FrankGoortani/open-us-law huggingface dataset:
Tex. Special District Local Laws Code § 3811.054 — TX Code / Code sd / Chapter 3811 / Section 3811.054
§ 3811.054. CONFLICTS OF INTEREST.
Status: in_force

(a) Except as provided by this section:

(1) a director may participate in all board votes and decisions; and

(2) Chapter 171, Local Government Code, governs conflicts of interest of directors.

(b) Section 171.004, Local Government Code, does not apply to the district. A director who has a substantial interest in a business or charitable entity that will receive a pecuniary benefit from a board action shall file an affidavit with the board secretary declaring the interest. Another affidavit is not required if the director's interest changes.

(c) After the affidavit is filed, the director may participate in a discussion or vote on that action if:

(1) a majority of the directors have a similar interest in the same entity; or

(2) all other similar business or charitable entities in the district will receive a similar pecuniary benefit.

(d) A director who is also an officer or employee of a public entity may not participate in a discussion of or vote on a matter regarding a contract with that same public entity.

(e) For purposes of this section, a director has a substantial interest in a charitable entity in the same manner that a person would have a substantial interest in a business entity under Section 171.002, Local Government Code.
Tex. Special District Local Laws Code § 8501.162 — TX Code / Code sd / Chapter 8501 / Section 8501.162
§ 8501.162. ADDITIONAL POWERS RELATING TO ACQUISITION OR OPERATION OF PROPERTY.
Status: in_force

(a) In this section, "property" includes a right, including a water right, and includes land and a tenement, easement, improvement, reservoir, dam, canal, lateral, plant, work, and facility.

(b) The authority may investigate, plan, acquire, construct, maintain, or operate any property the authority considers necessary or proper for the accomplishment of the purposes of the authority.

(c) The power described by Subsection (b) includes the power to acquire property inside or outside the authority that is incidental or helpful to carrying out the authority's purposes under this chapter.
Tex. Agriculture Code § 71.201 — TX Code / Code ag / Chapter 71 / Section 71.201
§ 71.201. DEFINITIONS.
Status: in_force

In this subchapter:

(1) "Cooperative agreement" means an agreement described by Section 71.202.

(2) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.

(3) "Interested parties" include the following organizations or a successor organization:

(A) Plains Cotton Growers;

(B) South Texas Cotton and Grain Association;

(C) Texas Citrus Mutual;

(D) Texas Corn Producers;

(E) Texas Farm Bureau;

(F) Texas Grain Sorghum Association; and

(G) Texas Nursery and Landscape Association.

(4) "Plant pest and disease detection and surveillance" means the full range of activities undertaken to detect plant pests and diseases newly introduced to this state or to a certain area of this state before a pest or disease becomes established or an infestation of a pest or outbreak of a disease becomes too large and costly to eradicate or control. The term includes activities undertaken to detect pests and diseases affecting specialty crops.

(5) "Specialty crop" means a fruit, vegetable, tree nut, dried fruit, or nursery crop, including floriculture.
Tex. Occupations Code § 502.252 — TX Code / Code oc / Chapter 502 / Section 502.252
§ 502.252. LICENSE APPLICATION.
Status: in_force

(a) An applicant for a license must:

(1) file a written application with the executive council on a form prescribed by the executive council; and

(2) pay the appropriate application fee.

(b) To qualify for a license as a licensed marriage and family therapist associate, a person must:

(1) be at least 18 years of age;

(2) have completed a graduate internship in marriage and family therapy, or an equivalent internship, as approved by the executive council;

(3) pass the license examination and jurisprudence examination determined by the board;

(4) hold a master's or doctoral degree in marriage and family therapy or in a related mental health field with coursework and training determined by the executive council to be substantially equivalent to a graduate degree in marriage and family therapy from a regionally accredited institution of higher education or an institution of higher education approved by the executive council;

(5) have not been convicted of a felony or a crime involving moral turpitude;

(6) not use drugs or alcohol to an extent that affects the applicant's professional competency;

(7) not have had a license or certification revoked by a licensing agency or by a certifying professional organization; and

(8) not have engaged in fraud or deceit in applying for a license under this chapter.

