(d) "Protected health information" as defined by Section 181.006, Health and Safety Code, is not public information and is not subject to disclosure under this chapter. 944), Sec. Sec. At the same time, the plain language of the Act (forbidding "undue or unreasonable preference" as well as "personal discrimination") could be read as an implied invitation for activist regulators to chip away at racial discrimination. Sec. Added by Acts 1999, 76th Leg., ch. Sec. Acts 2015, 84th Leg., R.S., Ch. 4, eff. 2, eff. 1, eff. Acts 2019, 86th Leg., R.S., Ch. 731 (H.B. June 14, 2013. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 283 (S.B. (a) The attorney general shall adopt rules for use by each governmental body in determining charges for providing copies of public information under this subchapter and in determining the charge, deposit, or bond required for making public information that exists in a paper record available for inspection as authorized by Sections 552.271(c) and (d). Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1995. 22, eff. Sec. September 1, 2011. (b) The provisions of other law or a home-rule municipal charter notwithstanding, a municipality may contract with a district. Each department head is an agent of the officer for public information for the purposes of complying with this chapter. Sec. (a) The attorney general shall create a public information request form that provides a requestor the option of excluding from a request information that the governmental body determines is: (2) subject to an exception to disclosure that the governmental body would assert if the information were subject to the request. Sept. 1, 1993. Sec. EXCEPTION: CONFIDENTIALITY OF CERTAIN DOCUMENTS HELD FOR HISTORICAL RESEARCH. (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. (e) A contract or lease in which the proceeds of the contract or lease are pledged to the payment of a bond may be submitted to the attorney general along with the bond records, and, if submitted, the approval by the attorney general of the bonds shall constitute an approval of the contract or lease and the contract or lease shall be incontestable. (f) Except as provided by Subsections (g) and (h), a district may not impose an impact fee, standby fee, or assessment on the property, including the equipment, rights-of-way, easements, facilities, or improvements, of: (1) an electric utility or a power generation company as defined by Section 31.002, Utilities Code; (2) a gas utility as defined by Section 101.003 or 121.001, Utilities Code, or a person who owns pipelines used for the transportation or sale of oil or gas or a product or constituent of oil or gas; (3) a person who owns pipelines used for the transportation or sale of carbon dioxide; (4) a telecommunications provider as defined by Section 51.002, Utilities Code; or. 1294 (H.B. After a district excludes land from the district's territory under this subchapter, the municipality or other municipal supplier that proposes to serve the land with a potable water supply may petition the district to convert the proportionate water rights previously allocated for the land from irrigation use rights to municipal use rights for the use and benefit of the municipality or other municipal supplier. (7) "Municipal solid waste" has the same meaning assigned by Section 361.003, Health and Safety Code. 552.156. 552.101. 2460), Sec. 911), Sec. 552.136. )"; (A) the district's total adopted tax rate for the preceding year and the proposed tax rate, expressed as an amount per $100; (B) the difference, expressed as an amount per $100 and as a percent increase or decrease, as applicable, in the proposed tax rate compared to the adopted tax rate for the preceding year; (C) the average appraised value of a residence homestead in the district in the preceding year and in the current year; the district's total homestead exemption, other than an exemption available only to disabled persons or persons 65 years of age or older, applicable to that appraised value in each of those years; and the average taxable value of a residence homestead in the district in each of those years, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older; (D) the amount of tax that would have been imposed by the district in the preceding year on a residence homestead appraised at the average appraised value of a residence homestead in that year, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older; (E) the amount of tax that would be imposed by the district in the current year on a residence homestead appraised at the average appraised value of a residence homestead in that year, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older, if the proposed tax rate is adopted; (F) the difference between the amounts of tax calculated under Paragraphs (D) and (E), expressed in dollars and cents and described as the annual percentage increase or decrease, as applicable, in the tax to be imposed by the district on the average residence homestead in the district in the current year if the proposed tax rate is adopted; and. Sept. 1, 1993. 825 (S.B. 2. 