49.301. Sec. 12, eff. Acts 2007, 80th Leg., R.S., Ch. 469 (H.B. Amended by Acts 1997, 75th Leg., ch. Added by Acts 1993, 73rd Leg., ch. Sec. June 16, 2021. 268, Sec. (f) This section does not provide for a review of an order rendered by a court. Sec. Web17th Circuit Court, 61st District Court, Probate Court 180 Ottawa Avenue NW, Grand Rapids, MI 49503 (616) 632-5220 Acts 2011, 82nd Leg., R.S., Ch. 3607), Sec. September 1, 2015. 1.16(a), eff. 520 (S.B. (b) A district requesting the commission's authorization to proceed under Chapter 9 of the Federal Bankruptcy Code (11 U.S.C. CONFIDENTIALITY OF CERTAIN MOTOR VEHICLE INSPECTION INFORMATION. 1245 (H.B. Sept. 1, 1995. (a) This subchapter does not apply to a publication that is compiled and printed by or for a governmental body for public dissemination. 14, eff. (2) a district shall, if the district does not have sufficient existing water rights: (A) apply for appropriate amendments to the district's water rights under commission rules to convert the proportionate water rights from irrigation use to municipal use with municipal priority of allocation; and. The initial suspension period may not exceed seven consecutive days and must occur during the period that: (1) begins not earlier than the second day before the date the governmental body submits notice to the office of the attorney general under Subsection (c); and. (a) Information submitted by a potential vendor or contractor to a governmental body in connection with an application for certification as a historically underutilized or disadvantaged business under a local, state, or federal certification program is excepted from the requirements of Section 552.021, except as provided by this section. Added by Acts 1999, 76th Leg., ch. September 1, 2005. 715, Sec. (d) Unless waived in writing by the person making the report, the identity of an individual making a report under this chapter is confidential and may be disclosed only: (2) to a law enforcement officer for the purposes of conducting a criminal investigation of the report. (2) the board shall meet at the earliest practicable time to declare each unopposed candidate elected to office. Added by Acts 2007, 80th Leg., R.S., Ch. 1216 (S.B. September 1, 2015. 31, eff. June 15, 2001. SUBMISSION OF INVESTIGATION REPORT. 2, eff. 11), Sec. 552.223. September 1, 2005. 2, eff. 1035, Sec. 25, eff. (e) Before placing a child who was the subject of an investigation, the department shall notify the prospective adoptive parents of their right to examine any report, record, working paper, or other information in the possession, custody, or control of the department that pertains to the history of the child. Added by Acts 1995, 74th Leg., ch. 22.040, eff. (e) A person who operates a motor vehicle in violation of Subsection (b) commits an offense. 1, eff. 319 (S.B. (d) This section may not be construed to: (1) prohibit the department from interviewing the health care practitioner in the practitioner's capacity as a principal or collateral source; or. 1, eff. Amended by Acts 1995, 74th Leg., ch. (k) Notwithstanding Subsection (a), an investigating agency, other than the department or the Texas Juvenile Justice Department, on request, shall provide to the parent, managing conservator, or other legal representative of a child who is the subject of reported abuse or neglect, or to the child if the child is at least 18 years of age, information concerning the reported abuse or neglect that would otherwise be confidential under this section. 87 (S.B. SUBCHAPTER C. CONFIDENTIALITY AND PRIVILEGED COMMUNICATION. 268 (S.B. September 1, 2011. Amended by Acts 1997, 75th Leg., ch. 261.105. 944 (S.B. (h) A special water authority shall submit a copy of the audit report to the executive director for filing not later than the 160th day after the date the special water authority's fiscal year ends. Sec. Sec. Acts 2007, 80th Leg., R.S., Ch. The notice must be posted, on or before the commencement of early voting, at each polling place that would have been used in the election. 608, Sec. 261.3015. 1969), Sec. September 1, 2017. (2) the agency provides evidence sufficient to establish that the request, notice, or other writing was deposited in the interagency mail within that period. Sept. 1, 1995; Acts 2001, 77th Leg., ch. (d) If a district adopts a master drainage plan under Subsection (c)(1), the district may adopt rules relating to review and approval of proposed drainage plans submitted by property developers. (a) Information is excepted from the requirements of Section 552.021 if it is: (1) an electric log confidential under Subchapter M, Chapter 91, Natural Resources Code; (2) geological or geophysical information or data, including maps concerning wells, except information filed in connection with an application or proceeding before an agency; or. 2828), Sec. (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. September 1, 2015. (c) A temporary