(c) An applicant is eligible to apply for a license as a licensed marriage and family therapist if the person:

(1) meets the requirements of Subsection (b);

(2) after receipt of a degree described by Subsection (b)(4), has completed two years of work experience in marriage and family therapist services that includes at least 3,000 hours of clinical practice consisting of at least 1,500 hours of direct clinical services, including a minimum number of hours providing direct clinical services to couples or families as required by executive council rule; and

(3) has completed, in a manner acceptable to the executive council, at least 200 hours of supervised provision of direct clinical services by the applicant, 100 hours of which must be supervised on an individual basis.
Tex. Special District Local Laws Code § 3824.102 — TX Code / Code sd / Chapter 3824 / Section 3824.102
§ 3824.102. NONPROFIT CORPORATION.
Status: in_force

(a) The board by resolution may authorize the creation of a nonprofit corporation to assist and act for the district in implementing a project or providing a service authorized by this chapter.

(b) The nonprofit corporation:

(1) has each power of and is considered for purposes of this chapter to be a local government corporation created under Chapter 431, Transportation Code; and

(2) may implement any project and provide any service authorized by this chapter.

(c) The board shall appoint the board of directors of the nonprofit corporation. The board of directors of the nonprofit corporation shall serve in the same manner as the board of directors of a local government corporation created under Chapter 431, Transportation Code.
Tex. Education Code § 38.206 — TX Code / Code ed / Chapter 38 / Section 38.206
§ 38.206.
Status: in_force

Sec. 38.206. ADVISORY COMMITTEE: OPEN MEETINGS. Meetings of the advisory committee are subject to Chapter 551, Government Code.
Tex. Code of Criminal Procedure § 36.16 — TX Code / Code cr / Chapter 36 / Section 36.16
§ 36.16. FINAL CHARGE.
Status: in_force

After the judge shall have received the objections to his main charge, together with any special charges offered, he may make such changes in his main charge as he may deem proper, and the defendant or his counsel shall have the opportunity to present their objections thereto and in the same manner as is provided in Article 36.15, and thereupon the judge shall read his charge to the jury as finally written, together with any special charges given, and no further exception or objection shall be required of the defendant in order to preserve any objections or exceptions theretofore made. After the argument begins no further charge shall be given to the jury unless required by the improper argument of counsel or the request of the jury, or unless the judge shall, in his discretion, permit the introduction of other testimony, and in the event of such further charge, the defendant or his counsel shall have the right to present objections in the same manner as is prescribed in Article 36.15. The failure of the court to give the defendant or his counsel a reasonable time to examine the charge and specify the ground of objection shall be subject to review either in the trial court or in the appellate court.
Tex. Health and Safety Code § 401.116 — TX Code / Code hs / Chapter 401 / Section 401.116
§ 401.116. LICENSE AMENDMENT.
Status: in_force

(a) An amendment to a license to process or dispose of low-level radioactive waste from other persons may take effect immediately.

(b) The department or commission, as appropriate, shall publish notice of the license amendment once in the Texas Register and in a newspaper of general circulation in the county in which the licensed activity is located and shall give notice to any person who has notified the agency, in advance, of the desire to receive notice of proposed amendment of the license.

(c) Notice under this section must include:

(1) the identity of the license holder;

(2) identification of the license; and

(3) a short and plain statement of the license amendment's substance.

(d) The agency shall give notice and provide for a hearing to be conducted to consider the license amendment if a person affected files a written complaint with the agency before the 31st day after the date on which notice is published under Subsection (b). The agency shall give notice of the hearing as provided by Section 401.114.
Tex. Local Government Code § 212.139 — TX Code / Code lg / Chapter 212 / Section 212.139
§ 212.139. LIMITATION ON MORATORIUM.
Status: in_force

(a) A moratorium adopted under this subchapter does not affect an application for a project in progress under Chapter 245.

