FrankGoortani/open-us-law huggingface dataset:
Tex. Estates Code § 1104.353 — TX Code / Code es / Chapter 1104 / Section 1104.353
§ 1104.353. NOTORIOUSLY BAD CONDUCT; PRESUMPTION CONCERNING BEST INTEREST.
Status: in_force

(a) A person may not be appointed guardian if the person's conduct is notoriously bad.

(b) It is presumed to be not in the best interests of a ward or incapacitated person to appoint as guardian of the ward or incapacitated person a person who has been finally convicted of:

(1) any sexual offense, including sexual assault, aggravated sexual assault, and prohibited sexual conduct;

(2) aggravated assault;

(3) injury to a child, elderly individual, or disabled individual;

(4) abandoning or endangering a child, elderly individual, or disabled individual;

(5) terroristic threat; or

(6) continuous violence against the family of the ward or incapacitated person.
Tex. Government Code § 815.319 — TX Code / Code gv / Chapter 815 / Section 815.319
§ 815.319. TRANSFER OF ASSETS ON RETIREMENT AND RESTORATION TO ACTIVE SERVICE.
Status: in_force

(a) When a member retires, the retirement system shall transfer:

(1) from the employees saving account to the retirement annuity reserve account, an amount equal to the member's accumulated contributions; and

(2) from the state accumulation account to the retirement annuity reserve account, an amount equal to the difference between the total reserve at present worth reserve value of the member's retirement annuity and the amount credited to the member's individual account as of the day of retirement.

(b) If a person who receives disability benefits has those benefits terminated under Section 814.210, the retirement system shall transfer the balance of the person's retirement reserve from the retirement annuity reserve account to the employees saving account and to the state accumulation account in proportion to the original amount transferred to the retirement annuity reserve account from those accounts.
Tex. Insurance Code § 4151.006 — TX Code / Code in / Chapter 4151 / Section 4151.006
§ 4151.006. RULES.
Status: in_force

The commissioner may adopt, in the manner prescribed by Subchapter A, Chapter 36, rules that are fair, reasonable, and appropriate to augment and implement this chapter, including rules establishing financial standards, reporting requirements, and required contract provisions.
Tex. Insurance Code § 1806.153 — TX Code / Code in / Chapter 1806 / Section 1806.153
§ 1806.153. UNJUST DISCRIMINATION; REBATES.
Status: in_force

(a) An insurer or an insurer's officer, director, agent, or other representative may not grant or contract for a special favor or advantage in:

(1) dividends or other profits to accrue on an insurance policy;

(2) commissions in the dividends or other profits to accrue on an insurance policy;

(3) commissions or division of commission; or

(4) a position, valuable consideration, or inducement not specified in an insurance policy.

(b) An insurer may not directly or indirectly give, sell, or purchase or offer to give, sell, or purchase as an inducement to insurance or in connection with insurance:

(1) stocks, bonds, or other securities of an insurer or other corporation, partnership, or individual;

(2) dividends or profits that have accrued or will accrue on stocks, bonds, or other securities of an insurer or other corporation, partnership, or individual; or

(3) anything of value not specified in the policy.

(c) An insurer or an insurer's officer, director, agent, or other representative that violates this section has engaged in unjust discrimination.
Tex. Finance Code § 156.503 — TX Code / Code fi / Chapter 156 / Section 156.503
§ 156.503. STATUTE OF LIMITATIONS.
Status: in_force

(a) An application for the recovery of actual damages from the recovery fund under Section 156.504 may not be filed after the fourth anniversary of the date of the alleged act or omission causing the actual damages or the date the act or omission should reasonably have been discovered.

(b) This section does not apply to a subrogation claim brought by the commissioner for recovery of money paid out of the recovery fund.
Tex. Special District Local Laws Code § 8050.0403 — TX Code / Code sd / Chapter 8050 / Section 8050.0403
§ 8050.0403. CONTRACT TAXES.
Status: in_force

(a) In accordance with Section 49.108, Water Code, the district may impose a tax other than an operation and maintenance tax and use the revenue derived from the tax to make payments under a contract after the provisions of the contract have been approved by a majority of the district voters voting at an election held for that purpose.

