SEVENTY-EIGHTH LEGISLATURE, REGULAR SESSION
PROCEEDINGS
SEVENTIETH DAY — FRIDAY, MAY 16, 2003
The house met at 9 a.m. and was called to order by the speaker.
The roll of the house was called and a quorum was announced present (Recordi623).
Present — Mr. Speaker; Allen; Alonzo; Bailey; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Campbell; Canales; Casteel; Castro; Chavez; Chisum; Christian; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Ellis; Farabee; Farrar; Flores; Flynn; Gallego; Garza; Gattis; Geren; Goodman; Goolsby; Griggs; Grusendorf; Gutierrez; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Heflin; Hegar; Hilderbran; Hill; Hochberg; Hodge; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Jones, E.; Jones, J.; Keel; Keffer, B.; Keffer, J.; King; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Lewis; Luna; Mabry; Madden; Marchant; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Mercer; Merritt; Miller; Moreno, J.; Morrison; Mowery; Naishtat; Nixon; Noriega; Olivo; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna; Riddle; Ritter; Rodriguez; Rose; Seaman; Smith, T.; Smith, W.; Solis; Solomons; Stick; Swinford; Talton; Taylor; Telford; Thompson; Truitt; Turner; Uresti; Van Arsdale; Villarreal; West; Wilson; Wise; Wohlgemuth; Wong; Woolley; Zedler.
Absent — Capelo; Escobar; Giddings; Guillen; Moreno, P.; Oliveira; Smithee; Wolens.
The invocation was offered by Reverend Cheryl Owens, pastor, First United Methodist Church, Bandera, as follows:
Creator God, we are fearfully and wonderfully made. By your creative power you formed each of us with a purpose for life and passion for discovering that purpose. Indeed, for each member of the house of representatives, you have given special and unique gifts of leadership and service.
Today, we pray for those whom the people have chosen to lead the State of Texas. Lord, we acknowledge that often it is not easy for them to lead such a diverse people, whose many wants cannot all be satisfied. Often it is not easy to discern which actions will produce the greatest good for the greatest number. It is not easy to bear the extraordinary pressures in the complex world of politics.
Assist our elected leaders. Bless them with the stamina and wisdom to know what is right and honorable in your sight and the integrity to use their power for good. Grant our state a succession of lawmakers who have learned
how to do justice, love mercy, and walk humbly before you. Send your blessings upon each representative here today as they work together in leading this state and its people with vision and hope for a future that is bright with promise. God, bless Texas. Amen.CAPITOL PHYSICIAN
The speaker recognized Representative Truitt who presented Dr. Justin Bartos of Keller as the "Doctor for the Day."
The house welcomed Dr. Bartos and thanked him for his participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians.
(P. Moreno now present)
REGULAR ORDER OF BUSINESS SUSPENDED
On motion of Representative Edwards and by unanimous consent, the reading and referral of bills was postponed until just prior to adjournment.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today because of illness:
Oliveira on motion of Puente.
(Escobar now present)
HR 1205 - ADOPTED
(by Noriega)
Representative Noriega moved to suspend all necessary rules to take up and consider at this time HRi1205.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1205, Commemorating Armed Forces Day, May 17, 2003.
HR 1205 was adopted without objection.
On motion of Representative Wise, the names of all the members of the house were added to HRi1205 as signers thereof.
(Capelo now present)
INTRODUCTION OF GUESTS
The speaker recognized Representative Berman who introduced members of the Armed Forces.
MESSAGES FROM THE SENATE
Messages from the senate were received at this time (see the addendum to the daily journal, Messages from the Senate, Message Nos. 1, 2, 3, and 4).
(Edwards in the chair)
3040 78th LEGISLATURE — REGULAR SESSION
HR 1147 - ADOPTED
(by Geren)
Representative Geren moved to suspend all necessary rules to take up and consider at this time HRi1147.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1147, Honoring Preston and Colleen Geren of Fort Worth on their 50th wedding anniversary.
HR 1147 was adopted without objection.
HR 7 - ADOPTED
(by Mercer)
Representative Mercer moved to suspend all necessary rules to take up and consider at this time HRi7.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 7, Honoring the memory of Norma Paschal for her many years of service to the children of the Schertz-Cibolo-Universal City Independent School District.
HR 7 was unanimously adopted by a rising vote.
(Speaker in the chair)
HCR 153 - ADOPTED
(by Truitt)
Representative Truitt moved to suspend all necessary rules to take up and consider at this time HCRi153.
The motion prevailed without objection.
The following resolution was laid before the house:
HCR 153, Congratulating the Southlake Carroll High School football team on winning the 2002 UIL Class 5A, Division II, state championship.
HCR 153 was adopted without objection.
HR 1107 - ADOPTED
(by Wong)
Representative Wong moved to suspend all necessary rules to take up and consider at this time HRi1107.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1107, Congratulating Shirley Warshaw of Houston on her receipt of the David H. White Memorial Award.
HR 1107 was adopted without objection.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3041
HR 1166 - ADOPTED
(by Wong)
Representative Wong moved to suspend all necessary rules to take up and consider at this time HRi1166.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1166, Honoring Connie Riddle as Mother of the Year by the Houston Chapter of the Texas Mothers Association.
HR 1166 was adopted without objection.
HR 1167 - ADOPTED
(by Wong)
Representative Wong moved to suspend all necessary rules to take up and consider at this time HRi1167.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1167, Honoring Harry Grenader, Roy Love, and Harry Pepper on their induction into the Ronnie Arrow Jewish Sports Hall of Fame.
HR 1167 was adopted without objection.
HR 1168 - ADOPTED
(by Wong)
Representative Wong moved to suspend all necessary rules to take up and consider at this time HRi1168.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1168, Congratulating Rob Mosbacher for earning Leadership Houston's Distinguished Leadership Award.
HR 1168 was adopted without objection.
HR 1169 - ADOPTED
(by Wong)
Representative Wong moved to suspend all necessary rules to take up and consider at this time HRi1169.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1169, Honoring the life of Michelle Lynn Rothwell of Houston.
HR 1169 was adopted without objection.
3042 78th LEGISLATURE — REGULAR SESSION
HR 1170 - ADOPTED
(by Wong)
Representative Wong moved to suspend all necessary rules to take up and consider at this time HRi1170.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1170, Congratulating the Port of Houston Authority on winning a 2003 Texas Environmental Excellence Award.
HR 1170 was adopted without objection.
HR 1171 - ADOPTED
(by Wong)
Representative Wong moved to suspend all necessary rules to take up and consider at this time HRi1171.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1171, In memory of Christopher Albert Kaeppel of Houston.
HR 1171 was adopted without objection.
HR 1172 - ADOPTED
(by Wong)
Representative Wong moved to suspend all necessary rules to take up and consider at this time HRi1172.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1172, Honoring Dr. Peggy B. Smith of Houston on receiving the Kezia DePelchin Award.
HR 1172 was adopted without objection.
HR 1206 - ADOPTED
(by Alonzo)
Representative Alonzo moved to suspend all necessary rules to take up and consider at this time HRi1206.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1206, Recognizing the second annual National LULAC Education Summit at The University of Texas at Arlington on May 17, 2003.
HR 1206 was adopted without objection.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3043
HR 1113 - ADOPTED
(by Gallego)
Representative Gallego moved to suspend all necessary rules to take up and consider at this time HRi1113.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1113, Commending CBS News correspondent Jim Axelrod for his coverage of Operation Iraqi Freedom.
HR 1113 was adopted without objection.
HR 1207 - ADOPTED
(by Goolsby)
Representative Goolsby moved to suspend all necessary rules to take up and consider at this time HRi1207.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1207, Honoring Andre P. Juneau of Austin as the outgoing president of Independent Insurance Agents of Texas.
HR 1207 was adopted without objection.
HR 1194 - ADOPTED
(by Hamric and Luna)
Representative Hamric moved to suspend all necessary rules to take up and consider at this time HRi1194.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1194, Honoring the memory of our esteemed colleague, State Representative Irma Rangel.
HR 1194 was unanimously adopted by a rising vote.
On motion of Representative Goolsby, the names of all the members of the house were added to HRi1194 as signers thereof.
(Edwards in the chair)
HCR 254 - ADOPTED
(by Wong)
Representative Wong moved to suspend all necessary rules to take up and consider at this time HCRi254.
The motion prevailed without objection.
The following resolution was laid before the house:
3044 78th LEGISLATURE — REGULAR SESSION
HCR 254, Recognizing the Museum of American Music History-Texas as the official Texas Museum of American Music History.
HCR 254 was adopted without objection.
CONGRATULATORY AND MEMORIAL CALENDAR
The following congratulatory resolutions were laid before the house:
HCR 212 (by Lewis), Congratulating the Area II participants in the Fort Worth Independent School District's 2002 spelling bee contest.
HCR 213 (by Lewis), Honoring Monica DeSantiago and Arthur Moore, Area II champion and runner-up in the Fort Worth Independent School District 2003 spelling bee.
HCR 214 (by Lewis), Honoring Alexis Whiteside and Shonte Roberts for their achievements in the Fort Worth Independent School District 2003 spelling bee.
HCR 215 (by Lewis), Honoring Vanessa Norris and James Kemp, Area III champion and runner-up in the Fort Worth Independent School District 2003 spelling bee.
HCR 216 (by Lewis), Congratulating the Area III participants in the Fort Worth Independent School District's 2002 spelling bee contest.
HCR 217 (by Lewis), Congratulating the Fort Worth Ambassadors of Christ Christian Academy boys' basketball team on winning the 2002-2003 TAPPS Class 1A state title.
HCR 234 (by Lewis), Honoring Morningside Elementary School as a "recognized school."
HCR 235 (by Lewis), Honoring Harlean Beal Elementary School as a "recognized school."
HCR 236 (by Lewis), Honoring Mitchell Boulevard Elementary School as a "recognized school."
HCR 237 (by Lewis), Honoring Christene Moss Elementary School as a "recognized school."
HCR 238 (by Lewis), Honoring A. M. Pate Elementary School as a "recognized school."
HCR 239 (by Lewis), Honoring David K. Sellars Elementary School as a "recognized school."
HCR 240 (by Lewis), Honoring Maudrie Walton Elementary School as a "recognized school."
HCR 241 (by Lewis), Honoring Van Zandt-Guinn Elementary School as an "exemplary school."
HCR 242 (by Lewis), Honoring East Handley Elementary School as an "exemplary school."
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3045
HCR 243 (by Lewis), Honoring Edward J. Briscoe Elementary School as an "exemplary school."
HCR 244 (by Lewis), Congratulating Deralyn Riles Davis of Fort Worth on the 50th anniversary of her graduation from Huston-Tillotson College.
HR 6 (by Deshotel), Congratulating Jerry LeVias on his athletic accomplishments.
HR 825 (by Chavez), Honoring Dr. David R. Smith for his service in behalf of the Texas Tech University Health Sciences Center at El Paso.
HR 838 (by Hunter), Honoring Paul Carrozza of Austin, owner of RunTex.
HR 839 (by Hunter), Honoring Kevin Pyeatt of Abilene for being named Officer of the Year by the Abilene Crime Stoppers organization.
HR 840 (by Farrar), Honoring Texas artist Dixie Friend Gay.
HR 842 (by Krusee), Honoring Dr. Ernie W. Laurence, Sr., on his retirement as superintendent of Hutto Independent School District.
HR 848 was withdrawn.
HR 856 (by J. Jones), Honoring Myrtis Evans Griffin for her selection as one of the "Women of the Year–2003" in conjunction with Women's History Month in Dallas.
HR 862 (by Pitts), Honoring TXI for being named to Fortune magazine's list of "America's Most Admired Companies."
HR 864 (by Pitts), Honoring ARCHITEXAS on its 25th anniversary.
HR 865 was withdrawn.
HR 887 (by Merritt), Honoring Nancy Grisham on being named the 2003 First Lady of Kilgore.
HR 888 (by Gallego), Honoring Doug Davalos of Sul Ross State University on being named American Southwest Conference West Division Coach of the Year.
HR 894 (by Hill), Honoring Edith Tyloch of North Dallas for her contributions to her community.
HR 897 (by Truitt), Congratulating Brenda and Vern Jackson of Tarrant County on receiving a 2003 STARS award.
HR 898 (by Hamilton), Congratulating Advertising Associates of Beaumont on its 35th anniversary.
HR 899 was withdrawn.
HR 910 (by Crownover), Honoring University of North Texas students who received Barry M. Goldwater Scholarships.
HR 918 (by Peña and Gutierrez), Commending members of the Edinburg Volunteer Fire Department.
3046 78th LEGISLATURE — REGULAR SESSION
HR 927 (by Chavez), Honoring the El Paso Holocaust Museum and Study Center.
HR 928 (by Chavez), Honoring John T. Montford for his contributions to the Texas Tech University Health Sciences Center.
HR 933 (by P. Moreno), Honoring Blanca Enriquez of El Paso for her appointment to the advisory board of the National Institute for Literacy.
HR 934 (by P. Moreno), Honoring Robert Aguilar of El Paso on being named assistant principal of Glen Cove Elementary School.
HR 942 (by Truitt), Congratulating Lou Baum of Tarrant County on his receipt of a 2003 STARS award.
HR 945 (by Flores), Congratulating Texas State Bank on its selection as the corporate recipient of the 2003 Governor's Volunteer Award.
HR 948 (by Hamilton), Honoring the First Presbyterian Church of Orange on its 125th anniversary.
HR 949 (by Hamilton), Recognizing the historical significance of the Wilson Chapel Cemetery near Newton.
HR 951 (by Bohac), Honoring Carlos Gonzalez on his 80th birthday.
HR 952 (by Bohac), Congratulating Benno and Ruby Bauer of Kerrville on their 60th wedding anniversary.
HR 954 (by R. Cook), Honoring Randy Bacus, CEO of the Colorado-Fayette Medical Center in Weimar, for his service to rural Texans.
HR 961 (by Guillen), Honoring Renato Ramirez of Zapata for his commitment to his community.
HR 967 (by Wilson), Honoring Virgil E. and Eartha Mae Rogers of Tyler on their 65th wedding anniversary.
HR 968 (by Wilson), Congratulating Christina and Terry Lawell of Houston on the birth of their daughter, Rachel Nichole Lawell.
HR 975 (by Wolens), Honoring former State Representative Hill Kemp on the publication of his novel, Capitol Offense.
HR 988 (by Raymond), Honoring Charlie Rendon of Laredo as state powerlifting champion.
HR 989 (by Raymond), Honoring Ignacio Garcia on his retirement from Buenos Aires Elementary School.
HR 990 (by Griggs), Honoring Allen Norman on his retirement from Birdville Independent School District.
HR 991 (by Hope), Honoring Bill Gaines of Montgomery on his retirement from the Texas Department of Criminal Justice.
HR 992 (by Hope), Congratulating the Montgomery County Performing Arts Society on its 25th anniversary.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3047
HR 995 (by Baxter), Honoring Lisa Waller Rogers for receiving a Western Heritage Award for her book The Great Storm: The Hurricane Diary of J.T. King.
HR 1015 (by Hunter), Congratulating George Newman on his recent selection as Taylor County judge.
HR 1017 (by Pitts), Congratulating Michelle Carter of Red Oak High School on setting a new high school outdoor national record in the shot put.
HR 1019 (by Pitts), Congratulating Phil Hatlen on receiving the Distinguished Service Award from the Council for Exceptional Children's Division on Visual Impairments.
HR 1021 (by Christian), Honoring Charles Gee of Jasper for his many years of service to the State of Texas.
The resolutions were adopted without objection.
(Guillen now present)
(Speaker pro tempore in the chair)
BILLS ADDED TO LOCAL, CONSENT, AND
RESOLUTIONS CALENDAR
On motion of Representative Reyna and by unanimous consent, HB 1251, HB 1628, HB 1826, HB 2677, HB 2930, and HB 2951 were added to the local, consent, and resolutions calendar taken up today that was set for Tuesday, Mayi13.
The motion prevailed without objection.
HR 1161 - ADOPTED
(by Geren)
Representative Geren moved to suspend all necessary rules to take up and consider at this time HRi1161.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1161, Honoring Jenkins and Virginia Garrett for winning the 2003 Award for Excellence in Preserving History from the Texas Historical Commission.
HR 1161 was adopted without objection.
INTRODUCTION OF GUESTS
The chair recognized Representative Geren who introduced Jenkins and Virginia Garrett.
3048 78th LEGISLATURE — REGULAR SESSION
LOCAL, CONSENT, AND RESOLUTIONS CALENDAR
SECOND READING
The following bills were laid before the house, read second time, and passed to third reading, and the following resolutions were laid before the house on committee report and adopted (members registering votes are shown following the caption):
CSHB 3157 (by Bonnen), A bill to be entitled An Act relating to the regulation of the disposal of solid waste.
CSHB 2819 (by Driver and Reyna), A bill to be entitled An Act relating to the confidentiality of certain home address information held by a tax appraisal district.
CSHB 124 (by Burnam), A bill to be entitled An Act relating to property insurance coverage for certain jewelry.
HB 145 (by Solomons), A bill to be entitled An Act relating to workers' compensation dispute resolution.
Amendment No. 1
Representative Solomons offered the following amendment to HBi145:
Amend HB 145 as follows:
On page 2, line 5, strike "and any other remedy provided by law.".
Amendment No. 1 was adopted without objection.
CSHB 404 (by Madden and Gattis), A bill to be entitled An Act relating to the participation of a judge at a political party convention.
CSHB 445 (by Talton), A bill to be entitled An Act relating to the filing of a recusal motion in a proceeding involving a temporary guardianship.
CSHB 461 (by Gallego), A bill to be entitled An Act relating to the assignment of certain retired or former judges as visiting judges.
CSHB 650 (by Campbell), A bill to be entitled An Act relating to the expiration or reduction in value of a gift certificate.
CSHB 923 (by Eiland), A bill to be entitled An Act relating to special license plates to aid the recovery, rehabilitation, and release of stranded marine mammals.
CSHB 926 (by Eiland), A bill to be entitled An Act relating to special license plates benefiting the State of Texas Anniversary Remembrance (STAR) Day Foundation.
HB 1114 (by J. Moreno), A bill to be entitled An Act relating to the criminal offense of selling an alcoholic beverage to certain persons.
CSHB 1230 (by Elkins), A bill to be entitled An Act relating to risk management services for employees of community supervision and corrections departments.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3049
HB 1432 (by Dukes), A bill to be entitled An Act relating to the inspection of newly installed manufactured housing.
CSHB 1465 (by Hartnett), A bill to be entitled An Act relating to a hearing on certain unclaimed property determinations.
CSHB 1497 (by Dutton), A bill to be entitled An Act relating to the adoption of an adult.
CSHB 1504 (by Rose), A bill to be entitled An Act relating to notification provided by physicians to students and parents or guardians of students who participate in extracurricular sports activities sponsored or sanctioned by the University Interscholastic League.
Amendment No. 1
Representative Rose offered the following amendment to CSHBi1504:
Amend CSHB 1504 (House Committee Printing) as follows:
(1)iiOn page 1, lines 9 and 10, strike "PHYSICIAN CONCERNING CERTAIN INJURIES" and substitute "CERTAIN HEALTH CARE PROFESSIONALS CONCERNING INJURIES RESULTING FROM HEAD TRAUMA".
(2)iiOn page 1, line 10, between "physician" and "who", insert ", physician's assistant, nurse practitioner, or chiropractor".
(3)iiOn page 1, line 15, strike "and".
(4)iiOn page 1, line 16, between the comma and "that", insert "and the University Interscholastic League,".
(5)iiOn page 1, line 21, between "physician" and "who", insert ", physician's assistant, nurse practitioner, or chiropractor".
Amendment No. 1 was adopted without objection.
(Wolens now present)
HB 1525 (by Thompson), A bill to be entitled An Act relating to certain small face amount life insurance policies.
Amendment No. 1 (Committee Amendment No. 1)
On behalf of Representative Eiland, Representative Thompson offered the following committee amendment to HBi1525:
Amend HB 1525 as follows:
(1) on page 2 by striking lines 12 through 18 and substituting the following:
"Sec 1101.203. DISCLOSURE REQUIREMENTS. (a) An insurer subject to this subchapter shall provide disclosure if at any point in time over the term of the policy the cumulative premiums paid may exceed the face amount of the policy at that point in time. The required disclosure shall be provided to the policy owner or certificate holder no later than at the time the policy or certificate is delivered. The disclosure shall not be attached to the policy, but may be delivered with the policy."; and,
(2) on page 2 by deleting Subsection (c) on lines 26 and 27.
Amendment No. 1 was adopted without objection.
3050 78th LEGISLATURE — REGULAR SESSION
CSHB 1660 (by Flores), A bill to be entitled An Act relating to a report to the legislature regarding the installation and operation of video camera surveillance systems in county jails.
CSHB 1777 (by Dawson), A bill to be entitled An Act relating to allowing a political subdivision other than a county to change the date of its general election.
CSHB 1823 (by Hamric), A bill to be entitled An Act relating to financial assurance for certain solid waste processing facilities.
HB 1828 (by Farabee), A bill to be entitled An Act relating to the name and use of the graffiti eradication fund.
CSHB 1905 (by Farrar), A bill to be entitled An Act relating to the records management and preservation fee collected by a district clerk.
CSHB 1913 (by Phillips), A bill to be entitled An Act relating to the issuance of Smile Texas Style license plates to benefit the Texas Dental Association Financial Services.
CSHB 1930 (by Capelo), A bill to be entitled An Act relating to certain fees and administrative penalties applicable to emergency medical services providers.
HB 2005 (by J. Moreno), A bill to be entitled An Act relating to the requirements for certain alcoholic beverage licenses and permits.
CSHB 2075 (by Hilderbran), A bill to be entitled An Act relating to regulating health and safety conditions at youth camps.
CSHB 2095 (by R. Cook), A bill to be entitled An Act relating to provision of workers' compensation insurance coverage through a certified self-insurance group; providing penalties.
CSHB 2117 (by F. Brown), A bill to be entitled An Act relating to protecting students and employees at an institution of higher education from threatened acts of violence.
CSHB 2180 (by Baxter), A bill to be entitled An Act relating to the computation of charges assessed against a tenant in certain commercial leases.
Representative Baxter moved to postpone consideration of CSHBi2180 until the end of the local and consent calendar.
The motion prevailed without objection.
CSHB 2198 (by Solomons), A bill to be entitled An Act relating to the certification of maximum medical improvement and the impairment rating assigned to an employee in a claim for workers' compensation benefits.
HB 2255 (by Flores), A bill to be entitled An Act relating to the payment of deferred taxes on certain agricultural land.
HB 2323 (by McReynolds), A bill to be entitled An Act relating to the transfer of certain suits regarding workers' compensation claims.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3051
CSHB 2424 (by McCall), A bill to be entitled An Act relating to technical changes to taxes and fees administered by the comptroller; providing penalties.
CSHB 2428 (by F. Brown), A bill to be entitled An Act relating to education requirements for vocational nurses.
HB 2444 (by West), A bill to be entitled An Act relating to certain purchases by the Railroad Commission of Texas.
CSHB 2540 (by Menendez), A bill to be entitled An Act relating to granting a defense base development authority the power of eminent domain.
HB 2544 (by Bonnen), A bill to be entitled An Act relating to certain requirements imposed on a sex offender who enters the premises of a school.
CSHB 2562 (by Rose), A bill to be entitled An Act relating to persons eligible for burial in the State Cemetery. (Heflin and Madden recorded voting no)
HB 2579 (by Goolsby), A bill to be entitled An Act relating to the extended hours of sale for mixed beverages and beer in certain counties. (Berman, Bohac, B. Brown, B. Cook, Crabb, Flynn, Howard, D. Jones, Phillips, Riddle, and Van Arsdale recorded voting no)
CSHB 2599 (by Stick), A bill to be entitled An Act relating to the creation of an appellate judicial system for the Third Court of Appeals District.
SB 1895 (Coleman - House Sponsor), in lieu of HB 2608, A bill to be entitled An Act relating to the duration of a lease for municipal civic center property.
Amendment No. 1 (Committee Amendment No. 1)
On behalf of Representative Menendez, Representative Coleman offered the following committee amendment to SBi1895:
Amend SB 1895 in SECTION 1 of the bill (engrossed version page 1, line 8), by striking "1.9" and substituting "1".
Amendment No. 1 was adopted without objection.
Representative Coleman moved to lay HBi2608 on the table subject to call.
The motion prevailed without objection.
HB 2702 (by J. Keffer), A bill to be entitled An Act relating to immunization programs.
CSHB 2751 (by Hegar), A bill to be entitled An Act relating to changes in driving safety courses conducted through the Internet.
CSHB 2801 (by Giddings), A bill to be entitled An Act relating to urban land bank demonstration programs.
Amendment No. 1
On behalf of Representatives Giddings and Talton, Representative Reyna offered the following amendment to HBi2801:
Amend HB 2801 in the following manner:
3052 78th LEGISLATURE — REGULAR SESSION
Amend SECTION 1 by inserting after the word "plan" on Page 9, Line 17, the following:
"and must comply with the restrictions set forth in subsections (b), (c), and (d)".
Amendment No. 1 was adopted without objection.
HB 2844 (by Casteel), A bill to be entitled An Act relating to the exemption from the requirement that a person register as a property tax consultant to perform certain property tax consulting services.
CSHB 2856 (by Farrar), A bill to be entitled An Act relating to certain fees collected by a domestic relations office.
CSHB 2915 (by Wise), A bill to be entitled An Act relating to the nonprofit organizations qualified to finance certain guaranteed student loans.
CSHB 2923 (by Marchant), A bill to be entitled An Act relating to jury service.
CSHB 3009 (by Capelo), A bill to be entitled An Act relating to certain advance directives for medical treatment and medical treatment decisions.
CSHB 3035 (by R. Cook), A bill to be entitled An Act relating to the power of groundwater conservation districts to regulate the spacing of water wells and the production of groundwater.
HB 3062 was withdrawn.
HB 3103 (by Garza), A bill to be entitled An Act relating to re-codification issues and the deletion of outdated statutes.
CSHB 3139 (by Wilson), A bill to be entitled An Act relating to delivery sales of cigarettes; providing penalties.
CSHB 3167 (by Goolsby, et al.), A bill to be entitled An Act relating to filing fees for certain types of actions.
Amendment No. 1
Representative Goolsby offered the following amendment to CSHBi3167:
Amend CSHB 3167 as follows:
(1)iiOn page 1, strike lines 11-13 and substitute the following:
(1)iiexcept as provided by Subsection (b-1), for filing a suit, including
an appeal from an inferior court [and for filing a petition for preconviction writ of
habeas corpus] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50i[$45]
(2)iiOn page 2, strike lines 9-11 and substitute the following:
SECTIONi2.iiThis Act takes effect September 1, 2003. Section 51.317(b), Government Code, as amended by this Act, and Section 51.317(b-1), Government Code, as added by this Act, apply only to a fee that becomes due on or after September 1, 2003.
Amendment No. 1 was adopted without objection.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3053
CSHB 3209 (by Heflin, Hunter, Puente, Giddings, and Wise), A bill to be entitled An Act relating to the amount of financial assistance a student may receive under the TEXAS grant and tuition equalization grant programs.
CSHB 3264 (by Hunter), A bill to be entitled An Act relating to the prevention of childhood lead poisoning.
HB 3308 (by Capelo), A bill to be entitled An Act relating to the payment of wages through a direct deposit plan.
HB 3552 (by Gallego, P. Moreno, Luna, Solis, Chavez, et al.), A bill to be entitled An Act relating to naming the school of pharmacy at Texas A&M University-Kingsville after Irma Rangel.
CSHB 3565 (by Keel), A bill to be entitled An Act relating to the creation, administration, powers, duties, operation, and financing of the Lazy Nine Municipal Utility District.
CSHB 3567 (by R. Cook), A bill to be entitled An Act relating to the number and method of electing directors of the Coastal Bend Groundwater Conservation District.
CSHB 3573 (by J. Davis), A bill to be entitled An Act relating to the creation of the Baybrook Management District; providing the authority to impose taxes and issue bonds.
HB 3583 (by Goodman and T. Smith), A bill to be entitled An Act relating to the creation of the Great Southwest Improvement District; providing authority to impose a tax and issue bonds.
Amendment No. 1 (Committee Amendment No. 1)
On behalf of Representative Lewis, Representative Goodman offered the following committee amendment to HBi3583:
Amend HB 3583 as follows:
(1)iiOn page 38, line 10, strike "Code, or" and substitute "Code, of a telecommunications provider as defined by Section 51.002, Utilities Code, or".
(2)iiOn pages 39-40, strike SECTION 25(a) of the bill and substitute the following:
(a)iiThe initial board consists of the following persons:
Pos. No. Name of Director
1 Jeff Williams
2 Jerry Jordan
3 Dirk Taylor
4 Kevin Santaularia
5 Mark Skinner
6 Bennett Carter
7 Knute Klingen
8 Ken McCall
9 Dennis Brown
Amendment No. 1 was adopted without objection.
3054 78th LEGISLATURE — REGULAR SESSION
HB 3584 (by Swinford), A bill to be entitled An Act relating to the Moore County Juvenile Board.
SB 1887 (Nixon - House Sponsor), in lieu of HB 3585, A bill to be entitled An Act relating to the board of directors and the powers and duties of the Westchase Area Management District.
Representative Wong moved to lay HBi3585 on the table subject to call.
The motion prevailed without objection.
HB 3612 (by R. Cook), A bill to be entitled An Act relating to the creation, administration, powers, duties, operation, and financing of the Garfield Municipal Utility District No. 1.
HCR 89 (by Krusee), Designating Hutto as the official Hippo Capital of Texas.
HCR 90 (by Eissler), Memorializing Congress to expand the medical savings account program to allow states to design such programs for their employees.
HCR 92 (by Quintanilla and Haggerty), Designating the sopaipilla as the official State Pastry of Texas.
Amendment No. 1 (Committee Amendment No. 1)
On behalf of Representative Hilderbran, Representative Quintanilla offered the following committee amendment to HCRi92:
Amend HCR 92 as follows:
(1) On page 2, line 21, between "Texas" and the period insert "until January 31, 2005"
Amendment No. 1 was adopted without objection.
Amendment No. 2
On behalf of Representative Casteel, Representative Quintanilla offered the following amendment to HCRi92:
Amend HCR 92 as follows:
(1) On page 1, line 10, strike "sopaipilla is one of the" and substitute "sopaipilla and strudel are some of the".
(2) On page 1, line 12, between "sopaipilla" and "is", insert "and strudel".
(3) On page 2, line 9, strike "sopaipilla is" and substitute "sopaipilla and strudel are".
(4) On page 2, line 11, strike "this versatile food" and substitute "the sopaipilla".
(5) On page 2, line 14, strike "sopaipilla stands" and substitute "sopaipilla and strudel stand".
(6) On page 2, line 14, strike "sopaipilla constitutes" and substitute "sopaipilla and strudel constitute".
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3055
(7) On page 2, line 20, strike "designate the sopaipilla as the official State Pastry" and substitute "designates the sopaipilla and the strudel as the official State Pastries".
Amendment No. 2 was adopted without objection.
HCR 125 (by J. Jones), Directing the Texas Department on Aging to lead a partnership of state agencies in support of a web, print, and phone-based information system for older Texans.
HCR 171 (by Telford, Hughes, Merritt, and B. Keffer), Designating Caddo Lake as the First Lake of Texas.
SB 84 (Baxter - House Sponsor), A bill to be entitled An Act relating to the prompt production of public information under the public information law.
SB 139 (Oliveira - House Sponsor), A bill to be entitled An Act relating to designation of the structure between Port Isabel and Padre Island as the Queen Isabella Memorial Bridge.
SB 153 (Capelo - House Sponsor), A bill to be entitled An Act relating to the name, composition, and continuation of the work group created for implementation of the voucher payment program for certain persons with disabilities.
SB 174 (Madden - House Sponsor), A bill to be entitled An Act relating to the confidentiality of information in an application for a marriage license.
CSSB 197 (Howard - House Sponsor), A bill to be entitled An Act relating to the challenge of a voter's registration.
SB 233 (Hupp - House Sponsor), A bill to be entitled An Act relating to the designation of a portion of State Highway 195 as the Phantom Warriors Highway.
SB 255 (Solis - House Sponsor), A bill to be entitled An Act relating to compensatory time off for certain communications service employees of the Department of Public Safety of the State of Texas.
SB 273 (Dunnam and Hartnett - House Sponsors), A bill to be entitled An Act relating to the continuation and functions of the Court Reporters Certification Board; providing an administrative penalty.
Amendment No. 1 (Committee Amendment No. 1)
On behalf of Representative Corte, Representative Dunnam offered the following committee amendment to SBi273:
Amend SB 273 (engrossed version) by adding the following appropriately numbered SECTION and renumbering subsequent SECTIONS accordingly:
SECTIONi__.iiSection 52.021(i), Government Code, is amended to read as follows:
(i)iiRules applicable to a court reporter are also applicable to a court reporting firm. The board may enforce this subsection by assessing a reasonable fee against a court reporting firm. This subsection does not apply to court reporting services performed outside of this state by a foreign shorthand reporter
3056 78th LEGISLATURE — REGULAR SESSION
Amendment No. 1 was adopted without objection.
CSSB 532 (Ritter - House Sponsor), A bill to be entitled An Act relating to the acceptance of a referral fee or gift by certain judges; providing a criminal penalty.
SB 540 (Eissler - House Sponsor), A bill to be entitled An Act relating to the authority of the commissioners court of a county to alter speed limits on county roads.
CSSB 542 (Howard - House Sponsor), A bill to be entitled An Act relating to exclusion of land from certain water districts for failure to provide facilities and services.
SB 653 (Baxter - House Sponsor), A bill to be entitled An Act relating to the charges that may be imposed under the public information law for providing a copy of public information.
SB 656 (Truitt - House Sponsor), A bill to be entitled An Act relating to the removal of certain on-premise signs in a municipality.
Amendment No. 1
Representatives Truitt, Talton, and Martinez Fischer offered the following amendment to SBi656:
Amend SB 656 as follows:
(1) On Page 2, line 4, insert the following SECTION and renumber the subsequent SECTION accordingly:
SECTION 2. Section 216.010, Local Government Code, is amended by amending Subsection (b) to read as follows:
Section 216.010(b). If any [a] sign is required to be relocated or
reconstructed, or an on-premise sign is required to be removed, the municipality,
acting pursuant to the Property Redevelopment and Tax Abatement Act (Chapter
312, Tax Code), may abate municipal property taxes that otherwise would be
owed by the owner of the sign. The abated taxes may be on any real or personal
property owned by the owner of the sign except residential property. The right to
the abatement of taxes is assignable by the holder, and the assignee may use the
right to abatement with respect to taxes on any nonresidential property in the
same taxing jurisdiction. In a municipality where tax abatement is used to pay
compensable costs, the costs include reasonable interest and the abatement period
may not exceed five years.
Amendment No. 1 was adopted without objection.
SB 693 (Eiland - House Sponsor), A bill to be entitled An Act relating to the use of flame effects and pyrotechnics before an assembly; providing a penalty.
SB 733 (Farabee - House Sponsor), A bill to be entitled An Act relating to the purchase by certain local governments of an item from a local vendor.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3057
SB 735 (Flynn - House Sponsor), A bill to be entitled An Act relating to local government officials serving on state boards.
SB 903 was previously passed.
SB 912 (Naishtat - House Sponsor), A bill to be entitled An Act relating to surplus and salvage computer equipment.
SB 922 (Goodman - House Sponsor), A bill to be entitled An Act relating to the appointments and duties of Tarrant County criminal magistrates.
SB 935 (W. Smith - House Sponsor), A bill to be entitled An Act relating to fraternal organizations that are exempt from certain requirements of the Alcoholic Beverage Code.
CSSB 957 (Noriega - House Sponsor), A bill to be entitled An Act relating to emergency medication kits maintained for a veterans home.
SB 1035 (Callegari - House Sponsor), A bill to be entitled An Act relating to the general powers and authority of the West Harris County Regional Water Authority.
SB 1087 (Marchant - House Sponsor), A bill to be entitled An Act relating to the appointment of notaries public.
SB 1090 (Geren - House Sponsor), A bill to be entitled An Act relating to inspection, installation, repair, and maintenance of elevators, escalators, chairlifts, people movers, moving sidewalks, platform lifts, and related equipment; providing an administrative penalty.
SB 1280 (King - House Sponsor), A bill to be entitled An Act relating to the regulation of certain successors of electric cooperatives.
CSSB 1380 (Driver and Flores - House Sponsors), A bill to be entitled An Act relating to alcoholic beverage industry sponsorship at public entertainment facilities.
Amendment No. 1
On behalf of Representative Reyna, Representative Driver offered the following amendment to CSSBi1380:
Amend CSSB 1380 by adding the following appropriately numbered SECTION to the bill and renumbering the remaining SECTIONS of the bill appropriately:
SECTION _____. Chapter 105, Alcoholic Beverage Code, is amended by adding Section 105.07 to read as follows:
Sec. 105.07 HOURS OF SALE AND CONSUMPTION: SPORTS VENUE. (a) In this section, "sports venue" means a public entertainment facility property, as defined by Section 108.73, that is primarily designed and used for live sporting events.
(b) Notwithstanding any other provision of this code, in addition to any other period during which the sale and consumption of alcohol is authorized under this code:
3058 78th LEGISLATURE — REGULAR SESSION
(1) a licensed or permitted premises located in a sports venue may sell alcoholic beverage between 10 a.m. and noon;
(2) a licensed or permitted premises located in a public entertainment facility that has provisions for overnight camping may allow a person to bring an alcoholic beverage onto the premises, consume the beverage on the premises and remove the beverage for the premises; and
(3) a person may consume alcoholic beverages at a sports venue between 10 a.m. and noon.
Amendment No. 1 was adopted without objection.
SB 1532 was previously passed.
SB 1549 (Naishtat - House Sponsor), A bill to be entitled An Act relating to requiring that certain individuals who provide nursing services in a nursing institution receive annual training in caring for people with dementia.
SB 1714 (Mercer - House Sponsor), A bill to be entitled An Act relating to the designation of Farm-to-Market Road 1535 between Fort Sam Houston and Camp Bullis as the Second Indian Head Division Memorial Highway.
SB 1726 (Van Arsdale - House Sponsor), A bill to be entitled An Act relating to the creation of the Cy-Fair Community Improvement District; providing authority to impose a tax and issue bonds.
Amendment No. 1 (Committee Amendment No. 2)
On behalf of Representative Talton, Representative Van Arsdale offered the following committee amendment to SBi1726:
Amend SB 1726 as follows:
(1) On page 6, between lines 21 and 22, add a new SECTION 14 and renumber the remaining sections of the bill as appropriate:
SECTION 14. DISTRICT CONFIRMATION ELECTION. (a) As soon as practicable after all initial directors have qualified for office, the initial directors shall hold an organizational meeting and call a confirmation election to be held on the uniform election date occurring in November 2003.
(b) The confirmation election shall be called and held in the manner provided by Subchapter D, Chapter 49, Water Code. The costs of holding the election shall be paid by the county but if the district is confirmed, the district shall reimburse the county for the costs of the election.
(c) The initial directors shall adopt the wording of the ballot proposition which must clearly and completely explain:
(1) whether the district may:
(A) impose taxes or fees, including an explanation of the nature of those taxes or fees;
(B) exercise the power of eminent domain;
(C) issue bonds; and
(2) the powers and duties of the district.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3059
(d) Before the district is confirmed at the election, the district may carry on any business as the board may determine except that the district may not borrow money or impose or assess a tax or an assessment.
(2) In SECTION 25 of the bill, on page 13, line 1, between "may" and "submit" insert "not".
(3) In SECTION 29 of the bill, on page 15, between lines 2 and 3, add new Subsections (c) and (d) to read as follows:
(c) The district may not enter into or renew a contract with a business entity in which a director of the board has a substantial interest, as defined by Section 171.002, Local Government Code.
(d) A director commits an offense if the director authorizes, or allows an employee of the district to authorize, entering or renewing a contract in violation of Subsection (c). An offense under this subsection is a Class A misdemeanor.
Amendment No. 1 was adopted without objection.
Amendment No. 2 (Committee Amendment No. 1)
On behalf of Representative Talton, Representative Van Arsdale offered the following committee amendment to SBi1726:
Amend SB 1726 as follows:
(1) In SECTION 4 of the bill (page 2, lines 22-23) strike "by a public utility as defined by Section 11.004, Utilities Code" and substitute "by an electric utility as defined by Section 31.002, Utilities Code, a gas utility as defined by Section 101.003 or 121.001, Utilities Code, a telecommunications provider as defined by Section 51.002, Utilities Code, or a cable operator as defined by 47 U.S.C. Section 522, and its subsequent amendments".
(2) In SECTION 24 of the bill (page 12, lines 19-21) strike Subsection (b) and substitute the following:
(b) The district may not impose an impact fee on property, including equipment or facilities, of an electric utility as defined by Section 31.002, Utilities Code, a gas utility as defined by Section 101.003 or 121.001, Utilities Code, a telecommunications provider as defined by Section 51.002, Utilities Code, or a cable operator as defined by 47 U.S.C. Section 522, and its subsequent amendments.
Amendment No. 2 was adopted without objection.
SCR 12 (Morrison - House Sponsor), Urging public and private institutions of higher education in the State of Texas to adopt service learning as an important pedagogical tool and a central form of engagement, civic outreach, and citizenship education.
SCR 26 (Krusee - House Sponsor), Designating Round Rock as the official Daffodil Capital of Texas.
CSHB 1251 (by Hope, et al.), A bill to be entitled An Act relating to calling an election to dissolve the Montgomery County Hospital District.
3060 78th LEGISLATURE — REGULAR SESSION
CSHB 1628 (by J. Keffer), A bill to be entitled An Act relating to the applicability of provisions concerning bond approval by the Texas Commission on Environmental Quality to certain water districts.
Representative J. Keffer moved to postpone consideration of CSHBi1628 until the end of the local and consent calendar.
The motion prevailed without objection.
HB 1826 (by Hamric), A bill to be entitled An Act relating to enforcement of the collection of certain tolls; providing a penalty.
CSHB 2677 (by Krusee), A bill to be entitled An Act relating to the regulation of motor vehicle sales and the powers and duties of the Motor Vehicle Board of the Texas Department of Transportation.
Amendment No. 1
On behalf of Representative Reyna, Representative Krusee offered the following amendment to CSHBi2677:
Amend CSHB 2677 by adding the following SECTION to the bill, appropriately numbered, and renumbering existing SECTIONS of the bill accordingly:
SECTIONi____.ii(a) Subchapter F, Chapter 502, Transportation Code, is amended by adding Section 502.2737 to read as follows:
Sec.i502.2737.iiTEXAS MASTER GARDENER LICENSE PLATES. (a) The department shall issue specially designed license plates for passenger cars and light trucks that include the seal of the Texas Master Gardener program of Texas Cooperative Extension.
(b)iiThe department shall issue license plates under this section to a person who:
(1)iiapplies to the assessor-collector of the county in which the person resides on a form provided by the department; and
(2)iipays an annual fee of $30, in addition to the fee prescribed by Section 502.161 or 502.162 and, if personalized prestige license plates are issued, in addition to the fee prescribed by Section 502.251.
(c)iiOf each fee collected under Subsection (b)(2), $8 shall be used by the department only to defray the cost of administering this section. The department shall deposit the remainder of each fee collected to the credit of an account in the general revenue fund that may be appropriated only to Texas Cooperative Extension for graduate student assistantships within the Texas Master Gardener program and to support Texas Cooperative Extension's activities related to the Texas Master Gardener program.
(d)iiIf the owner of a vehicle for which license plates were issued under this section disposes of the vehicle during a registration year, the owner shall return the special license plates to the department.
(b)iiThis section takes effect September 1, 2003.
Amendment No. 1 was adopted without objection.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3061
CSHB 2930 (by Lewis), A bill to be entitled An Act relating to the confidentiality of and access to certain personal information contained in instruments recorded with a county clerk.
HB 2951 (by Hope), A bill to be entitled An Act relating to regulation of spacing and production of groundwater from aquifers by a groundwater conservation district.
Amendment No. 1 (Committee Amendment No. 1)
On behalf of Representative R. Cook, Representative Hope offered the following committee amendment to HBi2951:
Amend HB 2951 as follows:
(1) In SECTION 1, page 1, lines 12-13, of the bill amend proposed section 36.116(d)(1), Water Code, to read as follows:
(1) each aquifer, subdivision of an aquifer, or geologic strata, located in whole or in part within boundaries of the district; or
Amendment No. 1 was adopted without objection.
CSHB 2180 (by Baxter), A bill to be entitled An Act relating to the computation of charges assessed against a tenant in certain commercial leases.
SB 898 (J. Keffer - House Sponsor), in lieu of CSHB 1628, A bill to be entitled An Act relating to the applicability of provisions concerning bond approval by the Texas Commission on Environmental Quality to certain water districts.
Representative J. Keffer moved to lay CSHBi1628 on the table subject to call.
The motion prevailed without objection.
HR 1181 - ADOPTED
(by T. Smith)
Representative T. Smith moved to suspend all necessary rules to take up and consider at this time HRi1181.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1181, Honoring Robert A. Caro for his literary achievements.
HR 1181 was adopted without objection.
On motion of Representatives McReynolds and J. Davis, the names of all the members of the house were added to HRi1181 as signers thereof.
INTRODUCTION OF GUESTS
The chair recognized Representative T. Smith who introduced Robert A. Caro and his wife Ina. Mr. Caro briefly addressed the house.
3062 78th LEGISLATURE — REGULAR SESSION
HB 2579 - VOTE RECONSIDERED
Representative Riddle moved to reconsider the vote by which HB 2579 was passed to engrossment.
The motion to reconsider was lost.
RULES SUSPENDED
Representative Reyna moved to suspend all necessary rules in order to take up and consider at this time, on third reading and final passage, the bills on the local, consent, and resolutions calendar.
The motion prevailed without objection.
MOTION FOR ONE RECORD VOTE
On motion of Representative Reyna and by unanimous consent, the house agreed to use the first record vote taken for all those bills on the local, consent, and resolutions calendar that require a record vote on third reading and final passage, with the understanding that a member may record an individual vote on any bill with the journal clerk.
LOCAL, CONSENT, AND RESOLUTIONS CALENDAR
THIRD READING
The following bills which were considered on second reading on the local, consent, and resolutions calendar were laid before the house, read third time, and passed by the following record vote (members registering votes and the results of the vote are shown following bill number).
(Record 624): 142 Yeas, 1 Nay, 2 Present, not voting.
Yeas — Allen; Alonzo; Bailey; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Campbell; Canales; Capelo; Casteel; Castro; Chavez; Chisum; Christian; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Ellis; Farabee; Farrar; Flores; Flynn; Gallego; Garza; Gattis; Geren; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Gutierrez; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Heflin; Hegar; Hilderbran; Hill; Hochberg; Hodge; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Jones, E.; Jones, J.; Keel; Keffer, B.; Keffer, J.; King; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Lewis; Luna; Mabry; Madden; Marchant; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Mercer; Merritt; Miller; Moreno, J.; Morrison; Mowery; Naishtat; Nixon; Noriega; Olivo; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna; Ritter; Rodriguez; Rose; Seaman; Smith, T.; Smith, W.; Solis; Solomons; Stick; Swinford; Talton; Taylor; Telford; Thompson; Truitt; Uresti; Van Arsdale; Villarreal; West; Wilson; Wise; Wohlgemuth; Wolens; Wong; Woolley; Zedler.
Nays — Riddle.
Present, not voting — Mr. Speaker; Turner(C).
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3063
Absent, Excused — Oliveira.
Absent — Escobar; Giddings; Moreno, P.; Smithee.
STATEMENTS OF VOTE
When Record No. 624 was taken, I was temporarily out of the house chamber. I would have voted yes.
Giddings
When Record No. 624 was taken, I was in the house, but my machine did not record my yes vote. I would have voted yes.
Smithee
HB 2819
HB 404
HB 1497
HB 1777
HB 1823
HB 2198
HB 2540
HB 2562 (Heflin and Madden - no) (140-3-2)
SB 1895
HB 2844
HB 2915
HB 3009
HB 3209
HB 3308
HB 3552
HB 3573
HB 3583
SB 1887
HB 3612
SB 84
SB 139
SB 540
SB 542
SB 735
SB 912
SB 957
3064 78th LEGISLATURE — REGULAR SESSION
SB 1035
SB 1714
SB 1726
SB 898
HB 2951
LOCAL, CONSENT, AND RESOLUTIONS CALENDAR
THIRD READING
The following bills which were considered on second reading on the local, consent, and resolutions calendar were laid before the house, read third time, and passed by a voice vote (members registering votes are shown following bill number):
HB 3157
HB 124
HB 145
HB 445
HB 461
HB 650
HB 923
HB 926
HB 1114
HB 1230
HB 1432
HB 1465
HB 1504
HB 1525
HB 1660
HB 1828
HB 1905
HB 1913
HB 1930
HB 2005
HB 2075
HB 2095
HB 2117
HB 2180
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3065
HB 2255
HB 2323
HB 2424
HB 2428
HB 2444
HB 2544
HB 2579 (Berman, Bohac, B. Brown, B. Cook, Crabb, Flynn, Howard, D.iJones, Phillips, Riddle, and Van Arsdale - no)
HB 2599
HB 2702
HB 2751
HB 2801
HB 2856
HB 2923
HB 3035
HB 3103
HB 3139
HB 3167
HB 3264
HB 3565
HB 3567
HB 3584
SB 153
SB 174
SB 197
SB 233
SB 255
SB 273
SB 532
SB 653
SB 656
SB 693
SB 733
SB 922
3066 78th LEGISLATURE — REGULAR SESSION
SB 935
SB 1087
SB 1090
SB 1280
SB 1380
SB 1549
HB 1251
HB 1826
HB 2677
HB 2930
MOTION TO CONFORM CAPTIONS
Representative Reyna moved to conform the captions of the senate bills taken up in lieu of the house bills to the house bills' caption.
The motion prevailed without objection.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of personal business:
Gutierrez on motion of Reyna.
HR 1209 - ADOPTED
(by McClendon)
Representative McClendon moved to suspend all necessary rules to take up and consider at this time HRi1209.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1209, Congratulating Tim Duncan of the San Antonio Spurs on being named the National Basketball Association's 2003 Most Valuable Player.
HR 1209 was adopted without objection.
On motion of Representative Menendez, the names of all the members of the house were added to HRi1209 as signers thereof.
HR 1127 - ADOPTED
(by Hopson)
Representative Hopson moved to suspend all necessary rules to take up and consider at this time HRi1127.
The motion prevailed without objection.
The following resolution was laid before the house:
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3067
HR 1127, Congratulating Mittie Mae Wiley Williams on her retirement from the Kennard Independent School District.
HR 1127 was adopted without objection.
HR 1210 - ADOPTED
(by Hopson)
Representative Hopson moved to suspend all necessary rules to take up and consider at this time HRi1210.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1210, Honoring the life of Rick Watson of Jacksonville.
HR 1210 was unanimously adopted by a rising vote.
HR 1211 - ADOPTED
(by Hopson)
Representative Hopson moved to suspend all necessary rules to take up and consider at this time HRi1211.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1211, Recognizing the Christopher family on the occasion of its 2003 reunion in Austin.
HR 1211 was adopted without objection.
HR 1212 - ADOPTED
(by Hopson)
Representative Hopson moved to suspend all necessary rules to take up and consider at this time HRi1212.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1212, In memory of the Honorable Emmett H. Whitehead of Rusk.
HR 1212 was unanimously adopted by a rising vote.
HR 1186 - ADOPTED
(by Dutton)
Representative Dutton moved to suspend all necessary rules to take up and consider at this time HRi1186.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1186, Honoring the Reverend M. L. Jackson and Clara Belle Bennett Jackson on his 45th pastoral anniversary at Bethlehem Missionary Baptist Church in Houston.
3068 78th LEGISLATURE — REGULAR SESSION
HR 1186 was adopted without objection.
On motion of Representative Edwards, the names of all the members of the house were added to HRi1186 as signers thereof.
HR 1187 - ADOPTED
(by Dutton)
Representative Dutton moved to suspend all necessary rules to take up and consider at this time HRi1187.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1187, Congratulating Lighthouse Missionary Baptist Church in Houston on its 10th anniversary.
HR 1187 was adopted without objection.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
HB 2150 ON THIRD READING
(by Denny, Howard, Marchant, Woolley, Hope, et al.)
HB 2150, A bill to be entitled An Act relating to the date on which the period for early voting by personal appearance begins.
HB 2150 was read third time on May 9, postponed until May 10, and was again postponed until 2 p.m., May 12.
Amendment No. 1
Representative Garza offered the following amendment to HBi2150:
Amend HB 2150 on third reading as follows:
(1) On page 1, line 9, strike "[:" and substitute ":"
(2) On page 1, strike lines 10 through 12 and substitute the following:
(1) on the next regular business day if the authority ordering the election orders that early voting begins on the next business day; or
(2) on that Saturday, [or] Sunday, or legal state holiday [if early voting is
ordered to be conducted on that day under Section 85.006].
(3) On page 1, between lines 12 and 13, insert the following SECTION and renumber subsequent SECTIONS of the bill accordingly:
SECTION 3. Section 85.006(a), Election Code, is amended to read as follows:
(a) Notwithstanding any other provision of this section, if an authority holding an election does not order that early voting that would begin on a Saturday or Sunday under Section 85.001(a) begins on the next business day, early voting by personal appearance shall be conducted on two Saturdays and Sundays during the early voting period.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3069
(a-1) Except as provided by Subsection (b), the authority ordering an election may order early voting by personal appearance at the main early voting polling place to be conducted on one or more Saturdays or Sundays during the early voting period.
(Speaker in the chair)
Representative Denny moved to table Amendment No. 1.
A record vote was requested.
The motion to table prevailed by (Record 625): 92 Yeas, 53 Nays, 1 Present, not voting.
Yeas — Allen; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chisum; Christian; Cook, B.; Corte; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eissler; Elkins; Farabee; Flynn; Gattis; Geren; Goodman; Goolsby; Griggs; Grusendorf; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Heflin; Hegar; Hilderbran; Hill; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Jones, E.; Jones, J.; Keel; Keffer, B.; Keffer, J.; King; Kolkhorst; Krusee; Kuempel; Laubenberg; Madden; Marchant; McCall; Merritt; Miller; Morrison; Mowery; Nixon; Paxton; Phillips; Pitts; Quintanilla; Reyna; Riddle; Seaman; Smith, T.; Smith, W.; Smithee; Solomons; Stick; Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wise; Wohlgemuth; Wong; Woolley; Zedler.
Nays — Alonzo; Bailey; Burnam; Canales; Capelo; Castro; Chavez; Coleman; Cook, R.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland; Ellis; Escobar; Farrar; Flores; Gallego; Garza; Guillen; Hochberg; Hodge; Laney; Lewis; Luna; Mabry; Martinez Fischer; McClendon; McReynolds; Menendez; Mercer; Moreno, J.; Moreno, P.; Naishtat; Noriega; Olivo; Peña; Pickett; Puente; Raymond; Ritter; Rodriguez; Rose; Solis; Telford; Thompson; Turner; Uresti; Villarreal; Wilson.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Gutierrez; Oliveira.
Absent — Giddings; Wolens.
STATEMENT OF VOTE
When Record No. 625 was taken, I was temporarily out of the house chamber. I would have voted no.
Giddings
A record vote was requested.
HB 2150 was passed by (Record 626): 85 Yeas, 58 Nays, 1 Present, not voting.
Yeas — Allen; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chisum; Christian; Cook, B.; Corte; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eissler; Elkins; Flynn; Gattis; Geren; Goodman; Goolsby; Griggs; Grusendorf; Haggerty;
3070 78th LEGISLATURE — REGULAR SESSION
Nays — Alonzo; Bailey; Burnam; Canales; Capelo; Castro; Chavez; Coleman; Cook, R.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland; Ellis; Escobar; Farabee; Farrar; Flores; Gallego; Garza; Guillen; Hochberg; Hodge; Homer; Hopson; Jones, D.; Jones, J.; Laney; Lewis; Luna; Mabry; Martinez Fischer; McClendon; McReynolds; Menendez; Moreno, J.; Moreno, P.; Naishtat; Noriega; Olivo; Peña; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Rose; Solis; Telford; Thompson; Turner; Uresti; Villarreal; Wilson; Wise.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Gutierrez; Oliveira.
Absent — Giddings; West; Wohlgemuth; Wolens.
STATEMENTS OF VOTE
When Record No. 626 was taken, I was temporarily out of the house chamber. I would have voted no.
Giddings
When Record No. 626 was taken, I was in the house but away from my desk. I would have voted yes.
West
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 Nos. 27, 28, 30, and 31).
SB 486 ON SECOND READING
(Capelo - House Sponsor)
SB 486, A bill to be entitled An Act relating to immunization of children.
SB 486 was read second time on May 9 and was postponed until 11 a.m., May 13.
SB 486 was passed to third reading.
HB 1926 - LAID ON THE TABLE SUBJECT TO CALL
Representative Capelo moved to lay HBi1926 on the table subject to call.
The motion prevailed without objection.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3071
CSSB 501 ON SECOND READING
(Hupp - House Sponsor)
CSSB 501, A bill to be entitled An Act relating to the places where weapons are prohibited and to the application of criminal trespass laws to persons licensed to carry a concealed handgun.
CSSB 501 was read second time on May 10 and was postponed until 10ia.m. today.
CSSB 501 - POINT OF ORDER
Representative Rodriguez raised a point of order against further consideration of CSSB 501 under Rule 4, Section 32(b)(10) and Rule 4, Section 18(b) of the House Rules on the grounds that a witness statement is incorrect.
The point of order was withdrawn.
Representative Hupp moved to postpone consideration of CSSBi501 until 2ip.m. today.
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, House List No. 39).
MAJOR STATE CALENDAR
SENATE BILLS
SECOND READING
The following bills were laid before the house and read second time:
(Giddings now present)
CSSB 275 ON SECOND READING
(Solomons and J. Keffer - House Sponsors)
CSSB 275, A bill to be entitled An Act relating to the abolition of the Texas Department of Economic Development and the transfer of certain of its functions and the functions of the Texas Aerospace Commission to the Texas Economic Development and Tourism Office; to the establishment, operation, and funding of the Texas Economic Development Bank; and to the administration and operation of certain economic development programs.
Amendment No. 1
Representative Solomons offered the following amendment to CSSBi275:
Amend CSSB 275 by striking SECTION 1.09 of the bill (House committee printing, page 6, lines 11 through 17) and renumbering subsequent SECTIONS of the bill accordingly.
Amendment No. 1 was adopted without objection.
3072 78th LEGISLATURE — REGULAR SESSION
Amendment No. 2
Representative Solomons offered the following amendment to CSSBi275:
Amend CSSB 275 (House committee printing) as follows:
(1)iiIn SECTION 1.10 of the bill, in added Section 481.0066, Government Code (page 7, line 9), between "strategies" and "to promote" insert "as part of an industry-specific strategic plan".
(2)iiIn SECTION 1.10 of the bill, in added Section 481.0066, Government Code (page 7, line 10), between "state" and the semicolon insert "that is consistent with and complementary of the office strategic plan".
(3)iiIn SECTION 1.10 of the bill, in added Section 481.0066, Government Code (page 7, line 16), strike "and".
(4)iiIn SECTION 1.10 of the bill, in added Section 481.0066, Government Code (page 7, line 19), between "matters" and the period insert the following:
"; and
(7)iibe responsible for the promotion and development of spaceports in this state".
(5)iiIn SECTION 1.10 of the bill, in added Section 481.0066, Government Code (page 7, between lines 19 and 20), insert the following:
(e)iiThe governor shall appoint an aerospace and aviation advisory committee consisting of seven qualified members to assist in the state's economic development efforts to recruit and retain aerospace and aviation jobs and investment. The committee shall advise the governor on the recruitment and retention of aerospace and aviation jobs and investment. Members of the committee may not receive compensation for serving on the committee.
(6)iiInsert the following appropriately numbered SECTION between existing SECTIONS 1.11 and 1.12 (page 8, between lines 17 and 18) and renumber subsequent SECTIONS of the bill accordingly:
SECTIONi___. Subchapter A, Chapter 481, Government Code, is amended by adding Section 481.0069 to read as follows:
Sec.i481.0069.iiSPACEPORT TRUST FUND. (a) In this section:
(1)ii"Reusable launch vehicle" means a vehicle intended for repeated use that:
(A)iiis built to operate in or place a payload into space; or
(B)iiis a suborbital rocket.
(2)ii"Spaceport" has the meaning assigned by Section 4D(a), Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), as added by Chapter 1537, Acts of the 76th Legislature, Regular Session, 1999.
(b)iiThe spaceport trust fund is created as a trust fund outside the treasury with the comptroller and shall be administered by the office under this section and rules adopted by the office.
(c)iiThe spaceport trust fund consists of money from:
(1)iigifts, grants, or donations to the office for the development of spaceport infrastructure; and
(2)iiany other source designated by the legislature.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3073
(d)iiMoney in the trust fund may not be spent unless the office certifies to the comptroller that:
(1)iia viable business entity has been established that:
(A)iihas a business plan that demonstrates that the entity has available the financial, managerial, and technical expertise and capability necessary to launch and land a reusable launch vehicle; and
(B)iihas committed to locating its facilities at a spaceport in this state;
(2)iia development corporation for spaceport facilities created under Section 4D, Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), as added by Chapter 1537, Acts of the 76th Legislature, Regular Session, 1999, has established a development plan for the spaceport project and has secured at least 90 percent of the funding required for the project; and
(3)iithe spaceport or launch operator has obtained the appropriate Federal Aviation Administration license.
(e)iiMoney in the spaceport trust fund may be used only to pay expenditures for the development of infrastructure necessary or useful for establishing a spaceport. The office may contract with a development corporation for spaceport facilities for the infrastructure development.
(f)iiThe office may invest, reinvest, and direct the investment of any available money in the spaceport trust fund. Money in the fund may be invested in the manner that state funds may be invested under Section 404.024.
(7)iiIn SECTION 1.17 of the bill, in amended Section 481.021, Government Code (page 13, line 2), between "(3)" and "accept" insert "solicit and".
(8)iiInsert the following appropriately numbered SECTIONS between existing SECTIONS 1.62 and 1.63 (page 47, between lines 7 and 8) and renumber subsequent SECTIONS of the bill accordingly:
SECTIONi___. The heading to Section 502.271, Transportation Code, is amended to read as follows:
Sec.i502.271.iiTEXAS AEROSPACE AND AVIATION [COMMISSION]
LICENSE PLATES.
SECTIONi___. Sections 502.271(a), (b), and (d), Transportation Code, are amended to read as follows:
(a)iiThe department shall issue specially designed Texas Aerospace and
Aviation [Commission] license plates for passenger cars and light trucks.
(b)iiThe license plates must include the name "Texas Aerospace and
Aviation [Commission]" and be of a color, quality, and design approved by the
Texas Economic Development and Tourism Office [Aerospace Commission].
(d)iiOf each fee collected under this section, the department shall deposit
$25 under this section in [to the credit of] the general revenue fund to the credit
of the Texas Economic Development and Tourism Office account, which may be
used only to support the activities of the aerospace and aviation office established
by the Texas Economic Development and Tourism Office, and $5 to the credit of
the state highway fund.
(9)iiIn SECTION 1.68 of the bill (page 49, line 15), strike "and".
3074 78th LEGISLATURE — REGULAR SESSION
(10)iiIn SECTION 1.68 of the bill (page 49, line 18), between "Tourism Office" and the period, insert the following:
; and
(3)iiall funds appropriated by the legislature to the Texas Aerospace Commission, including any funds appropriated to the Texas Aerospace Commission collected under Section 502.271, Transportation Code, are transferred to the Texas Economic Development and Tourism Office account
Amendment No. 2 was adopted without objection.
Amendment No. 3
Representative Solomons offered the following amendment to CSSBi275:
Amend CSSB 275 (House committee printing) as follows:
(1)iiIn SECTION 1.25 of the bill, in added Section 481.0295, Government Code (page 19, line 14), after "organizations", insert "and key state agencies".
(2)iiIn SECTION 1.25 of the bill, in added Section 481.0295, Government Code (page 20, line 9), between "organizations," and "local" insert "key state agencies,".
Amendment No. 3 was adopted without objection.
Amendment No. 4
Representative Solomons offered the following amendment to CSSBi275:
Amend CSSB 275 (House committee printing) as follows:
(1)iiIn SECTION 1.41 of the bill, in amended Section 481.172, Government Code (page 31, line 19), strike "sole" and substitute "primary".
(2)iiIn SECTION 1.41 of the bill, in amended Section 481.172, Government Code (page 32, line 2), between "historical," and "natural", insert "cultural,".
(3)iiIn SECTION 1.41 of the bill, in amended Section 481.172, Government Code (page 32, line 14), between "(8)" and "enter", insert "not later than December 31, 2003,".
(4)iiIn SECTION 1.41 of the bill, in amended Section 481.172, Government Code (page 33, line 11), between "agency" and the semicolon, insert "that must include marketing, product development, and program development".
(5)iiIn SECTION 1.41 of the bill, in amended Section 481.172, Government Code (page 33, line 22), strike "marketing plan" and substitute "tourism plan, including a marketing plan,".
(6)iiIn SECTION 1.41 of the bill, in amended Section 481.172, Government Code (page 33, line 25), between "agencies and" and "the office", insert "encouraged by".
(7)iiIn SECTION 1.41 of the bill, in amended Section 481.172, Government Code (page 33, line 26), strike "and".
(8)iiIn SECTION 1.41 of the bill, in amended Section 481.172, Government Code (page 34, between lines 3 and 4), insert the following:
"(C)iiis developed not later than September 1 of each year; and".
Amendment No. 4 was adopted without objection.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3075
Amendment No. 5
Representative Solomons offered the following amendment to CSSBi275:
Amend CSSB 275 in SECTION 3.13 of the bill (House committee printing, page 82, line 21), between "Chapter 2303," and "is", by inserting "Government Code,".
Amendment No. 5 was adopted without objection.
Amendment No. 6
Representative Puente offered the following amendment to CSSBi275:
Amend CSSB 275 (House committee printing) as follows:
(1)iiIn SECTION 1.08 of the bill (page 5, lines 18-19), strike "Sections 481.005(a), (c), and (d), Government Code, are amended" and substitute "Section 481.005, Government Code, is amended by amending Subsections (a), (c), and (d) and adding Subsection (e)".
(2)iiIn SECTION 1.08 of the bill, immediately following amended Section 481.005(d), Government Code (page 6, between lines 10 and 11), insert the following:
(e)iiThe executive director may work with a state agency or commission to make best efforts to advance the development of the state economy by assisting the agency or commission in conducting its commercial affairs in a manner that rewards a vendor with whom the agency or commission contracts for the vendor's degree of stimulation of the state economy.
(Swinford in the chair)
Amendment No. 6 was withdrawn.
Amendment No. 7
Representative Menendez offered the following amendment to CSSBi275:
Amend CSSB 275 (House committee printing) as follows:
(1)iiIn SECTION 1.41 of the bill, in amended Section 481.172, Government Code (page 32, line 18), strike "and".
(2)iiIn SECTION 1.41 of the bill, in amended Section 481.172, Government Code (page 32, line 21), between "encouragement" and the period, insert the following:
"; and
(10)iipromote the sports industry and related industries in this state, including promoting this state as a host for national and international amateur athletic competition and promoting sports or fitness programs for the residents of this state, if funds are appropriated for the promotion".
(3)iiIn SECTION 1.41 of the bill, in amended Section 481.172, Government Code (page 34, between lines 5 and 6), insert the following:
"(c)iiThe promotion of the sports industry and related industries under Subsection (a)(10) may include the establishment by the governor of a Texas Sports Commission composed of volunteers who are knowledgeable about or active in amateur sports."
3076 78th LEGISLATURE — REGULAR SESSION
Amendment No. 7 was adopted without objection.
(Baxter in the chair)
Amendment No. 8
Representative Hamric offered the following amendment to CSSBi275:
Amend CSSB 275 in SECTION 1.41 of the bill, in amended Section 481.172, Government Code (House committee printing, page 34, between lines 5 and 6), by inserting the following:
(c)iiThis section does not affect the authority of the State Preservation Board to conduct activities or make expenditures related to tourism or to promote the Bob Bullock Texas State History Museum.
Amendment No. 8 was adopted without objection.
Amendment No. 9
Representative J. Keffer offered the following amendment to CSSBi275:
Amend CSSB 275 (House committee printing) as follows:
(1)iiIn SECTION 3.02 of the bill, in amended Section 2303.051, Government Code (page 70, line 20), strike "qualify for enterprise zone designation" and substitute "automatically qualify for designation as enterprise zones under this chapter".
(2)iiIn SECTION 3.03 of the bill, in amended Section 2303.101,
Government Code (page 73, lines 17 and 18), strike "To qualify for designation
[be designated] as an enterprise zone, an area must" and substitute "An area
automatically qualifies for designation [To be designated] as an enterprise zone if
the [an] area is [must]".
(3)iiIn SECTION 3.03 of the bill, in amended Section 2303.101, Government Code (page 73, line 19), strike "be".
(4)iiIn SECTION 3.03 of the bill, in amended Section 2303.101, Government Code (page 73), strike lines 24 through 27 and substitute the following:
(2)iian area designated by the federal government as a renewal
community, a federal empowerment zone, or a federal enterprise community,
including any developable area approved by the federal agency responsible for
making that designation [be at least one square mile but not larger than the greater
of:
(5)iiIn SECTION 3.04 of the bill, in amended Section 2303.109,
Government Code (page 75, lines 3 through 5), strike "as a federal enterprise
zone, federal empowerment zone, federal renewal community, or federal
enterprise community" and substitute "by the federal government as a renewal
community, a [federal enterprise zone,] federal empowerment zone, or a federal
enterprise community".
(6)iiIn SECTION 3.11 of the bill, in amended Section 2303.403, Government Code (page 78, line 26), between "CERTIFICATION" and the period, insert "; LIMIT ON ENTERPRISE PROJECT DESIGNATIONS".
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3077
(7)iiIn SECTION 3.11 of the bill, in amended Section 2303.403,
Government Code (page 79, line 5), strike "businesses as" and substitute
"[businesses as]".
(8)iiIn SECTION 3.14 of the bill, in amended Section 2303.406, Government Code (page 86, line 22), between the comma and "which", insert "as described by Section 2303.101(2),".
(9)iiIn SECTION 3.14 of the bill, in amended Section 2303.406,
Government Code (page 87, lines 25 and 26), strike "qualified businesses that the
bank [department] may designate as enterprise projects" and substitute "enterprise
projects [qualified businesses] that the bank [department] may designate [as
enterprise projects]".
(10)iiIn SECTION 3.15 of the bill, in amended Section 2303.407, Government Code (page 89, line 18), strike "250" and substitute "500".
(11)iiIn SECTION 3.16 of the bill, in amended Section 2303.407, Government Code (page 91, line 3), strike "250" and substitute "500".
(12)iiIn SECTION 3.25 of the bill, in amended Section 2303.516, Government Code (page 96, line 9), between "project" and the comma, insert "or at the completion of the enterprise project designation period as indicated by the approved application".
(13)iiIn SECTION 3.25 of the bill, in amended Section 2303.516, Government Code (page 96, line 10), strike "audit" and substitute "monitor".
(14)iiIn SECTION 3.25 of the bill, in amended Section 2303.516, Government Code (page 96, lines 13 and 14), strike "certified copy of the audit" and substitute "report of its".
(15)iiIn the introductory language in SECTION 3.37 of the bill (page 104, line 7), strike "Section 2310.110(e), Government Code, is" and substitute "Sections 2310.110(b) and (e), Government Code, are".
(16)iiIn SECTION 3.37 of the bill, immediately before amended Section 2310.110(e), Government Code (page 104, between lines 8 and 9), insert the following:
(b)iiThe amended boundary:
(1)iimust be continuous;
(2)iimay not exceed the original size requirement of Section 2310.101; and
(3)iimay not exclude any qualified business designated as a defense
readjustment project [area originally] included within the boundary of the zone as
designated.
(17)iiIn SECTION 3.42 of the bill, in amended Section 2310.303,
Government Code (page 106, lines 10 and 11), strike "businesses in a single
readjustment zone as defense readjustment projects" and substitute "defense
readjustment projects [businesses] in a single readjustment zone [as defense
readjustment projects]".
(18)iiIn SECTION 3.44 of the bill, at the end of amended Section 2310.306, Government Code (page 109, between lines 4 and 5), insert the following:
(d)iiThe bank may designate the same qualified business in a readjustment zone as more than one defense readjustment project.
3078 78th LEGISLATURE — REGULAR SESSION
(19)iiIn SECTION 3.51 of the bill, in amended Section 151.429(b), Tax Code (page 113, line 3), strike "250" and substitute "500".
(20)iiIn SECTION 3.52 of the bill, in amended Section 151.429(b), Tax Code (page 114, line 20), strike "250" and substitute "500".
(21)iiIn ARTICLE 3 of the bill (page 123, between lines 22 and 23), insert the following:
SECTIONi3.64.iiThis Act does not affect the effective dates of Sections 2303.407, 2303.504(b) and (c), and 2310.404(b), Government Code, and Sections 151.429(a) and (b), Tax Code, as amended by Article 2, Chapter 1134, Acts of the 77th Legislature, Regular Session, 2001.
Amendment No. 9 was adopted without objection.
Amendment No. 10
Representative Seaman offered the following amendment to CSSBi275:
Amend CSSB 275 on page 94, SECTION 3.22 by adding a new subsection (d) as follows:
(d) Notwithstanding and other provision in law this Section shall remain in full force and effect until December 31, 2009.
Amendment No. 10 was withdrawn.
Amendment No. 11
Representative J. Keffer offered the following amendment to CSSBi275:
Amend CSSB 275 (House Committee Printing) as follows:
(1)iiIn SECTION 3.53 of the bill, strike amended Section 151.429(e)(2), Tax Code (page 116, lines 3 through 5), and substitute the following:
(2)ii"Enterprise zone," "qualified employee," and "qualified hotel project" have the meanings assigned to those terms by Section 2303.003, Government Code.
(2)iiIn SECTION 4.01 of the bill, in Subdivision (6) (page 124, line 9), strike ", (4), and (8)" and substitute "and (4)".
(3)iiIn SECTION 4.01 of the bill, in Subdivision (6) (page 124, line 11), strike "2303.5055,".
Amendment No. 11 was adopted without objection.
Amendment No. 12
Representative Seaman offered the following amendment to CSSBi275:
Amend CSSB 275 (House committee printing) as follows:
(1)iiIn SECTION 3.53 of the bill, in added Section 151.429(j), Tax Code (page 117, line 10), between "2003," and "may", insert "other than an enterprise project for which the application for enterprise project designation was submitted in calendar year 2002,".
(2)iiIn SECTION 3.63 of the bill (page 123, line 14), strike "The" and substitute "(a) Except as provided by Subsection (b) of this section, the".
(3)iiIn SECTION 3.63 of the bill (page 123, between lines 22 and 23), insert the following:
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3079
(b)iiThe changes in law made by this Act to Chapter 2303, Government Code, and Chapters 151 and 171, Tax Code, apply to an enterprise project approved by the Texas Economic Development Bank after September 1, 2003, for which the application for enterprise project designation was submitted in calendar year 2002.
Amendment No. 12 was withdrawn.
Amendment No. 13
On behalf of Representative J. Keffer, Representative Rodriguez offered the following amendment to CSSBi275:
Amend CSSB 275 (House Committee Printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering the SECTIONS of the bill appropriately:
SECTION _____. Section 481.408(d), Government Code, is amended to read as follows:
(d) On receipt of a certification made under Subsection (c) and subject to Section 481.409, the department shall deposit in the institution's reserve account for each capital access loan made by the institution:
(1) an amount equal to the amount deposited by the institution for each loan if the institution:
(A) has assets of more than $1 billion; or
(B) has previously enrolled loans in the program that in the aggregate are more than $2 million;
(2) an amount equal to 150 percent of the total amount deposited under Subsection (b) for each loan if the institution is not described by Subdivision (1); or
(3) notwithstanding Subdivisions (1) and (2), an amount equal to 200 percent of the total amount deposited under Subsection (b) for each loan if:
(A) the borrower is located in or financing a project, activity, or enterprise in an area designated as an enterprise zone under Chapter 2303; [or]
(B) the borrower is a small or medium-size business or a nonprofit organization that operates or proposes to operate a day-care center or a group day-care home, as those terms are defined by Section 42.002, Human Resources Code; or
(C) the participating financial institution is a community development financial institution, as that term is defined by 12 U.S.C. Section 4702, as amended.
SECTION _____. Section 481.409(b), Government Code, is amended to read as follows:
(b) The maximum amount the department may deposit into a reserve account for each capital access loan made under this subchapter is the lesser of $35,000 or an amount equal to:
(1) eight percent of the loan amount if:
(A) the borrower is located in or financing a project, activity, or enterprise in an area designated as an enterprise zone under Chapter 2303; [or]
3080 78th LEGISLATURE — REGULAR SESSION
(B) the borrower is a small or medium-size business or a nonprofit organization that operates or proposes to operate a day-care center or a group day-care home, as those terms are defined by Section 42.002, Human Resources Code; or
(C) the participating financial institution is a community development financial institution, as that term is defined by 12 U.S.C. Section 4702, as amended; or (2) six percent of the loan amount for any other borrower.
Amendment No. 14
On behalf of Representative J. Keffer, Representative Rodriguez offered the following amendment to Amendment No.i13:
Amend Amendment No. 13 by J. Keffer to CSSB 275 as follows:
On page 2, line 1 strike "[or]" and substitute it with "[or]".
On page 2, strike lines 6, 7, and 8 and substitute it with the following:
defined by Section 42.002, Human Resources Code; or
(C) the participating financial institution is a community development financial institution, as that term is defined by 12 U.S.C. Section 4702, as amended.
On page 2, line 17 strike "[or]" and substitute it with "[or]".
On page 2, strike lines 23, 24, and 25 and substitute the following:
(C) the participating financial institution is a community development financial institution, as that term is defined by 12 U.S.C. Section 4702, as amended; or
(2) six percent of the loan amount for any borrower.
Amendment No. 14 was adopted without objection.
Amendment No. 13, as amended, was adopted without objection.
Amendment No. 15
Representative J. Keffer offered the following amendment to CSSBi275:
Amend CSSB 275 by adding the following appropriately numbered sections to the bill and renumbering subsequent sections accordingly:
SECTIONi____.iiSubchapter B, Chapter 171, Tax Code, is amended by adding Section 171.088 to read as follows:
Sec.i171.088.iiEXEMPTION–BIOTECHNOLOGY CORPORATIONS. (a) In this section, "biotechnology research and development" means an activity that is described in category 541710 of the 2002 North American Industry Classification System and that is predominantly related to life sciences.
(b)iiA corporation engaged primarily in biotechnology research and development is exempted from the franchise tax.
SECTIONi____.ii(a) Section 171.088, Tax Code, as added by this Act, takes effect January 1, 2006.
(b)iiSection 171.088, Tax Code, as added by this Act, does not affect taxes imposed before the effective date of that section, and the law in effect before the effective date of that section is continued in effect for the purposes of the liability for and collection of those taxes.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3081
Amendment No. 15 was withdrawn.
Amendment No. 16
Representative Swinford offered the following amendment to CSSBi275:
Amend CSSB 275 (House Committee Printing) by adding the following appropriately numbered ARTICLE and renumbering subsequent ARTICLES accordingly:
ARTICLEi__.iiCERTAIN ECONOMIC DEVELOPMENT PROGRAMS
ADMINISTERED BY TEXAS ECONOMIC DEVELOPMENT AND TOURISM OFFICE
SECTIONi__.01.iiTitle 2, Agriculture Code, is amended by adding Chapter 16 to read as follows:
CHAPTER 16. FUEL ETHANOL AND BIODIESEL PRODUCTION
INCENTIVE PROGRAM
Sec.i16.001.iiDEFINITIONS. In this chapter:
(1)ii"Account" means the fuel ethanol and biodiesel production account.
(2)ii"ASTM" means the American Society for Testing and Materials.
(3)ii"Biodiesel" means a monoalkyl ester that:
(A)iiis derived from vegetable oils, rendered animal fats, or renewable lipids or a combination of those ingredients; and
(B)iimeets the requirements of ASTM PS 121, the provisional specification for biodiesel.
(4)ii"Fuel ethanol" means ethyl alcohol that:
(A)iihas a purity of at least 99 percent, exclusive of added denaturants;
(B)iihas been denatured in conformity with a method approved by the Bureau of Alcohol, Tobacco and Firearms of the United States Department of the Treasury;
(C)iimeets the requirements of ASTM D4806, the standard specification for ethanol used as a motor fuel; and
(D)iiis produced exclusively from agricultural products or by-products or municipal solid waste.
(5)ii"Office" means the Texas Economic Development and Tourism Office.
(6)ii"Producer" means a person who operates a fuel ethanol or biodiesel plant in this state.
Sec.i16.002.iiPLANT REGISTRATION. (a) To be eligible for a grant for fuel ethanol or biodiesel produced in a plant, a producer must apply to the office for the registration of the plant. A producer may apply for the registration of more than one plant.
(b)iiAn application for the registration of a plant must show to the satisfaction of the office that:
(1)iithe plant is capable of producing fuel ethanol or biodiesel;
(2)iithe producer has made a substantial investment of resources in this state in connection with the plant; and
(3)iithe plant constitutes a permanent fixture in this state.
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(c)iiThe office, after consultation with the department, shall register each plant that qualifies under this section. The office shall notify the department of plants registered under this section.
Sec.i16.003.iiREPORTS. (a) On or before the fifth day of each month, a producer shall report to the office on:
(1)iithe number of gallons of fuel ethanol or biodiesel produced at each registered plant operated by the producer during the preceding month;
(2)iithe number of gallons of fuel ethanol or biodiesel imported into this state by the producer during the preceding month;
(3)iithe number of gallons of fuel ethanol or biodiesel sold or blended with motor fuels by the producer during the preceding month; and
(4)iithe total value of agricultural products consumed in each registered plant operated by the producer during the preceding month.
(b)iiA producer who fails to file a report as required by this section is ineligible to receive a grant for the period for which the report is not filed.
(c)iiThe office shall send a copy of each report to the department.
Sec.i16.004.iiFUEL ETHANOL AND BIODIESEL PRODUCTION ACCOUNT. (a) The fuel ethanol and biodiesel production account is an account in the general revenue fund that may be appropriated only to the office for the purposes of this chapter, including the making of grants under this chapter.
(b)iiThe account is composed of:
(1)iifees collected under Section 16.005; and
(2)iimoney transferred to the account under Subsection (c).
(c)iiThe comptroller shall transfer from the undedicated portion of the general revenue fund to the account an amount of money equal to 5.25 times the amount of the fees collected under Section 16.005.
Sec.i16.005.iiFEE ON FUEL ETHANOL AND BIODIESEL PRODUCTION. (a) The office shall impose a fee on each producer in an amount equal to 3.2 cents for each gallon of fuel ethanol or biodiesel produced in each registered plant operated by the producer.
(b)iiFor each fiscal year, the office may not impose fees on a producer for more than 18 million gallons of fuel ethanol or biodiesel produced at any one registered plant.
(c)iiThe office shall transfer the fees collected under this section to the comptroller for deposit to the credit of the account.
(d)iiThe office may not impose fees on a producer for fuel ethanol or biodiesel produced at a registered plant after the 10th anniversary of the date production from the plant begins.
(e)iiThe office may enter into an interagency contract with the department authorizing the department to impose and collect fees on behalf of the office under this section.
Sec.i16.006.iiFUEL ETHANOL AND BIODIESEL GRANTS. (a) The office, after consultation with the department, shall make grants to producers as an incentive for the development of the fuel ethanol and biodiesel industry and agricultural production in this state.
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(b)iiA producer is entitled to receive from the account 20 cents for each gallon of fuel ethanol or biodiesel produced in each registered plant operated by the producer until the 10th anniversary of the date production from the plant begins.
(c)iiFor each fiscal year a producer may not receive grants for more than 18 million gallons of fuel ethanol or biodiesel produced at any one registered plant.
(d)iiThe office by rule shall provide for the distribution of grant funds under this chapter to producers. The office shall make grants not less often than quarterly.
(e)iiIf the office determines that the amount of money credited to the account is not sufficient to distribute the full amount of grant funds to eligible producers as provided by this chapter for a fiscal year, the office shall proportionately reduce the amount of each grant for each gallon of fuel ethanol or biodiesel produced as necessary to continue the incentive program during the remainder of the fiscal year.
SECTIONi__.02.iiNotwithstanding Section 16.004(c), Agriculture Code, as added by this Act, the comptroller may not make transfers from general revenue under that subsection during the fiscal biennium ending August 31, 2005.
Amendment No. 16 was adopted without objection.
Amendment No. 17
Representative Woolley offered the following amendment to CSSBi275:
Amend CSSB 275 by adding the following appropriately numbered ARTICLE and renumbering subsequent ARTICLES of the bill accordingly:
ARTICLE ___. SUPPORT FOR MAJOR SPORTS EVENTS
SECTIONi__.01.iiSection 1, Chapter 1507, Acts of the 76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes), is amended by amending Subdivisions (1), (2), (3), (5), (6), (7), and (8) and adding Subdivision (1-a) to read as follows:
(1)ii"Department" means the Texas Department of Economic Development or its successor.
(1-a)ii"Endorsing county" means an endorsing county for purposes of Section 5 or 5A of this Act.
(2)ii"Endorsing municipality" means an endorsing [a] municipality for
purposes of Section 4, 5, or 5A of this Act [that has a population of 850,000 or
more according to the most recent federal decennial census and that authorizes a
bid by a local organizing committee for selection of the municipality as the site of
the 2007 Pan American Games or the 2012 Olympic Games].
(3)ii"Games" means the [2007] Pan American Games, [or] the [2012]
Olympic Games, the Super Bowl, the National Collegiate Athletic Association
Final Four, the National Basketball Association All-Star Game, the National
Hockey League All-Star Game, the Major League Baseball All-Star Game, the
National Collegiate Athletic Association Bowl Championship Series Games, the
World Cup Soccer Games, or the World Games. The term includes the events
and activities related to the games.
(5)ii"Joinder agreement" means an agreement entered into by:
3084 78th LEGISLATURE — REGULAR SESSION
(A)iithe department on behalf of this state and a site selection organization setting out representations and assurances by the state in connection with the selection of a site in this state for the location of any of the games; or
(B)iian endorsing municipality, an endorsing county, or more than
one endorsing municipality or county acting collectively and a site selection
organization setting out representations and assurances by each [the] endorsing
municipality or county in connection with the selection of a site in this state for
the location of any of the games.
(6)ii"Joinder undertaking" means an agreement entered into by:
(A)iithe department on behalf of this state and a site selection organization that the state will execute a joinder agreement in the event that the site selection organization selects a site in this state for any of the games; or
(B)iian endorsing municipality, an endorsing county, or more than
one endorsing municipality or county acting collectively and a site selection
organization that each endorsing [the] municipality or county will execute a
joinder agreement in the event that the site selection organization selects a site in
this state for any of the games.
(7)ii"Local organizing committee" means a nonprofit corporation or its successor in interest that:
(A)iihas been authorized by an endorsing municipality, endorsing
county, or more than one endorsing municipality or county acting collectively to
pursue an application and bid on the applicant's behalf to a site selection
organization for selection as the site of one or more [of the] games; or
(B)iiwith the authorization of an endorsing municipality, endorsing
county, or more that one endorsing municipality or county acting collectively, has
executed an agreement with a site selection organization regarding a bid to host
one or more [of the] games.
(8)ii"Site selection organization" means the United States Olympic
Committee, the International Olympic Committee, [or] the Pan American Sports
Organization, the National Football League, the National Collegiate Athletic
Association, the National Basketball Association, the National Hockey League,
Major League Baseball, Federation Internationale de Football Association
(FIFA), or the International World Games Association.
SECTIONi__.02.iiSections 2 and 3, Chapter 1507, Acts of the 76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes), are amended to read as follows:
Sec.i2.iiPURPOSE. The purpose of this Act is to provide assurances
required by a site selection organization sponsoring one or more [the] games and
to provide financing for the costs of:
(1)iiapplying or bidding for selection as the site of the games in this state;
(2)iimaking the preparations necessary and desirable for the conduct of the games in this state, including the construction or renovation of facilities; and
(3)iiconducting the games in this state.
Sec.i3.iiLEGISLATIVE FINDINGS. The conduct in this state of one or
more games [the 2007 Pan American Games or the 2012 Olympic Games] will:
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(1)iiprovide invaluable public visibility throughout the nation or world for this state and the communities where the games are held;
(2)iiencourage and provide major economic benefits to the communities where the games are held and to the entire state; and
(3)iiprovide opportunities for the creation of jobs by local and Texas businesses that pay a living wage.
SECTIONi__.03.iiSections 4(a), (b), (d), (f), (i), and (l), Chapter 1507, Acts of the 76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes), are amended to read as follows:
(a)iiIn this section:
(1)ii"Games" means the [2007] Pan American Games.
(2)ii"Site selection organization" means the United States Olympic Committee or the Pan American Sports Organization.
(3)ii"Endorsing municipality" means a municipality that has a population of 850,000 or more and that authorizes a bid by a local organizing committee for selection of the municipality as the site of the games.
(b)iiIf a site selection organization selects a site for the games in this state pursuant to an application by a local organizing committee acting on behalf of an endorsing municipality, after the first occurrence of a measurable economic impact in this state as a result of the preparation for the games, as determined by the comptroller, but in no event later than one year before the scheduled opening event of the games, the comptroller shall determine for each subsequent calendar quarter, in accordance with procedures developed by the comptroller:
(1)iithe incremental increase in the receipts to the state from the taxes imposed under Chapters 151, 152, 156, and 183, Tax Code, and under Title 5, Alcoholic Beverage Code, within the market areas designated under Subsection (c) of this section, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the games and related events;
(2)iithe incremental increase in the receipts collected by the state on behalf of the endorsing municipality from the sales and use tax imposed by the endorsing municipality under Section 321.101(a), Tax Code, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the games and related events; and
(3)iithe incremental increase in the receipts collected by the endorsing municipality from the municipality's hotel occupancy tax imposed under Chapter 351, Tax Code, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the games and related events.
(d)iiThe [Subject to Section 6 of this Act, the] comptroller shall retain, for
the purpose of guaranteeing the joint obligations of the state and the endorsing
municipality under a games support contract and this Act, the amount of
municipal sales and use tax revenue determined under Subsection (b)(2) of this
section from the amounts otherwise required to be sent to the municipality under
Section 321.502, Tax Code, beginning with the first distribution of that tax
revenue that occurs after the date the comptroller makes the determination of the
3086 78th LEGISLATURE — REGULAR SESSION
(1)iithe end of the third calendar month following the month in which the closing event of the games occurs; or
(2)iithe date the amount of municipal sales and use tax revenue and municipal hotel occupancy tax revenue in the Pan American Games trust fund equals 14 percent of the maximum amount of state and municipal tax revenue that may be deposited in the trust fund under Subsection (m) of this section.
(f)iiSubject to [Section 6 of this Act and] Subsection (m) of this section, the
comptroller shall deposit into a trust fund designated as the Pan American Games
trust fund the amount of municipal sales and use tax revenue retained under
Subsection (d) of this section and, at the same time, a portion of the state tax
revenue determined under Subsection (b)(1) of this section in an amount equal to
6.25 times the amount of that municipal sales and use tax revenue. Subject to
[Section 6 of this Act and] Subsection (m) of this section, the endorsing
municipality shall deposit into the trust fund the amount of the endorsing
municipality's hotel occupancy tax revenue determined under Subsection (b)(3)
of this section. The endorsing municipality shall deposit that hotel occupancy tax
revenue into the trust fund at least quarterly. When the endorsing municipality
makes a deposit of its hotel occupancy tax revenue, the comptroller shall deposit
at the same time a portion of the state tax revenue determined under Subsection
(b)(1) of this section in an amount equal to 6.25 times the amount of that
municipal hotel occupancy tax revenue. The Pan American Games trust fund is
established outside the treasury but is held in trust by the comptroller for the
administration of this Act. Money in the trust fund may be spent by the
department without appropriation only as provided by this Act. The comptroller
shall discontinue depositing into the trust fund any state tax revenue determined
under Subsection (b)(1) of this section on the earlier of:
(1)iithe end of the third calendar month following the month in which the closing event of the games occurs; or
(2)iithe date on which the amount of state revenue in the Pan American Games trust fund equals 86 percent of the maximum amount of state and municipal tax revenue that may be deposited in the trust fund under Subsection (m) of this section.
(i)iiThe comptroller shall provide an estimate not later than September 1 of
the year that is eight years before the year in which the games would be held in
this state[, 1999,] of the total amount of state and municipal tax revenue that
would be deposited in the Pan American Games trust fund before January 1 of
the year following the year in which the games would be held, [2008,] if the
games were to be held in this state at a site selected pursuant to an application by
a local organizing committee. The comptroller shall provide the estimate on
request to a local organizing committee. A local organizing committee may
submit the comptroller's estimate to a site selection organization.
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(l)iiOn January 1 of the second year following the year in which the games
are held in this state, [2009,] the comptroller shall transfer to the general revenue
fund any money remaining in the Pan American Games trust fund, not to exceed
the amount of state revenue remaining in the trust fund, plus any interest earned
on that state revenue. The comptroller shall remit to the endorsing municipality
any money remaining in the trust fund after the required amount is transferred to
the general revenue fund.
SECTIONi__.04.iiSections 5(a)-(g) and (i)-(m), Chapter 1507, Acts of the 76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes), are amended to read as follows:
(a)iiIn this section:
(1)ii"Games" means the [2012] Olympic Games.
(2)ii"Site selection organization" means the United States Olympic Committee or the International Olympic Committee.
(3)ii"Endorsing county" means a county in which there is located all or part of a municipality that has a population of 850,000 or more, or a county adjacent to such a county.
(4)ii"Endorsing municipality" has the meaning assigned by Section 4 of this Act.
(b)iiIf a site selection organization selects a site for the games in this state pursuant to an application by a local organizing committee, after the first occurrence of a measurable economic impact in this state as a result of the preparation for the games, as determined by the comptroller, but in no event later than one year before the scheduled opening event of the games, the comptroller shall determine for each subsequent calendar quarter, in accordance with procedures developed by the comptroller:
(1)iithe incremental increase in the receipts to the state from the taxes
imposed under Chapters [Chapter] 151, 152, 156, and 183, Tax Code, and under
Title 5, Alcoholic Beverage Code, within the market areas designated under
Subsection (c) of this section, that is directly attributable, as determined by the
comptroller, to the preparation for and presentation of the games and related
events; [and]
(2)iithe incremental increase in the receipts collected by the state on
behalf of each [the] endorsing municipality from the sales and use tax imposed by
the endorsing municipality under Section 321.101(a), Tax Code, and the mixed
beverage tax revenue to be received by the endorsing municipality under Section
183.051(b), Tax Code, that is directly attributable, as determined by the
comptroller, to the preparation for and presentation of the games and related
events;
(3)iithe incremental increase in the receipts collected by the state on behalf of each endorsing county from the sales and use tax imposed by the county under Section 323.101(a), Tax Code, and the mixed beverage tax revenue to be received by the endorsing county under Section 183.051(b), Tax Code, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the games and related events;
3088 78th LEGISLATURE — REGULAR SESSION
(4)iithe incremental increase in the receipts collected by each endorsing municipality from the hotel occupancy tax imposed under Chapter 351, Tax Code, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the games and related events; and
(5)iithe incremental increase in the receipts collected by each endorsing county from the hotel occupancy tax imposed under Chapter 352, Tax Code, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the games and related events.
(c)iiFor the purposes of Subsection (b)(1) of this section, the comptroller
shall designate as a market area for the games each area in which the comptroller
determines there is a reasonable likelihood of measurable economic impact
directly attributable to the preparation for and presentation of the games and
related events, including areas likely to provide venues, accommodations, and
services in connection with the games based on the proposal provided by the
local organizing committee under Section 7 of this Act. The comptroller shall
determine the geographic boundaries of each market area. Each [The] endorsing
municipality or endorsing county that has been selected as the site for the games
must be included in a market area for the games.
(d)iiSubject to Section 6 of this Act, the comptroller shall retain, for the
purpose of guaranteeing the joint obligations of the state and an [the] endorsing
municipality or endorsing county under a games support contract and this Act,
the amount of [municipal] sales and use tax revenue and mixed beverage tax
revenue determined under Subsection (b)(2) or (b)(3) of this section from the
amounts otherwise required to be sent to the municipality under Section
183.051(b) or 321.502, Tax Code, or to the county under Section 183.051(b) or
323.502, Tax Code, beginning with the first distribution of that tax revenue that
occurs after the date the comptroller makes the determination of the amount of
[municipal] sales and use tax revenue and mixed beverage tax revenue under
Subsection (b)(2) or (b)(3) of this section. The comptroller shall discontinue
retaining [municipal] sales and use tax revenue and mixed beverage tax revenue
under this subsection on the earlier of:
(1)iithe end of the third calendar month following the month in which the closing event of the games occurs; or
(2)iithe date the amount of local [municipal] sales and use tax revenue
and mixed beverage tax revenue in the Olympic Games trust fund equals 14
percent of the maximum amount of state and local [municipal] tax revenue that
may be deposited in the trust fund under Subsection (m) of this section.
(e)iiIn addition to [municipal] sales and use tax revenue and mixed beverage
tax revenue retained under Subsection (d) of this section and hotel occupancy tax
revenue retained under Subsection (f) of this section, an endorsing municipality
or endorsing county may guarantee its obligations under a games support contract
and this Act by pledging surcharges from user fees, including parking or ticket
fees, charged in connection with presentation of the games.
(f)iiSubject to [Section 6 of this Act and] Subsection (m) of this section,
each endorsing municipality or endorsing county shall remit to the comptroller
and the comptroller shall deposit into a trust fund designated as the Olympic
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(1)iithe end of the third calendar month following the month in which the closing event of the games occurs; or
(2)iithe date the amount of state revenue in the Olympic Games trust
fund equals 86 percent of the maximum amount of state, [and] municipal, and
county tax revenue that may be deposited in the trust fund under Subsection (m)
of this section.
(g)iiThe department may use the funds in the Olympic Games trust fund
only to fulfill joint obligations of the state and each [the] endorsing municipality
or endorsing county to a site selection organization under a games support
contract or any other agreement providing assurances from the department or the
[endorsing] municipality or county to a site selection organization.
(i)iiThe comptroller shall provide an estimate before August 31 of the year
that is 12 years before the year in which the games would be held in this state,
[2000,] or as soon as practical after that date, of the total amount of state, [and]
municipal, and county tax revenue that would be deposited in the Olympic
Games trust fund if the games were to be held in this state at a site selected
pursuant to an application by a local organizing committee. The comptroller shall
provide the estimate on request to a local organizing committee. A local
organizing committee may submit the comptroller's estimate to a site selection
organization.
(j)iiThe department may not make a disbursement from the Olympic Games
trust fund unless the comptroller certifies that the disbursement is for a purpose
for which the state and each [the] endorsing municipality or endorsing county are
jointly obligated under a games support contract or other agreement described by
Subsection (g) of this section. A disbursement may not be made from the trust
fund that the department determines would be used for the purpose of soliciting
the relocation of a professional sports franchise located in this state.
(k)iiIf the comptroller certifies under Subsection (j) of this section that a disbursement may be made from the Olympic Games trust fund, the obligation shall be satisfied proportionately from the state and municipal or county revenue in the trust fund.
3090 78th LEGISLATURE — REGULAR SESSION
(l)iiTwo years after the closing event of the games, the comptroller shall
transfer to the general revenue fund any money remaining in the Olympic Games
trust fund, not to exceed the amount of state revenue remaining in the trust fund,
plus any interest earned on that state revenue. The comptroller shall remit to each
[the] endorsing entity in proportion to the amount contributed by the entity
[municipality] any money remaining in the trust fund after the required amount is
transferred to the general revenue fund.
(m)iiIn no event may:
(1)iithe total amount of state, [and] municipal, and county tax revenue
deposited in the Olympic Games trust fund exceed $100 million; or
(2)iithe joint liability of the state and an [the] endorsing municipality or
county under a joinder agreement and any other games support contracts entered
into pursuant to this Act exceed the lesser of:
(A)ii$100 million; or
(B)iithe total amount of revenue deposited in the Olympic Games trust fund and interest earned on the fund.
SECTIONi__.05.iiChapter 1507, Acts of the 76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes), is amended by adding Section 5A to read as follows:
Sec.i5A.iiPAYMENT OF STATE AND MUNICIPAL OR COUNTY OBLIGATIONS; OTHER EVENTS TRUST FUND. (a) In this section:
(1)ii"Endorsing county" means a county that has a population of one million or more and that contains a site selected by a site selection organization for one or more games.
(2)ii"Endorsing municipality" means a municipality that has a population of one million or more and that contains a site selected by a site selection organization for one or more games.
(3)ii"Event support contract" means a joinder undertaking, joinder agreement, or a similar contract executed by an endorsing municipality or endorsing county and a site selection organization.
(4)ii"Game" means a Super Bowl, a National Collegiate Athletic Association Final Four tournament game, the National Basketball Association All-Star Game, the National Hockey League All-Star Game, the Major League Baseball All-Star Game, a National Collegiate Athletic Association Bowl Championship Series game, a World Cup Soccer game, or the World Games. The term includes any events and activities related to or associated with the games.
(5)ii"Site selection organization" means the National Football League, the National Collegiate Athletic Association, the National Basketball Association, the National Hockey League, Major League Baseball, the Federation Internationale de Football Association (FIFA), or the International World Games Association.
(b)iiIf a site selection organization selects a site for a game in this state pursuant to an application by a local organizing committee, endorsing municipality, or endorsing county, not later than three months before the date of
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3091
(1)iithe incremental increase in the receipts to the state from taxes imposed under Chapters 151, 152, 156, and 183, Tax Code, and under Title 5, Alcoholic Beverage Code, within the market areas designated under Subsection (c) of this section, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the game and related events;
(2)iithe incremental increase in the receipts collected by the state on behalf of each endorsing municipality in the market area from the sales and use tax imposed by each endorsing municipality under Section 321.101(a), Tax Code, and the mixed beverage tax revenue to be received by each endorsing municipality under Section 183.051(b), Tax Code, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the game and related events;
(3)iithe incremental increase in the receipts collected by the state on behalf of each endorsing county in the market area from the sales and use tax imposed by each endorsing county under Section 323.101(a), Tax Code, and the mixed beverage tax revenue to be received by each endorsing county under Section 183.051(b), Tax Code, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the game and related events;
(4)iithe incremental increase in the receipts collected by each endorsing municipality in the market area from the hotel occupancy tax imposed under Chapter 351, Tax Code, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the game and related events; and
(5)iithe incremental increase in the receipts collected by each endorsing county in the market area from the hotel occupancy tax imposed under Chapter 352, Tax Code, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the game and related events.
(c)iiFor the purposes of Subsection (b)(1) of this section, the comptroller shall designate as a market area for the game each area in which the comptroller determines there is a reasonable likelihood of measurable economic impact directly attributable to the preparation for and presentation of the game and related events, including areas likely to provide venues, accommodations, and services in connection with the game based on the proposal provided by the local organizing committee to the comptroller. The comptroller shall determine the geographic boundaries of each market area. An endorsing municipality or endorsing county that has been selected as the site for the game must be included in a market area for the game.
(d)iiEach endorsing municipality or endorsing county shall remit to the comptroller and the comptroller shall deposit into a trust fund created by the comptroller and designated as the Other Events trust fund the amount of the municipality's or county's hotel occupancy tax revenue determined under Subsection (b)(4) or (b)(5) of this section, less any amount of the revenue that the
3092 78th LEGISLATURE — REGULAR SESSION
(e)iiIn addition to the tax revenue deposited in the Other Events trust fund under Subsection (d) of this section, an endorsing municipality or endorsing county may guarantee its obligations under a game support contract and this section by pledging surcharges from user fees, including parking or ticket fees, charged in connection with the game.
(f)iiThe comptroller shall deposit a portion of the state tax revenue determined under Subsection (b)(1) of this section in an amount equal to 6.25 times the amount of the local sales and use tax revenue and mixed beverage tax revenue retained and the hotel occupancy tax revenue remitted by an endorsing municipality or endorsing county under Subsection (d) of this section.
(g)iiTo meet its obligations under a game support contract or event support contract to improve, construct, renovate, or acquire facilities or to acquire equipment, an endorsing municipality by ordinance or an endorsing county by order may authorize the issuance of notes. An endorsing municipality or endorsing county may provide that the notes be paid from and secured by amounts on deposit or amounts to be deposited into the Other Events trust fund or surcharges from user fees, including parking or ticket fees, charged in connection with the game. Any note issued must mature not later than seven years from its date of issuance.
(h)iiThe funds in the Other Events trust fund may be used to pay the principal of and interest on notes issued by an endorsing municipality or endorsing county under Subsection (g) of this section and to fulfill obligations of the state or an endorsing municipality or endorsing county to a site selection organization under a game support contract or event support contract, which obligations may include the payment of costs relating to the preparations necessary or desirable for the conduct of the game and the payment of costs of conducting the game, including improvements or renovations to existing facilities or other facilities and costs of acquisition or construction of new facilities or other facilities.
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(i)iiA local organizing committee, endorsing municipality, or endorsing county shall provide information required by the comptroller to enable the comptroller to fulfill the comptroller's duties under this section, including annual audited statements of any financial records required by a site selection organization and data obtained by the local organizing committee, an endorsing municipality, or an endorsing county relating to attendance at the game and to the economic impact of the game. A local organizing committee, endorsing municipality, or endorsing county must provide an annual audited financial statement required by the comptroller, if any, not later than the end of the fourth month after the date the period covered by the financial statement ends.
(j)iiThe comptroller shall provide an estimate not later than three months before the date of a game of the total amount of tax revenue that would be deposited in the Other Events trust fund under this section in connection with that game, if the game were to be held in this state at a site selected pursuant to an application by a local organizing committee, endorsing municipality, or endorsing county. The comptroller shall provide the estimate on request to a local organizing committee, endorsing municipality, or endorsing county. A local organizing committee, endorsing municipality, or endorsing county may submit the comptroller's estimate to a site selection organization.
(k)iiThe comptroller may make a disbursement from the Other Events trust fund on the prior approval of each contributing endorsing municipality or endorsing county for a purpose for which an endorsing municipality or endorsing county or the state is obligated under a game support contract or event support contract. A disbursement may not be made from the trust fund that the comptroller determines would be used for the purpose of soliciting the relocation of a professional sports franchise located in this state.
(l)iiIf a disbursement is made from the Other Events trust fund under Subsection (k), the obligation shall be satisfied proportionately from the state and local revenue in the trust fund.
(m)iiOn payment of all state, municipal, or county obligations under a game support contract or event support contract related to the location of any particular game in the state, the comptroller shall remit to each endorsing entity, in proportion to the amount contributed by the entity, any money remaining in the trust fund.
(n)iiThis subsection applies only to a bid for or hosting of the 2004 Super Bowl. Notwithstanding any provision in this section to the contrary, the comptroller may not retain and the endorsing municipality or endorsing county may not remit to the comptroller, as applicable, the local tax revenues described in Subsection (b)(2), (b)(3), (b)(4), or (b)(5) of this section. For purposes of Subsection (f) of this section, the comptroller shall deposit a portion of the state tax revenue determined under Subsection (b)(1) of this section in an amount equal to 6.25 times the amount of the local sales and use tax revenue and mixed beverage tax revenue that the comptroller determines pursuant to Subsection (b) of this section represents the incremental increase in receipts to an endorsing municipality or endorsing county.
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(o)iiThis section may not be construed as creating or requiring a state guarantee of obligations imposed on the state or an endorsing municipality or endorsing county under a game support contract or other agreement relating to hosting one or more games in this state.
(p)iiThe comptroller may not undertake any of the responsibilities or duties set forth in this section unless a request is submitted by the municipality and the county in which the game will be located. The request must be accompanied by documentation from a site selection organization selecting the site for the game.
(q)iiThis section expires January 1, 2007.
SECTIONi__.06.iiSection 6, Chapter 1507, Acts of the 76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes), is amended to read as follows:
Sec.i6.iiMUNICIPAL OR COUNTY ELECTION. (a) Except as provided
by Subsections [Subsection] (b) and (d) of this section, an endorsing municipality
or endorsing county must hold an election in the municipality or county to
determine whether the municipality or county may contribute a portion of its
sales and use taxes [and hotel occupancy taxes to the Pan American Games trust
fund under Section 4 of this Act or a portion of its sales and use taxes] to the
Olympic Games trust fund under Section 5 of this Act[, as applicable to the
games for which the municipality has authorized a bid on its behalf]. The election
must be held on a uniform election date [that occurs after the effective date of this
Act and] before the date a site selection organization requires the endorsing
municipality or endorsing county and the state to enter into a joinder undertaking
relating to the applicable games.
(b)ii[An endorsing municipality authorizing a bid on its behalf for the 2007
Pan American Games is not required to hold an election under this section if there
is not a sufficient number of days between the effective date of this Act and a
uniform election date that occurs before the date a site selection organization
requires that the endorsing municipality and the state enter into a joinder
undertaking to allow the municipality to submit the proposed election to the
United States attorney general for preclearance under Section 5 of the Voting
Rights Act of 1965, as amended (42 U.S.C. Section 1973c), at least 120 days
before the election.
[(c)]iiIf an endorsing municipality or endorsing county is required to hold an
election under this section and the contribution of a portion of the municipality's
or county's sales and use taxes to the [Pan American Games trust fund or]
Olympic Games trust fund under Section 5 of this Act [, as applicable to the
games for which the endorsing municipality authorized a site selection bid on its
behalf,] is not approved by a majority of the voters voting in the election:
(1)iithe comptroller may not establish the [Pan American Games trust
fund under Section 4 of this Act or the] Olympic Games trust fund under Section
5 of this Act[, as applicable], may not retain the municipality's or county's
[municipal sales and use] tax revenue under Section [4(d) or] 5(d) of this Act[, as
applicable,] from amounts otherwise required to be sent to that municipality or
county [under Section 321.502, Tax Code], and may not deposit any state tax
revenue into the trust fund;
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(2)iithe comptroller is not required to determine the incremental increase
in state, county, or [and] municipal tax revenue under Section [4(b) or] 5(b) of
this Act[, as applicable]; and
(3)iithe department may not enter into a games support contract relating to the games for which the municipality or county has authorized a bid on its behalf.
(c)iiNotwithstanding any other provisions of this Act, an endorsing municipality or endorsing county is not required to hold an election in order to contribute its mixed beverage tax revenue or its hotel occupancy tax revenue to the Olympic Games trust fund under Section 5 of this Act.
SECTIONi__.07.iiSections 7(a), (b), (e), (f), (g), (i), and (j), Chapter 1507, Acts of the 76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes), are amended to read as follows:
(a)iiThe department shall review requests from a local organizing committee, endorsing municipality, or endorsing county that the department, on behalf of the state, enter into a games support contract that is required by a site selection organization in connection with the committee's, municipality's, or county's bid to host any of the games. This section does not affect or apply to an event support contract under Section 5A of this Act to which the department is not a party.
(b)iiA request made under Subsection (a) of this section must be accompanied by:
(1)iia general description and summary of the games for which a site selection is sought by the local organizing committee, endorsing municipality, or endorsing county;
(2)iia preliminary and general description of the proposal the local organizing committee, endorsing municipality, or endorsing county intends to submit to a site selection organization;
(3)iithe estimated cost of preparing and submitting the intended proposal;
(4)iithe local organizing committee's, endorsing municipality's, or endorsing county's intended method of obtaining the funds needed for the purpose of preparing the proposal;
(5)iia description by type and approximate amount of the site selection application costs that the local organizing committee, endorsing municipality, or endorsing county intends to pay; and
(6)iiany other information reasonably requested by the department to assist it in reviewing the request.
(e)iiThe department may agree in a joinder agreement that the state will:
(1)iiprovide or cause to be provided all of the governmental funding, facilities, and other resources specified in the local organizing committee's, endorsing municipality's, or endorsing county's bid to host the games;
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(2)iibe bound by the terms of, cause the local organizing committee, endorsing municipality, or endorsing county to perform, and guarantee performance of the local organizing committee's, endorsing municipality's, or endorsing county's obligations under contracts relating to selecting a site in this state for the games; and
(3)iibe jointly and severally liable with the local organizing committee, endorsing municipality, or endorsing county for:
(A)iiobligations of the local organizing committee, endorsing municipality, or endorsing county to a site selection organization, including obligations indemnifying the site selection organization against claims of and liabilities to third parties arising out of or relating to the games; and
(B)iiany financial deficit relating to the games.
(f)iiThe department may agree to execute a joinder undertaking, a joinder agreement, or other games support contract only if:
(1)iithe department determines that:
(A)iithe state's assurances and obligations under the undertaking, agreement, or contract are reasonable; and
(B)iiany financial commitments of the state will be satisfied exclusively by recourse to the Pan American Games trust fund or the Olympic Games trust fund, as applicable; and
(2)iithe endorsing municipality or endorsing county has executed an agreement with a site selection organization that contains substantially similar terms.
(g)iiBefore executing a games support contract, the department must execute
an agreement with the [applicable] local organizing committee, endorsing
municipality, or endorsing county requiring that if a site selection organization
selects a site for the games in this state pursuant to an application by the local
organizing committee, endorsing municipality, or endorsing county, the local
organizing committee, endorsing municipality, or endorsing county will repay the
state any funds expended by the department under this Act from any surplus of
the local organizing committee's, endorsing municipality's, or endorsing county's
funds remaining after the presentation of the games and after the payment of the
expenses and obligations incurred by the local organizing committee, endorsing
municipality, or endorsing county.
(i)iiThe department may require a local organizing committee, endorsing municipality, or endorsing county to list the state as an additional insured on any policy of insurance purchased by the local organizing committee, endorsing municipality, or endorsing county and required by a site selection organization to be in effect in connection with the games.
(j)iiThe Texas Department of Transportation, the Department of Public Safety of the State of Texas, and the Texas Department of Housing and Community Affairs may:
(1)iiassist a local organizing committee, endorsing municipality, or endorsing county in developing applications and planning for the games; and
(2)iienter into contracts, agreements, or assurances related to the presentation of the games.
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SECTIONi__.08.iiSection 26.041, Tax Code, is amended by adding Subsection (j) to read as follows:
(j)iiAny amount derived from the sales and use tax that is retained by the comptroller under Section 4 or 5, Chapter 1507, Acts of the 76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes), is not considered to be sales and use tax revenue for purposes of this section.
SECTIONi__.09.iiSection 7(k), Chapter 1507, Acts of the 76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes), is repealed.
Amendment No. 17 was adopted without objection.
CSSB 275, as amended, was passed to third reading.
SB 693 - VOTE RECONSIDERED
Representative Eiland moved to reconsider the vote by which SB 693 was passed.
The motion to reconsider prevailed.
SB 693 ON THIRD READING
(Eiland - House Sponsor)
SB 693, A bill to be entitled An Act relating to the use of flame effects and pyrotechnics before an assembly; providing a penalty.
Amendment No. 1
On behalf of Representative Reyna, Representative Eiland offered the following amendment to SBi693:
Amend SB 693 as follows:
(1) Page 5, line 9, strike "worker's compensation insurance and"
Amendment No. 1 was adopted without objection.
SB 693, as amended, was passed.
MAJOR STATE CALENDAR
(consideration continued)
SB 281 ON SECOND READING
(Solomons - House Sponsor)
SB 281, A bill to be entitled An Act relating to the continuation of the Council on Workforce and Economic Competitiveness as the Texas Workforce Investment Council and to the functions performed by the council.
SB 281 was passed to third reading.
3098 78th LEGISLATURE — REGULAR SESSION
CSSB 279 ON SECOND READING
(Solomons, Dunnam, and Chisum - House Sponsors)
CSSB 279, A bill to be entitled An Act relating to the continuation and functions of the Texas Department of Licensing and Regulation, including certain functions transferred to the department from the Texas Department of Insurance and the Texas Commission on Environmental Quality and including certain functions transferred from the department to the Department of Public Safety.
Amendment No. 1
Representative Solomons offered the following amendment to CSSBi279:
Amend CSSB 279 on page 1, lines 4-5, by striking "the Texas Department of Insurance and".
Amendment No. 1 was adopted without objection.
Amendment No. 2
Representative Solomons offered the following amendment to CSSBi279:
Amend CSSB 279 on page 17 by striking lines 9-16.
Amendment No. 2 was adopted without objection.
Amendment No. 3
Representative Solomons offered the following amendment to CSSBi279:
Amend CSSB 279 (house committee report) in SECTION 3.005 of the bill (page 26, lines 5-19) by striking added Section 9, Article 9102, Revised Statutes, and substituting a new Section 9 to read as follows:
Sec.i9.iiCOMPLAINTS. (a) The department shall continue to monitor a complaint made under Section 51.252, Occupations Code, that alleges that a building or facility is not in compliance with the standards and specifications adopted by the commission under this article until the department determines that:
(1)iithe building or facility has been brought into compliance; or
(2)iithe building or facility is not required to be brought into compliance because of a rule or statute, including Section 2(c) of this article.
(b)iiIf the building or facility is not required to be brought into compliance, the department shall, on final disposition of the complaint, notify in writing the person filing the complaint that the building or facility is not required to be brought into compliance because of a rule or statute and provide a reference to the rule or statute.
(c)iiThe department, at least quarterly and for as long as the department continues to monitor the complaint under Subsection (a) of this section, shall notify the person filing the complaint of the status of the monitoring.
Amendment No. 3 was adopted without objection.
Amendment No. 4
Representative Solomons offered the following amendment to CSSBi279:
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3099
Amend CSSB 279 by striking Articles 5, 10, 21, 23, and 27 of the bill.
Amendment No. 4 was adopted without objection.
Amendment No. 5
Representative Solomons offered the following amendment to CSSBi279:
Amend CSSB 279 as follows:
(1)iiOn page 65, strike lines 18-19 and substitute:
SECTIONi12.002.iiSection 1202.003, Occupations Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows:
(2)iiOn page 65, strike lines 26-27 and substitute:
the module or the modular component is transported to the commercial
[permanent] site and erected or installed [on a permanent foundation system].
(d)iiAn industrialized building includes a permanent commercial structure and a commercial structure designed to be transported from one commercial site to another commercial site.
(3)iiOn page 66, line 27, strike "or 1202.206".
(4)iiOn page 69, between lines 25 and 26, insert:
SECTIONi12.013.iiSection 1202.205, Occupations Code, is amended to read as follows:
Sec.i1202.205.iiRECIPROCITY. (a) The commission [commissioner] by
rule may authorize an inspection of industrialized housing or buildings
constructed in another state to be performed by an inspector of the equivalent
regulatory agency of the other state.
(b)iiThe commission [commissioner] by rule may authorize an inspection of
industrialized housing or buildings constructed in this state for use in another
state.
(c)iiThe commission [commissioner] shall enter into a reciprocity agreement
with the equivalent regulatory agency of the other state as necessary to implement
this section.
(5)iiRenumber the sections of Article 12 of the bill accordingly.
(6)iiOn page 86, line 2, between "commission" and "[commissioner]", insert
", with the commission's approval,".
(7)iiOn page 104, line 10, between "commission" and "[commissioner]",
insert ", with the commission's approval,".
(8)iiOn page 104, line 27, between "commission" and "[commissioner]",
insert ", with the commission's approval,".
(9)iiOn page 105, line 6, between "commission" and "[commissioner]",
insert ", with the commission's approval,".
(10)iiOn page 113, line 7, between "commission" and "[council]", insert ",
with the commission's approval,".
(11)iiStrike page 162, line 25 through page 164, line 5.
(12)iiStrike page 169, line 27 through page 170, line 5.
(13)iiRenumber the sections of Article 28 of the bill accordingly.
Amendment No. 5 was adopted without objection.
3100 78th LEGISLATURE — REGULAR SESSION
Amendment No. 6
Representative Solomons offered the following amendment to CSSBi279:
Amend CSSB 279 as follows:
(1)iiOn page 72, lines 25 and 26, strike "Section 1903.151(a), Occupations Code, is amended" and substitute "Section 1903.151, Occupations Code, is amended by amending Subsection (a) and adding Subsection (c)".
(2)iiOn page 73, between lines 6 and 7, insert:
(c)iiThe Texas Commission on Environmental Quality shall designate one person to serve as a nonvoting member of the council.
(3)iiOn page 128, between lines 4 and 5, insert:
Sec.i38.056.iiCOORDINATION WITH TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. In administering this chapter, the department shall coordinate with the Texas Commission on Environmental Quality on water quality and environmental issues.
(4)iiOn page 128, line 5, strike "38.056" and substitute "38.057".
Amendment No. 6 was withdrawn.
Amendment No. 7
Representative Solomons offered the following amendment to CSSBi279:
Amend CSSB 279 by adding an appropriately numbered ARTICLE and renumbering the subsequent ARTICLES of the bill appropriately:
ARTICLE 28. RENTAL-PURCHASE AGREEMENTS
SECTION 1. Section 35.71, Business & Commerce Code, is amended by adding Subdivisions (3-a) to read as follows:
(3-a) "Loss damage waiver" means a merchant's agreement not to hold a consumer liable for loss from all or part of any damage to merchandise.
SECTION 2. Section 35.72 (c), Business & Commerce Code, is amended to read as follows:
(c) A rental-purchase agreement may not contain a provision:
(1) requiring a confession of judgment;
(2) authorizing a merchant or an agent of the merchant to commit a breach of the peace in the repossession of the merchandise;
(3) waiving a defense, counterclaim, or right the consumer may have against the merchant or an agent of the merchant;
(4) requiring the purchase of insurance or a loss damage waiver from the merchant to cover the merchandise;
(5) requiring the payment of a late charge or reinstatement fee unless a periodic payment is delinquent for more than seven days if the payment is due monthly, or is delinquent for more than three days if the payment is due more frequently than monthly, and the charge or fee is in an amount equal to not more than the lesser of five percent of the delinquent payment or $5, and not less than $2; or
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3101
(6) requiring a payment at the end of the scheduled rental-purchase term in excess of or in addition to a regular periodic payment in order to acquire ownership of the merchandise. In no event shall the consumer be required to pay a sum greater than the total amount to be paid to acquire ownership, as directed in Subsection (g) (3) of this section.
SECTION 3. Subchapter F, chapter 35, Business & Commerce Code, is amended by adding Section 35.721 to read as follows:
Sec. 35.721. LOSS DAMAGE WAIVER. (a) In addition to other charges permitted by this subchapter, a consumer may contract for a loss damage waiver. A loss damage waiver is not insurance.
(b) A merchant may not sell a loss damage waiver unless the consumer agrees to the waiver in writing. A merchant may not impose or require the purchase of a loss damage waiver as a mandatory charge.
(c) A loss damage waiver may exclude loss or damage to the merchandise that is caused by an unexplained disappearance or abandonment of the merchandise, or any other damage that is intentionally caused by the consumer or that results from the consumer's wilful or wanton misconduct.
(d) A loss damage waiver agreement must include a statement of the total charge for the loss damage waiver.
(e) A merchant may charge a periodic fee for a loss damage waiver that may not exceed 10 percent of the periodic rental payment.
(f) A contract that offers a loss damage waiver must include the following notice:
"This contract offers an optional loss damage waiver for a additional charge to cover your responsibility for loss of or damage to the merchandise. You do not have to purchase this coverage. Before deciding whether or not to purchase this loss damage waiver, you may consider whether your homeowners' or casualty insurance policy affords you coverage for loss of or damage to rental merchandise and the amount of the deductible you would pay under your policy."
(g) a merchant may not sell a loss damage waiver unless the form of the contract containing the waiver has been approved by the Texas Department of Licensing and Regulation.
(h) The Texas Commission of Licensing and Regulation shall by rule:
(1) provide for annual submission of a all contract forms, and all
amendments to contract forms, containing a loss damage waiver for review; and
(2) establish a reasonable fee to be paid by the merchant for the review of contract forms and for Texas Department of Licensing and Regulation administration of this subchapter.
SECTION 4. Subchapter F, Chapter 35, Business and Commerce Code, is amended by adding Section 35.722 to read as follows:
Section 35.722 ENFORCEMENT; INVESTIGATION; HEARING.
(a) The Executive Director of the Texas Department of Licensing and Regulation shall enforce Section 35.721 and may investigate any merchant who has one or more contracts that include loss damage waivers as necessary.
3102 78th LEGISLATURE — REGULAR SESSION
(b) A person may file a complaint alleging a violation of Section 35.721 with the Executive Director of the Texas Department of Licensing and Regulation, who shall investigate the alleged violation on receipt of the complaint, and may inspect any records relevant to the complaint.
(c) If, as a result of an investigation, the Executive Director of the Texas Department of Licensing and Regulation determines that a violation may have occurred, an opportunity for a hearing shall be provided pursuant to the provisions of the Administrative Procedure Act, Gov't Code, Chapter 2001.
(d) If, after opportunity for hearing, the Texas Commission of Licensing and Regulation determines that the merchant has violated Section 35.721, the Commission may, as appropriate:
(1) impose an administrative penalty pursuant to Occupations Code, Chapter 51, Subchapter F, ad
(2) award the complaint damages in an amount up to the amount of the contract price for the merchandise.
Section 5. The change in law made by this article applies only to a rental-purchase agreement entered into on or after the effective date of this Act. A rental-purchase agreement entered into before the effective date of this Act is governed by the law in effect on the date on which the rental-purchase agreement was entered into, and the former law is continued in effect for that purpose.
Amendment No. 7 was adopted without objection.
Amendment No. 8
Representative Solomons offered the following amendment to CSSBi279:
Amend CSSB 279 by adding the following appropriately numbered sections to the bill and renumbering subsequent sections accordingly:
SECTION 29. Subchapter I, Chapter 2054, Government Code, as added by Chapter 353, Acts of the 77th Legislature, Regular Session, 2001, is amended by adding Sections 2054.255 and 2054.256 to read as follows:
Sec. 2054.255. CHANGE OF ADDRESS AND OTHER INFORMATION. (a) The system adopted under Section 2054.253, as added by Chapter 353, Acts of the 77th Legislature, Regular Session, 2001, must allow a person regulated by one or more licensing authorities to file a single change of address on-line with the department. The department shall provide the new address to each appropriate licensing authority.
(b) The department may expand the system to include additional categories of updated information that license holders may need to provide to more than one licensing authority.
(c) If the department uses TexasOnline to implement the system, the department may recover costs incurred under this section as provided by Section 2054.252, as added by Chapter 342, Acts of the 77th Legislature, Regular Session, 2001.
Sec. 2054.256. SHARING OF INFORMATION. (a) Each licensing authority shall electronically share information regarding license holders, especially information regarding disciplinary information, with other licensing
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(b) A licensing authority may only use information it receives electronically under this section for regulatory purposes.
SECTION 30. This Act takes effect September 1, 2003.
Amendment No. 8 was adopted without objection.
Amendment No. 9
Representative Driver offered the following amendment to CSSBi279:
Amend CSSB 279 in Article 3 of the bill by adding the following new SECTION, appropriately numbered, and renumbering subsequent SECTIONS of Article 3 appropriately:
SECTIONi___.iiSection 2, Article 9102, Revised Statutes, is amended by adding Subsection (h) to read as follows:
(h)iiIf any portion of a building described by Subsection (a)(1) of this section is occupied solely for residential use and the remaining occupied portion of the building is occupied for nonresidential use, the executive director shall consider only the nonresidential portion of the building in determining whether the building complies with the standards and specifications adopted under this article.
Amendment No. 9 was adopted without objection.
Amendment No. 10
Representative Geren offered the following amendment to CSSBi279:
Amend CSSB 279 by striking Article 11 of the bill (house committee printing, page 54, line 8, through page 65, line 4) and substituting the following:
ARTICLE 11. ELEVATORS, ESCALATORS, AND RELATED EQUIPMENT
SECTIONi11.01.iiSubchapter B, Chapter 754, Health and Safety Code, is amended to read as follows:
SUBCHAPTERiB.iiINSPECTION, [AND] CERTIFICATION, AND
REGISTRATION
Sec.i754.011.iiDEFINITIONS. In this subchapter:
(1)ii"Acceptance inspection" means an inspection performed at the completion of the initial installation or alteration of equipment and in accordance with the applicable ASME Code A17.1.
(2)ii"Accident" means an event involving equipment that results in death or serious bodily injury to a person.
(3)ii"Alteration" means a change in or modernization of existing equipment. The term does not include maintenance, repair, replacement, or a cosmetic change that does not affect the operational safety of the equipment or diminish the safety of the equipment below the level required by the ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, or ASCE Code 21, as applicable, at the time of alteration.
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(4)ii"Annual inspection" means an inspection of equipment performed in a 12-month period in accordance with the applicable ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, or ASCE Code 21. The term includes an acceptance inspection performed within that period.
(5)ii"ASCE Code 21" means the American Society of Civil Engineers Code 21 for people movers operated by cables.
(6)ii"ASME Code A17.1" means the American Society of Mechanical Engineers Safety Code for Elevators and Escalators A17.1.
(6-a)ii"Executive director" means the executive director of the department.
(7)i[(2)]ii"ASME Code A17.3" means the 2002 American Society of
Mechanical Engineers Safety Code for Elevators and Escalators A17.3.
(8)ii"ASME Code A18.1" means the American Society of Mechanical Engineers Safety Code for Platform Lifts and Stairway Chairlifts A18.1.
(9)i[(3)]ii"Board" means the elevator advisory board.
(10)i[(4)]ii"Commission" means the Texas Commission of Licensing
and Regulation.
(11)i[(5)]ii"Commissioner" means the commissioner of licensing and
regulation.
(12)ii"Contractor" means a person engaged in the installation, repair, or maintenance of equipment. The term does not include an employee of a contractor or a person engaged in cleaning or any other work performed on equipment that does not affect the operational safety of the equipment or diminish the safety of the equipment below the level required by the ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, or ASCE Code 21, as applicable.
(13)i[(6)]ii"Department" means the Texas Department of Licensing and
Regulation.
(14)ii"Equipment" means an elevator, escalator, chairlift, platform lift, automated people mover operated by cables, or moving sidewalk, or related equipment.
(15)ii"Industrial facility" means a facility to which access is primarily limited to employees or contractors working in that facility.
(16)i[(7)]ii"Qualified historic building or facility" means a building or
facility that is:
(A)iilisted in or eligible for listing in the National Register of Historic Places; or
(B)iidesignated as a Recorded Texas Historic Landmark or State Archeological Landmark.
(17)i[(8)]ii"Related equipment" means:
(A)iiautomatic equipment that is used to move a person in a manner
that is similar to that of an elevator, an [or] escalator, a chairlift, a platform lift, an
automated people mover operated by cables, or [and includes] a moving
sidewalk; and
(B)iihoistways, pits, and machine rooms for equipment.
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(18)ii"Serious bodily injury" means a major impairment to bodily function or serious dysfunction of any bodily organ or part requiring medical attention.
(19)ii"Unit of equipment" means one elevator, escalator, chairlift, platform lift, automated people mover operated by cables, or moving sidewalk, or related equipment.
Sec.i754.0111.iiEXEMPTION. (a)iiThis subchapter does not apply to [an
elevator, escalator, or related] equipment in a private building for a labor union,
trade association, private club, or charitable organization that has two or fewer
floors.
(b)iiThis subchapter does not apply to an elevator located in a single-family dwelling, except as provided by Section 754.0141.
Sec.i754.012.iiELEVATOR ADVISORY BOARD. (a)iiThe elevator
advisory board is composed of nine members appointed by the presiding officer
of the commission [commissioner] as follows:
(1)iia representative of the insurance industry or a certified elevator inspector;
(2)iia representative of [elevator, escalator, and related] equipment
constructors;
(3)iia representative of owners or managers of a building [buildings]
having fewer than six stories and having [an elevator, an escalator, or related]
equipment;
(4)iia representative of owners or managers of a building [buildings]
having six stories or more and having [an elevator, an escalator, or related]
equipment;
(5)iia representative of independent [elevator, escalator, and related]
equipment maintenance companies;
(6)iia representative of [elevator, escalator, and related] equipment
manufacturers;
(7)iia licensed or registered engineer or architect [representative of
professional engineers or architects];
(8)iia public member; and
(9)iia public member with a physical disability.
(b)iiBoard members serve at the will of the commission [commissioner].
(c)iiThe presiding officer of the commission [commissioner] shall appoint a
presiding officer of the board to serve for two years.
(d)iiThe board shall meet at least twice each calendar year.
(e)iiA board member serves without compensation but is entitled to
reimbursement for travel as provided for in the General Appropriations Act [and
other necessary expenses incurred in performing duties under this subchapter].
Sec.i754.013.iiBOARD DUTIES. To protect public safety and to identify
and correct potential hazards, the board shall advise the commission
[commissioner] on:
(1)iithe adoption of appropriate standards for the installation, alteration,
operation, and inspection of [elevators, escalators, and related] equipment;
3106 78th LEGISLATURE — REGULAR SESSION
(2)iithe status of [elevators, escalators, and related] equipment used by
the public in this state; [and]
(3)iisources of information relating to equipment safety;
(4)iipublic awareness programs related to elevator safety, including programs for sellers and buyers of single-family dwellings with elevators, chairlifts, or platform lifts; and
(5)iiany other matter considered relevant by the commission
[commissioner].
Sec.i754.014.iiSTANDARDS ADOPTED BY COMMISSION
[COMMISSIONER]. (a)iiThe commission [commissioner] shall adopt standards
for the installation, maintenance, alteration, operation, and inspection of
[elevators, escalators, and related] equipment used by the public in:
(1)iibuildings owned or operated by the state, a state-owned institution or agency, or a political subdivision of the state; and
(2)iibuildings that contain [an elevator, an escalator, or related]
equipment that is open to the general public, including a hotel, motel, apartment
house, boardinghouse, church, office building, shopping center, or other
commercial establishment.
(b)iiStandards adopted by the commission [commissioner] may not contain
requirements in addition to the requirements in the ASME Code A17.1, [or]
ASME Code A17.3, ASME Code A18.1, or ASCE Code 21. The standards must
allow alteration of existing equipment if the alteration does not diminish the
safety of the equipment below the level required by this subchapter at the time of
alteration.
(c)iiStandards adopted by the commission [commissioner] must require
[elevators, escalators, and related] equipment to comply with the installation
requirements of the [following, whichever is the least restrictive:
[(1)iithe] ASME Code A17.1, ASME Code A18.1, or ASCE Code 21
that was in effect and applicable on the date of installation of the [elevators,
escalators, and related] equipment[; or
[(2)iian applicable municipal ordinance governing the installation of
elevators, escalators, and related equipment that was in effect on the date of
installation].
(d)iiStandards adopted by the commission [commissioner] must require
[elevators, escalators, and related] equipment to comply with the installation
requirements of the [1994] ASME Code A17.3 that contains minimum safety
standards for all [elevators, escalators, and related] equipment, regardless of the
date of installation.
(e)iiThe executive director [On written request, the commissioner] shall
grant a delay for compliance with the applicable ASME Code A17.1, [or the
1994] ASME Code A17.3, or ASME Code A18.1 until a specified time if
compliance is not readily achievable, as that phrase is defined in the Americans
with Disabilities Act (42 U.S.C. Section 12101 et seq.), or regulations adopted
under that Act. The accumulated total time of all delays may not exceed three
years, except as provided by Subsection (f) or as allowed in the discretion of the
executive director.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3107
(f)iiThe executive director [On written request, the commissioner] shall
grant a delay until September 1, 2005, for compliance with the requirements for
door restrictors or firefighter's service in the [1994] ASME Code A17.3 if those
requirements were not included in the ASME Code A17.1 that was in effect on
the date of installation [of the elevator, escalator, or related equipment] and the
[that] equipment was not subsequently installed [by an owner of the elevator,
escalator, or related equipment].
(g)iiThe executive director [commissioner] may grant a waiver of
compliance from an applicable code requirement [with the applicable ASME
Code A17.1 or the 1994 ASME Code A17.3] if the executive director
[commissioner] finds that:
(1)iithe building in which the [elevator, escalator, or related] equipment
is located is a qualified historic building or facility or the noncompliance is due to
structural components of the building; [and]
(2)iinoncompliance will not constitute a significant threat to passenger safety; and
(3)iinoncompliance, with adequate alternative safeguards, will not constitute a significant threat to worker safety.
(h)iiThe executive director shall grant a waiver of compliance if the
noncompliance resulted from compliance with a municipal equipment
construction code at the time of the original installation and the noncompliance
does not pose imminent and significant danger. The executive director
[commissioner] may grant a waiver of compliance with the firefighter's service
provisions of the ASME Code A17.1 or the [1994] ASME Code A17.3 in an
elevator that exclusively serves a vehicle parking garage in a building that:
(1)iiis used only for parking;
(2)iiis constructed of noncombustible materials; and
(3)iiis not greater than 75 feet in height.
(i)iiThis subchapter does not apply to [an elevator, an escalator, or related]
equipment in an industrial facility, or in a grain silo, radio antenna, bridge tower,
underground facility, or dam, to which access is limited primarily [principally] to
employees of or working in that facility or structure.
(j)ii[The commissioner may charge a reasonable fee as set by the
commission for an application for waiver or delay.] One application for a waiver
or delay may contain all requests related to a unit of equipment [particular
building]. A delay may not be granted indefinitely but must be granted for [to] a
specified time not to exceed three years.
(k)iiFor purposes of this section, the date of installation or alteration of
equipment is the date that the owner of the real property entered into a contract
for the installation or alteration of the [purchase of the elevators, escalators, or
related] equipment. If that date cannot be established, the date of installation or
alteration is the date of issuance of the municipal building permit under which the
[elevators, escalators, or related] equipment was installed or altered [constructed]
or, if a municipal building permit was not issued, the date that electrical
consumption began for the construction of the building in which the [elevators,
escalators, or related] equipment was installed.
3108 78th LEGISLATURE — REGULAR SESSION
Sec.i754.0141.iiSTANDARDS FOR EQUIPMENT IN SINGLE-FAMILY DWELLINGS; REQUIRED INFORMATION. (a)iiElevators, chairlifts, or platform lifts installed in a single-family dwelling on or after January 1, 2004, must comply with the ASME Code A17.1 or A18.1, as applicable, and must be inspected by a QEI-1 certified inspector after the installation is complete. The inspector shall provide the dwelling owner a copy of the inspection report.
(b)iiThe commission shall, before Januaryi1, 2004, adopt rules containing minimum safety standards that must be used by QEI-1 certified inspectors when inspecting elevators, chairlifts, and platform lifts installed in single-family dwellings.
(c)iiA municipality may withhold a certificate of occupancy for a dwelling or for the installation of the elevator or chairlift until the owner provides a copy of the QEI-1 inspection report to the municipality.
(d)iiA contractor is not required to report to the department any information concerning equipment in a single-family dwelling or the contractor's work on the equipment.
(e)iiOn completing installation of equipment in a single-family dwelling, a contractor shall provide the dwelling owner with relevant information, in writing, about use, safety, and maintenance of the equipment, including the advisability of having the equipment periodically and timely inspected by a QEI-1 certified inspector.
(f)iiAn inspection by a QEI-1 certified inspector of equipment in a single-family dwelling may be performed only at the request and with the consent of the owner. The owner of a single-family dwelling is not subject to Section 754.022, 754.023, or 754.024.
Sec.i754.015.iiRULES. (a)iiThe commission [commissioner] by rule shall
provide for:
(1)iian annual [the] inspection and certification of the [once each
calendar year of elevators, escalators, and related] equipment covered by
standards adopted under this subchapter;
(2)ii[the] enforcement of those standards;
(3)iiregistration [the certification] of qualified [persons as] inspectors
and contractors [for the purposes of this subchapter]; [and]
(4)iithe form of [the] inspection documents, contractor reports, [report]
and certificates [certificate] of compliance;
(5)iinotification to building owners, architects, and other building industry professionals regarding the necessity of annually inspecting equipment;
(6)iiapproval of continuing education programs for registered QEI-1 certified inspectors; and
(7)iistandards of conduct for individuals who are registered under this subchapter.
(b)iiThe commission [commissioner] by rule may not [require that]:
(1)iirequire inspections of equipment to [inspection] be made more
often than every 12 months, except as provided by Subsection (c) [once per year
of elevators, escalators, and related equipment];
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3109
(2)iirequire persons to post a bond or furnish insurance or to have
minimum experience or education as a condition of certification or registration;
[and]
(3)iirequire building owners to submit to the department proposed plans for equipment installation or alteration; or
(4)iiprohibit a QEI-1 certified inspector who is registered with the department from inspecting equipment.
(c)iiThe commission by rule may require a reinspection or recertification of equipment if the equipment has been altered and poses a significant threat to passenger or worker safety or if an annual inspection report indicates an existing violation has continued longer than permitted in a delay granted by the executive director.
(d)iiThe executive director may charge a reasonable fee as set by the commission for:
(1)iiregistering or renewing registration of an inspector;
(2)iiregistering or renewing registration of a contractor;
(3)iiapplying for a certificate of compliance;
(4)iifiling an inspection report as required by Section 754.019(a)(3), 30 days or more after the date the report is due, for each day the report remains not filed after the date the report is due;
(5)iiapplying for a waiver or delay; and
(6)iiattending a continuing education program sponsored by the
department for registered QEI-1 inspectors [inspection reports or certificates of
compliance be placed in locations other than one provided in Section
754.019(4)].
Sec.i754.016.iiINSPECTION REPORTS [REPORT] AND CERTIFICATES
[CERTIFICATE] OF COMPLIANCE. (a)iiInspection reports [An inspection
report] and certificates [a certificate] of compliance required under this
subchapter must cover all [elevators, escalators, and related] equipment in a
building or structure appurtenant to the building, including a parking facility, that
is [are] owned by the same person or persons. [There shall be only one inspection
report and one certificate of compliance for each building.]
(b)iiAn inspector shall date and sign an inspection report and shall issue the
report to the building owner not later than the 10th calendar day after the date of
inspection. [The inspection report shall be on forms designated by the
commissioner.]
(c)iiThe executive director [commissioner] shall date and sign a certificate of
compliance and shall issue the certificate to the building owner. The certificate of
compliance shall state:
(1)iithat the [elevators, escalators, and related] equipment has [have]
been inspected by a certified inspector and found by the inspector to be in
compliance, except for any delays or waivers granted by the executive director
[commissioner] and stated in the certificate;
(2)iithe date of the last inspection and the due date for the next inspection; and
3110 78th LEGISLATURE — REGULAR SESSION
(3)iicontact information at the department to report a violation of this subchapter.
(d)iiThe commission by rule shall:
(1)iispecify what information must be contained in a certificate of compliance;
(2)iidescribe the procedure by which a certificate of compliance is issued;
(3)iirequire that a certificate of compliance related to an elevator be posted in a publicly visible area of the building; and
(4)iidetermine what constitutes a "publicly visible area" under Subdivision (3).
Sec.i754.017.iiCERTIFIED INSPECTORS. (a)iiIn order to inspect equipment, an individual must:
(1)iibe registered [An inspector must register] with the department;
(2)iiattend educational programs approved by the department;
(3)ii[and] be certified as a QEI-1 [an ASME-QEI-1] inspector by an
organization accredited by the American Society of Mechanical Engineers; and
(4)iipay all applicable fees. [Any certification charges or fees shall be
paid by the inspector.]
(b)ii[The commissioner may not by rule prohibit an ASME-QEI-1 certified
inspector who is registered with the department from inspecting under this
subchapter an elevator, an escalator, or related equipment.] A person assisting a
certified inspector and working under the direct, on-site supervision of the
inspector is not required to be [ASME-QEI-1] certified.
(c)iiA registration expires on the first anniversary of the date of issuance.
(d)iiA certified inspector may not be required to attend more than seven
hours of continuing education during each licensing period. [The commissioner
may charge a $15 fee to certified inspectors for registering with the department.]
Sec.i754.0171.iiCONTRACTOR REGISTRATION. (a)iiA person may not install, repair, or maintain equipment without registering as a contractor with the department as required by this subchapter.
(b)iiA contractor shall submit an application for registration and pay appropriate fees to the department. The registration application form may require information concerning the background, experience, or identity of the applicant.
(c)iiA registration expires on the first anniversary of the date of issuance.
(d)iiA person registering as a contractor under this subchapter shall submit to the department an initial report, not later than the 60th day following the application date, containing:
(1)iithe street address of each building or location at which the person performed installation, repair, alteration, or maintenance of equipment for the previous two years; and
(2)iithe name and mailing address of the building owner.
(e)iiAfter the initial report required by Subsection (d), a contractor registered as required by this subchapter shall submit to the department a quarterly report containing:
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3111
(1)iithe street address of each building or location at which the contractor performed installation, repair, alteration, or maintenance of equipment not reported in the contractor's initial report to the department under Subsection (d); and
(2)iithe name and mailing address of the building owner.
(f)iiInstallation, repair, alteration, and maintenance standards for contractors must be consistent with ASME Code A17.1, ASME Code A17.3, ASME Code A18.1, and ASCE Code 21.
Sec.i754.0172.iiINSPECTION FEE. [(a)iiA person inspecting an elevator,
an escalator, or related equipment under this subchapter may not charge more
than $65 per elevator cab or per escalator for each inspection.
[(b)]iiThe amount charged for an inspection or the performance of an
inspection of equipment under this subchapter may not be contingent on the
existence of a maintenance contract between the person performing the inspection
and any other person.
Sec.i754.018.iiPOWERS OF MUNICIPALITIES. Subject to Section
754.014(h), if [If] a municipality operates a program for the installation,
maintenance, alteration, inspection, or [and] certification of [elevators, escalators,
and related] equipment, this subchapter shall not apply to the [elevators,
escalators, and related] equipment in that municipality, provided that the
standards of installation, maintenance, alteration, inspection, and certification are
at least equivalent to [no less stringent than] those contained in this subchapter.
Sec.i754.019.iiDUTIES OF REAL PROPERTY OWNERS. (a)iiThe owner
of real property on which [an elevator, an escalator, or related] equipment covered
by this subchapter is located shall:
(1)iihave the [elevator, escalator, or related] equipment inspected
annually by a [an ASME-QEI-1] certified inspector [in accordance with the
commissioner's rules];
(2)iiobtain an inspection report from the inspector evidencing that all
[elevators, escalators, and related] equipment in a building on the real property
was [were] inspected in accordance with this subchapter and rules adopted under
this subchapter;
(3)iifile with the executive director [commissioner a copy of] each
inspection report, and all applicable fees, [and a $20 filing fee for each report,
plus $5 for each elevator, escalator, or related equipment] not later than the 60th
day after the date on which an inspection is made under this subchapter;
(4)iidisplay the certificate of compliance:
(A)iiin a publicly visible area of the building, as determined by
commission rule under Section 754.016, [the elevator mechanical room] if the
certificate relates to an elevator;
(B)iiin the escalator box if the certificate relates to an escalator; or
(C)iiin a place designated by the executive director [commissioner]
if the certificate relates to [related] equipment other than an elevator or escalator;
and
(5)iidisplay the inspection report at the locations designated in
Subdivision (4) until a certificate of compliance is issued [by the commissioner].
3112 78th LEGISLATURE — REGULAR SESSION
(b)iiWhen an inspection report is filed [with the commissioner], the owner
shall submit to the executive director, as applicable [commissioner]:
(1)iiverification that any deficiencies in the inspector's report have been remedied or that a bona fide contract to remedy the deficiencies has been entered into; or
(2)iiany application for delay or waiver of an applicable standard.
(c)ii[An inspection must be made not later than 18 months after the previous
calendar year's inspection. This subsection does not affect the requirement that
elevators, escalators, or related equipment be inspected at least once each
calendar year.
[(d)]iiFor the purpose of determining timely filing under Subsection (a)(3)
and Section 754.016(b), an inspection report and filing fees [fee] are considered
filed on the earlier of:
(1)iithe date of personal delivery;
(2)iithe date of postmark [mailing] by United States mail if properly
addressed to the executive director; or
(3)iithe date of deposit with a commercial courier service, if properly
addressed to the executive director [commissioner].
(d)ii[(e)iiIf the inspection report and fee required by Subsection (a)(3) are
not timely filed, the commissioner may charge the owner of the real property on
which the elevator, escalator, or related equipment is located an additional $100
fee for late filing.
[(f)iiThe commissioner may not require that an inspection report or
certificate of compliance be placed inside or immediately outside an elevator cab
or escalator or in the lobby or hallways of a building.
[(g)]iiA fee may not be charged or collected for a certificate of compliance
for an institution of higher education as defined in Section 61.003, Education
Code.
(e)iiAn owner shall report to the department each accident involving equipment not later than 72 hours following the accident.
Sec.i754.020.iiCHIEF ELEVATOR INSPECTOR [DEPOSIT OF FEES].
The executive director may appoint a chief elevator inspector to administer the
equipment inspection and registration program. The chief elevator inspector:
(1)iimay not have a financial or commercial interest in the manufacture, maintenance, repair, inspection, installation, or sale of equipment; and
(2)iimust possess a QEI-1 certification or obtain the certification within
six months after becoming chief inspector [Fees collected under this subchapter
shall be deposited to the credit of an account in the general revenue fund that may
be used by the commissioner only to administer and enforce this subchapter and
to reimburse expenses of board members provided by this subchapter].
Sec.i754.021.iiLIST OF REGISTERED INSPECTORS AND
CONTRACTORS [; PERSONNEL]. The executive director shall [commissioner
may]:
(1)iicompile a list of [ASME-QEI-1] certified inspectors and contractors
who are registered with the department [to perform an inspection under this
subchapter]; and
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3113
(2)iiemploy personnel who are [as] necessary to enforce this subchapter.
Sec.i754.022.iiNOTICE OF NONCOMPLIANCE. If the department
[commissioner] learns of a situation of noncompliance under Section 754.019,
the department [commissioner] shall send notice by certified mail of the
noncompliance and the actions required to remedy the noncompliance to the
record owner of the real property on which the equipment that is the subject of
the noncompliance is located.
Sec.i754.023.iiINVESTIGATION; REGISTRATION [LICENSE]
PROCEEDINGS; INJUNCTION; EMERGENCY ORDERS. (a)iiIf there is
good cause for the executive director [commissioner] to believe that [an elevator,
an escalator, or related] equipment on real property poses an imminent and
significant danger [is dangerous] or that an accident involving [an elevator, an
escalator, or related] equipment occurred on the property and serious bodily
injury or property damage resulted, the executive director [the commissioner]
may enter the property during regular business hours after notice to the owner,
operator, or person in charge of the property to inspect the [elevator, escalator, or
related] equipment or investigate the danger or accident at no cost to the owner.
(b)iiThe executive director [commissioner] may enter real property during
regular business hours after notice to the owner, operator, or person in charge of
the property to verify, at no cost to the owner, whether an inspection report or
certificate of compliance has been displayed as required under Section
754.019(a).
(c)iiThe commission [commissioner] may deny, suspend, or revoke a [the]
registration under this subchapter and may assess an administrative penalty [of
any ASME-QEI-1 certified inspector] for:
(1)iiobtaining registration with the executive director [commissioner] by
fraud or false representation;
(2)iifalsifying a [any inspection] report submitted to the executive
director [commissioner]; or
(3)iiviolating this subchapter or a rule adopted under this subchapter.
(d)iiProceedings for the denial, suspension, or revocation of a registration and appeals from those proceedings are governed by Chapter 2001, Government Code.
(e)iiThe executive director [commissioner] is entitled to appropriate
injunctive relief to prevent a violation or threatened violation of this subchapter
or a rule adopted under this subchapter.
(f)i[(e)]iiThe executive director [commissioner] may bring suit in a district
court in Travis County or in the county in which the violation or threatened
violation occurs. If requested, the attorney general shall represent the executive
director [commissioner] in the suit.
(g)iiThe executive director may issue an emergency order as necessary to enforce this subchapter if the executive director determines that an emergency exists requiring immediate action to protect the public health and safety.
(h)iiThe executive director may issue an emergency order with simultaneous notice and without hearing or with the notice and opportunity for hearing practicable under the circumstances.
3114 78th LEGISLATURE — REGULAR SESSION
(i)iiIf an emergency order is issued under this section without a hearing, the executive director shall set the time and place for a hearing to affirm, modify, or set aside the emergency order not later than the 10th day after the date the order was issued.
(j)iiAn emergency order may direct a building owner or manager to disconnect power to or lock out equipment if:
(1)iithe department determines imminent and significant danger to passenger safety exists if action is not taken immediately and reasonable effort has been made for voluntary compliance by notification to the building owner or manager of the danger before the issuance of an emergency order; or
(2)iian annual inspection has not been performed in more than two years and:
(A)iithe department gives the building owner or manager, or the agent of the building owner or manager, 60 days' written notice by certified mail directing the equipment to be inspected according to this subchapter; and
(B)iiafter the expiration of the notice period under Paragraph (A), the department gives the building owner or manager, or the agent of the building owner or manager, written notice by certified mail stating that an order to disconnect power or lock out equipment will be made after the seventh day after the date notice is delivered.
(k)iiIf an emergency order to disconnect power or lock out equipment is issued, the building owner or manager may have the power reconnected or the equipment unlocked only if:
(1)iia registered inspector or contractor or a department representative has filed a written form with the department verifying the imminent and significant danger has been removed by repair, replacement, or other means; and
(2)iithe building owner, before the reconnection of power or unlocking of equipment, reimburses the department for all expenses incurred relating to the disconnection of power or lockout.
(l)iiThe executive director or the executive director's designee may allow delayed payment if the building owner or manager commits in writing to pay the department for the expenses required by Subsection (k) not later than the 10th day after the date power is reconnected or equipment is unlocked.
(m)iiIf an emergency order to disconnect power or lock out equipment is issued and the building owner later notifies the department that the imminent and significant danger no longer exists, the executive director or the executive director's designee shall, after the requirements of Subsection (k) are satisfied, promptly issue written permission to reconnect power or unlock the equipment and notify the owner.
Sec.i754.024.iCRIMINAL PENALTY. (a)iiA person commits an offense if the person receives notice of noncompliance under Section 754.022 and the person has not remedied the noncompliance or entered into a bona fide contract to remedy the noncompliance before the 61st day after the date on which the notice is received.
(b)iiAn offense under this section is a Class C misdemeanor.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3115
(c)iiEach day of an offense under Subsection (a) constitutes a separate offense.
Sec.i754.025.iiAPPLICATION OF CERTAIN LAW. (a) Chapter 53, Occupations Code, applies to a registration under this subchapter.
(b)iiSections 51.401 and 51.404, Occupations Code, do not apply to this subchapter.
SECTIONi11.02.iiNot later than Decemberi1, 2003, the Texas Commission of Licensing and Regulation shall adopt the rules required by Section 754.016 and Subsection (a), Section 754.019, Health and Safety Code, as amended by this article.
SECTIONi11.03.iiThe changes in law made by this article apply only to an inspection report or certificate of compliance issued on or after the effective date of this article. An inspection report or certificate issued before the effective date of this article is covered by the law in effect when the report or certificate was issued and is valid until the renewal date of that report or certificate under the terms of the former law, and the former law is continued in effect for that purpose. On renewal, an inspection report or certificate is subject to Chapter 754, Health and Safety Code, as amended by this article.
SECTIONi11.04.ii(a)iiThis article takes effect Septemberi1, 2003, except that:
(1)iia contractor is not required to be registered under Section 754.0171, Health and Safety Code, as amended by this article, before Januaryi1, 2004; and
(2)iian escalator constructed before Septemberi1, 2003, is not required to comply with step/skirt index requirements imposed under the 2002 American Society of Mechanical Engineers Safety Code for Elevators and Escalators A17.3 before Septemberi1, 2009.
(b)iiA member of the elevator advisory board serving on the effective date of this article continues to serve until removed by the governor or until the member's successor is appointed by the governor.
Amendment No. 10 was adopted without objection.
Amendment No. 11
Representative Callegari offered the following amendment to CSSBi279:
Amend CSSB 279 by striking Article 13 of the bill and renumbering the subsequent articles of the bill appropriately.
Amendment No. 11 was adopted without objection.
Amendment No. 12
Representative Hamric offered the following amendment to CSSBi279:
Amend CSSB 279 as follows:
(1) On page 111, line 18, between "department" and "shall", insert ", with the advice of the council,".
(2) On page 118, strike line 4.
(3) On page 119, line 12, between "department" and "shall", insert ", with the advice of the council,".
3116 78th LEGISLATURE — REGULAR SESSION
(4) On page 121, strike line 6.
Representative Solomons moved to table Amendment No. 12.
The motion to table prevailed.
Amendment No. 10 - Vote Reconsidered
Representative Solomons moved to reconsider the vote by which Amendment No. 10 was adopted.
The motion to reconsider prevailed.
Amendment No. 13
Representative Solomons offered the following amendment to Amendment No.i10:
Amend Amendment No. 10 by Geren to CSSB 279 as follows:
(1)iiIn SECTION 11.01, in amended Section 754.012(a), Health and Safety
Code (page 3, line 28), between "commission" and "[commissioner]", insert ",
with the commission's approval,".
(2)iiIn SECTION 11.01, in amended Section 754.012(c), Health and Safety
Code (page 4, line 18), between "commission" and "[commissioner]", insert ",
with the commission's approval,".
(3)iiIn SECTION 11.01, in amended Section 754.019(a)(1), Health and
Safety Code (page 14, line 23), strike "[in accordance with the commissioner's
rules]" and substitute "in accordance with the commission's [commissioner's]
rules".
(4)iiIn SECTION 11.02 (page 20, line 29), strike "December 1, 2003" and substitute "March 1, 2004".
Amendment No. 13 was adopted without objection.
Amendment No. 10, as amended, was adopted without objection.
Amendment No. 14
Representative Goolsby offered the following amendment to CSSBi279:
Amend CSSB 279 as follows:
(1)iiBetween ARTICLES 26 and 27 of the bill (House Committee Printing page 125, between lines 25 and 26), insert the following:
ARTICLE 26A. CONSTRUCTION/PROGRAM MANAGERS
SECTIONi26A.001.iiTitle 8, Occupations Code, is amended by adding Chapter 1305 to read as follows:
CHAPTER 1305. CONSTRUCTION/PROGRAM MANAGERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec.i1305.001.iiDEFINITIONS.iiIn this chapter:
(1)ii"Commission" means the Texas Commission of Licensing and Regulation.
(2)ii"Construction/program management" means the management of the planning, design, and construction of a capital improvement project or program of capital improvement projects, including project scope development, land acquisition, permitting, cash-flow management, design acquisition and
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3117
(3)ii"Construction/program manager" means a person registered to engage in the practice of construction/program management in this state.
(4)ii"Department" means the Texas Department of Licensing and Regulation.
(5)ii"Executive director" means the executive director of the department.
Sec.i1305.002.iiAPPLICABILITY OF OTHER LAW. Chapter 51 applies to this chapter, including the power to impose an administrative sanction, assess an administrative penalty, or seek a civil penalty, for a violation of this chapter or a rule or order adopted or entered under this chapter.
Sec.i1305.003.iiEXEMPTIONS. This chapter does not apply to:
(1)iia constructor who manages the planning, design, or construction of a capital improvement project or program of capital improvement projects using:
(A)iithe construction management at-risk delivery method; or
(B)iia method under which the constructor is required to provide performance and payment bonds;
(2)iian engineer licensed by the Texas Board of Professional Engineers who is acting within the scope of the license; or
(3)iian architect registered by the Texas Board of Architectural Examiners who is acting within the scope of the registration.
[Sections 1305.004-1305.050 reserved for expansion]
SUBCHAPTER B. GENERAL POWERS AND DUTIES
Sec.i1305.051.iiRULES. (a) The executive director shall adopt rules as necessary to implement this chapter.
(b)iiThe executive director by rule may adopt standards of conduct and quality of work for holders of certificates of registration under this chapter.
Sec.i1305.052.iiFEES. The commission shall set fees in amounts reasonable and necessary to cover the costs of administering this chapter, including fees for:
(1)iicertificates of registration issued by the department; and
(2)iiregistration renewals.
[Sections 1305.053-1305.100 reserved for expansion]
SUBCHAPTER C. REGISTRATION REQUIREMENTS
Sec.i1305.101.iiREGISTRATION REQUIRED. (a) A person may not engage in the practice of construction/program management on behalf of this state or a political subdivision of this state in connection with a capital improvement project that has a cost of more than $100,000 or a program of capital improvement projects that have an aggregate cost of more than $100,000 unless the person:
(1)iiholds a certificate of registration issued under this chapter; or
3118 78th LEGISLATURE — REGULAR SESSION
(2)iiis an officer or employee of this state or a political subdivision of this state and engages in the practice of construction/program management for the person's employer.
(b)iiThis section does not apply to the practice of construction/program management on behalf of the Texas Department of Transportation.
Sec.i1305.102.iiREGISTRATION APPLICATION; FEE.iiAn applicant for registration under this chapter must:
(1)iisubmit an application on a form prescribed by the executive director; and
(2)iipay the application fee set by the commission.
Sec.i1305.103.iiELIGIBILITY FOR REGISTRATION.iiTo be eligible for registration, an applicant must:
(1)iibe certified by a national construction/program management organization recognized by the executive director; or
(2)iimeet the following requirements:
(A)iisubmit to the department the names and addresses of five clients who will verify that the applicant has at least four years' experience in the field of construction/program management; and
(B)iimeet one of the following requirements:
(i)iihold a bachelor's or graduate degree in construction management, architecture, engineering, or construction science;
(ii)iihold an associate's degree or certificate in construction management, architecture, engineering, or construction science and have at least four years' experience in general design or construction in addition to the experience required by Paragraph (A); or
(iii) have at least eight years' experience in general design or construction in addition to the experience required by Paragraph (A).
Sec.i1305.104.iiISSUANCE OF CERTIFICATE OF REGISTRATION. The executive director shall issue a certificate of registration to an applicant who qualifies for registration.
Sec.i1305.105.iiREQUIRED INSURANCE. A holder of a certificate of registration or the firm employing the person must maintain:
(1)iiprofessional liability insurance in the amount of at least $1 million for each occurrence, with a total aggregate amount of at least $1 million for all occurrences in a policy year; or
(2)iiself-insurance in accordance with rules adopted by the executive director in an amount sufficient to pay at least $1 million for each occurrence, with an aggregate amount of at least $1 million for all occurrences in a year.
Sec.i1305.106.iiTERM OF CERTIFICATE OF REGISTRATION.iiA certificate of registration is valid for a term established by the executive director.
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[Sections 1305.107-1305.150 reserved for expansion]
SUBCHAPTER D. RENEWAL OF CERTIFICATE OF REGISTRATION
Sec.i1305.151.iiPROCEDURE FOR RENEWAL.ii(a) A person who is otherwise eligible to renew a certificate of registration may renew an unexpired certificate by paying the required renewal fee to the department before the expiration date of the certificate. A person whose certificate has expired may not engage in activities that require a certificate until the certificate has been renewed.
(b)iiA person whose certificate has been expired for 90 days or less may renew the certificate by paying to the department a renewal fee that is equal to 1-1/2 times the normally required renewal fee.
(c)iiA person whose certificate has been expired for more than 90 days but less than one year may renew the certificate by paying to the department a renewal fee that is equal to two times the normally required renewal fee.
(d)iiA person whose certificate has been expired for one year or more may not renew the certificate. The person may obtain a new certificate by complying with the requirements and procedures for an original certificate.
Sec.i1305.152.iiCONTINUING EDUCATION.ii(a) The department may recognize, prepare, or offer continuing education for holders of certificates of registration.
(b)iiParticipation in continuing education programs is voluntary unless the executive director by rule determines that the department should require participation.
[Sections 1305.153-1305.200 reserved for expansion]
SUBCHAPTER E. ENFORCEMENT
Sec.i1305.201.iiCEASE AND DESIST ORDERS. The department may issue a cease and desist order.
SECTIONi26A.002.ii(a) A person is not required to obtain a certificate of registration under Chapter 1305, Occupations Code, as added by this Act, until January 1, 2004.
(b)iiNotwithstanding Subsection (a) of this section, a person who is engaged in the practice of construction/program management before January 1, 2004, and who applies for a certificate of registration under Chapter 1305, Occupations Code, as added by this Act, before that date may continue to engage in that practice until the executive director of the Texas Department of Licensing and Regulation acts on the person's application.
(2)iiRenumber the ARTICLES and SECTIONS of the bill appropriately.
Amendment No. 15
Representative Solomons offered the following amendment to Amendment No.i14:
Amend Amendment No. 14 by Goolsby to CSSB 279 as follows:
(1) On page 2, line 21, strike "executive director" and substitute "commission".
Amendment No. 15 was adopted without objection.
Amendment No. 14 failed of adoption.
3120 78th LEGISLATURE — REGULAR SESSION
Amendment No. 16
Representative Talton offered the following amendment to CSSBi279:
Amend CSSB 279 by adding appropriately numbered sections in Article 12 of the bill to read as follows:
SECTIONi____.iiSection 1202.251(b), Occupations Code, is amended to read as follows:
(b)iiExcept as provided by Section 1202.253, requirements [Requirements]
and regulations not in conflict with this chapter or with other state law relating to
transportation, erection, installation, or use of industrialized housing or buildings
must be reasonably and uniformly applied and enforced without distinctions as to
whether the housing or buildings are manufactured or are constructed on-site.
SECTIONi____.iiSubchapter F, Chapter 1202, Occupations Code, is amended by adding Section 1202.253 to read as follows:
Sec.i1202.253.iiMUNICIPAL REGULATION OF SINGLE-FAMILY AND DUPLEX INDUSTRIALIZED HOUSING. (a) Single-family or duplex industrialized housing must have all local permits and licenses that are applicable to other single-family or duplex dwellings.
(b)iiFor purposes of this section, single-family or duplex industrialized housing is real property.
(c)iiA municipality may adopt regulations that require single-family or duplex industrialized housing to:
(1)iihave a value equal to or greater than the median taxable value for each single-family dwelling located within 500 feet of the lot on which the industrialized housing is proposed to be located, as determined by the most recent certified tax appraisal roll for each county in which the properties are located;
(2)iihave exterior siding, roofing, foundation fascia, and fenestration compatible with the single-family dwellings located within 500 feet of the lot on which the industrialized housing is proposed to be located;
(3)iicomply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to single-family dwellings; or
(4)iibe securely fixed to a permanent foundation.
(d)iiFor purposes of Subsection (c), "value" means the taxable value of the industrialized housing and the lot after installation of the housing.
(e)iiExcept as provided by Subsection (c), a municipality may not adopt a regulation under this section that is more restrictive for industrialized housing than that required for a new single-family or duplex dwelling constructed on-site.
(f)iiThis section does not:
(1)iilimit the authority of a municipality to adopt regulations to protect historic properties or historic districts; or
(2)iiaffect deed restrictions.
Amendment No. 17
Representative Talton offered the following amendment to Amendment No.i16:
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Amend the Talton amendment to CSSB 279 on page 1, line 27 by inserting the words "roof pitch" between the words "roofing," and "foundation fascia".
Amendment No. 17 was adopted without objection.
Amendment No. 16, as amended, was adopted without objection.
Amendment No. 18
Representative Allen offered the following amendment to CSSBi279:
Amend CSSB 279 by adding the following ARTICLES, appropriately numbered, and renumbering ARTICLE 29 of the bill as appropriate:
ARTICLE 29. ABOLITION OF THE TEXAS FUNERAL SERVICES COMMISSION AND TRANSFER OF POWERS AND DUTIES TO TEXAS DEPARTMENT OF LICENSING AND REGULATION
SECTIONi29.01.iiSection 651.001, Occupations Code, is amended by adding Subdivision (3-a) to read as follows:
(3-a) "Department" means the Texas Department of Licensing and Regulation.
SECTIONi29.02.iiSubchapter, Chapter 651, Occupations Code, is amended by adding Sections 651.004 and 651.005 to read as follows:
Sec.i651.004.iiTEXAS DEPARTMENT OF LICENSING AND REGULATION. (a) The department shall administer this chapter. If in administering this chapter there is a conflict between a provision of this chapter and a provision of Chapter 51, the provision of
Chapter 51 controls.
(b)iiA reference in this chapter or other law to the Texas Funeral Service Commission means the department.
Sec.i651.005.iiADVISORY COMMITTEE. The governor shall appoint an advisory committee of seven persons to advise the department in administering this chapter.
SECTIONi29.03.iiOn September 1, 2003, the following laws are repealed:
(1)iiSections 651.001(2), 651.002, and 651.153, Occupations Code; and
(2)iiSubchapters B, C, and E, Chapter 651, Occupations Code.
SECTIONi29.04.iiOn September 1, 2003:
(1)iiall functions and activities relating to Chapter 651, Occupations Code, performed by the Texas Funeral Service Commission immediately before that date are transferred to the Texas Department of Licensing and Regulation;
(2)iia rule or form adopted by the Texas Funeral Service Commission that relates to Chapter 651, Occupations Code, is a rule or form of the Texas Department of Licensing and Regulation and remains in effect until amended or replaced by that department;
(3)iia reference in law or an administrative rule to the Texas Funeral Service Commission that relates to Chapter 651, Occupations Code, means the Texas Department of Licensing and Regulation;
(4)iia complaint, investigation, or other proceeding before the Texas Funeral Service Commission that is related to Chapter 651, Occupations Code, is transferred without change in status to the Texas Department of Licensing and
3122 78th LEGISLATURE — REGULAR SESSION
(5)iiall money, contracts, leases, property, and obligations of the Texas Funeral Service Commission related to Chapter 651, Occupations Code, are transferred to the Texas Department of Licensing and Regulation;
(6)iiall property in the custody of the Texas Funeral Service Commission related to Chapter 651, Occupations Code, is transferred to the Texas Department of Licensing and Regulation; and
(7)iithe unexpended and unobligated balance of any money appropriated by the legislature for the Texas Funeral Service Commission related to Chapter 651, Occupations Code, is transferred to the Texas Department of Licensing and Regulation.
SECTIONi29.05.iiNot later than November 1, 2003, the governor shall appoint the advisory committee required by Section 651.005, Occupations Code, as added by this Act.
ARTICLE 30. ABOLITION OF THE TEXAS STRUCTURAL PEST CONTROL BOARD AND TRANSFER OF POWERS AND DUTIES TO TEXAS DEPARTMENT OF LICENSING AND REGULATION
SECTIONi30.01.iiSection 1951.002, Occupations Code, is amended by adding Subdivision (6-a) to read as follows:
(6-a) "Department" means the Texas Department of Licensing and Regulation.
SECTIONi30.02.iiSubchapter A, Chapter 1951, Occupations Code, is amended by adding Sections 1951.008 and 1951.009 to read as follows:
Sec.i1951.008.iiTEXAS DEPARTMENT OF LICENSING AND REGULATION. (a) The department shall administer this chapter. If in administering this chapter there is a conflict between a provision of this chapter and a provision of Chapter 51, the provision of Chapter 51 controls.
(b)iiA reference in this chapter to the board or a reference in other law to the Texas Structural Pest Control Board means the department.
Sec.i1951.009.iiADVISORY COMMITTEE. The governor shall appoint an advisory committee of seven persons to advise the department in administering this chapter.
SECTIONi30.03.iiOn September 1, 2003, the following laws are repealed:
(1)iiSections 1951.002(2), 1951.007, and 1951.206, Occupations Code; and
(2)iiSubchapters C, D, and F, Chapter 1951, Occupations Code.
SECTIONi30.04.iiOn September 1, 2003:
(1)iiall functions and activities relating to Chapter 1951, Occupations Code, performed by the Texas Structural Pest Control Board immediately before that date are transferred to the Texas Department of Licensing and Regulation;
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(2)iia rule or form adopted by the Texas Structural Pest Control Board that relates to Chapter 1951, Occupations Code, is a rule or form of the Texas Department of Licensing and Regulation and remains in effect until amended or replaced by that department;
(3)iia reference in law or an administrative rule to the Texas Structural Pest Control Board that relates to Chapter 1951, Occupations Code, means the Texas Department of Licensing and Regulation;
(4)iia complaint, investigation, or other proceeding before the Texas Structural Pest Control Board that is related to Chapter 1951, Occupations Code, is transferred without change in status to the Texas Department of Licensing and Regulation, and the Texas Department of Licensing and Regulation assumes, as appropriate and without a change in status, the position of the Texas Structural Pest Control Board in an action or proceeding to which the Texas Structural Pest Control Board is a party;
(5)iiall money, contracts, leases, property, and obligations of the Texas Structural Pest Control Board related to Chapter 1951, Occupations Code, are transferred to the Texas Department of Licensing and Regulation;
(6)iiall property in the custody of the Texas Structural Pest Control Board related to Chapter 1951, Occupations Code, is transferred to the Texas Department of Licensing and Regulation; and
(7)iithe unexpended and unobligated balance of any money appropriated by the legislature for the Texas Structural Pest Control Board related to Chapter 1951, Occupations Code, is transferred to the Texas Department of Licensing and Regulation.
SECTIONi30.05.iiNot later than November 1, 2003, the governor shall appoint the advisory committee required by Section 1951.009, Occupations Code, as added by this Act.
ARTICLE 31. ABOLITION OF THE TEXAS STATE BOARD OF PLUMBING EXAMINERS AND TRANSFER OF POWERS AND DUTIES TO TEXAS DEPARTMENT OF LICENSING AND REGULATION
SECTIONi31.01.iiSection 1301.002(1), Occupations Code, is amended to read as follows:
(1)ii"Department" ["Board"] means the Texas Department of Licensing
and Regulation [State Board of Plumbing Examiners].
SECTIONi31.02.iiSubchapter A, Chapter 1301, Occupations Code, is amended by adding Sections 1301.004 and 1301.005 to read as follows:
Sec.i1301.004.iiTEXAS DEPARTMENT OF LICENSING AND REGULATION. (a) The department shall administer this chapter. If in administering this chapter there is a conflict between a provision of this chapter and a provision of Chapter 51, the provision of Chapter 51 controls.
(b)iiA reference in this chapter to the board or a reference in other law to the Texas State Board of Plumbing Examiners means the department.
Sec.i1301.005.iiADVISORY COMMITTEE. The governor shall appoint an advisory committee of seven persons to advise the department in administering this chapter.
SECTIONi31.03.iiOn September 1, 2003, the following laws are repealed:
3124 78th LEGISLATURE — REGULAR SESSION
(1)iiSections 1301.003, 1301.204, 1301.252, 1301.301, and 1301.303, Occupations Code; and
(2)iiSubchapter C, Chapter 1301, Occupations Code.
SECTIONi31.04.iiOn September 1, 2003:
(1)iiall functions and activities relating to Chapter 1301, Occupations Code, performed by the Texas State Board of Plumbing Examiners immediately before that date are transferred to the Texas Department of Licensing and Regulation;
(2)iia rule or form adopted by the Texas State Board of Plumbing Examiners that relates to Chapter 1301, Occupations Code, is a rule or form of the Texas Department of Licensing and Regulation and remains in effect until amended or replaced by that department;
(3)iia reference in law or an administrative rule to the Texas State Board of Plumbing Examiners that relates to Chapter 1301, Occupations Code, means the Texas Department of Licensing and Regulation;
(4)iia complaint, investigation, or other proceeding before the Texas State Board of Plumbing Examiners that is related to Chapter 1301, Occupations Code, is transferred without change in status to the Texas Department of Licensing and Regulation, and the Texas Department of Licensing and Regulation assumes, as appropriate and without a change in status, the position of the Texas State Board of Plumbing Examiners in an action or proceeding to which the Texas State Board of Plumbing Examiners is a party;
(5)iiall money, contracts, leases, property, and obligations of the Texas State Board of Plumbing Examiners related to Chapter 1301, Occupations Code, are transferred to the Texas Department of Licensing and Regulation;
(6)iiall property in the custody of the Texas State Board of Plumbing Examiners related to Chapter 1301, Occupations Code, is transferred to the Texas Department of Licensing and Regulation; and
(7)iithe unexpended and unobligated balance of any money appropriated by the legislature for the Texas State Board of Plumbing Examiners related to Chapter 1301, Occupations Code, is transferred to the Texas Department of Licensing and Regulation.
SECTIONi31.05.iiNot later than November 1, 2003, the governor shall appoint the advisory committee required by Section 1301.005, Occupations Code, as added by this Act.
ARTICLE 32. ABOLITION OF THE TEXAS COSMETOLOGY COMMISSION AND TRANSFER OF POWERS AND DUTIES TO TEXAS DEPARTMENT OF LICENSING AND REGULATION
SECTIONi32.01.iiSection 1602.001, Occupations Code, is amended by adding Subdivision (1-a) to read as follows:
(1-a) "Department" means the Texas Department of Licensing and Regulation.
SECTIONi32.02.iiSubchapter A, Chapter 1602, Occupations Code, is amended by adding Sections 1602.005 and 1602.006 to read as follows:
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Sec.i1602.005.iiTEXAS DEPARTMENT OF LICENSING AND REGULATION. (a) The department shall administer this chapter. If in administering this chapter there is a conflict between a provision of this chapter and a provision of Chapter 51, the provision of Chapter 51 controls.
(b)iiA reference in this chapter to the commission or a reference in other law to the Texas Cosmetology Commission means the department.
Sec.i1602.006.iiADVISORY COMMITTEE. The governor shall appoint an advisory committee of seven persons to advise the department in administering this chapter.
SECTIONi32.03.iiOn September 1, 2003, the following laws are repealed:
(1)iiSections 1602.001(1), 1602.004, and 1602.152, Occupations Code; and
(2)iiSubchapters B, C, and E, Chapter 1602, Occupations Code.
SECTIONi32.04.iiOn September 1, 2003:
(1) all functions and activities relating to Chapter 1602, Occupations Code, performed by the Texas Cosmetology Commission immediately before that date are transferred to the Texas Department of Licensing and Regulation;
(2)iia rule or form adopted by the Texas Cosmetology Commission that relates to Chapter 1602, Occupations Code, is a rule or form of the Texas Department of Licensing and Regulation and remains in effect until amended or replaced by that department;
(3)iia reference in law or an administrative rule to the Texas Cosmetology Commission that relates to Chapter 1602, Occupations Code, means the Texas Department of Licensing and Regulation;
(4)iia complaint, investigation, or other proceeding before the Texas Cosmetology Commission that is related to Chapter 1602, Occupations Code, is transferred without change in status to the Texas Department of Licensing and Regulation, and the Texas
Department of Licensing and Regulation assumes, as appropriate and without a change in status, the position of the Texas Cosmetology Commission in an action or proceeding to which the Texas Cosmetology Commission is a party;
(5)iiall money, contracts, leases, property, and obligations of the Texas Cosmetology Commission related to Chapter 1602, Occupations Code, are transferred to the Texas Department of Licensing and Regulation;
(6)iiall property in the custody of the Texas Cosmetology Commission related to Chapter 1602, Occupations Code, is transferred to the Texas Department of Licensing and Regulation; and
(7)iithe unexpended and unobligated balance of any money appropriated by the legislature for the Texas Cosmetology Commission related to Chapter 1602, Occupations Code, is transferred to the Texas Department of Licensing and Regulation.
SECTION 32.05. Not later than November 1, 2003, the governor shall appoint the advisory committee required by Section 1602.006, Occupations Code, as added by this Act.
3126 78th LEGISLATURE — REGULAR SESSION
ARTICLE 33. TRANSFER OF THE CHAPTER 1201, OCCUPATIONS CODE POWERS AND DUTIES OF THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS TO TEXAS DEPARTMENT OF LICENSING AND REGULATION
SECTIONi33.01.iiSection 1201.003(7), Occupations Code, is amended to read as follows:
(7)"Department" means the Texas Department of Licensing and
Regulation [Housing and Community Affairs].
SECTIONi33.02.iiSubchapter A, Chapter 1201, Occupations Code, is amended by adding Section 1201.009 to read as follows:
Sec.i1201.009.iiADVISORY COMMITTEE. The governor shall appoint an advisory committee of seven persons to advise the department in administering this chapter.
SECTIONi33.03.iiOn September 1, 2003:
(1)iiall functions and activities relating to Chapter 1201, Occupations Code, performed by the Texas Department of Housing and Community Affairs immediately before that date are transferred to the Texas Department of Licensing and Regulation;
(2)iia rule or form adopted by the Texas Department of Housing and Community Affairs that relates to Chapter 1201, Occupations Code, is a rule or form of the Texas Department of Licensing and Regulation and remains in effect until amended or replaced by that department;
(3)iia reference in law or an administrative rule to the Texas Department of Housing and Community Affairs that relates to Chapter 1201, Occupations Code, means the Texas Department of Licensing and Regulation;
(4)iia complaint, investigation, or other proceeding before the Texas Department of Housing and Community Affairs that is related to Chapter 1201, Occupations Code, is transferred without change in status to the Texas Department of Licensing and Regulation, and the Texas Department of Licensing and Regulation assumes, as appropriate and without a change in status, the position of the Texas Department of Housing and Community Affairs in an action or proceeding to which the Texas Department of Housing and Community Affairs is a party;
(5)iiall money, contracts, leases, property, and obligations of the Texas Department of Housing and Community Affairs related to Chapter 1201, Occupations Code, are transferred to the Texas Department of Licensing and Regulation;
(6)iiall property in the custody of the Texas Department of Housing and Community Affairs related to Chapter 1201, Occupations Code, is transferred to the Texas Department of Licensing and Regulation; and
(7)iithe unexpended and unobligated balance of any money appropriated by the legislature for the Texas Department of Housing and Community Affairs related to Chapter 1201, Occupations Code, is transferred to the Texas Department of Licensing and Regulation.
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SECTIONi33.04.iiNot later than November 1, 2003, the governor shall appoint the advisory committee required by Section 1201.009, Occupations Code, as added by this Act.
ARTICLE 34. ABOLITION OF THE STATE BOARD OF BARBER EXAMINERS AND TRANSFER OF POWERS AND DUTIES TO TEXAS DEPARTMENT OF LICENSING AND REGULATION
SECTION 34.01 Section 1601.001, Occupations Code, is amended by adding Subdivision (4-a) to read as follows:
(4-a) "Department" means the Texas Department of Licensing and Regulation.
SECTIONi34.02.iiSubchapter A, Chapter 1601, Occupations Code, is amended by adding Sections 1601.005 and 1601.006 to read as follows:
Sec.i1601.005.iiTEXAS DEPARTMENT OF LICENSING AND REGULATION. (a) The department shall administer this chapter. If in administering this chapter there is a conflict between a provision of this chapter and a provision of Chapter 51, the provision of Chapter 51 controls.
(b)iiA reference in this chapter to the board or a reference in other law to the State Board of Barber Examiners means the department.
Sec.i1601.006.iiADVISORY COMMITTEE. The governor shall appoint an advisory committee of seven persons to advise the department in administering this chapter.
SECTIONi34.03.iiOn September 1, 2003, the following laws are repealed:
(1)iiSections 1601.001(3), 1601.004, and 1601.153, Occupations Code; and
(2)iiSubchapters B, C, and E, Chapter 1601, Occupations Code.
SECTIONi34.04.iiOn September 1, 2003:
(1) all functions and activities relating to Chapter 1601, Occupations Code, performed by the State Board of Barber Examiners immediately before that date are transferred to the Texas Department of Licensing and Regulation;
(2)iia rule or form adopted by the State Board of Barber Examiners that relates to Chapter 1601, Occupations Code, is a rule or form of the Texas Department of Licensing and Regulation and remains in effect until amended or replaced by that department;
(3)iia reference in law or an administrative rule to the State Board of Barber Examiners that relates to Chapter 1601, Occupations Code, means the Texas Department of Licensing and Regulation;
(4)iia complaint, investigation, or other proceeding before the State Board of Barber Examiners that is related to Chapter 1601, Occupations Code, is transferred without change in status to the Texas Department of Licensing and Regulation, and the Texas Department of Licensing and Regulation assumes, as appropriate and without a change in status, the position of the State Board of Barber Examiners in an action or proceeding to which the State Board of Barber Examiners is a party;
(5)iiall money, contracts, leases, property, and obligations of the State Board of Barber Examiners related to Chapter 1601, Occupations Code, are transferred to the Texas Department of Licensing and Regulation;
3128 78th LEGISLATURE — REGULAR SESSION
(6)iiall property in the custody of the State Board of Barber Examiners related to Chapter 1601, Occupations Code, is transferred to the Texas Department of Licensing and Regulation; and
(7)iithe unexpended and unobligated balance of any money appropriated by the legislature for the State Board of Barber Examiners related to Chapter 1601, Occupations Code, is transferred to the Texas Department of Licensing and Regulation.
SECTIONi34.05.iiNot later than November 1, 2003, the governor shall appoint the advisory committee required by Section 1601.006, Occupations Code, as added by this Act.
ARTICLE 35. ABOLITION OF THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYING AND TRANSFER OF POWERS AND DUTIES TO TEXAS DEPARTMENT OF LICENSING AND REGULATION
SECTION 35.01 Section 1071.002, Occupations Code, is amended by adding Subdivision (3-a) to read as follows:
(3-a) "Department" means the Texas Department of Licensing and Regulation.
SECTIONi35.02.iiSubchapter A, Chapter 1071, Occupations Code, is amended by adding Sections 1071.005 and 1071.006 to read as follows:
Sec.i1071.005.iiTEXAS DEPARTMENT OF LICENSING AND REGULATION. (a) The department shall administer this chapter. If in administering this chapter there is a conflict between a provision of this chapter and a provision of Chapter 51, the provision of Chapter 51 controls.
(b)iiA reference in this chapter to the board or a reference in other law to the Texas Board of Professional Land Surveyors means the department.
Sec.i1071.006.iiADVISORY COMMITTEE. The governor shall appoint an advisory committee of seven persons to advise the department in administering this chapter.
SECTIONi35.03.iiOn September 1, 2003, the following laws are repealed:
(1)iiSections 1071.002(1) and 1071.003, Occupations Code; and
(2)iiSubchapters B, C, and E, Chapter 1071, Occupations Code.
SECTIONi35.04.iiOn September 1, 2003:
(1) all functions and activities relating to Chapter 1071, Occupations Code, performed by the Texas Board of Professional Land Surveying immediately before that date are transferred to the Texas Department of Licensing and Regulation;
(2)iia rule or form adopted by the Texas Board of Professional Land Surveying that relates to Chapter 1071, Occupations Code, is a rule or form of the Texas Department of Licensing and Regulation and remains in effect until amended or replaced by that department;
(3)iia reference in law or an administrative rule to the Texas Board of Professional Land Surveying that relates to Chapter 1071, Occupations Code, means the Texas Department of Licensing and Regulation;
(4)iia complaint, investigation, or other proceeding before the Texas Board of Professional Land Surveying that is related to Chapter 1071, Occupations Code, is transferred without change in status to the Texas
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(5)iiall money, contracts, leases, property, and obligations of the Texas Board of Professional Land Surveying related to Chapter 1071, Occupations Code, are transferred to the Texas Department of Licensing and Regulation;
(6)iiall property in the custody of the Texas Board of Professional Land Surveying related to Chapter 1071, Occupations Code, is transferred to the Texas Department of Licensing and Regulation; and
(7)iithe unexpended and unobligated balance of any money appropriated by the legislature for the Texas Board of Professional Land Surveying related to Chapter 1071, Occupations Code, is transferred to the Texas Department of Licensing and Regulation.
SECTIONi35.05.iiNot later than November 1, 2003, the governor shall appoint the advisory committee required by Section 1071.006, Occupations Code, as added by this Act.
ARTICLE 36. ABOLITION OF THE TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS AND TRANSFER OF POWERS AND DUTIES TO TEXAS DEPARTMENT OF LICENSING AND REGULATION
SECTION 36.01 Section 1.02(1), Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes), is amended to read as follows:
(1) "Department" ["Board"] means the Texas Department of Licensing
and Regulation [Board of Professional Geoscientists].
SECTIONi36.02.iiSubchapter A, Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes), is amended by adding Sections 1.05 and 1.06 to read as follows:
Sec.i1.05.iiTEXAS DEPARTMENT OF LICENSING AND REGULATION. (a) The department shall administer this Act. If in administering this Act there is a conflict between a provision of this Act and a provision of Chapter 51, the provision of Chapter 51 controls.
(b)iiA reference in this Act to the board or a reference in other law to the Texas Board of Professional Geoscientists means the department.
Sec.i1.06.iiADVISORY COMMITTEE. The governor shall appoint an advisory committee of seven persons to advise the department in administering this Act.
SECTIONi36.03.iiOn September 1, 2003, the following laws are repealed:
(1)iiSections 1.03, 3.01, 3.02(a), 3.03, 3.04, 3.05, and 3.06, Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes); and
(2)iiSubchapters B and E, Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes).
SECTIONi36.04.iiOn September 1, 2003:
(1)iiall functions and activities relating to the Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes), performed by the Texas Board of Professional Geoscientists immediately before that date are transferred to the Texas Department of Licensing and Regulation;
3130 78th LEGISLATURE — REGULAR SESSION
(2)iia rule or form adopted by the Texas Board of Professional Geoscientists that relates to the Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes), is a rule or form of the Texas Department of Licensing and Regulation and remains in effect until amended or replaced by that department;
(3)iia reference in law or an administrative rule to the Texas Board of Professional Geoscientists that relates to the Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes), means the Texas Department of Licensing and Regulation;
(4)iia complaint, investigation, or other proceeding before the Texas Board of Professional Geoscientists that is related to the Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes), is transferred without change in status to the Texas Department of Licensing and Regulation, and the Texas Department of Licensing and Regulation assumes, as appropriate and without a change in status, the position of the Texas Board of Professional Geoscientists in an action or proceeding to which the Texas Board of Professional Geoscientists is a party;
(5)iiall money, contracts, leases, property, and obligations of the Texas Board of Professional Geoscientists related to the Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes), are transferred to the Texas Department of Licensing and Regulation;
(6)iiall property in the custody of the Texas Board of Professional Geoscientists related to the Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes), is transferred to the Texas Department of Licensing and Regulation; and
(7)iithe unexpended and unobligated balance of any money appropriated by the legislature for the Texas Board of Professional Geoscientists related to the Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes), is transferred to the Texas Department of Licensing and Regulation.
SECTIONi36.05.iiNot later than November 1, 2003, the governor shall appoint the advisory committee required by Section 1.06, Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes), as added by this Act.
CSSB 279 - STATEMENT OF LEGISLATIVE INTENT
Amendment No. 18
REPRESENTATIVE GARZA: The intent of the advisory council, and specifically for Texas Board of Land Surveyors, is so that they will have what duties?
REPRESENTATIVE ALLEN: The purpose of appointing the advisory council is to act as an advisor regarding the scope and practice and professional qualifications. They're in effect going to serve as a governing board for those kinds of issues that would arise even though they are consolidated in their licensing function under TDLR. So they would serve as a policy board.
GARZA: So, there will be no change to scope of services, to testing, that will not have the approval, the full approval of the advisory council? The TLR would not make changes that the advisory council would not approve. Is that correct?
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ALLEN: That is correct.
REMARKS ORDERED PRINTED
Representative Garza moved to print remarks between Representative Garza and Representative Allen.
The motion prevailed without objection.
Amendment No. 18 was withdrawn.
Amendment No. 19
Representative Gallego offered the following amendment to CSSBi279:
Amend CSSB 279 by adding an appropriately numbered ARTICLE and renumbering the subsequent ARTICLES of the bill appropriately:
ARTICLE _____. RENTAL-PURCHASE AGREEMENTS
SECTION _____. Section 35.71, Business & Commerce Code, is amended by adding Subdivision (3-a) to read as follows:
(3-a) "Loss damage waiver" means a merchant's agreement not to hold a consumer liable for loss from all or part of any damage to merchandise.
SECTION _____. Section 35.72(c), Business & Commerce Code, is amended to read as follows:
(c) A rental-purchase agreement may not contain a provision:
(1) requiring a confession of judgement;
(2) authorizing a merchant or an agent of the merchant to commit a breach of the peace in the repossession of merchandise;
(3) waiving a defense, counterclaim, or right the consumer may have against the merchant or an agent of the merchant;
(4) requiring the purchase of insurance or a loss damage waiver from the merchant to cover the merchandise;
(5) requiring the payment of a late charge or reinstatement fee unless a periodic payment is delinquent for more than seven days if the payment is due monthly, or is delinquent for more than three days if the payment is due more frequently than month, and the charge or fee is in an amount equal to not more than the lesser of five percent of the delinquent payment or $5, and not less than $2; or
(6) requiring a payment at the end of the scheduled rental-purchase term in excess of or in addition to a regular periodic payment in order to acquire ownership of the merchandise. In no event shall the consumer be required to pay a sum greater than the total amount to be paid to acquire ownership, as disclosed in Subsection (g) (3) of this section.
SECTION _____. Subchapter F, chapter 35, Business & Commerce Code, is amended by adding Section 35.721 to read as follows:
Sec. 35.721. LOSS DAMAGE WAIVER. (a) In addition to other charges permitted by this subchapter, a consumer may contract for a loss damage waiver. A loss damage waiver is not insurance.
(b) A merchant may not sell a loss damage waiver unless the consumer agrees to the waiver in writing. A merchant may not impose or require the purchase of a loss damage waiver as a mandatory charge.
3132 78th LEGISLATURE — REGULAR SESSION
(c) A loss damage waiver may exclude loss or damage to the merchandise that is caused by an unexplained disappearance or abandonment of the merchandise, or any other damage that is intentionally caused by the consumer or that results from the consumer's wilful or wanton misconduct.
(d) A loss damage waiver agreement must include a statement of the total charge for the loss damage waiver.
(e) A merchant may charge a periodic fee for a loss damage waiver that may not exceed 10 percent of the periodic rental payment.
(f) A contract that offers a loss damage waiver must include the following notice:
"This contract offers an optional loss damage waiver for an additional charge to cover your responsibility for loss of or damage to the merchandise. You do not have to purchase this coverage. Before deciding whether or not to purchase this loss damage waiver, you may consider whether your own homeowners' or casualty insurance policy affords you coverage for loss of or damage to rental merchandise and the amount of the deductible you would pay under your policy."
(g) A merchant may not sell a loss damage waiver unless the form of the contract containing the waiver has been approved by the Texas Department of Licensing and Regulation.
(h) The Texas Commission of Licensing and Regulation shall by rule:
(1) provide for annual submission of a all contract forms, and all
amendments to contract forms, containing a loss damage waiver for review; and
(2) establish a reasonable fee to be paid by the merchant for the review of contract forms and for Texas Department of Licensing and Regulation administration of this subchapter.
SECTION _____. Subchapter F, Chapter 35, Business and Commerce Code, is amended by adding Section 35.722 to read as follows:
Section 35.722 ENFORCEMENT; INVESTIGATION; HEARING.
(a) The Executive Director of the Texas Department of Licensing and Regulation shall enforce Section 35.721 and may investigate any merchant who has one or more contracts that include loss damage waivers as necessary.
(b) A person may file a complaint alleging a violation of Section 35.721 with the Executive Director of the Texas Department of Licensing and Regulation, who shall investigate the alleged violation on receipt of the complaint, and may inspect any records relevant to the complaint.
(c) If, as a result of an investigation, the Executive Director of the Texas Department of Licensing and Regulation determines that a violation may have occurred, an opportunity for a hearing shall be provided pursuant to the provisions of the Administrative Procedure Act, Gov't Code, Chapter 2001.
(d) If, after opportunity for hearing, the Texas Commission of Licensing and Regulation determines that the merchant has violated Section 35.721, the Commission may, as appropriate:
(1) impose an administrative penalty pursuant to Occupations Code, Chapter 51, Subchapter F, and
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(2) award the complainant damages in an amount up to the amount of the contract price for the merchandise.
SECTION _____. The change in law made by this article applies only to a rental-purchase agreement entered into on or after the effective date of this Act. A rental-purchase agreement entered into before the effective date of this Act is governed by the law in effect on the date on which the rental-purchase agreement was entered into, and the former law is continued in effect for that purpose.
Amendment No. 19 was withdrawn.
Amendment No. 20
Representative Hartnett offered the following amendment to CSSBi279:
Amend CSSB 279 by adding the following ARTICLE and SECTIONS, appropriately numbered, and renumbering the ARTICLES and SECTIONS of the bill as appropriate:
ARTICLE _____. REGULATION OF PRIVATE PROCESS SERVERS
Section _____.01. The Civil Practice and Remedies Code is amended by adding Title 8 to read as follows:
TITLE 8. CIVIL PROCESS
CHAPTER 191. PRIVATE PROCESS SERVERS
Sec.i191.001.iiDEFINITIONS. In this chapter:
(1)ii"Commission" means the Texas Commission of Licensing and Regulation.
(2)ii"Department" means the Texas Department of Licensing and Regulation.
(3)ii"Executive director" means the executive director of the department.
Sec.i191.002.iiAPPLICABILITY OF CHAPTER. (a) This chapter does not apply to a sheriff, constable, or clerk of a court engaged in the discharge of that person's official duties.
(b)iiThis chapter does not limit or restrict the service of process in this state as provided by a court order.
(c)iiChapter 51, Occupations Code, applies to this chapter.
Sec.i191.003.iiRULES. The commission shall adopt rules for the implementation of this chapter.
Sec.i191.004.iiFEES. The commission by rule shall set fees in amounts reasonable and necessary to cover the costs of administering this chapter.
Sec.i191.005.iiLICENSE OR REGISTRATION REQUIRED. A person may not serve civil process in this state unless the person is licensed or registered under this chapter.
Sec. 191.006 LICENSE APPLICATION; TEMPORARY LICENSE. (a) An applicant for an initial process server license under this chapter must submit an application on a form prescribed by the executive director. To be eligible for a license under this section, an applicant must:
(1)iibe at least 18 years of age;
(2)iinot have been convicted of a misdemeanor involving moral turpitude or a felony;
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(3)iisubmit the nonrefundable application fee; and
(4)iicomply with the requirements adopted under Subsection (b).
(b) Each license applicant must provide proof to the department, in a manner acceptable to the department, of:
(1) completion of a department-approved seminar consisting of at least eight hours of instruction in civil process; and
(2) maintenance of insurance coverage as required by rules adopted by the commission.
(c) An applicant who is employed in this state as a sheriff, constable, or clerk of a court is exempt from any requirement for a criminal background check and any civil process instruction requirements for a license under this chapter.
(d) The executive director shall issue a temporary license not later than the 30th day after the date an applicant submits evidence satisfactory to the department that the applicant has properly completed the application, has paid all required fees, and meets all of the qualifications established by this chapter and by rule of the commission. A temporary license is valid for not more than 90 days after the date of issuance. If, on completion of the license application process, the executive director denies an application for a license, the applicant shall return the applicant's temporary license and immediately stop serving process under this chapter.
Sec. 191.007. AGENT REGISTRATION. (a) A person registered under this chapter as the agent of a license holder may execute civil process under this chapter on behalf of the license holder.
(b) An applicant for an agent registration shall submit an application to the department on a form prescribed by the executive director. To be eligible for registration under this section, an applicant must:
(1) be at least 18 years of age;
(2) not have been convicted of a misdemeanor involving moral turpitude or a felony;
(3) provide proof to the department, in a manner acceptable to the department, that the applicant:
(A) has completed a department-approved seminar consisting of at least eight hours of instruction in civil process; and
(B) maintains insurance coverage as required by rules adopted by the commission; and
(4) submit the nonrefundable application fee and the registration fee.
(c) An applicant who is employed in this state as a sheriff, constable, or clerk of a court is exempt from any requirement for a criminal background check and any civil process instruction requirements for an agent registration under this chapter.
Sec. 191.008. POWERS AND DUTIES OF LICENSE HOLDERS AND REGISTERED AGENTS. A license holder or registered agent may serve civil process issued by the courts of this state in the manner provided by law for service by sheriffs and constables. The person may serve the process on any day of the week anywhere in this state.
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Sec. 191.009. PUBLIC SERVANT; OFFICER OF COURT. Each license holder and registered agent shall be considered to be a public servant when performing duties related to serving process and considered to be an officer of the civil courts of this state, but may not be considered to be a peace officer based on that license or registration. An assault on a license holder or registered agent shall be treated as an assault on a public servant.
Sec. 191.010. ENFORCEMENT. (a) The commission may assess and collect administrative penalties for a violation of this chapter or a commission rule or order under Chapter 51, Occupations Code.
(b) The commission may issue administrative sanctions for a violation of this chapter or a commission rule or order under Chapter 51, Occupations Code.
(c) The department may issue cease and desist orders.
SECTION _____. 02. (a) Except as provided by Subsection (b) of this section, this article takes effect September 1, 2003.
(b) Section 191.005, Civil Practice and Remedies Code, as added by this Act, takes effect March 31, 2004.
Amendment No. 20 was adopted without objection.
Amendment No. 21
Representative Chisum offered the following amendment to CSSBi279:
Amend CSSB 279 by inserting the following appropriately numbered article in the bill and renumbering the subsequent articles of the bill accordingly:
ARTICLE ___. WEATHER MODIFICATION
SECTION __.001. Section 20.001, Agriculture Code, as added by Chapter 376, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows:
Sec.i20.001.iiFINDINGS. The legislature finds that weather modification
and control activities may have a significant impact on Texas agriculture. The
legislature further finds that the Texas Department of Licensing and Regulation
[Agriculture] is the proper state agency to administer grants to political
subdivisions for weather modification and control activities.
SECTION __.002. Section 20.002, Agriculture Code, as added by Chapter 376, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows:
Sec.i20.002.iiDEFINITIONS [DEFINITION]. In this chapter:
(1)ii"Department" means the Texas Department of Licensing and Regulation.
(2)ii"Weather[, "weather] modification and control" means changing or
controlling, or attempting to change or control, by artificial methods the natural
development of atmospheric cloud forms or precipitation forms that occur in the
troposphere.
SECTION __.003. (a) On the effective date of this article, in accordance with the General Appropriations Act enacted by the 78th Legislature:
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(1)iiall powers, duties, obligations, rights, and contracts of the Department of Agriculture associated with the weather modification and control grant program are transferred to the Texas Department of Licensing and Regulation;
(2)iiall authority to fill full-time equivalent positions to administer the weather modification and control grant program and all unspent and unobligated appropriations to and other money held by the Department of Agriculture in connection with the program are transferred to the Texas Department of Licensing and Regulation; and
(3)iiall files, records, equipment, and other property of the Department of Agriculture that are used by that agency in connection with the administration of the weather modification and control grant program become the property of the Texas Department of Licensing and Regulation, but remain in the same location unless moved in accordance with the memorandum of understanding adopted under Subsection (b) of this section.
(b)iiThe Department of Agriculture and the Texas Department of Licensing and Regulation shall adopt a memorandum of understanding not later than the 30th day after the effective date of this article that provides for the transfer, by that date, of any files, records, equipment, property, and personnel necessary to accomplish the transfer of the weather modification and control grant program from the Department of Agriculture to the Texas Department of Licensing and Regulation.
Amendment No. 21 was adopted without objection.
Amendment No. 22
Representative Pitts offered the following amendment to CSSBi279:
Amend CSSB 279 by adding the following appropriately numbered ARTICLE and SECTIONS and renumbering the ARTICLES and SECTIONS of the bill accordingly:
ARTICLE ___. COMBATIVE SPORTS
SECTION __.001. Chapter 2052, Occupations Code, is amended to read as follows:
CHAPTER 2052. COMBATIVE SPORTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec.i2052.001.iiLEGISLATIVE DECLARATION. This chapter shall be liberally construed and applied to promote its underlying purposes.
Sec.i2052.002.iiDEFINITIONS. In this chapter:
(1)ii"Boxing" includes kickboxing, in which a person delivers blows with any part of the arm below the shoulder, including the hand, and any part of the leg below the hip, including the foot.
(2)ii"Boxing promoter" means a person who arranges, advertises, or conducts a boxing event.
(3)ii"Commission" means the Texas Commission of Licensing and
Regulation ["Championship tournament" means a state, regional, national, or
international elimination tournament in which the winners of elimination
tournaments compete for a championship in each weight category].
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(4)ii["Commissioner" means the commissioner of licensing and
regulation or the commissioner's designated representative.
[(5)] "Department" means the Texas Department of Licensing and
Regulation.
(5) [(6)] "Elimination tournament" means a boxing contest in which
elimination tournament contestants compete in a series of matches until not more
than one contestant remains in any weight category. The term does not include a
boxing event described by Section 2052.108.
(6)ii"Executive director" means the executive director of the department or the executive director's designated representative.
(7)ii["Elimination tournament boxing promoter" means a person who
arranges, advertises, or conducts an elimination tournament.
[(8) "Elimination tournament contestant" means a person who competes
in an elimination tournament.
[(9)] "Exhibition" means a boxing or wrestling skills demonstration.
(8) [(10)] "Event" means a contest, match, or exhibition.
(9) [(11)] "Judge" means a person who is:
(A)iilocated at ringside during a boxing match; and
(B)iiresponsible for scoring the performances of the participants in the match.
(10) [(12) "Local tournament" means an elimination tournament in
which only a resident of this state may compete.
[(13)] "Professional boxer" means a person who competes in a boxing
event in this state conducted for a purse or compensation.
(11)ii"Promoter" means a boxing promoter or wrestling promoter.
(12) [(14)] "Referee" means a person who:
(A)iiis present in the ring during a boxing event; and
(B)iiexercises general supervision of the event.
(13)ii"Ringside physician" means an individual licensed to practice medicine in this state who is registered with the department.
(14) [(15) "Regional tournament" means an elimination tournament in
which a contestant from outside of the immediate area in which the tournament is
conducted may compete against local contestants.
[(16)] "Wrestling promoter" means a person who arranges, advertises, or
conducts a wrestling event.
SUBCHAPTER B. POWERS AND DUTIES OF DEPARTMENT
AND COMMISSIONER
Sec.i2052.051.iiADMINISTRATION OF CHAPTER. The department shall administer this chapter.
Sec.i2052.052.iiRULES. (a) The executive director [commissioner] shall
adopt reasonable and necessary rules to administer this chapter.
(b)iiThe executive director [commissioner] may adopt rules:
(1)iigoverning professional kickboxing contests and exhibitions; [and]
(2)iiestablishing reasonable qualifications for an applicant seeking a license from the department under this chapter;
3138 78th LEGISLATURE — REGULAR SESSION
(3)iirecognizing a sanction, medical suspension, or disqualification of a license holder by a combative sports authority in any state, provided that if licensure is denied based on those actions, an applicant has a right to a hearing as prescribed by rule;
(4)iiestablishing practice requirements or specialty certifications that a person licensed to practice medicine in this state must meet to register as a ringside physician;
(5)iirequiring a contestant to present to the executive director at the time of weigh-in an original copy of recent blood test results that demonstrate whether the contestant is free from hepatitis B virus, hepatitis C virus, human immunodeficiency virus, and any other communicable disease designated by rule of the executive director and providing that a contestant's failure to provide the required blood test results will disqualify the contestant;
(6)iiproviding that to participate in any event a contestant must be free of hepatitis B virus, hepatitis C virus, human immunodeficiency virus, and any other communicable disease designated by rule;
(7)iirequiring that a contestant undergo a physical examination, including an ophthalmological examination, at or near the time of weigh-in and providing for disqualification of a contestant who is determined by an examining physician to be unfit; and
(8)iiestablishing additional responsibilities for promoters.
Sec.i2052.053.iiINVESTIGATIVE AUTHORITY. (a) The executive
director [commissioner] shall investigate allegations of activity that may violate
this chapter.
(b)iiThe executive director [commissioner] may enter, at a reasonable time, a
place of business or an establishment in which activity alleged to violate this
chapter may occur. The executive director [commissioner] is not required to give
advance notice before entering.
Sec.i2052.054.iiCONTINUING EDUCATION. (a) The executive director
[commissioner] may recognize, prepare, or administer continuing education
programs for persons licensed under this chapter.
(b)iiParticipation in a continuing education program under Subsection (a) is voluntary.
Sec.i2052.055.iiMEDICAL ADVISORY COMMITTEE. (a) The executive director may appoint a medical advisory committee to advise the department concerning health issues for boxing event contestants.
(b)iiIf the executive director elects to appoint an advisory committee, the executive director by rule shall establish:
(1)iithe number of committee members;
(2)iiqualifications for appointment to the committee; and
(3)iithe purpose and duties of the committee.
SUBCHAPTER C. LICENSING, REGISTRATION, AND PERMITS
Sec.i2052.101.iiBOXING PROMOTER LICENSE. A person may not act as
a boxing promoter [or an elimination tournament boxing promoter] unless the
person holds a license issued under this chapter.
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Sec.i2052.102.iiBOXING PROMOTER LICENSE APPLICATION
REQUIREMENTS. (a) An applicant for a boxing promoter's license under this
chapter must apply on a form furnished by the executive director [commissioner].
(b)iiAn application must be accompanied by:
(1)iia license fee in an amount set by the department [commission]; and
(2)iia surety bond:
(A)iisubject to approval by the executive director [commissioner];
and
(B)iiconditioned on the applicant's payment of the tax imposed under Section 2052.151.
(c)iiThe executive director [commissioner] shall establish the amount of the
surety bond required under Subsection (b). The bond amount may not be less
than $300.
Sec.i2052.103.ii[ELIMINATION TOURNAMENT BOXING PROMOTER
LICENSE APPLICATION REQUIREMENTS. (a) An applicant for an
elimination tournament boxing promoter's license under this chapter must apply
on a form furnished by the commissioner.
[(b) An application must be accompanied by an application fee of not more
than $1,000 and, if the applicant charges a fee for admission to the elimination
tournament or awards a trophy, prize, including a prize of money, or other item of
value of more than $50 to a contestant winning the elimination tournament:
[(1) a $50,000 surety bond subject to approval by the commissioner and
conditioned on the applicant's payment of:
[(A) the tax imposed under Section 2052.151; and
[(B) a claim against the applicant as described by Section
2052.109(a)(3); and
[(2) proof of not less than $10,000 accidental death or injury insurance
coverage for each contestant participating in the elimination tournament.
[Sec. 2052.104. ELIMINATION TOURNAMENT BOXING PROMOTER
ANNUAL LICENSE FEE. The annual fee for an elimination tournament boxing
promoter's license may not exceed $1,000.
[Sec. 2052.105.] WRESTLING PROMOTER REGISTRATION. A person
may not act as a wrestling promoter unless the person is registered with the
secretary of state under this chapter.
Sec. 2052.104 [2052.106]. WRESTLING PROMOTER APPLICATION
REQUIREMENTS. (a) Registration as a wrestling promoter must be made on a
form furnished by the secretary of state.
(b)iiA registration must be accompanied by:
(1)iia registration fee prescribed by the secretary of state in an amount reasonably necessary to cover the costs of administering the wrestling promoters registration program; and
(2)iia $5,000 surety bond to be filed with the secretary of state.
Sec. 2052.105 [2052.107]. OTHER BOXING LICENSES. Unless a person
holds a license or registration issued under this chapter, the person may not act as
a:
(1)iiprofessional boxer;
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(2)iimanager of a professional boxer;
(3)iireferee;
(4)iijudge;
(5)iisecond;
(6)iitimekeeper; [or]
(7)iimatchmaker; or
(8)iiringside physician.
Sec. 2052.106 [2052.108]. APPLICATION REQUIREMENTS FOR
OTHER LICENSES. (a) An application for a license under Section 2052.105
[2052.107] must be made on a form furnished by the executive director
[commissioner].
(b)iiAn application must be accompanied by the required license fee.
Sec. 2052.107 [2052.109]. SURETY BOND. (a) A surety bond required
under this subchapter must:
(1)iibe issued by a company authorized to conduct business in this state;
(2)iicomply with the applicable requirements of the Insurance Code;
(3)iibe payable to the state for use by the state or a political subdivision that establishes that the boxing or wrestling promoter is liable to it for damages, penalties, taxes, or other expenses resulting from promotional activities conducted in this state; and
(4)iibe open to more than one claim, except that the claims may not exceed the face value of the bond.
(b)iiA person required to file a surety bond under this subchapter shall file a new bond annually.
(c)iiA company that issues a bond shall notify the department in writing of the cancellation of the bond not later than the 30th day before the date on which the bond is canceled.
Sec. 2052.108 [2052.110]. LICENSE AND BONDING EXCEPTIONS. The
licensing and bonding requirements of this subchapter do not apply to:
(1)iia boxing event in which the participants do not receive a money remuneration, purse, or prize for their performances or services if the event is promoted, conducted, or maintained by:
(A)iian educational institution;
(B)iia law enforcement organization;
(C)iia Texas National Guard Unit; or
(D)iian amateur athletic organization recognized by the executive
director [commissioner];
(2)iian event conducted by a nonprofit amateur athletic association
chartered under the law of this state, including a membership club affiliated with
the association located within this state and recognized by the executive director
[commissioner];
(3)iian event conducted by a college, school, or university that is part of
the institution's athletic program in which only students of different educational
institutions participate; [or]
(4)iian event in which only members of a troop, battery, company, or unit of the Texas National Guard or a law enforcement agency participate; or
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(5)iian event conducted by an organization of the Olympic Games, the Paralympic Games, or the Pan-American Games.
Sec. 2052.109 [2052.111]. DENIAL OF APPLICATION. The executive
director [commissioner] may deny an application for a license if:
(1)iithe applicant does not meet the qualifications for the license; or
(2)iiafter conducting an investigation and a hearing, the executive
director [commissioner] determines that the applicant has violated this chapter or
a rule adopted under this chapter.
Sec. 2052.110 [2052.112]. RECIPROCITY AGREEMENT. The executive
director [commissioner] may waive a license requirement under this subchapter if
the applicant holds a license issued by another state that has a reciprocity
agreement with this state.
Sec. 2052.111 [2052.113]. LICENSE AND PERMIT REQUIRED FOR
CLOSED CIRCUIT BOXING TELECAST. A person who exhibits in this state a
simultaneous telecast of a live, spontaneous, or current boxing event on a closed
circuit telecast in which a fee is charged for admission to the telecast must:
(1)iihold a boxing promoter's license under this chapter; and
(2)iiobtain a permit for the closed circuit telecast.
Sec.i2052.112.iiLICENSE, REGISTRATION, AND PERMIT TERM AND RENEWAL. (a) A license, registration, or permit issued under this chapter is valid for one year after the date of issuance.
(b)iiThe holder of a license, registration, or permit may renew the license, registration, or permit by paying a renewal fee and complying with other renewal requirements prescribed by department rule before the expiration date. The department shall issue a renewal certificate to the holder at the time of renewal.
Sec.i2052.113.iiPROMOTER RESPONSIBILITIES. For each promoted event, a promoter shall:
(1)iiassure that all contestants scheduled to participate are licensed before the event;
(2)iiprovide that an ambulance, serviced by at least two emergency medical technicians, is present on the premises where the event is held;
(3)iiprovide for a physical examination of each contestant that complies with rules adopted under this chapter; and
(4)iicomply with all applicable rules adopted by the executive director or the commission.
SUBCHAPTER D. GROSS RECEIPTS TAX
Sec.i2052.151.iiIMPOSITION AND RATE OF TAX. (a) A tax is imposed on a person who:
(1)iiconducts a boxing event[, including an elimination tournament,] in
which a fee is charged for admission to the event;
(2)iiexhibits in this state a simultaneous telecast of a live, spontaneous, or current boxing event on a closed circuit telecast, in which a fee is charged for admission to the telecast; or
(3)iiconducts or sponsors an amateur boxing event, other than an event
exempt from licensing under Section 2052.108(2) [2052.110(2)], (3), [or] (4), or
(5), in which a fee is charged for admission to the event.
3142 78th LEGISLATURE — REGULAR SESSION
(b)iiThe rate of the tax is three percent of the gross receipts obtained from the event.
Sec.i2052.152.iiTAX REPORT AND PAYMENT. (a) A person on whom a tax is imposed under Section 2052.151, not later than 72 hours after the end of the event or telecast for which the tax is due, shall submit to the department a verified report on a form furnished by the department stating:
(1)iithe number of tickets sold to the event;
(2)iithe ticket prices charged; [and]
(3)iithe gross price charged for the sale or lease of broadcasting, television, and motion picture rights without any deductions for commissions, brokerage fees, distribution fees, advertising, or other expenses or charges; and
(4) the amount of gross receipts obtained from the event.
(b)iiThe person shall attach to the report a cashier's check or money order payable to this state in the amount of the tax imposed on the event covered by the report.
(c)iiThe department may audit a report filed under Subsection (b).
Sec.i2052.153.iiCLOSED CIRCUIT TELECAST. A person exhibiting a simultaneous telecast of a live, spontaneous, or current boxing event on a closed circuit telecast in which a fee is charged for admission to the exhibition:
(1)iimust:
(A)iibe a boxing promoter; and
(B)iiobtain a permit for each telecast exhibited; and
(2)iishall comply with the tax provisions of Section 2052.151.
[Sec. 2052.154. CERTAIN AMATEUR EVENTS. A person shall comply
with the tax requirements imposed under Section 2052.151 if the person:
[(1) conducts or sponsors an amateur boxing event, except an event
conducted under Section 2052.110(2), (3), or (4); and
[(2) charges an event admission fee.]
SUBCHAPTER E. [REGULATION OF] ELIMINATION TOURNAMENTS
Sec.i2052.201.iiELIMINATION TOURNAMENTS PROHIBITED
[GENERAL RULES]. [(a)] An elimination tournament may not [only] be held in
this state [conducted as a one-night or two-night event].
[(b) An elimination tournament match consists of three one-minute rounds
with an interval of at least one minute between rounds.
[(c) The standing-eight-count and the three-knock-down rules apply to an
elimination tournament.
[(d) An elimination tournament contestant must be randomly matched with
an opponent in the same weight category as the contestant during the preliminary
round of an elimination tournament.
[Sec. 2052.202. CONTESTANT PARTICIPATION. (a) An elimination
tournament contestant may not participate in more than:
[(1) one match during the first night of a two-night elimination
tournament other than a championship tournament; or
[(2) two matches during the first night of a two-night championship
tournament.
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[(b) An elimination tournament contestant may participate in any number of
matches during the second night of a two-night elimination tournament.
[(c) Except as provided by Subsection (d), an elimination tournament boxing
promoter may permit an elimination tournament contestant who does not win a
match during the first night of a two-night elimination tournament to participate
in the tournament during the second night of the tournament.
[(d) An elimination tournament contestant who is knocked out during the
tournament may not continue to participate in the tournament.
[Sec. 2052.203. ELIMINATION TOURNAMENT BOXING PROMOTER
RESPONSIBILITIES. (a) An elimination tournament boxing promoter shall
require that each elimination tournament contestant:
[(1) be at least 18 years old and younger than 36 years old;
[(2) submit proof that the contestant has received proper training,
including a written description of the contestant's training program during the 28
days before the elimination tournament;
[(3) have no professional boxing experience;
[(4) have fewer than six boxing match wins during the preceding five
years that are recognized by an amateur boxing organization that is recognized
under department rules for this purpose;
[(5) use 16-ounce gloves; and
[(6) wear the following protective gear provided by the promoter:
[(A) except as provided by Subsection (b), headgear approved by
the department;
[(B) a mouthpiece; and
[(C) a groin guard or kidney-groin guard approved by the
department.
[(b) The elimination tournament boxing promoter of a local, regional, or
championship elimination tournament is not required to require that each
elimination tournament contestant wear headgear approved by the department if
the promoter under department rules notifies the commissioner of the decision
not to use the approved headgear.
[Sec. 2052.204. ELIMINATION TOURNAMENT RINGSIDE
PHYSICIAN. (a) An elimination tournament boxing promoter shall provide a
ringside physician for each elimination tournament.
[(b) An elimination tournament ringside physician shall:
[(1) perform a complete medical examination of each elimination
tournament contestant at the tournament's location before the tournament begins;
[(2) remain at ringside at all times during a scheduled elimination
tournament match;
[(3) offer solutions to boxing-related medical problems to the
elimination tournament boxing promoter and contestants;
[(4) examine each elimination tournament contestant between matches;
[(5) immediately before the second night of a two-night elimination
tournament, perform a complete physical examination of each elimination
tournament contestant who is scheduled to participate during the second night;
and
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[(6) immediately notify the elimination tournament boxing promoter if
the physician disqualifies an elimination tournament contestant.
[Sec. 2052.205. NEGATIVE PREGNANCY TEST RESULT. A female
elimination tournament contestant may not participate in an elimination
tournament unless the contestant provides the ringside physician with proof of a
negative pregnancy test result.
[Sec. 2052.206. WEIGHT CATEGORIES. (a) The weight categories for an
elimination tournament are:
[(1) less than 112 pounds;
[(2) 112 pounds or more and less than 119 pounds;
[(3) 119 pounds or more and less than 127 pounds;
[(4) 127 pounds or more and less than 136 pounds;
[(5) 136 pounds or more and less than 148 pounds;
[(6) 148 pounds or more and less than 161 pounds;
[(7) 161 pounds or more and less than 176 pounds;
[(8) 176 pounds or more and less than 190 pounds; and
[(9) 190 pounds or more.
[(b) An elimination tournament contestant may not compete in a weight
category other than the contestant's weight category as listed under Subsection
(a) unless the contestant:
[(1) competes in the next heavier weight category for the contestant; and
[(2) the contestant's weight is within three percent of the minimum
weight for that next heavier weight category.
[Sec. 2052.207. RING REQUIREMENTS. (a) An elimination tournament
match must be conducted in a square ring. Each side of the ring must be not less
than 16 feet or more than 24 feet in length.
[(b) The floor of the ring must be:
[(1) three-fourths inch thick; and
[(2) padded with one-inch thick closed-cell foam material.]
SUBCHAPTER F. OTHER COMBATIVE SPORT REGULATIONS
Sec.i2052.251.iiBOXING GLOVES. A boxing event contestant[, other than
an elimination tournament contestant under Subchapter E,] shall wear
eight-ounce boxing gloves[,] unless the executive director [commissioner] by rule
requires or permits a contestant to wear heavier gloves.
Sec.i2052.252.iiCERTAIN AMATEUR EVENTS. (a) This section applies to
an amateur boxing event, other than an event described by Section 2052.108(2),
(3), (4), or (5) [elimination tournament subject to Subchapter E], in which a fee is
charged for admission to the event.
(b)iiThe event may take place only if the executive director [commissioner]
approves the event not later than seven days before the date the event begins.
(c)iiEach entry in the event must be filed with the amateur organization not later than the third day before the date the event begins.
(d)iiThe amateur organization shall determine the amateur standing of the event contestants.
(e)iiThe event is subject to the supervision of the executive director
[commissioner].
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(f)iiAll profits from the event must be used to develop amateur athletics.
(g)iiOnly a referee or judge licensed under this chapter may participate in the event.
(h)iiEach contestant participating in the event must be examined by a licensed physician within a reasonable time before the event begins. A licensed physician must be present at ringside during the entire event.
(i)iiA professional boxer licensed under this chapter may not participate in any capacity in the event.
Sec.i2052.253.iiKICKBOXING. A professional kickboxing event must be fought on the basis of the contestants' best efforts.
SUBCHAPTER G. DISCIPLINARY PROCEDURES; PENALTIES;
CRIMINAL OFFENSE
Sec.i2052.301.iiADMINISTRATIVE PENALTIES AND SANCTIONS
[REVOCATION AND SUSPENSION OF LICENSE OR PERMIT]. On a
determination that a person has violated this chapter, a rule adopted under this
chapter, or a rule adopted under Chapter 51, the executive director may impose
administrative sanctions as provided by Subchapter G, Chapter 51, or the
commission may impose administrative penalties as provided by Subchapter F,
Chapter 51 [The commissioner may revoke or suspend the license or permit of a
license or permit holder under this chapter for violating this chapter or a rule
adopted under this chapter].
Sec.i2052.3015.iiPROMOTER PENALTY FOR LATE LICENSE. A promoter who does not comply with Section 2052.113(1) in a timely manner is subject to a penalty under this chapter for each contestant who obtains a license less than 72 hours before an event in which the contestant is scheduled to participate.
Sec.i2052.302.iiWITHHOLDING OF PURSE AND FORFEITURE OF
PURSE. (a) The executive director [commissioner] may order a promoter [boxer
or manager] to withhold any [forfeit to this state a] purse or other funds payable
to the holder of a license or registration under this chapter if it appears more
likely than not that the holder has violated [in an amount of not more than $1,000
for violating] this chapter or a rule adopted under this chapter.
(b)iiThe promoter shall surrender any purse or funds withheld as provided by Subsection (a) to the executive director on demand. Not later than the fifth working day after the event, the department shall notify in writing the promoter and any person from whom a sum was withheld of the date of a hearing to determine whether all or part of the purse or funds withheld should be forfeited to the state. The hearing must be scheduled for a date not later than the 10th day after the date of the notice. Not later than the 10th day after the date of the hearing, the executive director shall enter an order with findings of fact and conclusions of law determining whether all or part of the purse or funds should be forfeited. Any funds not forfeited shall be distributed to the persons entitled to the funds.
(c)iiExcept as otherwise provided by this subchapter, a proceeding under this section shall be conducted in the manner provided by Chapter 2001, Government Code.
3146 78th LEGISLATURE — REGULAR SESSION
(d)iiA person aggrieved by an order entered under this section may appeal the order by filing a petition in a district court in Travis County in the manner provided by Chapter 2001, Government Code.
Sec.i2052.303.iiCIVIL PENALTY; INJUNCTION. (a) A court may assess a civil penalty against a person who violates this chapter or a rule adopted under this chapter. The amount of the penalty may not exceed $1,000 for each violation.
(b)iiThe attorney general or the department may file a civil suit to:
(1)iiassess and recover a civil penalty under Subsection (a); or
(2)iienjoin a person who violates or threatens to violate this chapter or a rule adopted under this chapter from continuing the violation or threat.
(c)iiVenue for a suit filed under Subsection (b) is in a district court in Travis County.
(d)iiA civil penalty assessed under this section shall be paid to this state.
Sec.i2052.304.iiPETITION FOR REVIEW. (a) A person may seek review
of a decision or an order of the executive director or the commission
[commissioner] under this chapter by filing a petition for review in a district court
in Travis County [not later than the 30th day after the date on which the decision
or order of the commissioner is final if the person is:
[(1) a party to an administrative hearing in which the decision or order is
issued; and
[(2) aggrieved by the decision or order].
(b)iiChapter 2001, Government Code, governs any proceeding under this
section [The filing of a petition for review under Subsection (a) does not stay the
effect of the decision or order of the commissioner that is the subject of the
petition. The commissioner or the district court in which the petition for review is
filed may order a stay on appropriate terms].
[(c) If a stay is ordered under Subsection (b), a supersedeas bond is not
required.
[Sec. 2052.305. SERVICE OF PROCESS. A petition for review filed under
Section 2052.304 must be served on:
[(1) the commissioner; and
[(2) all parties of record to a hearing before the commissioner that
relates to the matter for which the petition for review is filed.
[Sec. 2052.306. CERTIFICATION OF RECORD. (a) On receipt of a
petition for review served under Section 2052.305, the commissioner, not later
than the date on which the answer to the petition must be filed or the date on
which the record is made available to the commissioner, whichever date is later,
shall certify to the district court in which the petition is filed the record of the
proceedings to which the petition relates.
[(b) The petitioner shall pay the costs of preparing and certifying the record
under this section.
[(c) On final determination of the review, the district court shall order
payment of the costs described under Subsection (b) as part of the costs in the
case.
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[Sec. 2052.307. JUDICIAL REVIEW. (a) A district court reviewing a
decision or an order of the commissioner under this subchapter shall try the
action without a jury in the same manner as a civil action, except that evidence is
not admissible unless the evidence was presented at the hearing or noticed in the
record of the hearing before the commissioner. The petitioner has the burden of
proof in the action.
[(b) The court may:
[(1) affirm the decision or order of the commissioner; or
[(2) remand the matter to the commissioner for further proceedings.]
Sec. 2052.305 [2052.308]. APPEAL. (a) The petitioner or executive director
[commissioner] may appeal a final judgment of a court conducting a review
under this subchapter in the same manner as a civil action.
(b)iiThe executive director [commissioner] is not required to file an appeal
bond.
Sec. 2052.306 [2052.309]. CRIMINAL OFFENSE. (a) A person commits
an offense if the person violates this chapter or a rule adopted under this chapter.
(b)iiAn offense under this section is a Class A misdemeanor.
SECTION ___.002. (a) Except as provided by Subsections (b) and (c) of this section, this article takes effect January 1, 2004.
(b)iiThis section takes effect September 1, 2003.
(c)iiSection 2052.201, Occupations Code, as amended by this article, takes effect September 1, 2003, and applies to an elimination tournament scheduled to occur on or after that date. An elimination tournament scheduled to occur before that date is governed by the law in effect on the date that the tournament was scheduled, and the former law is continued in effect for that purpose.
SECTION ___.003. Section 2052.302, Occupations Code, as amended by this article, applies to a forfeiture imposed on or after the effective date of this article. A forfeiture imposed before that date is governed by the law in effect on the date that the forfeiture was ordered, and the former law is continued in effect for that purpose.
Amendment No. 22 was adopted without objection.
Amendment No. 23
Representative Allen offered the following amendment to CSSBi279:
Amend CSSB 279 by adding the following ARTICLES, appropriately numbered, and renumbering ARTICLE 29 of the bill as appropriate:
ARTICLE 29. ABOLITION OF THE TEXAS FUNERAL SERVICES COMMISSION AND TRANSFER OF POWERS AND DUTIES TO TEXAS DEPARTMENT OF LICENSING AND REGULATION
SECTIONi29.01.iiSection 651.001, Occupations Code, is amended by adding Subdivision (3-a) to read as follows:
(3-a) "Department" means the Texas Department of Licensing and Regulation.
SECTIONi29.02.iiSubchapter, Chapter 651, Occupations Code, is amended by adding Sections 651.004 and 651.005 to read as follows:
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Sec.i651.004.iiTEXAS DEPARTMENT OF LICENSING AND REGULATION. (a) The department shall administer this chapter. If in administering this chapter there is a conflict between a provision of this chapter and a provision of Chapter 51, the provision of
Chapter 51 controls.
(b)iiA reference in this chapter or other law to the Texas Funeral Service Commission means the department.
Sec.i651.005.iiADVISORY COMMITTEE. The governor shall appoint an advisory committee of seven persons to advise the department in administering this chapter.
SECTIONi29.03.iiOn September 1, 2003, the following laws are repealed:
(1)iiSections 651.001(2), 651.002, and 651.153, Occupations Code; and
(2)iiSubchapters B, C, and E, Chapter 651, Occupations Code.
SECTIONi29.04.iiOn September 1, 2003:
(1)iiall functions and activities relating to Chapter 651, Occupations Code, performed by the Texas Funeral Service Commission immediately before that date are transferred to the Texas Department of Licensing and Regulation;
(2)iia rule or form adopted by the Texas Funeral Service Commission that relates to Chapter 651, Occupations Code, is a rule or form of the Texas Department of Licensing and Regulation and remains in effect until amended or replaced by that department;
(3)iia reference in law or an administrative rule to the Texas Funeral Service Commission that relates to Chapter 651, Occupations Code, means the Texas Department of Licensing and Regulation;
(4)iia complaint, investigation, or other proceeding before the Texas Funeral Service Commission that is related to Chapter 651, Occupations Code, is transferred without change in status to the Texas Department of Licensing and Regulation, and the Texas Department of Licensing and Regulation assumes, as appropriate and without a change in status, the position of the Texas Funeral Service Commission in an action or proceeding to which the Texas Funeral Service Commission is a party;
(5)iiall money, contracts, leases, property, and obligations of the Texas Funeral Service Commission related to Chapter 651, Occupations Code, are transferred to the Texas Department of Licensing and Regulation;
(6)iiall property in the custody of the Texas Funeral Service Commission related to Chapter 651, Occupations Code, is transferred to the Texas Department of Licensing and Regulation; and
(7)iithe unexpended and unobligated balance of any money appropriated by the legislature for the Texas Funeral Service Commission related to Chapter 651, Occupations Code, is transferred to the Texas Department of Licensing and Regulation.
SECTIONi29.05.iiNot later than November 1, 2003, the governor shall appoint the advisory committee required by Section 651.005, Occupations Code, as added by this Act.
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ARTICLE 30. ABOLITION OF THE TEXAS STRUCTURAL PEST CONTROL BOARD AND TRANSFER OF POWERS AND DUTIES TO TEXAS DEPARTMENT OF LICENSING AND REGULATION
SECTIONi30.01.iiSection 1951.002, Occupations Code, is amended by adding Subdivision (6-a) to read as follows:
(6-a) "Department" means the Texas Department of Licensing and Regulation.
SECTIONi30.02.iiSubchapter A, Chapter 1951, Occupations Code, is amended by adding Sections 1951.008 and 1951.009 to read as follows:
Sec.i1951.008.iiTEXAS DEPARTMENT OF LICENSING AND REGULATION. (a) The department shall administer this chapter. If in administering this chapter there is a conflict between a provision of this chapter and a provision of Chapter 51, the provision of Chapter 51 controls.
(b)iiA reference in this chapter to the board or a reference in other law to the Texas Structural Pest Control Board means the department.
Sec.i1951.009.iiADVISORY COMMITTEE. The governor shall appoint an advisory committee of seven persons to advise the department in administering this chapter.
SECTIONi30.03.iiOn September 1, 2003, the following laws are repealed:
(1)iiSections 1951.002(2), 1951.007, and 1951.206, Occupations Code; and
(2)iiSubchapters C, D, and F, Chapter 1951, Occupations Code.
SECTIONi30.04.iiOn September 1, 2003:
(1)iiall functions and activities relating to Chapter 1951, Occupations Code, performed by the Texas Structural Pest Control Board immediately before that date are transferred to the Texas Department of Licensing and Regulation;
(2)iia rule or form adopted by the Texas Structural Pest Control Board that relates to Chapter 1951, Occupations Code, is a rule or form of the Texas Department of Licensing and Regulation and remains in effect until amended or replaced by that department;
(3)iia reference in law or an administrative rule to the Texas Structural Pest Control Board that relates to Chapter 1951, Occupations Code, means the Texas Department of Licensing and Regulation;
(4)iia complaint, investigation, or other proceeding before the Texas Structural Pest Control Board that is related to Chapter 1951, Occupations Code, is transferred without change in status to the Texas Department of Licensing and Regulation, and the Texas Department of Licensing and Regulation assumes, as appropriate and without a change in status, the position of the Texas Structural Pest Control Board in an action or proceeding to which the Texas Structural Pest Control Board is a party;
(5)iiall money, contracts, leases, property, and obligations of the Texas Structural Pest Control Board related to Chapter 1951, Occupations Code, are transferred to the Texas Department of Licensing and Regulation;
(6)iiall property in the custody of the Texas Structural Pest Control Board related to Chapter 1951, Occupations Code, is transferred to the Texas Department of Licensing and Regulation; and
3150 78th LEGISLATURE — REGULAR SESSION
(7)iithe unexpended and unobligated balance of any money appropriated by the legislature for the Texas Structural Pest Control Board related to Chapter 1951, Occupations Code, is transferred to the Texas Department of Licensing and Regulation.
SECTIONi30.05.iiNot later than November 1, 2003, the governor shall appoint the advisory committee required by Section 1951.009, Occupations Code, as added by this Act.
ARTICLE 31. ABOLITION OF THE TEXAS STATE BOARD OF PLUMBING EXAMINERS AND TRANSFER OF POWERS AND DUTIES TO TEXAS DEPARTMENT OF LICENSING AND REGULATION
SECTIONi31.01.iiSection 1301.002(1), Occupations Code, is amended to read as follows:
(1)ii"Department" ["Board"] means the Texas Department of Licensing
and Regulation [State Board of Plumbing Examiners].
SECTIONi31.02.iiSubchapter A, Chapter 1301, Occupations Code, is amended by adding Sections 1301.004 and 1301.005 to read as follows:
Sec.i1301.004.iiTEXAS DEPARTMENT OF LICENSING AND REGULATION. (a) The department shall administer this chapter. If in administering this chapter there is a conflict between a provision of this chapter and a provision of Chapter 51, the provision of Chapter 51 controls.
(b)iiA reference in this chapter to the board or a reference in other law to the Texas State Board of Plumbing Examiners means the department.
Sec.i1301.005.iiADVISORY COMMITTEE. The governor shall appoint an advisory committee of seven persons to advise the department in administering this chapter.
SECTIONi31.03.iiOn September 1, 2003, the following laws are repealed:
(1)iiSections 1301.003, 1301.204, 1301.252, 1301.301, and 1301.303, Occupations Code; and
(2)iiSubchapter C, Chapter 1301, Occupations Code.
SECTIONi31.04.iiOn September 1, 2003:
(1)iiall functions and activities relating to Chapter 1301, Occupations Code, performed by the Texas State Board of Plumbing Examiners immediately before that date are transferred to the Texas Department of Licensing and Regulation;
(2)iia rule or form adopted by the Texas State Board of Plumbing Examiners that relates to Chapter 1301, Occupations Code, is a rule or form of the Texas Department of Licensing and Regulation and remains in effect until amended or replaced by that department;
(3)iia reference in law or an administrative rule to the Texas State Board of Plumbing Examiners that relates to Chapter 1301, Occupations Code, means the Texas Department of Licensing and Regulation;
(4)iia complaint, investigation, or other proceeding before the Texas State Board of Plumbing Examiners that is related to Chapter 1301, Occupations Code, is transferred without change in status to the Texas Department of Licensing and Regulation, and the Texas Department of Licensing and
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3151
(5)iiall money, contracts, leases, property, and obligations of the Texas State Board of Plumbing Examiners related to Chapter 1301, Occupations Code, are transferred to the Texas Department of Licensing and Regulation;
(6)iiall property in the custody of the Texas State Board of Plumbing Examiners related to Chapter 1301, Occupations Code, is transferred to the Texas Department of Licensing and Regulation; and
(7)iithe unexpended and unobligated balance of any money appropriated by the legislature for the Texas State Board of Plumbing Examiners related to Chapter 1301, Occupations Code, is transferred to the Texas Department of Licensing and Regulation.
SECTIONi31.05.iiNot later than November 1, 2003, the governor shall appoint the advisory committee required by Section 1301.005, Occupations Code, as added by this Act.
ARTICLE 32. ABOLITION OF THE TEXAS COSMETOLOGY COMMISSION AND TRANSFER OF POWERS AND DUTIES TO TEXAS DEPARTMENT OF LICENSING AND REGULATION
SECTIONi32.01.iiSection 1602.001, Occupations Code, is amended by adding Subdivision (1-a) to read as follows:
(1-a) "Department" means the Texas Department of Licensing and Regulation.
SECTIONi32.02.iiSubchapter A, Chapter 1602, Occupations Code, is amended by adding Sections 1602.005 and 1602.006 to read as follows:
Sec.i1602.005.iiTEXAS DEPARTMENT OF LICENSING AND REGULATION. (a) The department shall administer this chapter. If in administering this chapter there is a conflict between a provision of this chapter and a provision of Chapter 51, the provision of Chapter 51 controls.
(b)iiA reference in this chapter to the commission or a reference in other law to the Texas Cosmetology Commission means the department.
Sec.i1602.006.iiADVISORY COMMITTEE. The governor shall appoint an advisory committee of seven persons to advise the department in administering this chapter.
SECTIONi32.03.iiOn September 1, 2003, the following laws are repealed:
(1)iiSections 1602.001(1), 1602.004, and 1602.152, Occupations Code; and
(2)iiSubchapters B, C, and E, Chapter 1602, Occupations Code.
SECTIONi32.04.iiOn September 1, 2003:
(1) all functions and activities relating to Chapter 1602, Occupations Code, performed by the Texas Cosmetology Commission immediately before that date are transferred to the Texas Department of Licensing and Regulation;
(2)iia rule or form adopted by the Texas Cosmetology Commission that relates to Chapter 1602, Occupations Code, is a rule or form of the Texas Department of Licensing and Regulation and remains in effect until amended or replaced by that department;
3152 78th LEGISLATURE — REGULAR SESSION
(3)iia reference in law or an administrative rule to the Texas Cosmetology Commission that relates to Chapter 1602, Occupations Code, means the Texas Department of Licensing and Regulation;
(4)iia complaint, investigation, or other proceeding before the Texas Cosmetology Commission that is related to Chapter 1602, Occupations Code, is transferred without change in status to the Texas Department of Licensing and Regulation, and the Texas
Department of Licensing and Regulation assumes, as appropriate and without a change in status, the position of the Texas Cosmetology Commission in an action or proceeding to which the Texas Cosmetology Commission is a party;
(5)iiall money, contracts, leases, property, and obligations of the Texas Cosmetology Commission related to Chapter 1602, Occupations Code, are transferred to the Texas Department of Licensing and Regulation;
(6)iiall property in the custody of the Texas Cosmetology Commission related to Chapter 1602, Occupations Code, is transferred to the Texas Department of Licensing and Regulation; and
(7)iithe unexpended and unobligated balance of any money appropriated by the legislature for the Texas Cosmetology Commission related to Chapter 1602, Occupations Code, is transferred to the Texas Department of Licensing and Regulation.
SECTION 32.05. Not later than November 1, 2003, the governor shall appoint the advisory committee required by Section 1602.006, Occupations Code, as added by this Act.
ARTICLE 33. TRANSFER OF THE CHAPTER 1201, OCCUPATIONS CODE POWERS AND DUTIES OF THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS TO TEXAS DEPARTMENT OF LICENSING AND REGULATION
SECTIONi33.01.iiSection 1201.003(7), Occupations Code, is amended to read as follows:
(7)"Department" means the Texas Department of Licensing and
Regulation [Housing and Community Affairs].
SECTIONi33.02.iiSubchapter A, Chapter 1201, Occupations Code, is amended by adding Section 1201.009 to read as follows:
Sec.i1201.009.iiADVISORY COMMITTEE. The governor shall appoint an advisory committee of seven persons to advise the department in administering this chapter.
SECTIONi33.03.iiOn September 1, 2003:
(1)iiall functions and activities relating to Chapter 1201, Occupations Code, performed by the Texas Department of Housing and Community Affairs immediately before that date are transferred to the Texas Department of Licensing and Regulation;
(2)iia rule or form adopted by the Texas Department of Housing and Community Affairs that relates to Chapter 1201, Occupations Code, is a rule or form of the Texas Department of Licensing and Regulation and remains in effect until amended or replaced by that department;
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(3)iia reference in law or an administrative rule to the Texas Department of Housing and Community Affairs that relates to Chapter 1201, Occupations Code, means the Texas Department of Licensing and Regulation;
(4)iia complaint, investigation, or other proceeding before the Texas Department of Housing and Community Affairs that is related to Chapter 1201, Occupations Code, is transferred without change in status to the Texas Department of Licensing and Regulation, and the Texas Department of Licensing and Regulation assumes, as appropriate and without a change in status, the position of the Texas Department of Housing and Community Affairs in an action or proceeding to which the Texas Department of Housing and Community Affairs is a party;
(5)iiall money, contracts, leases, property, and obligations of the Texas Department of Housing and Community Affairs related to Chapter 1201, Occupations Code, are transferred to the Texas Department of Licensing and Regulation;
(6)iiall property in the custody of the Texas Department of Housing and Community Affairs related to Chapter 1201, Occupations Code, is transferred to the Texas Department of Licensing and Regulation; and
(7)iithe unexpended and unobligated balance of any money appropriated by the legislature for the Texas Department of Housing and Community Affairs related to Chapter 1201, Occupations Code, is transferred to the Texas Department of Licensing and Regulation.
SECTIONi33.04.iiNot later than November 1, 2003, the governor shall appoint the advisory committee required by Section 1201.009, Occupations Code, as added by this Act.
ARTICLE 34. ABOLITION OF THE STATE BOARD OF BARBER EXAMINERS AND TRANSFER OF POWERS AND DUTIES TO TEXAS DEPARTMENT OF LICENSING AND REGULATION
SECTION 34.01 Section 1601.001, Occupations Code, is amended by adding Subdivision (4-a) to read as follows:
(4-a) "Department" means the Texas Department of Licensing and Regulation.
SECTIONi34.02.iiSubchapter A, Chapter 1601, Occupations Code, is amended by adding Sections 1601.005 and 1601.006 to read as follows:
Sec.i1601.005.iiTEXAS DEPARTMENT OF LICENSING AND REGULATION. (a) The department shall administer this chapter. If in administering this chapter there is a conflict between a provision of this chapter and a provision of Chapter 51, the provision of Chapter 51 controls.
(b)iiA reference in this chapter to the board or a reference in other law to the State Board of Barber Examiners means the department.
Sec.i1601.006.iiADVISORY COMMITTEE. The governor shall appoint an advisory committee of seven persons to advise the department in administering this chapter.
SECTIONi34.03.iiOn September 1, 2003, the following laws are repealed:
(1)iiSections 1601.001(3), 1601.004, and 1601.153, Occupations Code; and
3154 78th LEGISLATURE — REGULAR SESSION
(2)iiSubchapters B, C, and E, Chapter 1601, Occupations Code.
SECTIONi34.04.iiOn September 1, 2003:
(1) all functions and activities relating to Chapter 1601, Occupations Code, performed by the State Board of Barber Examiners immediately before that date are transferred to the Texas Department of Licensing and Regulation;
(2)iia rule or form adopted by the State Board of Barber Examiners that relates to Chapter 1601, Occupations Code, is a rule or form of the Texas Department of Licensing and Regulation and remains in effect until amended or replaced by that department;
(3)iia reference in law or an administrative rule to the State Board of Barber Examiners that relates to Chapter 1601, Occupations Code, means the Texas Department of Licensing and Regulation;
(4)iia complaint, investigation, or other proceeding before the State Board of Barber Examiners that is related to Chapter 1601, Occupations Code, is transferred without change in status to the Texas Department of Licensing and Regulation, and the Texas Department of Licensing and Regulation assumes, as appropriate and without a change in status, the position of the State Board of Barber Examiners in an action or proceeding to which the State Board of Barber Examiners is a party;
(5)iiall money, contracts, leases, property, and obligations of the State Board of Barber Examiners related to Chapter 1601, Occupations Code, are transferred to the Texas Department of Licensing and Regulation;
(6)iiall property in the custody of the State Board of Barber Examiners related to Chapter 1601, Occupations Code, is transferred to the Texas Department of Licensing and Regulation; and
(7)iithe unexpended and unobligated balance of any money appropriated by the legislature for the State Board of Barber Examiners related to Chapter 1601, Occupations Code, is transferred to the Texas Department of Licensing and Regulation.
SECTIONi34.05.iiNot later than November 1, 2003, the governor shall appoint the advisory committee required by Section 1601.006, Occupations Code, as added by this Act.
ARTICLE 35. ABOLITION OF THE TEXAS BOARD OF PROFESSIONAL LAND SURVEYING AND TRANSFER OF POWERS AND DUTIES TO TEXAS DEPARTMENT OF LICENSING AND REGULATION
SECTION 35.01 Section 1071.002, Occupations Code, is amended by adding Subdivision (3-a) to read as follows:
(3-a) "Department" means the Texas Department of Licensing and Regulation.
SECTIONi35.02.iiSubchapter A, Chapter 1071, Occupations Code, is amended by adding Sections 1071.005 and 1071.006 to read as follows:
Sec.i1071.005.iiTEXAS DEPARTMENT OF LICENSING AND REGULATION. (a) The department shall administer this chapter. If in administering this chapter there is a conflict between a provision of this chapter and a provision of Chapter 51, the provision of Chapter 51 controls.
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(b)iiA reference in this chapter to the board or a reference in other law to the Texas Board of Professional Land Surveyors means the department.
Sec.i1071.006.iiADVISORY COMMITTEE. The governor shall appoint an advisory committee of seven persons to advise the department in administering this chapter.
SECTIONi35.03.iiOn September 1, 2003, the following laws are repealed:
(1)iiSections 1071.002(1) and 1071.003, Occupations Code; and
(2)iiSubchapters B, C, and E, Chapter 1071, Occupations Code.
SECTIONi35.04.iiOn September 1, 2003:
(1) all functions and activities relating to Chapter 1071, Occupations Code, performed by the Texas Board of Professional Land Surveying immediately before that date are transferred to the Texas Department of Licensing and Regulation;
(2)iia rule or form adopted by the Texas Board of Professional Land Surveying that relates to Chapter 1071, Occupations Code, is a rule or form of the Texas Department of Licensing and Regulation and remains in effect until amended or replaced by that department;
(3)iia reference in law or an administrative rule to the Texas Board of Professional Land Surveying that relates to Chapter 1071, Occupations Code, means the Texas Department of Licensing and Regulation;
(4)iia complaint, investigation, or other proceeding before the Texas Board of Professional Land Surveying that is related to Chapter 1071, Occupations Code, is transferred without change in status to the Texas Department of Licensing and Regulation, and the Texas Department of Licensing and Regulation assumes, as appropriate and without a change in status, the position of the Texas Board of Professional Land Surveying in an action or proceeding to which the Texas Board of Professional Land Surveying is a party;
(5)iiall money, contracts, leases, property, and obligations of the Texas Board of Professional Land Surveying related to Chapter 1071, Occupations Code, are transferred to the Texas Department of Licensing and Regulation;
(6)iiall property in the custody of the Texas Board of Professional Land Surveying related to Chapter 1071, Occupations Code, is transferred to the Texas Department of Licensing and Regulation; and
(7)iithe unexpended and unobligated balance of any money appropriated by the legislature for the Texas Board of Professional Land Surveying related to Chapter 1071, Occupations Code, is transferred to the Texas Department of Licensing and Regulation.
SECTIONi35.05.iiNot later than November 1, 2003, the governor shall appoint the advisory committee required by Section 1071.006, Occupations Code, as added by this Act.
ARTICLE 36. ABOLITION OF THE TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS AND TRANSFER OF POWERS AND DUTIES TO TEXAS DEPARTMENT OF LICENSING AND REGULATION
SECTION 36.01 Section 1.02(1), Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes), is amended to read as follows:
3156 78th LEGISLATURE — REGULAR SESSION
(1) "Department" ["Board"] means the Texas Department of Licensing
and Regulation [Board of Professional Geoscientists].
SECTION 36.01 Section 1.02(1), Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes), is amended to read as follows:
(1) "Department" ["Board"] means the Texas Department of Licensing
and Regulation [Board of Professional Geoscientists].
SECTIONi36.02.iiSubchapter A, Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes), is amended by adding Sections 1.05 and 1.06 to read as follows:
Sec.i1.05.iiTEXAS DEPARTMENT OF LICENSING AND REGULATION. (a) The department shall administer this Act. If in administering this Act there is a conflict between a provision of this Act and a provision of Chapter 51, the provision of Chapter 51 controls.
(b)iiA reference in this Act to the board or a reference in other law to the Texas Board of Professional Geoscientists means the department.
Sec.i1.06.iiADVISORY COMMITTEE. The governor shall appoint an advisory committee of seven persons to advise the department in administering this Act.
SECTIONi36.03.iiOn September 1, 2003, the following laws are repealed:
(1)iiSections 1.03, 3.01, 3.02(a), 3.03, 3.04, 3.05, and 3.06, Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes); and
(2)iiSubchapters B and E, Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes).
SECTIONi36.04.iiOn September 1, 2003:
(1)iiall functions and activities relating to the Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes), performed by the Texas Board of Professional Geoscientists immediately before that date are transferred to the Texas Department of Licensing and Regulation;
(2)iia rule or form adopted by the Texas Board of Professional Geoscientists that relates to the Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes), is a rule or form of the Texas Department of Licensing and Regulation and remains in effect until amended or replaced by that department;
(3)iia reference in law or an administrative rule to the Texas Board of Professional Geoscientists that relates to the Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes), means the Texas Department of Licensing and Regulation;
(4)iia complaint, investigation, or other proceeding before the Texas Board of Professional Geoscientists that is related to the Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes), is transferred without change in status to the Texas Department of Licensing and Regulation, and the Texas Department of Licensing and Regulation assumes, as appropriate and without a change in status, the position of the Texas Board of Professional Geoscientists in an action or proceeding to which the Texas Board of Professional Geoscientists is a party;
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(5)iiall money, contracts, leases, property, and obligations of the Texas Board of Professional Geoscientists related to the Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes), are transferred to the Texas Department of Licensing and Regulation;
(6)iiall property in the custody of the Texas Board of Professional Geoscientists related to the Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes), is transferred to the Texas Department of Licensing and Regulation; and
(7)iithe unexpended and unobligated balance of any money appropriated by the legislature for the Texas Board of Professional Geoscientists related to the Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes), is transferred to the Texas Department of Licensing and Regulation.
SECTIONi36.05.iiNot later than November 1, 2003, the governor shall appoint the advisory committee required by Section 1.06, Texas Geoscience Practice Act (Article 3271b, Vernon's Texas Civil Statutes), as added by this Act.
Amendment No. 24
Representative Hardcastle offered the following amendment to Amendment No.i23:
Amend the Allen Amendment to CSSB 279 by striking ARTICLE 33 of the amendment (page 12, line 6 through page 14, line 8).
Amendment No. 24 was adopted without objection.
Amendment No. 23, as amended, was adopted without objection.
CSSB 279, as amended, was passed to third reading.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
CSSB 501 ON SECOND READING
(Hupp - House Sponsor)
CSSB 501, A bill to be entitled An Act relating to the places where weapons are prohibited and to the application of criminal trespass laws to persons licensed to carry a concealed handgun.
CSSB 501 was read second time on May 10, postponed until 10 a.m. today, and was again postponed until 2 p.m. today.
Amendment No. 1
Representative Turner offered the following amendment to CSSBi501:
Amend SECTION 3 by adding a new "(7)" to Section 46.03(a), Penal Code, to read as follows:
"(7) on the premises of a city hall."
Representative Hupp moved to table Amendment No. 1.
The motion to table prevailed.
A record vote was requested.
3158 78th LEGISLATURE — REGULAR SESSION
CSSB 501 was passed to third reading by (Record 627): 122 Yeas, 21 Nays, 1 Present, not voting.
Yeas — Allen; Bailey; Baxter(C); Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Canales; Capelo; Casteel; Chavez; Chisum; Christian; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Deshotel; Driver; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Ellis; Farabee; Flores; Flynn; Gattis; Geren; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Heflin; Hegar; Hilderbran; Hill; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Jones, E.; Keel; Keffer, B.; Keffer, J.; King; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Mabry; Madden; Marchant; McCall; McClendon; McReynolds; Menendez; Mercer; Merritt; Miller; Morrison; Mowery; Nixon; Noriega; Paxton; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna; Riddle; Ritter; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solis; Solomons; Stick; Swinford; Talton; Taylor; Telford; Thompson; Truitt; Van Arsdale; Villarreal; West; Wilson; Wise; Wohlgemuth; Wolens; Wong; Woolley; Zedler.
Nays — Alonzo; Burnam; Castro; Coleman; Davis, Y.; Dukes; Escobar; Farrar; Hochberg; Jones, J.; Lewis; Luna; Martinez Fischer; Moreno, J.; Moreno, P.; Naishtat; Olivo; Peña; Rodriguez; Turner; Uresti.
Present, not voting — Mr. Speaker.
Absent, Excused — Gutierrez; Oliveira.
Absent — Gallego; Garza; Giddings; Hodge.
STATEMENTS OF VOTE
When Record No. 627 was taken, I was temporarily out of the house chamber. I would have voted no.
Giddings
I was shown voting no on Record No. 627. I intended to vote yes.
Peña
GENERAL STATE CALENDAR
SENATE BILLS
SECOND READING
The following bills were laid before the house and read second time:
SB 146 ON SECOND READING
(Phillips - House Sponsor)
SB 146, A bill to be entitled An Act relating to procedural and registration requirements for certain sex offenders who seek to change their names.
Amendment No. 1
Representative Phillips offered the following amendment to SBi146:
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Amend SB 146 (house committee printing) by adding the following appropriately numbered SECTIONS to the bill and by renumbering existing SECTIONS of the bill accordingly:
SECTION ____. Section 19, Article 42.12, Code of Criminal Procedure, is amended by amending Subsection (g) and adding Subsection (h) to read as follows:
(g) If the judge places on community supervision a person required to
register as a sex offender under Chapter 62, the judge shall require as a condition
of community supervision that the person pay to the person's supervising officer
an amount equal to [a fee that equals] the [actual] cost, as evidenced by written
receipt, incurred by [to] the applicable local law enforcement authority for
providing notice for publication to a newspaper as required by Chapter 62. A
political subdivision served by the local law enforcement authority may bill any
unpaid amount, identified separately, within a bill for a utility service provided by
the political subdivision to the person and may suspend service of the utility to a
person who is delinquent in payment of the amount until the delinquent claim is
fully paid to the political subdivision. A community supervision and corrections
department or political subdivision, as applicable, shall remit an amount [fees]
collected under this subsection to the applicable local law enforcement authority
[to reimburse the authority for the actual cost incurred by the authority, as
evidenced by written receipt, for providing notice for publication to a newspaper
as required by Chapter 62]. In this subsection, "utility service" means water,
wastewater, sewer, gas, garbage, electricity, or drainage service.
(h) In a community supervision revocation hearing at which it is alleged
only that the person violated the terms of community supervision by failing to
make a payment under Subsection (g) [this subsection], the inability of the person
to pay as ordered by the judge is an affirmative defense to revocation, which the
person must prove by a preponderance of the evidence.
SECTION ____. Section 2(b), Article 42.22, Code of Criminal Procedure, is amended to read as follows:
(b) The state also has a restitution lien to secure the:
(1) amount of fines or costs entered against a defendant in the judgment in a felony criminal case;
(2) amount of reimbursement for costs of:
(A) confinement ordered under Article 42.038; or
(B) notice provided under Article 62.03 or 62.04; and
(3) amount of damages incurred by the state as a result of the commission of an offense under Section 38.04, Penal Code, in which the defendant used a motor vehicle while the defendant was in flight.
SECTION _____. Chapter 62, Code of Criminal Procedure, is amended by adding Article 62.041 to read as follows:
Art. 62.041. AUTHORITY OF POLITICAL SUBDIVISION TO COLLECT COSTS OF CERTAIN NOTICE. (a) In this article, "utility service" means water, wastewater, sewer, gas, garbage, electricity, or drainage service.
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(b) A political subdivision served by a local law enforcement authority obtaining publication of notice under Article 62.03 or 62.04 may bill any unpaid amount under that article, identified separately, within a bill for a utility service provided by the political subdivision to the person who is the subject of the notice, and may suspend service of the utility to a person who is delinquent in payment of the amount until the delinquent claim is fully paid to the political subdivision.
(c) The political subdivision shall remit an amount collected under this article to the local law enforcement authority.
SECTION _____. Section 508.186, Government Code, is amended by adding Subsection (a-1) and amending Subsection (b) to read as follows:
(a-1) A political subdivision served by the local law enforcement authority may bill any unpaid amount under Subsection (a)(2), identified separately, within a bill for a utility service provided by the political subdivision to the releasee and may suspend service of the utility to a releasee who is delinquent in payment of the amount until the delinquent claim is fully paid to the political subdivision. In this subsection, "utility service" means water, wastewater, sewer, gas, garbage, electricity, or drainage service.
(b) The division or political subdivision, as applicable, shall remit an amount collected under this section to the applicable local law enforcement authority.
Amendment No. 1 was adopted without objection.
SB 146, as amended, was passed to third reading.
SB 165 ON SECOND READING
(J. Jones and E. Jones - House Sponsors)
SB 165, A bill to be entitled An Act relating to the authority of certain law enforcement agencies to remove certain personal property from a roadway or right-of-way.
Amendment No. 1
Representatives J. Jones and E. Jones offered the following amendment to SBi165:
Amend SB 165 as follows:
(1)iiOn page 1, line 7, strike "AUTHORITY TO REMOVE" and substitute "REMOVAL OF".
(2)iiOn page 1, between lines 8 and 9, insert:
(1)ii"Authority" means:
(A)iia metropolitan rapid transit authority operating under Chapter 451; or
(B)iia regional transportation authority operating under Chapter 452.
(3)iiOn page 1, line 9, strike "(1)" and substitute "(2)".
(4)iiOn page 1, line 14, strike "(2)" and substitute "(3)".
(5)iiOn page 1, line 21, strike "A" and substitute "An authority or a".
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(6)iiOn page 1, line 22, between "if the" and "agency", insert "authority or law enforcement".
(7)iiOn page 2, line 3, between "reimburse the" and "law enforcement agency", insert "authority or".
(8)iiOn page 2, line 5, between "provision of law," and "a law", insert "an authority or".
Amendment No. 1 was adopted without objection.
SB 165, as amended, was passed to third reading.
SB 235 ON SECOND READING
(McCall - House Sponsor)
SB 235, A bill to be entitled An Act relating to a receipt or other document issued for payment by credit or debit card; providing a civil penalty.
SB 235 was passed to third reading.
SB 404 ON SECOND READING
(Mercer, Menendez, McClendon, Villarreal,
Martinez Fischer, et al. - House Sponsors)
SB 404, A bill to be entitled An Act relating to advanced transportation districts.
SB 404 was passed to third reading.
SB 710 ON SECOND READING
(Eiland - House Sponsor)
SB 710, A bill to be entitled An Act relating to the share of the cost of a coastal erosion study or project required to be paid by a qualified project partner under an agreement with the commissioner of the General Land Office.
SB 710 was passed to third reading.
SB 729 ON SECOND READING
(Hopson - House Sponsor)
SB 729, A bill to be entitled An Act relating to the elements of the offense of harassment by persons in certain correctional facilities.
SB 729 was passed to third reading.
CSSB 917 ON SECOND READING
(Talton - House Sponsor)
CSSB 917, A bill to be entitled An Act relating to the time during which inmates may be considered for release on parole.
CSSB 917 was passed to third reading.
3162 78th LEGISLATURE — REGULAR SESSION
SB 1021 ON SECOND READING
(Lewis - House Sponsor)
SB 1021, A bill to be entitled An Act relating to emergency services districts and the conversion of all rural fire prevention districts to emergency services districts.
SB 1021 was passed to third reading.
SB 1145 ON SECOND READING
(Uresti - House Sponsor)
SB 1145, A bill to be entitled An Act relating to programs in certain counties to divert certain persons with mental health disorders or mental retardation from incarceration to appropriate services.
SB 1145 was passed to third reading.
CSSB 1271 ON SECOND READING
(West and King - House Sponsors)
CSSB 1271, A bill to be entitled An Act relating to incentives to encourage gas utilities to invest in new infrastructure.
Amendment No. 1
Representative West offered the following amendment to CSSBi1271:
Amend CSSB 1271 in Section 104.301(j), Utilities Code, as added by SECTION 1 of the bill (House Committee Printing, page 4, lines 18-20), by striking "shall annually pay to the railroad commission the utility's proportionate share of the railroad commisson's incremental costs" and substitute "shall reimburse the railroad commission the utility's proportionate share of the railroad commission's costs".
Amendment No. 1 was adopted without objection.
CSSB 1271, as amended, was passed to third reading.
SB 1317 ON SECOND READING
(Uresti, Capelo, McReynolds, Taylor, Noriega, et al. - House Sponsors)
SB 1317, A bill to be entitled An Act relating to the regulation of tattooists, persons who perform body piercing, tattoo studios, and certain body piercing studios; providing criminal penalties.
Amendment No. 1
Representative Solis offered the following amendment to SBi1317:
Amend SB 1317 in Section 3 of the bill, in added Section 146.0041(b), Health and Safety Code (page 2, line 25, house committee report), by striking "The department shall refuse" and substituting "The department may refuse".
Amendment No. 1 was adopted without objection.
Amendment No. 2
Representative Hartnett offered the following amendment to SBi1317:
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Amend SB 1317 by adding the following appropriately numbered SECTION and renumbering subsequent SECTIONS of the bill accordingly:
SECTION __. Chapter 146, Health and Safety Code, is amended by adding Section 146.0126 to read as follows:
Sec.i146.0126.iiTONGUE SPLITTING PROHIBITED. (a) For purposes of this section, "tongue splitting" means cutting a human tongue into two or more parts.
(b)iiperson may not perform tongue splitting.
Amendment No. 2 was adopted without objection.
SB 1317, as amended, was passed to third reading.
RESOLUTIONS CALENDAR
The chair laid before the house the following resolutions on committee report:
HCRi101
(by Capelo)
HCRi101, Requesting that Congress enact a Medicare prescription drug benefit.
HCRi101 was adopted.
HCRi194
(by Miller)
HCRi194, Memorializing Congress to limit the appellate jurisdiction of the federal courts regarding the recitation of the Pledge of Allegiance in public schools.
Representative Callegari moved to postpone consideration of HCRi194 until 10 a.m. Monday, May 19.
The motion prevailed without objection.
HCR 199
(by Gutierrez)
HCRi199, Requesting that Congress enact legislation to define the political status options available to U.S. citizens of Puerto Rico.
Representative Harper-Brown moved to postpone consideration of HCRi199 until 10 a.m. Monday, May 19.
The motion prevailed without objection.
CSHR 570i(by Hamric)
CSHRi570, Electing the children of house members to the office of mascot.
WHEREAS, It has long been the custom of the House of Representatives of the State of Texas to honor the children of its members by electing them to the office of mascot; and
WHEREAS, A roster of mascot candidates eligible for this special recognition under the rules of this house has been compiled; now, therefore, be it
3164 78th LEGISLATURE — REGULAR SESSION
RESOLVED, That the House of Representatives of the 78th Texas Legislature hereby elect the following children of house members to the honorary office of mascot:
Jose Maria Emeterio Alonzo, son of Representative Roberto Alonzo;
Claire Elizabeth Baxter, daughter of Representative Todd Baxter;
Sarah Jeane Branch and Charles Victor Branch, children of Representative Dan Branch;
Katie Cook, daughter of Representative Byron Cook;
Jeremy Dutton, son of Representative Harold Dutton;
Delaney Paige Eiland and William Gray Eiland, children of Representative Craig Eiland;
Ariana Maleny Garza, daughter of Representative Timoteo Garza;
Winston Harrison Hartnett, son of Representative Will Hartnett;
Carolyn Reagan Hilderbran, daughter of Representative Harvey Hilderbran;
Hayden Joseph Homer, son of Representative Mark Homer;
Caroline Keffer and Doug Keffer, children of Representative Bill Keffer;
Jacob Robert Kolkhorst, son of Representative Lois Kolkhorst;
Dominic Michael Newman-Menendez and Victoria Elise Newman-Menendez, children of Representative Jose Menendez;
Sarah Elisabeth Mercer and Rebekah Katherine Mercer, daughters of Representative Ken Mercer;
Tucker Allen Paxton, Abigail Elizabeth Paxton, Madison Lee Paxton, and Katherine Lillian Paxton, children of Representative Ken Paxton;
Alyssa Victoria Peña and Michael Anthony Peña, children of Representative Aaron Peña;
Sidney Augustine Phillips, Henry Robert Phillips, and Meribeth Lynn Phillips, children of Representative Larry Phillips;
Carly Leanne Taylor and Jacob Dylan Taylor, children of Representative Larry Taylor;
Madeleine Van Arsdale, Brooks Van Arsdale, and Dawn Van Arsdale, children of Representative Corbin Van Arsdale; and, be it further
RESOLVED, That pictures of the mascots appear on the picture panel of the Texas House of Representatives and that an official certificate be prepared for each mascot as a memento of this honor.
CSHR 570 was adopted without objection.
HR 571
(by Hamric)
HR 571, Designating the grandchildren of house members as honorary mascots.
WHEREAS, It has long been the custom of the House of Representatives of the State of Texas to honor the children of its members by electing them to the office of mascot; and
WHEREAS, Since 1983, the house of representatives has also bestowed special recognition on the grandchildren of its members by naming them the honorary mascots of this house; and
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3165
WHEREAS, A roster of members' grandchildren has been compiled for this special designation; now, therefore, be it
RESOLVED, That the House of Representatives of the 78th Texas Legislature hereby designate the following grandchildren of house members as honorary mascots:
Meredith Faith Pogue, granddaughter of Representative Betty Brown;
Catherine Carter Land and Cynthia Morrigon Land, granddaughters of Representative Carter Casteel;
Averie Faith Boyd, granddaughter of Representative Gary Elkins;
Whitney Ray Flynn, Keeley Reagan Flynn, and Josh Blake Flynn II, grandchildren of Representative Dan Flynn;
Erin Griggs and Lexi Griggs, grandchildren of Representative Bob Griggs;
Samuel Stephen Evans and Brady Jackson Hill, grandchildren of Representative Fred Hill;
Ryann Ella Grace Lilley, granddaughter of Representative Chuck Hopson;
Ansley Rivers Drenner, granddaughter of Representative Charlie Howard;
Joseph Immanuel Jones and Orion David McGowen, grandsons of Representative Jesse Jones;
Cody Madden, Logan Madden, Samantha Barzellone, and Alisa Barzellone, grandchildren of Representative Jerry Madden;
Aquiles Jaime Garza, Jr., Chelsea Nicole Peña, and Aaron Christian Garza, grandchildren of Representative Aaron Peña;
Daniel Padilla, Jr., Brandyn Flores, Jr., Brittany Padilla, and Jarrett Flores, grandchildren of Representative Chente Quintanilla;
Christian Gabriel Reyna, Evan Samuel Reyna, Jonathan Benjamin Cuff, Judie Angel Cuff, Carlie Elisa Cuff, and Chloe Elvira Cuff, grandchildren of Representative Elvira Reyna;
Jenna Craig and Jami Craig, granddaughters of Representative Wayne Smith;
Christie Marie Bates and William David Bates, grandchildren of Representative David Swinford;
Landon West Satterwhite, grandchild of Representative Buddy West;
Nicholas Ben Wong, Stephanie Sarah Chew, Michael Eugenio Chew, and Lauren Grace Chew, grandchildren of Representative Martha Wong;
Anna Belle Rose, granddaughter of Representative Bill Zedler; and, be it further
RESOLVED, That the names of the honorary mascots and their grandparents be placed on the picture panel of the House of Representatives of the 78th Texas Legislature; and, be it further
RESOLVED, That an official copy of this resolution be prepared for each honorary mascot as a memento of this honor.
Amendment No. 1
Representative Crabb offered the following amendment to HRi571:
Amend HR 571 on page 1, between lines 15 and 16, by inserting the following:
3166 78th LEGISLATURE — REGULAR SESSION
John Arthur Crabb and Ethan James Crabb, grandsons of Representative Joe Crabb;
Amendment No. 1 was adopted without objection.
HR 571, as amended, was adopted without objection.
HR 680
(by Hamric)
HR 680, Granting the American Legion permission to use the house chamber for its Boys State program June 13, 2003.
(Speaker in the chair)
HR 680 was adopted without objection.
HR 526
(by Elkins)
HR 526, Relating to a U.S. constitutional amendment to prohibit courts from mandating states or political subdivisions to levy or increase taxes.
HR 526 was adopted without objection.
HB 1564 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Truitt called up with senate amendments for consideration at this time,
HB 1564, A bill to be entitled An Act relating to the use of municipal funds for the acquisition of land or acquisition, construction, expansion, or renovation of facilities for an open-enrollment charter school.
On motion of Representative Truitt, the house concurred in the senate amendments to HB 1564 by (Record 628): 144 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Bailey; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Campbell; Canales; Capelo; Casteel; Castro; Chavez; Chisum; Christian; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Ellis; Escobar; Farabee; Farrar; Flores; Flynn; Gallego; Garza; Gattis; Geren; Giddings; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Heflin; Hegar; Hilderbran; Hill; Hochberg; Hodge; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Jones, E.; Jones, J.; Keel; Keffer, B.; Keffer, J.; King; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Lewis; Luna; Mabry; Madden; Marchant; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Mercer; Merritt; Miller; Moreno, J.; Morrison; Mowery; Naishtat; Nixon; Noriega; Olivo; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna; Rodriguez; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solis; Solomons;
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3167
Present, not voting — Mr. Speaker(C).
Absent, Excused — Gutierrez; Oliveira.
Absent — Moreno, P.; Riddle; Ritter.
Senate Committee Substitute
HB 1564, A bill to be entitled An Act relating to the use of municipal funds for the acquisition of land or acquisition, construction, expansion, or renovation of facilities for an open-enrollment charter school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 12.101(a), Education Code, is amended to read as follows:
(a)iiIn accordance with this subchapter, the State Board of Education may grant a charter on the application of an eligible entity for an open-enrollment charter school to operate in a facility of a commercial or nonprofit entity, an eligible entity, or a school district, including a home-rule school district. In this subsection, "eligible entity" means:
(1)iian institution of higher education as defined under Section 61.003;
(2)iia private or independent institution of higher education as defined under Section 61.003;
(3)iian organization that is exempt from taxation under Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)); or
(4)iia governmental entity.
SECTIONi2.iiSubchapter D, Chapter 12, Education Code, is amended by adding Section 12.131 to read as follows:
Sec.i12.131.iiUSE OF MUNICIPAL FUNDS FOR CHARTER SCHOOL LAND OR FACILITIES. A municipality to which a charter is granted under this subchapter may borrow funds, issue obligations, or otherwise spend its funds to acquire land or acquire, construct, expand, or renovate school buildings or facilities and related improvements for its open-enrollment charter school within the city limits of the municipality in the same manner the municipality is authorized to borrow funds, issue obligations, or otherwise spend its funds in connection with any other public works project.
SECTIONi3.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.
HR 1217 - ADOPTED
(by Woolley)
Representative Woolley moved to suspend all necessary rules to take up and consider at this time HRi1217.
The motion prevailed without objection.
3168 78th LEGISLATURE — REGULAR SESSION
The following resolution was laid before the house:
HR 1217, Honoring Amy Beth Ehlert of Brenham on her college graduation.
HR 1217 was adopted without objection.
HR 1218 - ADOPTED
(by Woolley)
Representative Woolley moved to suspend all necessary rules to take up and consider at this time HRi1218.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1218, Honoring Lindsey Delise Thomas of Houston on her college graduation.
HR 1218 was adopted without objection.
HB 2922 - PRINTING RULE SUSPENDED
Representative Elkins moved to suspend House Rule 2, Section 1(a)(9) to permit HB 2922 to be passed to third reading in the form of engrossed amendments in lieu of a full engrossment.
The motion prevailed without objection.
HR 571 - VOTE RECONSIDERED
Representative Hamric moved to reconsider the vote by which HR 571 was adopted.
The motion to reconsider prevailed.
Amendment No. 2
Representative Hodge offered the following amendment to HRi571:
Amend HR 571 on page 1, between lines 15 and 16, by inserting the following:
Nadia McCoy-Hodge, granddaughter of Representative Terri Hodge;
Amendment No. 2 was adopted without objection.
HR 571, as amended, was adopted without objection.
CONSTITUTIONAL RULE SUSPENDED
On motion of Representative E. Jones and by unanimous consent, the constitutional rule requiring bills to be read on three several days was suspended to place all bills on the major and general state calendars on third reading and final passage.
MAJOR AND GENERAL STATE CALENDARS
SENATE BILLS
THIRD READING
The following bills were laid before the house and read third time:
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3169
SB 165 ON THIRD READING
(J. Jones and E. Jones - House Sponsors)
SB 165, A bill to be entitled An Act relating to the authority of certain law enforcement agencies to remove certain personal property from a roadway or right-of-way.
Amendment No. 1
Representative Lewis offered the following amendment to SBi165:
Amend SB 165 on third reading on page 2, between lines 11 and 12, by inserting the following:
(f)iiThe fire department of a county or municipality may remove personal property described by Subsection (a)(2)(C) or (D) from a roadway or right-of-way if the fire department determines that the property blocks the roadway or endangers public safety.
(g)iiPersonal property may be removed under Subsection (f) without the consent of the owner or carrier of the property. The owner and any carrier of personal property removed under that subsection shall reimburse the fire department for any reasonable cost of removal and disposition of the property.
(h)iiNotwithstanding any other provision of law, a fire department is not liable for:
(1)iiany damage to personal property removed from a roadway or right-of-way under Subsection (f), unless the removal is carried out recklessly or in a grossly negligent manner; or
(2)iiany damage resulting from the failure to exercise the authority granted to the fire department by Subsection (f).
Amendment No. 1 was withdrawn.
A record vote was requested.
SB 165 was passed by (Record 629): 147 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Bailey; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Campbell; Canales; Capelo; Casteel; Castro; Chavez; Chisum; Christian; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Ellis; Escobar; Farabee; Farrar; Flores; Flynn; Gallego; Garza; Gattis; Geren; Giddings; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Heflin; Hegar; Hilderbran; Hill; Hochberg; Hodge; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Jones, E.; Jones, J.; Keel; Keffer, B.; Keffer, J.; King; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Lewis; Luna; Mabry; Madden; Marchant; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Mercer; Merritt; Miller; Moreno, J.; Moreno, P.; Morrison; Mowery; Naishtat; Nixon; Noriega; Olivo; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna; Riddle; Ritter; Rodriguez; Rose; Seaman; Smith, T.; Smith,
3170 78th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker(C).
Absent, Excused — Gutierrez; Oliveira.
MOTION FOR ONE RECORD VOTE
On motion of Representative Chisum and by unanimous consent, the house agreed to use the record vote taken on third reading and final passage of SB 165 (Record 629) for third reading bills that require a record vote, with the understanding that a member may record an individual vote on any of these bills with the journal clerk.
The following bills which were considered on second reading on today's supplemental calendar were laid before the house, read third time, and passed by Record No. 629 (members registering votes and the results of the vote are shown following bill number):
SB 404
SB 917
The following bills which were considered on second reading on today's supplemental calendar were laid before the house, read third time, and passed by a voice vote (members registering votes are shown following bill number):
SB 486
SB 275
SB 281
SB 279
SB 501 (Rodriguez recorded voting no)
SB 146
SB 235
SB 710
SB 729
SB 1021
SB 1145
SB 1271
SB 1317
COMMITTEE GRANTED PERMISSION TO MEET
Representative Woolley requested permission for the Committee on Calendars to meet while the house is in session.
Permission to meet was granted without objection.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3171
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Calendars, during bill referral today, speakers committee room, for a formal meeting.
FIVE DAY POSTING RULE SUSPENDED
Representative Lewis moved to suspend the five day posting rule to allow the Committee on County Affairs to consider SB 1303 and SB 1885.
The motion prevailed without objection.
COMMITTEE MEETING ANNOUNCEMENTS
The following committee meetings were announced:
County Affairs, 8 a.m. Monday, May 19, JHR 110, for a public hearing, to consider posted bills.
County Affairs, upon adjournment today, Desk 8, for a formal meeting, to consider pending business.
Criminal Jurisprudence, upon adjournment today, Desk 59, for a formal meeting, to consider SB 45, SB 140, SB 191, SB 443, SB 782, SB 802, SB 837, SB 1129, and SB 1835.
Judicial Affairs, upon adjournment today, Desk 70, for a formal meeting.
PROVIDING FOR ADJOURNMENT
Representative Grusendorf moved that, at the conclusion of the reading of bills and resolutions on first reading and referral to committees, the house adjourn until 10 a.m. Monday, May 19.
The motion prevailed without objection.
BILLS AND JOINT RESOLUTIONS ON FIRST READING
AND REFERRAL TO COMMITTEES
RESOLUTIONS REFERRED TO COMMITTEES
CORRECTIONS IN REFERRAL
Bills and joint resolutions were at this time laid before the house, read first time, and referred to committees. Resolutions were at this time laid before the house and referred to committees. Pursuant to Rule 1, Section 4 of the House Rules, the chair at this time corrected the referral of measures to committees. (See the addendum to the daily journal, Referred to Committees, List No. 1.)
(Oliveira now present)
(Rodriguez in the chair)
ADJOURNMENT
In accordance with a previous motion, the house, at 4:10 p.m., adjourned until 10 a.m. Monday, May 19.
3172 78th LEGISLATURE — REGULAR SESSION
AAAAAADDENDUMAAAAA
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
HCR 250 (By Branch), Congratulating Brent and Kindra Franklin of Arlington on the birth of their daughter, Brenna Kathryn Franklin.
To Rules and Resolutions.
HCR 251 (By Smithee), In memory of U.S. Air Force Captain Eric Bruce Das of Amarillo.
To Rules and Resolutions.
HCR 252 (By Corte), Calling a joint session of the legislature to honor all Texans killed during Operation Iraqi Freedom.
To House Administration.
HCR 253 (By Lewis), Honoring track and field legend Jim Hines for his remarkable athletic achievements.
To Rules and Resolutions.
HR 1116 (By Hughes), Honoring Marc Cohen and Patrick Walsh for their heroism in saving the life of a woman suffering from a seizure while driving and congratulating them on their receipt of the ALERT Academy commendation.
To Rules and Resolutions.
HR 1117 (By Luna), In memory of Donald McClure of Flour Bluff.
To Rules and Resolutions.
HR 1128 (By Bohac), Commending Sam and Susan Torn of Camp Ozark for inspiring generations of Texas youth.
To Rules and Resolutions.
HR 1129 (By Hughes), Honoring Charles Everett Dean on his retirement as mayor of Gilmer.
To Rules and Resolutions.
HR 1130 (By Griggs), Honoring Henry Schraub on his retirement as director of fine arts for the Birdville Independent School District.
To Rules and Resolutions.
HR 1131 (By Griggs), Congratulating Georgene Mais on her retirement as director of elementary education for the Birdville Independent School District.
To Rules and Resolutions.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3173
HR 1137 (By Bonnen), In memory of Lee Arthur Wilson, Jr., of Brazoria County.
To Rules and Resolutions.
HR 1138 (By Hegar), Honoring Edwin "Bud" and Mavis Flukinger of Waller on their 50th wedding anniversary.
To Rules and Resolutions.
HR 1139 (By Quintanilla), Honoring Gerald Ames, Tornillo I.S.D. Secondary Teacher of the Year.
To Rules and Resolutions.
HR 1140 (By Quintanilla), Honoring El Paso political activist Gina Rodriguez.
To Rules and Resolutions.
HR 1141 (By Quintanilla), Honoring Jackie Butler, Tornillo ISD Elementary Teacher of the Year.
To Rules and Resolutions.
HR 1142 (By Quintanilla), Congratulating Guillermo "Willie" Gandara on his appointment as president of the Socorro ISD.
To Rules and Resolutions.
HR 1143 (By Quintanilla), Congratulating William and Marie Rutherford of Horizon City on their 54th wedding anniversary.
To Rules and Resolutions.
HR 1144 (By Quintanilla), Congratulating Victoria Elena Pena Spoon on receiving her master's degree from The University of Texas at El Paso.
To Rules and Resolutions.
HR 1145 (By Quintanilla), In memory of Maria Isela Galvan of El Paso.
To Rules and Resolutions.
HR 1146 (By Quintanilla), Congratulating Martha Contreras on her appointment as vice president of the Socorro ISD.
To Rules and Resolutions.
HR 1148 (By Quintanilla), Honoring Sharon Thomas as a 2002-2003 Teacher of the Year for Fabens ISD.
To Rules and Resolutions.
HR 1149 (By Quintanilla), Honoring Laura Avalos as a 2002-2003 Teacher of the Year for Fabens ISD.
To Rules and Resolutions.
HR 1150 (By Quintanilla), Honoring Irma Zepeda as Teacher of the Year 2002-2003 in secondary education at the Clint Independent School District.
To Rules and Resolutions.
HR 1151 (By Quintanilla), Honoring Olga Hernandez as a 2002-2003 Teacher of the Year for Fabens ISD.
To Rules and Resolutions.
3174 78th LEGISLATURE — REGULAR SESSION
HR 1152 (By Quintanilla), Honoring Karen Trautman as a 2002-2003 Teacher of the Year for Fabens ISD.
To Rules and Resolutions.
HR 1153 (By Quintanilla), Congratulating Joseph Soria on his election to the Tornillo I.S.D. Board of Trustees.
To Rules and Resolutions.
HR 1154 (By Quintanilla), Honoring Barbara Perez on her election to the Socorro ISD board of trustees.
To Rules and Resolutions.
HR 1155 (By Quintanilla), Honoring Lucia McGuire as Teacher of the Year for 2002-2003 in elementary education at the Clint Independent School District.
To Rules and Resolutions.
HR 1156 (By Quintanilla), Honoring Penny Jones as a 2002-2003 Teacher of the Year for Fabens ISD.
To Rules and Resolutions.
HR 1157 (By Quintanilla), Honoring Sylvia Gonzalez on her election to Fabens ISD Board of Trustees.
To Rules and Resolutions.
HR 1158 (By Quintanilla), In memory of Mary H. Dipp of El Paso.
To Rules and Resolutions.
HR 1159 (By Eissler), In memory of Lynn Stark.
To Rules and Resolutions.
HR 1160 (By Goolsby), In memory of Willie James Reed, Sr., of Austin.
To Rules and Resolutions.
HR 1162 (By Bohac), In memory of Calvin Christopher "Chief" Morris of Houston.
To Rules and Resolutions.
HR 1163 (By Bohac), Honoring Lois Stromberg for her work as a Neighborhood Liaison during the 78th Texas Legislative Session.
To Rules and Resolutions.
HR 1164 (By Bohac), Honoring Wes Krueger of Houston as a Neighborhood Liaison.
To Rules and Resolutions.
HR 1165 (By Hughes), Honoring the Pittsburg Middle School band for receiving the UIL sweepstakes award.
To Rules and Resolutions.
HR 1173 (By Merritt), Honoring the Pine Tree High School UIL academic team for its performance at the state championship.
To Rules and Resolutions.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3175
HR 1174 (By J. Keffer), Honoring Rod Tate of Early on his retirement from teaching.
To Rules and Resolutions.
HR 1175 (By J. Keffer), Honoring Bette Armstrong, the Toad Lady of Eastland County, for her many years of volunteer service in behalf of the community.
To Rules and Resolutions.
HR 1176 (By J. Keffer), In memory of Major Jay Thomas Aubin of the United States Marine Corps.
To Rules and Resolutions.
HR 1177 (By Nixon), Recognizing Christopher Albert "Chris" Lemming of Houston for attaining the rank of Eagle Scout.
To Rules and Resolutions.
HR 1178 (By Nixon), Recognizing Benjamin James "Ben" Lemming of Houston for attaining the rank of Eagle Scout.
To Rules and Resolutions.
HR 1179 (By Nixon), Recognizing Michael Joseph "Mike" Lemming of Houston for attaining the rank of Eagle Scout.
To Rules and Resolutions.
HR 1180 (By Eissler), Congratulating Guy V. Lewis on his remarkable coaching career at the University of Houston and his outstanding contributions to collegiate basketball in the State of Texas.
To Rules and Resolutions.
HR 1182 (By Woolley), Recognizing May 11-17, 2003, as Transportation Week in Texas.
To Rules and Resolutions.
HR 1183 (By Hupp), Recognizing May 24, 2003, as Boerne Area Christian Homeschool Day and congratulating the school's 2003 graduating class.
To Rules and Resolutions.
HR 1184 (By Pitts), Honoring Laura Cross of Midlothian High School for winning the individual 4A UIL state championship gold medal in golf.
To Rules and Resolutions.
HR 1185 (By Hughes), Honoring Major General Vernon B. Lewis, Jr., and Patsy Jean Lewis on their 50th wedding anniversary.
To Rules and Resolutions.
HR 1188 (By Hill), Congratulating John DeMattia on his 50th birthday.
To Rules and Resolutions.
HR 1189 (By Hill), Congratulating A. R. "Art" Roberts on being named 2002 Citizen of the Year in Richardson.
To Rules and Resolutions.
3176 78th LEGISLATURE — REGULAR SESSION
HR 1190 (By Quintanilla), Congratulating James Richard Pendell on his appointment to the Texas School Safety Center Board.
To Rules and Resolutions.
HR 1191 (By Pitts), Honoring Valerie Reese of Waxahachie for her selection by the Texas Association of Secondary School Principals (TASSP) as a member of the TASSP All-State Academic Excellence Team.
To Rules and Resolutions.
HR 1192 (By Pitts), Honoring Italy school superintendent Mike Clifton for his participation in the Boston Marathon.
To Rules and Resolutions.
HR 1193 (By Dawson), Honoring Ruby Rosa May Merrill Miles on her 89th birthday.
To Rules and Resolutions.
HR 1195 (By Hughes), Honoring the members of the Union Grove High School Marching Band of Gladewater for their success at UIL competition.
To Rules and Resolutions.
HR 1196 (By Lewis), In memory of Andrew Wayne Hoskings of Pflugerville.
To Rules and Resolutions.
HR 1197 (By Lewis), Honoring Lakendra Sharnae Stewart of Tyler for her service as a student intern during the 78th Legislative Session.
To Rules and Resolutions.
HR 1198 (By Lewis), Congratulating Charles L. Harvey on receiving the Marvin Sanders Gold Whistle Award.
To Rules and Resolutions.
HR 1199 (By Lewis), Commending the newly inducted members of the Dunbar Middle School National Junior Honor Society.
To Rules and Resolutions.
HR 1200 (By Castro), Welcoming Jacqueline Ann Willis, the Hong Kong commissioner to the United States, to the State Capitol on May 20, 2003.
To Rules and Resolutions.
HR 1201 (By Castro), Congratulating the Honorable Edward C. Prado on his confirmation to the United States Court of Appeals.
To Rules and Resolutions.
HR 1202 (By Castro), Honoring Ray Benke, Oscar Cortez, and Jose Hinojosa on their receipt of the Freedom Medal and the Korean War Commendation Medal.
To Rules and Resolutions.
HR 1203 (By Keel), Honoring Austin musician Kevin Fowler for his many achievements.
To Rules and Resolutions.
SB 5 to Natural Resources.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3177
SB 20 to Transportation.
SB 24 to Natural Resources.
SB 25 to Natural Resources.
SB 58 to Human Services.
SB 75 to Economic Development.
SB 192 to Law Enforcement.
SB 203 to Transportation.
SB 216 to Public Health.
SB 292 to Licensing and Administrative Procedures.
SB 411 to County Affairs.
SB 474 to Public Health.
SB 478 to Business and Industry.
SB 563 to Insurance.
SB 588 to Civil Practices.
SB 738 to Natural Resources.
SB 767 to Transportation.
SB 769 to Public Health.
SB 787 to Public Health.
SB 791 to Judicial Affairs.
SB 795 to Criminal Jurisprudence.
SB 815 to Public Education.
SB 820 to Business and Industry.
SB 823 to Ways and Means.
SB 879 to Insurance.
SB 921 to Insurance.
SB 978 to Law Enforcement.
SB 1011 to Criminal Jurisprudence.
SB 1019 to County Affairs.
SB 1038 to Human Services.
SB 1061 to Insurance.
SB 1067 to Financial Institutions.
SB 1092 to Criminal Jurisprudence.
SB 1093 to Corrections.
SB 1117 to Insurance.
3178 78th LEGISLATURE — REGULAR SESSION
SB 1154 to State Cultural and Recreational Resources.
SB 1173 to State Health Care Expenditures, Select.
SB 1205 to Civil Practices.
SB 1215 to Elections.
SB 1230 to Higher Education.
SB 1245 to Higher Education.
SB 1252 to Law Enforcement.
SB 1254 to Transportation.
SB 1262 to Economic Development.
SB 1369 to State Health Care Expenditures, Select.
SB 1388 to State Affairs.
SB 1403 to State Affairs.
SB 1411 to Criminal Jurisprudence.
SB 1444 to Public Education.
SB 1450 to Judicial Affairs.
SB 1459 to County Affairs.
SB 1460 to County Affairs.
SB 1461 to County Affairs.
SB 1463 to Transportation.
SB 1466 to Local Government Ways and Means.
SB 1472 to County Affairs.
SB 1494 to Natural Resources.
SB 1499 to Transportation.
SB 1520 to Urban Affairs.
SB 1521 to Higher Education.
SB 1551 to Judicial Affairs.
SB 1570 to Natural Resources.
SB 1575 to Civil Practices.
SB 1582 to State Cultural and Recreational Resources.
SB 1592 to Urban Affairs.
SB 1643 to Elections.
SB 1652 to Higher Education.
SB 1659 to Local Government Ways and Means.
SB 1662 to Public Health.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3179
SB 1670 to Insurance.
SB 1678 to Corrections.
SB 1679 to Law Enforcement.
SB 1706 to Transportation.
SB 1731 to County Affairs.
SB 1733 to County Affairs.
SB 1742 to Human Services.
SB 1751 to Border and International Affairs.
SB 1763 to Transportation.
SB 1777 to Urban Affairs.
SB 1780 to Ways and Means.
SB 1811 to Urban Affairs.
SB 1819 to Economic Development.
SB 1820 to Public Education.
SB 1861 to Appropriations.
SB 1899 to Natural Resources.
SB 1907 to Urban Affairs.
SB 1909 to Land and Resource Management.
SB 1912 to Urban Affairs.
SB 1915 to Judicial Affairs.
SB 1918 to Urban Affairs.
SB 1923 to Judicial Affairs.
SB 1925 to Natural Resources.
SB 1928 to Natural Resources.
SB 1932 to Judicial Affairs.
SB 1933 to Natural Resources.
SB 1935 to Natural Resources.
SB 1937 to Land and Resource Management.
SB 1940 to Judicial Affairs.
SB 1941 to Natural Resources.
SB 1942 to Higher Education.
SB 1944 to Local Government Ways and Means.
SB 1947 to Natural Resources.
SB 1948 to Criminal Jurisprudence.
3180 78th LEGISLATURE — REGULAR SESSION
SCR 14 to Public Health.
SCR 24 to State Affairs.
SCR 41 to State Cultural and Recreational Resources.
SCR 45 to State Affairs.
SCR 49 to Public Health.
SCR 51 to State Cultural and Recreational Resources.
SJR 42 to Financial Institutions.
Pursuant to Rule 1, Section 4 of the House Rules, the chair corrects the referral of the following bills and resolutions:
SB 1903 to Local Government Ways and Means.
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the house by the speaker:
House List No. 39
HBi89, HBi587, HBi1022
Senate List No. 27
SBi40, SBi83, SBi261, SBi324, SBi358, SBi378, SBi408, SBi409, SBi558, SBi640, SBi641, SBi749, SBi850, SBi984, SBi1111, SBi1564, SBi1666, SBi1667
Senate List No. 28
SBi100, SBi132, SBi173, SBi317, SBi345, SBi527, SBi602, SBi604, SBi619, SBi657, SBi725, SBi726, SBi737, SBi825, SBi903, SBi996, SBi1012, SBi1050, SBi1051, SBi1151, SBi1409, SBi1532, SBi1800, SBi1883, SCRi35, SCRi40, SCRi47
Senate List No. 30
SBi7, SBi185, SBi189, SBi313, SBi421, SBi1237, SBi1577, SBi1578, SBi1764
Senate List No. 31
SBi652, SBi1063, SJRi55
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
Friday, May 16, 2003
The Honorable Speaker of the House
House Chamber
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3181
Austin, Texas
Mr. Speaker:
I am directed by the senate to inform the house that the senate has taken the following action:
LOCAL AND UNCONTESTED CALENDAR
| SB 20 | Armbrister |
Relating to the issuance of certain permits for overweight vehicles; providing a penalty.
| SB 24 | Armbrister |
Relating to the creation, administration, powers, duties, operation, and financing of the Ranch at Clear Fork Creek Municipal Utility District No. 1; granting the authority to impose taxes and issue bonds; granting the power of eminent domain.
| SB 137 | Ellis, Rodney |
Relating to insurance policies insuring the life of an employee or former employee.
| SB 292 | Brimer |
Relating to the regulation of athlete agents.
| SB 411 | Zaffirini |
Relating to the salaries and longevity pay of sheriff department personnel in certain counties.
| SB 478 | Duncan |
Relating to disqualification for eligibility for workers' compensation benefits of certain persons who perform services that benefit a political subdivision.
| SB 588 | Duncan |
Relating to liability insurance coverage for certain nursing institutions.
| SB 795 | Gallegos |
Relating to the punishment for a corporation or association convicted of an offense involving the criminally negligent inspection, maintenance, or operation of a commercial motor vehicle.
| SB 815 | Van de Putte |
Relating to the development of essential knowledge and skills for subjects in the enrichment curriculum.
| SB 879 | Whitmire |
Relating to appeals of adverse determinations made by health maintenance organizations.
| SB 921 | Whitmire |
Relating to the authority of a judge to reduce or terminate the community supervision of a defendant convicted of an offense punishable as a state jail felony.
| SB 1019 | Duncan |
Relating to the powers, duties, taxing authority, and dissolution procedure of the Ballinger Memorial Hospital District.
3182 78th LEGISLATURE — REGULAR SESSION
| SB 1092 | Shapiro |
Relating to evidence offered in the prosecution of the offense of child pornography.
| SB 1093 | Shapiro |
Relating to the civil commitment of sexually violent predators.
| SB 1205 | Lindsay |
Relating to liability of the state and certain political subdivisions for certain recreational activities.
| SB 1215 | Van de Putte |
Relating to changing the deadlines and authority for ordering the election and filing for candidacy in political subdivision elections.
| SB 1245 | Armbrister |
Relating to the governance of the Crime Victims' Institute.
| SB 1252 | Armbrister |
Relating to the regulation of certain activities associated with providing private security.
| SB 1254 | Armbrister |
Relating to the leasing and contracting powers of a port authority or navigation district.
| SB 1388 | Armbrister |
Relating to access to certain personal information under the public information law.
| SB 1411 | Deuell |
Relating to electronic surveillance.
| SB 1450 | Harris |
Relating to the authority of a guardian of the person of a ward to transport the ward to an inpatient mental health facility and file for emergency detention under certain circumstances and to consent to the administration of certain medication.
| SB 1551 | Duncan |
Relating to the creation and composition of judicial districts and the election and powers and duties of certain district attorneys.
| SB 1731 | Gallegos |
Relating to fees imposed by certain counties for the preservation, restoration, and management of certain county records.
| SB 1751 | Lucio |
Relating to the right of a foreign national to contact a foreign consular official.
| SB 1777 | Gallegos |
Relating to fire control, prevention, and emergency medical services districts of certain municipalities.
| SB 1907 | Armbrister |
Relating to the regulation of alarm systems and alarm systems companies.
| SB 1909 | Lucio |
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3183
Relating to the regulation of the subdividing or development of land in areas bordering the Rio Grande and the Laguna Madre or the Gulf of Mexico.
| SB 1915 | Armbrister |
Relating to the terms of court of the 9th Judicial District.
| SB 1918 | Armbrister |
Relating to the creation of the Katy Towne Centre Development District; providing authority to impose a tax and issue bonds.
| SB 1923 | Ogden |
Relating to the application of the professional prosecutors law to the district attorney for the 258th Judicial District.
| SB 1932 | Ogden |
Relating to the performance of the duties of a district attorney by the prison prosecution unit in Trinity County.
| SB 1933 | Staples |
Relating to the exclusion of property from Waterwood Municipal Utility District No. 1.
| SB 1940 | Armbrister |
Relating to the County Court at Law of Aransas County.
| SB 1941 | Averitt |
Relating to the creation, administration, powers, duties, operation, and financing of the Lake Alan Henry Water District; granting the power of eminent domain; authorizing the issuance of bonds and the imposition of taxes.
| SB 1947 | Lucio |
Relating to the creation, administration, powers, duties, operation, and financing of the Heritage Groundwater Conservation District; granting the authority to impose taxes.
| SCR 24 | Jackson |
Directing the Texas Building and Procurement Commission to name the new public health laboratory building for Dr. Jesse Vernal Irons.
| SCR 41 | Armbrister |
Directing the Texas Parks and Wildlife Department, Texas Commission on Environmental Quality, and Texas Water Development Board to exclude consideration of recreational fishing restrictions in any study of Texas bays and estuaries.
| SCR 45 | Fraser |
Directing the Texas Building and Procurement Commission to rename the Brownwood State School - Units I and II for Mr. Ron Jackson as a tribute to his commitment to public service and his many contributions to the betterment of the State of Texas.
| SCR 49 | Lucio |
3184 78th LEGISLATURE — REGULAR SESSION
Requesting the lieutenant governor and the speaker to create a joint interim committee to study issues related to nutrition among Texas public school children.
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 2
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Friday, May 16, 2003 - 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:
LOCAL AND UNCONTESTED CALENDAR
| HB 227 | Keel | SPONSOR: Jackson |
Relating to certain notice requirements in a court order providing for the possession of or access to a child.
(Committee Substitute)
| HB 263 | Goodman | SPONSOR:iEllis, Rodney |
Relating to the establishment and operation of children's advocacy centers.
| HB 295 | Smith, Todd | SPONSOR: Wentworth |
Relating to the security required to contest an application for certain alcoholic beverage licenses.
| HB 501 | Telford | SPONSOR: Ratliff |
Relating to the jurisdiction of the County Court of Marion County.
| HB 655 | Menendez | SPONSOR: Madla |
Relating to the sale of property by a defense base development authority.
| HB 829 | Hughes | SPONSOR: Ratliff |
Relating to jurisdiction to enter certain orders in a failure to attend school proceeding.
| HB 854 | West, George "Buddy" | SPONSOR: Duncan |
Relating to the eligibility of public schools and libraries for certain funds.
(Amended)
| HB 884 | Dutton | SPONSOR: Lucio |
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3185
Relating to alternative dispute resolution statements required in a suit for dissolution of a marriage and a suit affecting the parent-child relationship.
| HB 1150 | Puente | SPONSOR: Wentworth |
Relating to the financing of certain local water, conservation, and open-space projects in accordance with the law governing sports and community venue projects.
(Committee Substitute)
| HB 1156 | Giddings | SPONSOR: Fraser |
Relating to adoption of the Business Organizations Code.
| HB 1226 | Eissler | SPONSOR: Williams |
Relating to a closed meeting for a school board deliberation that will necessarily reveal personally identifiable information about a public school student.
| HB 1231 | Geren | SPONSOR: Lucio |
Relating to management of the Gulf Coast Intracoastal Waterway.
| HB 1306 | Marchant | SPONSOR: Wentworth |
Relating to the confidentiality of certain information relating to real property purchased or sold by certain state agencies.
(Amended)
| HB 1364 | Dukes | SPONSOR:iEllis, Rodney |
Relating to emergency shelter and care for minors.
| HB 1949 | Eissler | SPONSOR:iVan de Putte |
Relating to the finality of a grade issued by a public school teacher.
| HB 2031 | Puente | SPONSOR: Madla |
Relating to the regulation of stormwater management by certain counties.
| HB 3149 | Wilson | SPONSOR: Harris |
Relating to conflicts of interest involving lobbyists.
(Amended)
| HCR 56 | Delisi | SPONSOR: Nelson |
Urging the secretary of the United States Department of Health and Human Services to authorize any section 1115 demonstration waivers.
(Committee Substitute)
| HCR 57 | Delisi | SPONSOR: Nelson |
Urging Congress to enact the Children First SCHIP Improvement Act of 2003 and enact legislation further extending the availability of 2000 and 2001 SCHIP allotments until 2005.
| SB 5 | Averitt |
Relating to the creation, administration, powers, duties, functions, operations, and financing of the Johnson County Special Utility District; authorizing the imposition of taxes and the issuance of bonds.
| SB 25 | Lucio |
Relating to the creation, administration, powers, duties, operation, and financing of the Kenedy County Groundwater Conservation District.
3186 78th LEGISLATURE — REGULAR SESSION
| SB 192 | Barrientos |
Relating to the purchase of a badge, insignia, weapon, or uniform of a peace officer or firefighter.
| SB 216 | Zaffirini |
Relating to the disposal by a veterinarian of animal remains and associated medical waste.
| SB 767 | Jackson |
Relating to the creation of the Harris County Road Improvement District No. 1; providing authority to impose a tax and issue bonds.
| SB 1038 | Barrientos |
Relating to the transfer of the Communities In Schools program.
| SB 1154 | Shapleigh |
Relating to state publications maintained by the Texas State Library and Archives Commission.
| SB 1173 | Janek |
Relating to prescription drug benefits under the group health benefit programs for certain governmental employees and retired employees.
| SB 1403 | Lucio |
Relating to requiring the Texas State Library and Archives Commission and the Department of Information Resources to establish a searchable database for grants awarded by state agencies.
| SB 1459 | Lindsay |
Relating to access to criminal history record information by a county fire marshal.
| SB 1461 | Lindsay |
Relating to the sale of used fire-fighting equipment to certain volunteer fire departments.
| SB 1463 | Lindsay |
Relating to the conversion of a nontoll state highway to a toll facility.
| SB 1472 | West |
Relating to zoological operation and maintenance boards; authorizing taxes and bonds.
| SB 1494 | Madla |
Relating to the powers of Bexar Metropolitan Water District.
| SB 1520 | Lucio |
Relating to the Texas Housing Finance Corporations Act.
| SB 1570 | Madla |
Relating to certain public water supply wells in the Trinity Glen Rose Groundwater Conservation District.
| SB 1643 | Staples |
Relating to the appointment of election officers for a central counting station for certain elections.
| SB 1659 | Madla |
Relating to certain ad valorem tax exemptions, payments, and refunds.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3187
| SB 1670 | Averitt |
Relating to the ability of a health maintenance organization to provide accessible and affordable benefit plans.
| SB 1733 | Gallegos |
Relating to the creation of an appeals process for the termination or suspension of deputy constables in certain counties.
| SB 1811 | Whitmire |
Relating to service of process and to the ability to sue and be sued of a sports and community venue district.
| SB 1820 | Van de Putte |
Relating to criteria for rating the performance of school districts.
| SCR 14 | Shapleigh |
Memorializing the U.S. Congress to take actions to improve access to childhood vaccines.
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 3
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Friday, May 16, 2003 - 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:
| HB 555 | Chisum | SPONSOR: Armbrister |
Relating to notice requirements for certain portable facilities under the Clean Air Act.
(Committee Substitute/Amended)
| HCR 5 | Homer | SPONSOR: Ratliff |
In memory of Cordelia Maxine Knight of Paris.
| HCR 6 | Homer | SPONSOR: Ratliff |
Honoring the life of P. A. Thomas, Jr., of Titus County.
| HCR 102 | Gallego | SPONSOR: Madla |
Honoring the musical legacy of Robert "Wolfman Jack" Smith.
| HCR 196 | Campbell | SPONSOR: Duncan |
Honoring Marine Lance Corporal Kyle Howard of San Angelo for heroic bravery displayed during Operation Iraqi Freedom.
3188 78th LEGISLATURE — REGULAR SESSION
| HCR 201 | Gallego | SPONSOR: Madla |
Congratulating U.S. Olympian Todd Hays of Del Rio.
| HCR 221 | Branch | SPONSOR: Carona |
Congratulating Ray and Kimberly Faust of Austin on the birth of their daughter, Konner Mikus Faust.
| SB 58 | Zaffirini |
Relating to the creation of a relative caregiver placement pilot program for certain children for whom the Department of Protective and Regulatory Services is appointed managing conservator.
| SB 75 | Zaffirini |
Relating to child-care services for certain low-wage employees.
| SB 203 | Janek |
Relating to fees charged for certain transportation services to and from cruise ship terminals.
| SB 474 | Lucio |
Relating to an interim study on nutrition and health in public schools.
| SB 563 | Lucio |
Relating to health benefit plan coverage for an enrollee with autism or a pervasive developmental disorder.
| SB 769 | Carona |
Relating to the licensing and regulation of surgical assistants.
| SB 787 | Carona |
Relating to the deadline for passing the examination for a license to practice medicine in this state.
| SB 791 | West |
Relating to a program to monitor the collection and remittance of certain court costs and fees.
| SB 820 | Fraser |
Relating to the assignment of impairment ratings to injured employees.
| SB 978 | Wentworth |
Relating to the automation of the compulsory motor vehicle inspection system.
| SB 1011 | West |
Relating to the questioning of prospective jurors during voir dire examination.
| SB 1230 | Wentworth |
Relating to authorizing an environmental service fee at Southwest Texas State University.
| SB 1262 | Armbrister |
Relating to the use of certain incentives by municipalities for certain economic development.
| SB 1444 | Barrientos |
Relating to safety regulations for certain extracurricular school activities.
| SB 1460 | Lindsay |
Relating to county fire marshals and county fire protection; providing penalties.
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3189
| SB 1499 | Madla |
Relating to contracts for the design and construction of transportation projects by the Texas Department of Transportation.
| SB 1521 | Zaffirini |
Relating to tuition charged by a public institution of higher education for certain graduate programs.
| SB 1592 | West |
Relating to applications for and allocations of reservations of the state ceiling among issuers of qualified residential rental project bonds.
| SB 1652 | Shapiro |
Relating to institutions of higher education, including the administration, operation, governance, and financing of those institutions.
| SB 1679 | Gallegos |
Relating to driving records and to the operation of commercial motor vehicles; creating an offense.
| SB 1706 | Wentworth |
Relating to the authorization of airport authorities and the issuance of bonds and exercise of eminent domain by the authorities.
| SB 1742 | Zaffirini |
Relating to the transfer of money appropriated to provide care for certain persons in nursing facilities to provide community-based services to those persons.
| SB 1780 | Ogden |
Relating to claiming a franchise tax credit for certain qualified capital investments.
| SB 1819 | Van de Putte |
Relating to considering the economic impact to the state in awarding certain Texas Lottery Commission contracts.
| SB 1899 | Staples |
Relating to permit requirements for groundwater transfers out of Pineywoods Groundwater Conservation District.
| SB 1912 | Jackson |
Relating to the creation of the Harborside Management District; providing authority to impose taxes and issue bonds.
| SB 1925 | Estes |
Relating to the powers, financing, and fees of office for the Rolling Plains Groundwater Conservation District.
| SB 1928 | Staples |
Relating to the boundaries of the Athens Municipal Water Authority.
| SB 1935 | Fraser |
Relating to the law governing the Brazos River Authority and the law governing the Lower Colorado River Authority.
| SB 1937 | Armbrister |
Relating to the apportionment of municipal infrastructure costs to developers.
| SB 1944 | Fraser |
3190 78th LEGISLATURE — REGULAR SESSION
Relating to the creation of the Temple Health and Bioscience Economic Development District; providing authority to impose a tax and issue bonds.
| SB 1948 | Whitmire |
Relating to the release on bond of certain applicants for a writ of habeas corpus.
| SCR 51 | Lucio |
Commemorating the 150th anniversary of the King Ranch.
| SJR 42 | Carona |
Proposing a constitutional amendment authorizing a home equity line of credit, providing for administrative interpretation of home equity lending law, and otherwise relating to the making, refinancing, repayment, and enforcement of home equity loans.
THE SENATE HAS CONCURRED IN HOUSE AMENDMENTS TO THE FOLLOWING MEASURES:
| SB 7 | (viva-voce vote) |
| SB 185 | (31 Yeas, 0 Nays) |
| SB 189 | (viva-voce vote) |
| SB 313 | (31 Yeas, 0 Nays) |
| SB 421 | (viva-voce vote) |
| SB 652 | (31 Yeas, 0 Nays) |
| SB 1063 | (viva-voce vote) |
| SB 1237 | (31 Yeas, 0 Nays) |
| SB 1577 | (viva-voce vote) |
| SB 1578 | (viva-voce vote) |
| SB 1764 | (31 Yeas, 0 Nays) |
| SJR 55 | (31 Yeas, 0 Nays) |
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 287
Senate Conferees: Ellis, Rodney - Chair/Jackson/Nelson/Ratliff/Wentworth
SB 418
Senate Conferees: Nelson - Chair/Deuell/Ellis, Rodney/Janek/Van de Putte
SB 504
Senate Conferees: Ogden - Chair/Armbrister/Duncan/Lucio/Williams
SB 1224
Senate Conferees: Ellis, Rodney - Chair/Duncan/Ratliff/Whitmire/Williams
THE SENATE HAS GRANTED THE REQUEST OF THE HOUSE FOR THE APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING MEASURES:
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3191
HB 1567
Senate Conferees: Bivins - Chair/Armbrister/Duncan/Staples/Whitmire
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 4
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Friday, May 16, 2003 - 4
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:
| SB 738 | Duncan |
Relating to the notice, hearing, and permitting process for groundwater conservation districts.
| SB 823 | Fraser |
Relating to administration of the sales and use tax and compliance with the Streamlined Sales and Use Tax Agreement.
| SB 1061 | Ellis,iRodney |
Relating to discrimination related to the business of insurance and to the use of insurance policy proceeds for certain victims of past discrimination; creating an offense.
| SB 1067 | Carona |
Relating to home equity lending and high-cost home loans.
| SB 1117 | Williams |
Relating to optional benefits under the Texas school employees uniform group coverage program.
| SB 1369 | Duncan |
Relating to certain group benefits for retired school employees.
| SB 1370 | Duncan |
Relating to certain group benefit plans provided to certain governmental officers, employees, and retirees and their dependents.
| SB 1466 | Lindsay |
Relating to hotel occupancy taxes and the financing of convention center facilities in certain counties.
| SB 1575 | Carona |
3192 78th LEGISLATURE — REGULAR SESSION
Relating to immunity from civil liability arising from activities of the Texas Workers' Compensation Commission medical quality review panel.
| SB 1582 | Wentworth |
Relating to authorizing political subdivisions and property owners' associations to trap and transport white-tailed deer.
| SB 1662 | Duncan |
Relating to the care of elementary and secondary school students with diabetes.
| SB 1678 | Whitmire |
Relating to the organization and duties of the Board of Pardons and Paroles.
| SB 1763 | Ogden |
Relating to vehicle weights.
| SB 1861 | Bivins |
Relating to directing payment, after approval, of certain miscellaneous claims and judgments against the state out of funds designated by this Act; making appropriations.
| SB 1942 | Wentworth |
Relating to the name of Southwest Texas State University.
Respectfully,
Patsy Spaw
Secretary of the Senate
AAAAAAPPENDIXAAAAA
STANDING COMMITTEE REPORTS
Favorable reports have been filed by committees as follows:
May 15
Agriculture and Livestock - SBi1700
Business and Industry - SBi92
Environmental Regulation - SBi585, SBi599, SBi1159
Natural Resources - SBi367, SBi368, SBi369, SBi370, SBi371, SBi372
Public Education - SBi900, SBi976, SBi1394
Transportation - SBi487, SBi972, SBi1884
SIGNED BY THE GOVERNOR
May 15 - HBi233, HBi234, HBi522, HBi601, HBi641, HBi935, HBi970, HBi988, HBi1049, HBi1138, HBi1234, HBi1369, HBi1370, HBi1522, HBi1677, HBi1819, HBi1820, HCRi36
Friday, May 16, 2003 HOUSE JOURNAL — 70th Day 3193