FrankGoortani/open-us-law huggingface dataset:
Tex. Business & Commerce Code § 4A.406 — TX Code / Code bc / Chapter 4A / Section 4A.406
§ 4A.406. PAYMENT BY ORIGINATOR TO BENEFICIARY; DISCHARGE OF UNDERLYING OBLIGATION.
Status: in_force

(a) Subject to Sections 4A.211(e) and 4A.405(d) and (e), the originator of a funds transfer pays the beneficiary of the originator's payment order:

(1) at the time a payment order for the benefit of the beneficiary is accepted by the beneficiary's bank in the funds transfer; and

(2) in an amount equal to the amount of the order accepted by the beneficiary's bank, but not more than the amount of the originator's order.

(b) If payment under Subsection (a) is made to satisfy an obligation, the obligation is discharged to the same extent discharge would result from payment to the beneficiary of the same amount in money, unless (i) the payment under Subsection (a) of this section was made by a means prohibited by the contract of the beneficiary with respect to the obligation, (ii) the beneficiary, within a reasonable time after receiving notice of receipt of the order by the beneficiary's bank, notified the originator of the beneficiary's refusal of the payment, (iii) funds with respect to the order were not withdrawn by the beneficiary or applied to a debt of the beneficiary, and (iv) the beneficiary would suffer a loss that could reasonably have been avoided if payment had been made by a means complying with the contract. If payment by the originator does not result in discharge under this section, the originator is subrogated to the rights of the beneficiary to receive payment from the beneficiary's bank under Section 4A.404(a).

(c) For the purpose of determining whether discharge of an obligation occurs under Subsection (b), if the beneficiary's bank accepts a payment order in an amount equal to the amount of the originator's payment order less charges of one or more receiving banks in the funds transfer, payment to the beneficiary is deemed to be in the amount of the originator's order unless upon demand by the beneficiary the originator does not pay the beneficiary the amount of the deducted charges.

(d) Rights of the originator or of the beneficiary of a funds transfer under this section may be varied only by agreement of the originator and the beneficiary.
Tex. Finance Code § 371.168 — TX Code / Code fi / Chapter 371 / Section 371.168
§ 371.168. EXEMPTION FROM CRIMINAL LIABILITY.
Status: in_force

A pawnbroker is not criminally liable for damages or loss due to an act of God or circumstances beyond the pawnbroker's control.
Tex. Transportation Code § 366.181 — TX Code / Code tn / Chapter 366 / Section 366.181
§ 366.181. PROMOTION OF TOLL ROADS.
Status: in_force

An authority may promote the use of its turnpike projects by appropriate means, including advertising or marketing as the authority determines appropriate.
Tex. Business & Commerce Code § 261.004 — TX Code / Code bc / Chapter 261 / Section 261.004
§ 261.004.
Status: in_force

Sec. 261.004. FILING UTILITY SECURITY INSTRUMENT WITH SECRETARY OF STATE: PERFECTION AND NOTICE. (a) Subject to Subsection (b), the filing with the secretary of state of a utility security instrument executed by a utility and described by Section 261.003(1) and payment of the filing fee prescribed by Section 261.008:

(1) constitute perfection of a security interest created by the instrument in any personal property:

(A) in which a security interest may be perfected by filing under Chapter 9, including any goods that are or will become a fixture;

(B) that is located in this state; and

(C) that was owned by the utility when the instrument was executed or is to be acquired by the utility after the instrument is executed;

(2) if the instrument is proven, acknowledged, or certified as otherwise required by law for the recording of real property mortgages, serve as notice to all persons of the existence of the instrument and the security interest granted by the instrument in any real property, or in any fixture on or to be placed on the property, that:

(A) is located in this state; and

(B) was owned by the utility when the instrument was executed or is to be acquired by the utility after the instrument is executed; and

(3) result in priority of the secured party reflected on the utility security instrument and assignees under Section 261.012 over the rights of a lien creditor, as defined by Section 9.102, for so long as the lien is recorded on the utility security instrument.

(b) For perfection or notice under Subsection (a) to be effective as to a particular item of property, the filed utility security instrument must:

(1) identify the property by type, character, or description if the property is presently owned personal property, including a fixture, and for that purpose any description of personal property or real property is sufficient, regardless of whether specific, if it reasonably identifies what is described;

(2) provide a description of the property if the property is presently owned real property; or

(3) if the property is to be acquired after the instrument is executed, state conspicuously on its title page: "This Instrument Contains After-Acquired Property Provisions."

(c) A filing under this section satisfies any requirement of:

(1) a filing of the utility security instrument or a financing statement in the office of a county clerk if that filing would otherwise be necessary to perfect a security interest; and

(2) a recording of the utility security instrument in the office of a county clerk if that recording would otherwise make the instrument effective as to all creditors and subsequent purchasers for valuable consideration without notice.
Tex. Special District Local Laws Code § 3974.0201 — TX Code / Code sd / Chapter 3974 / Section 3974.0201
§ 3974.0201. GOVERNING BODY; TERMS.
Status: in_force

The district is governed by a board of five directors who serve staggered terms of four years, with two or three directors' terms expiring June 1 of each even-numbered year. Five directors are appointed by the commission as provided by Section 3974.0202.
Tex. Health and Safety Code § 12.139 — TX Code / Code hs / Chapter 12 / Section 12.139
§ 12.139. ANNUAL REVIEW.
Status: in_force

The advisory committee shall annually:

(1) review the results of any audit conducted under this subchapter and the results of any dispute filed under Section 12.134; and

(2) review the rules adopted by the executive commissioner under this subchapter and propose any amendments to the rules the advisory committee considers necessary.
Tex. Special District Local Laws Code § 7969.052 — TX Code / Code sd / Chapter 7969 / Section 7969.052
§ 7969.052. TEMPORARY DIRECTORS.
Status: in_force

(a) On or after the effective date of the Act enacting this chapter, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as temporary directors the five persons named in the petition. The commission shall appoint as temporary directors the five persons named in the petition.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section 7969.003; or

(2) the fourth anniversary of the effective date of the Act enacting this chapter.

(c) If permanent directors have not been elected under Section 7969.003 and the terms of the temporary directors have expired, successor temporary directors shall be appointed or reappointed as provided by Subsection (d) to serve terms that expire on the earlier of:

(1) the date permanent directors are elected under Section 7969.003; or

(2) the fourth anniversary of the date of the appointment or reappointment.

(d) If Subsection (c) applies, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the commission requesting that the commission appoint as successor temporary directors the five persons named in the petition. The commission shall appoint as successor temporary directors the five persons named in the petition.
Tex. Special District Local Laws Code § 9034.104 — TX Code / Code sd / Chapter 9034 / Section 9034.104
§ 9034.104. ROAD STANDARDS AND REQUIREMENTS.
Status: in_force

(a) A road project must meet all applicable construction standards, zoning and subdivision requirements, 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, subdivision requirements, 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.
Tex. Occupations Code § 1701.625 — TX Code / Code oc / Chapter 1701 / Section 1701.625
§ 1701.625. PROTECTIONS RELATED TO LICENSURE.
Status: in_force

A law enforcement officer's participation in peer-to-peer support and other peer-to-peer services under the network may not:

(1) serve as the basis for a revocation, suspension, or denial of a license issued under this chapter; or

(2) be considered in any proceeding related to the officer's licensure under this chapter.
Tex. Government Code § 2054.392 — TX Code / Code gv / Chapter 2054 / Section 2054.392
§ 2054.392. STATEWIDE TECHNOLOGY ACCOUNT.
Status: in_force

The comptroller shall establish in the state treasury the statewide technology account. The account is a revolving fund account for the administration of this subchapter. The account is the depository for all money received from entities served under this subchapter. Money in the account may be used only for the operation and management of a statewide technology center or for any other purpose specified by the legislature.
Tex. Government Code § 661.904 — TX Code / Code gv / Chapter 661 / Section 661.904
§ 661.904. MILITARY LEAVE DURING NATIONAL EMERGENCY.
Status: in_force

(a) An employee called to active duty during a national emergency to serve in a reserve component of the armed forces of the United States under Title 10 or 32, United States Code, is entitled to an unpaid leave of absence.

(b) The employee on an unpaid leave of absence during military duty described by Subsection (a) continues to accrue:

(1) state service credit for purposes of longevity pay;

(2) vacation leave; and

(3) sick leave.

(c) The employee may retain any accrued vacation or sick leave and is entitled to be credited with those balances on return to state employment from military duty described by Subsection (a). Leave earned while on an unpaid leave of absence during military duty described by Subsection (a) is credited to the employee's balance when the employee returns to active state employment.

(d) The employee may use any accrued vacation leave, earned compensatory leave, or overtime leave under the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), as amended, in whole or in part, to maintain benefits for the employee or the employee's dependents while the employee is on military duty described by Subsection (a).

(e) Before a state employee leaves for military service, the state agency employing the employee shall review with the employee any issues relating to maintaining state health insurance coverage during the employee's military duty, including what the employee needs to do to maintain state health insurance coverage, how health insurance coverage is affected by paid or unpaid leave, and how to pay any premium required for the insurance coverage.

