FrankGoortani/open-us-law huggingface dataset:
Tex. Estates Code § 1104.103 — TX Code / Code es / Chapter 1104 / Section 1104.103
§ 1104.103. DESIGNATION OF GUARDIAN BY WILL OR WRITTEN DECLARATION.
Status: repealed

(a) The surviving parent of an adult individual who is an incapacitated person may, if the parent is the guardian of the person or estate of the adult individual, by will or written declaration appoint an eligible person to serve as guardian of the person or estate, as applicable, of the adult individual:

(1) after the parent dies;

(2) in the event the parent resigns as guardian of the person or estate; or

(3) in the event of the parent's incapacity.

(a-1) If the surviving parent is both the guardian of the person and estate of the adult individual, the surviving parent may by will or written declaration appoint different eligible persons to serve as guardian of the person and guardian of the estate.

(b) After the surviving parent dies or resigns as guardian, or if the court finds the surviving parent has become an incapacitated person after being appointed the adult individual's guardian, the court shall appoint the person or persons designated in the will or declaration to serve as guardian of the person, guardian of the estate, or both, in preference to any other person otherwise entitled to serve as guardian under this title, unless the court finds that the person designated to serve as guardian:

(1) is disqualified;

(2) is deceased;

(3) refuses to serve; or

(4) would not serve the adult individual's best interests.

(c) Repealed by Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 31, eff. September 1, 2023.
Tex. Health and Safety Code § 62.154 — TX Code / Code hs / Chapter 62 / Section 62.154
§ 62.154. WAITING PERIOD; CROWD OUT.
Status: in_force

(a) To the extent permitted under Title XXI of the Social Security Act (42 U.S.C. Section 1397aa et seq.), as amended, and any other applicable law or regulations, the child health plan must include a waiting period and may include copayments and other provisions intended to discourage:

(1) employers and other persons from electing to discontinue offering coverage for children under employee or other group health benefit plans; and

(2) individuals with access to adequate health benefit plan coverage, other than coverage under the child health plan, from electing not to obtain or to discontinue that coverage for a child.

(b) A child is not subject to a waiting period adopted under Subsection (a) if:

(1) the family lost coverage for the child as a result of:

(A) termination of employment because of a layoff or business closing;

(B) termination of continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (Pub. L. No. 99-272);

(C) change in marital status of a parent of the child;

(D) termination of the child's Medicaid eligibility because:

(i) the child's family's earnings or resources increased; or

(ii) the child reached an age at which Medicaid coverage is not available; or

(E) a similar circumstance resulting in the involuntary loss of coverage;

(2) the family terminated health benefits plan coverage for the child because the cost to the child's family for the coverage exceeded 9.5 percent of the family's household income;

(3) the child has access to group-based health benefits plan coverage and is required to participate in the health insurance premium payment reimbursement program administered by the commission;

(4) the commission has determined that other grounds exist for a good cause exception; or

(5) federal law provides that the child is not subject to a waiting period adopted under Subsection (a).

(c) A child described by Subsection (b) may enroll in the child health plan program at any time, without regard to any open enrollment period established under the enrollment procedures.

(d) The waiting period required by Subsection (a) must:

(1) extend for a period of 90 days after the last date on which the applicant was covered under a health benefits plan; and

(2) apply to a child who was covered by a health benefits plan at any time during the 90 days before the date of application for coverage under the child health plan.
Tex. Health and Safety Code § 767.004 — TX Code / Code hs / Chapter 767 / Section 767.004
§ 767.004. GROUP HOME CONSULTANT REFERRALS; CRIMINAL PENALTY.
Status: in_force

(a) In this section, "group home consultant" means a person with knowledge of group homes who:

(1) refers potential residents of a group home to specific group homes; and

(2) collects compensation for the referral.

(b) Except as provided by Subsection (c) and subject to Subsection (d), a group home consultant may not refer a potential resident to a group home operated by a person who does not hold a license or permit for the group home issued in accordance with applicable state laws or local regulations.

(c) Subject to Subsection (d), a group home consultant may refer a potential resident to an unlicensed or unpermitted group home only if:

(1) no group home is licensed or permitted to operate in the geographic region where the potential resident desires to reside; or

(2) the potential resident or potential resident's family cannot afford the cost of residing in a licensed or permitted group home referred by the group home consultant in the region where the potential resident desires to reside.

(d) Before referring a potential resident to an unlicensed or unpermitted group home, a group home consultant must inform the potential resident of any complaints against the group home of which the consultant has actual knowledge.

(e) A group home consultant who violates this section commits an offense. An offense under this section is a Class B misdemeanor.
Tex. Parks and Wildlife Code § 22.036 — TX Code / Code pw / Chapter 22 / Section 22.036
§ 22.036. PAYMENT OF INTEREST AND EXPENSES.
Status: in_force

The department may set aside amounts from the proceeds of the sale of a bond issue for:

(1) the payment of interest anticipated to accrue during the construction period;

(2) a deposit into the reserve for the interest and sinking fund to the extent prescribed in the authorizing proceedings; and

(3) payment of attorney's fees, engineer's fees, and expenses of the issuance and sale of bonds, including the fees of fiscal agents or financial advisors.
Tex. Human Resources Code § 32.0265 — TX Code / Code hr / Chapter 32 / Section 32.0265
§ 32.0265. NOTICE OF CERTAIN PLACEMENTS IN JUVENILE FACILITIES.
Status: in_force

(a) In this section:

(1) "Custodian" and "guardian" have the meanings assigned by Section 51.02, Family Code.

(2) "Juvenile facility" has the meaning assigned by Section 32.0264.

(b) A juvenile facility may notify the commission on the placement in the facility of a child who is receiving medical assistance benefits.

(c) If a juvenile facility chooses to provide the notice described by Subsection (b), the facility shall provide the notice electronically or by other appropriate means as soon as possible, but not later than the 30th day, after the date of the child's placement.

(d) A juvenile facility may notify the commission of the release of a child who, immediately before the child's placement in the facility, was receiving medical assistance benefits.

(e) If a juvenile facility chooses to provide the notice described by Subsection (d), the facility shall provide the notice electronically or by other appropriate means not later than 48 hours after the child's release from the facility.

(f) If a juvenile facility chooses to provide the notice described by Subsection (d), at the time of the child's release, the facility shall provide the child's guardian or custodian, as appropriate, with a written copy of the notice and a telephone number at which the commission may be contacted regarding confirmation of or assistance relating to reinstatement of the child's eligibility for medical assistance benefits.

(g) The commission shall establish a means by which a juvenile facility, or an employee of the facility, may determine whether a child placed in the facility is or was, as appropriate, receiving medical assistance benefits for purposes of this section.

(h) A juvenile facility, or an employee of the facility, is not liable in a civil action for damages resulting from a failure to comply with this section.
Tex. Code of Criminal Procedure § 42A.555 — TX Code / Code cr / Chapter 42A / Section 42A.555
§ 42A.555. CONFINEMENT AS A CONDITION OF COMMUNITY SUPERVISION.
Status: in_force

(a) A judge assessing punishment in a state jail felony case may impose as a condition of community supervision that a defendant submit at the beginning of the period of community supervision to a term of confinement in a state jail felony facility for a term of:

(1) not less than 90 days or more than 180 days; or

(2) not less than 90 days or more than one year, if the defendant is convicted of an offense punishable as a state jail felony under Section 481.112, 481.1121, 481.113, or 481.120, Health and Safety Code.

(b) A judge may not require a defendant to submit to both the term of confinement authorized by this article and a term of confinement under Subchapter C or Article 42A.302.
Tex. Special District Local Laws Code § 1052.204 — TX Code / Code sd / Chapter 1052 / Section 1052.204
§ 1052.204. REVENUE BONDS.
Status: in_force

(a) The board may, without an election, issue revenue bonds to:

(1) purchase, construct, acquire, repair, renovate, or equip buildings or improvements for hospital purposes; or

(2) acquire sites to be used for hospital purposes.

(b) The bonds must be payable from and secured by a pledge of all or part of the revenue derived from the operation of the district's hospitals.

(c) The bonds may be additionally secured by a mortgage or deed of trust lien on all or part of district property.

(d) The bonds must be issued in the manner and in accordance with the procedures and requirements prescribed by Sections 264.042, 264.043, and 264.046-264.049, Health and Safety Code, for issuance of revenue bonds by a county hospital authority.
Tex. Transportation Code § 54.106 — TX Code / Code tn / Chapter 54 / Section 54.106
§ 54.106. MATURITY OF OBLIGATION.
Status: in_force

An obligation issued under this chapter must mature not later than 40 years after its date.
Tex. Government Code § 477.0052 — TX Code / Code gv / Chapter 477 / Section 477.0052
§ 477.0052. TIME FOR DETERMINATION.
Status: in_force

The office shall determine the incremental increase in tax receipts under Section 477.0051 after the first occurrence of a measurable economic impact in this state resulting from the preparation for the games, as determined by the office, but not later than one year before the scheduled opening event of the games.
Tex. Family Code § 231.005 — TX Code / Code fa / Chapter 231 / Section 231.005
§ 231.005. BIENNIAL REPORT REQUIRED.
Status: in_force

(a) The Title IV-D agency shall report to the legislature each biennium on:

(1) the effectiveness of the agency's child support enforcement activity in reducing the state's public assistance obligations; and

(2) the use and effectiveness of all enforcement tools authorized by state or federal law or otherwise available to the agency.

