         SECTION 11.016.  Section 1372.0222, Government Code, as
  amended by Chapters 455 (H.B. 618), 544 (S.B. 1185), and 1108 (H.B.
  3552), Acts of the 80th Legislature, Regular Session, 2007, is
  reenacted to read as follows:
         Sec. 1372.0222.  DEDICATION OF PORTION OF STATE CEILING FOR
  FIRE FIGHTER, LAW ENFORCEMENT OR SECURITY OFFICER, AND EMERGENCY
  MEDICAL SERVICES PERSONNEL HOME LOAN PROGRAM. Until August 7, out
  of that portion of the state ceiling that is available exclusively
  for reservations by the Texas State Affordable Housing Corporation
  under Section 1372.0223, 45.5 percent shall be allotted each year
  and made available to the corporation for the purpose of issuing
  qualified mortgage bonds in connection with the fire fighter, law
  enforcement or security officer, and emergency medical services
  personnel home loan program established under Section 2306.5621.
         SECTION 11.017.  Section 1372.031, Government Code, as
  amended by Chapters 991 (S.B. 1332) and 1108 (H.B. 3552), Acts of
  the 80th Legislature, Regular Session, 2007, is reenacted to read
  as follows:
         Sec. 1372.031.  PRIORITIES FOR RESERVATIONS AMONG CERTAIN
  ISSUERS. (a)  Except as provided by Subsection (b) and subject to
  Sections 1372.0321, 1372.0231, and 1372.035(c), if, on or before
  October 20, more than one issuer in a category described by Section
  1372.022(a)(2), (3), (4), or (6) applies for a reservation of the
  state ceiling for the next program year, the board shall grant
  reservations in that category in the order determined by the board
  by lot.
         (b)  Until August 1 of the program year, within the category
  described by Section 1372.022(a)(6), the board shall grant priority
  to the Texas Economic Development Bank for projects that the Texas
  Economic Development and Tourism Office determines meet the
  governor's criteria for funding from the Texas Enterprise Fund.
  Notwithstanding the priority, the Texas Economic Development Bank
  may not receive an amount greater than one-sixth of the portion of
  the state ceiling available under Section 1372.022(a)(6) on January
  1 of the program year.
         (c)  In selecting projects for reservations of the state
  ceiling for a program year under Subsection (b), among those
  projects the Texas Economic Development and Tourism Office
  determines meet the governor's criteria for funding from the Texas
  Enterprise Fund the office shall give priority to obtaining
  reservations for those projects located or to be located in an
  economically depressed or blighted area, as defined by Section
  2306.004, or in an enterprise zone designated under Chapter 2303.
         (d)  This section and Section 1372.063 do not give a priority
  to any project described by Subsection (b) for the purpose of
  selecting projects for reservations under Section 1372.022(b).
         (e)  The Texas Economic Development Bank is subject to
  Section 1201.027(d).
         SECTION 11.018.  Section 2054.055(b), Government Code, as
  amended by Chapters 394 (S.B. 757), 691 (H.B. 1788), and 1208 (H.B.
  1789), Acts of the 80th Legislature, Regular Session, 2007, is
  reenacted and amended to read as follows:
         (b)  The report must:
               (1)  assess the progress made toward meeting the goals
  and objectives of the state strategic plan for information
  resources management;
               (2)  describe major accomplishments of the state or a
  specific state agency in information resources management;
               (3)  describe major problems in information resources
  management confronting the state or a specific state agency;
               (4)  provide a summary of the total expenditures for
  information resources and information resources technologies by
  the state;
               (5)  make recommendations for improving the
  effectiveness and cost-efficiency of the state's use of information
  resources;
               (6)  describe the status, progress, benefits, and
  efficiency gains of the TexasOnline project, including any
  significant issues regarding contract performance;
               (7)  provide a financial summary of the TexasOnline
  project, including project costs and revenues;
               (8)  provide a summary of the amount and use of
  Internet-based training conducted by each state agency and
  institution of higher education; [and]
               (9)  provide a summary of agency and statewide results
  in providing access to electronic and information resources to
  individuals with disabilities as required by Subchapter M; and
               (10) [(7)]  assess the progress made toward
  accomplishing the goals of the plan for a state telecommunications
  network and developing a system of telecommunications services as
  provided by Subchapter H.
         SECTION 11.019.  Section 2054.092(b), Government Code, as
  amended by Chapters 394 (S.B. 757) and 691 (H.B. 1788), Acts of the
  80th Legislature, Regular Session, 2007, is reenacted and amended
  to read as follows:
         (b)  The plan must:
               (1)  provide a strategic direction for information
  resources management in state government for the five fiscal years
  following adoption of the plan;
               (2)  outline a state information architecture that
  contains a logically consistent set of principles, policies, and
  standards to guide the engineering of state government's
  information technology systems and infrastructure in a way that
  ensures compatibility and alignment with state government's needs;
               (3)  designate and report on critical electronic
  government projects to be directed by the department, including a
  project for electronic purchasing;
               (4)  provide information about best practices to assist
  state agencies in adopting effective information management
  methods, including the design, deployment, and management of
  information resources projects, cost-benefit analyses, and staff
  reengineering methods to take full advantage of technological
  advancements;
               (5)  provide long-range policy guidelines for
  information resources in state government, including the
  implementation of national, international, and department
  standards for information resources technologies;
               (6)  identify major issues faced by state agencies
  related to the acquisition of computer hardware, computer software,
  and information resources technology services and develop a
  statewide approach to address the issues, including:
                     (A)  developing performance measures for
  purchasing and contracting; and
                     (B)  identifying opportunities to reuse computer
  software code purchased with public funds; [and]
               (7)  identify priorities for:
                     (A)  the implementation of information resources
  technologies according to the relative economic and social impact
  on the state; and
                     (B)  return on investment and cost-benefit
  analysis strategies; and
               (8) [(9)]  provide information about best practices to
  assist state agencies in adopting methods for design, deployment,
  and management of telecommunications services.
         SECTION 11.020.  Section 2054.096(a), Government Code, as
  amended by Chapter 645 (H.B. 921), Acts of the 80th Legislature,
  Regular Session, 2007, is repealed to conform to the repeal of
  Section 2054.096, Government Code, by Chapter 691 (H.B. 1788), Acts
  of the 80th Legislature, Regular Session, 2007, a later enactment.
         SECTION 11.021.  Sections 2054.304(b) and (c), Government
  Code, as amended by Chapters 937 (H.B. 3560) and 1081 (H.B. 2918),
  Acts of the 80th Legislature, Regular Session, 2007, are reenacted
  to read as follows:
         (b)  Except as provided by Subsection (c), the state agency
  must file the project plan with the quality assurance team and the
  department before the agency:
               (1)  spends more than 10 percent of allocated funds for
  the project or major contract; or
               (2)  first issues a vendor solicitation for the project
  or contract.
         (c)  Unless the project plan has been filed under this
  section:
               (1)  a vendor solicitation may not be issued for the
  project or major contract; and
               (2)  the agency may not post a vendor solicitation for
  the project or contract in the state business daily under Section
  2155.083.
         SECTION 11.022.  Section 2155.068(d), Government Code, as
  amended by Chapters 262 (S.B. 12) and 939 (H.B. 3693), Acts of the
  80th Legislature, Regular Session, 2007, is reenacted to read as
  follows:
         (d)  As part of the standards and specifications program, the
  commission shall:
               (1)  review contracts for opportunities to recycle
  waste produced at state buildings;
               (2)  develop and update a list of equipment and
  appliances that meet the energy efficiency standards provided by
  Section 2158.301; and
               (3)  assist state agencies in selecting products under
  Section 2158.301, as appropriate.
         SECTION 11.023.  Section 2264.001(1), Government Code, as
  added by Chapter 853 (H.B. 1196), Acts of the 80th Legislature,
  Regular Session, 2007, is amended to correct a reference to read as
  follows:
               (1)  "Economic development corporation" means a
  development corporation organized under Subtitle C1, Title 12,
  Local Government Code [the Development Corporation Act of 1979
  (Article 5190.6, Vernon's Texas Civil Statutes)].
         SECTION 11.024.  Section 2306.1076(b), Government Code, as
  added by Chapters 1029 (H.B. 1637) and 1341 (S.B. 1908), Acts of the
  80th Legislature, Regular Session, 2007, is reenacted to read as
  follows:
         (b)  In addition to funds set aside for the program under
  Section 1372.023, the department may solicit and accept funding for
  the program from gifts and grants for the purposes of this section.
         SECTION 11.025.  Sections 2306.553(a) and (b), Government
  Code, as amended by Chapters 455 (H.B. 618), 544 (S.B. 1185), and
  1108 (H.B. 3552), Acts of the 80th Legislature, Regular Session,
  2007, are reenacted to read as follows:
         (a)  The public purpose of the corporation is to perform
  activities and services that the corporation's board of directors
  determines will promote the public health, safety, and welfare
  through the provision of adequate, safe, and sanitary housing
  primarily for individuals and families of low, very low, and
  extremely low income and for persons who are eligible for loans
  under the home loan programs provided by Sections 2306.562 and
  2306.5621.  The activities and services shall include engaging in
  mortgage banking activities and lending transactions and
  acquiring, holding, selling, or leasing real or personal property.
         (b)  The corporation's primary public purpose is to
  facilitate the provision of housing by issuing qualified 501(c)(3)
  bonds and qualified residential rental project bonds and by making
  affordable loans to individuals and families of low, very low, and
  extremely low income and to persons who are eligible for loans under
  the home loan programs provided by Sections 2306.562 and
  2306.5621.  The corporation may make first lien, single family
  purchase money mortgage loans for single family homes only to
  individuals and families of low, very low, and extremely low income
  if the individual's or family's household income is not more than
  the greater of 60 percent of the median income for the state, as
  defined by the United States Department of Housing and Urban
  Development, or 60 percent of the area median family income,
  adjusted for family size, as defined by that department.  The
  corporation may make loans for multifamily developments if:
               (1)  at least 40 percent of the units in a multifamily
  development are affordable to individuals and families with incomes
  at or below 60 percent of the median family income, adjusted for
  family size;  or
               (2)  at least 20 percent of the units in a multifamily
  development are affordable to individuals and families with incomes
  at or below 50 percent of the median family income, adjusted for
  family size.
  PART B. UPDATE OF COURT FEES
         SECTION 11.101.  (a)  Section 101.021, Government Code, is
  amended to read as follows:
         Sec. 101.021.  SUPREME COURT FEES AND COSTS: GOVERNMENT
  CODE. The clerk of the supreme court shall collect fees and costs
  as follows:
               (1)  application for writ of error (Sec. 51.005,
  Government Code) . . . $50;
               (2)  additional fee if application for writ of error is
  granted (Sec. 51.005, Government Code) . . . $75;
               (3)  motion for leave to file petition for writ of
  mandamus, prohibition, injunction, and other similar proceedings
  originating in the supreme court (Sec. 51.005, Government Code)
  . . . $50;
               (4)  additional fee if a motion under Subdivision (3)
  is granted (Sec. 51.005, Government Code) . . . $75;
               (5)  certified question from a court of appeals to the
  supreme court (Sec. 51.005, Government Code) . . . $75;
               (6)  case appealed to the supreme court from the
  district court by direct appeal (Sec. 51.005, Government Code)
  . . . $100;
               (7)  any other proceeding filed in the supreme court
  (Sec. 51.005, Government Code) . . . $75;
               (8)  administering an oath and giving a sealed
  certificate of the oath (Sec. 51.005, Government Code) . . . $5;
               (9)  making certain copies, including certificate and
  seal (Sec. 51.005, Government Code) . . . $5, or $0.50 per page if
  more than 10 pages;
               (10)  any official service performed by the clerk for
  which a fee is not otherwise provided (Sec. 51.005, Government
  Code) . . . reasonable amount set by order or rule of supreme court;
               (10-a)  supreme court support account filing fee (Sec.
  51.0051, Government Code) . . . amount set by the supreme court,
  not to exceed $50;
               (11)  issuance of attorney's license or certificate
  (Sec. 51.006, Government Code) . . . $10; and
               (12)  additional filing fee to fund civil legal
  services for the indigent (Sec. 51.941, Government Code) . . . $25.
         (b)  Section 101.022, Government Code, is repealed.
         SECTION 11.102.  (a)  Section 101.041, Government Code, is
  amended to read as follows:
         Sec. 101.041.  COURT OF APPEALS FEES AND COSTS: GOVERNMENT
  CODE. The clerk of a court of appeals shall collect fees and costs
  as follows:
               (1)  for cases appealed to and filed in the court of
  appeals from the district and county courts within its court of
  appeals district (Sec. 51.207, Government Code) . . . $100;
               (2)  motion for leave to file petition for writ of
  mandamus, prohibition, injunction, and other similar proceedings
  originating in the court of appeals (Sec. 51.207, Government Code)
  . . . $50;
               (3)  additional fee if the motion under Subdivision (2)
  is granted (Sec. 51.207, Government Code) . . . $75;
               (4)  motion to file or to extend time to file record on
  appeal from district or county court (Sec. 51.207, Government Code)
  . . . $10;
               (5)  administering an oath and giving a sealed
  certificate of oath (Sec. 51.207, Government Code) . . . $5;
               (6)  certified copy of papers of record in court
  offices, including certificate and seal (Sec. 51.207, Government
  Code) . . . $5, or $1 per page if more than five pages;
               (7)  comparing any document with the original filed in
  the offices of the court for purposes of certification (Sec.
  51.207, Government Code) . . . $5, or $1 per page if more than five
  pages;
               (8)  any official service performed by the clerk for
  which a fee is not otherwise provided (Sec. 51.207, Government
  Code) . . . a reasonable fee set by the order or rule of the supreme
  court;
               (8-a)  supreme court support account filing fee (Sec.
  51.208, Government Code) . . . amount set by the supreme court, not
  to exceed $50; and
               (9)  additional filing fee to fund civil legal services
  for the indigent (Sec. 51.941, Government Code) . . . $25.
         (b)  Section 101.042, Government Code, is repealed.
         SECTION 11.103.  (a)  Section 101.0611, Government Code, is
  amended to conform to the amendments made to Section 101.061,
  Government Code, by Chapters 637 (H.B. 764) and 1342 (S.B. 1951),
  Acts of the 80th Legislature, Regular Session, 2007, and to conform
  to Chapter 26 (S.B. 325), Acts of the 80th Legislature, Regular
  Session, 2007, and is further amended to read as follows:
         Sec. 101.0611.  DISTRICT COURT FEES AND COSTS: GOVERNMENT
  CODE. The clerk of a district court shall collect fees and costs
  under the Government Code as follows:
               (1)  appellate judicial system filing fees for:
                     (A)  First or Fourteenth Court of Appeals District
  (Sec. 22.2021, Government Code) . . . not more than $5;
                     (B)  Second Court of Appeals District (Sec.
  22.2031, Government Code) . . . not more than $5;
                     (C)  Third Court of Appeals District (Sec.
  22.2041, Government Code) . . . $5;
                     (D)  Fourth Court of Appeals District (Sec.
  22.2051, Government Code) . . . not more than $5;
                     (E)  Fifth Court of Appeals District (Sec.
  22.2061, Government Code) . . . not more than $5;
                     (F)  Ninth Court of Appeals District (Sec.
  22.2101, Government Code) . . . $5;
                     (G)  Eleventh Court of Appeals District (Sec.
  22.2121, Government Code) . . . $5; and
                     (H) [(G)]  Thirteenth Court of Appeals District
  (Sec. 22.2141, Government Code) . . . not more than $5;
               (2)  when administering a case for the Rockwall County
  Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
  court costs as if the case had been filed in district court;
               (3)  additional filing fees:
                     (A)  for each suit filed for insurance contingency
  fund, if authorized by the county commissioners court (Sec. 51.302,
  Government Code) . . . not to exceed $5; [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)  to fund the improvement of Hays County court
  facilities, if authorized by the county commissioners court (Sec.
  51.707, Government Code) . . . not more than $15;
               (4)  for filing a suit, including an appeal from an
  inferior court:
                     (A)  for a suit with 10 or fewer plaintiffs (Sec.
  51.317, Government Code) . . . $50;
                     (B)  for a suit with at least 11 but not more than
  25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
                     (C)  for a suit with at least  26 but not more than
  100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
                     (D)  for a suit with at least 101 but not more than
  500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
                     (E)  for a suit with at least 501 but not more than
  1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
                     (F)  for a suit with more than 1,000 plaintiffs
  (Sec. 51.317, Government Code) . . . $200;
               (5)  for filing a cross-action, counterclaim,
  intervention, contempt action, motion for new trial, or third-party
  petition (Sec. 51.317, Government Code) . . . $15;
               (6)  for issuing a citation or other writ or process not
  otherwise provided for, including one copy, when requested at the
  time a suit or action is filed (Sec. 51.317, Government Code) . . .
  $8;
               (7)  for records management and preservation (Sec.
  51.317, Government Code) . . . $10;
               (8)  for issuing a subpoena, including one copy (Sec.
