FrankGoortani/open-us-law huggingface dataset:
Tex. Business & Commerce Code § 2A.210 — TX Code / Code bc / Chapter 2A / Section 2A.210
§ 2A.210. EXPRESS WARRANTIES.
Status: in_force

(a) Express warranties by the lessor are created as follows:

(1) Any affirmation of fact or promise made by the lessor to the lessee that relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise.

(2) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods will conform to the description.

(3) Any sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model.

(b) It is not necessary to the creation of an express warranty that the lessor use formal words, such as "warrant" or "guarantee," or that the lessor have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the lessor's opinion or commendation of the goods does not create a warranty.
Tex. Transportation Code § 367.060 — TX Code / Code tn / Chapter 367 / Section 367.060
§ 367.060. BONDS AND WARRANTS NOT PAYABLE FROM TAXES.
Status: in_force

(a) Bonds and warrants issued under this subchapter are not a debt of the municipality that issues them and are a charge only against:

(1) the pledged revenues of the toll bridge; and

(2) the property comprising the toll bridge, if a lien is given on that property.

(b) A bond or warrant issued under this subchapter must include substantially the following provision: "The holder of this obligation is not entitled to demand payment of this obligation out of any money raised by taxation."
Tex. Special District Local Laws Code § 3819.154 — TX Code / Code sd / Chapter 3819 / Section 3819.154
§ 3819.154. ASSESSMENTS; LIENS FOR ASSESSMENTS.
Status: in_force

(a) The board by resolution may impose an assessment for any purpose authorized by this chapter.

(b) An assessment, a reassessment, or an assessment resulting from an addition to or correction of the assessment roll by the district, penalties and interest on an assessment or reassessment, an expense of collection, and reasonable attorney's fees incurred by the district:

(1) are a first and prior lien against the property assessed;

(2) are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and

(3) are the personal liability of and a charge against the owners of the property even if the owners are not named in the assessment proceedings.

(c) The lien is effective from the date of the board's resolution imposing the assessment until the date the assessment is paid. The board may enforce the lien in the same manner that the board may enforce an ad valorem tax lien against real property.

(d) The board may make a correction to or deletion from the assessment roll that does not increase the amount of assessment of any parcel of land without providing notice and holding a hearing in the manner required for additional assessments.
Tex. Government Code § 452.012 — TX Code / Code gv / Chapter 452 / Section 452.012
§ 452.012. EXPIRATION.
Status: in_force

The commission is abolished and this chapter expires September 1, 2037.
Tex. Finance Code § 92.062 — TX Code / Code fi / Chapter 92 / Section 92.062
§ 92.062. AMENDMENT OF ARTICLES OF INCORPORATION OR BYLAWS.
Status: in_force

(a) A savings bank may amend its articles of incorporation or bylaws by a resolution adopted by a majority vote of those entitled to vote attending an annual meeting or a special meeting called for that purpose.

(b) An amendment may not take effect before it is filed with and approved by the commissioner.
Tex. Special District Local Laws Code § 9047.051 — TX Code / Code sd / Chapter 9047 / Section 9047.051
§ 9047.051. GOVERNING BODY; TERMS.
Status: in_force

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

(b) Except as provided by Section 9047.052, directors serve staggered four-year terms.
Tex. Finance Code § 15.502 — TX Code / Code fi / Chapter 15 / Section 15.502
§ 15.502. PERIODIC EVALUATION.
Status: in_force

The commission shall by rule establish a process by which the commission shall periodically evaluate an advisory committee to ensure its continued necessity. The commission may retain or develop committees as appropriate to meet changing needs.
Tex. Insurance Code § 1152.059 — TX Code / Code in / Chapter 1152 / Section 1152.059
§ 1152.059. SEPARATE ACCOUNT NOT CHARGEABLE WITH OTHER LIABILITIES.
Status: in_force

To the extent provided under the applicable contracts, the portion of a separate account's assets equal to the reserves and other contract liabilities regarding that account is not chargeable with a liability arising out of any other business of the insurance company.
Tex. Special District Local Laws Code § 11005.156 — TX Code / Code sd / Chapter 11005 / Section 11005.156
§ 11005.156. CONSTRUCTION CONTRACTS.
Status: in_force

(a) The district may award a construction contract that requires an expenditure of more than $5,000 only after publication of notice to bidders once each week for two weeks in a newspaper of general circulation in the district.

