Because of the large size of this file, it has been edited so that only provisions
affecting the text of statutes in Baker's Texas Handbook Series are retained. For the complete text
of this bill, see the web site of the
Texas Legislative Reference Library.
1-1 AN ACT
1-2 relating to nonsubstantive additions to and corrections in enacted
1-3 codes, to the nonsubstantive codification or disposition of various
1-4 laws omitted from enacted codes, and to conforming codifications
1-5 enacted by the 76th Legislature to other Acts of that legislature.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1. GENERAL PROVISIONS
1-8 SECTION 1.001. This Act is enacted as part of the state's
1-9 continuing statutory revision program under Chapter 323, Government
1-10 Code. This Act is a revision for purposes of Section 43, Article
1-11 III, Texas Constitution, and has the purposes of:
1-12 (1) codifying without substantive change various
1-13 statutes that were omitted from enacted codes;
1-14 (2) conforming codifications enacted by the 76th
1-15 Legislature to other Acts of that legislature that amended the laws
1-16 codified or added new law to subject matter codified;
1-17 (3) making necessary corrections to enacted
1-18 codifications; and
1-19 (4) renumbering titles, chapters, and sections of
1-20 codes that duplicate title, chapter, or section numbers.
1-21 SECTION 1.002. (a) The repeal of a statute by this Act does
1-22 not affect an amendment, revision, or reenactment of the statute by
1-23 the 77th Legislature, Regular Session, 2001. The amendment,
1-24 revision, or reenactment is preserved and given effect as part of
2-1 the code provision that revised the statute so amended, revised, or
2-2 reenacted.
2-3 (b) If any provision of this Act conflicts with a statute
2-4 enacted by the 77th Legislature, Regular Session, 2001, the statute
2-5 controls.
2-6 SECTION 1.003. (a) A transition or saving provision of a law
2-7 codified by this Act applies to the codified law to the same extent
2-8 as it applied to the original law.
2-9 (b) The repeal of a transition or saving provision by this
2-10 Act does not affect the application of the provision to the
2-11 codified law.
2-12 (c) In this section, "transition provision" includes any
2-13 temporary provision providing for a special situation in the
2-14 transition period between the existing law and the establishment or
2-15 implementation of the new law.
5-10 ARTICLE 3. CHANGES RELATING TO CODE
5-11 OF CRIMINAL PROCEDURE
5-12 SECTION 3.001. Article 2.12, Code of Criminal Procedure, as
5-13 amended by Chapters 90, 322, 882, and 974, Acts of the 76th
5-14 Legislature, Regular Session, 1999, is amended to correct
5-15 cross-references and renumber duplicate provisions to read as
5-16 follows:
5-17 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
5-18 officers:
5-19 (1) sheriffs, their deputies, and those reserve
5-20 deputies who hold a permanent peace officer license issued under
5-21 Chapter 1701, Occupations 415, Government Code;
5-22 (2) constables, deputy constables, and those reserve
5-23 deputy constables who hold a permanent peace officer license issued
5-24 under Chapter 1701, Occupations 415, Government Code;
5-25 (3) marshals or police officers of an incorporated
5-26 city, town, or village, and those reserve municipal police officers
5-27 who hold a permanent peace officer license issued under Chapter
6-1 1701, Occupations 415, Government Code;
6-2 (4) rangers and officers commissioned by the Public
6-3 Safety Commission and the Director of the Department of Public
6-4 Safety;
6-5 (5) investigators of the district attorneys', criminal
6-6 district attorneys', and county attorneys' offices;
6-7 (6) law enforcement agents of the Texas Alcoholic
6-8 Beverage Commission;
6-9 (7) each member of an arson investigating unit
6-10 commissioned by a city, a county, or the state;
6-11 (8) officers commissioned under Section 37.081,
6-12 Education Code, or Subchapter E, Chapter 51, Education Code;
6-13 (9) officers commissioned by the General Services
6-14 Commission;
6-15 (10) law enforcement officers commissioned by the
6-16 Parks and Wildlife Commission;
6-17 (11) airport police officers commissioned by a city
6-18 with a population of more than one million, according to the most
6-19 recent federal census, that operates an airport that serves
6-20 commercial air carriers;
6-21 (12) airport security personnel commissioned as peace
6-22 officers by the governing body of any political subdivision of this
6-23 state, other than a city described by Subdivision (11), that
6-24 operates an airport that serves commercial air carriers;
6-25 (13) municipal park and recreational patrolmen and
6-26 security officers;
6-27 (14) security officers commissioned as peace officers
7-1 by the comptroller;
7-2 (15) officers commissioned by a water control and
7-3 improvement district under Section 49.216, Water Code;
7-4 (16) officers commissioned by a board of trustees
7-5 under Chapter 54, Transportation Code 341, Acts of the 57th
7-6 Legislature, Regular Session, 1961 (Article 1187f, Vernon's Texas
7-7 Civil Statutes);
7-8 (17) investigators commissioned by the Texas State
7-9 Board of Medical Examiners;
7-10 (18) officers commissioned by the board of managers of
7-11 the Dallas County Hospital District, the Tarrant County Hospital
7-12 District, or the Bexar County Hospital District under Section
7-13 281.057, Health and Safety Code;
7-14 (19) county park rangers commissioned under Subchapter
7-15 E, Chapter 351, Local Government Code;
7-16 (20) investigators employed by the Texas Racing
7-17 Commission;
7-18 (21) officers commissioned under Chapter 554,
7-19 Occupations Code by the State Board of Pharmacy;
7-20 (22) officers commissioned by the governing body of a
7-21 metropolitan rapid transit authority under Section 451.108,
7-22 Transportation Code, or by a regional transportation authority
7-23 under Section 452.110, Transportation Code;
7-24 (23) investigators commissioned by the attorney
7-25 general under Section 402.009, Government Code;
7-26 (24) security officers and investigators commissioned
7-27 as peace officers under Chapter 466, Government Code;
8-1 (25) an officer employed by the Texas Department of
8-2 Health under Section 431.2471, Health and Safety Code;
8-3 (26) officers appointed by an appellate court under
8-4 Subchapter F, Chapter 53, Government Code;
8-5 (27) officers commissioned by the state fire marshal
8-6 under Chapter 417, Government Code;
8-7 (28) an investigator commissioned by the commissioner
8-8 of insurance under Article 1.10D, Insurance Code;
8-9 (29) apprehension specialists commissioned by the
8-10 Texas Youth Commission as officers under Section 61.0931, Human
8-11 Resources Code; and
8-12 (30) officers appointed by the executive director of
8-13 the Texas Department of Criminal Justice under Section 493.019,
8-14 Government Code; .
8-15 (31) (30) investigators commissioned by the
8-16 Commission on Law Enforcement Officer Standards and Education under
8-17 Section 1701.160, Occupations 415.016, Government Code; and .
8-18 (32) commission (30) board investigators
8-19 commissioned by the Texas Commission on Private Security under
8-20 Section 1702.061(f), Occupations Code 10(f), Private Investigators
8-21 and Private Security Agencies Act (Article 4413(29bb), Vernon's
8-22 Texas Civil Statutes).
8-23 SECTION 3.002. Article 45.051, Code of Criminal Procedure
8-24 (formerly Article 45.54, Code of Criminal Procedure, redesignated
8-25 as Article 45.051 by Chapter 1545, Acts of the 76th Legislature,
8-26 Regular Session, 1999), as amended by Chapters 532, 1387, and 1545,
8-27 Acts of the 76th Legislature, Regular Session, 1999, is reenacted
9-1 to read as follows:
9-2 Art. 45.051. SUSPENSION OF SENTENCE AND DEFERRAL OF FINAL
9-3 DISPOSITION. (a) On a plea of guilty or nolo contendere by a
9-4 defendant or on a finding of guilt in a misdemeanor case punishable
9-5 by fine only and payment of all court costs, the justice may defer
9-6 further proceedings without entering an adjudication of guilt and
9-7 place the defendant on probation for a period not to exceed 180
9-8 days.
9-9 (b) During the deferral period, the justice may require the
9-10 defendant to:
9-11 (1) post a bond in the amount of the fine assessed to
9-12 secure payment of the fine;
9-13 (2) pay restitution to the victim of the offense in an
9-14 amount not to exceed the fine assessed;
9-15 (3) submit to professional counseling;
9-16 (4) submit to diagnostic testing for alcohol or a
9-17 controlled substance or drug;
9-18 (5) submit to a psychosocial assessment;
9-19 (6) participate in an alcohol or drug abuse treatment
9-20 or education program;
9-21 (7) pay the costs of any diagnostic testing,
9-22 psychosocial assessment, or participation in a treatment or
9-23 education program either directly or through the court as court
9-24 costs; and
9-25 (8) comply with any other reasonable condition.
