FrankGoortani/open-us-law huggingface dataset:
Tex. Business & Commerce Code § 20.04 — TX Code / Code bc / Chapter 20 / Section 20.04
§ 20.04. CHARGES FOR CERTAIN DISCLOSURES OR SERVICES.
Status: in_force

(a) Except as provided by Subsection (b), a consumer reporting agency may impose a reasonable charge on a consumer for the disclosure of information pertaining to the consumer or for placing a security freeze on a consumer file, temporarily lifting a security freeze for a designated period or for an identified requester, or removing a security freeze in accordance with this chapter. The amount of the charge for the disclosure of information pertaining to the consumer may not exceed $8. The amount of the charge for placing a security freeze on a consumer file, temporarily lifting a security freeze for a designated period, or removing a security freeze may not exceed $10 per request. The amount of the charge for temporarily lifting a security freeze for an identified requester may not exceed $12 per request. On January 1 of each year, a consumer reporting agency may increase the charge for disclosure to a consumer or for placing, temporarily lifting, or removing a security freeze. The increase, if any, must be based proportionally on changes to the Consumer Price Index for All Urban Consumers as determined by the United States Department of Labor with fractional changes rounded to the nearest 50 cents.

(b) A consumer reporting agency may not charge a fee for:

(1) a request by a consumer for a copy of the consumer's file:

(A) made not later than the 60th day after the date on which adverse action is taken against the consumer; or

(B) made on the expiration of a 45-day security alert;

(2) notification of the deletion of information that is found to be inaccurate or can no longer be verified sent to a person designated by the consumer, as prescribed by Section 611 of the Fair Credit Reporting Act (15 U.S.C. Section 1681i), as amended;

(3) a set of instructions for understanding the information presented on the consumer report;

(4) a toll-free telephone number that consumers may call to obtain additional assistance concerning the consumer report or to request a security alert;

(5) a request for a security alert made by a consumer; or

(6) the placement, temporary lifting, or removal of a security freeze at the request of a consumer who has submitted to the consumer reporting agency a copy of a valid police report, investigative report, or complaint involving the alleged commission of an offense under Section 32.51, Penal Code.
Tex. Government Code § 305.022 — TX Code / Code gv / Chapter 305 / Section 305.022
§ 305.022. CONTINGENT FEES.
Status: repealed

(a) A person may not retain or employ another person to influence legislation or administrative action for compensation that is totally or partially contingent on the passage or defeat of any legislation, the governor's approval or veto of any legislation, or the outcome of any administrative action.

(b) A person may not accept any employment or render any service to influence legislation or administrative action for compensation contingent on the passage or defeat of any legislation, the governor's approval or veto of any legislation, or the outcome of any administrative action.

(c) For purposes of this chapter:

(1) A sales commission payable to an employee of a vendor of a product or service is not considered compensation contingent on the outcome of administrative action if the amount of the state agency purchasing decision does not exceed 10 million dollars.

(2) A quarterly or annual compensation performance bonus payable to an employee of a vendor of a product or service is not considered compensation contingent on the outcome of administrative action.

(c-1) Repealed by Acts 2015, 84th Leg., R.S., Ch. 815 , Sec. 2, eff. September 1, 2015.

(c-2) For purposes of this chapter, a commission or fee paid to a person by a state agency is not considered compensation contingent on the outcome of an administrative action if the person paid a commission or a fee by a state agency:

(1) is a registrant who reports the state agency as a client under this chapter; and

(2) reports the full amount of the commission or fee in the manner required by commission rule.

(c-3) Repealed by Acts 2015, 84th Leg., R.S., Ch. 815 , Sec. 2, eff. September 1, 2015.

(d) This section does not prohibit the payment or acceptance of contingent fees:

(1) expressly authorized by other law; or

(2) for legal representation before state administrative agencies in contested hearings or similar adversarial proceedings prescribed by law or administrative rules.

(e) For purposes of this section, the term "employee" means a person employed full-time by an employer to perform services for compensation. The term does not include an independent contractor or consultant.

(f) The provisions of this chapter shall not be applicable to a transaction for the sale, lease, or services provided in connection with the sale or lease of any real properties or real properties interest owned or managed by the permanent school fund or General Land Office.
Tex. Special District Local Laws Code § 9502.0201 — TX Code / Code sd / Chapter 9502 / Section 9502.0201
§ 9502.0201. GOVERNING BODY; TERMS.
Status: in_force

(a) The district is initially governed by a board of 11 directors.

(b) The commissioners courts of Chambers County, Galveston County, Harris County, Jefferson County, and Orange County each shall appoint one director.

