SENATE JOURNAL
EIGHTY-SIXTH LEGISLATURE — REGULAR SESSION


AUSTIN, TEXAS


PROCEEDINGS

FIFTY-EIGHTH DAY
(Continued)
(Thursday, May 23, 2019)

AFTER RECESS

The Senate met at 1:30 p.m. and was called to order by President Pro Tempore Watson.

The Reverend Jason Wilder, Elgin Church of Christ, Elgin, was introduced by the President Pro Tempore and offered the invocation as follows:

Dear God and creator of all things, I humbly come to You as our source of life, love, peace, and goodness. Father, Your holy word teaches that You are the ultimate authority, king of all kings and lord of all lords, and that there is no authority except that which You have established. So, Father, I thank You for these men and women who serve in this body. I pray that You will bring peace into their lives, into their homes, into their families, and that You will give them wisdom so that they will act in ways that bring glory to You and peace to our land. Lord, I come to You confessing that we are not always the people You would have us to be. I have called good evil and evil good and for that I beg Your forgiveness. Purify us, Lord, from all ways that are not of You and give us a new heart and renewed spirit. I pray that You will give us pure convictions and then give us the boldness to pursue those convictions. I pray for love not hate, mercy not vengeance, and I pray for unity not division. I ask all these things in the name of my savior, Jesus Christ. Amen.

Senator Whitmire moved that the reading of the Journal of the proceedings of the previous day be dispensed with and the Journal be approved as printed.

The motion prevailed without objection.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER
Austin, Texas
Thursday, May 23, 2019 - 1

The Honorable President of the Senate
Senate Chamber
Austin, Texas

Mr. President:

I am directed by the house to inform the senate that the house has taken the following action:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HCR 177
Bonnen, Dennis
In memory of former House Speaker Pro Tempore D. R. "Tom" Uher of Bay City.

HCR 180
Parker
Congratulating Representative Tom Craddick and Nadine Craddick on their 50th wedding anniversary.

SB 8
Perry
Sponsor: Larson
Relating to state and regional flood planning.
(Amended)

THE HOUSE HAS CONCURRED IN THE SENATE AMENDMENTS TO THE FOLLOWING MEASURES:

HB 4347 (146 Yeas, 0 Nays, 1 Present, not voting)

THE HOUSE HAS REFUSED TO CONCUR IN THE SENATE AMENDMENTS TO THE FOLLOWING MEASURES AND REQUESTS THE APPOINTMENT OF A CONFERENCE COMMITTEE TO ADJUST THE DIFFERENCES BETWEEN THE TWO HOUSES:

HB 4749
House Conferees:  Schaefer - Chair/Craddick/Hefner/Lang/Shaheen

Respectfully,

/s/Robert Haney, Chief Clerk
House of Representatives

PHYSICIAN OF THE DAY

Senator Campbell was recognized and presented Dr. Mark Nadeau of San Antonio, accompanied by Christine Camacho, as the Physician of the Day.

The Senate welcomed Dr. Nadeau and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.

(President in Chair)

GUESTS PRESENTED

Senator Huffman, joined by Senators Zaffirini and Bettencourt, was recognized and introduced to the Senate Chief Justice Nathan Hecht, Justice Jeffrey Boyd, and Justice John Devine.

The Senate welcomed its guests.

(Senator Bettencourt in Chair)

SENATE RESOLUTION 814

Senator Lucio offered the following resolution:

SR 814, Congratulating Elaine Mendoza on her election as chair of The Texas A&M University System Board of Regents.

LUCIO
JOHNSON
WATSON
ALVARADO
MENÉNDEZ
WEST
BETTENCOURT
MILES
WHITMIRE
FLORES
POWELL
ZAFFIRINI
HINOJOSA
RODRÍGUEZ

The resolution was read.

On motion of Senator Lucio and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.

On motion of Senator Lucio, the resolution was adopted without objection.

GUESTS PRESENTED

Senator Lucio, joined by Senators Menéndez, Schwertner, Zaffirini, Flores, Hinojosa, Kolkhorst, and Fallon, was recognized and introduced to the Senate Elaine Mendoza and her husband, Larry Gay; daughters, Contessa Gay and Francesca Gay; and John Sharp.

The Senate welcomed its guests.

GUEST PRESENTED

Senator Paxton, joined by Senators Johnson and Hall, was recognized and introduced to the Senate the 2018 Dallas Police Department Officer of the Year Brian Nolff.

The Senate welcomed its guest.

GUEST PRESENTED

Senator Flores was recognized and introduced to the Senate his staff assistant Marshal Hoak and congratulated him on his graduation from The University of Texas at Austin.

The Senate welcomed its guest.

GUESTS PRESENTED

Senator Menéndez, joined by Senator Hinojosa, was recognized and introduced to the Senate The University of Texas Rio Grande Valley Legislative Internship Program representatives:  Khalid Aboujamous, Erick Longoria, Giovanni Rosas Escobedo, Javier Bustos, Jesús Galindo, Ylana Robles, Jacquelynn Hernandez, Bertha Lance, Mónica García, and Representative Oscar Longoria.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Buckingham, joined by Senator Perry, was recognized and introduced to the Senate Stefanie M. Watkins Nance and members of the 7th Aerospace Medicine Squadron.

The Senate welcomed its guests.

SENATE BILL 1928 WITH HOUSE AMENDMENT

Senator Fallon called SB 1928 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Floor Amendment No. 1 on Third Reading

Amend SB 1928 (house committee report), on third reading, as follows:
(1)  On page 1, line 7, strike "Subdivision (1-c)" and substitute "Subdivisions (1-c) and (1-d)".
(2)  On page 1, between lines 10 and 11, insert the following:
(1-b) "Complaint" means any petition or other pleading which, for the first time, raises a claim against a licensed or registered professional for damages arising out of the provision of professional services by the licensed or registered professional.
(3)  On page 1, line 11, strike "(1-b)" and substitute "(1-c)".
(4)  On page 1, line 19, strike "(1-c)" and substitute "(1-d)"

The amendment was read.

Senator Fallon moved to concur in the House amendment to SB 1928.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1283 WITH HOUSE AMENDMENT

Senator Miles called SB 1283 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 1283 (house committee report) as follows:
(1)  On page 2, line 3, strike "an" and substitute "any".
(2)  On page 2, line 5, between "drug" and the underlined period, insert ", except to minimize fraud, waste, or abuse".
(3)  On page 10, line 10, strike "an" and substitute "any".
(4)  On page 10, line 12, between "drug" and the underlined semicolon, insert ", except to minimize fraud, waste, or abuse".

The amendment was read.

Senator Miles moved to concur in the House amendment to SB 1283.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1494 WITH HOUSE AMENDMENTS

Senator Paxton called SB 1494 from the President's table for consideration of the House amendments to the bill.

The Presiding Officer laid the bill and the House amendments before the Senate.

Floor Amendment No. 1

Amend SB 1494 (house committee printing) as follows:
(1)  On page 4, line 3, between "caseworker" and "or" insert ", adult protective services caseworker,".
(2)  On page 4, line 7, between "caseworker" and "or" insert ", adult protective services caseworker,".
(3)  On page 6, line 12, between "caseworker" and "or" insert ", adult protective services caseworker,".
(4)  On page 6, line 14, between "caseworker" and "or" insert ", adult protective services caseworker,".
(5)  On page 10, line 3, between "caseworker" and "or" insert ", adult protective services caseworker,".
(6)  On page 10, line 5, between "caseworker" and "or" insert ", adult protective services caseworker,".

Floor Amendment No. 2

Amend SB 1494 (house committee report) as follows:
(1)  On page 4, line 1, strike "or" and substitute "[or]".
(2)  On page 4, line 8, between "department" and the bracket, insert the following:
; or
(17)  a state officer elected statewide or a member of the legislature, regardless of whether the officer or member complies with Section 552.024 or 552.1175
(3)  On page 6, line 10, strike "and".
(4)  On page 6, line 16, between "department" and the period, insert the following:
; and
(16)  state officers elected statewide and members of the legislature
(5)  On page 10, line 1, strike "and".
(6)  On page 10, line 7, between "department" and the period, insert the following:
; and
(25)  a state officer elected statewide or a member of the legislature

The amendments were read.

Senator Paxton moved to concur in the House amendments to SB 1494.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 38 WITH HOUSE AMENDMENTS

Senator Zaffirini called SB 38 from the President's table for consideration of the House amendments to the bill.

The Presiding Officer laid the bill and the House amendments before the Senate.

Floor Amendment No. 1

Amend SB 38 (house committee report) on page 1, line 24, by striking "(F)" and substituting "(E)".
Floor Amendment No. 2

Amend SB 38 (house committee report) on page 2 by striking lines 15 through 17 and substituting the following:
(E)  involves coercing, as defined by Section 1.07, Penal Code, the student to consume:
(i)  a drug; or
(ii)  an alcoholic beverage or liquor in an amount that would lead a reasonable person to believe that the student is intoxicated, as defined by Section 49.01, Penal Code.

Floor Amendment No. 3

Amend SB 38 (house committee report) as follows:
(1)  On page 1, line 4, strike "Section 37.151(6), Education Code, is" and substitute "Sections 37.151(5) and (6), Education Code, are".
(2)  On page 1, between lines 5 and 6, insert the following:
(5)  "Organization" means a fraternity, sorority, association, corporation, order, society, corps, club, or student government, a band or musical group or an academic, athletic, cheerleading, or dance team, including any group or team that participates in a University Interscholastic League or National Collegiate Athletic Association competition, or a service, social, or similar group, whose members are primarily students.

The amendments were read.

Senator Zaffirini moved to concur in the House amendments to SB 38.

The motion prevailed by the following vote:  Yeas 30, Nays 1.

Nays:  Nelson.

SENATE BILL 1887 WITH HOUSE AMENDMENT

Senator Huffman called SB 1887 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 1887 (house committee printing) as follows:
(1)  On page 1, strike lines 15-18 and substitute the following:
(h)  A judge exercising jurisdiction over a child in a suit instituted under Subtitle E, Title 5, may refer any aspect of a suit involving the child that is instituted under this title to the appropriate associate judge appointed under Subchapter C, Chapter 201, serving in the county and exercising jurisdiction over the child under Subtitle E, Title 5, if the associate judge consents to the referral. The scope of an
(2)  On page 1, lines 20 and 21, strike "juvenile court".
(3)  On page 1, line 24, through page 2, line 1, strike "FOR ADJUDICATION OR DISPOSITION." and substitute "TO COMBINE PROCEEDINGS. (a)".
(4)  On page 2, at the end of line 2, insert "district or statutory county".
(5)  On page 2, line 3, strike "a county" and substitute "another county".
(6)  Strike page 2, lines 4-7, and substitute the following:
child in a suit instituted under Subtitle E, Title 5. A case may only be transferred under this section with the consent of the judge of the court to which the case is being transferred.
(b)  Notwithstanding Section 51.04, a district or statutory county court to which a case is transferred under this section has jurisdiction over the transferred case regardless of whether the court is a designated juvenile court or alternative juvenile court in the county.
(c)  If the court exercising jurisdiction over the child under Subtitle E, Title 5, consents to a transfer under this section, the juvenile court shall file the transfer order with the clerk of the transferring court. On receipt and without a hearing or further order from the juvenile court, the clerk of the transferring court shall transfer the files, including transcripts of records and documents for the case as soon as practicable but not later than the 10th day after the date an order of transfer is filed.
(d)  On receipt of the pleadings, documents, and orders from the transferring court, the clerk of the receiving court shall notify the judge of the receiving court, all parties, and the clerk of the transferring court.

The amendment was read.

Senator Huffman moved to concur in the House amendment to SB 1887.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1164 WITH HOUSE AMENDMENT

Senator Rodríguez called SB 1164 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 1164 (house committee report) on page 1, line 10, by striking "final".

The amendment was read.

Senator Rodríguez moved to concur in the House amendment to SB 1164.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 2119 WITH HOUSE AMENDMENTS

Senator Alvarado called SB 2119 from the President's table for consideration of the House amendments to the bill.

The Presiding Officer laid the bill and the House amendments before the Senate.

Amendment

Amend SB 2119 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the transfer of the regulation of motor fuel metering and motor fuel quality from the Department of Agriculture to the Texas Department of Licensing and Regulation; providing civil and administrative penalties; creating criminal offenses; requiring occupational licenses; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subtitle A, Title 14, Occupations Code, is amended by adding Chapter 2310 to read as follows:
CHAPTER 2310. MOTOR FUEL METERING AND QUALITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2310.001.  DEFINITIONS. (a) In this chapter:
(1)  "Commercial weighing or measuring device" means a weighing or measuring device used in a commercial transaction.
(2)  "Commission" means the Texas Commission of Licensing and Regulation.
(3)  "Dealer" means a person who:
(A)  is the operator of a service station or other retail outlet; and
(B)  delivers motor fuel into the fuel tanks of motor vehicles or motor boats.
(4)  "Department" means the Texas Department of Licensing and Regulation.
(5)  "Executive director" means the executive director of the department.
(6)  "Motor fuel" has the meaning assigned by Section 162.001, Tax Code.
(7)  "Motor fuel metering device" means a commercial weighing or measuring device used for motor fuel sales.
(8)  "Operator" or "user" means a person in possession or control of a weighing or measuring device.
(9)  "Sell" includes barter or exchange.
(10)  "Weighing or measuring device" means a scale or a mechanical or electronic device used to dispense or deliver a motor fuel by weight, volume, flow rate, or other measure or to compute the charge for a service related to motor fuel.
(11)  "Weight or measure of a motor fuel" means the weight or measure of a motor fuel as determined by a weighing or measuring device.
(b)  A reference to the weight of a motor fuel in this chapter is a reference to the net weight of the motor fuel.
Sec. 2310.002.  ENFORCEMENT OF CHAPTER. (a) Notwithstanding any other law, the department shall administer and enforce the provisions of this chapter and shall regulate all motor fuel metering devices sold or offered for sale in this state. The department may purchase apparatus as necessary for the administration of this chapter.
(b)  To the extent this chapter conflicts with Chapter 13, Agriculture Code, with regard to motor fuel metering devices, this chapter controls.
(c)  The department may contract with one or more license holders under Subchapter D of this chapter or Subchapter I, Chapter 13, Agriculture Code, to perform
the department's duties under this chapter related to motor fuel metering devices. A reference in this chapter to the commission or department in the context of a contracted service means the contractor.Sec. 2310.003.  CIVIL PENALTY; INJUNCTION. (a) A person who violates Subchapter B or C or a rule adopted under Subchapter B or C is liable to the state for a civil penalty not to exceed $500 for each violation. Each day a violation continues may be considered a separate violation for purposes of a civil penalty assessment.
(b)  On request of the executive director, the attorney general or the county attorney or district attorney of the county in which the violation is alleged to have occurred shall file suit to collect the penalty.
(c)  A civil penalty collected under this section shall be deposited in the state treasury to the credit of the general revenue fund. A civil penalty recovered in a suit first instituted by one or more local governments under this section shall be equally divided between this state and each local government that first instituted the suit, with 50 percent of the recovery deposited to the credit of the general revenue fund and the other 50 percent distributed equally to each local government.
(d)  The executive director is entitled to appropriate injunctive relief to prevent or abate a violation of this chapter or a rule adopted under this chapter. On request of the executive director, the attorney general or the county or district attorney of the county in which the alleged violation is threatened or is occurring shall file suit for the injunctive relief. Venue is in the county in which the alleged violation is threatened or is occurring.
(e)  The department and the attorney general may each recover reasonable expenses incurred in obtaining injunctive relief and civil penalties under this section, including investigative costs, court costs, reasonable attorney's fees, witness fees, and deposition expenses. The expenses recovered by the department may be appropriated only to the department for the administration and enforcement of this chapter. The expenses recovered by the attorney general may be appropriated only to the attorney general.
SUBCHAPTER B. STANDARD WEIGHTS AND MEASURES FOR MOTOR FUEL
Sec. 2310.051.  LEGAL STANDARDS. (a) The legal standard for the weight or measure of a motor fuel in this state is the standard weight or measure adopted and used by the government of the United States for that motor fuel. If the United States does not provide a standard weight or measure for a motor fuel, the standard for the motor fuel is that established by this subchapter.
(b)  The commission may adopt rules for the purpose of administering this subchapter and bringing about uniformity between the standards established under this subchapter and the standards established by federal law.
(c)  Except as otherwise provided by an express contract, a contract for work or sales by weight or measure of a motor fuel shall be construed in accordance with the standards of this subchapter.
(d)  The standards of this subchapter shall be the guide for making any adjustment of weighing or measuring devices under the law of this state.
Sec. 2310.052.  STANDARD FOR LIQUID MOTOR FUEL. (a) This section does not apply to compressed natural gas or liquefied natural gas.
(b)  The standard unit of measure of capacity for liquid motor fuels is the gallon.
(c)  Except as provided by Subsections (d) and (e), all other measures of capacity for liquid motor fuels are derived from the gallon by continual division by two, making half gallons, quarts, pints, half pints, and gills.
(d)  A mechanism or machine that is adapted to measure and deliver liquid motor fuels by volume and that indicates fractional parts of a gallon shall indicate the fractional parts either in terms of binary submultiple subdivisions or in terms of tenths of a gallon.
(e)  For purposes of the retail sale of motor fuel only, the liquid gallon contains 231 cubic inches without adjustment based on the temperature of the liquid.
Sec. 2310.053.  EXEMPTION OF CERTAIN MOTOR FUEL METERING DEVICES. (a) The commission by rule may exempt a motor fuel metering device from a requirement established by this chapter if the commission determines that imposing or enforcing the requirement:
(1)  is not cost-effective for the department;
(2)  is not feasible with current resources or standards; or
(3)  will not substantially benefit or protect consumers.
(b)  A motor fuel metering device is exempt from the requirements of this chapter if the motor fuel metering device is not used to:
(1)  calculate the amount of motor fuel sold in a commercial transaction; or
(2)  compute the charge for service.
Sec. 2310.054.  SALE OF MOTOR FUEL BY PROPER MEASURE. (a) Except as otherwise provided by this section, motor fuel shall be sold by liquid measure.
(b)  Compressed natural gas and liquefied natural gas shall be sold by weight.
(c)  A person violates this chapter if, in violation of this section, the person sells motor fuel by other than weight or liquid measure.
Sec. 2310.055.  PRICE ADVERTISEMENT; MISREPRESENTATION OF PRICE OR QUANTITY. (a) If a price sign, card, tag, poster, or other advertisement displaying the price of motor fuel includes a whole number and a fraction, the figures in the fraction shall be of proportionate size and legibility to those of the whole number.
(b)  A person violates this chapter if the person:
(1)  misrepresents the price of motor fuel sold or offered or exposed for sale; or
(2)  represents the price or the quantity of motor fuel sold or offered or exposed for sale in a manner intended or tending to mislead or deceive an actual or prospective customer.
Sec. 2310.056.  FALSE REPRESENTATION OF MOTOR FUEL QUANTITY. A person violates this chapter if the person or the person's representative or agent:
(1)  sells or offers or exposes for sale a quantity of motor fuel that is less than the quantity the person represents; or
(2)  as a buyer furnishing the weight or measure of a motor fuel by which the amount of the motor fuel is determined, takes or attempts to take more than the quantity the person represents.
Sec. 2310.057.  USE OF INCORRECT MOTOR FUEL METERING DEVICE. (a) A person commits an offense if the person or the person's representative or agent knowingly uses an incorrect weighing or measuring device in:
(1)  buying or selling motor fuel;
(2)  computing a charge for services rendered on the basis of weight or measure; or
(3)  determining the weight or measure of motor fuel, if a charge is made for the determination.
(b)  For the purpose of this section, a weighing or measuring device is incorrect if it:
(1)  does not conform as closely as practicable to the official standards;
(2)  is not accurate;
(3)  is of a construction that is not reasonably permanent in adjustment or does not correctly repeat its indications;
(4)  facilitates the perpetration of fraud; or
(5)  does not conform to the specifications and tolerances under Section 2310.107.
Sec. 2310.058.  SALE OF MOTOR FUEL IN VIOLATION OF SUBCHAPTER. A person violates this chapter if the person or the person's representative or agent sells or keeps, offers, or exposes for sale motor fuel in violation of this subchapter.
Sec. 2310.059.  TESTING BY DEPARTMENT. (a) The department shall from time to time weigh or measure an amount of motor fuel that is kept or offered for sale, sold, or in the process of delivery, in order to determine:
(1)  if the motor fuel is of the amount or quantity represented; or
(2)  if the motor fuel is being offered for sale or sold in accordance with law.
(b)  If the department finds that any lot of motor fuel contains less of the motor fuel than the amount represented, the department may seize the motor fuel as evidence.
(c)  A person commits an offense if the person or the person's employee or agent refuses to exhibit motor fuel being sold or offered for sale at a given weight or quantity, or ordinarily sold in that manner, to the department for testing and proving as to quantity.
Sec. 2310.060.  STOP-SALE ORDER. (a) If the department has reason to believe that motor fuel is being sold or kept, offered, or exposed for sale in violation of this chapter or that motor fuel is being sold or offered for sale by or through the use of a motor fuel metering device that is in violation of this chapter, the executive director may issue an order to stop the sale of the motor fuel. The executive director shall issue the order to the owner or custodian of the motor fuel or seller of the motor fuel. The person receiving the order may not sell the motor fuel until discharged by a court under Subsection (b) or until the executive director finds that the motor fuel or motor fuel metering device is in compliance with this chapter.
(b)  The owner, custodian, or seller of motor fuel prohibited from sale by an order of the executive director is entitled to sue in a court where the motor fuel is found or is being sold or offered for sale for a judgment as to the justification of the order and for the discharge of the motor fuel in accordance with the findings of the court.
(c)  This section does not limit the right of the department to proceed as authorized by other sections of this code.
Sec. 2310.061.  PENALTIES; DEFENSE. (a) An offense under Section 2310.057 or 2310.059 is a Class C misdemeanor.
(b)  It is a defense to prosecution or to the imposition of a civil or administrative penalty for a violation of Section 2310.057 or 2310.059 that a discrepancy between the actual weight or volume at the time of sale to a consumer or a discrepancy between the fill of a container and the capacity of the container is due to unavoidable leakage, shrinkage, evaporation, waste, or causes beyond the control of the seller acting in good faith.
SUBCHAPTER C. INSPECTION AND REGISTRATION OF MOTOR FUEL METERING DEVICES
Sec. 2310.101.  AUTHORITY TO INSPECT. (a) If the department has reason to believe that a motor fuel metering device is being used for a commercial transaction and the device is not registered with the department, the department may inspect the device and the records of the owner, operator, or user of the device that relate to use of the device to determine whether the device is in compliance with this chapter.
(b)  The department has reason to believe a motor fuel metering device is being used for a commercial transaction if:
(1)  the motor fuel metering device is found near motor fuel being sold or offered for sale by weight or measure and the device appears to be under the control or in the possession of the person selling the motor fuel or offering the motor fuel for sale; or
(2)  other available evidence is sufficient for a prudent person to believe that the motor fuel metering device is being used for a commercial transaction.
Sec. 2310.104.  COMPLAINTS REGARDING MOTOR FUEL METERING DEVICES. In accordance with Chapter 51, the executive director shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the department for the purpose of directing complaints to the department. The department shall provide to the person filing the complaint and to each person who is a subject of the complaint information about the department's policies and procedures relating to complaint investigation and resolution.
Sec. 2310.105.  REPAIR OR DESTRUCTION OF INCORRECT MOTOR FUEL METERING DEVICES. (a) If, in the judgment of the department, a motor fuel metering device found to be incorrect is not capable of being repaired, the department may condemn, seize, and destroy the device.
(b)  If, in the judgment of the department, an incorrect motor fuel metering device is capable of being repaired, the department shall place on the device a tag or other mark with the words "Out of Order." The owner or user of the motor fuel metering device may not use it until it is reinspected and released for use by the department or inspected and released for use in any other manner authorized by commission rule.
(c)  The owner, operator, or user of a motor fuel metering device may not destroy, replace, or otherwise dispose of a device declared to be incorrect or condemned under this section except as provided by commission rule.
Sec. 2310.106.  INSPECTION OF STANDARDS USED TO PERFORM DEVICE MAINTENANCE ACTIVITIES. (a) In this section, "state metrology laboratory" means the metrology laboratory maintained by the Department of Agriculture under Subchapter C, Chapter 13, Agriculture Code.
(b)  The commission may adopt rules to regulate the frequency and place of inspection and correction of the standards for motor fuel used by an individual or business licensed by the department to perform device maintenance activities under Subchapter D or an individual or business licensed under Subchapter I, Chapter 13, Agriculture Code.
(c)  The department may inspect any standard for motor fuel used by an individual or business licensed by the department to perform device maintenance activities described by Subchapter D or an individual or business licensed under Subchapter I, Chapter 13, Agriculture Code, if the department has reason to believe a standard is no longer in compliance with this chapter.
(d)  The department shall keep a record of the inspection and character of standards for motor fuel inspected under this section.
(e)  The state metrology laboratory shall purchase additional sets of standards as necessary for use by a department inspector or other department personnel.
(f)  The state metrology laboratory shall inspect and correct the standards for motor fuel used by a department inspector, another department employee, an individual or business licensed by the department to perform device maintenance activities under Subchapter D, or an individual or business licensed under Subchapter I, Chapter 13, Agriculture Code.
(g)  The department and the state metrology laboratory shall enter into a memorandum of understanding to implement this section. The memorandum of understanding must provide department personnel and persons licensed under Subchapter D with access to state metrology laboratory services equal to the access provided to Department of Agriculture personnel and persons licensed under Subchapter I, Chapter 13, Agriculture Code, and under equivalent terms and conditions.
Sec. 2310.107.  TOLERANCES. Specifications and tolerances for motor fuel metering devices shall be the same as those recommended by the National Institute of Standards and Technology.
Sec. 2310.108.  FEES. The commission by rule shall establish fees in amounts reasonable and necessary to cover the cost of administering this chapter.
Sec. 2310.109.  REFUSING TO ALLOW TEST OF MOTOR FUEL METERING DEVICE. (a) A person commits an offense if the person refuses to allow a motor fuel metering device under the person's control or in the person's possession to be inspected, tested, or examined by the department, and the inspection, test, or examination is required or authorized by this chapter.
(b)  A person commits an offense if the person hinders or obstructs in any way the department, a department inspector, or other department employee in the performance of official duties.
(c)  A person commits an offense if the person removes or obliterates a tag or device placed or required by the department to be placed on a motor fuel metering device under this chapter.
Sec. 2310.110.  SALE OR USE OF INCORRECT MOTOR FUEL METERING DEVICE. (a) The department may condemn and prohibit the sale or distribution of any incorrect motor fuel metering device that is sold, offered for sale, or about to be sold in this state.
(b)  A person commits an offense if the person or the person's representative or agent knowingly:
(1)  offers or exposes for sale, hire, or award or sells an incorrect motor fuel metering device;
(2)  possesses an incorrect motor fuel metering device; or
(3)  sells, offers for sale, uses, or possesses for the purpose of sale or use a device or instrument to be used to falsify or intended to falsify a weight or measure for motor fuel.
Sec. 2310.111.  DISPOSING OF CONDEMNED MOTOR FUEL METERING DEVICE. A person commits an offense if the person or the person's representative or agent disposes of a motor fuel metering device condemned under Section 2310.105 or 2310.110 in a manner contrary to those sections.
Sec. 2310.112.  PENALTIES. An offense under Section 2310.109, 2310.110, or 2310.111 is a Class C misdemeanor.
SUBCHAPTER D. LICENSING OF MOTOR FUEL METERING DEVICE SERVICE TECHNICIANS AND MOTOR FUEL METERING DEVICE SERVICE COMPANIES
Sec. 2310.151.  DEFINITIONS. In this subchapter:
(1)  "Device maintenance activities" means activities described by Section 2310.152.
(2)  "License holder" means a person who holds a motor fuel metering device service company license or a motor fuel metering device service technician license.
(3)  "Service company" means a person who holds a motor fuel metering device service company license issued by the department under this subchapter.
(4)  "Service technician" means an individual who holds a motor fuel metering device service technician license issued by the department under this subchapter.
Sec. 2310.152.  DEVICE MAINTENANCE ACTIVITIES. A person performs device maintenance activities if the person or the person's employee:
(1)  places a motor fuel metering device in service;
(2)  installs, calibrates, inspects, tests, or repairs a motor fuel metering device; or
(3)  removes an out-of-order tag, stop-sale order, security seal, lock, condemnation notice, or other form of use prohibition placed on a motor fuel metering device by the department.
Sec. 2310.153.  POWERS AND DUTIES OF DEPARTMENT. (a) To verify compliance with licensing requirements, trade practices, commission rules, and this chapter, the department may periodically or in response to a complaint or previous violation inspect an applicant's or license holder's:
(1)  facilities;
(2)  inspecting and testing equipment and procedures;
(3)  repair and calibration equipment, standards, and procedures;
(4)  transportation equipment; and
(5)  invoices, work orders, and other records related to device maintenance activities.
(b)  The department may periodically or in response to a complaint or previous violation monitor and inspect or test motor fuel metering devices that have been inspected and tested by a license holder and any standards used by the license holder during an inspection or test.
(c)  The commission by rule may adopt additional requirements for the issuance of a license and for the denial of an application for a license or renewal of a license. Rules adopted by the commission under this subsection must be designed to protect the public health, safety, and welfare and ensure the proper inspection, testing, and operation of motor fuel metering devices.
(d)  The commission may adopt other rules necessary for the regulation of device maintenance activities, for the proper operation of motor fuel metering devices, and to protect the health, safety, and welfare of the public and license holders.
(e)  The department may specify the date, time, and place for any inspection authorized by this section.
Sec. 2310.154.  EXEMPTIONS FROM LICENSE REQUIREMENTS. (a) A person is not required to hold a license issued under this subchapter if the person:
(1)  is a department employee who is performing device maintenance activities in the scope of the person's duties for the department;
(2)  is the owner or operator of a motor fuel metering device or an employee of the owner or operator of a motor fuel metering device and the person:
(A)  completely removes the motor fuel metering device from the location at which the device was installed, including a device subject to an out-of-order tag, stop-sale order, security seal, lock, condemnation notice, or other item placed on the device by the department to prohibit use of the device; and
(B)  notifies the department of the motor fuel metering device's removal not later than the 10th day after the date the device was removed in the manner provided by commission rule;
(3)  performs device maintenance activities only on a motor fuel metering device that is:
(A)  exempt from the inspection and registration requirements of Sections 2310.102 and 2310.103 under commission rules; and
(B)  not required to be inspected by other commission rules; or
(4)  is a license holder under Subchapter I, Chapter 13, Agriculture Code.
(b)  The department is not required to hold a license issued under this subchapter or Subchapter I, Chapter 13, Agriculture Code.
Sec. 2310.155.  SERVICE TECHNICIAN LICENSE REQUIRED. Unless exempt from the licensing requirement, an individual may not perform or offer to perform device maintenance activities unless the individual holds a service technician license issued by the department under this subchapter.
Sec. 2310.156.  SERVICE COMPANY LICENSE REQUIRED. (a) Unless exempt from the license requirement, a person may not employ or contract with an individual who performs or offers to perform device maintenance activities unless the person holds a service company license issued by the department under this subchapter.
(b)  Unless exempt from the licensing requirement, an individual may not perform or offer to perform device maintenance activities as a sole proprietor unless the individual holds a service technician license and a service company license issued by the department under this subchapter.
Sec. 2310.157.  APPLICATION FOR LICENSE. (a) An applicant for a license under this subchapter must submit to the department:
(1)  an application form prescribed by the department;
(2)  any other information required by the department; and
(3)  a fee in an amount set by the department.
(b)  The department shall conduct a criminal background check on each applicant who submits an application for a license under this subchapter and on any controlling person of the applicant. The department may, as permitted by law:
(1)  examine any criminal conviction, guilty plea, or deferred adjudication of the applicant or controlling person; and
(2)  obtain any criminal history or record of the applicant or controlling person.
Sec. 2310.158.  SERVICE TECHNICIAN LICENSE REQUIREMENTS. (a) The department shall issue a license to each qualified applicant who applies for a service technician license.
(b)  The commission by rule may require an applicant for the issuance or renewal of a service technician license to:
(1)  provide proof that the applicant has completed an academic, trade, or professional course of instruction approved by the department; and
(2)  pass a written test, a practical skills test, or both.
Sec. 2310.159.  SERVICE COMPANY LICENSE REQUIREMENTS. (a) The department shall issue a license to each qualified applicant who applies for a service company license.
(b)  An applicant for the issuance or renewal of a license under this section must:
(1)  submit to the department a certificate of insurance evidencing that the applicant has an insurance policy that meets the requirements of Section 2310.160 effective for the period for which the license is to be issued or renewed; and
(2)  meet any other requirements provided by commission rule.
Sec. 2310.160.  INSURANCE POLICY REQUIRED FOR SERVICE COMPANY. A service company shall maintain a current effective liability insurance policy issued by an insurance company authorized to do business in this state or by a surplus lines insurer that meets the requirements of Chapter 981, Insurance Code, and rules adopted by the commissioner of insurance in an amount set by commission rule and based on the type of licensed activities to be performed.
Sec. 2310.161.  TERM OF LICENSE. A license issued under this subchapter is valid for one or two years as established by commission rule.
Sec. 2310.162.  LICENSE RENEWAL. The commission by rule shall establish the requirements for renewing a license and issuing a renewal license under this chapter, including payment of applicable fees.
Sec. 2310.163.  PRACTICE BY LICENSE HOLDER. (a) A license holder shall perform device maintenance activities in compliance with commission rules.
(b)  A license holder may use only equipment approved by the department, as provided by commission rules, when performing device maintenance activities.
Sec. 2310.164.  CRIMINAL PENALTY. (a) A person commits an offense if the person violates Section 2310.155 or 2310.156 or causes another person to violate Section 2310.155 or 2310.156.
(b)  An offense under Subsection (a) is a Class B misdemeanor, unless the person has been previously convicted of an offense under this section, in which case the offense is a Class A misdemeanor.
SUBCHAPTER E. SALE, DELIVERY, AND QUALITY OF MOTOR FUEL
Sec. 2310.201.  NOTICE OF SALE OF ALCOHOL AND FUEL MIXTURE. (a) A dealer may not sell or offer for sale motor fuel from a motor fuel pump supplied by a storage tank into which motor fuel, in a mixture in which at least one percent of the mixture measured by volume is ethanol or methanol, has been delivered within the 60-day period preceding the date of sale or offer of sale unless the dealer prominently displays on the pump from which the mixture is sold a sign that:
(1)  is displayed on each side of the motor fuel pump on which the price of the motor fuel mixture sold from the pump is displayed;
(2)  states "Contains Ethanol" or "Contains Methanol," as applicable;
(3)  appears in contrasting colors with block letters at least one-half inch high and one-fourth inch wide; and
(4)  is displayed in a clear, conspicuous, and prominent manner, visible to customers using either side of the pump.
(b)  This section does not prohibit the posting of any other alcohol or additive information. Other alcohol or additive information and any relevant posting are subject to regulation by the department.
Sec. 2310.202.  MINIMUM MOTOR FUEL QUALITY AND TESTING STANDARDS. (a) The commission by rule shall adopt minimum motor fuel quality and testing standards for motor fuel that is sold or offered for sale in this state. The standards must comply with the nationally recognized minimum standards established by:
(1)  the American Society for Testing and Materials, for motor fuels other than motor fuels blended with ethanol; and
(2)  the National Institute of Standards and Technology, for motor fuels blended with ethanol.
(b)  The commission may adopt rules as necessary to bring about uniformity between the standards established under this subchapter and the nationally recognized standards described by Subsection (a).
Sec. 2310.203.  TESTING OF MOTOR FUEL QUALITY. (a) The department or a representative of the department may collect samples and conduct testing at any location where motor fuel is kept, transferred, sold, or offered for sale to verify that the motor fuel complies with the minimum standards required by Section 2310.202.
(b)  The collection of samples and conducting of testing at a dealer's location must be performed by a license holder under Subchapter D of this chapter or Subchapter I, Chapter 13, Agriculture Code, under contract with the dealer. The license holder is considered a representative of the department for purposes of this section.
(c)  On arriving at a facility to conduct testing under Subsection (a), a representative of the department shall notify the owner or manager of the facility of the representative's presence and purpose. The department representative shall follow the most recent applicable procedures specified by the American Society for Testing and Materials (ASTM) International Standard D4057, D4177, D5842, or D5854 for the collection, sampling, and handling of fuel to prepare for laboratory analysis.
(d)  A person commits an offense if the person refuses to allow a department representative to collect samples or conduct motor fuel testing under Subsection (a).
(e)  An offense under Subsection (d) is a Class C misdemeanor.
Sec. 2310.204.  RULES; FEES. (a) The commission may adopt rules consistent with this subchapter for the regulation of the sale of motor fuels, including motor fuels that contain ethanol and methanol.
(b)  The commission by rule may impose a fee for testing, inspection, or the performance of other services provided as determined necessary by the commission in the administration of this subchapter. A fee imposed under this subsection shall be collected from each dealer, distributor, and supplier, as defined by Section 162.001, Tax Code, on a periodic basis determined by the commission without regard to whether the motor fuel is subject to regulation under this subchapter.
(c)  The commission by rule shall prescribe the form for reporting and remitting the fees imposed under this section.
(d)  Fees collected under this section may be used only to administer and enforce this subchapter.
Sec. 2310.205.  CIVIL PENALTY. A person who sells or offers for sale motor fuel in violation of this subchapter or a rule adopted under this subchapter is liable to this state for a civil penalty of not less than $200 and not more than $2,500.
Sec. 2310.206.  ADMINISTRATIVE PENALTY. The commission may impose an administrative penalty on a person under Subchapter F, Chapter 51, if the person sells or offers for sale motor fuel in violation of this subchapter or a rule adopted under this subchapter.
SECTION 2.  Sections 13.1015 and 13.1016, Agriculture Code, are transferred to Subchapter C, Chapter 2310, Occupations Code, as added by this Act, redesignated as Sections 2310.102 and 2310.103, Occupations Code, and amended to read as follows:
Sec. 2310.102 [13.1015].  INSPECTION OF MOTOR FUEL METERING DEVICES. (a) Unless a motor fuel metering device is exempt from the application of this section by commission [department] rule, a motor fuel metering device shall be inspected, tested, and calibrated for correctness by a license holder under Subchapter D of this chapter or Subchapter I, Chapter 13, Agriculture Code, at least once every two years if the device is:
(1)  kept for sale, sold, or used by a proprietor, agent, lessee, or employee in proving the measure of motor fuel; or
(2)  purchased, offered, or submitted by a proprietor, agent, lessee, or employee for sale, hire, or award.
(b)  Inspection, testing, and calibration under this section must be performed by a license holder under Subchapter D of this chapter or Subchapter I, Chapter 13, Agriculture Code, under contract with the operator or user of the motor fuel metering device.
Sec. 2310.103 [13.1016].  REQUIRED REGISTRATION OF MOTOR FUEL METERING DEVICES. (a) Unless a motor fuel metering device is exempt from the application of this section by commission [department] rule, a person who owns or operates a motor fuel metering device shall register the device with the department before using the device for a commercial transaction.
(b)  An application for a device registration must:
(1)  be submitted to the department on a form prescribed by the department;
(2)  be accompanied by any other document or form required by the department;
(3)  include any fees [the registration fee] required under Section 2310.108 [13.1151]; and
(4)  include documentation of compliance with Section 2310.102 [13.1015].
(c)  A registration under this section is valid for one or two years as [year unless a different period is] established by commission [department] rule. The registration must be renewed at or before the end of each registration period and the application for renewal must include documentation of compliance with Section 2310.102 [13.1015].
(d)  If a person fails to register or renew a registration as required by this section, the department may not issue a certificate to operate the motor fuel metering device. The department shall issue the certificate when the operator submits to the department the items required by Subsection (b).
(e)  The department may assess a late fee if the registration of one or more devices located on a premises is renewed after the end of the registration period because of a registration error, including one or more devices not properly registered, failure to register the correct type of device, or failure to timely register a previously registered device. The amount of the late fee [penalty] may not exceed $50 per device, with a maximum penalty amount of $500 per year for the premises.
SECTION 3.  Section 12.020(c), Agriculture Code, is amended to read as follows:
(c)  The provisions of law subject to this section and the applicable penalty amounts are as follows:
                     Provision
   Amount of Penalty


Chapters 13, 14A, [17,] 18, 19, 41, 46, 61, 72, 73, 74, 76, 94, 95, 101, 102, 103, 125, 132,
and 134
not more than $5,000
Subchapters A, B, and C, Chapter 71
not more than $5,000
Chapter 14
not more than $10,000
Chapter 1951, Occupations Code
not more than $5,000
Chapter 153, Natural Resources
Code
not more than $5,000
Section 91.009
not more than $5,000.
SECTION 4.  Section 13.001, Agriculture Code, is amended by adding Subsection (c) to read as follows:
(c)  In this chapter, "commodity" does not include motor fuel.
SECTION 5.  Section 13.024(b), Agriculture Code, is amended to read as follows:
(b)  Except as provided by Subsection [Subsections] (c) [and (d)], all other measures of capacity for liquids are derived from the gallon by continual division by two, making half gallons, quarts, pints, half pints, and gills.
SECTION 6.  Section 13.114, Agriculture Code, is amended to read as follows:
Sec. 13.114.  TOLERANCES. The department shall establish specifications and tolerances for commercial weighing or measuring devices used in this state. The specifications and tolerances shall be similar to those recommended by the National Institute of Standards and Technology[, except that the specifications and tolerances for motor fuel metering devices shall be the same as those recommended by the National Institute of Standards and Technology].
SECTION 7.  Section 162.009, Tax Code, is amended to read as follows:
Sec. 162.009.  AUTHORITY TO STOP AND EXAMINE. To enforce this chapter, the comptroller or a peace officer may stop a motor vehicle that appears to be operating with or transporting motor fuel to examine the shipping document, cargo manifest, or invoices required to be carried, examine a license or copy of a license that may be required to be carried, take samples from the fuel supply or cargo tanks, and make any other investigation that could reasonably be made to determine whether the taxes have been paid or accounted for by a license holder or a person required to be licensed. The comptroller, a peace officer, an employee of the attorney general's office, an employee of the Texas Commission on Environmental Quality, or an employee of the Texas Department of Licensing and Regulation [Agriculture] may take samples of motor fuel from a storage tank or container to:
(1)  determine if the fuel contains hazardous waste or is adulterated; or
(2)  allow the comptroller to determine whether taxes on the fuel have been paid or accounted for to this state.
SECTION 8.  Section 162.403, Tax Code, is amended to read as follows:
Sec. 162.403.  CRIMINAL OFFENSES. Except as provided by Section 162.404, a person commits an offense if the person:
(1)  refuses to stop and permit the inspection and examination of a motor vehicle transporting or using motor fuel on the demand of a peace officer or the comptroller;
(2)  is required to hold a valid trip permit or interstate trucker's license, but operates a motor vehicle in this state without a valid trip permit or interstate trucker's license;
(3)  transports gasoline or diesel fuel in any cargo tank that has a connection by pipe, tube, valve, or otherwise with the fuel injector or carburetor or with the fuel supply tank feeding the fuel injector or carburetor of the motor vehicle transporting the product;
(4)  sells or delivers gasoline or diesel fuel from a fuel supply tank that is connected with the fuel injector or carburetor of a motor vehicle;
(5)  owns or operates a motor vehicle for which reports or mileage records are required by this chapter without an operating odometer or other device in good working condition to record accurately the miles traveled;
(6)  sells or delivers dyed diesel fuel for the operation of a motor vehicle on a public highway;
(7)  uses dyed diesel fuel for the operation of a motor vehicle on a public highway except as allowed under Section 162.235;
(8)  refuses to permit the comptroller or the attorney general to inspect, examine, or audit a book or record required to be kept by a license holder, other user, or any person required to hold a license under this chapter;
(9)  refuses to permit the comptroller or the attorney general to inspect or examine any plant, equipment, materials, or premises where motor fuel is produced, processed, blended, stored, sold, delivered, or used;
(10)  refuses to permit the comptroller, the attorney general, an employee of either of those officials, a peace officer, an employee of the Texas Commission on Environmental Quality, or an employee of the Texas Department of Licensing and Regulation [Agriculture] to measure or gauge the contents of or take samples from a storage tank or container on premises where motor fuel is produced, processed, blended, stored, sold, delivered, or used;
(11)  is a license holder, a person required to be licensed, or another user and fails or refuses to make or deliver to the comptroller a report required by this chapter to be made and delivered to the comptroller;
(12)  is an importer who does not obtain an import verification number when required by this chapter;
(13)  purchases motor fuel for export, on which the tax imposed by this chapter has not been paid, and subsequently diverts or causes the motor fuel to be diverted to a destination in this state or any other state or country other than the originally designated state or country without first obtaining a diversion number;
(14)  conceals motor fuel with the intent of engaging in any conduct proscribed by this chapter or refuses to make sales of motor fuel on the volume-corrected basis prescribed by this chapter;
(15)  refuses, while transporting motor fuel, to stop the motor vehicle the person is operating when called on to do so by a person authorized to stop the motor vehicle;
(16)  refuses to surrender a motor vehicle and cargo for impoundment after being ordered to do so by a person authorized to impound the motor vehicle and cargo;
(17)  mutilates, destroys, or secretes a book or record required by this chapter to be kept by a license holder, other user, or person required to hold a license under this chapter;
(18)  is a license holder, other user, or other person required to hold a license under this chapter, or the agent or employee of one of those persons, and makes a false entry or fails to make an entry in the books and records required under this chapter to be made by the person or fails to retain a document as required by this chapter;
(19)  transports in any manner motor fuel under a false cargo manifest or shipping document, or transports in any manner motor fuel to a location without delivering at the same time a shipping document relating to that shipment;
(20)  engages in a motor fuel transaction that requires that the person have a license under this chapter without then and there holding the required license;
(21)  makes and delivers to the comptroller a report required under this chapter to be made and delivered to the comptroller, if the report contains false information;
(22)  forges, falsifies, or alters an invoice or shipping document prescribed by law;
(23)  makes any statement, knowing said statement to be false, in a claim for a tax refund filed with the comptroller;
(24)  furnishes to a licensed supplier or distributor a signed statement for purchasing diesel fuel tax-free and then uses the tax-free diesel fuel to operate a diesel-powered motor vehicle on a public highway;
(25)  holds an aviation fuel dealer's license and makes a taxable sale or use of any gasoline or diesel fuel;
(26)  fails to remit any tax funds collected or required to be collected by a license holder, another user, or any other person required to hold a license under this chapter;
(27)  makes a sale of dyed diesel fuel tax-free into a storage facility of a person who:
(A)  is not licensed as a distributor, as an aviation fuel dealer, or as a dyed diesel fuel bonded user; or
(B)  does not furnish to the licensed supplier or distributor a signed statement prescribed in Section 162.206;
(28)  makes a sale of gasoline tax-free to any person who is not licensed as an aviation fuel dealer;
(29)  purchases any motor fuel tax-free when not authorized to make a tax-free purchase under this chapter;
(30)  purchases motor fuel with the intent to evade any tax imposed by this chapter or accepts a delivery of motor fuel by any means and does not at the same time accept or receive a shipping document relating to the delivery;
(31)  transports motor fuel for which a cargo manifest or shipping document is required to be carried without possessing or exhibiting on demand by an officer authorized to make the demand a cargo manifest or shipping document containing the information required to be shown on the manifest or shipping document;
(32)  imports, sells, uses, blends, distributes, or stores motor fuel within this state on which the taxes imposed by this chapter are owed but have not been first paid to or reported by a license holder, another user, or any other person required to hold a license under this chapter;
(33)  blends products together to produce a blended fuel that is offered for sale, sold, or used and that expands the volume of the original product to evade paying applicable motor fuel taxes;
(34)  evades or attempts to evade in any manner a tax imposed on motor fuel by this chapter;
(35)  delivers compressed natural gas or liquefied natural gas into the fuel supply tank of a motor vehicle and the person does not hold a valid compressed natural gas and liquefied natural gas dealer's license; or
(36)  makes a tax-free delivery of compressed natural gas or liquefied natural gas into the fuel supply tank of a motor vehicle, unless the delivery is exempt from tax under Section 162.356.
SECTION 9.  The following provisions of the Agriculture Code are repealed:
(1)  Section 13.001(a)(1-a);
(2)  Section 13.024(d);
(3)  Section 13.029(b);
(4)  Section 13.101(e);
(5)  Section 13.1011(e);
(6)  Section 13.1017;
(7)  Section 13.1151(b); and
(8)  Chapter 17.
SECTION 10.  (a)  All rules, fees, policies, procedures, decisions, and forms of the commissioner of agriculture or the Department of Agriculture that relate to a program or activity transferred under this Act and that are in effect on the effective date of the transfer remain in effect until changed by the Texas Commission of Licensing and Regulation or Texas Department of Licensing and Regulation, as appropriate.
(b)  A license, permit, certificate of registration, notice, or other authorization issued by the Department of Agriculture for a program or activity transferred under this Act is continued in effect as a license, permit, certificate, notice, or other authorization of the Texas Department of Licensing and Regulation on and after the effective date of the transfer.
(c)  A complaint, investigation, contested case, or other proceeding before the commissioner of agriculture, the Department of Agriculture, or the State Office of Administrative Hearings relating to a program or activity transferred under this Act that is pending on the effective date of the transfer is transferred without change in status to the Texas Commission of Licensing and Regulation or Texas Department of Licensing and Regulation, as appropriate.
(d)  All money, contracts, leases, property, software source code and documentation, records, and obligations of the Department of Agriculture relating to a program or activity transferred under this Act are transferred to the Texas Department of Licensing and Regulation on the effective date of the transfer of the program or activity.
(e)  The unexpended and unobligated balance of any money appropriated by the legislature relating to a program or activity transferred under this Act is transferred to the Texas Department of Licensing and Regulation on the effective date of the transfer of the program or activity.
(f)  Unless the context indicates otherwise, on or after the effective date of the transfer a reference in law or administrative rule to the commissioner of agriculture or the Department of Agriculture with respect to a program or activity transferred under this Act means the Texas Commission of Licensing and Regulation or Texas Department of Licensing and Regulation, as appropriate.
SECTION 11.  (a)  As soon as practicable after the effective date of this Act, the Department of Agriculture and the Texas Department of Licensing and Regulation shall adopt a transition plan to provide for the orderly transfer of powers, duties, functions, programs, and activities under this Act. The transition plan must provide for the transfer to be completed not later than September 1, 2020.
(b)  The Department of Agriculture shall provide the Texas Department of Licensing and Regulation with access to any systems, facilities, or information necessary for the Texas Department of Licensing and Regulation to accept a program or activity transferred under this Act.
(c)  The Texas Department of Licensing and Regulation may establish and lead a stakeholder workgroup to provide input, advice, and recommendations to the Department of Agriculture and Texas Department of Licensing and Regulation on the orderly transfer of powers, duties, functions, programs, and activities under this Act. The Texas Department of Licensing and Regulation shall establish the size, composition, and scope of the stakeholder workgroup.
(d)  On the date specified in the transition plan required under Subsection (a) of this section for the transfer of a program or activity transferred by this Act to the Texas Department of Licensing and Regulation, all full-time equivalent employee positions at the Department of Agriculture that directly and indirectly concern the administration or enforcement of the program or activity being transferred become positions at the Texas Department of Licensing and Regulation. The Texas Department of Licensing and Regulation shall post the positions for hiring and, when filling the positions, shall give consideration to, but is not required to hire, an applicant who, immediately before the date of the transfer, was an employee at the Department of Agriculture involved in administering or enforcing the transferred program or activity.
(e)  Subsection (c) of this section and this subsection expire October 1, 2020.
SECTION 12.  (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2020.
(b)  Sections 10 and 11 of this Act take effect September 1, 2019.

Floor Amendment No. 1

Amend CSSB 2119 as follows:
(1)  Add the following appropriately numbered SECTION to the bill and renumber the SECTIONS of the bill as appropriate:
SECTION ____.  Sections 17.001, 17.0515, 17.052, 17.053, 17.054, 17.055, 17.152, 17.153, and 17.154, Agriculture Code, are transferred to Subchapter E, Chapter 2310, Occupations Code, as added by this Act, redesignated as Sections 2310.2001, 2310.2011, 2310.2012, 2310.2013, 2310.2014, 2310.2015, 2310.207, 2310.208, and 2310.209, Occupations Code, and amended to read as follows:
Sec. 2310.2001  [17.001]. DEFINITIONS. In this subchapter [chapter]:
(1)  "Automotive fuel rating" has the meaning assigned by 15 U.S.C. Section 2821.
(2)  "Dealer" means a person who:
(A)  is the operator of a service station or other retail outlet; and
(B)  delivers motor fuel into the fuel tanks of motor vehicles or motor boats.
(3)  "Distributor" has the meaning assigned by Section 162.001, Tax Code.
(4)  "Jobber" means a person who purchases tax-paid gasoline for resale or distribution at wholesale.
(5)  "Motor fuel" has the meaning assigned by Section 162.001, Tax Code.
(6)  "Supplier" has the meaning assigned by Section 162.001, Tax Code.
(7)  "Wholesaler" means a person who purchases tax-paid gasoline for resale or distribution at wholesale.
Sec. 2310.2011  [17.0515]. NOTICE OF MOTOR FUEL TAX RATES. (a) The department shall display on each motor fuel pump from which motor fuel is sold at retail a notice of the current rates of the federal and state motor fuel taxes. The notice must:
(1)  display the current rate of each tax, in cents per gallon, for each type of motor fuel;
(2)  be displayed on each face of the motor fuel pump on which the price of the motor fuel sold from the pump is displayed; and
(3)  be displayed in a clear, conspicuous, and prominent manner.
(b)  The department shall include the notice required under Subsection (a) with any other notice displayed or required by commission [department] rule to be displayed [, including a "Fuel Feedback?" sticker].
Sec. 2310.2012  [17.052]. DOCUMENTATION OF MOTOR FUEL MIXTURE SALES. (a) Except as provided by Subsection (b), a distributor, supplier, wholesaler, or jobber of motor fuel may not deliver to an outlet in this state a motor fuel mixture that contains ethanol or methanol exceeding one percent by volume of the mixture unless, at the time of the delivery of the mixture, the person also delivers to the outlet receiving the delivery a manifest, bill of sale, bill of lading, or other document evidencing delivery of the mixture, that includes a statement containing:
(1)  the percentage of ethanol or methanol contained in the mixture; and
(2)  the types and percentages of any associated cosolvents contained in the mixture.
(b)  Subsection (a) does not apply to a delivery made into the fuel supply tanks of a motor vehicle.
(c)  The commission [commissioner] by rule may prescribe the form of the statement required by Subsection (a).
Sec. 2310.2013  [17.053]. RECORD OF DELIVERY DOCUMENTS; INSPECTION AUTHORIZED. (a) Each dealer shall keep a copy of each document required to be delivered to the dealer by Section 2310.2012 [17.052] until the fourth anniversary of the delivery date.
(b)  Each distributor, supplier, wholesaler, and jobber of motor fuel shall keep a copy of each document required to be delivered to the dealer by Section 2310.2012 [17.052] until the fourth anniversary of the delivery date.
(c)  The department [commissioner] or an authorized representative of the department [commissioner] may inspect documents described by this section. On written notice issued [presented] by the department [commissioner] or an authorized representative of the department [commissioner] to any employee at a dealer's station or retail outlet or mailed to the principal place of business of a dealer, distributor, supplier, wholesaler, or jobber, the dealer, distributor, supplier, wholesaler, or jobber shall provide the department [commissioner] or authorized representative of the department [commissioner] with the documents described by this section within the period specified in the notice.
(d)  The commission [commissioner] by rule may:
(1)  require each dealer, distributor, supplier, wholesaler, and jobber to maintain and make available to the department:
(A)  invoices, receipts, or other transmittal documents or records, including electronically stored information, showing or describing the purchase, sale, delivery, or distribution of motor fuel;
(B)  invoices, receipts, work orders, reports, or other documents, including electronically stored information, showing or describing the installation, maintenance, or repair of:
(i)  motor fuel dispensing devices; and
(ii)  any equipment used in connection with motor fuel dispensing devices to record, display, or produce receipts or audit trails concerning the purchase, sale, delivery, or distribution of motor fuel; and
(C)  any record or other document related to the sampling and testing of motor fuel purchased, sold, delivered, or distributed by the dealer, distributor, supplier, wholesaler, or jobber; and
(2)  prescribe:
(A)  the manner of filing documents or records required to be kept under this section or by commission [department] rule; and
(B)  the time, place, and manner of inspection of the documents or records.
Sec. 2310.2014  [17.054]. DOCUMENTS RELATING TO POSTING OR CERTIFICATION OF AUTOMOTIVE FUEL RATINGS. (a) Each dealer shall keep for at least one year a copy of:
(1)  each delivery ticket or letter of certification on which the dealer based a posting of the automotive fuel rating of motor fuel contained in a motor fuel pump;
(2)  each delivery ticket or letter of certification that is required to be delivered to the dealer under 16 C.F.R. Part 306; and
(3)  records of any automotive fuel rating determination made by the dealer under 16 C.F.R. Part 306.
(b)  Each distributor or supplier shall keep for at least one year at the distributor's or supplier's principal place of business a copy of each delivery ticket or letter of certification required to be delivered by the distributor or supplier to a dealer in this state under 16 C.F.R. Part 306.
(c)  The department [commissioner] or an authorized representative of the department [commissioner] may inspect a document required to be kept under this section. On written notice issued [presented] by the department [commissioner] or an authorized representative of the department [commissioner] to any employee at a dealer's station or retail outlet or mailed to the dealer's principal place of business, the dealer shall provide the department [commissioner] or authorized representative of the department [commissioner] with the documents described by this section within the period specified in the notice.
(d)  The commission [commissioner] by rule may:
(1)  require each dealer to maintain and make available to the department:
(A)  invoices, receipts, or other transmittal documents or records, including electronically stored information, showing or describing the purchase, sale, delivery, or distribution of motor fuel;
(B)  invoices, receipts, work orders, reports, or other documents, including electronically stored information, showing or describing the installation, maintenance, or repair of:
(i)  motor fuel dispensing devices; and
(ii)  any equipment used in connection with motor fuel dispensing devices to record, display, or produce receipts or audit trails concerning the purchase, sale, delivery, or distribution of motor fuel; and
(C)  any record or other document related to the sampling and testing of motor fuel purchased, sold, delivered, or distributed by the dealer; and
(2)  prescribe:
(A)  the manner of filing documents or records required to be kept under this section or by commission [department] rule; and
(B)  the time, place, and manner of inspection of the documents or records.
Sec. 2310.2015  [17.055]. SALE OF MOTOR FUEL WITH INACCURATE AUTOMOTIVE FUEL RATING. (a) A dealer may not sell or offer for sale from a motor fuel pump motor fuel that has an automotive fuel rating lower than the rating for that motor fuel posted on the pump.
(b)  A distributor or supplier of motor fuel may not deliver or transfer to a dealer in this state motor fuel that has an automotive fuel rating lower than the certification of the rating the distributor or supplier is required to make to the dealer under federal law.
Sec. 2310.207  [17.152]. CIVIL ACTION. (a) If a dealer or a distributor, supplier, wholesaler, or jobber of motor fuel violates Section 2310.201, 2310.2012, 2310.2013, 2310.2014, or 2310.2015 [17.051, 17.052, 17.053, 17.054, or 17.055], a motor fuel user who purchased the motor fuel and sustained damages or who has a complaint about the product may bring an action against the dealer, distributor, supplier, wholesaler, or jobber.
(b)  The action may be brought, without regard to the specific amount of damages, in the district court in any county in which:
(1)  the dealer, distributor, supplier, wholesaler, or jobber transacts business; or
(2)  the dealer resides.
(c)  The court shall award to a motor fuel user who prevails in an action under this section:
(1)  the amount of actual damages;
(2)  equitable relief as determined by the court to be necessary to remedy the effects of the violation, including a declaratory judgment, permanent injunctive relief, and temporary injunctive relief; and
(3)  court costs and attorney's fees that are reasonable in relation to the amount of work expended.
(d)  In addition to the remedies provided under Subsection (c), on finding that the defendant wilfully or knowingly violated Section 2310.201, 2310.2012, or 2310.2013 [17.051, 17.052, or 17.053], the trier of fact shall award not more than three times the amount of actual damages.
(e)  A violation of Section 2310.201, 2310.2012, 2310.2013, 2310.2014, or 2310.2015 [17.051, 17.052, 17.053, 17.054, or 17.055] also constitutes a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code.
(f)  An action alleging a violation of Section 2310.201, 2310.2012, 2310.2013, 2310.2014, or 2310.2015 [17.051, 17.052, 17.053, 17.054, or 17.055] must be commenced and prosecuted not later than the second anniversary of the date on which the cause of action accrues.
Sec. 2310.208  [17.153]. CIVIL PENALTY. A dealer, distributor, supplier, wholesaler, or jobber who violates Section 2310.201, 2310.2012, 2310.2013, 2310.2014, or 2310.2015 [17.051, 17.052, 17.053, 17.054, or 17.055] is liable to this state for a civil penalty of not less than $200 and not more than $10,000.
Sec. 2310.209  [17.154]. CRIMINAL OFFENSES. (a) A person commits an offense if the person knowingly violates Section 2310.201, 2310.2012, 2310.2013, 2310.2014, or 2310.2015 [17.051, 17.052, 17.053, 17.054, or 17.055] or a rule adopted by the commission [commissioner] to enforce or implement those sections.
(b)  A person commits an offense if the person knowingly:
(1)  refuses to permit an authorized [a] person [authorized by Section 17.102] to test any motor fuel sold or held for sale in this state;
(2)  refuses to permit inspection of any document required to be kept or delivered by this subchapter [chapter] on request of a person authorized to inspect the documents under Section 2310.2013 or 2310.2014 [17.053 or 17.054]; or
(3)  mutilates, destroys, secretes, forges, or falsifies any document, record, report, or sign required to be delivered, kept, filed, or posted by this subchapter [chapter] or any rule adopted by the commission [commissioner] to enforce this subchapter [chapter].
(c)  An offense under Subsection (a) is a Class C misdemeanor.
(d)  An offense under Subsection (b) is a Class B misdemeanor.
(e)  The department or executive director [commissioner or the authorized representative of the commissioner] may request the appropriate prosecuting attorney to prosecute a violation of this chapter.
(2)  On page 32, line 16, strike "and".
(3)  On page 32, strike line 17 and substitute the following:
(8)  the heading to Chapter 17;
(9)  the heading to Subchapter A, Chapter 17;
(10)  the heading to Subchapter B, Chapter 17;
(11)  Section 17.051;
(12)  Subchapter B-1, Chapter 17;
(13)  Subchapter C, Chapter 17;
(14)  the heading to Subchapter D, Chapter 17;
(15)  Section 17.151;
(16)  Section 17.155; and
(17)  Section 17.156.

Floor Amendment No. 2

Amend CSSB 2119 (house committee report) as follows:
(1)  On page 32, line 24, following the period, insert "The Department of Agriculture may not, on or after the effective date of this Act, change a rule, fee, policy, procedure, decision, or form that relates to a program or activity transferred under this Act."
(2)  On page 33, line 11, following the period, insert "The Department of Agriculture may not, on or after the effective date of this Act, take any action on a complaint, investigation, contested case, or other proceeding relating to a program or activity transferred under this Act without the approval of the executive director of the Texas Department of Licensing and Regulation or a person designated by the executive director of that department."

Floor Amendment No. 1 on Third Reading

Amend SB 2119 on third reading, in the SECTION of the bill providing effective dates for the Act (SECTION 12(b) of the house committee report version of the bill), by striking "September 1, 2019" and substituting "immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for those sections of this Act to have immediate effect, those sections take effect September 1, 2019".

The amendments were read.

Senator Alvarado moved to concur in the House amendments to SB 2119.

The motion prevailed by the following vote:  Yeas 27, Nays 4.

Yeas:  Alvarado, Bettencourt, Birdwell, Buckingham, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Menéndez, Miles, Nelson, Nichols, Powell, Rodríguez, Schwertner, Seliger, Taylor, Watson, West, Whitmire, Zaffirini.

Nays:  Fallon, Lucio, Paxton, Perry.

GUESTS PRESENTED

Senator Perry, joined by Senators Hinojosa, Kolkhorst, Buckingham, Zaffirini, Miles, Menéndez, and Nichols, was recognized and introduced to the Senate Representative Tom Craddick and his wife, Nadine, accompanied by their grandchildren, Catherine Craddick and Tripp Craddick, and congratulated them on 50 years of marriage.

The Senate welcomed its guests.

SENATE BILL 2315 WITH HOUSE AMENDMENT

Senator Hinojosa called SB 2315 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Amendment

Amend SB 2315 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the creation and operations of a health care provider participation program by the Nueces County Hospital District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subtitle D, Title 4, Health and Safety Code, is amended by adding Chapter 298C to read as follows:
CHAPTER 298C. NUECES COUNTY HOSPITAL DISTRICT HEALTH CARE PROVIDER PARTICIPATION PROGRAM
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 298C.001.  DEFINITIONS. In this chapter:
(1)  "Board" means the board of hospital managers of the district.
(2)  "District" means the Nueces County Hospital District.
(3)  "Institutional health care provider" means a hospital that is not owned and operated by a federal or state government and provides inpatient hospital services.
(4)  "Paying provider" means an institutional health care provider required to make a mandatory payment under this chapter.
(5)  "Program" means the health care provider participation program authorized by this chapter.
Sec. 298C.002.  APPLICABILITY. This chapter applies only to the Nueces County Hospital District.
Sec. 298C.003.  HEALTH CARE PROVIDER PARTICIPATION PROGRAM; PARTICIPATION IN PROGRAM. The board may authorize the district to participate in a health care provider participation program on the affirmative vote of a majority of the board, subject to the provisions of this chapter.
Sec. 298C.004.  EXPIRATION. (a) Subject to Section 298C.153(d), the authority of the district to administer and operate a program under this chapter expires December 31, 2021.
(b)  This chapter expires December 31, 2021.
SUBCHAPTER B. POWERS AND DUTIES OF BOARD
Sec. 298C.051.  LIMITATION ON AUTHORITY TO REQUIRE MANDATORY PAYMENT. The board may require a mandatory payment authorized under this chapter by an institutional health care provider located in the district only in the manner provided by this chapter.
Sec. 298C.052.  RULES AND PROCEDURES. The board may adopt rules relating to the administration of the program, including collection of the mandatory payments, expenditures, audits, and any other administrative aspects of the program.
Sec. 298C.053.  INSTITUTIONAL HEALTH CARE PROVIDER REPORTING. If the board authorizes the district to participate in a program under this chapter, the board shall require each institutional health care provider located in the district to submit to the district a copy of any financial and utilization data required by and reported to the Department of State Health Services under Sections 311.032 and 311.033 and any rules adopted by the executive commissioner of the Health and Human Services Commission to implement those sections.
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
Sec. 298C.101.  HEARING. (a) In each fiscal year that the board authorizes a program under this chapter, the board shall hold a public hearing on the amounts of any mandatory payments that the board intends to require during the year and how the revenue derived from those payments is to be spent.
(b)  Not later than the fifth day before the date of the hearing required under Subsection (a), the board shall publish notice of the hearing in a newspaper of general circulation in the district and provide written notice of the hearing to each institutional health care provider located in the district.
Sec. 298C.102.  DEPOSITORY. (a) If the board requires a mandatory payment authorized under this chapter, the board shall designate one or more banks as a depository for the district's local provider participation fund.
(b)  All funds collected under this chapter shall be secured in the manner provided for securing other district funds.
Sec. 298C.103.  LOCAL PROVIDER PARTICIPATION FUND; AUTHORIZED USES OF MONEY. (a)  If the district requires a mandatory payment authorized under this chapter, the district shall create a local provider participation fund.
(b)  The local provider participation fund consists of:
(1)  all revenue received by the district attributable to mandatory payments authorized under this chapter;
(2)  money received from the Health and Human Services Commission as a refund of an intergovernmental transfer under the program, provided that the intergovernmental transfer does not receive a federal matching payment; and
(3)  the earnings of the fund.
(c)  Money deposited to the local provider participation fund of the district may be used only to:
(1)  fund intergovernmental transfers from the district to the state to provide the nonfederal share of Medicaid payments for:
(A)  uncompensated care payments to hospitals in the Medicaid managed care service area in which the district is located, if those payments are authorized under the Texas Healthcare Transformation and Quality Improvement Program waiver issued under Section 1115 of the federal Social Security Act (42 U.S.C. Section 1315);
(B)  delivery system reform incentive payments, if those payments are authorized under the Texas Healthcare Transformation and Quality Improvement Program waiver issued under Section 1115 of the federal Social Security Act (42 U.S.C. Section 1315);
(C)  uniform rate enhancements for hospitals in the Medicaid managed care service area in which the district is located;
(D)  payments available under another waiver program authorizing payments that are substantially similar to Medicaid payments to hospitals described by Paragraph (A), (B), or (C); or
(E)  any reimbursement to hospitals for which federal matching funds are available;
(2)  subject to Section 298C.151(d), pay the administrative expenses of the district in administering the program, including collateralization of deposits;
(3)  refund a mandatory payment collected in error from a paying provider;
(4)  refund to paying providers a proportionate share of the money that the district:
(A)  receives from the Health and Human Services Commission that is not used to fund the nonfederal share of Medicaid supplemental payment program payments or uniform rate enhancements described by Subdivision (1)(C); or
(B)  determines cannot be used to fund the nonfederal share of Medicaid supplemental payment program payments or uniform rate enhancements described by Subdivision (1)(C);
(5)  transfer funds to the Health and Human Services Commission if the district is legally required to transfer the funds to address a disallowance of federal matching funds with respect to programs for which the district made intergovernmental transfers described by Subdivision (1); and
(6)  reimburse the district if the district is required by the rules governing the uniform rate enhancement program described by Subdivision (1)(C) to incur an expense or forego Medicaid reimbursements from the state because the balance of the local provider participation fund is not sufficient to fund that rate enhancement program.
(d)  Money in the local provider participation fund may not be commingled with other district funds.
(e)  Notwithstanding any other provision of this chapter, with respect to an intergovernmental transfer of funds described by Subsection (c)(1) made by the district, any funds received by the state, district, or other entity as a result of that transfer may not be used by the state, district, or any other entity to expand Medicaid eligibility under the Patient Protection and Affordable Care Act (Pub. L. No. 111-148) as amended by the Health Care and Education Reconciliation Act of 2010 (Pub. L. No. 111-152).
SUBCHAPTER D. MANDATORY PAYMENTS
Sec. 298C.151.  MANDATORY PAYMENTS BASED ON PAYING PROVIDER NET PATIENT REVENUE. (a) Except as provided by Subsection (e), if the board authorizes a health care provider participation program under this chapter, the board may require a mandatory payment to be assessed, either annually or periodically throughout the fiscal year at the discretion of the board, on the net patient revenue of each institutional health care provider located in the district. The board shall provide an institutional health care provider written notice of each assessment under this subsection, and the provider has 30 calendar days following the date of receipt of the notice to pay the assessment. In the first fiscal year in which the mandatory payment is required, the mandatory payment is assessed on the net patient revenue of an institutional health care provider as determined by the data reported to the Department of State Health Services under Sections 311.032 and 311.033 in the most recent fiscal year for which that data was reported. If the institutional health care provider did not report any data under those sections, the provider's net patient revenue is the amount of that revenue as contained in the provider's Medicare cost report submitted for the previous fiscal year or for the closest subsequent fiscal year for which the provider submitted the Medicare cost report. If the mandatory payment is required, the district shall update the amount of the mandatory payment on an annual basis.
(b)  The amount of a mandatory payment assessed under this chapter by the board must be uniformly proportionate with the amount of net patient revenue generated by each paying provider in the district as permitted under federal law. A health care provider participation program authorized under this chapter may not hold harmless any institutional health care provider, as required under 42 U.S.C. Section 1396b(w).
(c)  If the board requires a mandatory payment authorized under this chapter, the board shall set the amount of the mandatory payment, subject to the limitations of this chapter. The aggregate amount of the mandatory payments required of all paying providers in the district may not exceed six percent of the aggregate net patient revenue from hospital services provided by all paying providers in the district.
(d)  Subject to Subsection (c), if the board requires a mandatory payment authorized under this chapter, the board shall set the mandatory payments in amounts that in the aggregate will generate sufficient revenue to cover the administrative expenses of the district for activities under this chapter and to fund an intergovernmental transfer described by Section 298C.103(c)(1). The annual amount of revenue from mandatory payments that shall be paid for administrative expenses by the district is $150,000, plus the cost of collateralization of deposits, regardless of actual expenses.
(e)  A paying provider may not add a mandatory payment required under this section as a surcharge to a patient.
(f)  A mandatory payment assessed under this chapter is not a tax for hospital purposes for purposes of Section 4, Article IX, Texas Constitution, or Section 281.045 of this code.
Sec. 298C.152.  ASSESSMENT AND COLLECTION OF MANDATORY PAYMENTS. (a) The district may designate an official of the district or contract with another person to assess and collect the mandatory payments authorized under this chapter.
(b)  The person charged by the district with the assessment and collection of mandatory payments shall charge and deduct from the mandatory payments collected for the district a collection fee in an amount not to exceed the person's usual and customary charges for like services.
(c)  If the person charged with the assessment and collection of mandatory payments is an official of the district, any revenue from a collection fee charged under Subsection (b) shall be deposited in the district general fund and, if appropriate, shall be reported as fees of the district.
Sec. 298C.153.  PURPOSE; CORRECTION OF INVALID PROVISION OR PROCEDURE; LIMITATION OF AUTHORITY. (a) The purpose of this chapter is to authorize the district to establish a program to enable the district to collect mandatory payments from institutional health care providers to fund the nonfederal share of a Medicaid supplemental payment program or the Medicaid managed care rate enhancements for hospitals to support the provision of health care by institutional health care providers located in the district.
(b)  This chapter does not authorize the district to collect mandatory payments for the purpose of raising general revenue or any amount in excess of the amount reasonably necessary to fund the nonfederal share of a Medicaid supplemental payment program or Medicaid managed care rate enhancements for hospitals and to cover the administrative expenses of the district associated with activities under this chapter.
(c)  To the extent any provision or procedure under this chapter causes a mandatory payment authorized under this chapter to be ineligible for federal matching funds, the board may provide by rule for an alternative provision or procedure that conforms to the requirements of the federal Centers for Medicare and Medicaid Services. A rule adopted under this section may not create, impose, or materially expand the legal or financial liability or responsibility of the district or an institutional health care provider in the district beyond the provisions of this chapter. This section does not require the board to adopt a rule.
(d)  The district may only assess and collect a mandatory payment authorized under this chapter if a waiver program, uniform rate enhancement, or reimbursement described by Section 298C.103(c)(1) is available to at least one institutional health care provider located in the district.
SECTION 2.  As soon as practicable after the expiration of the authority of the Nueces County Hospital District to administer and operate a health care provider participation program under Chapter 298C, Health and Safety Code, as added by this Act, the board of hospital managers of the Nueces County Hospital District shall transfer to each institutional health care provider in the district that provider's proportionate share of any remaining funds in any local provider participation fund created by the district under Section 298C.103, Health and Safety Code, as added by this Act.
SECTION 3.  If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.
SECTION 4.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2019.

The amendment was read.

Senator Hinojosa moved to concur in the House amendment to SB 2315.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

ACKNOWLEDGMENT

The Presiding Officer acknowledged the presence of Railroad Commissioner Christi Craddick.

The Senate welcomed its guest.

SENATE BILL 1827 WITH HOUSE AMENDMENT

Senator Menéndez called SB 1827 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Amendment

Amend SB 1827 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the possession and emergency administration of an epinephrine auto-injector by law enforcement agencies and peace officers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Chapter 1701, Occupations Code, is amended by adding Subchapter O to read as follows:
SUBCHAPTER O. EMERGENCY ADMINISTRATION OF EPINEPHRINE
Sec. 1701.701.  DEFINITIONS. In this subchapter:
(1)  "Anaphylaxis" means a sudden, severe, and potentially life-threatening allergic reaction that occurs when a person is exposed to an allergen.
(2)  "Epinephrine auto-injector" means a disposable medical drug delivery device that contains a premeasured single dose of epinephrine intended for use to treat anaphylaxis.
(3)  "Physician" means a person who holds a license to practice medicine in this state.
Sec. 1701.702.  ADMINISTRATION OF EPINEPHRINE. (a) A law enforcement agency may acquire and possess epinephrine auto-injectors and a peace officer may possess and administer an epinephrine auto-injector in accordance with this subchapter.
(b)  A peace officer may possess and administer an epinephrine auto-injector only if the peace officer has successfully completed training in the use of the device in a course approved by the commission.
(c)  The commission, in consultation with the Department of State Health Services, shall approve a training course on the administration of an epinephrine auto-injector.
Sec. 1701.703.  PRESCRIPTION OF EPINEPHRINE. (a) A physician, or a person who has been delegated prescriptive authority under Chapter 157, Occupations Code, may prescribe epinephrine auto-injectors in the name of a law enforcement agency.
(b)  A physician or other person who prescribes epinephrine auto-injectors under Subsection (a) shall provide the law enforcement agency with a standing order for the administration of an epinephrine auto-injector to a person reasonably believed to be experiencing anaphylaxis.
(c)  A standing order under Subsection (b) is not required to be patient-specific. An epinephrine auto-injector may be administered under this subchapter to a person without a previously established physician-patient relationship.
(d)  Notwithstanding any other law, supervision or delegation by a physician is considered adequate if the physician:
(1)  periodically reviews the order; and
(2)  is available through direct telecommunication as needed for consultation, assistance, and direction.
(e)  An order issued under this section must contain:
(1)  the name and signature of the prescribing physician or other person;
(2)  the name of the law enforcement agency to which the order is issued;
(3)  the quantity of epinephrine auto-injectors to be obtained and maintained under the order; and
(4)  the date the order was issued.
(f)  A pharmacist may dispense an epinephrine auto-injector to a law enforcement agency without requiring the name of or any other identifying information relating to the user.
Sec. 1701.704.  MAINTENANCE AND ADMINISTRATION OF EPINEPHRINE AUTO-INJECTORS. A law enforcement agency that acquires and possesses epinephrine auto-injectors under this subchapter shall adopt and implement a policy regarding the maintenance, administration, and disposal of the epinephrine auto-injectors. The policy must:
(1)  establish a process for the agency to check the inventory of epinephrine auto-injectors at regular intervals for expiration and replacement; and
(2)  require that the epinephrine auto-injectors be stored in a secure location.
Sec. 1701.705.  NOTIFICATION OF ADMINISTRATION OF EPINEPHRINE AUTO-INJECTOR. After an officer administers an epinephrine auto-injector under this subchapter, the law enforcement agency shall notify the physician or other person who prescribed the epinephrine auto-injector of:
(1)  the age of the person to whom the epinephrine auto-injector was administered; and
(2)  the number of epinephrine auto-injector doses administered to the person.
Sec. 1701.706.  GIFTS, GRANTS, AND DONATIONS.  A law enforcement agency may accept gifts, grants, donations, and federal and local money to implement this subchapter.
Sec. 1701.707.  NOT PRACTICE OF HEALTH CARE. The administration by a peace officer of an epinephrine auto-injector to a person in accordance with the requirements of this subchapter or commission rules does not constitute the unlawful practice of any health care profession.
Sec. 1701.708.  IMMUNITY FROM LIABILITY. (a) A person who in good faith takes, or fails to take, action relating to the prescription of an epinephrine auto-injector to a law enforcement agency or the administration of an epinephrine auto-injector by a peace officer is immune from civil or criminal liability or disciplinary action resulting from that action or failure to act, including:
(1)  issuing an order for epinephrine auto-injectors;
(2)  supervising or delegating the administration of an epinephrine auto-injector;
(3)  possessing, maintaining, storing, or disposing of an epinephrine auto-injector;
(4)  prescribing an epinephrine auto-injector;
(5)  dispensing an epinephrine auto-injector;
(6)  administering, or assisting in administering, an epinephrine auto-injector;
(7)  providing, or assisting in providing, training, consultation, or advice in the development, adoption, or implementation of policies, guidelines, rules, or plans; or
(8)  undertaking any other act permitted or required under this subchapter.
(b)  The immunities and protections provided by this subchapter are in addition to other immunities or limitations of liability provided by law.
(c)  Notwithstanding any other law, this subchapter does not create a civil, criminal, or administrative cause of action or liability or create a standard of care, obligation, or duty that provides a basis for a cause of action for an act or omission under this subchapter.
(d)  An act or omission described by this subchapter does not create a cause of action.
Sec. 1701.709.  GOVERNMENTAL IMMUNITY NOT WAIVED. This subchapter does not waive governmental immunity from suit or liability.
SECTION 2.  As soon as practicable after the effective date of this Act, the Texas Commission on Law Enforcement shall approve a training course consistent with Section 1701.702, Occupations Code, as added by this Act.
SECTION 3.  This Act takes effect September 1, 2019.

The amendment was read.

Senator Menéndez moved to concur in the House amendment to SB 1827.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 810 WITH HOUSE AMENDMENT

Senator Perry called SB 810 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Amendment

Amend SB 810 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the identification of breeder deer.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 43.3561, Parks and Wildlife Code, is amended to read as follows:
Sec. 43.3561.  IDENTIFICATION OF BREEDER DEER. (a) In this section:
(1)  "Button back" means the portion of an identification tag used to secure the tag to the breeder deer.
(2)  "Electronic identification device" means a button tag or implant that uses radio frequency identification technology.
(3)  "Identification tag" means a tag attached to the ear of a breeder deer for the purposes of identification that meets the requirements of this section.
(4)  "Unique identifier" means five alphanumeric characters assigned by the department to uniquely identify a breeder deer.
(b)  Not later than March 31 of the year following the year in which a [the] breeder deer is born, the [a] breeder deer [held in a permitted deer breeding facility] must be identified by:
(1)  attaching an [placing on each breeder deer possessed by the deer breeder a single, reasonably visible, durable] identification tag to the pinna of either ear of the breeder deer in a manner so that the face of the tag is clearly visible on the anterior side of the ear; and
(2)  applying a single electronic identification device [bearing an alphanumeric number of not more than four characters assigned by the department to the breeding facility in which the breeder deer was born and unique to that breeder deer].
(c)  Except for a replacement identification tag described by Subsection (h), an identification tag applied under Subsection (b):
(1)  must:
(A)  be commercially manufactured;
(B)  bear on the face and button back the unique identifier for the breeder deer to which it is attached in text placed by the manufacturer with characters on the face not less than 5/16 inch wide and 1/2 inch tall and spaced not less than 1/16 inch apart;
(C)  be securely affixed so as not to be dislodged or removed easily;
(D)  be made of a material that is not likely to disintegrate or decompose; and
(E)  have sufficient contrast between the color of the text and the color of the tag to make the text characters clearly visible; and
(2)  may bear additional information, provided that a dividing line placed by the manufacturer below the unique identifier separates the unique identifier from the additional information.
(d)  The text of the unique identifier may be larger than the dimensions described by Subsection (c)(1)(B) but must maintain the same proportion of height and width.
(e)  A breeder deer born before January 1, 2022, may be identified as described by Subsection (c) or (h). A breeder deer born on or after January 1, 2022, must be identified first as described by Subsection (c) before the breeder deer may be identified as described by Subsection (h).
(f)  An electronic identification device applied under Subsection (b)(2) must be approved by the United States Department of Agriculture and have an associated 15-digit animal identification number that begins with 840. If the electronic identification device is a button tag, the button tag must be attached to the pinna of either ear of the breeder deer. If the electronic identification device is an implant, the implant may not be implanted in edible muscle. No person may remove an electronic identification device.
(g)  The department shall create and maintain a database containing electronic identification device numbers entered by deer breeders. An electronic identification device applied under Subsection (b)(2) is valid for purposes of Subsection (b) only if the number associated with the device has been entered into the department database and corresponds with the unique identifier assigned to the breeder deer to or in which the device is attached or implanted. In making a determination to destroy a deer under Section 43.953, the department shall consider an electronic identification device that meets the requirements of this section as evidence of positive identification for a breeder deer that cannot be identified by either the identification tag or tattoo required by Subsection (b) or (j), provided that the deer breeder entered the electronic identification device number into the database before the identity of the breeder deer was in question as determined by the department.
(h)  A deer breeder immediately shall replace an identification tag that has been dislodged, damaged, or removed by means other than human agency to the extent that the identification tag does not meet the requirements of Subsections (b) and (c) with another identification tag that meets the requirements of Subsections (b) and (c), except that a deer breeder may create and attach a replacement identification tag. A replacement identification tag must:
(1)  be clearly visible;
(2)  have legible text written with a tag pen manufactured for use with the tag; and
(3)  meet the requirements of Subsections (b)(1) and (c), except for the requirement that the text be placed on the tag by the manufacturer.
(i)  A deer breeder is not required to remove the tag for any purpose but may remove the tag and replace the tag immediately to meet the requirements of this section.
(j) [(b)]  A person may not remove or knowingly permit the removal of a breeder deer held in a facility by a permittee under this subchapter unless the breeder deer has been identified by applying a tattoo to the inner portion of either ear of the deer that:
(1)  is made with commercially available #300 or 5/16 inch tattoo letters and numbers;
(2)  is legible, permanent, and green or black; and
(3)  bears the same unique identifier printed on the identification tag attached to the deer under Subsection (c) [permanently and legibly tattooed in one ear with the unique identification number assigned to the breeder in lawful possession of the breeder deer and specific to the breeding facility in which the breeder deer was born or initially introduced if from an out-of-state source].
(k) [(c)]  A person may not knowingly accept or permit the acceptance of a breeder deer into a facility regulated under this subchapter unless the breeder deer has been identified as required by this section [permanently and legibly tattooed in one ear with the unique identification number assigned to the breeder in lawful possession of the breeder deer and specific to the facility in which the breeder deer was born or initially introduced if from an out-of-state source].
SECTION 2.  Section 43.351(5), Parks and Wildlife Code, is repealed.
SECTION 3.  The changes in law made by this Act to Section 43.3561, Parks and Wildlife Code, apply only to a breeder deer born on or after January 1, 2020. A breeder deer born before January 1, 2020, is governed by the law in effect at the time the breeder deer was born, and the former law is continued in effect for that purpose.
SECTION 4.  This Act takes effect September 1, 2019.

The amendment was read.

Senator Perry moved to concur in the House amendment to SB 810.

The motion prevailed by the following vote:  Yeas 30, Nays 1.

Nays:  Whitmire.

SENATE BILL 708 WITH HOUSE AMENDMENTS

Senator Zaffirini called SB 708 from the President's table for consideration of the House amendments to the bill.

The Presiding Officer laid the bill and the House amendments before the Senate.

Floor Amendment No. 1

Amend SB 708 (house committee report) as follows:
(1)  On page 2, strike lines 18-21 and substitute the following:
fatalities for children four years of age and younger, aggregated by the age of the injured or deceased child, including information collected by the department, that occurred:
(A)  at each licensed day-care center; and
(B)  at a location other than a licensed day-care center;
(2)  On page 3, line 2, strike "and".
(3)  On page 3, line 5, between "(3)" and the underlined period, insert the following:
; and
(5)  a comparison on whether children under the supervision of a licensed day-care center are more likely than children outside the supervision of a licensed day-care center to suffer a serious injury or death.
(f)  The commission, in collaboration with the department and using existing resources, shall research, collect, compile, and publish on the commission's Internet website, in a way that allows meaningful comparison on a pro-rata basis of the relative frequency of each event included in the information required under Subsection (b)(4) and (5), the following data aggregated by child age regarding incidents at a location other than a licensed day-care center that threaten or impair the basic health, safety, or welfare of a child:
(1)  the number of confirmed serious injuries to children; and
(2)  the number of child fatalities.
(g)  The commission may collaborate with one or more state agencies to perform a duty under Subsections (e) and (f)
(4)  On page 3, strike line 11 and substitute "legislative and regulatory recommendations".

Floor Amendment No. 2

Amend SB 708 (house committee printing) on page 2, between lines 10 and 11, by inserting the following:
(c-1)  The commission, using existing resources, shall collect and publish on the commission's Internet website data on the total number of employees who left employment with each licensed day-care center during the preceding calendar year.

The amendments were read.

Senator Zaffirini moved to concur in the House amendments to SB 708.

The motion prevailed by the following vote:  Yeas 28, Nays 3.

Yeas:  Alvarado, Birdwell, Buckingham, Campbell, Creighton, Fallon, Flores, Hancock, Hinojosa, Huffman, Hughes, Johnson, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Schwertner, Seliger, Taylor, Watson, West, Whitmire, Zaffirini.

Nays:  Bettencourt, Hall, Kolkhorst.

SENATE BILL 479 WITH HOUSE AMENDMENT

Senator Watson called SB 479 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Amendment

Amend SB 479 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the inclusion in the definition of a medical and dental unit of the Dell Medical School at The University of Texas at Austin and the School of Medicine at The University of Texas Rio Grande Valley and the participation of those schools in certain programs and funding.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 51.821(4), Education Code, is amended to read as follows:
(4)  "Participating medical school" means each of the following entities:
(A)  the medical school at The University of Texas Health Science Center at Houston;
(B)  the medical school at The University of Texas Southwestern Medical Center;
(C)  the medical school at The University of Texas Health Science Center at San Antonio;
(D)  the medical school at The University of Texas Medical Branch at Galveston;
(E)  the medical school at the Texas Tech University Health Sciences Center at Lubbock;
(F)  the medical school at the Texas Tech University Health Sciences Center at El Paso;
(G)  the Baylor College of Medicine;
(H)  the college of osteopathic medicine at the University of North Texas Health Science Center at Fort Worth; [and]
(I)  the medical school at The Texas A&M University System Health Science Center;
(J)  the medical school at The University of Texas at Austin; and
(K)  the medical school at The University of Texas Rio Grande Valley.
SECTION 2.  Section 61.003(5), Education Code, is amended to read as follows:
(5)  "Medical and dental unit" means The Texas A&M University System Health Science Center and its component institutions, agencies, and programs; the Texas Tech University Health Sciences Center; the Texas Tech University Health Sciences Center at El Paso; The University of Texas Medical Branch at Galveston; The University of Texas Southwestern Medical Center; The University of Texas Medical School at San Antonio; The University of Texas Dental Branch at Houston; The University of Texas M. D. Anderson Cancer Center; The University of Texas Graduate School of Biomedical Sciences at Houston; The University of Texas Dental School at San Antonio; The University of Texas Medical School at Houston; the Dell Medical School at The University of Texas at Austin; the School of Medicine at The University of Texas Rio Grande Valley [The University of Texas Health Science Center--South Texas and its component institutions, if established under Subchapter N, Chapter 74]; the nursing institutions of The Texas A&M University System and The University of Texas System; and The University of Texas School of Public Health at Houston; and such other medical or dental schools as may be established by statute or as provided in this chapter.
SECTION 3.  Section 63.002(c), Education Code, is amended to read as follows:
(c)  The amount available for distribution from the fund may be appropriated only for programs that benefit medical research, health education, or treatment programs at the following health-related institutions of higher education:
(1)  The University of Texas Health Science Center at San Antonio;
(2)  The University of Texas M. D. Anderson Cancer Center;
(3)  The University of Texas Southwestern Medical Center;
(4)  The University of Texas Medical Branch at Galveston;
(5)  The University of Texas Health Science Center at Houston;
(6)  The University of Texas Health Science Center at Tyler;
(7)  The University of Texas Health Science Center--South Texas and its component institutions, if established under Subchapter N, Chapter 74;
(8)  The Texas A&M University Health Science Center;
(9)  the University of North Texas Health Science Center at Fort Worth;
(10)  the Texas Tech University Health Sciences Center;
(11)  the Texas Tech University Health Sciences Center at El Paso; [and]
(12)  the Dell Medical School at The University of Texas at Austin; and
(13)  Baylor College of Medicine, if a contract between Baylor College of Medicine and the Texas Higher Education Coordinating Board is in effect under Section 61.092.
SECTION 4.  (a)  As soon as practicable after the effective date of this Act, the medical schools at The University of Texas at Austin and The University of Texas Rio Grande Valley each shall:
(1)  enter into the agreement with the Joint Admission Medical Program Council required by Section 51.829, Education Code; and
(2)  select an appropriate faculty member to represent the respective medical school on the council.
(b)  The medical schools at The University of Texas at Austin and The University of Texas Rio Grande Valley each shall provide internships and mentoring under the Joint Admission Medical Program as appropriate beginning not later than the 2020-2021 academic year, but are not required before the 2022-2023 academic year to admit participating students to the medical schools under the program.
SECTION 5.  The Dell Medical School at The University of Texas at Austin is eligible to receive funding under Subchapter A, Chapter 63, Education Code, beginning with allocations for the state fiscal year that begins September 1, 2019.
SECTION 6.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2019.

The amendment was read.

Senator Watson moved to concur in the House amendment to SB 479.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1852 WITH HOUSE AMENDMENT

Senator Paxton called SB 1852 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 1852 (house committee printing) as follows:
(1)  On page 1, line 20, strike "The change in law made by this Act" and substitute "Chapter 1507, Insurance Code, as amended by this Act,".
(2)  Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill as appropriate:
SECTION ____.  Subtitle G, Title 8, Insurance Code, is amended by adding Chapter 1509 to read as follows:
CHAPTER 1509. SHORT-TERM LIMITED-DURATION INSURANCE
Sec. 1509.001.  DEFINITION. In this chapter, "short-term limited-duration insurance" has the meaning assigned by 26 C.F.R. Section 54.9801-2.
Sec. 1509.002.  POLICY DISCLOSURE FORM. (a) The commissioner by rule shall prescribe a disclosure form to be provided with a short-term limited-duration insurance policy and application.
(b)  The disclosure form must be in an easily readable font at least 14-point in size and include:
(1)  the duration of coverage;
(2)  a statement:
(A)  of the number of times the policy may be renewed or that the policy may not be renewed, as applicable;
(B)  that the expiration of short-term coverage is not a qualifying life event that would make a person eligible for a special enrollment period; and
(C)  that the policy may expire outside of the open enrollment period;
(3)  to the extent the information is available, the dates of the next three open enrollment periods under the Patient Protection and Affordable Care Act (Pub. L. No. 111-148) following the date the policy expires;
(4)  whether the policy contains any limitations or exclusions to preexisting conditions;
(5)  the maximum dollar amount payable under the policy;
(6)  the deductibles under the policy and the health care services to which the deductibles apply;
(7)  whether the following health care services are covered, including:
(A)  prescription drug coverage;
(B)  mental health services;
(C)  substance abuse treatment;
(D)  maternity care;
(E)  hospitalization;
(F)  surgery;
(G)  emergency health care; and
(H)  preventive health care; and
(8)  any other information the commissioner determines is important for a purchaser of a short-term limited-duration insurance policy.
(c)  An insurer issuing a short-term limited-duration insurance policy shall adopt procedures in accordance with commissioner rule to obtain a signed form from the insured acknowledging receipt of the disclosure form described by this section. The rule must allow for electronic acknowledgment. The insurer shall retain an acknowledgment form until the fifth anniversary of the date the insurer receives the form, and the insurer shall make the form available to the department on request.
SECTION ____.  Not later than January 1, 2020, the commissioner of insurance shall prescribe the disclosure form required by Section 1509.002, Insurance Code, as added by this Act.
SECTION ____.  Chapter 1509, Insurance Code, as added by this Act, applies only to an insurance policy delivered, issued for delivery, or renewed on or after January 1, 2020. An insurance policy delivered, issued for delivery, or renewed before January 1, 2020, is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.

The amendment was read.

Senator Paxton moved to concur in the House amendment to SB 1852.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 952 WITH HOUSE AMENDMENT

Senator Watson called SB 952 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Amendment

Amend SB 952 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to standards for nutrition, physical activity, and screen time for certain child-care facilities and homes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 42.042, Human Resources Code, is amended by adding Subsections (e-3), (e-4), and (e-5) to read as follows:
(e-3)  The minimum standards for a day-care center or registered family home adopted under Subsection (e) must be consistent with:
(1)  American Academy of Pediatrics standards for physical activity and screen time as published in Caring for Our Children: National Health and Safety Performance Standards; Guidelines for Early Care and Education Programs, 4th Edition; and
(2)  the nutrition standards in the Child and Adult Care Food Program administered by the Department of Agriculture.
(e-4)  A day-care center or registered family home is not required to participate in or comply with the reporting requirements of the Child and Adult Care Food Program administered by the Department of Agriculture.
(e-5)  If the commission determines that the economic impact of requiring a day-care center or registered family home to comply with a minimum standard adopted under Subsection (e-3) is sufficiently great to make compliance impractical, the commission may require the day-care center or registered family home to meet the guidelines of the minimum standard through an alternative method.
SECTION 2.  As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall adopt the rules necessary to implement the changes in law made by this Act.
SECTION 3.  This Act takes effect September 1, 2019.

The amendment was read.

Senator Watson moved to concur in the House amendment to SB 952.

The motion prevailed by the following vote:  Yeas 28, Nays 3.

Yeas:  Alvarado, Buckingham, Campbell, Creighton, Flores, Hall, Hancock, Hinojosa, Huffman, Hughes, Johnson, Kolkhorst, Lucio, Menéndez, Miles, Nelson, Nichols, Paxton, Perry, Powell, Rodríguez, Schwertner, Seliger, Taylor, Watson, West, Whitmire, Zaffirini.

Nays:  Bettencourt, Birdwell, Fallon.

SENATE BILL 747 WITH HOUSE AMENDMENTS

Senator Kolkhorst called SB 747 from the President's table for consideration of the House amendments to the bill.

The Presiding Officer laid the bill and the House amendments before the Senate.

Amendment

Amend SB 747 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to required notice of the cost and health benefit plan coverage of newborn screening tests.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter B, Chapter 33, Health and Safety Code, is amended by adding Section 33.019 to read as follows:
Sec. 33.019.  NOTICE OF COST AND CLAIM PROCESS. (a) The department shall publish on its Internet website the cost of and instructions on the full claim and reimbursement process for a newborn screening test kit to be used to comply with the test requirements of Section 33.011.
(b)  The department may change the cost published under Subsection (a) not later than the 90th day before the date the department publishes notice of the change on its Internet website. If the department changes the cost under this subsection, the department shall retain a record of the previous cost until the first anniversary of the date of the change.
SECTION 2.  Section 1271.154, Insurance Code, is amended to read as follows:
Sec. 1271.154.  WELL-CHILD CARE FROM BIRTH. (a) In this section, "well-child care from birth" has the meaning used under Section 1302, Public Health Service Act (42 U.S.C. Section 300e-1), and its subsequent amendments. The term includes administration of newborn screening required by the [Texas] Department of State Health Services and the cost of the newborn screening test kit described by Section 33.019, Health and Safety Code.
(b)  A health maintenance organization shall ensure that each health care plan provided by the health maintenance organization includes well-child care from birth that complies with:
(1)  federal requirements adopted under Chapter XI, Public Health Service Act (42 U.S.C. Section 300e et seq.), and its subsequent amendments; and
(2)  the rules adopted by the executive commissioner [Texas Department] of the Health and Human Services Commission to implement those requirements, including rules on the cost of the newborn screening test kit described by Section 33.019, Health and Safety Code.
SECTION 3.  Section 1367.003, Insurance Code, is amended to read as follows:
Sec. 1367.003.  CERTAIN LIMITATIONS ON COVERAGE FOR NEWBORN CHILDREN PROHIBITED. A health benefit plan that provides maternity benefits or accident and health coverage for additional newborn children may not be issued in this state if the plan excludes or limits:
(1)  initial coverage of a newborn child for a period of time; [or]
(2)  coverage for congenital defects of a newborn child; or
(3)  coverage for administration of the newborn screening tests required by Section 33.011, Health and Safety Code, including for the cost of a newborn screening test kit in the amount provided by the Department of State Health Services on its Internet website under Section 33.019 of that code on the date the test was administered.
SECTION 4.  As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall adopt rules necessary to implement this Act.
SECTION 5.  The change in law made by this Act applies only to a health benefit plan delivered, issued for delivery, or renewed on or after January 1, 2020. A health benefit plan delivered, issued for delivery, or renewed before January 1, 2020, is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.
SECTION 6.  This Act takes effect September 1, 2019.

Floor Amendment No. 1

Amend CSSB 747 (house committee report) as follows:
(1)  Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____.  Section 33.004(f), Health and Safety Code, is amended to read as follows:
(f)  The executive commissioner by rule shall [may] establish the amounts charged for newborn screening fees, including fees assessed for follow-up services, tracking confirmatory testing, and diagnosis. In adopting rules under this subsection, the executive commissioner shall ensure that amounts charged for newborn screening fees are sufficient to cover the costs of performing the screening.
SECTION ____.  Chapter 33, Health and Safety Code, is amended by adding Subchapter D to read as follows:
SUBCHAPTER D. NEWBORN SCREENING PRESERVATION ACCOUNT
Sec. 33.051.  DEFINITION. In this subchapter, "account" means the newborn screening preservation account established under Section 33.052.
Sec. 33.052.  CREATION OF ACCOUNT. (a)  The newborn screening preservation account is a dedicated account in the general revenue fund. Money in the account may be appropriated only to the department and only for the purpose of carrying out the newborn screening program established under this chapter.
(b)  On November 1 of each year, the comptroller shall transfer to the account any unexpended and unencumbered money from Medicaid reimbursements collected by the department for newborn screening services during the preceding state fiscal year.
(c)  The account is composed of:
(1)  money transferred to the account under Subsection (b);
(2)  gifts, grants, donations, and legislative appropriations; and
(3)  interest earned on the investment of money in the account.
(d)  Section 403.0956, Government Code, does not apply to the account.
(e)  The department administers the account. The department may solicit and receive gifts, grants, and donations from any source for the benefit of the account.
Sec. 33.053.  DEDICATED USE. (a)  The department may use any money remaining in the account after paying the costs of operating the newborn screening program established under this chapter only to:
(1)  pay the costs of offering additional newborn screening tests not offered under this chapter before September 1, 2019, including the operational costs incurred during the first year of implementing the additional tests; and
(2)  pay for capital assets, equipment, and renovations for the laboratory established by the department to ensure the continuous operation of the newborn screening program.
(b)  The department may not use money from the account for the department's general operating expenses.
Sec. 33.054.  REPORT. If the department requires an additional newborn screening test under Subchapter B the costs of which are funded with money appropriated from the newborn screening preservation account, the department shall, not later than September 1 of each even-numbered year, prepare and submit to the governor, the lieutenant governor, the speaker of the house of representatives, and each standing committee of the legislature having primary jurisdiction over the department a written report that:
(1)  summarizes the implementation plan for the test, including anticipated completion dates for implementing the test and potential barriers to conducting the test; and
(2)  summarizes the actions taken by the department to fund and implement the test during the preceding two years.
SECTION ____.  Notwithstanding Section 33.054, Health and Safety Code, as added by this Act, the Department of State Health Services shall submit the first report required by that section not later than December 1, 2019.
(2)  On page 3, line 9, strike "The change in law made by this Act applies" and substitute "Section 33.019, Health and Safety Code, as added by this Act, and Sections 1271.154 and 1367.003, Insurance Code, as amended by this Act, apply".

The amendments were read.

Senator Kolkhorst moved to concur in the House amendments to SB 747.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 943 WITH HOUSE AMENDMENT

Senator Watson called SB 943 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Amendment

Amend SB 943 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the disclosure of certain contracting information under the public information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 552.003, Government Code, is amended by amending Subdivision (1) and adding Subdivision (7) to read as follows:
(1)  "Governmental body":
(A)  means:
(i)  a board, commission, department, committee, institution, agency, or office that is within or is created by the executive or legislative branch of state government and that is directed by one or more elected or appointed members;
(ii)  a county commissioners court in the state;
(iii)  a municipal governing body in the state;
(iv)  a deliberative body that has rulemaking or quasi-judicial power and that is classified as a department, agency, or political subdivision of a county or municipality;
(v)  a school district board of trustees;
(vi)  a county board of school trustees;
(vii)  a county board of education;
(viii)  the governing board of a special district;
(ix)  the governing body of a nonprofit corporation organized under Chapter 67, Water Code, that provides a water supply or wastewater service, or both, and is exempt from ad valorem taxation under Section 11.30, Tax Code;
(x)  a local workforce development board created under Section 2308.253;
(xi)  a nonprofit corporation that is eligible to receive funds under the federal community services block grant program and that is authorized by this state to serve a geographic area of the state; [and]
(xii)  a confinement facility operated under a contract with any division of the Texas Department of Criminal Justice;
(xiii)  a civil commitment housing facility owned, leased, or operated by a vendor under contract with the state as provided by Chapter 841, Health and Safety Code;
(xiv)  an entity that receives public funds in the current or preceding state fiscal year to manage the daily operations or restoration of the Alamo, or an entity that oversees such an entity; and
(xv)  the part, section, or portion of an organization, corporation, commission, committee, institution, or agency that spends or that is supported in whole or in part by public funds; and
(B)  does not include:
(i)  the judiciary; or
(ii)  an economic development entity whose mission or purpose is to develop and promote the economic growth of a state agency or political subdivision with which the entity contracts if:
(a)  the entity does not receive $1 million or more in public funds from a single state agency or political subdivision in the current or preceding state fiscal year; or
(b)  the entity:
(1)  either:
(A)  does not have the authority to make decisions or recommendations on behalf of a state agency or political subdivision regarding tax abatements or tax incentives; or
(B)  does not require an officer of the state agency or political subdivision to hold office as a member of the board of directors of the entity;
(2)  does not use staff or office space of the state agency or political subdivision for no or nominal consideration, unless the space is available to the public;
(3)  to a reasonable degree, tracks the entity's receipt and expenditure of public funds separately from the entity's receipt and expenditure of private funds; and
(4)  provides at least quarterly public reports to the state agency or political subdivision regarding work performed on behalf of the state agency or political subdivision.
(7)  "Contracting information" means the following information maintained by a governmental body or sent between a governmental body and a vendor, contractor, potential vendor, or potential contractor:
(A)  information in a voucher or contract relating to the receipt or expenditure of public funds by a governmental body;
(B)  solicitation or bid documents relating to a contract with a governmental body;
(C)  communications sent between a governmental body and a vendor, contractor, potential vendor, or potential contractor during the solicitation, evaluation, or negotiation of a contract;
(D)  documents, including bid tabulations, showing the criteria by which a governmental body evaluates each vendor, contractor, potential vendor, or potential contractor responding to a solicitation and, if applicable, an explanation of why the vendor or contractor was selected; and
(E)  communications and other information sent between a governmental body and a vendor or contractor related to the performance of a final contract with the governmental body or work performed on behalf of the governmental body.
SECTION 2.  Subchapter B, Chapter 552, Government Code, is amended by adding Section 552.0222 to read as follows:
Sec. 552.0222.  DISCLOSURE OF CONTRACTING INFORMATION. (a)  Contracting information is public and must be released unless excepted from disclosure under this chapter.
(b)  The exceptions to disclosure provided by Sections 552.110 and 552.1101 do not apply to the following types of contracting information:
(1)  a contract described by Section 2261.253(a), excluding any information that was properly redacted under Subsection (e) of that section;
(2)  a contract described by Section 322.020(c), excluding any information that was properly redacted under Subsection (d) of that section;
(3)  the following contract or offer terms or their functional equivalent:
(A)  any term describing the overall or total price the governmental body will or could potentially pay, including overall or total value, maximum liability, and final price;
(B)  a description of the items or services to be delivered with the total price for each if a total price is identified for the item or service in the contract;
(C)  the delivery and service deadlines;
(D)  the remedies for breach of contract;
(E)  the identity of all parties to the contract;
(F)  the identity of all subcontractors in a contract;
(G)  the affiliate overall or total pricing for a vendor, contractor, potential vendor, or potential contractor;
(H)  the execution dates;
(I)  the effective dates; and
(J)  the contract duration terms, including any extension options; or
(4)  information indicating whether a vendor, contractor, potential vendor, or potential contractor performed its duties under a contract, including information regarding:
(A)  a breach of contract;
(B)  a contract variance or exception;
(C)  a remedial action;
(D)  an amendment to a contract;
(E)  any assessed or paid liquidated damages;
(F)  a key measures report;
(G)  a progress report; and
(H)  a final payment checklist.
(c)  Notwithstanding Subsection (b), information described by Subdivisions (3)(A) and (B) of that subsection that relates to a retail electricity contract may not be disclosed until the delivery start date.
SECTION 3.  Section 552.104(a), Government Code, is amended to read as follows:
(a)  Information is excepted from the requirements of Section 552.021 if a governmental body demonstrates that release of the [it is] information [that, if released,] would harm its interests by providing an [give] advantage to a competitor or bidder in a particular ongoing competitive situation or in a particular competitive situation where the governmental body establishes the situation at issue is set to reoccur or there is a specific and demonstrable intent to enter into the competitive situation again in the future.
SECTION 4.  Section 552.110, Government Code, is amended to read as follows:
Sec. 552.110.  EXCEPTION: CONFIDENTIALITY OF TRADE SECRETS; CONFIDENTIALITY OF CERTAIN COMMERCIAL OR FINANCIAL INFORMATION. (a)  In this section, "trade secret" means all forms and types of information, including business, scientific, technical, economic, or engineering information, and any formula, design, prototype, pattern, plan, compilation, program device, program, code, device, method, technique, process, procedure, financial data, or list of actual or potential customers or suppliers, whether tangible or intangible and whether or however stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing if:
(1)  the owner of the trade secret has taken reasonable measures under the circumstances to keep the information secret; and
(2)  the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure or use of the information.
(b)  Except as provided by Section 552.0222, information [A trade secret obtained from a person and privileged or confidential by statute or judicial decision] is excepted from the requirements of Section 552.021 if it is demonstrated based on specific factual evidence that the information is a trade secret.
(c)  Except as provided by Section 552.0222, commercial [(b)     Commercial] or financial information for which it is demonstrated based on specific factual evidence that disclosure would cause substantial competitive harm to the person from whom the information was obtained is excepted from the requirements of Section 552.021.
SECTION 5.  Subchapter C, Chapter 552, Government Code, is amended by adding Section 552.1101 to read as follows:
Sec. 552.1101.  EXCEPTION: CONFIDENTIALITY OF PROPRIETARY INFORMATION. (a)  Except as provided by Section 552.0222, information submitted to a governmental body by a vendor, contractor, potential vendor, or potential contractor in response to a request for a bid, proposal, or qualification is excepted from the requirements of Section 552.021 if the vendor, contractor, potential vendor, or potential contractor that the information relates to demonstrates based on specific factual evidence that disclosure of the information would:
(1)  reveal an individual approach to:
(A)  work;
(B)  organizational structure;
(C)  staffing;
(D)  internal operations;
(E)  processes; or
(F)  discounts, pricing methodology, pricing per kilowatt hour, cost data, or other pricing information that will be used in future solicitation or bid documents; and
(2)  give advantage to a competitor.
(b)  The exception to disclosure provided by Subsection (a) does not apply to:
(1)  information in a voucher or contract relating to the receipt or expenditure of public funds by a governmental body; or
(2)  communications and other information sent between a governmental body and a vendor or contractor related to the performance of a final contract with the governmental body or work performed on behalf of the governmental body.
(c)  The exception to disclosure provided by Subsection (a) may be asserted only by a vendor, contractor, potential vendor, or potential contractor in the manner described by Section 552.305(b) for the purpose of protecting the interests of the vendor, contractor, potential vendor, or potential contractor. A governmental body shall decline to release information as provided by Section 552.305(a) to the extent necessary to allow a vendor, contractor, potential vendor, or potential contractor to assert the exception to disclosure provided by Subsection (a).
SECTION 6.  Section 552.131, Government Code, is amended by adding Subsection (b-1) to read as follows:
(b-1)  An economic development entity whose mission or purpose is to develop and promote the economic growth of a state agency or political subdivision with which the entity contracts may assert the exceptions under this section in the manner described by Section 552.305(b) with respect to information that is in the economic development entity's custody or control.
SECTION 7.  Sections 552.305(a) and (d), Government Code, are amended to read as follows:
(a)  In a case in which information is requested under this chapter and a person's privacy or property interests may be involved, including a case under Section 552.101, [552.104,] 552.110, 552.1101, [or] 552.114, 552.131, or 552.143, a governmental body may decline to release the information for the purpose of requesting an attorney general decision.
(d)  If release of a person's proprietary information may be subject to exception under Section 552.101, 552.110, 552.1101, 552.113, [or] 552.131, or 552.143, the governmental body that requests an attorney general decision under Section 552.301 shall make a good faith attempt to notify that person of the request for the attorney general decision. Notice under this subsection must:
(1)  be in writing and sent within a reasonable time not later than the 10th business day after the date the governmental body receives the request for the information; and
(2)  include:
(A)  a copy of the written request for the information, if any, received by the governmental body; and
(B)  a statement, in the form prescribed by the attorney general, that the person is entitled to submit in writing to the attorney general within a reasonable time not later than the 10th business day after the date the person receives the notice:
(i)  each reason the person has as to why the information should be withheld; and
(ii)  a letter, memorandum, or brief in support of that reason.
SECTION 8.  Section 552.321, Government Code, is amended by adding Subsection (c) to read as follows:
(c)  A requestor may file suit for a writ of mandamus compelling a governmental body or an entity to comply with the requirements of Subchapter J.
SECTION 9.  Chapter 552, Government Code, is amended by adding Subchapter J to read as follows:
SUBCHAPTER J. ADDITIONAL PROVISIONS RELATED TO CONTRACTING INFORMATION
Sec. 552.371.  CERTAIN ENTITIES REQUIRED TO PROVIDE CONTRACTING INFORMATION TO GOVERNMENTAL BODY IN CONNECTION WITH REQUEST. (a)  This section applies to an entity that is not a governmental body that executes a contract with a governmental body that:
(1)  has a stated expenditure of at least $1 million in public funds for the purchase of goods or services by the governmental body; or
(2)  results in the expenditure of at least $1 million in public funds for the purchase of goods or services by the governmental body in a fiscal year of the governmental body.
(b)  This section applies to a written request for public information received by a governmental body that is a party to a contract described by Subsection (a) for contracting information related to the contract that is in the custody or possession of the entity and not maintained by the governmental body.
(c)  A governmental body that receives a written request for information described by Subsection (b) shall request that the entity provide the information to the governmental body. The governmental body must send the request in writing to the entity not later than the third business day after the date the governmental body receives the written request described by Subsection (b).
(d)  Notwithstanding Section 552.301:
(1)  a request for an attorney general's decision under Section 552.301(b) to determine whether contracting information subject to a written request described by Subsection (b) falls within an exception to disclosure under this chapter is considered timely if made not later than the 13th business day after the date the governmental body receives the written request described by Subsection (b);
(2)  the statement and copy described by Section 552.301(d) is considered timely if provided to the requestor not later than the 13th business day after the date the governmental body receives the written request described by Subsection (b);
(3)  a submission described by Section 552.301(e) is considered timely if submitted to the attorney general not later than the 18th business day after the date the governmental body receives the written request described by Subsection (b); and
(4)  a copy described by Section 552.301(e-1) is considered timely if sent to the requestor not later than the 18th business day after the date the governmental body receives the written request described by Subsection (b).
(e)  Section 552.302 does not apply to information described by Subsection (b) if the governmental body:
(1)  complies with the requirements of Subsection (c) in a good faith effort to obtain the information from the contracting entity;
(2)  is unable to meet a deadline described by Subsection (d) because the contracting entity failed to provide the information to the governmental body not later than the 13th business day after the date the governmental body received the written request for the information; and
(3)  if applicable and notwithstanding the deadlines prescribed by Sections 552.301(b), (d), (e), and (e-1), complies with the requirements of those subsections not later than the eighth business day after the date the governmental body receives the information from the contracting entity.
(f)  Nothing in this section affects the deadlines or duties of a governmental body under Section 552.301 regarding information the governmental body maintains, including contracting information.
Sec. 552.372.  BIDS AND CONTRACTS. (a)  A contract described by Section 552.371 must require a contracting entity to:
(1)  preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract;
(2)  promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and
(3)  on completion of the contract, either:
(A)  provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or
(B)  preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body.
(b)  Unless Section 552.374(c) applies, a bid for a contract described by Section 552.371 and the contract must include the following statement: "The requirements of Subchapter J, Chapter 552, Government Code, may apply to this (include "bid" or "contract" as applicable) and the contractor or vendor agrees that the contract can be terminated if the contractor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter."
(c)  A governmental body may not accept a bid for a contract described by Section 552.371 or award the contract to an entity that the governmental body has determined has knowingly or intentionally failed to comply with this subchapter in a previous bid or contract described by that section unless the governmental body determines and documents that the entity has taken adequate steps to ensure future compliance with the requirements of this subchapter.
Sec. 552.373.  NONCOMPLIANCE WITH PROVISION OF SUBCHAPTER. A governmental body that is the party to a contract described by Section 552.371 shall provide notice to the entity that is a party to the contract if the entity fails to comply with a requirement of this subchapter applicable to the entity. The notice must:
(1)  be in writing;
(2)  state the requirement of this subchapter that the entity has violated; and
(3)  unless Section 552.374(c) applies, advise the entity that the governmental body may terminate the contract without further obligation to the entity if the entity does not cure the violation on or before the 10th business day after the date the governmental body provides the notice.
Sec. 552.374.  TERMINATION OF CONTRACT FOR NONCOMPLIANCE. (a)  Subject to Subsection (c), a governmental body may terminate a contract described by Section 552.371 if:
(1)  the governmental body provides notice under Section 552.373 to the entity that is party to the contract;
(2)  the contracting entity does not cure the violation in the period prescribed by Section 552.373;
(3)  the governmental body determines that the contracting entity has intentionally or knowingly failed to comply with a requirement of this subchapter; and
(4)  the governmental body determines that the entity has not taken adequate steps to ensure future compliance with the requirements of this subchapter.
(b)  For the purpose of Subsection (a), an entity has taken adequate steps to ensure future compliance with this subchapter if:
(1)  the entity produces contracting information requested by the governmental body that is in the custody or possession of the entity not later than the 10th business day after the date the governmental body makes the request; and
(2)  the entity establishes a records management program to enable the entity to comply with this subchapter.
(c)  A governmental body may not terminate a contract under this section if the contract is related to the purchase or underwriting of a public security, the contract is or may be used as collateral on a loan, or the contract's proceeds are used to pay debt service of a public security or loan.
Sec. 552.375.  OTHER CONTRACT PROVISIONS. Nothing in this subchapter prevents a governmental body from including and enforcing more stringent requirements in a contract to increase accountability or transparency.
Sec. 552.376.  CAUSE OF ACTION NOT CREATED. This subchapter does not create a cause of action to contest a bid for or the award of a contract with a governmental body.
SECTION 10.  The changes in law made by this Act apply only to a request for public information that is received by a governmental body or an officer for public information on or after the effective date of this Act.
SECTION 11.  Subchapter J, Chapter 552, Government Code, as added by this Act, applies only to a contract described by that subchapter that is executed on or after the effective date of this Act.
SECTION 12.  This Act takes effect January 1, 2020.

The amendment was read.

Senator Watson moved to concur in the House amendment to SB 943.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1640 WITH HOUSE AMENDMENT

Senator Watson called SB 1640 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 1640 (house committee report) on page 1, line 24, between "members" and the underlined semicolon, by inserting "but the members engaging in the series of communications constitute a quorum of members".

The amendment was read.

Senator Watson moved to concur in the House amendment to SB 1640.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 709 WITH HOUSE AMENDMENT

Senator West called SB 709 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Amendment

Amend SB 709 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the allocation and use of the annual constitutional appropriation to certain agencies and institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 62.021, Education Code, is amended by amending Subsections (a), (a-1), (b), and (c) and adding Subsection (a-3) to read as follows:
(a)  In each state fiscal year beginning with the state fiscal year ending August 31, 2021 [2016], an eligible institution is entitled to receive an amount allocated in accordance with this section from the funds appropriated for that year by Section 17(a), Article VII, Texas Constitution. The comptroller shall distribute funds allocated under this subsection only on presentation of a claim and issuance of a warrant in accordance with Section 403.071, Government Code. An eligible institution may not present a claim to be paid from any funds allocated under this subsection before the delivery of goods or services described in Section 17, Article VII, Texas Constitution, except for the payment of principal or interest on bonds or notes or for a payment for a book or other published library material as authorized by Section 2155.386, Government Code. The allocation of funds under this subsection is made in accordance with an equitable formula consisting of the following elements: space deficit, facilities condition, institutional complexity, and a separate allocation for the Texas State Technical College System. The annual amounts allocated by the formula are as follows:
(1)  $4,933,200 [$3,374,275] to Midwestern State University;
(2)  to the following component institutions of the University of North Texas System:
(A)  $37,346,563 [$25,041,370] to the University of North Texas;
(B)  $15,125,502 [$11,394,570] to the University of North Texas Health Science Center at Fort Worth; and
(C)  $3,354,441 [$1,408,669] to the University of North Texas at Dallas[, $135,593 of which must be used for the University of North Texas at Dallas College of Law];
(3)  $11,277,793 [$7,757,442] to Stephen F. Austin State University;
(4)  to the following component institutions of the Texas State University System:
(A)  $13,141,181 [$9,401,255] to Lamar University;
(B)  $2,553,130 [$1,720,347] to the Lamar Institute of Technology;
(C)  $1,488,396 [$1,129,562] to Lamar State College--Orange;
(D)  $2,217,102 [$1,438,523] to Lamar State College--Port Arthur;
(E)  $18,236,811 [$11,553,239] to Sam Houston State University;
(F)  $37,606,478 [$24,775,170] to Texas State University;
(G)  $2,151,723 [$1,423,682] to Sul Ross State University; and
(H)  $472,890 [$273,825] to Sul Ross State University-Rio Grande College;
(5)  $11,719,335 [$7,773,229] to Texas Southern University;
(6)  to the following component institutions of the Texas Tech University System:
(A)  $49,874,746 [$32,817,206] to Texas Tech University;
(B)  $21,652,392 [$15,581,597] to Texas Tech University Health Sciences Center;
(C)  $6,792,999 [$3,546,735] to Angelo State University; and
(D)  $5,557,572 [$4,156,050] to Texas Tech University Health Sciences Center--El Paso;
(7)  $14,554,133 [$9,897,706] to Texas Woman's University;
(8)  to the following component institutions of the University of Houston System:
(A)  $54,514,004 [$35,180,036] to the University of Houston;
(B)  $3,542,817 [$2,850,574] to the University of Houston--Victoria;
(C)  $7,726,043 [$5,336,744] to the University of Houston--Clear Lake; and
(D)  $10,828,344 [$7,835,252] to the University of Houston--Downtown;
(9)  to the following component institutions of The Texas A&M University System:
(A)  $11,478,824 [$7,424,229] to Texas A&M University--Corpus Christi;
(B)  $7,462,394 [$4,473,273] to Texas A&M International University;
(C)  $8,858,060 [$5,977,371] to Texas A&M University--Kingsville;
(D)  $7,446,495 [$4,776,272] to West Texas A&M University;
(E)  $11,123,859 [$7,190,875] to Texas A&M University--Commerce; and
(F)  $2,050,273 [$1,215,922] to Texas A&M University--Texarkana; and
(10)  $8,662,500 [$5,775,000] to the Texas State Technical College System Administration and the following component campuses, but not its extension centers or programs:
(A)  Texas State Technical College-Harlingen;
(B)  Texas State Technical College--Marshall;
(C)  Texas State Technical College--West Texas; [and]
(D)  Texas State Technical College--Waco;
(E)  Texas State Technical College--Fort Bend; and
(F)  Texas State Technical College--North Texas.
(a-1)  In [each state fiscal year beginning with] the state fiscal year ending August 31, 2020 [2017], an eligible institution is entitled to receive an amount allocated in accordance with this subsection from the funds appropriated for that year by Section 17(a), Article VII, Texas Constitution. The comptroller shall distribute funds allocated under this subsection only on presentation of a claim and issuance of a warrant in accordance with Section 403.071, Government Code. An eligible institution may not present a claim to be paid from any funds allocated under this subsection before the delivery of goods or services described in Section 17, Article VII, Texas Constitution, except for the payment of principal or interest on bonds or notes or for a payment for a book or other published library material as authorized by Section 2155.386, Government Code. The allocation of funds under this subsection is made in accordance with an equitable formula consisting of the following elements: space deficit, facilities condition, institutional complexity, and a separate allocation for the Texas State Technical College System. The annual amounts allocated by the formula are as follows:
(1)  $5,061,412 to Midwestern State University;
(2)  to the following component institutions of the University of North Texas System:
(A)  $37,562,056 to the University of North Texas;
(B)  $17,091,856 to the University of North Texas Health Science Center at Fort Worth; and
(C)  $2,113,004 to the University of North Texas at Dallas[, $203,390 of which must be used for the University of North Texas at Dallas College of Law];
(3)  $11,636,163 to Stephen F. Austin State University;
(4)  to the following component institutions of the Texas State University System:
(A)  $14,101,882 to Lamar University;
(B)  $2,580,521 to the Lamar Institute of Technology;
(C)  $1,694,343 to Lamar State College--Orange;
(D)  $2,157,784 to Lamar State College--Port Arthur;
(E)  $17,329,858 to Sam Houston State University;
(F)  $37,162,755 to Texas State University;
(G)  $2,135,523 to Sul Ross State University; and
(H)  $410,738 to Sul Ross State University-Rio Grande College;
(5)  $11,659,843 to Texas Southern University;
(6)  to the following component institutions of the Texas Tech University System:
(A)  $49,225,809 to Texas Tech University;
(B)  $23,372,396 to Texas Tech University Health Sciences Center;
(C)  $5,320,102 to Angelo State University; and
(D)  $6,234,075 to Texas Tech University Health Sciences Center--El Paso;
(7)  $14,846,558 to Texas Woman's University;
(8)  to the following component institutions of the University of Houston System:
(A)  $52,770,054 to the University of Houston;
(B)  $4,275,861 to the University of Houston--Victoria;
(C)  $8,005,116 to the University of Houston--Clear Lake; and
(D)  $11,752,877 to the University of Houston--Downtown;
(9)  to the following component institutions of The Texas A&M University System:
(A)  $11,136,344 to Texas A&M University--Corpus Christi;
(B)  $6,709,910 to Texas A&M International University;
(C)  $8,966,056 to Texas A&M University--Kingsville;
(D)  $7,164,408 to West Texas A&M University;
(E)  $10,786,313 to Texas A&M University--Commerce; and
(F)  $1,823,883 to Texas A&M University--Texarkana; and
(10)  $8,662,500 to the Texas State Technical College System Administration and the following component campuses, but not its extension centers or programs:
(A)  Texas State Technical College-Harlingen;
(B)  Texas State Technical College--Marshall;
(C)  Texas State Technical College--West Texas; [and]
(D)  Texas State Technical College--Waco;
(E)  Texas State Technical College--Fort Bend; and
(F)  Texas State Technical College--North Texas.
(a-3)  This subsection and Subsection (a-1) expire September 1, 2020.
(b)  Each governing board participating in the distribution of funds as described in this section may expend the funds without limitation, and as the governing board may decide in its sole discretion, for any and all purposes described in Section 17, Article VII, Texas [Section 17, of the] Constitution, including to purchase or contract for cloud computing services or other intangible assets with an expected useful life or for a contract period of more than one year [of Texas; provided, however, that for new construction, major repair and rehabilitation projects, and land acquisition projects, those funds may not be expended without the prior approval of the legislature or the approval, review, or endorsement, as applicable, of the coordinating board; and provided further that review and approval of major repair and rehabilitation shall apply only to projects in excess of $600,000].
(c)  Each governing board participating in the distribution of funds as described in this section may issue bonds and notes as authorized in Section 17, Article VII, Texas [Section 17, of the] Constitution [of Texas]. [For purposes of this chapter, the governing board of Texas Tech University may issue bonds and notes as authorized in Article VII, Section 17, of the Constitution of Texas, on behalf of both Texas Tech University and Texas Tech University Health Sciences Center, and the annual appropriations of both institutions may be combined and pledged by the governing body of Texas Tech University in support of such bonds and notes.]
SECTION 2.  Sections 62.021(a-2) and (f), Education Code, are repealed.
SECTION 3.  (a) The amounts allocated under Section 62.021(a-1), Education Code, as amended by this Act, apply to the state fiscal year beginning September 1, 2019.
(b)  The amounts allocated under Section 62.021(a), Education Code, as amended by this Act, apply to each state fiscal year beginning with the state fiscal year beginning September 1, 2020.
SECTION 4.  This Act takes effect August 31, 2019.