462 (S.B. (8) "Special water authority" means a river authority as that term is defined in Section 30.003, or a district created by a special Act of the legislature that: (A) is a provider of water or wastewater service to two or more municipalities; and. 1.22, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. (a) As soon as possible after initiating an investigation of a parent or other person having legal custody of a child, the department shall provide to the person: (B) is written in a language that the person understands, or if the person is illiterate, is read to the person in a language that the person understands; and. 165, Sec. 1231, Sec. (5) the home address or home telephone number of a member of the board of directors or the board of trustees of a family violence shelter center, victims of trafficking shelter center, or sexual assault program, regardless of whether the board member complies with Section 552.024. ", Technical Reports Archive and Image Library (TRAIL), Records of the Interstate Commerce Commission and Surface Transportation Board in the National Archives (Record Group 134), https://en.wikipedia.org/w/index.php?title=Interstate_Commerce_Commission&oldid=1117240695, 1995 disestablishments in the United States. (e) A district or water supply corporation may not, under Subsection (d), require an applicant to provide an easement for a service line for the sole benefit of another applicant. 219), Sec. (b) A request described by Subsection (a) is considered to have been withdrawn by the requestor if the requestor does not respond in writing to the itemized statement by informing the governmental body within 10 business days after the date the statement is sent to the requestor that: (1) the requestor will accept the estimated charges; (2) the requestor is modifying the request in response to the itemized statement; or. September 1, 2017. 1319, Sec. 4, eff. 23, eff. 62, Sec. Acts 2015, 84th Leg., R.S., Ch. 2, eff. (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. Acts 2019, 86th Leg., R.S., Ch. (b) Failure to respond to requests in accordance with Subsection (a) may constitute a refusal to request an attorney general's decision as provided by Subchapter G or a refusal to supply public information or information that the attorney general has determined is public information that is not excepted from disclosure under Subchapter C as described by Section 552.321(a). Sept. 1, 1993. 1377 (S.B. 170 (H.B. (a) Information is excepted from the requirements of Section 552.021 if an order of nondisclosure of criminal history record information with respect to the information has been issued under Subchapter E-1, Chapter 411. June 14, 2021. 49.221. September 1, 2013. DISCLOSURE OF CONTRACTING INFORMATION. Acts 2011, 82nd Leg., R.S., Ch. (b) The refusal of a parent, guardian, or managing or possessory conservator of a child to administer or consent to the administration of a psychotropic medication to the child, or to consent to any other psychiatric or psychological treatment of the child, does not by itself constitute neglect of the child unless the refusal to consent: (1) presents a substantial risk of death, disfigurement, or bodily injury to the child; or. (b) After consideration and investigation, the board shall adopt an order approving further consideration of the application if the board finds that: (1) all amounts due the district under Section 49.3182(1) up to the date of the filing of the application have been paid; (2) the property described in the application: (B) is urban property and is not used or intended to be used for agricultural purposes; and, (C) will require a source of treated potable water from the municipality in which the subdivision is located; and. 161 (S.B. 715, Sec. Acts 2009, 81st Leg., R.S., Ch. "(Names of all board members and, if a vote was taken, an indication of how each voted on the proposed tax rate and an indication of any absences. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 283 (S.B. 5), Sec. 783, Sec. EXCEPTION: CERTAIN GOVERNMENT-OPERATED UTILITY CUSTOMER INFORMATION. 27, eff. 1229 (S.B. June 17, 2011. (4) "Juvenile justice program" means a program or department operated wholly or partly by the juvenile board or by a private vendor under a contract with a juvenile board that serves juveniles under juvenile court jurisdiction. September 1, 2005. (d) The board may establish a sick leave pool for employees of the district in the same manner as that authorized for the creation of a sick leave pool for state employees by Subchapter A, Chapter 661, Government Code. September 1, 2011. 1042 (H.B. AUTOMATIC ELECTION TO APPROVE TAX RATE FOR CERTAIN DEVELOPED DISTRICTS. 2733), Sec. 1, eff. 602), Sec. RESEARCH OF STATE LIBRARY HOLDINGS NOT REQUIRED. The notice must be on the form prescribed by the office of the attorney general under Subsection (j). 10, eff. RIGHT OF ACCESS TO INVESTMENT INFORMATION. (a) Except as provided by Section 552.233, if a governmental body closes its physical offices, but requires staff to work, including remotely, then the governmental body shall make a good faith effort to continue responding to applications for public information, to the extent staff have access to public information responsive to an application, pursuant to this chapter while its administrative offices are closed. 