(b) A contract approved by the district voters may contain a provision stating that the contract may be modified or amended by the board without further voter approval.
Tex. Special District Local Laws Code § 8300.102 — TX Code / Code sd / Chapter 8300 / Section 8300.102
§ 8300.102. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES.
Status: in_force

The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.
Tex. Business & Commerce Code § 8.203 — TX Code / Code bc / Chapter 8 / Section 8.203
§ 8.203. STALENESS AS NOTICE OF DEFECT OR DEFENSE.
Status: in_force

After an act or event, other than a call that has been revoked, creating a right to immediate performance of the principal obligation represented by a certificated security or setting a date on or after which the security is to be presented or surrendered for redemption or exchange, a purchaser is charged with notice of any defect in its issue or defense of the issuer if the act or event:

(1) requires the payment of money, the delivery of a certificated security, the registration of transfer of an uncertificated security, or any of them on presentation or surrender of the security certificate, the money or security is available on the date set for payment or exchange, and the purchaser takes the security more than one year after that date; or

(2) is not covered by Subdivision (1) and the purchaser takes the security more than two years after the date set for surrender or presentation or the date on which performance became due.
Tex. Natural Resources Code § 51.070 — TX Code / Code nr / Chapter 51 / Section 51.070
§ 51.070. UNPAID PRINCIPAL ON PUBLIC SCHOOL LAND SALES.
Status: in_force

(a) Unpaid and delinquent principal on sales of public school land shall bear interest at a rate set by the board, which principal and interest shall be payable at the times and on such terms as are established by the board.

(b) No patent may be issued for any public school land until all principal, accrued interest, late charges, and other fees and expenses are paid in full.

(c) Any unpaid principal and interest is considered delinquent on the 30th day after the date payment of the principal and interest is due for the obligation.

(d) After the payment of principal and interest becomes delinquent under the obligation, notice of delinquency and subsequent potential forfeiture must be provided by certified mail, return receipt requested, to the last known address of the obligee and must be documented in the records of the land office.
Tex. Special District Local Laws Code § 8270.255 — TX Code / Code sd / Chapter 8270 / Section 8270.255
§ 8270.255. USE OF BOND PROCEEDS DURING CONSTRUCTION.
Status: in_force

(a) The district may appropriate or set aside out of the proceeds from the sale of any bonds issued under this subchapter an amount for the payment of interest, administrative, and operating expenses expected to accrue during a period of construction, as may be provided in the bond orders or resolutions.

(b) For purposes of this section, the period of construction may not exceed three years.
Tex. Special District Local Laws Code § 7207.051 — TX Code / Code sd / Chapter 7207 / Section 7207.051
§ 7207.051. COMPOSITION OF BOARD; TERMS.
Status: in_force

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

(b) Directors serve staggered terms of four years.
Tex. Occupations Code § 202.161 — TX Code / Code oc / Chapter 202 / Section 202.161
§ 202.161. POISON CONTROL CENTER INFORMATION.
Status: in_force

The department shall provide to license holders information regarding the services provided by poison control centers.
Tex. Occupations Code § 1953.151 — TX Code / Code oc / Chapter 1953 / Section 1953.151
§ 1953.151. EXAMINATION.
Status: in_force

(a) To obtain a certificate of registration under this chapter, an applicant must pass a written examination prescribed by the department that provides evidence satisfactory to the department that the applicant is qualified for registration under this chapter.

(b) An applicant for a certificate of registration may not take the examination unless the applicant pays the examination fee prescribed by the commission by rule.