The amendment was read.

Senator West moved to concur in the House amendment to SB 709.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 2535 WITH HOUSE AMENDMENT

Senator Fallon called SB 2535 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Amendment

Amend SB 2535 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Lakehaven Municipal Utility District; providing authority to issue bonds; providing authority to impose a tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 8093 to read as follows:
CHAPTER 8093. LAKEHAVEN MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8093.0101.  DEFINITIONS. In this chapter:
(1)  "Board" means the district's board of directors.
(2)  "City" means the City of Farmersville, Texas.
(3)  "District" means the Lakehaven Municipal Utility District.
Sec. 8093.0102.  NATURE AND PURPOSES OF DISTRICT. (a) The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.
(b)  The district is created to accomplish the purposes of:
(1)  a municipal utility district as provided by general law and Section 59, Article XVI, Texas Constitution; and
(2)  Section 52, Article III, Texas Constitution, that relate to the construction, acquisition, improvement, operation, or maintenance of macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 8093.0201.  GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.
Sec. 8093.0202.  MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.
Sec. 8093.0203.  AUTHORITY FOR ROAD PROJECTS. Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, improve, operate, maintain, and convey to this state, a county, or a municipality for operation and maintenance macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.
Sec. 8093.0204.  ROAD STANDARDS AND REQUIREMENTS. (a) A road project must meet all applicable construction standards and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction the road project is located.
(b)  If a road project is not located in the corporate limits or extraterritorial jurisdiction of a municipality, the road project must meet all applicable construction standards and regulations of each county in which the road project is located.
(c)  If the state will maintain and operate the road, the Texas Transportation Commission must approve the plans and specifications of the road project.
SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
Sec. 8093.0301.  AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS FOR ROAD PROJECTS. (a) Except as provided by Section 8093.0303, the district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, revenue, contract payments, grants, or other district money, or any combination of those sources, to pay for a road project authorized by Section 8093.0203.
(b)  The district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose.
(c)  At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of the real property in the district.
Sec. 8093.0302.  TAXES FOR BONDS. At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct ad valorem tax, without limit as to rate or amount, while all or part of the bonds are outstanding.
Sec. 8093.0303.  CONDITION PRECEDENT TO ISSUING BONDS OR OTHER OBLIGATIONS. (a) The district may not issue bonds or other obligations under this subchapter unless the district has entered into a contract with the city, Collin County, or another entity:
(1)  for adequate supplemental police, fire, and emergency services for the district; and
(2)  that is approved by the Commissioners Court of Collin County under Subsection (c).
(b)  A contract under Subsection (a) may include a provision that the contract takes effect only on the approval of the Commissioners Court of Collin County and the voters in the district voting in an election held for that purpose.
(c)  The Commissioners Court of Collin County shall review a contract under Subsection (a) and evaluate the supplemental police, fire, and emergency services provided in the contract. If the commissioners court determines that the contract provides adequate services, the commissioners court shall adopt a resolution stating that the contract has met the requirements of Subsection (a).
SUBCHAPTER D. CITY PERMITTING AUTHORITY IN DISTRICT
Sec. 8093.0401.  CITY AUTHORITY. (a) The city has exclusive authority in the district to issue all building permits, certificates of occupancy, and any certificate or permit issued by the city relating to business activities.
(b)  A fee for a permit or certificate issued by the city for use in the district may not exceed the fees charged for the same permit or certificate issued for use in the corporate limits of the city.
(c)  A permit or certificate issued by the city for use in the district is subject to the terms of a development agreement made under Section 212.172, Local Government Code.
SECTION 2.  The Lakehaven Municipal Utility District retains all the rights, powers, privileges, authority, duties, and functions that it had before the effective date of this Act.
SECTION 3.  (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.
(b)  The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.
(c)  The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.
(d)  All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.
SECTION 4.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2019.

The amendment was read.

Senator Fallon moved to concur in the House amendment to SB 2535.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

CONFERENCE COMMITTEE ON HOUSE BILL 234
(Motion In Writing)

Senator Nelson called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 234 and submitted a Motion In Writing that the request be granted.

The Motion In Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 234 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:  Senators Nelson, Chair; Campbell, Whitmire, Huffman, and Nichols.

CONFERENCE COMMITTEE ON HOUSE BILL 812
(Motion In Writing)

Senator Whitmire called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 812 and submitted a Motion In Writing that the request be granted.

The Motion In Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 812 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:  Senators Whitmire, Chair; Huffman, Buckingham, Miles, and Perry.

CONFERENCE COMMITTEE ON HOUSE BILL 684
(Motion In Writing)

Senator Hughes called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 684 and submitted a Motion In Writing that the request be granted.

The Motion In Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 684 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:  Senators Hughes, Chair; Lucio, Bettencourt, Campbell, and Paxton.

CONFERENCE COMMITTEE ON HOUSE BILL 1504
(Motion In Writing)

Senator Nichols called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 1504 and submitted a Motion In Writing that the request be granted.

The Motion In Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 1504 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:  Senators Nichols, Chair; Birdwell, Watson, Buckingham, and Hall.

CONFERENCE COMMITTEE ON HOUSE BILL 2402
(Motion In Writing)

Senator Fallon called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 2402 and submitted a Motion In Writing that the request be granted.

The Motion In Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on HB 2402 before appointment.

There were no motions offered.

Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:  Senators Fallon, Chair; Hancock, Flores, Alvarado, and Paxton.

SENATE BILL 11 WITH HOUSE AMENDMENTS
(Motion In Writing)

Senator Taylor called SB 11 from the President's table for consideration of the House amendments to the bill.

The Presiding Officer laid the bill and the House amendments before the Senate.

Amendment

Amend SB 11 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to policies, procedures, and measures for school safety and mental health promotion in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter C, Chapter 7, Education Code, is amended by adding Section 7.061 to read as follows:
Sec. 7.061.  FACILITIES STANDARDS. (a)  In this section, "instructional facility" has the meaning assigned by Section 46.001.
(b)  The commissioner shall adopt or amend rules as necessary to ensure that building standards for instructional facilities and other school district and open-enrollment charter school facilities provide a secure and safe environment. In adopting or amending rules under this section, the commissioner shall include the use of best practices for:
(1)  the design and construction of new facilities; and
(2)  the improvement, renovation, and retrofitting of existing facilities.
(c)  Not later than September 1 of each even-numbered year, the commissioner shall review all rules adopted or amended under this section and amend the rules as necessary to ensure that building standards for school district and open-enrollment charter school facilities continue to provide a secure and safe environment.
SECTION 2.  Chapter 8, Education Code, is amended by adding Subchapter E to read as follows:
SUBCHAPTER E. MENTAL HEALTH AND SUBSTANCE USE RESOURCES FOR SCHOOL DISTRICT PERSONNEL
Sec. 8.151.  DEFINITIONS. In this subchapter, "local mental health authority" and "non-physician mental health professional" have the meanings assigned by Section 571.003, Health and Safety Code.
Sec. 8.152.  EMPLOYMENT OF NON-PHYSICIAN MENTAL HEALTH PROFESSIONAL AS MENTAL HEALTH AND SUBSTANCE USE RESOURCE. (a) A local mental health authority shall employ a non-physician mental health professional to serve as a mental health and substance use resource for school districts located in the region served by a regional education service center and in which the local mental health authority provides services. In making a hiring decision under this section, the local mental health authority shall consult with the regional education service center.
(b)  If two or more local mental health authorities provide services in a region served by a regional education service center, the local mental health authority that primarily operates in the county in which the center is located shall employ the non-physician mental health professional and, in making any hiring decision, consult with other local mental health authorities and the regional education service center providing services in that region.
Sec. 8.153.  INTERAGENCY COLLABORATION; MEMORANDUM OF UNDERSTANDING. (a) A local mental health authority that employs a non-physician mental health professional under Section 8.152 and the regional education service center shall collaborate in carrying out this subchapter.
(b)  Each regional education service center shall provide for a non-physician mental health professional employed for the region served by the center with a space for the professional to carry out the professional's duties under Section 8.155. The local mental health authority that employs the professional shall pay the center a reasonable negotiated cost recovery fee for providing the space and administrative support outlined in the memorandum of understanding under Subsection (c). The fee may not exceed $15,000 unless a larger fee is agreed to by the local mental health authority and center.
(c)  A local mental health authority and a regional education service center shall enter into a memorandum of understanding for the administration of this section.
Sec. 8.154.  SUPERVISION OF NON-PHYSICIAN MENTAL HEALTH PROFESSIONAL. The local mental health authority that employs a non-physician mental health professional under Section 8.152 shall:
(1)  supervise the professional in carrying out the professional's duties under Section 8.155; and
(2)  consult with any other local mental health authorities in the region and the regional education service center in supervising the professional and seek input from the center regarding the professional's performance.
Sec. 8.155.  DUTIES OF NON-PHYSICIAN MENTAL HEALTH PROFESSIONAL. (a) A non-physician mental health professional employed under Section 8.152 shall collaborate with the regional education service center that focuses on mental health initiatives and act as a resource for the regional education service center and school district personnel by:
(1)  helping personnel gain awareness and a better understanding of mental health and co-occurring mental health and substance use disorders;
(2)  assisting personnel to implement initiatives related to mental health or substance use under:
(A)  state law;
(B)  rules adopted by a state agency;
(C)  interagency memoranda of understanding; or
(D)  programs related to the state law, rules, or memoranda of understanding;
(3)  ensuring personnel are aware of:
(A)  the list of recommended best practice-based programs and research-based practices developed under Section 161.325, Health and Safety Code;
(B)  other public and private mental health and substance use prevention, treatment, and recovery programs available in the school district, including evidence-based programs provided by a local mental health authority and other public or private mental health providers; and
(C)  other resources available from the Health and Human Services Commission to support school districts, students, or students' families;
(4)  on a monthly basis, facilitating mental health first aid training;
(5)  on a monthly basis, facilitating training regarding the effects of grief and trauma and providing support to children with intellectual or developmental disabilities who suffer from grief or trauma; and
(6)  on a monthly basis, facilitating training on prevention and intervention programs that have been shown to be effective in helping students cope with pressures to:
(A)  use alcohol, cigarettes, or illegal drugs; or
(B)  misuse prescription drugs.
(b)  A non-physician mental health professional employed under Section 8.152 may not treat or provide counseling to a student or provide specific advice to school district personnel regarding a student.
Sec. 8.156.  PARTICIPATION BY SCHOOL DISTRICT NOT REQUIRED. This subchapter does not require a school district to participate in training provided by a non-physician mental health professional or otherwise use the professional as a resource.
Sec. 8.157.  DISTRIBUTION OF FUNDING. A state agency to which money is appropriated to carry out this subchapter shall ensure that the money is distributed equally among the local mental health authorities that employ and supervise non-physician mental health professionals under this subchapter.
Sec. 8.158.  REPORT. (a) Before the last business day of each calendar year, each local mental health authority that employs and supervises a non-physician mental health professional under this subchapter shall prepare and submit a report to the Health and Human Services Commission regarding the outcomes for school districts and students resulting from services provided by the non-physician mental health professional.
(b)  Not later than January 31 of the following calendar year, the Health and Human Services Commission shall compile the information submitted under this section and prepare and provide a preliminary report to the agency for review and input. After receiving the agency's recommendations on the preliminary report, the commission shall prepare and submit a final report to the agency, the lieutenant governor, the speaker of the house of representatives, each standing committee of the legislature having primary jurisdiction over mental health, and each standing committee of the legislature having primary jurisdiction over public education.
SECTION 3.  Section 11.252(a), Education Code, is amended to read as follows:
(a)  Each school district shall have a district improvement plan that is developed, evaluated, and revised annually, in accordance with district policy, by the superintendent with the assistance of the district-level committee established under Section 11.251. The purpose of the district improvement plan is to guide district and campus staff in the improvement of student performance for all student groups in order to attain state standards in respect to the achievement indicators adopted under Section 39.053(c). The district improvement plan must include provisions for:
(1)  a comprehensive needs assessment addressing district student performance on the achievement indicators, and other appropriate measures of performance, that are disaggregated by all student groups served by the district, including categories of ethnicity, socioeconomic status, sex, and populations served by special programs, including students in special education programs under Subchapter A, Chapter 29;
(2)  measurable district performance objectives for all appropriate achievement indicators for all student populations, including students in special education programs under Subchapter A, Chapter 29, and other measures of student performance that may be identified through the comprehensive needs assessment;
(3)  strategies for improvement of student performance that include:
(A)  instructional methods for addressing the needs of student groups not achieving their full potential;
(B)  methods for addressing the needs of students for special programs, including:
(i)  suicide prevention programs, in accordance with Subchapter O-1, Chapter 161, Health and Safety Code, which includes a parental or guardian notification procedure;
(ii)  conflict resolution programs;
(iii)  violence prevention programs; and
(iv)  dyslexia treatment programs;
(C)  dropout reduction;
(D)  integration of technology in instructional and administrative programs;
(E)  discipline management;
(F)  staff development for professional staff of the district;
(G)  career education to assist students in developing the knowledge, skills, and competencies necessary for a broad range of career opportunities; and
(H)  accelerated education;
(4)  strategies for providing to middle school, junior high school, and high school students, those students' teachers and school counselors, and those students' parents information about:
(A)  higher education admissions and financial aid opportunities;
(B)  the TEXAS grant program and the Teach for Texas grant program established under Chapter 56;
(C)  the need for students to make informed curriculum choices to be prepared for success beyond high school; and
(D)  sources of information on higher education admissions and financial aid;
(5)  resources needed to implement identified strategies;
(6)  staff responsible for ensuring the accomplishment of each strategy;
(7)  timelines for ongoing monitoring of the implementation of each improvement strategy;
(8)  formative evaluation criteria for determining periodically whether strategies are resulting in intended improvement of student performance; [and]
(9)  the policy under Section 38.0041 addressing sexual abuse and other maltreatment of children; and
(10)  the trauma-informed care policy required under Section 38.036.
SECTION 4.  Section 12.104(b), Education Code, as amended by Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts of the 85th Legislature, Regular Session, 2017, is reenacted and amended to read as follows:
(b)  An open-enrollment charter school is subject to:
(1)  a provision of this title establishing a criminal offense; and
(2)  a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to:
(A)  the Public Education Information Management System (PEIMS) to the extent necessary to monitor compliance with this subchapter as determined by the commissioner;
(B)  criminal history records under Subchapter C, Chapter 22;
(C)  reading instruments and accelerated reading instruction programs under Section 28.006;
(D)  accelerated instruction under Section 28.0211;
(E)  high school graduation requirements under Section 28.025;
(F)  special education programs under Subchapter A, Chapter 29;
(G)  bilingual education under Subchapter B, Chapter 29;
(H)  prekindergarten programs under Subchapter E or E-1, Chapter 29;
(I)  extracurricular activities under Section 33.081;
(J)  discipline management practices or behavior management techniques under Section 37.0021;
(K)  health and safety under Chapter 38;
(L)  public school accountability under Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
(M)  the requirement under Section 21.006 to report an educator's misconduct;
(N)  intensive programs of instruction under Section 28.0213;
(O)  the right of a school employee to report a crime, as provided by Section 37.148; [and]
(P)  bullying prevention policies and procedures under Section 37.0832;
(Q)  the right of a school under Section 37.0052 to place a student who has engaged in certain bullying behavior in a disciplinary alternative education program or to expel the student; [and]
(R)  the right under Section 37.0151 to report to local law enforcement certain conduct constituting assault or harassment;
(S) [(P)]  a parent's right to information regarding the provision of assistance for learning difficulties to the parent's child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(T)  healthy relationships education under Section 28.004(q); and
(U)  school safety requirements under Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115, 37.207, and 37.2071.
SECTION 5.  Sections 21.054(d) and (d-2), Education Code, are amended to read as follows:
(d)  Continuing education requirements for a classroom teacher must provide that not more than 25 percent of the training required every five years include instruction regarding:
(1)  collecting and analyzing information that will improve effectiveness in the classroom;
(2)  recognizing early warning indicators that a student may be at risk of dropping out of school;
(3)  digital learning, digital teaching, and integrating technology into classroom instruction;
(4)  educating diverse student populations, including:
(A)  students with disabilities, including mental health disorders;
(B)  students who are educationally disadvantaged;
(C)  students of limited English proficiency; and
(D)  students at risk of dropping out of school; [and]
(5)  understanding appropriate relationships, boundaries, and communications between educators and students; and[.]
(6)  [(d-2) Continuing education requirements for a classroom teacher may include instruction regarding] how grief and trauma affect student learning and behavior and how evidence-based, grief-informed, and trauma-informed strategies support the academic success of students affected by grief and trauma.
(d-2)  The instruction required under Subsection (d)(6) must:
(1)  comply with the training required by Section 38.036(c)(1); and
(2)  be approved by the commissioner.
SECTION 6.  Section 25.081(a), Education Code, is amended to read as follows:
(a)  Except as authorized under Subsection (b) of this section, Section 25.0815, Section 25.084, or Section 29.0821, for each school year each school district must operate for at least 75,600 minutes, including time allocated for instruction, intermissions, and recesses for students.
SECTION 7.  Subchapter C, Chapter 25, Education Code, is amended by adding Section 25.0815 to read as follows:
Sec. 25.0815.  OPERATION AND INSTRUCTIONAL TIME WAIVERS FOR SCHOOL SAFETY TRAINING. (a)  The commissioner shall provide a waiver allowing for fewer minutes of operation and instructional time than required under Section 25.081(a) for a school district that requires each educator employed by the district to attend an approved school safety training course.
(b)  A waiver under this section:
(1)  must allow sufficient time for the school district's educators to attend the school safety training course; and
(2)  may not:
(A)  result in an inadequate number of minutes of instructional time for students; or
(B)  reduce the number of minutes of operation and instructional time by more than 420 minutes.
(c)  To be approved under this section, a school safety training course must apply to the Texas School Safety Center. The Texas School Safety Center may approve a training course if the course satisfies the training requirements as determined by the center.
(d)  The commissioner may adopt rules to implement this section.
SECTION 8.  Section 28.002, Education Code, is amended by adding Subsection (z) to read as follows:
(z)  The State Board of Education by rule shall require each school district to incorporate instruction in digital citizenship into the district's curriculum, including information regarding the potential criminal consequences of cyberbullying. In this subsection:
(1)  "Cyberbullying" has the meaning assigned by Section 37.0832.
(2)  "Digital citizenship" means the standards of appropriate, responsible, and healthy online behavior, including the ability to access, analyze, evaluate, create, and act on all forms of digital communication.
SECTION 9.  Section 28.004, Education Code, is amended by amending Subsection (c) and adding Subsections (q) and (r) to read as follows:
(c)  The local school health advisory council's duties include recommending:
(1)  the number of hours of instruction to be provided in health education;
(2)  policies, procedures, strategies, and curriculum appropriate for specific grade levels designed to prevent obesity, cardiovascular disease, Type 2 diabetes, and mental health concerns, including suicide, through coordination of:
(A)  health education;
(B)  physical education and physical activity;
(C)  nutrition services;
(D)  parental involvement;
(E)  instruction to prevent the use of e-cigarettes, as defined by Section 161.081, Health and Safety Code, and tobacco;
(F)  school health services;
(G)  counseling and guidance services;
(H)  a safe and healthy school environment; and
(I)  school employee wellness;
(3)  appropriate grade levels and methods of instruction for human sexuality instruction and healthy relationships education;
(4)  strategies for integrating the curriculum components specified by Subdivision (2) with the following elements in a coordinated school health program for the district:
(A)  school health services;
(B)  counseling and guidance services;
(C)  a safe and healthy school environment; and
(D)  school employee wellness; [and]
(5)  if feasible, joint use agreements or strategies for collaboration between the school district and community organizations or agencies; and
(6)  strategies to increase parental awareness regarding:
(A)  risky behaviors and early warning signs of suicide risks and behavioral health concerns, including mental health disorders and substance use disorders; and
(B)  available community programs and services that address risky behaviors, suicide risks, and behavioral health concerns.
(q)  The board of trustees shall determine the specific content of the district's healthy relationships education with the advice of the local school health advisory council. The curriculum for the healthy relationships education must be age-appropriate and supported by research that is peer-reviewed, conducted in compliance with accepted scientific methods, and recognized as accurate by leading professional organizations and agencies with relevant experience. As age-appropriate, the curriculum must promote relationship, communication, and decision-making skills, including strategies to:
(1)  develop healthy, age-appropriate relationships;
(2)  develop healthy life skills, including critical thinking, problem solving, effective communication, and responsible decision making about relationships; and
(3)  promote effective communication between adolescents and their parents, legal guardians, or other family members about relationships.
(r)  In this section, "age-appropriate" means suitable to particular ages or age groups of children or adolescents, based on developing cognitive, emotional, and behavioral capacity typical for the age or age group.
SECTION 10.  Section 37.0812, Education Code, is amended to read as follows:
Sec. 37.0812.  TRAINING POLICY: SCHOOL DISTRICT PEACE OFFICERS AND SCHOOL RESOURCE OFFICERS. A school district [with an enrollment of 30,000 or more students] that commissions a school district peace officer or at which a school resource officer provides law enforcement shall adopt a policy requiring the officer to complete the education and training program required by Section 1701.263, Occupations Code.
SECTION 11.  Section 37.108, Education Code, is amended by amending Subsections (a), (b), and (c) and adding Subsections (b-1) and (f) to read as follows:
(a)  Each school district or public junior college district shall adopt and implement a multihazard emergency operations plan for use in the district's facilities. The plan must address prevention, mitigation, preparedness, response, and recovery as defined by the Texas School Safety Center in conjunction with the governor's office of homeland security and the commissioner of education or commissioner of higher education, as applicable [in conjunction with the governor's office of homeland security]. The plan must provide for:
(1)  [district employee] training in responding to an emergency for district employees, including substitute teachers;
(2)  measures to ensure district employees, including substitute teachers, have classroom access to a telephone, including a cellular telephone, or another electronic communication device allowing for immediate contact with district emergency services or emergency services agencies, law enforcement agencies, health departments, and fire departments;
(3)  measures to ensure district communications technology and infrastructure are adequate to allow for communication during an emergency;
(4)  if the plan applies to a school district, mandatory school drills and exercises, including drills required under Section 37.114, to prepare district students and employees for responding to an emergency;
(5) [(3)]  measures to ensure coordination with the Department of State Health Services and local emergency management agencies, law enforcement, health departments, and fire departments in the event of an emergency; and
(6) [(4)]  the implementation of a safety and security audit as required by Subsection (b).
(b)  At least once every three years, each school district or public junior college district shall conduct a safety and security audit of the district's facilities. To the extent possible, a district shall follow safety and security audit procedures developed by the Texas School Safety Center or a person included in the registry established by the Texas School Safety Center under Section 37.2091 [comparable public or private entity].
(b-1)  In a school district's safety and security audit required under Subsection (b), the district must certify that the district used the funds provided to the district through the school safety allotment under Section 42.168 only for the purposes provided by that section.
(c)  A school district or public junior college district shall report the results of the safety and security audit conducted under Subsection (b) to the district's board of trustees and, in the manner required by the Texas School Safety Center, to the Texas School Safety Center. The report provided to the Texas School Safety Center under this subsection must be signed by:
(1)  for a school district, the district's board of trustees and superintendent; or
(2)  for a public junior college district, the president of the junior college district.
(f)  A school district shall include in its multihazard emergency operations plan:
(1)  a chain of command that designates the individual responsible for making final decisions during a disaster or emergency situation and identifies other individuals responsible for making those decisions if the designated person is unavailable;
(2)  provisions that address physical and psychological safety for responding to a natural disaster, active shooter, and any other dangerous scenario identified for purposes of this section by the agency or the Texas School Safety Center;
(3)  provisions for ensuring the safety of students in portable buildings;
(4)  provisions for ensuring that students and district personnel with disabilities are provided equal access to safety during a disaster or emergency situation;
(5)  provisions for providing immediate notification to parents, guardians, and other persons standing in parental relation in circumstances involving a significant threat to the health or safety of students, including identification of the individual with responsibility for overseeing the notification;
(6)  provisions for supporting the psychological safety of students, district personnel, and the community during the response and recovery phase following a disaster or emergency situation that:
(A)  are aligned with best practice-based programs and research-based practices recommended under Section 161.325, Health and Safety Code;
(B)  include strategies for ensuring any required professional development training for suicide prevention and grief-informed and trauma-informed care is provided to appropriate school personnel;
(C)  include training on integrating psychological safety strategies into the district's plan, such as psychological first aid for schools training, from an approved list of recommended training established by the commissioner and Texas School Safety Center for:
(i)  members of the district's school safety and security committee under Section 37.109;
(ii)  district school counselors and mental health professionals; and
(iii)  educators and other district personnel as determined by the district;
(D)  include strategies and procedures for integrating and supporting physical and psychological safety that align with the provisions described by Subdivision (2); and
(E)  implement trauma-informed policies;
(7)  a policy for providing a substitute teacher access to school campus buildings and materials necessary for the substitute teacher to carry out the duties of a district employee during an emergency or a mandatory emergency drill; and
(8)  the name of each individual on the district's school safety and security committee established under Section 37.109 and the date of each committee meeting during the preceding year.
SECTION 12.  Subchapter D, Chapter 37, Education Code, is amended by adding Sections 37.1081 and 37.1082 to read as follows:
Sec. 37.1081.  PUBLIC HEARING ON MULTIHAZARD EMERGENCY OPERATIONS PLAN NONCOMPLIANCE. (a)  If the board of trustees of a school district receives notice of noncompliance under Section 37.207(e) or 37.2071(g), the board shall hold a public hearing to notify the public of:
(1)  the district's failure to:
(A)  submit or correct deficiencies in a multihazard emergency operations plan; or
(B)  report the results of a safety and security audit to the Texas School Safety Center as required by law;
(2)  the dates during which the district has not been in compliance; and
(3)  the names of each member of the board of trustees and the superintendent serving in that capacity during the dates the district was not in compliance.
(b)  The school district shall provide the information required under Subsection (a)(3) in writing to each person in attendance at the hearing.
(c)  The board shall give members of the public a reasonable opportunity to appear before the board and to speak on the issue of the district's failure to submit or correct deficiencies in a multihazard emergency operations plan or report the results of a safety and security audit during a hearing held under this section.
(d)  A school district required to hold a public hearing under Subsection (a) shall provide written confirmation to the Texas School Safety Center that the district held the hearing.
Sec. 37.1082.  MULTIHAZARD EMERGENCY OPERATIONS PLAN NONCOMPLIANCE; APPOINTMENT OF CONSERVATOR OR BOARD OF MANAGERS. (a)  If the agency receives notice from the Texas School Safety Center of a school district's failure to submit a multihazard emergency operations plan, the commissioner may appoint a conservator for the district under Chapter 39A. The conservator may order the district to adopt, implement, and submit a multihazard emergency operations plan.
(b)  If a district fails to comply with a conservator's order to adopt, implement, and submit a multihazard emergency operations plan within the time frame imposed by the commissioner, the commissioner may appoint a board of managers under Chapter 39A to oversee the operations of the district.
(c)  The commissioner may adopt rules as necessary to administer this section.
SECTION 13.  Section 37.109, Education Code, is amended by adding Subsections (a-1), (c), and (d) and amending Subsection (b) to read as follows:
(a-1)  The committee, to the greatest extent practicable, must include:
(1)  one or more representatives of an office of emergency management of a county or city in which the district is located;
(2)  one or more representatives of the local police department or sheriff's office;
(3)  one or more representatives of the district's police department, if applicable;
(4)  the president of the district's board of trustees;
(5)  a member of the district's board of trustees other than the president;
(6)  the district's superintendent;
(7)  one or more designees of the district's superintendent, one of whom must be a classroom teacher in the district;
(8)  if the district partners with an open-enrollment charter school to provide instruction to students, a member of the open-enrollment charter school's governing body or a designee of the governing body; and
(9)  two parents or guardians of students enrolled in the district.
(b)  The committee shall:
(1)  participate on behalf of the district in developing and implementing emergency plans consistent with the district multihazard emergency operations plan required by Section 37.108(a) to ensure that the plans reflect specific campus, facility, or support services needs;
(2)  periodically provide recommendations to the district's board of trustees and district administrators regarding updating the district multihazard emergency operations plan required by Section 37.108(a) in accordance with best practices identified by the agency, the Texas School Safety Center, or a person included in the registry established by the Texas School Safety Center under Section 37.2091;
(3)  provide the district with any campus, facility, or support services information required in connection with a safety and security audit required by Section 37.108(b), a safety and security audit report required by Section 37.108(c), or another report required to be submitted by the district to the Texas School Safety Center; [and]
(4) [(3)]  review each report required to be submitted by the district to the Texas School Safety Center to ensure that the report contains accurate and complete information regarding each campus, facility, or support service in accordance with criteria established by the center; and
(5)  consult with local law enforcement agencies on methods to increase law enforcement presence near district campuses.
(c)  Except as otherwise provided by this subsection, the committee shall meet at least once during each academic semester and at least once during the summer. A committee established by a school district that operates schools on a year-round system or in accordance with another alternative schedule shall meet at least three times during each calendar year, with an interval of at least two months between each meeting.
(d)  The committee is subject to Chapter 551, Government Code, and may meet in executive session as provided by that chapter. Notice of a committee meeting must be posted in the same manner as notice of a meeting of the district's board of trustees.
SECTION 14.  Subchapter D, Chapter 37, Education Code, is amended by adding Sections 37.113, 37.114, and 37.115 to read as follows:
Sec. 37.113.  NOTIFICATION REGARDING BOMB THREAT OR TERRORISTIC THREAT. A school district that receives a bomb threat or terroristic threat relating to a campus or other district facility at which students are present shall provide notification of the threat as soon as possible to the parent or guardian of or other person standing in parental relation to each student who is assigned to the campus or who regularly uses the facility, as applicable.
Sec. 37.114.  EMERGENCY EVACUATIONS; MANDATORY SCHOOL DRILLS. The commissioner, in consultation with the Texas School Safety Center and the state fire marshal, shall adopt rules:
(1)  providing procedures for evacuating and securing school property during an emergency; and
(2)  designating the number of mandatory school drills to be conducted each semester of the school year, not to exceed eight drills, including designating the number of:
(A)  evacuation fire exit drills; and
(B)  lockdown, lockout, shelter-in-place, and evacuation drills.
Sec. 37.115.  THREAT ASSESSMENT AND SAFE AND SUPPORTIVE SCHOOL PROGRAM AND TEAM. (a)  In this section:
(1)  "Harmful, threatening, or violent behavior" includes behaviors, such as verbal threats, threats of self harm, bullying, cyberbullying, fighting, the use or possession of a weapon, sexual assault, sexual harassment, dating violence, stalking, or assault, by a student that could result in:
(A)  specific interventions, including mental health or behavioral supports;
(B)  in-school suspension;
(C)  out-of-school suspension; or
(D)  the student's expulsion or removal to a disciplinary alternative education program or a juvenile justice alternative education program.
(2)  "Team" means a threat assessment and safe and supportive school team established by the board of trustees of a school district under this section.
(b)  The agency, in coordination with the Texas School Safety Center, shall adopt rules to establish a safe and supportive school program. The rules shall incorporate research-based best practices for school safety, including providing for:
(1)  physical and psychological safety;
(2)  a multiphase and multihazard approach to prevention, mitigation, preparedness, response, and recovery in a crisis situation;
(3)  a systemic and coordinated multitiered support system that addresses school climate, the social and emotional domain, and behavioral and mental health; and
(4)  multidisciplinary and multiagency collaboration to assess risks and threats in schools and provide appropriate interventions, including rules for the establishment and operation of teams.
(c)  The board of trustees of each school district shall establish a threat assessment and safe and supportive school team to serve at each campus of the district and shall adopt policies and procedures for the teams. The team is responsible for developing and implementing the safe and supportive school program under Subsection (b) at the district campus served by the team. The policies and procedures adopted under this section must:
(1)  be consistent with the model policies and procedures developed by the Texas School Safety Center;
(2)  require each team to complete training provided by the Texas School Safety Center or a regional education service center regarding evidence-based threat assessment programs; and
(3)  require each team established under this section to report the information required under Subsection (j) regarding the team's activities to the agency.
(d)  The superintendent of the district shall ensure that the members appointed to each team have expertise in counseling, behavior management, mental health and substance use, classroom instruction, special education, school administration, school safety and security, emergency management, and law enforcement. A team may serve more than one campus of a school district, provided that each district campus is assigned a team.
(e)  The superintendent of a school district may establish a committee, or assign to an existing committee established by the district, the duty to oversee the operations of teams established for the district. A committee with oversight responsibility under this subsection must include members with expertise in human resources, education, special education, counseling, behavior management, school administration, mental health and substance use, school safety and security, emergency management, and law enforcement.
(f)  Each team shall:
(1)  conduct a threat assessment that includes:
(A)  assessing and reporting individuals who make threats of violence or exhibit harmful, threatening, or violent behavior in accordance with the policies and procedures adopted under Subsection (c); and
(B)  gathering and analyzing data to determine the level of risk and appropriate intervention, including:
(i)  referring a student for mental health assessment; and
(ii)  implementing an escalation procedure, if appropriate based on the team's assessment, in accordance with district policy;
(2)  provide guidance to students and school employees on recognizing harmful, threatening, or violent behavior that may pose a threat to the community, school, or individual; and
(3)  support the district in implementing the district's multihazard emergency operations plan.
(g)  On a determination that a student or other individual poses a serious risk of violence to self or others, a team shall immediately report the team's determination to the superintendent. If the individual is a student, the superintendent shall immediately attempt to inform the parent or person standing in parental relation to the student. The requirements of this subsection do not prevent an employee of the school from acting immediately to prevent an imminent threat or respond to an emergency.
(h)  A team identifying a student at risk of suicide shall act in accordance with the district's suicide prevention program. If the student at risk of suicide also makes a threat of violence to others, the team shall conduct a threat assessment in addition to actions taken in accordance with the district's suicide prevention program.
(i)  A team identifying a student using or possessing tobacco, drugs, or alcohol shall act in accordance with district policies and procedures related to substance use prevention and intervention.
(j)  A team must report to the agency in accordance with guidelines developed by the agency the following information regarding the team's activities and other information for each school district campus the team serves:
(1)  the occupation of each person appointed to the team;
(2)  the number of threats and a description of the type of the threats reported to the team;
(3)  the outcome of each assessment made by the team, including:
(A)  any disciplinary action taken, including a change in school placement;
(B)  any action taken by law enforcement; or
(C)  a referral to or change in counseling, mental health, special education, or other services;
(4)  the total number, disaggregated by student gender, race, and status as receiving special education services, being at risk of dropping out of school, being in foster care, experiencing homelessness, being a dependent of military personnel, being pregnant or a parent, having limited English proficiency, or being a migratory child, of, in connection with an assessment or reported threat by the team:
(A)  citations issued for Class C misdemeanor offenses;
(B)  arrests;
(C)  incidents of uses of restraint;
(D)  changes in school placement, including placement in a juvenile justice alternative education program or disciplinary alternative education program;
(E)  referrals to or changes in counseling, mental health, special education, or other services;
(F)  placements in in-school suspension or out-of-school suspension and incidents of expulsion;
(G)  unexcused absences of 15 or more days during the school year; and
(H)  referrals to juvenile court for truancy; and
(5)  the number and percentage of school personnel trained in:
(A)  a best-practices program or research-based practice under Section 161.325, Health and Safety Code, including the number and percentage of school personnel trained in:
(i)  suicide prevention; or
(ii)  grief and trauma-informed practices;
(B)  mental health or psychological first aid for schools;
(C)  training relating to the safe and supportive school program established under Subsection (b); or
(D)  any other program relating to safety identified by the commissioner.
(k)  The commissioner may adopt rules to implement this section.
SECTION 15.  Section 37.207, Education Code, is amended by adding Subsections (c), (d), and (e) to read as follows:
(c)  In addition to a review of a district's multihazard emergency operations plan under Section 37.2071, the center may require a district to submit its plan for immediate review if the district's audit results indicate that the district is not complying with applicable standards.
(d)  If a district fails to report the results of its audit as required under Subsection (b), the center shall provide the district with written notice that the district has failed to report its audit results and must immediately report the results to the center.
(e)  If six months after the date of the initial notification required by Subsection (d) the district has still not reported the results of its audit to the center, the center shall notify the agency and the district of the district's requirement to conduct a public hearing under Section 37.1081. This subsection applies only to a school district.
SECTION 16.  Subchapter G, Chapter 37, Education Code, is amended by adding Section 37.2071 to read as follows:
Sec. 37.2071.  DISTRICT MULTIHAZARD EMERGENCY OPERATIONS PLAN REVIEW AND VERIFICATION. (a)  The center shall establish a random or need-based cycle for the center's review and verification of school district and public junior college district multihazard emergency operations plans adopted under Section 37.108. The cycle must provide for each district's plan to be reviewed at regular intervals as determined by the center.
(b)  A school district or public junior college district shall submit its multihazard emergency operations plan to the center on request of the center and in accordance with the center's review cycle developed under Subsection (a).
(c)  The center shall review each district's multihazard emergency operations plan submitted under Subsection (b) and:
(1)  verify the plan meets the requirements of Section 37.108; or
(2)  provide the district with written notice:
(A)  describing the plan's deficiencies; and
(B)  stating that the district must correct the deficiencies in its plan and resubmit the revised plan to the center.
(d)  If a district fails to submit its multihazard emergency operations plan to the center for review, the center shall provide the district with written notice stating that the district:
(1)  has failed to submit a plan; and
(2)  must submit a plan to the center for review and verification.
(e)  The center may approve a district multihazard emergency operations plan that has deficiencies if the district submits a revised plan that the center determines will correct the deficiencies.
(f)  If three months after the date of initial notification of a plan's deficiencies under Subsection (c)(2) or failure to submit a plan under Subsection (d) a district has not corrected the plan deficiencies or has failed to submit a plan, the center shall provide written notice to the district and agency that the district has not complied with the requirements of this section and must comply immediately.
(g)  If a school district still has not corrected the plan deficiencies or has failed to submit a plan six months after the date of initial notification under Subsection (c)(2) or (d), the center shall provide written notice to the school district stating that the district must hold a public hearing under Section 37.1081.
(h)  If a school district has failed to submit a plan, the notice required by Subsection (g) must state that the commissioner is authorized to appoint a conservator under Section 37.1082.
(i)  Any document or information collected, developed, or produced during the review and verification of multihazard emergency operations plans under this section is not subject to disclosure under Chapter 552, Government Code.
SECTION 17.  Section 37.2091(d), Education Code, is amended to read as follows:
(d)  The center shall verify the information provided by a person under Subsection (c) to confirm [registry is intended to serve only as an informational resource for school districts and institutions of higher education. The inclusion of a person in the registry is not an indication of] the person's qualifications and [or] ability to provide school safety or security consulting services before adding the person to the registry [or that the center endorses the person's school safety or security consulting services].
SECTION 18.  Subchapter G, Chapter 37, Education Code, is amended by adding Section 37.220 to read as follows:
Sec. 37.220.  MODEL THREAT ASSESSMENT TEAM POLICIES AND PROCEDURES. (a)  The center, in coordination with the agency, shall develop model policies and procedures to assist school districts in establishing and training threat assessment teams.
(b)  The model policies and procedures developed under Subsection (a) must include procedures, when appropriate, for:
(1)  the referral of a student to a local mental health authority or health care provider for evaluation or treatment;
(2)  the referral of a student for a full individual and initial evaluation for special education services under Section 29.004; and
(3)  a student or school personnel to anonymously report dangerous, violent, or unlawful activity that occurs or is threatened to occur on school property or that relates to a student or school personnel.
SECTION 19.  Subchapter A, Chapter 38, Education Code, is amended by adding Section 38.036 to read as follows:
Sec. 38.036.  TRAUMA-INFORMED CARE POLICY. (a)  Each school district shall adopt and implement a policy requiring the integration of trauma-informed practices in each school environment. A district must include the policy in the district improvement plan required under Section 11.252.
(b)  A policy required by this section must address:
(1)  using resources developed by the agency, methods for:
(A)  increasing staff and parent awareness of trauma-informed care; and
(B)  implementation of trauma-informed practices and care by district and campus staff; and
(2)  available counseling options for students affected by trauma or grief.
(c)  The methods under Subsection (b)(1) for increasing awareness and implementation of trauma-informed care must include training as provided by this subsection. The training must be provided:
(1)  through a program selected from the list of recommended best practice-based programs and research-based practices established under Section 161.325, Health and Safety Code;
(2)  as part of any new employee orientation for all new school district educators; and
(3)  to existing school district educators on a schedule adopted by the agency by rule that requires educators to be trained at intervals necessary to keep educators informed of developments in the field.
(d)  For any training under Subsection (c), each school district shall maintain records that include the name of each district staff member who participated in the training.
(e)  Each school district shall report annually to the agency the following information for the district as a whole and for each school campus:
(1)  the number of teachers, principals, and counselors employed by the district who have completed training under this section; and
(2)  the total number of teachers, principals, and counselors employed by the district.
(f)  If a school district determines that the district does not have sufficient resources to provide the training required under Subsection (c), the district may partner with a community mental health organization to provide training that meets the requirements of Subsection (c) at no cost to the district.
(g)  The commissioner shall adopt rules as necessary to administer this section.
SECTION 20.  Subchapter C, Chapter 42, Education Code, is amended by adding Section 42.168 to read as follows:
Sec. 42.168.  SCHOOL SAFETY ALLOTMENT. (a) From funds appropriated for that purpose, the commissioner shall provide to a school district an annual allotment in the amount provided by appropriation for each student in average daily attendance.
(b)  Funds allocated under this section must be used to improve school safety and security, including costs associated with:
(1)  securing school facilities, including:
(A)  improvements to school infrastructure;
(B)  the use or installation of physical barriers; and
(C)  the purchase and maintenance of:
(i)  security cameras or other security equipment; and
(ii)  technology, including communications systems or devices, that facilitates communication and information sharing between students, school personnel, and first responders in an emergency;
(2)  providing security for the district, including:
(A)  employing school district peace officers, private security officers, and school marshals; and
(B)  collaborating with local law enforcement agencies, such as entering into a memorandum of understanding for the assignment of school resource officers to schools in the district; and
(3)  school safety and security training and planning, including:
(A)  active shooter and emergency response training;
(B)  prevention and treatment programs relating to addressing adverse childhood experiences; and
(C)  the prevention, identification, and management of emergencies and threats, including:
(i)  providing mental health personnel and support;
(ii)  providing behavioral health services; and
(iii)  establishing threat reporting systems.
(c)  A school district may use funds allocated under this section for equipment or software that is used for a school safety and security purpose and an instructional purpose, provided that the instructional use does not compromise the safety and security purpose of the equipment or software.
(d)  A school district that is required to take action under Chapter 41 to reduce its wealth per student to the equalized wealth level is entitled to a credit, in the amount of the allotments to which the district is to receive as provided by appropriation, against the total amount required under Section 41.093 for the district to purchase attendance credits.
(e)  The commissioner may adopt rules to implement this section.
SECTION 21.  Section 45.001(a), Education Code, is amended to read as follows:
(a)  The governing board of an independent school district, including the city council or commission that has jurisdiction over a municipally controlled independent school district, the governing board of a rural high school district, and the commissioners court of a county, on behalf of each common school district under its jurisdiction, may:
(1)  issue bonds for:
(A)  the construction, acquisition, and equipment of school buildings in the district;
(B)  the acquisition of property or the refinancing of property financed under a contract entered under Subchapter A, Chapter 271, Local Government Code, regardless of whether payment obligations under the contract are due in the current year or a future year;
(C)  the purchase of the necessary sites for school buildings; [and]
(D)  the purchase of new school buses;
(E)  the retrofitting of school buses with emergency, safety, or security equipment; and
(F)  the purchase or retrofitting of vehicles to be used for emergency, safety, or security purposes; and
(2)  [may] levy, pledge, assess, and collect annual ad valorem taxes sufficient to pay the principal of and interest on the bonds as or before the principal and interest become due, subject to Section 45.003.
SECTION 22.  Section 161.325(d), Health and Safety Code, is amended to read as follows:
(d)  A school district may develop practices and procedures concerning each area listed in Subsection (a-1), including mental health promotion and intervention, substance abuse prevention and intervention, and suicide prevention, that:
(1)  include a procedure for providing educational material to all parents and families in the district that contains information on identifying risk factors, accessing resources for treatment or support provided on and off campus, and accessing available student accommodations provided on campus;
(2)  include a procedure for providing notice of a recommendation for early mental health or substance abuse intervention regarding a student to a parent or guardian of the student within a reasonable amount of time after the identification of early warning signs as described by Subsection (b)(2);
(3) [(2)]  include a procedure for providing notice of a student identified as at risk of committing suicide to a parent or guardian of the student within a reasonable amount of time after the identification of early warning signs as described by Subsection (b)(2);
(4) [(3)]  establish that the district may develop a reporting mechanism and may designate at least one person to act as a liaison officer in the district for the purposes of identifying students in need of early mental health or substance abuse intervention or suicide prevention; and
(5) [(4)]  set out available counseling alternatives for a parent or guardian to consider when their child is identified as possibly being in need of early mental health or substance abuse intervention or suicide prevention.
SECTION 23.  Section 1701.263(b), Occupations Code, is amended to read as follows:
(b)  The commission by rule shall require a school district peace officer or a school resource officer who is commissioned by or who provides law enforcement at a school district [with an enrollment of 30,000 or more students] to successfully complete an education and training program described by this section before or within 180 [120] days of the officer's commission by or placement in the district or a campus of the district. The program must:
(1)  consist of at least 16 hours of training;
(2)  be approved by the commission; and
(3)  provide training in accordance with the curriculum developed under Section 1701.262 in each subject area listed in Subsection (c) of that section.
SECTION 24.  Not later than January 1, 2020:
(1)  the Texas School Safety Center shall:
(A)  develop a list of best practices for ensuring the safety of public school students receiving instruction in portable buildings; and
(B)  provide information regarding the list of best practices to school districts using portable buildings for student instruction;
(2)  the commissioner of education shall adopt or amend rules as required by Section 7.061, Education Code, as added by this Act; and
(3)  the commissioner of education, in consultation with the Texas School Safety Center and the state fire marshal, shall adopt rules as required by Section 37.114, Education Code, as added by this Act.
SECTION 25.  (a) Notwithstanding Section 1701.263(b), Occupations Code, as amended by this Act, a school district peace officer or school resource officer who commences employment with or commences providing law enforcement at a school district with an enrollment of fewer than 30,000 students on a date occurring before September 1, 2019, shall complete the training required by Section 1701.263, Occupations Code, as amended by this Act, as soon as practicable and not later than August 31, 2020. This subsection does not apply to an officer who is exempt from the training established under Section 1701.263, Occupations Code, as amended by this Act, because the officer has completed the training described by Subsection (b-1) of that section.
(b)  Not later than October 1, 2019, a school district with an enrollment of fewer than 30,000 students shall adopt the training policy for school district peace officers and school resource officers required by Section 37.0812, Education Code, as amended by this Act.
SECTION 26.  (a) Except as provided by Subsection (b) of this section, Section 28.002(z), Education Code, as added by this Act, and Section 28.004, Education Code, as amended by this Act, apply beginning with the 2019-2020 school year.
(b)  Sections 12.104(b)(2)(T) and 28.004(q) and (r), Education Code, as added by this Act, and Section 28.004(c)(3), Education Code, as amended by this Act, apply beginning with the 2020-2021 school year.
SECTION 27.  The Texas Education Agency and the Texas School Safety Center are required to implement a provision of this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the Texas Education Agency or the Texas School Safety Center may, but is not required to, implement a provision of this Act using other appropriations available for that purpose.
SECTION 28.  To the extent of any conflict, this Act prevails over another Act of the 86th Legislature, Regular Session, 2019, relating to nonsubstantive additions to and corrections in enacted codes.
SECTION 29.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2019.