(b) A municipality may not adopt a moratorium under this subchapter that:

(1) prohibits a person from filing or processing an application for a project in progress under Chapter 245; or

(2) prohibits or delays the processing of an application for zoning filed before the effective date of the moratorium.
Tex. Water Code § 27.155 — TX Code / Code wa / Chapter 27 / Section 27.155
§ 27.155. REPORTING OF INJECTION AND RECOVERY VOLUMES.
Status: in_force

(a) A project operator shall install a meter on each ASR injection well and ASR recovery well associated with the aquifer storage and recovery project.

(b) Each calendar month, the project operator shall provide to the commission a written or electronic report showing for the preceding calendar month the volume of water:

(1) injected for storage; and

(2) recovered for beneficial use.
Tex. Special District Local Laws Code § 8104.309 — TX Code / Code sd / Chapter 8104 / Section 8104.309
§ 8104.309. REVIEW AND APPROVAL OF CONTRACTS RELATING TO BONDS OR NOTES.
Status: in_force

(a) If bonds or notes issued under this chapter state that the bonds or notes are secured by a pledge of the revenues and receipts of a lease or other contract made between the authority and a person, a copy of the lease or contract may be submitted to the attorney general with the bonds or notes.

(b) If the attorney general finds that the bonds or notes have been authorized and that the lease or contract has been made in accordance with law, the attorney general shall approve the bonds or notes and the lease or contract.
Tex. Penal Code § 32.45 — TX Code / Code pe / Chapter 32 / Section 32.45
§ 32.45. MISAPPLICATION OF FIDUCIARY PROPERTY OR PROPERTY OF FINANCIAL INSTITUTION.
Status: in_force

(a) For purposes of this section:

(1) "Fiduciary" includes:

(A) a trustee, guardian, administrator, executor, conservator, and receiver;

(B) an attorney in fact or agent appointed under a durable power of attorney as provided by Subtitle P, Title 2, Estates Code;

(C) any other person acting in a fiduciary capacity, but not a commercial bailee unless the commercial bailee is a party in a motor fuel sales agreement with a distributor or supplier, as those terms are defined by Section 162.001, Tax Code; and

(D) an officer, manager, employee, or agent carrying on fiduciary functions on behalf of a fiduciary.

(2) "Misapply" means deal with property contrary to:

(A) an agreement under which the fiduciary holds the property; or

(B) a law prescribing the custody or disposition of the property.

(b) A person commits an offense if he intentionally, knowingly, or recklessly misapplies property he holds as a fiduciary or property of a financial institution in a manner that involves substantial risk of loss to the owner of the property or to a person for whose benefit the property is held.

(c) An offense under this section is:

(1) a Class C misdemeanor if the value of the property misapplied is less than $100;

(2) a Class B misdemeanor if the value of the property misapplied is $100 or more but less than $750;

(3) a Class A misdemeanor if the value of the property misapplied is $750 or more but less than $2,500;

(4) a state jail felony if the value of the property misapplied is $2,500 or more but less than $30,000;

(5) a felony of the third degree if the value of the property misapplied is $30,000 or more but less than $150,000;

(6) a felony of the second degree if the value of the property misapplied is $150,000 or more but less than $300,000; or

(7) a felony of the first degree if the value of the property misapplied is $300,000 or more.

(d) An offense described for purposes of punishment by Subsections (c)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that the offense was committed against an elderly individual as defined by Section 22.04.

(e) With the consent of the appropriate local county or district attorney, the attorney general has concurrent jurisdiction with that consenting local prosecutor to prosecute an offense under this section that involves the state Medicaid program.
Tex. Agriculture Code § 46.009 — TX Code / Code ag / Chapter 46 / Section 46.009
§ 46.009. USE OF FUNDS.
Status: in_force

(a) Funds received under this chapter may only be used for activities promoting the sale of Texas agricultural products. The department by rule may allocate funds to categories of eligible participants and to general or product-specific promotional activities. The department may use the funds in an amount not to exceed $5,000 in a state fiscal year for the purchase of food and beverage refreshments at "Go Texan" promotional events.

(b) The department shall adopt rules to ensure that money in the "Go Texan" partner program account is used only for the purposes prescribed under this section.