custodian's failure to surrender or return public information as required by Subsection (b) is grounds for disciplinary action by the governmental body that employs the temporary custodian or any other applicable penalties provided by this chapter or other law. Sept. 1, 1995. (d) A state agency shall compile, maintain, and make available statistics on the incidence of child abuse, neglect, and exploitation in a facility operated by the state agency. (b) A district is not required to prorate the costs of a site described by Subsection (a) between the primary water, sewer, or drainage purpose and any secondary recreational facilities purpose if a licensed professional engineer certifies that the site is reasonably sized for the intended water, sewer, or drainage purpose. SUBCHAPTER J. (f) Nothing in this section affects the deadlines or duties of a governmental body under Section 552.301 regarding information the governmental body maintains, including contracting information. Added by Acts 1993, 73rd Leg., ch. Phone Directory Office Hours. Sec. 25, eff. Added by Acts 1993, 73rd Leg., ch. Nothing contained in the preceding sentence shall be construed to create an affirmative duty on the part of a seller or any persons completing the prescribed notice in the seller's behalf to provide more recent information than the information taken from the information form and map or plat filed of record by the district as of January 1 of each year in completing the prescribed notice to be given to the purchaser prior to execution of a binding contract of sale and purchase. Sept. 1, 1995. 20, Sec. The OMC inherited many of the "Economic" regulations enforced by the ICC in addition to the safety regulations imposed on motor carriers. June 16, 2021. 602), Sec. 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. June 15, 2007. 552.131 by Acts 2001, 77th Leg., ch. Amended by Acts 2001, 77th Leg., ch. September 1, 2011. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. (2) employees of the governmental body whose duties include receiving or responding to requests under this chapter. 1423, Sec. (f) The order canvassing the results of the confirmation election shall contain a description of the district's boundaries and shall be filed with the executive director and in the deed records of the county or counties in which the district is located not later than the 30th day after the date of the election. 1488), Sec. 1319, Sec. 1, eff. (a) In this section: (A) physical injury that results in substantial harm to the child requiring emergency medical treatment and excluding an accident or reasonable discipline by a parent, guardian, or managing or possessory conservator that does not expose the child to a substantial risk of harm; or. All work shall be done in accordance with these plans and specifications and any authorized change orders under the supervision of the board or its designee. Acts 2005, 79th Leg., Ch. June 18, 2003. A party consenting to the disclosure of confidential material may restrict the manner of disclosure and the person or persons to whom the disclosure may be made. ALTERNATIVE ELECTION PROCEDURES. (b) Tax anticipation notes may be issued for any purpose for which the district is authorized to levy taxes, and tax anticipation notes shall be secured with the proceeds of taxes to be levied by the district in the succeeding 12-month period. 1017 (H.B. 261.3091. September 1, 2005. Added by Acts 1995, 74th Leg., ch. June 20, 2003. CANCELLATION OF ELECTION; REMOVAL OF BALLOT MEASURE. Sept. 1, 2001. (c) A district that applies for appropriate amendments under Subsection (a)(2) shall provide the municipal water supplier with an estimate of the district's reasonable costs for the administrative proceedings. 11, eff. (2) recommending changes, if possible, that would make a revised version of the drainage report acceptable for approval. (b) The board shall hold the hearing at the earliest practicable time after receipt of the petition. 22, eff. 552.128. (a) Information is excepted from the requirements of Section 552.021 if a governmental body demonstrates that release of the information would harm its interests by providing an advantage to a competitor or bidder in a particular ongoing competitive situation or in a particular competitive situation where the governmental body establishes the situation at issue is set to reoccur or there is a specific and demonstrable intent to enter into the competitive situation again in the future. (b) The notes may be first or subordinate lien notes within the discretion of the board, but no obligation may ever be a charge on the property of the district or on taxes levied or collected by the district but shall be solely a charge on the revenues pledged for the payment of the obligation. Sept. 1, 1997. Added by Acts 1995, 74th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 2910), Sec. 1231, Sec. 4, eff. (2) confinement in the county jail for not more than six months; or. 715, Sec. (2) the defendant requests the court to award reasonable attorney's fees and other expenses related to the defense of the claim. (b) Within 60 days after the board determines a relationship or employment exists which constitutes a disqualification under Subsection (a), it shall replace the person serving as a member of the board with a person who would not be disqualified. By Atlas trailers. (a) In this section: (1) "Standby fee" means a charge, other than a tax, imposed on undeveloped property for the availability of potable water, sanitary sewer, or drainage facilities and services. 4, eff. 552.1315. Acts 2005, 79th Leg., Ch. 12, eff. 902), Sec. EXCEPTION: CONFIDENTIALITY OF NAME OF APPLICANT FOR SUPERINTENDENT OF PUBLIC SCHOOL DISTRICT. Sec. 9.008, eff. Immediately on receipt of a report described by this subsection, the department shall notify the appropriate local law enforcement agency of the report. (a) The only suit a governmental body may file seeking to withhold information from a requestor is a suit that: (1) is filed in a Travis County district court against the attorney general in accordance with Section 552.325; and. 727), Sec. 49.234 by Acts 2003, 78th Leg., ch. 24, eff. REPORT OF ABUSE OR NEGLECT; IMMUNITIES. September 1, 2017. (G) if the proposed combined debt service, operation and maintenance, and contract tax rate requires or authorizes an election to approve or reduce the tax rate, as applicable, a description of the purpose of the proposed tax increase; (3) contain a statement in substantially the following form, as applicable: (A) if the district is a district described by Section 49.23601: "If the district adopts a combined debt service, operation and maintenance, and contract tax rate that would result in the taxes on the average residence homestead increasing by more than eight percent, an election must be held to determine whether to approve the operation and maintenance tax rate under Section 49.23601, Water Code. (3) was not involved with the report of suspected abuse or neglect. FAILURE OR REFUSAL OF OFFICER FOR PUBLIC INFORMATION TO PROVIDE ACCESS TO OR COPYING OF PUBLIC INFORMATION. September 1, 2011. (B) services have been discontinued by the government-operated utility. (2) in whose territory an emergency services district that provides fire-fighting services to all or part of the district is wholly or partly located. 1374, Sec. AVAILABILITY OF PUBLIC INFORMATION. WebRidge at Heath Brook 5405 SW 44th Court Rd, OCALA, FL 34474. September 1, 2019. 1488), Sec. (d) The petition must identify by subdivision name or other sufficient description the land that the municipal water supplier supplies or has the right to supply potable water. (e) If an applicant for admission to an educational institution described by Subsection (b) or a parent or legal guardian of a minor applicant to an educational institution described by Subsection (b) requests information in the record of the applicant, the educational institution shall disclose any information that: (1) is related to the applicant's application for admission; and. A charge may not be imposed for providing the written statement to the requestor. (a) The department shall establish and maintain a central registry of the names of individuals found by the department to have abused or neglected a child. 74, eff. (j) Confidential material examined by an administrative hearings officer during the course of an administrative proceeding for the purpose of determining its admissibility as evidence shall not be considered to have been filed in the General Land Office to the extent that the confidential material is not introduced into evidence at the proceeding. (a) In making the application under this subchapter, the department must certify that: (1) the department has diligently searched for and: (A) was unable to locate the child's parent, legal guardian, or custodian, other than the respondent to the application; or, (B) located and provided notice of the proposed application to the child's parent, legal guardian, or custodian, other than the respondent to the application; and. 367 (H.B. (a) Except as provided by Section 552.147, the confidentiality provisions of this chapter, or other law, information that is not confidential but is excepted from required disclosure under Subchapter C is public information and is available to the public on or after the 75th anniversary of the date the information was originally created or received by the governmental body. If a law enforcement officer encounters a child or other person listed on the Texas Crime Information Center's child safety check alert list, the law enforcement officer shall follow the procedures described by Article 2.272, Code of Criminal Procedure. A plan required by this subsection may be included in a plan or report otherwise required by this title for the creation of a district or may be submitted to the commission for approval at any time after the creation of the district. 