FrankGoortani/open-us-law huggingface dataset:
Tex. Property Code § 23A.008 — TX Code / Code pr / Chapter 23A / Section 23A.008
§ 23A.008. PARTITION ALTERNATIVES.
Status: in_force

(a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants under Section 23A.007, or if after conclusion of the buyout under Section 23A.007 a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in Section 23A.009, finds that partition in kind will result in substantial prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have the requesting parties' individual interests aggregated.

(b) If the court does not order partition in kind under Subsection (a), the court shall order partition by sale under Section 23A.010 or, if no cotenant requested partition by sale, the court shall dismiss the action.

(c) If the court orders partition in kind under Subsection (a), the court may require that one or more cotenants pay one or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.

(d) If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if those cotenants' interests were not bought out under Section 23A.007, a part of the property representing the combined interests of those cotenants as determined by the court, and that part of the property shall remain undivided.
Tex. Special District Local Laws Code § 1083.054 — TX Code / Code sd / Chapter 1083 / Section 1083.054
§ 1083.054. QUALIFICATIONS FOR OFFICE.
Status: in_force

(a) A person may not be elected or appointed as a director unless the person is:

(1) a resident of the district;

(2) a registered voter; and

(3) more than 18 years of age at the time of election or appointment.

(b) A person who is elected from a commissioners precinct or who is appointed to fill a vacancy for a commissioners precinct must be a resident of that precinct.

(c) A district employee may not serve as a director.
Tex. Health and Safety Code § 142.023 — TX Code / Code hs / Chapter 142 / Section 142.023
§ 142.023. RULES FOR ADMINISTRATION OF MEDICATION.
Status: in_force

The executive commissioner by rule shall establish:

(1) minimum requirements for the issuance, denial, renewal, suspension, emergency suspension, and revocation of a permit to a home health medication aide;

(2) curricula to train a home health medication aide;

(3) minimum standards for the approval of home health medication aide training programs and for rescinding approval;

(4) the acts and practices that are allowed or prohibited to a permit holder; and

(5) minimum standards for on-site supervision of a permit holder by a registered nurse.
Tex. Special District Local Laws Code § 1052.005 — TX Code / Code sd / Chapter 1052 / Section 1052.005
§ 1052.005. CORRECTION OF INVALID PROCEDURES.
Status: in_force

If a court holds that any procedure under this chapter violates the constitution of this state or of the United States, the district by resolution may provide an alternative procedure that conforms with the constitution.
Tex. Special District Local Laws Code § 9034.105 — TX Code / Code sd / Chapter 9034 / Section 9034.105
§ 9034.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION.
Status: in_force

The district shall comply with all applicable requirements of any ordinance or resolution that is adopted under Section 42.042, Local Government Code, and that consents to the creation of the district or to the inclusion of land in the district.
Tex. Insurance Code § 1501.3021 — TX Code / Code in / Chapter 1501 / Section 1501.3021
§ 1501.3021. AUTHORIZATION OF OPERATION.
Status: in_force

(a) The commissioner shall hold a hearing if:

(1) the commissioner believes small employer health benefit plan issuers in this state are threatened with the inability to secure reinsurance coverage in the open market; or

(2) the commissioner receives a petition requesting the hearing from an association of health benefit plan issuers in this state or a group of at least 15 small employer health benefit plan issuers operating in this state.

(b) If, after a hearing under Subsection (a), the commissioner finds that the operation of the system is in the public interest, the commissioner by order shall:

(1) authorize the operation of the system;

(2) appoint a board of directors under Section 1501.303; and

(3) direct the board to develop a plan of operation under Section 1501.306 to ensure the system is fully implemented on a date specified in the order that is not later than the 60th day after the effective date of the order.

