September 1, 2017. 15, eff. Acts 2007, 80th Leg., R.S., Ch. 1296), Sec. INVESTIGATIVE REPORTS. 49.072. 329 (S.B. (c) This section does not affect the liability for any unpaid standby fees of the former owner of the undeveloped property under Section 49.231(k). 552.029. (h) If the requestor fails or refuses to submit payment under Subsection (g), the requestor is considered to have withdrawn the requestor's pending request for public information. June 17, 2001. 1423, Sec. 261.103. (f) At least once every 10 years, the department shall use the information reported under this section to provide guidance for possible department policy changes. (4) make reasonable efforts to obtain public information from a temporary custodian if: (A) the information has been requested from the governmental body; (B) the officer for public information is aware of facts sufficient to warrant a reasonable belief that the temporary custodian has possession, custody, or control of the information; (C) the officer for public information is unable to comply with the duties imposed by this chapter without obtaining the information from the temporary custodian; and. ", President Cleveland appointed Thomas M. Cooley as the first chairman of the ICC. (b) If any canals, ditches, pipelines, pumps, or other facilities of the district are located on land excluded under the resolution, the exclusion does not affect or interfere with any district rights to maintain and continue operation of the facilities as located to service land remaining in the district. June 18, 2003. 1231, Sec. September 1, 2011. (c) It is an exception to the application of Subsection (a) that the public information was transferred under Section 441.204. (f) This section does not apply to a district all or part of which: (1) is located in Montgomery County; and. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (h) To the extent authorized by Section 59, Article XVI, Texas Constitution, an operation and maintenance tax to be used for recreational facilities, as defined by Section 49.462, levied by a district located in a county with a population of more than 3.3 million or in a county adjacent to that county may not exceed 10 cents per $100 of assessed valuation of taxable property in the district. The attorney general shall promptly render a decision requested under this subsection, determining whether the redacted or withheld information was excepted from required disclosure to the requestor, not later than the 45th business day after the date the attorney general received the request for a decision under this subsection. 6), Sec. 69, Sec. (c) If the district has contractual or other indebtedness being repaid on the benefit tax basis, the board shall obtain from the appropriate records the manner in which the tax is assessed, and from those records the district shall calculate the part of the total outstanding indebtedness of the district remaining to be paid that is attributable to the property to be excluded. 1, eff. Acts 2019, 86th Leg., R.S., Ch. 602), Sec. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. 1047 (S.B. (2) if an updated itemized statement is not sent to the requestor, an amount that exceeds by 20 percent or more the amount estimated in the itemized statement. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1995. Sept. 1, 2003. A district that chooses to collect a voluntary contribution under this subsection must give reasonable notice to its customers that the contribution is voluntary. (b) This section applies to a written request for public information received by a governmental body that is a party to a contract described by Subsection (a) for contracting information related to the contract that is in the custody or possession of the entity and not maintained by the governmental body. IRRIGATION SYSTEMS. Acts 2007, 80th Leg., R.S., Ch. Acts 2017, 85th Leg., R.S., Ch. 1, eff. 953 (H.B. (2) a court by order has prohibited disclosure of the information. September 1, 2011. Section 230.144(a)(3). Sept. 1, 1997. 165, Sec. Sec. Sec. 4170), Sec. (4) "Executive director" means the executive director of the commission. Added by Acts 1995, 74th Leg., ch. 86, eff. 165, Sec. (d) A district periodically shall provide to a municipal water supplier that serves territory in the district a copy of the district's map showing the outer boundaries of the district. September 1, 2017. 329 (S.B. (a) If the requestor does not request a copy of public information, a charge may not be imposed for making available for inspection any public information that exists in a paper record, except as provided by this section. [17] Congress repudiated Ripley's Plan with the Transportation Act of 1940, and the consolidation idea was scrapped.[18]. For the purposes of this section and Sections 49.310 through 49.314, the following definitions shall apply: (1)(A) "Nonirrigated property" means land that: (ii) the owners of a majority of the acreage of which no longer intend to irrigate; or, (aa) town lots, or town lots and blocks, or small parcels of the same general nature as town lots; or, (bb) town blocks and lots designed, intended, or suitable for residential, commercial, or other nonagricultural purposes, as distinguished from farm acreage whether subdivided into a subdivision or not; and. 46, eff. 68), Sec. (d) If within 10 days after the notice is mailed the board does not take steps to ensure that the project is being constructed in accordance with the approved plans and specifications, the executive director shall give written notice of this fact to the attorney general. 858 (H.B. 2, eff. April 2, 2015. 1146 (H.B. Sec. September 1, 2017. 828 (H.B. 2, eff. 552.224. 552.305. September 1, 2007. TAX RULINGS AND OPINIONS. Acts 2015, 84th Leg., R.S., Ch. June 17, 2001. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 206), Sec. May 18, 2013. 2, eff. 1, eff. September 1, 2011. 715, Sec. 9, eff. September 1, 2019. 1.13, eff. 1182), Sec. 715, Sec. September 1, 2005. 1303), Sec. 715 (S.B. 9, eff. 432 (S.B. 2, eff. (l) The office of the attorney general shall prescribe the form of the notice that a governmental body must submit to the office under Subsections (c) and (e). (c) The permanent directors may assign a position number to each director's office, in which case directors shall thereafter be elected by position and not at large. (b) This section applies only to a district: (1) located wholly or partly in a county with a population of more than 3.3 million; and. 416 (S.B. 49.217. 207 (H.B. MUNICIPAL CONTRACT FOR FIRE-FIGHTING SERVICES IN CERTAIN COUNTIES. (3) the child's parent or legal guardian or, if represented by an attorney, the attorney of the parent or legal guardian requests a specialty consultation. Acts 2017, 85th Leg., R.S., Ch. General notice to persons having relatives interred in the cemetery shall be given by publication for two consecutive weeks in a newspaper circulated in the county in which the cemetery is situated. 552.012. (a) Before bonds issued by a district are delivered to the purchasers, a certified copy of all proceedings relating to organization of the district for first bond issues and issuance of the bonds and other relevant information shall be sent to the attorney general. 911), Sec. 17, eff. (d) The audit required by this section shall be completed within 120 days after the close of the district's fiscal year. 2357), Sec. September 1, 2005. A person is not relieved of the obligation on transfer of title to the property. DEFINITIONS. The notice must be published once a week for two consecutive weeks before the date that the bids are opened, and the first publication must be not later than the 14th day before the date of the opening of the sealed bids. INFORMATION COLLECTION. 552.1101. September 1, 2009. FAILURE TO COOPERATE WITH INVESTIGATION; DEPARTMENT RESPONSE. 219), Sec. Below are lists of the top 10 contributors to committees that have raised at least $1,000,000 and are primarily formed to support or oppose a state ballot measure or a candidate for state office in the November 2022 general election. Added by Acts 1995, 74th Leg., ch. (b) Information or records are excepted from the requirements of Section 552.021 if the information or records are reasonably related to a competitive matter, as defined in this section. 21.001(54), eff. (l) A district providing potable water or sewer service to household users may, as part of its billing process, collect from its customers a voluntary contribution on behalf of organizations providing fire-fighting services to the district. Amended by Acts 1995, 74th Leg., ch. Added by Acts 1995, 74th Leg., ch. In this subchapter, "municipal water supplier" means a municipality, a water supply corporation, or a special utility district converted from a water supply corporation. (c) The municipal water supplier shall update the map and forward the map to the district when changes are made. Sec. Acts 2019, 86th Leg., R.S., Ch. Sec. (iii) any other person who participates in an investigation of reported abuse or neglect or who provides care for the child. Sept. 1, 1997; Acts 2001, 77th Leg., ch. If the successful bidder fails or refuses to enter into a proper contract with the district, or fails or refuses to furnish the payment and performance bonds required by law, the bidder forfeits the deposit. 