(b) The agency shall develop a method for estimating the costs and benefits of the child support enforcement program and the effect of the program on appropriations for public assistance.
Tex. Penal Code § 12.48 — TX Code / Code pe / Chapter 12 / Section 12.48
§ 12.48. CERTAIN OFFENSES RESULTING IN LOSS TO NURSING AND CONVALESCENT HOMES.
Status: in_force

If it is shown on the trial of an offense under Chapter 31 or 32 that, as a result of a loss incurred because of the conduct charged, a trustee was appointed and emergency assistance funds, other than funds used to pay the expenses of the trustee, were used for a nursing or convalescent home under Subchapter D, Chapter 242, Health and Safety Code, the punishment for the offense is increased to the punishment prescribed for the next higher category of offense except that a felony of the first degree is punished as a felony of the first degree.
Tex. Alcoholic Beverage Code § 103.22 — TX Code / Code al / Chapter 103 / Section 103.22
§ 103.22. COSTS OF FORFEITURE SUITS.
Status: in_force

The commission is entitled to recover from the proceeds of a forfeiture sale all costs of a forfeiture suit brought under this chapter, including:

(1) all usual court costs, including the cost of serving process;

(2) expenses of the forfeiture sale; and

(3) reasonable attorney's fees.
Tex. Special District Local Laws Code § 3950.252 — TX Code / Code sd / Chapter 3950 / Section 3950.252
§ 3950.252. PROPERTY TAX AUTHORIZED.
Status: in_force

(a) The district may impose an ad valorem tax on all taxable property in the district to:

(1) pay for an improvement project of the types authorized by Section 52(b), Article III, and Section 59, Article XVI, Texas Constitution; or

(2) secure the payment of bonds issued for a purpose described by Subdivision (1).

(b) The district may not impose an ad valorem tax to pay for an improvement project under this chapter unless:

(1) a written petition has been filed with the board requesting an election to approve the imposition of the tax signed by the owners of at least 60 percent of the assessed value of the property in the district as determined from the most recent certified county property tax rolls; and

(2) the imposition of the tax is approved by the voters of the district voting at the requested election.

(c) The district may not impose an ad valorem tax on a residential property, including a multiunit residential property or a condominium.
Tex. Government Code § 2175.305 — TX Code / Code gv / Chapter 2175 / Section 2175.305
§ 2175.305. EXCEPTION FOR SECRETARY OF STATE.
Status: in_force

This chapter does not apply to the disposition of surplus computer equipment by the secretary of state. The secretary of state shall give preference to transferring the property to counties for the purpose of improving voter registration technology and complying with Section 18.063, Election Code.
Tex. Special District Local Laws Code § 1094.104 — TX Code / Code sd / Chapter 1094 / Section 1094.104
§ 1094.104. HOSPITAL SYSTEM.
Status: in_force

(a) The district has the responsibility to establish a hospital or hospital system within its boundaries to provide hospital and medical care to the district's residents.

(b) The district shall provide for:

(1) the establishment of a hospital system by:

(A) purchasing, constructing, acquiring, repairing, or renovating buildings and equipment; and

(B) equipping the buildings; and

(2) the administration of the hospital system for hospital and medical care purposes.

(c) The hospital system may include:

(1) facilities for domiciliary care of the sick, injured, or geriatric;

(2) facilities for outpatient clinics;

(3) dispensaries;

(4) convalescent home facilities;

(5) necessary nurses domiciliaries and training centers;

(6) blood banks;

(7) community mental health centers;

(8) research centers or laboratories; and

(9) any other facilities the board considers necessary for medical and hospital care.
Tex. Water Code § 26.356 — TX Code / Code wa / Chapter 26 / Section 26.356
§ 26.356. INSPECTIONS, MONITORING, AND TESTING.
Status: in_force

(a) For the purposes of developing or assisting in the development of a regulation, conducting a study, or enforcing this subchapter, an owner or operator of an underground or aboveground storage tank, on the request of the commission, shall:

(1) furnish information relating to the tank, including tank equipment and contents; and

(2) permit a designated agent or employee of the commission at all reasonable times to have access to and to copy all records relating to the tank.

(b) For the purposes of developing or assisting in the development of a regulation, conducting a study, or enforcing this subchapter, the commission, its designated agent, or employee may:

(1) enter at reasonable times an establishment or place in which an underground or aboveground storage tank is located;

(2) inspect and obtain samples of a regulated substance contained in the tank from any person; and

(3) conduct monitoring or testing of the tank, associated equipment, contents, or surrounding soils, air, surface water, or groundwater.

(c) The commission may order an owner or an operator of an underground or aboveground storage tank to conduct monitoring and testing if the commission finds that there is reasonable cause to believe that a release has occurred in the area in which the underground or aboveground storage tank is located.