(f) A state employee activated for military service may continue to accrue service credit with the Employees Retirement System of Texas by receiving at least one hour of state pay during each month of active military service. The employee may use any combination of paid leave, including state compensatory leave, overtime leave under the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), as amended, annual leave, military leave, or approved agency differential pay, to qualify for the state pay.
Tex. Local Government Code § 363.053 — TX Code / Code lg / Chapter 363 / Section 363.053
§ 363.053. ELECTION REQUIRED.
Status: in_force

A district proposed by the governing body may be created and a tax may be authorized only if the creation and the tax are approved by a majority of the qualified voters of the proposed district voting at an election called and held for that purpose.
Tex. Health and Safety Code § 292E.051 — TX Code / Code hs / Chapter 292E / Section 292E.051
§ 292E.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY PAYMENTS.
Status: in_force

The commissioners court of a county may require a mandatory payment under this chapter by an institutional health care provider in the county only in the manner provided by this chapter.
Tex. Insurance Code § 2652.052 — TX Code / Code in / Chapter 2652 / Section 2652.052
§ 2652.052. LICENSE AND RENEWAL FEES.
Status: in_force

(a) The department shall prescribe the license fee in an amount not to exceed $50.

(b) License and renewal fees collected under this chapter and appointment fees collected under Section 2652.1511 shall be deposited to the credit of the Texas Department of Insurance operating account to be used by the department to enforce this chapter and any other law of this state that regulates escrow officers for title insurance agents or direct operations.
Tex. Education Code § 61.9629 — TX Code / Code ed / Chapter 61 / Section 61.9629
§ 61.9629. CONTINUED ELIGIBILITY OF PROGRAMS TO RECEIVE GRANTS.
Status: in_force

Notwithstanding Section 61.9621, a professional nursing program offered by an entity other than a public or private or independent institution of higher education that was eligible to receive grants from a program under this subchapter before September 1, 2009, remains eligible to receive a grant from such a program if the entity meets all criteria for a grant other than the criterion of being a program offered by an institution of higher education.
Tex. Human Resources Code § 32.0291 — TX Code / Code hr / Chapter 32 / Section 32.0291
§ 32.0291. PREPAYMENT REVIEWS AND PAYMENT HOLDS.
Status: repealed

(a) Notwithstanding any other law, the commission may:

(1) perform a prepayment review of a claim for reimbursement under the medical assistance program to determine whether the claim involves fraud or abuse; and

(2) as necessary to perform that review, withhold payment of the claim for not more than five working days without notice to the person submitting the claim.

(b) Subject to Sections 544.0104 and 544.0105 and Subchapter G, Chapter 544, Government Code, and notwithstanding any other law, the commission may impose a payment hold on future claims submitted by a provider.

(c) A payment hold authorized by this section is governed by the requirements and procedures specified for a payment hold under Sections 544.0104 and 544.0105 and Subchapter G, Chapter 544, Government Code, including the notice requirements under Section 544.0302.

(d) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 622, Sec. 6, eff. September 1, 2013.
Tex. Alcoholic Beverage Code § 204.05 — TX Code / Code al / Chapter 204 / Section 204.05
§ 204.05. CANCELLATION OF BOND.
Status: in_force

The commission may not cancel a surety bond until the surety company has paid and discharged in full all of its liabilities on the bond to the state as of the date of cancellation.
Tex. Natural Resources Code § 40.106 — TX Code / Code nr / Chapter 40 / Section 40.106
§ 40.106. REFUSAL TO COOPERATE.
Status: in_force

(a) If a responsible person, or a person or discharge cleanup organization under the control of a responsible person, participating in operations to abate, contain, and remove pollution from any unauthorized discharge of oil, reasonably believes that any directions or orders given by the commissioner or the commissioner's designee under this chapter will unreasonably endanger public safety or natural resources or conflict with directions or orders of the federal on-scene coordinator, the party may refuse to comply with the direction or orders.

(b) The party shall state at the time of refusal the reason or reasons why the party refuses to comply. The party shall give the commissioner written notice of the reason or the reasons for the refusal within 48 hours of the refusal.
Tex. Local Government Code § 334.0082 — TX Code / Code lg / Chapter 334 / Section 334.0082
§ 334.0082. VENUE PROJECTS IN CERTAIN MUNICIPALITIES.
Status: in_force

(a) This section applies only to a municipality that:

(1) has a population of at least 250,000 that borders the Rio Grande, and that approved a sports and community venue project before January 1, 2009; or

(2) is located in a county adjacent to the Texas-Mexico border if:

(A) the county has a population of at least 500,000;

(B) the county does not have a city located within it that has a population of at least 500,000; and

(C) the municipality is the largest municipality in the county described by this subdivision.

(b) Notwithstanding any other law, including Section 334.089, after complying with Section 334.022, a municipality to which this section applies may hold an election under Section 334.024 on the question of approving and implementing a resolution to:

(1) authorize the municipality to plan, acquire, establish, develop, construct, or renovate a convention center and related infrastructure in the city limits of the municipality as part of an existing or previously approved sports and community venue project, regardless of whether the convention center is located on the premises of the existing or previously approved venue project;

(2) impose a tax under Subchapter H at a rate not to exceed two percent of the cost of a room; and

(3) authorize the municipality to finance, operate, and maintain the venue project described by Subdivision (1), including the convention center, using the revenue from any taxes imposed by the municipality under this chapter, including taxes previously approved in relation to the existing or previously approved venue project.

