FrankGoortani/open-us-law huggingface dataset:
Tex. Transportation Code § 524.038 — TX Code / Code tn / Chapter 524 / Section 524.038
§ 524.038. INSTRUMENT RELIABILITY AND ANALYSIS VALIDITY.
Status: in_force

(a) The reliability of an instrument used to take or analyze a specimen of a person's breath to determine alcohol concentration and the validity of the results of the analysis may be attested to in a proceeding under this subchapter by affidavit from the certified breath test technical supervisor responsible for maintaining and directing the operation of breath test instruments in compliance with department rule.

(b) An affidavit submitted under Subsection (a) must contain statements on:

(1) the reliability of the instrument and the analytical results; and

(2) compliance with state law in the administration of the program.

(c) An affidavit of an expert witness contesting the reliability of the instrument or the results is admissible.

(d) An affidavit from a person whose presence is timely requested under this section is inadmissible if the person fails to appear at a hearing without a showing of good cause. Otherwise, an affidavit under this section may be submitted in lieu of an appearance at the hearing by the breath test operator, breath test technical supervisor, or expert witness.
Tex. Health and Safety Code § 117.101 — TX Code / Code hs / Chapter 117 / Section 117.101
§ 117.101. GENERAL DUTIES OF COMMITTEE.
Status: in_force

(a) The committee shall:

(1) define the core public health services a local health entity should provide in a county or municipality;

(2) evaluate public health in this state and identify initiatives for areas that need improvement;

(3) identify all funding sources available for use by local health entities to perform core public health functions;

(4) establish public health policy priorities for this state; and

(5) at least annually, make formal recommendations to the department regarding:

(A) the use and allocation of funds available exclusively to local health entities to perform core public health functions;

(B) ways to improve the overall public health of citizens in this state;

(C) methods for transitioning from a contractual relationship between the department and the local health entities to a cooperative-agreement relationship between the department and the local health entities; and

(D) methods for fostering a continuous collaborative relationship between the department and the local health entities.

(b) Recommendations made under Subsection (a)(5)(A) must be in accordance with:

(1) prevailing epidemiological evidence, variations in geographic and population needs, best practices, and evidence-based interventions related to the populations to be served;

(2) state and federal law; and

(3) federal funding requirements.
Tex. Estates Code § 453.002 — TX Code / Code es / Chapter 453 / Section 453.002
§ 453.002. ADMINISTRATION OF COMMUNITY PROPERTY NOT NECESSARY.
Status: in_force

If a spouse dies intestate and the community property passes to the surviving spouse, no administration of the community property is necessary.
Tex. Health and Safety Code § 241.1015 — TX Code / Code hs / Chapter 241 / Section 241.1015
§ 241.1015. PHYSICIAN COMMUNICATION AND CONTRACTS.
Status: in_force

(a) A hospital, whether by contract, by granting or withholding staff privileges, or otherwise, may not restrict a physician's ability to communicate with a patient with respect to:

(1) the patient's coverage under a health care plan;

(2) any subject related to the medical care or health care services to be provided to the patient, including treatment options that are not provided under a health care plan;

(3) the availability or desirability of a health care plan or insurance or similar coverage, other than the patient's health care plan; or

(4) the fact that the physician's staff privileges or contract with a hospital or health care plan have terminated or that the physician will otherwise no longer be providing medical care or health care services at the hospital or under the health care plan.

(b) A hospital, by contract or otherwise, may not refuse or fail to grant or renew staff privileges, or condition staff privileges, based in whole or in part on the fact that the physician or a partner, associate, or employee of the physician is providing medical or health care services at a different hospital or hospital system.

(c) A hospital may not contract to limit a physician's participation or staff privileges or the participation or staff privileges of a partner, associate, or employee of the physician at a different hospital or hospital system.

(d) This section does not prevent a hospital from entering into contracts with physicians to ensure physician availability and coverage at the hospital or to comply with regulatory requirements or quality of care standards established by the governing body of the hospital.

