HB1620 - Relating to nonsubstantive additions to, revisions of, and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 88th Legislature to other Acts of that legislature.

      H.B. No. 1620         AN ACT   relating to nonsubstantive additions to, revisions of, and   corrections in enacted codes, to the nonsubstantive codification or   disposition of various laws omitted from enacted codes, and to   conforming codifications enacted by the 88th Legislature to other   Acts of that legislature.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. GENERAL PROVISIONS          SECTION 1.001.  This Act is enacted as part of the state's   continuing statutory revision program under Chapter 323,   Government Code. This Act is a revision for purposes of Section 43,   Article III, Texas Constitution, and has the purposes of:                (1)  codifying without substantive change or providing   for other appropriate disposition of various statutes that were   omitted from enacted codes;                (2)  conforming codifications enacted by the 88th   Legislature to other Acts of that legislature that amended the laws   codified or added new law to subject matter codified;                (3)  revising without substantive change provisions in   enacted codes;                (4)  making necessary corrections to enacted codes; and                (5)  renumbering or otherwise redesignating titles,   chapters, and sections of codes that duplicate title, chapter, or   section designations.          SECTION 1.002.  (a) The repeal of a statute by this Act does   not affect an amendment, revision, or reenactment of the statute by   the 89th Legislature, Regular Session, 2025. The amendment,   revision, or reenactment is preserved and given effect as part of   the code provision that revised the statute so amended, revised, or   reenacted.          (b)  If any provision of this Act conflicts with a statute   enacted by the 89th Legislature, Regular Session, 2025, the statute   controls.          SECTION 1.003.  (a) A transition or saving provision of a   law codified by this Act applies to the codified law to the same   extent as it applied to the original law.          (b)  The repeal of a transition or saving provision by this   Act does not affect the application of the provision to the codified   law.          (c)  In this section, "transition provision" includes any   temporary provision providing for a special situation in the   transition period between the existing law and the establishment or   implementation of the new law.          SECTION 1.004.  (a) The repeal of a law, including a   validating law, by this Act does not remove, void, or otherwise   affect in any manner a validation under the repealed law. The   validation is preserved and continues to have the same effect that   it would have if the law were not repealed.          (b)  Subsection (a) of this section does not diminish the   saving provisions prescribed by Section 311.031, Government Code.   ARTICLE 2.  CHANGES RELATING TO AGRICULTURE CODE   SECTION 2.001.  Section 251.002(1), Agriculture Code, as   amended by Chapters 135 (H.B. 2308), 319 (H.B. 1750), 586 (H.B.   2947), and 711 (H.B. 2271), Acts of the 88th Legislature, Regular   Session, 2023, is reenacted and amended to read as follows:                (1)  "Agricultural operation" includes the following   activities:                      (A)  cultivating the soil;                      (B)  producing crops or growing vegetation for   human food, animal feed, livestock forage, forage for wildlife   management, planting seed, or fiber;                      (C)  floriculture;                      (D)  viticulture;                      (E)  horticulture;                      (F)  silviculture;                      (G)  wildlife management;                      (H)  raising or keeping livestock or poultry,   including veterinary services;                      (I)  planting cover crops or leaving land idle for   the purpose of participating in any governmental program or normal   crop or livestock rotation procedure; [ and ]                      (J)  the commercial sale of animals, as defined by   Section 252.001 of this code ; and                       (K)  [ (J) ]  aquaculture.   ARTICLE 3.  CHANGES RELATING TO BUSINESS & COMMERCE CODE   SECTION 3.001.  Section 109.005(a), Business & Commerce   Code, is amended to correct a reference to read as follows:          (a)  A business entity may not publish any criminal record   information in the business entity's possession with respect to   which the business entity has knowledge or has received notice   that:                (1)  an order of expunction has been issued under   Subchapter E or F, Chapter 55A [ Article 55A.201 ], Code of Criminal   Procedure; or                (2)  an order of nondisclosure of criminal history   record information has been issued under Subchapter E-1, Chapter   411, Government Code.   ARTICLE 4.  CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE   SECTION 4.001.  Section 14A.001(1), Civil Practice and   Remedies Code, as added by Chapter 203 (S.B. 1180), Acts of the 88th   Legislature, Regular Session, 2023, is repealed as duplicative of   Section 14A.001(1), Civil Practice and Remedies Code, as added by   Chapter 351 (S.B. 1179), Acts of the 88th Legislature, Regular   Session, 2023.          SECTION 4.002.  Section 14A.054(f), Civil Practice and   Remedies Code, as added by Chapter 203 (S.B. 1180), Acts of the 88th   Legislature, Regular Session, 2023, is repealed as duplicative of   Section 14A.054(f), Civil Practice and Remedies Code, as added by   Chapter 351 (S.B. 1179), Acts of the 88th Legislature, Regular   Session, 2023.   SECTION 4.003.  Section 78B.001(1), Civil Practice and   Remedies Code, is amended to conform to Chapter 765 (H.B. 4504),   Acts of the 88th Legislature, Regular Session, 2023, to read as   follows:                (1)  "First responder" means a law enforcement, fire   protection, or emergency medical services employee, volunteer, or   agency, including:                      (A)  a peace officer, as defined by Article 2A.001   [ 2.12 ], Code of Criminal Procedure;                      (B)  fire protection personnel, as defined by   Section 419.021, Government Code;                      (C)  a volunteer firefighter who is:                            (i)  certified by the Texas Commission on   Fire Protection or by the State Firefighters' and Fire Marshals'   Association of Texas; or                            (ii)  a member of an organized volunteer   firefighting unit that provides firefighting services without   compensation and conducts a minimum of two drills each month, each   two hours long;                      (D)  an individual certified as emergency medical   services personnel by the Department of State Health Services; and                      (E)  an agency of this state or a political   subdivision of this state authorized by law to employ or supervise   personnel described by Paragraphs (A)-(D).   SECTION 4.004.  Section 82.009(a), Civil Practice and   Remedies Code, is amended to conform to Chapter 709 (H.B. 2190),   Acts of the 88th Legislature, Regular Session, 2023, to read as   follows:          (a)  In this section, "retrofit" means to install new   equipment or component parts that were not included in a motor   vehicle when the vehicle was manufactured or sold. The term does   not include:                (1)  routine maintenance; or                (2)  repairs to the vehicle:                      (A)  as a result of wear and tear; or                      (B)  required by damage resulting from a collision   [ an accident ] or other cause.   ARTICLE 5.  CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE   SECTION 5.001.  (a)  Article 2A.001, Code of Criminal   Procedure, is amended to conform to Section 2, Chapter 624 (H.B.   4372), Section 1, Chapter 870 (H.B. 3981), Section 1, Chapter 950   (S.B. 1727), and Section 1, Chapter 984 (S.B. 2612), Acts of the   88th Legislature, Regular Session, 2023, to read as follows:          Art. 2A.001.  PEACE OFFICERS GENERALLY.  The following are   peace officers:                (1)  a sheriff, a sheriff's deputy, or a reserve deputy   sheriff who holds a permanent peace officer license issued under   Chapter 1701, Occupations Code;                (2)  a constable, a deputy constable, or a reserve   deputy constable who holds a permanent peace officer license issued   under Chapter 1701, Occupations Code;                (3)  a marshal or police officer of a municipality or a   reserve municipal police officer who holds a permanent peace   officer license issued under Chapter 1701, Occupations Code;                (4)  a ranger, officer, or member of the reserve   officer corps commissioned by the Public Safety Commission and the   director of the Department of Public Safety;                (5)  an investigator of a district attorney's, criminal   district attorney's, or county attorney's office;                (6)  a law enforcement agent of the Texas Alcoholic   Beverage Commission;                (7)  a member of an arson investigating unit   commissioned by a municipality, a county, or the state;                (8)  an officer commissioned under Section 37.081 or   37.0818 , Education Code, or Subchapter E, Chapter 51, Education   Code;                (9)  an officer commissioned by the Texas Facilities   Commission;                (10)  a law enforcement officer commissioned by the   Parks and Wildlife Commission;                (11)  an officer commissioned under Chapter 23,   Transportation Code;       &#xA [Text truncated for display. 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