(c) Sections 1501.307-1501.326 apply to the operation of the system after the date the system is implemented as described by Subsection (b)(3).
Tex. Special District Local Laws Code § 9501.153 — TX Code / Code sd / Chapter 9501 / Section 9501.153
§ 9501.153. DISBURSEMENT OF FUNDS.
Status: in_force

The commission may disburse funds set aside by the commissioners court and the governing body of the municipality for the performance of the commission's functions.
Tex. Special District Local Laws Code § 3911.252 — TX Code / Code sd / Chapter 3911 / Section 3911.252
§ 3911.252. BORROWING MONEY.
Status: in_force

The district may borrow money for a district purpose by issuing or executing bonds, notes, credit agreements, or other obligations of any kind found by the board to be necessary or appropriate for a district purpose. The bond, note, credit agreement, or other obligation must be secured by and payable from any combination of ad valorem taxes, assessments, or any other district revenue.
Tex. Parks and Wildlife Code § 89.023 — TX Code / Code pw / Chapter 89 / Section 89.023
§ 89.023. STANDARDS.
Status: in_force

An artificial reef located in water covered under this chapter must be sited, constructed, maintained, monitored, and managed in a manner that:

(1) enhances and conserves fishery resources to the maximum extent practicable;

(2) facilitates access and use by Texas recreational and commercial fishermen;

(3) minimizes conflicts among competing uses of water and water resources;

(4) minimizes environmental risks and risks to personal and public health and property;

(5) is consistent with generally accepted principles of international law and national fishing law and does not create any unreasonable obstruction to navigation;

(6) uses the best scientific information available; and

(7) conforms to the state artificial reef plan.
Tex. Insurance Code § 2602.353 — TX Code / Code in / Chapter 2602 / Section 2602.353
§ 2602.353. FILING OF COVERED CLAIM.
Status: in_force

The conservator may require in whole or in part that claimants file:

(1) sworn claim forms; and

(2) additional information or evidence reasonably necessary for the conservator to determine the legality of or amount due under a covered claim.
Tex. Local Government Code § 281.026 — TX Code / Code lg / Chapter 281 / Section 281.026
§ 281.026. BYLAWS.
Status: in_force

The board may adopt bylaws to govern:

(1) the time and place of its meetings;

(2) the manner of conducting its meetings;

(3) the powers, duties, and responsibilities of its officers and employees;

(4) the disbursement of funds by checks, drafts, and warrants;

(5) the appointment and authority of director committees;

(6) the keeping of records and accounts; and

(7) other matters that the board considers appropriate.
Tex. Estates Code § 1354.005 — TX Code / Code es / Chapter 1354 / Section 1354.005
§ 1354.005. USE OF EXCESS ESTATE ASSETS.
Status: in_force

(a) A receiver who, while the receivership is pending, has possession of an amount of money belonging to the incapacitated person in excess of the amount needed for current necessities and expenses may, under direction of the judge, invest, lend, or contribute all or part of the excess money in the manner, for the security, and on the terms provided by this title for investments, loans, or contributions by guardians.

(b) The receiver shall report to the judge all transactions made under this section in the same manner that a report is required of a guardian under this title.
Tex. Government Code § 487.107 — TX Code / Code gv / Chapter 487 / Section 487.107
§ 487.107. AWARDING OF LOANS.
Status: in_force

(a) The selection committee shall recommend to the department guidelines for the awarding of forgivable loans to outstanding rural scholars.

(b) The department, acting on the advice of the selection committee, shall award forgivable loans to outstanding rural scholars based on the availability of money in the fund.

(c) If in any year the fund is inadequate to provide loans to all eligible applicants, the department shall award forgivable loans on a priority basis according to the applicants' academic performance, test scores, and other criteria of eligibility.
Tex. Water Code § 58.024 — TX Code / Code wa / Chapter 58 / Section 58.024
§ 58.024.
Status: in_force

Sec. 58.024. SINGLE-COUNTY DISTRICT: HEARING IN DISTRICT COURT; PROCEDURE. (a) The district court, either in term time or in vacation time, shall schedule the appeal for hearing with all reasonable dispatch.

(b) In the proceeding in the district court, formal pleadings shall not be required but, with the court's permission, may be filed.

(c) The trial and decision shall be by the court without the intervention of a jury, and the hearing shall be conducted as though the jurisdiction of the district court were original jurisdiction.