(e) This section does not prevent the governing body of a hospital from:

(1) limiting the number of physicians granted medical staff membership or privileges at the hospital based on a medical staff development plan that is unrelated to a physician's professional or business relationships or associations including those with another physician or group of physicians or to a physician or a partner, associate, or employee of a physician having medical staff membership or privileges at another hospital or hospital system; or

(2) limiting the ability of hospital medical directors to contract with or hold medical staff memberships or clinical privileges at different hospitals or hospital systems provided that such limitations do not extend to the medical directors' professional or business relationships or associations including those with another physician, group of physicians, or other health care providers, other than hospitals or hospital systems.

(f) A contract provision that violates this section is void.

(g) In this section, "health care plan" has the meaning assigned by Section 843.002, Insurance Code, and "hospital medical directors" means physicians who have been employed by or are under contract with a hospital to manage a clinical department or departments of the hospital.
Tex. Health and Safety Code § 242.203 — TX Code / Code hs / Chapter 242 / Section 242.203
§ 242.203. VIOLATION.
Status: in_force

(a) An institution that violates this subchapter is subject to an administrative penalty under Subchapter C.

(b) The department may not revoke or suspend the license of an institution for a violation of this subchapter.
Tex. Occupations Code § 1102.301 — TX Code / Code oc / Chapter 1102 / Section 1102.301
§ 1102.301. NEGLIGENCE OR INCOMPETENCE.
Status: in_force

An inspector may not perform a real estate inspection in a negligent or incompetent manner.
Tex. Health and Safety Code § 85.008 — TX Code / Code hs / Chapter 85 / Section 85.008
§ 85.008. PROMOTION OF AVAILABILITY OF EDUCATIONAL MATERIALS.
Status: in_force

The department shall determine where HIV education efforts are needed in this state and shall promote the availability of educational materials on the department's Internet website in those areas.
Tex. Human Resources Code § 33.002 — TX Code / Code hr / Chapter 33 / Section 33.002
§ 33.002. DISTRIBUTION OF COMMODITIES AND SNAP BENEFITS.
Status: in_force

(a) The department is responsible for the distribution of commodities and the commission is responsible for the distribution of supplemental nutrition assistance program benefits allocated respectively to the department and the commission by the federal government.

(b) The department and commission may enter into agreements with federal agencies that are required as a prerequisite to the allocation of the commodities or supplemental nutrition assistance program benefits. The department and commission may enter into agreements with eleemosynary institutions, schools, and other eligible agencies and recipients of the commodities and supplemental nutrition assistance program benefits. The department may cooperate with a municipality or county as necessary to properly administer the distribution of federal surplus commodities and other resources for which the department is responsible.

(c) The department and the executive commissioner, as applicable, shall establish policies and rules that will ensure the widest and most efficient distribution of the commodities and supplemental nutrition assistance program benefits to those eligible to receive them.

(c-1) The executive commissioner by rule shall establish a schedule for the distribution of supplemental nutrition assistance program benefits that ensures the even distribution of the benefits each month over a 28-day period.

(d) The commission shall continually monitor the expedited issuance of supplemental nutrition assistance program benefits to ensure that each region in the state complies with federal regulations and that those households eligible for expedited issuance are identified, processed, and certified within the timeframes prescribed within the federal regulations.

(e) The commission shall screen all applicants for expedited issuance of supplemental nutrition assistance program benefits on a priority basis within one working day. Applicants who meet the federal criteria for expedited issuance and have an immediate need for food assistance shall receive those benefits within one working day.

(f) The commission shall conspicuously post in each local supplemental nutrition assistance program benefits office a notice of the availability of and procedure for applying for expedited issuance.

