reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 3 - Vital Statistics › Chapter 193 - Death Records › Section 193.008. Burial-Transit Permit

Sec. 193.008.  BURIAL-TRANSIT PERMIT.  (a)  A burial-transit permit issued under the law and rules of a place outside of this state in which a death or fetal death occurred authorizes the transportation of the body in this state.  A cemetery or crematory shall accept the permit as authorization for burial, cremation, or other disposal of the body in this state.
(b)  The department shall prescribe the form and contents of the burial-transit permit.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 3 - Vital Statistics › Chapter 193 - Death Records › Section 193.009. Burial Records

Sec. 193.009.  BURIAL RECORDS.  (a)  The person in charge of premises on which interments are made shall keep a record of the bodies interred or otherwise disposed of on the premises.
(b)  The records must include for each decedent:
(1)  the decedent's name;
(2)  the place of death;
(3)  the date of interment or disposal;
(4)  the name and address of the funeral director;  and
(5)  any other information required by the state registrar.
(c)  The records are open to official inspection at all times.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 3 - Vital Statistics › Chapter 193 - Death Records › Section 193.010. Certificate of Death by Catastrophe

Sec. 193.010.  CERTIFICATE OF DEATH BY CATASTROPHE.  (a)  In this section, "catastrophe" means the occurrence of a substantial force that causes widespread or severe damage, injury, or loss of life or property and from which it is not reasonable to assume that a person could survive, including:
(1)  flood, earthquake, tornado, or other natural disaster;
(2)  explosion, fire, or destruction of a building;
(3)  the crash of a motor vehicle, train, or airplane involving more than one person;  or
(4)  the overtaking of more than one person by fire, water, earth, or other substance.
(b)  A local registrar shall issue and file a certificate of death by catastrophe for a person if:
(1)  an affidavit is submitted to the registrar stating that:
(A)  the person was last reasonably believed to be at the scene of a catastrophe;
(B)  at least 10 days have passed since the day of the catastrophe;
(C)  a diligent search has been made by a governmental authority and the authority has concluded the search for the person;
(D)  the catastrophe was not intentionally caused by the person;  and
(E)  the affiant:
(i)  does not know whether the person is alive or dead;
(ii)  has not received any information about the person's status since the catastrophe and, barring the person's death, would have received information about the person's status;
(iii)  is not aware of any custody or guardianship issues involving the person, if the person is a minor or a person for whom a guardian has been appointed;  and
(iv)  is not aware of any reasonable motive for the person to disappear or for another person to abduct the person;  and
(2)  a written statement signed by an agent of the governmental authority that conducts a search under Subdivision (1)(C) is submitted to the registrar stating that the governmental authority conducted and concluded a search for the person.
(c)  The department may issue a certificate of death by catastrophe for a minor or a person for whom a guardian has been appointed who is the subject of a custody or guardianship dispute only if all parties to the dispute submit an affidavit under Subsection (b).
(d)  An insurer shall accept as proof of death of an insured a certificate of death by catastrophe issued under this section.
Added by Acts 2003, 78th Leg., ch. 1098, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 3 - Vital Statistics › Chapter 193 - Death Records › Section 193.011. Memorandum of Understanding on Suicide Data

Sec. 193.011.  MEMORANDUM OF UNDERSTANDING ON SUICIDE DATA.  (a)  In this section, "authorized entity" means a medical examiner, a local registrar, a local health authority, a local mental health authority, a community mental health center, a mental health center that acts as a collection agent for the suicide data reported by community mental health centers, or any other political subdivision of this state.
(b)  An authorized entity may enter into a memorandum of understanding with another authorized entity to share suicide data that does not name a deceased individual.  The shared data may include:
(1)  the deceased individual's date of birth, race or national origin, gender, and zip code of residence;
(2)  any school or college the deceased individual was attending at the time of death;
(3)  the suicide method used by the deceased individual;
(4)  the deceased individual's status as a veteran or member of the armed services; and
(5)  the date of the deceased individual's death.
(c)  The suicide data an authorized entity receives or provides under Subsection (b) is not confidential.
(d)  An authorized entity that receives suicide data under a memorandum of understanding authorized by this section may periodically release suicide data that does not name a deceased individual to an agency or organization with recognized expertise in suicide prevention.  The agency or organization may use suicide data received by the agency or organization under this subsection only for suicide prevention purposes.
(e)  An authorized entity or an employee or agent of an authorized entity is not civilly or criminally liable for receiving or providing suicide data that does not name a deceased individual and that may be shared under a memorandum of understanding authorized by this section.
(f)  This section does not prohibit the sharing of data as authorized by other law.
Added by Acts 2009, 81st Leg., R.S., Ch. 100 (H.B. 1067), Sec. 2, eff. May 23, 2009.
2023 Texas Statutes › Health and Safety Code › Title 3 - Vital Statistics › Chapter 193 - Death Records › Section 193.012. Notice of Certain Death Certificate Amendments

Sec. 193.012.  NOTICE OF CERTAIN DEATH CERTIFICATE AMENDMENTS.  For a death certificate that is not a pending death certificate, a person who submits to the department a request for an amendment to modify the medical certification information on the certificate shall provide in the manner prescribed by the department written notice of the modification to a decedent's next of kin.
Added by Acts 2021, 87th Leg., R.S., Ch. 12 (H.B. 723), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 3 - Vital Statistics › Chapter 194 - Marriage and Divorce Records › Section 194.001. Report of Marriage

Sec. 194.001.  REPORT OF MARRIAGE.  (a)  The county clerk shall file with the vital statistics unit a copy of each completed marriage license application and a copy of any affidavit of an absent applicant submitted with an application.  The clerk shall file the copies not later than the 90th day after the date of the application.  The clerk may not collect a fee for filing the copies.
(b)  The county clerk shall file with the vital statistics unit a copy of each declaration of informal marriage executed under Section 2.402, Family Code. The clerk shall file the copy not later than the 90th day after the date on which the declaration is executed.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 650 (H.B. 869), Sec. 5, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0560, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 3 - Vital Statistics › Chapter 194 - Marriage and Divorce Records › Section 194.0011. Marriage License Applications

Sec. 194.0011.  MARRIAGE LICENSE APPLICATIONS.  (a)  The executive commissioner by rule shall prescribe the format and content of the department form used for the marriage license application. The form must:
(1)  require identification of the county in which the application is submitted; and
(2)  allow, but may not require, the name of the county clerk to appear on the application.
(b)  The vital statistics unit shall print and distribute the department forms to each county clerk throughout the state.
(c)  The department form shall replace locally adopted forms.
(d)  A county clerk may reproduce the department form locally.
Added by Acts 1991, 72nd Leg., ch. 96, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0561, eff. April 2, 2015.
Acts 2017, 85th Leg., R.S., Ch. 695 (H.B. 555), Sec. 2, eff. June 12, 2017.
2023 Texas Statutes › Health and Safety Code › Title 3 - Vital Statistics › Chapter 194 - Marriage and Divorce Records › Section 194.002. Report of Divorce or Annulment

Sec. 194.002.  REPORT OF DIVORCE OR ANNULMENT.  (a)  The department shall prescribe a form for reporting divorces and annulments of marriage.  The form must require the following information:
(1)  each party's:
(A)  full name;
(B)  usual residence;
(C)  age;
(D)  place of birth;
(E)  color or race; and
(F)  number of children;
(2)  the date and place of the parties' marriage;
(3)  the date the divorce or annulment of marriage was granted; and
(4)  the court and the style and docket number of the case in which the divorce or annulment of marriage was granted.
(b)  The vital statistics unit shall furnish sufficient copies of the form to each district clerk.
(c)  When an attorney presents a final judgment for a divorce or annulment of marriage to a court for a final decree, the attorney shall:
(1)  enter on the form the information required under Subsection (a);  and
(2)  submit the report to the district clerk with the final judgment.
(d)  Not later than the ninth day of each month, each district clerk shall file with the vital statistics unit a completed report for each divorce or annulment of marriage granted in the district court during the preceding calendar month.  If a report does not include the information required by Subsection (a)(3) or (4), the clerk must complete that information on the report before the clerk files the report with the unit.
(e)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(e), eff. January 1, 2022.
(f)  If the department determines that a report filed with the department under this section requires correction, the department shall mail the report form directly to an attorney of record with respect to the divorce or annulment of marriage.  The attorney shall return the corrected report form to the department.  If there is no attorney of record, the department shall mail the report form to the district clerk for correction.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 1128, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 186 (H.B. 723), Sec. 1, eff. May 27, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0562, eff. April 2, 2015.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(e), eff. January 1, 2022.
2023 Texas Statutes › Health and Safety Code › Title 3 - Vital Statistics › Chapter 194 - Marriage and Divorce Records › Section 194.003. State Index