(d) The following matters may be contested in the district court:

(1) all matters that were or might have been presented in the commissioners court;

(2) the validity of the Act under which the district is proposed to be created; and

(3) the regularity of all previous proceedings.
Tex. Health and Safety Code § 300.0154 — TX Code / Code hs / Chapter 300 / Section 300.0154
§ 300.0154. REPORTING REQUIREMENTS.
Status: in_force

(a) The governing body of each local government that authorizes a program under this chapter shall report information to the Health and Human Services Commission regarding the program on a schedule determined by the commission.

(b) The information must include:

(1) the amount of the mandatory payments required and collected in each year the program is authorized;

(2) any expenditure of money attributable to mandatory payments collected under this chapter, including:

(A) any contract with an entity for the administration or operation of a program authorized by this chapter; or

(B) a contract with a person for the assessment and collection of a mandatory payment as authorized under Section 300.0152; and

(3) the amount of money attributable to mandatory payments collected under this chapter that is used for any other purpose.

(c) The executive commissioner of the Health and Human Services Commission shall adopt rules to administer this section.
Tex. Human Resources Code § 242.007 — TX Code / Code hr / Chapter 242 / Section 242.007
§ 242.007. JOB PERFORMANCE EVALUATIONS.
Status: in_force

The executive director shall develop a system of annual performance evaluations that are based on documented employee performance. All merit pay for department employees must be based on the system established under this section.
Tex. Occupations Code § 206.1575 — TX Code / Code oc / Chapter 206 / Section 206.1575
§ 206.1575. CONDUCT OF INVESTIGATION.
Status: in_force

The medical board shall complete a preliminary investigation of a complaint not later than the 30th day after the date of receiving the complaint. The medical board shall first determine whether the surgical assistant constitutes a continuing threat to the public welfare. On completion of the preliminary investigation, the medical board shall determine whether to officially proceed on the complaint. If the medical board fails to complete the preliminary investigation in the time required by this section, the medical board's official investigation is considered to commence on that date.
Tex. Occupations Code § 901.408 — TX Code / Code oc / Chapter 901 / Section 901.408
§ 901.408. CONSEQUENCE OF FAILURE TO PAY CERTAIN FEES.
Status: in_force

(a) A person, other than a person described by Section 901.405(f), who fails to pay the license renewal fee and any late fee before the first anniversary of the due date of the renewal fee may renew the person's license only by submitting to the board an application for renewal accompanied by payment of:

(1) all accrued fees, including late fees; and

(2) the direct administrative costs incurred by the board in renewing the person's license.

(b) The board by rule shall prescribe the information to be included in an application for renewal under this section.
Tex. Transportation Code § 70.041 — TX Code / Code tn / Chapter 70 / Section 70.041
§ 70.041. DEPUTY BRANCH PILOT.
Status: in_force

A person who has been issued a deputy branch pilot's certificate may not be issued a deputy branch pilot's certificate before the fifth anniversary of the date the person was previously issued a deputy branch pilot's certificate.
Tex. Business Organizations Code § 6.153 — TX Code / Code bo / Chapter 6 / Section 6.153
§ 6.153. VOTING OF INTERESTS OWNED BY ANOTHER ENTITY.
Status: in_force

An ownership interest in a domestic entity owned by another entity, whether a domestic or foreign entity, may be voted by the officer, agent, or proxy as authorized by:

(1) the governing documents of the entity that owns the interest; or

(2) the governing authority of the entity that owns the interest, if the governing documents do not provide for the manner of voting.
Tex. Special District Local Laws Code § 1010.104 — TX Code / Code sd / Chapter 1010 / Section 1010.104
§ 1010.104. HOSPITAL SYSTEM.
Status: in_force

(a) The district shall provide for the establishment of a hospital or hospital system in the district by:

(1) purchasing, constructing, acquiring, repairing, or renovating buildings and improvements for hospital and medical care purposes; and

(2) equipping the buildings and improvements for those purposes.

(b) The district shall provide for the administration, maintenance, and operation of the hospital or hospital system to furnish hospital and medical care in the district.

(c) The board shall determine the type, number, and location of buildings required to maintain an adequate hospital system.

