FrankGoortani/open-us-law huggingface dataset:
Tex. Natural Resources Code § 111.0194 — TX Code / Code nr / Chapter 111 / Section 111.0194
§ 111.0194. PIPELINE EASEMENTS.
Status: in_force

(a) Unless the terms of the grant or the condemnation judgment expressly provide otherwise, or the easement rights otherwise prescriptively owned through actual use are greater, an easement created through grant or through the power of eminent domain for the benefit of a single common carrier pipeline for which the power of eminent domain is available under Section 111.019 of this code as of January 1, 1994, is presumed to create an easement in favor of the common carrier pipeline, or a successor in interest to the common carrier pipeline, that extends only a width of 50 feet as to each pipeline laid under the grant or judgment in eminent domain prior to January 1, 1994.

(b) The presumption in Subsection (a) of this section is not applicable to pipeline easements of a common carrier pipeline granted under the terms of an oil and gas lease or oil, gas, and mineral lease, or to any easement which authorizes the construction of gathering lines.

(c) The presumption set out in Subsection (a) of this section on the limitation of width may be rebutted by evidence on behalf of the common carrier pipeline that a greater width is reasonably needed for purposes of operation, construction of additional lines under the grant or judgment in an eminent domain proceeding, maintenance, repair, replacement, safety, surveillance, or as a buffer zone for protection of the safe operation of the common carrier pipeline, together with such other evidence as a court may deem relevant to establish the extent of an easement in excess of 50 feet in width.

(d) The presumption in Subsection (a) of this section shall apply separately as to each pipeline under a grant or judgment which allows more than one pipeline on the subservient estate.

(e) This section shall not be deemed to limit any rights of ingress to or egress from easements that may exist under the original grant, prescriptive rights, or common law.

(f) This section does not limit or otherwise affect the rights of parties engaged in litigation before January 1, 1994.
Tex. Special District Local Laws Code § 8486.003 — TX Code / Code sd / Chapter 8486 / Section 8486.003
§ 8486.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
Status: in_force

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

(b) All land and other property included in the boundaries of the district will benefit from the works and projects accomplished by the district under the powers conferred by Section 59, Article XVI, Texas Constitution.

(c) The creation of the district is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Tex. Special District Local Laws Code § 8855.053 — TX Code / Code sd / Chapter 8855 / Section 8855.053
§ 8855.053. VACANCIES.
Status: in_force

If a vacancy occurs on the board, the appointing county commissioners court for the vacant position shall appoint a person to fill the vacancy. Section 36.051(c), Water Code, does not apply to the district.
Tex. Transportation Code § 364.004 — TX Code / Code tn / Chapter 364 / Section 364.004
§ 364.004. AGREEMENTS RELATING TO TOLL BRIDGE.
Status: repealed

(a) A county may enter into and make payments under an agreement with a private entity or another governmental entity to acquire, construct, maintain, or operate a toll bridge, including an international toll bridge, and a private or governmental entity in this state may enter into an agreement with a county for that purpose.

(b) In connection with or in support of an agreement entered into under Subsection (a), the county may enter into a lease, an operating agreement, a service agreement, a license agreement, a franchise agreement, or a similar agreement with a private entity or another governmental entity.

(c) Repealed by Acts 2015, 84th Leg., R.S., Ch. 400 , Sec. 1, eff. June 10, 2015.
Tex. Occupations Code § 167.007 — TX Code / Code oc / Chapter 167 / Section 167.007
§ 167.007. OPERATION OF PROGRAM.
Status: in_force

(a) The program must include provisions for:

(1) continuing care, monitoring, and case management of potentially impairing health conditions, including provisions for cooperation with the evaluating or treating facility;

(2) ongoing monitoring for relapse, including random drug testing, consultations with other physician health and rehabilitation committees, work site monitors, and treating health professionals, including mental health professionals; and

(3) other physician and physician assistant health and rehabilitation programs to operate under an agreement with the program, using established guidelines to ensure uniformity and credibility of services throughout this state.