(b) The notice is sufficient if it states:

(1) the time and place for opening the bids;

(2) the general nature of the work to be done or the material, equipment, or supplies to be purchased; and

(3) where the terms of bidding and copies of the plans and specifications may be obtained.
Tex. Special District Local Laws Code § 3831.002 — TX Code / Code sd / Chapter 3831 / Section 3831.002
§ 3831.002. PURPOSE; DECLARATION OF LEGISLATIVE FINDINGS.
Status: in_force

(a) The creation of the district is essential to accomplish the purposes of Section 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and to accomplish other public purposes stated in this chapter, including:

(1) development and diversification of the economy of the state;

(2) the elimination of unemployment or underemployment in the state;

(3) the stimulation of agricultural innovation;

(4) fostering the growth of enterprises based on agriculture; and

(5) the development or expansion of transportation or commerce in the state.

(b) This chapter is enabling legislation enacted to further the public purposes under Section 52-a, Article III, Texas Constitution.

(c) The creation of the district is necessary to further the public purpose of improving the economy of this state and of the city of Temple by providing for the development of health and bioscience operations and facilities.

(d) The district serves the public purposes stated in this section.

(e) Property owners in the district benefit from the district and its activities.
Tex. Insurance Code § 1301.0047 — TX Code / Code in / Chapter 1301 / Section 1301.0047
§ 1301.0047. INCENTIVES TO USE CERTAIN PHYSICIANS OR HEALTH CARE PROVIDERS.
Status: in_force

(a) An insurer may provide incentives for insureds to use certain physicians or health care providers through modified deductibles, copayments, coinsurance, or other cost-sharing provisions.

(b) An insurer that encourages an insured to obtain a health care service from a particular physician or health care provider, including offering incentives to encourage insureds to use specific physicians or providers, or that introduces or modifies a tiered network plan or assigns physicians or providers into tiers, has a fiduciary duty to the insured or policyholder to engage in that conduct only for the primary benefit of the insured or policyholder.

(c) An insurer violates the fiduciary duty described by Subsection (b) by offering incentives to encourage insureds to use a particular physician or health care provider solely because the physician or provider directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with the insurer.

(d) Conduct that violates the fiduciary duty described by Subsection (b) includes:

(1) using a steering approach or a tiered network to provide a financial incentive as an inducement to limit medically necessary services, encourage receipt of lower quality medically necessary services, or violate state or federal law;

(2) failing to implement reasonable procedures to ensure that:

(A) preferred providers that insureds are encouraged to use within any steering approach or tiered network are not of materially lower quality than preferred providers that insureds are not encouraged to use; and

(B) the insurer does not make materially false statements or representations about a physician's or health care provider's quality of care or costs; and

(3) failing to use objective, verifiable, and accurate information as the basis of any encouragement or incentive under this section.

(e) An encouragement or incentive authorized by this section may not:

(1) be based solely on cost; or

(2) impose a cost-sharing requirement for out-of-network emergency services that is greater than the cost-sharing requirement that would apply had the services been furnished by a preferred provider.