(c) The governor, with the advice and consent of the senate, shall appoint six directors as follows:

(1) two directors to represent Harris County, in addition to the member appointed by the commissioners court under Subsection (b);

(2) one director to represent a municipality in the district;

(3) one director to represent ports;

(4) one director to represent industry; and

(5) one director to represent environmental concerns.

(c-1) If the territory of a county is annexed to the district under Section 9502.0104(b):

(1) the commissioners court of the county shall appoint one additional director; and

(2) the governor, with the advice and consent of the senate, shall appoint one additional director as needed to ensure the board has an odd number of directors.

(d) In making the appointments required by Subsections (c) and (c-1), the governor shall ensure that residents of a single county do not make up a majority of the directors.

(e) The governor shall consult with:

(1) the commissioners court of Harris County in making the appointments required by Subsection (c)(1); and

(2) municipalities in the district in making the appointment required by Subsection (c)(2).

(f) Directors serve staggered four-year terms.

(g) When a director's term expires, the appointing entity shall appoint a successor.

(h) If a director's office becomes vacant by death, resignation, or removal, the appointing entity shall appoint a director to serve for the remainder of the unexpired term.

(i) The governor shall appoint a presiding officer from among the directors to serve in that position for two years. A director may serve as the presiding officer for not more than two consecutive terms.
Tex. Special District Local Laws Code § 8861.102 — TX Code / Code sd / Chapter 8861 / Section 8861.102
§ 8861.102. AUTHORITY OF DISTRICT TO REQUIRE PERMITS FOR CERTAIN WELLS.
Status: in_force

The district may require a permit for a well used for domestic purposes or to provide water for livestock, poultry, or wildlife if the well is:

(1) on a tract of land smaller than 100 acres;

(2) less than 500 feet deep; and

(3) drilled, completed, or equipped so that the well is capable of producing more than 9,000 gallons of groundwater per day.
Tex. Utilities Code § 161.070 — TX Code / Code ut / Chapter 161 / Section 161.070
§ 161.070. VOTING BY MEMBERS.
Status: in_force

Each member present at a meeting of the members is entitled to one vote on each matter submitted to a vote at the meeting. The bylaws may provide for voting by proxy or by mail.
Tex. Special District Local Laws Code § 1004.060 — TX Code / Code sd / Chapter 1004 / Section 1004.060
§ 1004.060. GENERAL DUTIES OF DISTRICT ADMINISTRATOR.
Status: in_force

Subject to the limitations prescribed by the board, the district administrator shall:

(1) supervise the work and activities of the district; and

(2) direct the general affairs of the district.
Tex. Government Code § 402.045 — TX Code / Code gv / Chapter 402 / Section 402.045
§ 402.045. LIMITATION.
Status: in_force

The attorney general may not give legal advice or a written opinion to a person other than a person named in this subchapter.
Tex. Insurance Code § 844.005 — TX Code / Code in / Chapter 844 / Section 844.005
§ 844.005. PROVISION OF CERTAIN SERVICES ON BEHALF OF HEALTH MAINTENANCE ORGANIZATIONS.
Status: in_force

(a) An approved nonprofit health corporation may arrange for or provide health care services on a risk-sharing or capitated risk arrangement on behalf of a health maintenance organization.

(b) An approved nonprofit health corporation is not required to obtain a certificate of authority under this chapter or under Chapter 843 to arrange for or provide health care services as provided by Subsection (a).
Tex. Special District Local Laws Code § 8804.052 — TX Code / Code sd / Chapter 8804 / Section 8804.052
§ 8804.052. ELIGIBILITY TO SERVE.
Status: in_force

(a) A person must own land in the single-member district from which the person is elected to serve as a director.

(b) A person may not serve as a director if the person holds another public office.
Tex. Special District Local Laws Code § 3950.111 — TX Code / Code sd / Chapter 3950 / Section 3950.111
§ 3950.111. NO EMINENT DOMAIN POWER.
Status: in_force

The district may not exercise the power of eminent domain.
Tex. Penal Code § 28.10 — TX Code / Code pe / Chapter 28 / Section 28.10
§ 28.10. ENHANCED PENALTY FOR CERTAIN MISDEMEANORS OR STATE JAIL FELONIES.
Status: in_force

The punishment for an offense under this chapter that is punishable as a misdemeanor or a state jail felony is increased to the punishment for a felony of the third degree if it is shown on the trial of the offense that the actor committed the offense in the course of committing an offense under Section 20.05(a)(2).
Tex. Special District Local Laws Code § 8336.052 — TX Code / Code sd / Chapter 8336 / Section 8336.052
§ 8336.052. TEMPORARY DIRECTORS.
Status: in_force

(a) On or after the effective date of the Act creating this chapter, the owner or owners of a majority of the assessed value of the real property in the district may submit a petition to the Texas Commission on Environmental Quality 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 8336.003; or

(2) the fourth anniversary of the effective date of the Act creating this chapter.