3674), Sec. (b) A tax assessor and collector employed or contracted for under this section is not required to be a natural person. 4, eff. Sept. 1, 2003. Sept. 1, 1993. 1, eff. (3) confidential under Subsections (c) through (f). 416 (S.B. 1, eff. (c) Copies of the audit report, the annual financial dormancy affidavit, or annual financial report described in Sections 49.197 and 49.198 shall be filed annually in the office of the district. September 1, 2015. Acts 2005, 79th Leg., Ch. 1368), Sec. 1, eff. ELECTING TO DISCLOSE ADDRESS AND TELEPHONE NUMBER. 1047 (S.B. (F) an employee, volunteer, or other person working under the supervision of a licensed or unlicensed child-care facility, including a family home, residential child-care facility, employer-based day-care facility, or shelter day-care facility, as those terms are defined in Chapter 42, Human Resources Code. 30, eff. (1) an on-site sewage disposal system, as defined by Section 366.002, Health and Safety Code; or, (A) used on or by an agricultural operation as defined by Section 251.002, Agriculture Code; or. The governmental body must send the request in writing to the entity not later than the third business day after the date the governmental body receives the written request described by Subsection (b). The notice must include the information required by Subsections (c)(1)-(10). April 20, 1995. 249, Sec. (d) No person may serve as tax assessor and collector of a district providing potable water or sewer utility services to household users if that person: (1) is a natural person related within the third degree of affinity or consanguinity to any developer of property in the district, a member of the board, or the manager, engineer, or attorney for the district; (2) is or was within two years immediately preceding the assumption of assessment and collection duties with the district an employee of any developer of property in the district or any director, manager, engineer, or attorney for the district; (3) owns an interest in or is employed by any corporation organized for the purpose of tax assessment and collection services, a substantial portion of the stock of which is owned by a developer of property within the district or any director, manager, engineer, or attorney for the district; or. 20, Sec. (g) Notwithstanding any provision of this code to the contrary, the commission may approve the issuance of bonds of a district without the submission of plans and specifications of the improvements to be financed with the bonds. (c) Information provided in the manuals must be in both English and Spanish and must include, as appropriate: (1) useful indexes of information such as telephone numbers; (2) the information required to be provided under Section 261.307(a)(1); (3) information describing the rights and duties of a relative or designated caregiver; (A) the relative and other designated caregiver program under Subchapter I, Chapter 264, and the option for the relative or other designated caregiver to become verified by a licensed child-placing agency to operate an agency foster home, if applicable; and, (B) the permanency care assistance program under Subchapter K, Chapter 264; and. 183 (H.B. (c) The governmental body may, but is not required to, submit its reasons why the information should be withheld or released. 2, eff. Sec. (a) The department shall, in consultation with the appropriate law enforcement agencies, develop guidelines and protocols for joint investigations by the department and the law enforcement agency under Section 261.301. (b) A petition requesting the annexation of a defined area signed by a majority in value of the owners of land in the defined area, as shown by the tax rolls of the central appraisal district of the county or counties in which such area is located, shall describe the land by metes and bounds or by lot and block number if there is a recorded plat of the area and shall be filed with the secretary of the board. When the ICC was dissolved, the function of licensing interstate motor carriers was transferred to FMCSA. Added by Acts 1995, 74th Leg., ch. The guidelines and protocols must: (1) clarify the respective roles of the department and law enforcement agency in conducting the investigation; (2) require that mutual child protective services and law enforcement training and agreements be implemented by both entities to ensure the integrity and best outcomes of joint investigations; and. SUBCHAPTER I. A governmental body shall maintain and make available for public inspection the record of its public officials' or, if applicable, the public information coordinator's completion of the training. EXCEPTION: CONFIDENTIALITY OF CERTAIN INFORMATION HELD BY SCHOOL DISTRICT. 334), Sec. (2) how the person voted in the district election. The legal description of the property you are acquiring is as follows: ________________________________________________________________. (b) The representative of the attorney general designated by the attorney general is the presiding officer of the committee. Added by Acts 2005, 79th Leg., Ch. September 1, 2005. NOTICE OF HEARING. An unpaid standby fee is a personal obligation of the person that owned the property at the time of imposition and is secured by a lien on the property. (4) $250,000, if the employing state or local governmental entity has more than 500 employees in each of 20 or more calendar weeks in the calendar year in which the suit is filed or in the preceding year. September 1, 2017. 552 (H.B. June 11, 2009. September 1, 2011. Sec. 523 (S.B. 49.506. 21, eff. 1237), Sec. Sept. 13, 2003. 219), Sec. 1, eff. 552.1325. 405, Sec. 1861), Sec. Added by Acts 1993, 73rd Leg., ch. 452), Sec. 49.151. 944 (S.B. (i) If the district or county attorney determines not to bring an action under this section, the complainant is entitled to file the complaint with the attorney general before the 31st day after the date the complaint is returned to the complainant. The proposed 21 regional railroads were as follows: There were 100 terminal railroads that were also proposed. Sec. 3, eff. 36(1), eff. (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. 2, eff. Sec. (B) services have been discontinued by the government-operated utility. The district is not required to begin the proceedings until the municipal water supplier deposits the amount of the estimate with the district. Sec. Acts 2013, 83rd Leg., R.S., Ch. The notice form shall be delivered by regular mail or made available at the district's office. 22, eff. (3) owns, operates, or maintains public works, facilities, or improvements, unless the ownership, operation, or maintenance is assumed by a third party. (3) "Processing" means the execution of a sequence of coded instructions by a computer producing a result. 962 (H.B. Amended by Acts 2001, 77th Leg., ch. September 1, 2009. 17.001(39), eff. 2014), Sec. 1229 (S.B. 49.322. May 17, 2019. 1, eff. 87, eff. Added by Acts 1995, 74th Leg., ch. September 1, 2005. 5, eff. (e) Subject to Subsection (e-1), if in connection with a request for public information, the cumulative amount of personnel time spent complying with requests for public information from the same requestor equals or exceeds the limit established by the governmental body under Subsection (a), the governmental body shall provide the requestor with a written estimate of the total cost, including materials, personnel time, and overhead expenses, necessary to comply with the request. If a district is entering into a contract under Subsection (e), the district shall develop a plan that describes the contract and includes a presentation of the financial requirements under the contract. Sec. 1 (S.B. (c) If the board is unable to make any one of the findings under Subsection (b), it shall adopt a resolution rejecting the application. September 1, 2017. June 15, 2021. Sec. 1229 (S.B. (B) the specific circumstances pertaining to the individual that demonstrate why disclosure of the information could reasonably be expected to compromise the safety of the individual. 49.218. September 1, 2013. 1361), Sec. Acts 2019, 86th Leg., R.S., Ch. September 1, 2021. 1070, Sec. 1351), Sec. 3, eff. Animal Shelter adoptions are by walk-in; please see the sidebar for our hours. Added by Acts 2001, 77th Leg., ch. (c) The requirement to report under this section applies without exception to an individual whose personal communications may otherwise be privileged, including an attorney, a member of the clergy, a medical practitioner, a social worker, a mental health professional, an employee or member of a board that licenses or certifies a professional, and an employee of a clinic or health care facility that provides reproductive services. Whenever possible, the district should obtain prior approval of the executive director before authorizing the contract, but failure to obtain prior approval shall not void the contract. 218), Sec. June 4, 2009. 100, eff. September 1, 2009. Sept. 1, 1999. Sept. 1, 1997. Acts 2021, 87th Leg., R.S., Ch. 28, eff. (b) Memoranda of a communication between a member of the legislature or the lieutenant governor and an assistant or employee of the Legislative Budget Board are excepted from the requirements of Section 552.021 without regard to the method used to store or maintain the memoranda. (a) When this subchapter requires a request, notice, or other document to be submitted or otherwise given to the attorney general within a specified period, the requirement is met in a timely fashion if the document is submitted to the attorney general through the attorney general's designated electronic filing system within that period. EXCLUSION OF URBAN PROPERTY FROM CERTAIN WATER DISTRICTS. Sept. 1, 1993. A district shall file with the commission the name, address, and telephone number of the employee or agent of the district responsible for issuance of the notice forms and shall notify the commission in writing within seven days after there is a change to the information required to be filed with the commission under the provisions of this subsection. 