6, eff. 608, Sec. 1, eff. (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. (d) Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with Chapter 2256, Government Code. 34, eff. 1.12, eff. 1303), Sec. (b) A district may provide for an inquiry into and certification of the voting results of an election under this section if: (1) the election results indicate that the number of votes cast in the election was greater than the number of registered voters in the district; (2) the board determines that the election results are likely to be disputed in court; and. Acts 2019, 86th Leg., R.S., Ch. Such offices may be located either inside or outside the district's boundaries as determined in the discretion of the board. 552.027. Sept. 1, 2003. (A) a fictional or nonfictional entertainment, dramatic, literary, or musical work that is a play, book, article, musical composition, audiovisual work, radio or television program, work of art, or work of political, educational, or newsworthy value; (B) a work the primary function of which is the delivery of news, information, current events, or other matters of public interest or concern; or. June 14, 2013. Acts 2017, 85th Leg., R.S., Ch. 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. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. (a) The chief administrative officer of a governmental body is the officer for public information, except as provided by Subsection (b). (f) If in any case the district and the relatives of a deceased person cannot agree within 30 days on a cemetery for reinterment, or no relatives appear within that time, then the county judge shall designate the cemetery for reinterment. Sec. Chapter 2110 applies to the reimbursement of a public member's expenses related to service on the committee. (c) A governmental body shall allow the inspection of information in a book or publication that is made part of, incorporated into, or referred to in a rule or policy of a governmental body. Acts 2021, 87th Leg., R.S., Ch. 49.322. 9.011, eff. (3) include transporting the child for purposes relating to the interview or investigation. 8, eff. September 1, 2015. 552.327. Sec. (f) Not later than the 10th business day after the date a governmental body receives a request for a sensitive crime scene image from a person described by Subsection (d)(4) or (5), the governmental body shall notify the deceased person's next of kin of the request in writing. Added by Acts 1993, 73rd Leg., ch. Acts 2017, 85th Leg., R.S., Ch. 2, eff. September 1, 2019. 1, eff. 123), Sec. 1. 16, eff. FISCAL YEAR. 1, eff. 1319, Sec. Added by Acts 1995, 74th Leg., ch. 2), Sec. 3, eff. (b) This section applies only to a district the board of which has adopted an operation and maintenance tax rate for the current tax year that is 2.5 cents or less per $100 of taxable value. 1, eff. Sec. 1216 (S.B. 4, eff. 49.067. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. Sept. 1, 2001. SUBCHAPTER J. ANNEXATION OR EXCLUSION OF LAND. (e) This section applies only to one subdivision of the land recorded under Subsection (a). (b) If the district attorney makes the notification under this section, the department shall, on receipt of a report of suspected abuse or neglect, immediately notify the district attorney as requested and the department shall forward a copy of the reports to the district attorney on request. 1022, Sec. 1423, Sec. 49.055. If a request is for 50 or fewer pages of paper records, the charge for providing the copy of the public information may not include costs of materials, labor, or overhead, but shall be limited to the charge for each page of the paper record that is photocopied, unless the pages to be photocopied are located in: (1) two or more separate buildings that are not physically connected with each other; or. (9) "Severe emotional disturbance" means a mental, behavioral, or emotional disorder of sufficient duration to result in functional impairment that substantially interferes with or limits a person's role or ability to function in family, school, or community activities. 902), Sec. 14, eff. A district shall maintain an accounting of money received from the sale of water rights under this subchapter. (e-1) If a requestor modifies the request in response to the requirement of a deposit or bond authorized by this section, the modified request is considered a separate request for the purposes of this chapter and is considered received on the date the governmental body receives the written modified request. Sept. 1, 1995. RIGHT OF ACCESS TO PUBLIC INFORMATION. Acts 2019, 86th Leg., R.S., Ch. 8, eff. (d) The governmental body must fully document the existence and amount of those unpaid amounts or the amount of any anticipated costs, as applicable, before requiring a deposit or bond under this section. Acts 2011, 82nd Leg., R.S., Ch. 49.065. (2) creation or maintenance of an abstract plant as described by Section 2501.004, Insurance Code. If the adopted tax rate is not approved at the election, the district's tax rate is the voter-approval tax rate. Acts 2015, 84th Leg., R.S., Ch. [32][bettersourceneeded] In December 1995, when most of the ICC's powers had been eliminated or repealed, Congress finally abolished the agency with the ICC Termination Act of 1995. When the ICC was dissolved, the function of licensing interstate motor carriers was transferred to FMCSA. 1, eff. (a) A person who has served as a director of a district may not contract with that district or be employed by an organization to which the district has awarded a contract for one year following the date on which the person ceased to serve as a director. (C) a public or private non-secure juvenile post-adjudication residential treatment facility that is not licensed by the Department of Family and Protective Services or the Department of State Health Services. September 1, 2019. (d) A resolution of the board rejecting an application is final and not subject to review by any other body, tribunal, or authority. Additional debt issued after land is excluded from the district may not be payable from taxes levied against and does not create a lien against the taxable value of the excluded land. (2) will provide a reasonable right of access and use to allow the district or water supply corporation to construct, install, maintain, replace, upgrade, inspect, or test any facility necessary to serve that applicant as well as the district's or water supply corporation's purposes in providing system-wide service. September 1, 2009. (d) A district's bonds are negotiable instruments within the meaning and purposes of the Business & Commerce Code. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 552.005. "The purpose of this district is to provide water, sewer, drainage, or flood control facilities and services within the district through the issuance of bonds payable in whole or in part from property taxes. Acts 2011, 82nd Leg., R.S., Ch. 6, eff. September 1, 2007. (a) Not later than March 1 of each year, the department shall publish an aggregated report using information compiled from each child fatality investigation for which the department made a finding regarding abuse or neglect, including cases in which the department determined the fatality was not the result of abuse or neglect. 24, eff. 602), Sec. 1070, Sec. (a) A municipal water supplier may contract to use water associated with the proportionate water rights described by Section 49.505. 1324), Sec. 261.309. REVIEW OF DEPARTMENT INVESTIGATIONS. Acts 2013, 83rd Leg., R.S., Ch. (a) The board, without the necessity of an election, may borrow money on negotiable or nonnegotiable notes of the district to be paid solely from the revenues derived from the ownership of all or any designated part of the district's works, plants, improvements, facilities, or equipment after deduction of the reasonable cost of maintaining and operating the facilities. Sept. 1, 1995. (b) An operation and maintenance tax may not be levied by a district until it is approved by a majority of the electors voting at an election held for that purpose. (b) Notwithstanding Section 552.007 and except as provided by Subsection (c), the information may be disclosed only: (1) to a state or local governmental entity in this state, and the state or local governmental entity may use the information only: (A) for purposes related to verifying an applicant's status as a historically underutilized or disadvantaged business; or, (B) for the purpose of conducting a study of a public purchasing program established under state law for historically underutilized or disadvantaged businesses; or. Health Department. (d) A bond election for the development and maintenance of recreational facilities may be held on the same day as another district election. Sec. 1377 (S.B. June 10, 2019. Amended by Acts 1999, 76th Leg., ch. (a) The notice requirements for the appointment of a presiding election judge under Section 32.009, Election Code, do not apply to an election held by a district. 13, eff. Sec. If the notice is timely posted: (1) the board or the board's designee is not required to: (A) post or publish notice of the election; (B) prepare or print ballots and election materials; or. OTHER CONTRACT PROVISIONS. (d) Immediately after the confirmation and director election, the presiding judge shall take returns of the results to the temporary board. 31.01(47), eff. 1377 (S.B. 219), Sec. 10, eff. 1, eff. 3, eff. September 1, 2015. 49.278. (b) A court may order the disclosure of information that is confidential under this section if: (1) a motion has been filed with the court requesting the release of the information; (2) a notice of hearing has been served on the investigating agency and all other interested parties; and. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (a) Before conducting an interview with an alleged perpetrator, the department shall notify the person in writing that the person may request an administrative review of the department's findings under Section 261.309. 315 (S.B. Acts 2015, 84th Leg., R.S., Ch. 1142 (S.B. 4, eff. 2, eff. (c) If requested by the district or district engineer, the contractor shall furnish a breakdown of the total contract price showing the amount included for each principal category of the work, in such detail as requested, to provide a basis for determining progress payments. Sec. Sept. 1, 1993. 18, eff. (2) the expiration of a period not to exceed 30 days after the date on which the order was adopted as ordered by the board. 18), Sec. September 1, 2005. 1, eff. Sec. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 58 (S.B. June 14, 2013. June 17, 2001; Acts 2003, 78th Leg., ch. Sept. 1, 1997; Acts 2001, 77th Leg., ch. (3) owns, operates, or maintains public works, facilities, or improvements, unless the ownership, operation, or maintenance is assumed by a third party. Sec. 1, eff. 161 (S.B. Amended by Acts 1997, 75th Leg., ch. (a-3) For purposes of this section, Subchapters E and F, Chapter 48, Human Resources Code, apply to an investigation of a child and to the provision of protective services to that child in the same manner those subchapters apply to an investigation of an elderly person or person with a disability and the provision of protective services to that person. 947, Sec. 19, eff. 219), Sec. 11), Sec. 1259, Sec. 751, Sec. Acts 2017, 85th Leg., R.S., Ch. 1549), Sec. 715, Sec. Sec. (2) label that copy of the specific information, or of the representative samples, to indicate which exceptions apply to which parts of the copy. 1, eff. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1995. 471 (H.B. 10, eff. 1 (S.B. 987 (S.B. 2, eff. June 20, 2003. (g) Instead of depositing the additional assessment in the registry of the court, the district may execute a bond sufficient to cover costs of removing and reinterring the bodies. 1656), Sec. NOTICE APPLICABLE TO CREATION OF A DISTRICT BY THE COMMISSION. 49.225. 221 (H.B. (2) "News medium" means a newspaper, magazine or periodical, a book publisher, a news agency, a wire service, an FCC-licensed radio or television station or a network of such stations, a cable, satellite, or other transmission system or carrier or channel, or a channel or programming service for a station, network, system, or carrier, or an audio or audiovisual production company or Internet company or provider, or the parent, subsidiary, division, or affiliate of that entity, that disseminates news or information to the public by any means, including: (G) other means, known or unknown, that are accessible to the public. 552.0215. 1438), Sec. (b) The attorney general by rule shall prescribe the content of the sign and the size, shape, and other physical characteristics of the sign. The bond and oath shall be filed with the district and retained in its records. Added by Acts 2001, 77th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 552.1176. April 2, 2015. 7, eff. (2) notify the complainant in writing of those determinations. A lock ( ) or https:// means youve safely connected to the .gov website. 10, eff. 7, eff. All meetings shall be conducted in accordance with the open meetings law, Chapter 551, Government Code. 452), Sec. June 30, 1997. Sept. 1, 1999. Sec. (c) A choice made under Subsection (b) remains valid until rescinded in writing by the individual. (d) Records may be released to a member, annuitant, retiree, beneficiary, alternate payee, program participant, or person eligible for benefits from the retirement system or to an authorized attorney, family member, or representative acting on behalf of the member, annuitant, retiree, beneficiary, alternate payee, program participant, or person eligible for benefits. (b) The annual financial report must be accompanied by an affidavit attesting to the accuracy and authenticity of the financial report signed by a duly authorized representative of the district. 268, Sec. 8, eff. 3, eff. 8.015, eff. 28, eff. 1319, Sec. (b) On receiving a written request for information described in an application submitted under Subsection (a)(2), the officer for public information shall: (1) request a decision from the attorney general in accordance with Section 552.301 regarding withholding the information; and. 1423, Sec. Sec. 1229 (S.B. Those who have a checking or savings account, but also use financial alternatives like check cashing services are considered underbanked. (b) An offense under this section is a Class B misdemeanor. Sec. Sec. September 1, 2011. A district that provides wholesale potable water and wastewater services shall adopt a program that provides such wholesale customers an opportunity to review and comment on the district's annual budget that applies to their services before that