(g) The commission may, within federal limits, modify the one-day screening and service delivery requirements prescribed by Subsection (e) if the commission determines that the modification is necessary to reduce fraud in the supplemental nutrition assistance program.
Tex. Special District Local Laws Code § 1102.101 — TX Code / Code sd / Chapter 1102 / Section 1102.101
§ 1102.101. DISTRICT RESPONSIBILITY.
Status: in_force

The district has full responsibility for providing medical and hospital care for the district's needy inhabitants and needy and indigent residents.
Tex. Estates Code § 1151.055 — TX Code / Code es / Chapter 1151 / Section 1151.055
§ 1151.055. APPLICATION BY CERTAIN RELATIVES FOR ACCESS TO WARD; HEARING AND COURT ORDER.
Status: in_force

(a) This section applies to a relative described under Sections 1101.001(b)(13)(A)-(D).

(b) A relative of a ward may file an application with the court requesting access to the ward, including the opportunity to establish visitation or communication with the ward.

(c) Except as provided by Subsection (d), the court shall schedule a hearing on the application not later than the 60th day after the date an application is filed under Subsection (b). The court may grant a continuance of a hearing under this section for good cause.

(d) If an application under Subsection (b) states that the ward's health is in significant decline or that the ward's death may be imminent, the court shall conduct an emergency hearing as soon as practicable, but not later than the 10th day after the date the application is filed under Subsection (b).

(e) The guardian of a ward with respect to whom an application is filed under Subsection (b) shall be personally served with a copy of the application and cited to appear at a hearing under:

(1) Subsection (c) at least 21 days before the date of the hearing; and

(2) Subsection (d) as soon as practicable.

(f) The court shall issue an order after notice and a hearing under this section. An order issued under this section may:

(1) prohibit the guardian of a ward from preventing the applicant access to the ward if the applicant shows by a preponderance of the evidence that:

(A) the guardian's past act or acts prevented access to the ward; and

(B) the ward desires contact with the applicant; and

(2) specify the frequency, time, place, location, and any other terms of access.

(g) In deciding whether to issue or modify an order issued under this section, the court:

(1) shall consider:

(A) whether any protective orders have been issued against the applicant to protect the ward;

(B) whether a court or other state agency has found that the applicant abused, neglected, or exploited the ward; and

(C) the best interest of the ward; and

(2) may consider whether:

(A) visitation by the applicant should be limited to situations in which a third person, specified by the court, is present; or

(B) visitation should be suspended or denied.

(h) The court may, in its discretion, award the prevailing party in any action brought under this section court costs and attorney's fees, if any. Court costs or attorney's fees awarded under this subsection may not be paid from the ward's estate.
Tex. Special District Local Laws Code § 1078.103 — TX Code / Code sd / Chapter 1078 / Section 1078.103
§ 1078.103. MANAGEMENT, CONTROL, AND ADMINISTRATION.
Status: in_force

The board shall manage, control, and administer the hospital system and the district's money and resources.
Tex. Special District Local Laws Code § 8333.101 — TX Code / Code sd / Chapter 8333 / Section 8333.101
§ 8333.101. GENERAL POWERS AND DUTIES.
Status: in_force

The district has the powers and duties necessary to accomplish the purposes for which the district is created.
Tex. Special District Local Laws Code § 3954.008 — TX Code / Code sd / Chapter 3954 / Section 3954.008
§ 3954.008. CITY CONSENT AND DEVELOPMENT AGREEMENT EXECUTION REQUIRED.
Status: in_force

The initial directors may not hold an election under Section 3954.007 until the city has:

(1) consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district; and

(2) entered into a development agreement with the owners of the real property in the district under Section 212.172, Local Government Code.
Tex. Insurance Code § 424.205 — TX Code / Code in / Chapter 424 / Section 424.205
§ 424.205. DERIVATIVE USE PLAN.
Status: in_force

(a) Before an insurer enters into a derivative transaction, the insurer's board of directors must approve a derivative use plan as part of the insurer's investment plan otherwise required by law.

(b) The derivative use plan must:

(1) describe investment objectives and risk constraints, such as counterparty exposure amounts;

(2) define permissible transactions, identifying the risks to be hedged and the assets or liabilities being replicated; and

(3) require compliance with the insurer's internal control procedures established under Section 424.206.
Tex. Special District Local Laws Code § 3898.060 — TX Code / Code sd / Chapter 3898 / Section 3898.060
§ 3898.060. NO EXECUTIVE COMMITTEE.
Status: in_force

The board may not create an executive committee to exercise the powers of the board.
Tex. Health and Safety Code § 591.013 — TX Code / Code hs / Chapter 591 / Section 591.013
§ 591.013. LONG-RANGE PLAN.
Status: in_force

(a) The commission shall develop a long-range plan for services to persons with intellectual and developmental disabilities.