49.065. Sec. The people insist on remaining informed so that they may retain control over the instruments they have created. The provisions of this chapter shall be liberally construed to implement this policy. RIGHT OF ACCESS TO CERTAIN INFORMATION RELATING TO INMATE OF DEPARTMENT OF CRIMINAL JUSTICE. 552.005. 1070, Sec. 3), Sec. 83, eff. Added by Acts 2005, 79th Leg., Ch. 461 (S.B. (a) A record of a library or library system, supported in whole or in part by public funds, that identifies or serves to identify a person who requested, obtained, or used a library material or service is excepted from the requirements of Section 552.021 unless the record is disclosed: (1) because the library or library system determines that disclosure is reasonably necessary for the operation of the library or library system and the record is not confidential under other state or federal law; (3) to a law enforcement agency or a prosecutor under a court order or subpoena obtained after a showing to a district court that: (A) disclosure of the record is necessary to protect the public safety; or. Added by Acts 2021, 87th Leg., R.S., Ch. 261.108. When this subchapter requires the attorney general to deliver a notice, decision, or other document within a specified period, the requirement is met in a timely fashion if the document is electronically transmitted by the attorney general within that period. 68), Sec. 1035, Sec. (k) If such notice is given at closing as provided in Subsection (h), a purchaser, or the purchaser's heirs, successors, or assigns, shall not be entitled to maintain any action for damages or maintain any action against a seller, title insurance company, real estate brokers, or lienholder, or any agent, representative, or person acting in their behalf, by reason of use by the seller of the information filed for record by the district or reliance by the seller on the filed plat and filed legal description of the district in determining whether the property to be sold and purchased is within the district. June 18, 2003. 8, eff. 219), Sec. 902), Sec. 2, eff. 219), Sec. Sec. 1, eff. 751, Sec. (f) Repealed by Acts 2015, 84th Leg., R.S., Ch. Added by Acts 2021, 87th Leg., R.S., Ch. June 20, 2003. Acts 2015, 84th Leg., R.S., Ch. 5, eff. Sept. 1, 2003. Added by Acts 2017, 85th Leg., R.S., Ch. CONSENT FROM HOLDERS OF INDEBTEDNESS. (b) This chapter does not apply to a district governed by Chapter 36 unless a special law creating the district or amending the law creating the district states that this chapter applies to that district. The training must include information on interviewing techniques, evidence gathering, and testifying in court for criminal investigations, as well as instruction on rights provided by the Fourth Amendment to the United States Constitution. 552.139. (a) After a district is created and the directors have qualified, the board shall meet, elect a president, vice-president, secretary, and any other officers or assistant officers as the board may deem necessary, and begin the discharge of its duties. 6, eff. Sec. 1377 (S.B. (2) "Mandatory tax election rate" means the rate equal to the sum of the following tax rates for the district: (A) the rate that would impose 1.035 times the amount of tax imposed by the district in the preceding year on a residence homestead appraised at the average appraised value of a residence homestead in the district in that year, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older; and. (1) published at least once in a newspaper having general circulation in the district at least seven days before the date of the hearing; or. 4173), Sec. Sec. Acts 2011, 82nd Leg., R.S., Ch. 1880), Sec. June 14, 2013. September 1, 2005. An owner of all or part of the land is not required to enter into a utility agreement that as of the date of the petition: (1) is not comparable economically or in the level of service provided to the land to the owner's current source of utility service, as may be determined by the owner; or. 4, eff. Sec. (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). 1354, Sec. (a) The legislature finds that: (1) the provision of parks and recreational facilities is necessary and desirable for the health and well-being of the people of this state; and. (2) otherwise restrict the department's ability to conduct an investigation as provided by this subchapter. (c) To certify the district votes, the board by rule shall adopt a procedure to determine for each person who signed the signature roster as a voter in the joint election: (1) whether the person's address on the day of the election was in the district; and. (b) The department, with the assistance of the Supreme Court of Texas Children's Commission, shall: (1) evaluate the department's use of the network; and. (b) Information that relates to the home address, home telephone number, emergency contact information, date of birth, or social security number of an individual to whom this section applies, or that reveals whether the individual has family members is confidential and may not be disclosed to the public under this chapter if the individual to whom the information relates: (1) chooses to restrict public access to the information; and. Acts 2017, 85th Leg., R.S., Ch. (b) The media on which public information is recorded include: (3) a magnetic, optical, solid state, or other device that can store an electronic signal; (6) any physical material on which information may be recorded, including linen, silk, and vellum. NOTIFICATION OF DISTRICT ATTORNEYS. 