budget is adopted by the board. Sec. 1, eff. A school district that receives a request to produce public information for inspection or publication or to produce copies of public information in response to a requestor who, within the preceding 180 days, has accepted but failed to pay written itemized statements of estimated charges from the district as provided under Section 552.261(b) may require the requestor to pay the estimated charges for the request before the request is fulfilled. Sec. (d) A person, including a medical facility, that makes a report under Subchapter B shall release to the department, as part of the required report under Section 261.103, records that directly relate to the suspected abuse or neglect without requiring parental consent or a court order. (a) Subject to the law governing the district, the board shall adopt the following in writing: (1) a code of ethics for district directors, officers, employees, and persons who are engaged in handling investments for the district; (2) a policy relating to travel expenditures; (3) a policy relating to district investments that ensures that: (A) purchases and sales of investments are initiated by authorized individuals, conform to investment objectives and regulations, and are properly documented and approved; and. 1, eff. (1) emphasize the primary goal of financing water, sewer, and drainage facilities to serve the district; (2) emphasize and encourage the secondary goal of financing recreational facilities; and. OVERCHARGE OR OVERPAYMENT FOR COPY OF PUBLIC INFORMATION. 268, Sec. Added by Acts 2003, 78th Leg., ch. 219), Sec. 1 (S.B. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 401, Sec. The first publication shall be 30 days before the day of the hearing. 1, eff. 584, approved 1906-06-29. Added by Acts 2011, 82nd Leg., R.S., Ch. 494), Sec. Added by Acts 1995, 74th Leg., ch. (3) the order is reduced to writing or made on the record in open court. (3) discloses the confidential information to a person who is not authorized to receive the information. This information would be used to set rates. (a) In this section, "outer boundaries of a district" means district boundaries without considering any exclusion of land from inside the district. 1303), Sec. 24), Sec. Sec. September 1, 2011. 3107), Sec. June 17, 2005. 29, eff. (d) Districts required to seek commission approval of bonds must have an application for such approval on file with the commission prior to the issuance of bond anticipation notes. The notice must be sent to the next of kin's last known address. 944 , Sec. BOND ANTICIPATION NOTES; TAX ANTICIPATION NOTES. April 2, 2015. (3) respond within 72 hours to a report of abuse and neglect that is assigned the second highest priority. A district shall designate at least 75 percent of the proceeds from the sale of water rights for capital improvements in the district. Sec. Sec. 1, eff. 49.1991. (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. Sec. On receipt of the determination, the governmental body may amend its charges for providing copies of public information or its charge, deposit, or bond required for making public information that exists in a paper record available for inspection according to the determination of the attorney general. 49.466. Added by Acts 1993, 73rd Leg., ch. (c) If the attorney general determines that information in addition to that required by Section 552.301 is necessary to render a decision, the attorney general shall give written notice of that fact to the governmental body and the requestor. (C) major water supply lines, wastewater collection lines, or drainage facilities with capacity sufficient to serve the property are available. 1170 (H.B. (a) Information concerning the employment of an employee of a public employee pension system is public information under the terms of this chapter, including information concerning the income, salary, benefits, and bonuses received from the pension system by the employee in the person's capacity as an employee of the system, and is not removed from the application of this chapter, made confidential, or otherwise excepted from the requirements of Section 552.021 by any statute intended to protect the records of persons as members, beneficiaries, or retirees of a public employee pension system in their capacity as such. (c) After at least 50 qualified electors are residing in a district, on written request of at least five of those electors, the board shall designate a meeting place and hold meetings within the district. 261.502. Added by Acts 1999, 76th Leg., ch. Sept. 1, 1993. September 1, 2013. April 2, 2015. 10, eff. (k) The commission shall approve an application to issue bonds to finance the costs of spreading and compacting fill to provide drainage that is made by a municipal utility district or a district with the powers of a municipal utility district if the costs are less than the cost of constructing or improving drainage facilities. 