FrankGoortani/open-us-law huggingface dataset:
Tex. Code of Criminal Procedure § 8 — TX Code / Code cr / Chapter 11 / Section 8
§ 8.
Status: in_force

Sec. 8. If the application is denied in whole or part, the applicant may appeal under Article 44.02 and Rule 31, Texas Rules of Appellate Procedure. If the application is granted in whole or part, the state may appeal under Article 44.01 and Rule 31, Texas Rules of Appellate Procedure.(a) Not later than the 20th day after the last date the state answers the application, the convicting court shall determine whether controverted, previously unresolved factual issues material to the legality of the applicant's confinement exist and shall issue a written order of the determination.

(b) If the convicting court determines the issues do not exist, the parties shall file proposed findings of fact and conclusions of law for the court to consider on or before a date set by the court that is not later than the 30th day after the date the order is issued.

(c) After argument of counsel, if requested by the court, the convicting court shall make appropriate written findings of fact and conclusions of law not later than the 15th day after the date the parties filed proposed findings or not later than the 45th day after the date the court's determination is made under Subsection (a), whichever occurs first.

(d) The clerk of the court shall immediately send to:

(1) the court of criminal appeals a copy of the:

(A) application;

(B) answer;

(C) orders entered by the convicting court;

(D) proposed findings of fact and conclusions of law; and

(E) findings of fact and conclusions of law entered by the court; and

(2) counsel for the applicant or, if the applicant is proceeding pro se, to the applicant, a copy of:

(A) orders entered by the convicting court;

(B) proposed findings of fact and conclusions of law; and

(C) findings of fact and conclusions of law entered by the court.
Tex. Alcoholic Beverage Code § 111.001 — TX Code / Code al / Chapter 111 / Section 111.001
§ 111.001. DEFINITIONS.
Status: in_force

In this chapter:

(1) "Permitted restaurant" means a restaurant that holds:

(A) a mixed beverage permit, a wine and malt beverage retailer's permit, or a private club registration permit; and

(B) a food and beverage certificate.

(2) "Wine collection seller" means a person who:

(A) is at least 21 years of age;

(B) does not hold a license or permit under this code; and

(C) is:

(i) an administrator, executor, receiver, or other fiduciary who receives and sells wine in execution of the person's fiduciary capacity;

(ii) a creditor who receives or takes possession of wine as security for, or in payment of, debt, in whole or in part;

(iii) a public officer or court official who levies on wine under order or process of any court or magistrate to sell the wine in satisfaction of the order or process; or

(iv) any other person who does not hold or have an interest in a permit or a license or in the business of a permit or license holder under this code and is not engaged in the business of selling alcoholic beverages.
Tex. Government Code § 2161.122 — TX Code / Code gv / Chapter 2161 / Section 2161.122
§ 2161.122. INFORMATION GATHERING BY STATE AGENCY.
Status: in_force

(a) To ensure accuracy in reporting, a state agency shall maintain and compile monthly information relating to the use by the agency and each of its operating divisions of historically underutilized businesses, including information regarding subcontractors and suppliers required by Subsection (b).

(b) A contractor or supplier awarded a contract by a state agency shall report to the agency the identity of each historically underutilized business to whom the contractor or supplier awarded a subcontract for the purchase of goods or services.

(c) Each state agency shall report to the comptroller in accordance with Section 2161.125 the following information with regard to the expenditure of both treasury and nontreasury funds:

(1) the total dollar amount of purchases and payments made under contracts awarded to historically underutilized businesses;

(2) the number of businesses participating in any issuance of state bonds by the agency;

(3) the number of contracts awarded to businesses with regard to the agency's acquisition, construction, or equipping of a facility or implementation of a program; and

(4) the number of bids, proposals, or other applicable expressions of interest made by historically underutilized businesses with regard to the agency's acquisition, construction, or equipping of a facility or implementation of a program.

(d) A state agency participating in a group purchasing program shall send to the comptroller in the agency's report under Section 2161.121 a separate list of purchases from historically underutilized businesses that are made through the group purchasing program, including the dollar amount of each purchase allocated to the reporting agency.

(e) A state agency's report is a record of the agency's purchases for which the agency selected the vendor. If the vendor was selected by the comptroller as part of its state contract program, the comptroller shall include the purchase in the comptroller's report of its own purchases unless the comptroller made a sole source purchase for the agency under Section 2155.067. The state agency for which the purchase was made shall report the selection of the vendor on its report as if the agency selected the vendor when the agency drew specifications for goods or services that are proprietary to one vendor.
Tex. Tax Code § 11.134 — TX Code / Code tx / Chapter 11 / Section 11.134
§ 11.134. RESIDENCE HOMESTEAD OF SURVIVING SPOUSE OF FIRST RESPONDER KILLED IN LINE OF DUTY.
Status: in_force

(a) In this section:

(1) "First responder" means an individual listed under Section 615.003, Government Code.

(2) "Residence homestead" has the meaning assigned by Section 11.13.

(3) "Surviving spouse" means the individual who was married to a first responder at the time of the first responder's death.

(b) The surviving spouse of a first responder who is killed or fatally injured in the line of duty is entitled to an exemption from taxation of the total appraised value of the surviving spouse's residence homestead if the surviving spouse:

(1) is an eligible survivor for purposes of Chapter 615, Government Code, as determined by the Employees Retirement System of Texas under that chapter; and

(2) has not remarried since the death of the first responder.

(c) The exemption provided by this section applies regardless of the date of the first responder's death if the surviving spouse otherwise meets the qualifications of this section.

(d) A surviving spouse who receives an exemption under Subsection (b) for a residence homestead is entitled to receive an exemption from taxation of a property that the surviving spouse subsequently qualifies as the surviving spouse's residence homestead in an amount equal to the dollar amount of the exemption from taxation of the first property for which the surviving spouse received the exemption under Subsection (b) in the last year in which the surviving spouse received that exemption if the surviving spouse has not remarried since the death of the first responder. The surviving spouse is entitled to receive from the chief appraiser of the appraisal district in which the first property for which the surviving spouse claimed the exemption was located a written certificate providing the information necessary to determine the amount of the exemption to which the surviving spouse is entitled on the subsequently qualified homestead.
Tex. Local Government Code § 143.038 — TX Code / Code lg / Chapter 143 / Section 143.038
§ 143.038. TEMPORARY DUTIES IN HIGHER CLASSIFICATION.
Status: in_force

(a) This section does not apply to a municipality with a population of 1.5 million or more.

(b) The department head may designate a person from the next lower classification to temporarily fill a position in a higher classification. The designated person is entitled to the base salary of the higher position plus the person's own longevity or seniority pay, educational incentive pay, and certification pay during the time the person performs the duties.

(c) The temporary performance of the duties of a higher position by a person who has not been promoted as prescribed by this chapter may not be construed as a promotion.
Tex. Water Code § 13.001 — TX Code / Code wa / Chapter 13 / Section 13.001
§ 13.001. LEGISLATIVE POLICY AND PURPOSE.
Status: in_force

(a) This chapter is adopted to protect the public interest inherent in the rates and services of retail public utilities.

(b) The legislature finds that:

(1) retail public utilities are by definition monopolies in the areas they serve;

(2) the normal forces of competition that operate to regulate prices in a free enterprise society do not operate for the reason stated in Subdivision (1) of this subsection; and

(3) retail public utility rates, operations, and services are regulated by public agencies, with the objective that this regulation will operate as a substitute for competition.

(c) The purpose of this chapter is to establish a comprehensive regulatory system that is adequate to the task of regulating retail public utilities to assure rates, operations, and services that are just and reasonable to the consumers and to the retail public utilities.
Tex. Government Code § 2155.506 — TX Code / Code gv / Chapter 2155 / Section 2155.506
§ 2155.506. REPORTING REQUIREMENTS.
Status: in_force

(a) A vendor listed on a contract for a schedule developed under this subchapter shall report its sales to the comptroller in the manner prescribed by the comptroller.

(b) The comptroller shall compile the information reported under Subsection (a) and include the information in its report under Section 2101.011.
Tex. Government Code § 1373.004 — TX Code / Code gv / Chapter 1373 / Section 1373.004
§ 1373.004. RELATIONSHIP TO OTHER LAW.
Status: in_force

(a) To the extent of any conflict or inconsistency between this chapter and another law or a municipal charter, this chapter controls.

(b) An issuer may use any provision of another law that does not conflict with this chapter to the extent convenient or necessary as determined by the issuer to carry out any power or authority, express or implied, granted by this chapter, without reference to any other laws or any restrictions or limitations contained in those laws.

(c) Chapter 1207 applies to the refunding of obligations issued or incurred under this chapter.
Tex. Business & Commerce Code § 622.057 — TX Code / Code bc / Chapter 622 / Section 622.057
§ 622.057. AIR CARRIER; AIRMAN ASSOCIATION.
Status: in_force

This chapter does not apply to:

(1) a company that is an air carrier subject to Title 49, United States Code; or

(2) a nonprofit association of airmen who are subject to that title.
Tex. Election Code § 253.1541 — TX Code / Code el / Chapter 253 / Section 253.1541
§ 253.1541. ACCEPTANCE OF POLITICAL CONTRIBUTIONS BY PERSON APPOINTED TO FILL VACANCY.
Status: in_force

(a) This section applies only to a person appointed to fill a vacancy in an office covered by this subchapter who, at the time of appointment, does not hold another office covered by this subchapter.

(b) Notwithstanding Section 253.153, a person to whom this section applies may accept political contributions beginning on the date the person assumes the duties of office and ending on the 60th day after that date.
Tex. Code of Criminal Procedure § 23.03 — TX Code / Code cr / Chapter 23 / Section 23.03
§ 23.03. CAPIAS OR SUMMONS IN FELONY.
Status: in_force

(a) A capias shall be issued by the district clerk upon each indictment for felony presented, after bail has been set or denied by the judge of the court. Upon the request of the attorney representing the State, a summons shall be issued by the district clerk. The capias or summons shall be delivered by the clerk or mailed to the sheriff of the county where the defendant resides or is to be found. A capias or summons need not issue for a defendant in custody or under bond.

(b) Upon the request of the attorney representing the State a summons instead of a capias shall issue. If a defendant fails to appear in response to the summons a capias shall issue.

(c) Summons. The summons shall be in the same form as the capias except that it shall summon the defendant to appear before the proper court at a stated time and place. The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendant's last known address.

(d) A summons issued to any person must clearly and prominently state in English and in Spanish the following:

"It is an offense for a person to intentionally influence or coerce a witness to testify falsely or to elude legal process. It is also a felony offense to harm or threaten to harm a witness or prospective witness in retaliation for or on account of the service of the person as a witness or to prevent or delay the person's service as a witness to a crime."
Tex. Health and Safety Code § 62.153 — TX Code / Code hs / Chapter 62 / Section 62.153
§ 62.153. COST SHARING.
Status: in_force

(a) To the extent permitted under 42 U.S.C. Section 1397cc, as amended, and any other applicable law or regulations, the executive commissioner shall require enrollees to share the cost of the child health plan, including provisions requiring enrollees under the child health plan to pay:

(1) a copayment for services provided under the plan;

(2) an enrollment fee; or

(3) a portion of the plan premium.

(b) Subject to Subsection (d), cost-sharing provisions adopted under this section shall ensure that families with higher levels of income are required to pay progressively higher percentages of the cost of the plan.

(c) If cost-sharing provisions imposed under Subsection (a) include requirements that enrollees pay a portion of the plan premium, the executive commissioner shall specify the manner in which the premium is paid. The commission may require that the premium be paid to the health plan provider.

(d) Cost-sharing provisions adopted under this section may be determined based on the maximum level authorized under federal law and applied to income levels in a manner that minimizes administrative costs.
Tex. Special District Local Laws Code § 8341.002 — TX Code / Code sd / Chapter 8341 / Section 8341.002
§ 8341.002. NATURE OF DISTRICT.
Status: in_force

The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.
Tex. Occupations Code § 901.552 — TX Code / Code oc / Chapter 901 / Section 901.552
§ 901.552. AMOUNT OF PENALTY.
Status: in_force

(a) The amount of an administrative penalty may not exceed $100,000 for each violation.

(b) In determining the amount of the penalty, the board shall consider:

(1) the seriousness of the violation, including:

(A) the nature, circumstances, extent, and gravity of any prohibited act; and

(B) the hazard or potential hazard to the public;

(2) the economic damage to property caused by the violation;

(3) the history of previous violations;

(4) the amount necessary to deter a future violation;

(5) efforts to correct the violation; and

(6) any other matter that justice may require.

(c) The board by rule shall adopt a schedule for purposes of this subchapter that prescribes ranges in the amounts of administrative penalties to be imposed for specified types of conduct and circumstances.
Tex. Alcoholic Beverage Code § 11.393 — TX Code / Code al / Chapter 11 / Section 11.393
§ 11.393. NOTICE BY MAIL.
Status: in_force

(a) Except as provided by Subsection (b), a person who submits an original application for a private club registration permit or a permit authorizing the retail sale of alcoholic beverages for on-premises consumption shall give written notice of the application to each residential address and established neighborhood association located within 300 feet of any property line of the premises for which the permit is sought.

(b) The notice required by Subsection (a) does not apply to an application that contains an application for a food and beverage certificate.

(c) The notice required by this section must be:

(1) delivered by mail at the applicant's expense;

(2) provided in English and a language other than English if it is likely that a substantial number of residents in the area speak a language other than English as their familiar language; and

(3) provided not earlier than the 14th day and not later than the 7th day before the date the application is filed.

(d) The applicant shall submit with an application for a permit described by Subsection (a) a list of each residential address provided notice under this section.

(e) The notice must be provided on a form prescribed by the commission and must contain:

(1) the type of permit and type of business for which the applicant has applied;

(2) the exact location of the place of business for which the permit is sought;

(3) the name of each owner of the business or, if the business is operated under an assumed name, the trade name and the name of each owner;

(4) if the applicant is a corporation, the name and title of each officer; and

(5) a description of the procedure for protesting the application.
Tex. Special District Local Laws Code § 8307.103 — TX Code / Code sd / Chapter 8307 / Section 8307.103
§ 8307.103. AUTHORITY FOR ROAD PROJECTS.
Status: in_force

Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, improve, operate, maintain, and convey to this state, a county, or a municipality for operation and maintenance macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.
Tex. Insurance Code § 841.407 — TX Code / Code in / Chapter 841 / Section 841.407
§ 841.407. OFFICERS AND DIRECTORS.
Status: in_force

The officers and directors of a company that organizes a limited purpose subsidiary life insurance company may serve as officers and directors of the limited purpose subsidiary life insurance company.
Tex. Government Code § 43.102 — TX Code / Code gv / Chapter 43 / Section 43.102
§ 43.102.
Status: in_force

Sec. 43.102. 2ND JUDICIAL DISTRICT. The voters of the 2nd Judicial District elect a district attorney.
Tex. Code of Criminal Procedure § 1.20 — TX Code / Code cr / Chapter 1 / Section 1.20
§ 1.20. CONVICTION OF TREASON.
Status: in_force

No person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or on confession in open court.
Tex. Special District Local Laws Code § 1035.151 — TX Code / Code sd / Chapter 1035 / Section 1035.151
§ 1035.151. EXPANSION OF TERRITORY; BOARD ORDER.
Status: in_force

(a) The board may order an election on the question of:

(1) expanding the district's boundaries to include all of the territory in DeWitt County that is not included in the Yoakum Hospital District;

(2) the assumption by the additional territory of a proportionate share of district debts; and

(3) the imposition of taxes in the territory to be added to the district.

(b) Subsequent elections may be held on the same issue.
Tex. Local Government Code § 147.0032 — TX Code / Code lg / Chapter 147 / Section 147.0032
§ 147.0032. CERTIFICATION ELECTION.
Status: in_force

(a) Except as provided by Subsection (b), a certification election ordered under Section 147.0031(a)(3) to determine whether the employee groups in the meet and confer team represent a majority of the covered police officers and a majority of the covered firefighters shall be conducted according to procedures agreeable to the parties.

(b) If the parties are unable to agree on procedures for the certification election, either party may request the American Arbitration Association to conduct the election and to certify the results of the election.

(c) Certification of the results of an election under this section resolves the question concerning representation.

(d) Each employee group in the meet and confer team is liable for the expenses of the certification election for the employees the group represents.
Tex. Government Code § 661.022 — TX Code / Code gv / Chapter 661 / Section 661.022
§ 661.022. GUIDELINES.
Status: in_force

(a) The governing body of a state agency shall, through the establishment of a program, allow an agency employee to voluntarily transfer sick or vacation leave earned by the employee to a family leave pool.

(b) The executive head of the state agency or another individual appointed by the governing body shall administer the family leave pool.

(c) The governing body of the state agency shall adopt rules and prescribe procedures relating to the operation of the agency family leave pool.
Tex. Labor Code § 313.005 — TX Code / Code la / Chapter 313 / Section 313.005
§ 313.005. MEMORANDUM OF UNDERSTANDING.
Status: in_force

The commission and the department shall adopt a memorandum of understanding regarding the administration and payment of costs of listing a relative child-care provider as required by this chapter.
Tex. Business Organizations Code § 153.410 — TX Code / Code bo / Chapter 153 / Section 153.410
§ 153.410. DISCONTINUANCE OR SETTLEMENT.
Status: in_force

(a) A derivative proceeding may not be discontinued or settled without court approval.

(b) The court shall direct that notice be given to the affected partners if the court determines that a proposed discontinuance or settlement may substantially affect the interests of other partners.
Tex. Government Code § 79.013 — TX Code / Code gv / Chapter 79 / Section 79.013
§ 79.013. EX OFFICIO MEMBERS.
Status: in_force

The ex officio members of the board are:

(1) the following six members of the council:

(A) the chief justice of the supreme court;

(B) the presiding judge of the court of criminal appeals;

(C) one of the members of the senate serving on the council who is designated by the lieutenant governor;

(D) the member of the house of representatives appointed by the speaker of the house;

(E) one of the courts of appeals justices serving on the council who is designated by the governor; and

(F) one of the county court or statutory county court judges serving on the council who is designated by the governor or, if a county court or statutory county court judge is not serving on the council, one of the statutory probate court judges serving on the council who is designated by the governor;

(2) one other member of the senate appointed by the lieutenant governor; and

(3) the chair of the House Criminal Jurisprudence Committee.
Tex. Insurance Code § 882.703 — TX Code / Code in / Chapter 882 / Section 882.703
§ 882.703. POLICY FORM; REVOCATION OF CERTIFICATE.
Status: in_force

The department shall revoke the certificate of authority of a mutual life insurance company that issues a policy on a form that has not been approved by the department as required by Section 882.453.