(c) The payment of the administrative expenses under the program may not exceed seven percent of the amount of the legislative appropriation each biennium for the "Go Texan" partner program account.
Tex. Government Code § 406.109 — TX Code / Code gv / Chapter 406 / Section 406.109
§ 406.109. USE OF ELECTRONIC RECORD, SIGNATURE, AND SEAL.
Status: in_force

(a) An online notary public shall take reasonable steps to ensure that any registered device used to create an electronic signature is current and has not been revoked or terminated by the device's issuing or registering authority.

(b) An online notary public shall keep the online notary public's electronic record, electronic signature, and electronic seal secure and under the online notary public's exclusive control. The online notary public may not allow another person to use the online notary public's electronic record, electronic signature, or electronic seal.

(c) An online notary public may use the online notary public's electronic signature only for performing online notarization.

(d) An online notary public shall attach the online notary public's electronic signature and seal to the electronic notarial certificate of an electronic document in a manner that is capable of independent verification and renders any subsequent change or modification to the electronic document evident.

(e) An online notary public shall immediately notify an appropriate law enforcement agency and the secretary of state of the theft or vandalism of the online notary public's electronic record, electronic signature, or electronic seal. An online notary public shall immediately notify the secretary of state of the loss or use by another person of the online notary public's electronic record, electronic signature, or electronic seal.

(f) An online notary public shall authenticate all online notarizations with the online notary public's:

(1) electronic seal, if the online notarization was performed with respect to an electronic document; or

(2) seal of office as provided under Section 406.013, if the online notarization was performed with respect to a tangible document.
Tex. Human Resources Code § 32.061 — TX Code / Code hr / Chapter 32 / Section 32.061
§ 32.061. COMMUNITY ATTENDANT SERVICES PROGRAM.
Status: in_force

(a) Any home and community-based services that the commission provides under Section 1929, Social Security Act (42 U.S.C. Section 1396t) and its subsequent amendments to functionally disabled individuals who have income that exceeds the limit established by federal law for Supplemental Security Income (SSI) (42 U.S.C. Section 1381 et seq.) and its subsequent amendments shall be provided through the community attendant services program.

(b) In determining an applicant's eligibility for home and community-based services described by Subsection (a), the commission shall exclude $20 of unearned or earned income from the applicant's monthly income.
Tex. Water Code § 17.993 — TX Code / Code wa / Chapter 17 / Section 17.993
§ 17.993. TRAINING FOR OPERATING ENTITIES.
Status: in_force

(a) The commission or the board may evaluate whether an operating entity needs training if the operating entity:

(1) requests financial assistance or an amendment to the project plan or budget;

(2) requests more time to meet its obligations under a repayment schedule;

(3) does not provide required documentation; or

(4) has a history of compliance problems, as determined by the commission.

(b) The board or the commission may determine that training is necessary if, after an examination and evaluation of the operating entity's managerial, financial, and technical capabilities, the board or commission finds that the operating entity's managerial, financial, or technical capabilities are inadequate to ensure the project will meet program requirements or remain financially viable.

(c) The commission by rule shall establish a preenforcement threshold of noncompliance at which the commission may notify the board that an operating entity needs training.

(d) If the commission assesses a penalty against an operating entity in an enforcement action, the enforcement order must contain a provision requiring that the operating entity receive training as ordered by the board. The commission shall notify the board when the commission assesses a penalty against an operating entity.
Tex. Parks and Wildlife Code § 76.1031 — TX Code / Code pw / Chapter 76 / Section 76.1031
§ 76.1031. LICENSE EXPIRATIONS AND TRANSFERS.
Status: in_force

(a) All licenses issued under the authority of Chapter 76 of this code are valid only during the yearly period for which they are issued without regard to the date on which the licenses are acquired. Each yearly period begins on September 1 or another date set by the commission and extends through August 31 of the next year or another date set by the commission. The commission by rule may set the amount of a license fee for a license issued during a transition period at an amount lower than prescribed in this chapter and provide for a license term for a transition period that is shorter or longer than a year.