Sec. 194.003.  STATE INDEX.  (a)  The vital statistics unit shall maintain a statewide alphabetical index, under the names of both parties, of each marriage license application or declaration of informal marriage.  The statewide index does not replace the indexes required in each county.
(b)  The vital statistics unit shall maintain a statewide alphabetical index, under the names of both parties, of each report of divorce or annulment of marriage.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0563, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 3 - Vital Statistics › Chapter 194 - Marriage and Divorce Records › Section 194.004. Release of Information

Sec. 194.004.  RELEASE OF INFORMATION.  (a)  The vital statistics unit shall furnish on request any information it has on record relating to any marriage, divorce, or annulment of marriage.
(b)  The vital statistics unit may not issue:
(1)  a certificate or a certified copy of information relating to a marriage; or
(2)  a certified copy of a report of divorce or annulment of marriage.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 61, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0564, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 3 - Vital Statistics › Chapter 194 - Marriage and Divorce Records › Section 194.005. Heirloom Wedding Anniversary Certificate

Sec. 194.005.  HEIRLOOM WEDDING ANNIVERSARY CERTIFICATE.  (a)  The department shall promote the sale of an heirloom wedding anniversary certificate.  The department shall solicit donated designs for the certificate from Texas artists and select the best donated designs for the form of the certificate.
(b)  The department shall collect a $50 fee for the issuance of an heirloom wedding anniversary certificate.
(c)  The executive commissioner shall adopt rules designating certain milestone wedding anniversary dates and shall design and promote heirloom wedding anniversary certificates celebrating those anniversary dates.
(d)  The department shall create an heirloom wedding anniversary certificate ordering system that includes printed order forms available through the department and an online ordering system.
(e)  An heirloom wedding anniversary certificate produced by the department under this section must be printed on parchment paper and be not smaller than 11 inches by 14 inches in size.
(f)  An heirloom wedding anniversary certificate produced by the department under this section is not a marriage license under this chapter or Chapter 2, Family Code, and does not establish and may not be used to establish a marriage relationship.
(g)  The department shall deposit proceeds it receives from the issuance of heirloom wedding anniversary certificates to the credit of the childhood immunization account.  The childhood immunization account is an account in the general revenue fund.  Money in the account may be used only by the department for:
(1)  making grants to fund childhood immunizations and related education programs; and
(2)  administering this section.
Added by Acts 2005, 79th Leg., Ch. 1264 (H.B. 2100), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0565, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 3 - Vital Statistics › Chapter 195 - Enforcement of Vital Statistics Reporting › Section 195.001. Enforcement of Title; Reports by Local Registrar

Sec. 195.001.  ENFORCEMENT OF TITLE;  REPORTS BY LOCAL REGISTRAR.  (a)  The local registrar in each local registration district shall enforce this title under the supervision and direction of the state registrar.
(b)  A local registrar shall report immediately to the state registrar a violation of this title of which the local registrar has knowledge by observation, by complaint of another person, or by other means.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 3 - Vital Statistics › Chapter 195 - Enforcement of Vital Statistics Reporting › Section 195.002. Supervision and Investigation by State Registrar

Sec. 195.002.  SUPERVISION AND INVESTIGATION BY STATE REGISTRAR.  (a)  The state registrar shall execute this title throughout the state.  To ensure uniform compliance with this title, the state registrar has supervisory power over local registrars, deputy registrars, and subregistrars.
(b)  The state registrar or the state registrar's representative may investigate cases of irregularity or violations of law.  On request, any other registrar shall aid in the investigation.
(c)  If the state registrar considers it necessary, the state registrar shall report a violation of this title to the appropriate district or county attorney for prosecution.  The report must include a statement of the facts and circumstances.  The district or county attorney shall immediately initiate and promptly follow up the necessary court proceedings against the person or corporation responsible for the alleged violation.
(d)  On the request of the state registrar, the attorney general shall assist in enforcing this title.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 3 - Vital Statistics › Chapter 195 - Enforcement of Vital Statistics Reporting › Section 195.003. False Records

Sec. 195.003.  FALSE RECORDS.  (a)  A person commits an offense if the person intentionally or knowingly makes a false statement or directs another person to make a false statement in:
(1)  a certificate, record, or report required under this title;
(2)  an application for an amendment of a certificate, record, or report required under this title;
(3)  an application for a delayed birth certificate or delayed death certificate;  or
(4)  an application for a certified copy of a vital record.
(b)  A person commits an offense if the person intentionally or knowingly supplies false information, or intentionally or knowingly creates a false record, or directs another person to supply false information or create a false record, for use in the preparation of a certificate, record, report, or amendment under this title.
(c)  A person commits an offense if the person, without lawful authority and with intent to deceive, makes, counterfeits, alters, amends, or mutilates or directs another person to make, counterfeit, alter, amend, or mutilate:
(1)  a certificate, record, or report required under this title;  or
(2)  a certified copy of a certificate, record, or report required under this title.
(d)  A person commits an offense if the person, for purposes of deception, intentionally or knowingly obtains, possesses, uses, sells, or furnishes, or attempts or directs another person to attempt to obtain, possess, use, sell, or furnish a certificate, record, or report required under this title, or a certified copy of a certificate, record, or report required under this title, if the document:
(1)  is made, counterfeited, altered, amended, or mutilated without lawful authority and with intent to deceive;
(2)  is false in whole or in part;  or
(3)  relates to the birth of another individual.
(e)  A person commits an offense if the person intentionally or knowingly fraudulently identifies himself or herself to obtain or return registration forms, certificates, or any other forms required under this title.
(f)  An offense under this section is a felony of the third degree.
(g)  In this section, "person" means an individual, corporation, or association.
(h)  If a person is convicted of an offense under this section, the court shall order as a condition of probation that the person cannot obtain a certificate, record, or report to which this section applies or practice midwifery, and the Texas Department of Criminal Justice shall require as a condition of parole that the person cannot obtain a certificate, record, or report to which this section applies or practice midwifery.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 15, Sec. 5.15, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 3 - Vital Statistics › Chapter 195 - Enforcement of Vital Statistics Reporting › Section 195.004. Failure to Perform Duty

Sec. 195.004.  FAILURE TO PERFORM DUTY.  (a)  A person commits an offense if the person refuses or fails to furnish correctly any information in the person's possession affecting a certificate or record required under this title.
(b)  A person commits an offense if the person fails, neglects, or refuses to fill out a birth or death certificate and to file the certificate with the local registrar or deliver it on request to the person with the duty to file it, as required by this title.
(c)  A local registrar, deputy registrar, or subregistrar commits an offense if that person fails, neglects, or refuses to perform a duty under this title or under instructions and directions of the state registrar given under this title.
(d)  Except as provided by Subsection (d-1), an offense under this section is a Class C misdemeanor.
(d-1)  An offense under this section for failure to perform a duty required by Section 192.003 is a Class A misdemeanor.
(e)  In this section, "person" means an individual, corporation, or association.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 222 (H.B. 253), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 3 - Vital Statistics › Chapter 195 - Enforcement of Vital Statistics Reporting › Section 195.005. Disclosure of Confidential Information

Sec. 195.005.  DISCLOSURE OF CONFIDENTIAL INFORMATION.  (a)  A person commits an offense if the person knowingly violates Section 192.002(b), knowingly induces or causes another to violate that section, or knowingly fails to comply with a rule adopted under that section.
(b)  An offense under this section is a Class A misdemeanor.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 62, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter A. General Provisions › Section 221.001. Short Title

Sec. 221.001.  SHORT TITLE.  This chapter may be cited as the Health Facilities Development Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter A. General Provisions › Section 221.002. Purpose; Construction

Sec. 221.002.  PURPOSE;  CONSTRUCTION.  (a)  The purpose of this chapter is to enable a municipality, county, or hospital district to create a corporation with the power to provide, expand, and improve health facilities that the corporation determines are needed to improve the adequacy, cost, and accessibility of health care, research, and education in the state.
(b)  The legislature intends that a corporation created under this chapter be a public corporation, constituted authority, and instrumentality authorized to issue bonds on behalf of its sponsoring entity for the purposes of Section 103, Internal Revenue Code of 1986 (26 U.S.C. Section 103).  This chapter and the rules and rulings issued under this chapter shall be construed according to this intent.
(c)  This chapter shall be liberally construed to conform to the intent of the legislature expressed by this section.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter A. General Provisions › Section 221.004. Adoption of Alternate Procedure

Sec. 221.004.  ADOPTION OF ALTERNATE PROCEDURE.  If a court holds that a procedure under this chapter violates the federal or state constitution, a development corporation by resolution may provide an alternate procedure that conforms to the constitution.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter A. General Provisions › Section 221.005. Effect of Chapter on Other Law

Sec. 221.005.  EFFECT OF CHAPTER ON OTHER LAW.  (a)  This chapter does not limit the police powers provided by law to the state, a municipality, or other political subdivision of the state or an official or agency of the state, a municipality, or other political subdivision of the state over property of a corporation.
(b)  This chapter does not exempt a corporation or user from compliance with Chapter 104 or 225.
(c)  A sponsoring entity or development corporation may use other law not in conflict with this chapter to the extent convenient or necessary to carry out a power or authority expressly or impliedly granted by this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.011. Authority to Create

Sec. 221.011.  AUTHORITY TO CREATE.  (a)  A sponsoring entity may create one or more nonmember, nonstock development corporations for the sole public purpose of acquiring, constructing, providing, improving, financing, and refinancing a health facility to assist the maintenance of public health.
(b)  The sponsoring entity may use the development corporation to:
(1)  provide a health facility to promote and develop health care, research, and education for the public purpose of promoting the health and welfare of state citizens;  and
(2)  issue bonds on the sponsoring entity's behalf to finance the cost of the health facility.
(c)  The sponsoring entity may not lend its credit or grant public money or other thing of value in aid of a development corporation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.012. Procedure

Sec. 221.012.  PROCEDURE.  (a)  If the governing body of a sponsoring entity determines that it is in the public interest and to the benefit of the sponsoring entity's residents and the citizens of this state that a development corporation be created to promote and develop new, expanded, or improved health facilities to assist the maintenance of the public health and welfare, the governing body, by resolution stating that determination, may authorize and approve creation of a development corporation, and shall approve proposed articles of incorporation for the development corporation.
(b)  No fewer than three residents of the sponsoring entity who are each at least 18 years of age may act as incorporators of the development corporation by signing and verifying the articles of incorporation and delivering the original and two copies of the articles of incorporation to the secretary of state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.013. Articles of Incorporation

Sec. 221.013.  ARTICLES OF INCORPORATION.  (a)  The articles of incorporation of a development corporation must include:
(1)  the corporation's name;
(2)  a statement that the corporation is a nonprofit public corporation;
(3)  the duration of the corporation, which may be perpetual;
(4)  a statement that the purpose of the corporation is to acquire, construct, provide, improve, finance, and refinance a health facility to assist the maintenance of the public health;
(5)  a statement that the corporation has no members and is a nonstock corporation;
(6)  the street address of the corporation's initial registered office and the name of its initial registered agent at that address;
(7)  the number of directors on the initial board of directors and those directors' names and addresses;
(8)  each incorporator's name and street address;
(9)  the sponsoring entity's name and address;  and
(10)  a statement that the sponsoring entity by resolution has specifically authorized the corporation to act on its behalf to further the public purpose set forth in the articles of incorporation, and has approved the articles of incorporation.
(b)  The corporate powers enumerated in this chapter are not required to be included in the articles of incorporation.
(c)  The articles of incorporation may include provisions for the regulation of the internal affairs of the development corporation, including a provision required or permitted by this chapter to be in the bylaws.
(d)  Except as provided by Subsection (e), if a bylaw conflicts with the articles of incorporation, the articles of incorporation control.
(e)  Unless the articles of incorporation provide that a change in the number of directors may be made only by amendment to those articles, the change may be made by amendment to the bylaws.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.014. Certificate of Incorporation

Sec. 221.014.  CERTIFICATE OF INCORPORATION.  (a)  The incorporators shall deliver to the secretary of state the original and two copies of the articles of incorporation and a certified copy of the resolution by the sponsoring entity's governing body approving the articles of incorporation.
(b)  If the secretary of state finds that the articles of incorporation comply with this chapter and have been approved by the sponsoring entity's governing body, the secretary of state, on payment of all fees required by this chapter, shall:
(1)  write "filed" on the original and each copy of the articles of incorporation and the month, day, and year of the filing;
(2)  file the original in the office of the secretary of state;  and
(3)  issue two certificates of incorporation with a copy of the articles of incorporation attached to each.
(c)  The secretary of state shall deliver a certificate of incorporation, with a copy of the articles of incorporation attached, to the incorporators or their representative and to the sponsoring entity's governing body.
(d)  The development corporation's existence begins on issuance of the certificate of incorporation.  The certificate of incorporation is conclusive evidence that all conditions precedent required to be performed by the incorporators and by the sponsoring entity have been performed and that the corporation has been incorporated under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.015. Organizational Meeting

Sec. 221.015.  ORGANIZATIONAL MEETING.  (a)  After issuance of the certificate of incorporation and at the call of a majority of the incorporators, the board of directors named in the articles of incorporation shall hold an organizational meeting in this state to adopt bylaws and elect officers and for any other purposes.
(b)  Not later than the sixth day before the date of the meeting, the incorporators shall mail notice, postage prepaid, to each director of the time and place of the meeting.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Sec. 221.016.  AMENDMENT OF ARTICLES OF INCORPORATION.  (a)  Articles of incorporation may be amended to contain any provision that is lawful under this chapter if the sponsoring entity's governing body by appropriate resolution determines that the amendment is advisable and authorizes or directs that an amendment be made.
(b)  The development corporation's president or vice-president and secretary or assistant secretary, or the presiding officer and the secretary or clerk of the sponsoring entity's governing body, shall execute articles of amendment on behalf of the development corporation.  An officer signing the articles of amendment shall verify those articles.
(c)  The articles of amendment must include:
(1)  the name of the development corporation;
(2)  if the amendment alters a provision of the original or amended articles of incorporation, an identification by reference or description of the altered provision and a statement of its text as amended;
(3)  if the amendment is an addition to the original or amended articles of incorporation, a statement of that fact and the full text of each added provision;
(4)  the name and current address of the sponsoring entity;
(5)  a statement that the amendment was authorized by the governing body of the sponsoring entity;  and
(6)  the date of the meeting at which the governing body adopted or approved the amendment.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.017. Certificate of Amendment

Sec. 221.017.  CERTIFICATE OF AMENDMENT.  (a)  The original and two copies of the articles of amendment and a certified copy of the resolution of the sponsoring entity's governing body authorizing the articles shall be delivered to the secretary of state.
(b)  If the secretary of state finds that the articles of amendment comply with this chapter and are authorized by the sponsoring entity's governing body, the secretary of state, on payment of all fees required by this chapter, shall:
(1)  write "filed" on the original and each copy of the articles of amendment and the month, day, and year of the filing;
(2)  file the original in the office of the secretary of state;  and
(3)  issue two certificates of amendment with a copy of the articles of amendment attached to each.
(c)  The secretary of state shall deliver to the development corporation or its representative and to the sponsoring entity's governing body a certificate of amendment with a copy of the articles of amendment attached.
(d)  The amendment to the articles of incorporation takes effect on issuance of the certificate of amendment.
(e)  An amendment does not affect an existing cause of action in favor of or against the development corporation, a pending suit to which the corporation is a party, or an existing right of any person.  Change of the corporate name by amendment does not abate a suit brought by or against the corporation under its former name.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.018. Restated Articles of Incorporation