Floor Amendment No. 1

Amend CSSB 11 (house committee report) on page 28, between lines 18 and 19, by inserting the following appropriately lettered subsection and relettering subsequent subsections of the section accordingly:
( )  A team may not provide a mental health care service to a student who is under 18 years of age unless the team obtains written consent from the parent of or person standing in parental relation to the student before providing the mental health care service. The consent required by this subsection must be submitted on a form developed by the school district that complies with all applicable state and federal law. The student's parent or person standing in parental relation to the student may give consent for a student to receive ongoing services or may limit consent to one or more services provided on a single occasion.

Floor Amendment No. 2

Amend CSSB 11 (house committee report) by striking SECTION 2 of the bill (page 2, line 1, through page 6, line 15) and renumbering subsequent SECTIONS of the bill accordingly.

Floor Amendment No. 3

Amend CSSB 11 (house committee report) as follows:
(1)  On page 13, line 20, immediately following "by", insert "amending Subsection (a) and".
(2)  On page 13, between lines 21 and 22, insert the following:
(a)  Each school district that offers kindergarten through grade 12 shall offer, as a required curriculum:
(1)  a foundation curriculum that includes:
(A)  English language arts;
(B)  mathematics;
(C)  science; and
(D)  social studies, consisting of Texas, United States, and world history, government, economics, with emphasis on the free enterprise system and its benefits, and geography; and
(2)  an enrichment curriculum that includes:
(A)  to the extent possible, languages other than English;
(B)  health, with emphasis on:
(i)  physical health, including the importance of proper nutrition and exercise;
(ii)  mental health, including instruction about mental health conditions, substance abuse, skills to manage emotions, establishing and maintaining positive relationships, and responsible decision-making; and
(iii)  suicide prevention, including recognizing suicide-related risk factors and warning signs;
(C)  physical education;
(D)  fine arts;
(E)  career and technology education;
(F)  technology applications;
(G)  religious literature, including the Hebrew Scriptures (Old Testament) and New Testament, and its impact on history and literature; and
(H)  personal financial literacy.
(3)  On page 42, lines 14 and 15, strike "Section 28.002(z), Education Code, as added by this Act, and Section" and substitute "Sections 28.002 and".

Floor Amendment No. 4

Amend CSSB 11 (house committee report) as follows:
(1)  On page 14, line 7, strike "(q) and (r)" and substitute "(o), (q), and (r)".
(2)  On page 15, between lines 21 and 22, insert the following:
(o)  The local school health advisory council shall make policy recommendations to the district to increase parental awareness of suicide-related risk factors and warning signs and available community suicide prevention services.

Floor Amendment No. 5

Amend CSSB 11 (house committee report) on page 20, line 4, between "safety" and "strategies", by inserting "and suicide prevention".

Floor Amendment No. 6

Amend CSSB 11 (house committee report) as follows:
(1)  On page 37, line 23, strike "and".
(2)  On page 38, line 4, between "systems" and the underlined period, insert the following appropriately lettered paragraph and reletter subsequent paragraphs of the subdivision accordingly:
; and
( )  providing programs related to suicide prevention, intervention, and postvention

Floor Amendment No. 7

Amend CSSB 11 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ___.  Section 21.451(d), Education Code, is amended to read as follows:
(d)  The staff development:
(1)  may include training in:
(A)  technology;
(B)  conflict resolution;
(C)  discipline strategies, including classroom management, district discipline policies, and the student code of conduct adopted under Section 37.001 and Chapter 37;
(D)  preventing, identifying, responding to, and reporting incidents of bullying; and
(E)  digital learning;
(2)  subject to Subsection (e) and to Section 21.3541 and rules adopted under that section, must include training that is evidence-based, as defined by Section 8101, Every Student Succeeds Act (20 U.S.C. Section 7801), that:
(A)  relates to instruction of students with disabilities; and
(B)  is designed for educators who work primarily outside the area of special education; and
(3)  must include suicide prevention training that must be provided:
(A)  on an annual basis, as part of a new employee orientation, to all new school district and open-enrollment charter school educators; and
(B)  to existing school district and open-enrollment charter school educators at least once every five years [on a schedule adopted by the agency by rule].

Floor Amendment No. 8

Amend CSSB 11 (house committee report), by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Chapter 38, Education Code, is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. MENTAL HEALTH RESOURCES
Sec. 38.251.  RUBRIC TO IDENTIFY RESOURCES. (a) The agency shall develop a rubric for use by regional education service centers in identifying resources related to student mental health that are available to schools in their respective regions. The agency shall develop the rubric in conjunction with:
(1)  the Health and Human Services Commission;
(2)  the Department of Family and Protective Services;
(3)  the Texas Juvenile Justice Department;
(4)  the Texas Higher Education Coordinating Board;
(5)  the Texas Workforce Commission; and
(6)  any other state agency the agency considers appropriate.
(b)  The rubric developed by the agency must provide for the identification of resources relating to:
(1)  training and technical assistance on practices that support the mental health of students;
(2)  school-based programs that provide prevention or intervention services to students;
(3)  community-based programs that provide school-based or school-connected prevention or intervention services to students;
(4)  Communities In Schools programs described by Subchapter E, Chapter 33;
(5)  school-based mental health providers; and
(6)  public and private funding sources available to address the mental health of students.
(c)  Not later than December 1 of each odd-numbered year, the agency shall revise the rubric as necessary to reflect changes in resources that may be available to schools and provide the rubric to each regional education service center.
Sec. 38.252.  REGIONAL INVENTORY OF MENTAL HEALTH RESOURCES. (a) Each regional education service center shall use the rubric developed under Section 38.251 to identify resources related to student mental health available to schools in the center's region, including evidence-based and promising programs and best practices, that:
(1)  create school environments that support the social, emotional, and academic development of students;
(2)  identify students who may need additional behavioral or mental health support before issues arise;
(3)  provide early, effective interventions to students in need of additional support;
(4)  connect students and their families to specialized services in the school or community when needed; and
(5)  assist schools in aligning resources necessary to address the mental health of students.
(b)  A regional education service center may consult with any entity the center considers necessary in identifying resources under Subsection (a), including:
(1)  school districts;
(2)  local mental health authorities;
(3)  community mental health services providers;
(4)  education groups;
(5)  hospitals; and
(6)  institutions of higher education.
(c)  Not later than March 1 of each even-numbered year, each regional education service center shall:
(1)  use the revised rubric received from the agency under Section 38.251 to identify, in the manner provided by this section, any additional resources that may be available to schools in the center's region; and
(2)  submit to the agency a report on resources identified through the process, including any additional resources identified under Subdivision (1).
Sec. 38.253.  STATEWIDE INVENTORY OF MENTAL HEALTH RESOURCES. (a) The agency shall develop a list of statewide resources available to school districts to address the mental health of students, including:
(1)  training and technical assistance on practices that support the mental health of students;
(2)  school-based programs that provide prevention or intervention services to students;
(3)  community-based programs that provide school-based or school-connected prevention or intervention services to students;
(4)  school-based mental health providers; and
(5)  public and private funding sources available to address the mental health of students.
(b)  In developing the list required under Subsection (a), the agency shall collaborate with:
(1)  the Health and Human Services Commission;
(2)  the Department of Family and Protective Services;
(3)  the Texas Juvenile Justice Department;
(4)  the Texas Higher Education Coordinating Board;
(5)  the Texas Workforce Commission;
(6)  one or more representatives of Communities In Schools programs described by Subchapter E, Chapter 33, who are designated by the Communities In Schools State Office;
(7)  hospitals or other health care providers;
(8)  community service providers;
(9)  parent, educator, and advocacy groups; and
(10)  any entity the agency determines can assist the agency in compiling the list.
(c)  The agency shall include on the list any resource available through an entity identified as a resource under Subsection (b), including an entity described by Subsection (b), that provides evidence-based and promising programs and best practices that:
(1)  create school environments that support the social, emotional, and academic development of students;
(2)  identify students who may need additional behavioral or mental health support before issues arise;
(3)  provide early, effective interventions to students in need of additional support; and
(4)  connect students and their families to specialized services in the school or community when needed.
(d)  The agency shall revise the list not later than March 1 of each even-numbered year.
Sec. 38.254.  STATEWIDE PLAN FOR STUDENT MENTAL HEALTH. (a) The agency shall develop a statewide plan to ensure all students have access to adequate mental health resources. The agency shall include in the plan:
(1)  a description of any revisions made to the rubric required by Section 38.251;
(2)  the results of the most recent regional inventory of mental health resources required by Section 38.252, including any additional resources identified;
(3)  the results of the most recent statewide inventory of mental health resources required by Section 38.253, including any additional resources identified;
(4)  the agency's goals for student mental health access to be applied across the state, including goals relating to:
(A)  methods to objectively measure positive school climate;
(B)  increasing the availability of early, effective school-based or school-connected mental health interventions and resources for students in need of additional support; and
(C)  increasing the availability of referrals for students and families to specialized services for students in need of additional support outside the school;
(5)  a list of actions the commissioner may take without legislative action to help all districts reach the agency's goals described by the plan; and
(6)  recommendations to the legislature on methods to ensure that all districts can meet the agency's goals described in the plan through legislative appropriations or other action by the legislature.
(b)  In developing the agency's goals under Subsection (a)(4), the agency shall consult with any person the agency believes is necessary to the development of the goals, including:
(1)  educators;
(2)  mental health practitioners;
(3)  advocacy groups; and
(4)  parents.
(c)  The agency shall revise the plan not later than April 1 of each even-numbered year.
(d)  As soon as practicable after completing or revising the plan, the agency shall:
(1)  submit an electronic copy of the plan to the legislature;
(2)  post the plan on the agency's Internet website; and
(3)  hold public meetings in each regional education service center's region to present the statewide plan and shall provide an opportunity for public comment at each meeting.
Sec. 38.255.  AGENCY USE OF STATEWIDE PLAN. (a) The agency shall use the statewide plan for student mental health required by Section 38.254 to develop and revise the agency's long-term strategic plan.
(b)  The agency shall use the recommendations to the legislature required by Section 38.254(a)(6) to develop each agency legislative appropriations request.
Sec. 38.256.  REPORTS TO LEGISLATURE. In addition to any other information required to be provided to the legislature under this chapter, not later than November 1 of each even-numbered year the agency shall provide to the legislature:
(1)  a description of any changes the agency has made to the rubric required by Section 38.251; and
(2)  an analysis of each region's progress toward meeting the agency's goals developed under Section 38.254.
SECTION ____.  (a) Not later than December 1, 2019, the Texas Education Agency shall develop and distribute to each regional education service center the rubric required by Section 38.251, Education Code, as added by this Act.
(b)  Not later than March 1, 2020:
(1)  each regional education service center shall complete the regional inventory of mental health resources required by Section 38.252, Education Code, as added by this Act, and report to the Texas Education Agency on the resources identified through the inventory; and
(2)  the Texas Education Agency shall complete the statewide inventory of mental health resources required by Section 38.253, Education Code, as added by this Act, and develop a list of resources available to school districts statewide to address the mental health of students.
(c)  Not later than April 1, 2020, the Texas Education Agency shall develop the statewide plan for student mental health required by Section 38.254, Education Code, as added by this Act, submit an electronic copy of the plan to the legislature, and post the plan on the agency's Internet website.

Floor Amendment No. 9

Amend the Allison Amendment No. 8 to CSSB 11 (house committee printing) by inserting the following appropriately numbered SECTIONS as follows:
(1)  On page 1, between lines 15 and 16, insert the following appropriately numbered subdivision and renumber any remaining subdivisions accordingly:
"(____) the Texas Child Mental Health Consortium;"
(2)  On page 3, between lines 30 and 31, insert the following appropriately numbered subdivision and renumber any remaining subdivisions accordingly:
"(____) the Texas Child Mental Health Consortium;"
(3)  Insert the following appropriately numbered SECTIONS and renumber any remaining SECTIONS accordingly:
SECTION ____. Subtitle G, Title 2, Education Code, is amended by adding Chapter 39 to read as follows:
CHAPTER 39. TEXAS CHILD MENTAL HEALTH CARE CONSORTIUM
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 39.001. DEFINITIONS. In this chapter:
(1)  "Community mental health provider" means an entity that provides mental health care services at a local level, including a local mental health authority.
(2)  "Consortium" means the Texas Child Mental Health Care Consortium.
(3)  "Executive committee" means the executive committee of the consortium.
SUBCHAPTER B. CONSORTIUM
Sec. 39.051. ESTABLISHMENT; PURPOSE. The Texas Mental Health Care Consortium is established to:
(1)  leverage the expertise and capacity of the health-related institutions of higher education listed in Section 39.052 to address urgent mental health challenges related to, and improve the mental health care system in this state, for children and adolescents; and
(2)  enhance the state's ability to address mental health care needs of children and adolescents through collaboration of the health-related institutions of higher education listed in Section 39.052.
Sec. 39.052. COMPOSITION. The consortium is composed of:
(1)  the following health-related institutions of higher education:
(A)  Baylor College of Medicine;
(B)  Texas A&M University System Health Science Center;
(C)  Texas Tech University Health Sciences Center;
(D)  Texas Tech University Health Sciences Center at El Paso;
(E)  University of North Texas Health Science Center at Fort Worth;
(F)  The Dell Medical School at The University of Texas at Austin;
(G)  The University of Texas M.D. Anderson Cancer Center;
(H)  The University of Texas Medical Branch at Galveston;
(I)  The University of Texas Health Science Center at Houston;
(J)  The University of Texas Health Science Center at San Antonio;
(K)  The University of Texas Rio Grande Valley School of Medicine;
(L)  The University of Texas Health Science Center at Tyler; and
(M)  The University of Texas Southwestern Medical Center;
(2)  the Health and Human Services Commission;
(3)  the Texas Higher Education Coordinating Board;
(4)  three nonprofit organizations that focus on mental health care, designated by a majority of the members described by Subdivision (1); and
(5)  any other entity that the executive committee considers necessary.
Sec. 39.053. ADMINISTRATIVE ATTACHMENT. The consortium is administratively attached to the Texas Higher Education Coordinating Board for the purpose of receiving and administering appropriations and other funds under this chapter. The board is not responsible for providing to the consortium staff human resources, contract monitoring, purchasing, or any other administrative support services.
SUBCHAPTER C. EXECUTIVE COMMITTEE
Sec. 39.0101. EXECUTIVE COMMITTEE COMPOSITION. (a) The consortium is governed by an executive committee composed of the following members:
(1)  the chair of the academic department of psychiatry of each of the health-related institutions of higher education listed in Section 39.052 or a licensed psychiatrist, including a child-adolescent psychiatrist, designated by the chair to serve in the chair's place;
(2)  a representative of the Health and Human Services Commission with expertise in the delivery of mental health care services, appointed by the executive commissioner;
(3)  a representative of the Health and Human Services Commission with expertise in mental health facilities, appointed by the executive commissioner;
(4)  a representative of the Texas Higher Education Coordinating Board, appointed by the commissioner of the coordinating board;
(5)  a representative of each nonprofit organization described by Section 39.052 that is part of the consortium, designated by a majority of the members described by Subdivision (1);
(6)  a representative of a hospital system in this state, designated by a majority of the members described by Subdivision (1); and
(7)  any other representative designated:
(A)  under Subsection (b); or
(B)  by a majority of the members described by Subdivision (1) at the request of the executive committee.
(b)  The president of each of the health-related institutions of higher education listed in Section 39.052 may designate a representative to serve on the executive committee.
Sec. 39.0102. VACANCY. A vacancy on the executive committee shall be filled in the same manner as the original appointment.
Sec. 39.0103. PRESIDING OFFICER. The executive committee shall elect a presiding officer from among the membership of the executive committee.
Sec. 39.0104. STATEWIDE BEHAVIORAL HEALTH COORDINATING COUNCIL. The consortium shall designate a member of the executive committee to represent the consortium on the statewide behavioral health coordinating council.
Sec. 39.0105. GENERAL DUTIES. The executive committee shall:
(1)  coordinate the provision of funding to the health-related institutions of higher education listed in Section 39.052 to carry out the purposes of this chapter;
(2)  establish procedures and policies for the administration of funds under this chapter;
(3)  monitor funding and agreements entered into under this chapter to ensure recipients of funding comply with the terms and conditions of the funding and agreements; and
(4)  establish procedures to document compliance by executive committee members and staff with applicable laws governing conflicts of interest.
SUBCHAPTER D. ACCESS TO CARE
Sec. 39.0151. CHILD PSYCHIATRY ACCESS NETWORK AND TELEMEDICINE AND TELEHEALTH PROGRAMS.  (a)  The consortium shall establish a network of comprehensive child psychiatry access centers. A center established under this section shall:
(1)  be located at a health-related institution of higher education listed in Section 39.052; and
(2)  provide consultation services and training opportunities for non-physician mental health professionals employed under Section 8.152, pediatricians, and primary care providers operating in the center's geographic region to better care for children and youth with behavioral health needs.
(b)  The consortium shall establish or expand telemedicine or telehealth programs for identifying and assessing behavioral health needs and providing access to mental health care services. The consortium shall implement this subsection with a focus on the behavioral health needs of at-risk children and adolescents.
(c)  A health-related institution of higher education listed in Section 39.052 may enter into a memorandum of understanding with a community mental health provider to:
(1)  establish a center under Subsection (a); or
(2)  establish or expand a program under Subsection (b).
(d)  The consortium shall leverage the resources of a hospital system under Subsection (a) or (b) if the hospital system:
(1)  provides consultation services and training opportunities for non-physician mental health professionals employed under Section 8.152, pediatricians, and primary care providers that are consistent with those described by Subsection (a); and
(2)  has an existing telemedicine or telehealth program for identifying and assessing the behavioral health needs of and providing access to mental health care services for children and adolescents.
Sec. 39.0152. CONSENT REQUIRED FOR SERVICES TO MINOR. (a) A person may provide mental health care services to a child younger than 18 years of age through a program established under this subchapter only if the person obtains the written consent of the parent of legal guardian of the child.
(b)  The consortium shall develop and post on its Internet website a model form for a parent or legal guardian to provide consent under this section.
(c)  This section does not apply to services provided by a school counselor in accordance with Section 33.05, 33.06, or 33.07, Education Code.
Sec. 39.0153. REIMBURSEMENT FOR SERVICES. A child psychiatry access center established under Section 39.0151(a) may not submit an insurance claim or charge a pediatrician or primary care provider a fee for providing consultation services or training opportunities under this section.
SUBCHAPTER E. CHILD MENTAL HEALTH WORKFORCE
Sec. 39.0201. CHILD PSYCHIATRY WORKFORCE EXPANSION. (a) The executive committee may provide funding to a health-related institution of higher education listed in Section 39.052 for the purposes of funding:
(1)  two full-time psychiatrists who treat children and adolescents to serve as academic medical director at a facility operated by a community mental health provider; and
(2)  two new resident rotation positions.
(b)  An academic medical director described by Subsection (a) shall collaborate and coordinate with a community mental health provider to expand the amount and availability of mental health care resources by developing training opportunities for residents and supervising residents at a facility operated by the community mental health provider.
(c)  An institution of higher education that receives funding under Subsection (a) shall require that psychiatric residents participate in rotations through the facility operated by the community mental health provider in accordance with Subsection (b).
Sec. 39.0202. CHILD AND ADOLESCENT PSYCHIATRY FELLOWSHIP. (a) The executive committee may provide funding to a health-related institution of higher education listed in Section 39.052 for the purpose of funding a physician fellowship position that will lead to a medical specialty in the diagnosis and treatment of psychiatric and associated behavioral health issues affecting children and adolescents.
(b)  The funding provided to a health-related institution of higher education under this section must be used to increase the number of fellowship positions at the institution and may not be used to replace existing funding for the institution.
SUBCHAPTER F. MISCELLANEOUS PROVISIONS
Sec. 39.0251. BIENNIAL REPORT. Not later than December 1 of each even-numbered year, the consortium shall prepare and submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the standing committee of each house of the legislature with primary jurisdiction over behavioral health issues and post on its Internet website a written report that outlines:
(1)  the activities and objectives of the consortium;
(2)  the health-related institutions of higher education listed in Section 39.052 that receive funding by the executive committee; and
(3)  any legislative recommendations based on the activities and objectives described by Subdivision (1).
Sec. 39.0252. APPROPRIATION CONTINGENCY. The consortium is required to implement a provision of this chapter only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the consortium may, but is not required to, implement a provision of this chapter.
SECTION ____. As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission, the commissioner of the Texas Higher Education Coordinating Board, and the members of the executive committee described by Section 39.0101(a)(1), Education Code, as added by this Act, shall make the appointments and designations required by Section 39.0101, Education Code, as added by this Act.

The amendments were read.

Senator Taylor submitted a Motion In Writing that the Senate do not concur in the House amendments, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.

The Motion In Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on SB 11 before appointment.

There were no motions offered.

The Presiding Officer announced the appointment of the following conferees on the part of the Senate:  Senators Taylor, Chair; Nelson, Lucio, Watson, and Campbell.

SENATE BILL 20 WITH HOUSE AMENDMENTS
(Motion In Writing)

Senator Huffman called SB 20 from the President's table for consideration of the House amendments to the bill.

The Presiding Officer laid the bill and the House amendments before the Senate.

