87R2922 KKR-D     By: Krause H.B. No. 2662       A BILL TO BE ENTITLED   AN ACT   relating to the elimination of certain regulations waived during   the coronavirus disease (COVID-19) pandemic.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. ALCOHOLIC BEVERAGE CODE          SECTION 1.01.  Chapter 1, Alcoholic Beverage Code, is   amended by adding Section 1.021 to read as follows:          Sec. 1.021.  CONSTRUCTION OF CODE: DELIVERY OF CERTAIN   MERCHANDISE. Notwithstanding any other law, a provision of this   code may not be construed to prohibit the delivery of food and other   merchandise to a grocery store using a vehicle owned or operated by   a person holding a permit or license under this code.          SECTION 1.02.  Section 6.04(a), Alcoholic Beverage Code, is   amended to read as follows:          (a)  Notwithstanding any other provision of this code, for   [the holder of] a license or permit issued under this code that   expires after March 1, 2020, the holder of the license or permit may   renew the license or permit rather than reapply for an original   license or permit if, anytime [not later than the 30th day] after   the date of the expiration of the license or permit, the holder   files a renewal application and the required license or permit fee   with the commission [and pays a late fee] as provided by rules of   the commission. The commission may not charge a late fee for a   renewal application filed in accordance with this subsection.          SECTION 1.03.  The heading to Section 28.1001, Alcoholic   Beverage Code, is amended to read as follows:          Sec. 28.1001.  PICKUP AND [OFF-PREMISES] DELIVERY OF   ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION.          SECTION 1.04.  Section 28.1001, Alcoholic Beverage Code, is   amended by amending Subsections (a), (c), and (d) and adding   Subsections (a-1), (a-2), and (e) to read as follows:          (a)  In this section:                (1)  "Passenger area of a motor vehicle" has the   meaning assigned by Section 49.031, Penal Code.                (2)  "Tamper-proof container" means a closed cup or   similar container that is sealed with tape and placed into a bag   that has been sealed with a zip tie.          (a-1)  Notwithstanding any other provision of this code, the   holder of a mixed beverage permit may deliver, or have delivered by   a third party, including an independent contractor acting under   Chapter 57, an alcoholic beverage from the permitted premises to an   ultimate consumer located off-premises and in an area where the   sale of the beverage is legal if:                (1)  [the holder of the mixed beverage permit holds a   food and beverage certificate for the permitted premises;                [(2)  the delivery of the alcoholic beverage is made as   part of the delivery of food prepared at the permitted premises;                [(3)]  the alcoholic beverage is:                      (A)  a malt beverage [beer, ale,] or wine   delivered in an original container sealed by the manufacturer; or                      (B)  an alcoholic beverage other than a malt   beverage [beer, ale,] or wine that:                            (i)  is[,] delivered in an original,   single-serving container sealed by the manufacturer and not larger   than 375 milliliters; or                            (ii)  the permit holder mixes with other   beverages and stores in a tamper-proof container that is clearly   labeled with the permit holder's business name and the words   "alcoholic beverage"; and                (2) [(4)]  the delivery is not made to another [a]   premises that is permitted or licensed under this code.          (a-2)  Notwithstanding any other provision of this code, the   holder of a mixed beverage permit may allow an ultimate consumer to   pick up an alcoholic beverage described by Subsection (a-1)(1) and   remove the beverage from the permitted premises.          (c)  An alcoholic beverage picked up or [may be] delivered   under this section may be provided only to a person who is 21 years   of age or older after the person picking up the alcoholic beverage   or accepting the delivery presents valid proof of identity and age   and:                (1)  the person picking up the alcoholic beverage or   accepting the delivery personally signs a receipt, which may be   electronic, acknowledging the pickup or delivery; or                (2)  the person providing the beverage for pickup or   making the delivery acknowledges the completion of the pickup or   delivery through a software application.          (d)  This section does not authorize the holder of a brewpub   license who also holds a wine and malt beverage [beer] retailer's   permit to deliver alcoholic beverages directly to ultimate   consumers for off-premise consumption at a location other than the   licensed premises.          (e)  A person who picks up or delivers an alcoholic beverage   described by Subsection (a-1)(1)(B)(ii) may not transport the   alcoholic beverage in the passenger area of a motor vehicle.   ARTICLE 2. EDUCATION CODE          SECTION 2.01.  Section 18.006(b), Education Code, is amended   to read as follows:          (b)  In addition to other factors determined to be   appropriate by the commissioner, the accountability system must   include consideration of:                (1)  student performance on the [end-of-course]   assessment instruments administered under [required by] Section   39.023(c); and                (2)  dropout rates, including dropout rates and diploma   program completion rates for the grade levels served by the diploma   program.          SECTION 2.02.  Section 25.005(b), Education Code, is amended   to read as follows:          (b)  A reciprocity agreement must:                (1)  address procedures for:                      (A)  transferring student records;                      (B)  awarding credit for completed course work;   and                      (C)  permitting a student to satisfy the   requirements of Section 39.025 through successful performance on   comparable [end-of-course or other exit-level] assessment   instruments administered in another state; and                (2)  include appropriate criteria developed by the   agency.          SECTION 2.03.  Section 28.014(a), Education Code, is amended   to read as follows:          (a)  Each school district shall partner with at least one   institution of higher education to develop and provide courses in   college preparatory mathematics and English language arts. The   courses must be designed:                (1)  for students at the 12th grade level whose   performance on:                      (A)  an [end-of-course] assessment instrument   administered [required] under Section 39.023(c) does not meet   college readiness standards; or                      (B)  coursework, a college entrance examination,   or an assessment instrument designated under Section 51.334   indicates that the student is not ready to perform entry-level   college coursework; and                (2)  to prepare students for success in entry-level   college courses.          SECTION 2.04.  Section 28.0211(o), Education Code, is   amended to read as follows:          (o)  This section does not require the administration of   a fifth [or eighth] grade assessment instrument in a subject under   Section 39.023(a) to a student enrolled in the fifth [or eighth]   grade[, as applicable,] if the student[:                [(1)]  is enrolled in a course in the subject intended   for students above the student's grade level and will be   administered an assessment instrument adopted or developed under   Section 39.023(a) that aligns with the curriculum for the course in   which the student is enrolled[; or                [(2)  is enrolled in a course in the subject for which   the student will receive high school academic credit and will be   administered an end-of-course assessment instrument adopted under   Section 39.023(c) for the course].          SECTION 2.05.  Section 28.023(c), Education Code, is amended   to read as follows:          (c)  A school district shall give a student in grade level   six or above credit for a subject on the basis of an examination for   credit in the subject approved by the board of trustees under   Subsection (a) if the student scores in the 80th percentile or above   on the examination or if the student achieves a score as provided by   Subsection (c-1). If a student is given credit in a subject on the   basis of an examination, the district shall enter the examination   score on the student's transcript [and the student is not required   to take an end-of-course assessment instrument adopted under   Section 39.023(c) for that subject].          SECTION 2.06.  Sections 28.025(b-4) and (c-8), Education   Code, are amended to read as follows:          (b-4)  A school district may offer the curriculum described   in Subsections (b-1)(1) through (4) in an applied manner.  Courses   delivered in an applied manner must cover the essential knowledge   and skills[, and the student shall be administered the applicable   end-of-course assessment instrument as provided by Sections   39.023(c) and 39.025].          (c-8)  For purposes of Subsection (c-7), the admission,   review, and dismissal committee of a student in a special education   program under Subchapter A, Chapter 29, shall determine whether the   student is required to achieve satisfactory performance on an   [end-of-course] assessment instrument administered under Section   39.023(c) to earn an endorsement on the student's transcript.          SECTION 2.07.  Section 28.0255, Education Code, is amended   by amending Subsections (g) and (h) and adding Subsection (g-1) to   read as follows:          (g)  A student entering the ninth grade for the first time   beginning with the 2021-2022 school year is entitled to a high   school diploma if the student:                (1)  successfully complies with the curriculum   requirements specified under Subsection (e); and                (2)  performs satisfactorily, as determined by the   commissioner under Subsection (h), on each [end-of-course]   assessment instrument selected [instruments listed] under Section   39.023(c) by the school district [for courses] in which the student   is [was] enrolled.          (g-1)  A student other than a student described by Subsection   (g) is entitled to a high school diploma if the student:                (1)  successfully complies with the curriculum   requirements specified under Subsection (e); and                (2)  performs satisfactorily, as determined by the   commissioner under Subsection (h), on:                      (A)  each assessment instrument selected under   Section 39.023(c) by the school district in which the student is   enrolled; or                      (B)  assessment instruments listed under Section   39.023(c), as that section existed before amendment by _.B. ___,   Acts of the 87th Legislature, Regular Session, 2021, for courses in   which the student was enrolled.          (h)  For purposes of Subsections [Subsection] (g)(2) and   (g-1)(2), the commissioner shall determine the level of   satisfactory performance on applicable [end-of-course] assessment   instruments administered to a student.          SECTION 2.08.  Section 28.0258, Education Code, is amended   by amending Subsections (a), (b), (f), (h), (j), and (k) and adding   Subsections (m) and (n) to read as follows:          (a)  This section applies only to an 11th or 12th grade   student who has failed to comply with the [end-of-course]   assessment instrument performance requirements under Section   39.025 for not more than two subjects identified under Section   39.023(c) [courses].          (b)  For each student to whom this section applies, the   school district that the student attends shall establish an   individual graduation committee at the end of or after the   student's 11th grade year to determine whether the student may   qualify to graduate as provided by this section. A student may not   qualify to graduate under this section before the student's 12th   grade year. The committee shall be composed of:                (1)  the principal or principal's designee;                (2)  for each subject identified under Section   39.023(c) for [end-of-course assessment instrument on] which the   student failed to perform satisfactorily on the appropriate   corresponding required assessment instrument, a [the] teacher of   the student in that subject, designated by the principal [course];                (3)  the department chair or lead teacher supervising   the teacher described by Subdivision (2); and                (4)  as applicable:                      (A)  the student's parent or person standing in   parental relation to the student;                      (B)  a designated advocate described by   Subsection (c) if the person described by Paragraph (A) is unable to   serve; or                      (C)  the student, at the student's option, if the   student is at least 18 years of age or is an emancipated minor.          (f)  Notwithstanding any other law, a student's individual   graduation committee established under this section shall   recommend additional requirements by which the student may qualify   to graduate, including:                (1)  additional remediation; and                (2)  for each [end-of-course] assessment instrument   required under Section 39.023(c) on which the student failed to   perform satisfactorily:                      (A)  the completion of a project related to the   subject area [of the course] that demonstrates proficiency in the   subject area; or                      (B)  the preparation of a portfolio of work   samples in the subject area [of the course], including work samples   [from the course] that demonstrate proficiency in the subject area.          (h)  In determining whether a student for whom an individual   graduation committee is established is qualified to graduate, the   committee shall consider:                (1)  the recommendation of the student's teacher in   each course of the subject for which the student failed to perform   satisfactorily on an [end-of-course] assessment instrument;                (2)  the student's grade in each course of the subject   for which the student failed to perform satisfactorily on an   [end-of-course] assessment instrument;                (3)  the student's score on each [end-of-course]   assessment instrument required under Section 39.023(c) on which the   student failed to perform satisfactorily;                (4)  the student's performance on any additional   requirements recommended by the committee under Subsection (f);                (5)  the number of hours of remediation that the   student has attended, including[:                      [(A)  attendance in a college preparatory course   required under Section 39.025(b-2), if applicable; or                      [(B)]  attendance in and successful completion of   a transitional college course in reading or mathematics;                (6)  the student's school attendance rate;                (7)  the student's satisfaction of any of the Texas   Success Initiative (TSI) college readiness benchmarks prescribed   by the Texas Higher Education Coordinating Board;                (8)  the student's successful completion of a dual   credit course in English, mathematics, science, or social studies;                (9)  the student's successful completion of a high   school pre-advanced placement, advanced placement, or   international baccalaureate program course in English,   mathematics, science, or social studies;                (10)  the student's rating of advanced high on the most   recent high school administration of the Texas English Language   Proficiency Assessment System;                (11)  the student's score of 50 or greater on a   College-Level Examination Program examination;                (12)  the student's score on:                      (A)  the ACT or[,] the SAT, if not otherwise   considered under Subdivision (3); or                      (B)  the Armed Services Vocational Aptitude   Battery test;                (13)  the student's completion of a sequence of courses   under a career and technical education program required to attain   an industry-recognized credential or certificate;                (14)  the student's overall preparedness for   postsecondary success; and                (15)  any other academic information designated for   consideration by the board of trustees of the school district.          (j)  Notwithstanding any action taken by an individual   graduation committee under this section, a school district shall   administer an [end-of-course] assessment instrument required under   Section 39.023(c) to any student who fails to perform   satisfactorily on an [end-of-course] assessment instrument   required under Section 39.023(c) as provided by Section 39.025(b).   For purposes of Section 39.053(c)(1), an assessment instrument   administered as provided by this subsection is considered an   assessment instrument required for graduation retaken by a student.          (k)  The commissioner shall adopt rules as necessary to   administer [implement] this section [not later than the 2015-2016   school year].          (m)  For a student subject to Section 39.025(f-3)(1):                (1)  for purposes of Subsection (a), this section   applies only to an 11th or 12th grade student who has failed to   comply with the end-of-course assessment instrument performance   requirements under Section 39.025, as that section existed before   amendment by __.B. ___, Acts of the 87th Legislature, Regular   Session, 2021, for not more than two courses listed in Section   39.023(c), as that section existed before amendment by _.B. ___,   Acts of the 87th Legislature, Regular Session, 2021;                (2)  for purposes of the composition of an individual   graduation committee under Subsection (b)(2), the committee shall   include the teacher of the course for each end-of-course assessment   instrument described by Subdivision (1) for which the student   failed to perform satisfactorily;                (3)  for purposes of Subsection (h)(1), an individual   graduation committee shall consider the recommendation of the   teacher described by Subdivision (2); and                (4)  for purposes of Subsection (h)(2), an individual   graduation committee shall consider the student's grade in each   course described by Subdivision (2).          (n)  Subsection (m) and this subsection expire September 1,   2025.          SECTION 2.09.  Sections 29.081(b) and (b-1), Education Code,   are amended to read as follows:          (b)  Each district shall provide accelerated instruction to   a student enrolled in the district who has taken an [end-of-course]   assessment instrument administered under Section 39.023(c) and has   not performed satisfactorily on the assessment instrument or who is   at risk of dropping out of school.          (b-1)  Each school district shall offer before the next   scheduled administration of the assessment instrument, without   cost to the student, additional accelerated instruction to each   student in any subject in which the student failed to perform   satisfactorily on an [end-of-course] assessment instrument   required for graduation.          SECTION 2.10.  Section 29.087(f), Education Code, is amended   to read as follows:          (f)  A student participating in a program authorized by this   section, other than a student ordered to participate under   Subsection (d)(1), must have taken any [the] appropriate   [end-of-course] assessment instrument [instruments] specified by   Section 39.023(c) that is administered before the student enters   [entering] the program and must take any [each] appropriate   [end-of-course] assessment instrument that is administered during   the period in which the student is enrolled in the program. Except   for a student ordered to participate under Subsection (d)(1), a   student participating in the program may not take the high school   equivalency examination unless the student has taken the assessment   instruments required by this subsection.          SECTION 2.11.  Section 29.402(b), Education Code, is amended   to read as follows:          (b)  A person who is under 26 years of age is eligible to   enroll in a dropout recovery program under this subchapter if the   person:                (1)  must complete not more than three course credits   to complete the curriculum requirements for the foundation high   school program for high school graduation; or                (2)  has failed to perform satisfactorily on, as   applicable:                      (A)  an [end-of-course] assessment instrument   administered under Section 39.023(c);                      (B)  an assessment instrument administered under   Section 39.023(c) as that section existed before amendment by _.B.   ___, Acts of the 87th Legislature, Regular Session, 2021; or                      (C)  an assessment instrument administered under   Section 39.023(c) as that section existed before amendment by   Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular   Session, 2007.          SECTION 2.12.  Section 39.023(a), Education Code, as   effective until September 1, 2021, is amended to read as follows:          (a)  The agency shall adopt or develop appropriate   criterion-referenced assessment instruments designed to assess   essential knowledge and skills in reading, [writing,] mathematics,   [social studies,] and science. Except as provided by Subsection   (a-2), all students, other than students assessed under Subsection   (b) or (l) or exempted under Section 39.027, shall be assessed in:                (1)  mathematics, annually in grades three through   eight;                (2)  reading, annually in grades three through eight;   and                (3)  [writing, including spelling and grammar, in   grades four and seven;                [(4)  social studies, in grade eight;                [(5)]  science, in grades five and eight[; and                [(6)  any other subject and grade required by federal   law].          SECTION 2.13.  Section 39.023(a), Education Code, as   effective September 1, 2021, is amended to read as follows:          (a)  The agency shall adopt or develop appropriate   criterion-referenced assessment instruments designed to assess   essential knowledge and skills in reading, mathematics, [social   studies,] and science. Except as provided by Subsection (a-2), all   students, other than students assessed under Subsection (b) or (l)   or exempted under Section 39.027, shall be assessed in:                (1)  mathematics, annually in grades three through   eight;                (2)  reading, annually in grades three through eight;   and                (3)  [social studies, in grade eight;                [(4)]  science, in grades five and eight[; and                [(5)  any other subject and grade required by federal   law].          SECTION 2.14.  