(b) All licenses issued under the authority of this chapter may not be transferred to another person or vessel except as provided by this subsection. A license issued under the authority of Section 76.101(c) may be transferred to another vessel or to a new owner of the same vessel. The commission, by regulation, may prescribe requirements necessary to clarify license transfer procedures and may prescribe, by regulation, forms to be used and fees to be charged for transfer of licenses in this chapter and for duplicate license plates or duplicate or replacement licenses.
Tex. Natural Resources Code § 40.161 — TX Code / Code nr / Chapter 40 / Section 40.161
§ 40.161. REIMBURSEMENT OF FUND.
Status: in_force

(a) The commissioner shall diligently pursue reimbursement to the fund of any sum expended or paid from the fund.

(b) In any action to recover such sums, the commissioner shall submit to the court a written report of the amounts paid from or owed by the fund. The amounts paid from or owed by the fund stated in the report shall create a rebuttable presumption of the amount of the fund's damages. The written report shall be admissible in evidence.

(c) This section does not apply to a sum expended under Section 40.152(a)(9).
Tex. Tax Code § 171.071 — TX Code / Code tx / Chapter 171 / Section 171.071
§ 171.071. EXEMPTION--FARMERS' COOPERATIVE SOCIETY.
Status: in_force

A cooperative that is either a farmers' cooperative society incorporated under Chapter 51, Agriculture Code, or a cooperative whose single member is a farmers' cooperative described in Section 521(b)(1), Internal Revenue Code, that has at least 500 farmer-fruit grower members, is exempted from the franchise tax.
Tex. Government Code § 432.036 — TX Code / Code gv / Chapter 432 / Section 432.036
§ 432.036. JURISDICTION OF COURT-MARTIAL NOT EXCLUSIVE.
Status: in_force

The provisions of this chapter conferring jurisdiction on courts-martial do not deprive military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military commissions, provost courts, or other military tribunals.
Tex. Special District Local Laws Code § 8510.0315 — TX Code / Code sd / Chapter 8510 / Section 8510.0315
§ 8510.0315. COST OF RELOCATING OR ALTERING PROPERTY.
Status: in_force

If the authority's exercise of the power of eminent domain, the power of relocation, or any other power granted by this chapter makes necessary relocating, raising, rerouting, changing the grade of, or altering the construction of a highway, railroad, electric transmission line, telephone or telegraph property or facility, or pipeline, the necessary action shall be accomplished at the authority's sole expense.
Tex. Transportation Code § 222.001 — TX Code / Code tn / Chapter 222 / Section 222.001
§ 222.001. USE OF STATE HIGHWAY FUND.
Status: in_force

(a) Money that is required to be used for public roadways by the Texas Constitution or federal law and that is deposited in the state treasury to the credit of the state highway fund, including money deposited to the credit of the state highway fund under Title 23, United States Code, may be used only:

(1) to improve the state highway system; or

(2) to mitigate adverse environmental effects that result directly from construction or maintenance of a state highway by the department.

(b) Notwithstanding Section 222.103, the department may not pledge or otherwise encumber money deposited in the state highway fund to:

(1) guarantee a loan obtained by a public or private entity for costs associated with a toll facility of the public or private entity; or

(2) insure bonds issued by a public or private entity for costs associated with a toll facility of the public or private entity.
Tex. Transportation Code § 502.455 — TX Code / Code tn / Chapter 502 / Section 502.455
§ 502.455. TRAILERS AND SEMITRAILERS OWNED BY RELIGIOUS ORGANIZATIONS.
Status: in_force

(a) A trailer or semitrailer may be registered without payment if the trailer or semitrailer is:

(1) owned by an organization that qualifies as a religious organization under Section 11.20, Tax Code; and

(2) used primarily for the purpose of transporting property in connection with the charitable activities and functions of the organization.

(b) An application for registration under this section must include a statement signed by an officer of the religious organization stating that the trailer or semitrailer qualifies for registration under this section.
Tex. Special District Local Laws Code § 7978.051 — TX Code / Code sd / Chapter 7978 / Section 7978.051
§ 7978.051. GOVERNING BODY; TERMS.
Status: in_force

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

(b) Except as provided by Section 7978.052, directors serve staggered four-year terms.