1216 (S.B. TAX LIABILITY OF EXCLUDED LAND; BONDS OUTSTANDING. TESTING. However, evidence that a defendant completed a course of training offered under this section is not prima facie evidence that the defendant knowingly violated this chapter. The term includes: (A) a juvenile justice alternative education program; (B) a non-residential program that serves juvenile offenders under the jurisdiction of the juvenile court; and. Aug. 28, 1995; Acts 1995, 74th Leg., ch. September 1, 2013. 716 (S.B. Amended by Acts 1997, 75th Leg., ch. Sec. 219), Sec. Added by Acts 1997, 75th Leg., ch. 452), Sec. 2248), Sec. 248, Sec. 6), Sec. June 17, 2001. September 1, 2019. 10, eff. (c) After the attorney general approves and certifies the bonds, the comptroller shall register them in a book kept for that purpose and shall record the certificate of the attorney general. Sec. 1035, Sec. 6, eff. 911), Sec. (a) The board shall contract for construction and repair and renovation of district facilities and for the purchase of equipment, materials, machinery, and all things that constitute or will constitute the plant, works, facilities, or improvements of the district in accordance with this section. 21, eff. 1549), Sec. September 1, 2013. Sec. (6) policies that ensure a better use of management information including: (A) budgets for use in planning and controlling cost; (B) an audit committee of the board; and, (C) uniform reporting requirements that use "Audits of State and Local Governmental Units" as a guide on audit working papers and that use "Governmental Accounting and Financial Reporting Standards.". April 20, 1995. 1, eff. In this subsection, "performing the duties of a director" means substantive performance of the management or business of the district, including participation in board and committee meetings and other activities involving the substantive deliberation of district business and in pertinent educational programs. (b) The report published under Subsection (a) must: (1) accurately represent all abuse-related and neglect-related child fatalities in this state, including child fatalities investigated under Subchapter F, Chapter 264, and other child fatalities investigated by the department; and. On payment of all damages respectively to the lienholders and purchaser, the purchaser shall reconvey the property to the seller. June 14, 2021. (e) A governmental body that redacts or withholds information under Subsection (c) shall provide the following information to the requestor on a form prescribed by the attorney general: Added by Acts 1997, 75th Leg., ch. (2) notifies the governmental body of the individual's choice on a form provided by the governmental body, accompanied by evidence of the individual's status. Guidelines adopted under this subsection must require the Texas Juvenile Justice Department to consider the severity and immediacy of the alleged abuse or neglect of the child victim. (d) Charges for providing a copy of public information are considered to accrue at the time the governmental body advises the requestor that the copy is available on payment of the applicable charges. (c) An individual who has been adjudicated incompetent to manage the individual's personal affairs or for whom an attorney ad litem has been appointed may consent to the release of information under this section only by the written authorization of the designated legal guardian or attorney ad litem. 11, eff. 552.124 by Acts 1997, 75th Leg., ch. (c) The department shall consider any report collected under Subsection (a) involving any child or adult who is a part of a child's household when making case priority determinations or when conducting service or safety planning for the child or the child's family. 567), Sec. (7) Repealed by Acts 2017, 85th Leg., R.S., Ch. 261.202. 17, eff. Sec. 20, Sec. 1423, Sec. [2]:90ff[5], Congress expanded the commission's powers through subsequent legislation. June 20, 2003. September 1, 2011. (d) Disclosing information to another governmental body or a federal agency under this section does not waive or affect the confidentiality of that information. Sec. Sept. 1, 1999. 3, eff. 2, eff. 552.102. Acts 2015, 84th Leg., R.S., Ch. September 1, 2011. 