(b) The executive commissioner shall appoint the necessary staff to develop the plan through research of appropriate topics and public hearings to obtain testimony from persons with knowledge of or interest in state services to persons with intellectual and developmental disabilities.

(c) In developing the plan, the commission shall consider existing plans or studies made by the commission or department.

(d) The plan must address at least the following topics:

(1) the needs of persons with intellectual and developmental disabilities;

(2) how state services should be structured to meet those needs;

(3) how the ICF-IID program, the waiver program under Section 1915(c), federal Social Security Act, other programs under Title XIX, federal Social Security Act, and other federally funded programs can best be structured and financed to assist the state in delivering services to persons with intellectual and developmental disabilities;

(4) the statutory limits and rule or policy changes necessary to ensure the controlled growth of the programs under Title XIX, federal Social Security Act, and other federally funded programs;

(5) methods for expanding services available through the ICF-IID program to persons with related conditions as defined by federal regulations relating to the medical assistance program; and

(6) the cost of implementing the plan.

(e) The commission and the department shall, if necessary, modify their respective long-range plans and other existing plans relating to the provision of services to persons with intellectual and developmental disabilities to incorporate the provisions of the plan.

(f) The commission shall review and revise the plan biennially. The commission and the department shall consider the most recent revision of the plan in any modifications of the commission's or department's long-range plans and in each future budget request.

(g) This section does not affect the authority of the commission and the department to carry out their separate functions as established by state and federal law.

(h) In this section, "ICF-IID program" means the medical assistance program serving persons with intellectual and developmental disabilities who receive care in intermediate care facilities.
Tex. Finance Code § 36.208 — TX Code / Code fi / Chapter 36 / Section 36.208
§ 36.208. RIGHTS FIXED.
Status: in_force

The rights and liabilities of the bank in liquidation and of a depositor, creditor, officer, director, employee, shareholder, agent, or other person interested in the bank's estate are fixed on the date of closing of the bank for liquidation except as otherwise directed by the court or as expressly provided otherwise by this subchapter or Subchapter D.
Tex. Labor Code § 213.005 — TX Code / Code la / Chapter 213 / Section 213.005
§ 213.005. COSTS ADJUDGED AGAINST STATE OR COMMISSION.
Status: in_force

The commission shall pay from the administration fund established under Subchapter D, Chapter 203, costs adjudged against the state or the commission in a suit instituted on behalf or at the request of the commission under this chapter or Section 204.086.
Tex. Occupations Code § 1704.156 — TX Code / Code oc / Chapter 1704 / Section 1704.156
§ 1704.156. REAPPRAISAL OF REAL PROPERTY.
Status: in_force

(a) An appraisal district may not reappraise real property solely because the property owner is a license holder or an applicant for a license under this chapter.

(b) An appraisal district is not prohibited from reappraising real property in connection with the appraisal of real property in the same general area or if the reappraisal is requested by the board, a license holder, or an applicant for a license.
Tex. Special District Local Laws Code § 8869.003 — TX Code / Code sd / Chapter 8869 / Section 8869.003
§ 8869.003. FINDINGS OF PUBLIC USE AND BENEFIT.
Status: in_force

(a) The district is created to serve a public use and benefit.