(b) The program must ensure appropriate communications with the board, the physician assistant board, other state licensing boards, and physician health and rehabilitation programs.

(c) The program shall use physicians or other health care professional experts or consultants, as appropriate, when necessary to evaluate, recommend solutions for, or resolve a medical dispute.
Tex. Business Organizations Code § 4.055 — TX Code / Code bo / Chapter 4 / Section 4.055
§ 4.055. STATEMENT OF EVENT OR FACT.
Status: in_force

An entity that files a filing instrument that takes effect on or after the occurrence of a future event or fact in accordance with Section 4.053(a)(2) must sign and file as provided by Subchapter A, not later than the 90th day after the date the filing instrument is filed, a statement that:

(1) confirms that each event or fact on which the effect of the instrument is conditioned has been satisfied or waived;

(2) states the date, or the date and time, on which the condition was satisfied or waived; and

(3) if the filing instrument was to take effect after the occurrence of a specified future event or fact, states the date, or the date and time, at which the filing instrument took effect.
Tex. Special District Local Laws Code § 8041.0202 — TX Code / Code sd / Chapter 8041 / Section 8041.0202
§ 8041.0202. TEMPORARY DIRECTORS.
Status: in_force

(a) On or after September 1, 2019, 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 8041.0103; or

(2) September 1, 2023.

(c) If permanent directors have not been elected under Section 8041.0103 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 8041.0103; 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. Labor Code § 21.125 — TX Code / Code la / Chapter 21 / Section 21.125
§ 21.125. CLARIFYING PROHIBITION AGAINST IMPERMISSIBLE CONSIDERATION OF RACE, COLOR, SEX, NATIONAL ORIGIN, RELIGION, AGE, OR DISABILITY IN EMPLOYMENT PRACTICES.
Status: in_force

(a) Except as otherwise provided by this chapter, an unlawful employment practice is established when the complainant demonstrates that race, color, sex, national origin, religion, age, or disability was a motivating factor for an employment practice, even if other factors also motivated the practice, unless race, color, sex, national origin, religion, age, or disability is combined with objective job-related factors to attain diversity in the employer's work force.

(b) In a complaint in which a complainant proves a violation under Subsection (a) and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court may grant declaratory relief, injunctive relief except as otherwise provided by this subsection, and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a complaint under Subsection (a), but may not award damages or issue an order requiring an admission, reinstatement, hiring, promotion, or back pay.
Tex. Special District Local Laws Code § 4008.0502 — TX Code / Code sd / Chapter 4008 / Section 4008.0502
§ 4008.0502. OPERATION AND MAINTENANCE TAX.
Status: in_force

(a) If authorized by a majority of the district voters voting at an election under or in accordance with Section 4008.0501, the district may impose an operation and maintenance tax on taxable property in the district in the manner provided by or in accordance with Section 49.107, Water Code, for any district purpose, including to:

(1) maintain and operate the district;

(2) construct or acquire improvements; or

(3) provide a service.

(b) The district may impose an operation and maintenance tax previously approved by a majority of the voters of the former Legacy Water Control and Improvement District.

(c) The board shall determine the operation and maintenance tax rate. The rate may not exceed:

(1) if the district has not held an election under Subsection (a), the rate approved at an election described by Subsection (b); or

(2) if the district has held an election under Subsection (a), the rate approved at that election.
Tex. Special District Local Laws Code § 7987.051 — TX Code / Code sd / Chapter 7987 / Section 7987.051
§ 7987.051. GOVERNING BODY; TERMS.
Status: in_force

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

(b) Except as provided by Section 7987.052, directors serve staggered four-year terms.
Tex. Special District Local Laws Code § 1112.060 — TX Code / Code sd / Chapter 1112 / Section 1112.060
§ 1112.060. DISTRICT ADMINISTRATOR; ASSISTANT ADMINISTRATOR.
Status: in_force

(a) The board shall appoint a qualified person as district administrator.

(b) The board may appoint an assistant administrator.

(c) The district administrator and any assistant administrator serve at the will of the board and shall receive the compensation determined by the board.

(d) On assuming the duties of district administrator, the administrator shall execute a bond payable to the district in an amount set by the board of not less than $10,000 that:

(1) is conditioned on the administrator performing the administrator's duties; and

(2) contains other conditions the board may require.
Tex. Special District Local Laws Code § 1071.102 — TX Code / Code sd / Chapter 1071 / Section 1071.102
§ 1071.102. RESTRICTION ON COUNTY OR MUNICIPALITY TAXATION.
Status: in_force

Ochiltree County or a municipality in Ochiltree County may not impose a tax for hospital purposes.
Tex. Health and Safety Code § 142.0065 — TX Code / Code hs / Chapter 142 / Section 142.0065
§ 142.0065. DISPLAY OF LICENSE.
Status: in_force

A license issued under this chapter shall be displayed in a conspicuous place in the designated place of business and must show:

(1) the name and address of the licensee;

(2) the name of the owner or owners, if different from the information provided under Subdivision (1);

(3) the license expiration date; and

(4) the types of services authorized to be provided under the license.
Tex. Water Code § 58.153 — TX Code / Code wa / Chapter 58 / Section 58.153
§ 58.153. CONTRACT WITH THE UNITED STATES.
Status: in_force

(a) The board may enter into a contract or other obligation with the United States for the investigation, construction, extension, operation, and maintenance of any federal reclamation project of benefit to the district and authorized under the National Reclamation Act of 1902, as amended.

(b) The board may contract to secure a district water supply from the federal reclamation project and to pay to the United States the agreed cost of it in the form of construction charges, operation and maintenance charges, and water rental charges, as shown by the contract and in accordance with the terms and conditions of the national reclamation law.
Tex. Tax Code § 152.048 — TX Code / Code tx / Chapter 152 / Section 152.048
§ 152.048. GROSS RECEIPTS PRESUMED SUBJECT TO TAX.
Status: in_force

(a) All gross receipts of a seller required to obtain a permit under Section 152.065 are presumed to be subject to the provisions of this code.

(b) The presumption provided by Subsection (a) does not apply to receipts:

(1) on which a tax imposed under other law is computed and paid to the comptroller; or

(2) for which a properly completed resale or exemption certificate is accepted by the seller.

(c) The seller may overcome the presumption under Subsection (a) by credible evidence that the receipts are not from a seller-financed sale or that the tax on those receipts has been sent to the comptroller.
Tex. Code of Criminal Procedure § 36.30 — TX Code / Code cr / Chapter 36 / Section 36.30
§ 36.30. DISCHARGING JURY IN MISDEMEANOR.
Status: in_force

If nine of the jury can be kept together in a misdemeanor case in the district court, they shall not be discharged. If more than three of the twelve are discharged, the entire jury shall be discharged.
Tex. Water Code § 11.123 — TX Code / Code wa / Chapter 11 / Section 11.123
§ 11.123. PERMIT PREFERENCES.
Status: in_force

The commission shall give preference to applications in the order declared in Section 11.024 of this code and to applications which will effectuate the maximum utilization of water and are calculated to prevent the escape of water without contribution to a beneficial public service.
Tex. Health and Safety Code § 775.154 — TX Code / Code hs / Chapter 775 / Section 775.154
§ 775.154. EXEMPTION FOR GOVERNMENTAL ENTITIES.
Status: in_force

This subchapter does not apply to hazardous materials owned or possessed by a governmental entity.
Tex. Special District Local Laws Code § 7901.0402 — TX Code / Code sd / Chapter 7901 / Section 7901.0402
§ 7901.0402. OPERATION AND MAINTENANCE TAX.
Status: in_force

(a) If authorized at an election held under Section 7901.0401, the district may impose an operation and maintenance tax on taxable property in the district in accordance with Section 49.107, Water Code.

(b) The board shall determine the tax rate. The rate may not exceed the rate approved at the election.
Tex. Local Government Code § 8.023 — TX Code / Code lg / Chapter 8 / Section 8.023
§ 8.023. ELECTION ORDER.
Status: in_force

If the mayor receives the petition, the mayor shall order an election on the question of the change to be held in the municipality.
Tex. Occupations Code § 351.055 — TX Code / Code oc / Chapter 351 / Section 351.055
§ 351.055. OFFICERS.
Status: in_force

(a) The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the pleasure of the governor.

(b) The board shall elect an assistant presiding officer and a secretary-treasurer every two years.
Tex. Agriculture Code § 164.043 — TX Code / Code ag / Chapter 164 / Section 164.043
§ 164.043. EFFECT OF QUARANTINE.
Status: in_force

If a county or area is quarantined under Section 164.041(b) of this code, all premises within the county or area and all cattle and sheep within the county or area are quarantined even though not separately designated.
Tex. Utilities Code § 32.003 — TX Code / Code ut / Chapter 32 / Section 32.003
§ 32.003. EXEMPT AREA JURISDICTION.
Status: in_force

Notwithstanding an election under Subchapter A, Chapter 33, by a municipality on the issue of surrendering its jurisdiction, the commission may:

(1) consider an electric utility's revenues and return on investment in an area exempt from commission regulation in establishing rates and charges in an area that is not exempt from commission regulation; and

(2) exercise necessary powers to give effect to an order under this title for the benefit of an area that is not exempt from commission regulation.
Tex. Health and Safety Code § 464.005 — TX Code / Code hs / Chapter 464 / Section 464.005
§ 464.005. LICENSE RENEWAL.
Status: in_force

(a) The department shall provide renewal application forms and information relating to renewal procedures to each license holder.

(b) The department may require an inspection before renewing a license, unless the applicant submits an accreditation review from the Commission on Accreditation of Rehabilitation Facilities, The Joint Commission, or another national accreditation organization recognized by the department in accordance with Section 464.0055.

(c) The executive commissioner may establish deadlines for receiving and acting on renewal applications.

(d) A license may be renewed without prior notice and an opportunity for a hearing. A person other than the applicant or the department may not contest the renewal of a license.
Tex. Utilities Code § 181.022 — TX Code / Code ut / Chapter 181 / Section 181.022
§ 181.022. AUTHORITY TO LAY AND MAINTAIN GAS FACILITY.
Status: in_force

A gas utility has the right to lay and maintain a gas facility through, under, along, across, or over a public highway, a public road, a public street or alley, or public water.
Tex. Water Code § 36.351 — TX Code / Code wa / Chapter 36 / Section 36.351
§ 36.351. CONSOLIDATION OF DISTRICTS.
Status: in_force

(a) Two or more districts may consolidate into one district. To initiate a consolidation, the board of a district shall adopt a resolution proposing a consolidation and deliver a copy of the resolution to the board of each district with which consolidation is proposed.

(b) Adjacent districts may consolidate portions of either district if one district relinquishes land within that district to the jurisdiction of the other district.

(c) A consolidation under this subchapter occurs if the board of each involved district adopts a resolution containing the terms and conditions of the consolidation.
Tex. Election Code § 253.134 — TX Code / Code el / Chapter 253 / Section 253.134
§ 253.134. CIVIL PENALTIES IMPOSED BY COMMISSION.
Status: in_force

This title does not prohibit the imposition of civil penalties by the commission in addition to criminal penalties or other sanctions imposed by law.
Tex. Government Code § 532.0455 — TX Code / Code gv / Chapter 532 / Section 532.0455
§ 532.0455. DURABLE MEDICAL EQUIPMENT REUSE PROGRAM.
Status: in_force

(a) In this section:

(1) "Complex rehabilitation technology equipment":

(A) means equipment that is:

(i) classified as durable medical equipment under the Medicare program on January 1, 2013;

(ii) configured specifically for an individual to meet the individual's unique medical, physical, and functional needs and capabilities for basic and instrumental daily living activities; and

(iii) medically necessary to prevent the individual's hospitalization or institutionalization; and

(B) includes a complex rehabilitation power wheelchair, highly configurable manual wheelchair, adaptive seating and positioning system, standing frame, and gait trainer.