Amendment

Amend SB 20 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the reporting regarding, investigation of, prosecution of, criminal and civil penalties for, and other consequences of prostitution, trafficking of persons, and related criminal offenses, to services and compensation available to victims of those offenses, and to orders of nondisclosure for persons who committed certain of those offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TRAFFICKING OF PERSONS AND CONTINUOUS TRAFFICKING OF PERSONS
SECTION 1.01.  Section 20A.01, Penal Code, is amended by adding Subdivision (1-a) to read as follows:
(1-a)  "Coercion" as defined by Section 1.07 includes destroying, concealing, confiscating, or withholding from a person, or threatening to destroy, conceal, confiscate, or withhold from a person, the person's actual or purported:
(A)  government records; or
(B)  identifying information or documents.
SECTION 1.02.  Section 3.03(b), Penal Code, is amended to read as follows:
(b)  If the accused is found guilty of more than one offense arising out of the same criminal episode, the sentences may run concurrently or consecutively if each sentence is for a conviction of:
(1)  an offense:
(A)  under Section 49.07 or 49.08, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or
(B)  for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of both sections;
(2)  an offense:
(A)  under Section 33.021 or an offense under Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed against a victim younger than 17 years of age at the time of the commission of the offense regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or
(B)  for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A) committed against a victim younger than 17 years of age at the time of the commission of the offense regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section;
(3)  an offense:
(A)  under Section 21.15 or 43.26, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or
(B)  for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of both sections;
(4)  an offense for which the judgment in the case contains an affirmative finding under Article 42.0197, Code of Criminal Procedure;
(5)  an offense:
(A)  under Section 20A.02, 20A.03, or 43.05, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section [both sections]; or
(B)  for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section [both sections]; or
(6)  an offense:
(A)  under Section 22.04(a)(1) or (2) or Section 22.04(a-1)(1) or (2) that is punishable as a felony of the first degree, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or
(B)  for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A) and punishable as described by that paragraph, regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section.
SECTION 1.03.  The following provisions are repealed:
(1)  Section 402.035(h), Government Code, as amended by Chapter 762 (S.B. 2039), Acts of the 85th Legislature, Regular Session, 2017, and repealed by Chapter 685 (H.B. 29), Acts of the 85th Legislature, Regular Session, 2017; and
(2)  Section 20A.02(a-1), Penal Code.
SECTION 1.04.  The change in law made by this article applies 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 was committed before that date.
ARTICLE 2. COMMUNITY SUPERVISION FOR CERTAIN PROSTITUTION OFFENSES
SECTION 2.01.  Subchapter K, Chapter 42A, Code of Criminal Procedure, is amended by adding Article 42A.515 to read as follows:
Art. 42A.515.  COMMUNITY SUPERVISION FOR CERTAIN PROSTITUTION OFFENSES. (a)  Except as provided by Subsection (e), on a defendant's conviction of a Class B misdemeanor under Section 43.02(a), Penal Code, the judge shall suspend imposition of the sentence and place the defendant on community supervision.
(b)  Except as provided by Subsection (e), on a defendant's conviction of a state jail felony under Section 43.02(c)(2), Penal Code, that is punished under Section 12.35(a), Penal Code, the judge shall suspend the imposition of the sentence and place the defendant on community supervision. This subsection does not apply to a defendant who has previously been convicted of any other state jail felony under Section 43.02(c)(2), Penal Code, that is punished under Section 12.35, Penal Code.
(c)  A judge who places a defendant on community supervision under Subsection (a) or (b) shall require as a condition of community supervision that the defendant participate in a commercially sexually exploited persons court program established under Chapter 126, Government Code, if a program has been established for the county or municipality where the defendant resides. Sections 126.002(b) and (c), Government Code, do not apply with respect to a defendant required to participate in the court program under this subsection.
(d)  A judge who requires a defendant to participate in a commercially sexually exploited persons court program under Subsection (c) may suspend in whole or in part the imposition of the program fee described by Section 126.006, Government Code.
(e)  In any case in which the jury assesses punishment, the judge must follow the recommendations of the jury in suspending the imposition of a sentence or ordering a sentence to be executed.  If a jury assessing punishment does not recommend community supervision, the judge must order the sentence to be executed in whole.
(f)  The judge may suspend in whole or in part the imposition of any fine imposed on conviction.
SECTION 2.02.  Article 42A.551(d), Code of Criminal Procedure, is amended to read as follows:
(d)  On conviction of a state jail felony punished under Section 12.35(a), Penal Code, other than a state jail felony listed in Subsection (a) or to which Article 42A.515 applies, subject to Subsection (e), the judge may:
(1)  suspend the imposition of the sentence and place the defendant on community supervision; or
(2)  order the sentence to be executed:
(A)  in whole; or
(B)  in part, with a period of community supervision to begin immediately on release of the defendant from confinement.
SECTION 2.03.  Section 402.035, Government Code, is amended by adding Subsection (f-3) to read as follows:
(f-3)  The attorney general may enter into a contract with an institution of higher education or private or independent institution of higher education, as those terms are defined by Section 61.003, Education Code, for the institution's assistance in the collection and analysis of information received under this section. The attorney general may adopt rules to administer the submission and collection of information under this section.
SECTION 2.04.  The change in law made by this article applies 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.
ARTICLE 3. ONLINE PROMOTION OF PROSTITUTION
SECTION 3.01.  Section 43.01, Penal Code, is amended by amending Subdivisions (1) and (1-a) and adding Subdivisions (1-b), (1-c), (1-d), and (1-e) to read as follows:
(1)  "Access software provider" means a provider of software, including client or server software, or enabling tools that perform one or more of the following functions:
(A)  filter, screen, allow, or disallow content;
(B)  select, analyze, or digest content; or
(C)  transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate content.
(1-a) [(1)]  "Deviate sexual intercourse" means any contact between the genitals of one person and the mouth or anus of another person.
(1-b) [(1-a)]  "Fee" means the payment or offer of payment in the form of money, goods, services, or other benefit.
(1-c)  "Information content provider" means any person or entity that is wholly or partly responsible for the creation or development of information provided through the Internet or any other interactive computer service.
(1-d)  "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access to a computer server by multiple users, including a service or system that provides access to the Internet or a system operated or service offered by a library or educational institution.
(1-e)  "Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks.
SECTION 3.02.  Subchapter A, Chapter 43, Penal Code, is amended by adding Sections 43.031 and 43.041 to read as follows:
Sec. 43.031.  ONLINE PROMOTION OF PROSTITUTION. (a)  A person commits an offense if the person owns, manages, or operates an interactive computer service or information content provider, or operates as an information content provider, with the intent to promote the prostitution of another person or facilitate another person to engage in prostitution.
(b)  An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor:
(1)  has been previously convicted of an offense under this section or Section 43.041; or
(2)  engages in conduct described by Subsection (a) involving a person younger than 18 years of age engaging in prostitution, regardless of whether the actor knows the age of the person at the time of the offense.
Sec. 43.041.  AGGRAVATED ONLINE PROMOTION OF PROSTITUTION. (a)  A person commits an offense if the person owns, manages, or operates an interactive computer service or information content provider, or operates as an information content provider, with the intent to promote the prostitution of five or more persons or facilitate five or more persons to engage in prostitution.
(b)  An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if the actor:
(1)  has been previously convicted of an offense under this section; or
(2)  engages in conduct described by Subsection (a) involving two or more persons younger than 18 years of age engaging in prostitution, regardless of whether the actor knows the age of the persons at the time of the offense.
SECTION 3.03.  Section 98A.001, Civil Practice and Remedies Code, is amended by adding Subdivisions (1-a) and (4-a) to read as follows:
(1-a)  "Aggravated online promotion of prostitution" means conduct that constitutes an offense under Section 43.041, Penal Code.
(4-a)  "Online promotion of prostitution" means conduct that constitutes an offense under Section 43.031, Penal Code.
SECTION 3.04.  Section 98A.002(a), Civil Practice and Remedies Code, is amended to read as follows:
(a)  A defendant is liable to a victim of compelled prostitution, as provided by this chapter, for damages arising from the compelled prostitution if the defendant:
(1)  engages in compelling prostitution with respect to the victim;
(2)  knowingly or intentionally engages in promotion of prostitution, online promotion of prostitution, aggravated promotion of prostitution, or aggravated online promotion of prostitution that results in compelling prostitution with respect to the victim; or
(3)  purchases an advertisement that the defendant knows or reasonably should know constitutes promotion of prostitution or aggravated promotion of prostitution, and the publication of the advertisement results in compelling prostitution with respect to the victim.
SECTION 3.05.  Article 18A.101, Code of Criminal Procedure, is amended to read as follows:
Art. 18A.101.  OFFENSES FOR WHICH INTERCEPTION ORDER MAY BE ISSUED. A judge of competent jurisdiction may issue an interception order only if the prosecutor applying for the order shows probable cause to believe that the interception will provide evidence of the commission of:
(1)  a felony under any of the following provisions of the Health and Safety Code:
(A)  Chapter 481, other than felony possession of marihuana;
(B)  Chapter 483; or
(C)  Section 485.032;
(2)  an offense under any of the following provisions of the Penal Code:
(A)  Section 19.02;
(B)  Section 19.03;
(C)  Section 20.03;
(D)  Section 20.04;
(E)  Chapter 20A;
(F)  Chapter 34, if the criminal activity giving rise to the proceeds involves the commission of an offense under Title 5, Penal Code, or an offense under federal law or the laws of another state containing elements that are substantially similar to the elements of an offense under Title 5;
(G)  Section 38.11;
(H)  Section 43.04;
(I)  Section 43.041;
(J)  Section 43.05; or
(K) [(J)]  Section 43.26; or
(3)  an attempt, conspiracy, or solicitation to commit an offense listed in Subdivision (1) or (2).
SECTION 3.06.  Article 56.32(a)(14), Code of Criminal Procedure, is amended to read as follows:
(14)  "Trafficking of persons" means any offense that results in a person engaging in forced labor or services, including sexual conduct, and that may be prosecuted under Section 20A.02, 20A.03, 43.03, 43.031, 43.04, 43.041, 43.05, 43.25, 43.251, or 43.26, Penal Code.
SECTION 3.07.  Article 56.81(7), Code of Criminal Procedure, is amended to read as follows:
(7)  "Trafficking of persons" means any conduct that constitutes an offense under Section 20A.02, 20A.03, 43.03, 43.031, 43.04, 43.041, 43.05, 43.25, 43.251, or 43.26, Penal Code, and that results in a person:
(A)  engaging in forced labor or services; or
(B)  otherwise becoming a victim of the offense.
SECTION 3.08.  Section 411.042(b), Government Code, is 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:
(A)  offenses in which family violence was involved;
(B)  offenses under Sections 22.011 and 22.021, Penal Code; and
(C)  offenses under Sections 20A.02, 43.02(a), 43.02(b), 43.03, 43.031, 43.04, 43.041, and 43.05, 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 magistrate's orders of emergency protection and all other pertinent information about all persons subject to active orders, including pertinent information about persons subject to conditions of bond imposed for the protection of the victim in any family violence, sexual assault or abuse, stalking, or trafficking case. Information in the law enforcement information system relating to an active 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 Article 17.292(e), Code of Criminal Procedure;
(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 Article 17.292(e), Code of Criminal Procedure;
(F)  the relationship or former relationship between the person who is protected by the order and the person to whom the order is directed;
(G)  the conditions of bond imposed on the person to whom the order is directed, if any, for the protection of a victim in any family violence, sexual assault or abuse, stalking, or trafficking case;
(H)  any minimum distance the person subject to the order is required to maintain from the protected places or persons; and
(I)  the date the order expires;
(7)  grant access to criminal history record information in the manner authorized under Subchapter F;
(8)  collect and disseminate information regarding offenders with mental impairments in compliance with Chapter 614, Health and Safety Code; and
(9)  record data and maintain a state database for a computerized criminal history record system and computerized juvenile justice information system that serves:
(A)  as the record creation point for criminal history record information and juvenile justice information maintained by the state; and
(B)  as the control terminal for the entry of records, in accordance with federal law and regulations, federal executive orders, and federal policy, into the federal database maintained by the Federal Bureau of Investigation.
SECTION 3.09.  Section 499.027(b), Government Code, is amended to read as follows:
(b)  An inmate is not eligible under this subchapter to be considered for release to intensive supervision parole if:
(1)  the inmate is awaiting transfer to the institutional division, or serving a sentence, for an offense for which the judgment contains an affirmative finding under Article 42A.054(c) or (d), Code of Criminal Procedure;
(2)  the inmate is awaiting transfer to the institutional division, or serving a sentence, for an offense listed in one of the following sections of the Penal Code:
(A)  Section 19.02 (murder);
(B)  Section 19.03 (capital murder);
(C)  Section 19.04 (manslaughter);
(D)  Section 20.03 (kidnapping);
(E)  Section 20.04 (aggravated kidnapping);
(F)  Section 21.11 (indecency with a child);
(G)  Section 22.011 (sexual assault);
(H)  Section 22.02 (aggravated assault);
(I)  Section 22.021 (aggravated sexual assault);
(J)  Section 22.04 (injury to a child, elderly individual, or disabled individual);
(K)  Section 25.02 (prohibited sexual conduct);
(L)  Section 25.08 (sale or purchase of a child);
(M)  Section 28.02 (arson);
(N)  Section 29.02 (robbery);
(O)  Section 29.03 (aggravated robbery);
(P)  Section 30.02 (burglary), if the offense is punished as a first-degree felony under that section;
(Q)  Section 43.04 (aggravated promotion of prostitution);
(R)  Section 43.05 (compelling prostitution);
(S)  Section 43.24 (sale, distribution, or display of harmful material to minor);
(T)  Section 43.25 (sexual performance by a child);
(U)  Section 46.10 (deadly weapon in penal institution);
(V)  Section 15.01 (criminal attempt), if the offense attempted is listed in this subsection;
(W)  Section 15.02 (criminal conspiracy), if the offense that is the subject of the conspiracy is listed in this subsection;
(X)  Section 15.03 (criminal solicitation), if the offense solicited is listed in this subsection;
(Y)  Section 21.02 (continuous sexual abuse of young child or children);
(Z)  Section 20A.02 (trafficking of persons); [or]
(AA)  Section 20A.03 (continuous trafficking of persons); or
(BB)  Section 43.041 (aggravated online promotion of prostitution); or
(3)  the inmate is awaiting transfer to the institutional division, or serving a sentence, for an offense under Chapter 481, Health and Safety Code, punishable by a minimum term of imprisonment or a maximum fine that is greater than the minimum term of imprisonment or the maximum fine for a first degree felony.
SECTION 3.10.  Section 169.002(b), Health and Safety Code, is amended to read as follows:
(b)  A defendant is eligible to participate in a first offender prostitution prevention program established under this chapter only if:
(1)  the attorney representing the state consents to the defendant's participation in the program; and
(2)  the court in which the criminal case is pending finds that the defendant has not been previously convicted of:
(A)  an offense under Section 20A.02, 43.02, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code;
(B)  an offense listed in Article 42A.054(a), Code of Criminal Procedure; or
(C)  an offense punishable as a felony under Chapter 481.
SECTION 3.11.  Section 20A.02(a), Penal Code, is amended to read as follows:
(a)  A person commits an offense if the person knowingly:
(1)  traffics another person with the intent that the trafficked person engage in forced labor or services;
(2)  receives a benefit from participating in a venture that involves an activity described by Subdivision (1), including by receiving labor or services the person knows are forced labor or services;
(3)  traffics another person and, through force, fraud, or coercion, causes the trafficked person to engage in conduct prohibited by:
(A)  Section 43.02 (Prostitution);
(B)  Section 43.03 (Promotion of Prostitution);
(B-1)  Section 43.031 (Online Promotion of Prostitution);
(C)  Section 43.04 (Aggravated Promotion of Prostitution);
(C-1)  Section 43.041 (Aggravated Online Promotion of Prostitution); or
(D)  Section 43.05 (Compelling Prostitution);
(4)  receives a benefit from participating in a venture that involves an activity described by Subdivision (3) or engages in sexual conduct with a person trafficked in the manner described in Subdivision (3);
(5)  traffics a child with the intent that the trafficked child engage in forced labor or services;
(6)  receives a benefit from participating in a venture that involves an activity described by Subdivision (5), including by receiving labor or services the person knows are forced labor or services;
(7)  traffics a child and by any means causes the trafficked child to engage in, or become the victim of, conduct prohibited by:
(A)  Section 21.02 (Continuous Sexual Abuse of Young Child or Children);
(B)  Section 21.11 (Indecency with a Child);
(C)  Section 22.011 (Sexual Assault);
(D)  Section 22.021 (Aggravated Sexual Assault);
(E)  Section 43.02 (Prostitution);
(F)  Section 43.03 (Promotion of Prostitution);
(F-1)  Section 43.031 (Online Promotion of Prostitution);
(G)  Section 43.04 (Aggravated Promotion of Prostitution);
(G-1)  Section 43.041 (Aggravated Online Promotion of Prostitution);
(H)  Section 43.05 (Compelling Prostitution);
(I)  Section 43.25 (Sexual Performance by a Child);
(J)  Section 43.251 (Employment Harmful to Children); or
(K)  Section 43.26 (Possession or Promotion of Child Pornography); or
(8)  receives a benefit from participating in a venture that involves an activity described by Subdivision (7) or engages in sexual conduct with a child trafficked in the manner described in Subdivision (7).
ARTICLE 4. ORDERS OF NONDISCLOSURE FOR CERTAIN VICTIMS OF TRAFFICKING OF PERSONS OR COMPELLING PROSTITUTION
SECTION 4.01.  Section 411.0728, Government Code, is amended to read as follows:
Sec. 411.0728.  PROCEDURE FOR CERTAIN VICTIMS OF TRAFFICKING OF PERSONS OR COMPELLING PROSTITUTION. (a) This section applies only to a person[:
[(1)]  who is convicted of or placed on deferred adjudication community supervision [under Chapter 42A, Code of Criminal Procedure, after conviction] for an offense under:
(1) [(A)]  Section 481.120, Health and Safety Code, if the offense is punishable under Subsection (b)(1) of that code;
(2) [(B)]  Section 481.121, Health and Safety Code, if the offense is punishable under Subsection (b)(1) of that code;
(3) [(C)]  Section 31.03, Penal Code, if the offense is punishable under Subsection (e)(1) or (2) of that code; or
(4) [(D)]  Section 43.02, Penal Code[; or
[(E)     Section 43.03(a)(2), Penal Code, if the offense is punishable as a Class A misdemeanor; and
[(2)     with respect to whom the conviction is subsequently set aside by the court under Article 42A.701, Code of Criminal Procedure].
(b)  Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) who satisfies the requirements of Section 411.074(b) [411.074] may petition the court that convicted the person or placed the person on deferred adjudication community supervision for an order of nondisclosure of criminal history record information under this section on the grounds that the person committed the offense solely as a victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal Code [trafficking of persons].
(b-1)  A petition under Subsection (b) must:
(1)  be in writing;
(2)  allege specific facts that, if proved, would establish that the petitioner committed the offense described by Subsection (a) solely as a victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal Code; and
(3)  assert that if the person has previously submitted a petition for [seeking] an order of nondisclosure under this section, the person has not committed an offense described by Subsection (a) on or after the date on which the person's first petition [previously received an order of nondisclosure] under this section was submitted.
(b-2)  On the filing of the petition under Subsection (b), the clerk of the court shall promptly serve a copy of the petition and any supporting document on the appropriate office of the attorney representing the state. Any response to the petition by the attorney representing the state must be filed not later than the 20th business day after the date of service under this subsection.
(b-3)  A person convicted of or placed on deferred adjudication community supervision for more than one offense described by Subsection (a) that the person committed solely as a victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal Code, may file a petition for an order of nondisclosure of criminal history record information under this section with respect to each offense, and may request consolidation of those petitions, in a district court in the county where the person was most recently convicted or placed on deferred adjudication community supervision as described by this subsection. On receipt of a request for consolidation, the court shall consolidate the petitions and exercise jurisdiction over the petitions, regardless of the county in which the offenses described by Subsection (a) occurred. For each offense that is the subject of a consolidated petition and that occurred in a county other than the county in which the court consolidating the petitions is located, the clerk of the court, in addition to the clerk's duties under Subsection (b-2), shall promptly serve a copy of the consolidated petition and any supporting document related to the applicable offense on the appropriate office of the attorney representing the state on behalf of the other county. Each attorney representing the state who receives a copy of a consolidated petition under this subsection may file a response to the petition in accordance with Subsection (b-2).
(b-4)  A district court that consolidates petitions under Subsection (b-3) shall allow an attorney representing the state who receives a petition involving an offense that was committed outside the county in which the court is located to appear at any hearing regarding the consolidated petition by telephone or video conference call.
(c)  After notice to the state and[,] an opportunity for a hearing, [a determination by the court that the person has not previously received an order of nondisclosure under this section, and a determination by the court that the person committed the offense solely as a victim of trafficking of persons and that issuance of the order is in the best interest of justice,] the court having jurisdiction over the petition shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense if the court determines that:
(1)  the person committed the offense described by Subsection (a) solely as a victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal Code;
(2)  if applicable, the person did not commit another offense described by Subsection (a) on or after the date on which the person's first petition for an order of nondisclosure under this section was submitted; and
(3)  issuance of the order is in the best interest of justice [for which the defendant was placed on community supervision as described by Subsection (a)].
(c-1)  In determining whether a person committed an offense described by Subsection (a) solely as a victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal Code, the court may consider any order of nondisclosure previously granted to the person under this section.
(d)  A person may petition the applicable court [that placed the person on community supervision] for an order of nondisclosure of criminal history record information under this section only on or after the first anniversary of the date the person:
(1)  completed the sentence, including any term of confinement imposed and payment of all fines, costs, and restitution imposed; or
(2)  received a dismissal and discharge under Article 42A.111, Code of Criminal Procedure, if the person was placed on deferred adjudication community supervision [person's conviction is set aside as described by Subsection (a)].
SECTION 4.02.  Article 56.021, Code of Criminal Procedure, is amended by adding Subsection (e) to read as follows:
(e)  A victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal Code, is entitled to be informed that the victim may petition for an order of nondisclosure of criminal history record information under Section 411.0728, Government Code, if the victim:
(1)  has been convicted of or placed on deferred adjudication community supervision for an offense described by Subsection (a) of that section; and
(2)  committed that offense solely as a victim of an offense under Section 20A.02, 20A.03, or 43.05, Penal Code.
SECTION 4.03.  Section 126.004, Government Code, is amended by adding Subsection (d) to read as follows:
(d)  A program established under this chapter shall provide each program participant with information related to the right to petition for an order of nondisclosure of criminal history record information under Section 411.0728.
ARTICLE 5. EFFECTIVE DATE
SECTION 5.01.  This Act takes effect September 1, 2019.

Floor Amendment No. 1

Amend CSSB 20 by adding a new appropriately numbered SECTION to read as follows:
SECTION ____. Section 85.006(a), Family Code, is amended to read as follows:
(a) Notwithstanding Rule 107, Texas Rules of Civil Procedure, a [A] court may render a protective order that is binding on a respondent who does not attend a hearing if:
(1) the respondent received service of the application and notice of the hearing; and
(2) proof of service was filed with the court before the hearing.

Floor Amendment No. 2

Amend CSSB 20 (house committee printing) as follows:
(1)  On page 1, strike lines 13 through 20.
(2)  On page 4, strike lines 7 through 12 and substitute the following appropriately numbered SECTION:
SECTION 1.___.  Section 402.035(h), Government Code, as amended by Chapter 762 (S.B. 2039), Acts of the 85th Legislature, Regular Session, 2017, and repealed by Chapter 685 (H.B. 29), Acts of the 85th Legislature, Regular Session, 2017, is repealed.
(3)  Renumber SECTIONS of ARTICLE 1 of the bill accordingly.

Floor Amendment No. 3

Amend CSSB 20 (house committee report) as follows:
(1)  On page 5, line 1, following the underlined period, add the following:
This subsection does not apply to a defendant who has previously been convicted of any other Class B misdemeanor under Section 43.02(c), Penal Code.
(2)  On page 5, lines 3 and 4, strike "state jail felony under Section 43.02(c)(2), Penal Code, that is punished under Section 12.35(a)" and substitute "Class A misdemeanor under Section 43.02(c)".
(3)  On page 5, lines 7-9, strike "state jail felony under Section 43.02(c)(2), Penal Code, that is punished under Section 12.35" and substitute "Class A misdemeanor under Section 43.02(c)".
(4)  On page 13, strike lines 6 and 7 and substitute the following:
SECTION 2.05.  Section 43.02, Penal Code, is amended by adding Subsection (b-1) and amending Subsections (c) and (c-1) to read as follows:
(b-1)  A person may not be prosecuted for an offense under Subsection (a) that the person committed when younger than 18 years of age.
(c)  An offense under Subsection (a) is a Class B misdemeanor, except that the offense is[:
[(1)     a Class A misdemeanor if the actor has previously been convicted one or two times of an offense under Subsection (a); or
[(2)]  a Class A misdemeanor [state jail felony] if the actor has previously been convicted three or more times of an offense under Subsection (a).
(5)  Add the following appropriately numbered ARTICLE to the bill and renumber subsequent ARTICLES and SECTIONS of the bill accordingly:
ARTICLE ___. COURT COST ON CONVICTION OF CERTAIN OFFENSES
SECTION ___.01.  Subchapter A, Chapter 102, Code of Criminal Procedure, is amended by adding Article 102.023 to read as follows:
Art. 102.023.  COURT COSTS: COMMERCIAL SEXUAL EXPLOITATION VICTIM FUND. (a) The commercial sexual exploitation victim fund is a dedicated account in the general revenue fund.
(b)  A person convicted of an offense under Section 20A.02, 20A.03, or 43.02(b), Penal Code, shall pay as a cost of court $500 on conviction of the offense.
(c)  For purposes of this article, a person is considered to have been convicted if:
(1)  a sentence is imposed on the person; or
(2)  the person receives community supervision, including deferred adjudication community supervision.
(d)  Court costs under this article are collected in the same manner as other fines or costs.  An officer collecting the costs shall keep separate records of the funds collected as costs under this article and shall deposit the funds in the county treasury.
(e)  The custodian of a county treasury shall:
(1)  keep records of the amount of funds on deposit collected under this article; and
(2)  send to the comptroller before the last day of the first month following each calendar quarter the funds collected under this article during the preceding quarter.
(f)  If no funds due as costs under this article are deposited in a county treasury in a calendar quarter, the custodian of the treasury shall file the report required for the quarter in the regular manner and must state that no funds were collected.
(g)  The comptroller shall deposit the funds received under this article to the credit of a dedicated account in the general revenue fund to be known as the commercial sexual exploitation victim fund. The legislature may appropriate money from the account only to the criminal justice division of the governor's office to enable that division to provide funds for services and programs directed toward victims of conduct that constitutes an offense under Section 20A.02 or 43.05, Penal Code, including:
(1)  diversion programs for victims who have been charged with an offense;
(2)  housing;
(3)  vocational services;
(4)  counseling;
(5)  substance abuse recovery services;
(6)  mental health services; and
(7)  prostitution prevention programs.
(h)  Funds collected under this article are subject to audit by the comptroller.
SECTION ___.02.  Subchapter B, Chapter 102, Government Code, is amended by adding Section 102.02111 to read as follows:
Sec. 102.02111.  ADDITIONAL COURT COSTS ON CONVICTION: CODE OF CRIMINAL PROCEDURE. A person convicted of an offense under Section 20A.02, 20A.03, or 43.02(b), Penal Code, shall pay, in addition to all other costs, a court cost on conviction to benefit victims of commercial sexual exploitation in this state (Art. 102.023, Code of Criminal Procedure). . . $500.
SECTION ___.03.  The change in law made by this article applies only to a cost on conviction for 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 the 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.

Floor Amendment No. 5

Amend CSSB 20 (house committee report) as follows:
Add the following appropriately numbered SECTION and renumber subsequent SECTIONS appropriately:
SECTION (____). Amend Article 12.03(d), Code of Criminal Procedure, to read as follows:
(d) Any [Except as otherwise provided by this chapter, any] offense that bears the title "aggravated" shall carry a [the same] limitation period of five years [as the primary crime] unless a limitation period has otherwise been specifically provided for that aggravated offense under another provision of this chapter.

Floor Amendment No. 1 on Third Reading

Amend SB 20 on third reading as follows:
(1)  In the SECTION of the bill adding Article 42A.515, Code of Criminal Procedure, as amended by Amendment No. 3 by González of Dallas (Bar Code #861706) on second reading, strike added Subsections (a), (b), and (c) of that article and substitute the following:
(a)  Except as provided by Subsection (e), on a defendant's conviction of a Class B misdemeanor under Section 43.02(c), Penal Code, the judge shall suspend imposition of the sentence and place the defendant on community supervision. This subsection does not apply to a defendant who has previously been convicted of any other Class B misdemeanor under Section 43.02(c), Penal Code.
(b)  Except as provided by Subsection (e), on a defendant's conviction of a Class A misdemeanor under Section 43.02(c), Penal Code, the judge shall suspend the imposition of the sentence and place the defendant on community supervision. This subsection does not apply to a defendant who has previously been convicted of any other Class A misdemeanor under Section 43.02(c), Penal Code.
(c)  A judge who places a defendant on community supervision under Subsection (a) or (b) shall require as a condition of community supervision that the defendant participate in a commercially sexually exploited persons court program established under Chapter 126, Government Code, if a program has been established for the county or municipality where the defendant resides. Sections 126.002(b) and (c), Government Code, do not apply with respect to a defendant required to participate in the court program under this subsection.
(2)  In the SECTION of the bill amending Section 411.042(b), Government Code, as amended by Amendment No. 3 by González of Dallas (Bar Code #861706) on second reading, strike Subdivision (5) of that subsection and substitute the following:
(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;
(3)  Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION __.___.  Section 43.02, Penal Code, is amended by adding Subsection (b-1) and amending Subsection (c) to read as follows:
(b-1)  A person may not be prosecuted for an offense under Subsection (a) that the person committed when younger than 18 years of age.
(c)  An offense under Subsection (a) is a Class B misdemeanor, except that the offense is[:
[(1)     a Class A misdemeanor if the actor has previously been convicted one or two times of an offense under Subsection (a); or
[(2)]  a Class A misdemeanor [state jail felony] if the actor has previously been convicted three or more times of an offense under Subsection (a).

Floor Amendment No. 2 on Third Reading

Amend SB 20 on third reading as follows:
(1)  Strike the ARTICLE of the bill entitled "TRAFFICKING OF PERSONS AND CONTINUOUS TRAFFICKING OF PERSONS", as amended by Amendment No. 2 by Murphy (Bar Code #861989) on second reading.
(2)  Add the following appropriately numbered ARTICLE to the bill:
ARTICLE ___. TRAFFICKING OF PERSONS AND CONTINUOUS TRAFFICKING OF PERSONS
SECTION __.___.  Section 3.03(b), Penal Code, is amended to read as follows:
(b)  If the accused is found guilty of more than one offense arising out of the same criminal episode, the sentences may run concurrently or consecutively if each sentence is for a conviction of:
(1)  an offense:
(A)  under Section 49.07 or 49.08, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or
(B)  for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of both sections;
(2)  an offense:
(A)  under Section 33.021 or an offense under Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed against a victim younger than 17 years of age at the time of the commission of the offense regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or
(B)  for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A) committed against a victim younger than 17 years of age at the time of the commission of the offense regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section;
(3)  an offense:
(A)  under Section 21.15 or 43.26, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or
(B)  for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of both sections;
(4)  an offense for which the judgment in the case contains an affirmative finding under Article 42.0197, Code of Criminal Procedure;
(5)  an offense:
(A)  under Section 20A.02, 20A.03, or 43.05, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section [both sections]; or
(B)  for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section [both sections]; or
(6)  an offense:
(A)  under Section 22.04(a)(1) or (2) or Section 22.04(a-1)(1) or (2) that is punishable as a felony of the first degree, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or
(B)  for which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A) and punishable as described by that paragraph, regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section.
SECTION __.___.  Section 402.035(h), Government Code, as amended by Chapter 762 (S.B. 2039), Acts of the 85th Legislature, Regular Session, 2017, and repealed by Chapter 685 (H.B. 29), Acts of the 85th Legislature, Regular Session, 2017, is repealed.
SECTION ___.___.  The change in law made by this article applies 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 was committed before that date.
(3)  Renumber the ARTICLES and SECTIONS of the bill accordingly.

The amendments were read.

Senator Huffman submitted a Motion In Writing that the Senate do not concur in the House amendments, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.

The Motion In Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on SB 20 before appointment.

There were no motions offered.

The Presiding Officer announced the appointment of the following conferees on the part of the Senate:  Senators Huffman, Chair; Nelson, Hughes, Zaffirini, and Paxton.

SENATE BILL 583 WITH HOUSE AMENDMENT
(Motion In Writing)

Senator Hinojosa called SB 583 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 583 (house committee report) on page 2, by striking lines 7 and 8 and substituting the following:
(1)  the court has reason to appoint other counsel, provided that in a capital murder case, the court makes a finding of good cause on the record for appointing that counsel; [or]

The amendment was read.

Senator Huffman submitted a Motion In Writing that the Senate do not concur in the House amendment, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.

The Motion In Writing was read and prevailed without objection.

The Presiding Officer asked if there were any motions to instruct the conference committee on SB 583 before appointment.

There were no motions offered.

The Presiding Officer announced the appointment of the following conferees on the part of the Senate:  Senators Hinojosa, Chair; Whitmire, Huffman, Flores, and Perry.

SENATE BILL 616 WITH HOUSE AMENDMENTS
(Motion In Writing)

Senator Birdwell called SB 616 from the President's table for consideration of the House amendments to the bill.

The Presiding Officer laid the bill and the House amendments before the Senate.