9-26 (c) At the conclusion of the deferral period, if the
9-27 defendant presents satisfactory evidence that he has complied with
10-1 the requirements imposed, the justice shall dismiss the complaint,
10-2 and it shall be clearly noted in the docket that the complaint is
10-3 dismissed and that there is not a final conviction. Otherwise, the
10-4 justice may proceed with an adjudication of guilt. After an
10-5 adjudication of guilt, the justice may reduce the fine assessed or
10-6 may then impose the fine assessed, less any portion of the assessed
10-7 fine that has been paid. If the complaint is dismissed, a special
10-8 expense not to exceed the amount of the fine assessed may be
10-9 imposed.
10-10 (d) If at the conclusion of the deferral period the
10-11 defendant does not present satisfactory evidence that the defendant
10-12 complied with the requirements imposed, the justice may impose the
10-13 fine assessed or impose a lesser fine. The imposition of the fine
10-14 or lesser fine constitutes a final conviction of the defendant.
10-15 (e) Records relating to a complaint dismissed as provided by
10-16 this article may be expunged under Article 55.01 of this code. If
10-17 a complaint is dismissed under this article, there is not a final
10-18 conviction and the complaint may not be used against the person for
10-19 any purpose.
10-20 SECTION 3.0021. (a) Article 45.0511, Code of Criminal
10-21 Procedure, as added by Chapter 1545, Acts of the 76th Legislature,
10-22 Regular Session, 1999, is reenacted and amended to read as follows:
10-23 Art. 45.0511. DEFERRED DISPOSITION PROCEDURES APPLICABLE TO
10-24 TRAFFIC OFFENSES. (a) This article applies to an alleged offense
10-25 involving the operation of a motor vehicle other than a commercial
10-26 motor vehicle, as defined by Section 522.003, Transportation Code,
10-27 and supplements Article 45.051.
11-1 (b) During the deferral period under Article 45.051, the
11-2 justice:
11-3 (1) shall require the defendant to successfully
11-4 complete a driving safety course approved by the Texas Education
11-5 Agency if the defendant elects deferred disposition and the
11-6 defendant has not completed an approved driving safety course or
11-7 motorcycle operator training course, as appropriate, within the
11-8 preceding 12 months; and
11-9 (2) may require the defendant to successfully complete
11-10 a driving safety course approved by the Texas Education Agency if
11-11 the defendant has completed an approved driving safety course
11-12 within the preceding 12 months.
11-13 (c) Subsection (b)(1) applies only if:
11-14 (1) the person enters a plea in person or in writing
11-15 of no contest or guilty and, before the answer date on the notice
11-16 to appear:
11-17 (A) presents in person to the court an oral or
11-18 written request to take a course; or
11-19 (B) sends to the court by certified mail, return
11-20 receipt requested, postmarked on or before the answer date on the
11-21 notice to appear, a written request to take a course;
11-22 (2) the court enters judgment on the person's plea of
11-23 no contest or guilty at the time the plea is made but defers
11-24 imposition of the judgment for 180 days;
11-25 (3) the person has a Texas driver's license or permit;
11-26 (4) the person is charged with an offense to which
11-27 this article applies, other than speeding 25 miles per hour or more
12-1 over the posted speed limit;
12-2 (5) the person provides evidence of financial
12-3 responsibility as required by Chapter 601, Transportation Code;
12-4 (6) the defendant's driving record as maintained by
12-5 the Texas Department of Public Safety shows the defendant has not
12-6 completed an approved driving safety course or motorcycle operator
12-7 training course, as appropriate, within the 12 months preceding the
12-8 date of the offense; and
12-9 (7) the defendant files an affidavit with the court
12-10 stating that the person is not taking a course under this section
12-11 and has not completed a course that is not shown on the person's
12-12 driving record within the 12 months preceding the date of the
12-13 offense.
12-14 (d) Notwithstanding Subsection (c)(1), on a written motion
12-15 submitted to the court before the final disposition of the case,
12-16 the court may grant a request to take a driving safety course or a
12-17 motorcycle operator training course under this article.
12-18 (e) A request to take a driving safety course made at or
12-19 before the time and at the place at which a person is required to
12-20 appear in court is an appearance in compliance with the person's
12-21 promise to appear.
12-22 (f) The court may require a person requesting a driving
12-23 safety course to pay a fee set by the court at an amount of not
12-24 more than $10, including any other fee authorized by statute or
12-25 municipal ordinance, to cover the cost of administering this
12-26 article.
12-27 (g) A person who requests but does not take a course is not
13-1 entitled to a refund of the fee.
13-2 (h) Fees collected by a municipal court shall be deposited
13-3 in the municipal treasury. Fees collected by another court shall
13-4 be deposited in the county treasury of the county in which the
13-5 court is located.
13-6 (i) If a person requesting a driving safety course fails to
13-7 furnish evidence of the successful completion of the course to the
13-8 court, the court shall:
13-9 (1) notify the person in writing, mailed to the
13-10 address appearing on the notice to appear, of that failure; and
13-11 (2) require the person to appear at the time and place
13-12 stated in the notice to show cause why the evidence was not timely
13-13 submitted to the court.
13-14 (j) A person who fails to appear at the time and place
13-15 stated in the notice commits a misdemeanor punishable as provided
13-16 by Section 543.009, Transportation Code.
13-17 (k) On a person's showing of good cause for failure to
13-18 furnish evidence to the court, the court may allow an extension of
13-19 time during which the person may present a uniform certificate of
13-20 course completion as evidence that the person successfully
13-21 completed the driving safety course.
13-22 (l) When a person complies with Subsection (b) and a uniform
13-23 certificate of course completion is accepted by the court, the
13-24 court shall:
13-25 (1) remove the judgment and dismiss the charge;
13-26 (2) report the fact that the person successfully
13-27 completed a driving safety course and the date of completion to the
14-1 Texas Department of Public Safety for inclusion in the person's
14-2 driving record; and
14-3 (3) state in this report whether the course was taken
14-4 under the procedure provided by this article to provide information
14-5 necessary to determine eligibility to take a subsequent course
14-6 under Subsection (b).
14-7 (m) The court may dismiss only one charge for each
14-8 completion of a course.
14-9 (n) A charge that is dismissed under this article may not be
14-10 part of a person's driving record or used for any purpose.
14-11 (o) An insurer delivering or issuing for delivery a motor
14-12 vehicle insurance policy in this state may not cancel or increase
14-13 the premium charged an insured under the policy because the insured
14-14 completed a driving safety course or had a charge dismissed under
14-15 this article.
14-16 (p) The court shall advise a person charged with a
14-17 misdemeanor under Subtitle C, Title 7, Transportation Code,
14-18 committed while operating a motor vehicle of the person's right
14-19 under this article to successfully complete a driving safety course
14-20 or, if the offense was committed while operating a motorcycle, a
14-21 motorcycle operator training course. The right to complete a
14-22 course does not apply to a person charged with a violation of
14-23 Section 545.066, 545.401, 545.421, 550.022, or 550.023,
14-24 Transportation Code, or serious traffic violation as defined by
14-25 Section 522.003, Transportation Code.
14-26 (q) Nothing in this article shall prevent a court from
14-27 assessing a special expense for deferred disposition in the same
15-1 manner as provided by Article 45.051. For a deferred disposition
15-2 under Subsection (b)(1), the court may only collect a fee of not
15-3 more than $10 in addition to any applicable court cost.
15-4 (b) Article 45.541, Code of Criminal Procedure, as added by
15-5 Chapter 1387, Acts of the 76th Legislature, Regular Session, 1999,
15-6 is repealed.
15-7 SECTION 3.003. Article 62.03(f), Code of Criminal Procedure,
15-8 as amended by Chapters 1415 and 1557, Acts of the 76th Legislature,
15-9 Regular Session, 1999, is amended to properly number subdivisions
15-10 to read as follows:
15-11 (f) The local law enforcement authority shall include in the
15-12 notice by publication in a newspaper the following information
15-13 only:
15-14 (1) the person's full name, age, and gender;
15-15 (2) a brief description of the offense for which the
15-16 person is subject to registration;
15-17 (3) the municipality, numeric street address or
15-18 physical address, if a numeric street address is not available, and
15-19 zip code number where the person intends to reside; and
15-20 (4) either a recent photograph of the person or the
15-21 Internet address of a website on which the person's photograph is
15-22 accessible free of charge; and .
15-23 (5) (4) the person's numeric risk level assigned
15-24 under this chapter and the guidelines used to determine a person's
15-25 risk level generally.
15-26 SECTION 3.004. Article 62.04(g), Code of Criminal Procedure,
15-27 as amended by Chapters 1415 and 1557, Acts of the 76th Legislature,
16-1 Regular Session, 1999, is amended to properly number subdivisions
16-2 to read as follows:
16-3 (g) The local law enforcement authority shall include in the
16-4 notice by publication in a newspaper the following information
16-5 only:
16-6 (1) the person's full name, age, and gender;
16-7 (2) a brief description of the offense for which the
16-8 person is subject to registration;
16-9 (3) the municipality, numeric street address or
16-10 physical address, if a numeric street address is not available, and
16-11 zip code number where the person intends to reside; and
16-12 (4) either a recent photograph of the person or the
16-13 Internet address of a website on which the person's photograph is
16-14 accessible free of charge; and .