(2) "Durable medical equipment" means equipment, including repair and replacement parts for the equipment, but excluding complex rehabilitation technology equipment, that:

(A) can withstand repeated use;

(B) is primarily and customarily used to serve a medical purpose;

(C) generally is not useful to an individual in the absence of illness or injury; and

(D) is appropriate and safe for use in the home.

(b) If the commission determines that it is cost-effective, the executive commissioner by rule shall establish a program to facilitate the reuse of durable medical equipment provided to recipients.

(c) The program must include provisions for ensuring that:

(1) reused equipment meets applicable standards of functionality and sanitation; and

(2) a recipient's participation in the reuse program is voluntary.

(d) The program does not:

(1) waive any immunity from liability of the commission or a commission employee; or

(2) create a cause of action against the commission or a commission employee arising from the provision of reused durable medical equipment under the program.
Tex. Water Code § 11.502 — TX Code / Code wa / Chapter 11 / Section 11.502
§ 11.502. DEFINITION.
Status: in_force

(1) The definition of the term "wetlands" within the State of Texas, for purposes of the Clean Water Act, 33 U.S.C. 1311, 1344; the Erodible Land and Wetland Conservation and Reserve Program, 16 U.S.C. 3801-3845; the Emergency Wetlands Resources Act of 1986, 16 U.S.C. 3901-3932; the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4370a, all statutory foundation for the Federal Wildlife Service's National Wetlands Inventory mapping, including the Water Bank Program for Wetlands Preservation, 16 U.S.C. 1301-1311; the Water Resources development project (wetland areas), 42 U.S.C. 1962d-5e; and the Migratory Bird Conservation Act, 16 U.S.C. 715-715r; and all Texas laws, rules, and regulations adopted pursuant to Chapter 2001, Government Code and interpretation and implementation of any kind whatsoever of both federal and state laws by agencies of the state, including any amendment or revision thereto, relating to wetlands, means an area (including a swamp, marsh, bog, prairie pothole, or similar area) having a predominance of hydric soils that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support and that under normal circumstances supports the growth and regeneration of hydrophytic vegetation.

(2) The term "hydric soil" means soil that, in its undrained condition, is saturated, flooded, or ponded long enough during a growing season to develop an anaerobic condition that supports the growth and regeneration of hydrophytic vegetation.

(3) The term "hydrophytic vegetation" means a plant growing in: water or a substrate that is at least periodically deficient in oxygen during a growing season as a result of excessive water content.

(4) The term "wetlands" does not include:

(A) irrigated acreage used as farmland;

(B) man-made wetlands of less than one acre; or

(C) man-made wetlands not constructed with wetland creation as a stated objective, including but not limited to impoundments made for the purpose of soil and water conservation which have been approved or requested by soil and water conservation districts.
Tex. Parks and Wildlife Code § 31.058 — TX Code / Code pw / Chapter 31 / Section 31.058
§ 31.058. RIGHTS OF PURCHASER OTHER THAN SECURED PARTY.
Status: in_force

(a) In this section, "buyer in ordinary course of business" has the meaning assigned by Section 1.201, Business & Commerce Code.

(b) A buyer in ordinary course of business has the protections afforded by Sections 2.403(b) and 9.320(a), Business & Commerce Code, regardless of whether:

(1) an existing certificate of title was signed and delivered to the buyer; or

(2) a new certificate of title listing the buyer as owner of record was issued.

(c) Except as provided by Sections 31.053 and 31.0582, the rights of a purchaser of a vessel or outboard motor that is not a buyer in ordinary course of business or a lien creditor are governed by the Business & Commerce Code.