(d) The hospital system may include:

(1) domiciliary hospital care of the sick or injured;

(2) outpatient clinics;

(3) dispensaries;

(4) geriatric domiciliary care;

(5) convalescent home facilities;

(6) necessary nurses;

(7) domiciliaries and training centers;

(8) blood banks;

(9) community health centers;

(10) research centers or laboratories; and

(11) any other facilities that the board considers necessary for hospital care.
Tex. Special District Local Laws Code § 1009.005 — TX Code / Code sd / Chapter 1009 / Section 1009.005
§ 1009.005. DISTRICT SUPPORT AND MAINTENANCE NOT STATE OBLIGATION.
Status: in_force

The support and maintenance of the district may not become a charge against or obligation of this state.
Tex. Finance Code § 34.004 — TX Code / Code fi / Chapter 34 / Section 34.004
§ 34.004. RETENTION OF NONPARTICIPATING ROYALTY INTERESTS.
Status: in_force

(a) Notwithstanding Section 34.003(a), a state bank may hold nonparticipating royalty interests if:

(1) the state bank acquires the interest pursuant to Section 34.003(a)(3) or retains the interest in a sale of property acquired under that section;

(2) the interest is nonparticipating due to the fact the interest:

(A) is nonpossessory;

(B) does not bear executive rights, the right of ingress and egress, the right to receive bonus payments, or the right to receive delay rentals; and

(C) is accordingly not subject to expenses of exploration, development, production, operation, maintenance, or abandonment, or other expenses associated with extracting and marketing the minerals subject to the interest;

(3) the interest is reasonably valued on the books of the state bank for not more than a nominal amount, and the aggregate amount of earnings from such interests is separately disclosed in the annual financial statements of the state bank;

(4) the state bank does not make any new investments relating to the interests without the approval of the banking commissioner; and

(5) the banking commissioner determines that the possession of such interests is not inconsistent with the safety and soundness of the state bank.

(b) The banking commissioner may order a state bank that holds nonparticipating royalty interests to divest such interests at any time if the banking commissioner determines that continued ownership of such interests is detrimental to the state bank.

(c) Subject to compliance with this section, nonparticipating royalty interests are not considered to be real property for purposes of this subtitle.
Tex. Utilities Code § 43.103 — TX Code / Code ut / Chapter 43 / Section 43.103
§ 43.103. COST RECOVERY FOR DEPLOYMENT OF MIDDLE MILE BROADBAND FACILITIES.
Status: in_force

(a) Where an electric utility installs facilities used to provide middle mile broadband service under Section 43.051, the electric utility's investment in those facilities is eligible for inclusion in the electric utility's invested capital, and any fees or operating expenses that are reasonable and necessary are eligible for inclusion as operating expenses for purposes of any proceeding under Chapter 36. The commission may allow an electric utility to recover investment and associated costs in middle mile broadband service if the plan for the service has been submitted and approved under Section 43.102.

(b) In a proceeding under Chapter 36, revenue received by an electric utility from an Internet service provider for the use of middle mile broadband service must be applied as a revenue credit to customers in proportion to the customers' funding of the underlying infrastructure.
Tex. Special District Local Laws Code § 9062.155 — TX Code / Code sd / Chapter 9062 / Section 9062.155
§ 9062.155. LIMIT ON EMINENT DOMAIN POWER.
Status: in_force

The district may not exercise the power of eminent domain outside the district.
Tex. Government Code § 311.027 — TX Code / Code gv / Chapter 311 / Section 311.027
§ 311.027. STATUTORY REFERENCES.
Status: in_force

Unless expressly provided otherwise, a reference to any portion of a statute or rule applies to all reenactments, revisions, or amendments of the statute or rule.
Tex. Special District Local Laws Code § 3909.157 — TX Code / Code sd / Chapter 3909 / Section 3909.157
§ 3909.157. TAX AND ASSESSMENT ABATEMENT.
Status: in_force

The district may designate reinvestment zones and may grant abatements of district taxes or assessments on property in the zones.
Tex. Health and Safety Code § 711.021 — TX Code / Code hs / Chapter 711 / Section 711.021
§ 711.021. FORMATION OF CORPORATION TO MAINTAIN AND OPERATE CEMETERY.
Status: in_force

(a) An individual, corporation, partnership, firm, trust, or association may not engage in a business for cemetery purposes in this state unless the person is a corporation organized for those purposes.

