EIGHTY-SEVENTH DAY - SATURDAY, MAY 29, 1999

The house met at 1:00 p.m. and was called to order by the speaker.

The roll of the house was called and a quorum was announced present (Record 513).

Present - Mr. Speaker; Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Sadler; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Absent, Excused - Crownover; Jones, D.

The invocation was offered by Charles Patterson, pastor, Church of the Hills, Cedar Park, as follows:

Our Heavenly Father, thank you for both the privilege and responsibility of living and serving in this wonderful country and in the State of Texas. The affairs of this state and the people of this state are very important to you. I pray that your name be honored and revered in these chambers today.

I pray that your will would prevail in the deliberations and decisions made among these esteemed men and women chosen to serve the people of Texas. I pray that today you would give these men and women the provision of your wisdom and perspective on the issues before them.

Forgive us, father, for those occasions where we have not considered you or your will in our decisions and in our actions. Grant us the grace, father, to forgive those who have not considered us in their decisions and in their actions.

Please deliver us, father, from those things that may be hidden from us now but would injure or destroy the life you have given to us and to our children. I humbly ask these things in the name of the Lord, Jesus Christ.

For yours, O Lord, is the kingdom and the power and the glory forever. Amen.

COMMITTEES GRANTED PERMISSION TO MEET

Representative McReynolds requested permission for all conference committees to meet while the house is in session for the remainder of the session.

Permission to meet was granted without objection.

COMMITTEE MEETING ANNOUNCEMENT

The following committee meeting was announced:

Conference Committee on SB 4, 1:15 p.m. today, E1.036, to consider SB 4.

LEAVES OF ABSENCE GRANTED

The following member was granted leave of absence for the remainder of today to attend a meeting of the conference committee on SB 4:

Sadler on motion of McReynolds.

The following members were granted leaves of absence temporarily for today to attend a meeting of the conference committee on SB 4:

Dunnam on motion of McReynolds.

Dutton on motion of McReynolds.

Grusendorf on motion of McReynolds.

Hochberg on motion of McReynolds.

MESSAGE FROM THE SENATE

A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 1).

(Kuempel in the chair)

HR 1300 - ADOPTED

(by Luna)

The following privileged resolution was laid before the house:

HR 1300

BE IT RESOLVED by the House of Representatives of the State of Texas, 76th Legislature, Regular Session, 1999, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences between the house and senate versions of HB 1275, relating to providing a parent with a copy of a special education student's education plan translated into the parent's native language, to consider and take action on the following matter:

House Rule 13, Sections 9(a)(3) and (4) are suspended to permit the committee to add text to read as follows:

SECTION 1. Section 29.005, Education Code, is amended by adding Subsection (d) to read as follows:

(d) If the child's parent is unable to speak English, the district shall:

(1) provide the parent with a written or audiotaped copy of the child's individualized education program translated into Spanish if Spanish is the parent's native language; or

(2) if the parent's native language is a language other than Spanish, make a good faith effort to provide the parent with a written or audiotaped copy of the child's individualized education program translated into the parent's native language.

SECTION 2. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

Explanation: This change is necessary to require a school district to provide a copy of an individualized education program in Spanish if a parent's native language is Spanish, and to require, if a parent's native language is a language other than Spanish, a good faith effort to provide the copy in that language.

HR 1300 was adopted without objection.

HR 1295 - ADOPTED

(by Hochberg)

The following privileged resolution was laid before the house:

HR 1295

BE IT RESOLVED by the House of Representatives of the State of Texas, 76th Legislature, Regular Session, 1999, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on SB 138, relating to government restrictions on the exercise of religion, to consider and take action on the following matter:

House Rule 13, Sections 9(a)(1), (2), and (3), is suspended to permit the committee to omit text relating to a presumption established by certain ordinances, rules, orders, decisions, or practices, and substitute the following new SECTIONS, appropriately numbered:

SECTION ____. Subchapter G, Chapter 61, Human Resources Code, is amended by adding Section 61.097 to read as follows:

Sec. 61.097. APPLICATION OF LAW RELATING TO FREE EXERCISE OF RELIGION. For purposes of Chapter 110, Civil Practice and Remedies Code, an ordinance, rule, order, decision, or practice that applies to a person in the custody of a juvenile detention facility or other correctional facility operated by or under a contract with the commission, a county, or a juvenile probation department is presumed to be in furtherance of a compelling governmental interest and the least restrictive means of furthering that interest. The presumption may be rebutted.

SECTION ____. Chapter 76, Government Code, is amended by adding Section 76.018 to read as follows:

Sec. 76.018. APPLICATION OF LAW RELATING TO FREE EXERCISE

OF RELIGION. For purposes of Chapter 110, Civil Practice and Remedies Code, an ordinance, rule, order, decision, or practice that applies to a person in the custody of a correctional facility operated by or under a contract with a community supervision and corrections department is presumed to be in furtherance of a compelling governmental interest and the least restrictive means of furthering that interest. The presumption may be rebutted.

SECTION ____. Chapter 493, Government Code, is amended by adding Section 493.023 to read as follows:

Sec. 493.023. APPLICATION OF LAW RELATING TO FREE EXERCISE OF RELIGION. For purposes of Chapter 110, Civil Practice and Remedies Code, an ordinance, rule, order, decision, or practice that applies to a person in the custody of a jail or other correctional facility operated by or under a contract with the department is presumed to be in furtherance of a compelling governmental interest and the least restrictive means of furthering that interest. The presumption may be rebutted.

SECTION ____. Chapter 361, Local Government Code, is amended by adding Subchapter G to read as follows:

SUBCHAPTER G. RELIGIOUS FREEDOM

Sec. 361.101. APPLICATION OF LAW RELATING TO FREE EXERCISE OF RELIGION. For purposes of Chapter 110, Civil Practice and Remedies Code, an ordinance, rule, order, decision, or practice that applies to a person in the custody of a municipal or county jail or other correctional facility operated by or under a contract with a county or municipality is presumed to be in furtherance of a compelling governmental interest and the least restrictive means of furthering that interest. The presumption may be rebutted.

Explanation: This change is necessary to place text relating to certain government agencies in the law relating specifically to those agencies and to clarify the application of the presumption established by the affected text to certain juvenile detention and other correctional facilities.

HR 1295 was adopted without objection.

MESSAGE FROM THE GOVERNOR

The chair laid out and had read the following message from the governor:

Pursuant to Article IV, Section 14, Texas Constitution, I, George W. Bush, Governor of Texas, do hereby disapprove and veto HB 2107 because of the following objection:

HB 2107 imposes an unwarranted tax increase on fireworks that would force the effective sales tax in some areas of the state to exceed the statutory limit of 8.25 percent. The bill would compel consumers to pay for a new fire prevention program that duplicates an established and already funded program controlled and implemented by the Commission on Fire Protection. The Commission's existing program addresses the issues raised by this bill thus rendering it unnecessary.

IN TESTIMONY WHEREOF, I have hereunto signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 28th day of May, 1999.

George W. Bush

Governor

(Seal)

May 28, 1999

NOTICE OF INTRODUCTION

Pursuant to the provisions of Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of the following resolutions, suspending the limitations on the conferees: HR 1303 for SB 1520; HR 1304 for HB 3549; HR 1305 for SB 840; and HR 1307 for SB 560.

BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER

Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, Senate List No. 34).

HCR 311 - ADOPTED

(by Chisum)

Representative Chisum moved to suspend all necessary rules to take up and consider at this time HCR 311.

The motion prevailed without objection.

The following resolution was laid before the house:

HCR 311, Commending Oklahoma State Senator Larry Dickerson and wishing him well.

HCR 311 was adopted without objection.

HR 295 - ADOPTED

(by Wise)

Representative Wise moved to suspend all necessary rules to take up and consider at this time HR 295.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 295, Recognizing FM 1015 as an "International Birding Corridor" and requesting the Texas of Department of Transportation to erect markers along the corridor.

HR 295 was adopted without objection.

BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER

Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, House List No. 70).

RESOLUTIONS REFERRED TO COMMITTEES

Resolutions were at this time laid before the house and referred to committees. (See the addendum to the daily journal, Referred to Committees, List No. 1.)

HR 805 - ADOPTED

(by Junell)

Representative Junell moved to suspend all necessary rules to take up and consider at this time HR 805.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 805, In memory of Terry Charles Ripple.

HR 805 was unanimously adopted by a rising vote.

HR 1306 - ADOPTED

(by Uher)

Representative Uher moved to suspend all necessary rules to take up and consider at this time HR 1306.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 1306, In memory of Don Davis.

HR 1306 was unanimously adopted by a rising vote.

RESOLUTIONS CALENDAR

The chair laid before the house the following resolutions on committee report:

HR 942 (by Counts), Establishing the intent of the Texas House regarding groundwater from the Edwards Aquifer.

HR 942 was adopted without objection.

HCR 106 (by Nixon), Granting Anh N. Pham permission to sue the state and the Mental Health and Mental Retardation Authority of Harris County.

HCR 106 was adopted without objection.

CSHCR 120 (by Yarbrough), Granting Larry P. Shepherd permission to sue the State of Texas and the Texas Natural Resource Conservation Commission.

CSHCR 120 was adopted without objection.

CSHCR 248 (by Eiland), Granting J. Keith Rose permission to sue the state and The University of Texas Southwestern Medical Center at Dallas.

CSHCR 248 was adopted without objection.

HCR 249 (by Telford), Memorializing the U.S. Congress and urging the president, in considering Social Security reform legislation, to refrain from the

inclusion of mandatory coverage for employees of previously noncovered state and local governments.

HCR 249 was adopted without objection.

SCR 79 (Delisi and Edwards - House Sponsors), Directing certain state agencies to lead an inquiry into youth violence in the State of Texas.

Amendment No. 1

Representative Delisi offered the following amendment to SCR 79:

Amend SCR 79 as follows:

(1) On page 2, line 19, add "the Texas Youth Commission," prior to "and the office of the attorney general".

(2) On page 3, line 12, add "the executive director of the Texas Youth Commission," prior to "and the attorney general".

Amendment No. 1 was adopted without objection.

SCR 79, as amended, was adopted.

(Speaker in the chair)

HR 1304 - ADOPTED

(by Heflin)

The following privileged resolution was laid before the house:

HR 1304

BE IT RESOLVED by the House of Representatives of the State of Texas, 76th Legislature, Regular Session, 1999, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on HB 3549, relating to the administration and collection of ad valorem taxes and certain local standby fees, to consider and take action on the following matter:

House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text on a matter that is not included in either the house or senate version of the bill to read as follows:

SECTION 32. Section 34.08(b), Tax Code, is amended to read as follows:

(b) A person may not commence an action challenging the validity of a tax sale after the time set forth in Section 33.54(a)(1) or (2), as applicable to the property, against a subsequent purchaser for value who acquired the property in reliance on the tax sale. The purchaser may conclusively presume that the tax sale was valid and shall have full title to the property free and clear of the right, title, and interest of any person that arose before the tax sale, subject only to recorded restrictive covenants and valid easements of record set forth in Section 34.01(n) [34.01(d) ] and subject to applicable rights of redemption.

EXPLANATION: This change is necessary to conform a cross-reference to Section 34.01(d), Tax Code, contained in Section 34.08(b), Tax Code, to the amendment of Section 34.01(d) made by the bill.

HR 1304 was adopted without objection.

HR 1305 - ADOPTED

(by Hinojosa)

The following privileged resolution was laid before the house:

HR 1305

BE IT RESOLVED by the House of Representatives of the State of Texas, 76th Legislature, Regular Session, 1999, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on SB 840, relating to the automatic expunction of certain arrest records, to consider and take action on the following matters:

(1) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit the following text, which is not in disagreement:

SECTION 6. This Act takes effect only if a specific appropriation for the implementation of this Act is provided in HB 1 (General Appropriations Act), Acts of the 76th Legislature, Regular Session, 1999. If no specific appropriation is provided in HB 1, the General Appropriations Act, this Act has no effect.

Explanation: This change is necessary to ensure that SB 840 takes effect by its own terms, rather than taking effect contingent on the existence of certain provisions in the General Appropriations Act.

(2) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add additional text not included in either the house or senate version of the bill to read as follows:

SECTION 6. The Texas Department of Public Safety shall implement the provisions of Chapter 55, Code of Criminal Procedure, as amended by this Act, imposing duties on the department, from funds made available to the department in the General Appropriations Act.

Explanation: This change is necessary to ensure that the Texas Department of Public Safety implements certain changes in law made by SB 840 using funds appropriated to the department in the General Appropriations Act.

HR 1305 was adopted without objection.

HR 1303 - ADOPTED

(by Elkins)

The following privileged resolution was laid before the house:

HR 1303

BE IT RESOLVED by the House of Representatives of the State of Texas, 76th Legislature, Regular Session, 1999, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences between the house and senate versions of SB 1520, relating to the authority of certain cities, counties, districts, authorities, agencies, and nonprofit corporations to enter into lease-leaseback transactions, to consider and take action on the following matters:

(1) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add a new section to the bill to read as follows:

SECTION 1. Chapter 272, Local Government Code, is amended by adding Section 272.004 to read as follows:

Sec. 272.004. TRANSFERS OF PROPERTY BY CERTAIN POLITICAL SUBDIVISIONS. (a) In this section, "political subdivision" has the same meaning as the term "issuer" under Section 1(1), Chapter 656, Acts of the 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas Civil Statutes).

(b) A political subdivision may sell, lease as a lessee or lessor, or otherwise transfer property in the same manner as the subregional board of a regional transportation authority under Sections 452.108(d) and (e), Transportation Code.

(c) A sale, lease, or other transfer of property under this section must be approved by a majority of the voters voting at an election held within the boundaries of the political subdivision if the agreement:

(1) involves the levy by the political subdivision of a tax in an amount sufficient to make payments due under the agreement; and

(2) is executed on or after September 1, 1999.

Explanation: This change is necessary to permit certain political subdivisions to transfer property in the same manner as a regional transportation authority under Sections 452.108(d) and (e), Transportation Code.

(2) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add a new section to the bill to read as follows:

SECTION 2. Section 452.108(d), Transportation Code, is amended to read as follows:

(d) To provide tax benefits to another party that are available with respect to property under the laws of a foreign country or to encourage private investment with a transportation authority in the United States, and notwithstanding any other provision of this chapter, an authority consisting of one subregion governed by a subregional board created under Subchapter O may enter into and execute, as it considers appropriate, contracts, agreements, notes, security agreements, conveyances, bills of sale, deeds, leases as lessee or lessor, and currency hedges, swap transactions, or agreements relating to foreign and domestic currency. The agreements or instruments may have the terms, maturities, duration, provisions as to governing law, indemnities, and other provisions that are approved by the subregional board. In connection with any transaction authorized by this subsection, the authority may [shall ] deposit in trust, escrow, or similar arrangement cash or lawful investments securities, or may [shall ] enter into one or more payment agreements, financial guarantees, or insurance contracts with counterparties having either a corporate credit or debt rating in any form, a claims-paying ability, or a rating for financial strength of "AA" or better by Moody's Investors Service, Inc. or by Standard & Poor's Corporation or of "A (Class XII)" or better by Best's rating system, that by their terms, including interest to be earned on the cash or securities, or payment obligations, are sufficient in amount to pay when due all amounts required to be paid by the authority as rent over the full term of the transaction plus any optional purchase price or other obligation due under the transaction. [A certification

in advance by an independent financial expert, banker, or certified public accountant, who is not an employee of the authority, certifying compliance with this requirement constitutes conclusive evidence of compliance. ]

Explanation: This change is necessary to permit certain political subdivisions to enter into agreements that guarantee payment of obligations due under certain transfers of property.

(3) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add a new section to the bill to read as follows:

SECTION 3. The change in law made by this Act applies only to the sale, lease, or other transfer of property on or after the effective date of this Act. The sale, lease, or other transfer of property before the effective date of this Act is governed by the law in effect immediately before the effective date, and that law is continued in effect for that purpose.

Explanation: This change is necessary to implement the new authority of certain political subdivisions to transfer property in the same manner as a regional transportation authority under Sections 452.108(d) and (e), Transportation Code.

(4) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit the following section of the bill:

SECTION 1. Section 1, Chapter 656, Acts of the 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas Civil Statutes), is amended by amending Subdivision (6) and adding Subdivision (8) to read as follows:

(6) "Credit agreement" means lease-leaseback agreements, loan agreement, revolving credit agreement, agreement establishing a line of credit, letter of credit, reimbursement agreement, insurance contract, commitments to purchase obligations, purchase or sale agreements, interest rate swap agreement, or commitments or other contracts or agreements authorized and approved by the governing body of an issuer either in connection with the authorization, issuance, security, exchange, payment, purchase, or redemption of obligations and/or interest thereon, or as otherwise authorized by this Act.

(8) "Lease-leaseback agreements" means contracts, agreements, notes, security agreements, conveyances, bills of sale, deeds, leases as lessee or lessor, and currency hedges, swap transactions, or agreements relating to foreign and domestic currency entered into by issuers to provide tax benefits to another party that are available with respect to property under the laws of a foreign country or to encourage private investment with an issuer in the United States. Lease-leaseback agreements may have the terms, maturities, duration, indemnities, and other provisions that are approved by the governing body of the issuer. In connection with a lease-leaseback agreement, the issuer shall deposit, in trust, escrow, or similar arrangement, cash or lawful investment securities or shall enter into one or more payment agreements, financial guarantees, or insurance contracts, with counterparties having either a corporate credit or debt rating in any form, a claims-paying ability, or a rating for financial strength of "AA" or better by Moody's Investors Service, Inc. or Standard and Poor's Ratings Group or of "A" (Class XII) or better by the A.M. Best Company's rating system, or the equivalent of such ratings in the future, that by their terms, including interest projected

to be earned on the cash or investment securities or payment obligations, are sufficient in amount to pay when due all amounts required to be paid by the issuer as rent over the full term of the agreement plus any optional purchase price due under the agreement. Property sold, acquired, or otherwise transferred under lease-leaseback agreements is considered for all purposes to be property owned and held by the issuer and used for public purposes and is exempt from ad valorem taxes imposed in this state. A leasehold interest in the property is exempt from Section 25.07(a), Tax Code. A sale, lease, sublease, or other transfer of personal property by or to the issuer under a lease-leaseback agreement is exempt from all sales, use, and motor vehicle taxes imposed by this state or a political subdivision of this state.

Explanation: This change is necessary to omit text that is not needed because of other changes made to the bill.

HR 1303 was adopted without objection.

HB 2145 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Allen submitted the following conference committee report on HB 2145:

Austin, Texas, May 26, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 2145 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Whitmire Allen

Armbrister Berman

Jackson Haggerty

Shapiro McClendon

Shapleigh B. Turner

On the part of the Senate On the part of the House

HB 2145, A bill to be entitled An Act relating to persons subject to sex offender registration requirements, to the supervised release of those persons, and to the consequences of engaging in certain conduct for which a person is subject to sex offender registration; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 26.13, Code of Criminal Procedure, is amended by amending Subsection (a) and by adding Subsection (h) to read as follows:

(a) Prior to accepting a plea of guilty or a plea of nolo contendere, the court shall admonish the defendant of:

(1) the range of the punishment attached to the offense;

(2) the fact that the recommendation of the prosecuting attorney as to punishment is not binding on the court. Provided that the court shall

inquire as to the existence of any plea bargaining agreements between the state and the defendant and, in the event that such an agreement exists, the court shall inform the defendant whether it will follow or reject such agreement in open court and before any finding on the plea. Should the court reject any such agreement, the defendant shall be permitted to withdraw his plea of guilty or nolo contendere;

(3) the fact that if the punishment assessed does not exceed the punishment recommended by the prosecutor and agreed to by the defendant and his attorney, the trial court must give its permission to the defendant before he may prosecute an appeal on any matter in the case except for those matters raised by written motions filed prior to trial; [and ]

(4) the fact that if the defendant is not a citizen of the United States of America, a plea of guilty or nolo contendere for the offense charged may result in deportation, the exclusion from admission to this country, or the denial of naturalization under federal law; and

(5) the fact that the defendant will be required to meet the registration requirements of Chapter 62, if the defendant is convicted of or placed on deferred adjudication for an offense for which a person is subject to registration under that chapter.

(h) Before accepting a plea of guilty or nolo contendere from a defendant described by Subsection (a)(5), the court shall ascertain whether the attorney representing the defendant has advised the defendant regarding registration requirements under Chapter 62.

SECTION 2. Article 42.01, Code of Criminal Procedure, is amended by adding Section 7 to read as follows:

Sec. 7. In addition to the information described by Section 1, the judgment should reflect affirmative findings entered pursuant to Article 42.015.

SECTION 3. Chapter 42, Code of Criminal Procedure, is amended by adding Article 42.015 to read as follows:

Art. 42.015. FINDING OF AGE OF VICTIM. In the trial of an offense under Section 20.02, 20.03, or 20.04, Penal Code, or an attempt, conspiracy, or solicitation to commit one of those offenses, the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment in the case if the judge determines that the victim or intended victim was younger than 17 years of age at the time of the offense.

SECTION 4. Section 5, Article 42.12, Code of Criminal Procedure, is amended by adding Subsection (e) to read as follows:

(e) If a judge places on community supervision under this section a defendant charged with an offense under Section 20.02, 20.03, or 20.04, Penal Code, or an attempt, conspiracy, or solicitation to commit one of those offenses, the judge shall make an affirmative finding of fact and file a statement of that affirmative finding with the papers in the case if the judge determines that the victim or intended victim was younger than 17 years of age at the time of the offense.

SECTION 5. (a) Section 5(c), Article 42.12, Code of Criminal Procedure, is amended to read as follows:

(c) On expiration of a community supervision period imposed under

Subsection (a) of this section, if the judge has not proceeded to adjudication of guilt, the judge shall dismiss the proceedings against the defendant and discharge him. The judge may dismiss the proceedings and discharge a defendant, other than a defendant charged with an offense requiring the defendant to register as a sex offender under Chapter 62, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997 [described by Section 13B(b) of this article ], prior to the expiration of the term of community supervision if in the judge's opinion the best interest of society and the defendant will be served. The judge may not dismiss the proceedings and discharge a defendant charged with an offense requiring the defendant to register under Chapter 62, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997 [a felony described by Section 13B(b) of this article only if in the judge's opinion the best interest of society and the defendant will be served and the defendant has successfully completed at least two-thirds of the period of community supervision ]. Except as provided by Section 12.42(g), Penal Code, a dismissal and discharge under this section may not be deemed a conviction for the purposes of disqualifications or disabilities imposed by law for conviction of an offense. For any defendant who receives a dismissal and discharge under this section:

(1) upon conviction of a subsequent offense, the fact that the defendant had previously received community supervision with a deferred adjudication of guilt shall be admissible before the court or jury to be considered on the issue of penalty;

(2) if the defendant is an applicant for a license or is a licensee under Chapter 42, Human Resources Code, the Texas Department of Human Services may consider the fact that the defendant previously has received community supervision with a deferred adjudication of guilt under this section in issuing, renewing, denying, or revoking a license under that chapter; and

(3) if the defendant is a person who has applied for registration to provide mental health or medical services for the rehabilitation of sex offenders, the Interagency Council on Sex Offender Treatment may consider the fact that the defendant has received community supervision under this section in issuing, renewing, denying, or revoking a license or registration issued by that council.

(b) Section 20(b), Article 42.12, Code of Criminal Procedure, is amended to read as follows:

(b) This section does not apply to a defendant convicted of an offense under Sections 49.04-49.08, Penal Code, a defendant convicted of an offense for which on conviction registration as a sex offender is required under Chapter 62, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, or a defendant convicted of an offense punishable as a state jail felony.

(c) The change in law made by this section applies only to a defendant who receives deferred adjudication for an offense or is convicted of an offense on or after the effective date of this Act, regardless of whether the offense for which the defendant receives deferred adjudication or is convicted is committed before, on, or after the effective date of this Act. A defendant receiving deferred adjudication for or convicted of an offense before the

effective date of this Act is covered by the law in effect when the defendant received deferred adjudication or was convicted, and the former law is continued in effect for that purpose.

SECTION 6. (a) Section 11, Article 42.12, Code of Criminal Procedure, is amended by adding Subsection (g) to read as follows:

(g) A judge who grants community supervision to a person may require the person to make one payment in an amount not to exceed $50 to a children's advocacy center established under Subchapter E, Chapter 264, Family Code, if the person is charged with or convicted of an offense under Section 21.11 or 22.011(a)(2), Penal Code.

(b) The change in law made by this section applies only to a person charged with or convicted of an offense committed on or after the effective date of this Act. A person charged with or convicted of an offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this subsection, an offense is committed before the effective date of this Act if any element of the offense occurs before the effective date.

SECTION 7. Article 62.01(3), Code of Criminal Procedure, is amended to read as follows:

(3) "Penal institution" means a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice, a confinement facility operated by or under contract with the Texas Youth Commission, or a juvenile secure pre-adjudication or post-adjudication facility operated by or under a local juvenile probation department, or a county jail.

SECTION 8. Article 62.01, Code of Criminal Procedure, is amended by amending Subdivisions (5) and (6) and by adding Subdivision (7) to read as follows:

(5) "Reportable conviction or adjudication" means a conviction or adjudication, regardless of the pendency of an appeal, that is:

(A) a conviction for a violation of Section 21.11 (Indecency with a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual assault), or 25.02 (Prohibited sexual conduct), Penal Code;

(B) a conviction for a violation of Section 43.05 (Compelling prostitution), 43.25 (Sexual performance by a child), or 43.26 (Possession or promotion of child pornography), Penal Code;

(C) a conviction for a violation of Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant committed the offense with intent to violate or abuse the victim sexually;

(D) a conviction for a violation of Section 30.02 (Burglary), Penal Code, if the offense is punishable under Subsection (d) of that section and the defendant committed the offense with intent to commit a felony listed in Paragraph (A) or (C);

(E) a conviction for a violation of Section 20.02 (Unlawful restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), Penal Code, if the judgment in the case contains an affirmative finding under Article 42.015;

(F) the second conviction for a violation of Section 21.08 (Indecent exposure), Penal Code;

(G) [(F) ] a conviction for an attempt, conspiracy, or solicitation, as defined by Chapter 15, Penal Code, to commit an offense listed in Paragraph (A), (B), (C), [or ] (D), or (E);

(H) [(G) ] an adjudication of delinquent conduct:

(i) based on a violation of one of the offenses listed in Paragraph (A), (B), (C), (D), or (G) or, if the order in the hearing contains an affirmative finding that the victim or intended victim was younger than 17 years of age, one of the offenses listed in Paragraph (E); [(F) ] or

(ii) for which two violations of the offense listed in Paragraph (F) [(E) ] are shown;

(I) [(H) ] a deferred adjudication for an offense listed in:

(i) Paragraph (A), (B), (C), (D), or (G) [(F) ]; or

(ii) Paragraph (E) if the papers in the case contain an affirmative finding that the victim or intended victim was younger than 17 years of age;

(J) [(I) ] a conviction under the laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of an offense listed under Paragraph (A), (B), (C), (D), (E), or (G) [(F) ];

(K) an adjudication of delinquent conduct under the laws of another state or federal law based on a violation of an offense containing elements that are substantially similar to the elements of an offense listed under Paragraph (A), (B), (C), (D), (E), or (G);

(L) [or (J) ] the second conviction under the laws of another state, federal law, or the Uniform Code of Military Justice for an offense containing elements that are substantially similar to the elements of the offense of indecent exposure; or

(M) the second adjudication of delinquent conduct under the laws of another state or federal law based on a violation of an offense containing elements that are substantially similar to the elements of the offense of indecent exposure.

(6) "Sexually violent offense" means any of the following offenses committed by a person 17 years of age or older:

(A) an offense under Section 21.11(a)(1) (Indecency with a child), 22.011 (Sexual assault), or 22.021 (Aggravated sexual assault), Penal Code;

(B) an offense under Section 43.25 (Sexual performance by a child), Penal Code;

(C) an offense under Section 20.04(a)(4) (Aggravated kidnapping), Penal Code, if the defendant committed the offense with intent to violate or abuse the victim sexually;

(D) an offense under Section 30.02 (Burglary), Penal Code, if the offense is punishable under Subsection (d) of that section and the defendant committed the offense with intent to commit a felony listed in Paragraph (A) or (C) of Subdivision (5); or

(E) an offense under the laws of another state, federal law, or the Uniform Code of Military Justice if the offense contains elements that are substantially similar to the elements of an offense listed under Paragraph (A), (B), (C), or (D).

(7) "Residence" includes a residence established in this state by a person described by Article 62.061(e).

SECTION 9. Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, is amended by adding Article 62.011 to read as follows:

Art. 62.011. WORKERS OR STUDENTS. (a) A person is employed or carries on a vocation for purposes of this chapter if the person works on a full-time or part-time basis for a consecutive period exceeding 14 days or for an aggregate period exceeding 30 days in a calendar year, whether the person works for compensation or for governmental or educational benefit.

(b) A person is a student for purposes of this chapter if the person enrolls in any educational facility, including:

(1) a public or private primary or secondary school, including a high school or alternative learning center; or

(2) a public or private institution of higher education, including a college, university, community college, or technical or trade institute.

SECTION 10. Article 62.02, Code of Criminal Procedure, is amended by amending Subsection (a) and by adding Subsection (g) to read as follows:

(a) A person who has a reportable conviction or adjudication or who is required to register as a condition of parole, release to mandatory supervision, or community supervision shall register or, if the person is a person for whom registration is completed under this chapter, verify registration as provided by Subsection (d), with the local law enforcement authority in any municipality where the person resides or intends to reside for more than seven days. If the person does not reside or intend to reside in a municipality, the person shall register or verify registration in any county where the person resides or intends to reside for more than seven days. The person shall satisfy the requirements of this subsection not later than the seventh day after the person's arrival in the municipality or county.

(g) If the other state has a registration requirement for sex offenders, a person who has a reportable conviction or adjudication, who resides in this state, and who is employed, carries on a vocation, or is a student in another state shall, not later than the 10th day after the date on which the person begins to work or attend school in the other state, register with the law enforcement authority that is identified by the department as the authority designated by that state to receive registration information.

SECTION 11. Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, is amended by adding Article 62.021 to read as follows:

Art. 62.021. OUT-OF-STATE REGISTRANTS. (a) This article applies to a person who is required to register as a sex offender under the laws of another state with which the department has entered into a reciprocal registration agreement and who is not otherwise required to register under this chapter because:

(1) the person does not have a reportable conviction for an offense under the laws of the other state containing elements that are substantially similar to an offense requiring registration under this chapter; or

(2) the person does not have a reportable adjudication of delinquent conduct based on a violation of an offense under the laws of the other state containing elements that are substantially similar to an offense requiring registration under this chapter.

(b) A person described by Subsection (a) is required to comply with the annual verification requirements of Article 62.06 in the same manner as a person who is required to verify registration on the basis of a reportable conviction or adjudication.

(c) The expiration of the duty to register for a person described by Subsection (a) expires on the date the person's duty to register would expire in the other state had the person remained in that state.

(d) The department may negotiate and enter into a reciprocal registration agreement with any other state to prevent residents of this state and residents of the other state from frustrating the public purpose of the registration of sex offenders by moving from one state to the other.

SECTION 12. Article 62.03, Code of Criminal Procedure, is amended by amending Subsections (d), (e), and (f) and by adding Subsection (h) to read as follows:

(d) If a person who has a reportable conviction [for an offense ] described by Article 62.01(5)(J) [62.01(5)(I) ] or (L) [(J) ] is placed under the supervision of the pardons and paroles division of the Texas Department of Criminal Justice or a community supervision and corrections department under Article 42.11, the division or community supervision and corrections department shall conduct the prerelease notification and registration requirements specified in this article on the date the person is placed under the supervision of the division or community supervision and corrections department. If a person who has a reportable adjudication of delinquent conduct described by Article 62.01(5)(K) or (M) is, as permitted by Section 60.002, Family Code, placed under the supervision of the Texas Youth Commission, a public or private vendor operating under contract with the Texas Youth Commission, a local juvenile probation department, or a juvenile secure pre-adjudication or post-adjudication facility, the commission, vendor, probation department, or facility shall conduct the prerelease notification and registration requirements specified in this article on the date the person is placed under the supervision of the commission, vendor, probation department, or facility.

(e) Not later than the eighth day after receiving a registration form under Subsection (b), (c), or (d), the local law enforcement authority shall verify the age of the victim, the age of the person subject to registration, and the basis on which the person is subject to registration under this chapter. If the victim is a child younger than 17 years of age and the basis on which the person is subject to registration is not an adjudication of delinquent conduct and is not a conviction or a deferred adjudication for an offense under Section 25.02, Penal Code, the authority shall immediately publish notice in English and Spanish in the newspaper of greatest paid circulation in the county in which the person subject to registration intends to reside or, if there is no

newspaper of paid circulation in that county, in the newspaper of greatest general circulation in the county. The authority shall publish a duplicate notice in the newspaper, with any necessary corrections, during the week immediately following the week of initial publication. If the victim is a child younger than 17 years of age or the person subject to registration is 17 years of age or older and a student enrolled in a public or private secondary school, regardless of the basis on which the person is subject to registration, the authority shall immediately provide notice to the superintendent of the public school district and to the administrator of any private primary or secondary school located in the public school district in which the person subject to registration intends to reside by mail to the office of the superintendent or administrator, as appropriate. On receipt of a notice under this subsection, the superintendent shall release the information contained in the notice to appropriate school district personnel, including peace officers and security personnel, principals, nurses, and counselors.

(f) The local law enforcement authority shall include in the notice by publication in a newspaper the following information only:

(1) the person's full name, age, and gender;

(2) a brief description of the offense for which the person is subject to registration; [and ]

(3) the municipality, numeric street address or physical address, if a numeric street address is not available [name ], and zip code number where the person intends to reside; and

(4) either a recent photograph of the person or the Internet address of a website on which the person's photograph is accessible free of charge.

(h) Before a person who will be subject to registration under this chapter is due to be released from a penal institution in this state, an official of the penal institution shall inform the person that:

(1) if the person intends to reside in another state and to work or attend school in this state, the person must, not later than the seventh day after the date on which the person begins to work or attend school, register or verify registration with the local law enforcement authority in the municipality or county in which the person intends to work or attend school; and

(2) if the person intends to reside in this state and to work or attend school in another state and if the other state has a registration requirement for sex offenders, the person must, not later than the 10th day after the date on which the person begins to work or attend school in the other state, register with the law enforcement authority that is identified by the department as the authority designated by that state to receive registration information.

SECTION 13. Articles 62.04(a), (f), and (g), Code of Criminal Procedure, are amended to read as follows:

(a) If a person required to register intends to change address, regardless of whether the person intends to move to another state, the person shall, not later than the seventh day before the intended change, report in person to the local law enforcement authority with whom the person last registered and to the juvenile probation officer, community supervision and corrections

department officer, or parole officer supervising the person and provide the authority and the officer with the person's anticipated move date and new address. If a person required to register changes address, the person shall, not later than the seventh day after changing the address, report in person to the local law enforcement authority in the municipality or county in which the person's new residence is located and provide the authority with proof of identity and proof of residence.

(f) If the person moves to another municipality or county in this state, the department shall inform the applicable local law enforcement authority in the new area of the person's residence not later than the third day after the date on which the department receives information under Subsection (a). Not later than the eighth day after the date on which the local law enforcement authority is informed under Subsection (a) or under this subsection, the authority shall verify the age of the victim, the age of the person subject to registration, and the basis on which the person is subject to registration under this chapter. If the victim is a child younger than 17 years of age and the basis on which the person is subject to registration is not an adjudication of delinquent conduct and is not a conviction or a deferred adjudication for an offense under Section 25.02, Penal Code, the authority shall immediately publish notice in English and Spanish in the newspaper of greatest paid circulation in the county in which the person subject to registration intends to reside or, if there is no newspaper of paid circulation in that county, in the newspaper of greatest general circulation in the county. The local law enforcement authority shall publish a duplicate notice in the newspaper, with any necessary corrections, during the week immediately following the week of initial publication. If the victim is a child younger than 17 years of age or the person subject to registration is 17 years of age or older and a student enrolled in a public or private secondary school, regardless of the basis on which the person is subject to registration, the authority shall immediately provide notice to the superintendent of the public school district and to the administrator of any private primary or secondary school located in the public school district in which the person subject to registration intends to reside by mail to the office of the superintendent or administrator, as appropriate. On receipt of a notice under this subsection, the superintendent shall release the information contained in the notice to appropriate school district personnel, including peace officers and security personnel, principals, nurses, and counselors.

(g) The local law enforcement authority shall include in the notice by publication in a newspaper the following information only:

(1) the person's full name, age, and gender;

(2) a brief description of the offense for which the person is subject to registration; [and ]

(3) the municipality, numeric street address or physical address, if a numeric street address is not available [name ], and zip code number where the person intends to reside; and

(4) either a recent photograph of the person or the Internet address of a website on which the person's photograph is accessible free of charge.

SECTION 14. Article 62.05, Code of Criminal Procedure, is amended to read as follows:

Art. 62.05. STATUS REPORT BY SUPERVISING OFFICER. (a) If the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising a person subject to registration under this chapter receives information to the effect that the person's status has changed in any manner that affects proper supervision of the person, including a change in the person's physical health, job status, incarceration, or terms of release, the supervising officer shall promptly notify the appropriate local law enforcement authority or authorities of that change. If the person required to register intends to change address, the person's supervising officer shall notify the local law enforcement authorities designated by Article 62.04(b).

(b) If a person required to register is not supervised by an officer listed in Subsection (a), the person shall report to the local law enforcement authority any change in the person's physical health or job status not later than the seventh day after the date of the change. For purposes of this subsection, a person's job status changes if the person leaves employment for any reason, remains employed by an employer but changes the location at which the person works, or begins employment with a new employer. For purposes of this subsection, a person's health status changes if the person is hospitalized as a result of an illness.

SECTION 15. Articles 62.06(a) and (b), Code of Criminal Procedure, are amended to read as follows:

(a) A person subject to registration under this chapter who has for a sexually violent offense been convicted [on ] two or more times, [occasions been convicted of or ] received an order of deferred adjudication two or more times, or been convicted and received an order of deferred adjudication [for a sexually violent offense ] shall report to the local law enforcement authority with whom the person is required to register not less than once in each 90-day period following the date the person first registered under this chapter to verify the information in the registration form maintained by the authority for that person. A person subject to registration under this chapter who is not subject to the 90-day reporting requirement described by this subsection shall report to the local law enforcement authority with whom the person is required to register once each year not earlier than the 30th day before and not later than the 30th day after the anniversary of the person's date of birth [on which the person first registered under this chapter ] to verify the information in the registration form maintained by the authority for that person. For purposes of this subsection, a person complies with a requirement that the person register within a 90-day period following a date if the person registers at any time on or after the 83rd day following that date but before the 98th day after that date.

(b) A local law enforcement authority with whom a person is required to register under this chapter may direct the person to report to the authority to verify the information in the registration form maintained by the authority for that person. The authority may direct the person to report under this subsection once in each 90-day period following the date the person first registered under this chapter, if the person is required to report not less than once in each 90-day period under Subsection (a) [has on two or more occasions been convicted of or received an order of deferred adjudication for

a sexually violent offense, ] or[, if not, ] once in each year not earlier than the 30th day before and not later than the 30th day after the anniversary of the person's date of birth, if the person is required to report once each year under Subsection (a) [on which the person first registered under this chapter ]. A local law enforcement authority may not direct a person to report to the authority under this subsection if the person is required to report under Subsection (a) and is in compliance with the reporting requirements of that subsection.

SECTION 16. Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, is amended by adding Articles 62.061 and 62.062 to read as follows:

Art. 62.061. REGISTRATION OF CERTAIN WORKERS OR STUDENTS. (a) A person is subject to this article and, except as otherwise provided by this article, to the other articles of this chapter if the person:

(1) has a reportable conviction or adjudication;

(2) resides in another state; and

(3) is employed, carries on a vocation, or is a student in this state.

(b) A person described by Subsection (a) is subject to the registration and verification requirements of Articles 62.02 and 62.06 and to the change of address requirements of Article 62.04, except that the registration and verification and the reporting of a change of address are based on the municipality or county in which the person works or attends school. The person is subject to the school notification requirements of Articles 62.03 and 62.04, except that notice provided to the superintendent and any administrator is based on the public school district in which the person works or attends school.

(c) A person described by Subsection (a) is not subject to Article 62.12 and the newspaper publication requirements of Articles 62.03 and 62.04.

(d) The duty to register for a person described by Subsection (a) ends when the person no longer works or studies in this state, provides notice of that fact to the local law enforcement authority in the municipality or county in which the person works or attends school, and receives notice of verification of that fact from the authority. The authority must verify that the person no longer works or studies in this state and must provide to the person notice of that verification within a reasonable time.

(e) Notwithstanding Subsection (a), this article does not apply to a person who has a reportable conviction or adjudication, who resides in another state, and who is employed, carries on a vocation, or is a student in this state if the person establishes another residence in this state to work or attend school in this state. However, that person remains subject to the other articles of this chapter based on that person's residence in this state.

Art. 62.062. REGISTRATION OF PERSONS REGULARLY VISITING LOCATION. (a) A person subject to this chapter who on at least three occasions during any month spends more than 48 consecutive hours in a municipality or county in this state, other than the municipality or county in which the person is registered under this chapter, before the last day of that month shall report that fact to:

(1) the local law enforcement authority of the municipality in which the person is a visitor; or

(2) if the person is a visitor in a location that is not a municipality, the local law enforcement authority of the county in which the person is a visitor.

(b) A person described by Subsection (a) shall provide the local law enforcement authority with:

(1) all information the person is required to provide under Article 62.02(b);

(2) the address of any location in the municipality or county, as appropriate, at which the person was lodged during the month; and

(3) a statement as to whether the person intends to return to the municipality or county during the succeeding month.

(c) This article does not impose on a local law enforcement authority requirements of public notification or notification to schools relating to a person about whom the authority is not otherwise required by this chapter to make notifications.

SECTION 17. Article 62.08(b), Code of Criminal Procedure, is amended to read as follows:

(b) The information contained in the database is public information, with the exception of [the person's photograph or ] any information:

(1) regarding the person's social security number, driver's license number, [numeric street address, ] or telephone number;

(2) that is required by the department under Article 62.02(b)(5); or

(3) that would identify the victim of the offense for which the person is subject to registration.

SECTION 18. Articles 62.10(b) and (c), Code of Criminal Procedure, are amended to read as follows:

(b) An offense under this article is:

(1) a state jail felony if the actor is a person whose duty to register expires under Article 62.12(b);

(2) a felony of the third degree if the actor is a person whose duty to register expires under Article 62.12(a) and who is required to verify registration once each year under Article 62.06; and

(3) a felony of the second degree if the actor is a person whose duty to register expires under Article 62.12(a) and who is required to verify registration once each 90-day period under Article 62.06.

(c) If it is shown at the trial of a person for an offense under this article that the person has previously been convicted of an offense under this article, the punishment for the offense is increased to the punishment for the next highest degree of felony [person shall be punished for a felony of the third degree ].

SECTION 19. Section 54.04, Family Code, is amended by adding Subsection (q) to read as follows:

(q) If the judge orders a disposition under this section and there is an affirmative finding that the victim or intended victim was younger than 17 years of age at the time of the conduct, the judge shall enter the finding in the order.

SECTION 20. Section 58.007(a), Family Code, is amended to read as follows:

(a) This section applies only to the inspection and maintenance of a physical record or file concerning a child and does not affect the collection, dissemination, or maintenance of information as provided by Subchapter B. This section does not apply to a record or file relating to a child that is:

(1) required or authorized to be maintained under the laws regulating the operation of motor vehicles in this state;

(2) [or to a record or file relating to a child that is ] maintained by a municipal or justice court; or

(3) subject to disclosure under Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997.

SECTION 21. Section 411.135(a), Government Code, as added by Chapter 747, Acts of the 75th Legislature, Regular Session, 1997, is amended to read as follows:

(a) Any person is entitled to obtain from the department:

(1) any information described as public information under Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, including, to the extent available, a recent photograph of each person subject to registration under that chapter [Section 5, Article 6252-13c.1, Revised Statutes ]; and

(2) criminal history record information maintained by the department [that is a court record of a public judicial proceeding and ] that relates to[:

[(A) ] the conviction of or a grant of deferred adjudication to a person for any criminal offense, including arrest information that relates to the conviction or grant of deferred adjudication[; or

[(B) a grant of deferred adjudication to a person charged with a felony offense ].

SECTION 22. (a) Section 15.031, Penal Code, is amended to read as follows:

Sec. 15.031. CRIMINAL SOLICITATION OF A MINOR. (a) A person commits an offense if, with intent that an offense listed by Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, be committed, the person requests, commands, or attempts to induce a minor to engage in specific conduct that, under the circumstances surrounding the actor's conduct as the actor believes them to be, would constitute an offense listed by Section 3g(a)(1), Article 42.12, or make the minor a party to the commission of an offense listed by Section 3g(a)(1), Article 42.12.

(b) A person commits an offense if, with intent that an offense under Section 21.11, 22.011, 22.021, or 43.25 be committed, the person by any means requests, commands, or attempts to induce a minor or another whom the person believes to be a minor to engage in specific conduct that, under the circumstances surrounding the actor's conduct as the actor believes them to be, would constitute an offense under one of those sections or would make the minor or other believed by the person to be a minor a party to the commission of an offense under one of those sections.

(c) A person may not be convicted under this section on the uncorroborated testimony of the minor allegedly solicited unless the solicitation is made under circumstances strongly corroborative of both the

solicitation itself and the actor's intent that the minor act on the solicitation.

(d) [(c) ] It is no defense to prosecution under this section that:

(1) the minor solicited is not criminally responsible for the offense solicited;

(2) the minor solicited has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution;

(3) the actor belongs to a class of persons that by definition of the offense solicited is legally incapable of committing the offense in an individual capacity; or

(4) the offense solicited was actually committed.

(e) [(d) ] An offense under this section is one category lower than the solicited offense.

(f) [(e) ] In this section, "minor" means an individual younger than 17 years of age.

(b) Section 43.25(a)(2), Penal Code, is amended to read as follows:

(2) "Sexual conduct" means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.

(c) Section 43.26(g), Penal Code, is amended to read as follows:

(g) An offense under Subsection (e) is a felony of the second [third ] degree.

(d) The change in law made by this section applies only to an offense committed on or after the effective date of this Act. For purposes of this subsection, an offense is committed before the effective date of this Act if any element of the offense occurs before that date. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose.

SECTION 23. Section 21.11(b), Penal Code, is amended to read as follows:

(b) It is an affirmative defense to prosecution under this section that the actor:

(1) was not more than three years older than the victim and of the opposite sex; [and ]

(2) did not use duress, force, or a threat against the victim at the time of the offense; and

(3) at the time of the offense:

(A) was not required under Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, to register for life as a sex offender; or

(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section.

SECTION 24. Section 22.011(e), Penal Code, is amended to read as follows:

(e) It is an affirmative defense to prosecution under Subsection (a)(2) that:

(1) the actor was not more than three years older than the victim and at the time of the offense:

(A) was not required under Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, to register for life as a sex offender; or

(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section; and

(2) [, and ] the victim was a child of 14 years of age or older.

SECTION 25. Article 62.12(c), Code of Criminal Procedure, is repealed.

SECTION 26. Section 11(a), Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, is amended to read as follows:

(a) The change in law made by this Act to Article 62.11, Code of Criminal Procedure, as redesignated and amended by this Act (formerly Subsection (a), Section 8, Article 6252-13c.1, Revised Statutes), applies only to a defendant who, with respect to an offense listed in Subdivision (5), Article 62.01, Code of Criminal Procedure, as redesignated and amended by this Act (formerly Subdivision (5), Section 1, Article 6252-13c.1, Revised Statutes), on or after September 1, 1997 [the effective date of this Act ]:

(1) is confined in a penal institution, as that term is defined by Subdivision (3), Article 62.01, Code of Criminal Procedure, as redesignated and amended by this Act (formerly Subdivision (3), Section 1, Article 6252-13c.1, Revised Statutes); or

(2) is under the supervision and control of a juvenile probation office or an agency or entity operating under contract with a juvenile probation office, the Texas Youth Commission, a community supervision and corrections department, or the pardons and paroles division of the Texas Department of Criminal Justice.

SECTION 27. (a) The change in law made by this Act requiring registration under Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, and as amended by this Act, for individuals charged with unlawful restraint, kidnapping, or aggravated kidnapping, or attempt, solicitation, or conspiracy to commit one of those offenses, applies only to an individual for whom deferred adjudication in the case is entered or a trial or disposition hearing for the offense or conduct is commenced on or after the effective date of this Act, regardless of when the offense was committed or the conduct occurred.

(b) An individual for whom a deferred adjudication is entered or a trial or disposition hearing has commenced before the effective date of this Act is covered by the law in effect when the deferred adjudication was entered or when the trial or disposition hearing commenced, and the former law is continued in effect for that purpose.

SECTION 28. The changes in law made by this Act to Article 62.01(5) and Article 62.03(d), Code of Criminal Procedure, apply to juvenile offenders adjudicated as having engaged in delinquent conduct before, on, or after the effective date of this Act, regardless of when the conduct occurred.

SECTION 29. The change in law made by this Act to Articles 62.06(a) and (b), Code of Criminal Procedure, relating to persons required to report to local law enforcement not less than once in each 90-day period, applies only to a defendant who, on or after the effective date of this Act:

(1) is confined in a penal institution, as that term is defined by Article 62.01(3), Code of Criminal Procedure; or

(2) is under the supervision and control of a juvenile probation office or an agency or entity operating under contract with a juvenile probation office, the Texas Youth Commission, a community supervision and corrections department, or the pardons and paroles division of the Texas Department of Criminal Justice.

SECTION 30. (a) To accomplish the change in law made by this Act to Articles 62.06(a) and (b), Code of Criminal Procedure, relating to persons required to report to local law enforcement once in each year, the local law enforcement authority with whom a person verifies registration by reporting to the authority not earlier than the 30th day before and not later than the 30th day after the anniversary of the date on which the person first registered with the authority shall inform the person that on the next occasion and each succeeding occasion on which the person verifies registration the person must comply with Articles 62.06(a) and (b), Code of Criminal Procedure, as amended by this Act.

(b) The change in law to which this section applies does not affect the validity of any action taken by a person to verify registration before the person is provided an opportunity to be informed of the change in law made by this Act as required by this section.

SECTION 31. The change in law made by this Act to Section 58.007, Family Code, applies only to records and files created or maintained under Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, on or after September 1, 1995.

SECTION 32. The Texas Department of Public Safety shall implement the system described by Section 411.135, Government Code, as amended by this Act, not later than January 1, 2000.

SECTION 33. Except as otherwise provided, this Act takes effect September 1, 1999.

SECTION 34. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.

Representative Allen moved to adopt the conference committee report on HB 2145.

The motion prevailed without objection.

HR 1307 - ADOPTED

(by Goodman)

The following privileged resolution was laid before the house:

HR 1307,

BE IT RESOLVED by the House of Representatives of the State of Texas, 76th Legislature, Regular Session, 1999, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on SB 560, relating to the regulation of telecommunications utilities by the Public Utility Commission of Texas and the provision of telecommunications services, to consider and take action on the following matters:

(1) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add additional text not included in either the house or senate version of the bill, in Section 5 of the bill, in amended Section 51.002, Utilities Code, so that Section 5 reads as follows:

SECTION 5. Sections 51.002(6), (7), and (10), Utilities Code, are amended to read as follows:

(6) "Long run incremental cost" has the meaning assigned by 16 T.A.C. Section 23.91 or its successor.

(7) "Pricing flexibility" includes:

(A) customer specific contracts;

(B) packaging of services;

(C) volume, term, and discount pricing;

(D) zone density pricing, with a zone to be defined as an exchange; and

(E) other promotional pricing.

(10) "Telecommunications provider":

(A) means:

(i) a certificated telecommunications utility;

(ii) a shared tenant service provider;

(iii) a nondominant carrier of telecommunications services;

(iv) a provider of commercial mobile service as defined by Section 332(d), Communications Act of 1934 (47 U.S.C. Section 151 et seq.), Federal Communications Commission rules, and the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66), except that the term does not include these entities for the purposes of Chapter 55 or 64;

(v) a telecommunications entity that provides central office based PBX-type sharing or resale arrangements;

(vi) an interexchange telecommunications carrier;

(vii) a specialized common carrier;

(viii) a reseller of communications;

(ix) a provider of operator services;

(x) a provider of customer-owned pay telephone service; or

(xi) another person or entity determined by the commission to provide telecommunications services to customers in this state; and

(B) does not mean:

(i) a provider of enhanced or information services, or another user of telecommunications services, who does not also provide telecommunications services; or

(ii) a state agency or state institution of higher education, or a service provided by a state agency or state institution of higher education.

Explanation: This change is needed to specify provisions for zone density pricing.

(2) House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add additional text not included in either the house or senate version of the bill, to read as follows:

SECTION 34. Subchapter A, Chapter 58, Utilities Code, is amended by adding Section 58.004 to read as follows:

Sec. 58.004. PACKAGING, TERM AND VOLUME DISCOUNTS, AND PROMOTIONAL OFFERINGS. (a) Notwithstanding any other provision of this chapter, an electing company that has more than five million access lines in this state may not offer in an exchange a service listed in Sections 58.151(1)-(4) as a component of a package of services or as a promotional offering until the company makes the reduction in switched access service rates required by Section 58.301(2) unless the customer of one of the pricing flexibility offerings described in this subsection is a federal, state, or local governmental entity.

(b) Notwithstanding any other provision of this chapter, an electing company that has more than five million access lines in this state may not offer a volume or term discount on any service listed in Sections 58.151(1)-(4) until September 1, 2000, unless the customer of one of the pricing flexibility offerings described in this subsection is a federal, state, or local governmental entity.

(c) Notwithstanding any other provision of this chapter, an electing company that has more than five million access lines in this state may offer in an exchange a service listed in Sections 58.051(a)(1)-(4) as a component of a package of services, as a promotional offering, or with a volume or term discount on and after September 1, 1999.

Explanation: This change is necessary to provide restrictions on offering certain nonbasic services as a component of a package of services, as a promotional offering, or with a volume or term discount.

HR 1307 was adopted without objection.

HB 3799 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Coleman submitted the following conference committee report on HB 3799:

Austin, Texas, May 27, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 3799 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Gallegos Coleman

Ellis Bonnen

Lindsay Gallego

Jackson Ramsay

Whitmire Salinas

On the part of the Senate On the part of the House

HB 3799, A bill to be entitled An Act relating to the creation of the East Downtown Management District; providing authority to impose a tax and issue bonds.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 376, Local Government Code, is amended by adding Subchapter H to read as follows:

SUBCHAPTER H. EAST DOWNTOWN MANAGEMENT DISTRICT

Sec. 376.301. CREATION OF DISTRICT. (a) A special district to be known as the "East Downtown Management District" exists as a governmental agency, body politic and corporate, and political subdivision of the state.

(b) The name of the district may be changed by resolution of the board.

(c) The creation of the district is essential to accomplish the purposes of Section 52, Article III, Section 59, Article XVI, and Section 52-a, Article III, Texas Constitution, and other public purposes stated in this subchapter.

Sec. 376.302. DECLARATION OF INTENT. (a) The creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, arts, entertainment, economic development, safety, and the public welfare in the east downtown area of the city of Houston.

(b) The creation of the district and this legislation are not to be interpreted to relieve the county or the municipality from providing the level of services, as of the effective date of this subchapter, to the area in the district or to release the county or the municipality from the obligations each entity has to provide services to that area. The district is created to supplement and not supplant the municipal or county services provided in the area in the district.

(c) By creating the district and in authorizing the municipality, county, and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution.

Sec. 376.303. DEFINITIONS. In this subchapter:

(1) "Board" means the board of directors of the district.

(2) "County" means Harris County, Texas.

(3) "District" means the East Downtown Management District.

(4) "Municipality" means the City of Houston, Texas.

(5) "Utility" means a person that provides to the public cable television, gas, light, power, telephone, sewage, or water service.

Sec. 376.304. BOUNDARIES. The district includes all the territory contained in the following described area:

Being all of the following described property in the J. Wells Survey, Abstract 832, the S.M. Williams Survey, Abstract 87, the H. Tierwester Survey, Abstract 76, the L. Moore Survey, Abstract 51 and the J. Holman Survey, Abstract 323, Harris County, Texas, being more particularly described by metes and bounds as follows:

BEGINNING AT A POINT at the intersection of the centerline of the right of way of the HB&T Railway and the centerline of the right of way of Interstate 45 South,

Thence in a northwesterly direction with the centerline of the right of

way of Interstate 45 South to the point of intersection with the centerline of the right of way of U.S. Highway 59,

Thence in a northeasterly direction with the centerline of the right of way of U.S. Highway 59 to the point of intersection with the centerline of the right of way of Clay Street,

Thence in a southeasterly direction with the centerline of the right of way of Clay Street to the point of intersection with the centerline of the right of way of Chartres Street,

Thence in a northeasterly direction with the centerline of the right of way of Chartres Street to the point of intersection with the centerline of the right of way of Commerce Street,

Thence in a southeasterly direction with the centerline of the right of way of Commerce Street to the point of intersection with the centerline of the HB&T Railway, that also being the boundary of Texas House District 147,

Thence in a southeasterly direction with the centerline of the right of way of the HB&T Railway to the point of intersection with the centerline of the right of way of Harrisburg Boulevard, that also being the boundary of Texas House District 147,

Thence in a southeasterly direction with the centerline of the right of way of Harrisburg Boulevard to the point of intersection with the centerline of the right of way of Velasco Street, that also being the boundary of Texas House District 147,

Thence in a southerly direction with the centerline of the right of way of Velasco Street to the point of intersection with the centerline of the right of way of Texas Avenue, that also being the boundary of Texas House District 147,

Thence in a southeasterly direction with the centerline of the right of way of Texas Avenue to the point of intersection with the centerline of the right of way of Sampson Street, that also being the boundary of Texas House District 147,

Thence in a southerly direction with the centerline of the right of way of Sampson Street to the point of intersection with the centerline of the right of way of the HB&T Railway, that also being the boundary of Texas House District 147,

Thence in a southeasterly direction with the centerline of the right of way of the HB&T Railway to the point of intersection with the centerline of the right of way of Milby Street,

Thence in a southwesterly direction with the centerline of the right of way of Milby Street to the point of intersection with the centerline of the right of Leeland Avenue,

Thence in a southeasterly direction with the centerline of the right of way of Leeland Avenue to the point of intersection with the centerline of the right of way of the HB&T Railway.

Thence in a southeasterly direction with the centerline of the right of way of the HB&T Railway to the Point of Beginning, SAVE AND EXCEPT all tracts or parcels of land, rights of way, facilities, and improvements owned by a utility.

Sec. 376.305. FINDINGS RELATING TO BOUNDARIES. The boundaries and field notes of the district form a closure. If a mistake is made in the field notes or in copying the field notes in the legislative process, the mistake does not in any way affect the:

(1) organization, existence, and validity of the district;

(2) right of the district to issue any type of bonds or refunding bonds for the purposes for which the district is created or to pay the principal of and interest on the bonds;

(3) right of the district to impose and collect assessments or taxes; or

(4) legality or operation of the district or its governing body.

Sec. 376.306. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) All the land and other property included in the district will be benefited by the improvements and services to be provided by the district under powers conferred by Section 52, Article III, Section 59, Article XVI, and Section 52-a, Article III, Texas Constitution, and other powers granted under this subchapter, and the district is created to serve a public use and benefit.

(b) The creation of the district is in the public interest and is essential to:

(1) further the public purposes of the development and diversification of the economy of the state; and

(2) eliminate unemployment and underemployment and develop or expand transportation and commerce.

(c) The district will:

(1) promote the health, safety, and general welfare of residents, employers, employees, visitors, consumers in the district, and the general public;

(2) provide needed funding for the east downtown area of the city of Houston to preserve, maintain, and enhance the economic health and vitality of the area as a community and business center; and

(3) further promote the health, safety, welfare, and enjoyment of the public by providing pedestrian ways and by landscaping and developing certain areas in the district, which are necessary for the restoration, preservation, and enhancement of scenic and aesthetic beauty.

(d) Pedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, and street art objects are parts of and necessary components of a street and are considered to be a street or road improvement.

(e) The district will not act as the agent or instrumentality of any private interest even though many private interests will be benefited by the district, as will the general public.

Sec. 376.307. APPLICATION OF OTHER LAW. Except as otherwise provided by this subchapter, Chapter 375 applies to the district and its governing body and employees.

Sec. 376.308. CONSTRUCTION OF SUBCHAPTER. This subchapter shall be liberally construed in conformity with the findings and purposes stated in this subchapter.

Sec. 376.309. BOARD OF DIRECTORS IN GENERAL. (a) The district

is governed by a board of 17 directors who serve staggered terms of four years, with nine members' terms expiring June 1 of an odd-numbered year and eight members' terms expiring June 1 of the following odd-numbered year. The board may increase or decrease the number of directors on the board by resolution, provided that it is in the best interest of the district to do so and that the board consists of not fewer than 9 and not more than 30 directors.

(b) Subchapter D, Chapter 375, applies to the board to the extent that subchapter does not conflict with this subchapter. The imposition of a tax, assessment, or impact fee requires a vote of a majority of the directors serving. Directors may vote on any matter authorized by Subchapter D, Chapter 375, and action may be taken by the board only if it is approved in the manner prescribed by Subchapter D, Chapter 375.

Sec. 376.310. APPOINTMENT OF DIRECTORS; VACANCY. The mayor and members of the governing body of the municipality shall appoint directors from persons recommended by the board who meet the qualifications of Subchapter D, Chapter 375. A vacancy in the office of director because of the death, resignation, or removal of a director shall be filled by the remaining members of the board by appointing a qualified person for the unexpired term.

Sec. 376.311. POWERS OF DISTRICT. The district has:

(1) all powers necessary or required to accomplish the purposes for which the district was created;

(2) the rights, powers, privileges, authority, and functions of a district created under Chapter 375;

(3) the powers given to a corporation under Section 4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), and the power to own, operate, acquire, construct, lease, improve, and maintain projects;

(4) the power to impose ad valorem taxes, assessments, or impact fees in accordance with Chapter 375 to provide improvements and services for a project or activity the district is authorized to acquire, construct, improve, or provide under this subchapter;

(5) the power to correct, add to, or delete assessments from its assessment rolls after notice and hearing as provided by Subchapter F, Chapter 375; and

(6) the powers given to a housing finance corporation created under Chapter 394 to provide housing or residential development projects in the district.

Sec. 376.312. EMINENT DOMAIN. The district may not exercise the power of eminent domain.

Sec. 376.3125. EX OFFICIO BOARD MEMBERS. (a) The following persons shall serve as nonvoting ex officio directors:

(1) the director of the following departments of the municipality:

(A) parks and recreation;

(B) planning and development;

(C) public works; and

(D) civic center;

(2) the municipality's chief of police;

(3) the general manager of the Metropolitan Transit Authority; and

(4) the presidents of any institutions of higher learning located in the district.

(b) If a department described by Subsection (a) is consolidated, renamed, or changed, the board may appoint a director of the consolidated, renamed, or changed department as a nonvoting ex officio board member. If a department described by Subsection (a) is abolished, the board may appoint a representative of another department of the municipality that performs duties comparable to those performed by the abolished department.

(c) The board may appoint the presiding officer of a nonprofit corporation that is actively involved in activities in the municipality's midtown area to serve as a nonvoting ex officio director.

Sec. 376.3128. CONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT. (a) Except as provided in this section:

(1) a director may participate in all board votes and decisions; and

(2) Chapter 171 governs conflicts of interest for board members.

(b) Section 171.004 does not apply to the district. A director who has a substantial interest in a business or charitable entity that will receive a pecuniary benefit from a board action shall file a one-time affidavit declaring the interest. An additional affidavit is not required if the director's interest changes. After the affidavit is filed with the board secretary, the director may participate in a discussion or vote on that action if:

(1) a majority of the directors have a similar interest in the same entity; or

(2) all other similar business or charitable entities in the district will receive a similar pecuniary benefit.

(c) A director who is also an officer or employee of a public entity may not participate in the discussion of or vote on a matter regarding a contract with that same public entity.

(d) For purposes of this section, a director has a substantial interest in a charitable entity in the same manner that a person would have a substantial interest in a business entity under Section 171.002.

Sec. 376.313. EXPENSES AND LIABILITY FOR CERTAIN ACTIONS AFFECTING PROPERTY. (a) If the district, in exercising a power conferred by this subchapter, requires a relocation, adjustment, raising, lowering, rerouting, or changing of the grade or the construction of any of the following items, the district must take that required action at the sole expense of the district:

(1) a street, alley, highway, overpass, underpass, road, railroad track, bridge, facility, or other property;

(2) an electric line, conduit, facility, or other property;

(3) a telephone or telegraph line, conduit, facility, or other property;

(4) a gas transmission or distribution pipe, pipeline, main, facility, or other property;

(5) a water, sanitary sewer, or storm sewer pipe, pipeline, main, facility, or other property;

(6) a cable television line, cable, conduit, facility, or other property; or

(7) another pipeline, facility, or other property relating to the pipeline.

(b) The district shall bear damages that are suffered by owners of the facility or other property.

Sec. 376.314. RELATION TO OTHER LAW. If any provision of general law, including a law referenced in this subchapter, is in conflict with or is inconsistent with this subchapter, this subchapter prevails. Any law referenced in this subchapter that is not in conflict or inconsistent with this subchapter is adopted and incorporated by reference.

Sec. 376.315. REQUIREMENTS FOR FINANCING SERVICES AND IMPROVEMENTS. The board may not finance services and improvement projects under this subchapter unless a written petition requesting those improvements or services has been filed with the board. The petition must be signed by:

(1) the owners of a majority of the assessed value of real property in the district as determined by the most recent certified county property tax rolls; or

(2) at least 50 persons who own land in the district, if there are more than 50 persons who own property in the district as determined by the most recent certified county property tax rolls.

Sec. 376.316. NONPROFIT CORPORATION. (a) The board by resolution may authorize the creation of a nonprofit corporation to assist and act on behalf of the district in implementing a project or providing a service authorized by this subchapter.

(b) The board shall appoint the board of directors of a nonprofit corporation created under this section. The board of directors of the nonprofit corporation shall serve in the same manner as, for the same term as, and on the conditions of the board of directors of a local government corporation created under Chapter 431, Transportation Code.

(c) A nonprofit corporation created under this section has the powers of and is considered for purposes of this subchapter to be a local government corporation created under Chapter 431, Transportation Code.

(d) A nonprofit corporation created under this section may implement any project and provide any services authorized by this subchapter.

Sec. 376.317. DISBURSEMENTS OR TRANSFERS OF FUNDS. The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of the district's money.

Sec. 376.318. BONDS. (a) The district may issue bonds or other obligations payable in whole or in part from ad valorem taxes, assessments, impact fees, revenues, grants, or other money of the district, or any combination of those sources of money, to pay for any authorized purpose of the district.

(b) Bonds or other obligations of the district may be issued in the form of bonds, notes, certificates of participation, including other instruments evidencing a proportionate interest in payments to be made by the district, or other obligations that are issued in the exercise of the district's borrowing power and may be issued in bearer or registered form or not represented by an instrument but the transfer of which is registered on books maintained by

or on behalf of the district. The board may impose and collect an assessment under Subchapter F, Chapter 375, for any purpose authorized by this subchapter or by Chapter 375.

(c) Except as provided by Subsection (d), the district must obtain the municipality's approval of:

(1) the issuance of bonds for an improvement project;

(2) the plans and specifications of the improvement project to be financed by the bonds; and

(3) the plans and specifications of a district improvement project related to:

(A) the use of land owned by the municipality;

(B) an easement granted by the municipality; or

(C) a right-of-way of a street, road, or highway.

(d) If the district obtains the municipality's approval of a capital improvements budget for a specified period not to exceed five years, the district may finance the capital improvements and issue bonds specified in the budget without further municipal approval.

(e) Before the district issues bonds, the district shall submit the bonds and the record of proceedings of the district relating to authorization of the bonds to the attorney general for approval as provided by Chapter 53, Acts of the 70th Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's Texas Civil Statutes).

Sec. 376.319. ASSESSMENTS. (a) The board may impose and collect an assessment for any purpose authorized by this subchapter.

(b) Assessments, reassessments, or assessments resulting from an addition to or correction of the assessment roll by the district, penalties and interest on an assessment or reassessment, expenses of collection, and reasonable attorney's fees incurred by the district:

(1) are a first and prior lien against the property assessed;

(2) are superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and

(3) are the personal liability of and charge against the owners of the property even if the owners are not named in the assessment proceedings.

(c) The lien is effective from the date of the resolution of the board levying the assessment until the assessment is paid. The board may enforce the lien in the same manner that the board may enforce an ad valorem tax lien against real property.

Sec. 376.320. PROPERTY EXEMPTED FROM TAX, FEE, OR ASSESSMENT. (a) The district may not impose a tax, impact fee, or assessment on a residential property or condominium.

(b) The district may not impose an impact fee or assessment on the property, equipment, or facilities of a utility.

Sec. 376.321. ELECTIONS. (a) In addition to the elections the district must hold under Subchapter L, Chapter 375, the district shall hold an election in the manner provided by that subchapter to obtain voter approval before the district imposes a maintenance tax or issues bonds payable from ad valorem taxes or assessments.

(b) The board may submit multiple purposes in a single proposition at an election.

Sec. 376.322. IMPACT FEES. The district may impose an impact fee for an authorized purpose as provided by Subchapter G, Chapter 375.

Sec. 376.323. MAINTENANCE TAX. (a) If authorized at an election held in accordance with Section 376.321, the district may impose and collect an annual ad valorem tax on taxable property in the district for the maintenance and operation of the district and the improvements constructed or acquired by the district or for the provision of services.

(b) The board shall determine the tax rate.

Sec. 376.324. DISSOLUTION OF DISTRICT. The district may be dissolved as provided by Subchapter M, Chapter 375. If the district has debt and is dissolved, the district shall remain in existence solely for the limited purpose of discharging its bonds or other obligations according to their terms.

Sec. 376.325. CONTRACTS. (a) To protect the public interest, the district may contract with the municipality or the county for the municipality or county to provide law enforcement services in the district for a fee.

(b) The municipality, the county, or another political subdivision of the state, without further authorization, may contract with the district to implement a project of the district or assist the district in providing the services authorized under this subchapter. A contract under this subsection may:

(1) be for a period on which the parties agree;

(2) include terms on which the parties agree;

(3) be payable from taxes or any other sources of revenue that may be available for that purpose; or

(4) provide that taxes or other revenue collected at a district project or from a person using or purchasing a commodity or service at a district project may be paid or rebated to the district under the terms of the contract.

(c) The district may enter into a contract, lease, or other agreement with or make or accept grants and loans to or from:

(1) the United States;

(2) the state or a state agency;

(3) a county, a municipality, or another political subdivision of the state;

(4) a public or private corporation, including a nonprofit corporation created by the board under this subchapter; or

(5) any other person.

(d) The district may perform all acts necessary for the full exercise of the powers vested in the district on terms and for the period the board determines advisable.

Sec. 376.326. COMPETITIVE BIDDING UNIT. Section 375.221 does not apply to the district unless the contract is for more than $25,000.

Sec. 376.327. ANNEXATION. The district may:

(1) annex territory as provided by Subchapter C, Chapter 375; and

(2) annex territory located inside the boundaries of a reinvestment zone created by the municipality under Chapter 311, Tax Code, if the governing body of the municipality consents to the annexation.

Sec. 376.328. AGREEMENTS: GENERAL; DONATIONS, INTERLOCAL AGREEMENTS, AND LAW ENFORCEMENT SERVICES. (a) The district

may make an agreement with or accept a donation, grant, or loan from any person.

(b) The implementation of a project is a governmental function or service for the purposes of Chapter 791, Government Code.

(c) To protect the public interest, the district may contract with the municipality or the county for the municipality or county to provide law enforcement services in the district for a fee.

SECTION 2. The legislature finds that:

(1) proper and legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished by the constitution and laws of this state, including the governor, who has submitted the notice and Act to the Texas Natural Resource Conservation Commission;

(2) the Texas Natural Resource Conservation Commission has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time;

(3) the general law relating to consent by political subdivisions to the creation of districts with conservation, reclamation, and road powers and the inclusion of land in those districts has been complied with; and

(4) all requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act have been fulfilled and accomplished.

SECTION 3. Notwithstanding Section 376.309, Local Government Code, as added by this Act:

(1) the initial board of directors of the East Downtown Management District consists of:

Pos. No. Name of Director

1 Alfred H. Bennett

2 Charlie Chea

3 Peggy Foreman

4 Sean Gorman

5 Alan Gover

6 Tri La

7 Dan Nip

8 Grant Martin

9 Andy Moran

10 Bill Chu

11 Bob Eury

12 Wayne Galt

13 George Strong

14 Ringo Kwan

15 Stephen Barth

16 Harold A. Odom, III

17 Roger Russel; and

(2) of the initial board, members in positions 1-9 serve terms that expire June 1, 2003, and members in positions 10-17 serve terms that expire June 1, 2001.

SECTION 4. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

Representative Coleman moved to adopt the conference committee report on HB 3799.

A record vote was requested.

The motion prevailed by (Record 514): 140 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Cuellar; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Crownover; Jones, D.

Absent, Excused, Committee Meeting - Dunnam; Dutton; Grusendorf; Hochberg; Sadler.

Absent - Chavez; Culberson.

STATEMENTS OF VOTE

When Record No. 514 was taken, my vote failed to register. I would have voted yes.

Chavez

When Record No. 514 was taken, my vote failed to register. I would have voted yes.

Culberson

SB 1525 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Uher submitted the conference committee report on SB 1525.

SB 1525 - STATEMENT OF LEGISLATIVE INTENT

REPRESENTATIVE UHER: SB 1525 is not intended to adversely affect persons who receive compensation for nutritional advice given in conjunction with dietary supplements, herbs, or health foods. This satisfies the concerns of the Coalition for Natural Health, with which I have had discussions. We want to make sure that anyone who sells vitamins can discuss what those vitamins might do.

Representative Uher moved to adopt the conference committee report on SB 1525.

The motion prevailed without objection. (B. Turner recorded voting no)

REMARKS ORDERED PRINTED

Representative Uher moved to print his remarks on SB 1525.

The motion prevailed without objection.

NOTICE OF INTRODUCTION

Pursuant to the provisions of Rule 13, Section 9(f), of the House Rules, the speaker announced the introduction of the following resolutions, suspending the limitations on the conferees: HR 1311 for HB 1861 and HR 1314 for SB 957.

HB 869 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Goodman submitted the following conference committee report on HB 869:

Austin, Texas, May 26, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 869 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Harris Goodman

Ellis P. King

Moncrief G. Lewis

Nelson Smith

Truitt

On the part of the Senate On the part of the House

HB 869, A bill to be entitled An Act relating to authorizing the appointment of certain visiting associate judges.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 201, Family Code, is amended by adding Section 201.018 to read as follows:

Sec. 201.018. VISITING ASSOCIATE JUDGE. (a) If an associate judge appointed under this subchapter is temporarily unable to perform the judge's official duties because of absence or illness, injury, or other disability, a judge of a court having jurisdiction of a suit under this title or Title 1 or 4 may appoint a visiting associate judge to perform the duties of the associate judge during the period of the associate judge's absence or disability if the commissioners court of a county in which the court has jurisdiction authorizes the employment of a visiting associate judge.

(b) To be eligible for appointment under this section, a person must have served as an associate judge for at least six years.

(c) Sections 201.001 through 201.017 apply to a visiting associate judge appointed under this section.

(d) This section does not apply to a master appointed under Subchapter B.

SECTION 2. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

Representative Goodman moved to adopt the conference committee report on HB 869.

The motion prevailed without objection.

SB 1423 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Noriega submitted the conference committee report on SB 1423.

Representative Noriega moved to adopt the conference committee report on SB 1423.

The motion prevailed without objection.

(Grusendorf and Hochberg now present)

HB 713 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Cuellar submitted the following conference committee report on HB 713:

Austin, Texas, May 27, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 713 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Ellis Cuellar

West Rangel

Wentworth F. Brown

Zaffirini Junell

On the part of the Senate On the part of the House

HB 713, A bill to be entitled An Act relating to the establishment and operation of the Toward EXcellence, Access, & Success (TEXAS) grant program and the Teach for Texas Grant Program; consolidating and revising financial aid, grant, and scholarship programs; and providing for the education, certification, and recruitment of teachers and faculty instructors.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 56, Education Code, is amended by adding Subchapter M to read as follows:

SUBCHAPTER M. TOWARD EXCELLENCE, ACCESS,

& SUCCESS (TEXAS) GRANT PROGRAM AND

TEACH FOR TEXAS GRANT PROGRAM

Sec. 56.301. DEFINITIONS. In this subchapter:

(1) "Coordinating board" means the Texas Higher Education Coordinating Board.

(2) "Eligible institution" means:

(A) an institution of higher education; or

(B) a private or independent institution of higher education.

(3) "Private or independent institution of higher education," "public junior college," and "public technical institute" have the meanings assigned by Section 61.003.

Sec. 56.302. PROGRAM NAME; PURPOSE. (a) The student financial assistance program authorized by this subchapter is known as the Toward EXcellence, Access, & Success (TEXAS) grant program, and an individual grant awarded under this subchapter is known as a TEXAS grant.

(b) The purpose of this subchapter is to provide a grant of money to enable eligible students to attend public and private institutions of higher education in this state.

Sec. 56.303. ADMINISTRATION OF PROGRAM. (a) The coordinating board shall administer the TEXAS grant program and shall adopt any rules necessary to implement the TEXAS grant program or this subchapter. The coordinating board shall consult with the student financial aid officers of eligible institutions in developing the rules.

(b) The coordinating board shall adopt rules to provide a TEXAS grant to an eligible student enrolled in an eligible institution in the most efficient manner possible.

(c) The total amount of TEXAS grants awarded may not exceed the amount available for the program from appropriations, gifts, grants, or other funds.

(d) In determining who should receive a TEXAS grant, the coordinating board and the eligible institutions shall give highest priority to awarding TEXAS grants to students who demonstrate the greatest financial need.

Sec. 56.304. INITIAL ELIGIBILITY FOR GRANT. (a) To be eligible initially for a TEXAS grant, a person must:

(1) be a resident of this state as determined by coordinating board rules;

(2) meet either of the following academic requirements:

(A) be a graduate of a public or accredited private high school in this state who graduated not earlier than the 1998-1999 school year and who completed the recommended or advanced high school curriculum established under Section 28.002 or 28.025 or its equivalent; or

(B) have received an associate degree from an eligible institution not earlier than May 1, 2001;

(3) meet financial need requirements as defined by the coordinating board;

(4) be enrolled in an undergraduate degree or certificate program at an eligible institution;

(5) be enrolled as:

(A) an entering undergraduate student for at least three-fourths of a full course load for an entering undergraduate student, as determined by the coordinating board, not later than the 16th month after the date of the person's graduation from high school; or

(B) an entering student for at least three-fourths of a full course load for an undergraduate student as determined by the coordinating board, not later than the 12th month after the month the person receives an associate degree from an eligible institution;

(6) have applied for any available financial aid or assistance; and

(7) comply with any additional nonacademic requirement adopted by the coordinating board under this subchapter.

(b) A person is not eligible to receive a TEXAS grant if the person has been convicted of a felony or an offense under Chapter 481, Health and Safety Code (Texas Controlled Substances Act), or under the law of another jurisdiction involving a controlled substance as defined by Chapter 481, Health and Safety Code, unless the person has met the other applicable eligibility requirements under this subchapter and has:

(1) received a certificate of discharge by the Texas Department of Criminal Justice or a correctional facility or completed a period of probation ordered by a court, and at least two years have elapsed from the date of the receipt or completion; or

(2) been pardoned, had the record of the offense expunged from the person's record, or otherwise has been released from the resulting ineligibility to receive a grant under this subchapter.

(c) A person is not eligible to receive a TEXAS grant if the person has been granted a baccalaureate degree.

(d) A person may not receive a TEXAS grant for more than 150 semester credit hours or the equivalent.

(e) A person's eligibility for a TEXAS grant ends on the sixth anniversary of the initial award of a TEXAS grant to the person and the person's enrollment in an eligible institution.

(f) The requirement in Subsection (a)(2) that a person must have completed the recommended or advanced high school curriculum does not apply to a person who:

(1) attended a public high school in a school district if that district certifies to the commissioner of education that the high school did not offer all the necessary courses for a person to complete all parts of the recommended or advanced high school curriculum; and

(2) completed all courses at the high school offered toward the completion of the recommended or advanced high school curriculum.

(g) Not later than March 1 of each year, the commissioner of education shall provide to the coordinating board a list of all the public high schools that do not offer all the courses necessary to complete all parts of the recommended or advanced high school curriculum as described by Subsection (f)(1).

(h) The coordinating board shall adopt rules to allow a person who is otherwise eligible to receive a TEXAS grant, in the event of a hardship or for other good cause shown, including a showing of a severe illness or other debilitating condition that may affect the person's academic performance or that the person is responsible for the care of a sick, injured, or needy person and that the person's provision of care may affect the person's academic performance, to receive a TEXAS grant while enrolled in a number of semester credit hours that is less than the number of semester credit hours required under Subsection (a)(5). The coordinating board may not allow a person to receive a TEXAS grant while enrolled in fewer than six semester credit hours.

Sec. 56.305. CONTINUING ELIGIBILITY AND ACADEMIC PERFORMANCE REQUIREMENTS. (a) After initially qualifying for a TEXAS grant, a person may continue to receive a TEXAS grant during each semester or term in which the person is enrolled at an eligible institution only if the person:

(1) meets financial need requirements as defined by the coordinating board;

(2) is enrolled in an undergraduate degree or certificate program at an eligible institution;

(3) is enrolled for at least three-fourths of a full course load for an undergraduate student, as determined by the coordinating board;

(4) makes satisfactory academic progress toward an undergraduate degree or certificate; and

(5) complies with any additional nonacademic requirement adopted by the coordinating board.

(b) A person is not eligible to continue to receive a TEXAS grant under this section if the person has been convicted of a felony or an offense under Chapter 481, Health and Safety Code (Texas Controlled Substances Act), or under the law of another jurisdiction involving a controlled substance as defined by Chapter 481, Health and Safety Code, unless the person has met the other applicable eligibility requirements under this subchapter and has:

(1) received a certificate of discharge by the Texas Department of Criminal Justice or a correctional facility or completed a period of probation ordered by a court, and at least two years have elapsed from the date of the receipt or completion; or

(2) been pardoned, had the record of the offense expunged from the

person's record, or otherwise has been released from the resulting ineligibility to receive a grant under this subchapter.

(c) If a person fails to meet any of the requirements of Subsection (a) after the completion of any semester or term, the person may not receive a TEXAS grant during the next semester or term in which the person enrolls. A person may become eligible to receive a TEXAS grant in a subsequent semester or term if the person:

(1) completes a semester or term during which the student is not eligible for a scholarship; and

(2) meets all the requirements of Subsection (a).

(d) A person who qualifies for and subsequently receives a TEXAS grant, who receives an undergraduate certificate or associate degree, and who, not later than the 12th month after the month the person receives the certificate or degree, enrolls in a program leading to a higher-level undergraduate degree continues to be eligible for a TEXAS grant to the extent other eligibility requirements are met.

(e) For the purpose of this section, a person makes satisfactory academic progress toward an undergraduate degree or certificate only if:

(1) in the person's first academic year the person meets the satisfactory academic progress requirements of the institution at which the person is enrolled; and

(2) in a subsequent academic year, the person:

(A) completes at least 75 percent of the semester credit hours attempted in the student's most recent academic year; and

(B) earns an overall grade point average of at least 2.5 on a four-point scale or the equivalent on coursework previously attempted at institutions of higher education.

(f) A person who is eligible to receive a TEXAS grant continues to remain eligible to receive the TEXAS grant if the person enrolls in or transfers to another eligible institution.

(g) The coordinating board shall adopt rules to allow a person who is otherwise eligible to receive a TEXAS grant, in the event of a hardship or for other good cause shown, including a showing of a severe illness or other debilitating condition that may affect the person's academic performance or that the person is responsible for the care of a sick, injured, or needy person and that the person's provision of care may affect the person's academic performance, to receive a TEXAS grant while enrolled in a number of semester credit hours that is less than the number of semester credit hours required under Subsection (a)(3). The coordinating board may not allow a person to receive a TEXAS grant while enrolled in fewer than six semester credit hours.

Sec. 56.306. GRANT USE. A person receiving a TEXAS grant may use the money to pay any usual and customary cost of attendance at an institution of higher education incurred by the student. The institution may disburse all or part of the proceeds of a TEXAS grant to an eligible person only if the tuition and required fees incurred by the person at the institution have been paid.

Sec. 56.307. GRANT AMOUNT. (a) The amount of a TEXAS grant for

a semester or term for a person enrolled full-time at an eligible institution other than an institution covered by Subsection (b), (c), or (d) is the amount determined by the coordinating board as the average statewide amount of tuition and required fees that a resident student enrolled full-time in a baccalaureate degree program would be charged for that semester or term at general academic teaching institutions.

(b) The amount of a TEXAS grant for a student enrolled full-time at a private or independent institution of higher education is the amount determined by the coordinating board as the average statewide amount of tuition and required fees that a resident student enrolled full-time in a baccalaureate degree program would be charged for that semester or term at general academic teaching institutions.

(c) The amount of a TEXAS grant for a student enrolled full-time at a public technical institute is the amount determined by the coordinating board as the average statewide amount of tuition and required fees that a resident student enrolled full-time in an associate degree or certificate program would be charged for that semester or term at public technical institutes.

(d) The amount of a TEXAS grant for a student enrolled full-time at a public junior college is the amount determined by the coordinating board as the average statewide amount of tuition and required fees that a student who is a resident of the junior college district and is enrolled full-time in an associate degree or certificate program would be charged for that semester or term at public junior colleges.

(e) The coordinating board may adopt rules that allow the coordinating board to increase or decrease, in proportion to the number of semester credit hours in which a student is enrolled, the amount of a TEXAS grant award under this section to a student who is enrolled in a number of semester credit hours in excess of or below the number of semester credit hours described in Section 56.304(a)(5) or 56.305(a)(3).

(f) The amount of a TEXAS grant may not be reduced by any gift aid for which the person receiving the grant is eligible, unless the total amount of a person's grant plus any gift aid received exceeds the total cost of attendance at an eligible institution.

(g) Not later than January 31 of each year, the coordinating board shall publish the amounts of each grant established by the board for each type of institution for the academic year beginning the next fall semester.

(h) The total amount of grants that a student may receive in an academic year under this subchapter and under Section 61.221 may not exceed the maximum amount authorized under Section 61.227.

(i) A public institution of higher education may not:

(1) charge a person attending the institution who also receives a TEXAS grant an amount of tuition and required fees in excess of the amount of the TEXAS grant received by the person; or

(2) deny admission to or enrollment in the institution based on a person's eligibility to receive a TEXAS grant or a person's receipt of a TEXAS grant.

(j) An institution may use other available sources of financial aid, other than a loan or a Pell grant, to cover any difference in the amount of a

TEXAS grant and the actual amount of tuition and required fees at the institution.

(k) The legislature in an appropriations act shall account for tuition and required fees received under this section in a way that does not increase the general revenue appropriations to that institution.

Sec. 56.308. NOTIFICATION OF PROGRAM; RESPONSIBILITIES OF SCHOOL DISTRICTS. (a) The coordinating board shall distribute to each eligible institution and to each school district a copy of the rules adopted under this subchapter.

(b) Each school district shall:

(1) notify its middle school students, junior high school students, and high school students, those students' teachers and counselors, and those students' parents of the TEXAS grant and Teach for Texas grant programs established under this subchapter, the eligibility requirements of each program, the need for students to make informed curriculum choices to be prepared for success beyond high school, and sources of information on higher education admissions and financial aid in a manner that assists the district in implementing a strategy adopted by the district under Section 11.252(a)(4); and

(2) ensure that each student's official transcript or diploma indicates whether the student has completed or is on schedule to complete:

(A) the recommended or advanced high school curriculum required for grant eligibility under Section 28.002 or 28.025; or

(B) for a school district covered by Section 56.304(f)(1), the required portion of the recommended or advanced high school curriculum in the manner described by Section 56.304(f)(2).

(c) The information required by Subsection (b)(2) must be included on a student's transcript not later than the end of the student's junior year.

(d) In addition to the eligibility requirements of Section 56.304, a person who graduated from an accredited private high school is eligible to receive a grant under this subchapter only if the student's official transcript or diploma includes the information required as provided by Subsections (b)(2)(A) and (c).

Sec. 56.309. TEACH FOR TEXAS GRANT PROGRAM. (a) The purpose of the Teach for Texas grant program is to attract to the teaching profession persons who have expressed interest in teaching and to support the certification of those persons as classroom teachers.

(b) A Teach for Texas tuition grant is available only to a person who receives a TEXAS grant under Section 56.304 or 56.305, applies for a Teach for Texas tuition grant, and is enrolled as a junior or senior in a baccalaureate degree program if:

(1) the degree program is in a teaching field certified by the commissioner of education as experiencing a critical shortage of teachers in this state in the year in which the person begins the degree program; or

(2) the person agrees to teach in a public school in this state in a community, which is not required to be specifically designated at the time the person receives the grant, certified by the commissioner of education as experiencing a critical shortage of teachers in any year in which the person

receives a grant under this section or in any subsequent year in which the person fulfills the teaching obligation.

(c) To receive a Teach for Texas tuition grant, a person must agree to teach full-time for five years at the preschool, primary, or secondary level in a public school in this state in the person's chosen critical field or in a community experiencing a critical teacher shortage, as applicable.

(d) The amount of a Teach for Texas tuition grant under this section is equal to two times the amount of a TEXAS grant authorized under Section 56.307(b) for the same semester or term. A person may receive both a TEXAS grant under Section 56.304 or 56.305 and a grant under this section for the same semester or term.

(e) The person must begin fulfilling the teaching obligation of this section not later than the 18th month after the person completes the degree program and any related courses required for teacher certification, unless the coordinating board grants the person additional time to begin fulfilling the teaching obligation. The person must complete the teaching obligation not later than the sixth year after the date the person begins to fulfill the teaching obligation. The coordinating board shall grant a person additional time to complete the teaching obligation for good cause.

(f) The coordinating board shall cancel a person's teaching obligation if the board determines that the person:

(1) has become permanently disabled so that the person is not able to teach; or

(2) has died.

(g) The coordinating board shall require a person who receives a Teach for Texas grant under this section to sign a promissory note acknowledging the conditional nature of the grant and promising to repay the amount of the grant plus applicable interest and reasonable collection costs if the person does not satisfy the applicable conditions. The board shall determine the terms of the promissory note.

(h) The amount required to be repaid by a person who fails to complete the teaching obligation of the person's grant shall be determined in proportion to the portion of the teaching obligation that the person has not satisfied.

(i) A person receiving a Teach for Texas tuition grant is considered to have failed to satisfy the conditions of the grant, and the grant automatically becomes a loan, if the person fails to remain enrolled in or to make steady progress in the degree program for which the grant was made without good cause as determined by the coordinating board or if the person fails to become certified as a teacher not later than the 18th month after the date the person receives a degree.

Sec. 56.310. FUNDING. (a) The coordinating board may solicit and accept gifts and grants from any public or private source for the purposes of this subchapter.

(b) The legislature may appropriate money for the purposes of this subchapter.

Sec. 56.311. LEGISLATIVE OVERSIGHT COMMITTEE. (a) The Legislative Oversight Committee on the TEXAS and Teach for Texas grant

programs established by this subchapter is composed of six members as follows:

(1) three members of the senate appointed by the lieutenant governor; and

(2) three members of the house of representatives appointed by the speaker of the house of representatives.

(b) The committee shall:

(1) meet at least twice a year with the coordinating board; and

(2) receive information regarding rules relating to the TEXAS and Teach for Texas grant programs established by this subchapter that have been adopted by the coordinating board or proposed for adoption by the coordinating board.

(c) The committee may request reports and other information from the coordinating board relating to the operation of the TEXAS and Teach for Texas grant programs under this subchapter by the coordinating board.

(d) The committee shall review the specific recommendations for legislation related to this subchapter that are proposed by the coordinating board.

(e) The committee shall monitor the operation of the TEXAS and Teach for Texas grant programs established under this subchapter, with emphasis on the manner of the award of grants, the number of grants awarded, and the educational progress made by persons who have received grants under this subchapter.

(f) The committee shall file a report with the governor, lieutenant governor, and speaker of the house of representatives not later than December 31 of each even-numbered year.

(g) The report shall include identification of any problems in the TEXAS and Teach for Texas grant programs operated under this subchapter with recommended solutions for the coordinating board and for legislative action.

SECTION 2. Section 54.5021(c), Education Code, is amended to read as follows:

(c) Not later than August 31 of each fiscal year, each institution of higher education that has an unobligated and unexpended balance in its student deposit fund that exceeds 150 percent of the total deposits to that fund during that year shall remit to the Texas Higher Education Coordinating Board the amount of that excess. The coordinating board shall allocate on an equitable basis amounts received under this subsection to institutions of higher education that do not have an excess described by this subsection for deposit in their student deposit fund. The amount allocated under this subsection may be used only for making grants under Subchapter M, Chapter 56 [scholarship awards to needy and deserving students under this section ].

SECTION 3. Section 56.039, Education Code, is amended to read as follows:

Sec. 56.039. FULL USE OF FUNDS. At the end of a fiscal year, if the total amount of unencumbered funds that have been set aside under this subchapter by an institution of higher education, together with the total amount of unencumbered funds transferred by that institution to the Coordinating Board, Texas College and University System, exceeds 150

percent of the amount of funds set aside by that institution in that fiscal year, the institution shall transfer the excess amount to the coordinating board. The coordinating board shall use funds transferred under this section to award grants under Subchapter M [scholarships as provided by law to students at institutions other than the institution that transferred the funds ].

SECTION 4. Section 151.423, Tax Code, is amended to read as follows:

Sec. 151.423. REIMBURSEMENT TO TAXPAYER FOR TAX COLLECTIONS. A taxpayer may deduct and withhold one-half of one percent of the amount of taxes due from the taxpayer on a timely return as reimbursement for the cost of collecting the taxes imposed by this chapter. The comptroller shall provide a card with each form distributed for the collection of taxes under this chapter. The card may be inserted by the taxpayer with the tax payment to provide for contribution of all or part of the reimbursement provided by this section for use as grants [student financial assistance grants offered ] under Subchapter M, Chapter 56, Education Code. If the taxpayer chooses to contribute the reimbursement for the [student ] grants, the taxpayer shall include the amount of the reimbursement contribution with the tax payment. The comptroller shall transfer money contributed under this section for [student ] grants under Subchapter M, Chapter 56, Education Code, to the appropriate fund.

SECTION 5. Subchapter C, Chapter 61, Education Code, is amended by adding Section 61.0776 to read as follows:

Sec. 61.0776. CENTER FOR FINANCIAL AID INFORMATION. (a) The board, in cooperation with public and private or independent institutions of higher education, the Texas Education Agency, public school counselors, representatives of student financial aid offices of any institutions, regional education service centers, and the Texas Guaranteed Student Loan Corporation, shall develop a center for financial aid information. The center shall disseminate information about financial aid opportunities and procedures, including information about different types of financial aid available, eligibility requirements, and procedures for applying for financial aid. The center shall also provide information to prospective students about the Teach for Texas grant program. The information must emphasize the importance of teaching as a profession.

(b) To assist the board in developing information provided by the center, the board shall create and appoint an advisory committee that consists of experts in financial aid administration, public school counselors, and other persons who can provide insight into the informational needs of students.

(c) The board may designate an institution of higher education or other entity with appropriate facilities and resources to operate or house the center.

(d) The center shall maintain a toll-free telephone line that is staffed by persons knowledgeable about financial aid information in this state.

(e) The center shall, based on the advisory committee's recommendations, publish information concerning financial aid opportunities in this state and shall:

(1) furnish a written copy of the information to each middle school, junior high school, and high school counselor in this state; and

(2) post the information on an Internet website accessible to the public.

SECTION 6. Section 11.252(a), Education Code, is amended to read as follows:

(a) Each school district shall have a district improvement plan that is developed, evaluated, and revised annually, in accordance with district policy, by the superintendent with the assistance of the district-level committee established under Section 11.251. The purpose of the district improvement plan is to guide district and campus staff in the improvement of student performance for all student groups in order to attain state standards in respect to the academic excellence indicators adopted under Section 39.051. The district improvement plan must include provisions for:

(1) a comprehensive needs assessment addressing district student performance on the academic excellence indicators, and other appropriate measures of performance, that are disaggregated by all student groups served by the district, including categories of ethnicity, socioeconomic status, sex, and populations served by special programs;

(2) measurable district performance objectives for all appropriate academic excellence indicators for all student populations, appropriate objectives for special needs populations, and other measures of student performance that may be identified through the comprehensive needs assessment;

(3) strategies for improvement of student performance that include:

(A) instructional methods for addressing the needs of student groups not achieving their full potential;

(B) methods for addressing the needs of students for special programs, such as suicide prevention, conflict resolution, violence prevention, or dyslexia treatment programs;

(C) dropout reduction;

(D) integration of technology in instructional and administrative programs;

(E) discipline management;

(F) staff development for professional staff of the district;

(G) career education to assist students in developing the knowledge, skills, and competencies necessary for a broad range of career opportunities; and

(H) accelerated education;

(4) strategies for providing to middle school, junior high school, and high school students, those students' teachers and counselors, and those students' parents information about:

(A) higher education admissions and financial aid opportunities;

(B) the TEXAS grant program and the Teach for Texas grant program established under Subchapter M, Chapter 56;

(C) the need for students to make informed curriculum choices to be prepared for success beyond high school; and

(D) sources of information on higher education admissions and financial aid;

(5) resources needed to implement identified strategies;

(6) [(5) ] staff responsible for ensuring the accomplishment of each strategy;

(7) [(6) ] timelines for ongoing monitoring of the implementation of each improvement strategy; and

(8) [(7) ] formative evaluation criteria for determining periodically whether strategies are resulting in intended improvement of student performance.

SECTION 7. Section 21.004, Education Code, is amended to read as follows:

Sec. 21.004. TEACHER RECRUITMENT PROGRAM. (a) To the extent that funds are available, the [The ] agency, the State Board for Educator Certification, and the Texas Higher Education Coordinating Board shall develop and implement programs [a program ] to identify talented students and recruit those students and persons, including high school and undergraduate students, mid-career and retired professionals, honorably discharged and retired military personnel, and members of underrepresented gender and ethnic groups, [those students for entry ] into the teaching profession.

(b) From available funds, the agency, the State Board for Educator Certification, and the Texas Higher Education Coordinating Board shall develop and distribute materials that emphasize the importance of the teaching profession and inform individuals about state-funded loan forgiveness and tuition assistance programs [The recruitment program must include a technology program suitable for presentation on campuses at high schools and institutions of higher education in this state ].

(c) [The Texas Higher Education Coordinating Board shall cooperate with and assist the agency in the development and implementation of the recruitment program.

[(d) ] The commissioner, in cooperation with the commissioner of higher education and the executive director of the State Board for Educator Certification, shall annually [may coordinate and administer a comprehensive program to ] identify the need for teachers in specific subject areas and geographic regions and among [to encourage members of ] underrepresented groups [to enter the teaching profession. In coordinating the program, the commissioner shall consider the efforts of existing programs for recruiting minorities into the teaching profession ]. The commissioner shall give priority to developing and implementing recruitment programs to address those needs [this program ] from the agency's discretionary funds.

(d) [(e) The commissioner may implement a plan to identify talented secondary school students and to attract them to the teaching profession. In cooperation with the commissioner, the principal of each high school shall appoint a volunteer teacher as the teacher recruiting officer for the school to assist in providing information about the merits of the teaching profession and in identifying and encouraging talented students to become teachers. The commissioner may sponsor a meeting in each regional education service center region of the teacher recruiting officers from each high school in that area to provide the officers the opportunity to share information and materials about the teacher recruitment program.

[(f) ] The agency, the State Board for Educator Certification, and the Texas Higher Education Coordinating Board [commissioner ] shall encourage

the business community to cooperate with local schools to develop recruiting programs designed to attract and retain capable teachers, including programs to provide[. The commissioner shall encourage the business community to provide ] summer employment opportunities for teachers.

(e) [(g) ] The agency, the State Board for Educator Certification, and the Texas Higher Education Coordinating Board [commissioner ] shall encourage major education associations to cooperate in developing a long-range program promoting teaching as a career and to assist in identifying local activities and resources that may be used to promote the teaching profession.

(f) [(h) ] Funds received for [the ] teacher recruitment programs [program ] may be used only to publicize and implement the programs [program ].

SECTION 8. Chapter 21, Education Code, is amended by adding Subchapter K to read as follows:

SUBCHAPTER K. TEACH FOR TEXAS PILOT PROGRAM RELATING TO ALTERNATIVE CERTIFICATION

Sec. 21.501. PURPOSES. The purposes of the alternative certification Teach for Texas Pilot Program are to:

(1) attract to the teaching profession persons who have expressed interest in teaching and to support the certification of those persons as teachers;

(2) recognize the importance of the certification process governed by the State Board for Educator Certification under Subchapter B, which requires verification of competence in subject area and professional knowledge and skills;

(3) encourage the creation and expansion of educator preparation programs that recognize the knowledge and skills gained through previous educational and work-related experiences and that are delivered in a manner that recognizes individual circumstances, including the need to remain employed full-time while enrolled in the Teach for Texas Pilot Program; and

(4) provide annual stipends to postbaccalaureate teacher certification candidates.

Sec. 21.502. PROGRAM ESTABLISHED. The State Board for Educator Certification by rule shall establish the Teach for Texas Pilot Program consistent with the purposes provided by Section 21.501.

Sec. 21.503. FINANCIAL INCENTIVES. (a) The pilot program must offer to participants financial incentives, including tuition assistance and loan forgiveness. In offering a financial incentive, the State Board for Educator Certification shall:

(1) require a contract between each participant who accepts a financial incentive and the State Board for Educator Certification under which the participant is obligated to teach in a public school in this state for a stated period after certification;

(2) provide financial incentives in proportion to the length of the period the participant is obligated by contract to teach after certification; and

(3) give special financial incentives to a participant who agrees in the contract to teach in an underserved area.

(b) Financial incentives may be paid only from funds appropriated specifically for that purpose and from gifts, grants, and donations solicited or accepted by the State Board for Educator Certification for that purpose.

(c) The State Board for Educator Certification shall propose rules establishing criteria for awarding financial incentives under this section, including criteria for awarding financial incentives if there are more participants than funds available to provide the financial incentives.

SECTION 9. Subchapter C, Chapter 61, Education Code, is amended by adding Section 61.0514 to read as follows:

Sec. 61.0514. INTEGRATED COURSEWORK. The board, with the cooperation and advice of the State Board for Educator Certification, shall adopt educator preparation coursework guidelines that promote, to the greatest extent practicable, the integration of subject matter knowledge with classroom teaching strategies and techniques in order to maximize the effectiveness and efficiency of coursework required for certification under Subchapter B, Chapter 21.

SECTION 10. Subchapter M, Chapter 61, Education Code, is amended to read as follows:

SUBCHAPTER M. REPAYMENT OF CERTAIN

TEACHER AND FACULTY EDUCATION LOANS

Sec. 61.701. REPAYMENT AUTHORIZED. The [coordinating ] board may provide, in accordance with this subchapter and board rules, assistance in the repayment of student loans for persons [teachers ] who apply and qualify for the assistance.

Sec. 61.702. ELIGIBILITY. [(a) ] To be eligible to receive repayment assistance, a person [teacher ] must[:

[(1) ] apply to the [coordinating ] board[; ] and must have:

(1) [(2) have ] completed at least one year of employment as and be employed as a full-time classroom teacher in the elementary or secondary schools of this state in an area or field of acute teacher shortage as designated by the State Board of Education; or

(2) received a doctoral degree not earlier than September 1, 1994, from a public or private institution of higher education accredited as required by the board and be employed as a full-time faculty member with instructional duties in an institution of higher education located in a county that borders the United Mexican States.

[(b) The coordinating board may provide by rule for repayment assistance on a pro rata basis for teachers employed part-time in an elementary or secondary school of this state in an area or field of acute teacher shortage as designated by the State Board of Education. ]

Sec. 61.703. LIMITATION. A person [teacher ] may not receive repayment assistance grants for more than 10 [five ] years.

Sec. 61.704. ELIGIBLE LOANS. (a) The [coordinating ] board may provide repayment assistance for the repayment of any student loan for education at a public or private [an ] institution of higher education, including loans for undergraduate and graduate education, received by a person [teacher ] through any lender.

(b) The [coordinating ] board may not provide repayment assistance for a student loan that is in default at the time of the person's [teacher's ] application.

Sec. 61.705. REPAYMENT. (a) The [coordinating ] board shall deliver

any repayment made under this subchapter in a lump sum payable to the lender and the person [teacher ], in accordance with federal law.

(b) A repayment made under this subchapter may be applied to the principal amount of the loan and to interest that accrues.

(c) The minimum amount of repayment assistance that may be received in one year by a person described by Section 61.702(2) is 50 percent of the amount of principal and accrued interest that is due that year.

Sec. 61.706. ADVISORY COMMITTEES. The [coordinating ] board may appoint advisory committees from outside the board's membership to assist the board in performing its duties under this subchapter.

Sec. 61.707. ACCEPTANCE OF FUNDS. The [coordinating ] board may solicit and accept gifts, grants, and donations for the purposes of this subchapter.

Sec. 61.708. RULES. (a) The [coordinating ] board shall adopt rules necessary for the administration of this subchapter, including:

(1) a rule that sets a minimum or maximum amount of repayment assistance that may be received in one year by a person described by Section 61.702(1); and

(2) a rule that sets a maximum amount of repayment assistance that may be received in one year by a person described by Section 61.702(2) [teacher in one year ].

(b) The [coordinating ] board shall distribute a copy of the rules adopted under this section and pertinent information in this subchapter to:

(1) each institution of higher education that offers a teacher education program;

(2) the personnel office at each institution of higher education located in a county that borders the United Mexican States;

(3) any other appropriate state agency; and

(4) [(3) ] any appropriate professional association.

SECTION 11. (a) This section may be cited as the Steven Gonzales-Prisoner of War Higher Education Act.

(b) Subchapter D, Chapter 54, Education Code, is amended by adding Section 54.219 to read as follows:

Sec. 54.219. PRISONERS OF WAR. (a) In this section, "tuition and required fees" includes tuition, service fees, lab fees, building use fees, and all other required fees except room, board, or clothing fees or deposits in the nature of security for the return or proper care of property.

(b) For each semester or summer session and for a total number of semester credit hours not to exceed 120, the governing body of each institution of higher education shall exempt from the payment of tuition and required fees any person who:

(1) is a resident of Texas and was a resident of Texas at the time of the person's original entry into the United States armed forces;

(2) was first classified as a prisoner of war by the United States Department of Defense on or after January 1, 1999; and

(3) is enrolled for at least 12 semester credit hours.

(c) For each semester or session in which a person receives an exemption from tuition and required fees under Subsection (b), the governing body of

the institution the person attends shall exempt the person from the payment of fees and charges for lodging and board if the person resides on the campus of the institution. If the person does not reside on the campus of the institution, the institution shall provide to the person a reasonable stipend to cover the costs of the person's lodging and board.

(d) For each semester or session in which a person receives an exemption from tuition and required fees under Subsection (b), the governing body of the institution the person attends shall award to the person a scholarship to cover the costs of books and similar educational materials required for course work at the institution.

(e) An institution may use any available revenue, including legislative appropriations, and shall solicit and accept gifts, grants, and donations for the purposes of this section. The institution shall use gifts, grants, and donations received for the purposes of this section before using any other revenue.

(c) This section applies beginning with the 1999 fall semester.

SECTION 12. Sections 54.215 and 54.216, Education Code, are repealed.

SECTION 13. Subchapters F and G, Chapter 56, Education Code, are repealed effective June 1, 1999.

SECTION 14. Any money appropriated to or collected for a program abolished under Section 12 or 13 of this Act or that exists in any account to support a program abolished under Section 12 or 13 of this Act, including the Texas New Horizons Scholarship Trust Fund, is transferred to the Texas Higher Education Coordinating Board for use in the TEXAS Grant Program.

SECTION 15. (a) The Texas Higher Education Coordinating Board shall review and study the laws relating to student financial aid, grant, and scholarship programs and tuition and fee waivers or exemptions. The study shall describe improvements that may be made to existing programs to maximize the benefit of the programs to the state and its students and shall include recommendations for legislative or administrative action that may be taken to consolidate, expand, or otherwise modify existing programs or create new programs.

(b) The Texas Higher Education Coordinating Board shall report its activities and findings to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officer of each legislative committee charged with the oversight of higher education institutions not later than December 1, 2000.

SECTION 16. A person receiving a scholarship or other financial assistance under Section 54.215 or 54.216, Education Code, or Subchapter G, Chapter 56, Education Code, on the effective date of this Act may continue to receive a scholarship or other financial assistance under Section 54.215 or 54.216 or under Subchapter G, Chapter 56, Education Code, as applicable to the person on the effective date, until the person is no longer eligible for the scholarship or other assistance under Section 54.215 or 54.216, Education Code, or Subchapter G, Chapter 56, Education Code, as the applicable section or subchapter exists on January 1, 1999. The costs of the scholarships or other financial assistance authorized under this section shall be covered by the TEXAS grant program established by Subchapter M, Chapter 56, Education Code, as added by this Act.

SECTION 17. (a) The Texas Higher Education Coordinating Board, in conjunction with the commissioner of education, shall conduct a study relating to the performance of students at institutions of higher education as that performance relates to whether a student completed the recommended or advanced high school curriculum.

(b) The board shall include in the study consideration of:

(1) the number of schools that offered all or part of the recommended or advanced high school curriculum;

(2) the types and number of students who completed the recommended or advanced high school curriculum; and

(3) the effect, if any, of the method that a school district uses to present or deliver any portion of the recommended or advanced high school curriculum to its students.

(c) Not later than January 1, 2003, the board shall issue a final report describing the findings of the study conducted under this section and any recommendations for legislation or administrative action to the governor, lieutenant governor, speaker of the house of representatives, the presiding officer of each legislative committee charged with the oversight of primary and secondary education or higher education, and the legislative oversight committee established under Subchapter M, Chapter 56, Education Code, as added by this Act. The board may issue preliminary reports related to the study at any time.

(d) This section expires January 2, 2003.

SECTION 18. (a) The Texas Higher Education Coordinating Board shall review and study the effect of the TEXAS grant program and the Teach for Texas grant program established by Subchapter M, Chapter 56, Education Code, as added by this Act, on enrollments at institutions of higher education. The study shall determine whether there have been shifts in enrollments between universities and community colleges and whether those shifts were caused by the different grant amounts awarded to students at each institution. The report shall make recommendations for legislative changes to the methodology for calculating the amount of the grant awards, if needed.

(b) The Texas Higher Education Coordinating Board shall report its findings to the governor, the lieutenant governor, the speaker of the house of representatives, the presiding officer of each legislative committee with oversight responsibilities for higher education institutions, and the legislative oversight committee established under Subchapter M, Chapter 56, Education Code, as added by this Act, not later than December 1, 2000.

SECTION 19. (a) The Texas Higher Education Coordinating Board and the eligible institutions of higher education shall award scholarships under the TEXAS grant program and the Teach for Texas grant program established under Subchapter M, Chapter 56, Education Code, as added by this Act, beginning with the 1999 fall semester.

(b) The Texas Higher Education Coordinating Board shall adopt the initial rules for awarding grants under the TEXAS grant program and the Teach for Texas grant program established under Subchapter M, Chapter 56, Education Code, as added by this Act, not later than July 31, 1999.

(c) The Texas Higher Education Coordinating Board may award a grant

under the Teach for Texas Grant Program to a person who has not received a TEXAS grant under Section 56.304 or 56.305, Education Code, as added by this Act, if the person meets all the other qualifications for the award of a Teach for Texas tuition grant under Section 56.309, Education Code, as added by this Act, and the requirements for a TEXAS grant under Sections 56.304 and 56.305, Education Code, except for requirements of Sections 56.304(a)(2) and (5), Education Code, as added by this Act. This subsection expires September 1, 2001.

SECTION 20. The commissioner of education shall provide to the Texas Higher Education Coordinating Board a list of all of the public high schools that do not offer all the courses necessary to complete all parts of the recommended or advanced high school curriculum or its equivalent as required by Section 56.304(f)(1), Education Code, as added by this Act, not later than July 31, 1999.

SECTION 21. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

Representative Cuellar moved to adopt the conference committee report on HB 713.

A record vote was requested.

The motion prevailed by (Record 515): 142 Yeas, 2 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Gray; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Nays - Berman; Talton.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Crownover; Jones, D.

Absent, Excused, Committee Meeting - Dunnam; Dutton; Sadler.

STATEMENT OF VOTE

I was shown voting yes on Record No. 515. I intended to vote no.

Howard

HB 2611 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Greenberg submitted the following conference committee report on HB 2611:

Austin, Texas, May 28, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 2611 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Moncrief Greenberg

Shapiro Gallego

Wentworth Uher

Carona Madden

Shapleigh Danburg

On the part of the Senate On the part of the House

HB 2611, A bill to be entitled An Act relating to electronic reporting of certain political contributions and political expenditures.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 254.036, Election Code, is amended to read as follows:

Sec. 254.036. FORM OF REPORT; AFFIDAVIT; MAILING OF FORMS. (a) Each report filed under this chapter with an authority other than the commission must be on a form prescribed by the commission and must be written in black ink or typed with black typewriter ribbon unless the report is a computer printout. If the report is a computer printout, the printout must conform to the same format and paper size as the form prescribed by the commission.

(b) Except as provided by Subsection (c), (d), (e), (f), or (g), each report filed under this chapter with the commission must be filed by computer diskette, modem, or other means of electronic transfer, using computer software provided by the commission or computer software that meets commission specifications for a standard file format.

(c) A candidate, officeholder, or political committee that is required to file reports with the commission may file reports that comply with Subsection (a) if the candidate, officeholder, or campaign treasurer of the committee files

with the commission an affidavit stating that the candidate, officeholder, or committee, an agent of the candidate, officeholder, or committee, or a person with whom the candidate, officeholder, or committee contracts does not use computer equipment to keep the current records of political contributions, political expenditures, or persons making political contributions to the candidate, officeholder, or committee. An affidavit under this subsection must be filed with each report filed under Subsection (a). The affidavit must include a statement that the candidate, officeholder, or political committee understands that if the candidate, officeholder, or committee, a consultant of the candidate, officeholder, or committee, or a person with whom the candidate, officeholder, or committee contracts uses computer equipment for a purpose described by this subsection, the candidate, officeholder, or committee is required to file reports under Subsection (b).

(d) A candidate, officeholder, or political committee that is required to file reports with the commission, other than a candidate for or holder of a statewide office or a specific-purpose committee for supporting or opposing such a candidate or assisting such an officeholder, may file reports that comply with Subsection (a) if the candidate or committee does not accept political contributions that in the aggregate exceed $20,000 or make political expenditures that in the aggregate exceed $20,000 in a calendar year. A candidate, officeholder, or political committee that exceeds $20,000 in political contributions or political expenditures in a calendar year shall file reports as required by Subsection (b) for:

(1) any reporting period during the calendar year in which the limit prescribed by this subsection is exceeded, other than a reporting period that has ended on the date the limit is exceeded; and

(2) each reporting period during a calendar year subsequent to the calendar year in which the limit is exceeded.

(e) A candidate for an office described by Section 252.005(5) or a specific-purpose committee for supporting or opposing only candidates for an office described by Section 252.005(5) or a measure described by Section 252.007(5) may file reports that comply with Subsection (a).

(f) An individual required to file a report with the commission in connection with a direct campaign expenditure to which Section 253.062 applies may file a report that complies with Subsection (a).

(g) A person required to file a report with the commission in connection with the office of district judge, district attorney, or judge of a multicounty statutory county court may file reports that comply with Subsection (a).

(h) Each report filed under this chapter that is not filed by electronic transfer must be accompanied by an affidavit executed by the person required to file the report. The affidavit must contain the statement: "I swear, or affirm, under penalty of perjury, that the accompanying report is true and correct and includes all information required to be reported by me under Title 15, Election Code." Each report filed under this chapter by electronic transfer must be under oath by the person required to file the report and must contain, in compliance with commission specifications, the digitized signature of the person required to file the report. A report filed under this chapter is considered to be under oath by the person required to file the report, and the

person is subject to prosecution under Chapter 37, Penal Code, regardless of the absence of or a defect in the affidavit.

(i) Each person required to file reports with the commission that comply with Subsection (b) shall file with the commission a written statement providing the manner of electronic transfer that the person will use to file the report. A statement under this subsection must be filed not later than the 30th day before the filing deadline for the first report a person is required to file under Subsection (b). A person who intends to change the manner of filing described by the person's most recent statement shall notify the commission of the change not later than the 30th day before the filing deadline for the report to which the change applies. If a person does not file a statement under this subsection, the commission may accept as authentic a report filed in any manner that complies with Subsection (b). If the commission receives a report that is not filed in the manner described by the person's most recent statement under this subsection, the commission shall promptly notify the person in writing that the commission has received a report filed in a different manner than expected.

(j) [(c) ] As part of the notification required by Section 251.033, the commission shall mail the appropriate forms to each person required to file a report with the commission during that reporting period.

(k) [(d) ] The commission shall prescribe forms for purposes of legislative caucus reports under Section 254.0311 that are separate and distinct from forms for other reports under this chapter.

(l) [(e) A report filed under this chapter is considered to be under oath by the person required to file the report regardless of the absence of or defect in the affidavit of verification, including a signature.

[(f) A person required to file a report under this chapter is subject to prosecution under Chapter 37, Penal Code, regardless of the absence of or defect in the affidavit of verification.

[(g) ] This section applies to a report that is filed electronically or otherwise.

SECTION 2. Subchapter B, Chapter 254, Election Code, is amended by adding Sections 254.0361 and 254.0362 to read as follows:

Sec. 254.0361. REQUIREMENTS FOR ELECTRONIC FILING SOFTWARE. (a) Computer software provided or approved by the commission for use under Section 254.036(b) must:

(1) use a standardized format for the entry of names, addresses, and zip codes;

(2) provide for secure and encoded transmission of data from the computer of a person filing a report to the computers used by the commission;

(3) be capable of being used by a person with basic computing skills who uses a computer that uses a Windows operating system, Macintosh operating system, or another operating system that the commission determines is as popular as those systems for use with personal computers; and

(4) permit a person using a computer to prepare a report or to retrieve information from a report to import information to the report from a variety of computer software applications that meet commission specifications for a

standard file format or export information from the report to a variety of computer software applications that meet commission specifications for a standard file format without the need to reenter information.

(b) Before determining the specifications for computer software developed, purchased, or licensed for use under Section 254.036, the commission shall conduct at least one public hearing to discuss the specifications. For at least 10 days following the hearing, the commission shall accept public comments concerning the software specifications.

Sec. 254.0362. USE OF PUBLICLY ACCESSIBLE COMPUTER TERMINAL FOR PREPARATION OF REPORTS. (a) Except as provided by Subsection (d), a person who is required to file reports under this chapter may use a publicly accessible computer terminal that has Internet access and web browser software to prepare the reports.

(b) A public entity may prescribe reasonable restrictions on the use of a publicly accessible computer terminal for preparation of reports under this chapter, except that a public entity may not prohibit a person from using a computer terminal for preparation of reports during the public entity's regular business hours if the person requests to use the computer terminal less than 48 hours before a reporting deadline to which the person is subject.

(c) This section does not require a public entity to provide a person with consumable materials, including paper and computer diskettes, in conjunction with the use of a publicly accessible computer terminal.

(d) An officeholder may not use a computer issued to the officeholder for official use to prepare a report under this title.

(e) In this section:

(1) "Public entity" means a state agency, city, county, or independent school district.

(2) "Publicly accessible computer terminal" means a computer terminal that is normally available for use by members of the public and that is owned by a state agency, an independent school district, or a public library operated by a city or county.

SECTION 3. Subchapter B, Chapter 254, Election Code, is amended by adding Sections 254.0401 and 254.0402 to read as follows:

Sec. 254.0401. AVAILABILITY OF ELECTRONIC REPORTS ON INTERNET. (a) Except as provided by Subsection (b), the commission shall make each report filed with the commission under Section 254.036(b) available to the public on the Internet not later than the second business day after the date the report is filed.

(b) Except as otherwise provided by this subsection, the commission may not make a report filed with the commission under Section 254.036(b) for a reporting deadline by any candidate for a particular office or by a specific-purpose committee for supporting or opposing only one candidate for a particular office available to the public on the Internet until each candidate for that office and each specific-purpose committee for supporting or opposing only one candidate for that office, other than a candidate or committee to which Section 254.036(c) or (d) applies, has filed a report for that reporting deadline. Regardless of whether each candidate for a particular office and each specific-purpose committee for supporting or opposing only

one candidate for that office has filed a report for a filing deadline, the commission shall make each report in connection with that office available on the Internet and by any other electronic means on:

(1) the 21st day after the date of the filing deadline, for a report other than a report required to be filed under Section 254.064(c); or

(2) the fourth day after the date of the filing deadline, for a report required to be filed under Section 254.064(c).

(c) Subsection (b) does not apply to a report filed under Section 254.038.

(d) The access allowed by this section to reports is in addition to the public's access to the information through other electronic or print distribution of the information.

(e) Before making a report filed under Section 254.036(b) available on the Internet, the commission shall remove each portion, other than city, state, and zip code, of the address of a person listed as having made a political contribution to the person filing the report. The address information removed must remain available on the report maintained in the commission's office but may not be available electronically at that office.

Sec. 254.0402. PUBLIC INSPECTION OF REPORTS. (a) Notwithstanding Section 552.222(a), Government Code, the authority with whom a report is filed under this chapter may not require a person examining the report to provide any information or identification.

(b) The commission shall make information from reports filed with the commission under Section 254.036(b) available by electronic means, including:

(1) providing access to computer terminals at the commission's office;

(2) providing information on computer diskette for purchase at a reasonable cost; and

(3) providing modem or other electronic access to the information.

SECTION 4. Section 254.041(a), Election Code, is amended to read as follows:

(a) A person who is required by this chapter to file a report commits an offense if the person knowingly fails:

(1) to file the report on time; [or ]

(2) to file a report by computer diskette, modem, or other means of electronic transfer, if the person is required to file reports that comply with Section 254.036(b); or

(3) to include in the report information that is required by this title to be included.

SECTION 5. This Act takes effect September 1, 1999.

SECTION 6. (a) Section 254.036, Election Code, as amended by this Act, applies only to a report required to be filed under Chapter 254, Election Code, on or after January 1, 2000. A report required to be filed under Chapter 254, Election Code, before January 1, 2000, may be filed in compliance with Section 254.036, Election Code, as that section existed before amendment by this Act, and the former law is continued in effect for that purpose.

(b) Notwithstanding Section 254.036, Election Code, as amended by this Act, a person required to file a report under Chapter 254, Election Code, that

complies with Section 254.036(b), Election Code, as amended by this Act, and that is required to be filed on or after January 1, 2000, and before July 1, 2000, may file a report that complies with Section 254.036(a), Election Code, as amended by this Act, unless, not later than January 1, 2000:

(1) the Texas Ethics Commission has developed, purchased, or obtained a license to use computer software that complies with Section 254.0361, Election Code, as added by this Act, and that permits a person to electronically file a report under Chapter 254, Election Code, as required by Section 254.036, Election Code, as amended by this Act, by using a publicly accessible computer terminal, as defined by Section 254.0362, Election Code, as added by this Act; and

(2) the commission has determined that the computer software has been sufficiently tested and demonstrated to be reliable when used with a publicly accessible computer terminal.

(c) Notwithstanding Section 254.036, Election Code, as amended by this Act, a person required to file a report under Chapter 254, Election Code, that complies with Section 254.036(b), Election Code, as amended by this Act, and that is required to be filed on or after July 1, 2000, and before January 1, 2001, may file reports that comply with Section 254.036(a), Election Code, as amended by this Act, unless, not later than July 1, 2000:

(1) the Texas Ethics Commission has developed, purchased, or obtained a license to use computer software that complies with Section 254.0361, Election Code, as added by this Act, and that permits a person to electronically file a report under Chapter 254, Election Code, as required by Section 254.036, Election Code, as amended by this Act, by using a publicly accessible computer terminal, as defined by Section 254.0362, Election Code, as added by this Act; and

(2) the commission has determined that the computer software has been sufficiently tested and demonstrated to be reliable when used with a publicly accessible computer terminal.

(d) If, under Subsection (b) or (c) of this section, a person is not required to file a report that complies with Section 254.036(b), Election Code, as amended by this Act, the person shall either file a report that complies with Section 254.036(a), Election Code, or Section 254.036(b), Election Code, as amended by this Act.

SECTION 7. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.

Representative Greenberg moved to adopt the conference committee report on HB 2611.

The motion prevailed without objection.

HB 3693 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Hunter submitted the following conference committee report on HB 3693:

Austin, Texas, May 28, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 3693 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Fraser Hunter

Carona Naishtat

Gallegos J. Davis

Jackson Chavez

Shapiro Van de Putte

On the part of the Senate On the part of the House

HB 3693, A bill to be entitled An Act relating to certification under the state Medicaid program of nursing home beds in certain nursing facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 32.0213, Human Resources Code, is amended by adding Subsection (c) to read as follows:

(c) The department may exempt a nursing facility from the procedures established under this section if the facility:

(1) is affiliated with a state-supported medical school;

(2) is located on land owned or controlled by the state-supported medical school; and

(3) serves as a teaching facility for physicians and related health care professionals.

SECTION 2. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

Representative Hunter moved to adopt the conference committee report on HB 3693.

A record vote was requested.

The motion prevailed by (Record 516): 143 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Gray;

Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Jones, C.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Crownover; Jones, D.

Absent, Excused, Committee Meeting - Dunnam; Dutton; Sadler.

Absent - Janek.

(Dunnam now present)

HR 1315 - NOTICE OF INTRODUCTION

Pursuant to the provisions of Rule 13, Section 9(f), of the House Rules, the speaker announced the introduction of HR 1315, suspending the limitations on the conferees for HB 3328.

HB 819 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Naishtat submitted the following conference committee report on HB 819:

Austin, Texas, May 27, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 819 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Moncrief Naishtat

Ellis E. Reyna

Harris A. Reyna

Nelson Morrison

Wentworth Goodman

On the part of the Senate On the part of the House

HB 819, A bill to be entitled An Act relating to an objection to the mediation of certain proceedings on the basis of family violence.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 6.602, Family Code, is amended by adding Subsection (d) to read as follows:

(d) A party may at any time prior to the final mediation order file a written objection to the referral of a suit for dissolution of a marriage to mediation on the basis of family violence having been committed against the objecting party by the other party. After an objection is filed, the suit may not be referred to mediation unless, on the request of the other party, a hearing is held and the court finds that a preponderance of the evidence does not support the objection. If the suit is referred to mediation, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. The order shall provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during mediation.

SECTION 2. Section 153.0071, Family Code, is amended by adding Subsection (f) to read as follows:

(f) A party may at any time prior to the final mediation order file a written objection to the referral of a suit affecting the parent-child relationship to mediation on the basis of family violence having been committed by another party against the objecting party or a child who is the subject of the suit. After an objection is filed, the suit may not be referred to mediation unless, on the request of a party, a hearing is held and the court finds that a preponderance of the evidence does not support the objection. If the suit is referred to mediation, the court shall order appropriate measures be taken to ensure the physical and emotional safety of the party who filed the objection. The order shall provide that the parties not be required to have face-to-face contact and that the parties be placed in separate rooms during mediation. This subsection does not apply to suits filed under Chapter 262.

SECTION 3. This Act takes effect September 1, 1999, and applies to a pending suit affecting the parent-child relationship or a pending suit for dissolution of a marriage without regard to whether the suit was commenced before, on, or after the effective date of this Act.

SECTION 4. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.

Representative Naishtat moved to adopt the conference committee report on HB 819.

The motion prevailed without objection.

HB 3778 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Luna submitted the following conference committee report on HB 3778:

Austin, Texas, May 27, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 3778 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Gallegos Luna

Carona Olivo

Ogden McCall

Whitmire Noriega

Wentworth Gallego

On the part of the Senate On the part of the House

HB 3778, A bill to be entitled An Act relating to coordination by the Department of Protective and Regulatory Services of investigation of reports of child abuse or neglect.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 261, Family Code, is amended by adding Section 261.3125 to read as follows:

Sec. 261.3125. INVESTIGATIONS COORDINATOR. (a) The department shall employ in each region of the department for child protective services at least one child protective services investigations coordinator. The job responsibilities of the investigations coordinator must focus only on child abuse and neglect investigation issues, including reports of child abuse required by Section 261.101, to achieve a greater compliance with that section, and on assessing and improving the effectiveness of the department in providing for the protection of children in the region.

(b) The duties of a child protective services investigations coordinator must include the duty to:

(1) conduct staff reviews and evaluations of cases determined to involve a high risk to the health or safety of a child, including cases of abuse reported under Section 261.101;

(2) monitor cases in which there have been multiple referrals to the department of child abuse or neglect involving the same family, child, or person alleged to have committed the abuse or neglect; and

(3) approve decisions and assessments related to investigations of cases of child abuse or neglect that involve a high risk to the health or safety of a child.

SECTION 2. This Act takes effect September 1, 1999.

SECTION 3. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.

Representative Luna moved to adopt the conference committee report on HB 3778.

The motion prevailed without objection.

SB 46 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Hinojosa submitted the conference committee report on SB 46.

Representative Hinojosa moved to adopt the conference committee report on SB 46.

The motion prevailed without objection.

HB 2224 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Solomons submitted the following conference committee report on HB 2224:

Austin, Texas, May 28, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 2224 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Shapiro Solomons

Brown Brimer

Harris Ritter

Nixon George

Madla Dukes

On the part of the Senate On the part of the House

HB 2224, A bill to be entitled An Act relating to requiring disclosure notices for the sale of real property governed by a property owners' association and requiring the filing of dedicatory instruments governing property owners' associations.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 5, Property Code, is amended by adding Section 5.012 to read as follows:

Sec. 5.012. NOTICE OF OBLIGATIONS RELATED TO MEMBERSHIP IN PROPERTY OWNERS' ASSOCIATION. (a) A seller of residential real property that is subject to membership in a property owners' association and that comprises not more than one dwelling unit located in this state shall give to the purchaser of the property a written notice that reads substantially similar to the following:

NOTICE OF MEMBERSHIP IN PROPERTY OWNERS' ASSOCIATION

CONCERNING THE PROPERTY AT (street address)

(name of residential community)

As a purchaser of property in the residential community in which this property is located, you are obligated to be a member of a property owners' association. Restrictive covenants governing the use and occupancy of the

property and a dedicatory instrument governing the establishment, maintenance, and operation of this residential community have been or will be recorded in the Real Property Records of the county in which the property is located. Copies of the restrictive covenants and dedicatory instrument may be obtained from the county clerk.

You are obligated to pay assessments to the property owners' association. The amount of the assessments is subject to change. Your failure to pay the assessments could result in a lien on and the foreclosure of your property.

Date:__________ _____________________________________________

Signature of Purchaser

(b) The seller shall deliver the notice to the purchaser before the date the executory contract binds the purchaser to purchase the property. The notice may be given separately, as part of the contract during negotiations, or as part of any other notice the seller delivers to the purchaser. If the notice is included as part of the executory contract or another notice, the title of the notice prescribed by this section, the references to the street address and date in the notice, and the purchaser's signature on the notice may be omitted.

(c) This section does not apply to a transfer:

(1) under a court order or foreclosure sale;

(2) by a trustee in bankruptcy;

(3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest;

(4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure;

(5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust;

(6) from one co-owner to another co-owner of an undivided interest in the real property;

(7) to a spouse or a person in the lineal line of consanguinity of the seller;

(8) to or from a governmental entity;

(9) of only a mineral interest, leasehold interest, or security interest; or

(10) of a real property interest in a condominium.

(d) If an executory contract is entered into without the seller providing the notice required by this section, the purchaser may terminate the contract for any reason within the earlier of:

(1) seven days after the date the purchaser receives the notice; or

(2) the date the transfer occurs as provided by the executory contract.

(e) The purchaser's right to terminate the executory contract under Subsection (d) is the purchaser's exclusive remedy for the seller's failure to provide the notice required by this section.

SECTION 2. Chapter 202, Property Code, is amended by adding Section 202.006 to read as follows:

Sec. 202.006. PUBLIC RECORDS. A property owners' association shall file the dedicatory instrument in the real property records of each county in which the property to which the dedicatory instrument relates is located.

SECTION 3. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 1999.

(b) Section 5.012, Property Code, as added by this Act, takes effect January 1, 2000, and applies only to an executory contract that is binding on a seller and purchaser on or after January 1, 2000.

SECTION 4. Not later than January 1, 2000, each property owners' association shall present for recording with the county clerk as prescribed by Section 202.006, Property Code, as added by this Act, each dedicatory instrument governing the association that has not been previously recorded in the real property records of the county.

SECTION 5. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.

Representative Solomons moved to adopt the conference committee report on HB 2224.

The motion prevailed without objection.

HR 1310 - ADOPTED

(by Van de Putte)

Representative Van de Putte moved to suspend all necessary rules to take up and consider at this time HR 1310.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 1310, Congratulating the San Antonio Spurs on their achievements during the 1999 season.

HR 1310 was adopted without objection.

HB 597 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Flores submitted the following conference committee report on HB 597:

Austin, Texas, May 27, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 597 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Lucio Flores

Armbrister Hinojosa

Brown McReynolds

Haywood Cook

Shapleigh Chisum

On the part of the Senate On the part of the House

HB 597, A bill to be entitled An Act relating to preference to Texas and United States products in purchasing by school districts.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 44, Education Code, is amended by adding Section 44.042 to read as follows:

Sec. 44.042. PREFERENCE TO TEXAS AND UNITED STATES PRODUCTS. (a) A school district that purchases agricultural products shall give preference to those produced, processed, or grown in this state if the cost to the school district is equal and the quality is equal.

(b) If agricultural products produced, processed, or grown in this state are not equal in cost and quality to other products, the school district shall give preference to agricultural products produced, processed, or grown in other states of the United States over foreign products if the cost to the school district is equal and the quality is equal.

(c) A school district that purchases vegetation for landscaping purposes, including plants, shall give preference to Texas vegetation if the cost to the school district is equal and the quality is not inferior.

(d) The agency shall conduct an analysis of purchases by school districts to determine the effectiveness of this section and shall report the results of its analysis to the governor, lieutenant governor, and speaker of the house of representatives not later than December 31 of each even-numbered year.

(e) In the implementation of this section, a school district may receive assistance from and use the resources of the Texas Department of Agriculture, including information on availability of agricultural products.

(f) A school district may not adopt product purchasing specifications that unnecessarily exclude agricultural products produced, processed, or grown in this state.

(g) In this section:

(1) "Agricultural products" includes textiles and other similar products.

(2) "Processed" means canning, freezing, drying, juicing, preserving, or any other act that changes the form of a good from its natural state to another form.

SECTION 2. The Texas Education Agency shall conduct an analysis of purchases by school districts to determine the effectiveness of Section 44.042, Education Code, as added by this Act, and shall report the results of its analysis to the governor, lieutenant governor, and speaker of the house of representatives not later than January 1, 2001.

SECTION 3. This Act takes effect September 1, 1999.

SECTION 4. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.

Representative Flores moved to adopt the conference committee report on HB 597.

The motion prevailed without objection.

HR 1317 - NOTICE OF INTRODUCTION

Pursuant to the provisions of Rule 13, Section 9(f), of the House Rules, the speaker announced the introduction of HR 1317, suspending the limitations on the conferees for HB 2954.

HB 1291 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Brimer submitted the following conference committee report on HB 1291:

Austin, Texas, May 28, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 1291 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Harris Brimer

Lucio Walker

Ellis Crabb

Mowery

F. Brown

On the part of the Senate On the part of the House

HB 1291, A bill to be entitled An Act relating to the single certification of a water or sewer utility in an area incorporated or annexed by a municipality.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 13.255(j), Water Code, is amended to read as follows:

(j) This section shall apply only in a case where:

(1) the retail public utility that is authorized to serve in the certificated area that is annexed or incorporated by the municipality is a nonprofit water supply or sewer service corporation, [or ] a special utility district under Chapter 65, Water Code, or a fresh water supply district under Chapter 53, Water Code; or

(2) the retail public utility that is authorized to serve in the certificated area that is annexed or incorporated by the municipality is a retail public utility, other than a nonprofit water supply or sewer service corporation, and whose service area is located entirely within the boundaries of a municipality with a population of 1.7 million or more according to the most recent federal census.

SECTION 2. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is

hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

Representative Brimer moved to adopt the conference committee report on HB 1291.

The motion prevailed without objection.

(Brimer in the chair)

HB 2130 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Carter submitted the following conference committee report on HB 2130:

Austin, Texas, May 27, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 2130 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Nixon Carter

Ellis Clark

Sibley Hinojosa

West P. King

Ramsay

On the part of the Senate On the part of the House

HB 2130, A bill to be entitled An Act relating to disposition of out-of-county crimes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 4.12, Code of Criminal Procedure, is amended to read as follows:

Art. 4.12. MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT TO BE TRIED IN JUSTICE COURT. (a) A misdemeanor case to be tried in justice court shall be tried in the precinct in which the offense was committed, or in which the defendant or any of the defendants reside, or, with the written consent of the State and each defendant or his attorney, in any other precinct within the county; provided that in any misdemeanor case in which the offense was committed in a precinct where there is no qualified justice precinct court, then trial shall be had in the next adjacent precinct in the same county which may have a duly qualified justice precinct court, or in the precinct in which the defendant may reside.

(b) In [; provided that in ] any such misdemeanor case, when [upon disqualification ] for any reason [of ] all justices of the peace in the precinct where the offense was committed are disqualified, such case may be tried in the next adjoining precinct in the same county, having a duly qualified justice of the peace.

(c) A defendant who is taken before a magistrate in accordance with Article 15.18 may waive trial by jury and enter a plea of guilty or nolo contendere. The magistrate taking the plea may set a fine, give credit for time served, determine indigency, and discharge the defendant, as the case may be.

SECTION 2. Article 15.18, Code of Criminal Procedure, is amended to read as follows:

Art. 15.18. ARREST FOR OUT-OF-COUNTY OFFENSE. A person [One ] arrested under a warrant issued in a county other than the one in which the person is arrested shall be taken before a magistrate of the county where the arrest takes place who shall:

(1) take bail, if allowed by law, and immediately transmit the bond taken to the court having jurisdiction of the offense; or

(2) in the case of a person arrested under warrant for an offense punishable by fine only, accept a plea of guilty or nolo contendere, set a fine, give credit for time served, or determine indigency, as the case may indicate.

SECTION 3. Article 103.004, Code of Criminal Procedure, is amended by adding Subsection (c) to read as follows:

(c) On receipt of money representing a fine collected from a defendant who was taken before a magistrate in accordance with Article 15.18, the clerk of the court shall pay 75 percent of the money received to the court that issued the arrest warrant.

SECTION 4. This Act takes effect September 1, 1999.

SECTION 5. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.

Representative Carter moved to adopt the conference committee report on HB 2130.

The motion prevailed without objection.

HB 3757 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative S. Turner submitted the following conference committee report on HB 3757:

Austin, Texas, May 27, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 3757 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Carona Giddings

Bernsen Burnam

Nixon J. Jones

Shapiro G. Lewis

Shapleigh Olivo

On the part of the Senate On the part of the House

HB 3757, A bill to be entitled An Act relating to approved drug and alcohol driving awareness programs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 3, Texas Driver and Traffic Safety Education Act (Article 4413(29c), Vernon's Texas Civil Statutes), is amended by adding Subdivision (23) to read as follows:

(23) "Drug and alcohol driving awareness program" means a course with particular emphasis on curricula designed to prevent or deter misuse and abuse of controlled substances.

SECTION 2. The Texas Driver and Traffic Safety Education Act (Article 4413(29c), Vernon's Texas Civil Statutes) is amended by adding Section 4A to read as follows:

Sec. 4A. DRUG AND ALCOHOL DRIVING AWARENESS PROGRAMS. (a) The agency shall develop standards for a separate school certification and approve educational curricula under this Act for drug and alcohol driving awareness programs. The programs may include one or more courses. Except as provided by rules adopted by the agency, the programs must be offered in the same manner as driving safety courses offered in compliance with this Act.

(b) The agency and the Texas Commission on Alcohol and Drug Abuse shall enter into a memorandum of understanding for the interagency approval of the educational curricula required by Subsection (a) of this section, in accordance with Section 461.013(b), Health and Safety Code.

(c) The standards adopted by the agency for drug and alcohol driving awareness programs may require the course provider to evaluate procedures, projects, techniques, and controls conducted as part of the educational programs.

(d) The board may establish fees in connection with drug and alcohol driving awareness programs in lieu of the fees established under Section 13 of this Act. The fees established under this subsection shall be in amounts reasonable and necessary to implement and administer this Act in connection with drug and alcohol driving awareness programs.

SECTION 3. Subchapter A, Chapter 5, Insurance Code, is amended by adding Article 5.03-4 to read as follows:

Art. 5.03-4. DISCOUNTS FOR DRUG AND ALCOHOL DRIVING AWARENESS PROGRAMS. (a) The commissioner shall by rule require a five percent premium discount applicable to a personal motor vehicle insurance policy for completion of a drug and alcohol driving awareness program that has been approved by the Texas Education Agency under the Texas Driver and Traffic Safety Education Act (Article 4413(29c), Vernon's Texas Civil Statutes).

(b) The discount required under this article does not apply to a personal motor vehicle insurance policy if any person covered under the policy has,

within the seven years preceding the date on which the person was enrolled in the drug and alcohol driving awareness program, been convicted of:

(1) an offense related to operation of a motor vehicle under Chapter 49, Penal Code;

(2) an offense under Section 106.02, 106.025, 106.04, 106.041, or 106.05, Alcoholic Beverage Code, that has not been expunged under Section 106.12, Alcoholic Beverage Code; or

(3) an offense under a statute of another state that is similar to a statute described by Subdivision (1) or (2) of this subsection.

(c) A person who completes a drug and alcohol driving awareness program but who is ineligible for the discount under Subsection (b) of this article becomes eligible for the discount on the seventh anniversary of the date of the conviction, without regard to when the individual completed the program.

(d) The standards for drug and alcohol driving awareness programs adopted under the Texas Driver and Traffic Safety Education Act (Article 4413(29c), Vernon's Texas Civil Statutes) are the minimum standards for certified programs designed to educate persons on the dangers of alcohol, drugs, and driving. A person is not eligible for, and an insurer may not offer, a premium discount applicable to a personal motor vehicle insurance policy for completion of a drug and alcohol driving awareness program that does not use the applicable uniform curriculum developed under the Texas Driver and Traffic Safety Education Act (Article 4413(29c), Vernon's Texas Civil Statutes).

SECTION 4. This Act takes effect September 1, 1999.

SECTION 5. This Act applies only to a personal motor vehicle liability insurance policy delivered, issued for delivery, or renewed on or after January 1, 2000. A personal motor vehicle liability insurance policy that is delivered, issued for delivery, or renewed before January 1, 2000, is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 6. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.

Representative S. Turner moved to adopt the conference committee report on HB 3757.

The motion prevailed without objection.

SB 1237 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Van de Putte submitted the conference committee report on SB 1237.

Representative Van de Putte moved to adopt the conference committee report on SB 1237.

The motion prevailed without objection.

BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER

Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, Senate List No. 35).

(Dutton now present)

HCR 312 - ADOPTED

(by Longoria)

Representative Longoria moved to suspend all necessary rules to take up and consider at this time HCR 312.

The motion prevailed without objection.

The following resolution was laid before the house:

HCR 312, Honoring Paul Koeltzow for his contributions to public education.

HCR 312 was adopted without objection.

MESSAGE FROM THE SENATE

A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 2).

HB 1984 - HOUSE DISCHARGES CONFEREES

HOUSE CONCURS IN SENATE AMENDMENTS

TEXT OF SENATE AMENDMENTS

Representative Bosse called up with senate amendments for consideration at this time,

HB 1984, A bill to be entitled An Act relating to the consolidation of emergency communication districts.

Representative Bosse moved to discharge the conferees and concur in the senate amendments to HB 1984.

The motion prevailed without objection.

Senate Amendment No. 1

Amend HB 1984 by adding the following section, appropriately numbered, to read as follows:

SECTION ____. Sections 772.309(b), (c), and (d), Health and Safety Code, are amended to read as follows:

(b) The board shall submit a draft of the proposed budget to the governing bodies of the participating jurisdictions not later than the 45th day before the date the board adopts the budget. The participating jurisdictions shall review the proposed budget and submit any comments regarding the budget to the board.

(c) If the governing body of a county, municipality, or other participating jurisdiction does not approve or disapprove the budget before the 61st day after the date the body received the proposed budget for review, the budget is approved by operation of law.

(d) A revision of the budget must be approved in the same manner as the budget.

(e) [(c) ] As soon as practicable after the end of each district fiscal year, the director shall prepare and present to the board and to each participating jurisdiction in writing a sworn statement of all money received by the district and how the money was used during the preceding fiscal year. The report must show in detail the operations of the district for the fiscal year covered by the report.

(f) [(d) ] The board shall have an independent financial audit of the district performed annually.

HR 1316 - NOTICE OF INTRODUCTION

Pursuant to the provisions of Rule 13, Section 9(f), of the House Rules, the chair announced the introduction of HR 1316, suspending the limitations on the conferees for SB 558.

SB 705 - REQUEST OF SENATE GRANTED

CONFERENCE COMMITTEE APPOINTED

On motion of Representative Swinford, the house granted the request of the senate for the appointment of a conference committee on SB 705.

The chair announced the appointment of the following conference committee, on the part of the house, on SB 705: Swinford, chair, B. Turner, McReynolds, Telford, and Wohlgemuth.

HCR 313 - ADOPTED

(by Garcia)

The following privileged resolution was laid before the house:

HCR 313

WHEREAS, HB 2022 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and

WHEREAS, The bill contains a technical error that should be corrected; now, therefore, be it

RESOLVED by the 76th Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to correct HB 2022 by striking SECTION 2 of the bill and substituting the following:

SECTION 2. As soon as possible after the effective date of this Act, the governor shall designate a small business advocate as required by Section 481.0068, Government Code, as amended by this Act.

HCR 313 was adopted without objection.

(Speaker in the chair)

COMMITTEE GRANTED PERMISSION TO MEET

Representative Carter requested permission for the Committee on Urban Affairs to meet while the house is in session.

Permission to meet was granted without objection.

COMMITTEE MEETING ANNOUNCEMENT

The following committee meeting was announced:

Urban Affairs, 3:30 p.m. today, speakers committee room, for a formal meeting, to consider HR 1048.

LEAVE OF ABSENCE GRANTED

The following member was granted leave of absence temporarily for today to attend a conference committee meeting:

Gray on motion of Ramsay.

HB 1799 - RECOMMITTED

Representative P. King moved to recommit HB 1799 to the conference committee.

The motion prevailed without objection.

HB 1939 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Grusendorf submitted the following conference committee report on HB 1939:

Austin, Texas, May 28, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 1939 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Harris Grusendorf

Jackson Goodman

Shapiro Hinojosa

Smith

On the part of the Senate On the part of the House

HB 1939, A bill to be entitled An Act relating to requirements and procedures concerning driver's licenses or personal identification certificates for persons subject to sex offender registration.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 42, Code of Criminal Procedure, is amended by adding Article 42.016 to read as follows:

Art. 42.016. SPECIAL DRIVER'S LICENSE OR IDENTIFICATION REQUIREMENTS FOR CERTAIN SEX OFFENDERS. If a person is convicted of, receives a grant of deferred adjudication for, or is adjudicated as having engaged in delinquent conduct based on a violation of an offense for which a conviction or adjudication requires registration as a sex offender under Chapter 62, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, the court shall:

(1) issue an order requiring the Texas Department of Public Safety to include in any driver's license record or personal identification certificate record maintained by the department for the person an indication that the person is subject to the registration requirements of Chapter 62, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997;

(2) require the person to apply to the Texas Department of Public Safety in person for an original or renewal driver's license or personal identification certificate not later than the 30th day after the date the person is released or the date the department sends written notice to the person of the requirements of Article 62.065, as applicable, and to annually renew the license or certificate;

(3) notify the person of the consequence of the conviction or order of deferred adjudication as it relates to the order issued under this article; and

(4) send to the Texas Department of Public Safety a copy of the record of conviction, a copy of the order granting deferred adjudication, or a copy of the juvenile adjudication, as applicable, and a copy of the order issued under this article.

SECTION 2. Article 62.03(a), Code of Criminal Procedure, is amended to read as follows:

(a) Before a person who will be subject to registration under this chapter is due to be released from a penal institution, an official of the penal institution shall:

(1) inform the person that:

(A) not later than the seventh day after the date on which the person is released or the date on which the person moves from a previous residence to a new residence in this state, the person must:

(i) register or verify registration with the local law enforcement authority in the municipality or county in which the person intends to reside; or

(ii) if the person has not moved to an intended residence, report to the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising the person;

(B) not later than the seventh day before the date on which the person moves to a new residence in this state or another state, the person must report in person to the local law enforcement authority with whom the person last registered and to the juvenile probation officer, community supervision and corrections department officer, or parole officer supervising the person; [and ]

(C) not later than the 10th day after the date on which the person arrives in another state in which the person intends to reside, the person must register with the law enforcement agency that is identified by the department as the agency designated by that state to receive registration information, if the other state has a registration requirement for sex offenders; and

(D) not later than the 30th day after the date on which the person is released, the person must apply to the department in person for the issuance of an original or renewal driver's license or personal identification certificate and a failure to apply to the department as required by this

paragraph results in the automatic revocation of any driver's license or personal identification certificate issued by the department to the person;

(2) require the person to sign a written statement that the person was informed of the person's duties as described by Subdivision (1) or, if the person refuses to sign the statement, certify that the person was so informed;

(3) obtain the address where the person expects to reside on the person's release and other registration information, including a photograph and complete set of fingerprints; and

(4) complete the registration form for the person.

SECTION 3. Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, is amended by adding Articles 62.065 and 62.085 to read as follows:

Art. 62.065. REQUIREMENTS RELATING TO DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CERTIFICATE. (a) A person subject to registration under this chapter shall apply to the department in person for the issuance of an original or renewal driver's license under Section 521.272, Transportation Code, or for a personal identification certificate under Section 521.103, Transportation Code, not later than the 30th day after the date:

(1) the person is released from a penal institution or is released by a court on juvenile probation or community supervision; or

(2) the department sends written notice to the person of the requirements of this article.

(b) The person shall annually renew in person each driver's license or personal identification certificate issued by the department to the person, including each renewal, duplicate, or corrected license or certificate, until the person's duty to register under this chapter expires.

(c) The department shall determine from its records which persons required to register under this chapter are under the supervision and control of a juvenile probation office or an agency or entity operating under contract with a juvenile probation office, a community supervision and corrections department, or the pardons and paroles division of the Texas Department of Criminal Justice and shall provide written notice of the requirements of this article to each of those persons by not later than October 30, 2000. This subsection expires January 1, 2001.

Art. 62.085. INFORMATION PROVIDED TO PEACE OFFICER. The department shall establish a procedure by which a peace officer or employee of a law enforcement agency who provides the department with a driver's license, personal identification certificate, or license plate number is automatically provided information as to whether the person to whom the driver's license or personal identification certificate is issued is required to register under this chapter or whether the license plate number is entered in the computerized central database under Article 62.08 as assigned to a vehicle owned or driven by a person required to register under this chapter.

SECTION 4. Subchapter C, Chapter 521, Transportation Code, is amended by adding Section 521.057 to read as follows:

Sec. 521.057. INFORMATION REGARDING CERTAIN SEX OFFENDERS. (a) On receipt of a court order issued under Article 42.016, Code of Criminal Procedure, the department shall ensure that any driver's

license record or personal identification certificate record maintained by the department for the person includes an indication that the person is subject to the registration requirements of Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997.

(b) The department shall include the indication required by Subsection (a) in any driver's license record or personal identification certificate record maintained by the department for the person until the expiration of the person's duty to register under Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997.

SECTION 5. Section 521.101, Transportation Code, is amended by adding Subsections (h) and (i) to read as follows:

(h) The department shall automatically revoke each personal identification certificate issued by the department to a person who:

(1) is subject to the registration requirements of Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997; and

(2) fails to apply to the department for renewal of the personal identification certificate as required by Article 62.065, Code of Criminal Procedure.

(i) The department may issue a personal identification certificate to a person whose certificate is revoked under Subsection (h) only if the person applies for an original or renewal certificate under Section 521.103.

SECTION 6. Subchapter E, Chapter 521, Transportation Code, is amended by adding Section 521.103 to read as follows:

Sec. 521.103. EXPIRATION AND RENEWAL REQUIREMENTS FOR CERTAIN SEX OFFENDERS. (a) The department may issue an original or renewal personal identification certificate to a person whose driver's license or personal identification certificate record indicates that the person is subject to the registration requirements of Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, only if the person:

(1) applies in person for the issuance of a certificate under this section; and

(2) pays a fee of $20.

(b) A personal identification certificate issued under this section, including a renewal, duplicate, or corrected certificate, expires on the first birthday of the certificate holder occurring after the date of application, except that the initial certificate issued under this section expires on the second birthday of the certificate holder occurring after the date of application.

SECTION 7. Subchapter M, Chapter 521, Transportation Code, is amended by adding Section 521.272 to read as follows:

Sec. 521.272. RENEWAL OF LICENSE ISSUED TO CERTAIN SEX OFFENDERS. (a) The department may issue an original or renewal driver's license to a person whose driver's license or personal identification certificate record indicates that the person is subject to the registration requirements of Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, only if the person:

(1) applies in person for the issuance of a license under this section; and

(2) pays a fee of $20.

(b) Notwithstanding Section 521.143, a person is not required to provide proof of financial responsibility to receive the person's initial driver's license under this section.

(c) Notwithstanding Section 521.271, a driver's license issued under this section, including a renewal, duplicate, or corrected license, expires on the first birthday of the license holder occurring after the date of application, except that the initial license issued under this section expires on the second birthday of the license holder occurring after the date of application.

SECTION 8. Section 521.274(b), Transportation Code, is amended to read as follows:

(b) A rule adopted under this subsection may not permit renewal by mail of:

(1) a provisional license;

(2) an occupational license; or

(3) a driver's license if the license holder's:

(A) driving record as maintained by the department shows that the holder, within the four years preceding the date of the renewal application, has been convicted of:

(i) [(A) ] a moving violation, as defined by department rule, in this state; or

(ii) [(B) ] an offense described by Subchapter O; or

(B) driver's license record or personal identification certificate record indicates that the holder is subject to the registration requirements of Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997.

SECTION 9. Subchapter O, Chapter 521, Transportation Code, is amended by adding Section 521.348 to read as follows:

Sec. 521.348. AUTOMATIC REVOCATION FOR CERTAIN SEX OFFENDERS. (a) A driver's license is automatically revoked if the holder of the license:

(1) is subject to the registration requirements of Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997; and

(2) fails to apply to the department for renewal of the license as required by Article 62.065, Code of Criminal Procedure.

(b) The department may issue a driver's license to a person whose license is revoked under this section only if the person:

(1) applies for an original or renewal license under Section 521.272; and

(2) is otherwise qualified for the license.

SECTION 10. (a) The change in law made by this Act applies only to a person who, with respect to an offense listed in Article 62.01(5), Code of Criminal Procedure, on or after the effective date of this Act:

(1) is confined in a penal institution, as that term is defined by Article 62.01(3), Code of Criminal Procedure; or

(2) is under the supervision and control of a juvenile probation office or an agency or entity operating under contract with a juvenile probation office, the Texas Youth Commission, a community supervision and corrections department, or the pardons and paroles division of the Texas Department of Criminal Justice.

(b) A person who, on the effective date of this Act, is not described by Subsection (a)(1) or (2) of this section is covered by the law in effect before the effective date of this Act, and the former law is continued in effect for that purpose.

SECTION 11. This Act takes effect September 1, 2000.

SECTION 12. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.

Representative Grusendorf moved to adopt the conference committee report on HB 1939.

The motion prevailed without objection.

HB 2147 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Flores submitted the following conference committee report on HB 2147:

Austin, Texas, May 28, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 2147 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Shapleigh Flores

Bernsen Carter

Duncan Bailey

Ogden Hodge

Zaffirini

On the part of the Senate On the part of the House

HB 2147, A bill to be entitled An Act relating to the identification of real property owned by the state that is suitable for the development of affordable housing.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 31.156, Natural Resources Code, is amended by adding Subsection (e) to read as follows:

(e) The division shall furnish an appraisal to the Texas Department of Housing and Community Affairs of properties that have been identified as unused or substantially underused.

SECTION 2. Section 31.157, Natural Resources Code, is amended by amending Subsection (b) to read as follows:

(b) The draft report shall be submitted to the State Purchasing and General Services Commission which shall further evaluate the potential use of the property by another state agency or department. The draft report shall also be submitted, at the same time as it is furnished to the commission, to each agency that owns or holds in trust property that is the subject of the draft report, and to the Texas Department of Housing and Community Affairs. The commission may comment on any findings or recommendations made by the commissioner and may make additional recommendations regarding the use of the property. The commission shall complete the review of the draft report within 60 days of the receipt of the report and forward the comments to the commissioner. The Texas Department of Housing and Community Affairs may comment on any findings or recommendations made by the commissioner and may make additional recommendations regarding the suitability of the property for affordable housing.

SECTION 3. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

Representative Flores moved to adopt the conference committee report on HB 2147.

The motion prevailed without objection.

HB 2175 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Uher submitted the following conference committee report on HB 2175:

Austin, Texas, May 27, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 2175 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Armbrister Uher

Nixon Pitts

Nelson Walker

Madla Glaze

Whitmire Cuellar

On the part of the Senate On the part of the House

HB 2175, A bill to be entitled An Act relating to the regulation of the practice of chiropractic.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 5, Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), is amended to read as follows:

Sec. 5. The Board shall maintain records regarding each person licensed or registered with the Board. The records must include that name and address of each place of business at which the person engages in the practice of chiropractic [preserve a record of its proceedings in a book kept for that purpose, showing name, age, place, and duration of residence of each applicant, the time spent in the study of chiropractic in respective chiropractic schools, together with such other information as the Board may desire to record. Said register shall also show whether applicants were rejected or licensed and shall be prima-facie evidence of all matters contained therein. The secretary of the Board shall on May 1st of each year transmit an official copy of said register to the Secretary of State for permanent record, a certified copy of which, with hand and seal of the secretary of said Board or the hand of the Secretary of State under the state seal, shall be admitted in evidence in all courts ].

SECTION 2. Section 5a(c), Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), is amended to read as follows:

(c) The Board shall bring an action for injunctive proceedings or other civil proceedings as necessary to enforce this Act. [A person who violates this section commits an offense. An offense under this section is a Class A misdemeanor. If it is shown at a trial of an offense under this section that the defendant has previously been convicted under this section, the offense is a felony of the third degree. Each day of violation constitutes a separate offense. ]

SECTION 3. Section 19, Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), is repealed.

SECTION 4. (a) Except as provided by Subsection (b) of this section, the remedy for an offense or violation under Section 5a(c) or 19, Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), regardless of whether the offense or violation is committed before, on, or after the effective date of this Act, is the remedy provided by Section 5a(c), Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes), as amended by this Act.

(b) This section does not apply to the punishment of a defendant finally convicted before the effective date of this Act. The punishment for a final conviction that exists on the effective date of this Act is unaffected by this Act.

SECTION 5. This Act takes effect September 1, 1999.

SECTION 6. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an

imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.

Representative Uher moved to adopt the conference committee report on HB 2175.

The motion prevailed without objection.

HB 1104 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Dunnam submitted the following conference committee report on HB 1104:

Austin, Texas, May 28, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 1104 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Cain Dunnam

Ogden Lengefeld

West Hochberg

Sibley

Ratliff

On the part of the Senate On the part of the House

HB 1104, A bill to be entitled An Act relating to parental involvement programs in public schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 11.253(d), Education Code, is amended to read as follows:

(d) Each campus improvement plan must:

(1) assess the academic achievement for each student in the school using the academic excellence indicator system as described by Section 39.051;

(2) set the campus performance objectives based on the academic excellence indicator system, including objectives for special needs populations;

(3) identify how the campus goals will be met for each student;

(4) determine the resources needed to implement the plan;

(5) identify staff needed to implement the plan;

(6) set timelines for reaching the goals; [and ]

(7) measure progress toward the performance objectives periodically to ensure that the plan is resulting in academic improvement; and

(8) provide for a program to encourage parental involvement at the campus.

SECTION 2. Section 39.131(b), Education Code, is amended to read as follows:

(b) If a campus performance is below any standard under Section 39.073(b), the campus is considered a low-performing campus and the commissioner may take any of the following actions, listed in order of severity, to the extent the commissioner determines necessary:

(1) issue public notice of the deficiency to the board of trustees;

(2) order a hearing conducted by the board of trustees at the campus for the purpose of notifying the public of the unacceptable performance, the improvements in performance expected by the agency, and the sanctions that may be imposed under this section if the performance does not improve within a designated period of time and of soliciting public comment on the initial steps being taken to improve performance;

(3) order the preparation of a report regarding the parental involvement program at the campus and a plan describing strategies for improving parental involvement at the campus;

(4) order the preparation of a report regarding the effectiveness of the district- and campus-level planning and decision-making committees established under Subchapter F, Chapter 11, and a plan describing strategies for improving the effectiveness of those committees;

(5) order the preparation of a student achievement improvement plan that addresses each academic excellence indicator for which the campus's performance is unacceptable, the submission of the plan to the commissioner for approval, and implementation of the plan;

(6) [(4) ] order a hearing to be held before the commissioner or the commissioner's designee at which the president of the board of trustees, the superintendent, and the campus principal shall appear and explain the campus's low performance, lack of improvement, and plans for improvement;

(7) [(5) ] appoint a special campus intervention team to:

(A) conduct a comprehensive on-site evaluation of each low-performing campus to determine the cause for the campus's low performance and lack of progress;

(B) recommend actions, including reallocation of resources and technical assistance, changes in school procedures or operations, staff development for instructional and administrative staff, intervention for individual administrators or teachers, waivers from state statute or rule, or other actions the team considers appropriate;

(C) assist in the development of a campus plan for student achievement; and

(D) assist the commissioner in monitoring the progress of the campus in implementing the campus plan for improvement of student achievement;

(8) [(6) ] if a campus has been a low-performing campus for a period of one year or more, appoint a board of managers composed of residents of the district to exercise the powers and duties of the board of trustees of the district in relation to the campus; or

(9) [(7) ] if a campus has been a low-performing campus for a period of two years or more, order closure of the school program on the campus.

SECTION 3. This Act applies beginning with the 1999-2000 school year.

SECTION 4. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

Representative Dunnam moved to adopt the conference committee report on HB 1104.

A record vote was requested.

The motion prevailed by (Record 517): 144 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, J.; Junell; Keel; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Crownover; Jones, D.

Absent, Excused, Committee Meeting - Gray; Sadler.

Absent - Keffer.

HB 3079 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Kuempel submitted the following conference committee report on HB 3079:

Austin, Texas, May 27, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 3079 have met

and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Brown Kuempel

Barrientos Elkins

Ratliff Merritt

Lucio Homer

Armbrister Hope

On the part of the Senate On the part of the House

HB 3079, A bill to be entitled An Act relating to the development and financing of a statewide aquatic vegetation management plan.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 11, Parks and Wildlife Code, is amended by adding Subchapter G to read as follows:

SUBCHAPTER G. AQUATIC VEGETATION MANAGEMENT

Sec. 11.081. DEFINITIONS. In this subchapter:

(1) "Governing entity" means the state agency or other political subdivision with jurisdiction over a public body of surface water.

(2) "Integrated pest management" means the coordinated use of pest and environmental information and pest control methods to prevent unacceptable levels of pest damage by the most economical means and in a manner that will cause the least possible hazard to persons, property, and the environment.

(3) "Local plan" means a local aquatic vegetation management plan authorized by Section 11.083.

(4) "Public body of surface water" means any body of surface water that is not used exclusively for an agricultural purpose. The term does not include impounded water on private property.

(5) "State plan" means the state aquatic vegetation management plan authorized by Section 11.082 and developed and implemented under this subchapter.

(6) "Water district" means a conservation and reclamation district or an authority created under authority of Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, Texas Constitution, that has jurisdiction over a public body of surface water. The term does not include a navigation district or a port authority.

Sec. 11.082. STATE AQUATIC VEGETATION MANAGEMENT PLAN. (a) The department shall develop and by rule adopt a state aquatic vegetation management plan following the generally accepted principles of integrated pest management. The state plan shall apply throughout the state unless a governmental entity has adopted an approved local plan.

(b) The department shall develop the state plan in coordination with the Texas Natural Resource Conservation Commission, the Department of Agriculture, water districts and other political subdivisions of the state with jurisdiction over public bodies of surface water, and public drinking water providers.

(c) The state plan must:

(1) establish minimum standards for a governing entity that regulates a public body of surface water;

(2) require that any application of aquatic herbicide complies with label rates approved by the United States Environmental Protection Agency;

(3) ensure that any public drinking water provider that has an intake within two river miles of a site at which an application of aquatic herbicide is proposed to occur receives notice of the proposed application not later than the 14th day before the date the application is to occur;

(4) provide for the coordination, oversight, public notification, and enforcement of all aquatic herbicide use to protect state fish and wildlife resources and habitat and to prevent unreasonable risk from the use of any aquatic herbicide; and

(5) require that the written notice of a proposed application of herbicide include information demonstrating that the proposed application of herbicide under a plan will not result in exceeding:

(A) the maximum contaminant level of the herbicide in finished drinking water as set by the Texas Natural Resource Conservation Commission and the United States Environmental Protection Agency; or

(B) the maximum label rate, if the aquatic herbicide does not have a maximum contaminant level established by the Texas Natural Resource Conservation Commission and the United States Environmental Protection Agency.

Sec. 11.083. LOCAL AQUATIC VEGETATION MANAGEMENT PLAN. (a) A governing entity may develop and adopt a local aquatic vegetation management plan. A local plan must be approved by the department, the Texas Natural Resource Conservation Commission, and the Department of Agriculture.

(b) A local plan may take into account the particular needs and uses of the public bodies of surface water to which it will apply, but the plan may not be approved unless the plan meets the minimum standards set by the state plan. The local plan may allow herbicide use if the person proposing to apply the herbicide notifies the governing entity not later than the 14th day before the proposed date of application.

Sec. 11.084. APPLICATION OF AQUATIC HERBICIDE IN PUBLIC BODY OF SURFACE WATER. (a) No person may apply aquatic herbicide in a public body of surface water unless the herbicide is applied in a manner consistent with the plan adopted by the governing entity.

(b) State money may not be used to pay for treatment of a public body of surface water with a chemical herbicide unless the application of the herbicide is performed by an applicator licensed for aquatic herbicide application by the Department of Agriculture.

(c) An individual who does not hold an applicator's license and who desires to apply an aquatic herbicide on a public body of surface water shall give written notice not later than the 14th day before the date the application of the aquatic herbicide is to occur to the governing entity with jurisdiction over the body of water on which the application of the herbicide is proposed. The governing entity shall respond to the individual's application not later than the day before the date the application of the aquatic herbicide is to occur. The individual may not apply the aquatic herbicide unless the governing entity finds that the application will be consistent with the state or local plan adopted by the entity.

(d) The state plan may provide for use of an aquatic herbicide consistent with the plan if:

(1) the individual who desires to apply the aquatic herbicide gives notice to the appropriate governing entity in the same manner as provided by Subsection (c) for an unlicensed applicator; and

(2) the governing entity does not disapprove the application.

(e) After receiving notice of a proposed application of aquatic herbicide, the governing entity shall:

(1) provide the individual proposing the application with a copy of the state or local plan, as appropriate;

(2) notify the individual in writing that it is a violation of state law to apply aquatic herbicides in that body of water in a manner inconsistent with the plan; and

(3) determine whether the proposed application is consistent with the plan.

(f) The governing entity shall:

(1) prohibit a proposed application of aquatic herbicide if the governing entity finds that the proposed application is inconsistent with the appropriate plan; or

(2) notify the individual proposing the application of the herbicide that the proposed application is not inconsistent with the appropriate plan if the governing entity finds that the proposed application is not inconsistent with the plan.

Sec. 11.085. LIABILITY. (a) The liability under other law of a governing entity that receives notice of a proposed application of aquatic herbicide is not affected by the requirements of this subchapter.

(b) Notice by a governing entity to an individual under Section 11.084(f)(2) does not constitute authorization by that entity for the application of the herbicide.

(c) This subchapter does not relieve an individual who applies aquatic herbicide to a public body of surface water of the obligation to comply with all applicable federal, state, or local laws, rules, ordinances, or orders relating to the application of the herbicide in the body of water.

Sec. 11.086. RECORDS. A governing entity shall maintain for not less than five years all records relating to notifications received under Section 11.084 and any other information relevant to a particular individual request for shoreline treatment.

SECTION 2. Chapter 15, Water Code, is amended by adding Subchapter N to read as follows:

SUBCHAPTER N. AQUATIC VEGETATION MANAGEMENT FUND

Sec. 15.851. DEFINITIONS. In this subchapter:

(1) "Approved local plan" means a local plan authorized by Section 11.083, Parks and Wildlife Code, that has been approved by the Parks and Wildlife Commission, the Texas Natural Resource Conservation Commission, and the Department of Agriculture as required by Section 11.083, Parks and Wildlife Code.

(2) Notwithstanding Section 15.001, "fund" means the aquatic vegetation management fund established under this subchapter.

(3) Notwithstanding Section 15.001, "political subdivision" means a municipality, a county, a water district, or a state agency.

(4) "Water district" means a conservation and reclamation district or an authority created under authority of Section 52(b)(1) or (2), Article III, or Section 59, Article XVI, Texas Constitution, that has jurisdiction over a public body of surface water. The term does not include a navigation district or a port authority.

Sec. 15.852. CREATION OF FUND. (a) The aquatic vegetation management fund is a special account in the water assistance fund.

(b) The fund consists of:

(1) money appropriated to the board for the program established under this subchapter and Subchapter G, Chapter 11, Parks and Wildlife Code;

(2) money transferred by the board from other accounts in the water assistance fund under Section 15.011(b); and

(3) interest earned on the investment of money in the fund.

Sec. 15.853. USE OF FUND. (a) Money in the fund may be used only for the following purposes, in the following order of priority:

(1) grants to the Parks and Wildlife Department:

(A) to develop a state aquatic vegetation management plan in coordination with the Texas Natural Resource Conservation Commission, the Department of Agriculture, water districts and other political subdivisions with jurisdiction over public bodies of surface water, and public drinking water providers, as required by Section 11.082, Parks and Wildlife Code; or

(B) for research, outreach, and educational activities that relate to vegetation control;

(2) grants to political subdivisions to develop local aquatic vegetation management plans that conform to the state aquatic vegetation management plan, as authorized by Section 11.083, Parks and Wildlife Code; and

(3) grants to political subdivisions to manage aquatic vegetation infestations under the state plan or the approved local plan adopted by the political subdivision.

(b) The amount of funding for the purposes authorized by Subsection (a) may not exceed amounts equal to the following percentages of any biennial appropriation to the board for use under this subchapter:

(1) 30 percent, for purposes authorized by Subsection (a)(1); and

(2) 70 percent, for purposes authorized by Subsections (a)(2) and (3), of which not more than 35 percent may be used for purposes authorized by Subsection (a)(3) using chemical treatments.

Sec. 15.854. RULES. The board shall adopt rules necessary to administer this subchapter, including rules establishing procedures for application for and award of grants, distribution of grants, and administration of grants and the grant program established under this subchapter.

SECTION 3. Section 15.002(a), Water Code, is amended to read as follows:

(a) The legislature finds that it is in the public interest and to the benefit of the general public of the state to encourage and to assist in the planning and construction of projects to develop and conserve the storm water and

floodwater as well as the ordinary flows of the rivers and streams of the state, to maintain and enhance the quality of the water of the state, to provide protection to the state's citizens from the floodwater of the rivers and streams of the state, to provide drainage, subsidence control, public beach nourishment, recharge, chloride control, and desalinization, to provide for the management of aquatic vegetation, and other purposes as provided by law or board rule.

SECTION 4. Section 15.011(b), Water Code, is amended to read as follows:

(b) After notice and hearing and subject to any limitations established by the General Appropriations Act, the board may transfer money from the fund to the loan fund created under Subchapter C of this chapter, the storage acquisition fund created under Subchapter E of this chapter, the research and planning fund created under Subchapter F of this chapter, [and ] the hydrographic survey account created under Subchapter M of this chapter, provided the hydrographic survey account transfer does not exceed $425,000, and the aquatic vegetation management fund created under Subchapter N of this chapter.

SECTION 5. Section 15.012(c), Water Code, is amended to read as follows:

(c) Money appropriated to the fund by the legislature for a specific purpose stated in Subchapter C, E, F, [or ] M, or N of this chapter shall be placed in the appropriate fund created by that subchapter.

SECTION 6. (a) Except as provided by Subsections (b) and (c) of this section, this Act takes effect September 1, 1999.

(b) The Parks and Wildlife Commission is required to implement this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the commission may, but is not required to, implement this Act.

(c) Sections 11.083, 11.084, 11.085, and 11.086, Parks and Wildlife Code, as added by this Act, take effect on the date on which the Texas Parks and Wildlife Commission publishes notice in the Texas Register of the final adoption of a state aquatic vegetation management plan under Section 11.082, Parks and Wildlife Code, as added by this Act.

SECTION 7. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.

Representative Kuempel moved to adopt the conference committee report on HB 3079.

The motion prevailed without objection.

HB 3470 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Olivo submitted the following conference committee report on HB 3470:

Austin, Texas, May 28, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 3470 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Zaffirini Olivo

Barrientos Rangel

Carona Naishtat

Gallegos Christian

Bernsen Cuellar

On the part of the Senate On the part of the House

HB 3470, A bill to be entitled An Act relating to the creation of a Parents as Scholars pilot program for certain persons eligible to receive TANF benefits.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 31, Human Resources Code, is amended by adding Section 31.045 to read as follows:

Sec. 31.045. PARENTS AS SCHOLARS PILOT PROGRAM. (a) The department may by rule establish a student financial aid pilot program, entitled the Parents as Scholars pilot program, under which the department, with the cooperation of the Texas Higher Education Coordinating Board, assists certain recipients of financial assistance in obtaining student financial aid available under Subchapter M, Chapter 56, Education Code. If the department establishes the program, the department and the coordinating board must comply with the requirements of this section.

(b) The department by rule shall establish eligibility criteria for the program. The criteria must:

(1) require that a program participant meet:

(A) the eligibility criteria for financial assistance at the time that the person begins participation in the program; and

(B) the eligibility requirements for a TEXAS grant under Subchapter M, Chapter 56, Education Code;

(2) require that the program participant seek an undergraduate degree or certificate that the department, in cooperation with the Texas Higher Education Coordinating Board, considers likely to improve the participant's ability to obtain employment in the participant's local labor market; and

(3) be designed to result in the selection of program participants who:

(A) are currently unable, due to a lack of skills and training, to obtain employment at a compensation level equal to at least 85 percent of the area median income; and

(B) demonstrate the aptitude to successfully complete the requirements for obtaining an undergraduate degree or certificate.

(c) Under the program, the department shall:

(1) advise recipients of financial assistance of:

(A) the availability of financial aid under Subchapter M, Chapter 56, Education Code, and the eligibility requirements for that aid;

(B) the need for recipients who are high school students to make informed curriculum choices to be prepared for success beyond high school;

(C) sources of information on higher education admissions and financial aid; and

(D) eligibility criteria and application procedures for participation in the program; and

(2) assist a recipient chosen to participate in the program in obtaining financial aid available under Subchapter M, Chapter 56, Education Code.

(d) A program participant who obtains financial aid available under Subchapter M, Chapter 56, Education Code, may continue to receive financial aid as provided by that subchapter, regardless of whether the participant ceases to receive financial assistance.

(e) The department may cooperate with the Legislative Oversight Committee under Section 56.311, Education Code, by providing information relating to program participants receiving financial aid under Subchapter M, Chapter 56, Education Code, that is necessary for the committee to perform its duty of monitoring the financial aid programs established under that subchapter.

(f) The department and the Texas Higher Education Coordinating Board shall jointly develop procedures necessary for administration of the program, including procedures for:

(1) determining and monitoring a program participant's initial and continuing eligibility for financial aid under Subchapter M, Chapter 56, Education Code;

(2) providing appropriate information to financial aid officers of institutions of higher education; and

(3) exchanging all necessary information between the department and the coordinating board, including copies of rules adopted by the coordinating board relating to the administration of the financial aid programs under Subchapter M, Chapter 56, Education Code.

(g) Not later than January 15, 2001, the department shall submit to the legislature a report relating to the program established under this section. The report must include:

(1) an evaluation of the program's effectiveness in improving employability of persons eligible for financial assistance; and

(2) recommendations from the department concerning termination, continuation, or expansion of the program.

(h) This section takes effect only if H.B. 713, Acts of the 76th Legislature, Regular Session, 1999, is enacted and becomes law. If this section takes effect, it expires September 1, 2003.

SECTION 2. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is

necessary for implementation, the state agency shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.

SECTION 3. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force according to its terms, and it is so enacted.

Representative Olivo moved to adopt the conference committee report on HB 3470.

A record vote was requested.

The motion prevailed by (Record 518): 136 Yeas, 2 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, J.; Junell; Keel; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Salinas; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Woolley; Yarbrough; Zbranek.

Nays - Heflin; Wohlgemuth.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Crownover; Jones, D.

Absent, Excused, Committee Meeting - Gray; Sadler.

Absent - Corte; Green; Howard; Keffer; King, P.; Seaman; Wolens.

STATEMENTS OF VOTE

I was shown voting yes on Record No. 518. I intended to vote no.

Crabb

When Record No. 518 was taken, I was in the house but away from my desk. I would have voted no.

Howard

When Record No. 518 was taken, I would have voted yes.

P. King

HB 1444 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Delisi submitted the following conference committee report on HB 1444:

Austin, Texas, May 28, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 1444 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Moncrief Delisi

Lindsay Gray

Nelson Coleman

Shapleigh Hilderbran

West Maxey

On the part of the Senate On the part of the House

HB 1444, A bill to be entitled An Act relating to local public health services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 121.002, Health and Safety Code, is amended to read as follows:

Sec. 121.002. DEFINITIONS [DEFINITION ]. In this chapter:

(1) "Essential public health services" means services to:

(A) monitor the health status of individuals in the community to identify community health problems;

(B) diagnose and investigate community health problems and community health hazards;

(C) inform, educate, and empower the community with respect to health issues;

(D) mobilize community partnerships in identifying and solving community health problems;

(E) develop policies and plans that support individual and community efforts to improve health;

(F) enforce laws and rules that protect the public health and ensure safety in accordance with those laws and rules;

(G) link individuals who have a need for community and personal health services to appropriate community and private providers;

(H) ensure a competent workforce for the provision of essential public health services;

(I) research new insights and innovative solutions to community health problems; and

(J) evaluate the effectiveness, accessibility, and quality of personal and population-based health services in a community.

(2) "Physician" [, "physician" ] means a person licensed to practice medicine by the Texas State Board of Medical Examiners.

SECTION 2. Subchapter A, Chapter 121, Health and Safety Code, is amended by adding Sections 121.0065, 121.0066, and 121.0067 to read as follows:

Sec. 121.0065. GRANTS FOR ESSENTIAL PUBLIC HEALTH SERVICES. (a) Subject to the availability of funds, the department shall administer a program under which appropriated money may be granted to counties, municipalities, public health districts, and other political subdivisions for use by the counties, municipalities, public health districts, and other political subdivisions to provide or pay for essential public health services.

(b) The grants authorized by Subsection (a) shall be distributed equally between urban and rural areas of the state.

(c) The board shall adopt rules governing:

(1) the allocation formula for grants awarded under this section;

(2) the manner in which a municipality, county, public health district, or other political subdivision applies for a grant;

(3) the procedures for awarding grants; and

(4) the minimum essential public health services to be provided under the grant and other standards applicable to the services to be provided under the grant.

(d) A municipality, county, public health district, or other political subdivision that receives a grant under this section, in consultation with the department, shall develop a plan to evaluate the effectiveness, accessibility, and quality of the essential public health services that are provided under the grant. The plan must:

(1) identify the outcomes that are intended to result from the use of the grant money and establish a mechanism to measure those outcomes; and

(2) establish performance standards for the delivery of essential public health services and a mechanism to measure compliance with those standards.

(e) The governing body of the municipality, the commissioners court of the county, or the members of a public health district may appoint a local health board to monitor the use of the money received under this section.

(f) A public health board established under Section 121.034 or 121.046 may serve as the local health board authorized under Subsection (e).

(g) The governing body of the municipality or the commissioners court of a county may serve as the local health board authorized under Subsection (e). If the governing body of the municipality or the commissioners court of the county elects to serve as the local health board, the governing body or commissioners court may appoint an advisory committee to advise the governing body or commissioners court with respect to the use of the money granted under this section.

(h) Chapter 783, Government Code, and standards adopted under that chapter control if applicable to a grant made under this section.

Sec. 121.0066. ESSENTIAL PUBLIC HEALTH SERVICES PROVIDED

BY DEPARTMENT. (a) Subject to the availability of funds, the department may provide essential public health services for a population for which a municipality, county, public health district, or other political subdivision is not receiving a grant to provide those services under Section 121.0065.

(b) Subject to the availability of funds, the department shall develop a plan that complies with Section 121.0065(d) to evaluate the effectiveness, accessibility, and quality of essential public health services provided under this section.

Sec. 121.0067. EVALUATION AND REPORT OF DELIVERY OF ESSENTIAL PUBLIC HEALTH SERVICES. (a) The department, in cooperation with municipalities, counties, public health districts, and other political subdivisions that receive grants under Section 121.0065, and the consortium established under Subchapter F, shall evaluate:

(1) the effectiveness, accessibility, and quality of essential public health services provided under the grant program established by Section 121.0065 and under Section 121.0066; and

(2) the adequacy of funding for those services.

(b) Not later than January 1 of each odd-numbered year, the department shall file with the governor and the presiding officer of each house of the legislature a report detailing the results of the evaluation conducted under Subsection (a). The report must include recommendations relating to:

(1) legislation to improve the effectiveness, accessibility, and quality of essential public health services; and

(2) appropriate funding for those services.

SECTION 3. Section 121.007(c), Health and Safety Code, is amended to read as follows:

(c) The board or its designee may require a regional director to perform the duties of a health authority. The regional director may perform those duties, as authorized by the board or commissioner, in a jurisdiction in the region in which[:

[(1) there is no health authority; or

[(2) ] the health authority fails to perform duties prescribed by the board under Section 121.024. The regional director shall perform the duties of a health authority in a jurisdiction in the region in which there is not a health authority.

SECTION 4. Section 121.028, Health and Safety Code, is amended to read as follows:

Sec. 121.028. APPOINTMENT OF HEALTH AUTHORITY. (a) The governing body of a municipality or the commissioners court of a county that has not established a local health department or a public health district may appoint a physician as health authority to administer state and local laws relating to public health in the municipality's or county's jurisdiction.

(b) The governing body of a municipality or the commissioners court of a county described by Subsection (a) that is receiving a grant under Section 121.0065 shall appoint a physician as health authority.

(c) An individual appointed to serve as health authority for a county or municipality may serve as the health authority for one or more other jurisdictions under an interlocal contract made in accordance with Chapter 791, Government Code.

SECTION 5. Section 121.032, Health and Safety Code, is amended to read as follows:

Sec. 121.032. POWERS AND DUTIES. [(a) ] A local health department may perform all public health functions that the municipality or county that establishes the local health department may perform.

[(b) For purposes of Section 121.005, a local health department shall be identified by its program of public health services and shall, at a minimum, provide:

[(1) personal health promotion and maintenance services;

[(2) infectious disease control and prevention services;

[(3) environmental and consumer health programs for the enforcement of health and safety laws relating to food, water, waste control, general sanitation, and vector control;

[(4) public health education and information services;

[(5) laboratory services; and

[(6) administrative services. ]

SECTION 6. Chapter 121, Health and Safety Code, is amended by adding Subchapter F to read as follows:

SUBCHAPTER F. PUBLIC HEALTH CONSORTIUM

Sec. 121.101. DEFINITION. In this chapter, "consortium" means the public health consortium established under this subchapter.

Sec. 121.102. CONSORTIUM ESTABLISHED. Subject to availability of funds, the department shall establish a public health consortium composed of:

(1) The University of Texas Health Science Center at San Antonio;

(2) The University of Texas M. D. Anderson Cancer Center;

(3) The University of Texas Southwestern Medical Center at Dallas;

(4) The University of Texas Medical Branch at Galveston;

(5) The University of Texas Health Science Center at Houston;

(6) The University of Texas Health Science Center at Tyler;

(7) the Texas Tech University Health Sciences Center;

(8) The Texas A&M University Health Science Center;

(9) the University of North Texas Health Science Center at Fort Worth; and

(10) any other public institution of higher education that elects to participate in the consortium.

Sec. 121.103. GENERAL DUTIES. (a) Subject to the availability of funds, the department, in consultation with the consortium and local health units, local health departments, and public health districts, shall:

(1) develop curricula to provide training to public health workers;

(2) conduct research on improving health status outcomes and methods of monitoring those outcomes;

(3) develop performance standards for local health units, local health departments, and public health districts;

(4) develop competency certification standards for public health workers; and

(5) study the technology infrastructure available to local health units, local health departments, and public health districts and improve the use of this infrastructure to permit:

(A) statewide communication relating to disease surveillance and reporting of public health information; and

(B) immediate access to public health information and collaboration among public health professionals.

(b) The training curricula described by Subsection (a)(1) may include training for local health authorities.

SECTION 7. Chapter 437, Health and Safety Code, is amended by adding Section 437.0075 to read as follows:

Sec. 437.0075. FOOD MANAGERS IN CERTAIN POPULOUS COUNTIES. (a) A county with a population of at least 2.8 million may require a trained food manager to be on duty during the operating hours of a food establishment.

(b) The training required of food managers can be no more extensive than that specified under Subchapter D, Chapter 438.

(c) A food establishment that handles only prepackaged food and does not prepare or package food may not be required to have a certified food manager under this section.

SECTION 8. Sections 121.007(d) and (e), Health and Safety Code, are repealed.

SECTION 9. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

Representative Delisi moved to adopt the conference committee report on HB 1444.

A record vote was requested.

The motion prevailed by (Record 519): 143 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, J.; Junell; Keel; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Crownover; Jones, D.

Absent, Excused, Committee Meeting - Gray; Sadler.

Absent - Ehrhardt; Keffer.

HB 3697 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Siebert submitted the following conference committee report on HB 3697:

Austin, Texas, May 28, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 3697 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Sibley Siebert

Fraser Brimer

Armbrister Eiland

Cain Bailey

Ritter

On the part of the Senate On the part of the House

HB 3697, A bill to be entitled An Act relating to the operation of the Texas Workers' Compensation Insurance Fund and the disposition of certain surpluses of that fund.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 9(c), Article 5.76-3, Insurance Code, is amended to read as follows:

(c) Notwithstanding any other provision of this code or any other insurance law of this state [article ], the fund may establish multitiered premium systems to price [provide ] workers' compensation insurance policies to insureds in [who would not otherwise meet ] the fund's competitive programs, as well as to insureds to whom policies are offered by the fund under Article 5.76-4 of this code [underwriting standards ]. Those multitiered systems shall be filed in accordance with Article 5.55 of this code. The systems may provide for higher or lower premium payments by insureds based on the fund's evaluation of the underwriting characteristics of the individual risk and the appropriate premium to be charged for the policy coverages [who present higher than normal risks within a class ].

SECTION 2. Section 12, Article 5.76-3, Insurance Code, is amended to read as follows:

Sec. 12. PAYMENT OF TAXES AND FEES; GUARANTY ASSOCIATION. (a) The [Except as provided in Subsection (b) of this section, the ] fund shall

pay premium taxes, maintenance taxes, and the maintenance tax surcharge established under Article 5.76-5 of this code in the same manner as an insurance carrier authorized by the Texas Department of Insurance to write workers' compensation insurance in this state.

(b) [The fund is granted a tax credit equal to two percent of the gross workers' compensation premiums written by the fund during the period for which taxes are assessed. The credit may be applied only against the taxes and surcharge established in Subsection (a) of this section and shall be applied against the taxes and surcharge in the following order:

[(1) maintenance tax surcharge;

[(2) maintenance taxes assessed to support the Texas Department of Insurance;

[(3) maintenance tax assessed to support the commission; and

[(4) premium taxes.

[(c) ] The fund shall pay [all other ] taxes and fees or any payments due in lieu of taxes in the same manner as an insurance carrier authorized and admitted by the Texas Department of Insurance to do insurance business in this state under a certificate of authority that includes authorization to write workers' compensation insurance.

(c) [(d) ] The fund is [may not be ] a member of and is [nor be ] protected by the Texas Property and Casualty Insurance Guaranty Association. The fund [and ] is [not ] subject to assessment under the Texas Property and Casualty Insurance Guaranty Act (Article 21.28-C, Insurance Code).

SECTION 3. Article 5.76-5, Insurance Code, is amended by adding Section 10A to read as follows:

Sec. 10A. REIMBURSEMENT OF MAINTENANCE TAX SURCHARGE. (a) The comptroller and the department shall cooperate in the preparation of a list, by year, of the insurance companies and certified self-insurers who paid the maintenance tax surcharge assessed under Section 10 of this article for calendar years 1991-1996. The list must include the amount by year of the maintenance tax surcharge paid by each insurance company and by each certified self-insurer. The fund paid the maintenance tax surcharge only for calendar years 1993 and 1994 and shall be included in the list prepared under this subsection only for those years. The comptroller and the department shall provide the lists compiled under this subsection to the fund not later than the 60th day after the effective date of this section. For the purposes of this section, a reference to an insurance company includes the fund.

(b) Notwithstanding Sections 111.104 and 111.107, Tax Code, not later than the 45th day after the date on which the fund receives the lists, the fund shall issue separate checks, in the amount determined under Subsection (a) of this section, to each insurance company and certified self-insurer for each year in which the maintenance tax surcharge was paid. The fund shall make the payments from the surplus of the fund.

(c) The maintenance tax surcharge is paid on March 1 of each year, based on the premium writings of the prior calendar year. The calendar years for which the maintenance tax surcharge was paid and the corresponding recoupment periods are as follows:

(1) calendar year 1991-recoupment period June 1, 1992, through May 31, 1993;

(2) calendar year 1992-recoupment period June 1, 1993, through May 31, 1994;

(3) calendar year 1993-recoupment period June 1, 1994, through May 31, 1995;

(4) calendar year 1994-recoupment period June 1, 1995, through May 31, 1996;

(5) calendar year 1995-recoupment period June 1, 1996, through May 31, 1997;

(6) calendar year 1996-recoupment period June 1, 1997, through May 31, 1998.

(d) Each policyholder not insured by the fund is entitled to receive a proportionate share of the amount of the maintenance tax surcharge paid by the insurance company providing the policyholder's workers' compensation insurance coverage with a policy effective date during each 12-month recoupment period beginning June 1, 1992, and ending May 31, 1998. Only those policyholders with coverage provided by the fund with policy effective dates during the recoupment period beginning June 1, 1994, and ending May 31, 1995, and the recoupment period beginning June 1, 1995, and ending May 31, 1996, are entitled to receive a refund of the proportionate share of the maintenance tax surcharge from the fund. Only those policyholders with coverage provided through the Texas workers' compensation insurance facility with policy effective dates during the recoupment period beginning June 1, 1992, and ending May 31, 1993, and the recoupment period beginning June 1, 1993, and ending May 31, 1994, are entitled to receive a refund of the proportionate share of the maintenance tax surcharge. The share shall be determined as follows:

(1) the insurance company shall determine the total gross premium, as defined by the comptroller on the effective date of this section, of all policyholders with coverage written during each applicable recoupment period who are entitled to receive a refund as determined under this subsection;

(2) the insurance company shall divide the total gross premium for each applicable recoupment year into the amount of maintenance tax surcharge paid based on the prior calendar year's premium to determine the percentage factor to be applied to each policyholder's premium; and

(3) the percentage factor determined under Subdivision (2) of this subsection shall be applied to the policyholder's gross premium for each applicable recoupment period to establish the amount of maintenance tax surcharge to be refunded to each individual policyholder.

(e) Except as provided by Subsection (f) of this section, for each policy written during the applicable recoupment period, each insurance company shall issue a refund check to the policyholder for the amount of the refund of the maintenance tax surcharge, or, if a policyholder has a balance due for premiums earned during any recoupment period, the insurance company may apply the refund as a credit against the amount owed. All refunds or credits under this section must be made or applied not later than September 1, 2000.

(f) An insurance company is not required to issue a refund to a policyholder if the total amount of that policyholder's refund is less than $25.

(g) Each insurance company shall make a diligent effort to locate each policyholder due a refund under this section.

(h) Not later than January 1, 2001, each insurance company shall file with the department a report that covers each applicable recoupment period. The report must include:

(1) the name of each policyholder receiving a refund;

(2) the name of each policyholder to whom Subsection (f) of this section applies;

(3) the amount of the refund sent to the policyholder;

(4) the date the refund was sent;

(5) the name, last known mailing address, federal employer identification number, and refund amount for each policyholder who could not be located; and

(6) the name, address, and telephone number of a person at the insurance company whom a policyholder may contact to provide a current address to be used for mailing the refund.

(i) If an insurance company is unable to locate a policyholder to whom the insurance company is required to make a refund after making a diligent effort to do so, the insurance company shall notify the department in the manner prescribed by the department.

(j) The department shall furnish a report to the fund not later than March 1, 2001, to be used for publication of notices to be placed in at least one newspaper of general circulation in each county with a population of at least 100,000, according to the most recent federal decennial census. The fund shall publish the notices not later than April 1, 2001, and shall pay all costs associated with the publication of the notices from the surplus of the fund. Each notice must have a statement describing the reason for the publication of the notice and must include the following information:

(1) the name of the applicable insurance company;

(2) the name, address, and telephone number of a person at the insurance company whom a policyholder may contact regarding a refund;

(3) the name of each policyholder entitled to a refund; and

(4) the municipality of the last known mailing address of the policyholder.

(k) To receive a refund under this section, an eligible policyholder must provide the policyholder's current mailing address to the appropriate insurance company not later than the later of:

(1) the 180th day after the publication date of the notice; or

(2) October 1, 2001.

(l) The insurance company shall remit the appropriate refund to an eligible policyholder not later than the 45th day after the date the insurance company receives the policyholder's address as required by Subsection (k) of this section. All refunds must be remitted not later than November 15, 2001.

(m) Not later than December 31, 2001, each insurance company shall file a report with the department that includes:

(1) the name of each policyholder receiving a refund;

(2) the amount of the refund sent to the policyholder;

(3) the date the refund was sent; and

(4) the name, last known mailing address, and amount of refund owed to each policyholder who could not be located.

(n) An insurance company that cannot locate a policyholder eligible for a refund through the procedures established under this section shall, not later than December 31, 2001, return the amount of the remaining maintenance tax surcharge to the fund for deposit in the fund's surplus.

(o) Notwithstanding any other law of this state, all rights to a refund under this section expire on December 31, 2001.

(p) In making refunds required by this section, an insurance company may not be required to refund to policyholders an amount greater, in the aggregate, than that received from the fund.

(q) Each report filed with the department under this section by an insurance company that includes the identification of a policyholder by name is confidential, and the department shall maintain the confidentiality of the report and the information contained in the report except as otherwise provided by this section. A report subject to this subsection made by an insurance company is not subject to disclosure under Chapter 552, Government Code.

(r) The commissioner shall adopt rules as necessary to implement this section.

(s) This section expires September 1, 2002.

SECTION 4. Subchapter G, Chapter 5, Insurance Code, is amended by adding Article 5.76-6 to read as follows:

Art. 5.76-6. INTERIM STUDIES. (a) The Texas Workers' Compensation Insurance Fund shall enter into a joint venture with the Research and Oversight Council on Workers' Compensation by providing data for interim studies as provided by this article. Funding shall come from the surplus of the Texas Workers' Compensation Insurance Fund for the interim studies to improve worker safety in this state and reduce the cost and improve the quality of health care delivered to injured workers.

(b) The studies shall include examinations of:

(1) methods to improve worker safety and facilitate return to productive employment following an injury;

(2) the quality and cost-effectiveness of the current workers' compensation health care delivery system, as compared to:

(A) other health care delivery systems used in this state; and

(B) workers' compensation health care delivery systems used in other states; and

(3) medical provider treatment patterns and insurance carrier utilization review practices in the workers' compensation system of this state.

(c) The council shall submit requests for proposals for contracts with private vendors to perform the studies required under this article. The comptroller shall assist the council in bidding, evaluating, and securing the contracts.

(d) The Texas Workers' Compensation Commission shall assist the council by providing, on request by the council, computer data and other information as necessary to conduct the studies.

(e) The council may enter into contracts, memoranda of understanding, and interagency agreements as necessary to implement this article.

(f) The council shall report the results of the interim studies and recommendations for proposed legislation to the 77th Legislature not later than February 1, 2001. The council shall provide written copies of the report to the governor, the lieutenant governor, and the speaker of the house of representatives.

(g) This article expires March 1, 2001.

SECTION 5. Section 3, Article 21.28-C, Insurance Code, is amended to read as follows:

Sec. 3. SCOPE. (a) This Act applies to all kinds of direct insurance, and except as provided in Section 12 of this Act, is not applicable to the following:

(1) life, annuity, health, or disability insurance;

(2) mortgage guaranty, financial guaranty, or other forms of insurance offering protection against investment risks;

(3) fidelity or surety bonds, or any other bonding obligations;

(4) credit insurance, vendors' single-interest insurance, collateral protection insurance, or any similar insurance protecting the interests of a creditor arising out of a creditor-debtor transaction;

(5) insurance of warranties or service contracts;

(6) title insurance;

(7) ocean marine insurance;

(8) any transaction or combination of transactions between a person, including an affiliate of such a person, and an insurer, including an affiliate of such an insurer, that involves the transfer of investment or credit risk unaccompanied by the transfer of insurance risk; or

(9) any insurance provided by or guaranteed by government.

(b) This Act applies to insurance written through the Texas Workers' Compensation Insurance Fund only as provided by this subsection. The application of this article to the Texas Workers' Compensation Insurance Fund is on a prospective basis on and after January 1, 2000. That fund is only liable for assessments for a claim with a date of injury that occurs on or after January 1, 2000. The association, with respect to an insolvency of the fund, is only liable for a claim with a date of injury that occurs on or after January 1, 2000.

SECTION 6. Section 5(10), Article 21.28-C, Insurance Code, is amended to read as follows:

(10) "Member insurer" means any insurer [person ] who:

(A) writes any kind of insurance to which this Act applies under Section 3 of this Act, including the exchange of reciprocal or inter-insurance contracts; and

(B) is licensed to transact insurance in this state, including any stock, mutual, Lloyds insurer, reciprocal or inter-insurance exchange, or county mutual insurance company.

SECTION 7. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

Representative Siebert moved to adopt the conference committee report on HB 3697.

A record vote was requested.

The motion prevailed by (Record 520): 145 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chavez; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Wolens; Woolley; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Crownover; Jones, D.

Absent, Excused, Committee Meeting - Gray; Sadler.

HB 1603 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Thompson submitted the following conference committee report on HB 1603:

Austin, Texas, May 28, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 1603 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Harris Thompson

Nelson Capelo

Madla Hinojosa

On the part of the Senate On the part of the House

HB 1603, A bill to be entitled An Act relating to the deferred disposition of certain misdemeanor offenses.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 45.54, Code of Criminal Procedure, is amended to read as follows:

Art. 45.54. SUSPENSION OF SENTENCE AND DEFERRAL OF FINAL DISPOSITION. (a) [(1) ] On a plea of guilty or nolo contendere by a defendant or on a finding of guilt in a misdemeanor case punishable by fine only and payment of all court costs, the justice may defer further proceedings without entering an adjudication of guilt and place the defendant on probation for a period not to exceed 180 days[. This article does not apply to a misdemeanor case disposed of by Section 143A, Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes), or a serious traffic violation as defined in Section 3(26), Texas Commercial Driver's License Act (Article 6687b-2, Revised Statutes).

[(2) During the deferral period, the justice shall require the defendant to successfully complete a Central Education Agency-approved driving safety course, if the offense alleged is an offense involving the operation of a motor vehicle, other than a commercial motor vehicle, as defined in Subdivision (6), Section 3, Texas Commercial Driver's License Act (Article 6687b-2, Revised Statutes), and the defendant:

[(A) has completed an approved driving safety course within the preceding 12 months; or

[(B) is a first-time offender who elects deferred adjudication ].

(b) [(3) ] During the [said ] deferral period, the justice may require the defendant to:

(1) [(a) ] post a bond in the amount of the fine assessed to secure payment of the fine;

(2) [(b) ] pay restitution to the victim of the offense in an amount not to exceed the fine assessed;

(3) [(c) ] submit to professional counseling; and

(4) [(d) ] comply with any other reasonable condition[; and

[(e) require the defendant to successfully complete a Central Education Agency approved driving safety course, if:

[(1) the offense alleged is an offense involving the operation of a motor vehicle, other than a commercial motor vehicle, as defined in Subdivision (6), Section 3, Texas Commercial Driver's License Act (Article 6687b-2, Revised Statutes); and

[(2) the defendant has not completed an approved driving safety course within the preceding 12 months ].

(c) [(4) ] At the conclusion of the deferral period, if the defendant presents satisfactory evidence that he has complied with the requirements imposed, the justice shall dismiss the complaint, and it shall be clearly noted in the docket that the complaint is dismissed and that there is not a final conviction. Otherwise, the justice may proceed with an adjudication of guilt. After an adjudication of guilt, the justice may reduce the fine assessed or may then impose the fine assessed, less any portion of the assessed fine that has been paid. If the complaint is dismissed, a special expense not to exceed the amount of the fine assessed may be imposed.

(d) [(5) ] If at the conclusion of the deferral period the defendant does not present satisfactory evidence that the defendant complied with the requirements imposed, the justice may impose the fine assessed or impose a lesser fine. The imposition of the fine or lesser fine constitutes a final conviction of the defendant.

(e) [(6) ] Records relating to a complaint dismissed as provided by this article may be expunged under Article 55.01 of this code. If a complaint is dismissed under this article, there is not a final conviction and the complaint may not be used against the person for any purpose.

SECTION 2. Chapter 45, Code of Criminal Procedure, is amended by adding Article 45.541 to read as follows:

Art. 45.541. DEFERRED DISPOSITION PROCEDURES APPLICABLE TO TRAFFIC OFFENSES. (a) This article applies to an alleged offense involving the operation of a motor vehicle other than a commercial motor vehicle, as defined by Section 522.003, Transportation Code, and supplements Article 45.54.

(b) During the deferral period under Article 45.54, the justice:

(1) shall require the defendant to successfully complete a driving safety course approved by the Texas Education Agency if the defendant elects deferred disposition and the defendant has not completed an approved driving safety course or motorcycle operator training course, as appropriate, within the preceding 12 months; and

(2) may require the defendant to successfully complete a driving safety course approved by the Texas Education Agency if the defendant has completed an approved driving safety course within the preceding 12 months.

(c) Subsection (b)(1) applies only if:

(1) the person enters a plea in person or in writing of no contest or guilty and, before the answer date on the notice to appear:

(A) presents in person to the court an oral or written request to take a course; or

(B) sends to the court by certified mail, return receipt requested, postmarked on or before the answer date on the notice to appear, a written request to take a course;

(2) the court enters judgment on the person's plea of no contest or guilty at the time the plea is made but defers imposition of the judgment for 180 days;

(3) the person has a Texas driver's license or permit;

(4) the person is charged with an offense to which this article applies, other than speeding 25 miles per hour or more over the posted speed limit;

(5) the person provides evidence of financial responsibility as required by Chapter 601, Transportation Code;

(6) the defendant's driving record as maintained by the Texas Department of Public Safety shows the defendant has not completed an approved driving safety course or motorcycle operator training course, as appropriate, within the 12 months preceding the date of the offense; and

(7) the defendant files an affidavit with the court stating that the person is not taking a course under this section and has not completed a

course that is not shown on the person's driving record within the 12 months preceding the date of the offense.

(d) Notwithstanding Subsection (c)(1), on a written motion submitted to the court before the final disposition of the case, the court may grant a request to take a driving safety course or a motorcycle operator training course under this article.

(e) A request to take a driving safety course made at or before the time and at the place at which a person is required to appear in court is an appearance in compliance with the person's promise to appear.

(f) The court may require a person requesting a driving safety course to pay a fee set by the court at an amount of not more than $10, including any other fee authorized by statute or municipal ordinance, to cover the cost of administering this article.

(g) A person who requests but does not take a course is not entitled to a refund of the fee.

(h) Fees collected by a municipal court shall be deposited in the municipal treasury. Fees collected by another court shall be deposited in the county treasury of the county in which the court is located.

(i) If a person requesting a driving safety course fails to furnish evidence of the successful completion of the course to the court, the court shall:

(1) notify the person in writing, mailed to the address appearing on the notice to appear, of that failure; and

(2) require the person to appear at the time and place stated in the notice to show cause why the evidence was not timely submitted to the court.

(j) A person who fails to appear at the time and place stated in the notice commits a misdemeanor punishable as provided by Section 543.009, Transportation Code.

(k) On a person's showing of good cause for failure to furnish evidence to the court, the court may allow an extension of time during which the person may present a uniform certificate of course completion as evidence that the person successfully completed the driving safety course.

(l) When a person complies with Subsection (b) and a uniform certificate of course completion is accepted by the court, the court shall:

(1) remove the judgment and dismiss the charge;

(2) report the fact that the person successfully completed a driving safety course and the date of completion to the Texas Department of Public Safety for inclusion in the person's driving record; and

(3) state in its report whether the course was taken under the procedure provided by this article to provide information necessary to determine eligibility to take a subsequent course under Subsection (b).

(m) The court may dismiss only one charge for each completion of a course.

(n) A charge that is dismissed under this article may not be part of a person's driving record or used for any purpose.

(o) An insurer delivering or issuing for delivery a motor vehicle insurance policy in this state may not cancel or increase the premium charged an insured under the policy because the insured completed a driving safety course or had a charge dismissed under this article.

(p) The court shall advise a person charged with a misdemeanor under Subtitle C, Title 7, Transportation Code, committed while operating a motor vehicle of the person's right under this article to successfully complete a driving safety course or, if the offense was committed while operating a motorcycle, a motorcycle operator training course. The right to complete a course does not apply to a person charged with a violation of Section 545.066, 545.401, 545.421, 550.022, or 550.023, Transportation Code, or a serious traffic violation as defined by Section 522.003, Transportation Code.

(q) Nothing in this article shall prevent a court from assessing a special expense for deferred disposition in the same manner as provided for in Article 45.54. For a deferred disposition under Subsection (b)(1), the court may only collect a fee up to $10 in addition to any applicable court cost.

SECTION 3. Sections 543.102-543.110, Transportation Code, are repealed.

SECTION 4. (a) The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. For purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before the effective date.

(b) An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose.

SECTION 5. This Act takes effect September 1, 1999.

SECTION 6. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.

Representative Thompson moved to adopt the conference committee report on HB 1603.

The motion prevailed without objection.

HB 211 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Hochberg submitted the following conference committee report on HB 211:

Austin, Texas, May 28, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 211 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Sibley Hochberg

Nelson Greenberg

Cain Dunnam

West Lengefeld

On the part of the Senate On the part of the House

HB 211, A bill to be entitled An Act relating to compliance by school districts and open-enrollment charter schools with the public information law and the open meetings law and to the governance of an open-enrollment charter school.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 12.105(b), Education Code, is amended to read as follows:

(b) The governing body of the school is considered a governmental body for purposes of Chapters 551 and 552, Government Code. Any requirement in those chapters relating to a school district, school board, or school children applies to an open-enrollment charter school and to children attending an open-enrollment school.

SECTION 2. Section 12.111, Education Code, is amended to read as follows:

Sec. 12.111. CONTENT. Each charter granted under this subchapter must:

(1) describe the educational program to be offered, which must include the required curriculum as provided by Section 28.002;

(2) specify the period for which the charter or any charter renewal is valid;

(3) provide that continuation or renewal of the charter is contingent on acceptable student performance on assessment instruments adopted under Subchapter B, Chapter 39, and on compliance with any accountability provision specified by the charter, by a deadline or at intervals specified by the charter;

(4) establish the level of student performance that is considered acceptable for purposes of Subdivision (3);

(5) specify any basis, in addition to a basis specified by this subchapter, on which the charter may be placed on probation or revoked or on which renewal of the charter may be denied;

(6) prohibit discrimination in admission policy on the basis of sex, national origin, ethnicity, religion, disability, academic or athletic ability, or the district the child would otherwise attend in accordance with this code, although the charter may provide for the exclusion of a student who has a documented history of a criminal offense, a juvenile court adjudication, or discipline problems under Subchapter A, Chapter 37;

(7) specify the grade levels to be offered;

(8) describe the governing structure of the program, including:

(A) the officer positions designated;

(B) the manner in which officers are selected and removed from office;

(C) the manner in which members of the governing body are selected and removed from office;

(D) the manner in which vacancies on the governing board are filled;

(E) the term for which members of the governing body serve; and

(F) whether the terms are to be staggered;

(9) specify the qualifications to be met by professional employees of the program;

(10) describe the process by which the person providing the program will adopt an annual budget;

(11) describe the manner in which an annual audit of the financial and programmatic operations of the program is to be conducted, including the manner in which the person providing the program will provide information necessary for the school district in which the program is located to participate, as required by this code or by State Board of Education rule, in the Public Education Information Management System (PEIMS);

(12) describe the facilities to be used;

(13) describe the geographical area served by the program; and

(14) specify any type of enrollment criteria to be used.

SECTION 3. Subchapter D, Chapter 12, Education Code, is amended by adding Sections 12.119 and 12.120 to read as follows:

Sec. 12.119. BYLAWS; ANNUAL REPORT. (a) The entity to which a charter is granted for an open-enrollment charter school shall file with the State Board of Education a copy of its bylaws, or a comparable document if the entity does not have bylaws, within the period and in the manner prescribed by the board.

(b) Each year within the period and in a form prescribed by the State Board of Education, each open-enrollment charter school shall file with the board the following information:

(1) the name, address, and telephone number of each officer and member of the governing body of the open-enrollment charter school; and

(2) the amount of annual compensation the open-enrollment charter school pays to each officer and member of the governing body.

(c) On request, the State Board of Education shall provide the information required by this section and Section 12.111(8) to a member of the public. The board may charge a reasonable fee to cover the board's cost in providing the information.

Sec. 12.120. LIMITATION ON SERVING AS OFFICER OR EMPLOYEE. A person who has been convicted of a felony or a misdemeanor involving moral turpitude may not serve as an officer or member of the governing body of an open-enrollment charter school.

SECTION 4. Section 53.02, Education Code, is amended by adding Subdivision (13) to read as follows:

(13) "Authorized charter school" means an open-enrollment charter school that holds a charter granted under Subchapter D, Chapter 12.

SECTION 5. Section 53.48, Education Code, is amended to read as follows:

Sec. 53.48. BONDS FOR ACCREDITED PRIMARY OR SECONDARY SCHOOLS. In the same manner that a corporation may issue bonds under this chapter for an institution of higher education, a corporation created under Section 53.35(b) may issue bonds to finance or refinance educational facilities or housing facilities to be used by an accredited primary or secondary school or by an authorized charter school.

SECTION 6. Subchapter C, Chapter 552, Government Code, is amended by adding Section 552.131 to read as follows:

Sec. 552.131. EXCEPTION: CERTAIN INFORMATION HELD BY SCHOOL DISTRICT. (a) "Informer" means a student or former student or an employee or former employee of a school district who has furnished a report of another person's or persons' possible violation of criminal, civil, or regulatory law to the school district or the proper regulatory enforcement authority.

(b) An informer's name or information that would substantially reveal the identity of an informer is excepted from the requirements of Section 552.021.

(c) Subsection (b) does not apply:

(1) if the informer is a student or former student, and the student or former student, or the legal guardian, or spouse of the student or former student consents to disclosure of the student's or former student's name; or

(2) if the informer is an employee or former employee who consents to disclosure of the employee's or former employee's name; or

(3) if the informer planned, initiated, or participated in the possible violation.

(d) Information excepted under Subsection (b) may be made available to a law enforcement agency or prosecutor for official purposes of the agency or prosecutor upon proper request made in compliance with applicable law and procedure.

(e) This section does not infringe on or impair the confidentiality of information considered to be confidential by law, whether it be constitutional, statutory, or by judicial decision, including information excepted from the requirements of Section 552.021.

SECTION 7. Section 26.007(b), Education Code, is amended to read as follows:

(b) A board of trustees of a school district must hold each public meeting of the board within the boundaries of the district except as required by law or except to hold a joint meeting with another district or with another governmental entity, as defined by Section 2051.041, Government Code, if the boundaries of the governmental entity are in whole or in part within the boundaries of the district. All public meetings must comply with Chapter 551, Government Code.

SECTION 8. Chapter 26, Education Code, is amended by adding Section 26.0085 to read as follows:

Sec. 26.0085. REQUESTS FOR PUBLIC INFORMATION. (a) A school district or open-enrollment charter school that seeks to withhold information from a parent who has requested public information relating to the parent's child under Chapter 552, Government Code, and that files suit as described by Section 552.324, Government Code, to challenge a decision by the attorney general issued under Subchapter G, Chapter 552, Government Code, must bring the suit not later than the 30th calendar day after the date the school district or open-enrollment charter school receives the decision of the attorney general being challenged.

(b) A court shall grant a suit described by Subsection (a) precedence over other pending matters to ensure prompt resolution of the subject matter of the suit.

(c) Notwithstanding any other law, a school district or open-enrollment

charter school may not appeal the decision of a court in a suit filed under Subsection (a). This subsection does not affect the right of a parent to appeal the decision.

(d) If the school district or open-enrollment charter school does not bring suit within the period established by Subsection (a), the school district or open-enrollment charter school shall comply with the decision of the attorney general.

(e) A school district or open-enrollment charter school that receives a request from a parent for public information relating to the parent's child shall comply with Chapter 552, Government Code. If an earlier deadline for bringing suit is established under Chapter 552, Government Code, Subsection (a) does not apply. This section does not affect the earlier deadline for purposes of Section 532.353(b)(3) for a suit brought by an officer for public information.

SECTION 9. Section 26.0085, Education Code, as added by this Act, applies only to a suit described by that section with respect to a decision of the attorney general made on or after the effective date of this Act.

SECTION 10. (a) Each open-enrollment charter school for which a charter is granted before September 1, 1999, shall revise its charter as necessary to comply with Section 12.111, Education Code, as amended by this Act, not later than January 1, 2000.

(b) The entity to which a charter for an open-enrollment charter school is granted before September 1, 1999, shall file a copy of its bylaws or other document as required by Section 12.119(a), Education Code, as added by this Act, not later than January 1, 2000.

SECTION 11. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

Representative Hochberg moved to adopt the conference committee report on HB 211.

A record vote was requested.

The motion prevailed by (Record 521): 141 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Carter; Chisum; Christian; Clark; Coleman; Cook; Corte; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.;

Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Oliveira; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Woolley; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Crownover; Jones, D.

Absent, Excused, Committee Meeting - Gray; Sadler.

Absent - Chavez; Howard; Moreno, J.; Wolens.

STATEMENT OF VOTE

When Record No. 521 was taken, I was in the house but away from my desk. I would have voted yes.

Chavez

SCR 87 - ADOPTED

(Dukes - House Sponsor)

Representative Dukes moved to suspend all necessary rules to take up and consider at this time SCR 87.

The motion prevailed without objection.

The following resolution was laid before the house:

SCR 87, In memory of Kevin Phillip Roberts.

SCR 87 was unanimously adopted by a rising vote.

SCR 44 - ADOPTED

(Dukes - House Sponsor)

Representative Dukes moved to suspend all necessary rules to take up and consider at this time SCR 44.

The motion prevailed without objection.

The following resolution was laid before the house:

SCR 44, Recognizing March 22, 1999, as La Mafia Day at the Capitol.

SCR 44 was adopted without objection.

HB 1223 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Seaman submitted the following conference committee report on HB 1223:

Austin, Texas, May 28, 1999

Honorable Rick Perry

President of the Senate

Honorable Pete Laney

Speaker of the House of Representatives

Sirs: We, your conference committee, appointed to adjust the differences between the Senate and the House of Representatives on HB 1223 have met and had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.

Armbrister Seaman

Shapiro Hunter

Wentworth Uher

Zaffirini Luna

Shapleigh P. Moreno

On the part of the Senate On the part of the House

HB 1223, A bill to be entitled An Act relating to a historical artifacts program under the Texas Historical Commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 442, Government Code, is amended by adding Section 442.0145 to read as follows:

Sec. 442.0145. TEXAS HISTORICAL ARTIFACTS PROGRAM; FUND. (a) The commission shall administer a program to assist municipalities, counties, museums, and county historical commissions with the development or improvement of museum facilities used to display historical artifacts discovered in Texas that are significant in Texas or American history.

(b) The Texas Historical Artifacts Program fund is created as a separate account in the general revenue fund. The fund is composed of money appropriated to the fund, money deposited to the fund under Subsection (c), and interest received from investments of money in the fund that the comptroller shall allocate to the fund. Sections 403.095 and 404.071 do not apply to the fund or to interest received from investments of money in the fund. Money in the fund may be spent only as provided by the commission under this section.

(c) The commission may accept, for deposit in the Texas Historical Artifacts Program fund, grants or other donations from any source.

(d) The commission shall establish rules governing the use, administration, and distribution of the Texas Historical Artifacts Program fund. The rules must ensure that money in the fund is used only for the purposes prescribed by Subsection (a), including paying the expenses of administering the program.

SECTION 2. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

Representative Seaman moved to adopt the conference committee report on HB 1223.

A record vote was requested.

The motion prevailed by (Record 522): 141 Yeas, 0 Nays, 1 Present, not voting.

Yeas - Alexander; Allen; Alvarado; Averitt; Bailey; Berman; Bonnen; Bosse; Brimer; Brown, B.; Brown, F.; Burnam; Capelo; Chavez; Chisum; Christian; Clark; Coleman; Cook; Counts; Crabb; Craddick; Cuellar; Culberson; Danburg; Davis, J.; Davis, Y.; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Ehrhardt; Eiland; Elkins; Ellis; Farabee; Farrar; Flores; Gallego; Garcia; George; Giddings; Glaze; Goodman; Goolsby; Green; Greenberg; Grusendorf; Gutierrez; Haggerty; Hamric; Hardcastle; Hartnett; Hawley; Heflin; Hilbert; Hilderbran; Hill; Hinojosa; Hochberg; Hodge; Homer; Hope; Howard; Hunter; Hupp; Isett; Janek; Jones, C.; Jones, J.; Junell; Keel; Keffer; King, P.; King, T.; Krusee; Kuempel; Lengefeld; Lewis, G.; Lewis, R.; Longoria; Luna; Madden; Marchant; Maxey; McCall; McClendon; McReynolds; Merritt; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Najera; Nixon; Noriega; Olivo; Palmer; Pickett; Pitts; Puente; Ramsay; Rangel; Reyna, A.; Reyna, E.; Ritter; Salinas; Seaman; Shields; Siebert; Smith; Smithee; Solis, J.; Solis, J. F.; Solomons; Staples; Swinford; Talton; Telford; Thompson; Tillery; Truitt; Turner, B.; Turner, S.; Uher; Uresti; Van de Putte; Walker; West; Williams; Wilson; Wise; Wohlgemuth; Woolley; Yarbrough; Zbranek.

Present, not voting - Mr. Speaker(C).

Absent, Excused - Crownover; Jones, D.

Absent, Excused, Committee Meeting - Gray; Sadler.

Absent - Carter; Corte; Oliveira; Wolens.

HR 1316 - ADOPTED

(by Garcia)

The following privileged resolution was laid before the house:

HR 1316

BE IT RESOLVED by the House of Representatives of the State of Texas, 76th Legislature, Regular Session, 1999, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on SB 558, relating to training requirements for certain child-care providers, to consider and take action on the following matter:

House Rule 13, Sections 9(a)(1) and (2), are suspended to permit the committee to amend Section 1 of the bill to read as follows:

SECTION 1. Subchapter C, Chapter 42, Human Resources Code, is amended by adding Section 42.0421 to read as follows:

Sec. 42.0421. MINIMUM TRAINING STANDARDS. (a) The minimum training standards prescribed by the department under Section 42.042(p) for an employee of a day-care center or group day-care home must include:

(1) eight hours of initial training for an employee of a day-care center who has no previous training or employment experience in a regulated child-care facility, to be completed before the employee is given responsibility for a group of children;

(2) 15 hours of annual training for each employee of a day-care center or group day-care home, excluding the director; and

(3) 20 hours of annual training for each director of a day-care center or group day-care home.

(b) The minimum training standards prescribed by the department under Section 42.042(p) must require an employee of a licensed day-care center or group day-care home who provides care for children younger than 24 months of age to receive special training regarding the care of those children. The special training must be included as a component of the initial training required by Subsection (a)(1) and as a one-hour component of the annual training required by Subsections (a)(2) and (a)(3). The special training must include information on:

(1) recognizing and preventing shaken baby syndrome;

(2) preventing sudden infant death syndrome; and

(3) understanding early childhood brain development.

(c) The department by rule shall require an operator of a registered family home who provides care for a child younger than 24 months of age to complete one hour of annual training on:

(1) recognizing and preventing shaken baby syndrome;

(2) preventing sudden infant death syndrome; and

(3) understanding early childhood brain development.

(d) Section 42.042(m) does not apply to the minimum training standards required by this section.

Explanation: This amendment is necessary to require that the special training required by Section 42.0421(b), Human Resources Code, as added by the Act, be included as a component of the required eight hours of initial training.

HR 1316 was adopted without objection.

(Gray now present)

HR 1317 - ADOPTED

(by Gray)

The following privileged resolution was laid before the house:

HR 1317

BE IT RESOLVED by the House of Representatives of the State of Texas, 76th Legislature, Regular Session, 1999, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences between the house and senate versions of HB 2954, relating to the application of the sunset review process to certain state agencies, to consider and take action on the following matters:

House Rule 13, Section 9(a)(4), is suspended to permit the committee to add a section to the bill that amends Section 571.022, Government Code, to read as follows:

SECTION ____. TEXAS ETHICS COMMISSION. Section 571.022, Government Code, is amended to read as follows:

Sec. 571.022. SUNSET PROVISION. The commission is subject to review

under Chapter 325 (Texas Sunset Act), but is not abolished under that chapter. The commission shall be reviewed during the periods in which state agencies abolished in 2003 [2001 ] and every 12th year after that year [2001 ] are reviewed.

Explanation: This change is necessary to give the Texas Ethics Commission sufficient time to implement, before the commission undergoes sunset review, a system for the electronic reporting of certain political contributions and political expenditures.

HR 1317 was adopted without objection.

SB 371 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Gray submitted the conference committee report on SB 371.

Representative Gray moved to adopt the conference committee report on SB 371.

The motion prevailed without objection.

HR 1314 - ADOPTED

(by Eiland)

The following privileged resolution was laid before the house:

HR 1314

BE IT RESOLVED by the House of Representatives of the State of Texas, 76th Legislature, Regular Session, 1999, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on SB 957, relating to the licensing of certain persons who provide services related to the business of insurance, to consider and take action on the following matter:

House Rule 13, Section 9(a)(4), is suspended to permit the committee to add the following text as an appropriately numbered article:

ARTICLE ___. LICENSING REQUIREMENTS FOR AUTOMOBILE CLUBS

SECTION __.01. Subchapter F, Chapter 21, Insurance Code, is amended by adding Article 21.80 to read as follows:

Art. 21.80. LICENSING REQUIREMENTS FOR AUTOMOBILE CLUBS. (a) An automobile club as defined in Section 722.002(2), Transportation Code, may provide insurance service only as provided by this section.

(b) An automobile club may provide a member accidental injury and death benefit insurance coverage through purchase of a group policy of insurance issued to the automobile club for the benefit of its members. The coverage must be purchased from an insurance company authorized to sell that type of coverage in this state. The automobile club shall provide each member covered by the insurance a certificate of participation. The certificate of participation must state on its face in at least 14-point black boldface type that the certificate is only a certificate of participation in a group accidental injury and death policy and is not motor vehicle liability insurance coverage.

(c) An automobile club may endorse insurance products and refer members to agents or insurers authorized to provide the insurance products

in this state. The automobile club or an agent of the automobile club may not receive remuneration for the referral.

(d) Except as provided by Subsection (e) of this article, an automobile club performing services permitted by this article is not subject to regulation under the insurance laws of this state because of the performance of those services.

(e) An automobile club may sell insurance products to a member for a consideration separate from the amount that the member pays for membership in the automobile club if the automobile club is properly licensed as an agent under the applicable provisions of this code.

(f) In addition to reimbursement services enumerated in Section 722.002(2), Transportation Code, an automobile club may contract with a member to reimburse the member for expenses the member incurs for towing, emergency road service, and lockout or lost key service, and to provide immediate destination assistance and trip interruption service. The insurance laws of this state do not apply to reimbursement provided under this subsection.

SECTION __.02. Section 722.013, Transportation Code, is repealed.

Explanation: This change is necessary to regulate the provision of certain insurance through automobile clubs.

HR 1314 was adopted without objection.

HR 1311 - ADOPTED

(by Gutierrez)

The following privileged resolution was laid before the house:

HR 1311

BE IT RESOLVED by the House of Representatives of the State of Texas, 76th Legislature, Regular Session, 1999, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on HB 1861, relating to increasing private investments in transportation infrastructure in the border region, to consider and take action on the following matter:

House Rule 13, Section 9(a)(1), is suspended to permit the committee to change text in Section 201.109(b), Transportation Code, so that the language reads as follows:

(7) increasing private investment in the transportation infrastructure, including the acquisition of causeways, bridges, tunnels, turnpikes, or other transportation facilities, in the border region, including the counties of Atascosa, Bandera, Bexar, Brewster, Brooks, Cameron, Crockett, Culberson, Dimmit, Duval, Edwards, El Paso, Frio, Hidalgo, Hudspeth, Jeff Davis, Jim Hogg, Jim Wells, Kenedy, Kerr, Kimble, Kinney, Kleberg, La Salle, Live Oak, Maverick, McMullen, Medina, Nueces, Pecos, Presidio, Real, Reeves, San Patricio, Starr, Sutton, Terrell, Uvalde, Val Verde, Webb, Willacy, Zapata, and Zavala.

Explanation: This change is necessary to specify items included in the transportation infrastructure in the border region.

HR 1311 was adopted without objection.

HR 1320 - ADOPTED

(by J. Solis)

Representative J. Solis moved to suspend all necessary rules to take up and consider at this time HR 1320.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 1320, Honoring Manuel "Manny" Vela for his dedication to public service.

HR 1320 was adopted without objection.

HR 1321 - ADOPTED

(by J. Solis)

Representative J. Solis moved to suspend all necessary rules to take up and consider at this time HR 1321.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 1321, Honoring Jorge Salomon Maldonado on his 40th birthday.

HR 1321 was adopted without objection.

HR 1318 - ADOPTED

(by Ellis)

Representative Ellis moved to suspend all necessary rules to take up and consider at this time HR 1318.

The motion prevailed without objection.

The following resolution was laid before the house:

HR 1318, In memory of Everett Leonard "Len" Bishop.

HR 1318 was unanimously adopted by a rising vote.

PROVIDING FOR ADJOURNMENT

Representative Uher moved that, pending the receipt of messages from the senate, granting the requests of the senate for the appointment of conference committees, adoption of corrective resolutions, and signing bills and resolutions in the presence of the house, the house adjourn until 2 p.m. tomorrow.

The motion prevailed without objection.

(Eiland in the chair)

MESSAGE FROM THE SENATE

A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 3).

ADJOURNMENT

In accordance with a previous motion, the house, at 1:42 p.m. Sunday, May 30, adjourned until 2 p.m. today

----------------

ADDENDUM

--------------

REFERRED TO COMMITTEES

The following bills and joint resolutions were today laid before the house, read first time, and referred to committees, and the following resolutions were today laid before the house and referred to committees. If indicated, the chair today corrected the referral of the following measures:

List No. 1

HR 1206 (by Smithee), In memory of Dr. Hugh Sticksel, Jr.

To Rules & Resolutions.

HR 1207 (by Smithee), In memory of Orvil Gene "Speedy" Nieman.

To Rules & Resolutions.

HR 1214 (by Staples), Honoring Christopher Alan Gonzalez on attaining the rank of Eagle Scout.

To Rules & Resolutions.

HR 1217 (by Morrison), Congratulating Collin Gloor on reaching his five-year goal of 1,000 Accelerated Reader points at Goliad Elementary School.

To Rules & Resolutions.

HR 1218 (by Capelo), Commending George Garcia Edwards of Corpus Christi.

To Rules & Resolutions.

HR 1219 (by Capelo), Honoring Edwardo G. Ochoa, Jr., for being named a recipient of the 1999 Navy Fleet Manager of the Year Award.

To Rules & Resolutions.

HR 1220 (by Capelo), Congratulating Clarence Wayne and Betty Lou Rach of Corpus Christi on their 40th wedding anniversary.

To Rules & Resolutions.

HR 1222 (by Delisi), Congratulating the Moody Leon United Methodist Church on the dedication of its historical marker.

To Rules & Resolutions.

HR 1223 (by Merritt), Honoring Coach Lin Laursen of Central Arizona College.

To Rules & Resolutions.

HR 1224 (by Merritt), Commemorating the Great Texas Balloon Race Event in Longview on July 16-18, 1999.

To Rules & Resolutions.

HR 1225 (by Merritt), Commending Mel and Norma Gabler for their devoted service to public education in Texas.

To Rules & Resolutions.

HR 1229 (by Smithee), Commending Pedro Martinez for his selfless efforts in behalf of others.

To Rules & Resolutions.

HR 1230 (by Alvarado), In memory of Dr. Americo Paredes.

To Rules & Resolutions.

HR 1234 (by Merritt), Honoring the 1999 officers of the Colonial Dames.

To Rules & Resolutions.

HR 1237 (by Alexander), Honoring Ron Thomas Capehart for his myriad accomplishments.

To Rules & Resolutions.

HR 1243 (by Deshotel), Commending Alex Ibanez on his outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1244 (by Deshotel), Commending Brett Biggart on his outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1245 (by Deshotel), Commending Khelan Bhatia on his outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1246 (by Deshotel), Commending Ramiro Gonzalez on his outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1247 (by Deshotel), Commending Reinaldo Isturiz on his outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1248 (by Deshotel), Commending Khomotso Ngwaheng on his outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1249 (by Deshotel), Commending Jonathan O'Neal on his outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1250 (by Deshotel), Commending Sylvester Musa Shezi on his outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1251 (by Deshotel), Commending Shelley Davis on his outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1252 (by Deshotel), Commending Monica Higgins-Buckhalter on her outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1253 (by Deshotel), Commending Andrea Hickson on her outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1254 (by Deshotel), Commending Rosemary Garza on her outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1255 (by Deshotel), Commending Dawn Garrison on her outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1257 (by Deshotel), Commending Monica Epps on her outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1258 (by Cuellar), Suspending limitations on conference committee jurisdiction, H.B. 713.

To Rules & Resolutions.

HR 1260 (by Deshotel), Commending Gwendolyn Whitlock on her outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1262 (by Deshotel), Commending Nicole Streeter on her outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1263 (by Deshotel), Commending Barbara Rubin on her outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1264 (by Deshotel), Commending Stacy Thedford on her outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1266 (by Deshotel), Commending Maricella Villarreal on her outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1267 (by Deshotel), Commending Lynn White on her outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1268 (by Deshotel), Commending Shirley Collins on her outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1269 (by Deshotel), Commending Kamarah Scott on her outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1270 (by Deshotel), Commending Laura Ruiz on her outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1271 (by Deshotel), Commending Chantal King on her outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1272 (by Deshotel), Commending Eronda Johnson on her outstanding contributions as a legislative intern.

To Rules & Resolutions.

HR 1273 (by Marchant), Commending Catherine A. Ghiglieri on her tenure as Texas banking commission

To Rules & Resolutions.

HR 1274 (by Dunnam), Congratulating the Robinson High School Rockettes for winning the 1999 UIL Class 3A state softball championship.

To Rules & Resolutions.

HR 1286 (by Maxey), Honoring Cynthia Anne Bragg for her meritorious service to the office of St Representative Glen Maxey.

To Rules & Resolutions.

HR 1287 (by Maxey), Honoring Erik Paulsen for his legislative service in the office of State Representative Glen Maxey.

To Rules & Resolutions.

HR 1288 (by Maxey), Honoring Matt Watson for his distinguished legislative service.

To Rules & Resolutions.

HR 1289 (by Maxey), Commending Joanne Savage for her distinguished service as a member of Representative Glen Maxey's staff.

To Rules & Resolutions.

HR 1290 (by Maxey), Commending Eddie Rodriguez for his exemplary service as a member of State Representative Glen Maxey's staff.

To Rules & Resolutions.

HR 1291 (by Maxey), Honoring Afton Granberry for her service as a member of Representative Glen Maxey's staff.

To Rules & Resolutions.

HR 1292 (by Maxey), Honoring Robin Chandler for her legislative service.

To Rules & Resolutions.

HR 1293 (by Maxey), Honoring Melinda Puente for her dedicated service as a staff member of Representative Glen Maxey.

To Rules & Resolutions.

HR 1296 (by Gallego), In memory of Claude David Arnold, Sr.

To Rules & Resolutions.

HR 1297 (by Gallego), In memory of Humberto "Henry" Gutierrez.

To Rules & Resolutions.

HR 1298 (by Gallego), Congratulating Redford Elementary School in the Marfa Independent School District.

To Rules & Resolutions.

HR 1299 (by Clark), Urging the governor of Texas to promote Colonel John M. Elkins to the rank of Brigadier General.

To State, Federal & International Relations.

HR 1302 (by Van de Putte), Urging the Texas State Board of Pharmacy to make necessary rule changes and develop guidelines for improving working conditions in Texas pharmacies and encourage employers to follow those guidelines.

To Public Health.

SIGNED BY THE SPEAKER

The following bills and resolutions were today signed in the presence of the house by the speaker:

House List No. 70

HB 160, HB 618, HB 656, HB 749, HB 817, HB 1014, HB 1049, HB 1052, HB 1102, HB 1324, HB 1511, HB 1852, HB 1907, HB 2274, HB 2317, HB 2337, HB 2388, HB 2421, HB 2441, HB 2456, HB 2511, HB 2513, HB 2514, HB 2526, HB 2537, HB 2538, HB 2573, HB 2760, HB 2787, HB 2800, HB 2862, HB 2894, HB 2977, HB 2990, HB 3084, HB 3191, HB 3197, HB 3230, HB 3249, HB 3272, HB 3276, HB 3333, HB 3340, HB 3407, HB 3425, HB 3433, HB 3446, HB 3481, HB 3492, HB 3598, HB 3642, HB 3741, HB 3828, HB 3832, HB 3836, HB 3847, HCR 268, HCR 293, HCR 302, HCR 304, HCR 305, HCR 308

Senate List No. 34

SB 24, SB 56, SB 71, SB 74, SB 77, SB 81, SB 92, SB 100, SB 105, SB 132, SB 154, SB 191, SB 210, SB 214, SB 229, SB 272, SB 313, SB 321, SB 329, SB 335, SB 337, SB 340, SB 382, SB 396, SB 399, SB 408, SB 416, SB 420, SB 421, SB 432, SB 476, SB 481, SB 484, SB 530, SB 570, SB 571, SB 611, SB 657, SB 658, SB 686, SB 688, SB 762, SB 781, SB 788, SB 801, SB 867, SB 870, SB 901, SB 917, SB 930, SB 993, SB 997, SB 1001, SB 1007, SB 1013, SB 1073, SB 1084, SB 1089, SB 1091, SB 1097, SB 1099, SB 1175, SB 1180, SB 1184, SB 1294, SB 1301, SB 1304, SB 1354, SB 1363, SB 1428, SB 1429, SB 1434, SB 1447, SB 1472, SB 1511, SB 1613, SB 1676, SB 1819, SB 1832, SB 1833, SB 1846, SB 1884, SB 1901, SCR 12, SCR 14, SCR 21, SCR 52, SCR 72, SCR 75, SJR 10

Senate List No. 35

SB 7, SB 61, SB 153, SB 155, SB 230, SB 261, SB 338, SB 339, SB 368, SB 376, SB 383, SB 562, SB 607, SB 760, SB 779, SB 830, SB 874, SB 881, SB 964, SB 967, SB 1085, SB 1129, SB 1150, SB 1183, SB 1185, SB 1192, SB 1209, SB 1220, SB 1224, SB 1233, SB 1239, SB 1257, SB 1261, SB 1320, SB 1426, SB 1427, SB 1464, SB 1477, SB 1507, SB 1553, SB 1577, SB 1578, SB 1580, SB 1588, SB 1623, SB 1670, SB 1677, SB 1678, SB 1726, SB 1731, SB 1741, SB 1751, SB 1763, SB 1766, SB 1816, SB 1824, SB 1841, SCR 26, SCR 66, SCR 71, SCR 74, SCR 86

MESSAGES FROM THE SENATE

The following messages from the senate were today received by the house:

Message No. 1

MESSAGE FROM THE SENATE

SENATE CHAMBER

Austin, Texas

Saturday, May 29, 1999

The Honorable Speaker of the House

House Chamber

Austin, Texas

Mr. Speaker:

I am directed by the Senate to inform the House that the Senate has taken the following action:

THE SENATE HAS CONCURRED IN HOUSE AMENDMENTS TO THE FOLLOWING MEASURES:

SB 955 (viva-voce vote)

SB 1595 (30 Yeas, 0 Nays)

SB 1896 (30 Yeas, 0 Nays)

SCR 18 (viva-voce vote)

THE SENATE HAS REFUSED TO CONCUR IN HOUSE AMENDMENTS TO THE FOLLOWING MEASURES AND REQUESTS THE APPOINTMENT OF A CONFERENCE COMMITTEE TO ADJUST THE DIFFERENCES BETWEEN THE TWO HOUSES:

SB 705

Senate Conferees: Ogden - Chair/Armbrister/Bivins/Brown, J. E. "Buster"/Lucio

THE SENATE HAS GRANTED THE REQUEST OF THE HOUSE FOR THE APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING MEASURES:

HB 801

Senate Conferees: Armbrister - Chair/Brown, J. E. "Buster"/Nelson/Ratliff/Sibley

HB 1059

Senate Conferees: Barrientos - Chair/Madla/Wentworth/Whitmire/Zaffirini

HB 1861

Senate Conferees: Shapleigh - Chair/Bivins/Lucio/Madla/Shapiro

HB 1884

Senate Conferees: Harris - Chair/Brown, J. E. "Buster"/Ellis, Rodney/Madla/Wentworth

HB 2510

Senate Conferees: Shapleigh - Chair/Bernsen/Brown, J. E. "Buster"/Sibley/West, Royce

HB 2954

Senate Conferees: Brown, J. E. "Buster" - C/Armbrister/Bivins/Gallegos/Madla

THE SENATE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS:

HB 676 (viva-voce vote)

HB 1592 (viva-voce vote)

HB 1676 (viva-voce vote)

HB 1945 (30 Yeas, 0 Nays)

HB 1975 (viva-voce vote)

HB 2085 (30 Yeas, 0 Nays)

HB 2599 (viva-voce vote)

SB 177 (viva-voce vote)

SB 216 (viva-voce vote)

SB 287 (30 Yeas, 0 Nays)

SB 1207 (30 Yeas, 0 Nays)

Respectfully,

Betty King

Secretary of the Senate

Message No. 2

MESSAGE FROM THE SENATE

SENATE CHAMBER

Austin, Texas

Saturday, May 29, 1999 - 2

The Honorable Speaker of the House

House Chamber

Austin, Texas

Mr. Speaker:

I am directed by the Senate to inform the House that the Senate has taken the following action:

THE SENATE HAS GRANTED THE REQUEST OF THE HOUSE FOR THE APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING MEASURES:

HB 1703

Senate Conferees: Madla - Chair/Gallegos/Lindsay/Lucio/Nixon, Drew

HB 2434

Senate Conferees: Moncrief - Chair/Ellis, Rodney/Lindsay/Madla/Nixon, Drew

HB 3014

Senate Conferees: Bernsen - Chair/Armbrister/Cain/Jackson/Lucio

HB 3328

Senate Conferees: Madla - Chair/Bivins/Cain/Ellis, Rodney/Wentworth

HB 3457

Senate Conferees: Armbrister - Chair/Jackson/Nelson/West, Royce/Whitmire

THE SENATE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS:

HB 610 (viva-voce vote)

HB 1620 (viva-voce vote)

HB 2145 (viva-voce vote)

HB 2684 (30 Yeas, 0 Nays)

HB 2960 (viva-voce vote)

HB 3799 (30 Yeas, 0 Nays)

SB 46 (viva-voce vote)

SJR 12 (30 Yeas, 0 Nays)

THE SENATE HAS TAKEN THE FOLLOWING OTHER ACTION:

HB 3158

Motion to grant the request of the House for a conference committee--failed

Respectfully,

Betty King

Secretary of the Senate

Message No. 3

MESSAGE FROM THE SENATE

SENATE CHAMBER

Austin, Texas

Saturday, May 29, 1999 - 3

The Honorable Speaker of the House

House Chamber

Austin, Texas

Mr. Speaker:

I am directed by the Senate to inform the House that the Senate has taken the following action:

THE SENATE HAS PASSED THE FOLLOWING MEASURES:

HCR 37 Telford SPONSOR: Ratliff

In memory of Norman Nagle Moser.

HCR 159 Telford SPONSOR: Ratliff

Commending the Atlanta Independent School District on the occasion of its 125th anniversary.

HCR 257 Telford SPONSOR: Ratliff

Recognizing May 4, 1999, as Texarkana Day at the State Capitol.

THE SENATE HAS CONCURRED IN HOUSE AMENDMENTS TO THE FOLLOWING MEASURES:

SB 824 (30 Yeas, 0 Nays)

SB 844 (viva-voce vote)

SB 875 (30 Yeas, 0 Nays)

SB 1130 (viva-voce vote)

SB 1563 (viva-voce vote)

SB 1650 (30 Yeas, 0 Nays)

SB 1651 (30 Yeas, 0 Nays)

SB 1866 (30 Yeas, 0 Nays)

THE SENATE HAS GRANTED THE REQUEST OF THE HOUSE FOR THE APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING MEASURES:

HB 143

Senate Conferees: West, Royce - Chair/Cain/Ellis, Rodney/Madla/Moncrief

HB 485

Senate Conferees: Madla - Chair/Lindsay/Lucio/Moncrief/Nixon, Drew

HB 628

Senate Conferees: Shapiro - Chair/Fraser/Jackson/Nelson/West, Royce

HB 1188

Senate Conferees: Shapiro - Chair/Armbrister/Duncan/Fraser/Nelson

HB 2553

Senate Conferees: Bivins - Chair/Cain/Jackson/Lucio/Sibley

THE SENATE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS:

HB 1362 (viva-voce vote)

HB 1865 (viva-voce vote)

THE SENATE HAS RECOMMITTED THE FOLLOWING MEASURES TO CONFERENCE COMMITTEE:

HB 1799

Respectfully,

Betty King

Secretary of the Senate

----------------

APPENDIX

--------------

ENROLLED

May 28 - HB 1, HB 23, HB 160, HB 508, HB 550, HB 618, HB 656, HB 747, HB 749, HB 817, HB 836, HB 962, HB 964, HB 1014, HB 1049, HB 1052, HB 1064, HB 1102, HB 1111, HB 1168, HB 1322, HB 1324, HB 1328, HB 1379, HB 1420, HB 1511, HB 1542, HB 1571, HB 1654, HB 1655, HB 1697, HB 1743, HB 1754, HB 1764, HB 1798, HB 1805, HB 1847, HB 1852, HB 1874, HB 1876, HB 1907, HB 1921, HB 1956, HB 1976, HB 2009, HB 2017, HB 2019, HB 2032, HB 2034, HB 2035, HB 2049, HB 2172, HB 2207, HB 2220, HB 2252, HB 2253, HB 2260, HB 2265, HB 2269, HB 2272, HB 2274, HB 2275, HB 2300, HB 2317, HB 2337, HB 2388, HB 2394, HB 2397, HB 2408, HB 2415, HB 2421, HB 2429, HB 2441, HB 2455, HB 2456, HB 2469, HB 2511, HB 2513,

HB 2514, HB 2522, HB 2526, HB 2536, HB 2537, HB 2538, HB 2539, HB 2563, HB 2572, HB 2573, HB 2574, HB 2655, HB 2706, HB 2711, HB 2729, HB 2754, HB 2758, HB 2759, HB 2760, HB 2764, HB 2769, HB 2781, HB 2785, HB 2787, HB 2795, HB 2800, HB 2806, HB 2819, HB 2822, HB 2842, HB 2853, HB 2856, HB 2862, HB 2869, HB 2873, HB 2879, HB 2890, HB 2892, HB 2894, HB 2898, HB 2920, HB 2977, HB 2990, HB 3084, HB 3125, HB 3178, HB 3185, HB 3191, HB 3197, HB 3230, HB 3249, HB 3257, HB 3262, HB 3265, HB 3272, HB 3276, HB 3277, HB 3285, HB 3333, HB 3340, HB 3343, HB 3355, HB 3401, HB 3407, HB 3425, HB 3433, HB 3446, HB 3447, HB 3448, HB 3450, HB 3451, HB 3452, HB 3458, HB 3463, HB 3481, HB 3492, HB 3598, HB 3604, HB 3616, HB 3641, HB 3642, HB 3656, HB 3696, HB 3741, HB 3780, HB 3786, HB 3804, HB 3822, HB 3823, HB 3825, HB 3826, HB 3827, HB 3828, HB 3832, HB 3836, HB 3838, HB 3845, HB 3847, HB 3849, HB 3854, HCR 96, HCR 178, HCR 268, HCR 277, HCR 293, HCR 302, HCR 304, HCR 305, HCR 306, HCR 308

SENT TO THE GOVERNOR

May 28 - HB 59, HB 89, HB 98, HB 108, HB 116, HB 163, HB 213, HB 243, HB 245, HB 261, HB 269, HB 318, HB 319, HB 351, HB 580, HB 652, HB 668, HB 703, HB 714, HB 722, HB 729, HB 734, HB 756, HB 780, HB 804, HB 806, HB 834, HB 861, HB 916, HB 926, HB 953, HB 965, HB 969, HB 1027, HB 1066, HB 1070, HB 1078, HB 1082, HB 1086, HB 1097, HB 1100, HB 1103, HB 1137, HB 1148, HB 1159, HB 1176, HB 1184, HB 1211, HB 1217, HB 1219, HB 1224, HB 1333, HB 1337, HB 1350, HB 1353, HB 1354, HB 1374, HB 1425, HB 1432, HB 1436, HB 1491, HB 1510, HB 1517, HB 1522, HB 1538, HB 1545, HB 1562, HB 1563, HB 1575, HB 1583, HB 1586, HB 1604, HB 1616, HB 1924, HB 2059, HB 2109, HB 2135, HB 2146, HB 2151, HB 2152, HB 2162, HB 2164, HB 2166, HB 2201, HB 2281, HB 2547, HB 2663, HB 2915, HB 2941, HB 2968, HB 2971, HB 3059, HB 3159, HB 3204, HB 3207, HB 3324, HB 3342, HB 3809, HCR 265, HCR 288, HCR 289, HCR 298, HCR 300, HCR 301

SIGNED BY THE GOVERNOR

May 28 - HB 32, HB 81, HB 330, HB 340, HB 341, HB 381, HB 504, HB 579, HB 664, HB 732, HB 871, HB 985, HB 1031, HB 1037, HB 1141, HB 1145, HB 1431, HB 1506, HB 1520, HB 1574, HB 1581, HB 1625, HB 1677, HB 1707, HB 1715, HB 1722, HB 1732, HB 1748, HB 1838, HB 2108, HB 2176, HB 2555, HB 2809, HB 2827, HB 2866, HB 3023, HB 3226, HB 3568, HCR 102, HCR 133, HCR 235, HCR 236, HCR 237, HCR 264, HCR 292

VETOED BY THE GOVERNOR

May 28 - HB 2107

.