16-15 (5) (4) the person's numeric risk level assigned
16-16 under this chapter and the guidelines used to determine a person's
16-17 risk level generally.
16-18 SECTION 3.005. Article 63.009(g), Code of Criminal Procedure,
16-19 is amended to conform to Chapter 685, Acts of the 76th Legislature,
16-20 Regular Session, 1999, to read as follows:
16-21 (g) On determining the location of a child under Subsection
16-22 (a)(1) or (2), other than a child who is subject to the continuing
16-23 jurisdiction of a district court, an officer shall may take
16-24 possession of the child and shall deliver or arrange for the
16-25 delivery of the child to a person entitled to possession of the
16-26 child. If the person entitled to possession of the child is not
16-27 immediately available, the law enforcement officer shall deliver
17-1 the child to the Department of Protective and Regulatory Services.
17-2 SECTION 3.006. (a) Chapter 103, Code of Criminal Procedure,
17-3 is amended to codify Article 6701d-28, Revised Statutes, by adding
17-4 Article 103.013 to read as follows:
17-5 Art. 103.013. COLLECTION FEES FOR DELINQUENT TRAFFIC FINES.
17-6 (a) In this article:
17-7 (1) "Delinquent fine" means a fine that:
17-8 (A) was imposed by judgment of a court; and
17-9 (B) has not been paid before the 31st day after
17-10 the date on which the court:
17-11 (i) found that the fine was due and owed
17-12 to a municipality or county; and
17-13 (ii) ordered the payment.
17-14 (2) "Motor vehicle misdemeanor" means a misdemeanor
17-15 violation of a statute or municipal ordinance that regulates:
17-16 (A) the parking or stopping of a motor vehicle;
17-17 (B) a driver's conduct or condition while
17-18 operating a motor vehicle; or
17-19 (C) the condition of a motor vehicle while it is
17-20 being operated.
17-21 (b) A court may collect or authorize a fee related to the
17-22 collection of a delinquent fine for a motor vehicle misdemeanor
17-23 from a person who owes the fine, in an amount equal to the lesser
17-24 of:
17-25 (1) 20 percent of the amount of the fine; or
17-26 (2) $50.
17-27 (c) This article does not apply to a delinquent fine for
18-1 parking or stopping a motor vehicle in a municipality that:
18-2 (1) has disannexed territory previously annexed for
18-3 limited purposes; and
18-4 (2) employs the practice of immobilization of motor
18-5 vehicles with a mechanical device, unless each parking meter in the
18-6 municipality accepts any coin minted by the United States that has
18-7 a value between 5 cents and 25 cents.
18-8 (d) This article does not prohibit a court, municipality, or
18-9 county from using any other lawful means to enforce a judgment.
18-10 (b) Article 6701d-28, Revised Statutes, is repealed.
36-9 ARTICLE 5. CHANGES RELATING TO FAMILY CODE
36-10 SECTION 5.001. Section 54.04, Family Code, as amended by
36-11 Chapters 1193, 1415, 1448, and 1477, Acts of the 76th Legislature,
36-12 Regular Session, 1999, is reenacted and amended to read as follows:
36-13 Sec. 54.04. DISPOSITION HEARING. (a) The disposition
36-14 hearing shall be separate, distinct, and subsequent to the
36-15 adjudication hearing. There is no right to a jury at the
36-16 disposition hearing unless the child is in jeopardy of a
36-17 determinate sentence under Subsection (d)(3) or (m) of this
36-18 section, in which case, the child is entitled to a jury of 12
36-19 persons to determine the sentence.
36-20 (b) At the disposition hearing, the juvenile court may
36-21 consider written reports from probation officers, professional
36-22 court employees, or professional consultants in addition to the
36-23 testimony of witnesses. Prior to the disposition hearing, the
36-24 court shall provide the attorney for the child with access to all
36-25 written matter to be considered in disposition. The court may
36-26 order counsel not to reveal items to the child or his parent,
36-27 guardian, or guardian ad litem if such disclosure would materially
37-1 harm the treatment and rehabilitation of the child or would
37-2 substantially decrease the likelihood of receiving information from
37-3 the same or similar sources in the future.
37-4 (c) No disposition may be made under this section unless the
37-5 child is in need of rehabilitation or the protection of the public
37-6 or the child requires that disposition be made. If the court or
37-7 jury does not so find, the court shall dismiss the child and enter
37-8 a final judgment without any disposition. No disposition placing
37-9 the child on probation outside the child's home may be made under
37-10 this section unless the court or jury finds that the child, in the
37-11 child's home, cannot be provided the quality of care and level of
37-12 support and supervision that the child needs to meet the conditions
37-13 of the probation.
37-14 (d) If the court or jury makes the finding specified in
37-15 Subsection (c) allowing the court to make a disposition in the
37-16 case:
37-17 (1) the court or jury may, in addition to any order
37-18 required or authorized under Section 54.041 or 54.042, place the
37-19 child on probation on such reasonable and lawful terms as the court
37-20 may determine:
37-21 (A) in his own home or in the custody of a
37-22 relative or other fit person; or
37-23 (B) subject to the finding under Subsection (c)
37-24 on the placement of the child outside the child's home, in:
37-25 (i) a suitable foster home; or
37-26 (ii) a suitable public or private
37-27 institution or agency, except the Texas Youth Commission;
38-1 (2) if the court or jury found at the conclusion of
38-2 the adjudication hearing that the child engaged in delinquent
38-3 conduct that violates a penal law of this state or the United
38-4 States of the grade of felony or, if the requirements of Subsection
38-5 (s) (q) are met, of the grade of misdemeanor, and if the petition
38-6 was not approved by the grand jury under Section 53.045, the court
38-7 may commit the child to the Texas Youth Commission without a
38-8 determinate sentence;
38-9 (3) if the court or jury found at the conclusion of
38-10 the adjudication hearing that the child engaged in delinquent
38-11 conduct that included a violation of a penal law listed in Section
38-12 53.045(a) and if the petition was approved by the grand jury under
38-13 Section 53.045, the court or jury may sentence the child to
38-14 commitment in the Texas Youth Commission with a possible transfer
38-15 to the institutional division or the pardons and paroles division
38-16 of the Texas Department of Criminal Justice for a term of:
38-17 (A) not more than 40 years if the conduct
38-18 constitutes:
38-19 (i) a capital felony;
38-20 (ii) a felony of the first degree; or
38-21 (iii) an aggravated controlled substance
38-22 felony;
38-23 (B) not more than 20 years if the conduct
38-24 constitutes a felony of the second degree; or
38-25 (C) not more than 10 years if the conduct
38-26 constitutes a felony of the third degree;
38-27 (4) the court may assign the child an appropriate
39-1 sanction level and sanctions as provided by the assignment
39-2 guidelines in Section 59.003; or
39-3 (5) if applicable, the court or jury may make a
39-4 disposition under Subsection (m).
39-5 (e) The Texas Youth Commission shall accept a person
39-6 properly committed to it by a juvenile court even though the person
39-7 may be 17 years of age or older at the time of commitment.
39-8 (f) The court shall state specifically in the order its
39-9 reasons for the disposition and shall furnish a copy of the order
39-10 to the child. If the child is placed on probation, the terms of
39-11 probation shall be written in the order.
39-12 (g) If the court orders a disposition under Subsection
39-13 (d)(3) or (m) of this section and there is an affirmative finding
39-14 that the defendant used or exhibited a deadly weapon during the
39-15 commission of the conduct or during immediate flight from
39-16 commission of the conduct, the court shall enter the finding in the
39-17 order. If there is an affirmative finding that the deadly weapon
39-18 was a firearm, the court shall enter that finding in the order.
39-19 (h) At the conclusion of the dispositional hearing, the
39-20 court shall inform the child of:
39-21 (1) the child's right to appeal, as required by
39-22 Section 56.01 of this code; and
39-23 (2) the procedures for the sealing of the child's
39-24 records under Section 58.003 of this code.
39-25 (i) If the court places the child on probation outside the
39-26 child's home or commits the child to the Texas Youth Commission,
39-27 the court shall include in its order its determination that:
40-1 (1) it is in the child's best interests to be placed
40-2 outside the child's home;
40-3 (2) reasonable efforts were made to prevent or
40-4 eliminate the need for the child's removal from the home and to
40-5 make it possible for the child to return to the child's home; and
40-6 (3) the child, in the child's home, cannot be provided
40-7 the quality of care and level of support and supervision that the
40-8 child needs to meet the conditions of probation.
40-9 (j) If the court or jury found that the child engaged in
40-10 delinquent conduct that included a violation of a penal law of the
40-11 grade of felony, the court:
40-12 (1) shall require that the child's thumbprint be
40-13 affixed to the order; and
40-14 (2) may require that a photograph of the child be
40-15 attached to the order.