(c) If the resolution is approved by a majority of the votes cast in the election, the municipality may implement the resolution.
Tex. Special District Local Laws Code § 7914A.0106 — TX Code / Code sd / Chapter 7914A / Section 7914A.0106
§ 7914A.0106. INITIAL DISTRICT TERRITORY.
Status: in_force

(a) The district is initially composed of the territory described by Section 2 of the Act enacting this chapter.

(b) The boundaries and field notes contained in Section 2 of the Act enacting this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect the district's:

(1) organization, existence, or validity;

(2) right to issue any type of bond for the purposes for which the district is created or to pay the principal of and interest on a bond;

(3) right to impose a tax; or

(4) legality or operation.
Tex. Transportation Code § 441.158 — TX Code / Code tn / Chapter 441 / Section 441.158
§ 441.158. BORROWING MONEY.
Status: in_force

The district may borrow money for any purpose authorized under this chapter.
Tex. Government Code § 72.0396 — TX Code / Code gv / Chapter 72 / Section 72.0396
§ 72.0396. JUDICIAL TRANSPARENCY INFORMATION.
Status: in_force

(a) Each district court judge shall submit to the presiding judge of the administrative judicial region in which the judge's court sits not later than July 20 or January 20, as applicable, information for the preceding six-month period in which the judge attests to:

(1) the number of hours the judge presided over the judge's court at the courthouse or another court facility; and

(2) the number of hours the judge performed judicial duties other than those described by Subdivision (1), including the number of hours the judge:

(A) performed case-related duties;

(B) performed administrative tasks; and

(C) completed continuing education.

(b) The presiding judge of each administrative judicial region shall submit the information submitted under Subsection (a) to the office in the manner prescribed by the supreme court.

(c) The office shall provide administrative support for the submission and collection of information under Subsection (a), including providing a system for electronic submission of the information.

(d) Not later than December 1 of each year, the office shall prepare and submit to the governor, the lieutenant governor, the speaker of the house of representatives, and each presiding officer of a legislative standing committee with primary jurisdiction over the judiciary a written report compiling the information submitted under Subsection (b).

(e) The supreme court shall adopt rules establishing guidelines and providing instructions regarding the submission of information under Subsection (a), including rules:

(1) establishing a penalty for the submission of false information under that subsection; and

(2) providing guidance on the form and manner of submitting information under that subsection.
Tex. Estates Code § 453.003 — TX Code / Code es / Chapter 453 / Section 453.003
§ 453.003. GENERAL POWERS OF SURVIVING SPOUSE IF NO ADMINISTRATION IS PENDING.
Status: in_force

(a) If there is no qualified executor or administrator of a deceased spouse's estate, the surviving spouse, as the surviving partner of the marital partnership, may:

(1) sue and be sued to recover community property;

(2) sell, mortgage, lease, and otherwise dispose of community property to pay debts for which a portion of community property is liable for payment;

(3) collect claims due to the community estate; and

(4) exercise other powers as necessary to:

(A) preserve the community property;

(B) discharge obligations for which a portion of community property is liable for payment; and

(C) wind up community affairs.

(b) This section does not affect the disposition of the deceased spouse's property.
Tex. Government Code § 865.0035 — TX Code / Code gv / Chapter 865 / Section 865.0035
§ 865.0035. STATE BOARD MEMBER TRAINING.
Status: in_force

(a) A person who is appointed to and qualifies for office as a member of the state board may not vote, deliberate, or be counted as a member in attendance at a meeting of the state board until the person completes a training program that complies with this section.

(b) A training program must provide the person with information regarding:

(1) this subtitle;

(2) the programs, functions, rules, and budget of the pension system;

(3) the results of the most recent formal audit of the system;

(4) the requirements of laws relating to open meetings, public information, administrative procedure, and conflicts of interest; and

(5) any applicable ethics policies adopted by the system or the Texas Ethics Commission.

(c) A person appointed to the state board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Tex. Election Code § 181.003 — TX Code / Code el / Chapter 181 / Section 181.003
§ 181.003. NOMINATING BY CONVENTION REQUIRED.
Status: in_force

A political party must make nominations for the general election for state and county officers by convention, as provided by this chapter, if the party is not required or authorized to nominate by primary election.
Tex. Special District Local Laws Code § 3946.152 — TX Code / Code sd / Chapter 3946 / Section 3946.152
§ 3946.152. BOARD DETERMINATION REQUIRED.
Status: in_force

The district may not undertake an improvement project unless the board determines the project is necessary to accomplish a public purpose of the district.