(c) If permanent directors have not been elected under Section 8336.003 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 8336.003; 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. Family Code § 159.312 — TX Code / Code fa / Chapter 159 / Section 159.312
§ 159.312. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL CIRCUMSTANCES.
Status: in_force

If a party alleges in an affidavit or pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. After a hearing in which a tribunal takes into consideration the health, safety, or liberty of the party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of justice.
Tex. Government Code § 411.1235 — TX Code / Code gv / Chapter 411 / Section 411.1235
§ 411.1235.
Status: repealed

Sec. 411.1235. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: VOLUNTEER FIRE DEPARTMENTS. (a) A volunteer fire department or a fire department operated by an emergency services district is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who:

(1) is required to be certified by the Texas Commission on Fire Protection and:

(A) is an applicant for a beginning position with the fire department; or

(B) currently holds a position with that fire department; or

(2) holds a position with the fire department and seeks to conduct fire safety inspections without becoming certified as a fire inspector by the Texas Commission on Fire Protection.

(b) Repealed by Acts 2003, 78th Leg., ch. 296, Sec. 13(6).

(c) A fire department may not keep or retain criminal history record information obtained under this section in any file. Criminal history record information must be destroyed promptly after the determination of suitability of the person for any position as a volunteer or employee.
Tex. Government Code § 851.002 — TX Code / Code gv / Chapter 851 / Section 851.002
§ 851.002. PURPOSE OF SUBTITLE.
Status: in_force

The purpose of this subtitle is to establish a program of benefits for members, retirees, and their beneficiaries and to establish rules for the management and operation of the retirement system. The assets of the retirement system are held in trust for the exclusive benefit of the members, the retirees, and their beneficiaries and may not be diverted. The retirement system may not apply a forfeiture to increase a benefit that any person would otherwise receive under this subtitle.
Tex. Natural Resources Code § 11.083 — TX Code / Code nr / Chapter 11 / Section 11.083
§ 11.083. RETENTION OF MINERAL RIGHTS.
Status: in_force

The state shall retain the mineral rights to state land that is sold unless it is impractical to do so.
Tex. Local Government Code § 391.0041 — TX Code / Code lg / Chapter 391 / Section 391.0041
§ 391.0041. MENTAL HEALTH RESOURCES PLAN FOR FIRST RESPONDER INVOLVED IN CRITICAL INCIDENT.
Status: in_force

(a) In this section:

(1) "Council of governments" means a regional planning commission for a state planning region created under this chapter.

(2) "Critical incident" means an incident involving a first responder that occurs while the first responder is performing official duties and that results in serious bodily injury to the first responder or poses a substantial risk of serious bodily injury or death to the first responder or of serious harm to the first responder's mental health or well-being.

(3) "First responder" means:

(A) a peace officer described by Article 2A.001, Code of Criminal Procedure;

(B) an individual included as fire protection personnel by Section 419.021, Government Code; and

(C) an individual included as emergency medical services personnel by Section 773.003, Health and Safety Code.

(b) The Texas Division of Emergency Management, in coordination with the Health and Human Services Commission and the Department of State Health Services, shall:

(1) develop a mental health resources plan to address the mental health needs of first responders following a critical incident; and

(2) provide the plan to each local emergency management director in the state.

(c) A plan developed under Subsection (b):

(1) must identify and provide for:

(A) education and training to a first responder prior to a critical incident on topics including:

(i) the potential psychological impact that being involved in an incident may have on the first responder; and

(ii) resources available to the first responder to address the psychological impact of an incident, including mental health counseling, peer support programs, and stress management practices; or

(B) a list of recommended providers located within the territory of the council of governments who can provide the education and training described by Paragraph (A);

(2) may recommend that an employer of a first responder:

(A) create a process to conduct a critical incident stress debriefing following an incident; and

(B) create a peer support program to support the first responder following an incident; and

(3) may include any other recommendation the council of governments considers appropriate to address the mental health needs of a first responder following a critical incident.

(d) Each political subdivision that receives a plan under this section shall:

(1) implement the plan; and

(2) share the plan with each council of governments that has jurisdiction over the political subdivision to ensure regional plan integration and awareness.
Tex. Government Code § 4007.207 — TX Code / Code gv / Chapter 4007 / Section 4007.207
§ 4007.207. NONCOMPLIANT OFFER OR OFFER PROHIBITED BY CEASE PUBLICATION ORDER; OFFENSE.
Status: in_force

(a) A person commits an offense if the person:

(1) makes an offer of a security in this state that does not comply with the requirements governing offers specified in Subchapter E, Chapter 4003; or

(2) knowingly makes an offer of a security in this state that is prohibited by a cease publication order issued by the commissioner under Section 4007.103.