(f) This section does not apply to a vision care plan, as defined by Section 1451.157.
Tex. Government Code § 523.0108 — TX Code / Code gv / Chapter 523 / Section 523.0108
§ 523.0108. PUBLIC COMMENT.
Status: in_force

The executive commissioner shall develop and implement policies that provide the public with a reasonable opportunity to appear before the executive council which may include holding meetings in various geographic areas across this state or allowing public comment at teleconferencing centers in various geographic areas across this state and to speak on any issue under the commission's jurisdiction.
Tex. Education Code § 54.807 — TX Code / Code ed / Chapter 54 / Section 54.807
§ 54.807. PILOT PROJECTS UNDER PROGRAM.
Status: in_force

To fulfill the intent of the program, the board may use funds described by Section 54.802(a)(2) to establish pilot projects under the program in an effort to incentivize participation in the higher education savings program under Subchapter G and the prepaid tuition unit undergraduate education program under Subchapter H, including projects that incentivize participation by:

(1) awarding additional matching grants based on a beneficiary's achievement of specified academic goals;

(2) providing initial matching grants and paying application fees;

(3) providing incentives for employers to contribute matching funds to the program; and

(4) creating a program information portal designed to increase program awareness and accessibility among school districts, parents, and students.
Tex. Special District Local Laws Code § 8397.003 — TX Code / Code sd / Chapter 8397 / Section 8397.003
§ 8397.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
Status: in_force

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

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

(c) The creation of the district is essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Tex. Human Resources Code § 111.051 — TX Code / Code hr / Chapter 111 / Section 111.051
§ 111.051. DEPARTMENT AS PRINCIPAL AUTHORITY.
Status: in_force

The department is the principal authority in the state on rehabilitation of individuals with disabilities. All other state agencies engaged in rehabilitation activities and related services to individuals with disabilities shall coordinate those activities and services with the department.
Tex. Election Code § 33.003 — TX Code / Code el / Chapter 33 / Section 33.003
§ 33.003. APPOINTMENT BY POLITICAL PARTY.
Status: in_force

(a) The county chair of each political party that has one or more nominees on the ballot may appoint watchers.

(b) If the county chair does not make an authorized appointment, any three members of the county executive committee may make the appointment.
Tex. Government Code § 411.1388 — TX Code / Code gv / Chapter 411 / Section 411.1388
§ 411.1388.
Status: in_force

Sec. 411.1388. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: INTERAGENCY COUNCIL ON SEX OFFENDER TREATMENT. (a) The Council on Sex Offender Treatment is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who:

(1) is licensed to provide mental health or medical services for the rehabilitation of sex offenders under Chapter 110, Occupations Code; or

(2) has applied for a license or renewal of a license to provide mental health or medical services for the rehabilitation of sex offenders under Chapter 110, Occupations Code.

(b) Criminal history record information obtained by the Interagency Council on Sex Offender Treatment under Subsection (a) may not be released or disclosed to any person or agency except on court order or with the consent of the person who is the subject of the information.

(c) The Interagency Council on Sex Offender Treatment shall destroy criminal history record information obtained under Subsection (a) not later than the first anniversary of the date the council makes a decision as to the person's eligibility for registration or the renewal of a registration.
Tex. Insurance Code § 1153.052 — TX Code / Code in / Chapter 1153 / Section 1153.052
§ 1153.052. REQUIREMENTS RELATING TO INSURANCE POLICY OR CERTIFICATE.
Status: in_force

(a) A policy or certificate of credit life insurance or credit accident and health insurance must:

(1) specify:

(A) the name and home office address of the insurer;

(B) the name of each debtor;

(C) in the case of a certificate under a group policy, the identity, by name or otherwise, of each insured;

(D) the full amount of premium or the total identifiable insurance charge, if any, to the debtor, separately for credit life insurance and credit accident and health insurance; and

(E) each exception or limitation to or restriction on the coverage;

(2) describe the coverage, including the amount and term of the coverage; and

(3) state that the benefits are to be paid to the creditor to reduce or extinguish the unpaid amount of the debt and that any amount of benefits that exceeds the unpaid debt is to be paid to a beneficiary, other than the creditor, named by the debtor or to the debtor's estate.

(b) The requirements of this section are in addition to the other requirements of law.
Tex. Special District Local Laws Code § 8069.0201 — TX Code / Code sd / Chapter 8069 / Section 8069.0201
§ 8069.0201. GENERAL POWERS AND DUTIES.
Status: in_force

The district has the powers and duties necessary to accomplish the purposes for which the district is created.
Tex. Education Code § 12.265 — TX Code / Code ed / Chapter 12 / Section 12.265
§ 12.265. RULES.
Status: in_force

(a) The commissioner shall adopt rules necessary to administer the program under this subchapter, including rules to implement and administer:

(1) the reporting requirements under Section 12.252(b)(2)(A);

(2) the application process under Section 12.2565; and

(3) the evaluation provisions under Section 12.262.

(b) In adopting rules, the commissioner may modify charter school requirements only to the extent necessary for the administration of a charter school under this subchapter that provides for adult education.

(c) In adopting rules, the commissioner may establish a maximum number of students who may be enrolled in an adult education program operated under a charter granted under this subchapter.
Tex. Government Code § 54.981 — TX Code / Code gv / Chapter 54 / Section 54.981
§ 54.981. PAPERS TRANSMITTED TO THE JUDGE.
Status: in_force

(a) At the conclusion of the proceedings, a magistrate shall transmit to the referring court any papers relating to the case, including the magistrate's findings, conclusions, orders, recommendations, or other action taken.

(b) A party has seven days after the date of the magistrate's ruling to tender to the referring court any objections to the magistrate's ruling on pretrial matters. The referring court shall consider any objections before taking final action.
Tex. Utilities Code § 31.051 — TX Code / Code ut / Chapter 31 / Section 31.051
§ 31.051. DEFINITION.
Status: in_force

In this subchapter, "utility" means:

(1) an electric cooperative;

(2) an electric utility;

(3) a municipally owned electric utility; or

(4) a transmission and distribution utility.
Tex. Parks and Wildlife Code § 21A.005 — TX Code / Code pw / Chapter 21A / Section 21A.005
§ 21A.005. PROHIBITED EXPENDITURES.
Status: in_force

Money in the fund may not be used:

(1) to pay salaries, employee benefits, costs associated with employee benefits, or administration, operating, or program costs of the department; or

(2) for the maintenance or operation of state parks.
Tex. Insurance Code § 2201.204 — TX Code / Code in / Chapter 2201 / Section 2201.204
§ 2201.204. APPLICABILITY OF CERTAIN REQUIREMENTS FOR LIABILITY INSURERS.
Status: in_force

A risk retention group authorized to engage in business in this state under Subchapter C or D must participate on the same basis as a liability insurer holding a certificate of authority to engage in the business of insurance in this state in:

(1) the Texas Windstorm Insurance Association;

(2) joint underwriting associations;

(3) mandatory liability and assigned risk pools; and

(4) residual market facilities.
Tex. Natural Resources Code § 111.137 — TX Code / Code nr / Chapter 111 / Section 111.137
§ 111.137. ENLARGEMENT AND EXTENSION OF FACILITIES.
Status: in_force

On its own initiative without complaint, and after proper notice and hearing, as provided by law the commission may authorize or require by order any common carrier owning or operating pipelines in this state or owning, operating, or managing crude petroleum storage tanks or facilities for the public for hire, to extend or enlarge those pipelines or storage facilities if the extension or enlargement is found to be reasonable and required in the public interest and the expense involved will not impair the ability of the common carrier or public utility to perform its duty to the public.
Tex. Finance Code § 353.212 — TX Code / Code fi / Chapter 353 / Section 353.212
§ 353.212. FINANCING ENTITY MAY NOT REQUIRE INSURANCE FROM PARTICULAR SOURCE.
Status: in_force

If a retail installment contract presented to a financing entity for acceptance includes any insurance coverage, the financing entity may not directly or indirectly require, as a condition of its agreement to finance the commercial vehicle, that the retail buyer purchase the insurance coverage from a particular source.
Tex. Special District Local Laws Code § 7955.102 — TX Code / Code sd / Chapter 7955 / Section 7955.102
§ 7955.102. 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. Occupations Code § 505.102 — TX Code / Code oc / Chapter 505 / Section 505.102
§ 505.102. PUBLIC MEMBERSHIP ELIGIBILITY.
Status: in_force

(a) A public member of the board may not:

(1) be licensed under this chapter; or

(2) have an interest in the practice of social work other than as a consumer.