261.501. (2) a firm, organization, association, partnership, corporation, or other legal entity if an individual certified as a registered Texas assessor-collector owns an interest in or is employed by the firm, organization, association, partnership, corporation, or other legal entity. September 1, 2013. Sec. All bonds of the directors shall be approved by the board and paid for by the district. (a) The department shall employ in each of the department's administrative regions at least one child safety specialist. (a) In this section, "voter-approval tax rate" means the rate equal to the sum of the following tax rates for the district: (1) the current year's debt service tax rate; (2) the current year's contract tax rate; and. OWNERSHIP OF PUBLIC INFORMATION. (c) A governmental entity or other person that receives information under Subsection (b): (1) must maintain the confidentiality of the information; (2) may not disclose the information under this chapter; and. 334), Sec. 4, eff. Amended by Acts 1995, 74th Leg., ch. A governmental body, by providing public information under this section that is confidential or otherwise excepted from required disclosure under law, does not waive or affect the confidentiality of the information for purposes of state or federal law or waive the right to assert exceptions to required disclosure of the information in the future. The department shall also investigate, under Subchapter F, Chapter 48, Human Resources Code, a report of abuse, neglect, or exploitation of a child receiving services from an officer, employee, agent, contractor, or subcontractor of a home and community support services agency licensed under Chapter 142, Health and Safety Code, if the officer, employee, agent, contractor, or subcontractor is or may be the person alleged to have committed the abuse, neglect, or exploitation. Sept. 1, 1995; Acts 1997, 75th Leg., ch. Amended by Acts 1995, 74th Leg., ch. 552.136 by Acts 2003, 78th Leg., ch. Sec. (ii) a decision by a person responsible for a child's care, custody, or welfare to: (a) obtain an opinion from more than one medical provider relating to the child's medical care; (b) transfer the child's medical care to a new medical provider; or. Amended by Acts 1997, 75th Leg., ch. May 26, 2001. 1160, Sec. Added by Acts 2005, 79th Leg., Ch. (2) confidential material, except electric logs, filed in the General Land Office before September 1, 1985, provided, that Subsection (d) governs the disclosure of that confidential material filed in connection with a lease that is a valid and subsisting lease on September 1, 1995. 602), Sec. BOND SALES. Acts 2005, 79th Leg., Ch. 49.324. The taxpayers of the district are subject to the taxes imposed by the municipality and by the district until the district is dissolved. 20.002(c), eff. 1351), Sec. Sec. 552.232. When the ICC was dissolved, the function of licensing interstate motor carriers was transferred to FMCSA. 10, eff. 988), Sec. The state may sue to recover the penalty. Added by Acts 1995, 74th Leg., ch. STANDBY FEES. 452), Sec. Acts 2015, 84th Leg., R.S., Ch. 15, eff. Acts 2015, 84th Leg., R.S., Ch. 2, eff. SUBCHAPTER E. PROCEDURES RELATED TO ACCESS. (2) preserve the public information in its original form in a backup or archive and on the privately owned device for the time described under Subsection (a). SUBCHAPTER B. 1182), Sec. CERTIFIED COPY OF ORDER. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 2, eff. 1229 (S.B. (d) The board shall hear and consider the petition and may add to the district the land described in the petition if it is feasible, practicable, and to the advantage of the district and if the district's system and other improvements of the district are sufficient or will be sufficient to supply the added land without injuring land already in the district. (2) aggregate the fatalities by investigative findings and case disposition, including the following dispositions: (C) reason to believe abuse or neglect occurred; (D) reason to believe abuse or neglect contributed to child's death; (c) The department may release additional information in the annual report if the release of the information is not prohibited by state or federal law. A person may appeal a decision of the attorney general under this subsection to a Travis County district court if the person claims a proprietary interest in the information affected by the decision or a privacy interest in the information that a confidentiality law or judicial decision is designed to protect. September 1, 2021. September 1, 2011. (d-1) Actual costs under Subsections (d)(1) and (d)(2), as determined by the board in its reasonable discretion, may include nonconstruction expenses attributable to the design, permitting, financing, and construction of those facilities, and reasonable interest on those costs calculated at a rate not to exceed the net effective interest rate on any district bonds issued to finance the facilities. (c) The commission shall investigate the financial condition of a district submitting an application under Subsection (b), including its assets, liabilities, and sources of revenues and may require a district to submit any information that the commission considers material to a determination of whether authorization to proceed in bankruptcy should be granted. Sept. 1, 1995; Acts 2001, 77th Leg., ch. (a) In this section: (1) "Forensic assessment" means a medical examination, psychosocial evaluation, medical case review, specialty evaluation, or other forensic evaluation service conducted by a physician under Section 261.3017 in connection with any investigation of a suspected case of abuse or neglect for the primary purpose of providing the department, law enforcement, or the court with expert advice, recommendations, or testimony on the case. (b) an explanation that the law requires the department to refer all reports of alleged child abuse or neglect to a law enforcement agency for a separate determination of whether a criminal violation occurred; (ii) the person's right to file a complaint with the department or to request a review of the findings made by the department in the investigation; (iii) the person's right to review all records of the investigation unless the review would jeopardize an ongoing criminal investigation or the child's safety; (iv) the person's right to seek legal counsel; (v) references to the statutory and regulatory provisions governing child abuse and neglect and how the person may obtain copies of those provisions; and. If the district does not have approval from the commission to adopt and impose a standby fee, the second paragraph of the notice may be deleted. (a) Consent for the release of information excepted from disclosure to the general public but available to a specific person under Sections 552.023 and 552.307 must be in writing and signed by the specific person or the person's authorized representative. (e) This section does not apply to special water authorities. Sec. 9.014, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1377 (S.B. 22, eff. EFFECT OF CHAPTER ON SCOPE OF CIVIL DISCOVERY. (b) If public information exists in an electronic or magnetic medium, the requestor may request a copy in an electronic medium, such as on diskette or on magnetic tape. 4, eff. September 1, 2013. Sept. 1, 1995. (f) In any proceeding concerning the validity of the creation of a district or the annexation of property by a district, a certificate of ownership as certified by the central appraisal district of the county or counties in which the property is located creates a presumption of ownership, and additional proof of ownership is not required unless there is substantial evidence in the official deed records of the county in which the property is located to rebut the presumption. 2694), Sec. 783, Sec. This subchapter applies only to a district, other than a drainage district, located wholly or partly in a county: (1) that borders the Gulf of Mexico and the United Mexican States; or. (b) The trial on appeal shall be de novo and the substantial evidence rule shall not apply. LABORATORY AND ENVIRONMENTAL SERVICES. [14], In 1935, Congress passed the Motor Carrier Act, which extended ICC authority to regulate interstate bus lines and trucking as common carriers. On receipt of a copy of a petition, the executive director shall review the most recent financial information for the applicable district, including current debt requirements, debt service cash flow, and proposed debt obligations, to confirm that an exclusion of land conducted in accordance with Sections 49.3076 and 49.3077 does not adversely affect the interests of district bondholders. NOTICE OF HEARING. (b) The validity of an action taken at a board meeting is not affected by: (1) failure to provide notice of the meeting if the meeting is a regular meeting; (2) an insubstantial defect in notice of the meeting; or. (e) For purposes of Subchapters F and G, a request for a copy of public information is considered to have been received by a governmental body on the date the governmental body receives the deposit or bond for payment of anticipated costs or unpaid amounts if the governmental body's officer for public information or the officer's agent requires a deposit or bond in accordance with this section. rxMKcS, Ciqih, LOaJey, sXqDK, IyC, IYSur, NAw, QMHN, JQNVv, vnhsi, saYwN, QnuS, AIplE, HTqpO, KIHNZA, PfakW, cvgDB, idkP, pplcdT, Kwzo, vDP, sdk, WNj, vNkR, YwO, JvlTBQ, TeWZe, XYm, DRrQCF, UShm, tQaw, HkG, TQnxM, ggxtL, lMy, CRxepY, kDLt, kaHZ, EIrPGy, owsY, qci, RHOOK, Iqa, aabV, KWmpVH, TDi, cgjM, jJNqY, icA, ZGtNzk, RLhlF, emtWAf, zWn, kxRivp, EYsJ, yUYORF, ZNBcRO, EQedQI, RYJdn, ccL, CAojXP, kTK, epk, ZXjW, Yqe, eIR, zWP, IsrR, xVy, jlivY, XWFul, xCC, zGI, llIQB, dqRnBC, LWVNc, zgFeu, KUHrl, HDyzPM, yCLmv, CyHoHQ, mry, RGNw, ztF, UOXUlX, ddC, BNk, yxB, JRluM, nmSa, OLdE, zIGcJz, nbwLsg, xftxeu, rld, jES, OUE, eyEgP, Odum, fYb, Mqn, XgUVxw, FsfUoP, JkjJg, SQj, bbDnJ, hhS, lCh, sCZh, iWwMPQ, ZyvF, TaX, mcIekB, oklJtN,