(d) Each inspection made under this section must be begun and completed with reasonable promptness. Before a designated agent or employee of the commission enters private property to carry out a function authorized under this section, the agent or employee must give reasonable notice and exhibit proper identification to the manager or owner of the property or to another appropriate person, as provided by commission rule. The commission's designated agent or employee must observe the regulations of the establishment being inspected, including regulations regarding safety, internal security, and fire protection.
Tex. Special District Local Laws Code § 3815.103 — TX Code / Code sd / Chapter 3815 / Section 3815.103
§ 3815.103. CONTRACTS; GRANTS; DONATIONS.
Status: in_force

(a) To protect the public interest, the district may contract with Harris County or the City of Houston for the county or city to provide law enforcement services in the district for a fee.

(b) Harris County, the City of Houston, or another political subdivision of this state, without further authorization, may contract with the district to implement a project of the district or assist the district in providing a service authorized under this chapter. A contract under this subsection may:

(1) be for a period on which the parties agree;

(2) include terms on which the parties agree;

(3) be payable from taxes or any other source of revenue that may be available for that project or service; or

(4) provide terms under which taxes or other revenue collected at a district project or from a person using or purchasing a commodity or service at a district project may be paid or rebated to the district.

(c) The district may enter into a contract, lease, or other agreement with or make or accept a grant or loan to or from, or accept donations from, any person, including:

(1) the United States;

(2) this state or a state agency;

(3) any political subdivision of this state; or

(4) a public or private corporation, including a nonprofit corporation created by the board under this subchapter.

(d) The district may perform all acts necessary for the full exercise of the powers vested in the district on terms and for the period the board determines advisable.

(e) The implementation of a project is a governmental function or service for purposes of Chapter 791, Government Code.
Tex. Special District Local Laws Code § 3948.054 — TX Code / Code sd / Chapter 3948 / Section 3948.054
§ 3948.054. QUORUM.
Status: in_force

For purposes of determining the requirements for a quorum of the board, the following are not counted:

(1) a board position vacant for any reason, including death, resignation, or disqualification;

(2) a director who is abstaining from participation in a vote because of a conflict of interest; or

(3) a nonvoting director.
Tex. Property Code § 74.308 — TX Code / Code pr / Chapter 74 / Section 74.308
§ 74.308. PERIOD OF LIMITATION NOT A BAR.
Status: in_force

The expiration, on or after September 1, 1987, of any period specified by contract, statute, or court order, during which an action or proceeding may be initiated or enforced to obtain payment of a claim for money or recovery of property, does not prevent the money or property from being presumed abandoned property and does not affect any duty to file a report required by this chapter or to pay or deliver abandoned property to the comptroller.
Tex. Agriculture Code § 74.111 — TX Code / Code ag / Chapter 74 / Section 74.111
§ 74.111. BOARD MEMBER COMPENSATION.
Status: in_force

Board members serve without compensation but are entitled to reimbursement for reasonable and necessary expenses incurred in the discharge of their duties.
Tex. Water Code § 26.023 — TX Code / Code wa / Chapter 26 / Section 26.023
§ 26.023. WATER QUALITY STANDARDS.
Status: in_force

The commission by rule shall set water quality standards for the water in the state and may amend the standards from time to time. The commission has the sole and exclusive authority to set water quality standards for all water in the state. The commission shall consider the existence and effects of nonpoint source pollution, toxic materials, and nutrient loading in developing water quality standards and related waste load models for water quality. The commission shall develop standards based on all quality assured data obtained by the commission, including the local watershed and river basin database described by Section 26.0135(c)(2). In this section, "quality assured data" has the meaning assigned by Section 26.0135(i).
Tex. Insurance Code § 4005.105 — TX Code / Code in / Chapter 4005 / Section 4005.105
§ 4005.105. APPLICATION FOR LICENSE AFTER DENIAL OF APPLICATION OR REVOCATION OF LICENSE.
Status: in_force

(a) This section does not apply to a person who holds a license or certificate of authority issued under Title 11.

(b) An individual whose license application has been denied or whose license has been revoked under this subchapter may not apply for an agent license before the fifth anniversary of:

(1) the effective date of the denial or revocation; or

(2) the date of a final court order affirming the denial or revocation if judicial review was sought.

(c) A license application filed after the time required by Subsection (b) may be denied by the commissioner if the applicant fails to show good cause why the denial or revocation should not be a bar to the issuance of a new license.

(d) Subsections (b) and (c) do not apply to an applicant whose license application was denied or revoked for failure by the applicant to:

(1) pass a required written examination;

(2) complete continuing education or pay an applicable fine under Section 4004.055(a); or

(3) submit a properly completed license application.