  51.318, Government Code) . . . $8;
               (9)  for issuing a citation, commission for deposition,
  writ of execution, order of sale, writ of execution and order of
  sale, writ of injunction, writ of garnishment, writ of attachment,
  or writ of sequestration not provided for in Section 51.317, or any
  other writ or process not otherwise provided for, including one
  copy if required by law (Sec. 51.318, Government Code) . . . $8;
               (10)  for searching files or records to locate a cause
  when the docket number is not provided (Sec. 51.318, Government
  Code) . . . $5;
               (11)  for searching files or records to ascertain the
  existence of an instrument or record in the district clerk's office
  (Sec. 51.318, Government Code) . . . $5;
               (12)  for abstracting a judgment (Sec. 51.318,
  Government Code) . . . $8;
               (13)  for approving a bond (Sec. 51.318, Government
  Code) . . . $4;
               (14)  for a certified copy of a record, judgment,
  order, pleading, or paper on file or of record in the district
  clerk's office, including certificate and seal, for each page or
  part of a page (Sec. 51.318, Government Code) . . . $1;
               (15)  for a noncertified copy, for each page or part of
  a page (Sec. 51.318, Government Code) . . . not to exceed $1;
               (16)  fee for performing a service:
                     (A)  related to the matter of the estate of a
  deceased person (Sec. 51.319, Government Code) . . . the same fee
  allowed the county clerk for those services;
                     (B)  related to the matter of a minor (Sec.
  51.319, Government Code) . . . the same fee allowed the county
  clerk for the service;
                     (C)  of serving process by certified or registered
  mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
  constable is authorized to charge for the service under Section
  118.131, Local Government Code; and
                     (D)  prescribed or authorized by law but for which
  no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
               (17)  jury fee (Sec. 51.604, Government Code) . . .
  $30;
               (18)  additional filing fee for family protection on
  filing a suit for dissolution of a marriage under Chapter 6, Family
  Code[, if authorized by the county commissioners court] (Sec.
  51.961, Government Code) . . . not to exceed $15 [$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.
         (b)  Section 101.061, Government Code, as amended by
  Chapters 637 (H.B. 764) and 1342 (S.B. 1951), Acts of the 80th
  Legislature, Regular Session, 2007, is repealed. Section 101.061,
  Government Code, as amended by Chapter 921 (H.B. 3167), Acts of the
  80th Legislature, Regular Session, 2007, to reorganize and renumber
  that section, continues in effect.
         SECTION 11.104.  (a)  Section 101.0615, Government Code, is
  amended to conform to the amendments made to Section 101.062,
  Government Code, by Chapter 1301 (S.B. 600), Acts of the 80th
  Legislature, Regular Session, 2007, to read as follows:
         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; and
                     (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)  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)  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)  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)  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) . . . $42 [$37].
         (b)  Section 101.062, Government Code, is repealed.
         SECTION 11.105.  Section 101.0616, Government Code, is
  amended to conform to Chapter 614 (H.B. 417), Acts of the 80th
  Legislature, Regular Session, 2007, to read as follows:
         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)  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)  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
               (3)  costs for attorney ad litem appointed to pursue
  the restoration of a ward's capacity or modification of the ward's
  guardianship (Secs. 694C and 694L, Texas Probate Code) . . .
  reasonable compensation.
         SECTION 11.106.  (a)  Section 101.0811, Government Code, is
  amended to conform to the amendments made to Section 101.081,
  Government Code, by Chapters 1301 (S.B. 600) and 1342 (S.B. 1951),
  Acts of the 80th Legislature, Regular Session, 2007, and to conform
  to Chapter 26 (S.B. 325), Acts of the 80th Legislature, Regular
  Session, 2007, to read as follows:
         Sec. 101.0811.  STATUTORY COUNTY COURT FEES AND COSTS:
  GOVERNMENT CODE. The clerk of a statutory county court shall
  collect fees and costs under the Government Code as follows:
               (1)  appellate judicial system filing fees:
                     (A)  First or Fourteenth Court of Appeals District
  (Sec. 22.2021, Government Code) . . . not more than $5;
                     (B)  Second Court of Appeals District (Sec.
  22.2031, Government Code) . . . not more than $5;
                     (C)  Third Court of Appeals District (Sec.
  22.2041, Government Code) . . . $5;
                     (D)  Fourth Court of Appeals District (Sec.
  22.2051, Government Code) . . . not more than $5;
                     (E)  Fifth Court of Appeals District (Sec.
  22.2061, Government Code) . . . not more than $5;
                     (F)  Ninth Court of Appeals District (Sec.
  22.2101, Government Code) . . . $5;
                     (G)  Eleventh Court of Appeals District (Sec.
  22.2121, Government Code) . . . $5; and
                     (H) [(G)]  Thirteenth Court of Appeals District
  (Sec. 22.2141, Government Code) . . . not more than $5;
               (2)  an official court reporter fee, County Court at
  Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3;
               (3)  in Brazoria County, in matters of concurrent
  jurisdiction with the district court, fees (Sec. 25.0222,
  Government Code) . . . as prescribed by law for district judges
  according to the nature of the matter;
               (4)  a court reporter fee when testimony is taken in a
  county court at law in McLennan County (Sec. 25.1572, Government
  Code) . . . $3;
               (5)  a stenographer fee, if a record or part of a record
  is made:
                     (A)  in a county court at law in Hidalgo County
  (Sec. 25.1102, Government Code) . . . $20; and
                     (B)  in a county court at law in Nolan County (Sec.
  25.1792, Government Code) . . . $25;
               (6)  jury fee (Sec. 51.604, Government Code) . . . $22;
               (7)  an additional filing fee:
                     (A)  for each civil case filed to be used for
  court-related purposes for the support of the judiciary[, 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)  to fund the improvement of Hays County court
  facilities, if authorized by the county commissioners court (Sec.
  51.707, Government Code) . . . not more than $15;
               (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.
         (b)  Section 101.0814, Government Code, is amended to
  conform to the amendments made to Section 101.081, Government Code,
  by Chapter 399 (S.B. 819), Acts of the 80th Legislature, Regular
  Session, 2007, and to conform to the amendments made to Section
  101.083, Government Code, by Chapter 1301 (S.B. 600), Acts of the
  80th Legislature, Regular Session, 2007, and is further amended to
  read as follows:
         Sec. 101.0814.  STATUTORY COUNTY COURT FEES AND COSTS:
  LOCAL GOVERNMENT CODE. The clerk of a statutory county court shall
  collect fees and costs under the Local Government Code as follows:
               (1)  additional filing fee to fund contingency fund for
  liability insurance, if authorized by the county commissioners
  court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
               (2)  civil court actions (Sec. 118.052, Local
  Government Code):
                     (A)  filing of original action (Secs. 118.052 and
  118.053, Local Government Code):
                           (i)  garnishment after judgment (Sec.
  118.052, Local Government Code) . . . $15; and
                           (ii)  all others (Sec. 118.052, Local
  Government Code) . . . $40;
                     (B)  filing of action other than original (Secs.
  118.052 and 118.054, Local Government Code) . . . $30; and
                     (C)  services rendered after judgment in original
  action (Secs. 118.052 and 118.0545, Local Government Code):
                           (i)  abstract of judgment (Sec. 118.052,
  Local Government Code) . . . $5; and
                           (ii)  execution, order of sale, writ, or
  other process (Sec. 118.052, Local Government Code) . . . $5;
               (3)  probate court actions (Sec. 118.052, Local
  Government Code):
                     (A)  probate original action (Secs. 118.052 and
  118.055, Local Government Code):
                           (i)  probate of a will with independent
  executor, administration with will attached, administration of an
  estate, guardianship or receivership of an estate, or muniment of
  title (Sec. 118.052, Local Government Code) . . . $40;
                           (ii)  community survivors (Sec. 118.052,
  Local Government Code) . . . $40;
                           (iii)  small estates (Sec. 118.052, Local
  Government Code) . . . $40;
                           (iv)  declarations of heirship (Sec.
  118.052, Local Government Code) . . . $40;
                           (v)  mental health or chemical dependency
  services (Sec. 118.052, Local Government Code) . . . $40; and
                           (vi)  additional, special fee (Secs. 118.052
  and 118.064, Local Government Code) . . . $5;
                     (B)  services in pending probate action (Secs.
  118.052 and 118.056, Local Government Code):
                           (i)  filing an inventory and appraisement
  (Secs. [after the 120th day after the date of the initial filing of
  the action (Sec.] 118.052 and 118.056(d), Local Government Code)
  . . . $25;
                           (ii)  approving and recording bond (Sec.
  118.052, Local Government Code) . . . $3;
                           (iii)  administering oath (Sec. 118.052,
  Local Government Code) . . . $2;
                           (iv)  filing annual or final account of
  estate (Sec. 118.052, Local Government Code) . . . $25;
                           (v)  filing application for sale of real or
  personal property (Sec. 118.052, Local Government Code) . . . $25;
                           (vi)  filing annual or final report of
  guardian of a person (Sec. 118.052, Local Government Code) . . .
  $10; and
                           (vii)  filing a document not listed under
  this paragraph after the filing of an order approving the inventory
  and appraisement or after the 120th day after the date of the
  initial filing of the action, whichever occurs first (Secs. 118.052
  and 191.007, Local Government Code), if more than 25 pages . . .
  $25;
                     (C)  adverse probate action (Secs. 118.052 and
  118.057, Local Government Code) . . . $40; [and]
                     (D)  claim against estate (Secs. 118.052 and
  118.058, Local Government Code) . . . $2; and
                     (E)  supplemental court-initiated guardianship
  fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20;
               (4)  other fees (Sec. 118.052, Local Government Code):
                     (A)  issuing document (Secs. 118.052 and 118.059,
  Local Government Code):
                           (i)  original document and one copy (Sec.
  118.052, Local Government Code) . . . $4; and
                           (ii)  each additional set of an original and
  one copy (Sec. 118.052, Local Government Code) . . . $4;
                     (B)  certified papers (Secs. 118.052 and 118.060,
  Local Government Code):
                           (i)  for the clerk's certificate (Sec.
  118.052, Local Government Code) . . . $5; and
                           (ii)  a fee per page or part of a page (Sec.
  118.052, Local Government Code) . . . $1;
                     (C)  noncertified papers, for each page or part of
  a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
  $1;
                     (D)  letters testamentary, letter of
  guardianship, letter of administration, or abstract of judgment
  (Secs. 118.052 and 118.061, Local Government Code) . . . $2;
                     (E)  safekeeping of wills (Secs. 118.052 and
  118.062, Local Government Code) . . . $5;
                     (F)  mail service of process (Secs. 118.052 and
  118.063, Local Government Code) . . . same as sheriff; and
                     (G)  records management and preservation fee
  (Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
  . . . $5;
               (5)  additional filing fee for filing any civil action
  or proceeding requiring a filing fee, including an appeal, and on
  the filing of any counterclaim, cross-action, intervention,
  interpleader, or third-party action requiring a filing fee, to fund
  civil legal services for the indigent (Sec. 133.153, Local
  Government Code) . . . $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) . . . $42 [$37];
               (7)  additional filing fee to fund the courthouse
  security fund, if authorized by the county commissioners court
  (Sec. 291.008, Local Government Code) . . . not to exceed $5;
               (8)  additional filing fee for filing documents not
  subject to certain filing fees to fund the courthouse security
  fund, if authorized by the county commissioners court (Sec.
  291.008, Local Government Code) . . . $1;
               (9)  additional filing fee to fund the courthouse
  security fund in Webb County, if authorized by the county
  commissioners court (Sec. 291.009, Local Government Code) . . . not
  to exceed $20; and
               (10)  court cost in civil cases other than suits for
  delinquent taxes to fund the county law library fund, if authorized
  by the county commissioners court (Sec. 323.023, Local Government
  Code) . . . not to exceed $35.
         (c)  Section 101.0815, Government Code, is amended to
  conform to the amendments made to Section 101.081, Government Code,
  by Chapter 275 (H.B. 290), Acts of the 80th Legislature, Regular
  Session, 2007, and to conform to Chapter 614 (H.B. 417), Acts of the
  80th Legislature, Regular Session, 2007, to read as follows:
         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)  fee for deposit of a will with the county clerk
  during testator's lifetime (Sec. 71, Texas Probate Code) . . . $5
  [$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; and
               (4)  costs for attorney ad litem appointed to pursue
  the restoration of a ward's capacity or modification of the ward's
  guardianship (Secs. 694C and 694L, Texas Probate Code) . . .
  reasonable compensation.
         (d)  Section 101.081, Government Code, as amended by
  Chapters 275 (H.B. 290), 399 (S.B. 819), 1301 (S.B. 600), and 1342
  (S.B. 1951), Acts of the 80th Legislature, Regular Session, 2007,
  is repealed. Section 101.081, Government Code, as amended by
  Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
  Session, 2007, to reorganize and renumber that section, continues
  in effect.
         (e)  Sections 101.0818 and 101.083, Government Code, are
  repealed.
         SECTION 11.107.  (a)  Section 101.1011, Government Code, is
  amended to conform to the amendments made to Section 101.101,
  Government Code, by Chapters 718 (H.B. 2359) and 1342 (S.B. 1951),
  Acts of the 80th Legislature, Regular Session, 2007, and to conform
  to Chapter 26 (S.B. 325), Acts of the 80th Legislature, Regular
  Session, 2007, to read as follows:
         Sec. 101.1011.  STATUTORY PROBATE COURT FEES AND COSTS:
  GOVERNMENT CODE. The clerk of a statutory probate court shall
  collect fees and costs under the Government Code as follows:
               (1)  appellate judicial system filing fees:
                     (A)  First or Fourteenth Court of Appeals District
  (Sec. 22.2021, Government Code) . . . not more than $5;
                     (B)  Second Court of Appeals District (Sec.
  22.2031, Government Code) . . . not more than $5;
                     (C)  Third Court of Appeals District (Sec.
  22.2041, Government Code) . . . $5;
                     (D)  Fourth Court of Appeals District (Sec.
  22.2051, Government Code) . . . not more than $5;
                     (E)  Fifth Court of Appeals District (Sec.
  22.2061, Government Code) . . . not more than $5;
                     (F)  Ninth Court of Appeals District (Sec.
  22.2101, Government Code) . . . $5;
                     (G)  Eleventh Court of Appeals District (Sec.
  22.2121, Government Code) . . . $5; and
                     (H) [(G)]  Thirteenth Court of Appeals District
  (Sec. 22.2141, Government Code) . . . not more than $5;
               (2)  additional filing fees as follows:
                     (A)  for certain cases to be used for
  court-related purposes for support of the judiciary[, 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)  to fund the improvement of Hays County court
  facilities, if authorized by the county commissioners court (Sec.
  51.707, Government Code) . . . not more than $15;
               (3)  jury fee for civil case (Sec. 51.604, Government
  Code) . . . $22;
               (4)  the expense of preserving the record as a court
  cost, if imposed on a party by the referring court or associate
  judge (Sec. 54.612, Government Code) . . . actual cost; and
               (5)  a fee not otherwise listed in this subchapter that
  is required to be collected under Section 25.0029, Government Code
  (Sec. 25.0029, Government Code) . . . as prescribed by law relating
  to county judges' fees.
         (b)  Section 101.1013, Government Code, is amended to
  conform to the amendments made to Section 101.101, Government Code,
  by Chapter 399 (S.B. 819), Acts of the 80th Legislature, Regular
  Session, 2007, and is further amended to read as follows:
         Sec. 101.1013.  STATUTORY PROBATE COURT FEES AND COSTS:
  LOCAL GOVERNMENT CODE. The clerk of a statutory probate court shall
  collect fees and costs under the Local Government Code as follows:
               (1)  additional filing fee for filing any civil action
  or proceeding requiring a filing fee, including an appeal, and on
  the filing of any counterclaim, cross-action, intervention,
  interpleader, or third-party action requiring a filing fee to fund
  civil legal services for the indigent (Sec. 133.153, Local
  Government Code). . . $5;
               (2)  additional filing fee to fund contingency fund for
  liability insurance, if authorized by the county commissioners
  court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
               (3)  probate court actions (Sec. 118.052, Local
  Government Code):
                     (A)  probate original action (Secs. 118.052 and
  118.055, Local Government Code):
                           (i)  probate of a will with independent
  executor, administration with will attached, administration of an
  estate, guardianship or receivership of an estate, or muniment of
  title (Sec. 118.052, Local Government Code) . . . $40;
                           (ii)  community survivors (Sec. 118.052,
  Local Government Code) . . . $40;
                           (iii)  small estates (Sec. 118.052, Local
  Government Code) . . . $40;
                           (iv)  declarations of heirship (Sec.
  118.052, Local Government Code) . . . $40;
                           (v)  mental health or chemical dependency
  services (Sec. 118.052, Local Government Code) . . . $40; and
                           (vi)  additional, special fee (Secs. 118.052
  and 118.064, Local Government Code) . . . $5;
                     (B)  services in pending probate action (Secs.
  118.052 and 118.056, Local Government Code):
                           (i)  filing an inventory and appraisement
  (Secs. [after the 120th day after the date of the initial filing of
  the action (Sec.] 118.052 and 118.056(d), Local Government Code)
  . . . $25;
                           (ii)  approving and recording bond (Sec.