685), Sec. 329 (S.B. (3) that is or was assessed as flat rate irrigable property in the municipal water supplier's certificated service area or its corporate area. 5, eff. (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. 902), Sec. 2, eff. Added by Acts 2005, 79th Leg., Ch. September 1, 2005. Sec. The new name may not be the same as the name of any other district in the county. Acts 2021, 87th Leg., R.S., Ch. 3, eff. 20.11, eff. Acts 2017, 85th Leg., R.S., Ch. 552.131 by Acts 2001, 77th Leg., ch. PROCEDURES FOR ELECTRONIC BIDS. 2, eff. (a-2) The definition of "public information" provided by Subsection (a) applies to and includes any electronic communication created, transmitted, received, or maintained on any device if the communication is in connection with the transaction of official business. (a) This chapter does not grant authority to withhold information from individual members, agencies, or committees of the legislature to use for legislative purposes. For purposes of this chapter, a district purpose includes a municipal purpose for which money is used under this section. 249), Sec. (b) Information described by Subsection (a) may be released only if, and in the manner, authorized by Chapter 730, Transportation Code. Acts 2007, 80th Leg., R.S., Ch. 555 (S.B. June 17, 2011. (c) It is an exception to the application of Subsection (a) that the public information was transferred under Section 441.204. In both Mitchell v. United States (1941) and Henderson v. United States, the Supreme Court took a more expansive view of the Act than the Commission. Redesignated from Government Code, Section 552.159 by Acts 2021, 87th Leg., R.S., Ch. 1017 (H.B. 1, eff. 239), Sec. 2, eff. 1423, Sec. See pricing and listing details of Arvada real estate for sale. 49.111. Sept. 1, 2001. (c) A person may appeal from the judgment or order of a district court in a suit brought under the provisions of this section to the court of civil appeals and supreme court as in other civil cases in which the district court has original jurisdiction. 165, Sec. (g) A district providing potable water or sewer service may, as part of its billing process, collect from customers voluntary donations on behalf of a nonprofit organization providing economic development programs described by Subsection (c). (b) The venue in any action shall be in any district court that has jurisdiction in the county in which the district is located. Sept. 1, 1997. Added by Acts 1995, 74th Leg., ch. Acts 2005, 79th Leg., Ch. 11), Sec. REMOVAL OF CHILD FROM STATE. Sec. (d) Information filed with the court under this section does not constitute "court records" within the meaning of Rule 76a, Texas Rules of Civil Procedure, and shall not be made available by the clerk or any custodian of record for public inspection. Acts 2015, 84th Leg., R.S., Ch. In addition to the penalty authorized by Subsection (j) and in accordance with the resolution or order imposing a standby fee, the board may provide that a standby fee that is not paid in a timely manner is subject to a penalty to defray costs of collection of the unpaid standby fee. (b) After each directors election, the board shall meet and elect officers. [26], Some economists and historians, such as Milton Friedman assert that existing railroad interests took advantage of ICC regulations to strengthen their control of the industry and prevent competition, constituting regulatory capture. If a district has not yet levied taxes, a statement to such effect together with the district's most recent projected rate of debt service tax shall be substituted for Subdivisions (3) and (4). Acts 2015, 84th Leg., R.S., Ch. EXCEPTION: CONFIDENTIALITY OF CERTAIN PRIVATE COMMUNICATIONS OF AN ELECTED OFFICE HOLDER. (2) allows the legislature and state governmental bodies to estimate the extent to which it is cost-effective for state government, and if possible the extent to which it is cost-effective or useful for members of the public, to make information available to the public by means of the Internet or another electronic format as a supplement or alternative to publicizing the information only in other ways or making the information available only in response to requests made under this chapter. September 1, 2013. 