76, Sec. 49.218. September 1, 2009. 239), Sec. The board must call and hold another bond election and receive voter approval before issuing those bonds. Section 457). Sec. 49.309. Sec. Added by Acts 1997, 75th Leg., ch. 3, eff. (h) The retirement system has sole discretion in determining whether a record is subject to this section. 552.351. Acts 2015, 84th Leg., R.S., Ch. (d) In the event of a failure to elect one or more members of the board of a district resulting from the absence of, or failure to vote by, the qualified voters in an election held by the district, the current members of the board or temporary board holding the positions not filled at such election shall be deemed to have been elected and shall serve an additional term of office, or, in the case of a temporary board member deemed elected under this subsection, the initial term of office. 36 (S.B. (b) The Rio Grande Regional Water Authority shall use information from the water rights sales contracts reported to the Rio Grande Watermaster's Office to calculate the current market value. 736, Sec. (d) The Texas School for the Blind and Visually Impaired and the Texas School for the Deaf shall adopt policies relating to the investigation and resolution of reports received as provided by this subchapter. Sec. Sept. 1, 2001. Sept. 1, 2003. 2, eff. If the district or county attorney determines not to bring an action under this section, the district or county attorney shall: (1) include a statement of the basis for that determination; and. (3) the land desired to be excluded cannot be bettered as to conditions of living and health, provided with water or sewer service, protected from flood, drained, freed from interruption of traffic caused by excess of water on the roads, highways, or other means of transportation serving the land, or otherwise benefited by the district's proposed improvements. 1035, Sec. 1, eff. 49.3182. Renumbered from Sec. 4, eff. 18.007, eff. (2) information about an inmate sentenced to death. 268 (S.B. (c) Notwithstanding Section 49.002, this section prevails over a special law governing a district. 1.126, eff. 11), Sec. (b) If the court makes an affirmative finding under Subsection (a), the court shall issue a protective order that includes a statement of that finding. 9, eff. Sept. 1, 1995. Sec. 119, Sec. September 1, 2011. 452), Sec. Sec. 87, eff. 71, eff. SUBCHAPTER D. OFFICER FOR PUBLIC INFORMATION. 9, eff. Sec. (d) Districts governed by this section are subject to periodic audits by the executive director. (d) The applicant must also provide the district with evidence satisfactory to, or required by, the board of the applicant's: (1) ownership of the property proposed to be excluded; and. REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE ORDER. 4, eff. (4) "Programming" means the process of producing a sequence of coded instructions that can be executed by a computer. September 1, 2019. 324 (S.B. Acts 2011, 82nd Leg., R.S., Ch. 1377 (S.B. 49.056. The district, by rule, may require that a property developer who proposes to subdivide land located in the district, and who is otherwise required to obtain approval of the plat of the proposed subdivision from a municipality or county, submit for district approval a drainage report for the subdivision. The district shall refund the balance of the deposit if the actual cost is less than the estimate. (b) If a district adopts rules under Subsection (a), the rules shall include minimum standards and specifications for designing, installing, and operating irrigation systems in accordance with Section 1903.053, Occupations Code, and any rules adopted by the Texas Commission on Environmental Quality under that section. 1 (S.B. 1022, Sec. 911), Sec. Acts 2019, 86th Leg., R.S., Ch. The Mann-Elkins Act of 1910 addressed this question by strengthening ICC authority over railroad rates. Sept. 1, 1995. Acts 2007, 80th Leg., R.S., Ch. There are private carriers, e.g. 89, eff. 2849), Sec. 751, Sec. (a) The executive commissioner by rule shall adopt minimum standards for the investigation under Section 261.401 of suspected child abuse, neglect, or exploitation in a facility. Added by Acts 2005, 79th Leg., Ch. 2018), Sec. (1-b) "Honorably retired" means, with respect to a position, an individual who: (A) previously served but is not currently serving in the position; (B) did not retire in lieu of any disciplinary action; (C) was eligible to retire from the position or was ineligible to retire only as a result of an injury received in the course of the individual's employment in the position; and. Except for notices included as an addendum or paragraph of a purchase contract, the notice shall be executed by the seller and purchaser, as indicated. 1638), Sec. 268 (S.B. 261.407. (B) reflects the mental impressions or legal reasoning of an attorney representing the state. 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