  118.052, Local Government Code) . . . $3;
                           (iii)  administering oath (Sec. 118.052,
  Local Government Code) . . . $2;
                           (iv)  filing annual or final account of
  estate (Sec. 118.052, Local Government Code). . . $25;
                           (v)  filing application for sale of real or
  personal property (Sec. 118.052, Local Government Code) . . . $25;
                           (vi)  filing annual or final report of
  guardian of a person (Sec. 118.052, Local Government Code) . . .
  $10; and
                           (vii)  filing a document not listed under
  this paragraph after the filing of an order approving the inventory
  and appraisement or after the 120th day after the date of the
  initial filing of the action, whichever occurs first (Secs. 118.052
  and 191.007, Local Government Code), if more than 25 pages . . .
  $25;
                     (C)  adverse probate action (Secs. 118.052 and
  118.057, Local Government Code) . . . $40; [and]
                     (D)  claim against estate (Secs. 118.052 and
  118.058, Local Government Code) . . . $2; and
                     (E)  supplemental court-initiated guardianship
  fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20;
               (4)  other fees (Sec. 118.052, Local Government Code):
                     (A)  issuing document (Secs. 118.052 and 118.059,
  Local Government Code):
                           (i)  original document and one copy (Sec.
  118.052, Local Government Code) . . . $4; and
                           (ii)  each additional set of an original and
  one copy (Sec. 118.052, Local Government Code) . . . $4;
                     (B)  certified papers (Secs. 118.052 and 118.060,
  Local Government Code):
                           (i)  for the clerk's certificate (Sec.
  118.052, Local Government Code) . . . $5; and
                           (ii)  a fee per page or part of a page (Sec.
  118.052, Local Government Code) . . . $1;
                     (C)  noncertified papers, for each page or part of
  a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
  $1;
                     (D)  letters testamentary, letter of
  guardianship, letter of administration, or abstract of judgment
  (Secs. 118.052 and 118.061, Local Government Code) . . . $2;
                     (E)  safekeeping of wills (Secs. 118.052 and
  118.062, Local Government Code) . . . $5;
                     (F)  mail service of process (Secs. 118.052 and
  118.063, Local Government Code) . . . same as sheriff; and
                     (G)  records management and preservation fee
  (Secs. 118.052 and 118.0645, Local Government Code) . . . $5; and
               (5)  court cost in civil cases other than suits for
  delinquent taxes to fund the county law library fund, if authorized
  by the county commissioners court (Sec. 323.023, Local Government
  Code) . . . not to exceed $35.
         (c)  Section 101.1014, Government Code, is amended to
  conform to the amendments made to Section 101.101, Government Code,
  by Chapter 275 (H.B. 290), Acts of the 80th Legislature, Regular
  Session, 2007, and to conform to Chapter 614 (H.B. 417), Acts of the
  80th Legislature, Regular Session, 2007, to read as follows:
         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)  fee for deposit of a will with the county clerk
  during testator's lifetime (Sec. 71, Texas Probate Code) . . . $5
  [$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; and
               (4)  costs for attorney ad litem appointed to pursue
  the restoration of a ward's capacity or modification of the ward's
  guardianship (Secs. 694C and 694L, Texas Probate Code) . . .
  reasonable compensation.
         (d)  Section 101.101, Government Code, as amended by
  Chapters 275 (H.B. 290), 399 (S.B. 819), 718 (H.B. 2359), and 1342
  (S.B. 1951), Acts of the 80th Legislature, Regular Session, 2007,
  is repealed. Section 101.101, Government Code, as amended by
  Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
  Session, 2007, to reorganize and renumber that section, continues
  in effect.
         (e)  Section 101.1016, Government Code, is repealed.
         SECTION 11.108.  Section 101.1212, Government Code, is
  amended to conform to Chapter 26 (S.B. 325), Acts of the 80th
  Legislature, Regular Session, 2007, to read as follows:
         Sec. 101.1212.  COUNTY COURT FEES AND COSTS: GOVERNMENT
  CODE. The clerk of a county court shall collect the following fees
  and costs under the Government Code:
               (1)  appellate judicial system filing fees:
                     (A)  First or Fourteenth Court of Appeals District
  (Sec. 22.2021, Government Code) . . . not more than $5;
                     (B)  Second Court of Appeals District (Sec.
  22.2031, Government Code) . . . not more than $5;
                     (C)  Third Court of Appeals District (Sec.
  22.2041, Government Code) . . . $5;
                     (D)  Fourth Court of Appeals District (Sec.
  22.2051, Government Code) . . . not more than $5;
                     (E)  Fifth Court of Appeals District (Sec.
  22.2061, Government Code) . . . not more than $5;
                     (F)  Ninth Court of Appeals District (Sec.
  22.2101, Government Code) . . . $5;
                     (G)  Eleventh Court of Appeals District (Sec.
  22.2121, Government Code) . . . $5; and
                     (H) [(G)]  Thirteenth Court of Appeals District
  (Sec. 22.2141, Government Code) . . . not more than $5;
               (2)  a jury fee (Sec. 51.604, Government Code) . . .
  $22; and
               (3)  a filing fee in each civil case filed to be used
  for court-related purposes for the support of the judiciary (Sec.
  51.703, Government Code) . . . $40.
         SECTION 11.109.  (a)  Section 101.1214, Government Code, is
  amended to conform to the amendments made to Section 101.121,
  Government Code, by Chapter 399 (S.B. 819), Acts of the 80th
  Legislature, Regular Session, 2007, and to conform to the
  amendments made to Section 101.123, Government Code, by Chapter
  1301 (S.B. 600), Acts of the 80th Legislature, Regular Session,
  2007, and is further amended to read as follows:
         Sec. 101.1214.  COUNTY COURT FEES AND COSTS: LOCAL
  GOVERNMENT CODE. The clerk of a county court shall collect the
  following fees and costs under the Local Government Code:
               (1)  additional filing fee to fund contingency fund for
  liability insurance, if authorized by the county commissioners
  court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
               (2)  civil court actions (Sec. 118.052, Local
  Government Code):
                     (A)  filing of original action (Secs. 118.052 and
  118.053, Local Government Code):
                           (i)  garnishment after judgment (Sec.
  118.052, Local Government Code) . . . $15; and
                           (ii)  all others (Sec. 118.052, Local
  Government Code) . . . $40;
                     (B)  filing of action other than original (Secs.
  118.052 and 118.054, Local Government Code) . . . $30; and
                     (C)  services rendered after judgment in original
  action (Secs. 118.052 and 118.0545, Local Government Code):
                           (i)  abstract of judgment (Sec. 118.052,
  Local Government Code) . . . $5; and
                           (ii)  execution, order of sale, writ, or
  other process (Sec. 118.052, Local Government Code) . . . $5;
               (3)  probate court actions (Sec. 118.052, Local
  Government Code):
                     (A)  probate original action (Secs. 118.052 and
  118.055, Local Government Code):
                           (i)  probate of a will with independent
  executor, administration with will attached, administration of an
  estate, guardianship or receivership of an estate, or muniment of
  title (Sec. 118.052, Local Government Code) . . . $40;
                           (ii)  community survivors (Sec. 118.052,
  Local Government Code) . . . $40;
                           (iii)  small estates (Sec. 118.052, Local
  Government Code) . . . $40;
                           (iv)  declarations of heirship (Sec.
  118.052, Local Government Code) . . . $40;
                           (v)  mental health or chemical dependency
  services (Sec. 118.052, Local Government Code) . . . $40; and
                           (vi)  additional, special fee (Secs. 118.052
  and 118.064, Local Government Code) . . . $5;
                     (B)  services in pending probate action (Secs.
  118.052 and 118.056, Local Government Code):
                           (i)  filing an inventory and appraisement
  (Secs. [after the 120th day after the date of the initial filing of
  the action (Sec.] 118.052 and 118.056(d), Local Government Code)
  . . . $25;
                           (ii)  approving and recording bond (Sec.
  118.052, Local Government Code) . . . $3;
                           (iii)  administering oath (Sec. 118.052,
  Local Government Code) . . . $2;
                           (iv)  filing annual or final account of
  estate (Sec. 118.052, Local Government Code) . . . $25;
                           (v)  filing application for sale of real or
  personal property (Sec. 118.052, Local Government Code) . . . $25;
                           (vi)  filing annual or final report of
  guardian of a person (Sec. 118.052, Local Government Code) . . .
  $10; and
                           (vii)  filing a document not listed under
  this paragraph after the filing of an order approving the inventory
  and appraisement or after the 120th day after the date of the
  initial filing of the action, whichever occurs first (Secs. 118.052
  and 191.007, Local Government Code), if more than 25 pages . . .
  $25;
                     (C)  adverse probate action (Secs. 118.052 and
  118.057, Local Government Code) . . . $40; [and]
                     (D)  claim against estate (Secs. 118.052 and
  118.058, Local Government Code) . . . $2; and
                     (E)  supplemental court-initiated guardianship
  fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20;
               (4)  other fees (Sec. 118.052, Local Government Code):
                     (A)  issuing document (Secs. 118.052 and 118.059,
  Local Government Code):
                           (i)  original document and one copy (Sec.
  118.052, Local Government Code) . . . $4; and
                           (ii)  each additional set of an original and
  one copy (Sec. 118.052, Local Government Code) . . . $4;
                     (B)  certified papers (Secs. 118.052 and 118.060,
  Local Government Code):
                           (i)  for the clerk's certificate (Sec.
  118.052, Local Government Code) . . . $5; and
                           (ii)  a fee per page or part of a page (Sec.
  118.052, Local Government Code) . . . $1;
                     (C)  noncertified papers, for each page or part of
  a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
  $1;
                     (D)  letters testamentary, letter of
  guardianship, letter of administration, or abstract of judgment
  (Secs. 118.052 and 118.061, Local Government Code) . . . $2;
                     (E)  safekeeping of wills (Secs. 118.052 and
  118.062, Local Government Code) . . . $5;
                     (F)  mail service of process (Secs. 118.052 and
  118.063, Local Government Code) . . . same as sheriff; and
                     (G)  records management and preservation fee
  (Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
  . . . $5;
               (5)  deposit on filing petition requesting permission
  to create a municipal civic center authority (Sec. 281.013, Local
  Government Code) . . . $200;
               (6)  additional filing fee to fund the courthouse
  security fund, if authorized by the county commissioners court
  (Sec. 291.008, Local Government Code) . . . not to exceed $5;
               (7)  additional filing fee for filing documents not
  subject to certain filing fees to fund the courthouse security
  fund, if authorized by the county commissioners court (Sec.
  291.008, Local Government Code) . . . $1;
               (8)  additional filing fee to fund the courthouse
  security fund in Webb County, if authorized by the county
  commissioners court (Sec. 291.009, Local Government Code) . . . not
  to exceed $20;
               (9)  court cost in civil cases other than suits for
  delinquent taxes to fund the county law library fund, if authorized
  by the county commissioners court (Sec. 323.023, Local Government
  Code) . . . not to exceed $35;
               (10)  additional filing fee for filing any civil action
  or proceeding requiring a filing fee, including an appeal, and on
  the filing of any counterclaim, cross-action, intervention,
  interpleader, or third-party action requiring a filing fee, to fund
  civil legal services for the indigent (Sec. 133.153, Local
  Government Code) . . . $5; and
               (11)  on the filing of a civil suit an additional filing
  fee to be used for court-related purposes for the support of the
  judiciary (Sec. 133.154, Local Government Code) . . . $42 [$37].
         (b)  Section 101.1215, Government Code, is amended to
  conform to the amendments made to Section 101.121, Government Code,
  by Chapter 275 (H.B. 290), Acts of the 80th Legislature, Regular
  Session, 2007, and to conform to Chapter 614 (H.B. 417), Acts of the
  80th Legislature, Regular Session, 2007, to read as follows:
         Sec. 101.1215.  COUNTY COURT FEES AND COSTS: TEXAS PROBATE
  CODE. The clerk of a county court shall collect the following fees
  and costs under the Texas Probate Code:
               (1)  fee for deposit of a will with the county clerk
  during testator's lifetime (Sec. 71, Texas Probate Code) . . . $5
  [$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; and
               (4)  costs for attorney ad litem appointed to pursue
  the restoration of a ward's capacity or modification of the ward's
  guardianship (Secs. 694C and 694L, Texas Probate Code) . . .
  reasonable compensation.
         (c)  Section 101.121, Government Code, as amended by
  Chapters 275 (H.B. 290) and 399 (S.B. 819), Acts of the 80th
  Legislature, Regular Session, 2007, is repealed. Section 101.121,
  Government Code, as amended by Chapter 921 (H.B. 3167), Acts of the
  80th Legislature, Regular Session, 2007, to reorganize and renumber
  that section, continues in effect.
         (d)  Sections 101.1217 and 101.123, Government Code, are
  repealed.
         SECTION 11.110.  (a)  Section 101.141(b), Government Code,
  as amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
  Regular Session, 2007, is amended to conform to the amendments made
  to Section 101.141(a), Government Code, by Chapters 1046 (H.B.
  2094) and 1342 (S.B. 1951), Acts of the 80th Legislature, Regular
  Session, 2007, to read as follows:
         (b)  A clerk of a justice court shall collect fees and costs
  under other laws as follows:
               (1)  the cost of a special program that a court may
  order a child to attend after a finding that the child committed an
  offense, if ordered by the court (Art. 45.057, Code of Criminal
  Procedure) . . . costs of the program not to exceed $100;
               (2)  additional filing fees:
                     (A)  to fund Dallas County civil court facilities
  (Sec. 51.705, Government Code) . . . not more than $15; [and]
                     (B)  for filing any civil action or proceeding
  requiring a filing fee, including an appeal, and on the filing of
  any counterclaim, cross-action, intervention, interpleader, or
  third-party action requiring a filing fee, to fund civil legal
  services for the indigent (Sec. 133.153, Local Government Code)
  . . . $2; and
                     (C)  to fund the improvement of Hays County court
  facilities, if authorized by the county commissioners court (Sec.
  51.707, Government Code) . . . not more than $15;
               (3)  for filing a suit in Comal County (Sec. 152.0522,
  Human Resources Code) . . . $1.50; and
               (4)  fee for hearing on probable cause for removal of a
  vehicle and placement in a storage facility if assessed by the court
  (Sec. 2308.457, Occupations [685.008, Transportation] Code) . . .
  $20.
         (b)  Section 101.151(a), Government Code, is amended to
  conform to the amendments made to Section 101.141(b), Government
  Code, by Chapter 552 (S.B. 1412), Acts of the 80th Legislature,
  Regular Session, 2007, to read as follows:
         (a)  A justice of the peace shall collect the following fees
  under the Local Government Code:
               (1)  services rendered before judgment (Secs. 118.121
  and 118.122, Local Government Code):
                     (A)  justice court (Sec. 118.121, Local
  Government Code) . . . $25 [$15]; and
                     (B)  small claims court (Sec. 118.121, Local
  Government Code) . . . $25 [$10]; and
               (2)  services rendered after judgment (Secs. 118.121
  and 118.123, Local Government Code):
                     (A)  transcript (Sec. 118.121, Local Government
  Code) . . . $10;
                     (B)  abstract of judgment (Sec. 118.121, Local
  Government Code) . . . $5;
                     (C)  execution, order of sale, writ of
  restitution, or other writ or process (Sec. 118.121, Local
  Government Code) . . . $5 per page;
                     (D)  certified copy of court papers (Secs. 118.121
  and 118.1235, Local Government Code) . . . $2 for first page; $0.25
  for each additional page; and
                     (E)  issuing other document (no return required)
  (Sec. 118.121, Local Government Code) . . . $1 for first page;
  $0.25 for each additional page.
         (c)  Section 101.141, Government Code, as amended by
  Chapters 552 (S.B. 1412), 1046 (H.B. 2094), and 1342 (S.B. 1951),
  Acts of the 80th Legislature, Regular Session, 2007, is repealed.
  Section 101.141, Government Code, as amended by Chapter 921 (H.B.
  3167), Acts of the 80th Legislature, Regular Session, 2007, to
  reorganize and renumber that section, continues in effect as
  amended by this section.
         SECTION 11.111.  (a)  Section 102.021, Government Code, is
  amended to conform to Chapter 1263 (H.B. 3060), Acts of the 80th
  Legislature, Regular Session, 2007, and is further amended to read
  as follows:
         Sec. 102.021.  COURT COSTS ON CONVICTION: CODE OF CRIMINAL
  PROCEDURE. A person convicted of an offense shall pay the following
  under the Code of Criminal Procedure, in addition to all other
  costs:
               (1)  court cost on conviction of any offense, other
  than a conviction of an offense relating to a pedestrian or the
  parking of a motor vehicle (Art. 102.0045, Code of Criminal
  Procedure) . . . $4;
               (2)  a fee for services of prosecutor (Art. 102.008,
  Code of Criminal Procedure) . . . $25;
               (3)  fees for services of peace officer:
                     (A)  issuing a written notice to appear in court
  for certain violations (Art. 102.011, Code of Criminal Procedure)
  . . . $5;
                     (B)  executing or processing an issued arrest
  warrant, [or] capias, or capias pro fine (Art. 102.011, Code of
  Criminal Procedure) . . . $50;
                     (C)  summoning a witness (Art. 102.011, Code of
  Criminal Procedure) . . . $5;
                     (D)  serving a writ not otherwise listed (Art.
  102.011, Code of Criminal Procedure) . . . $35;
                     (E)  taking and approving a bond and, if
  necessary, returning the bond to courthouse (Art. 102.011, Code of
  Criminal Procedure) . . . $10;
                     (F)  commitment or release (Art. 102.011, Code of
  Criminal Procedure) . . . $5;
                     (G)  summoning a jury (Art. 102.011, Code of
  Criminal Procedure) . . . $5;
                     (H)  attendance of a prisoner in habeas corpus
  case if prisoner has been remanded to custody or held to bail (Art.
  102.011, Code of Criminal Procedure) . . . $8 each day;
                     (I)  mileage for certain services performed (Art.
  102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
                     (J)  services of a sheriff or constable who serves
  process and attends examining trial in certain cases (Art. 102.011,
  Code of Criminal Procedure) . . . not to exceed $5;
               (4)  services of a peace officer in conveying a witness
  outside the county (Art. 102.011, Code of Criminal Procedure) . . .
  $10 per day or part of a day, plus actual necessary travel expenses;
               (5)  overtime of peace officer for time spent
  testifying in the trial or traveling to or from testifying in the
  trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
               (6)  court costs on an offense relating to rules of the
  road, when offense occurs within a school crossing zone (Art.
  102.014, Code of Criminal Procedure) . . . $25;
               (7)  court costs on an offense of passing a school bus
  (Art. 102.014, Code of Criminal Procedure) . . . $25;
               (8)  court costs on an offense of truancy or
  contributing to truancy (Art. 102.014, Code of Criminal Procedure)
  . . . $20;
               (9)  cost for visual recording of intoxication arrest
  before conviction (Art. 102.018, Code of Criminal Procedure) . . .
  $15;
               (10)  cost of certain evaluations (Art. 102.018, Code
  of Criminal Procedure) . . . actual cost;
               (11)  additional costs attendant to certain
  intoxication convictions under Chapter 49, Penal Code, for
  emergency medical services, trauma facilities, and trauma care
  systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
               (12)  additional costs attendant to certain child
  sexual assault and related convictions, for child abuse prevention
  programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
               (13)  cost for DNA testing for certain felonies (Art.
  102.020, Code of Criminal Procedure) . . . $250;
               (14)  court cost on an offense of public lewdness or
  indecent exposure (Art. 102.020, Code of Criminal Procedure) . . .
  $50;
               (15)  if required by the court, a restitution fee for
  costs incurred in collecting restitution installments and for the
  compensation to victims of crime fund (Art. 42.037, Code of
  Criminal Procedure) . . . $12; [and]
               (16)  if directed by the justice of the peace or
  municipal court judge hearing the case, court costs on conviction
  in a criminal action (Art. 45.041, Code of Criminal Procedure)
  . . . part or all of the costs as directed by the judge; and
               (17)  costs attendant to convictions under Chapter 49,
  Penal Code, and under Chapter 481, Health and Safety Code, to help
  fund drug court programs established under Chapter 469, Health and
  Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $50.
         (b)  Section 102.0215, Government Code, is repealed.
         SECTION 11.112.  (a)  Section 102.0212, Government Code, is
  amended to conform to the amendments made to Section 102.022,
  Government Code, by Chapter 1301 (S.B. 600), Acts of the 80th
  Legislature, Regular Session, 2007, and is further amended to read
  as follows:
         Sec. 102.0212.  COURT COSTS ON CONVICTION: LOCAL GOVERNMENT
  CODE. A person convicted of an offense shall pay the following
  under the Local Government Code, in addition to all other costs:
               (1)  court costs on conviction of a felony (Sec.
  133.102, Local Government Code) . . . $133;
               (2)  court costs on conviction of a Class A or Class B
  misdemeanor (Sec. 133.102, Local Government Code) . . . $83;
               (3)  court costs on conviction of a nonjailable
  misdemeanor offense, including a criminal violation of a municipal
  ordinance, other than a conviction of an offense relating to a
  pedestrian or the parking of a motor vehicle (Sec. 133.102, Local
  Government Code) . . . $40;
               (4)  a time payment fee if convicted of a felony or
  misdemeanor for paying any part of a fine, court costs, or
  restitution on or after the 31st day after the date on which a
  judgment is entered assessing the fine, court costs, or restitution
  (Sec. 133.103, Local Government Code) . . . $25; [and]
               (5)  a cost on conviction of any offense, other than an
  offense relating to a pedestrian or the parking of a motor vehicle
  (Sec. 133.105, Local Government Code) . . . $6; and
               (6)  a cost on conviction of any offense, other than an
  offense relating to a pedestrian or the parking of a motor vehicle
  (Sec. 133.107, Local Government Code) . . . $2 [$4].
         (b)  Sections 102.022 and 102.023, Government Code, are
  repealed.
         SECTION 11.113.  (a)  Section 102.041, Government Code, as
  amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
  Regular Session, 2007, is amended to conform to the amendments made
  by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular
  Session, 2007, to Section 102.041, Government Code, to read as
  follows:
         Sec. 102.041.  ADDITIONAL COURT COSTS ON CONVICTION IN
  DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
  district court shall collect fees and costs under the Code of
  Criminal Procedure on conviction of a defendant as follows:
               (1)  a jury fee (Art. 102.004, Code of Criminal
  Procedure) . . . $20;
               (2)  a fee for clerk of the court services (Art.
  102.005, Code of Criminal Procedure) . . . $40;
               (3)  a records management and preservation services fee
  (Art. 102.005, Code of Criminal Procedure) . . . $25;
               (4)  a security fee on a felony offense (Art. 102.017,
  Code of Criminal Procedure) . . . $5;
               (5)  a security fee on a misdemeanor offense (Art.
  102.017, Code of Criminal Procedure) . . . $3; and
               (6)  a juvenile delinquency prevention and graffiti
  eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
  $50 [$5].
         (b)  Section 102.041, Government Code, as amended by Chapter
  1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
  2007, is repealed. Section 102.041, Government Code, as amended by
  Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
  Session, 2007, to reorganize and renumber that section, continues
  in effect as further amended by this section.
         SECTION 11.114.  (a)  Section 102.061, Government Code, as
  reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th
  Legislature, Regular Session, 2007, is amended to conform to the
  amendments made to Section 102.061, Government Code, by Chapter
  1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
  2007, to read as follows:
         Sec. 102.061.  ADDITIONAL COURT COSTS ON CONVICTION IN
  STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
  statutory county court shall collect fees and costs under the Code
  of Criminal Procedure on conviction of a defendant as follows:
               (1)  a jury fee (Art. 102.004, Code of Criminal
  Procedure) . . . $20;
               (2)  a fee for services of the clerk of the court (Art.
  102.005, Code of Criminal Procedure) . . . $40;
               (3)  a records management and preservation services fee
  (Art. 102.005, Code of Criminal Procedure) . . . $25;
               (4)  a security fee on a misdemeanor offense (Art.
  102.017, Code of Criminal Procedure) . . . $3;
               (5)  a juvenile delinquency prevention and graffiti
  eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
  $50 [$5]; and
               (6)  a juvenile case manager fee (Art. 102.0174, Code
  of Criminal Procedure) . . . not to exceed $5.
         (b)  Section 102.061, Government Code, as amended by Chapter
  1053, Acts of the 80th Legislature, Regular Session, 2007, is
  repealed. Section 102.061, Government Code, as reenacted and
  amended by Chapter 921, Acts of the 80th Legislature, Regular
  Session, 2007, to reorganize and renumber that section, continues
  in effect as further amended by this section.
         SECTION 11.115.  (a)  Section 102.081, Government Code, as
  amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
  Regular Session, 2007, is amended to conform to the amendments made
  to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151),
  Acts of the 80th Legislature, Regular Session, 2007, to read as
  follows:
         Sec. 102.081.  ADDITIONAL COURT COSTS ON CONVICTION IN
  COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
  court shall collect fees and costs under the Code of Criminal
  Procedure on conviction of a defendant as follows:
               (1)  a jury fee (Art. 102.004, Code of Criminal
  Procedure) . . . $20;
               (2)  a fee for clerk of the court services (Art.
  102.005, Code of Criminal Procedure) . . . $40;
               (3)  a records management and preservation services fee
  (Art. 102.005, Code of Criminal Procedure) . . . $25;
               (4)  a security fee on a misdemeanor offense (Art.
  102.017, Code of Criminal Procedure) . . . $3;
               (5)  a juvenile delinquency prevention and graffiti
  eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
  $50 [$5]; and
               (6)  a juvenile case manager fee (Art. 102.0174, Code
  of Criminal Procedure) . . . not to exceed $5.
         (b)  Section 102.081, Government Code, as amended by Chapter
  1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
  2007, is repealed. Section 102.081, Government Code, as amended by
  Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
  Session, 2007, to reorganize and renumber that section, continues
  in effect as further amended by this section.
         SECTION 11.116.  (a)  Section 103.021, Government Code, as
  amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
  Regular Session, 2007, is amended to conform to the amendments made
  to Section 103.021, Government Code, by Chapter 1226 (H.B. 2385),
  Acts of the 80th Legislature, Regular Session, 2007, and to conform
  to Chapters 805 (S.B. 1083) and 910 (H.B. 2949), Acts of the 80th
  Legislature, Regular Session, 2007, and is further amended to read
  as follows:
         Sec. 103.021.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR
  CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
  or a party to a civil suit, as applicable, shall pay the following
  fees and costs under the Code of Criminal Procedure if ordered by
  the court or otherwise required:
               (1)  a personal bond fee (Art. 17.42, Code of Criminal
  Procedure) . . . the greater of $20 or three percent of the amount
  of the bail fixed for the accused;
               (2)  cost of electronic monitoring as a condition of
  release on personal bond (Art. 17.43, Code of Criminal Procedure)
  . . . actual cost;
               (3)  a fee for verification of and monitoring of motor
  vehicle ignition interlock (Art. 17.441, Code of Criminal
  Procedure) . . . not to exceed $10;
               (4)  repayment of reward paid by a crime stoppers
  organization on conviction of a felony (Art. 37.073, Code of
  Criminal Procedure) . . . amount ordered;
               (5)  reimbursement to general revenue fund for payments
  made to victim of an offense as condition of community supervision
  (Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for
  a misdemeanor offense or $100 for a felony offense;
               (6)  payment to a crime stoppers organization as
  condition of community supervision (Art. 42.12, Code of Criminal
  Procedure) . . . not to exceed $50;
               (7)  children's advocacy center fee (Art. 42.12, Code
  of Criminal Procedure) . . . not to exceed $50;
               (8)  family violence shelter center fee (Art. 42.12,
  Code of Criminal Procedure) . . . not to exceed $100;
               (9)  community supervision fee (Art. 42.12, Code of
  Criminal Procedure) . . . not less than $25 or more than $60 per
  month;
               (10)  additional community supervision fee for certain
  offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
  month;
               (11)  for certain financially able sex offenders as a
  condition of community supervision, the costs of treatment,
  specialized supervision, or rehabilitation (Art. 42.12, Code of
  Criminal Procedure) . . . all or part of the reasonable and
  necessary costs of the treatment, supervision, or rehabilitation as
  determined by the judge;
               (12)  fee for failure to appear for trial in a justice
  or municipal court if a jury trial is not waived (Art. 45.026, Code
  of Criminal Procedure) . . . costs incurred for impaneling the
  jury;
               (13)  costs of certain testing, assessments, or
  programs during a deferral period (Art. 45.051, Code of Criminal
  Procedure) . . . amount ordered;
               (14)  special expense on dismissal of certain
  misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
  . . . not to exceed amount of fine assessed;
               (15)  an additional fee:
                     (A)  for a copy of the defendant's driving record
  to be requested from the Department of Public Safety by the judge
  (Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
  to sum of fee established by Section 521.048, Transportation Code,
  and the TexasOnline fee [$10];
                     (B)  as an administrative fee for requesting a
  driving safety course or a course under the motorcycle operator
  training and safety program for certain traffic offenses to cover
  the cost of administering the article (Art. 45.0511(f)(1), Code of
  Criminal Procedure) . . . not to exceed $10; or
                     (C)  for requesting a driving safety course or a
  course under the motorcycle operator training and safety program
  before the final disposition of the case (Art. 45.0511(f)(2), Code
  of Criminal Procedure) . . . not to exceed the maximum amount of the
  fine for the offense committed by the defendant;
               (16)  a request fee for teen court program (Art.
  45.052, Code of Criminal Procedure) . . . $20, if the court
  ordering the fee is located in the Texas-Louisiana border region,
  but otherwise not to exceed $10;
               (17)  a fee to cover costs of required duties of teen
  court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
  court ordering the fee is located in the Texas-Louisiana border
  region, but otherwise $10;
               (18)  a mileage fee for officer performing certain
  services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
  mile;
               (19)  certified mailing of notice of hearing date (Art.
  102.006, Code of Criminal Procedure) . . . $1, plus postage;
               (20)  certified mailing of certified copies of an order
  of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
  plus postage;
               (20-a)  a fee to defray the cost of notifying state
  agencies of orders of expungement (Art. 45.0216, Code of Criminal
  Procedure) . . . $30 per application;
               (20-b)  a fee to defray the cost of notifying state
  agencies of orders of expunction (Art. 45.055, Code of Criminal
  Procedure) . . . $30 per application;
               (21)  sight orders:
                     (A)  if the face amount of the check or sight order
  does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
  . . . not to exceed $10;
                     (B)  if the face amount of the check or sight order
  is greater than $10 but does not exceed $100 (Art. 102.007, Code of
  Criminal Procedure) . . . not to exceed $15;
                     (C)  if the face amount of the check or sight order
  is greater than $100 but does not exceed $300 (Art. 102.007, Code of
  Criminal Procedure) . . . not to exceed $30;
                     (D)  if the face amount of the check or sight order
  is greater than $300 but does not exceed $500 (Art. 102.007, Code of
  Criminal Procedure) . . . not to exceed $50; and
                     (E)  if the face amount of the check or sight order
  is greater than $500 (Art. 102.007, Code of Criminal Procedure)
  . . . not to exceed $75;
               (22)  fees for a pretrial intervention program:
                     (A)  a supervision fee (Art. 102.012(a)
  [102.012], Code of Criminal Procedure) . . . [not to exceed] $60 a
  month plus expenses; and
                     (B)  a district attorney, criminal district
  attorney, or county attorney administrative fee (Art. 102.0121,
  Code of Criminal Procedure) . . . not to exceed $500;
               (23)  parking fee violations for child safety fund in
  municipalities with populations:
                     (A)  greater than 850,000 (Art. 102.014, Code of
  Criminal Procedure) . . . not less than $2 and not to exceed $5; and
                     (B)  less than 850,000 (Art. 102.014, Code of
  Criminal Procedure) . . . not to exceed $5;
               (24)  an administrative fee for collection of fines,
  fees, restitution, or other costs (Art. 102.072, Code of Criminal
  Procedure) . . . not to exceed $2 for each transaction; and
               (25)  a collection fee, if authorized by the
  commissioners court of a county or the governing body of a
  municipality, for certain debts and accounts receivable, including
  unpaid fines, fees, court costs, forfeited bonds, and restitution
  ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
  percent of an amount more than 60 days past due.
         (b)  Section 103.021, Government Code, as amended by Chapter
  1226 (H.B. 2385), Acts of the 80th Legislature, Regular Session,
  2007, is repealed. Section 103.021, Government Code, as amended by
  Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
  Session, 2007, to reorganize and renumber that section, continues
  in effect as further amended by this section.
         SECTION 11.117.  Section 103.0212, Government Code, is
  amended to conform to Chapters 910 (H.B. 2949) and 1053 (H.B. 2151),
  Acts of the 80th Legislature, Regular Session, 2007, and is further
  amended to read as follows:
         Sec. 103.0212.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR
  CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a
  civil suit, as applicable, shall pay the following fees and costs
  under the Family Code if ordered by the court or otherwise required:
               (1)  in family matters:
                     (A)  issuing writ of withholding (Sec. 8.262,
  Family Code) . . . $15;
                     (B)  filing copy of writ of withholding to
  subsequent employer (Sec. 8.267, Family Code) . . . $15;
                     (C)  issuing and delivering modified writ of
  withholding or notice of termination (Sec. 8.302, Family Code)
  . . . $15;
                     (D)  issuing and delivering notice of termination
  of withholding (Sec. 8.303, Family Code) . . . $15;
                     (E)  issuance of change of name certificate (Sec.
  45.106, Family Code) . . . $10;
                     (F)  protective order fee (Sec. 81.003, Family
  Code) . . . $16;
                     (G)  filing suit requesting adoption of child
  (Sec. 108.006, Family Code) . . . $15;
                     (H)  filing fees for suits affecting parent-child
  relationship (Sec. 110.002, Family Code):
                           (i)  suit or motion for modification (Sec.
  110.002, Family Code) . . . $15;
                           (ii)  motion for enforcement (Sec. 110.002,
  Family Code) . . . $15;
                           (iii)  notice of application for judicial
  writ of withholding (Sec. 110.002, Family Code) . . . $15;
                           (iv)  motion to transfer (Sec. 110.002,
  Family Code) . . . $15;
                           (v)  petition for license suspension (Sec.
  110.002, Family Code) . . . $15;
                           (vi)  motion to revoke a stay of license
  suspension (Sec. 110.002, Family Code) . . . $15; and
                           (vii)  motion for contempt (Sec. 110.002,
  Family Code) . . . $15;
                     (I)  order or writ of income withholding to be
  delivered to employer (Sec. 110.004, Family Code) . . . not to
  exceed $15;
                     (J)  filing fee for transferred case (Sec.
  110.005, Family Code) . . . $45;
                     (K)  filing a writ of withholding (Sec. 158.319,
  Family Code) . . . $15;
                     (L)  filing a request for modified writ of
  withholding or notice of termination (Sec. 158.403, Family Code)
  . . . not to exceed $15;
                     (M)  filing an administrative writ to employer
  (Sec. 158.503, Family Code) . . . not to exceed $15; and
                     (N)  genetic testing fees in relation to a child
  born to a gestational mother (Sec. 160.762, Family Code) . . . as
  assessed by the court; and
               (2)  in juvenile court:
                     (A)  fee schedule for deferred prosecution
  services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month;
                     (B)  a request fee for a teen court program
  [administration fee] (Sec. 54.032, Family Code) . . . $20, if the
  court ordering the fee is located in the Texas-Louisiana border
  region, but otherwise not to exceed $10;
                     (C)  court costs for juvenile probation diversion
  fund (Sec. 54.0411, Family Code) . . . $20;
                     (D)  a juvenile delinquency prevention fee (Sec.
  54.0461, Family Code) . . . $50 [$5]; [and]
                     (E)  a court fee for child's probationary period
  (Sec. 54.061, Family Code) . . . not to exceed $15 a month; and
                     (F)  a fee to cover costs of required duties of
  teen court (Sec. 54.032, Family Code) . . . $20, if the court
  ordering the fee is located in the Texas-Louisiana border region,
  but otherwise not to exceed $10.
         SECTION 11.118.  Section 103.0213, Government Code, is
  amended to conform to Chapter 1027 (H.B. 1623), Acts of the 80th
  Legislature, Regular Session, 2007, to read as follows:
         Sec. 103.0213.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR
  CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a
  party to a civil suit, as applicable, shall pay the following fees
  and costs under the Transportation Code if ordered by the court or
  otherwise required:
               (1)  administrative fee on dismissal of charge of
  driving with an expired motor vehicle registration (Sec. 502.407,
  Transportation Code) . . . not to exceed $20 [$10];
               (2)  administrative fee on dismissal of charge of
  driving with an expired driver's license (Sec. 521.026,
  Transportation Code) . . . not to exceed $20 [$10];
               (3)  administrative fee on remediation of charge of
  driving with an expired inspection certificate (Sec. 548.605,
  Transportation Code) . . . not to exceed $20 [$10];
               (4)  administrative fee for failure to appear for a
  complaint or citation on certain offenses (Sec. 706.006,
  Transportation Code) . . . $30 for each violation; and
               (5)  administrative fee for failure to pay or satisfy
  certain judgments (Sec. 706.006, Transportation Code) . . . $30.
         SECTION 11.119.  (a)  Section 103.027, Government Code, is
  amended to conform to the amendments made to Section 103.022,
  Government Code, by Chapter 36 (S.B. 844), Acts of the 80th
  Legislature, Regular Session, 2007, to read as follows:
         Sec. 103.027.  MISCELLANEOUS FEES AND COSTS: GOVERNMENT
  CODE. Fees and costs shall be paid or collected under the
  Government Code as follows:
               (1)  filing a certified copy of a judicial finding of
  fact and conclusion of law if charged by the secretary of state
  (Sec. 51.905, Government Code) . . . $15;
               (2)  cost paid by each surety posting the bail bond for
  an offense other than a misdemeanor punishable by fine only under
  Chapter 17, Code of Criminal Procedure, for the assistant [felony]
  prosecutor supplement fund and the fair defense account (Sec.
  41.258, Government Code) . . . $15, provided the cost does not
  exceed $30 for all bail bonds posted at that time for an individual
  and the cost is not required on the posting of a personal or cash
  bond;
               (3)  to participate in a court proceeding in this
  state, a nonresident attorney fee for civil legal services to the
  indigent (Sec. 82.0361, Government Code) . . . $250 except as
  waived or reduced under supreme court rules for representing an
  indigent person;
               (4)  on a party's appeal of a final decision in a
  contested case, the cost of preparing the original or a certified
  copy of the record of the agency proceeding, if required by the
  agency's rule, as a court cost (Sec. 2001.177, Government Code)
  . . . as assessed by the court, all or part of the cost of
  preparation;
               (5)  compensation to a referee in juvenile court in
  Wichita County taxed as costs if the judge determines the parties
  are able to pay the costs (Sec. 54.403, Government Code) . . . as
  determined by the judge; and
               (6)  the expense of preserving the record as a court
  cost in Brazos County if imposed on a party by the referring court
  or magistrate (Sec. 54.1111, Government Code) . . . actual cost.
         (b)  Section 103.022, Government Code, as amended by Chapter
  36 (S.B. 844), Acts of the 80th Legislature, Regular Session, 2007,
  is repealed. Section 103.022, Government Code, as reenacted and
  amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
  Regular Session, 2007, to reorganize and renumber that section,
  continues in effect.
         SECTION 11.120.  Section 103.029, Government Code, is
  amended to conform to the amendments made by Chapter 625 (H.B. 530),
  Acts of the 80th Legislature, Regular Session, 2007, to read as
  follows:
         Sec. 103.029.  MISCELLANEOUS FEES AND COSTS: HEALTH AND
  SAFETY CODE. Fees and costs shall be paid or collected under the
  Health and Safety Code as follows:
               (1)  a program fee for a drug court program established
  under Section 469.002, Health and Safety Code (Sec. 469.004, Health
  and Safety Code) . . . not to exceed $1,000; and
               (2)  an alcohol or controlled substance [a urinalysis]
  testing, [and] counseling, and treatment fee (Sec. 469.004, Health
  and Safety Code) . . . the amount necessary to cover the costs of
  testing, [and] counseling, and treatment.
  ARTICLE 12. CHANGES RELATING TO HEALTH AND SAFETY CODE
         SECTION 12.001.  Section 12.0112(b), Health and Safety Code,
  as amended by Chapters 42 (H.B. 1064) and 1061 (H.B. 2285), Acts of
  the 80th Legislature, Regular Session, 2007, is reenacted to read
  as follows:
         (b)  This section does not apply to:
               (1)  a license issued for a youth camp under Chapter
  141;
               (2)  a food manager certificate issued under Subchapter
  G, Chapter 438; or
               (3)  a license or registration under Chapter 401.
         SECTION 12.002.  Section 102.003, Health and Safety Code, as
  amended by Section 4, Chapter 266 (H.B. 14), and Section 3.02,
  Chapter 928 (H.B. 3249), Acts of the 80th Legislature, Regular
  Session, 2007, is reenacted to read as follows:
         Sec. 102.003.  SUNSET PROVISION. The Cancer Prevention and
  Research Institute of Texas is subject to Chapter 325, Government
  Code (Texas Sunset Act). Unless continued in existence as provided
  by that chapter, the institute is abolished and this chapter
  expires September 1, 2021.
         SECTION 12.003.  Section 182.101, Health and Safety Code, is
  amended to add a heading to read as follows:
         Sec. 182.101.  GENERAL POWERS AND DUTIES. The corporation
  may:
               (1)  establish statewide health information exchange
  capabilities, including capabilities for electronic laboratory
  results, diagnostic studies, and medication history delivery, and,
  where applicable, promote definitions and standards for electronic
  interactions statewide;
               (2)  seek funding to:
                     (A)  implement, promote, and facilitate the
  voluntary exchange of secure electronic health information between
  and among individuals and entities that are providing or paying for
  health care services or procedures; and
                     (B)  create incentives to implement, promote, and
  facilitate the voluntary exchange of secure electronic health
  information between and among individuals and entities that are
  providing or paying for health care services or procedures;
               (3)  establish statewide health information exchange
  capabilities for streamlining health care administrative functions
  including:
                     (A)  communicating point of care services,
  including laboratory results, diagnostic imaging, and prescription
  histories;
                     (B)  communicating patient identification and
  emergency room required information in conformity with state and
  federal privacy laws;
                     (C)  real-time communication of enrollee status
  in relation to health plan coverage, including enrollee
  cost-sharing responsibilities; and
                     (D)  current census and status of health plan
  contracted providers;
               (4)  support regional health information exchange
  initiatives by:
                     (A)  identifying data and messaging standards for
  health information exchange;
                     (B)  administering programs providing financial
  incentives, including grants and loans for the creation and support
  of regional health information networks, subject to available
  funds;
                     (C)  providing technical expertise where
  appropriate;
                     (D)  sharing intellectual property developed
  under Section 182.105;
                     (E)  waiving the corporation's fees associated
  with intellectual property, data, expertise, and other services or
  materials provided to regional health information exchanges
  operated on a nonprofit basis; and
                     (F)  applying operational and technical standards
  developed by the corporation to existing health information
  exchanges only on a voluntary basis, except for standards related
  to ensuring effective privacy and security of individually
  identifiable health information;
               (5)  identify standards for streamlining health care
  administrative functions across payors and providers, including
  electronic patient registration, communication of enrollment in
  health plans, and information at the point of care regarding
  services covered by health plans; and
               (6)  support the secure, electronic exchange of health
  information through other strategies identified by the board.
         SECTION 12.004.  Section 343.002(1), Health and Safety Code,
  is amended to conform cross-references to read as follows:
               (1)  "Abate" means to eliminate or remedy:
                     (A)  by removal, repair, rehabilitation, or
  demolition;
                     (B)  in the case of a nuisance under Section
  343.011(c)(1), (9) [(8)], or (10) [(9)], by prohibition or control
  of access; and
                     (C)  in the case of a nuisance under Section
  343.011(c)(12) [343.011(c)(11)], by removal, remediation, storage,
  transportation, disposal, or other means of waste management
  authorized by Chapter 361.
         SECTION 12.005.  Section 343.011(c), Health and Safety Code,
  as amended by Chapters 388 (S.B. 680) and 1366 (H.B. 3581), Acts of
  the 80th Legislature, Regular Session, 2007, is reenacted and
  amended to read as follows:
         (c)  A public nuisance is:
               (1)  keeping, storing, or accumulating refuse on
  premises in a neighborhood unless the refuse is entirely contained
  in a closed receptacle;
               (2)  keeping, storing, or accumulating rubbish,
  including newspapers, abandoned vehicles, refrigerators, stoves,
  furniture, tires, and cans, on premises in a neighborhood or within
  300 feet of a public street for 10 days or more, unless the rubbish
  or object is completely enclosed in a building or is not visible
  from a public street;
               (3)  maintaining premises in a manner that creates an
  unsanitary condition likely to attract or harbor mosquitoes,
  rodents, vermin, or disease-carrying pests;
               (4)  allowing weeds to grow on premises in a
  neighborhood if the weeds are located within 300 feet of another
  residence or commercial establishment;
               (5)  maintaining a building in a manner that is
  structurally unsafe or constitutes a hazard to safety, health, or
  public welfare because of inadequate maintenance, unsanitary
  conditions, dilapidation, obsolescence, disaster, damage, or
  abandonment or because it constitutes a fire hazard;
               (6)  maintaining on abandoned and unoccupied property
  in a neighborhood a swimming pool that is not protected with:
                     (A)  a fence that is at least four feet high and
  that has a latched and locked gate; and
                     (B)  a cover over the entire swimming pool that
  cannot be removed by a child;
               (7)  maintaining on any property in a neighborhood in a
  county with a population of more than 1.1 million a swimming pool
  that is not protected with:
                     (A)  a fence that is at least four feet high and
  that has a latched gate that cannot be opened by a child; or
                     (B)  a cover over the entire swimming pool that
  cannot be removed by a child;
               (8)  maintaining a flea market in a manner that
  constitutes a fire hazard;
               (9)  discarding refuse or creating a hazardous visual
  obstruction on:
                     (A)  county-owned land; or
                     (B)  land or easements owned or held by a special
  district that has the commissioners court of the county as its
  governing body;
               (10)  discarding refuse on the smaller of:
                     (A)  the area that spans 20 feet on each side of a
  utility line; or
                     (B)  the actual span of the utility easement;
               (11)  filling or blocking a drainage easement, failing
  to maintain a drainage easement, maintaining a drainage easement in
  a manner that allows the easement to be clogged with debris,
  sediment, or vegetation, or violating an agreement with the county
  to improve or maintain a drainage easement; or
               (12) [(11)]  discarding refuse on property that is not
  authorized for that activity.
         SECTION 12.006.  Section 343.021, Health and Safety Code, as
  amended by Chapters 388 (S.B. 680) and 1366 (H.B. 3581), Acts of the
  80th Legislature, Regular Session, 2007, is reenacted and amended
  to read as follows:
         Sec. 343.021.  AUTHORITY TO ABATE NUISANCE. If a county
  adopts abatement procedures that are consistent with the general
  purpose of this chapter and that conform to this chapter, the county
  may abate a nuisance under this chapter:
               (1)  by demolition or removal;
               (2)  in the case of a nuisance under Section
  343.011(c)(1), (9), or (10), by prohibiting or controlling access
  to the premises;
               (3)  in the case of a nuisance under Section
  343.011(c)(6), by:
                     (A)  prohibiting or controlling access to the
  premises and installing a cover that cannot be opened by a child
  over the entire swimming pool; or
                     (B)  draining and filling the swimming pool; or
               (4)  in the case of a nuisance under Section
  343.011(c)(12) [343.011(c)(11)], by removal, remediation, storage,
  transportation, disposal, or other means of waste management
  authorized under Chapter 361.
         SECTION 12.007.  Section 343.022(a), Health and Safety Code,
  as amended by Chapters 388 (S.B. 680) and 1366 (H.B. 3581), Acts of
  the 80th Legislature, Regular Session, 2007, is reenacted and
  amended to read as follows:
         (a)  The abatement procedures adopted by the commissioners
  court must be administered by a regularly salaried, full-time
  county employee.  A person authorized by the person administering
  the abatement program may administer:
               (1)  the prohibition or control of access to the
  premises to prevent a violation of Section 343.011(c)(1), (6), (9),
  or (10);
               (2)  the removal or demolition of the nuisance; and
               (3)  the abatement of a nuisance described by Section
  343.011(c)(12) [343.011(c)(11)].
         SECTION 12.008.  Section 361.035(c), Health and Safety Code,
  is amended to conform to Section 38, Chapter 333 (H.B. 3231), Acts
  of the 75th Legislature, Regular Session, 1997, to read as follows:
         (c)  A penalty collected under Subchapter C or D, Chapter 7,
  Water Code, for the late filing of a report required by this section
  shall be deposited to the credit of the hazardous and solid waste
  remediation fee account [fund].
         SECTION 12.009.  Sections 361.133(g) and (h), Health and
  Safety Code, are amended to conform to Section 38, Chapter 333 (H.B.
  3231), Acts of the 75th Legislature, Regular Session, 1997, to read
  as follows:
         (g)  Notwithstanding Subsection (c), the executive director
  may use money in the account [fund], including interest credited
  under Subsection (b)(4), for expenses concerning a cleanup or
  removal of a spill, release, or potential threat of release of a
  hazardous substance if the site is eligible for listing under
  Subchapter F, proposed for listing under Subchapter F, or listed
  under the state registry before September 1, 1989, and:
               (1)  immediate action is appropriate to protect human
  health or the environment and there is a substantial likelihood
  that the cleanup or removal will prevent the site from needing to be
  listed under Subchapter F; or
               (2)  a cleanup or removal:
                     (A)  can be completed without extensive
  investigation and planning; and
                     (B)  will achieve a significant cost reduction for
  the site.
         (h)  If the commission collects a fee that is deposited in a
  dedicated fund established for the purpose of cleaning up a
  facility, tank, or site described by this subsection, the
  commission may not use money in the hazardous and solid waste
  remediation fee account [fund] to clean up a:
               (1)  waste tire recycling facility;
               (2)  municipal solid waste facility;
               (3)  petroleum storage tank; or
               (4)  used oil collection and recycling site that
  received used oil after August 31, 1995.
         SECTION 12.010.  Section 361.753(b), Health and Safety Code,
  is amended to conform to Section 38, Chapter 333 (H.B. 3231), Acts
  of the 75th Legislature, Regular Session, 1997, to read as follows:
         (b)  The commission may charge an application fee in an
  amount not to exceed the cost of reviewing the application. The
  commission shall deposit a fee collected under this subsection to
  the credit of the hazardous and solid waste remediation fee account
  [fund].
         SECTION 12.011.  Section 366.016, Health and Safety Code, is
  amended to correct a reference to read as follows:
         Sec. 366.016.  EMERGENCY ORDERS. The commission or
  authorized agent may issue an emergency order concerning an on-site
  sewage disposal system under Section 5.513 [5.517], Water Code.
         SECTION 12.012.  Section 386.109, Health and Safety Code, as
  amended by Chapters 262 (S.B. 12) and 1165 (H.B. 160), Acts of the
  80th Legislature, Regular Session, 2007, is reenacted to read as
  follows:
         Sec. 386.109.  ELIGIBLE INFRASTRUCTURE PROJECTS. (a)  The
  commission may consider for funding under Section 386.108:
               (1)  the purchase and installation at a site of
  equipment that is designed primarily to dispense qualifying fuel,
  other than standard gasoline or diesel, or the purchase of on-site
  mobile fueling equipment;
               (2)  infrastructure projects, including auxiliary
  power units, designed to dispense electricity to:
                     (A)  motor vehicles;
                     (B)  on-road and non-road diesels; and
                     (C)  marine vessels;
               (3)  a project that involves a technology that allows a
  vehicle to replace with electric power, while the vehicle is
  parked, the power normally supplied by the vehicle's internal
  combustion engine; and
               (4)  a project to reduce air pollution and engine
  idling by relieving congestion through rail relocation or
  improvement at a rail intersection that is located in a
  nonattainment or near nonattainment area.
         (b)  The commission may provide funding to other state
  agencies to implement projects under Subsection (a)(3), including
  funding for the lease, purchase, or installation of idle reduction
  technologies and facilities at rest areas and other public
  facilities on major highway transportation routes located in areas
  eligible for funding or for marine vessels operating on water
  routes eligible for funding. Funding under this subsection may
  include reasonable operational costs determined by the commission
  to be needed for the initial start-up and proper operation of the
  idle reduction technologies.  The state agency leasing, owning, or
  operating the idle reduction facility constructed with funds
  provided under this subsection may, but is not required to, charge
  reasonable fees for the provision of idle reduction services
  provided that those fees are used to directly offset the cost of
  providing the services.
         (c)  In evaluating a request for funding of an eligible
  infrastructure project, the commission shall encourage the use of a
  technology that allows a vehicle to replace with electric power,
  while the vehicle is parked, the power normally supplied by the
  vehicle's internal combustion engine at the state's ports and
  border crossings in affected areas.
         SECTION 12.013.  Section 388.003(b-2), Health and Safety
  Code, as added by Chapters 262 (S.B. 12) and 939 (H.B. 3693), Acts
  of the 80th Legislature, Regular Session, 2007, is reenacted to
  read as follows:
         (b-2)  The State Energy Conservation Office by rule shall
  establish a procedure for persons who have an interest in the
  adoption of energy codes under Subsection (b-1) to have an
  opportunity to comment on the codes under consideration. The
  office shall consider persons who have an interest in adoption of
  those codes to include:
               (1)  commercial and residential builders, architects,
  and engineers;
               (2)  municipal, county, and other local government
  authorities; and
               (3)  environmental groups.
         SECTION 12.014.  Section 388.005, Health and Safety Code, as
  amended by Chapters 262 (S.B. 12) and 939 (H.B. 3693), Acts of the
  80th Legislature, Regular Session, 2007, is reenacted and amended
  to read as follows:
         Sec. 388.005.  ENERGY EFFICIENCY PROGRAMS IN INSTITUTIONS OF
  HIGHER EDUCATION[, STATE AGENCIES,] AND CERTAIN GOVERNMENTAL
  ENTITIES. (a)  In this section:
               (1)  "Institution of higher education" includes an
  institution of higher education as defined by Section 61.003,
  Education Code, and a private institution of higher education that
  receives funding from the state.
               (2)  "Political subdivision" means:
                     (A)  an affected county; or
                     (B)  any political subdivision in a nonattainment
  area or in an affected county other than:
                           (i)  a school district; or
                           (ii)  a district as defined by Section
  36.001 or 49.001, Water Code, that had a total annual electricity
  expense of less than $200,000 in the previous fiscal year of the
  district.
               (3)  "State agency" means a department, commission,
  board, office, council, or other agency in the executive branch of
  state government that is created by the constitution or a statute of
  this state and has authority not limited to a geographical portion
  of the state.
         (b)  Each political subdivision, institution of higher
  education, or state agency shall implement all energy efficiency
  measures that meet the standards established for a contract for
  energy conservation measures under Section 302.004(b), Local
  Government Code, in order to reduce electricity consumption by the
  existing facilities of the entity.
         (c)  Each political subdivision, institution of higher
  education, or state agency shall establish a goal to reduce the
  electric consumption by the entity by five percent each state
  fiscal year for six years, beginning September 1, 2007.
         (d)  A political subdivision, institution of higher
  education, or state agency that does not attain the goals under
  Subsection (c) must include in the report required by Subsection
  (e) justification that the entity has already implemented all
  available measures. An entity that submits a report under this
  subsection indicating it has already implemented all available
  measures is exempt from the annual reporting requirement of
  Subsection (e) if a subsequent report would indicate no change in
  status. An entity may be required to provide notice that it is
  exempt to the State Energy Conservation Office.
         (e)  A political subdivision, institution of higher
  education, or state agency annually shall report to the State
  Energy Conservation Office, on forms provided by that office,
  regarding the entity's efforts and progress under this
  section.  The State Energy Conservation Office shall provide
  assistance and information to the entity to help the entity meet the
  goals set under this section.
         (f)  This section does not apply to a state agency or an
  institution of higher education that the State Energy Conservation
  Office determines that, before September 1, 2007, adopted a plan
  for conserving energy under which the agency or institution
  established a percentage goal for reducing the consumption of
  electricity. The exemption provided by this section applies only
  while the agency or institution has an energy conservation plan in
  effect and only if the agency or institution submits reports on the
  conservation plan each calendar quarter to the governor, the
  Legislative Budget Board, and the State Energy Conservation Office.
         SECTION 12.015.  Sections 401.301(c) and (d), Health and
  Safety Code, as amended by Chapters 1061 (H.B. 2285) and 1332 (S.B.
  1604), Acts of the 80th Legislature, Regular Session, 2007, are
  reenacted to read as follows:
         (c)  The commission and department may collect a fee, in
  addition to the license and registration fee, of not less than 20
  percent of the amount of the license and registration fee nor more
  than $10,000 from each licensee or registrant who fails to pay the
  fees authorized by this section.
         (d)  The commission and department may require that each
  person who holds a specific license issued by the agency pay to the
  agency an additional five percent of the appropriate fee set under
  Subsection (b). Fees collected under this subsection shall be
  deposited to the credit of the perpetual care account. The fees are
  not refundable.
         SECTION 12.016.  Section 401.301(f), Health and Safety Code,
  as added by Chapter 1332 (S.B. 1604), Acts of the 80th Legislature,
  Regular Session, 2007, is relettered as Section 401.301(g), Health
  and Safety Code.
         SECTION 12.017.  Section 427.001, Health and Safety Code, is
  amended to add a heading and to update state agency names and
  authority to read as follows:
         Sec. 427.001.  DEFINITIONS. In this chapter:
               (1)  ["Board" means the Texas Board of Health.
               [(2)]  "Commission" means the Texas [Natural Resource
  Conservation] Commission on Environmental Quality.
               (2) [(3)]  "Department" means the [Texas] Department
  of State Health Services.
               (3) [(4)]  "Federal superfund site" means a site
  defined by the federal Comprehensive Environmental Response,
  Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601 et
  seq.), as amended.
               (4) [(5)]  "Immediately surrounding area" means an
  area determined by the commission to have been significantly
  exposed to one or more pollutants from the identified site.
               (5) [(6)]  "Institute" means the Texas Environmental
  Health Institute.
         SECTION 12.018.  Section 427.004, Health and Safety Code, is
  amended to update state agency names and authority to read as
  follows:
         Sec. 427.004.  PROGRAMS. The commission and the department
  may establish at the institute any programs necessary to carry out
  the institute's established purposes under this chapter. The
  commission and the executive commissioner of the Health and Human
  Services Commission [board] may contract with public or private
  entities to carry out the institute's purposes.
         SECTION 12.019.  Section 614.0032(a), Health and Safety
  Code, as amended by Section 44, Chapter 1308 (S.B. 909), Acts of the
  80th Legislature, Regular Session, 2007, and by Section 2, Chapter
  617 (H.B. 431), Acts of the 80th Legislature, Regular Session,
  2007, is reenacted to read as follows:
         (a)  The office shall:
               (1)  perform duties imposed on the office by Section
  508.146, Government Code; and
               (2)  periodically identify state jail felony
  defendants suitable for release under Section 15(i), Article 42.12,
  Code of Criminal Procedure, and perform other duties imposed on the
  office by that section.
  ARTICLE 13. CHANGES RELATING TO HUMAN RESOURCES CODE
         SECTION 13.001.  Chapter 52, Human Resources Code, is
  redesignated as Chapter 52 of Subtitle E, Title 2, Human Resources
  Code, as added by Chapter 867 (H.B. 1334), Acts of the 67th
  Legislature, Regular Session, 1981, and is amended to add a heading
  to read as follows:
  CHAPTER 52. INFORMATION RELATING TO SCHOOL AGE PREGNANCY
         SECTION 13.002.  Subtitle E, Title 2, Human Resources Code,
  as added by Chapter 776 (S.B. 623), Acts of the 67th Legislature,
  Regular Session, 1981, is repealed to conform to Section 6(b)(4),
  Chapter 388 (H.B. 3155), Acts of the 76th Legislature, Regular
  Session, 1999.
         SECTION 13.003.  Section 63.001, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.001.  DEFINITIONS. In this chapter:
               (1)  "Juvenile" means a person from the age of 10 to 18
  years who has been found to have engaged in delinquent conduct by a
  court of competent jurisdiction.
               (2)  "Facility" means a residential facility for the
  placement of juveniles for periods up to one year in length.
         SECTION 13.004.  Section 63.002, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.002.  AUTHORITY TO OPERATE FACILITY. A county or a
  combination of counties may, and they are hereby authorized to,
  elect to own, establish, operate, and staff a long-term residential
  facility for the detention of juvenile offenders.
         SECTION 13.005.  Section 63.003, Human Resources Code, is
  amended to correct a reference and is further amended to add a
  heading to read as follows:
         Sec. 63.003.  GOVERNMENTAL NATURE OF FACILITY. The facility
  is an agency of the state, a governmental unit, and a unit of local
  government as defined and specified by Chapters 101 and 102, Civil
  Practice and Remedies Code, and a local government as defined by
  Section 791.003, Government Code [Section 3, The Interlocal
  Cooperation Act (Article 4413(32c), Vernon's Texas Civil
  Statutes)].
         SECTION 13.006.  Section 63.004, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.004.  BOARD OF TRUSTEES: SINGLE COUNTY FACILITY.
  The facility shall be governed by a board of trustees. The board of
  trustees for a facility created by a single county may be the
  commissioners court of the forming county, or the commissioners
  court may appoint from the qualified voters of the region to be
  served a board of trustees consisting of no less than five nor more
  than nine persons. If the board of trustees is appointed from the
  qualified voters of the region to be served, the terms of the
  members thereof shall be staggered by appointing not less than
  one-third nor more than one-half of the members for one year, or
  until their successors are appointed, and by appointing the
  remaining members for two years, or until their successors are
  appointed. Thereafter, all appointments shall be made for a
  two-year period, or until their successors are appointed.
  Appointments made to fill unexpired terms shall be for the period of
  the unexpired term, or until a successor is appointed.
         SECTION 13.007.  Section 63.005, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.005.  BOARD OF TRUSTEES: COMBINATION OF COUNTIES
  FACILITY. A facility created by a combination of counties shall be
  governed by a board of trustees. Such board of trustees shall
  consist of not less than five nor more than nine members selected
  from the commissioners court of such counties, or such
  commissioners court may jointly appoint a board of trustees from
  among the qualified voters of the region to be served in the manner
  described above.
         SECTION 13.008.  Section 63.006, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.006.  BOARD MEETINGS. The board of trustees shall
  make rules to govern the holding of regular and special meetings.
  All meetings of the board of trustees shall be open to the public to
  the extent required by and in accordance with the general law of
  this state requiring meetings of governmental bodies to be open to
  the public. Should the board of trustees discuss any juvenile
  either in residence in the facility, being transferred to the
  facility, or who has formerly been a resident of the facility, such
  discussion shall be conducted in closed session, and such
  discussion, or any record thereof, shall not be open to the public.
         SECTION 13.009.  Section 63.007, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.007.  QUORUM. A majority of the membership of the
  board of trustees shall constitute a quorum for the transaction of
  business.
         SECTION 13.010.  Section 63.008, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.008.  FACILITY ADMINISTRATION. The board of
  trustees is responsible for the administration of the facility.
         SECTION 13.011.  Section 63.009, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.009.  BOARD POLICIES. The board of trustees shall
  develop policies consistent with the rules, regulations, and
  standards of the Texas Juvenile Probation Commission.
         SECTION 13.012.  Section 63.010, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.010.  STANDARDIZED PERSONNEL QUALIFICATIONS. The
  board of trustees shall standardize qualifications for personnel
  positions in the community center consistent with those established
  by the Texas Juvenile Probation Commission.
         SECTION 13.013.  Section 63.011, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.011.  ADVISORY COMMITTEES. The board of trustees
  may appoint advisory committees to advise the board on matters
  relating to the administration of the facility. No such committee
  shall consist of less than five members, and the appointment of such
  committees shall not relieve the board of trustees of final
  responsibility and accountability as provided in this chapter.
         SECTION 13.014.  Section 63.012, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.012.  FACILITY EXECUTIVE DIRECTOR: APPOINTMENT.
  The board of trustees shall appoint an executive director for the
  facility.
         SECTION 13.015.  Section 63.013, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.013.  FACILITY EXECUTIVE DIRECTOR: DELEGATED
  POWERS. The executive director shall have the powers delegated by
  and be subject to the policy direction of the board of trustees.
         SECTION 13.016.  Section 63.014, Human Resources Code, is
  amended by amending the heading to read as follows:
         Sec. 63.014.  FACILITY PERSONNEL. The board of trustees or
  the director may employ and train personnel for the administration
  of the various programs and services of the facility. The employee
  shall be provided the appropriate rights, privileges, and benefits
  available to the employees of the governing bodies that establish
  the facility. The board of trustees is authorized to provide
  workers' compensation benefits in the manner provided by Chapter
  504, Labor Code.
         SECTION 13.017.  Section 63.015, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.015.  COUNTY CONTRIBUTIONS. Each county
  participating in the creation of the facility may contribute lands,
  buildings, personnel, and funds for the administration of the
  various programs and services of the facility.
         SECTION 13.018.  Section 63.016, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.016.  GIFTS, GRANTS, AND DONATIONS. The board of
  trustees of the facility may accept gifts, grants, and donations of
  money, personal property, and real property for use in the
  administration of its programs and services.
         SECTION 13.019.  Section 63.017, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.017.  SINGLE COUNTY FACILITY: ACQUISITION OF REAL
  PROPERTY; RULES FOR ADMISSION; RATES CHARGED. (a)  In the instance
  of a facility formed by a single county, the commissioners court of
  the creating county may acquire, through gift, purchase,
  condemnation, or any other method, real property for the purpose of
  locating a facility on such property. Such property may be acquired
  outside of the boundaries of the creating county if, in the opinion
  of the commissioners court of the forming county, there will exist a
  demand for the services to be provided by the facility in the county
  in which the facility is to be located in addition to any need which
  may already exist within the boundaries of the creating county.
         (b)  The board of trustees for a facility created by a single
  county shall establish rules and regulations for the admission of
  juveniles into the facility from other than the forming county.
  Such rules may allow that the forming county shall have priority in
  the placement of its juveniles into the facility. The board may
  establish a rate of charges to be paid by the county of origin of the
  juvenile being placed into the facility, and such rates may be
  reduced for those juveniles being admitted from the county which
  created the facility.
         SECTION 13.020.  Section 63.018, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.018.  COMBINATION OF COUNTIES FACILITY: ACQUISITION
  OF REAL PROPERTY; RULES FOR ADMISSION; RATES CHARGED. (a)  In the
  instance of a facility being created by two or more counties, the
  commissioners courts of the forming counties may acquire, by gift,
  purchase, condemnation, or other means, real property for the
  purpose of locating the facility on such property. The method of
  acquisition and the amount of cost sharing between those counties
  shall be negotiated among the forming counties and reduced to
  contract. Such property to be acquired shall be situated within the
  boundaries of any one of the creating counties.
         (b)  The board of trustees for a facility created by an
  organizational component of two or more counties shall establish
  rules and regulations for the admission of juveniles who are
  residents of other than the creating counties. The board may
  establish a rate of charges to be paid by the county of origin of the
  juvenile being placed into the facility, and those rates may be
  reduced for juveniles being admitted from a county that was part of
  the organizational component that created the facility.
         SECTION 13.021.  Section 63.019, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.019.  RULES REGULATING ADMINISTRATION OF SERVICES.
  The board of trustees may make rules consistent with those
  promulgated by the Texas Juvenile Probation Commission and the
  policies, principles, and standards provided in this Act to
  regulate the administration of services by the facility to the
  juveniles placed into the facility.
         SECTION 13.022.  Section 63.020, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.020.  MINIMUM SERVICES TO BE PROVIDED. The board of
  trustees will provide at least the following services to a juvenile
  who is placed into the facility:
               (1)  Education. Upon admission into the facility, the
  juvenile will be tested to determine his educational level, and a
  program of instruction consistent with the juvenile's educational
  level shall be developed to educate the juvenile. Education shall
  be given to each juvenile admitted in the facility consistent with
  the standards set forth by the Texas Juvenile Probation Commission.
               (2)  Counseling. Upon admission into the facility, the
  juvenile shall be examined by a trained psychologist or
  psychiatrist to determine if the juvenile would benefit from a
  program of counseling. At the completion of such examination, the
  findings of the psychologist or psychiatrist shall be forwarded to
  the director in the form of a recommendation that counseling be
  given to the juvenile, along with a program of counseling to be
  adhered to by the staff of the facility.
         SECTION 13.023.  Section 63.021, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.021.  LIST OF SERVICES. The board of trustees of the
  facility shall devise a list of services that it will offer to each
  juvenile who is placed into the facility for the use by the court in
  making its determination as to whether the juvenile would benefit
  by admission into the facility.
         SECTION 13.024.  Section 63.022, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.022.  FACILITY RESEARCH AND RECRUITMENT AND TRAINING
  OF PERSONNEL; CONTRACTS AUTHORIZED. The facility may engage in
  research and in recruitment and training of personnel in support of
  its programs and services and may make contracts for those
  purposes.
         SECTION 13.025.  Section 63.023, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.023.  FEES FOR SERVICES. The board of trustees for
  the facility may charge reasonable fees to cover costs for services
  provided, except where prohibited by other service contracts or by
  law.
         SECTION 13.026.  Section 63.024, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.024.  PAYMENT OF FEES BY COUNTY. In collecting fees
  for the treatment rendered juveniles, the director will bill
  directly that county in which the juvenile resided prior to his
  admission to the facility. The county that receives such a bill
  from the director must pay that bill within 45 days of its receipt.
         SECTION 13.027.  Section 63.025, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.025.  ADMISSION OF AND PAYMENT FOR SERVICES PROVIDED
  TO JUVENILES RESIDING IN ANOTHER COUNTY. The board of trustees may
  provide that juveniles who reside outside the boundaries of a
  county that participated in the formation of the facility may be
  admitted to the facility. However, the charges to the county of
  residence of the juvenile may be billed at a rate higher than that
  charged to a county that participated in the formation of the
  facility.
         SECTION 13.028.  Section 63.026, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.026.  COURT-ORDERED ADMISSION. A juvenile may be
  admitted upon the order of a court of competent jurisdiction that
  finds that the juvenile has engaged in delinquent conduct and is in
  need of supervision or is experiencing a dysfunctional home
  environment and will benefit from placement in the facility.
         SECTION 13.029.  Section 63.027, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.027.  LIMITATION ON PERIOD FOR JUVENILE'S RESIDENCE.
  The court will include in its order the length of time that the
  juvenile will reside in the facility, which will not exceed a period
  of one year. At the conclusion of the one-year period, the court
  will make a determination as to whether the juvenile will benefit
  from further residence within the facility. The court may then
  order the juvenile to be placed into the facility for additional
  time not to exceed one year.
         SECTION 13.030.  Section 63.028, Human Resources Code, is
  amended to add a heading to read as follows:
         Sec. 63.028.  MODIFICATION OF COURT ORDER. The court may
  modify any order by which a juvenile is placed in the facility upon
  recommendation of the director of the facility.
         SECTION 13.031.  Section 152.1611(a), Human Resources Code,
  as amended by Chapters 583 (S.B. 1796) and 956 (H.B. 4040), Acts of
  the 80th Legislature, Regular Session, 2007, is reenacted to read
  as follows:
         (a)  The McLennan County Juvenile Board is composed of the
  county judge, the county court at law judges, and the district
  judges in McLennan County.
  ARTICLE 14. CHANGES RELATING TO INSURANCE CODE
         SECTION 14.001.  (a)  Section 228.001, Insurance Code, is
  amended to conform to the amendment of Article 4.51, Insurance
  Code, by Section 1, Chapter 303 (H.B. 1741), Acts of the 80th
  Legislature, Regular Session, 2007, by adding Subdivisions (5-a),
  (7-a), and (7-b) to read as follows:
               (5-a)  "Low-income community" has the meaning assigned
  by Section 45D(e), Internal Revenue Code of 1986.
               (7-a)  "Program One" means the program for allocation
  and investment of certified capital under this chapter before
  January 1, 2007.
               (7-b)  "Program Two" means the program for allocation
  and investment of certified capital under this chapter on or after
  January 1, 2007.
         (b)  Section 1, Chapter 303 (H.B. 1741), Acts of the 80th
  Legislature, Regular Session, 2007, which amended former Article
  4.51, Insurance Code, by adding Subdivisions (16), (17), and (18),
  is repealed.
         SECTION 14.002.  (a)  Section 228.153(b), Insurance Code,
  is amended to conform to the amendment of Article 4.56(b),
  Insurance Code, by Section 3, Chapter 303 (H.B. 1741), Acts of the
  80th Legislature, Regular Session, 2007, to read as follows:
         (b)  A certified capital company must place at least 30
  percent of the amount of qualified investments required by Sections
  228.151(a) and (b) in a strategic investment or low-income
  community business.
         (b)  Section 3, Chapter 303 (H.B. 1741), Acts of the 80th
  Legislature, Regular Session, 2007, which amended former Article
  4.56(b), Insurance Code, is repealed.
         SECTION 14.003.  (a)  Section 228.203, Insurance Code, is
  amended to conform to the amendment of Article 4.57, Insurance
  Code, by Section 4, Chapter 303 (H.B. 1741), Acts of the 80th
  Legislature, Regular Session, 2007, to read as follows:
         Sec. 228.203.  EVALUATION OF BUSINESS BY COMPTROLLER.
  (a)  A certified capital company may, before making an investment
  in a business, request a written opinion from the comptroller as to
  whether the business in which the company proposes to invest is a
  qualified business, an early stage business, or a strategic
  investment or low-income community business.
         (b)  Not later than the 15th business day after the date of
  the receipt of a request under Subsection (a), the comptroller
  shall:
               (1)  determine whether the business meets the
  definition of a qualified business, an early stage business, or a
  strategic investment or low-income community business, as
  applicable, and notify the certified capital company of the
  determination and provide an explanation of the determination; or
               (2)  notify the company that an additional 15 days will
  be needed to review the request and make the determination.
         (c)  If the comptroller fails to notify the certified capital
  company with respect to the proposed investment within the period
  specified by Subsection (b), the business in which the company
  proposes to invest is considered to be a qualified business, an
  early stage business, or a strategic investment or low-income
  community business, as appropriate.
         (b)  Section 4, Chapter 303 (H.B. 1741), Acts of the 80th
  Legislature, Regular Session, 2007, which amended former Article
  4.57, Insurance Code, is repealed.
         SECTION 14.004.  (a)  Section 228.251, Insurance Code, is
  amended to conform to the amendment of Article 4.65, Insurance
  Code, by Section 5, Chapter 303 (H.B. 1741), Acts of the 80th
  Legislature, Regular Session, 2007, by amending Subsection (b) and
  adding Subsection (c) to read as follows:
         (b)  With respect to credits earned as a result of
  investments made under Program One, beginning [Beginning] with the
  tax report due March 1, 2009, for the 2008 tax year, a certified
  investor may take up to 25 percent of the vested premium tax credit
  in any taxable year of the certified investor. The credit may not
  be applied to estimated payments due in 2008.
         (c)  With respect to credits earned as a result of
  investments made under Program Two, beginning with the tax report
  due March 1, 2013, for the 2012 tax year, a certified investor may
  take up to 25 percent of the vested premium tax credit in any
  taxable year of the certified investor. The credit may not be
  applied to estimated payments due in 2012.
         (b)  Section 5, Chapter 303 (H.B. 1741), Acts of the 80th
  Legislature, Regular Session, 2007, which amended former Article
  4.65, Insurance Code, by amending Subsection (a) and adding
  Subsections (a-1) and (a-2), is repealed.
         SECTION 14.005.  (a)  Section 228.253(b), Insurance Code,
  is amended to conform to the amendment of Article 4.66(a),
  Insurance Code, by Section 6, Chapter 303 (H.B. 1741), Acts of the
  80th Legislature, Regular Session, 2007, to read as follows:
         (b)  The certified capital company must have filed the claim
  with the comptroller on the date on which the comptroller accepted
  premium tax credit allocation claims on behalf of certified
  investors with respect to Program One or Program Two, as
  applicable, under the comptroller's rules.
         (b)  Section 6, Chapter 303 (H.B. 1741), Acts of the 80th
  Legislature, Regular Session, 2007, which amended former Article
  4.66(a), Insurance Code, is repealed.
         SECTION 14.006.  (a)  Section 228.254, Insurance Code, is
  amended to conform to the amendment of Article 4.67, Insurance
  Code, by Section 7, Chapter 303 (H.B. 1741), Acts of the 80th
  Legislature, Regular Session, 2007, to read as follows:
         Sec. 228.254.  TOTAL LIMIT ON PREMIUM TAX CREDITS. (a)  The
  total amount of certified capital for which premium tax credits may
  be allowed under this chapter for all years in which premium tax
  credits are allowed is:
               (1)  $200 million for Program One; and
               (2)  $200 million for Program Two.
         (b)  The total amount of certified capital for which premium
  tax credits may be allowed for all certified investors under this
  chapter may not exceed the amount that would entitle all certified
  investors in certified capital companies to take total credits of
  $50 million in a year with respect to Program One and $50 million in
  a year with respect to Program Two.
         (c)  A certified capital company and the company's
  affiliates may not file premium tax credit allocation claims with
  respect to Program One or Program Two, as applicable, in excess of
  the maximum amount of certified capital for which premium tax
  credits may be allowed for that program as provided by this section.
         (b)  Section 7, Chapter 303 (H.B. 1741), Acts of the 80th
  Legislature, Regular Session, 2007, which amended former Article
  4.67, Insurance Code, is repealed.
         SECTION 14.007.  (a)  Section 228.255, Insurance Code, is
  amended to conform to the amendment of Article 4.68, Insurance
  Code, by Section 8, Chapter 303 (H.B. 1741), Acts of the 80th
  Legislature, Regular Session, 2007, to read as follows:
         Sec. 228.255.  ALLOCATION OF PREMIUM TAX CREDIT. (a)  If
  the total premium tax credits claimed by all certified investors
  with respect to Program One or Program Two, as applicable, exceeds
  the total limits on premium tax credits established for that
  program by Section 228.254(a), the comptroller shall allocate the
  total amount of premium tax credits allowed under this chapter to
  certified investors in certified capital companies on a pro rata
  basis in accordance with this section.
         (b)  The pro rata allocation for each certified investor
  shall be the product of:
               (1)  a fraction, the numerator of which is the amount of
  the premium tax credit allocation claim filed on behalf of the
  investor with respect to Program One or Program Two, as applicable,
  and the denominator of which is the total amount of all premium tax
  credit allocation claims filed on behalf of all certified investors
  with respect to that program; and
               (2)  the total amount of certified capital for which
  premium tax credits may be allowed with respect to that program
  under this chapter.
         (c)  The maximum amount of certified capital for which
  premium tax credit allocation may be allowed on behalf of a single
  certified investor and the investor's affiliates with respect to
  Program One or Program Two, as applicable, whether by one or more
  certified capital companies, may not exceed the greater of:
               (1)  $10 million; or
               (2)  15 percent of the maximum aggregate amount
  available with respect to that program under Section 228.254(a).
         (b)  Section 8, Chapter 303 (H.B. 1741), Acts of the 80th
  Legislature, Regular Session, 2007, which amended former Articles
  4.68(a), (b), (c), and (e), Insurance Code, is repealed.
         SECTION 14.008.  Section 2, Chapter 303 (H.B. 1741), Acts of
  the 80th Legislature, Regular Session, 2007, which amended former
  Article 4.52, Insurance Code, is repealed as a temporary executed
  provision.
         SECTION 14.009.  Section 252.003, Insurance Code, as amended
  by Chapters 730 (H.B. 2636) and 932 (H.B. 3315), Acts of the 80th
  Legislature, Regular Session, 2007, is reenacted to read as
  follows:
         Sec. 252.003.  PREMIUMS SUBJECT TO TAXATION. An insurer
  shall pay maintenance taxes under this chapter on the correctly
  reported gross premiums from writing insurance in this state
  against loss or damage by:
               (1)  bombardment;
               (2)  civil war or commotion;
               (3)  cyclone;
               (4)  earthquake;
               (5)  excess or deficiency of moisture;
               (6)  explosion as defined by Section 2002.006(b);
               (7)  fire;
               (8)  flood;
               (9)  frost and freeze;
               (10)  hail, including loss by hail on farm crops;
               (11)  insurrection;
               (12)  invasion;
               (13)  lightning;
               (14)  military or usurped power;
               (15)  an order of a civil authority made to prevent the
  spread of a conflagration, epidemic, or catastrophe;
               (16)  rain;
               (17)  riot;
               (18)  the rising of the waters of the ocean or its
  tributaries;
               (19)  smoke or smudge;
               (20)  strike or lockout;
               (21)  tornado;
               (22)  vandalism or malicious mischief;
               (23)  volcanic eruption;
               (24)  water or other fluid or substance resulting from
  the breakage or leakage of sprinklers, pumps, or other apparatus
  erected for extinguishing fires, water pipes, or other conduits or
  containers;
               (25)  weather or climatic conditions;
               (26)  windstorm;
               (27)  an event covered under a home warranty insurance
  policy; or
               (28)  an event covered under an inland marine insurance
  policy.
         SECTION 14.010.  Section 551.004, Insurance Code, as added
  by Section 11.018(c), Chapter 728 (H.B. 2018), Acts of the 79th
  Legislature, Regular Session, 2005, is repealed as substantively
  duplicative of Section 551.005, Insurance Code.
         SECTION 14.011.  Section 885.351, Insurance Code, as amended
  by Chapters 548 (S.B. 1263) and 730 (H.B. 2636), Acts of the 80th
  Legislature, Regular Session, 2007, is reenacted to read as
  follows:
         Sec. 885.351.  AGENTS. (a)  A fraternal benefit society may
  appoint an agent licensed by the department under Subchapter B,
  Chapter 4054, to sell benefits listed under Section 885.301(a) to
  society members.
         (b)  Except as provided by Section 885.352, a person may not
  solicit or procure benefit contracts for a fraternal benefit
  society unless the person is licensed as a general life, accident,
  and health agent or a life agent under Subchapter B, Chapter 4054.
         (c)  The licensing and regulation of agents for fraternal
  benefit societies is subject to Title 13 and other laws regulating
  those agents.
         SECTION 14.012.  Section 981.203(a), Insurance Code, as
  amended by Section 2.09, Chapter 548 (S.B. 1263), Acts of the 80th
  Legislature, Regular Session, 2007, and Section 2E.132, Chapter 730
  (H.B. 2636), Acts of the 80th Legislature, Regular Session, 2007,
  is reenacted to read as follows:
         (a)  The department may issue a surplus lines license to an
  applicant who the department determines complies with Subsection
  (b) and is:
               (1)  an individual who:
                     (A)  has passed an examination under Chapter 4002
  and department rules; and
                     (B)  holds a current license as:
                           (i)  a general property and casualty agent
  authorized under Subchapter B, Chapter 4051; or
                           (ii)  a managing general agent; or
               (2)  a corporation, limited liability company, or
  partnership that:
                     (A)  has at least one officer or director or at
  least one active partner who has passed the required surplus lines
  license examination;
                     (B)  holds a current license as:
                           (i)  a general property and casualty agent
  authorized under Subchapter B, Chapter 4051; or
                           (ii)  a managing general agent; and
                     (C)  conducts insurance activities under this
  chapter only through an individual licensed under this section.
         SECTION 14.013.  Section 1506.152(e), Insurance Code, is
  amended to correct a reference to read as follows:
         (e)  Notwithstanding Sections 1506.153(a)(1)-(6)
  [1506.153(1)-(6)], an individual who is certified as eligible for
  trade adjustment assistance or for pension benefit guaranty
  corporation assistance, as provided by the Trade Adjustment
  Assistance Reform Act of 2002 (Pub. L. No. 107-210), and who has at
  least three months of prior health benefit plan coverage, as
  described by Section 1506.155(d), is not required to exhaust any
  benefits from the continuation of coverage under Title X,
  Consolidated Omnibus Budget Reconciliation Act of 1985 (29 U.S.C.
  Section 1161 et seq.), as amended (COBRA), or state continuation
  benefits to be eligible for coverage from the pool.
         SECTION 14.014.  Section 1506.153, Insurance Code, as
  amended by Chapters 808 (S.B. 1254), 881 (H.B. 1977), and 1070 (H.B.
  2548), Acts of the 80th Legislature, Regular Session, 2007, is
  reenacted and amended to read as follows:
         Sec. 1506.153.  INELIGIBILITY FOR COVERAGE.
  (a)  Notwithstanding Section 1506.152 [Section 1506.152(a)-(c)],
  an individual is not eligible for coverage from the pool if:
               (1)  on the date pool coverage is to take effect, the
  individual has health benefit plan coverage from a health benefit
  plan issuer or health benefit arrangement in effect, except as
  provided by Section 1506.152(a)(3)(E);
               (2)  at the time the individual applies to the pool,
  except as provided in Subsection (b), the individual is eligible
  for other health care benefits, including an offer of benefits from
  the continuation of coverage under Title X, Consolidated Omnibus
  Budget Reconciliation Act of 1985 (29 U.S.C. Section 1161 et seq.),
  as amended (COBRA), other than:
                     (A)  coverage, including COBRA or other
  continuation coverage or conversion coverage, maintained for any
  preexisting condition waiting period under a pool policy or during
  any preexisting condition waiting period or other waiting period of
  the other coverage;
                     (B)  employer group coverage conditioned by a
  limitation of the kind described by Section 1506.152(a)(3)(A) or
  (C); or
                     (C)  individual coverage conditioned by a
  limitation described by Section 1506.152(a)(3)(C) or (D);
               (3)  within 12 months before the date the individual
  applies to the pool, the individual terminated coverage in the
  pool, unless the individual:
                     (A)  demonstrates a good faith reason for the
  termination; or
                     (B)  is a federally defined eligible individual;
               (4)  the individual is confined in a county jail or
  imprisoned in a state or federal prison;
               (5)  any of the individual's premiums are paid for or
  reimbursed under a government-sponsored program or by a government
  agency or health care provider;
               (6)  the individual's prior coverage with the pool was
  terminated:
                     (A)  during the 12-month period preceding the date
  of application for nonpayment of premiums; or
                     (B)  for fraud; or
               (7)  the individual is eligible for health benefit plan
  coverage provided in connection with a policy, plan, or program
  paid for or sponsored by an employer, even though the employer
  coverage is declined. This subdivision does not apply to an
  individual who is a part-time employee eligible to participate in
  an employer plan that provides health benefit coverage:
                     (A)  that is more limited or restricted than
  coverage with the pool; and
                     (B)  for which there is no employer contribution
  to the premium, either directly or indirectly.
         (b)  An individual eligible for benefits from the
  continuation of coverage under Title X, Consolidated Omnibus Budget
  Reconciliation Act of 1985 (29 U.S.C. Section 1161 et seq.), as
  amended (COBRA), who did not elect continuation of coverage during
  the election period, or whose elected continuation of coverage
  lapsed or was cancelled without reinstatement, is eligible for pool
  coverage. Eligibility under this subsection is subject to a
  180-day exclusion of coverage under Section 1506.155(a-1).
         SECTION 14.015.  Section 1506.159(a), Insurance Code, is
  amended to correct a reference to read as follows:
         (a)  A health benefit plan issuer, agent, third-party
  administrator, or other person authorized or licensed under this
  code may not arrange or assist in, or attempt to arrange or assist
  in, the application for coverage from or placement in the pool of an
  individual who is not eligible under Section 1506.153(a)(7)
  [1506.153(7)] for coverage from the pool for the purpose of
  separating the person from health benefit plan coverage offered or
  provided in connection with employment that would be available to
  the person as an employee or a dependent of an employee.
         SECTION 14.016.  Subchapter A, Chapter 1550, Insurance Code,
  is repealed to conform to the repeal of Article 21.49-15, Insurance
  Code, by Section 2(1), Chapter 700 (H.B. 2015), Acts of the 80th
  Legislature, Regular Session, 2007.
         SECTION 14.017.  (a)  The heading of Section 1601.308,
  Insurance Code, is amended to more closely reflect the source law
  from which that section was derived to read as follows:
         Sec. 1601.308.  EXPENSES[; PAYMENT BY EMPLOYEES].
         (b)  Section 1601.308(c), Insurance Code, is amended to more
  closely reflect the source law from which that section was derived
  to read as follows:
         (c)  Employees may not be required to [shall] pay [the
  expenses of an advisory committee established under this
  subchapter] from [:
               [(1)]  the amount of employer contributions due the
  employees or from[; or
               [(2)]  the amount of additional contributions due for
  selected coverages under this chapter the expenses of an advisory
  committee established under this subchapter.
         SECTION 14.018.  (a)  Section 6002.002, Insurance Code, is
  amended to conform to the amendment of Section 2(8), and the
  addition of Section 2(17), Article 5.43-2, Insurance Code, by
  Section 1, Chapter 1051 (H.B. 2118), Acts of the 80th Legislature,
  Regular Session, 2007, by amending Subdivision (9) and adding
  Subdivision (12-a) to read as follows:
               (9)  "Monitoring" means the receipt of fire alarm and
  supervisory signals [and the retransmission] or communication of
  those signals to a fire service communications center in this state
  or serving property in this state.
               (12-a)  "Residential fire alarm technician" means a
  licensed individual who is designated by a registered firm to
  install, service, inspect, and certify residential single-family
  or two-family fire alarm or detection systems.
         (b)  Section 6002.003, Insurance Code, is amended to conform
  to the addition of Sections 3(d) and (e), Article 5.43-2, Insurance
  Code, by Section 2, Chapter 1051 (H.B. 2118), Acts of the 80th
  Legislature, Regular Session, 2007, by adding Subsections (f) and
  (g) to read as follows:
         (f)  A political subdivision may not require a registered
  firm, a license holder, or an employee of a registered firm to
  maintain a business location or residency within that political
  subdivision to engage in a business or perform any activity
  authorized under this chapter.
         (g)  A municipality or county may by ordinance require a
  registered firm to make a telephone call to a monitored property
  before the firm notifies the municipality or county of an alarm
  signal received by the firm from a fire detection device.
         (c)  Section 6002.004(b), Insurance Code, is amended to
  conform to the amendment of Section 7(b), Article 5.43-2, Insurance
  Code, by Section 8, Chapter 1051 (H.B. 2118), Acts of the 80th
  Legislature, Regular Session, 2007, to read as follows:
         (b)  Except as provided by Subsection (c), a political
  subdivision may not offer [residential] alarm system sales,
  service, installation, or monitoring unless the political
  subdivision has been providing monitoring services [to residences]
  within the boundaries of the political subdivision as of September
  1, 1999. Any fee charged by the political subdivision under this
  subsection may not exceed the cost of the monitoring.
         (d)  Section 6002.054(a), Insurance Code, is amended to
  conform to the addition of Section 5(c-1), Article 5.43-2,
  Insurance Code, by Section 3, Chapter 1051 (H.B. 2118), Acts of the
  80th Legislature, Regular Session, 2007, to read as follows:
         (a)  The commissioner shall set the fee for:
               (1)  an initial registration certificate in an amount
  not to exceed $500;
               (2)  the renewal of a registration certificate for each
  year in an amount not to exceed $500;
               (3)  the renewal of a registration certificate for an
  individual or organization engaged in the business of planning,
  certifying, leasing, selling, servicing, installing, monitoring,
  or maintaining exclusively single station devices in an amount not
  to exceed $250 annually;
               (4)  an initial branch office registration certificate
  in an amount not to exceed $150;
               (5)  the renewal of a branch office registration
  certificate for each year in an amount not to exceed $150;
               (6)  an initial or renewal training school approval in
  an amount not to exceed $500 annually;
               (7)  an initial or renewal of a training school
  instructor approval in an amount not to exceed $50 annually;
               (8)  an initial license in an amount not to exceed $120,
  except as provided by Subdivision (10); [and]
               (9)  the renewal of a license for each year in an amount
  not to exceed $100, except as provided by Subdivision (10); and
               (10)  an initial license fee, in an amount not to exceed
  $50, and an annual renewal fee, in an amount not to exceed $50, for a
  residential fire alarm technician license.
         (e)  Section 6002.154, Insurance Code, is amended to conform
  to the addition of Sections 5(c-1) and 7(f), Article 5.43-2,
  Insurance Code, by Sections 3 and 8, Chapter 1051 (H.B. 2118), Acts
  of the 80th Legislature, Regular Session, 2007, by amending
  Subsection (b) and adding Subsection (d-1) to read as follows:
         (b)  A fire alarm technician, residential fire alarm
  technician, residential fire alarm superintendent, or fire alarm
  planning superintendent must hold a license issued by the
  department, conditioned on the successful completion of a written
  license examination.
         (d-1)  A residential fire alarm technician may only provide
  direct on-site supervision to an employee of a registered firm for
  work performed under this chapter in a single-family or two-family
  dwelling.
         (f)  Section 6002.155, Insurance Code, is amended to conform
  to the amendment of Section 3(b), Article 5.43-2, Insurance Code,
  by Section 2, Chapter 1051 (H.B. 2118), Acts of the 80th
  Legislature, Regular Session, 2007, to read as follows:
         Sec. 6002.155.  ACTIVITIES NOT REGULATED BY CHAPTER. The
  licensing provisions of this chapter do not apply to:
               (1)  an individual or organization in the business of
  building construction that installs electrical wiring and devices
  that may include, in part, the installation of a fire alarm or
  detection system if:
                     (A)  the individual or organization is a party to
  a contract that provides that:
                           (i)  the installation will be performed
  under the direct supervision of and certified by a licensed
  employee or agent of a firm registered to install and certify such
  an alarm or detection device; and
                           (ii)  the registered firm assumes full
  responsibility for the installation of the alarm or detection
  device; and
                     (B)  the individual or organization does not plan,
  certify, lease, sell, service, or maintain fire alarms or detection
  devices or systems;
               (2)  an individual or organization that:
                     (A)  owns and installs a fire detection or fire
  alarm device on the individual's or organization's own property; or
                     (B)  if the individual or organization does not
  charge for the device or its installation, installs the device for
  the protection of the individual's or organization's personal
  property located on another's property and does not install the
  device as a normal business practice on the property of another;
               (3)  an individual who holds a license or other
  authority issued by a municipality to practice as an electrician
  and who installs fire or smoke detection and alarm devices only in a
  single family or multifamily residence if:
                     (A)  the devices installed are:
                           (i)  single station detectors; or
                           (ii)  multiple station detectors capable of
  being connected in a manner that actuation of one detector causes
  all integral or separate alarms to operate if the detectors are not
  connected to a control panel or to an outside alarm, do not transmit
  a signal off the premises, and do not use more than 120 volts; and
                     (B)  all installations comply with the adopted
  edition of [Household Fire Warning Equipment,] National Fire
  Protection Association Standard No. 72 [74];
               (4)  an individual or organization that:
                     (A)  sells fire detection or fire alarm devices
  exclusively over-the-counter or by mail order; and
                     (B)  does not plan, certify, install, service, or
  maintain the devices;
               (5)  a law enforcement agency or fire department or a
  law enforcement officer or firefighter acting in an official
  capacity that responds to a fire alarm or detection device;
               (6)  an engineer licensed under Chapter 1001,
  Occupations Code, acting solely in the engineer's professional
  capacity;
               (7)  an individual or organization that provides and
  installs at no charge to the property owners or residents a
  battery-powered smoke detector in a single-family or two-family
  residence if:
                     (A)  the smoke detector bears a label of listing
  or approval by a testing laboratory approved by the department;
                     (B)  the installation complies with the adopted
  edition of National Fire Protection Association Standard No. 72
  [74];
                     (C)  the installers are knowledgeable in fire
  protection and the proper use of smoke detectors; and
                     (D)  the detector is a single station installation
  and not a part of or connected to any other detection device or
  system;
               (8)  an [a regular] employee of a registered firm who is
  under the direct on-site supervision of a license holder;
               (9)  a building owner, the owner's managing agent, or an
  employee of the owner or agent who installs battery-operated single
  station smoke detectors or monitor fire alarm or fire detection
  devices or systems in the owner's building, and in which the
  monitoring:
                     (A)  is performed at the owner's property at no
  charge to the occupants of the building;
                     (B)  complies with applicable standards of the
  National Fire Protection Association as may be adopted by rule
  under this chapter; and
                     (C)  uses equipment approved by a testing
  laboratory approved by the department for fire alarm monitoring;
               (10)  an individual employed by a registered firm that
  sells and installs a smoke or heat detector in a single-family or
  two-family residence if:
                     (A)  the detector bears a label of listing or
  approval by a testing laboratory approved by the department;
                     (B)  the installation complies with the adopted
  edition of National Fire Protection Association Standard No. 72
  [74];
                     (C)  the installers are knowledgeable in fire
  protection and the proper use and placement of detectors; and
                     (D)  the detector is a single station installation
  and not a part of or connected to any other detection device or
  system; or
               (11)  an individual or organization licensed to install
  or service burglar alarms under Chapter 1702, Occupations Code,
  that provides and installs in a single-family or two-family
  residence a combination keypad that includes a panic button to
  initiate a fire alarm signal if the fire alarm signal:
                     (A)  is monitored by a fire alarm firm registered
  under this chapter; and
                     (B)  is not initiated by a fire or smoke detection
  device.
         (g)  Section 6002.154, Insurance Code, is amended to conform
  to the addition of Section 5D(a-2), Article 5.43-2, Insurance Code,
  by Section 5, Chapter 1051 (H.B. 2118), Acts of the 80th
  Legislature, Regular Session, 2007, by adding Subsection (d-2) to
  read as follows:
         (d-2)  An applicant for a residential fire alarm technician
  license must provide with the required license application evidence
  of the applicant's successful completion of the required
  instruction from a training school approved by the state fire
  marshal in accordance with Section 6002.158.
         (h)  Section 6002.158(e), Insurance Code, is amended to
  conform to the amendment of Section 5D(d), Article 5.43-2,
  Insurance Code, by Section 5, Chapter 1051 (H.B. 2118), Acts of the
  80th Legislature, Regular Session, 2007, to read as follows:
         (e)  The curriculum for [a fire alarm technician course or] a
  residential fire alarm technician [superintendent] course must
  consist of at least eight [16] hours of [classroom] instruction on
  installing, servicing, and maintaining single-family and
  two-family residential fire alarm systems as defined by National
  Fire Protection Standard No. 72 [for each license category].
         (i)  Subchapter B, Chapter 6002, Insurance Code, is amended
  to conform to the addition of Section 6A(c), Article 5.43-2,
  Insurance Code, by Section 7, Chapter 1051 (H.B. 2118), Acts of the
  80th Legislature, Regular Session, 2007, by adding Section
  6002.0531 to read as follows:
         Sec. 6002.0531.  RULES REQUIRING FINANCIAL RESPONSIBILITY.
  The commissioner may not adopt a rule to administer this chapter
  that requires a person who holds a license under this chapter to
  obtain additional certification that imposes a financial
  responsibility on the license holder.
         (j)  Subchapter B, Chapter 6002, Insurance Code, is amended
  to conform to the addition of Section 5G, Article 5.43-2, Insurance
  Code, by Section 6, Chapter 1051 (H.B. 2118), Acts of the 80th
  Legislature, Regular Session, 2007, by adding Section 6002.056 to
  read as follows:
         Sec. 6002.056.  DEPARTMENT RECORDS. Records maintained by
  the department under this chapter on the home address, home
  telephone number, driver's license number, or social security
  number of an applicant or a license or registration holder are
  confidential and are not subject to mandatory disclosure under
  Chapter 552, Government Code.
         (k)  Section 6002.252, Insurance Code, is amended to conform
  to the amendment of Section 9(d), Article 5.43-2, Insurance Code,
  by Section 9, Chapter 1051 (H.B. 2118), Acts of the 80th
  Legislature, Regular Session, 2007, to read as follows:
         Sec. 6002.252.  REQUIRED PURCHASE AND INSTALLATION
  INFORMATION. A fire detection or fire alarm device may not be sold
  or installed in this state unless the device is accompanied by
  printed information that:
               (1)  is supplied to the owner by the supplier or
  installing contractor; and
               (2)  concerns:
                     (A)  instructions describing the installation,
  operation, testing, and proper maintenance of the device;
                     (B)  information to aid in establishing an
  emergency evacuation plan for the protected premises; [and]
                     (C)  the telephone number and location, including
  notification procedures, of the nearest fire department; and
                     (D)  information that will aid in reducing the
  number of false alarms.
         (l)  Section 6002.253, Insurance Code, is amended to conform
  to the amendment of Section 9(e), Article 5.43-2, Insurance Code,
  by Section 9, Chapter 1051 (H.B. 2118), Acts of the 80th
  Legislature, Regular Session, 2007, to read as follows:
         Sec. 6002.253.  TRAINING AND SUPERVISION OF CERTAIN EXEMPT
  EMPLOYEES. Each registered firm that employs an individual who is
  exempt from the licensing requirements of this chapter under
  Section 6002.155(10) shall appropriately train and supervise the
  individual to ensure that:
               (1)  each installation complies with the adopted
  provisions of National Fire Protection Association Standard No. 72
  [74] or other adopted standards;
               (2)  each smoke or heat detector installed or sold
  carries a label or listing of approval by a testing laboratory
  approved by the department; and
               (3)  the individual is knowledgeable in fire protection
  and the proper use and placement of detectors.
         (m)  Sections 1, 2, 3, 4, 5, 7, 8, and 9, Chapter 1051 (H.B.
  2118), Acts of the 80th Legislature, Regular Session, 2007, which
  amended Sections 2, 3, 5, 5B, 5D, 6A, 7, and 9, Article 5.43-2,
  Insurance Code, respectively, are repealed.
         (n)  Section 5G, Article 5.43-2, Insurance Code, as added by
  Section 6, Chapter 1051 (H.B. 2118), Acts of the 80th Legislature,
  Regular Session, 2007, is repealed.