Amendment

Amend SB 616 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Department of Public Safety of the State of Texas, the conditional transfer of the driver licensing program to the Texas Department of Motor Vehicles, the abolition of the Texas Private Security Board, the transfer of the motorcycle and off-highway vehicle operator training programs to the Texas Department of Licensing and Regulation, and the regulation of other programs administered by the Department of Public Safety; imposing an administrative penalty; authorizing and repealing the authorization for fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CONTINUATION OF DEPARTMENT OF PUBLIC SAFETY AND MISCELLANEOUS ADMINISTRATIVE PROVISIONS
SECTION 1.001.  Section 411.002(c), Government Code, is amended to read as follows:
(c)  The Department of Public Safety of the State of Texas is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished and Subsections (a) and (b) expire September 1, 2031 [2019].
SECTION 1.002.  Section 411.0031, Government Code, is amended by amending Subsection (b) and adding Subsection (d) to read as follows:
(b)  The training program must provide the person with information regarding:
(1)  the law governing [legislation that created] the department's operations [department and the commission];
(2)  the programs, functions, rules, and budget of [operated by] the department;
(3)  the scope of and limitations on the rulemaking authority of the commission [role and functions of the department];
(4)  the results of the most recent formal audit [rules] of the department[, with an emphasis on the rules that relate to disciplinary and investigatory authority];
(5)  [the current budget for the department;
[(6)     the results of the most recent formal audit of the department;
[(7)]  the requirements of:
(A)  laws relating to [the] open meetings, [law, Chapter 551;
[(B)     the] public information, [law, Chapter 552;
[(C)     the] administrative procedure, [law, Chapter 2001;] and disclosing conflicts of interest
[(D)     other laws relating to public officials, including conflict of interest laws]; and
(B)  other laws applicable to members of the commission in performing their duties; and
(6) [(8)]  any applicable ethics policies adopted by the department or the Texas Ethics Commission.
(d)  The director shall create a training manual that includes the information required by Subsection (b). The director shall distribute a copy of the training manual annually to each member of the commission. Each member of the commission shall sign and submit to the director a statement acknowledging that the member received and has reviewed the training manual.
SECTION 1.003.  Subchapter A, Chapter 411, Government Code, is amended by adding Section 411.0045 to read as follows:
Sec. 411.0045.  PHYSICAL FITNESS PROGRAMS. The commission shall adopt:
(1)  physical fitness programs in accordance with Section 614.172; and
(2)  a resolution certifying that the programs adopted under Subdivision (1) are consistent with generally accepted scientific standards and meet all applicable requirements of state and federal labor and employment law.
SECTION 1.004.  Article 59.11, Code of Criminal Procedure, is repealed.
SECTION 1.005.  The Department of Public Safety shall:
(1)  develop and implement best practices for the collection, protection, and sharing of personal information held by the department; and
(2)  not later than September 1, 2020, submit to the legislature a report regarding the department's development and implementation of the best practices under Subdivision (1).
ARTICLE 2. BORDER SECURITY
SECTION 2.001.  Subchapter D, Chapter 411, Government Code, is amended by adding Section 411.055 to read as follows:
Sec. 411.055.  ANNUAL REPORT ON BORDER CRIME AND OTHER CRIMINAL ACTIVITY. (a)  Not later than May 30 of each year, the department shall submit to the legislature a report on border crime and other criminal activity. The report must include:
(1)  statistics for each month of the preceding calendar year and yearly totals of all border crime, as defined by Section 772.0071, and other criminal activity, including transnational criminal activity, the department determines relates to border security that occurred in each county included in a department region that is adjacent to the Texas-Mexico border; and
(2)  statewide crime statistics for the crimes reported under Subdivision (1).
(b)  In compiling the information for the report, the department shall use information available in the National Incident-Based Reporting System of the Uniform Crime Reporting Program of the Federal Bureau of Investigation and the Texas Incident-Based Reporting System of the department.
ARTICLE 3. METAL RECYCLING, VEHICLE INSPECTION, AND PROVISIONS APPLYING TO MORE THAN ONE REGULATORY PROGRAM
SECTION 3.001.  Section 411.0891, Government Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows:
(a)  Subject to Section 411.087, the department is authorized to obtain and use criminal history record information maintained by the Federal Bureau of Investigation or the department that relates to a person who:
(1)  is an applicant for or holds a registration issued by the director under Subchapter C, Chapter 481, Health and Safety Code, that authorizes the person to manufacture, distribute, analyze, or conduct research with a controlled substance;
(2)  is an applicant for or holds a registration issued by the department under Chapter 487, Health and Safety Code, to be a director, manager, or employee of a dispensing organization, as defined by Section 487.001 [a chemical precursor transfer permit issued by the director under Section 481.078], Health and Safety Code;
(3)  is an applicant for or holds an authorization issued by the department under Section 521.2476, Transportation Code, to do business in this state as a vendor of ignition interlock devices [a chemical laboratory apparatus transfer permit issued by the director under Section 481.081, Health and Safety Code];
(4)  is an applicant for or holds certification by the department as an inspection station or an inspector under Subchapter G, Chapter 548, Transportation Code, holds an inspection station or inspector certificate issued under that subchapter, or is the owner of an inspection station operating under that chapter; or
(5)  is an applicant for or holds a certificate of registration issued by the department under Chapter 1956, Occupations Code, to act as a metal recycling entity [approval or has been approved as a program sponsor by the department under Chapter 662, Transportation Code, is an applicant for certification by the department as an instructor under that chapter, or holds an instructor certificate issued under that chapter].
(d)  The department may require any person for whom the department is authorized to obtain and use criminal history record information maintained by the Federal Bureau of Investigation or the department under Subsection (a) to submit a complete and legible set of fingerprints to the department on a form prescribed by the department for the purpose of obtaining criminal history record information.
SECTION 3.002.  Chapter 411, Government Code, is amended by adding Subchapters Q and R to read as follows:
SUBCHAPTER Q. POWERS AND DUTIES RELATED TO CERTAIN REGULATORY PROGRAMS
Sec. 411.501.  DEFINITION. In this subchapter, "license" means a license, certificate, registration, permit, or other form of authorization required by law or a state agency rule that must be obtained by a person to engage in a particular activity, business, occupation, or profession.
Sec. 411.502.  APPLICABILITY. Except as otherwise provided by this subchapter, this subchapter applies to a program, and persons regulated under the program, administered by the department under the following laws, including rules adopted under those laws:
(1)  Section 411.0625;
(2)  Chapter 487, Health and Safety Code;
(3)  Chapter 1702, Occupations Code;
(4)  Chapter 1956, Occupations Code;
(5)  Section 521.2476, Transportation Code; and
(6)  Subchapter G, Chapter 548, Transportation Code.
Sec. 411.503.  FINAL ENFORCEMENT AUTHORITY. (a) This section does not apply to an administrative action against a person who violates a law or rule governing the program administered by the department under Chapter 1702, Occupations Code.
(b)  Except as provided by Section 411.506(b), the commission shall make the final determination in an administrative action against a person for a violation of a law or rule governing a program or person subject to this subchapter.
(c)  The commission may not delegate the duty under Subsection (b).
Sec. 411.504.  COMPLAINTS. (a)  The department shall maintain a system to promptly and efficiently act on complaints filed with the department regarding a violation of a law or rule governing a program or person subject to this subchapter. The department shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.
(b)  The department shall make information available describing its procedures for complaint investigation and resolution.
(c)  The department shall periodically notify the complaint parties of the status of the complaint until final disposition.
(d)  On written request, the department shall inform the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the information would jeopardize an ongoing investigation.
(e)  The commission shall adopt rules to:
(1)  implement this section; and
(2)  establish a procedure for the investigation and resolution of complaints, including a procedure for documenting complaints to the department from the time of the submission of the initial complaint to the final disposition of the complaint.
Sec. 411.505.  INVESTIGATIONS. The department may conduct investigations as necessary to enforce a law or rule governing a program or person subject to this subchapter.
Sec. 411.506.  INFORMAL COMPLAINT RESOLUTION AND INFORMAL PROCEEDINGS. (a)  The commission by rule shall establish procedures for the informal resolution of complaints filed with the department related to a violation of a law or rule governing a program or person subject to this subchapter, including procedures governing:
(1)  informal disposition of a contested case under Section 2001.056; and
(2)  an informal proceeding held in compliance with Section 2001.054.
(b)  Any settlement agreement arising from the procedures described by Subsection (a) must be approved by the director or the director's designee.
Sec. 411.507.  LICENSE DENIAL; ADMINISTRATIVE SANCTION. (a)  This section applies to a person required to obtain a license under a program subject to this subchapter.
(b)  The commission may deny an application for, revoke, suspend, or refuse to renew a license or may reprimand a license holder for a violation of a law or rule governing a program subject to this subchapter.
(c)  The commission may place on probation a person whose license is suspended. If a license suspension is probated, the commission may require the person to:
(1)  report regularly to the department on matters that are the basis of the probation;
(2)  limit practice to the areas prescribed by the department; or
(3)  continue or renew education until the person attains a degree of competency satisfactory to the commission in those areas that are the basis for the probation.
(d)  The commission shall develop a penalty schedule for each program subject to this subchapter consisting of administrative sanctions authorized under Subsections (b) and (c) based on the severity and frequency of a violation of a law or rule related to the program.
Sec. 411.508.  RIGHT TO NOTICE AND HEARING; ADMINISTRATIVE PROCEDURE. (a)  For each program subject to this subchapter, a person is entitled to notice and a hearing if the commission proposes to:
(1)  deny an application for, revoke, suspend, or refuse to renew a license;
(2)  reprimand a license holder; or
(3)  place a license holder on probation.
(b)  Except as provided by Subchapter R, Chapter 1702, Occupations Code, a proceeding to impose an administrative sanction as described by Subsection (a) is a contested case under Chapter 2001.
(c)  Unless otherwise provided by law, judicial review of an administrative sanction or penalty imposed by the commission is under the substantial evidence rule as provided by Subchapter G, Chapter 2001.
Sec. 411.509.  CEASE AND DESIST ORDER. The department may issue a cease and desist order if the department determines that the action is necessary to prevent a violation of a law or rule governing a program or person subject to this subchapter.
Sec. 411.510.  INJUNCTIVE RELIEF. (a)  On request of the department, the attorney general shall institute an action for injunctive relief to restrain a person in violation of or threatening to violate a law or rule governing a program or person subject to this subchapter.
(b)  An action filed under this section shall be filed in a district court in:
(1)  Travis County; or
(2)  the county in which the violation allegedly occurred or is threatened to occur.
(c)  The attorney general may recover reasonable expenses incurred in obtaining injunctive relief under this section, including court costs, attorney's fees, investigative costs, witness fees, and deposition expenses.
Sec. 411.511.  STAGGERED RENEWAL; PRORATION OF LICENSE FEE. (a)  The commission by rule may adopt a system under which licenses expire on various dates during the year.
(b)  A license issued under a program governed by this subchapter may not expire later than the second anniversary of the date the license is issued.
(c)  For the year in which the expiration date of a license is changed, the department shall prorate license fees on a monthly basis so that each license holder pays only that portion of the license fee that is allocable to the number of months during which the license is valid. On renewal of the license on the new expiration date, the total license renewal fee is payable.
Sec. 411.512.  ANNUAL REGULATORY REPORT. (a)  The department shall annually make available on the department's Internet website a report of regulatory statistics for the preceding state fiscal year for each program subject to this subchapter and aggregate information on all the programs.
(b)  The report must include, as applicable, information regarding:
(1)  the number of licenses issued under the program;
(2)  the number and types of complaints received and resolved by the department;
(3)  the number of investigations conducted by the department; and
(4)  the number and types of disciplinary actions taken by the department.
SUBCHAPTER R. ADMINISTRATIVE PENALTY
Sec. 411.521.  DEFINITION. In this subchapter, "license" has the meaning assigned by Section 411.501.
Sec. 411.522.  APPLICABILITY. (a) Except as provided by Subsection (b), this subchapter applies to a program, and persons regulated under the program, to which Section 411.502 applies.
(b)  The procedures of this subchapter governing a proceeding to impose an administrative penalty on a person who violates a law or rule of the program administered by the department under Chapter 1702, Occupations Code, apply to the extent the procedures are consistent with Subchapter R, Chapter 1702, Occupations Code.
Sec. 411.523.  IMPOSITION OF PENALTY. The commission may impose an administrative penalty against a person who violates:
(1)  a law establishing a program subject to this subchapter; or
(2)  a rule adopted or order issued by the commission under a law described by Subdivision (1).
Sec. 411.524.  AMOUNT OF PENALTY. (a)  If the relevant law establishing a program subject to this subchapter does not state the maximum amount of an administrative penalty under that law, the amount of the penalty shall be assessed by the commission in an amount not to exceed $5,000 per day for each violation. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(b)  The amount of the penalty shall be based on:
(1)  the seriousness of the violation;
(2)  the respondent's history of previous violations;
(3)  the amount necessary to deter a future violation;
(4)  efforts made by the respondent to correct the violation; and
(5)  any other matter that justice may require.
(c)  The commission shall establish a written enforcement plan that provides notice to license holders of the specific ranges of penalties that apply to specific alleged violations and the criteria by which the department determines the amount of a proposed administrative penalty.
Sec. 411.525.  IMPOSITION OF SANCTION. A proceeding under this subchapter imposing an administrative penalty may be combined with a proceeding to impose an administrative sanction. If a sanction is imposed in a proceeding under this subchapter, the requirements of this subchapter apply to the imposition of the sanction.
Sec. 411.526.  NOTICE OF VIOLATION AND PENALTY. If, after investigation of a possible violation and the facts surrounding the possible violation, the department determines that a violation occurred, the department shall issue to the respondent a notice of alleged violation stating:
(1)  a brief summary of the alleged violation;
(2)  the amount of the recommended administrative penalty; and
(3)  that the respondent has the right to a hearing to contest the alleged violation, the amount of the penalty, or both.
Sec. 411.527.  PENALTY TO BE PAID OR HEARING REQUESTED. (a)  Not later than the 20th day after the date the respondent receives the notice, the respondent may:
(1)  accept the department's determination and recommended administrative penalty; or
(2)  make a written request for a hearing on that determination.
(b)  If the respondent accepts the department's determination, the commission by order may approve the determination and require the person to pay the recommended penalty.
Sec. 411.528.  HEARING ON RECOMMENDATIONS. (a)  If the respondent requests a hearing, the hearing shall be conducted by the department or the State Office of Administrative Hearings.
(b)  The State Office of Administrative Hearings shall consider the department's applicable substantive rules and policies when conducting a hearing under this subchapter.
(c)  A department hearing officer or an administrative law judge at the State Office of Administrative Hearings, as applicable, shall:
(1)  make findings of fact and conclusions of law; and
(2)  promptly issue to the commission a proposal for decision as to the occurrence of the violation and the amount of any proposed administrative penalty.
Sec. 411.529.  DECISION BY COMMISSION. (a)  Based on the findings of fact, conclusions of law, and proposal for decision, the commission by order may determine that:
(1)  a violation occurred and impose an administrative penalty; or
(2)  a violation did not occur.
(b)  The department shall give notice of the order to the respondent.
(c)  The order under this section must include:
(1)  separate statements of the findings of fact and conclusions of law;
(2)  the amount of any penalty imposed;
(3)  a statement of the right of the respondent to judicial review of the order; and
(4)  any other information required by law.
Sec. 411.530.  OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a)  Not later than the 30th day after the date the commission's order becomes final, the respondent shall:
(1)  pay the penalty; or
(2)  file a petition for judicial review contesting the order and:
(A)  forward the penalty to the department for deposit in an escrow account; or
(B)  give the department a supersedeas bond in a form approved by the department that:
(i)  is for the amount of the penalty; and
(ii)  is effective until judicial review of the decision is final.
(b)  A respondent who is financially unable to comply with Subsection (a)(2) is entitled to judicial review if the respondent files with the court, as part of the respondent's petition for judicial review, a sworn statement that the respondent is unable to meet the requirements of Subsection (a)(2).
Sec. 411.531.  COLLECTION OF PENALTY. If the person on whom the administrative penalty is imposed violates Section 411.530(a), the department or the attorney general may bring an action to collect the penalty.
Sec. 411.532.  REMITTANCE OF PENALTY AND INTEREST. (a)  If, after judicial review, the administrative penalty is reduced or not imposed, the department shall:
(1)  remit to the person the appropriate amount, plus accrued interest, if the person paid the amount of the penalty; or
(2)  execute a release of the bond, if the person posted a supersedeas bond.
(b)  The interest paid under Subsection (a)(1) is accrued at the rate charged on loans to depository institutions by the New York Federal Reserve Bank. The interest shall be paid for the period beginning on the date the penalty is paid to the department and ending on the date the penalty is remitted.
Sec. 411.533.  ADMINISTRATIVE PROCEDURE. (a)  The commission by rule shall prescribe procedures for the determination and appeal of a decision to impose an administrative penalty.
(b)  A proceeding under this subchapter to impose an administrative penalty is a contested case under Chapter 2001.
SECTION 3.003.  Section 1956.151, Occupations Code, is amended to read as follows:
Sec. 1956.151.  DENIAL OF CERTIFICATE; DISCIPLINARY ACTION. The commission [department] shall deny an application for a certificate of registration, suspend or revoke a certificate of registration, or reprimand a person who is registered under this chapter if the person:
(1)  obtains a certificate of registration by means of fraud, misrepresentation, or concealment of a material fact;
(2)  sells, barters, or offers to sell or barter a certificate of registration;
(3)  violates a provision of this chapter or a rule adopted under this chapter; or
(4)  violates Section 1956.021.
SECTION 3.004.  Sections 548.405(a), (c), and (g), Transportation Code, are amended to read as follows:
(a)  The commission [department] may deny a person's application for a certificate, revoke or suspend the certificate of a person, inspection station, or inspector, place on probation a person who holds a suspended certificate, or reprimand a person who holds a certificate if:
(1)  the station or inspector conducts an inspection, fails to conduct an inspection, or issues a certificate:
(A)  in violation of this chapter or a rule adopted under this chapter; or
(B)  without complying with the requirements of this chapter or a rule adopted under this chapter;
(2)  the person, station, or inspector commits an offense under this chapter or violates this chapter or a rule adopted under this chapter;
(3)  the applicant or certificate holder does not meet the standards for certification under this chapter or a rule adopted under this chapter;
(4)  the station or inspector does not maintain the qualifications for certification or does not comply with a certification requirement under this subchapter [Subchapter G];
(5)  the certificate holder or the certificate holder's agent, employee, or representative commits an act or omission that would cause denial, revocation, or suspension of a certificate to an individual applicant or certificate holder; or
(6)  the station or inspector does not pay a fee required by Subchapter H[; or
[(7)     the inspector or owner of an inspection station is convicted of a:
[(A)     felony or Class A or Class B misdemeanor;
[(B)     similar crime under the jurisdiction of another state or the federal government that is punishable to the same extent as a felony or a Class A or Class B misdemeanor in this state; or
[(C)     crime under the jurisdiction of another state or the federal government that would be a felony or a Class A or Class B misdemeanor if the crime were committed in this state].
(c)  If the commission [department] suspends a certificate because of a violation of Subchapter F, the suspension must be for a period of not less than six months. [The suspension may not be probated or deferred.]
(g)  The commission [department] may not suspend, revoke, or deny all certificates of a person who holds more than one inspection station certificate based on a suspension, revocation, or denial of one of that person's inspection station certificates without proof of culpability related to a prior action under this subsection.
SECTION 3.005.  Subchapter G, Chapter 548, Transportation Code, is amended by adding Section 548.4055 to read as follows:
Sec. 548.4055.  RULES REGARDING CRIMINAL CONVICTIONS. The commission shall adopt rules necessary to comply with Chapter 53, Occupations Code, with respect to the certification of persons under this subchapter. The commission's rules must list the specific offenses for each category of persons regulated under this subchapter for which a conviction would constitute grounds for the commission to take action under Section 53.021, Occupations Code.
SECTION 3.006.  Sections 548.407(d) and (e), Transportation Code, are amended to read as follows:
(d)  The commission [department] may provide that a revocation or suspension takes effect on receipt of notice under Subsection (b) if the commission [department] finds that the action is necessary to prevent or remedy a threat to public health, safety, or welfare. Violations that present a threat to public health, safety, or welfare include:
(1)  issuing a passing vehicle inspection report or submitting inspection information to the department's database with knowledge that the issuance or submission is in violation of this chapter or rules adopted under this chapter;
(2)  falsely or fraudulently representing to the owner or operator of a vehicle that equipment inspected or required to be inspected must be repaired, adjusted, or replaced for the vehicle to pass an inspection;
(3)  issuing a vehicle inspection report or submitting inspection information to the department's database:
(A)  without authorization to issue the report or submit the information; or
(B)  without inspecting the vehicle;
(4)  issuing a passing vehicle inspection report or submitting inspection information to the department's database for a vehicle with knowledge that the vehicle has not been repaired, adjusted, or corrected after an inspection has shown a repair, adjustment, or correction to be necessary;
(5)  knowingly issuing a passing vehicle inspection report or submitting inspection information to the department's database:
(A)  for a vehicle without conducting an inspection of each item required to be inspected; or
(B)  for a vehicle that is missing an item required to be inspected or that has an item required to be inspected that is not in compliance with state law or department rules;
(6)  refusing to allow a vehicle's owner to have a qualified person of the owner's choice make a required repair, adjustment, or correction;
(7)  charging for an inspection an amount greater than the authorized fee;
(8)  a violation of Subchapter F;
(9)  a violation of Section 548.603; or
(10)  a conviction of a felony or a Class A or B misdemeanor that directly relates to or affects the duties or responsibilities of a vehicle inspection station or inspector or a conviction of a similar crime under the jurisdiction of another state or the federal government.
(e)  The commission may adopt rules to implement this section. [For purposes of Subsection (d)(10), a person is convicted of an offense if a court enters against the person an adjudication of the person's guilt, including an order of probation or deferred adjudication.]
SECTION 3.007.  Subchapter G, Chapter 548, Transportation Code, is amended by adding Section 548.410 to read as follows:
Sec. 548.410.  EXPIRATION OF CERTIFICATE. A certificate issued to an inspector or an inspection station under this subchapter expires as determined by the department under Section 411.511, Government Code, but not later than the second anniversary of the date the certificate is issued.
SECTION 3.008.  Section 548.506, Transportation Code, is amended to read as follows:
Sec. 548.506.  FEE FOR CERTIFICATION AS INSPECTOR. (a) The commission by rule shall establish reasonable and necessary fees for certification as an inspector.
(b)  The fees established under this section may not be less than an amount equal to:
(1)  [An applicant for certification as an inspector must submit with the applicant's first application a fee of] $25 for initial certification until August 31 of the even-numbered year following the date of certification; and
(2)  [. To be certified after August 31 of that year, the applicant must pay] $25 as a certificate fee for each subsequent two-year period.
SECTION 3.009.  Section 548.507, Transportation Code, is amended to read as follows:
Sec. 548.507.  FEE FOR CERTIFICATION AS INSPECTION STATION. (a) The commission by rule shall establish reasonable and necessary fees for certification as an inspection station.
(b)  The fees established under this section may not be less than:
(1)  except [Except] as provided by Subdivision (2) or (3):
(A)  [Subsection (b) or (c), after an applicant for certification as an inspection station is notified that the application will be approved, the applicant must pay a fee of] $100 for certification until August 31 of the odd-numbered year after the date of appointment as an inspection station; and
(B)  [. To be certified after August 31 of that year, the applicant must pay a fee of] $100 for certification for each subsequent two-year period;
(2)  if [. (b) If] an applicant for certification as an inspection station has been convicted of a violation of this chapter relating to an emissions inspection under Subchapter F:
(A)  [, after notification that the application will be approved, the applicant must pay a fee of] $500 for certification until August 31 of the odd-numbered year after the date of appointment as an inspection station; and
(B)  [. To be certified after August 31 of that year, the applicant must pay a fee of] $100 for certification for each subsequent two-year period; and
(3)  if [. (c) If] an applicant for certification as an inspection station has been convicted of two or more violations of this chapter relating to an emissions inspection under Subchapter F:
(A)  [, after notification that the application will be approved, the applicant must pay a fee of] $1,500 for certification until August 31 of the odd-numbered year after the date of appointment as an inspection station; and
(B)  [. To be certified after August 31 of that year, the applicant must pay a fee of] $100 for certification for each subsequent two-year period.
SECTION 3.010.  The following provisions are repealed:
(1)  Sections 1956.014(b) and (c), Occupations Code;
(2)  Sections 1956.041(b-2), (c), (d), (e), and (f), Occupations Code;
(3)  Section 1956.152, Occupations Code;
(4)  Sections 548.405(b), (h), and (i), Transportation Code;
(5)  Section 548.406, Transportation Code;
(6)  Sections 548.407(f), (g), (h), (i), (j), (k), and (l), Transportation Code; and
(7)  Section 548.409, Transportation Code.
SECTION 3.011.  As soon as practicable after the effective date of this Act, the Public Safety Commission shall adopt rules necessary to implement the changes in law made by this Act to Chapter 411, Government Code, Chapter 1956, Occupations Code, and Chapter 548, Transportation Code.
SECTION 3.012.  Section 411.0891, Government Code, and Sections 548.405 and 548.407, Transportation Code, as amended by this Act, apply only to an application for the issuance or renewal of a license submitted on or after the effective date of this Act. An application for the issuance or renewal of a license submitted before that date is governed by the law in effect on the date the application was submitted, and the former law is continued in effect for that purpose.
SECTION 3.013.  Section 548.405(c), Transportation Code, as amended by this Act, applies only to a person placed on probation on or after the effective date of this Act. A person placed on probation before the effective date of this Act is governed by the law in effect on the date the person was placed on probation, and the former law is continued in effect for that purpose.
SECTION 3.014.  Section 1956.041, Occupations Code, and Sections 548.405 and 548.407, Transportation Code, as amended by this Act, apply only to a proceeding initiated on or after the effective date of this Act. A proceeding initiated before the effective date of this Act is governed by the law in effect on the date the proceeding was initiated, and the former law is continued in effect for that purpose.
ARTICLE 4. CERTAIN PROGRAMS REGULATING CONTROLLED SUBSTANCES, PRECURSOR CHEMICALS, AND LABORATORY APPARATUSES
SECTION 4.001.  Sections 481.077(c), (i), and (k), Health and Safety Code, are amended to read as follows:
(c)  This section does [and Section 481.078 do] not apply to a person to whom a registration has been issued by the Federal Drug Enforcement Agency or who is exempt from such registration.
(i)  A manufacturer, wholesaler, retailer, or other person who [receives from a source outside this state a chemical precursor subject to Subsection (a) or who] discovers a loss or theft of a chemical precursor subject to Subsection (a) shall:
(1)  submit a report of the transaction to the director in accordance with department rule; and
(2)  include in the report:
(A)  any difference between the amount of the chemical precursor actually received and the amount of the chemical precursor shipped according to the shipping statement or invoice; or
(B)  the amount of the loss or theft.
(k)  A [Unless the person is the holder of only a permit issued under Section 481.078(b)(1), a] manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any chemical precursor subject to Subsection (a), or a [permit holder,] commercial purchaser[,] or other person who receives a chemical precursor subject to Subsection (a):
(1)  shall maintain records and inventories in accordance with rules established by the director;
(2)  shall allow a member of the department or a peace officer to conduct audits and inspect records of purchases and sales and all other records made in accordance with this section at any reasonable time; and
(3)  may not interfere with the audit or with the full and complete inspection or copying of those records.
SECTION 4.002.  The heading to Section 481.080, Health and Safety Code, is amended to read as follows:
Sec. 481.080.  CHEMICAL LABORATORY APPARATUS RECORD-KEEPING REQUIREMENTS [AND PENALTIES].
SECTION 4.003.  Sections 481.080(d), (j), and (l), Health and Safety Code, are amended to read as follows:
(d)  This section does [and Section 481.081 do] not apply to a person to whom a registration has been issued by the Federal Drug Enforcement Agency or who is exempt from such registration.
(j)  A manufacturer, wholesaler, retailer, or other person who [receives from a source outside this state a chemical laboratory apparatus subject to Subsection (a) or who] discovers a loss or theft of such an apparatus shall:
(1)  submit a report of the transaction to the director in accordance with department rule; and
(2)  include in the report:
(A)  any difference between the number of the apparatus actually received and the number of the apparatus shipped according to the shipping statement or invoice; or
(B)  the number of the loss or theft.
(l)  This subsection applies to a manufacturer, wholesaler, retailer, or other person who sells, transfers, or otherwise furnishes any chemical laboratory apparatus subject to Subsection (a) and to a [permit holder,] commercial purchaser[,] or other person who receives such an apparatus [unless the person is the holder of only a permit issued under Section 481.081(b)(1)]. A person covered by this subsection:
(1)  shall maintain records and inventories in accordance with rules established by the director;
(2)  shall allow a member of the department or a peace officer to conduct audits and inspect records of purchases and sales and all other records made in accordance with this section at any reasonable time; and
(3)  may not interfere with the audit or with the full and complete inspection or copying of those records.
SECTION 4.004.  Section 481.111(a), Health and Safety Code, is amended to read as follows:
(a)  The provisions of this chapter relating to the possession and distribution of peyote do not apply to the use of peyote by a member of the Native American Church in bona fide religious ceremonies of the church or to[. However,] a person who supplies the substance to the church [must register and maintain appropriate records of receipts and disbursements in accordance with rules adopted by the director]. An exemption granted to a member of the Native American Church under this section does not apply to a member with less than 25 percent Indian blood.
SECTION 4.005.  Section 481.136(a), Health and Safety Code, is amended to read as follows:
(a)  A person commits an offense if the person sells, transfers, furnishes, or receives a chemical precursor subject to Section 481.077(a) and the person:
(1)  [does not hold a chemical precursor transfer permit as required by Section 481.078 at the time of the transaction;
[(2)]  does not comply with Section 481.077 or 481.0771;
(2) [(3)]  knowingly makes a false statement in a report or record required by Section 481.077 or[,] 481.0771[, or 481.078]; or
(3) [(4)]  knowingly violates a rule adopted under Section 481.077 or[,] 481.0771[, or 481.078].
SECTION 4.006.  Section 481.138(a), Health and Safety Code, is amended to read as follows:
(a)  A person commits an offense if the person sells, transfers, furnishes, or receives a chemical laboratory apparatus subject to Section 481.080(a) and the person:
(1)  [does not have a chemical laboratory apparatus transfer permit as required by Section 481.081 at the time of the transaction;
[(2)]  does not comply with Section 481.080;
(2) [(3)]  knowingly makes a false statement in a report or record required by Section 481.080 [or 481.081]; or
(3) [(4)]  knowingly violates a rule adopted under Section 481.080 [or 481.081].
SECTION 4.007.  Section 481.301, Health and Safety Code, is amended to read as follows:
Sec. 481.301.  IMPOSITION OF PENALTY. The department may impose an administrative penalty on a person who violates Section 481.067, 481.077, 481.0771, or [481.078,] 481.080[, or 481.081] or a rule or order adopted under any of those sections.
SECTION 4.008. Section 487.053(b), Health and Safety Code, is amended to read as follows:
(b)  Subject to Section 411.503, Government Code, the [The] department shall enforce compliance of licensees and registrants and shall adopt procedures for suspending or revoking a license or registration issued under this chapter and for renewing a license or registration issued under this chapter.
SECTION 4.009.  Sections 487.104(b) and (c), Health and Safety Code, are amended to read as follows:
(b)  If the department denies the issuance or renewal of a license under Subsection (a), the applicant is entitled to a hearing. Chapter 2001, Government Code, applies to a proceeding under this section. [The department shall give written notice of the grounds for denial to the applicant at least 30 days before the date of the hearing.]
(c)  A license issued or renewed under this section expires as determined by the department in accordance with Section 411.511, Government Code [on the second anniversary of the date of issuance or renewal, as applicable].
SECTION 4.010.  Section 487.105(c), Health and Safety Code, is amended to read as follows:
(c)  The department shall conduct a criminal history background check on each individual whose name is provided to the department under Subsection (a) or (b). The director by rule shall:
(1)  require each individual whose name is provided to the department under Subsection (a) or (b) [determine the manner by which an individual is required] to submit a complete set of fingerprints to the department on a form prescribed by the department for purposes of a criminal history background check under this section; and
(2)  establish criteria for determining whether an individual passes the criminal history background check for the purposes of this section.
SECTION 4.011.  The following provisions of the Health and Safety Code are repealed:
(1)  Sections 481.077(e), (f), (g), and (h);
(2)  Section 481.078;
(3)  Sections 481.080(f), (g), (h), and (i); and
(4)  Section 481.081.
SECTION 4.012.  As soon as practicable after the effective date of this Act, the public safety director of the Department of Public Safety shall adopt rules to implement the changes made by Section 487.105(c), Health and Safety Code, as amended by this Act.
SECTION 4.013.  The changes in law made by this Act to Chapter 481, Health and Safety Code, apply only to an offense or violation committed on or after the effective date of this Act. An offense or violation committed before the effective date of this Act is governed by the law in effect on the date the offense or violation was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense or violation was committed before the effective date of this Act if any element of the offense or violation occurred before that date.
SECTION 4.014.  On the effective date of this Act, a permit issued under former Section 481.078 or 481.081, Health and Safety Code, expires.
ARTICLE 5. PRIVATE SECURITY
SECTION 5.001.  Section 1702.002, Occupations Code, is amended by amending Subdivisions (2), (5), (5-a), (17), and (21) and adding Subdivisions (4), (5-b), (5-c), and (8-a) to read as follows:
(2)  "Branch office" means an office that is:
(A)  identified to the public as a place from which business is conducted, solicited, or advertised; and
(B)  at a place other than the principal place of business as shown in department [board] records.
(4)  "Commission" means the Public Safety Commission.
(5)  "Commissioned security officer" means a security officer to whom a security officer commission has been issued by the department [board].
(5-a)  "Committee" means the Texas Private Security Advisory Committee established under this chapter.
(5-b)  "Company license" means a license issued by the department that entitles a person to operate as a security services contractor or investigations company.
(5-c)  "Department" means the Department of Public Safety of the State of Texas.
(8-a)  "Individual license" means a license issued by the department that entitles an individual to perform a service regulated by this chapter for a company license holder, including a personal protection officer license.
(17)  "Personal protection officer license [endorsement]" means a license [permit] issued by the department [board] that entitles an individual to act as a personal protection officer.
(21)  "Security officer commission" means an authorization issued by the department [board] that entitles a security officer to carry a firearm.
SECTION 5.002.  Section 1702.004, Occupations Code, is amended to read as follows:
Sec. 1702.004.  GENERAL SCOPE OF REGULATION. (a)  The department [board, in addition to performing duties required by other law or exercising powers granted by other law]:
(1)  licenses investigations companies and security services contractors;
(2)  issues commissions to certain security officers;
(3)  licenses [issues endorsements to] certain security officers engaged in the personal protection of individuals;
(4)  licenses [registers and endorses]:
(A)  certain individuals connected with a company license holder; and
(B)  certain individuals employed in a field connected to private investigation or private security; and
(5)  regulates company license holders, security officers, [registrants,] and individual license [endorsement] holders under this chapter.
(b)  The commission [board] shall adopt rules necessary to comply with Chapter 53. In its rules under this section, the commission [board] shall list the specific offenses for each category of regulated persons for which a conviction would constitute grounds for the department [board] to take action under Section 53.021.
SECTION 5.003.  Section 1702.005, Occupations Code, is amended to read as follows:
Sec. 1702.005.  DEPARTMENT OF PUBLIC SAFETY; REFERENCES. (a)  [The board created under Section 1702.021 is a part of the department.] The department shall administer this chapter [through the board].
(b)  A reference in this chapter or another law to the Texas Commission on Private Security or the Texas Private Security Board means the department [board].
SECTION 5.004.  The heading to Subchapter B, Chapter 1702, Occupations Code, is amended to read as follows:
SUBCHAPTER B. TEXAS PRIVATE SECURITY ADVISORY COMMITTEE [BOARD]
SECTION 5.005.  Section 1702.021, Occupations Code, is amended to read as follows:
Sec. 1702.021.  COMMITTEE [BOARD] MEMBERSHIP; APPLICABILITY OF OTHER LAW. (a)  The Texas Private Security Advisory Committee [Board] consists of seven members appointed by the commission [governor with the advice and consent of the senate] as follows:
(1)  three public members, each of whom is a citizen of the United States;
(2)  one member who is licensed under this chapter as a private investigator;
(3)  one member who is licensed under this chapter as an alarm systems company;
(4)  one member who is licensed under this chapter as the owner or operator of a guard company; and
(5)  one member who is licensed under this chapter as a locksmith.
(b)  Appointments to the committee [board] shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
(c)  Chapter 2110, Government Code, does not apply to the size, composition, or duration of the advisory committee or to the appointment of the committee's presiding officer.
SECTION 5.006.  Section 1702.023, Occupations Code, is amended to read as follows:
Sec. 1702.023.  ELIGIBILITY OF PUBLIC MEMBERS. The committee's [board's] public members must be representatives of the general public. A person may not be a public member of the committee [board] if the person or the person's spouse:
(1)  is registered, commissioned, certified, or licensed by a regulatory agency in the field of private investigations or private security;
(2)  is employed by or participates in the management of a business entity or other organization regulated by or receiving money from the department [board];
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving money from the department [board]; or
(4)  uses or receives a substantial amount of tangible goods, services, or money from the department [board] other than compensation or reimbursement authorized by law for committee [board] membership, attendance, or expenses.
SECTION 5.007.  Sections 1702.024(b) and (c), Occupations Code, are amended to read as follows:
(b)  A person may not be a committee [board] member, and may not be a department employee whose primary duties include private security regulation and who is employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of private investigation or private security; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of private investigation or private security.
(c)  A person may not be a committee [board] member or act as general counsel to the committee or department [board or agency] if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the committee [agency].
SECTION 5.008.  Section 1702.025, Occupations Code, is amended to read as follows:
Sec. 1702.025.  TERMS; VACANCIES. (a)  The committee [board] members serve staggered six-year terms, with the terms of two or three members expiring on January 31 of each odd-numbered year.
(b)  If a vacancy occurs during the term of a committee [board] member, the commission [governor] shall appoint a new member to fill the unexpired term.
SECTION 5.009.  Section 1702.026, Occupations Code, is amended to read as follows:
Sec. 1702.026.  OFFICERS. (a)  The commission [governor] shall designate one committee [board] member as presiding officer to serve in that capacity at the will of the commission [governor]. The commission [governor] shall designate the presiding officer without regard to race, creed, color, disability, sex, religion, age, or national origin.
(b)  The committee [board] shall elect from among its members an assistant presiding officer and a secretary to serve two-year terms beginning on September 1 of each odd-numbered year.
(c)  The presiding officer of the committee [board] or, in the absence of the presiding officer, the assistant presiding officer shall preside at each committee [board] meeting and perform the other duties prescribed by this chapter.
SECTION 5.010.  Sections 1702.027(a) and (b), Occupations Code, are amended to read as follows:
(a)  It is a ground for removal from the committee [board] that a member:
(1)  does not have the qualifications required by Section 1702.021 at the time of appointment [taking office];
(2)  does not maintain the qualifications required by Section 1702.021 during service on the committee [board];
(3)  is ineligible for membership under Section 1702.023 or 1702.024;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5)  is absent from more than half of the regularly scheduled committee [board] meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the committee [board].
(b)  The validity of an action of the committee [board] is not affected by the fact that it is taken when a ground for removal of a committee [board] member exists.
SECTION 5.011.  Section 1702.029, Occupations Code, is amended to read as follows:
Sec. 1702.029.  MEETINGS. The committee [board] shall meet at least quarterly [at regular intervals to be decided by the board].
SECTION 5.012.  Subchapter B, Chapter 1702, Occupations Code, is amended by adding Sections 1702.031 and 1702.032 to read as follows:
Sec. 1702.031.  DUTIES OF ADVISORY COMMITTEE. The committee shall provide advice and recommendations to the department and commission on technical matters relevant to the administration of this chapter and the regulation of private security industries.
Sec. 1702.032.  COMMISSION LIAISON. The commission shall designate a commission member to serve as a liaison to the committee.
SECTION 5.013.  Section 1702.041, Occupations Code, is amended to read as follows:
Sec. 1702.041.  CHIEF ADMINISTRATOR. (a)  The chief administrator is responsible for the administration of this chapter under the direction of the public safety director [board]. The chief administrator shall perform duties as prescribed by the public safety director [board and the department].
(b)  The chief administrator is a full-time employee of the department. A committee [board] member may not serve as chief administrator.
SECTION 5.014.  Section 1702.044, Occupations Code, is amended to read as follows:
Sec. 1702.044.  QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION. The chief administrator or the chief administrator's designee shall provide to committee [board] members and to department [agency] employees, as often as necessary, information regarding the requirements for service as a committee member [office] or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
SECTION 5.015.  The heading to Subchapter D, Chapter 1702, Occupations Code, is amended to read as follows:
SUBCHAPTER D. POWERS AND DUTIES [OF BOARD]
SECTION 5.016.  Section 1702.061, Occupations Code, is amended to read as follows:
Sec. 1702.061.  GENERAL POWERS AND DUTIES [OF BOARD]. (a)  [The board shall perform the functions and duties provided by this chapter.
[(b)]  The commission [board] shall adopt rules and general policies to guide the department [agency] in the administration of this chapter.
(b) [(c)]  The rules and policies adopted by the commission [board] under Subsection (a) [(b)] must be consistent with this chapter and other commission [board] rules adopted under this chapter and with any other applicable law, state rule, or federal regulation.
(c) [(d)]  The commission [board] has the powers and duties to:
(1)  determine the qualifications of company license holders, individual license holders [registrants, endorsement holders], and commissioned security officers;
(2)  investigate alleged violations of this chapter and of commission [board] rules;
(3)  adopt rules necessary to implement this chapter; and
(4)  establish and enforce standards governing the safety and conduct of each person regulated [licensed, registered, or commissioned] under this chapter.
[(e)     The board shall have a seal in the form prescribed by the board.]
SECTION 5.017.  Section 1702.062, Occupations Code, is amended to read as follows:
Sec. 1702.062.  FEES. (a)  The commission [board] by rule shall establish reasonable and necessary fees that produce sufficient revenue to administer this chapter. The fees may not produce unnecessary fund balances.
(b)  The department [board] may charge a fee each time the department [board] requires a person regulated under this chapter to resubmit a set of fingerprints for processing by the department [board] during the application process for a company license, individual license, [registration, endorsement,] or security officer commission. The commission [board] shall set the fee in an amount that is reasonable and necessary to cover the administrative expenses related to processing the fingerprints.
(c)  A person whose pocket card has not expired is not eligible to receive from the department [board] another pocket card in the same classification in which the pocket card is held.
SECTION 5.018.  The heading to Section 1702.063, Occupations Code, is amended to read as follows:
Sec. 1702.063.  [BOARD] USE OF FINES.
SECTION 5.019.  Section 1702.0635, Occupations Code, is amended to read as follows:
Sec. 1702.0635.  RESTRICTIONS ON CERTAIN RULES. The commission [board] may not adopt rules or establish unduly restrictive experience or education requirements that limit a person's ability to be licensed as an electronic access control device company or be licensed [registered] as an electronic access control device installer.
SECTION 5.020.  Section 1702.064, Occupations Code, is amended to read as follows:
Sec. 1702.064.  RULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a)  The commission [board] may not adopt rules restricting advertising or competitive bidding by a person regulated under this chapter [by the board] except to prohibit false, misleading, or deceptive practices by the person.
(b)  The commission [board] may not include in its rules to prohibit false, misleading, or deceptive practices by a person regulated under this chapter [by the board] a rule that:
(1)  restricts the person's use of any medium for advertising;
(2)  restricts the person's personal appearance or use of the person's personal voice in an advertisement;
(3)  relates to the size or duration of an advertisement by the person; or
(4)  restricts the person's advertisement under a trade name.
SECTION 5.021.  Section 1702.0645, Occupations Code, is amended to read as follows:
Sec. 1702.0645.  PAYMENT OF FEES AND FINES. (a)  The commission [board] may adopt rules regarding the method of payment of a fee or a fine assessed under this chapter.
(b)  Rules adopted under this section may:
(1)  authorize the use of electronic funds transfer or a valid credit card issued by a financial institution chartered by a state or the federal government or by a nationally recognized credit organization approved by the department [board]; and
(2)  require the payment of a discount or a reasonable service charge for a credit card payment in addition to the fee or the fine.
SECTION 5.022.  Section 1702.067, Occupations Code, is amended to read as follows:
Sec. 1702.067.  [BOARD] RECORDS; EVIDENCE. An official record of the department related to this chapter [board] or an affidavit by the chief administrator as to the content of the record is prima facie evidence of a matter required to be kept by the department [board].
SECTION 5.023.  Section 1702.068, Occupations Code, is amended to read as follows:
Sec. 1702.068.  APPEAL BOND NOT REQUIRED. The department [board] is not required to give an appeal bond in any cause arising under this chapter.
SECTION 5.024.  The heading to Subchapter E, Chapter 1702, Occupations Code, is amended to read as follows:
SUBCHAPTER E. PUBLIC INTEREST INFORMATION [AND COMPLAINT PROCEDURES]
SECTION 5.025.  Section 1702.084, Occupations Code, is amended to read as follows:
Sec. 1702.084.  PUBLIC ACCESS TO CERTAIN RECORDS OF DISCIPLINARY ACTIONS. (a)  The department [board] shall make available to the public through a toll-free telephone number, Internet website, or other easily accessible medium determined by the department [board] the following information relating to a disciplinary action taken during the preceding three years regarding a person regulated under this chapter [by the board]:
(1)  the identity of the person;
(2)  the nature of the complaint that was the basis of the disciplinary action taken against the person; and
(3)  the disciplinary action taken by the commission [board].
(b)  In providing the information, the department [board] shall present the information in an impartial manner, use language that is commonly understood, and, if possible, avoid jargon specific to the security industry.
(c)  The department [board] shall update the information on a monthly basis.
(d)  The department [board] shall maintain the confidentiality of information regarding the identification of a complainant.
SECTION 5.026.  Section 1702.085, Occupations Code, is amended to read as follows:
Sec. 1702.085.  CONFIDENTIALITY OF 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 company license holder, individual license holder [registrant], or security officer commission holder are confidential and are not subject to mandatory disclosure under Chapter 552, Government Code.
SECTION 5.027.  Section 1702.102(a), Occupations Code, is amended to read as follows:
(a)  Unless the person holds a license as a security services contractor, a person may not:
(1)  act as an alarm systems company, armored car company, courier company, guard company, or [guard dog company,] locksmith company[, or private security consultant company];
(2)  offer to perform the services of a company in Subdivision (1); or
(3)  engage in business activity for which a license is required under this chapter.
SECTION 5.028.  Section 1702.1025(b), Occupations Code, is amended to read as follows:
(b)  A person licensed as an electronic access control device company may not install alarm systems unless otherwise licensed [or registered] to install alarm systems under this chapter.
SECTION 5.029.  Section 1702.103, Occupations Code, is amended to read as follows:
Sec. 1702.103.  CLASSIFICATION AND LIMITATION OF COMPANY LICENSES. (a)  The company license classifications are:
(1)  Class A: investigations company license, covering operations of an investigations company;
(2)  Class B: security services contractor license, covering operations of a security services contractor;
(3)  Class C: covering the operations included within Class A and Class B;
(4)  Class F: level III training school license; and
(5)  Class O: alarm level I training school license[;
[(6)     Class P: private business letter of authority license;
[(7)     Class X: government letter of authority license; and
[(8)     Class T: telematics license].
(b)  A company license described by this chapter does not authorize the company license holder to perform a service for which the company license holder has not qualified. A person may not engage in an operation outside the scope of that person's company license. The department [board] shall indicate on the company license the services the company license holder is authorized to perform. The company license holder may not perform a service unless it is indicated on the company license.
(c)  A company license is not assignable unless the assignment is approved in advance by the department [board].
(d)  The commission [board] shall prescribe by rule the procedure under which a company license may be terminated.
(e)  The commission [board] by rule may establish other company license classifications for activities expressly regulated by this chapter and may establish qualifications and practice requirements consistent with this chapter for those company license classifications.
SECTION 5.030.  Section 1702.110, Occupations Code, is amended to read as follows:
Sec. 1702.110.  APPLICATION FOR COMPANY LICENSE. (a)  An application for a company license under this chapter must be in the form prescribed by the department [board] and include:
(1)  the full name and business address of the applicant;
(2)  the name under which the applicant intends to do business;
(3)  a statement as to the general nature of the business in which the applicant intends to engage;
(4)  a statement as to the classification for which the applicant requests qualification;
(5)  if the applicant is an entity other than an individual, the full name and residence address of each partner, officer who oversees the security-related aspects of the business, and director of the applicant[, and of the applicant's manager];
(6)  if the applicant is an individual, the fingerprints of the applicant or, if the applicant is an entity other than an individual, of each officer who oversees the security-related aspects of the business and of each partner or shareholder who owns at least a 25 percent interest in the applicant, provided in the manner prescribed by the department [board];
(7)  a verified statement of the applicant's experience qualifications in the particular classification in which the applicant is applying;
(8)  a report from the department stating the applicant's record of any convictions for a Class B misdemeanor or equivalent offense or a greater offense;
(9)  the social security number of the individual making the application; and
(10)  other information, evidence, statements, or documents required by the department [board].
(b)  An applicant for a company license as a security services contractor shall maintain a physical address within this state and provide that address to the department [board]. The commission [board] shall adopt rules to enable an out-of-state company license holder to comply with this subsection.
(c)  The department may return an application for a company license as incomplete if the applicant submits payment of a fee that is returned for insufficient funds and the applicant has received notice and an opportunity to provide payment in full.
SECTION 5.031.  Section 1702.112, Occupations Code, is amended to read as follows:
Sec. 1702.112.  FORM OF COMPANY LICENSE. The department [board] shall prescribe the form of a company license[, including a branch office license]. The company license must include:
(1)  the name of the company license holder;
(2)  the name under which the company license holder is to operate;
(3)  the company license number and the date the company license was issued; and
(4)  a photograph of the company license holder, affixed to the company license at the time the company license is issued by the department [board].
SECTION 5.032.  The heading to Section 1702.113, Occupations Code, is amended to read as follows:
Sec. 1702.113.  GENERAL QUALIFICATIONS FOR COMPANY LICENSE[, CERTIFICATE OF REGISTRATION,] OR SECURITY OFFICER COMMISSION.
SECTION 5.033.  Section 1702.113(a), Occupations Code, is amended to read as follows:
(a)  An applicant for a company license[, certificate of registration, endorsement,] or security officer commission [or the applicant's manager] must be at least 18 years of age and must not:
(1)  at the time of application be charged under an information or indictment with the commission of a Class A or Class B misdemeanor or felony offense determined to be disqualifying by commission [board] rule;
(2)  have been found by a court to be incompetent by reason of a mental defect or disease and not have been restored to competency;
(3)  have been dishonorably discharged from the United States armed services, discharged from the United States armed services under other conditions determined by the commission [board] to be prohibitive, or dismissed from the United States armed services if a commissioned officer in the United States armed services; or
(4)  be required to register in this or any other state as a sex offender[, unless the applicant is approved by the board under Section 1702.3615].
SECTION 5.034.  Section 1702.114, Occupations Code, is amended to read as follows:
Sec. 1702.114.  ADDITIONAL QUALIFICATIONS FOR INVESTIGATIONS COMPANY LICENSE. (a)  An applicant for a company license to engage in the business of an investigations company [or the applicant's manager] must have, before the date of the application, three consecutive years' experience in the investigative field as an employee[, manager,] or owner of an investigations company or satisfy other requirements set by the commission [board].
(b)  The applicant's experience must be:
(1)  reviewed by the department [board or the chief administrator]; and
(2)  determined to be adequate to qualify the applicant to engage in the business of an investigations company.
SECTION 5.035.  Section 1702.115, Occupations Code, is amended to read as follows:
Sec. 1702.115.  ADDITIONAL QUALIFICATIONS FOR SECURITY SERVICES CONTRACTOR LICENSE. (a)  An applicant for a company license to engage in the business of a security services contractor [or the applicant's manager] must have, before the date of the application, two consecutive years' experience in each security services field for which the person applies as an employee[, manager,] or owner of a security services contractor or satisfy other requirements set by the commission [board].
(b)  The applicant's experience must have been obtained legally and must be:
(1)  reviewed by the department [board or the chief administrator]; and
(2)  determined to be adequate to qualify the applicant to engage in the business of a security services contractor.
SECTION 5.036.  Section 1702.117, Occupations Code, is amended to read as follows:
Sec. 1702.117.  EXAMINATION. (a)  The department [board] shall require an applicant for a company license under this chapter [or the applicant's manager] to demonstrate qualifications in the person's company license classification, including knowledge of applicable state laws and commission [board] rules, by taking an examination to be determined by the commission [board].
(b)  Payment of the application fee entitles the applicant [or the applicant's manager] to take one examination without additional charge. A person who fails the examination must pay a reexamination fee to take a subsequent examination.
(c)  The commission [board] shall set the reexamination fee in an amount not to exceed the amount of the renewal fee for the company license classification for which application was made.
(d)  The department [board] shall develop and provide to a person who applies to take the examination under Subsection (a) material containing all applicable state laws and commission [board] rules.
SECTION 5.037.  Section 1702.118, Occupations Code, is amended to read as follows:
Sec. 1702.118.  EXAMINATION RESULTS. (a)  Not later than the 30th day after the date a person takes a licensing examination under this chapter, the department [board] shall notify the person of the examination results.
(b)  If an examination is graded or reviewed by a testing service:
(1)  the department [board] shall notify the person of the examination results not later than the 14th day after the date the department [board] receives the results from the testing service; and
(2)  if notice of the examination results will be delayed for longer than 90 days after the examination date, the department [board] shall notify the person of the reason for the delay before the 90th day.
(c)  The department [board] may require a testing service to notify a person of the results of the person's examination.
(d)  If requested in writing by a person who fails a licensing examination administered under this chapter, the department [board] shall furnish the person with an analysis of the person's performance on the examination.
SECTION 5.038.  Section 1702.1183, Occupations Code, is amended to read as follows:
Sec. 1702.1183.  RECIPROCAL COMPANY LICENSE FOR CERTAIN APPLICANTS. (a)  The department [board] may waive any prerequisite to obtaining a company license for an applicant who holds a company license issued by another jurisdiction with which this state has a reciprocity agreement.
(b)  The commission [board] may make an agreement, subject to the approval of the governor, with another state to allow for licensing by reciprocity.
(c)  The commission [board] shall adopt rules under which the commission [board] may waive any prerequisite to obtaining a company license for, and credit experience for a company license requirement to, an individual who the commission [board] determines has acceptable experience gained during service in a branch of the United States armed forces, including the United States Coast Guard.
SECTION 5.039.  Section 1702.1186, Occupations Code, is amended to read as follows:
Sec. 1702.1186.  PROVISIONAL COMPANY LICENSE. (a)  The department [board] may issue a provisional company license to an applicant currently licensed in another jurisdiction who seeks an equivalent company license in this state and who:
(1)  has been licensed in good standing as an investigations company or security services contractor for at least two years in another jurisdiction, including a foreign country, that has licensing requirements substantially equivalent to the requirements of this chapter;
(2)  has passed a national or other examination recognized by the commission [board] relating to the practice of private investigations or security services contracting; and
(3)  is sponsored by a person licensed by the department [board] under this chapter with whom the provisional company license holder will practice during the time the person holds a provisional company license.
(b)  A provisional company license is valid until the date the department [board] approves or denies the provisional company license holder's application for a company license. The department [board] shall issue a company license under this chapter to the provisional company license holder if:
(1)  the provisional company license holder is eligible to be licensed under Section 1702.1183; or
(2)  the provisional company license holder:
(A)  passes the part of the examination under Section 1702.117(a) that relates to the applicant's knowledge and understanding of the laws and rules relating to the practice of an investigations company or security services contractor in this state;
(B)  is verified by the department [board] as meeting the academic and experience requirements for a company license under this chapter; and
(C)  satisfies any other licensing requirements under this chapter.
(c)  The department [board] must approve or deny a provisional company license holder's application for a company license not later than the 180th day after the date the provisional company license is issued. The department [board] may extend the 180-day period if the results of an examination have not been received by the department [board] before the end of that period.
(d)  The commission [board] may establish a fee for provisional company licenses in an amount reasonable and necessary to cover the cost of issuing the company license.
SECTION 5.040.  Section 1702.122, Occupations Code, is amended to read as follows:
Sec. 1702.122.  TEMPORARY CONTINUATION OF COMPANY LICENSE HOLDER'S BUSINESS. Under the terms provided by commission [board] rule, a company license holder's business may continue for a temporary period if the individual on the basis of whose qualifications a company license under this chapter has been obtained ceases to be connected with the company license holder.
SECTION 5.041.  Section 1702.123, Occupations Code, is amended to read as follows:
Sec. 1702.123.  INSURANCE; BOND. (a)  A company license holder shall maintain on file with the department [board] at all times the surety bond and certificate of insurance required by this chapter.
(b)  The commission [board] shall immediately suspend the company license of a company license holder who violates Subsection (a).
(c)  The commission [board] may rescind the company license suspension if the company license holder provides proof to the commission [board] that the bond or the insurance coverage is still in effect. The company license holder must provide the proof in a form satisfactory to the commission [board] not later than the 10th day after the date the company license is suspended.
(d)  After suspension of the company license, the commission [board] may not reinstate the company license until an application, in the form prescribed by the commission [board], is filed accompanied by a proper bond, insurance certificate, or both. The commission [board] may deny the application notwithstanding the applicant's compliance with this section:
(1)  for a reason that would justify suspending, revoking, or denying a company license; or
(2)  if, during the suspension, the applicant performs a practice for which a company license is required.
SECTION 5.042.  Sections 1702.124(a), (b), and (f), Occupations Code, are amended to read as follows:
(a)  An applicant is not eligible for a company license unless the applicant provides as part of the application:
(1)  a certificate of insurance or other documentary evidence of a general liability insurance policy countersigned by an insurance agent licensed in this state; or
(2)  a certificate of insurance for surplus lines coverage obtained under Chapter 981, Insurance Code, through a licensed Texas surplus lines agent resident in this state.
(b)  The general liability insurance policy must be conditioned to pay on behalf of the company license holder damages that the company license holder becomes legally obligated to pay because of bodily injury, property damage, or personal injury, caused by an event involving the principal, or an officer, agent, or employee of the principal, in the conduct of any activity or service for which the company license holder is licensed under this chapter.
(f)  In addition to the requirements of this section, an applicant or company license holder shall provide and maintain a certificate of insurance or other documentary evidence of insurance sufficient to cover all of the business activities of the applicant or company license holder related to private security.
SECTION 5.043.  Section 1702.125, Occupations Code, is amended to read as follows:
Sec. 1702.125.  BOND REQUIREMENT. A bond executed and filed with the department [board] under this chapter remains in effect until the surety terminates future liability by providing to the department [board] at least 30 days' notice of the intent to terminate liability.
SECTION 5.044.  Section 1702.127, Occupations Code, is amended to read as follows:
Sec. 1702.127.  COMPANY LICENSE HOLDER EMPLOYEES; RECORDS. (a)  A company license holder may be legally responsible for the conduct in the company license holder's business of each employee of the company license holder while the employee is performing assigned duties for the company license holder.
(b)  A company license holder shall maintain a record containing information related to the company license holder's employees as required by the commission [board].
(c)  A company license holder shall maintain for inspection by the department at the company license holder's principal place of business or branch office two recent color photographs, of a type required by the commission [board], of each applicant, individual license holder [registrant], commissioned security officer, and employee of the company license holder.
(d)  A company license holder shall maintain records required under this chapter at a physical address within this state and provide that address to the department [board].
SECTION 5.045.  Section 1702.128, Occupations Code, is amended to read as follows:
Sec. 1702.128.  POSTING OF COMPANY LICENSE REQUIRED. A company license holder shall at all times post[:
[(1)]  the person's license in a conspicuous place in:
(1)  the principal place of business of the company license holder; and
(2)  each branch office [license in a conspicuous place in each branch office] of the company license holder.
SECTION 5.046.  Section 1702.129, Occupations Code, is amended to read as follows:
Sec. 1702.129.  NOTICE OF CERTAIN CHANGES; BRANCH OFFICES. (a)  A company license holder shall notify the department [board] not later than the 14th day after the date of:
(1)  a change of address for the company license holder's principal place of business;
(2)  a change of a name under which the company license holder does business; or
(3)  a change in the company license holder's officers or partners.
(b)  A company license holder shall notify the department [board] in writing not later than the 14th day after the date a branch office:
(1)  is established;
(2)  is closed; or
(3)  changes address or location.
SECTION 5.047.  Section 1702.130(a), Occupations Code, is amended to read as follows:
(a)  A company license holder, or an officer, director, partner, [manager,] or employee of a company license holder, may not:
(1)  use a title, an insignia, or an identification card, wear a uniform, or make a statement with the intent to give an impression that the person is connected with the federal government, a state government, or a political subdivision of a state government; or
(2)  use a title, an insignia, or an identification card or wear a uniform containing the designation "police."
SECTION 5.048.  Section 1702.131, Occupations Code, is amended to read as follows:
Sec. 1702.131.  ADVERTISING. An advertisement by a company license holder soliciting or advertising business must contain the company license holder's company name and address as stated in department [board] records.
SECTION 5.049.  Section 1702.132, Occupations Code, is amended to read as follows:
Sec. 1702.132.  REPORTS TO EMPLOYER OR CLIENT. (a)  A written report submitted to a company license holder's employer or client may only be submitted by the company license holder [or manager] or a person authorized by a company license holder [or manager]. The person submitting the report shall exercise diligence in determining whether the information in the report is correct.
(b)  A company license holder or an officer, director, partner, [manager,] or employee of a company license holder may not knowingly make a false report to the employer or client for whom information is obtained.
SECTION 5.050.  Section 1702.133, Occupations Code, is amended to read as follows:
Sec. 1702.133.  CONFIDENTIALITY; INFORMATION RELATING TO CRIMINAL OFFENSE. (a)  A company license holder or an officer, director, or partner[, or manager] of a company license holder may not disclose to another information obtained by the person for an employer or client except:
(1)  at the direction of the employer or client; or
(2)  as required by state law or court order.
(b)  A company license holder or an officer, director, or partner[, or manager] of a company license holder shall disclose to a law enforcement officer or a district attorney, or that individual's representative, information the person obtains that relates to a criminal offense. A private investigator who is working under the direct supervision of a licensed attorney satisfies this requirement by disclosing the information to the supervising attorney.
SECTION 5.051.  The heading to Section 1702.134, Occupations Code, is amended to read as follows:
Sec. 1702.134.  COMPANY LICENSE HOLDER EXEMPTIONS FROM CERTAIN LOCAL REGULATIONS.
SECTION 5.052.  Sections 1702.134(a) and (b), Occupations Code, are amended to read as follows:
(a)  A company license holder or an employee of a company license holder is not required to obtain an authorization, permit, franchise, or license from, pay another fee or franchise tax to, or post a bond in a municipality, county, or other political subdivision of this state to engage in business or perform a service authorized under this chapter.
(b)  A municipality, county, or other political subdivision of this state may not require a payment for the use of municipal, county, or other public facilities in connection with a business or service provided by a company license holder, except that a municipality may impose and collect:
(1)  a reasonable charge for the use of a central alarm installation located in a police office that is owned, operated, or monitored by the municipality; and
(2)  reasonable inspection and reinspection fees in connection with a device that causes at least five false alarms in a 12-month period.
SECTION 5.053.  Section 1702.161(b), Occupations Code, is amended to read as follows:
(b)  An individual employed as a security officer may not knowingly carry a firearm during the course of performing duties as a security officer unless the department [board] has issued a security officer commission to the individual.
SECTION 5.054.  Section 1702.162, Occupations Code, is amended to read as follows:
Sec. 1702.162.  EMPLOYER'S APPLICATION FOR SECURITY OFFICER COMMISSION. The employer of a security officer who applies for a security officer commission for the officer must submit an application to the department [board] on a form provided by the department [board].
SECTION 5.055.  Section 1702.163(a), Occupations Code, is amended to read as follows:
(a)  An applicant employed by a company license holder is not eligible for a security officer commission unless the applicant submits as part of the application satisfactory evidence that the applicant has:
(1)  completed the basic training course at a school or under an instructor approved by the department [board];
(2)  met each qualification established by this chapter and administrative rule;
(3)  achieved the score required by the department [board] on the examination under Section 1702.1685; and
(4)  demonstrated to the satisfaction of the firearm training instructor that the applicant has complied with other department [board] standards for minimum marksmanship competency with a handgun.
SECTION 5.056.  Section 1702.165, Occupations Code, is amended to read as follows:
Sec. 1702.165.  ISSUANCE OF SECURITY OFFICER COMMISSION; POCKET CARD. (a)  The [board, with the concurrence of the] department:
(1)  may issue a security officer commission to an individual employed as a uniformed security officer; and
(2)  shall issue a security officer commission to a qualified employee of an armored car company that is a carrier conducting the armored car business under a federal or state permit or certificate.
(b)  A security officer commission issued under this section must be in the form of a pocket card designed by the department [board] that identifies the security officer.
SECTION 5.057.  Section 1702.167, Occupations Code, is amended to read as follows:
Sec. 1702.167.  TERMINATION OF EMPLOYMENT AS COMMISSIONED SECURITY OFFICER; TRANSFER OF COMMISSION. The holder of a security officer commission who terminates employment with one employer may transfer the individual's commission to a new employer if, not later than the 14th day after the date the individual begins the new employment, the new employer notifies the department [board] of the transfer of employment on a form prescribed by the department [board], accompanied by payment of the employee information update fee.
SECTION 5.058.  Sections 1702.1675(a), (b), (c), (d), (e), (f), and (i), Occupations Code, are amended to read as follows:
(a)  The commission [board] shall establish a basic training course for commissioned security officers. The course must include, at a minimum:
(1)  general security officer training issues;
(2)  classroom instruction on handgun proficiency; and
(3)  range instruction on handgun proficiency.
(b)  The course must be offered and taught by schools and instructors approved by the department [board]. To receive department [board] approval, a school or an instructor must submit an application to the department [board] on a form provided by the department [board].
(c)  The basic training course established under this section [approved by the board] must consist of a minimum of 30 hours.
(d)  The general security officer training portion of the course must include instruction on:
(1)  [board rules and] applicable rules and state laws;
(2)  field note taking and report writing; and
(3)  any other topics of security officer training curriculum the department [board] considers necessary.
(e)  The department [board] shall develop a commissioned security officer training manual that contains applicable state laws and [board] rules to be used in the instruction and training of commissioned security officers.
(f)  The commission [board] shall adopt rules necessary to administer the provisions of this section concerning the training requirements of this chapter.
(i)  The commission [board] by rule shall establish minimum standards for handgun proficiency that are at least as stringent as the standards for handgun proficiency developed [by the public safety director] under Section 411.188, Government Code.
SECTION 5.059.  Section 1702.168, Occupations Code, is amended to read as follows:
Sec. 1702.168.  FIREARM REQUIREMENTS. (a)  In addition to the requirements of Section 1702.163(a), the commission [board] by rule shall establish other qualifications for individuals who are employed in positions requiring the carrying of firearms. The qualifications may include:
(1)  physical and mental standards; and
(2)  [standards of good moral character; and
[(3)]  other requirements that relate to the competency and reliability of individuals to carry firearms.
(b)  The commission [board] shall prescribe appropriate forms and adopt rules by which evidence is presented that the requirements are fulfilled.
SECTION 5.060.  Sections 1702.1685(b) and (d), Occupations Code, are amended to read as follows:
(b)  Only a department-approved [board-approved] instructor may administer the handgun proficiency examination.
(d)  The school shall maintain the records of the required proficiency and make the records available for inspection by the department [board].
SECTION 5.061.  Section 1702.171, Occupations Code, is amended to read as follows:
Sec. 1702.171.  SECURITY OFFICER COMMISSION RECORDS. The commission [board] shall adopt rules for the maintenance of records relating to an individual to whom the department [board] has issued a security officer commission.
SECTION 5.062.  The heading to Subchapter H, Chapter 1702, Occupations Code, is amended to read as follows:
SUBCHAPTER H. EMPLOYMENT OF COMMISSIONED SECURITY OFFICER BY CERTAIN PERSONS; [LETTER OF AUTHORITY] REQUIREMENTS
SECTION 5.063.  Section 1702.181, Occupations Code, is amended to read as follows:
Sec. 1702.181.  NOTICE AND REGISTRATION [LETTER OF AUTHORITY] REQUIRED; REGISTRY. (a)  The security department of a private business or a political subdivision may not employ a commissioned security officer unless the security department provides notice to the department in the form prescribed by the commission of:
(1)  the security department's intent to employ a commissioned security officer and register with the department under this section;
(2)  the name, title, and contact information of the person serving in the security department as the contact for the department; and
(3)  any change in the information provided in Subdivision (1) or (2) [holds a letter of authority].
(b)  The department shall maintain a registry of security departments that provide notice under Subsection (a) and the name, title, and contact information of the person serving as contact for each security department.
SECTION 5.064.  The heading to Subchapter I, Chapter 1702, Occupations Code, is amended to read as follows:
SUBCHAPTER I. PERSONAL PROTECTION OFFICER LICENSE [ENDORSEMENT] REQUIREMENTS
SECTION 5.065.  Section 1702.201, Occupations Code, is amended to read as follows:
Sec. 1702.201.  PERSONAL PROTECTION OFFICER LICENSE [ENDORSEMENT] REQUIRED. An individual may not act as a personal protection officer unless the individual holds a personal protection officer license [endorsement].
SECTION 5.066.  Section 1702.203, Occupations Code, is amended to read as follows:
Sec. 1702.203.  APPLICATION FOR PERSONAL PROTECTION OFFICER LICENSE [ENDORSEMENT]. An applicant for a personal protection officer license [endorsement] must submit a written application on a form prescribed by the commission [board].
SECTION 5.067.  Section 1702.204, Occupations Code, is amended to read as follows:
Sec. 1702.204.  PERSONAL PROTECTION OFFICER LICENSE [ENDORSEMENT]; QUALIFICATIONS. (a)  An applicant for a personal protection officer license [endorsement] must be at least 21 years of age and must provide:
(1)  a certificate of completion of the basic security officer training course;
(2)  proof that the applicant:
(A)  has been issued a security officer commission;
(B)  is employed at the time of application by an investigations company or guard company licensed by the department [board]; and
(C)  has completed the required training in nonlethal self-defense or defense of a third person; and
(3)  proof of completion and the results of the Minnesota Multiphasic Personality Inventory psychological testing.
(b)  The commission [board] by rule shall require an applicant for a personal protection officer license [endorsement] to complete the Minnesota Multiphasic Personality Inventory test. The department [board] may use the results of the test to evaluate the applicant's psychological fitness.
SECTION 5.068.  Section 1702.205(a), Occupations Code, is amended to read as follows:
(a)  The commission [board] shall establish a 15-hour course for a personal protection officer consisting of training in nonlethal self-defense or defense of a third person.
SECTION 5.069.  Section 1702.206(a), Occupations Code, is amended to read as follows:
(a)  An individual acting as a personal protection officer may not carry a firearm unless the officer:
(1)  is either:
(A)  engaged in the exclusive performance of the officer's duties as a personal protection officer for the employer under whom the officer's personal protection officer license [endorsement] is issued; or
(B)  traveling to or from the officer's place of assignment; and
(2)  carries the officer's security officer commission and personal protection officer license [endorsement] on the officer's person while performing the officer's duties or traveling as described by Subdivision (1) and presents the commission and license [endorsement] on request.
SECTION 5.070.  The heading to Subchapter J, Chapter 1702, Occupations Code, is amended to read as follows:
SUBCHAPTER J. LICENSING AND [REGISTRATION AND ENDORSEMENT REQUIREMENTS;] DUTIES OF INDIVIDUALS [REGISTRANT AND ENDORSEMENT HOLDER]
SECTION 5.071.  Section 1702.221, Occupations Code, is amended to read as follows:
Sec. 1702.221.  INDIVIDUAL LICENSE [REGISTRATION AND ENDORSEMENT] REQUIRED. (a)  To perform any activity regulated by this chapter, the individual must:
(1)  [register in accordance with the requirements of this chapter and related administrative rules;
[(2)]  obtain the proper individual license [endorsement] under Subsection (b); and
(2) [(3)]  be employed by a company license holder [licensed under this chapter].
(b)  An individual must obtain the appropriate individual license [endorsement] in accordance with the requirements of this chapter and related administrative rules if the individual:
(1)  is employed as:
(A)  an alarm instructor;
(B)  an alarm systems installer;
(C)  an alarm systems monitor;
(D)  an electronic access control device installer;
(E)  a level 3 classroom or firearm instructor;
(F)  a locksmith;
(G)  [a dog trainer;
[(H)     a manager or branch office manager;
[(I)]  a noncommissioned security officer;
(H) [(J)]  a level 4 personal protection instructor;
(I) [(K)]  a private investigator; or
(J)  [(L)     a private security consultant;
[(M)     a security salesperson; or
[(N)]  an individual whose duties include performing another activity for which an individual license [endorsement] is required under Subsection (e); or
(2)  is an owner who owns at least a 51 percent interest in a company license holder [who oversees the security-related aspects of the business, officer, partner, or shareholder of a license holder].
(c)  Licensure [Registration and endorsement] under this chapter does not preclude an individual from performing additional duties or services authorized by the individual's employer that are not regulated by this chapter. An individual who performs more than one of the services that require an individual license [an endorsement] under this section must obtain an individual license [an endorsement] for each service.
(d)  In addition to the services listed in Subsection (b), a person holding a security officer commission must also obtain an individual license [an endorsement] for personal protection if the individual performs the services described by Section 1702.202.
(e)  The commission [board] by rule may require a person to hold an individual license [an endorsement] for performing any other activity expressly regulated by this chapter.
SECTION 5.072.  Section 1702.2226(b), Occupations Code, is amended to read as follows:
(b)  A person licensed [registered] as an electronic access control device installer may not install alarm systems unless the person holds an individual license [an endorsement] under this chapter as an alarm systems installer.
SECTION 5.073.  Section 1702.229, Occupations Code, is amended to read as follows:
Sec. 1702.229.  QUALIFICATIONS FOR INDIVIDUAL LICENSE [REGISTRATION]. (a)  An applicant for an individual license [registration] must meet the qualifications required under Section 1702.113 for a company license applicant.
(b)  The commission [In accordance with the requirements of Section 1702.0611, the board] by rule may adopt additional qualifications for an individual to obtain an individual license [be registered] under this subchapter.
SECTION 5.074.  Section 1702.230, Occupations Code, is amended to read as follows:
Sec. 1702.230.  APPLICATION FOR INDIVIDUAL LICENSE [REGISTRATION OR ENDORSEMENT]. (a)  An application for an individual license [registration or endorsement] must be verified and include:
(1)  the applicant's full name, residence address, residence telephone number, date and place of birth, and social security number;
(2)  a statement that:
(A)  lists each name used by the applicant, other than the name by which the applicant is known at the time of application, and an explanation stating each place where each name was used, the date of each use, and a full explanation of the reasons the name was used; or
(B)  states that the applicant has never used a name other than the name by which the applicant is known at the time of application;
(3)  the name and address of the applicant's employer [and, if applicable, the applicant's consulting firm];
(4)  the date the employment described by Subdivision (3) commenced;
(5)  a letter from the company license holder requesting that the applicant be issued an individual license [be registered or endorsed];
(6)  the title of the position occupied by the applicant and a description of the applicant's duties;
(7)  the required fees, including the criminal history check fee established under Section 1702.282;
(8)  fingerprints of the applicant provided in the manner prescribed by the department [board]; and
(9)  any other information, evidence, statement, or document required by the department [board].
(b)  The employer of the applicant shall make a reasonable attempt to verify the information required under Subsection (a)(1) before the earlier of:
(1)  the date the application is submitted; or
(2)  the date the applicant begins to perform the duties of employment that require an individual license [registration].
(c)  An applicant must submit an application that substantially meets the requirements of this section before employment in a capacity for which an individual license [registration] is required.
(d)  For purposes of Subsection (a), an application is not considered to be verified until the department [board] has received electronic verification from the department or the Federal Bureau of Investigation, as applicable, that the applicant has submitted the applicant's fingerprints.
(e)  The department [board] shall make information available to the public concerning whether an applicant for an individual license [registration or endorsement] has met the requirements under this chapter for performing a service for which the individual license [registration or endorsement] is required.
(f)  If information concerning an applicant is not made available under Subsection (e) before the 48th hour after the time the applicant's fingerprints are submitted in accordance with Subsection (a), the applicant may begin performing the duties of employment for which the individual license [registration or endorsement] is required, other than duties as a commissioned security officer, if the employer or its agent:
(1)  verifies through the department's publicly accessible website that the applicant is:
(A)  not disqualified for the individual license [registration or endorsement] based on the applicant's criminal history; and
(B)  not required to register as a sex offender under Chapter 62, Code of Criminal Procedure; and
(2)  maintains in the applicant's employee file a copy of the search results obtained under Subdivision (1).
SECTION 5.075.  Section 1702.2305, Occupations Code, is amended to read as follows:
Sec. 1702.2305.  PROVISIONAL INDIVIDUAL LICENSE [REGISTRATION]. (a)  The department [board] may issue a provisional individual license [registration] to an applicant currently licensed [registered] in another jurisdiction who seeks an equivalent license [registration] in this state and who:
(1)  has been licensed [registered] in good standing in the field in which the individual license [registration] is sought for at least two years in another jurisdiction, including a foreign country, that has licensing [registration] requirements substantially equivalent to the requirements of this chapter;
(2)  has passed a national or other examination recognized by the commission [board] relating to practice in the field in which the individual license [registration] is sought; and
(3)  is employed by a company license holder [person licensed by the board under this chapter] with whom the provisional individual license holder [registration holder] will practice during the time the person holds a provisional individual license [registration].
(b)  A provisional individual license [registration] is valid until the date the department [board] approves or denies the provisional individual license [registration] holder's application for an individual license [a registration]. The department [board] shall issue an individual license [a registration] under this chapter to the provisional individual license [registration] holder if the provisional individual license [registration] holder is eligible to be licensed [registered] under this chapter.
(c)  The department [board] must approve or deny a provisional individual license [registration] holder's application for an individual license [a registration] not later than the 180th day after the date the provisional individual license [registration] is issued. The department [board] may extend the 180-day period if the results of an examination have not been received by the department [board] before the end of that period.
(d)  The commission [board] may establish a fee for a provisional individual license [registration] in an amount reasonable and necessary to cover the cost of issuing the individual license [registration].
SECTION 5.076.  Section 1702.232, Occupations Code, is amended to read as follows:
Sec. 1702.232.  POCKET CARDS. (a)  The department [board] shall issue a pocket card for each individual license holder [registrant] under this chapter. A pocket card for an owner[, officer, partner, or shareholder] of a company license holder shall be issued to the company license holder.
(b)  The department [board] shall determine the size, design, and content of the pocket card.
(c)  The pocket card must:
(1)  state the name of the individual license holder [registrant];
(2)  contain a color photograph, affixed to the pocket card by the department [board] at the time the card is issued, and the signature of the individual license holder [registrant]; and
(3)  state the date the card was issued and the card's expiration date[; and
[(4)     state each endorsement held by the registrant and the date the endorsement expires].
SECTION 5.077.  Section 1702.233, Occupations Code, is amended to read as follows:
Sec. 1702.233.  DURATION OF POCKET CARDS. A pocket card issued for an individual license holder [a registrant is valid for two years and] expires on the date the individual license [registration] expires under Section 1702.301(b) [1702.301(d), (e), or (f)].
SECTION 5.078.  Section 1702.234, Occupations Code, is amended to read as follows:
Sec. 1702.234.  [REGISTRATION AND ENDORSEMENT] TRANSFER OF INDIVIDUAL LICENSE. An individual license holder [A registrant] may transfer the holder's license [registrant's registration and endorsements] from one employer to another employer if, not later than the 14th day after the date the individual license holder [registrant] begins the new employment, the new employer notifies the department [board] of the transfer of employment on a form prescribed by the commission [board] accompanied by payment of the employee information update fee.
SECTION 5.079.  Section 1702.235, Occupations Code, is amended to read as follows:
Sec. 1702.235.  PREEMPLOYMENT CHECK FOR NONCOMMISSIONED SECURITY OFFICERS. A person may not hire a noncommissioned security officer unless the person conducts a preemployment check as required by commission [board] rule.
SECTION 5.080.  Section 1702.236, Occupations Code, is amended to read as follows:
Sec. 1702.236.  EXAMINATION AND TRAINING REQUIREMENTS FOR ELECTRONIC ACCESS CONTROL DEVICE INSTALLERS. (a)  The department [board] shall require an individual who applies for an individual license [endorsement] as an electronic access control device installer to pass an examination given by the department [board] or a person approved by the department [board]. The examination must cover material related to access control.
(b)  The commission [On and after September 1, 2005, the board] by rule may allow an electronic access control device installer to obtain or renew an individual license [endorsement] by fulfilling the requirements of a commission-approved [board-approved], industry-based educational training program.
SECTION 5.081.  Section 1702.239, Occupations Code, is amended to read as follows:
Sec. 1702.239.  TRAINING REQUIREMENTS FOR ALARM SYSTEMS INSTALLER [AND SECURITY SALESPERSON]; EXAMINATION. (a)  The commission [board] may require that an individual employed as an alarm systems installer [or security salesperson] hold a certification by a commission-approved [board-approved] training program to renew an individual license [endorsement]. The commission [board] may approve only nationally recognized training programs that consist of at least 16 hours of classroom study in the areas of work allowed by the individual license [endorsement]. To be approved, a training program must offer at least two certification programs each year, sufficient to complete the requirements of this subsection, within 100 miles of each county in the state that has a population of more than 500,000.
(b)  The commission [board] may require an individual who has completed a training program under Subsection (a) to pass an examination given by the department [board] or by a person approved by the department [board]. The commission [board] may approve examinations in conjunction with training programs approved under Subsection (a). The individual's performance on the examination must demonstrate the individual's qualifications to perform the duties allowed by the individual's individual license [endorsement].
(c)  [An individual who holds a registration on September 30, 1993, is not required to comply with requirements adopted under Subsections (a) and (b) during the time the individual maintains the registration with the individual's current license holder.
[(d)]  If the commission [board] requires certification or examination under this section, the commission [board] shall adopt [implement] rules to require that to renew an individual license [endorsement], an individual who is employed as an alarm systems installer [or a security salesperson] and who has already once renewed the individual license [endorsement] must obtain continuing education credits related to the line of work for which the individual is licensed. If the commission [board] requires the continuing education, the chief administrator must approve classes offered by nationally recognized organizations, and participants in the classes must qualify according to commission [board] rules.
SECTION 5.082.  Section 1702.240, Occupations Code, is amended to read as follows:
Sec. 1702.240.  [REGISTRATION] EXEMPTIONS FOR UNDERCOVER AGENT. (a)  For the purposes of this section, "undercover agent" means an individual hired by a person to perform a job in or for that person, and while performing that job, to act as an undercover agent, an employee, or an independent contractor of a company license holder, but supervised by a company license holder.
(b)  An employee of a company license holder who is employed exclusively as an undercover agent is not required to obtain an individual license [register with the board].
SECTION 5.083.  Section 1702.241, Occupations Code, is amended to read as follows:
Sec. 1702.241.  JURISPRUDENCE EXAMINATION. (a)  The commission [board] may develop and the department may administer at least twice each calendar year a jurisprudence examination to determine the knowledge that an applicant for an individual license [endorsement] has of this chapter, commission [board] rules, and any other applicable laws of this state affecting the applicant's activities regulated under this chapter.
(b)  Before the department [board] may administer a jurisprudence examination under this section, the commission [board] shall adopt rules to implement this section, including rules related to the development and administration of the examination, examination fees, guidelines for reexamination, grading the examination, and providing notice of examination results. The department [board] may design different examinations for different types of individual licenses [endorsements].
SECTION 5.084.  Section 1702.282, Occupations Code, is amended to read as follows:
Sec. 1702.282.  CRIMINAL HISTORY CHECK. (a)  The department [board] shall conduct a criminal history check, including a check of any criminal history record information maintained by the Federal Bureau of Investigation, in the manner provided by Subchapter F, Chapter 411, Government Code, on each applicant for a license or[, registration,] security officer commission issued under this chapter[, letter of approval, permit, endorsement, or certification]. As part of its criminal history check, the department [board] may request that the applicant provide certified copies of relevant court documents or other records. The failure to provide the requested records within a reasonable time as determined by the department [board] may result in the application being considered incomplete. An applicant is not eligible for a license or security officer[, registration,] commission issued under this chapter[, letter of approval, permit, endorsement, or certification] if the check reveals that the applicant has committed an act that constitutes grounds for the denial of the license or[, registration,] commission[, letter of approval, permit, endorsement, or certification]. Except as provided by Subsection (d), each applicant shall submit at the time of application, including an application for the renewal of a license or security officer[, registration,] commission issued under this chapter[, letter of approval, permit, endorsement, or certification], fingerprints in the manner prescribed by the department [board] accompanied by the fee set by the commission [board].
(b)  Before beginning employment as a commissioned security officer, the applicant must be approved by the department [board] based on the results of the check under Subsection (a). To continue employment in a capacity regulated under this chapter other than as a commissioned security officer, the applicant must be approved by the department [board] based on the results of the check under Subsection (a) not later than the 120th day after the date the applicant begins employment in that capacity.
(c)  A license or[, registration,] security officer commission[, letter of approval, permit, endorsement, or certification] issued by the department [board] is conditional on the department's review [board's receipt] of criminal history record information.
(d)  An applicant who is a peace officer is not required to submit fingerprints with the applicant's application. On request, the law enforcement agency or other entity that employs the peace officer or the entity that maintains the peace officer's fingerprints shall provide the fingerprints for the peace officer to the department [board]. The applicant shall provide sufficient information to the department [board] to enable the department [board] to obtain the fingerprints under this subsection.
(e)  On receipt of notice that a check of the applicant's criminal record has uncovered an unresolved and potentially disqualifying arrest that occurred before the 10th anniversary of the date the application is filed, the applicant must provide a letter of reference from the county sheriff, prosecuting attorney, or judge of the county in which the applicant was arrested stating that a record of a disposition related to the arrest does not exist, and to the best of the county sheriff's, prosecuting attorney's, or judge's knowledge the applicant is free of any disqualifying convictions. If the applicant fails to provide either the letter of reference or documentary proof of the final disposition of the arrest, the application is considered incomplete and the applicant may not be issued a license or security officer[,] commission[, endorsement, or certificate of registration] under this chapter.
SECTION 5.085.  Section 1702.283, Occupations Code, is amended to read as follows:
Sec. 1702.283.  CRUELTY TO ANIMALS. A person who has been convicted of cruelty to animals under Section 42.09 or 42.092, Penal Code,[:
[(1)     is ineligible for a license as a guard dog company or for endorsement as a dog trainer; and
[(2)]  may not be employed to work with dogs as a security officer by a security services contractor or security department of a private business that uses dogs to protect individuals or property or to conduct investigations.
SECTION 5.086.  Section 1702.284(a), Occupations Code, is amended to read as follows:
(a)  Information contained in alarm systems records maintained by a governmental body that concerns the location of an alarm system, the name of the occupant of an alarm system location, or the type of alarm system used is confidential and may be disclosed only to the department [board], to the alarm company to which the confidential records relate, or as otherwise required by state law or court order.
SECTION 5.087.  Section 1702.285, Occupations Code, is amended to read as follows:
Sec. 1702.285.  FALSE REPRESENTATION. A person may not represent falsely that the person:
(1)  is employed by a company license holder; or
(2)  has a license or security officer commission [is licensed, registered, endorsed, or commissioned] under this chapter.
SECTION 5.088.  Sections 1702.288(a), (d), and (f), Occupations Code, are amended to read as follows:
(a)  The commission [board] shall adopt rules in accordance with this section that require a company license holder acting as an alarm systems company under this chapter to inform each of the license holder's clients that the client is entitled to receive a written contract for alarm system services that contains the client's fee arrangement and other relevant information about services to be rendered.
(d)  The rules shall require that, not later than the seventh day after the date of entering into a contract for services regulated by the department [board] with another alarm systems company or alarm systems monitor, an alarm systems company shall:
(1)  notify the recipient of those services of the name, address, and telephone number and individual to contact at the company that purchased the contract;
(2)  notify the recipient of services at the time the contract is negotiated that another licensed company may provide any of the services requested by subcontracting or outsourcing those services; and
(3)  if any of the services are subcontracted or outsourced to a licensed third party, notify the recipient of services, by mail, of the name, address, phone number, and license number of the company providing those services.
(f)  A company license holder acting as an alarm systems company does not have to provide the notice required under Subsection (d) if the contact information, including the address and the telephone numbers for the alarm systems company, has not changed.
SECTION 5.089.  Section 1702.289, Occupations Code, is amended to read as follows:
Sec. 1702.289.  INSPECTIONS. (a)  An employee or agent of the department [or board, as applicable,] who enters the place of business of a person regulated under this chapter for the purpose of conducting an inspection or audit must:
(1)  notify the manager or owner of the business of the presence of the person conducting the inspection or audit; and
(2)  present the manager or owner of the business with credentials that identify the person conducting the inspection or audit as an employee or agent of the department [or board].
(b)  This section does not prohibit the department [or board] from conducting an undercover investigation or covert audit in order to determine compliance with this chapter or a rule adopted under this chapter.
SECTION 5.090.  Sections 1702.301(b), (c), and (h), Occupations Code, are amended to read as follows:
(b)  A company license, individual license, and security officer commission expire on the dates determined by the commission under Section 411.511, Government Code, but not later than [expires on] the second anniversary of the date the license or commission is issued.
(c)  A personal protection officer license [endorsement] expires on the date determined by the commission under Section 411.511, Government Code, but not later than [on] the expiration date of the security officer commission under which the license [individual's endorsement] is issued.
(h)  A license[, registration, or endorsement] issued under this chapter, other than one specified in this section, expires on the date determined by the commission under Section 411.511, Government Code, but not later than the second anniversary of the date the license is issued [specified by this chapter or by board rule].
SECTION 5.091.  Sections 1702.302(a), (b), (c), and (e), Occupations Code, are amended to read as follows:
(a)  A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the department [board] before the expiration date of the license. A person whose license has expired may not engage in activities that require a license until the license has been renewed.
(b)  A person whose license has been expired for 90 days or less may renew the license by paying to the department [board] a renewal fee that is equal to 1-1/2 times the normally required renewal fee.
(c)  A person whose license has been expired for longer than 90 days but less than one year may renew the license by paying to the department [board] a renewal fee that is equal to two times the normally required renewal fee.
(e)  Not later than the 30th day before the date a person's license is scheduled to expire, the department [board] shall send written notice of the impending expiration to the person at the person's last known address according to the department's [board's] records.
SECTION 5.092.  Section 1702.303, Occupations Code, is amended to read as follows:
Sec. 1702.303.  RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER. A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date the person applies for renewal may obtain a new license without reexamination. The person must pay to the department [board] a fee that is equal to two times the normally required renewal fee for the license.
SECTION 5.093.  Sections 1702.308(b) and (c), Occupations Code, are amended to read as follows:
(b)  The department [board] shall recognize, prepare, or administer continuing education programs for company license holders, commissioned security officers, and individual license [endorsement] holders. The commission [board] shall set the minimum number of hours that must be completed and the types of programs that may be offered.
(c)  A company license holder, commissioned security officer, or individual license [endorsement] holder must participate in the programs to the extent required by the commission [board] to keep the person's license or[,] commission[, or endorsement]. A company license holder, commissioned security officer, or individual license [endorsement] holder shall submit evidence of compliance with the commission's [board's] continuing education requirements in a manner prescribed by the department [board].
SECTION 5.094.  Section 1702.309(a), Occupations Code, is amended to read as follows:
(a)  The commission [board] by rule shall develop a continuing education course required for renewal of a security officer commission. Only a department-approved [board-approved] instructor may administer the continuing education course. The course must include at least six hours of instruction determined by the department [chief administrator of the board].
SECTION 5.095.  Sections 1702.321(b), (c), and (e), Occupations Code, are amended to read as follows:
(b)  The provisions of this chapter relating to security officer commissions apply to a person employed by a political subdivision whose duties include serving as a security guard, security watchman, or security patrolman on property owned or operated by the political subdivision if the governing body of the political subdivision files a written request with the department [board] for the department [board] to issue a commission to the political subdivision's employees with those duties.
(c)  The department [board] may not charge a fee for issuing a commission to an officer under Subsection (b). The department [board] shall issue to the officer a pocket card designating the political subdivision that employs the officer.
(e)  The department [board] may approve a security officer training program conducted by the political subdivision in accordance with Sections 1702.1675 and 1702.168.
SECTION 5.096.  Sections 1702.323(c) and (c-1), Occupations Code, are amended to read as follows:
(c)  The security department of a private business may not hire or employ an individual to perform a duty described by Section 1702.222 if the individual has been convicted of a crime that would otherwise preclude the individual from being licensed [registered] under this chapter. The private business shall maintain the individual's criminal history record on file at the business and shall make the record available for inspection by the department [Department of Public Safety].
(c-1)  Although the security department of a private business that hires or employs an individual as a private security officer to possess a firearm in the course and scope of the individual's duties is required to apply for a security officer commission for the individual under this chapter, the security department of a private business is not required to apply [to the board] for any license under this chapter.
SECTION 5.097.  Section 1702.331(b), Occupations Code, is amended to read as follows:
(b)  This chapter does not apply to:
(1)  an alarm systems company that sells, installs, services, monitors, or responds to only personal emergency response systems;
(2)  an alarm systems installer who installs, maintains, or repairs only personal emergency response systems; and
(3)  [a manager or branch office manager of an alarm systems company described by Subdivision (1);
[(4)     a security salesperson who is employed by an alarm systems company described by Subdivision (1) to sell services offered by the company; and
[(5)]  an owner[, officer, partner, or shareholder] of an alarm systems company described by Subdivision (1).
SECTION 5.098.  Sections 1702.332(c) and (d), Occupations Code, are amended to read as follows:
(c)  To qualify for the exemption provided by Subsection (b), a telematics service provider shall[:
[(1)]  establish business practices and procedures that are at least as stringent as the guidelines established by the Association of Public Safety Communications Officials International regarding the communication of information from telematics service providers to public safety agencies[; and
[(2)     pay an annual fee of $2,500 to the department].
(d)  The commission [department] may adopt rules necessary to carry out the purposes of this section, including rules to determine whether a telematics service provider is complying with Subsection (c).
SECTION 5.099.  Section 1702.361, Occupations Code, is amended to read as follows:
Sec. 1702.361.  DENIAL AND DISCIPLINARY ACTIONS; GROUNDS. (a)  The commission [department], for conduct described by Subsection (b), may:
(1)  deny an application or revoke, suspend, or refuse to renew a license[, registration, endorsement,] or security officer commission;
(2)  reprimand a license holder[, registrant,] or commissioned security officer; or
(3)  place on probation a person whose license[, registration, endorsement,] or security officer commission has been suspended.
(b)  The commission [department] shall take disciplinary action described by Subsection (a) on proof:
(1)  that the applicant, license holder, [manager or] majority owner of a license holder, [registrant, endorsement holder,] or commissioned security officer has:
(A)  violated this chapter or a rule adopted under this chapter;
(B)  become ineligible for licensure[, registration, or endorsement under Section 1702.113,] or a security officer commission under Section 1702.163, if applicable, other than an action for which the department has taken summary action under Section 1702.364;
(C)  engaged in fraud, deceit, or misrepresentation;
(D)  made a material misstatement in an application for or renewal of a license[, registration, endorsement,] or commission;
(E)  failed to pay in full an administrative penalty assessed under Subchapter R, Chapter 411, Government Code [Q], for which the commission [board] has issued a final order; or
(F)  performed any service for which an individual license [endorsement] is required under this chapter and either:
(i)  was not employed with a company licensed under this chapter at the time the service was performed; or
(ii)  performed the service for a company licensed under this chapter that was not listed on the individual's individual license [registration] without informing the department [board] of the individual's employment with the company within a reasonable period; or
[(G)     failed to qualify a new manager within the time required by board rule following the termination of a manager; or]
(2)  that the company license holder employing an individual license holder [of a registrant] or commissioned security officer has submitted to the department sufficient evidence that the individual license holder [registrant] or commissioned security officer:
(A)  engaged in fraud or deceit while employed by the company license holder; or
(B)  committed theft while performing work as an individual license holder [a registrant] or commissioned security officer.
(c)  The commission [department] may place on probation a person whose license is suspended. If a person's suspension of a license is probated, the commission [department] may require the person:
(1)  to report regularly to the department on matters that are the basis of the suspension;
(2)  to limit practice to the areas prescribed by the commission [department]; or
(3)  to continue or review professional education until the person attains a degree of skill satisfactory to the commission [department] in those areas that are the basis of the probation.
(d)  The commission [department] may revoke a license[, certificate, registration, endorsement,] or security officer commission if the person holding that credential under this chapter submits payment of a fee or penalty that is returned for insufficient funds and the person has received notice and an opportunity to provide payment in full.
SECTION 5.100.  Section 1702.363, Occupations Code, is amended to read as follows:
Sec. 1702.363.  RIGHT TO HEARING [APPLICATION OF ADMINISTRATIVE PROCEDURE ACT]. Except as provided by Section [Sections 1702.3615(b) and] 1702.364, a person regulated under this chapter against whom the commission [board] has taken action is entitled to a hearing before the State Office of Administrative Hearings. [A proceeding under this section is a contested case that is governed by Chapter 2001, Government Code.]
SECTION 5.101.  Sections 1702.364(a), (b), (c), (d), (e), and (f), Occupations Code, are amended to read as follows:
(a)  On receiving written notice from a law enforcement agency that a person has been charged with or convicted of an offense that would make the person ineligible for a license[, certificate of registration, endorsement,] or security officer commission under Section 1702.113 or 1702.163, or a rule adopted under Section 1702.004(b), the commission [department] shall:
(1)  summarily deny the person's application for a license[, registration, endorsement,] or security officer commission;
(2)  in the event of pending charges, summarily suspend the person's license[, certificate of registration, endorsement,] or security officer commission; or
(3)  in the event of a conviction, summarily revoke the person's license[, certificate of registration, endorsement,] or security officer commission.
(b)  To initiate a proceeding to take action under Subsection (a), the department must serve notice to the person. The notice must:
(1)  inform the person of the person's right to a [preliminary] hearing before the department or the department's designee;
(2)  state the basis for the summary action; and
(3)  be personally served on the person or the person's authorized representative, or sent to the person by certified or registered mail, return receipt requested, to the person's mailing address as it appears in the department's records.
(c)  The action is effective at the time notice is served. The person shall immediately surrender to the department any [certificate of registration,] security officer commission, pocket card, or other form of identification issued by the department.
(d)  At a [preliminary] hearing under this section, the person must show cause why:
(1)  the application should not have been denied;
(2)  the [registration,] license[, endorsement,] or security officer commission should not have been suspended; or
(3)  the [registration,] license[, endorsement,] or commission should not have been revoked.
(e)  Subchapter R applies [Chapter 2001, Government Code, does not apply] to a proceeding under this section for the summary denial of an application for or the summary suspension or revocation of a license or security officer commission [the department's initial action under this section or to a preliminary hearing before the department under this section].
(f)  The dismissal of a complaint, information, or indictment or an acquittal releases the person from automatic grounds for a summary denial of an application or summary suspension of a license or [registration, endorsement, or] security officer commission under this section. A conviction for the offense giving rise to a summary suspension is automatic grounds for immediate, summary revocation.
SECTION 5.102.  Section 1702.365, Occupations Code, is amended to read as follows:
Sec. 1702.365.  ABDUCTION OF CHILD. The commission [board] shall revoke a person's license[, registration, endorsement,] or security officer commission or deny a person's application for, or renewal of, a license[, registration, endorsement,] or security officer commission on proof that the person or an agent of the person has, after the date of application for a license[, registration, endorsement,] or security officer commission, abducted or attempted to abduct by force or the threat of force or by misrepresentation, stealth, or unlawful entry a child who at the time of the abduction or attempt is under the care and control of a person who:
(1)  has custody or physical possession of the child under a court order; or
(2)  is exercising the care and control with the consent of a person who has custody or physical possession of the child under a court order.
SECTION 5.103.  Sections 1702.367(a), (c), (d), and (e), Occupations Code, are amended to read as follows:
(a)  For an investigation conducted under this chapter, if necessary to enforce this chapter or the commission [board's] rules adopted under this chapter, the department may issue an administrative subpoena to any person in this state compelling:
(1)  the production of information or documents; or
(2)  the attendance and testimony of a witness.
(c)  A person required to testify or to produce a record or document on any matter properly under inquiry by the department [board] who refuses to testify or to produce the record or document on the ground that the testimony or the production of the record or document would incriminate or tend to incriminate the person is nonetheless required to testify or to produce the record or document. A person who is required to testify or to produce a record or document under this subsection is not subject to indictment or prosecution for a transaction, matter, or thing concerning which the person truthfully testifies or produces evidence.
(d)  If a witness refuses to obey a subpoena or to give evidence relevant to proper inquiry by the department [board], the department [board] may petition a district court of the county in which the hearing is held to compel the witness to obey the subpoena or to give the evidence. The court shall immediately issue process to the witness and shall hold a hearing on the petition as soon as possible.
(e)  An investigator employed by the department [board] may take statements under oath in an investigation of a matter covered by this chapter.
SECTION 5.104.  Section 1702.368, Occupations Code, is amended to read as follows:
Sec. 1702.368.  NOTIFICATION OF CONVICTION FOR CERTAIN OFFENSES. The department shall notify the [board and the] police department of the municipality and the sheriff's department of the county in which a person licensed[, registered,<