40-16 (k) Except as provided by Subsection (m), the period to
40-17 which a court or jury may sentence a person to commitment to the
40-18 Texas Youth Commission with a transfer to the Texas Department of
40-19 Criminal Justice under Subsection (d)(3) of this section applies
40-20 without regard to whether the person has previously been
40-21 adjudicated as having engaged in delinquent conduct.
40-22 (l) Except as provided by Subsection (q), a court or jury
40-23 may place a child on probation under Subsection (d)(1) for any
40-24 period, except that probation may not continue on or after the
40-25 child's 18th birthday. Except as provided by Subsection (q), the
40-26 court may, before the period of probation ends, extend the
40-27 probation for any period, except that the probation may not extend
41-1 to or after the child's 18th birthday.
41-2 (m) The court or jury may sentence a child adjudicated for
41-3 habitual felony conduct as described by Section 51.031 to a term
41-4 prescribed by Subsection (d)(3) and applicable to the conduct
41-5 adjudicated in the pending case if:
41-6 (1) a petition was filed and approved by a grand jury
41-7 under Section 53.045 alleging that the child engaged in habitual
41-8 felony conduct; and
41-9 (2) the court or jury finds beyond a reasonable doubt
41-10 that the allegation described by Subdivision (1) in the grand jury
41-11 petition is true.
41-12 (n) A court may order a disposition of secure confinement of
41-13 a status offender adjudicated for violating a valid court order
41-14 only if:
41-15 (1) before the order is issued, the child received the
41-16 full due process rights guaranteed by the Constitution of the
41-17 United States or the Texas Constitution; and
41-18 (2) the juvenile probation department in a report
41-19 authorized by Subsection (b):
41-20 (A) reviewed the behavior of the child and the
41-21 circumstances under which the child was brought before the court;
41-22 (B) determined the reasons for the behavior that
41-23 caused the child to be brought before the court; and
41-24 (C) determined that all dispositions, including
41-25 treatment, other than placement in a secure detention facility or
41-26 secure correctional facility, have been exhausted or are clearly
41-27 inappropriate.
42-1 (o) A status offender may not, under any circumstances, be
42-2 committed to the Texas Youth Commission for engaging in conduct
42-3 that would not, under state or local law, be a crime if committed
42-4 by an adult.
42-5 (p) Except as provided by Subsection (l), a court that
42-6 places a child on probation under Subsection (d)(1) for conduct
42-7 described by Section 54.0405(b) and punishable as a felony shall
42-8 specify a minimum probation period of two years.
42-9 (q) If a court or jury sentences a child to commitment in
42-10 the Texas Youth Commission under Subsection (d)(3) for a term of
42-11 not more than 10 years, the court or jury may place the child on
42-12 probation under Subsection (d)(1) as an alternative to making the
42-13 disposition under Subsection (d)(3). The court shall prescribe the
42-14 period of probation ordered under this subsection for a term of not
42-15 more than 10 years. The court may, before the sentence of
42-16 probation expires, extend the probationary period under Section
42-17 54.05, except that the sentence of probation and any extension may
42-18 not exceed 10 years. The court may, before the child's 18th
42-19 birthday, discharge the child from the sentence of probation. If a
42-20 sentence of probation ordered under this subsection and any
42-21 extension of probation ordered under Section 54.05 will continue
42-22 after the child's 18th birthday, the court shall discharge the
42-23 child from the sentence of probation on the child's 18th birthday
42-24 unless the court transfers the child to an appropriate district
42-25 court under Section 54.051.
42-26 (r) (q) If the judge orders a disposition under this
42-27 section and there is an affirmative finding that the victim or
43-1 intended victim was younger than 17 years of age at the time of the
43-2 conduct, the judge shall enter the finding in the order.
43-3 (s) (q) The court may make a disposition under Subsection
43-4 (d)(2) for delinquent conduct that violates a penal law of the
43-5 grade of misdemeanor if:
43-6 (1) the child has been adjudicated as having engaged
43-7 in delinquent conduct violating a penal law of the grade of felony
43-8 or misdemeanor on at least two previous occasions;
43-9 (2) of the previous adjudications, the conduct that
43-10 was the basis for one of the adjudications occurred after the date
43-11 of another previous adjudication; and
43-12 (3) the conduct that is the basis of the current
43-13 adjudication occurred after the date of at least two previous
43-14 adjudications.
43-15 SECTION 5.002. (a) Section 54.05(j), Family Code, as added
43-16 by Chapter 1448, Acts of the 76th Legislature, Regular Session,
43-17 1999, is redesignated as Section 54.05(k), Family Code.
43-18 (b) Section 54.05(f), Family Code, as amended by Chapters
43-19 1448 and 1477, Acts of the 76th Legislature, Regular Session, 1999,
43-20 is reenacted and amended to read as follows:
43-21 (f) Except as provided by Subsection (j), a disposition
43-22 based on a finding that the child engaged in delinquent conduct
43-23 that violates a penal law of this state or the United States of the
43-24 grade of felony or, if the requirements of Subsection (k) (j) are
43-25 met, of the grade of misdemeanor, may be modified so as to commit
43-26 the child to the Texas Youth Commission if the court after a
43-27 hearing to modify disposition finds by a preponderance of the
44-1 evidence that the child violated a reasonable and lawful order of
44-2 the court. A disposition based on a finding that the child engaged
44-3 in habitual felony conduct as described by Section 51.031 or in
44-4 delinquent conduct that included a violation of a penal law listed
44-5 in Section 53.045(a) may be modified to commit the child to the
44-6 Texas Youth Commission with a possible transfer to the
44-7 institutional division or the pardons and paroles division of the
44-8 Texas Department of Criminal Justice for a definite term prescribed
44-9 by Section 54.04(d)(3) if the original petition was approved by the
44-10 grand jury under Section 53.045 and if after a hearing to modify
44-11 the disposition the court finds that the child violated a
44-12 reasonable and lawful order of the court.
44-13 (c) Section 54.05(g), Family Code, as amended by Chapters
44-14 1448 and 1477, Acts of the 76th Legislature, Regular Session, 1999,
44-15 is reenacted to read as follows:
44-16 (g) Except as provided by Subsection (j), a disposition
44-17 based solely on a finding that the child engaged in conduct
44-18 indicating a need for supervision may not be modified to commit the
44-19 child to the Texas Youth Commission. A new finding in compliance
44-20 with Section 54.03 must be made that the child engaged in
44-21 delinquent conduct that meets the requirements for commitment under
44-22 Section 54.04.
44-23 SECTION 5.0025. Section 109.003(a), Family Code, is amended
44-24 to correct a reference to read as follows:
44-25 (a) If the party requesting a statement of facts in an
44-26 appeal of a suit has filed an affidavit stating the party's
44-27 inability to pay costs as provided by Rule 20 40, Texas Rules of
45-1 Appellate Procedure, and the affidavit is approved by the trial
45-2 court, the trial court may order the county in which the trial was
45-3 held to pay the costs of preparing the statement of facts.
45-4 SECTION 5.0026. Section 159.611(e), Family Code, is repealed
45-5 because it duplicates Section 159.614, Family Code.
45-6 SECTION 5.003. Section 261.101(b), Family Code, as amended by
45-7 Section 6.29, Chapter 62, Acts of the 76th Legislature, Regular
45-8 Session, 1999, is reenacted to conform with the intent of Section
45-9 1, Chapter 162, and Section 65, Chapter 1022, Acts of the 75th
45-10 Legislature, Regular Session, 1997, to read as follows:
45-11 (b) If a professional has cause to believe that a child has
45-12 been abused or neglected or may be abused or neglected, or that a
45-13 child is a victim of an offense under Section 21.11, Penal Code,
45-14 and the professional has cause to believe that the child has been
45-15 abused as defined by Section 261.001, the professional shall make a
45-16 report not later than the 48th hour after the hour the professional
45-17 first suspects that the child has been or may be abused or
45-18 neglected or is a victim of an offense under Section 21.11, Penal
45-19 Code. A professional may not delegate to or rely on another person
45-20 to make the report. In this subsection, "professional" means an
45-21 individual who is licensed or certified by the state or who is an
45-22 employee of a facility licensed, certified, or operated by the
45-23 state and who, in the normal course of official duties or duties
45-24 for which a license or certification is required, has direct
45-25 contact with children. The term includes teachers, nurses,
45-26 doctors, day-care employees, employees of a clinic or health care
45-27 facility that provides reproductive services, juvenile probation
46-1 officers, and juvenile detention or correctional officers.
333-19 ARTICLE 14. CHANGES RELATING TO OCCUPATIONS CODE
744-12 SECTION 14.707. Sections 49.01(5) and (6), Penal Code, are
744-13 amended to correct references to read as follows:
744-14 (5) "Amusement ride" has the meaning assigned by
744-15 Section 2151.002, Occupations Code Section 2, Article 21.60,
744-16 Insurance Code.
744-17 (6) "Mobile amusement ride" has the meaning assigned
744-18 by Section 2151.002, Occupations Code Section 2, Article 21.60,
744-19 Insurance Code.