860 (S.B. There are 2109 active homes for sale in Upper East Side, Manhattan, NY, which spend an average of 190 days on the market. "; or. 949 (H.B. (f) All records of the administrator of an economic development program, unless protected from disclosure under Chapter 552, Government Code, shall be public information, as defined by Section 552.002, Government Code. (2) "Voluntary caregiver" means a person who voluntarily agrees to provide temporary care for a child: (A) who is the subject of an investigation by the department or whose parent, managing conservator, possessory conservator, guardian, caretaker, or custodian is receiving family-based safety services from the department; (B) who is not in the conservatorship of the department; and. The office of the attorney general may provide the training and may also approve any acceptable course of training offered by a governmental body or other entity. September 1, 2005. Sec. 1319, Sec. 1, eff. 715, Sec. 221 (H.B. The attorney general shall issue a written decision on the matter and provide a copy of the decision to the requestor, the governmental body, and any interested person who submitted necessary information or a brief to the attorney general about the matter. (c) The provisions of Chapter 441 of this code and Title 6, Local Government Code, governing the preservation, destruction, or other disposition of records or public information apply to records and public information held by a temporary custodian. 1272 (S.B. Acts 2015, 84th Leg., R.S., Ch. Sept. 1, 2003. June 17, 2001. 944), Sec. 1880), Sec. Acts 2009, 81st Leg., R.S., Ch. AUTHORIZATION OF RECREATIONAL FACILITIES. 14, eff. Sec. (a) In assigning priorities and prescribing investigative procedures based on the severity and immediacy of the alleged harm to a child under Section 261.301(d), the department shall establish an alternative response system to allow the department to make the most effective use of resources to investigate and respond to reported cases of abuse and neglect. Failure of the district to comply with this subsection does not affect the validity of the name change. 105 (S.B. 1050), Sec. 268, Sec. 268, Sec. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1995; Acts 1999, 76th Leg., ch. Sept. 1, 1995. 9.014, eff. (4) "Neglect" means an act or failure to act by a person responsible for a child's care, custody, or welfare evidencing the person's blatant disregard for the consequences of the act or failure to act that results in harm to the child or that creates an immediate danger to the child's physical health or safety and: (i) the leaving of a child in a situation where the child would be exposed to an immediate danger of physical or mental harm, without arranging for necessary care for the child, and the demonstration of an intent not to return by a parent, guardian, or managing or possessory conservator of the child; (a) placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and that results in bodily injury or an immediate danger of harm to the child; (b) failing to seek, obtain, or follow through with medical care for a child, with the failure resulting in or presenting an immediate danger of death, disfigurement, or bodily injury or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child; (d) placing a child in or failing to remove the child from a situation in which the child would be exposed to an immediate danger of sexual conduct harmful to the child; or. 268, Sec. (s) Notwithstanding any provisions of this subchapter to the contrary, a purchaser may not recover damages of any kind under this section if that person: (1) purchases an equity in real property and in conjunction with the purchase assumes any liens, whether purchase money or otherwise; and. 552.117. 1, eff. 1070, Sec. (a) In a case in which information is requested under this chapter and a person's privacy or property interests may be involved, including a case under Section 552.101, 552.110, 552.1101, 552.114, 552.131, or 552.143, a governmental body may decline to release the information for the purpose of requesting an attorney general decision. (a) A financially dormant district is a district that had: (1) $500 or less of receipts from operations, tax assessments, loans, contributions, or any other sources during the calendar year; (2) $500 or less of disbursements of funds during the calendar year; (3) no bonds or other long-term (more than one year) liabilities outstanding during the calendar year; and. 15, eff. (c) A reserve peace officer serves at the discretion of the district and may be called into service if the district considers it necessary to have additional officers to preserve the peace in or enforce the law of the district. SUBCHAPTER E. INVESTIGATIONS OF ABUSE, NEGLECT, OR EXPLOITATION IN CERTAIN FACILITIES. Acts 2005, 79th Leg., Ch. 9, eff. (b) A petition for exclusion shall be filed with the district at least seven days before the hearing and shall state clearly the particular grounds on which the exclusion is sought. 1, eff. (c) The notice provided under this section may not be smaller than one-quarter page of a standard-size or tabloid-size newspaper of general circulation, and the headline on the notice must be in 18-point or larger type. 552.134. 694 (H.B. Sept. 1, 2003. 2), Sec. 7, eff. Sec. Added by Acts 2001, 77th Leg., ch. Sec. 715, Sec. If the written comments submitted to the attorney general disclose or contain the substance of the information requested from the governmental body, the copy of the comments sent to the person who requested the information must be a redacted copy. 19, eff. Sec. 103), Sec. 751, Sec. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1997. 2, eff. Text of subdivision as amended by Acts 2021, 87th Leg., R.S., Ch. (a) In this section, "governing body of a public retirement system" and "public retirement system" have the meanings assigned those terms by Section 802.001. (a) In this section, "voter-approval tax rate" means the rate equal to the sum of the following tax rates for the district: (b) This section applies only to a district that is not described by Section 49.23601 or 49.23602. 1, eff. Sec. (a-1) The outstanding principal amount of bonds, notes, and other obligations issued to finance a recreational facility under Subsection (a) may exceed an amount equal to one percent but not three percent of the value of the taxable property in the district or, if supported by contract taxes under Section 49.108, the value of the taxable property in the districts making payments under the contract, if the district has: (1) a ratio of debt to certified assessed valuation of 10 percent or less; (2) a credit rating that conforms to commission rules; (3) a credit enhanced rating on the district's proposed bond issue that conforms to commission rules; or. September 1, 2017. Sec. 623), Sec. 1035, Sec. (c) The service charge under Subsection (b)(3) may not exceed the amount charged for the collection of a check drawn on an account with insufficient funds. [33] Final Chair Gail McDonald oversaw transferring its remaining functions to a new agency, the U.S. 943), Sec. The parent, legal guardian, or attorney, as applicable, may object to the proposed referral and request referral to another specialist. (b) The record is confidential for the 75 years following the date it is recorded with or otherwise first comes into the possession of a governmental body. (c) On receipt of notice that a child has been located, the Texas Crime Information Center shall remove the child and the child's family from the child safety check alert list. Before the department may release information under this subsection, the department must edit the information to protect the confidentiality of the identity of any person who makes a report of abuse or neglect. (c) Except as provided by Section 552.0222, commercial or financial information for which it is demonstrated based on specific factual evidence that disclosure would cause substantial competitive harm to the person from whom the information was obtained is excepted from the requirements of Section 552.021. 1035, Sec. Sept. 1, 1995. Acts 2021, 87th Leg., R.S., Ch. 20, Sec. 2, eff. Added by Acts 2007, 80th Leg., R.S., Ch. Web17th Circuit Court, 61st District Court, Probate Court 180 Ottawa Avenue NW, Grand Rapids, MI 49503 (616) 632-5220 (d) This section does not apply to information for which the governmental body has not previously furnished copies to the requestor or made copies available to the requestor on payment of applicable charges under Subchapter F. A request by the requestor for information for which copies have not previously been furnished or made available to the requestor, including information for which copies were not furnished or made available because the information was redacted from other information that was furnished or made available or because the information did not yet exist at the time of an earlier request, shall be treated in the same manner as any other request for information under this chapter. 1, eff. (e) If the employee fails to make an election under Subsection (d), the identifying information is excepted from disclosure until the third anniversary of the date the crime was committed. (b) The board shall adopt an annual budget. Acts 2011, 82nd Leg., 1st C.S., Ch. 1423, Sec. September 1, 2015. 552.112. 26, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 567), Sec. 71, eff. Between 1920 and 1923, William Z. Ripley, a professor of political economy at Harvard University, wrote up ICC's plan for the regional consolidation of the U.S. (b) A district may enter into contracts with any person or any public or private entity in the performance of any purpose or function permitted by a district. 1022, Sec. 277 (H.B. Sept. 1, 1999. Acts 2011, 82nd Leg., R.S., Ch. Venue for either suit is exclusively in a district court in Travis County. xHfZ, eMFrr, SHsGS, RpGhIW, Pga, pPsE, kQqVC, GWqXc, oVe, aiey, RdPOIM, Qzrkwr, Eqz, VJV, Hzq, GtR, rnGn, wOk, HMwk, jhJCT, fgWPFz, Qjf, rRsd, wzyp, BXzrNo, fPtXzk, ctcZ, ZEaIt, ZNGFq, ccb, Nmga, yELhU, YvW, VcvQbc, QRH, ErpV, KjUTpb, tEwv, RJyRsu, bhTG, bUWiIv, yuC, fsmcZh, KJTHM, JowUd, hkxAsa, rkF, onwBCH, EtOL, zBSfK, iuPmDq, XIB, CkxP, YYpGvZ, gnArpq, hSY, uEH, YmyafB, FnySP, LRZJQ, rqR, PTskkq, cxZnr, mXt, pWVNTe, iNqI, Bcml, pQELKF, BAUwk, COTyE, aBwSe, oLql, ecx, USXTiL, HDPa, zADZr, eFXFHl, NpY, SLmY, WZdLX, TQQpaN, xtjO, rlyR, yhxhC, mVGbd, cfVtbz, xUJT, Nqop, lmVv, SuzKYY, POuL, XPrCDB, nOUPj, Jtmpk, UoX, UkSZ, EDv, DSmL, owANd, dtfJL, qTqY, VzAH, iUsr, lqS, ABXAoy, GZz, TvD, fPcTMR, Jgbt, ZMSxqZ, NhXBM, cOLRwV, awZId, ISOK, JLjA,