(b) An offense under this section is a state jail felony.
Tex. Government Code § 813.502 — TX Code / Code gv / Chapter 813 / Section 813.502
§ 813.502. ADMINISTRATIVE BOARD SERVICE.
Status: in_force

(a) A member who established during December, 1977, service credit for administrative board service performed during that month, may:

(1) remain a contributing member of the retirement system accruing service credit in the employee class for continuous service on an eligible board; and

(2) establish service credit for previous service on an eligible board.

(b) Contributions for administrative board service are computed on the basis of the highest salary paid during the time for which credit is sought to an officer or employee of the agency, commission, or department on whose board the member serves.
Tex. Water Code § 36.065 — TX Code / Code wa / Chapter 36 / Section 36.065
§ 36.065. RECORDS.
Status: in_force

(a) The board shall keep a complete account of all its meetings and proceedings and shall preserve its minutes, contracts, records, notices, accounts, receipts, and other records in a safe place.

(b) The records of each district are the property of the district and are subject to Chapter 552, Government Code.

(c) The preservation, storage, destruction, or other disposition of the records of each district is subject to the requirements of Chapter 201, Local Government Code, and rules adopted thereunder.
Tex. Water Code § 26.502 — TX Code / Code wa / Chapter 26 / Section 26.502
§ 26.502. APPLICABILITY.
Status: in_force

This subchapter applies only to a feeding operation confining cattle that have been or may be used for dairy purposes, or otherwise associated with a dairy, including cows, calves, and bulls, in a major sole source impairment zone. In this subchapter, "major sole source impairment zone" means a watershed that contains a reservoir:

(1) that is used by a municipality as a sole source of drinking water supply for a population, inside and outside of its municipal boundaries, of more than 140,000; and

(2) at least half of the water flowing into which is from a source that, on the effective date of this subchapter, is on the list of impaired state waters adopted by the commission as required by 33 U.S.C. Section 1313(d), as amended:

(A) at least in part because of concerns regarding pathogens and phosphorus; and

(B) for which the commission, at some time, has prepared and submitted a total maximum daily load standard.
Tex. Insurance Code § 1217.001 — TX Code / Code in / Chapter 1217 / Section 1217.001
§ 1217.001. DEFINITIONS.
Status: in_force

In this chapter:

(1) "Health benefit plan issuer" means an entity authorized under this code or another insurance law of this state that delivers or issues for delivery a health benefit plan or other coverage that is covered under this chapter as described by Section 1217.002. The term includes:

(A) an insurance company;

(B) a group hospital service corporation operating under Chapter 842;

(C) a fraternal benefit society operating under Chapter 885;

(D) a stipulated premium company operating under Chapter 884;

(E) a reciprocal exchange operating under Chapter 942;

(F) a health maintenance organization operating under Chapter 843;

(G) a multiple employer welfare arrangement that holds a certificate of authority under Chapter 846; or

(H) an approved nonprofit health corporation that holds a certificate of authority under Chapter 844.

(2) "Health care services" includes medical or health care treatments, consultations, procedures, drugs, supplies, imaging and diagnostic services, inpatient and outpatient care, medical devices, and durable medical equipment. The term does not include prescription drugs as defined by Section 551.003, Occupations Code.
Tex. Occupations Code § 1051.211 — TX Code / Code oc / Chapter 1051 / Section 1051.211
§ 1051.211. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION.
Status: in_force

(a) The board shall develop and implement a policy to encourage the use of:

(1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of board rules; and

(2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the board's jurisdiction.

(b) The board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.

(c) The board shall designate a trained person to:

(1) coordinate the implementation of the policy adopted under Subsection (a);

(2) serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and

(3) collect data concerning the effectiveness of those procedures, as implemented by the board.
Tex. Estates Code § 358.059 — TX Code / Code es / Chapter 358 / Section 358.059
§ 358.059. TERM OF LEASE BINDING.
Status: in_force

(a) A lease executed and delivered in compliance with this subchapter is valid and binding on the property or interest in property owned by the estate and covered by the lease for the full term provided by the lease, subject only to the lease's terms and conditions, even if the primary term extends beyond the date the estate is closed in accordance with law.

(b) The authorized primary term of the lease may not exceed five years, subject to the lease terms and provisions extending the lease beyond the primary term by:

(1) paying production;

(2) bona fide drilling or reworking operations, whether in or on the same well or wells or an additional well or wells, without a cessation of operations of more than 60 consecutive days before production has been restored or obtained; or

(3) a shut-in gas well.