(b) A person is not eligible for appointment as a public member of the board if:

(1) the person is registered, certified, or licensed by an occupational regulatory agency in the field of health care;

(2) the person's spouse is registered, certified, or licensed by an occupational regulatory agency in the field of mental health; or

(3) the person or the person's spouse:

(A) is employed by or participates in the management of a business entity or other organization regulated by or receiving funds from the board or executive council;

(B) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving funds from the board or executive council; or

(C) uses or receives a substantial amount of tangible goods, services, or funds from the board or executive council, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
Tex. Government Code § 2166.304 — TX Code / Code gv / Chapter 2166 / Section 2166.304
§ 2166.304. PRE-BID CONFERENCE.
Status: in_force

(a) A state agency may require bidders to attend a pre-bid conference to coordinate a geotechnical investigation of the project site by the bidders.

(b) In awarding a contract, an agency may not consider a bid from a bidder who failed to attend a pre-bid conference required under this section.
Tex. Government Code § 155.204 — TX Code / Code gv / Chapter 155 / Section 155.204
§ 155.204. TRAINING REQUIRED.
Status: in_force

(a) In adopting rules under Section 155.203, the supreme court shall:

(1) subject to Subdivision (3), ensure that before a person is appointed guardian, the person completes a training course:

(A) designed by the commission to educate proposed guardians about their responsibilities as guardians, alternatives to guardianships, supports and services available to the proposed ward, and a ward's bill of rights under Section 1151.351, Estates Code; and

(B) made available for free to proposed guardians by the commission online via the commission's Internet website and, on request, in a written format;

(2) subject to Subdivision (3) and Subsection (a-1), require that not later than the sixth month after the date a guardian is appointed and at least once a year, the guardian completes a one-hour training course:

(A) provided to educate guardians on Alzheimer's disease, dementia, and related disorders, including providing information about:

(i) common aspects of aging;

(ii) warning signs of dementia and Alzheimer's disease;

(iii) effective strategies for communicating with a person who is diagnosed with dementia or Alzheimer's disease; and

(iv) effective strategies and resources available for supporting a person who is diagnosed with dementia or Alzheimer's disease in exercising the person's rights; and

(B) made available for free to guardians by the commission online via the commission's Internet website; and

(3) identify the circumstances under which a court may waive the training required under this section.

(a-1) Subsection (a)(2) applies only to the appointment of a guardian of the person or the estate, or both, of a ward who is:

(1) 60 years of age or older; or

(2) younger than 60 years of age if the ward has been diagnosed with Alzheimer's disease, dementia, or a related disorder.

(b) Notwithstanding Section 155.203(b) or Section 1251.052, Estates Code, the training required under Subsection (a):

(1) does not apply to the initial appointment of a temporary guardian under Chapter 1251, Estates Code; and

(2) applies only if there is a motion to extend the term of a temporary guardian.

(c) The commission may make the training required under this section available to court investigators and guardians ad litem. A court investigator or guardian ad litem is not required to receive training unless required to do so by a court.
Tex. Water Code § 5.1772 — TX Code / Code wa / Chapter 5 / Section 5.1772
§ 5.1772. AFTER-HOURS RESPONSE TO COMPLAINTS.
Status: in_force

(a) The commission shall adopt and implement a policy to provide timely response to complaints during periods outside regular business hours.

(b) This section does not:

(1) require availability of field inspectors for response 24 hours a day, seven days a week, in all parts of the state; or

(2) authorize additional use of overtime.