(b) A corporation conducting a business for cemetery purposes, including the sale of plots, may be formed only as provided by this section. The corporation must be a filing entity or foreign filing entity, as those terms are defined by Section 1.002, Business Organizations Code.

(b-1) The formation and governance of a nonprofit corporation for cemetery purposes is subject to Sections 711.022 and 711.023.

(c) The charter of a cemetery corporation formed after May 15, 1947, but before September 1, 1993, must state whether the corporation:

(1) is operated for profit or not for profit; and

(2) is operating a perpetual care cemetery or a nonperpetual care cemetery.

(d) A corporation formed before September 3, 1945, under statutory authority other than Section 5, Chapter 340, Acts of the 49th Legislature, Regular Session, 1945 (Article 912a-5, Vernon's Texas Civil Statutes), to maintain and operate a cemetery is governed by this chapter only to the extent that this chapter does not conflict with the charter or articles of incorporation of the corporation.

(e) This section does not apply to a corporation chartered by the state before September 3, 1945, that, under its charter, bylaws, or dedication, created a perpetual care trust fund and maintains that fund in accordance with the corporation's trust agreement, Chapter 712, and this chapter. The corporation may operate a perpetual care cemetery without amending the corporation's charter as if it had been incorporated under this section.

(f) Any cemetery that begins its initial operations on or after September 1, 1993, shall be operated as a perpetual care cemetery in accordance with Chapter 712.

(g) This section does not apply to:

(1) a family, fraternal, or community cemetery that is not larger than 10 acres;

(2) an unincorporated association of plot owners not operated for profit;

(3) a church, a religious society or denomination, or an entity solely administering the temporalities of a church or religious society or denomination; or

(4) a public cemetery belonging to this state or a county or municipality.

(h) A cemetery corporation, including a corporation described by Subsection (d), that does not operate as a perpetual care cemetery in accordance with Chapter 712 may not use the words "perpetual care" or "endowment care," or any other term that suggests "perpetual care" or "endowment care" standards, in:

(1) the cemetery's name; or

(2) any advertising relating to the cemetery.
Tex. Occupations Code § 1201.208 — TX Code / Code oc / Chapter 1201 / Section 1201.208
§ 1201.208. PAYMENT OF TAXES REQUIRED FOR ISSUANCE OF STATEMENT OF OWNERSHIP.
Status: in_force

(a) Any licensee who sells or exchanges a new manufactured home to any consumer is responsible for the payment of all required sales and use tax on such home.

(b) If it is determined that a new manufactured home was sold or exchanged without the required sales and use tax being paid, the payment shall be made from the fund, up to the available penal amount of the licensee's bond or the remaining balance of the security for the license, and a claim for reimbursement shall be filed with the licensee's surety or the amount deducted from the security for the license.
Tex. Insurance Code § 1551.210 — TX Code / Code in / Chapter 1551 / Section 1551.210
§ 1551.210. ACTUARIAL ADVICE FOR SELF-FUNDED COVERAGE.
Status: in_force

A qualified actuary selected by the board of trustees shall advise the board regarding an actuarially sound level of contributions required to provide coverage directly from the employees life, accident, and health insurance and benefits fund.
Tex. Insurance Code § 885.152 — TX Code / Code in / Chapter 885 / Section 885.152
§ 885.152. ELIGIBILITY TO PROVIDE BENEFITS.
Status: in_force

After June 1, 1965, a corporation, society, order, or voluntary association may qualify as a fraternal benefit society as defined by Section 885.051 for the purpose of providing for the payment of benefits as provided by Section 885.301 only if it:

(1) has at least 500 members and at least 10 lodges; and

(2) has been in continuous operation for at least the five years preceding the filing of its articles of incorporation or association as provided by Section 885.153.