(c) In evaluating an applicant's performance on the examination, the department shall carefully consider the applicant's knowledge and understanding of the principles of sanitation and the physical, biological, and social sciences.
Tex. Special District Local Laws Code § 3902.114 — TX Code / Code sd / Chapter 3902 / Section 3902.114
§ 3902.114. NO EMINENT DOMAIN POWER.
Status: in_force

The district may not exercise the power of eminent domain.
Tex. Insurance Code § 1363.004 — TX Code / Code in / Chapter 1363 / Section 1363.004
§ 1363.004. NOTICE OF COVERAGE.
Status: in_force

(a) A health benefit plan issuer shall provide to each individual enrolled in the plan written notice of the coverage required under this chapter.

(b) The notice must be provided in accordance with rules adopted by the commissioner.
Tex. Special District Local Laws Code § 8492.202 — TX Code / Code sd / Chapter 8492 / Section 8492.202
§ 8492.202. OPERATION AND MAINTENANCE TAX.
Status: in_force

(a) If authorized at an election held under Section 8492.201, 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. Special District Local Laws Code § 7969A.0306 — TX Code / Code sd / Chapter 7969A / Section 7969A.0306
§ 7969A.0306. DIVISION OF DISTRICT.
Status: in_force

(a) The district may be divided into two or more new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) This chapter applies to any new district created by the division of the district, and a new district has all the powers and duties of the district.

(c) Any new district created by the division of the district may not, at the time the new district is created, contain any land outside the area described by Section 2 of the Act enacting this chapter.

(d) The board, on its own motion or on receipt of a petition signed by the owner or owners of a majority of the assessed value of the real property in the district, may adopt an order dividing the district.

(e) The board may adopt an order dividing the district before or after the date the board holds an election under Section 7969A.0103 to confirm the district's creation.

(f) An order dividing the district shall:

(1) name each new district;

(2) include the metes and bounds description of the territory of each new district;

(3) appoint temporary directors for each new district; and

(4) provide for the division of assets and liabilities between or among the new districts.

(g) On or before the 30th day after the date of adoption of an order dividing the district, the district shall file the order with the commission and record the order in the real property records of each county in which the district is located.

(h) Any new district created by the division of the district shall hold a confirmation and directors' election as required by Section 7969A.0103. If the voters of a new district do not confirm the creation of the new district, the assets, obligations, territory, and governance of the new district revert to the original district.

(i) If the creation of the new district is confirmed, the new district shall provide the election date and results to the commission.

(j) Municipal consent to the creation of the district and to the inclusion of land in the district granted under Section 7969A.0104 acts as municipal consent to the creation of any new district created by the division of the district and to the inclusion of land in the new district.

(k) Any new district created by the division of the district must hold an election as required by this chapter to obtain voter approval before the district may impose a maintenance tax or issue bonds payable wholly or partly from ad valorem taxes.
Tex. Government Code § 544.0507 — TX Code / Code gv / Chapter 544 / Section 544.0507
§ 544.0507. APPEAL OF DETERMINATION TO RECOUP OVERPAYMENT OR DEBT.
Status: in_force

(a) A provider must request an appeal under this section not later than the 30th day after the date the provider is notified that the commission or the office of inspector general will seek to recover an overpayment or debt from the provider.

(b) On receipt of a timely written request by a provider who is the subject of a recoupment of overpayment or debt arising out of a fraud or abuse investigation, the office of inspector general shall file a docketing request with the State Office of Administrative Hearings or the commission's appeals division, as the provider requests, for an administrative hearing regarding the proposed recoupment amount and any associated damages or penalties. The office of inspector general shall file the docketing request not later than the 60th day after the date of the provider's request or not later than the 60th day after completing the informal resolution process, if applicable.

(c) The office of inspector general is responsible for the costs of an administrative hearing, but a provider is responsible for the provider's own costs incurred in preparing for the hearing.

(d) A provider who is the subject of a recoupment of overpayment or debt arising out of a fraud or abuse investigation may appeal a final administrative order issued after an administrative hearing by filing a petition for judicial review in a district court in Travis County.
Tex. Special District Local Laws Code § 1017.158 — TX Code / Code sd / Chapter 1017 / Section 1017.158
§ 1017.158. FINANCIAL REPORT.
Status: in_force

As soon as practicable after the close of the fiscal year, the district administrator shall prepare for the board:

(1) a sworn statement of the amount of district money; and

(2) an account of the disbursements of that money.
Tex. Special District Local Laws Code § 3938.107 — TX Code / Code sd / Chapter 3938 / Section 3938.107
§ 3938.107. LAW ENFORCEMENT SERVICES.
Status: in_force

To protect the public interest, the district may contract with a qualified party, including the county, to provide law enforcement services in the district for a fee.
Tex. Special District Local Laws Code § 8424.052 — TX Code / Code sd / Chapter 8424 / Section 8424.052
§ 8424.052. TEMPORARY DIRECTORS.
Status: in_force

(a) The temporary board consists of:

(1) Elizabeth D. Barnett;

(2) Phillip S. Froehlich;

(3) Jeff Holstein;

(4) Teresa Kelly; and

(5) Harry Peyton.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section 8424.003; 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 8424.003 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 8424.003; 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. Insurance Code § 4053.003 — TX Code / Code in / Chapter 4053 / Section 4053.003
§ 4053.003. INAPPLICABILITY OF CHAPTER.
Status: in_force

This chapter does not apply to:

(1) the transaction of the business of life, health, and accident insurance, including variable life insurance and variable annuity contracts;

(2) a full-time salaried employee of an insurer acting for and in connection with the insurance business of the insurer; or

(3) an adjuster or inspector of risks for an insurer.
Tex. Natural Resources Code § 116.072 — TX Code / Code nr / Chapter 116 / Section 116.072
§ 116.072. REGISTRATION.
Status: in_force

(a) Each motor vehicle that is equipped with a CNG or LNG cargo tank and each motor vehicle used principally to transport CNG or LNG in portable cylinders or containers must be registered with the commission as provided by commission rules.

(b) The commission may not impose a fee for registration under this section on a motor vehicle owned by a county.

(c) The commission by rule shall establish a reasonable, nonrefundable annual registration and transfer fee for each CNG or LNG cargo trailer, semitrailer, bobtail, and cylinder-delivery unit registered or transferred as follows:

(1) the annual registration fee established by the commission shall not be less than $100 nor more than $500; and

(2) the annual transfer fee established by the commission shall not be less than $25 nor more than $100.
Tex. Civil Practice and Remedies Code § 33.013 — TX Code / Code cp / Chapter 33 / Section 33.013
§ 33.013. AMOUNT OF LIABILITY.
Status: repealed

(a) Except as provided in Subsection (b), a liable defendant is liable to a claimant only for the percentage of the damages found by the trier of fact equal to that defendant's percentage of responsibility with respect to the personal injury, property damage, death, or other harm for which the damages are allowed.

(b) Notwithstanding Subsection (a), each liable defendant is, in addition to the defendant's liability under Subsection (a), jointly and severally liable for the damages recoverable by the claimant under Section 33.012 with respect to a cause of action if:

(1) the percentage of responsibility attributed to the defendant with respect to a cause of action is greater than 50 percent; or

(2) the defendant, with the specific intent to do harm to others, acted in concert with another person to engage in the conduct described in the following provisions of the Penal Code and in so doing proximately caused the damages legally recoverable by the claimant:

(A) Section 19.02 (murder);

(B) Section 19.03 (capital murder);

(C) Section 20.04 (aggravated kidnapping);

(D) Section 22.02 (aggravated assault);

(E) Section 22.011 (sexual assault);

(F) Section 22.021 (aggravated sexual assault);

(G) Section 22.04 (injury to a child, elderly individual, or disabled individual);

(H) Section 32.21 (forgery);

(I) Section 32.43 (commercial bribery);

(J) Section 32.45 (misapplication of fiduciary property or property of financial institution);

(K) Section 32.46 (fraudulent securing of document execution);

(L) Section 32.47 (fraudulent destruction, removal, or concealment of writing);

(M) conduct described in Chapter 31 the punishment level for which is a felony of the third degree or higher; or

(N) Section 21.02 (continuous sexual abuse of young child or disabled individual).