(b) All land and other property included in the district will benefit from the works and projects accomplished by the district under the powers conferred by Section 59, Article XVI, Texas Constitution.
Tex. Business & Commerce Code § 9.337 — TX Code / Code bc / Chapter 9 / Section 9.337
§ 9.337. PRIORITY OF SECURITY INTERESTS IN GOODS COVERED BY CERTIFICATE OF TITLE.
Status: in_force

If, while a security interest in goods is perfected by any method under the law of another jurisdiction, this state issues a certificate of title that does not show that the goods are subject to the security interest or contain a statement that they may be subject to security interests not shown on the certificate:

(1) a buyer of the goods, other than a person in the business of selling goods of that kind, takes free of the security interest if the buyer gives value and receives delivery of the goods after issuance of the certificate and without knowledge of the security interest; and

(2) the security interest is subordinate to a conflicting security interest in the goods that attaches, and is perfected under Section 9.311(b), after issuance of the certificate and without the conflicting secured party's knowledge of the security interest.
Tex. Business & Commerce Code § 3.407 — TX Code / Code bc / Chapter 3 / Section 3.407
§ 3.407. ALTERATION.
Status: in_force

(a) "Alteration" means:

(1) an unauthorized change in an instrument that purports to modify in any respect the obligation of a party; or

(2) an unauthorized addition of words or numbers or other change to an incomplete instrument relating to the obligation of a party.

(b) Except as provided in Subsection (c), an alteration fraudulently made discharges a party whose obligation is affected by the alteration unless that party assents or is precluded from asserting the alteration. No other alteration discharges a party, and the instrument may be enforced according to its original terms.

(c) A payor bank or drawee paying a fraudulently altered instrument or a person taking it for value, in good faith and without notice of the alteration, may enforce rights with respect to the instrument:

(1) according to its original terms; or

(2) in the case of an incomplete instrument altered by unauthorized completion, according to its terms as completed.
Tex. Special District Local Laws Code § 9089.0201 — TX Code / Code sd / Chapter 9089 / Section 9089.0201
§ 9089.0201. GOVERNING BODY; TERMS.
Status: in_force

(a) The district is governed by a board of five elected directors.

(b) Except as provided by Section 9089.0202, directors serve staggered four-year terms.
Tex. Finance Code § 154.306 — TX Code / Code fi / Chapter 154 / Section 154.306
§ 154.306. LIABILITY AND OBLIGATIONS OF COMPTROLLER.
Status: in_force

(a) The comptroller is liable to the purchaser or beneficiary of a prepaid funeral benefits contract presumed abandoned under this subchapter only to the extent of money that is attributable to the contract and delivered to the comptroller.

(b) The comptroller is not obligated to perform the seller's duties under an abandoned prepaid funeral benefits contract.
Tex. Special District Local Laws Code § 3924.108 — TX Code / Code sd / Chapter 3924 / Section 3924.108
§ 3924.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
Status: in_force

The district may join and pay dues to a charitable or nonprofit organization that performs a service or provides an activity consistent with the furtherance of a district purpose.
Tex. Property Code § 114.062 — TX Code / Code pr / Chapter 114 / Section 114.062
§ 114.062. EXONERATION OR REIMBURSEMENT FOR TORT.
Status: in_force

(a) Except as provided in Subsection (b) of this section, a trustee who incurs personal liability for a tort committed in the administration of the trust is entitled to exoneration from the trust property if the trustee has not paid the claim or to reimbursement from the trust property if the trustee has paid the claim, if:

(1) the trustee was properly engaged in a business activity for the trust and the tort is a common incident of that kind of activity;

(2) the trustee was properly engaged in a business activity for the trust and neither the trustee nor an officer or employee of the trustee is guilty of actionable negligence or intentional misconduct in incurring the liability; or

(3) the tort increased the value of the trust property.

(b) A trustee who is entitled to exoneration or reimbursement under Subdivision (3) of Subsection (a) is entitled to exoneration or reimbursement only to the extent of the increase in the value of the trust property.
Tex. Special District Local Laws Code § 8027.0401 — TX Code / Code sd / Chapter 8027 / Section 8027.0401
§ 8027.0401. ELECTIONS REGARDING TAXES OR BONDS.
Status: in_force

(a) The district may issue, without an election, bonds and other obligations secured by:

(1) revenue other than ad valorem taxes; or

(2) contract payments described by Section 8027.0403.

(b) The district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.

(c) The district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose.