H.B. No. 1435
 
 
 
 
AN ACT
  relating to certain notices, reports, and descriptions provided by
  or filed with court and county clerks.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 46C.003, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 46C.003.  VICTIM NOTIFICATION OF RELEASE.  If the court
  issues an order that requires the release of an acquitted person on
  discharge or on a regimen of outpatient care, the clerk of the court
  issuing the order, using the information provided on any victim
  impact statement received by the court under Article 56.03 or other
  information made available to the court, shall notify the victim or
  the victim's guardian or close relative of the release.
  Notwithstanding Article 56.03(f), the clerk of the court may
  inspect a victim impact statement for the purpose of notification
  under this article. On request, a victim assistance coordinator may
  provide the clerk of the court with information or other assistance
  necessary for the clerk to comply with this article.
         SECTION 2.  Section 58.110(c), Family Code, is amended to
  read as follows:
         (c)  The clerk of the court exercising jurisdiction over a
  juvenile offender's case shall report the disposition of the case
  to the department. [A clerk of the court who violates this
  subsection commits an offense. An offense under this subsection is
  a Class C misdemeanor.]
         SECTION 3.  Section 85.042(a-1), Family Code, is amended to
  read as follows:
         (a-1)  This subsection applies only if the respondent, at the
  time of issuance of an original or modified protective order under
  this subtitle, is a member of the state military forces or is
  serving in the armed forces of the United States in an active-duty
  status and the applicant or the applicant's attorney provides to
  the clerk of the court the mailing address of the staff judge
  advocate or provost marshal, as applicable.  In addition to
  complying with Subsection (a), the clerk of the court shall also
  provide a copy of the protective order and the information
  described by that subsection to the staff judge advocate at Joint
  Force Headquarters or the provost marshal of the military
  installation to which the respondent is assigned with the intent
  that the commanding officer will be notified, as applicable.
         SECTION 4.  Section 402.010, Government Code, is amended by
  amending Subsections (a) and (c) and adding Subsection (a-1) to
  read as follows:
         (a)  In an action in which a party to the litigation files a
  petition, motion, or other pleading challenging the
  constitutionality of a statute of this state, the party shall file
  the form required by Subsection (a-1).  The court shall, if the
  attorney general is not a party to or counsel involved in the
  litigation, serve notice of the constitutional challenge 
  [question] and a copy of the petition, motion, or other pleading
  that raises the challenge on the attorney general either by
  certified or registered mail or electronically to an e-mail address
  designated by the attorney general for the purposes of this
  section[.   Notice under this section must identify the statute in
  question, state the basis for the challenge, and specify the
  petition, motion, or other pleading that raises the challenge].
         (a-1)  The Office of Court Administration of the Texas
  Judicial System shall adopt the form that a party challenging the
  constitutionality of a statute of this state must file with the
  court in which the action is pending indicating which pleading
  should be served on the attorney general in accordance with this
  section.
         (c)  A party's failure to file as required by Subsection (a)
  or a court's failure to [file or] serve notice as required by
  Subsection (a) does not deprive the court of jurisdiction or
  forfeit an otherwise timely filed claim or defense based on the
  challenge to the constitutionality of a statute of this state.
         SECTION 5.  Sections 363.064(b) and (c), Health and Safety
  Code, are amended to read as follows:
         (b)  If the boundaries of a municipal solid waste unit that
  is no longer operating are known to be wholly on an identifiable
  tract, the council of governments for the area in which the former
  landfill unit is located shall notify the owner of land that
  overlays the former landfill unit of the former use of the land and
  shall notify the county clerk of the county or counties in which the
  former landfill unit is located of the former use. The notice to the
  county clerk must include:
               (1)  a description of the exact boundaries of the
  former landfill unit or, if the exact boundaries are not known, the
  best approximation of each unit's boundaries;
               (2)  a legal description of the parcel or parcels of
  land in which the former landfill unit is located;
               (3)  notice of the former landfill unit's former use;
  and
               (4)  notice of the restrictions on the land imposed by
  this subchapter. [The notice requirements of this subsection do not
  apply if the exact boundaries of a former landfill unit are not
  known.]
         (c)  The county clerk shall record the descriptions and
  notices submitted by a council of governments under Subsection (b).
  The county clerk may prescribe the method of arranging and indexing
  the descriptions and notices [on the deed records of land formerly
  used as a municipal solid waste landfill a description of the exact
  boundaries of the former landfill unit, or, if the exact boundaries
  are not known, the best approximation of each unit's boundaries,
  together with a legal description of the parcel or parcels of land
  in which the former landfill unit is located, notice of its former
  use, and notice of the restrictions on the development or lease of
  the land imposed by this subchapter]. The county clerk shall make
  the descriptions and notices [records] available for public
  inspection.
         SECTION 6.  The changes in law made by this Act apply only to
  an offense committed on or after the effective date of this Act. An
  offense committed before the effective date of this Act is governed
  by the law in effect on the date the offense was committed, and the
  former law is continued in effect for that purpose. For purposes of
  this section, an offense was committed before the effective date of
  this Act if any element of the offense occurred before that date.
         SECTION 7.  The changes in law made by this Act apply only to
  a notice, report, description, petition, motion, or other pleading
  provided or filed on or after the effective date of this Act.
         SECTION 8.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1435 was passed by the House on April
  25, 2013, by the following vote:  Yeas 136, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1435 on May 24, 2013, by the following vote:  Yeas 144, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1435 was passed by the Senate, with
  amendments, on May 22, 2013, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor