reglab/statecodes huggingface dataset:
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 246 - Industries Program › Section 246.008. Lease of Land

Sec. 246.008.  LEASE OF LAND.  (a)  The department may lease land owned by the department to a private business to expand and develop the industries program.
(b)  The term of the lease may not exceed 20 years.
(c)  The business must lease the land at fair market value.
(d)  The business may construct a new facility on the land or convert an existing facility.
Transferred, redesignated and amended from Human Resources Code, Subchapter I, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.008, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle C - Secure Facilities › Chapter 246 - Industries Program › Section 246.009. Optional Ad Valorem Tax Abatement

Sec. 246.009.  OPTIONAL AD VALOREM TAX ABATEMENT.  (a)  A business contracting with the department may enter into an ad valorem tax abatement agreement under Subchapters B and C, Chapter 312, Tax Code, with the governing body of the municipality and county in which the business is located.
(b)  If an area in which businesses contracting with the department under this subchapter is designated as a reinvestment zone under Chapter 312, Tax Code, the area satisfies Section 312.202(a)(6), Tax Code, in that the area would be reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the entity designating the area as a reinvestment zone.
Transferred, redesignated and amended from Human Resources Code, Subchapter I, Chapter 61 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.008, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle D - Independent Ombudsman › Chapter 261 - Independent Ombudsman › Subchapter A. General Provisions › Section 261.001. Definitions

Sec. 261.001.  DEFINITIONS.  In this chapter:
(1)   "Independent ombudsman" means the individual who has been appointed under this chapter to the office of independent ombudsman.
(2)  "Office" means the office of independent ombudsman created under this chapter.
Transferred, redesignated and amended from Human Resources Code, Chapter 64 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.010, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle D - Independent Ombudsman › Chapter 261 - Independent Ombudsman › Subchapter A. General Provisions › Section 261.002. Establishment; Purpose

Sec. 261.002.  ESTABLISHMENT; PURPOSE.  The office of independent ombudsman is a state agency established for the purpose of investigating, evaluating, and securing the rights of children:
(1)  committed to the department, including a child released under supervision before final discharge; and
(2)  adjudicated for conduct that constitutes an offense and placed in a facility operated by or contracted with a juvenile probation department or juvenile board.
Transferred, redesignated and amended from Human Resources Code, Chapter 64 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.010, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 46, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle D - Independent Ombudsman › Chapter 261 - Independent Ombudsman › Subchapter A. General Provisions › Section 261.003. Independence

Sec. 261.003.  INDEPENDENCE.  (a)  The independent ombudsman in the performance of its duties and powers under this chapter acts independently of the department.
(b)  Funding for the independent ombudsman is appropriated separately from funding for the department.
Transferred, redesignated and amended from Human Resources Code, Chapter 64 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.010, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle D - Independent Ombudsman › Chapter 261 - Independent Ombudsman › Subchapter B. Appointment and Management of Office › Section 261.051. Appointment of Independent Ombudsman

Sec. 261.051.  APPOINTMENT OF INDEPENDENT OMBUDSMAN.  (a)  The governor shall appoint the independent ombudsman with the advice and consent of the senate for a term of two years, expiring February 1 of odd-numbered years.
(b)  A person appointed as independent ombudsman is eligible for reappointment.
Transferred, redesignated and amended from Human Resources Code, Chapter 64 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.010, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1033 (H.B. 2733), Sec. 9, eff. September 1, 2013.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle D - Independent Ombudsman › Chapter 261 - Independent Ombudsman › Subchapter B. Appointment and Management of Office › Section 261.052. Assistants

Sec. 261.052.  ASSISTANTS.  The independent ombudsman may hire assistants to perform, under the direction of the independent ombudsman, the same duties and exercise the same powers as the independent ombudsman.
Transferred, redesignated and amended from Human Resources Code, Chapter 64 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.010, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle D - Independent Ombudsman › Chapter 261 - Independent Ombudsman › Subchapter B. Appointment and Management of Office › Section 261.053. Conflict of Interest

Sec. 261.053.  CONFLICT OF INTEREST.  (a)  A person may not serve as independent ombudsman or as an assistant to the independent ombudsman if the person or the person's spouse:
(1)  is employed by or participates in the management of a business entity or other organization receiving funds from the department;
(2)  owns or controls, directly or indirectly, any interest in a business entity or other organization receiving funds from the department; or
(3)  uses or receives any amount of tangible goods, services, or funds from the department.
(b)  A person may not serve as independent ombudsman or as an assistant to the independent ombudsman if the person or the person's spouse is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department.
(c)  A person may not serve as independent ombudsman or as an assistant to the independent ombudsman if the person or the person's spouse is an officer, employee, manager, or paid consultant of a Texas trade association in the field of criminal or juvenile justice.
(d)  For the purposes of this section, a Texas trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
Transferred, redesignated and amended from Human Resources Code, Chapter 64 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.010, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle D - Independent Ombudsman › Chapter 261 - Independent Ombudsman › Subchapter B. Appointment and Management of Office › Section 261.054. Sunset Provision

Sec. 261.054.  SUNSET PROVISION.   The office is subject to review under Chapter 325, Government Code (Texas Sunset Act), but is not abolished under that chapter.  The office shall be reviewed during the periods in which the Texas Juvenile Justice Department or its successor agency is reviewed.
Transferred, redesignated and amended from Human Resources Code, Chapter 64 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.010, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle D - Independent Ombudsman › Chapter 261 - Independent Ombudsman › Subchapter B. Appointment and Management of Office › Section 261.055. Report

Sec. 261.055.  REPORT.  (a)  The independent ombudsman shall submit on a quarterly basis to the board, the governor, the lieutenant governor, the state auditor, and each member of the legislature a report that is both aggregated and disaggregated by individual facility and describes:
(1)  the work of the independent ombudsman;
(2)  the results of any review or investigation undertaken by the independent ombudsman, including reviews or investigation of services contracted by the department; and
(3)  any recommendations that the independent ombudsman has in relation to the duties of the independent ombudsman.
(b)  The independent ombudsman shall immediately report to the board, the governor, the lieutenant governor, the speaker of the house of representatives, the state auditor, and the office of the inspector general of the department any particularly serious or flagrant:
(1)  case of abuse or injury of a child committed to the department;
(2)  problem concerning the administration of a department program or operation;
(3)  problem concerning the delivery of services in a facility operated by or under contract with the department; or
(4)  interference by the department with an investigation conducted by the office.
Transferred, redesignated and amended from Human Resources Code, Chapter 64 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.010, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle D - Independent Ombudsman › Chapter 261 - Independent Ombudsman › Subchapter B. Appointment and Management of Office › Section 261.056. Communication and Confidentiality

Sec. 261.056.  COMMUNICATION AND CONFIDENTIALITY.  (a)  The department shall allow any child committed to the department or adjudicated for conduct that constitutes an offense and placed in a facility operated by or contracted with a juvenile probation department or juvenile board to communicate with the independent ombudsman or an assistant to the ombudsman.  The communication:
(1)  may be in person, by mail, or by any other means; and
(2)  is confidential and privileged.
(b)  The records of the independent ombudsman are confidential, except that the independent ombudsman shall:
(1)  share with the office of inspector general of the department a communication with a child that may involve the abuse or neglect of the child; and
(2)  disclose its nonprivileged records if required by a court order on a showing of good cause.
(c)  The independent ombudsman may make reports relating to an investigation public after the investigation is complete but only if the names of all children, parents, and employees are redacted from the report and remain confidential.
(d)  The name, address, or other personally identifiable information of a person who files a complaint with the office of independent ombudsman, information generated by the office of independent ombudsman in the course of an investigation, and confidential records obtained by the office of independent ombudsman are confidential and not subject to disclosure under Chapter 552, Government Code, except that the information and records, other than confidential information and records concerning a pending law enforcement investigation or criminal action, may be disclosed to the appropriate person if the office determines that disclosure is:
(1)  in the general public interest;
(2)  necessary to enable the office to perform the responsibilities provided under this section; or
(3)  necessary to identify, prevent, or treat the abuse or neglect of a child.
Transferred, redesignated and amended from Human Resources Code, Chapter 64 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.010, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 47, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle D - Independent Ombudsman › Chapter 261 - Independent Ombudsman › Subchapter B. Appointment and Management of Office › Section 261.057. Promotion of Awareness of Office

Sec. 261.057.  PROMOTION OF AWARENESS OF OFFICE.  The independent ombudsman shall promote awareness among the public and the children committed to the department or adjudicated for conduct that constitutes an offense and placed in a facility operated by or contracted with a juvenile probation department or juvenile board of:
(1)  how the office may be contacted;
(2)  the purpose of the office; and
(3)  the services the office provides.
Transferred, redesignated and amended from Human Resources Code, Chapter 64 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.010, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 48, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle D - Independent Ombudsman › Chapter 261 - Independent Ombudsman › Subchapter B. Appointment and Management of Office › Section 261.058. Rulemaking Authority

Sec. 261.058.  RULEMAKING AUTHORITY.  (a)  The office by rule shall establish policies and procedures for the operations of the office of independent ombudsman.
(b)  The office and the board shall adopt rules necessary to implement Section 261.060, including rules that establish procedures for the department to review and comment on reports of the office and for the department to expedite or eliminate review of and comment on a report due to an emergency or a serious or flagrant circumstance described by Section 261.055(b).
Transferred, redesignated and amended from Human Resources Code, Chapter 64 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.010, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle D - Independent Ombudsman › Chapter 261 - Independent Ombudsman › Subchapter B. Appointment and Management of Office › Section 261.059. Authority of State Auditor

Sec. 261.059.  AUTHORITY OF STATE AUDITOR.  The office is subject to audit by the state auditor in accordance with Chapter 321, Government Code.
Transferred, redesignated and amended from Human Resources Code, Chapter 64 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.010, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle D - Independent Ombudsman › Chapter 261 - Independent Ombudsman › Subchapter B. Appointment and Management of Office › Section 261.060. Review and Format of Reports

Sec. 261.060.  REVIEW AND FORMAT OF REPORTS.  (a)  The office shall accept, both before and after publication, comments from the board concerning the following types of reports published by the office under this chapter:
(1)  the office's quarterly report under Section 261.055(a);
(2)  reports concerning serious or flagrant circumstances under Section 261.055(b); and
(3)  any other formal reports containing findings and making recommendations concerning systemic issues that affect the department.
(b)  The board may not submit comments under Subsection (a) after the 30th day after the date the report on which the board is commenting is published.
(c)  The office shall ensure that reports described by Subsection (a) are in a format to which the board can easily respond.
(d)  After receipt of comments under this section, the office is not obligated to change any report or change the manner in which the office performs the duties of the office.
Transferred, redesignated and amended from Human Resources Code, Chapter 64 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.010, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle D - Independent Ombudsman › Chapter 261 - Independent Ombudsman › Subchapter B. Appointment and Management of Office › Section 261.061. Complaints

Sec. 261.061.  COMPLAINTS.  (a)  The office shall maintain a system to promptly and efficiently act on complaints filed with the office that relate to the operations or staff of the office.  The office shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and the disposition of the complaint.
(b)  The office shall make information available describing its procedures for complaint investigation and resolution.
(c)  The office shall periodically notify the complaint parties of the status of the complaint until final disposition unless the notice would jeopardize an investigation.
Transferred, redesignated and amended from Human Resources Code, Chapter 64 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.010, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 49, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle D - Independent Ombudsman › Chapter 261 - Independent Ombudsman › Subchapter C. Duties and Powers › Section 261.102. Treatment of Employees Who Cooperate With Independent Ombudsman

Sec. 261.102.  TREATMENT OF EMPLOYEES WHO COOPERATE WITH INDEPENDENT OMBUDSMAN.  The department, a juvenile probation department, or another entity operating a facility in which children adjudicated for conduct that constitutes an offense are placed may not discharge or in any manner discriminate or retaliate against an employee who in good faith makes a complaint to the office of independent ombudsman or cooperates with the office in an investigation.
Transferred, redesignated and amended from Human Resources Code, Chapter 64 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.010, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 51, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle D - Independent Ombudsman › Chapter 261 - Independent Ombudsman › Subchapter C. Duties and Powers › Section 261.103. Training

Sec. 261.103.  TRAINING.  The independent ombudsman shall attend annual sessions, including the training curriculum for juvenile correctional officers required under Section 242.009, and may participate in other appropriate professional training.
Transferred, redesignated and amended from Human Resources Code, Chapter 64 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.010, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle D - Independent Ombudsman › Chapter 261 - Independent Ombudsman › Subchapter C. Duties and Powers › Section 261.104. Memorandum of Understanding

Sec. 261.104.  MEMORANDUM OF UNDERSTANDING.  (a)  The office and the department shall enter into a memorandum of understanding concerning:
(1)  the most efficient manner in which to share information with one another; and
(2)  the procedures for handling overlapping monitoring duties and activities performed by the office and the department.
(b)  The memorandum of understanding entered into under Subsection (a), at a minimum, must:
(1)  address the interaction of the office with that portion of the department that conducts an internal audit under Section 203.013;
(2)  address communication between the office and the department concerning individual situations involving children committed to the department and how those situations will be documented and handled;
(3)  contain guidelines on the office's role in relevant working groups and policy development decisions at the department;
(4)  ensure opportunities for sharing information between the office and the department for the purposes of assuring quality and improving programming within the department; and
(5)  preserve the independence of the office by authorizing the office to withhold information concerning matters under active investigation by the office from the department and department staff and to report the information to the board and the governor.
Transferred, redesignated and amended from Human Resources Code, Chapter 64 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.010, eff. September 1, 2011.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle D - Independent Ombudsman › Chapter 261 - Independent Ombudsman › Subchapter C. Duties and Powers › Section 261.105. Risk Factors and Risk Assessment Tools

Sec. 261.105.  RISK FACTORS AND RISK ASSESSMENT TOOLS.  (a)  The office shall develop a comprehensive set of risk factors to use in assessing the overall risk level of facilities and entities described by Section 261.101(f) and of department parole offices.  The risk factors may include:
(1)  the entity type;
(2)  past and repeat children's rights violations;
(3)  the volume and types of complaints received by the office;
(4)  recent changes in a facility or parole office leadership;
(5)  high staff turnover;
(6)  relevant investigations by the office of the inspector general of the department;
(7)  negative media attention; and
(8)  the number of months since the date of the office's last inspection of the entity.
(b)  The office shall use the risk factors developed under this section to guide the inspections of facilities and entities described by Section 261.101(f), and of department parole offices, by developing risk assessment tools with clear, objective standards to use in assessing the overall risk level of each facility, entity, or parole office.
(c)  The office may develop distinct assessment tools under Subsection (b) for different entity types, as appropriate.
(d)  The office shall periodically review the assessment tools developed under this section to ensure that the tools remain up to date and meaningful, as determined by the office.
Added by Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 52, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle D - Independent Ombudsman › Chapter 261 - Independent Ombudsman › Subchapter C. Duties and Powers › Section 261.106. Risk-Based Inspections

Sec. 261.106.  RISK-BASED INSPECTIONS.  (a)  The office shall adopt a policy prioritizing the inspection of facilities conducted under Section 261.101(f) and of department parole offices based on the relative risk level of each entity.
(b)  The policy under Subsection (a) must require the office to use the risk assessment tools established under Section 261.105 to determine how frequently and intensively the office conducts risk-based inspections.
(c)  The policy under Subsection (a) may provide for the office to use alternative inspection methods for entities determined to be low risk, including the following methods:
(1)  desk audits of key documentation;
(2)  abbreviated inspection procedures;
(3)  videoconference technology; and
(4)  other methods that are an alternative to conducting an in-person inspection.
(d)  On request by the office, the department, a juvenile probation department, or a private facility under the office's jurisdiction shall provide information on a routine basis, as determined by the office, to assist the office in implementing a risk-based inspection schedule.
Added by Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 52, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle D - Independent Ombudsman › Chapter 261 - Independent Ombudsman › Subchapter D. Access to Information › Section 261.151. Access to Information of Governmental Entities

Sec. 261.151.  ACCESS TO INFORMATION OF GOVERNMENTAL ENTITIES.  (a)  The independent ombudsman has access to the department's records relating to the children committed to the department.
(b)  The Department of Public Safety shall allow the independent ombudsman access to the juvenile justice information system established under Subchapter B, Chapter 58, Family Code.
(c)  A local law enforcement agency shall allow the independent ombudsman access to its records relating to any child in the care or custody of the department or any child adjudicated for conduct that constitutes an offense and placed in a facility operated by or contracted with a juvenile probation department or juvenile board.
Transferred, redesignated and amended from Human Resources Code, Chapter 64 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.010, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 53, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle D - Independent Ombudsman › Chapter 261 - Independent Ombudsman › Subchapter D. Access to Information › Section 261.152. Access to Information of Private Entities

Sec. 261.152.  ACCESS TO INFORMATION OF PRIVATE ENTITIES.  The independent ombudsman shall have access to the records of a private entity that relate to a child committed to the department or a child adjudicated for conduct that constitutes an offense and placed in a private facility contracted with a juvenile probation department or juvenile board.
Transferred, redesignated and amended from Human Resources Code, Chapter 64 by Acts 2011, 82nd Leg., R.S., Ch. 85 (S.B. 653), Sec. 1.010, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 54, eff. September 1, 2023.
2023 Texas Statutes › Human Resources Code › Title 12 - Juvenile Justice Services and Facilities › Subtitle D - Independent Ombudsman › Chapter 261 - Independent Ombudsman › Subchapter D. Access to Information › Section 261.153. Access to Information of Juvenile Probation Departments

Sec. 261.153.  ACCESS TO INFORMATION OF JUVENILE PROBATION DEPARTMENTS.  The independent ombudsman shall have access to the records of a juvenile probation department that relate to a child adjudicated for conduct that constitutes an offense and placed in a facility operated by or contracted with a juvenile probation department or juvenile board.
Added by Acts 2023, 88th Leg., R.S., Ch. 950 (S.B. 1727), Sec. 55, eff. September 1, 2023.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 30 - General Provisions › Section 30.001. Purpose of Titles 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 20

Sec. 30.001.  PURPOSE OF TITLES 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, AND 20.  (a)  This title and Titles 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 20 are enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in the law codified as Section 323.007, Government Code.  The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change.
(b)  Consistent with the objectives of the statutory revision program, the purpose of this title and Titles 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 20 is to make the law encompassed by the titles more accessible and understandable by:
(1)  rearranging the statutes into a more logical order;
(2)  employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law;
(3)  eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions; and
(4)  restating the law in modern American English to the greatest extent possible.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1419, Sec. 17, eff. June 1, 2003;  Acts 2001, 77th Leg., ch. 1420, Sec. 11.001, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1274, Sec. 9, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 10, eff. April 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1A.001, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 30 - General Provisions › Section 30.002. Construction

Sec. 30.002.  CONSTRUCTION.  Except as provided by Section 30.003 and as otherwise expressly provided in this code, Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this title and in Titles 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 20.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1419, Sec. 17, eff. June 1, 2003;  Acts 2001, 77th Leg., ch. 1420, Sec. 11.001, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1274, Sec. 9, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 10, eff. April 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1A.001, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 30 - General Provisions › Section 30.003. Definition of Person

Sec. 30.003.  DEFINITION OF PERSON.  The definition of "person" assigned by Section 311.005, Government Code, does not apply to any provision in this title or in Title 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, or 20.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.  Acts 2001, 77th Leg., ch. 1419, Sec. 17, eff. June 1, 2003.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 11.001, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1274, Sec. 9, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 10, eff. April 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1A.001, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 30 - General Provisions › Section 30.004. Reference in Law to Statute Revised by Title 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, or 20

Sec. 30.004.  REFERENCE IN LAW TO STATUTE REVISED BY TITLE 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, OR 20.  A reference in a law to a statute or a part of a statute revised by this title or by Title 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, or 20 is considered to be a reference to the part of this code that revises that statute or part of that statute.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.  Acts 2001, 77th Leg., ch. 1419, Sec. 17, eff. June 1, 2003;  Acts 2001, 77th Leg., ch. 1420, Sec. 11.001, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1274, Sec. 9, eff. April 1, 2005.
Amended by:
Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 10, eff. April 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 730 (H.B. 2636), Sec. 1A.001, eff. April 1, 2009.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 30 - General Provisions › Section 30.005. Preemption

Sec. 30.005.  PREEMPTION.  Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is occupied by a provision of this code.  An ordinance, order, or rule that violates this section is void, unenforceable, and inconsistent with this code.
Added by Acts 2023, 88th Leg., R.S., Ch. 899 (H.B. 2127), Sec. 9, eff. September 1, 2023.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 31 - Organization of Department › Subchapter A. General Provisions › Section 31.001. Definitions

Sec. 31.001.  DEFINITIONS.  In this code and other insurance laws:
(1)  "Commissioner" means the commissioner of insurance.
(2)  "Department" means the Texas Department of Insurance.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 31 - Organization of Department › Subchapter A. General Provisions › Section 31.002. Duties of Department

Sec. 31.002.  DUTIES OF DEPARTMENT.  In addition to the other duties required of the Texas Department of Insurance, the department shall:
(1)  regulate the business of insurance in this state;
(2)  administer the workers' compensation system of this state as provided by Title 5, Labor Code;
(3)  ensure that this code and other laws regarding insurance and insurance companies are executed;
(4)  protect and ensure the fair treatment of consumers; and
(5)  ensure fair competition in the insurance industry in order to foster a competitive market.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 6.051, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 1.001, eff. September 1, 2011.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 31 - Organization of Department › Subchapter A. General Provisions › Section 31.003. Composition of Department

Sec. 31.003.  COMPOSITION OF DEPARTMENT.  The department is composed of the commissioner and other officers and employees required to efficiently implement:
(1)  this code;
(2)  other insurance laws of this state;  and
(3)  other laws granting jurisdiction or applicable to the department or the commissioner.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 31 - Organization of Department › Subchapter A. General Provisions › Section 31.004. Sunset Provision

Sec. 31.004.  SUNSET PROVISION.  (a)  The Texas Department of Insurance is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the department is abolished September 1, 2029.
(b)  Unless continued as provided by Chapter 325, Government Code, the duties of the division of workers' compensation of the Texas Department of Insurance under Title 5, Labor Code, expire September 1, 2029, or another date designated by the legislature.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1112, Sec. 2.02, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 6.052, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1227 (H.B. 1116), Sec. 2.05, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 928 (H.B. 3249), Sec. 3.09, eff. June 15, 2007.
Acts 2009, 81st Leg., 1st C.S., Ch. 2 (S.B. 2), Sec. 1.06, eff. July 10, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1147 (H.B. 1951), Sec. 1.002, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1162 (H.B. 2605), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1279 (H.B. 1675), Sec. 4.02, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 2.05, eff. June 10, 2019.
Acts 2021, 87th Leg., R.S., Ch. 850 (S.B. 713), Sec. 2.01, eff. June 16, 2021.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 1.13, eff. June 18, 2023.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 31 - Organization of Department › Subchapter A. General Provisions › Section 31.005. Defense by Attorney General

Sec. 31.005.  DEFENSE BY ATTORNEY GENERAL.  The attorney general shall defend an action brought against the commissioner or an employee or officer of the department as a result of that person's official act or omission, whether or not at the time of the institution of the action that person has terminated service with the department.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 31 - Organization of Department › Subchapter A. General Provisions › Section 31.006. Texas Workers' Compensation Commission Not Affected

Sec. 31.006.  TEXAS WORKERS' COMPENSATION COMMISSION NOT AFFECTED.  This code does not affect the duties imposed by law on the Texas Workers' Compensation Commission.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 31 - Organization of Department › Subchapter A. General Provisions › Section 31.007. References to Board

Sec. 31.007.  REFERENCES TO BOARD.  A reference in this code or other law to the State Board of Insurance, the Board of Insurance Commissioners, or an individual commissioner means the commissioner or the department as consistent with the respective duties of the commissioner and the department under this code and other insurance laws.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 31 - Organization of Department › Subchapter B. Commissioner of Insurance › Section 31.021. Chief Executive

Sec. 31.021.  CHIEF EXECUTIVE.  (a)  The commissioner is the department's chief executive and administrative officer.  The commissioner shall administer and enforce this code, other insurance laws of this state, and other laws granting jurisdiction or applicable to the department or the commissioner.
(b)  The commissioner has the powers and duties vested in the department by:
(1)  this code and other insurance laws of this state; and
(2)  Title 5, Labor Code, and other workers' compensation insurance laws of this state.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 265 (H.B. 7), Sec. 6.053, eff. September 1, 2005.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 31 - Organization of Department › Subchapter B. Commissioner of Insurance › Section 31.022. Appointment; Term

Sec. 31.022.  APPOINTMENT;  TERM.  (a)  The governor, with the advice and consent of the senate, shall appoint the commissioner.  The commissioner serves a two-year term that expires on February 1 of each odd-numbered year.
(b)  The governor shall appoint the commissioner without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 31 - Organization of Department › Subchapter B. Commissioner of Insurance › Section 31.023. Qualifications

Sec. 31.023.  QUALIFICATIONS.  The commissioner must:
(1)  be a competent and experienced administrator;
(2)  be well informed and qualified in the field of insurance and insurance regulation;  and
(3)  have at least five years of experience in the administration of business or government or as a practicing attorney or certified public accountant.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 10.01, eff. Jan. 11, 2004.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 31 - Organization of Department › Subchapter B. Commissioner of Insurance › Section 31.024. Ineligibility for Public Office

Sec. 31.024.  INELIGIBILITY FOR PUBLIC OFFICE.  The commissioner is ineligible to be a candidate for a public elective office in this state, unless the commissioner has resigned and the governor has accepted the resignation.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 31 - Organization of Department › Subchapter B. Commissioner of Insurance › Section 31.026. Compensation

Sec. 31.026.  COMPENSATION.  The commissioner is entitled to compensation as provided by the General Appropriations Act.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 31 - Organization of Department › Subchapter B. Commissioner of Insurance › Section 31.027. Grounds for Removal

Sec. 31.027.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from office if the commissioner:
(1)  does not have at the time of appointment the qualifications required by Section 31.023;
(2)  does not maintain during service as commissioner the qualifications required by Section 31.023;
(3)  violates a prohibition established by Section 33.001, 33.003, 33.004, or 33.005;  or
(4)  cannot, because of illness or disability, discharge the commissioner's duties for a substantial part of the commissioner's term.
(b)  The validity of an action of the commissioner or the department is not affected by the fact that it is taken when a ground for removal of the commissioner exists.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 31 - Organization of Department › Subchapter B. Commissioner of Insurance › Section 31.028. Training Program for Commissioner

Sec. 31.028.  TRAINING PROGRAM FOR COMMISSIONER.  (a)  Not later than the 90th day after the date on which the commissioner takes office, the commissioner shall complete a training program that complies with this section.
(b)  The training program must provide the commissioner with information regarding:
(1)  the legislation that created the department;
(2)  the programs operated by the department;
(3)  the role and functions of the department;
(4)  the rules of the department, with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5)  the current budget for the department;
(6)  the results of the most recent formal audit of the department;
(7)  the requirements of:
(A)  the open meetings law, Chapter 551, Government Code;
(B)  the public information law, Chapter 552, Government Code;
(C)  the administrative procedure law, Chapter 2001, Government Code;  and
(D)  other laws relating to public officials, including conflict of interest laws;  and
(8)  any applicable ethics policies adopted by the department or the Texas Ethics Commission.
Added by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 10.04, eff. Jan. 11, 2004.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 31 - Organization of Department › Subchapter C. Personnel › Section 31.041. Department Personnel

Sec. 31.041.  DEPARTMENT PERSONNEL.  (a)  Subject to the General Appropriations Act or other law, the commissioner shall appoint deputies, assistants, and other personnel as necessary to carry out the powers and duties of the commissioner and the department under this code, other insurance laws of this state, and other laws granting jurisdiction or applicable to the department or the commissioner.
(b)  A person appointed under this section must have the professional, administrative, and insurance experience necessary to qualify the person for the position to which the person is appointed.
(c)  A person appointed as an associate or deputy commissioner or to hold an equivalent position must have at least five years of the experience required for appointment as commissioner under Section 31.023.  At least two years of that experience must be in work related to the position to be held.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 31 - Organization of Department › Subchapter C. Personnel › Section 31.042. Division of Responsibilities

Sec. 31.042.  DIVISION OF RESPONSIBILITIES.  The commissioner shall develop and implement policies that clearly define the respective responsibilities of the commissioner and the staff of the department.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 31 - Organization of Department › Subchapter C. Personnel › Section 31.043. Equal Employment Opportunity Policy; Report

Sec. 31.043.  EQUAL EMPLOYMENT OPPORTUNITY POLICY;  REPORT.  (a)  The commissioner or the commissioner's designee shall prepare and maintain a written policy statement to ensure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with Chapter 21, Labor Code;
(2)  a comprehensive analysis of the department workforce that meets federal and state guidelines;
(3)  procedures by which a determination can be made of significant underuse in the department workforce of all persons for whom federal or state guidelines encourage a more equitable balance;  and
(4)  reasonable methods to appropriately address those areas of significant underuse.
(b)  A policy statement prepared under this section must:
(1)  cover an annual period;
(2)  be updated annually;
(3)  be reviewed by the Commission on Human Rights for compliance with Subsection (a);  and
(4)  be filed with the governor.
(c)  The governor shall deliver a biennial report to the legislature based on the information received under Subsection (b).  The report may be made separately or as a part of other biennial reports made to the legislature.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Insurance Code › Title 2 - Texas Department of Insurance › Subtitle A - Administration of the Texas Department of Insurance › Chapter 31 - Organization of Department › Subchapter C. Personnel › Section 31.044. Qualifications and Standards of Conduct

Sec. 31.044.  QUALIFICATIONS AND STANDARDS OF CONDUCT.  The commissioner shall provide to department employees, as often as necessary, information regarding their:
(1)  qualification for office or employment under this code;  and
(2)  responsibilities under applicable laws relating to standards of conduct for state employees.
Added by Acts 1999, 76th Leg., ch. 101, Sec. 1, eff. Sept. 1, 1999.