756-22 SECTION 14.733. Article 23.05(b), Code of Criminal Procedure,
756-23 is amended to read as follows:
756-24 (b) A capias issued under this article may be executed by a
756-25 peace officer or by a private investigator licensed under Chapter
756-26 1702, Occupations Code the Private Investigators and Private
756-27 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
757-1 Statutes).
757-2 SECTION 14.734. Article 26.05(f), Code of Criminal Procedure,
757-3 is amended to read as follows:
757-4 (f) Reimbursement of expenses incurred for purposes of
757-5 investigation or expert testimony may be paid directly to a private
757-6 investigator licensed under Chapter 1702, Occupations Code, the
757-7 Private Investigators and Private Security Agencies Act (Article
757-8 4413(29bb), Vernon's Texas Civil Statutes) or to an expert witness
757-9 in the manner designated by appointed counsel and approved by the
757-10 court.
757-11 SECTION 14.735. Article 26.052(l), Code of Criminal
757-12 Procedure, is amended to read as follows:
757-13 (l) An attorney appointed under this article to represent a
757-14 defendant at trial or on direct appeal is compensated as provided
757-15 by Article 26.05 from county funds. Advance payment of expenses
757-16 anticipated or reimbursement of expenses incurred for purposes of
757-17 investigation or expert testimony may be paid directly to a private
757-18 investigator licensed under Chapter 1702, Occupations Code, the
757-19 Private Investigators and Private Security Agencies Act (Article
757-20 4413(29bb), Vernon's Texas Civil Statutes) or to an expert witness
757-21 in the manner designated by appointed counsel and approved by the
757-22 court.
757-23 SECTION 14.736. Section 1(a), Article 46.04, Code of Criminal
757-24 Procedure, as added by Chapter 1512, Acts of the 76th Legislature,
757-25 Regular Session, 1999, is amended to read as follows:
757-26 (a) A patient transported from a jail or detention facility
757-27 to a mental health facility or a residential care facility shall be
758-1 transported by a special officer for mental health assignment
758-2 certified under Section 1701.404, Occupations 415.037, Government
758-3 Code, or by a sheriff or constable.
758-4 SECTION 14.737. Article 49.01(5), Code of Criminal Procedure,
758-5 is amended to read as follows:
758-6 (5) "Physician" means a practicing doctor of medicine
758-7 or doctor of osteopathic medicine who is licensed by the Texas
758-8 State Board of Medical Examiners under Subtitle B, Title 3,
758-9 Occupations Code the Medical Practice Act (Article 4495b, Vernon's
758-10 Texas Civil Statutes).
760-7 SECTION 14.741. Section 33.002(f), Family Code, is amended to
760-8 read as follows:
760-9 (f) A certification required by Subsection (a)(4) is
760-10 confidential and privileged and is not subject to disclosure under
760-11 Chapter 552, Government Code, or to discovery, subpoena, or other
760-12 legal process. Personal or identifying information about the
760-13 minor, including her name, address, or social security number, may
760-14 not be included in a certification under Subsection (a)(4). The
760-15 physician must keep the medical records on the minor in compliance
760-16 with the rules adopted by the Texas State Board of Medical
760-17 Examiners under Section 153.003, Occupations Code 5.085, Medical
760-18 Practice Act (Article 4495b, Vernon's Texas Civil Statutes).
760-19 SECTION 14.742. Section 33.003(f), Family Code, is amended to
760-20 read as follows:
760-21 (f) The court may appoint to serve as guardian ad litem:
760-22 (1) a person who may consent to treatment for the
760-23 minor under Sections 32.001(a)(1)-(3);
760-24 (2) a psychiatrist or an individual licensed or
760-25 certified as a psychologist under Chapter 501, Occupations Code
760-26 the Psychologists' Licensing Act (Article 4512c, Vernon's Texas
760-27 Civil Statutes);
761-1 (3) an appropriate employee of the Department of
761-2 Protective and Regulatory Services;
761-3 (4) a member of the clergy; or
761-4 (5) another appropriate person selected by the court.
761-5 SECTION 14.743. Section 54.0405(d), Family Code, is amended
761-6 to read as follows:
761-7 (d) A polygraph examination required as a condition of
761-8 probation under Subsection (a) must be administered by an
761-9 individual who is:
761-10 (1) specified by the local juvenile probation
761-11 department supervising the child; and
761-12 (2) licensed as a polygraph examiner under Chapter
761-13 1703, Occupations Code the Polygraph Examiners Act (Article
761-14 4413(29cc), Vernon's Texas Civil Statutes).
761-15 SECTION 14.744. Section 232.002, Family Code, as amended by
761-16 Section 4, Chapter 1254, and Section 23, Chapter 1477, Acts of the
761-17 76th Legislature, Regular Session, 1999, is reenacted and amended
761-18 to conform to Section 5, Chapter 974, Acts of the 76th Legislature,
761-19 Regular Session, 1999, to read as follows:
761-20 Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The
761-21 following are licensing authorities subject to this chapter:
761-22 (1) Department of Agriculture;
761-23 (2) Texas Commission on Alcohol and Drug Abuse;
761-24 (3) Texas Alcoholic Beverage Commission;
761-25 (4) Texas Appraiser Licensing and Certification Board;
761-26 (5) Texas Board of Architectural Examiners;
761-27 (6) State Board of Barber Examiners;
762-1 (7) Texas Board of Chiropractic Examiners;
762-2 (8) Comptroller of Public Accounts;
762-3 (9) Texas Cosmetology Commission;
762-4 (10) Court Reporters Certification Board;
762-5 (11) State Board of Dental Examiners;
762-6 (12) Texas State Board of Examiners of Dietitians;
762-7 (13) Texas Funeral Service Commission;
762-8 (14) Texas Department of Health;
762-9 (15) Texas Department of Human Services;
762-10 (16) Texas Board of Professional Land Surveying;
762-11 (17) Texas Department of Licensing and Regulation;
762-12 (18) Texas State Board of Examiners of Marriage and
762-13 Family Therapists;
762-14 (19) Texas State Board of Medical Examiners;
762-15 (20) Midwifery Board;
762-16 (21) Texas Natural Resource Conservation Commission;
762-17 (22) Board of Nurse Examiners;
762-18 (23) Texas Board of Occupational Therapy Examiners;
762-19 (24) Texas Optometry Board;
762-20 (25) Parks and Wildlife Department;
762-21 (26) Texas State Board of Examiners of Perfusionists;
762-22 (27) Texas State Board of Pharmacy;
762-23 (28) Texas Board of Physical Therapy Examiners;
762-24 (29) Texas State Board of Plumbing Examiners;
762-25 (30) Texas State Board of Podiatric Medical Examiners;
762-26 (31) Polygraph Examiners Board;
762-27 (32) Texas Commission on Board of Private
763-1 Investigators and Private Security Agencies;
763-2 (33) Texas State Board of Examiners of Professional
763-3 Counselors;
763-4 (34) Texas Board of Professional Engineers;
763-5 (35) Department of Protective and Regulatory Services;
763-6 (36) Texas State Board of Examiners of Psychologists;
763-7 (37) Texas State Board of Public Accountancy;
763-8 (38) Department of Public Safety of the State of
763-9 Texas;
763-10 (39) Public Utility Commission of Texas;
763-11 (40) Railroad Commission of Texas;
763-12 (41) Texas Real Estate Commission;
763-13 (42) State Bar of Texas;
763-14 (43) Texas State Board of Social Worker Examiners;
763-15 (44) State Board of Examiners for Speech-Language
763-16 Pathology and Audiology;
763-17 (45) Texas Structural Pest Control Board;
763-18 (46) Board of Tax Professional Examiners;
763-19 (47) Secretary of State;
763-20 (48) Supreme Court of Texas;
763-21 (49) Texas Transportation Commission;
763-22 (50) State Board of Veterinary Medical Examiners;
763-23 (51) Board of Vocational Nurse Examiners;
763-24 (52) Texas Ethics Commission;
763-25 (53) Advisory Board of Athletic Trainers;
763-26 (54) State Committee of Examiners in the Fitting and
763-27 Dispensing of Hearing Instruments;
764-1 (55) Texas Board of Licensure for Professional Medical
764-2 Physicists;
764-3 (56) Texas Department of Insurance;
764-4 (57) Texas Board of Orthotics and Prosthetics; and
764-5 (58) savings and loan commissioner; and.
764-6 (59) (58) Texas Juvenile Probation Commission.
797-20 SECTION 14.794. Section 481.073(c), Health and Safety Code,
797-21 is amended to read as follows:
797-22 (c) This section does not relieve a practitioner or the
797-23 practitioner's designated agent from the requirement of Subchapter
797-24 A, Chapter 562, Occupations Code Section 40, Texas Pharmacy Act
797-25 (Article 4542a-1, Vernon's Texas Civil Statutes). A practitioner
797-26 is personally responsible for the actions of the designated agent
797-27 in communicating a prescription to a pharmacist.