Section 39.023, Education Code, is amended by   amending Subsections (a-2), (b-1), (c), (c-3), (c-5), (c-8), (e),   (g), (h), (i), and (p) and adding Subsections (h-1) and (q) to read   as follows:          (a-2)  Except as required by federal law, a student is not   required to be assessed in a subject otherwise assessed at the   student's grade level under Subsection (a) if the student[:                [(1)]  is enrolled in a course in the subject intended   for students above the student's grade level and will be   administered an assessment instrument adopted or developed under   Subsection (a) that aligns with the curriculum for the course in   which the student is enrolled[; or                [(2)  is enrolled in a course in the subject for which   the student will receive high school academic credit and will be   administered an end-of-course assessment instrument adopted under   Subsection (c) for the course].          (b-1)  The agency, in conjunction with appropriate   interested persons, shall redevelop assessment instruments adopted   or developed under Subsection (b) for administration to   significantly cognitively disabled students in a manner consistent   with federal law. An assessment instrument under this subsection   may not require a teacher to prepare tasks or materials for a   student who will be administered such an assessment instrument. [A   classroom portfolio method used to assess writing performance may   require a teacher to prepare tasks and materials.]          (c)  The agency shall also provide for [adopt end-of-course]   assessment instruments for each federally required secondary-level   subject, including English language arts, mathematics, and   science. The commissioner shall identify a procedure for a school   district to select the Texas Success Initiative (TSI) diagnostic   assessment or the SAT, the ACT, the PSAT, or the ACT-Plan or any   other nationally recognized, norm-referenced secondary-level   assessment instrument designated by the commissioner for the   assessment of students under this subsection. Each school district   shall select one or more assessment instruments for purposes of   this subsection. A school district that selects more than one   assessment instrument must uniformly administer to students in the   district the same assessment instrument to satisfy the requirement   for the same subject [courses in Algebra I, biology, English I,   English II, and United States history. The Algebra I end-of-course   assessment instrument must be administered with the aid of   technology, but may include one or more parts that prohibit the use   of technology]. An [The English I and English II end-of-course]   assessment instrument designated under this section [instruments]   must [each] assess essential knowledge and skills in the   appropriate subject [both reading and writing and must provide a   single score]. A school district shall comply with State Board of   Education rules regarding administration of the assessment   instruments under [listed in] this subsection. If a student is in a   special education program under Subchapter A, Chapter 29, the   student's admission, review, and dismissal committee shall   determine whether any allowable modification is necessary in   administering to the student an assessment instrument required   under this subsection. [The State Board of Education shall   administer the assessment instruments. An end-of-course assessment   instrument may be administered in multiple parts over more than one   day. The State Board of Education shall adopt a schedule for the   administration of end-of-course assessment instruments that   complies with the requirements of Subsection (c-3).]          (c-3)  In [Except as provided by Subsection (c-7), in]   adopting a schedule for the administration of assessment   instruments under this section, the State Board of Education shall   ensure that assessment instruments administered under Subsection   (a) or (c) are not administered on the first instructional day of a   week.          (c-5)  A student's performance on an [end-of-course]   assessment instrument administered [required] under Subsection (c)   must be included in the student's academic achievement record.          (c-8)  Beginning with the 2022-2023 school year, an   assessment instrument developed under Subsection (a) [or (c)] may   not present more than 75 percent of the questions in a multiple   choice format.          (e)  Under rules adopted by the State Board of Education,   every third year, the agency shall release the questions and answer   keys to each assessment instrument administered under Subsection   (a), (b), [(c), (d),] or (l), excluding any assessment instrument   administered to a student for the purpose of retaking the   assessment instrument, after the last time the instrument is   administered for that school year. To ensure a valid bank of   questions for use each year, the agency is not required to release a   question that is being field-tested and was not used to compute the   student's score on the instrument. The agency shall also release,   under board rule, each question that is no longer being   field-tested and that was not used to compute a student's score.   [During the 2014-2015 and 2015-2016 school years, the agency shall   release the questions and answer keys to assessment instruments as   described by this subsection each year.]          (g)  An [The State Board of Education may adopt one   appropriate, nationally recognized, norm-referenced] assessment   instrument administered under Subsection (c) [in reading and   mathematics to be administered to a selected sample of students in   the spring. If adopted, a norm-referenced assessment instrument]   must be a secured test. The commissioner shall contract with a   vendor to administer the assessment instrument, complete the   scoring of the assessment instrument, and distribute within a   reasonable period the results to the agency and the relevant   results to each school district. As soon as practicable after the   district receives the results from the vendor under this   subsection, the district shall:                (1)  distribute the relevant results to each district   campus; and                (2)  provide written notice to the student and the   person standing in parental relation to the student that states the   student's results and whether the student performed satisfactorily   on the assessment instrument [The state may pay the costs of   purchasing and scoring the adopted assessment instrument and of   distributing the results of the adopted instrument to the school   districts. A district that administers the norm-referenced test   adopted under this subsection shall report the results to the   agency in a manner prescribed by the commissioner].          (h)  Except as provided by Subsection (g), the [The] agency   shall notify school districts and campuses of the results of   assessment instruments administered under this section not later   than the 21st day after the date the assessment instrument is   administered.          (h-1)  A [The] school district shall disclose to each   district teacher the results of assessment instruments   administered to students taught by the teacher in the subject for   the school year in which the assessment instrument is administered.          (i)  The provisions of this section[, except Subsection   (d),] are subject to modification by rules adopted under Section   39.022. Each assessment instrument adopted or designated under   those rules [and each assessment instrument required under   Subsection (d)] must be reliable and valid and must meet any   applicable federal requirements for measurement of student   progress.          (p)  On or before September 1 of each year, the commissioner   shall make the following information available on the agency's   Internet website for each assessment instrument administered under   Subsection (a)[, (c),] or (l) and for the Texas Success Initiative   (TSI) diagnostic assessment:                (1)  the number of questions on the assessment   instrument;                (2)  the number of questions that must be answered   correctly to achieve satisfactory performance as determined by the   commissioner under Section 39.0241(a);                (3)  the number of questions that must be answered   correctly to achieve satisfactory performance under the college   readiness performance standard as provided by Section 39.0241; and                (4)  the corresponding scale scores.          (q)  Notwithstanding any provision of this section or other   law, if changes made to the Every Student Succeeds Act (20 U.S.C.   Section 6301 et seq.) reduce the number or frequency of assessment   instruments required to be administered to students, the State   Board of Education shall adopt rules reducing the number or   frequency of assessment instruments administered to students under   state law, and the commissioner shall ensure that students are not   assessed in subject areas or in grades that are no longer required   to meet the minimum requirements of that Act.          SECTION 2.15.  The heading to Section 39.0232, Education   Code, is amended to read as follows:          Sec. 39.0232.  USE OF [END-OF-COURSE] ASSESSMENT INSTRUMENT   AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED.          SECTION 2.16.  Sections 39.0232(a), (b), and (c), Education   Code, are amended to read as follows:          (a)  To the extent practicable, the agency shall ensure that   any high school [end-of-course] assessment instrument designated   under Section 39.023(c) [developed by the agency is developed in   such a manner that the assessment instrument] may be used to   determine the appropriate placement of a student in a course of the   same subject matter at an institution of higher education.          (b)  A student's performance on an [end-of-course]   assessment instrument administered under Section 39.023(c) may not   be used:                (1)  in determining the student's class ranking for any   purpose, including entitlement to automatic college admission   under Section 51.803 or 51.804; or                (2)  as a sole criterion in the determination of   whether to admit the student to a general academic teaching   institution in this state.          (c)  Subsection (b)(2) does not prohibit a general academic   teaching institution from implementing an admission policy that   takes into consideration a student's performance on an   [end-of-course] assessment instrument administered under Section   39.023(c) in addition to other criteria.          SECTION 2.17.  Section 39.0234, Education Code, is amended   to read as follows:          Sec. 39.0234.  ELECTRONIC ADMINISTRATION OF ASSESSMENT   INSTRUMENTS. (a) Except as provided by Subsection (b), the [The]   agency shall ensure that assessment instruments required under   Section 39.023 are capable of being administered electronically.          (b)  Subsection (a) does not apply to a nationally   recognized, norm-referenced assessment instrument under Section   39.023(c).          SECTION 2.18.  Section 39.0241, Education Code, is amended   by amending Subsection (a-1) and adding Subsection (a-2) to read as   follows:          (a-1)  The commissioner of education, in collaboration with   the commissioner of higher education, shall determine the level of   performance necessary to indicate college readiness[, as defined by   Section 39.024(a)].          (a-2)  In this section, "college readiness" means the level   of preparation a student must attain in English language arts and   mathematics courses to enroll and succeed, without remediation, in   an entry-level general education course for credit in that same   content area for a baccalaureate degree or associate degree program   at:                (1)  a general academic teaching institution, as   defined by Section 61.003, other than a research institution, as   categorized under the Texas Higher Education Coordinating Board's   accountability system; or                (2)  a postsecondary educational institution that   primarily offers associate degrees or certificates or credentials   other than baccalaureate or advanced degrees.          SECTION 2.19.  Section 39.025, Education Code, is amended by   amending Subsections (a), (a-4), (b), and (b-1) and adding   Subsection (f-3) to read as follows:          (a)  The commissioner shall adopt rules requiring a student   in the foundation high school program under Section 28.025 to be   administered each [an end-of-course] assessment instrument   selected under [listed in] Section 39.023(c) by the school district    [only for a course] in which the student is enrolled [and for which   an end-of-course assessment instrument is administered].  A student   is required to achieve a scale score that indicates satisfactory   performance, as determined by the commissioner under Section   39.0241(a), on each [end-of-course] assessment instrument   administered to the student.  For each scale score required under   this subsection that is not based on a 100-point scale scoring   system, the commissioner shall provide for conversion, in   accordance with commissioner rule, of the scale score to an   equivalent score based on a 100-point scale scoring system. A   student may not receive a high school diploma until the student has   performed satisfactorily on each [end-of-course] assessment   instrument [instruments] in the manner provided under this   subsection.  This subsection does not require a student to   demonstrate readiness to enroll in an institution of higher   education.          (a-4)  The admission, review, and dismissal committee of a   student in a special education program under Subchapter A, Chapter   29, shall determine whether, to receive a high school diploma, the   student is required to achieve satisfactory performance on    [end-of-course] assessment instruments administered under Section   39.023(c).          (b)  Each time an [end-of-course] assessment instrument   [adopted] under Section 39.023(c) is administered, a student who   failed to achieve a score requirement under Subsection (a) may   retake the assessment instrument. [A student is not required to   retake a course as a condition of retaking an end-of-course   assessment instrument.]          (b-1)  A school district shall provide each student who fails   to perform satisfactorily as determined by the commissioner under   Section 39.0241(a) on an [end-of-course] assessment instrument   administered under Section 39.023(c) with accelerated instruction   [in the subject assessed by the assessment instrument].          (f-3)  The commissioner shall by rule adopt a transition plan   to implement the amendments made by __.B. ____, Acts of the 87th   Legislature, Regular Session, 2021, replacing end-of-course   assessment instruments with one or more assessment instruments   selected by a school district under Section 39.023(c).  The rules   must provide for each assessment instrument selected by a school   district under Section 39.023(c) to be administered beginning with   students enrolled in the ninth grade for the first time during the   2021-2022 school year.  During the period under which the   transition from end-of-course assessment instruments is made:                (1)  for students entering a grade above the ninth   grade during the 2021-2022 school year or students repeating ninth   grade during the 2021-2022 school year, the commissioner shall   retain, administer, and use for purposes of accreditation and other   campus and district accountability measures under this chapter the   end-of-course assessment instruments required by Section   39.023(c), as that section existed before amendment by __.B. ____,   Acts of the 87th Legislature, Regular Session, 2021; and                (2)  a student subject to Subdivision (1) may not   receive a high school diploma unless the student has performed   satisfactorily on:                      (A)  each required end-of-course assessment   instrument administered under Section 39.023(c), as that section   existed before amendment by __.B. ____, Acts of the 87th   Legislature, Regular Session, 2021; or                      (B)  each assessment instrument selected under   Section 39.023(c) by the district in which the student is enrolled.          SECTION 2.20.  Section 39.034(d), Education Code, is amended   to read as follows:          (d)  The agency shall determine the necessary annual   improvement required each year for a student to be prepared to   perform satisfactorily on, as applicable:                (1)  the grade five assessment instruments;                (2)  the grade eight assessment instruments; and                (3)  the [end-of-course] assessment instruments   required under this subchapter for graduation.          SECTION 2.21.  Section 39.035(a), Education Code, is amended   to read as follows:          (a)  Subject to Subsection (b), the agency may conduct field   testing of questions for any assessment instrument administered   under Section 39.023(a), (b), [(c), (d),] or (l) that is separate   from the administration of the assessment instrument not more   frequently than every other school year.          SECTION 2.22.  Section 39.203(c), Education Code, is amended   to read as follows:          (c)  In addition to the distinction designations described   by Subsections (a) and (b), a campus that satisfies the criteria   developed under Section 39.204 shall be awarded a distinction   designation by the commissioner for outstanding performance in   academic achievement in English language arts, mathematics, or    science[, or social studies].          SECTION 2.23.  Section 51.338(c), Education Code, is amended   to read as follows:          (c)  A student who has achieved scores set by the board on the   questions developed for end-of-course assessment instruments under   Section 39.0233(a), as that section existed before repeal by   __.B. ____, Acts of the 87th Legislature, Regular Session, 2021, is   exempt from the requirements of this subchapter.  The exemption is   effective for the three-year period following the date a student   takes the last assessment instrument for purposes of this   subchapter and achieves the standard set by the board.  This   subsection does not apply during any period for which the board   designates the questions developed for end-of-course assessment   instruments under Section 39.0233(a), as that section existed   before repeal by _.B. ____, Acts of the 87th Legislature, Regular   Session, 2021, as the primary assessment instrument under this   subchapter, except that the three-year period described by this   subsection remains in effect for students who qualify for an   exemption under this subsection before that period.          SECTION 2.24.  Section 61.06641(i), Education Code, is   amended to read as follows:          (i)  Notwithstanding Chapter 551, Government Code, or any   other law, the advisory council may meet by telephone conference   call, videoconference, or other similar telecommunication method.   A meeting held by telephone conference call, videoconference, or   other similar telecommunication method is subject to the   requirements of Sections 551.125(c), (d), (f), and (g)   [551.125(c)-(f)], Government Code.          SECTION 2.25.  The following provisions of the Education   Code are repealed:                (1)  Sections 39.023(a-15), (c-2), (c-4), (c-6), and   (d);                (2)  Section 39.023(c-7), as added by Chapter 1282   (H.B. 1244), Acts of the 86th Legislature, Regular Session, 2019;                (3)  Section 39.023(c-7), as added by Chapter 1315   (H.B. 3906), Acts of the 86th Legislature, Regular Session, 2019;                (4)  Section 39.0233;                (5)  Section 39.024;                (6)  Sections 39.025(a-1), (a-2), (a-3), (a-5), and   (e-1);                (7)  Section 39.053(d-1); and                (8)  Section 39.203(d).          SECTION 2.26.  As soon as practicable after the effective   date of this Act, each school district shall provide notice to an   eighth grade student under Section 39.025(g), Education Code,   informing the student of the specific requirements applicable to   the student under Sections 39.023(c) and 39.025(a), Education Code,   as amended by this Act.          SECTION 2.27.  A change in law made by this Act to a   provision of Title 2, Education Code, applies beginning with the   2021-2022 school year.   ARTICLE 3. ESTATES CODE          SECTION 3.01.  Subtitle F, Title 2, Estates Code, is amended   by adding Chapter 259 to read as follows:   CHAPTER 259. ELECTRONIC WILLS          Sec. 259.001.  SHORT TITLE. This chapter may be cited as the   Electronic Wills Act.          Sec. 259.002.  DEFINITIONS. In this chapter:                (1)  "Electronic" means relating to technology having   electrical, digital, magnetic, wireless, optical, electromagnetic,   or similar capabilities.                (2)  "Electronic notarial certificate" has the meaning   assigned by Section 406.101, Government Code.                (3)  "Electronic will" means a will executed in   compliance with Section 259.005.                (4)  "Online notary public" has the meaning assigned by   Section 406.101, Government Code.                (5)  "Record" means information that is inscribed on a   tangible medium or that is stored in an electronic or other medium   and is retrievable in perceivable form.                (6)  "Sign" means, with present intent to authenticate   or adopt a record:                      (A)  to execute or adopt a tangible symbol; or                      (B)  to affix to or logically associate with the   record an electronic symbol, sound, or process.          Sec. 259.0025.  ELECTRONIC PRESENCE. For purposes of this   chapter, two individuals are in each other's "electronic presence"   if the individuals are in different physical locations but able to   communicate simultaneously by sight and sound, with accommodation   for a testator or witness who has limited ability in sight or   hearing.          Sec. 259.003.  COMMON LAW AND PRINCIPLES OF EQUITY. The   common law and principles of equity supplement this chapter except   to the extent modified by this chapter or state law other than this   chapter.          Sec. 259.004.  WHO MAY MAKE AN ELECTRONIC WILL. An   individual who may make a will under the law of this state other   than this chapter may make an electronic will.          Sec. 259.005.  EXECUTION OF ELECTRONIC WILL. (a) An   electronic will must be in a record perceivable as text that is:                (1)  signed, with the intent that the record be the   testator's electronic will, by:                      (A)  the testator; or                      (B)  another individual in the testator's name, in   the testator's conscious physical or electronic presence, and at   the testator's direction; and                (2)  signed by at least two credible individuals who   are at least 14 years of age, each of whom signed in the physical or   electronic presence of the testator.          (b)  Intent of a testator that a record be the testator's   electronic will may be established by extrinsic evidence.          Sec. 259.006.  ELECTRONIC WILL MADE SELF-PROVING IF ALL   WITNESSES PHYSICALLY PRESENT. (a) An electronic will with all   attesting witnesses physically present in the same location as the   testator may be made self-proving by acknowledgment of the testator   and affidavits of the witnesses.          (b)  An acknowledgment and the affidavits under Subsection   (a) must be:                (1)  made before an officer authorized to administer   oaths under law of the state in which execution occurs, who is   physically present in the same location as the testator and   attesting witnesses; and                (2)  evidenced by the officer's certificate under   official seal logically associated with the electronic will.          (c)  The acknowledgment and affidavits under Subsection (a)   must be in substantially the following form:          Before me, the undersigned authority, on this day personally   appeared _____________, _____________, and _____________, known to   me to be the testator and witnesses, respectively, who signed their   names to this record in their respective capacities, and all of said   persons being by me duly sworn, the said _____________, testator,   declared to me and to the said witnesses in my presence that this   record is [his/her] electronic will, and that [he/she] had   willingly made and executed it as [his/her] free act and deed; and   the said witnesses, each on [his/her] oath stated to me, in the   physical presence and hearing of the said testator, that the said   testator had declared to them that this record is [his/her]   electronic will, and that [he/she] executed same as such and wanted   each of them to sign it as a witness; and upon their oaths each   witness stated further that they did sign the same as witnesses in   the presence of the said testator and at [his/her] request; that   [he/she] was at that time eighteen years of age or over (or being   under such age, was or had been lawfully married, or was then a   member of the armed forces of the United States, or an auxiliary of   the armed forces of the United States, or the United States Maritime   Service) and was of sound mind; and that each of said witnesses was   then at least fourteen years of age.          ___________________________          Testator          ___________________________          Witness          ___________________________          Witness          Subscribed and sworn to before me by the said _________,   testator, and by the said _____________ and ______________,   witnesses, this _____ day of __________, 20___.          (SEAL)          (Signed) ___________________          (Official Capacity of Officer)          Sec. 259.007.  ELECTRONIC WILL MADE SELF-PROVING WHERE ALL   WITNESSES NOT PHYSICALLY PRESENT. (a) In this section,   "authorized person" means:                (1)  an individual licensed to practice law in the   United States; or                (2)  a court clerk.          (b)  An electronic will without all attesting witnesses   physically present in the same location as the testator may be made   self-proving by:                (1)  acknowledgment of the testator and affidavits of   the witnesses:                      (A)  made before an online notary public; and                      (B)  evidenced by the online notary public's   electronic notarial certificate; or                (2)  an authorized person's certification in writing   under Subsection (e) that:                      (A)  the person is an authorized person;                      (B)  the testator declared that the record is the   testator's electronic will and that the testator understands the   will's contents;                      (C)  the testator signed the electronic will in   the electronic or physical presence of each individual who signed   the record as a witness;                      (D)  the authorized person is satisfied as to the   identity of the testator and the witnesses; and                      (E)  to the best of the authorized person's   knowledge the testator:                            (i)  was, at the time of the signing of the   electronic will, 18 years of age or older or, being under such age,   was or had been lawfully married or was then a member of the armed   forces of the United States, or an auxiliary of the armed forces of   the United States, or the United States Maritime Service;                            (ii)  was of sound mind; and                            (iii)  willingly made and executed the   electronic will as the testator's free act and deed.          (c)  An heir of the testator or a beneficiary under an   electronic will may not act as an authorized person under this   section.          (d)  An authorized person under this section submits to the   jurisdiction of the court in the county in which the testator   executes the electronic will.          (e)  A certification made under Subsection (b)(2) must be in   substantially the following form:          I, ______________________, an authorized person, certify   that on this ______ day of __________, 20____, at ______________,   ______________(city, state), the testator declared the attached   record to be the electronic will of the testator and declared that   the testator understands the contents of the electronic will. I   further certify that the testator, in the electronic or physical   presence of each individual who signed the electronic will as a   witness, signed the electronic will. I further certify that I am   satisfied as to the identity of the testator and the witnesses and   that to the best of my knowledge the testator was, at the time of the   signing of the electronic will, eighteen years of age or over or,   being under such age, was or had been lawfully married or was then a   member of the armed forces of the United States, or an auxiliary of   the armed forces of the United States, or the United States Maritime   Service, was of sound mind, and willingly made and executed the   electronic will as the testator's free act and deed.          ___________________________          (Signed)          Sec. 259.008.  ELECTRONIC WILL MADE SELF-PROVING AFTER   EXECUTION. (a) An electronic will with all attesting witnesses   physically present in the same location as the testator may be made   self-proving at any time after its execution by the acknowledgment   of the testator and the affidavits of the witnesses.          (b)  An acknowledgment and affidavits under Subsection (a)   must be:                (1)  made before an officer authorized to administer   oaths under the law of the state in which the acknowledgment occurs;   and                (2)  evidenced by the officer's certificate under   official seal, logically associated with the electronic will, in   substantially the following form:          I, ______________________, the testator, and we,   ______________________ and ______________________, witnesses,   whose names are signed to the attached or preceding electronic   will, being sworn, declare to the undersigned officer that the   testator signed the record as the testator's electronic will, the   testator willingly made and executed it as the testator's free act   and deed, each of the witnesses, in the physical presence and   hearing of the testator, signed the electronic will as witnesses to   the testator's signing, to the best of each witness's knowledge the   testator was at that time eighteen years of age or over (or being   under such age, was or had been lawfully married, or was then a   member of the armed forces of the United States, or an auxiliary of   the armed forces of the United States, or the United States Maritime   Service) and was of sound mind, and each of the witnesses was then   at least fourteen years of age.          ___________________________          Testator          ___________________________          Witness          ___________________________          Witness          State of __________________          County of _________________          Subscribed and sworn to before me by the said _________,   testator, and by the said _____________ and ______________,   witnesses, this _____ day of __________, 20____.          (SEAL)          (Signed) __________________          (Official Capacity of Officer)          Sec. 259.009.  PROOF OF ELECTRONIC WILL. A signature   physically or electronically affixed to an affidavit attached to an   electronic will under this chapter is considered a signature   affixed to the electronic will if necessary to prove the will's   execution.          Sec. 259.010.  CHOICE OF LAW AS TO EXECUTION. An electronic   will is validly executed if executed in compliance with the law of   the place where:                (1)  the testator is physically located at the time of   execution; or                (2)  at the time of execution or at the time of death,   the testator is domiciled, resides, or is a citizen.          Sec. 259.011.  REVOCATION. (a) An electronic will or part   of an electronic will is revoked by:                (1)  a subsequent will, including an electronic will,   that revokes the previous will or part of the previous will   expressly or by inconsistency; or                (2)  a revocatory act, if it is established by clear and   convincing evidence that:                      (A)  the testator performed the act with the   intent and for the purpose of revoking the will or part of the will;   or                      (B)  another individual performed the act in the   testator's physical or electronic presence and by the testator's   direction.          (b)  An electronic will may revoke a will that is not an   electronic will.          Sec. 259.012.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.   In applying and construing this chapter, consideration must be   given to the need to promote uniformity of the law with respect to   its subject matter among states that enact it.          Sec. 259.013.  RELATION TO ELECTRONIC SIGNATURES IN GLOBAL   AND NATIONAL COMMERCE ACT. This chapter modifies, limits, or   supersedes the Electronic Signatures in Global and National   Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify,   limit, or supersede Section 101(c) of that Act (15 U.S.C. Section   7001(c)) or authorize electronic delivery of any of the notices   described in Section 103(b) of that Act (15 U.S.C. Section   7003(b)).          SECTION 3.02.  Section 305.054, Estates Code, is amended to   read as follows:          Sec. 305.054.  ADMINISTRATION OF OATH. An oath may be taken   before any person authorized to administer oaths under the laws of   this state, including an online notary public using two-way video   and audio conference technology as provided by Subchapter C,   Chapter 406, Government Code.          SECTION 3.03.  Subchapter A, Chapter 751, Estates Code, is   amended by adding Section 751.00221 to read as follows:          Sec. 751.00221.  ELECTRONIC SIGNATURE; ONLINE NOTARIZATION.     (a)  An adult principal may sign a durable power of attorney or a   revocation of a durable power of attorney using an electronic   signature that:                (1)  is capable of verification;                (2)  is under the sole control of the principal using   it;                (3)  is linked to data in a manner that invalidates the   electronic signature if the data is changed; and                 (4)  persists with the instrument and not by   association in separate files.          (b)  A durable power of attorney in which the principal signs   the instrument using an electronic signature that complies with the   requirements of this section may be acknowledged before an online   notary public using two-way video and audio conference technology   as provided by Subchapter C, Chapter 406, Government Code.          SECTION 3.04.  Section 1105.052, Estates Code, is amended to   read as follows:          Sec. 1105.052.  ADMINISTRATION OF OATH. An oath may be taken   before any person authorized to administer oaths under the laws of   this state, including an online notary public using two-way video   and audio conference technology as provided by Subchapter C,   Chapter 406, Government Code.          SECTION 3.05.  Chapter 259, Estates Code, as added by this   Act, applies to the will of a decedent whose death occurs on or   after the effective date of this Act.   ARTICLE 4. GOVERNMENT CODE          SECTION 4.01.  Section 551.125, Government Code, is amended   to read as follows:          Sec. 551.125.  MEETING FROM REMOTE LOCATIONS BY TELEPHONE   CONFERENCE CALL [OTHER GOVERNMENTAL BODY]. (a) Except as   otherwise provided by this subchapter, this chapter does not   prohibit a governmental body from holding an open or closed meeting   from one or more remote locations by telephone conference call.          (b)  A meeting held by telephone conference call may be held   only if:                (1)  [an emergency or public necessity exists within   the meaning of Section 551.045 of this chapter; and                [(2)]  the convening at one location of a quorum of the   governmental body is difficult or impossible; or                (2) [(3)]  the meeting is held by an advisory board.          (c)  The telephone conference call meeting is subject to the   notice requirements applicable to other meetings except as   otherwise provided by Subsection (d).          (d)  The notice of the telephone conference call meeting   must:                (1)  include the statement "Telephone conference call   under Section 551.125, Government Code" in lieu of the place of the   meeting;                (2)  list each physical location where members of the   public may listen to or participate in the meeting, including:                      (A)  any location that is open to the public where   a member of the governmental body intends to participate in the   meeting; and                      (B)  any facility provided by the governmental   body for members of the public to listen to the meeting or provide   testimony;                (3)  include access information for an audio feed of   the meeting; and                (4)  if applicable, include instructions for members of   the public to provide testimony to the governmental body [specify   as the location of the meeting the location where meetings of the   governmental body are usually held].          (e)  Any method of access that is provided to the public for   listening to or participating in the telephone conference call   meeting must be widely available at no cost to the public,   including:                (1)  a toll-free telephone number; or                (2)  a free, widely available computer application that   can be installed on:                      (A)  a mobile telephone;                      (B)  a computer;                      (C)  an Internet-connected television; or                      (D)  a similar, widely available electronic   device.          (f) [(e)]  Each part of the telephone conference call   meeting that is required to be open to the public shall be audible   to the public using the access information described by Subsection   (d) [at the location specified in the notice of the meeting as the   location of the meeting] and shall be recorded. The recording shall   be made available to the public.          (g) [(f)]  The [location designated in the notice as the   location of the meeting shall provide two-way communication during   the entire telephone conference call meeting and the]   identification of each party to the telephone conference shall be   clearly stated prior to speaking.          (h)  If the governmental body prepares an agenda packet that   would have been distributed to members of the public at a   face-to-face meeting, the governmental body shall make the packet   available electronically so that members of the public listening   remotely can follow along with the meeting.          SECTION 4.02.  Section 551.127, Government Code, is amended   to read as follows:          Sec. 551.127.  MEETING FROM REMOTE LOCATIONS BY   VIDEOCONFERENCE CALL. (a) Except as otherwise provided by this   section, this chapter does not prohibit a governmental body from   holding an open or closed meeting from one or more remote locations   by videoconference call.          (b) [(a-1)]  A member or employee of a governmental body may   participate remotely in a meeting of the governmental body by means   of a videoconference call if the [video and] audio feed and, if   applicable, video feed of the member's or employee's   participation[, as applicable, is broadcast live at the meeting   and] complies with the provisions of this section.          (c) [(a-2)]  A member of a governmental body who   participates in a meeting as provided by Subsection (b) [(a-1)]   shall be counted as present at the meeting for all purposes.          (d) [(a-3)]  A member of a governmental body who   participates in a meeting by videoconference call shall be   considered absent from any portion of the meeting during which   audio [or video] communication with the member is lost or   disconnected. The governmental body may continue the meeting only   if members in a number sufficient to constitute a quorum of the body   remain audible and visible to each other and, during the open   portion of the meeting, to the public [remains present at the   meeting location or, if applicable, continues to participate in a   meeting conducted under Subsection (c)].          [(b)  A meeting may be held by videoconference call only if a   quorum of the governmental body is physically present at one   location of the meeting, except as provided by Subsection (c).          [(c)  A meeting of a state governmental body or a   governmental body that extends into three or more counties may be   held by videoconference call only if the member of the governmental   body presiding over the meeting is physically present at one   location of the meeting that is open to the public during the open   portions of the meeting.]          (e) [(d)]  A meeting held by videoconference call is subject   to the notice requirements applicable to other meetings except as   otherwise provided by Subsection (f) [in addition to the notice   requirements prescribed by this section].          (f) [(e)]  The notice of a meeting to be held by   videoconference call must:                (1)  include the statement "Videoconference call under   Section 551.127, Government Code" in lieu of the place of the   meeting;                (2)  list each physical location where members of the   public may observe or participate in the meeting, including:                      (A)  any location that is open to the public where   a member of the governmental body intends to participate in the   meeting; and                      (B)  any facility provided by the governmental   body for members of the public to observe the meeting or provide   testimony;                (3)  include access information for both audio-only and   audiovisual feeds of the meeting; and                (4)  if applicable, include instructions for members of   the public to provide testimony to the governmental body [specify   as a location of the meeting the location where a quorum of the   governmental body will be physically present and specify the intent   to have a quorum present at that location, except that the notice of   a meeting to be held by videoconference call under Subsection (c)   must specify as a location of the meeting the location where the   member of the governmental body presiding over the meeting will be   physically present and specify the intent to have the member of the   governmental body presiding over the meeting present at that   location. The location where the member of the governmental body   presiding over the meeting is physically present shall be open to   the public during the open portions of the meeting].          (g)  Any method of access that is provided to the public for   the purpose of observing or participating in a meeting held under   this section must be widely available at no cost to the public,   including:                (1)  a toll-free telephone number; or                (2)  a free, widely available computer application that   can be installed on:                      (A)  a mobile telephone;                      (B)  a computer;                      (C)  an Internet-connected television; or                      (D)  a similar, widely available electronic   device.          (h) [(f)]  Each portion of a meeting held by videoconference   call that is required to be open to the public shall be [visible   and] audible and, if applicable, visible to the public using the   access information described by Subsection (f) [at the location   specified under Subsection (e)]. If a problem occurs that causes a   meeting to no longer be [visible and] audible to the public [at that   location], the meeting must be recessed until the problem is   resolved. If the problem is not resolved in six hours or less, the   meeting must be adjourned.          (i) [(g)]  The governmental body shall make at least an audio   recording of the meeting. The recording shall be made available to   the public.          (j)  [(h)  The location specified under Subsection (e), and   each remote location from which a member of the governmental body   participates, shall have two-way audio and video communication with   each other location during the entire meeting.] The face of each   participant in the videoconference call who is participating in the   call using video communication, while that participant is speaking,   shall be clearly visible, and the voice audible, to each other   participant and, during the open portion of the meeting, to the   members of the public, including [in attendance at the physical   location described by Subsection (e) and] at any [other] location   described by Subsection (f)(2) [of the meeting that is open to the   public].          (k)  A participant in the videoconference call using solely   audio communication:                (1)  shall, while the participant is speaking, be   clearly audible to each other participant and, during the open   portion of the meeting, to the members of the public, including at   any location described by Subsection (f)(2); and                (2)  must be clearly identified before speaking.          (l) [(i)]  The Department of Information Resources by rule   shall specify minimum technical quality standards for [audio and   video signals at] a meeting held by videoconference call. [The   quality of the audio and video signals perceptible at each location   of the meeting must meet or exceed those standards.]          (m) [(j)]  The audio and video signals perceptible by   members of the public using the access information described under   Subsection (f) [at each location of the meeting described by   Subsection (h)] must be of sufficient quality so that members of the   public [at each location] can observe the demeanor or [and] hear the   voice, as applicable, of each participant in the open portion of the   meeting.          (n) [(k)]  Without regard to whether a member of the   governmental body is participating in a meeting from a remote   location by videoconference call, a governmental body may allow a   member of the public to testify at a meeting from a remote location   by videoconference call.          (o)  A governmental body that is holding a meeting by   videoconference call where public testimony is taken shall allow a   member of the public to testify from a remote location using video   or audio communication.          (p)  If the governmental body prepares an agenda packet that   would have been distributed to members of the public at a   face-to-face meeting, the governmental body shall make the packet   available electronically so that members of the public observing   remotely can follow along with the meeting.          SECTION 4.03.  Section 551.131(d), Government Code, is   amended to read as follows:          (d)  A meeting held by telephone conference call must   otherwise comply with the procedures under Sections 551.125(c),   (d), [(e), and] (f), and (g).   ARTICLE 5. HEALTH AND SAFETY CODE          SECTION 5.01.  Section 81.406(b), Health and Safety Code, is   amended to read as follows:          (b)  The task force may meet telephonically in accordance   with Section 551.125 [551.125(b)(3)], Government Code.          SECTION 5.02.  Section 117.056(b), Health and Safety Code,   is amended to read as follows:          (b)  To ensure appropriate representation from all areas of   this state, the committee may meet by videoconference or telephone   conference call. A meeting held by videoconference or telephone   conference call under this subsection must comply with the   requirements applicable to a telephone conference call under   Sections 551.125(c), (d), [(e), and] (f), and (g), Government Code.   Sections 551.125(b) and 551.127, Government Code, do not apply to   the committee.          SECTION 5.03.  Section 166.011, Health and Safety Code, is   amended by adding Subsection (d) to read as follows:          (d)  Notwithstanding any conflicting provision of this   chapter, an advance directive in which the declarant, witnesses,   and notary public each sign the directive or a written revocation of   the directive using an electronic signature that complies with the   requirements of this section may be acknowledged before an online   notary public using two-way video and audio conference technology   as provided by Subchapter C, Chapter 406, Government Code.          SECTION 5.04.  Section 251.011, Health and Safety Code, is   amended to read as follows:          Sec. 251.011.  LICENSE REQUIRED. Except as provided by   Sections [Section] 251.012 and 251.0125, a person may not operate   an end stage renal disease facility without a license issued under   this chapter.          SECTION 5.05.  Subchapter B, Chapter 251, Health and Safety   Code, is amended by adding Section 251.0125 to read as follows:          Sec. 251.0125.  ADDITIONAL EXEMPTIONS FROM LICENSING   REQUIREMENT FOR CERTAIN OFF-SITE FACILITIES. An end stage renal   disease facility licensed under this chapter may operate and   provide outpatient end stage renal disease services to a patient at   an off-site facility without obtaining a separate license for the   off-site facility if the off-site facility is:                (1)  a mobile medical unit;                (2)  a physician's office;                (3)  an end stage renal disease facility that was   licensed under this chapter and closed within the 36 months   preceding the operation of or provision of services to a patient at   the off-site facility;                (4)  an ambulatory surgical center that was licensed   under Chapter 243 and closed within the 36 months preceding the   operation of or provision of services to a patient at the off-site   facility; or                (5)  a freestanding emergency medical care facility   that was licensed under Chapter 254 and closed within the 36 months   preceding the operation of or provision of services to a patient at   the off-site facility.   SECTION 5.06.  Chapter 437, Health and Safety Code, is   amended by adding Section 437.026 to read as follows:          Sec. 437.026.  SALE OF CERTAIN FOOD BY FOOD SERVICE   ESTABLISHMENT. (a)  Except as provided by Subsection (b), a food   service establishment that holds a permit under this chapter may   sell directly to an individual consumer food, other than prepared   food, that:                (1)  is in its original condition or original packaging   as received by the establishment;                (2)  is labeled, which may include a handwritten label,   with the name and source of the food and the date the food is sold;                (3)  for meat or poultry, bears an official mark of   inspection from the department or the United States Department of   Agriculture;                (4)  for a meat product or poultry product, is obtained   from a source that is appropriately inspected and bears an official   mark of inspection described by Subdivision (3);                (5)  for a time and temperature control for safety food   as defined by Section 437.0196, does not exceed the shelf life   displayed on the food's packaging; and                (6)  for food requiring refrigeration other than   produce, is:                      (A)  maintained at or below 41 degrees Fahrenheit   until the establishment sells or donates the food; and                      (B)  protected from contamination.          (b)  A food service establishment described by Subsection   (a) may not sell directly to an individual consumer food that is:                (1)  in a package exhibiting damage or that is not   labeled with the manufacturer's original labeling; or                (2)  distressed because the food:                      (A)  has been subjected to fire, flooding,   excessive heat, smoke, radiation, or another environmental   contamination;                      (B)  is not held at the correct temperature for   the food type; or                      (C)  is stored for a prolonged period.          SECTION 5.07.  Section 773.050, Health and Safety Code, is   amended by adding Subsection (e-1) to read as follows:          (e-1)  In adopting minimum standards under Subsection (e),   the executive commissioner shall, during a state of disaster   declared under Chapter 418, Government Code, provide to a first   responder organization a grace period of not more than 30 days from   the date the organization's license expires for submission of   application materials and other information necessary to renew the   license.          SECTION 5.08.  Subchapter C, Chapter 773, Health and Safety   Code, is amended by adding Sections 773.0552 and 773.0553 to read as   follows:          Sec. 773.0552.  PROVISION OF EMERGENCY MEDICAL SERVICES BY   CERTAIN QUALIFIED PERSONS DURING DECLARED DISASTER. A medical   director of an emergency medical services system may, during a   state of disaster declared under Chapter 418, Government Code,   authorize an individual who is not certified as any type of   emergency medical services personnel but is otherwise qualified to   provide emergency medical services to provide those services to   patients treated or transported by an emergency medical services   provider for the system.          Sec. 773.0553.  TEMPORARY WAIVER OF SKILLS PROFICIENCY   TESTING REQUIREMENTS FOR CERTAIN EMERGENCY MEDICAL SERVICES   PERSONNEL. (a) The executive commissioner by rule shall authorize   emergency medical services personnel and out-of-state advanced   emergency medical technicians seeking reciprocity in this state to   temporarily waive skills proficiency testing requirements if the   personnel or technicians are unable to satisfy the testing   requirements for a reason determined appropriate by the executive   commissioner, including due to a state of disaster declared under   Chapter 418, Government Code.          (b)  Emergency medical services personnel and out-of-state   advanced emergency medical technicians who waive skills   proficiency testing requirements under Subsection (a) must satisfy   those testing requirements not later than six months from the date   the testing requirements are waived.          SECTION 5.09.  As soon as practicable after the effective   date of this Act, the executive commissioner of the Health and Human   Services Commission shall adopt rules to implement Section 437.026,   Health and Safety Code, as added by this Act.          SECTION 5.10.  Section 437.026, Health and Safety Code, as   added by this Act, applies only to the sale of food by a food service   establishment that occurs on or after the effective date of this   Act. The sale of food by a food service establishment that occurs   before the effective date of this Act is governed by the law in   effect on the date the sale occurred, and the former law is   continued in effect for that purpose.   ARTICLE 6. OCCUPATIONS CODE          SECTION 6.01.  Subchapter H, Chapter 51, Occupations Code,   is amended by adding Section 51.40101 to read as follows:          Sec. 51.40101.  TEMPORARY EXTENSION OF LICENSE RENEWAL   PERIOD AND WAIVER OF LICENSE RENEWAL LATE FEES DURING DISASTER   DECLARATION. (a)  In this section, "disaster declaration" means a   declaration by the governor of a state of disaster under Section   418.014, Government Code.          (b)  Notwithstanding Section 51.401 or any other law, the   department:                (1)  shall extend the period for renewing a license   that expires while a disaster declaration is in effect provided the   holder of the license files a renewal application and pays the   required renewal fee in accordance with commission rules governing   disaster renewals; and                (2)  may not charge a late fee for a license renewal   described by Subdivision (1).   SECTION 6.02.  Subtitle A, Title 3, Occupations Code, is   amended by adding Chapter 117 to read as follows:   CHAPTER 117. TEMPORARY LICENSE OR CERTIFICATE FOR CERTAIN HEALTH   PROFESSIONS DURING DISASTER          Sec. 117.001.  DEFINITION. In this chapter, "disaster   declaration" means a declaration by the governor of a state of   disaster under Section 418.014, Government Code.          Sec. 117.002.  APPLICABILITY. This chapter applies only to   an applicant for a license or certificate as a:                (1)  medical physicist;                (2)  perfusionist;                (3)  physician assistant; or                (4)  respiratory care practitioner.          Sec. 117.003.  TEMPORARY LICENSE OR CERTIFICATE   REQUIREMENTS. While a disaster declaration is in effect, the   appropriate licensing authority may issue a temporary license or   certificate to an applicant to whom this chapter applies if the   applicant:                (1)  currently has an active, pending application for   the applicable license or certificate on file with the applicable   licensing authority;                (2)  meets all the qualifications for the license or   certificate except the applicant has not passed the final   examination required for the license or certificate;                (3)  has obtained a sponsoring physician licensed in   this state; and                (4)  submits an application for the temporary license   or certificate in the form prescribed by the licensing authority.          Sec. 117.004.  CRIMINAL BACKGROUND CHECK. (a) A licensing   authority shall conduct a criminal background check of an applicant   for a temporary license or certificate under this chapter.           (b)  The licensing authority may use a name-based background   check instead of a fingerprint-based check only if a   fingerprint-based check is unavailable due to the disaster for   which the disaster declaration is issued.          Sec. 117.005.  SUPERVISION REQUIRED FOR PRACTICE.   Notwithstanding any other law, a person who holds a temporary   license or certificate issued under this chapter may practice as a   medical physicist, perfusionist, physician assistant, or   respiratory care practitioner, as applicable, only under the   supervision of a physician licensed in this state.          Sec. 117.006.  EXPIRATION OF TEMPORARY LICENSE OR   CERTIFICATE. A temporary license or certificate issued under this   chapter expires on the earlier of:                (1)  the date the disaster declaration expires; or                (2)  the date the appropriate licensing authority   terminates a person's temporary license or certificate.          SECTION 6.03.  Section 155.105(b), Occupations Code, is   amended to read as follows:          (b)  A physician-in-training permit does not authorize the   performance of a medical act by the permit holder unless the act is   performed[:                [(1)  as a part of the graduate medical education   training program; and                [(2)]  under the supervision of a physician.          SECTION 6.04.  Section 157.0512, Occupations Code, is   amended by adding Subsection (q) to read as follows:          (q)  Notwithstanding any other law, a prescriptive authority   agreement between a physician and an advanced practice registered   nurse or physician assistant may be entered into orally.          SECTION 6.05.  Section 301.157, Occupations Code, is amended   by adding Subsection (d-13) to read as follows:          (d-13)  The board may allow a student in the final year of a   nursing education program to satisfy the clinical practice   requirements of a course of study through any amount of simulation   activities if a state of disaster prevents the student from   completing the requirements through direct patient care.          SECTION 6.06.  Section 301.258, Occupations Code, is amended   by adding Subsection (e-1) to read as follows:          (e-1)  The board may extend the expiration date of a permit   issued under this section by not more than six months as necessary   to mitigate a nursing workforce shortage caused by a state of   disaster.          SECTION 6.07.  Subchapter F, Chapter 301, Occupations Code,   is amended by adding Section 301.2581 to read as follows:          Sec. 301.2581.  TEMPORARY ADVANCED PRACTICE REGISTERED   NURSE LICENSE. (a) The board shall issue a license to practice as   an advanced practice registered nurse to an applicant pending the   results of a national certification examination if the applicant   meets all other requirements for obtaining the license.          (b)  The board may not issue a license under this section to   an applicant who previously failed an advanced practice registered   nurse national certification examination.          (c)  A license issued under Subsection (a) expires on the   earlier of the date of receipt of:                (1)  a permanent license; or                (2)  notice from the board that the license holder has   failed the examination.          (d)  A person who holds a temporary license issued under this   section is considered to be an advanced practice registered nurse   for all purposes, except that the person does not have prescribing   and ordering authority as provided by Subchapter B, Chapter 157.          (e)  The board may extend the expiration date of a license   issued under this section by not more than six months as necessary   to mitigate an advanced practice registered nurse workforce   shortage caused by a state of disaster.          SECTION 6.08.  Section 301.261, Occupations Code, is amended   by adding Subsections (d-1), (d-2), and (d-3) to read as follows:          (d-1)  The board may waive a requirement that a person pay a   fee or complete a continuing education program to remove the   person's license from inactive status as necessary to mitigate a   nursing workforce shortage caused by a state of disaster.          (d-2)  Except as provided by Subsection (d-3), the board may,   as necessary to mitigate an advanced practice registered nurse   workforce shortage caused by a state of disaster, waive a   requirement that a person:                (1)  whose license to practice as an advanced practice   registered nurse has been inactive for at least two years but not   more than four years pay a reactivation fee, complete continuing   competency and current practice requirements, or meet the   requirements for renewing the person's prescriptive authority to   remove the person's license from inactive status; or                (2)  whose license to practice as an advanced practice   registered nurse has been inactive for at least four years pay a   reactivation fee or complete continuing competency requirements to   remove the person's license from inactive status.          (d-3)  Subsection (d-2) does not apply to a person:                (1)  whose license was suspended, revoked,   surrendered, or otherwise placed on inactive status based on the   terms of a prior disciplinary order; or                 (2)  who is currently under disciplinary monitoring or   investigation.          SECTION 6.09.  Section 301.301, Occupations Code, is amended   by adding Subsection (b-1) to read as follows:          (b-1)  The board may extend the expiration date of a license   issued under this chapter, including the deadline to comply with   any renewal requirement, by not more than six months as necessary to   mitigate a nursing workforce shortage caused by a state of   disaster.          SECTION 6.10.  Section 401.2022, Occupations Code, is   amended by adding Subsection (c) to read as follows:          (c)  Notwithstanding any other law, in adopting a rule under   this section, the commission:                (1)  shall authorize:                      (A)  a license holder, including a licensed intern   or licensed assistant, to provide services by telepractice through   the use of any interactive audiovisual communication system,   whether real-time or two-way, including a smart phone; and                      (B)  any supervision requirement for an applicant   under this chapter to be fulfilled wholly or partly by use of   telecommunications technology; and                (2)  may not:                      (A)  require a license holder's initial   professional contact with a client to be in-person; or                      (B)  impose any limitation on a license holder's   selection of a facilitator to assist the license holder in   providing services by telepractice.          SECTION 6.11.  Section 402.1023, Occupations Code, is   amended by adding Subsection (c) to read as follows:          (c)  Notwithstanding any other law, in adopting a rule under   this section, the commission:                (1)  shall authorize a license holder to provide   services by telepractice through the use of any interactive   audiovisual communication system, whether real-time or two-way,   including a smart phone; and                (2)  may not:                      (A)  require a license holder's initial   professional contact with a client to be in-person; or                      (B)  impose any limitation on a license holder's   selection of a facilitator to assist the license holder in   providing services by telepractice.          SECTION 6.12.  Section 402.255(a), Occupations Code, is   amended to read as follows:          (a)  A supervisor of a temporary training permit holder must:                (1)  be licensed to fit and dispense hearing   instruments under this chapter or Chapter 401, other than Section   401.311 or 401.312; and                (2)  [currently practice in an established place of   business; and                [(3)]  be responsible for the direct supervision and   education of a temporary training permit holder.          SECTION 6.13.  Section 403.151, Occupations Code, is amended   by adding Subsection (a-1) to read as follows:          (a-1)  Notwithstanding Subsection (a), a licensed dyslexia   practitioner may practice outside of an educational setting to the   extent necessary to provide a service that would otherwise be   provided in an educational setting that is not reasonably   accessible to the licensed dyslexia practitioner or client.          SECTION 6.14.  Subchapter D, Chapter 403, Occupations Code,   is amended by adding Section 403.153 to read as follows:          Sec. 403.153.  USE OF TELECOMMUNICATIONS TECHNOLOGY.   Notwithstanding any other law, a license holder may provide a   service solely through the use of an interactive audiovisual   communication system, whether real-time or two-way, including a   smart phone.          SECTION 6.15.  Section 506.003, Occupations Code, is amended   by adding Subsection (c-1) to read as follows:          (c-1)  Notwithstanding Subsection (c)(1), applied behavior   analysis interventions may be based on observation and measurement   of behavior and environment through the use of telecommunications   technology if approved by the certifying entity.          SECTION 6.16.  Section 506.055, Occupations Code, is amended   to read as follows:          Sec. 506.055.  STUDENTS, INTERNS, AND FELLOWS. (a) This   chapter does not apply to an applied behavior analysis activity or   service of a college or university student, intern, or fellow if:                (1)  the activity or service is part of a defined   behavior analysis program of study, course, practicum, internship,   or postdoctoral fellowship;                (2)  the activity or service is directly supervised by   a licensed behavior analyst or an instructor in a course sequence   approved by the certifying entity; and                (3)  the person is designated as a "student," "intern,"   "fellow," or "trainee."          (b)  Notwithstanding Subsection (a)(2), a licensed behavior   analyst or an instructor may supervise a behavior analysis activity   or service through the use of telecommunications technology if   approved by the applicable college or university and the certifying   entity.          SECTION 6.17.  Section 554.005, Occupations Code, is amended   by adding Subsection (d) to read as follows:          (d)  In implementing Subsection (a)(3)(C)(iv), the board by   rule shall authorize a pharmacist to provide any required patient   counseling by telephone.          SECTION 6.18.  (a) The Texas Commission of Licensing and   Regulation shall adopt rules under Section 51.40101, Occupations   Code, as added by this Act, not later than January 1, 2022.          (b)  Section 51.40101, Occupations Code, as added by this   Act, applies to the renewal of a license or other authorization   issued by the Texas Department of Licensing and Regulation that   expires on or after January 1, 2022. A license or other   authorization that expires before that date is governed by the law   in effect on the date the license or other authorization expired,   and the former law is continued in effect for that purpose.          SECTION 6.19.  Section 155.105(b), Occupations Code, as   amended by this Act, applies only to conduct that occurs on or after   the effective date of this Act.  Conduct that occurs before the   effective date of this Act is governed by the law in effect on the   date the conduct occurred, and the former law is continued in effect   for that purpose.          SECTION 6.20.  The changes in law made by this Act to   Chapters 401, 402, 403, and 506, Occupations Code, apply only to   conduct that occurs on or after the effective date of this Act.   Conduct that occurs before the effective date of this Act is   governed by the law in effect on the date the conduct occurred, and   the former law is continued in effect for that purpose.   ARTICLE 7. TRANSPORTATION CODE          SECTION 7.01.  Section 370.262(a), Transportation Code, is   amended to read as follows:          (a)  Chapter 551, Government Code, does not prohibit any open   or closed meeting of the board, a committee of the board, or the   staff, or any combination of the board or staff, from being held by   telephone conference call. The board may hold an open or closed   meeting by telephone conference call subject to the requirements of   Sections 551.125(c), (d), (f), and (g) [551.125(c)-(f)],   Government Code, but is not subject to the requirements of   Subsection (b) of that section.   ARTICLE 8. CONFLICTING ACTS; EFFECTIVE DATE          SECTION 8.01.  To the extent of any conflict, this Act   prevails over another Act of the 87th Legislature, Regular Session,   2021, relating to nonsubstantive additions to and corrections in   enacted codes.          SECTION 8.02.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.   If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2021.