Sec. 221.018.  RESTATED ARTICLES OF INCORPORATION.  (a)  A development corporation may authorize, execute, and file restated articles of incorporation by following the procedure to amend articles of incorporation, including obtaining authorization from the sponsoring entity's governing body.
(b)  The restated articles of incorporation must restate the entire text of the articles of incorporation as amended or supplemented by all previous certificates of amendment.  The restated articles of incorporation may also contain further amendments to the articles of incorporation.
(c)  Unless the restated articles of incorporation include amendments that were not previously in the articles of incorporation and previous certificates of amendment, the introductory paragraph of the restated articles of amendment must contain a statement that the instrument accurately copies the articles of incorporation and all amendments that are in effect on the date of the filing without further changes, except that the number of directors then constituting the board of directors and those directors' names and addresses may be inserted in place of the similar information concerning the initial board of directors, and the incorporators' names and addresses may be omitted.
(d)  If the restated articles of incorporation contain further amendments not included in the articles of incorporation and previous certificates of amendment, the instrument containing the restated articles of incorporation must:
(1)  include for each further amendment a statement that the amendment has been made in conformity with this chapter;
(2)  include the statements required by this chapter to be contained in articles of amendment, except that the full text of the amendment need not be included except in the restated articles of incorporation as amended;
(3)  contain a statement that the instrument accurately copies the articles of incorporation and all previous amendments in effect on the date of the filing, as further amended by the restated articles of incorporation, and that the instrument does not contain any other change, except that the number of directors then constituting the board of directors and those directors' names and addresses may be inserted in place of the similar information concerning the initial board of directors, and the incorporators' names and addresses may be omitted;  and
(4)  restate the entire text of the articles of incorporation as amended and supplemented by all previous certificates of amendment and as further amended by the restated articles of incorporation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.019. Restated Certificate of Incorporation

Sec. 221.019.  RESTATED CERTIFICATE OF INCORPORATION.  (a)  The original and two copies of the restated articles of incorporation and a certified copy of the resolution of the sponsoring entity's governing body authorizing the articles shall be delivered to the secretary of state.
(b)  If the secretary of state finds that the restated articles of incorporation comply with this chapter and have been authorized by the sponsoring entity's governing body, the secretary of state, on payment of all fees required by this chapter, shall:
(1)  write "filed" on the original and each copy of the restated articles of incorporation and the month, day, and year of the filing;
(2)  file the original in the office of the secretary of state;  and
(3)  issue two restated certificates of incorporation with a copy of the restated articles of incorporation attached to each.
(c)  The secretary of state shall deliver a restated certificate of incorporation, with a copy of the restated articles of incorporation attached, to the development corporation or its representative and to the sponsoring entity's governing body.
(d)  On issuance by the secretary of state of the restated certificate of incorporation, the original articles of incorporation and all amendments are superseded and the restated articles of incorporation become the development corporation's articles of incorporation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.020. Registered Office and Agent

Sec. 221.020.  REGISTERED OFFICE AND AGENT.  (a)  A development corporation shall continuously maintain a registered office and registered agent in this state.
(b)  The registered office may be, but need not be, the same as the development corporation's principal office.  The registered agent may be:
(1)  an individual resident of this state whose business office is the same as the registered office;  or
(2)  a domestic or foreign profit or nonprofit corporation that is authorized to transact business or conduct affairs in this state and that has a principal or business office that is the same as the registered office.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.021. Change of Registered Office or Agent

Sec. 221.021.  CHANGE OF REGISTERED OFFICE OR AGENT.  (a)  A development corporation may change its registered office, registered agent, or both, by filing the original and a copy of a statement in the office of the secretary of state.  The president or vice-president of the corporation shall execute and verify the statement.
(b)  The statement must include:
(1)  the development corporation's name;
(2)  the post office address of the corporation's current registered office;
(3)  if the registered office is to be changed, the post office address of the corporation's new registered office;
(4)  the name of the corporation's registered agent;
(5)  if the registered agent is to be changed, the name of the successor registered agent;
(6)  a statement that, after the change, the post office address of the registered office will be the same as the post office address of the business office of the registered agent;  and
(7)  a statement that the change was authorized by the board of directors or by a corporate officer authorized by the board of directors to make the change.
(c)  If the secretary of state finds that the statement complies with this chapter, the secretary of state, when all fees have been paid as required by this chapter, shall:
(1)  write "filed" on the original and each copy of the statement and the month, day, and year of the filing;
(2)  file the original statement in the office of the secretary of state;  and
(3)  return the copy of the statement to the corporation or its representative.
(d)  The change made by the statement takes effect on the filing of the statement.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.022. Resignation of Registered Agent

Sec. 221.022.  RESIGNATION OF REGISTERED AGENT.  (a)  A registered agent of a development corporation may resign by:
(1)  mailing or delivering written notice to the corporation;  and
(2)  filing the original and two copies of the notice in the office of the secretary of state not later than the 10th day after the date the notice is mailed or delivered to the corporation.
(b)  The notice must include the development corporation's last known address, a statement that written notice was given to the corporation, and the date the written notice was given to the corporation.
(c)  If the secretary of state finds that the notice complies with this chapter, the secretary of state, on payment of all fees required by this chapter, shall:
(1)  write "filed" on the original notice and both copies and the month, day, and year of the filing;
(2)  file the original notice in the office of the secretary of state;
(3)  return one copy of the notice to the resigning registered agent;  and
(4)  deliver one copy of the notice to the development corporation at the address shown in the notice.
(d)  The resignation takes effect on the 31st day after the date the notice is received by the secretary of state.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.023. Agents for Service

Sec. 221.023.  AGENTS FOR SERVICE.  (a)  The president, each vice-president, and the registered agent of a development corporation are the corporation's agents on whom may be served a process, notice, or demand required or permitted by law to be served on the corporation.
(b)  If a development corporation fails to appoint or maintain a registered agent in this state, or if the registered agent cannot with reasonable diligence be found at the registered office, the secretary of state is an agent of the corporation on whom a process, notice, or demand may be served.
(c)  The secretary of state may be served by delivering two copies of the process, notice, or demand to the secretary of state, the deputy secretary of state, or a clerk in charge of the corporation department of the secretary of state's office.  The secretary of state shall immediately forward one copy of the process, notice, or demand by registered mail to the development corporation at its registered office.
(d)  Service on the secretary of state is returnable not earlier than the 30th day after the date of the service.
(e)  The secretary of state shall keep a record of each process, notice, and demand served, including the time of the service and the action of the secretary of state in reference to the process, notice, or demand.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 41 (H.B. 297), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.024. Board

Sec. 221.024.  BOARD.  (a)  A development corporation's affairs are governed by a board of directors composed of at least three individuals appointed by the sponsoring entity's governing body.  Directors may be divided into classes.
(b)  A director serves for a term of not more than six years.  The terms of directors of different classes may be of different lengths.
(c)  A director holds office for the term to which the director is appointed and until a successor is appointed and has qualified.
(d)  The sponsoring entity's governing body may remove a director for cause or at any time without cause.
(e)  A director serves without compensation but is entitled to reimbursement for actual expenses incurred in the performance of duties under this chapter.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 4 - Health Facilities › Subtitle A - Financing, Constructing, Regulating, and Inspecting Health Facilities › Chapter 221 - Health Facilities Development Act › Subchapter B. Creation and Operation of Development Corporation › Section 221.025. Officers

Sec. 221.025.  OFFICERS.  (a)  The officers of a development corporation are:
(1)  the president, vice-president, and secretary;  and
(2)  other officers, including a treasurer, and assistant officers considered necessary.
(b)  An officer is elected or appointed at the time, in the manner, and for the term provided by the articles of incorporation or bylaws, except that an officer's term may not exceed three years.  If the articles of incorporation or bylaws do not contain those requirements, the board of directors shall elect or appoint each officer annually.
(c)  A person may simultaneously hold more than one office, except that the same person may not simultaneously hold the offices of president and secretary.
(d)  An officer may be removed by the persons authorized to elect or appoint that officer if those persons believe the best interests of the corporation will be served by the removal.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.