(c) Repealed by Acts 2003, 78th Leg., ch. 204, Sec. 4.10(5).

(d) This section does not create a cause of action.

(e) Notwithstanding anything to the contrary stated in the provisions of the Penal Code listed in Subsection (b)(2), that subsection applies only if the claimant proves the defendant acted or failed to act with specific intent to do harm. A defendant acts with specific intent to do harm with respect to the nature of the defendant's conduct and the result of the person's conduct when it is the person's conscious effort or desire to engage in the conduct for the purpose of doing substantial harm to others.

(f) The jury may not be made aware through voir dire, introduction into evidence, instruction, or any other means that the conduct to which Subsection (b)(2) refers is defined by the Penal Code.
Tex. Special District Local Laws Code § 7983A.0402 — TX Code / Code sd / Chapter 7983A / Section 7983A.0402
§ 7983A.0402. TAXES FOR BONDS.
Status: in_force

At the time the district issues bonds payable wholly or partly from ad valorem taxes, the board shall provide for the annual imposition of a continuing direct ad valorem tax, without limit as to rate or amount, while all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.
Tex. Special District Local Laws Code § 1025.051 — TX Code / Code sd / Chapter 1025 / Section 1025.051
§ 1025.051. BOARD ELECTION; TERM.
Status: in_force

The district is governed by a board of seven directors elected at large by place for staggered three-year terms. A director's election shall be held each year on the May uniform election date prescribed by Section 41.001, Election Code.
Tex. Government Code § 81.112 — TX Code / Code gv / Chapter 81 / Section 81.112
§ 81.112. FEE DISPUTE RESOLUTION PROCEDURE.
Status: in_force

The state bar shall establish a standard fee dispute resolution procedure that may be used by a bar committee or other organization as a model for a fee dispute resolution program.
Tex. Special District Local Laws Code § 3880.251 — TX Code / Code sd / Chapter 3880 / Section 3880.251
§ 3880.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR DESIGNATED PROPERTY.
Status: in_force

The district may define areas or designate certain property of the district to pay for improvements, facilities, or services that primarily benefit that area or property and do not generally and directly benefit the district as a whole.
Tex. Agriculture Code § 50C.001 — TX Code / Code ag / Chapter 50C / Section 50C.001
§ 50C.001. DEFINITION.
Status: in_force

In this chapter, "board" means the Texas Organic Agricultural Industry Advisory Board.
Tex. Special District Local Laws Code § 1073.201 — TX Code / Code sd / Chapter 1073 / Section 1073.201
§ 1073.201. GENERAL OBLIGATION BONDS.
Status: in_force

The board may issue general obligation bonds in the name and on the faith and credit of the district to:

(1) purchase, construct, acquire, repair, or renovate buildings or improvements;

(2) equip buildings or improvements for hospital purposes; or

(3) acquire and operate a mobile emergency medical or air ambulance service.
Tex. Occupations Code § 301.410 — TX Code / Code oc / Chapter 301 / Section 301.410
§ 301.410. REPORT REGARDING IMPAIRMENT BY CHEMICAL DEPENDENCY, MENTAL ILLNESS, OR DIMINISHED MENTAL CAPACITY.
Status: in_force

(a) A person who is required to report a nurse under this subchapter because the nurse is impaired or suspected of being impaired by chemical dependency or mental illness may report to a peer assistance program approved by the board under Chapter 467, Health and Safety Code, instead of reporting to the board or requesting review by a nursing peer review committee.

(b) A person who is required to report a nurse under this subchapter because the nurse is impaired or suspected of being impaired by chemical dependency or diminished mental capacity must report to the board if the person believes that an impaired nurse committed a practice violation.