798-1 SECTION 14.795. Sections 483.001(4), (10), (11), and (13),
798-2 Health and Safety Code, are amended to read as follows:
798-3 (4) "Designated agent" means:
798-4 (A) a licensed nurse, physician assistant,
798-5 pharmacist, or other individual designated by a practitioner to
798-6 communicate prescription drug orders to a pharmacist;
798-7 (B) a licensed nurse, physician assistant, or
798-8 pharmacist employed in a health care facility to whom the
798-9 practitioner communicates a prescription drug order; or
798-10 (C) a registered nurse or physician assistant
798-11 authorized by a practitioner to carry out a prescription drug order
798-12 for dangerous drugs under Subchapter B, Chapter 157, Occupations
798-13 Code Section 3.06(d)(5) or (6), Medical Practice Act (Article
798-14 4495b, Vernon's Texas Civil Statutes).
798-15 (10) "Pharmacy" means a facility where prescription
798-16 drug or medication orders are received, processed, dispensed, or
798-17 distributed under this chapter, Chapter 481 of this code, and
798-18 Subtitle J, Title 3, Occupations Code the Texas Pharmacy Act
798-19 (Article 4542a-1, Vernon's Texas Civil Statutes). The term does
798-20 not include a narcotic drug treatment program that is regulated by
798-21 Chapter 466, Health and Safety Code.
798-22 (11) "Practice of pharmacy" means:
798-23 (A) provision of those acts or services
798-24 necessary to provide pharmaceutical care;
798-25 (B) interpretation and evaluation of
798-26 prescription drug orders or medication orders;
798-27 (C) participation in drug and device selection
799-1 as authorized by law, drug administration, drug regimen review, or
799-2 drug or drug-related research;
799-3 (D) provision of patient counseling;
799-4 (E) responsibility for:
799-5 (i) dispensing of prescription drug orders
799-6 or distribution of medication orders in the patient's best
799-7 interest;
799-8 (ii) compounding and labeling of drugs and
799-9 devices, except labeling by a manufacturer, repackager, or
799-10 distributor of nonprescription drugs and commercially packaged
799-11 prescription drugs and devices;
799-12 (iii) proper and safe storage of drugs and
799-13 devices; or
799-14 (iv) maintenance of proper records for
799-15 drugs and devices. In this subdivision, "device" has the meaning
799-16 assigned by Subtitle J, Title 3, Occupations Code the Texas
799-17 Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes); or
799-18 (F) performance of a specific act of drug
799-19 therapy management for a patient delegated to a pharmacist by a
799-20 written protocol from a physician licensed by the state under
799-21 Subtitle B, Title 3, Occupations Code the Medical Practice Act
799-22 (Article 4495b, Vernon's Texas Civil Statutes).
799-23 (13) "Prescription" means an order from a
799-24 practitioner, or an agent of the practitioner designated in writing
799-25 as authorized to communicate prescriptions, or an order made in
799-26 accordance with Subchapter B, Chapter 157, Occupations Code
799-27 Section 3.06(d)(5) or (6), Medical Practice Act (Article 4495b,
800-1 Vernon's Texas Civil Statutes), or Section 203.353, Occupations
800-2 Code 16A, Texas Midwifery Act (Article 4512i, Vernon's Texas Civil
800-3 Statutes), to a pharmacist for a dangerous drug to be dispensed
800-4 that states:
800-5 (A) the date of the order's issue;
800-6 (B) the name and address of the patient;
800-7 (C) if the drug is prescribed for an animal, the
800-8 species of the animal;
800-9 (D) the name and quantity of the drug
800-10 prescribed;
800-11 (E) the directions for the use of the drug;
800-12 (F) the intended use of the drug unless the
800-13 practitioner determines the furnishing of this information is not
800-14 in the best interest of the patient;
800-15 (G) the name, address, and telephone number of
800-16 the practitioner at the practitioner's usual place of business,
800-17 legibly printed or stamped; and
800-18 (H) the name, address, and telephone number of
800-19 the documented midwife, registered nurse, or physician assistant,
800-20 legibly printed or stamped, if signed by a documented midwife,
800-21 registered nurse, or physician assistant.
800-22 SECTION 14.796. Section 483.021(b), Health and Safety Code,
800-23 is amended to read as follows:
800-24 (b) A pharmacist who is requested to dispense a dangerous
800-25 drug under a prescription issued by a therapeutic optometrist shall
800-26 determine, in the exercise of the pharmacist's professional
800-27 judgment, whether the prescription is for a dangerous drug that a
801-1 therapeutic optometrist is authorized to prescribe under Section
801-2 351.358, Occupations Code 1.03, Texas Optometry Act (Article
801-3 4552-1.01 et seq., Vernon's Texas Civil Statutes).
801-4 SECTION 14.797. Sections 483.022(d) and (f), Health and
801-5 Safety Code, are amended to read as follows:
801-6 (d) This section does not relieve a practitioner or the
801-7 practitioner's designated agent from the requirements of Subchapter
801-8 A, Chapter 562, Occupations Code Section 40, Texas Pharmacy Act
801-9 (Article 4542a-1, Vernon's Texas Civil Statutes).
801-10 (f) A practitioner may designate a person who is a licensed
801-11 vocational nurse or has an education equivalent to or greater than
801-12 that required for a licensed vocational nurse to communicate
801-13 prescriptions of an advanced practice nurse or physician assistant
801-14 authorized by the practitioner to sign prescription drug orders
801-15 under Subchapter B, Chapter 157, Occupations Code Section
801-16 3.06(d)(5) or (6), Medical Practice Act (Article 4495b, Vernon's
801-17 Texas Civil Statutes).
801-18 SECTION 14.798. Section 483.041(c), Health and Safety Code,
801-19 is amended to read as follows:
801-20 (c) Subsection (a) does not apply to the possession of a
801-21 dangerous drug in the usual course of business or practice or in
801-22 the performance of official duties by the following persons or an
801-23 agent or employee of the person:
801-24 (1) a pharmacy licensed by the board;
801-25 (2) a practitioner;
801-26 (3) a person who obtains a dangerous drug for lawful
801-27 research, teaching, or testing, but not for resale;
802-1 (4) a hospital that obtains a dangerous drug for
802-2 lawful administration by a practitioner;
802-3 (5) an officer or employee of the federal, state, or
802-4 local government;
802-5 (6) a manufacturer or wholesaler licensed by the
802-6 commissioner of health under Chapter 431 (Texas Food, Drug, and
802-7 Cosmetic Act);
802-8 (7) a carrier or warehouseman;
802-9 (8) a home and community support services agency
802-10 licensed under and acting in accordance with Chapter 142; or
802-11 (9) a documented midwife who obtains oxygen for
802-12 administration to a mother or newborn or who obtains a dangerous
802-13 drug for the administration of prophylaxis to a newborn for the
802-14 prevention of ophthalmia neonatorum in accordance with Section
802-15 203.353, Occupations Code Section 16A, Texas Midwifery Act
802-16 (Article 4512i, Vernon's Texas Civil Statutes).
802-17 SECTION 14.799. Sections 483.042(a) and (f), Health and
802-18 Safety Code, are amended to read as follows:
802-19 (a) A person commits an offense if the person delivers or
802-20 offers to deliver a dangerous drug:
802-21 (1) unless:
802-22 (A) the dangerous drug is delivered or offered
802-23 for delivery by a pharmacist under:
802-24 (i) a prescription issued by a
802-25 practitioner described by Section 483.001(12)(A) or (B);
802-26 (ii) a prescription signed by a registered
802-27 nurse or physician assistant in accordance with Subchapter B,
803-1 Chapter 157, Occupations Code Section 3.06(d)(5) or (6), Medical
803-2 Practice Act (Article 4495b, Vernon's Texas Civil Statutes); or
803-3 (iii) an original written prescription
803-4 issued by a practitioner described by Section 483.001(12)(C); and
803-5 (B) a label is attached to the immediate
803-6 container in which the drug is delivered or offered to be delivered
803-7 and the label contains the following information:
803-8 (i) the name and address of the pharmacy
803-9 from which the drug is delivered or offered for delivery;
803-10 (ii) the date the prescription for the
803-11 drug is dispensed;
803-12 (iii) the number of the prescription as
803-13 filed in the prescription files of the pharmacy from which the
803-14 prescription is dispensed;
803-15 (iv) the name of the practitioner who
803-16 prescribed the drug and, if applicable, the name of the registered
803-17 nurse or physician assistant who signed the prescription;
803-18 (v) the name of the patient and, if the
803-19 drug is prescribed for an animal, a statement of the species of the
803-20 animal; and
803-21 (vi) directions for the use of the drug as
803-22 contained in the prescription; or
803-23 (2) unless:
803-24 (A) the dangerous drug is delivered or offered
803-25 for delivery by:
803-26 (i) a practitioner in the course of
803-27 practice; or
804-1 (ii) a registered nurse or physician
804-2 assistant in the course of practice in accordance with Subchapter
804-3 B, Chapter 157, Occupations Code Section 3.06(d)(5) or (6),
804-4 Medical Practice Act (Article 4495b, Vernon's Texas Civil
804-5 Statutes); and
804-6 (B) a label is attached to the immediate
804-7 container in which the drug is delivered or offered to be delivered
804-8 and the label contains the following information:
804-9 (i) the name and address of the
804-10 practitioner who prescribed the drug, and if applicable, the name
804-11 and address of the registered nurse or physician assistant;
804-12 (ii) the date the drug is delivered;
804-13 (iii) the name of the patient and, if the
804-14 drug is prescribed for an animal, a statement of the species of the
804-15 animal; and
804-16 (iv) the name of the drug, the strength of
804-17 the drug, and directions for the use of the drug.
804-18 (f) Provided all federal requirements are met, the labeling
804-19 provisions of Subsection (a) do not apply to a dangerous drug
804-20 prescribed or dispensed for administration to food production
804-21 animals in an agricultural operation under a written medical
804-22 directive or treatment guideline from a veterinarian licensed under
804-23 Chapter 801, Occupations Code The Veterinary Licensing Act
804-24 (Article 8890, Revised Statutes) and its subsequent amendments.
817-14 SECTION 14.828. Section 16.06(d), Penal Code, is amended to
817-15 read as follows:
817-16 (d) It is an affirmative defense to prosecution under this
817-17 section that the person:
817-18 (1) obtained the effective consent of the owner or
817-19 lessee of the motor vehicle before the electronic or mechanical
817-20 tracking device was installed;
817-21 (2) was a peace officer who installed the device in
817-22 the course of a criminal investigation or pursuant to an order of a
817-23 court to gather information for a law enforcement agency;
817-24 (3) assisted another whom the person reasonably
817-25 believed to be a peace officer authorized to install the device in
817-26 the course of a criminal investigation or pursuant to an order of a
817-27 court to gather information for a law enforcement agency; or
818-1 (4) was a private investigator licensed under Chapter
818-2 1702, Occupations Code, the Private Investigators and Private
818-3 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
818-4 Statutes) who installed the device:
818-5 (A) with written consent:
818-6 (i) to install the device given by the
818-7 owner or lessee of the motor vehicle; and
818-8 (ii) to enter private residential
818-9 property, if that entry was necessary to install the device, given
818-10 by the owner or lessee of the property; or
818-11 (B) pursuant to an order of or other
818-12 authorization from a court to gather information.
818-13 SECTION 14.829. Sections 22.011(c)(3) and (4), Penal Code,
818-14 are amended to read as follows:
818-15 (3) "Health care services provider" means:
818-16 (A) a physician licensed under Subtitle B, Title
818-17 3, Occupations Code the Medical Practice Act (Article 4495b,
818-18 Vernon's Texas Civil Statutes);
818-19 (B) a chiropractor licensed under Chapter 201,
818-20 Occupations Code 94, Acts of the 51st Legislature, Regular
818-21 Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes);
818-22 (C) a licensed vocational nurse licensed under
818-23 Chapter 302, Occupations Code 118, Acts of the 52nd Legislature,
818-24 1951 (Article 4528c, Vernon's Texas Civil Statutes);
818-25 (D) a physical therapist licensed under Chapter
818-26 453, Occupations Code 836, Acts of the 62nd Legislature, Regular
818-27 Session, 1971 (Article 4512e, Vernon's Texas Civil Statutes);
819-1 (E) a physician assistant licensed under Chapter
819-2 204, Occupations Code the Physician Assistant Licensing Act
819-3 (Article 4495b-1, Vernon's Texas Civil Statutes); or
819-4 (F) a registered nurse or an advanced practice
819-5 nurse licensed under Chapter 301, Occupations Code 7, Title 71,
819-6 Revised Statutes.
819-7 (4) "Mental health services provider" means an
819-8 individual, licensed or unlicensed, who performs or purports to
819-9 perform mental health services, including a:
819-10 (A) licensed social worker as defined by Section
819-11 505.002, Occupations 50.001, Human Resources Code;
819-12 (B) chemical dependency counselor as defined by
819-13 Section 504.001, Occupations Code 1, Chapter 635, Acts of the 72nd
819-14 Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas
819-15 Civil Statutes);
819-16 (C) licensed professional counselor as defined
819-17 by Section 503.002, Occupations Code 2, Licensed Professional
819-18 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes);
819-19 (D) licensed marriage and family therapist as
819-20 defined by Section 502.002, Occupations Code 2, Licensed Marriage
819-21 and Family Therapist Act (Article 4512c-1, Vernon's Texas Civil
819-22 Statutes);
819-23 (E) member of the clergy;
819-24 (F) psychologist offering psychological services
819-25 as defined by Section 501.003, Occupations Code 2, Psychologists'
819-26 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes); or
819-27 (G) special officer for mental health assignment
820-1 certified under Section 1701.404, Occupations 415.037, Government
820-2 Code.
820-3 SECTION 14.830. Section 35.01(2), Penal Code, is amended to
820-4 read as follows:
820-5 (2) "Health care provider" means a person who renders
820-6 health care services or an agent or employee of an organization
820-7 that renders or provides a facility and means to render health care
820-8 services. The term includes a physician, surgeon, person who may
820-9 be selected by an insured or a beneficiary under Article 21.52,
820-10 Insurance Code, and person defined as a provider of health care
820-11 under Section 152.003, Occupations Code 2.05(d)(1), Medical
820-12 Practice Act (Article 4495b, Vernon's Texas Civil Statutes).
820-13 SECTION 14.831. Section 37.12(c), Penal Code, is amended to
820-14 read as follows:
820-15 (c) In this section, "reserve law enforcement officer" has
820-16 the same meaning as is given that term in Section 1701.001,
820-17 Occupations 415.001, Government Code.
820-18 SECTION 14.832. Sections 43.251(a)(2) and (3), Penal Code,
820-19 are amended to read as follows:
820-20 (2) "Massage" has the meaning assigned to the term
820-21 "massage therapy" by Section 455.001, Occupations Code 1, Chapter
820-22 752, Acts of the 69th Legislature, Regular Session, 1985 (Article
820-23 4512k, Vernon's Texas Civil Statutes).
820-24 (3) "Massage establishment" has the meaning assigned
820-25 by Section 455.001, Occupations Code 1, Chapter 752, Acts of the
820-26 69th Legislature, Regular Session, 1985 (Article 4512k, Vernon's
820-27 Texas Civil Statutes).
821-1 SECTION 14.833. Section 46.035(e), Penal Code, is amended to
821-2 read as follows:
821-3 (e) A license holder who is licensed as a security officer
821-4 under Chapter 1702, Occupations Code, the Private Investigators
821-5 and Private Security Agencies Act (Article 4413(29bb), Vernon's
821-6 Texas Civil Statutes) and employed as a security officer commits
821-7 an offense if, while in the course and scope of the security
821-8 officer's employment, the security officer violates a provision of
821-9 Subchapter H, Chapter 411, Government Code.
821-10 SECTION 14.834. Section 47.02(c), Penal Code, is amended to
821-11 read as follows:
821-12 (c) It is a defense to prosecution under this section that
821-13 the actor reasonably believed that the conduct:
821-14 (1) was permitted under Chapter 2001, Occupations Code
821-15 the Bingo Enabling Act (Article 179d, Vernon's Texas Civil
821-16 Statutes);
821-17 (2) was permitted under Chapter 2002, Occupations Code
821-18 the Charitable Raffle Enabling Act (Article 179f, Revised
821-19 Statutes);
821-20 (3) consisted entirely of participation in the state
821-21 lottery authorized by the State Lottery Act (Chapter 466,
821-22 Government Code);
821-23 (4) was permitted under the Texas Racing Act (Article
821-24 179e, Vernon's Texas Civil Statutes); or
821-25 (5) consisted entirely of participation in a drawing
821-26 for the opportunity to participate in a hunting, fishing, or other
821-27 recreational event conducted by the Parks and Wildlife Department.
822-1 SECTION 14.835. Section 47.09(a), Penal Code, is amended to
822-2 read as follows:
822-3 (a) It is a defense to prosecution under this chapter that
822-4 the conduct:
822-5 (1) was authorized under:
822-6 (A) Chapter 2001, Occupations Code the Bingo
822-7 Enabling Act (Article 179d, Vernon's Texas Civil Statutes);
822-8 (B) Chapter 2002, Occupations Code; or
822-9 (C) the Texas Racing Act (Article 179e, Vernon's
822-10 Texas Civil Statutes); or
822-11 (C) the Charitable Raffle Enabling Act (Article
822-12 179f, Revised Statutes);
822-13 (2) consisted entirely of participation in the state
822-14 lottery authorized by Chapter 466, Government Code; or
822-15 (3) was a necessary incident to the operation of the
822-16 state lottery and was directly or indirectly authorized by:
822-17 (A) Chapter 466, Government Code;
822-18 (B) the lottery division of the Texas Lottery
822-19 Commission;
822-20 (C) the Texas Lottery Commission; or
822-21 (D) the director of the lottery division of the
822-22 Texas Lottery Commission.
825-11 ARTICLE 16. CHANGES RELATING TO PENAL CODE
825-12 SECTION 16.001. Section 28.08(e), Penal Code, as amended by
825-13 Chapters 166 and 695, Acts of the 76th Legislature, Regular
825-14 Session, 1999, is amended to properly number subdivisions to read
825-15 as follows:
825-16 (e) In this section:
825-17 (1) "Aerosol paint" means an aerosolized paint
825-18 product.
825-19 (2) "Etching or engraving device" means a device that
825-20 makes a delineation or impression on tangible property, regardless
825-21 of the manufacturer's intended use for that device.
825-22 (3) "Indelible marker" means a device that makes a
825-23 mark with a paint or ink product that is specifically formulated to
825-24 be more difficult to erase, wash out, or remove than ordinary paint
825-25 or ink products.
825-26 (4) (3) "Institution of higher education" has the
825-27 meaning assigned by Section 481.134, Health and Safety Code.
826-1 (5) (4) "School" means a private or public
826-2 elementary or secondary school.
826-3 SECTION 16.002. Section 30.05(d), Penal Code, as amended by
826-4 Chapters 169 and 765, Acts of the 76th Legislature, Regular
826-5 Session, 1999, is reenacted to read as follows:
826-6 (d) An offense under Subsection (e) is a Class C misdemeanor
826-7 unless it is committed in a habitation or unless the actor carries
826-8 a deadly weapon on or about the actor's person during the
826-9 commission of the offense, in which event it is a Class A
826-10 misdemeanor. An offense under Subsection (a) is a Class B
826-11 misdemeanor, except that the offense is a Class A misdemeanor if:
826-12 (1) the offense is committed:
826-13 (A) in a habitation or a shelter center; or
826-14 (B) on a Superfund site; or
826-15 (2) the actor carries a deadly weapon on or about his
826-16 person during the commission of the offense.
826-17 SECTION 16.003. The heading to Section 49.03, Penal Code, is
826-18 amended to conform the heading of that section to the substance of
826-19 that section to read as follows:
826-20 Sec. 49.03. CONSUMPTION OR POSSESSION OF ALCOHOLIC
826-21 BEVERAGE IN MOTOR VEHICLE.
862-2 ARTICLE 21. RENUMBERING
862-3 SECTION 21.001. The following provisions of enacted codes are
862-4 renumbered or relettered and appropriate cross-references are
862-5 changed to eliminate duplicate citations or to relocate misplaced
862-6 provisions:
863-8 (7) Subsection (d), Article 2.122, Code of Criminal
863-9 Procedure, as added by Chapter 197, Acts of the 76th Legislature,
863-10 Regular Session, 1999, is relettered as Subsection (e), Article
863-11 2.122, Code of Criminal Procedure.
863-12 (8) Subsection (h), Article 26.13, Code of Criminal
863-13 Procedure, as added by Chapter 425, Acts of the 76th Legislature,
863-14 Regular Session, 1999, is relettered as Subsection (i), Article
863-15 26.13, Code of Criminal Procedure.
863-16 (9) Article 42.015, Code of Criminal Procedure, as
863-17 added by Chapter 417, Acts of the 76th Legislature, Regular
863-18 Session, 1999, is renumbered as Article 42.012, Code of Criminal
863-19 Procedure.
863-20 (10) Subsection (e), Section 5, Article 42.12, Code of
863-21 Criminal Procedure, as added by Chapter 580, Acts of the 76th
863-22 Legislature, Regular Session, 1999, is relettered as Subsection
863-23 (f), Section 5, Article 42.12, Code of Criminal Procedure.
863-24 (11) Subsection (g), Section 11, Article 42.12, Code
863-25 of Criminal Procedure, as added by Chapter 27, Acts of the 76th
863-26 Legislature, Regular Session, 1999, is relettered as Subsection
863-27 (h), Section 11, Article 42.12, Code of Criminal Procedure.
864-1 (12) Subsection (f), Article 45.012, Code of Criminal
864-2 Procedure, as added by Chapter 701, Acts of the 76th Legislature,
864-3 Regular Session, 1999, is relettered as Subsection (h), Article
864-4 45.012, Code of Criminal Procedure.
864-5 (13) Article 46.04, Code of Criminal Procedure, as
864-6 added by Chapter 654, Acts of the 76th Legislature, Regular
864-7 Session, 1999, is renumbered as Article 46.05, Code of Criminal
864-8 Procedure.
864-9 (14) Article 61.07, Code of Criminal Procedure, as
864-10 added by Chapter 492, Acts of the 76th Legislature, Regular
864-11 Session, 1999, is renumbered as Article 61.10, Code of Criminal
864-12 Procedure.
864-13 (15) Article 61.08, Code of Criminal Procedure, as
864-14 added by Chapter 491, Acts of the 76th Legislature, Regular
864-15 Session, 1999, is renumbered as Article 61.11, Code of Criminal
864-16 Procedure.
866-21 (29) Subsection (d), Section 51.095, Family Code, as
866-22 added by Chapter 1477, Acts of the 76th Legislature, Regular
866-23 Session, 1999, is relettered as Subsection (e), Section 51.095,
866-24 Family Code.
866-25 (30) Subsection (p), Section 54.01, Family Code, as
866-26 added by Chapter 1477, Acts of the 76th Legislature, Regular
866-27 Session, 1999, is relettered as Subsection (q), Section 54.01,
867-1 Family Code.
867-2 (31) Section 201.1065, Family Code, as added by
867-3 Chapter 556, Acts of the 76th Legislature, Regular Session, 1999,
867-4 is renumbered as Section 201.1066, Family Code.
867-5 (32) Section 231.011, Family Code, as added by Chapter
867-6 228, Acts of the 76th Legislature, Regular Session, 1999, is
867-7 renumbered as Section 231.015, Family Code.
867-8 (33) Section 234.006, Family Code, as added by Chapter
867-9 1072, Acts of the 76th Legislature, Regular Session, 1999, is
867-10 renumbered as Section 234.010, Family Code.
867-11 (34) Section 234.007, Family Code, as added by Chapter
867-12 1072, Acts of the 76th Legislature, Regular Session, 1999, is
867-13 renumbered as Section 234.011, Family Code.
877-1 (93) Section 12.48, Penal Code, as added by Chapter
877-2 417, Acts of the 76th Legislature, Regular Session, 1999, is
877-3 renumbered as Section 12.49, Penal Code.
877-4 (94) Subdivision (5), Subsection (b), Section 30.05,
877-5 Penal Code, as added by Chapter 765, Acts of the 76th Legislature,
877-6 Regular Session, 1999, is renumbered as Subdivision (6),
877-7 Subsection (b), Section 30.05, Penal Code.
879-27 SECTION 21.002. The following reference changes are made to
880-1 conform the provisions amended to the renumbering changes made by
880-2 Section 21.001 of this Act:
885-3 (15) Section 12.48, Penal Code, as added by Chapter
885-4 417, Acts of the 76th Legislature, Regular Session, 1999, is
885-5 renumbered as Section 12.49, Penal Code, as provided by this
885-6 article, and amended to read as follows:
885-7 Sec. 12.49 12.48. PENALTY IF CONTROLLED SUBSTANCE USED TO
885-8 COMMIT OFFENSE. If the court makes an affirmative finding under
885-9 Article 42.012 42.015, Code of Criminal Procedure, in the
885-10 punishment phase of the trial of an offense under Chapter 29,
885-11 Chapter 31, or Title 5, other than a first degree felony or a Class
885-12 A misdemeanor, the punishment for the offense is increased to the
885-13 punishment prescribed for the next highest category of offense. If
885-14 the offense is a Class A misdemeanor, the minimum term of
885-15 confinement for the offense is increased to 180 days.
888-3 SECTION 21.003. If the number, letter, or designation
888-4 assigned by Section 21.001 of this Act conflicts with a number,
888-5 letter, or designation assigned by another Act of the 77th
888-6 Legislature:
888-7 (1) the other Act controls, and the change made by
888-8 Section 21.001 of this Act has no effect; and
888-9 (2) any cross-reference change made by Section 21.002
888-10 of this Act to conform to that change made by Section 21.001 of
888-11 this Act has no effect.
888-12 ARTICLE 22. EFFECTIVE DATE
888-13 SECTION 22.001. (a) Except as provided by Subsection (b) of
888-14 this section, this Act takes effect September 1, 2001.
888-15 (b) Section 8.104 of this Act takes effect July 1, 2001, if
888-16 this Act receives a vote of two-thirds of all the members elected
888-17 to each house, as provided by Section 39, Article III, Texas
888-18 Constitution. If this Act does not receive the vote necessary for
888-19 effect of that section on that date, the section takes effect
888-20 September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2812 was passed by the House on April
26, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2812 was passed by the Senate on May
22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor