EIGHTIETH LEGISLATURE, REGULAR SESSION
PROCEEDINGS
EIGHTY-FOURTH DAY — FRIDAY, MAY 25, 2007
The house met at 10 a.m. and was called to order by the speaker.
The roll of the house was called and a quorum was announced present (Recordi1734).
Present — Mr. Speaker; Allen; Alonzo; Anderson; Aycock; Bailey; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Coleman; Cook, B.; Cook, R.; Crabb; Crownover; Darby; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Gattis; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Heflin; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Merritt; Miller; Morrison; Mowery; Murphy; Naishtat; O'Day; Olivo; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, W.; Smithee; Solomons; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Vaught; Veasey; Villarreal; Vo; West; Zedler.
Absent — Anchia; Bolton; Cohen; Corte; Creighton; Davis, J.; Garcia; Geren; Hartnett; Hernandez; Keffer; Kolkhorst; Lucio; McCall; Miles; Moreno; Noriega; Oliveira; Orr; Smith, T.; Strama; Turner; Van Arsdale; Woolley; Zerwas.
The invocation was offered by Kyle Ashley, pastor, Westoak Woods Baptist Church, Austin, as follows:
Heavenly Father, we give thanks to you on this glorious day, a day we can honor you, the God almighty, for creating this universe, this nation, and the great State of Texas.
We give thanks for the men and women elected to serve the people of Texas in this 80th session of the Texas Legislature. What a privilege it is for these representatives to serve you by serving others. May they conduct business in a manner that would please you, Lord, in a manner that demonstrates the same unconditional love for others, as you have for us. As these men and women gather in this chamber—a chamber built on the sacrifices of others, who gave their lives for the very freedom we enjoy today—enable them to utilize the gifts and talents you have bestowed upon them, acting not as adversaries, but as a unified body, as they pursue the common good of the people of the State of Texas
and this great nation. Give these outstanding servants the wisdom to know what is right, the compassion to seek what is right, and the courage to do what is right in representing the many and diverse needs of the people.Finally, Lord, help us to believe that without you, we toil in vain, but that with you, and through you, all things are possible. In your name we pray. Amen.
The speaker recognized Representative Farabee who led the house in the pledges of allegiance to the United States and Texas flags.
(Bolton and Keffer now present)
CAPITOL PHYSICIAN
The speaker recognized Representatives Bolton and Herrero who presented Dr. Rick Edwards and Dr. Barbara Estment of Corpus Christi as the "Doctors for the Day."
The house welcomed Drs. Edwards and Estment and thanked them for their participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians.
(Hamilton in the chair)
(Orr now present)
HCR 254 - ADOPTED
(by Peña)
Representative Hochberg moved to suspend all necessary rules to take up and consider at this time HCRi254.
The motion prevailed.
The following resolution was laid before the house:
HCR 254, Congratulating The University of Texas-Pan American ROTC Battalion on earning the 2006 General Douglas MacArthur Award.
HCR 254 was adopted.
(Cohen and Corte now present)
HCR 272 - ADOPTED
(by Parker)
The following privileged resolution was laid before the house:
HCR 272
WHEREAS, HB 4061 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and
WHEREAS, The bill contains technical and typographical errors that should be corrected; now, therefore, be it
RESOLVED by the 80th Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to make the following correction:
In SECTION 2 of the house engrossment (page 8, line 4), strike "South 68824' East", and substitute "South 68824'25" East".
HCR 272 was adopted.
5848 80th LEGISLATURE — REGULAR SESSION
RESOLUTIONS ADOPTED
Representative Hardcastle moved to suspend all necessary rules in order to take up and consider at this time HCR 265, HCR 273, HR 2237, HR 2378, HRi2464, HR 2581, HR 2609, and HR 2656.
The motion prevailed.
The following resolutions were laid before the house:
HCR 265 (by Dukes), Honoring Major James R. Stegall (Ret.) of Austin for his service to his country and recommending that he be inducted into the Texas Aviation Hall of Fame.
HCR 273 (by Garcia), Paying tribute to the remarkable life of Dr. Hector P. Garcia on the third Wednesday of September in 2007 and in 2008.
HR 2237 (by Rodriguez), Recognizing PrintGlobe, Inc., in Austin on the grand opening of its expanded facility in May 2007.
HR 2378 (by Chavez), Honoring Yolanda M. Griego for serving as Democratic chair of Precinct 69 in El Paso County.
HR 2464 (by Villarreal), Honoring the Conjunto Heritage Taller of San Antonio for its efforts to preserve and perpetuate traditional conjunto music in Texas.
HR 2581 (by Puente), Honoring Sandy Rodesney for her Capitol career with the State of Texas.
HR 2609 (by Rodriguez and Martinez Fischer), Commending Damon Martinez for his service as a legislative intern in the office of Representative Eddie Rodriguez.
HR 2656 (by Y. Davis), Honoring comedian Dick Gregory on his 75th birthday.
The resolutions were adopted.
HR 2052 - ADOPTED
(by Callegari)
Representative Hardcastle moved to suspend all necessary rules to take up and consider at this time HRi2052.
The motion prevailed.
The following resolution was laid before the house:
HR 2052, In memory of U.S. Army Master Sergeant James Curtis Coons, U.S. Army Captain James Alexander Funkhouser, Jr., U.S. Marine Corporal Benjamin Salgado Rosales, U.S. Army First Lieutenant Jonathan D. Rozier, and U.S. Marine Sergeant James Rodney Tijerina of Katy.
HR 2052 was unanimously adopted by a rising vote.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5849
HR 2448 - ADOPTED
(by Naishtat)
Representative Hardcastle moved to suspend all necessary rules to take up and consider at this time HRi2448.
The motion prevailed.
The following resolution was laid before the house:
HR 2448, In memory of Ruth Hunter Ellinger of Austin.
HR 2448 was unanimously adopted by a rising vote.
(Geren, Lucio, McCall, and Strama now present)
(McClendon in the chair)
CONGRATULATORY AND MEMORIAL CALENDAR
The following congratulatory resolutions were laid before the house:
HR 434 (by Gallego), Honoring John William Spencer and his descendents for their contributions to the Lone Star State.
HR 1937 (by Straus), Encouraging Texans to associate the white cane and guide dog with visually impaired individuals and to exercise caution when driving in proximity to such individuals.
HR 1968 was previously adopted.
HR 1970 was previously adopted.
HR 2031 (by Dutton), Congratulating the Caring Communities Home Restoration Project team on the occasion of AmeriCorps Week.
HR 2032 (by Hardcastle), Congratulating Davis Lunsford of Graham on earning the rank of Eagle Scout.
HR 2033 (by Hardcastle), Commemorating the 150th anniversary of the founding of Forestburg.
HR 2036 (by Leibowitz), Congratulating Hillary Babida of Harlandale High School on being named a 2006-2007 Harlandale ISD Gates Millennium Scholar.
HR 2037 (by Leibowitz), Congratulating Alexsandra Martinez of Harlandale High School on being named a 2006-2007 Harlandale ISD Gates Millenium Scholar.
HR 2040 was previously adopted.
HR 2041 was previously adopted.
HR 2042 (by Naishtat), Honoring the Continental Club in Austin on the 50th anniversary of its founding.
HR 2043 was previously adopted.
HR 2044 was previously adopted.
HR 2045 was previously adopted.
5850 80th LEGISLATURE — REGULAR SESSION
HR 2046 (by Escobar), Honoring the life of Alvino Soza and commemorating the 2007 Soza family reunion.
HR 2047 (by Escobar), Congratulating Simon Salinas on his retirement as Willacy County judge.
HR 2048 (by Escobar), Honoring Judge Arturo Salas for his contributions to the community of La Feria.
HR 2050 (by Hilderbran), Congratulating Marie Hurt on her retirement as public information officer at the Dietert Senior Center in Kerrville.
HR 2053 (by Herrero), Commemorating the 100th anniversary of the city of Robstown.
HR 2054 (by Hochberg), Congratulating the Reverend J. Amos Jones and Odessa Jones of Houston on their 50th wedding anniversary.
HR 2055 (by Delisi), Recognizing May 13-19, 2007, as SPJST Legislative Awareness Week and May 14-18, 2007, as Texas Fraternal Week.
HR 2057 (by Gallego), Congratulating Mr. and Mrs. Jose Luis Nanez of Del Rio on their 50th wedding anniversary.
HR 2059 (by Gallego), Honoring the members of the Moreno/Rangel Legislative Leadership Program Class of 2007.
HR 2060 (by Smithee), Honoring the West Texas A&M University football team for its success during the 2005 and 2006 seasons.
HR 2062 (by Smithee), Honoring Dr. Russell Long of Amarillo on his professional achievements and congratulating him on his designation as president emeritus of West Texas A&M University.
HR 2065 (by Hochberg and Naishtat), Honoring Dr. Phil Hatlen on his retirement from the Texas School for the Blind and Visually Impaired.
HR 2069 (by Anderson), Honoring Dorothy Harris of Waco on her receipt of a Communities In Schools Best of Texas Award in the category of Parent of the Year.
HR 2070 (by Anderson), Honoring Jessica Hicks of Waco on her receipt of a Communities In Schools Best of Texas Award in the category of Principal of the Year.
HR 2072 (by Hartnett), Congratulating Patrick Simpson Crim of Dallas on achieving the rank of Eagle Scout.
HR 2073 (by Hamilton), Honoring Ramon Nunez and Ramon's Village Resort in Belize.
HR 2074 (by Y. Davis), Congratulating the Reverend Norvell Allen and Opal Allen on their 50th wedding anniversary.
HR 2076 (by Rodriguez), Recognizing San Juan Diego Catholic High School for the outstanding education it provides students.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5851
HR 2078 (by Rodriguez), Honoring the Latin variety band Los Curanderos of Austin.
HR 2079 (by Rodriguez), Congratulating Martin Middle School in Austin on being authorized to offer the International Baccalaureate Middle Years Programme and commending its administrators and faculty on their impressive work.
HR 2080 (by Rodriguez), Recognizing Chris Ernest of Del Valle High School as a 2006-2007 State Farm Scholar-Athlete.
HR 2081 (by T. Smith), Congratulating members of Brownie Troop No. 1422 on the occasion of the troop's May 21, 2007, bridging ceremony.
HR 2082 (by T. Smith), Congratulating the 2007 top 10 graduates of L. D. Bell High School in Hurst.
HR 2083 (by T. Smith), Congratulating the 2007 top 10 graduates of Trinity High School in Euless.
HR 2084 (by T. Smith), Congratulating Harold "Hal" and Ethel Della Johnston of Euless on their 60th wedding anniversary.
HR 2085 (by Goolsby), Congratulating Matt Berry of Austin on his receipt of the Woodworth Memorial Award from the Independent Insurance Agents & Brokers of America.
HR 2086 (by Peña), Honoring Humberto Alejandro Hernandez of Edinburg on his service as a legislative intern in the office of State Representative Aaron Pena.
HR 2087 (by Peña), Congratulating David George of Edinburg on being named salutatorian of the Edinburg North High School Class of 2007.
HR 2088 (by Peña), Congratulating Matthew Hernandez of McAllen on being named valedictorian of the Edinburg North High School Class of 2007.
HR 2089 (by Peña), Congratulating Francisco Ivan Garcia on being named the 2007 valedictorian of La Joya High School in Hidalgo County.
HR 2090 (by Peña), Honoring Ramon and Beatrice Villarreal of Edinburg on their 50th wedding anniversary.
HR 2091 (by Flynn), Congratulating Bob and Pattye Parker of Edgewood on their 50th wedding anniversary.
HR 2092 (by Flynn), Honoring Lloyd and Janet Webb of Greenville on their 35th wedding anniversary.
HR 2093 was withdrawn.
HR 2095 (by Lucio), Honoring Rogelio Ernesto Chanes on being elected president of the Student Government Association at The University of Texas at Brownsville.
HR 2096 (by Peña), Congratulating Anna Lee Mireles on being named the Class of 2007 valedictorian of La Villa High School.
5852 80th LEGISLATURE — REGULAR SESSION
HR 2097 (by Peña), Congratulating Kassandra Roxanne Rocha on being named the Class of 2007 salutatorian of La Villa High School in Hidalgo County.
HR 2098 (by Peña), Congratulating Carolee Ann Hinojosa on being named the Class of 2007 salutatorian of La Joya High School.
HR 2099 (by McClendon), Honoring the 100th birthday of Arbie Bland of San Antonio.
HR 2101 (by McClendon), Congratulating Breakthrough Gospel Promotions on its first anniversary.
HR 2102 (by McClendon), Congratulating Patricia A. Campbell on the occasion of her retirement from Lackland Air Force Base.
HR 2103 (by McClendon), Recognizing the 2007 South Texas Black Business Expo hosted by the Alamo City Black Chamber of Commerce.
HR 2104 (by McClendon), Congratulating Gloria Dean Randle Scott on her many contributions and accomplishments.
HR 2106 (by McClendon), Commending the International Association of Black Professional Firefighters for its myriad contributions.
HR 2108 (by McClendon), Honoring St. Paul United Methodist Church in San Antonio on its 140th anniversary.
HR 2109 (by McClendon), Congratulating Gloria Lynn Ray on being named Woman of the Year by St. Paul United Methodist Church.
HR 2110 (by McClendon), Congratulating Betty Joan Guilmenot Green of San Antonio on her 75th birthday.
HR 2111 (by McClendon), Commending the Cherice Cochrane Mentoring For Success Foundation for its efforts in behalf of children.
HR 2112 (by McClendon), Recognizing February 7, 2007, as National Black HIV/AIDS Awareness and Information Day.
HR 2113 (by McClendon), Congratulating the 2007-A Citizen Police Academy graduating class.
HR 2114 (by McClendon), Commending Rae Lewis Thornton for her many endeavors.
HR 2116 (by McClendon), Congratulating Warren Allison Guilmenot on his 85th birthday.
HR 2117 (by McClendon), Congratulating Juanita Mildred Jackson Guilmenot of San Antonio on her 80th birthday.
HR 2118 (by McClendon), Recognizing Vickie Winans for her outstanding career.
HR 2119 (by McClendon), In recognition of the Texas visit of Marva Smith Battle-Bey.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5853
HR 2121 (by McClendon), Congratulating Reverend Claude William Black, Jr., on his 90th birthday.
HR 2122 (by Gattis), Congratulating Roderick W. Holcombe on his retirement as director of the Milam County Health Unit.
HR 2123 (by Gattis), Congratulating Rick Zinsmeyer on his retirement as the Williamson County director of adult probation.
HR 2126 (by Taylor), Honoring Mel Measeles for his service on the Friendswood City Council.
HR 2127 (by Bohac), Congratulating Wayne F. and Ruby E. Schaper of Houston on their 50th wedding anniversary.
HR 2128 (by Hughes), Congratulating Jerry and Patricia Berry of Harrison County on their 50th wedding anniversary.
HR 2129 (by Hughes), Congratulating Edsel and Fayrine Green of Longview on their 60th wedding anniversary.
HR 2130 (by Hughes), Congratulating Charles and Margaret Maxwell of Waskom on their 50th wedding anniversary.
HR 2132 was previously adopted.
HR 2136 (by Morrison), Commemorating the 60th anniversary of First Christian Church (Disciples of Christ) in Victoria.
HR 2138 (by Gattis), Honoring former Williamson County District Judge William S. Lott on his 89th birthday.
HR 2139 (by Gattis), Commending Dr. Fannie Lee Lovelady Dawson Spain for her contributions as an educator.
HR 2140 (by Kolkhorst), Congratulating the town of Richards on its centennial.
HR 2142 was previously adopted.
HR 2143 (by Murphy), Honoring Keep Houston Beautiful for its participation in Keep America Beautiful's national Great American Cleanup campaign.
HR 2145 (by W. Smith), Honoring Janie Harris of Baytown for her 37-year career in education.
HR 2146 (by W. Smith), Congratulating the Honorable Jennifer Elrod on her nomination to the Fifth Circuit Court of Appeals.
HR 2148 (by Peña), Congratulating students of Edcouch-Elsa High School on being named first runner-up at the 4-A UIL One-Act Play State Contest.
HR 2150 (by Craddick), Congratulating the 2007 Excellence in Teaching Award winners and honorees from Midland County.
HR 2151 (by Craddick), Congratulating the 2007 Abell-Hanger Foundation Unsung Hero Award winners and honorees from Midland County.
5854 80th LEGISLATURE — REGULAR SESSION
HR 2152 (by Naishtat), Congratulating the Science Olympiad Team of the Liberal Arts and Science Academy at LBJ High School in Austin on placing first in the 2007 Texas Science Olympiad.
HR 2153 (by Krusee), Honoring Stanley and Evelyn Bowers of Round Rock on their 50th wedding anniversary.
HR 2154 (by Laubenberg), Commending John Simmons for his service as a trustee of the Wylie Independent School District Board.
HR 2155 (by Gonzales), Honoring Larry Rincones on his outstanding tenure as the city manager of Alton.
HR 2158 (by Dukes), Honoring Linda Shaw for serving as Democratic precinct chair of Precinct 101 in House District 46.
HR 2159 (by Dukes), Honoring Bob Vitray for serving as Democratic precinct chair of Precinct 103 in House District 46.
HR 2160 (by Dukes), Honoring Kenneth League for serving as Democratic precinct chair of Precinct 105 in House District 46.
HR 2161 (by Dukes), Honoring Giles Garmon for serving as Democratic precinct chair of Precinct 106 in House District 46.
HR 2162 (by Dukes), Honoring James "Jim" Rubarth-Lay for serving as Democratic precinct chair of Precinct 124 in House District 46.
HR 2163 (by Dukes), Honoring Mae Marion for serving as Democratic precinct chair of Precinct 126 in House District 46.
HR 2164 (by Dukes), Honoring David Butts for serving as Democratic precinct chair of Precinct 130 in House District 46.
HR 2165 (by Dukes), Honoring Ruth Marie for serving as Democratic precinct chair of Precinct 133 in House District 46.
HR 2166 (by Dukes), Honoring Steve Speir for serving as Democratic precinct chair of Precinct 135 in House District 46.
HR 2167 (by Dukes), Honoring Pablo Ortiz for serving as Democratic precinct chair of Precinct 151 in House District 46.
HR 2168 (by Dukes), Honoring Jules Vieau for serving as Democratic precinct chair of Precinct 152 in House District 46.
HR 2169 (by Dukes), Honoring Tommy Craig for serving as Democratic precinct chair of Precinct 156 in House District 46.
HR 2170 (by Dukes), Honoring Mary Sue Neilson for serving as Democratic precinct chair of Precinct 161 in House District 46.
HR 2171 (by Dukes), Honoring Linda Pemberton for serving as Democratic precinct chair of Precinct 223 in House District 46.
HR 2172 (by Dukes), Honoring Patty Byars for serving as Democratic precinct chair of Precinct 227 in House District 46.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5855
HR 2176 (by S. King), Honoring Baxter Speed of Bonham Elementary School in Abilene for his community activism.
HR 2178 (by Zedler), Commending Lauren Stabler for her service as an aide during the 80th Legislative Session.
HR 2179 (by Zedler), Commending Joel Fisher on his service as an aide during the 80th Legislative Session.
HR 2180 (by Herrero), Honoring Danielle De La Paz of Calallen High School in Corpus Christi for her performance at the District 31-4A Track Meet.
HR 2181 (by Hughes), Congratulating Bob and Freda Madsen of Mineola on their 50th wedding anniversary.
HR 2183 (by Escobar), Congratulating U.S. Army Lieutenant Travis Atwood on his receipt of the Bronze Star Medal with Valor Device for his service during combat in Iraq.
HR 2184 (by Jackson), Honoring Ed Brady on his retirement as the president and CEO of the Metrocrest Chamber of Commerce.
HR 2187 (by Chavez), Honoring Esteban V. Sansores for serving as Democratic chair of Precinct 124 in El Paso County.
HR 2188 (by Chavez), Honoring Santo "Super" Sanchez for serving as Democratic chair of Precinct 125 in El Paso County.
HR 2189 (by Chavez), Honoring Ayle Sarinana for serving as Democratic chair of Precinct 126 in El Paso County.
HR 2190 (by Chavez), Honoring Angie M. Garcia for serving as Democratic chair of Precinct 128 in El Paso County.
HR 2191 (by Chavez), Honoring Debbie Hastings Rios for serving as Democratic chair of Precinct 129 in El Paso County.
HR 2192 (by Chavez), Honoring Carlos Sandoval for serving as Democratic chair of Precinct 130 in El Paso County.
HR 2193 (by Chavez), Honoring Emma Acosta for serving as Democratic chair of Precinct 132 in El Paso County.
HR 2194 (by Chavez), Honoring Yolanda Ayala Alvidrez for serving as Democratic chair of Precinct 136 in El Paso County.
HR 2195 (by Chavez), Honoring Elizabeth Barron for serving as Democratic chair of Precinct 138 in El Paso County.
HR 2196 (by Chavez), Honoring Benny Casillas for serving as Democratic chair of Precinct 139 in El Paso County.
HR 2197 (by Chavez), Honoring Iliana Holguin for serving as Democratic chair of Precinct 140 in El Paso County.
HR 2198 (by Chavez), Honoring Blanca Dominguez for serving as Democratic chair of Precinct 141 in El Paso County.
5856 80th LEGISLATURE — REGULAR SESSION
HR 2199 (by Chavez), Honoring Guadalupe Ibarra for serving as Democratic chair of Precinct 147 in El Paso County.
HR 2200 (by Chavez), Honoring Irma S. Sanchez for serving as Democratic chair of Precinct 149 in El Paso County.
HR 2201 (by Chavez), Honoring Lorenza Fraire for serving as Democratic chair of Precinct 152 in El Paso County.
HR 2202 (by Chavez), Honoring Lilia Ruiz for serving as Democratic chair of Precinct 153 in El Paso County.
HR 2203 (by Chavez), Honoring Robert A. Gandara for serving as Democratic chair of Precinct 154 in El Paso County.
HR 2204 (by Chavez), Honoring Daniel Solis for serving as Democratic chair of Precinct 155 in El Paso County.
HR 2205 (by Chavez), Honoring Tina Silva for serving as Democratic chair of Precinct 156 in El Paso County.
HR 2206 (by Chavez), Honoring Mary Bowles-Grijalva for serving as Democratic chair of Precinct 157 in El Paso County.
HR 2207 (by Chavez), Honoring Rene Leon for serving as Democratic chair of Precinct 165 in El Paso County.
HR 2209 (by Branch), Honoring Jessica Lutrell for her exemplary service as a legislative intern in the office of State Representative Dan Branch.
HR 2210 (by Branch), Congratulating the lacrosse team of St. Mark's School of Texas in Dallas on winning the Southwest Preparatory Conference Championship.
HR 2211 (by Delisi), Recognizing May 14-18, 2007, as Texas Fraternal Week.
HR 2214 was previously adopted.
HR 2215 (by Gonzalez Toureilles), Honoring Sergeant First Class Felipe Leal, Jr., of Kenedy for his exceptional service to his country.
HR 2216 (by Gonzalez Toureilles), Congratulating Father Seamus Joseph McGowan of Corpus Christi on being elevated to Monsignor and commending him on 50 years of service in the priesthood.
HR 2217 (by Dutton), Congratulating Monica Segundo-Grosser as a Lake Houston Science Collaborative honoree.
HR 2218 (by Dutton), Congratulating Holly Miller as a Lake Houston Science Collaborative honoree.
HR 2219 (by Dutton), Congratulating Alisa Lott as a Lake Houston Science Collaborative honoree.
HR 2220 (by Dutton), Congratulating Debbie Krenek as a Lake Houston Science Collaborative honoree.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5857
HR 2221 (by Dutton), Congratulating Tara Brandt as a Lake Houston Science Collaborative honoree.
HR 2222 (by Dutton), Congratulating Sandra Carley as a Lake Houston Science Collaborative honoree.
HR 2223 (by Dutton), Congratulating Robert Cunningham as a Lake Houston Science Collaborative honoree.
HR 2224 (by Dutton), Congratulating Sara Brent as a Lake Houston Science Collaborative honoree.
HR 2227 (by Gattis), Commemorating Memorial Day 2007.
HR 2228 (by Vaught and Goolsby), Congratulating Richardson ISD on winning the H-E-B Excellence in Education Award for large districts.
HR 2229 (by Vaught), Congratulating the girls basketball team of Bishop Lynch High School in Dallas on winning the Texas Association of Private and Parochial Schools Class 6A state championship.
HR 2230 was withdrawn.
HR 2231 (by Vaught), Congratulating Eric Godat of Woodrow Wilson High School in Dallas on pitching two consecutive no-hitters.
HR 2234 (by S. King), Honoring Kay Whitton for her work with the UIL academic team at Jim Ned High School in Tuscola.
SCR 58 (Crownover - House Sponsor), Designating Lewisville Lake as the Urban Bass Fishing Capital of Texas.
The resolutions were adopted.
The following memorial resolutions were laid before the house:
HR 1886 (by W. Smith), In memory of Sean Michael Dubose of Spring.
HR 1938 (by R. Cook), In memory of former State Representative Jean Edmond Hosey of La Grange.
HR 2034 (by Gattis), In memory of Norman Gus "Bunky" Whitlow of Round Rock.
HR 2049 (by Hilderbran), In memory of Sandra Davison of Kerrville.
HR 2051 (by Vaught), In memory of Russell Plunk of Dallas.
HR 2052 was previously adopted.
HR 2058 (by Gallego), In memory of Alfredo Granado, Jr., of Fort Davis.
HR 2061 (by Smithee), In memory of Frances Dudley of Austin.
HR 2068 (by Anderson, et al.), In memory of Elton "Shorty" Stuckly, Sr., of Penelope.
HR 2071 (by Anderson), In memory of Henrietta E. Snokhous of West.
HR 2075 (by Rodriguez), In memory of Kay Longcope of Austin.
5858 80th LEGISLATURE — REGULAR SESSION
HR 2077 (by Rodriguez), In memory of Emilia Sanchez Hernandez of Austin.
HR 2094 (by Darby), In memory of Roy Farris Bennett of Uvalde.
HR 2100 (by McClendon), In memory of the Reverend Hamice R. James, Jr., of San Antonio.
HR 2105 (by McClendon), In memory of Katherine Moore Richardson of San Antonio.
HR 2107 (by McClendon), In memory of Earnest Kuykendall of San Antonio.
HR 2115 (by McClendon), In memory of Loraine Beatrice Sprott Whittier of San Antonio.
HR 2120 (by McClendon), In memory of John Etta Brent Slaughter of San Antonio.
HR 2125 (by Flores), In memory of Maria Celeste Valdez.
HR 2141 (by Eiland), In memory of former State Representative Jean Edmond Hosey of La Grange.
HR 2144 (by W. Smith), In memory of Billy Glyn Carlisle of Deer Park.
HR 2147 (by W. Smith), In memory of Peggy Tieman of Highlands.
HR 2149 (by Hilderbran), In memory of Claud Bennett Jordan of Ingram.
HR 2174 was previously adopted.
HR 2177 (by Hilderbran), In memory of Charles Lee "Chuck" Orr of Kerrville.
HR 2185 (by Chavez), In memory of Dwight Lee "Shew" Shewmaker of El Paso.
HR 2186 (by Chavez), In memory of Church of God in Christ Presiding Bishop G. E. Patterson.
HR 2208 (by Harless), In memory of Kenneth Curtis Ward of Houston.
HR 2213 (by Murphy, Callegari, Elkins, and Woolley), In memory of Harris County Constable Glen D. Cheek.
HR 2232 was previously adopted.
HR 2233 was previously adopted.
HR 2235 (by Bohac), In memory of Barbara Engbrock Boyer of Houston.
The resolutions were unanimously adopted by a rising vote.
MOTIONS TO ADD NAMES
On motion of Representative Gallego, the names of all the members of the house were added to HRi434, HR 2057, HR 2058, and HR 2059 as signers thereof.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5859
On motion of Representative Vaught, the names of all the members of the house were added to HRi2052 and HR 2232 as signers thereof.
On motion of Representative Latham, the names of all the members of the house were added to HRi2213 as signers thereof.
MESSAGE FROM THE SENATE
A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 1).
(Hamilton in the chair)
(Creighton and Garcia now present)
HR 1608 - READ
(by Naishtat)
The chair laid out and had read the following previously adopted resolution:
HR 1608,iIn memory of Susan C. Cranford of Austin.
INTRODUCTION OF GUESTS
The chair recognized Representative Naishtat who introduced family members of Susan C. Cranford.
RESOLUTIONS REFERRED TO COMMITTEES
Resolutions were at this time laid before the house and referred to committees. (See the addendum to the daily journal, Referred to Committees, List No. 1.)
(Speaker in the chair)
HR 2403 - READ
(by Strama)
The chair laid out and had read the following previously adopted resolution:
HR 2403,iCongratulating D. L. "Dally" Willis on the occasion of his 87th birthday.
HR 2403 - MOTION TO ADD NAMES
On motion of Representative Gallego, the names of all the members of the house were added to HRi2403 as signers thereof.
(J. Davis and Zerwas now present)
HR 1829 - ADOPTED
(by S. King)
Representative S. King moved to suspend all necessary rules to take up and consider at this time HRi1829.
The motion prevailed.
The following resolution was laid before the house:
5860 80th LEGISLATURE — REGULAR SESSION
HR 1829, Commending the Honorable Robert D. Hunter for his service to his state as a member of the Texas House of Representatives.
HR 1829 was read and was adopted.
On motion of Speaker Craddick, the names of all the members of the house were added to HRi1829 as signers thereof.
INTRODUCTION OF GUEST
The speaker recognized Representative S. King who introduced the Honorable Robert D. Hunter.
(Puente in the chair)
HR 2475 - ADOPTED
(by Solomons)
Representative Solomons moved to suspend all necessary rules to take up and consider at this time HRi2475.
The motion prevailed.
The following resolution was laid before the house:
HR 2475, Commending the Honorable Margaret Robbins for her years of service to the Texas judicial system.
HR 2475 was read and was adopted.
On motion of Representative Solomons, the names of all the members of the house were added to HRi2475 as signers thereof.
(Hernandez and Turner now present)
HR 1942 - READ
(by Giddings and Goolsby)
The chair laid out and had read the following previously adopted resolution:
HR 1942,iHonoring former Dallas Cowboy Everson Walls for donating a kidney to his ailing former teammate, Ron Springs.
HR 1942 - MOTION TO ADD NAMES
On motion of Representatives Giddings and Hodge, the names of all the members of the house were added to HRi1942 as signers thereof.
HR 1942 - ADDRESS BY REPRESENTATIVE GIDDINGS
Thank you, Mr. Speaker and members. Representative Tony Goolsby and I talked Everson into coming today. He was driving, as a matter of fact, to Coach Eddie Robinson's funeral. He really didn't think that he needed to be recognized for doing what he thought was right and something that was an act of love. Mr. Walls, you may have been a hero when you were a Dallas Cowboy, but football is just a game. Now you really are a hero because this is life, and this is not a game. A lot of people have stood where Everson Walls stands today. Few have been more deserving of the recognition. You remind us all, Mr. Walls, that one of God's greatest gifts to mankind is the gift of friendship and that gift really does
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5861
INTRODUCTION OF GUEST
The chair recognized Representatives Giddings and Goolsby who introduced Everson Walls who briefly addressed the house.
(Speaker in the chair)
(Anchia now present)
REMARKS ORDERED PRINTED
Representative Goolsby moved to print remarks by Representative Giddings.
The motion prevailed.
HR 2230 - ADOPTED
(by Vaught)
Representative Vaught moved to suspend all necessary rules to take up and consider at this time HRi2230.
The motion prevailed.
The following resolution was laid before the house:
HR 2230, Honoring the soldiers of the 71st Brigade 36th Infantry Division for their service to our state and nation.
HR 2230 was read and was adopted.
On motion of Representatives Berman and Escobar the names of all the members of the house were added to HRi2230 as signers thereof.
HR 2488 - ADOPTED
(by Vaught)
Representative Vaught moved to suspend all necessary rules to take up and consider at this time HRi2488.
The motion prevailed.
The following resolution was laid before the house:
HR 2488, Honoring the 3rd Armored Cavalry Regiment on its receipt of a Valorous Unit Award for heroic actions in Iraq.
HR 2488 was read and was adopted.
On motion of Representatives Berman and Escobar, the names of all the members of the house were added to HRi2488 as signers thereof.
5862 80th LEGISLATURE — REGULAR SESSION
INTRODUCTION OF GUESTS
The speaker recognized Representative Vaught who introduced soldiers of the 71st Brigade 36th Infantry Division and the 3rd Armored Cavalry Regiment.
(Taylor in the chair)
INTRODUCTION OF GUESTS
The chair recognized Representative Dutton who introduced representatives of Texas Children's Hospital.
HR 2485 - ADOPTED
(by Farabee)
Representative Farabee moved to suspend all necessary rules to take up and consider at this time HRi2485.
The motion prevailed.
The following resolution was laid before the house:
HR 2485, Honoring the House Research Organization for their efforts.
HR 2485 was read and was adopted.
On motion of Representative Farabee, the names of all the members of the house were added to HRi2485 as signers thereof.
(Woolley now present)
HR 2059 - READ
(by Gallego)
The chair laid out and had read the following previously adopted resolution:
HR 2059, Honoring the members of the Moreno/Rangel Legislative Leadership Program Class of 2007.
INTRODUCTION OF GUESTS
The chair recognized Representative Gallego who introduced interns of the Moreno/Rangel Legislative Leadership Program.
(Speaker in the chair)
(Hartnett and Van Arsdale now present)
HR 2545 - ADOPTED
(by Dutton)
Representative Dutton moved to suspend all necessary rules to take up and consider at this time HRi2545.
The motion prevailed.
The following resolution was laid before the house:
HR 2545, Honoring George Thomas, general manager of KTSU-FM in Houston, for his professional achievements.
HR 2545 was read and was adopted.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5863
INTRODUCTION OF GUEST
The speaker recognized Representative Dutton who introduced George Thomas.
(Noriega now present)
HB 772 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Dutton called up with senate amendments for consideration at this time,
HB 772, A bill to be entitled An Act relating to social studies conducted in certain suits affecting the parent-child relationship.
Representative Dutton moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 772.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 772: Dutton, chair; Farrar, Hartnett, Phillips, and Thompson.
HB 1886 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Callegari called up with senate amendments for consideration at this time,
HB 1886, A bill to be entitled An Act relating to the procurement methods of certain political subdivisions and certain other entities for the construction, rehabilitation, alteration, or repair of certain projects.
Representative Callegari moved to concur in the senate amendments to HBi1886.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1735): 128 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, Y.; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, T.; Krusee; Kuempel; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon;
5864 80th LEGISLATURE — REGULAR SESSION
Nays — Latham.
Present, not voting — Mr. Speaker(C).
Absent — Anderson; Chavez; Davis, J.; Delisi; Deshotel; Hill; King, S.; Kolkhorst; Menendez; Merritt; Miles; Moreno; Mowery; Noriega; O'Day; Oliveira; Peña; Raymond; Smith, T.; Thompson.
STATEMENTS OF VOTE
When Record No. 1735 was taken, I was in the house but away from my desk. I would have voted yes.
Anderson
When Record No. 1735 was taken, I was in the house but away from my desk. I would have voted yes.
Miles
When Record No. 1735 was taken, I was temporarily out of the house chamber. I would have voted yes.
T. Smith
Senate Committee Substitute
CSHB 1886, A bill to be entitled An Act relating to the procurement methods of certain political subdivisions and certain other entities for the construction, rehabilitation, alteration, or repair of certain projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSections 271.111(7) and (10), Local Government Code, are amended to read as follows:
(7)ii"Facility" means, unless otherwise specifically provided, buildings the design and construction of which are governed by accepted building codes. The term does not include:
(A)iihighways, roads, streets, bridges, utilities, water supply projects, water plants, wastewater plants, water and wastewater distribution or conveyance facilities, wharves, docks, airport runways and taxiways, drainage projects, or related types of projects associated with civil engineering construction; or
(B)iibuildings or structures that are incidental to projects that are primarily civil engineering construction projects.
(10)ii"Governmental entity" means a municipality, county, hospital
district, water district or authority created under Section 59, Article XVI, Texas
Constitution, including a river authority or conservation and reclamation district,
or a defense base development authority established under Chapter 379B [378 as
added by Chapter 1221, Acts of the 76th Legislature, Regular Session, 1999].
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5865
SECTIONi2.iiSection 271.116, Local Government Code, is amended by adding Subsection (a-1) to read as follows:
(a-1)iiIn this section "facility" means an improvement to real property.
SECTIONi3.iiSection 271.118, Local Government Code, is amended by adding Subsection (a-1) to read as follows:
(a-1)iiIn this section "facility" means an improvement to real property.
SECTIONi4.iiSection 271.120(i), Local Government Code, is amended to read as follows:
(i)iiIf a job order contract or an order issued under the contract requires
engineering or architectural services that constitute the practice of engineering
within the meaning of Chapter 1001, Occupations Code, or the practice of
architecture within the meaning of Chapter 1051, Occupations Code, the
governmental entity shall select or designate an architect or engineer to prepare
the construction documents for the facility [those services shall be provided in
accordance with applicable law]. If the architect or engineer is not a full-time
employee of the governmental entity, the governmental entity shall select the
architect or engineer on the basis of demonstrated competence and qualifications
as provided by Section 2254.004, Government Code.
SECTIONi5.iiChapter 271, Local Government Code, is amended by adding Subchapter J to read as follows:
SUBCHAPTER J.iiDESIGN-BUILD PROCEDURES FOR CERTAIN CIVIL WORKS PROJECTS
Sec.i271.181.iiDEFINITIONS. In this subchapter:
(1)ii"Architect" means an individual registered as an architect under Chapter 1051, Occupations Code.
(2)ii"Civil works project" means:
(A)iiroads, streets, bridges, utilities, water supply projects, water plants, wastewater plants, water distribution and wastewater conveyance facilities, desalination projects, airport runways and taxiways, storm drainage and flood control projects, or transit projects;
(B)iitypes of projects or facilities related to those described by Paragraph (A) and associated with civil engineering construction; and
(C)iibuildings or structures that are incidental to projects or facilities that are described by Paragraphs (A) and (B) and that are primarily civil engineering construction projects.
(3)ii"Design-build firm" means a partnership, corporation, or other legal entity or team that includes an engineer and a construction contractor qualified to engage in civil works construction in Texas.
(4)ii"Design criteria package" means a set of documents that:
(A)iiprovides sufficient information to convey the intent, goals, criteria, and objectives of the civil works project; and
(B)iipermits a design-build firm to:
(i)iiassess the scope of work and the risk involved; and
(ii)iisubmit a proposal on the project.
(5)ii"Engineer" means an individual licensed as an engineer under Chapter 1001, Occupations Code.
5866 80th LEGISLATURE — REGULAR SESSION
(6)ii"Local governmental entity" means a municipality, a county, a river authority, a defense base development authority established under Chapter 379B, a municipally owned water utility with a separate governing board appointed by the governing body of a municipality, or any other special district or authority authorized by law to enter into a public works contract for a civil works project. The term does not include a water district or authority created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, with a population of less than 50,000.
Sec.i271.182.iiAPPLICABILITY. (a) Before September 1, 2009, this subchapter applies to a local governmental entity with a population of 500,000 or more within its geographic boundaries or service area.
(b)iiOn or after September 1, 2009, and before September 1, 2011, this subchapter applies to a local governmental entity with a population of more than 100,000 within its geographic boundaries or service area.
Sec.i271.183.iiAPPLICABILITY OF OTHER LAW. (a) The purchasing requirements of Section 361.426, Health and Safety Code, apply to purchases by a local governmental entity made under this subchapter.
(b)iiExcept as provided by this section, to the extent of any conflict, this subchapter prevails over any other law relating to the purchasing of goods and services except a law relating to contracting with historically underutilized businesses.
Sec.i271.184.iiNOTICE REQUIREMENTS. (a) A local governmental entity shall advertise or publish notice of requests for bids, proposals, or qualifications in any manner prescribed by law.
(b)iiFor a contract entered into by a local governmental entity under any of the methods provided by this subchapter, the entity shall publish notice of the time and place the bid or proposals or the request for qualifications will be received and opened in any manner prescribed by law.
Sec.i271.185.iiCONTRACTS FOR CIVIL WORKS PROJECTS: DESIGN-BUILD. (a) A local governmental entity may use the design-build method for the construction, rehabilitation, alteration, or repair of a civil works project. In using this method and in entering into a contract for the services of a design-build firm, the contracting local governmental entity and the design-build firm shall follow the procedures provided by this subchapter.
(b)iiA contract for a project under this subchapter may cover only a single integrated project. A local governmental entity may not enter into a contract for aggregated projects at multiple locations. For purposes of this subsection:
(1)iiif a metropolitan transit authority created under Chapter 451, Transportation Code, enters into a contract for a project involving a bus rapid transit system created under Chapter 451, Transportation Code, the bus rapid transit system is a single integrated project; and
(2)iia water treatment plant, including a desalination plant, that includes treatment facilities, well fields, and pipelines is a single integrated project.
(c)iiA local governmental entity shall use the following criteria as a minimum basis for determining the circumstances under which the design-build method is appropriate for a project:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5867
(1)iithe extent to which the entity can adequately define the project requirements;
(2)iithe time constraints for the delivery of the project;
(3)iithe ability to ensure that a competitive procurement can be held; and
(4)iithe capability of the entity to manage and oversee the project, including the availability of experienced personnel or outside consultants who are familiar with the design-build method of project delivery.
(d)iiA local governmental entity shall make a formal finding on the criteria described by Subsection (c) before preparing a request for qualifications under Section 271.189.
Sec.i271.186.iiLIMITATION ON NUMBER OF PROJECTS. (a) During the first four years that this subchapter applies to a local governmental entity under Section 271.182:
(1)iia local governmental entity with a population of 500,000 or more may, under this subchapter, enter into contracts for not more than three projects in any fiscal year;
(2)iia local governmental entity with a population of 100,000 or more but less than 500,000 may, under this subchapter, enter into contracts for not more than two projects in any fiscal year; and
(3)iia municipally owned water utility with a separate governing board appointed by the governing body of a municipality with a population of 500,000 or more may:
(A)iiindependently enter into a contract for not more than one civil works project in any fiscal year; and
(B)iienter into contracts for additional civil works projects in any fiscal year, but not more than the number of civil works projects prescribed by the limit in Subdivision (1) for the municipality, provided that:
(i)iithe additional contracts for the civil works projects entered into by the utility under this paragraph are allocated to the number of contracts the municipality that appoints the utility's governing board may enter under Subdivision (1); and
(ii)iithe governing body of the municipality must approve the contracts.
(b)iiAfter the period described by Subsection (a):
(1)iia local governmental entity with a population of 500,000 or more may, under this subchapter, enter into contracts for not more than six projects in any fiscal year;
(2)iia local governmental entity with a population of 100,000 or more but less than 500,000 may, under this subchapter, enter into contracts for not more than four projects in any fiscal year; and
(3)iia municipally owned water utility with a separate governing board appointed by the governing body of a municipality with a population of 500,000 or more may:
(A)iiindependently enter into contracts for not more than two civil works projects in any fiscal year; and
5868 80th LEGISLATURE — REGULAR SESSION
(B)iienter into contracts for additional civil works projects in any fiscal year, but not more than the number of civil works projects prescribed by the limit in Subdivision (1) for the municipality, provided that:
(i)iithe additional contracts for the civil works projects entered into by the utility under this paragraph are allocated to the number of contracts the municipality that appoints the utility's governing board may enter under Subdivision (1); and
(ii)iithe governing body of the municipality must approve the contracts.
(c)iiFor purposes of determining the number of eligible projects under this section, a municipally owned water utility with a separate governing board appointed by the governing body of the municipality is considered part of the municipality.
Sec.i271.187.iiUSE OF ENGINEER. (a) The local governmental entity shall select or designate an engineer who is independent of the design-build firm to act as its representative for the procurement process and for the duration of the work on the civil works project. The selected or designated engineer has full responsibility for complying with Chapter 1001, Occupations Code.
(b)iiIf the engineer is not a full-time employee of the local governmental entity, the local governmental entity shall select the engineer on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code.
Sec.i271.188.iiUSE OF OTHER PROFESSIONAL SERVICES. (a) The local governmental entity shall provide or contract for, independently of the design-build firm, the following services as necessary for the acceptance of the civil works project by the entity:
(1)iiinspection services;
(2)iiconstruction materials engineering and testing; and
(3)iiverification testing services.
(b)iiThe local governmental entity shall select the services for which it contracts under this section in accordance with Section 2254.004, Government Code.
Sec.i271.189.iiREQUEST FOR QUALIFICATIONS. (a) The local governmental entity shall prepare a request for qualifications that includes:
(1)iiinformation on the civil works project site;
(2)iiproject scope;
(3)iiproject budget;
(4)iiproject schedule;
(5)iicriteria for selection under Section 271.191 and the weighting of the criteria; and
(6)iiother information that may assist potential design-build firms in submitting proposals for the project.
(b)iiThe local governmental entity shall also prepare a design criteria package as described by Section 271.190.
Sec.i271.190.iiCONTENTS OF DESIGN CRITERIA PACKAGE. A design criteria package may include, as appropriate:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5869
(1)iibudget or cost estimates;
(2)iiinformation on the site;
(3)iiperformance criteria;
(4)iispecial material requirements;
(5)iiinitial design calculations;
(6)iiknown utilities;
(7)iicapacity requirements;
(8)iiquality assurance and quality control requirements;
(9)iithe type, size, and location of structures; and
(10)iinotice of any ordinances, rules, or goals adopted by the local governmental entity relating to awarding contracts to historically underutilized businesses.
Sec.i271.191.iiEVALUATION OF DESIGN-BUILD FIRMS. (a) The local governmental entity shall receive proposals and shall evaluate each offeror's experience, technical competence, capability to perform, the past performance of the offeror's team and members of the team, and other appropriate factors submitted by the team or firm in response to the request for qualifications, except that cost-related or price-related evaluation factors are not permitted at this stage.
(b)iiEach offeror must:
(1)iiselect or designate each engineer that is a member of its team based on demonstrated competence and qualifications, in the manner provided by Section 2254.004, Government Code; and
(2)iicertify to the local governmental entity that each selection or designation was based on demonstrated competence and qualifications, in the manner provided by Section 2254.004, Government Code.
(c)iiThe local governmental entity shall qualify offerors to submit additional information and, if the entity chooses, to interview for final selection.
Sec.i271.192.iiSELECTION OF DESIGN-BUILD FIRM. The local governmental entity shall select a design-build firm using a combination of technical and cost proposals as provided by Section 271.193.
Sec.i271.193.iiPROCEDURES FOR COMBINATION OF TECHNICAL AND COST PROPOSALS. (a) A local governmental entity shall request proposals from design-build firms identified under Section 271.191(c). A firm must submit a proposal not later than the 180th day after the date the local governmental entity makes a public request for the proposals from the selected firms. The request for proposals must include:
(1)iia design criteria package;
(2)iiif the project site is identified, a geotechnical baseline report or other information that provides the design-build firm minimum geotechnical design parameters to submit a proposal;
(3)iidetailed instructions for preparing the technical proposal and the items to be included, including a description of the form and level of completeness of drawings expected; and
(4)iithe relative weighting of the technical and price proposals and the formula by which the proposals will be evaluated and ranked.
5870 80th LEGISLATURE — REGULAR SESSION
(b)iiThe technical proposal is a component of the proposal under this section.
(c)iiEach proposal must include a sealed technical proposal and a separate sealed cost proposal.
(d)iiThe technical proposal must address:
(1)iiproject approach;
(2)iianticipated problems;
(3)iiproposed solutions to anticipated problems;
(4)iiability to meet schedules;
(5)iiconceptual engineering design; and
(6)iiother information requested by the local governmental entity.
(e)iiThe local governmental entity shall first open, evaluate, and score each responsive technical proposal submitted on the basis of the criteria described in the request for proposals and assign points on the basis of the weighting specified in the request for proposals. The local governmental entity may reject as nonresponsive any firm that makes a significant change to the composition of its firm as initially submitted. The local governmental entity shall subsequently open, evaluate, and score the cost proposals from firms that submitted a responsive technical proposal and assign points on the basis of the weighting specified in the request for proposals. The local governmental entity shall select the design-build firm in accordance with the formula provided in the request for proposals.
Sec.i271.194.iiNEGOTIATION. After selecting the highest ranked design-build firm under Section 271.193, the local governmental entity shall first attempt to negotiate a contract with the selected firm. If the local governmental entity is unable to negotiate a satisfactory contract with the selected firm, the entity shall, formally and in writing, end all negotiations with that firm and proceed to negotiate with the next firm in the order of the selection ranking until a contract is reached or negotiations with all ranked firms end.
Sec.i271.195.iiASSUMPTION OF RISKS. The local governmental entity shall assume:
(1)iiall risks and costs associated with:
(A)iiscope changes and modifications, as requested by the local governmental entity;
(B)iiunknown or differing site conditions unless otherwise provided by the local governmental entity in the request for proposals and final contract;
(C)iiregulatory permitting, if the local governmental entity is responsible for those risks and costs by law or contract; and
(D)iinatural disasters and other force majeure events unless otherwise provided by the local governmental entity in the request for proposals and final contract; and
(2)iiall costs associated with property acquisition, excluding costs associated with acquiring a temporary easement or work area associated with staging or construction for the project.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5871
Sec.i271.196.iiSTIPEND AMOUNT FOR UNSUCCESSFUL OFFERORS. (a) Unless a stipend is paid under Subsection (c), the design-build firm retains all rights to the work product submitted in a proposal. The governmental entity shall return all copies of the proposal and other information submitted to an unsuccessful offeror. The local governmental entity may not make use of any unique or nonordinary design element, technique, method, or process contained in the unsuccessful proposal that was not also contained in the successful proposal at the time of the original submittal, unless the entity acquires a license from the unsuccessful offeror.
(b)iiEach employee and agent of the local governmental entity must enter into a confidentiality agreement that prohibits the disclosure of the contents of the unsuccessful proposal with any other party, including the successful offeror. Any violation of a confidentiality agreement or any use by the local governmental entity of a unique or nonordinary design element, technique, method, or process covered by a confidentiality agreement may be enforced by an injunctive or declaratory action. The local governmental entity is liable to any unsuccessful offeror, or any member of the design-build team or its assignee, for one-half of the cost savings associated with the unauthorized use of the work product of the unsuccessful offeror.
(c)iiThe local governmental entity may offer an unsuccessful design-build firm that submits a response to the entity's request for additional information under Section 271.193 a stipend for preliminary engineering costs associated with the development of the proposal. The stipend must be one-half of one percent of the contract amount and must be specified in the initial request for proposals. If the offer is accepted and paid, the local governmental entity may make use of any work product contained in the proposal, including the techniques, methods, processes, and information contained in the proposal. The use by the local governmental entity of any design element contained in an unsuccessful proposal is at the sole risk and discretion of the entity and does not confer liability on the recipient of the stipend under this subsection.
Sec.i271.197.iiCOMPLETION OF DESIGN. (a) Following selection of a design-build firm under this subchapter, the firm's engineers shall submit all design elements for review and determination of scope compliance to the local governmental entity before or concurrently with construction.
(b)iiAn appropriately licensed design professional shall sign and seal construction documents before the documents are released for construction.
Sec.i271.198.iiFINAL CONSTRUCTION DOCUMENTS. At the conclusion of construction, the design-build firm shall supply to the local governmental entity a record set of construction documents for the project prepared as provided by Chapter 1001, Occupations Code.
Sec.i271.199.iiPERFORMANCE OR PAYMENT BOND. (a) A payment or performance bond is not required for the portion of a design-build contract under this section that includes design services only.
5872 80th LEGISLATURE — REGULAR SESSION
(b)iiIf a fixed contract amount or guaranteed maximum price has not been determined at the time a design-build contract is awarded, the penal sums of the performance and payment bonds delivered to the local governmental entity must each be in an amount equal to the construction budget, as specified in the design criteria package.
(c)iiIf the local governmental entity awards a design-build contract under Section 271.193, the design-build firm shall deliver the bonds not later than the 10th day after the date the design-build firm executes the contract unless the design-build firm furnishes a bid bond or other financial security acceptable to the local governmental entity to ensure that the design-build firm will furnish the required performance and payment bonds before the commencement of construction.
SECTIONi6.iiChapter 271.112, Local Government Code, is amended by adding Subsection (g) to read as follows:
(g)iiIf the contract for a facility involves the use of state or federal highway funds, the purchasing requirements of the appropriate state or federal funding entity apply, unless otherwise waived by the appropriate state or federal funding entity.
SECTIONi7.iiSection 271.904(a), Local Government Code, is amended to read as follows:
(a)iiA covenant or promise in, in connection with, or collateral to a contract
for engineering or architectural services to which a governmental agency is a
party is void and unenforceable if the covenant or promise provides that a
licensed engineer or registered architect whose work product is the subject of the
contract must indemnify, [or] hold harmless, or defend the governmental agency
against liability for damage, other than liability for damage that is caused by or
results from an act of [the] negligence, intentional tort, intellectual property
infringement, or failure to pay a subcontractor or supplier committed by [of] the
indemnitor or the indemnitor's agent, consultant under contract, or another entity
over which the indemnitor exercises control [governmental agency or its agent or
employee].
SECTIONi8.iiSection 44.041(i), Education Code, is amended to read as follows:
(i)iiIf a job order contract or an order issued under the contract requires
engineering or architectural services that constitute the practice of engineering
within the meaning of Chapter 1001, Occupations Code, or the practice of
architecture within the meaning of Chapter 1051, Occupations Code, the district
shall select or designate an architect or engineer to prepare the construction
documents for the facility [those services shall be provided in accordance with
applicable law]. If the architect or engineer is not a full-time employee of the
district, the district shall select the architect or engineer on the basis of
demonstrated competence and qualifications as provided by Section 2254.004,
Government Code.
SECTIONi9.iiSection 46.008, Education Code, is amended to read as follows:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5873
Sec.i46.008.iiSTANDARDS. (a) The commissioner shall establish standards for adequacy of school facilities. The standards must include requirements related to space, educational adequacy, and construction quality. All new facilities constructed after September 1, 1998, must meet the standards to be eligible to be financed with state or local tax funds.
(b)iiAny portable, modular building capable of being relocated that is purchased or leased after September 1, 2007, for use as a school facility, regardless of whether the building is an industrialized building as defined by Section 1202.003, Occupations Code, must be inspected as provided by Subchapter E, Chapter 1202, Occupations Code, to ensure compliance with the mandatory building codes or approved designs, plans, and specifications.
SECTIONi10.iiSection 51.784(i), Education Code, is amended to read as follows:
(i)iiIf a job order contract or an order issued under the contract requires
engineering or architectural services that constitute the practice of engineering
within the meaning of Chapter 1001, Occupations Code, or the practice of
architecture within the meaning of Chapter 1051, Occupations Code, the board
shall select or designate an architect or engineer to prepare the construction
documents for the facility [those services shall be provided in accordance with
applicable law]. If the architect or engineer is not a full-time employee of the
institution, the board shall select the architect or engineer on the basis of
demonstrated competence and qualifications as provided by Section 2254.004,
Government Code.
SECTIONi11.iiSubchapter A, Chapter 2254, Government Code, is amended by adding Section 2254.007 to read as follows:
Sec.i2254.007.iiDECLARATORY OR INJUNCTIVE RELIEF. (a) This subchapter may be enforced through an action for declaratory or injunctive relief filed not later than the 10th day after the date a contract is awarded.
(b)iiThis section does not apply to the enforcement of a contract entered into by a state agency as that term is defined by Section 2151.002. In this subsection, "state agency" includes the Texas Building and Procurement Commission.
SECTIONi12.iiSection 2254.003(b), Government Code, is amended to read as follows:
(b)iiThe professional fees under the contract[:
[(1)iimust be consistent with and not higher than the recommended
practices and fees published by the applicable professional associations; and
[(2)]iimay not exceed any maximum provided by law.
SECTIONi13.iiSection 431.101(g), Transportation Code, is amended to read as follows:
(g)iiA local government corporation [created by a navigation district] must
comply with all state law related to the design and construction of projects,
including the procurement of design and construction services, that applies to the
local government [navigation district] that created the corporation.
SECTIONi14.iiSubchapter D, Chapter 431, Transportation Code, is amended by adding Section 431.110 to read as follows:
5874 80th LEGISLATURE — REGULAR SESSION
Sec.i431.110.iiCOMPETITIVE BIDDING EXCEPTION FOR CERTAIN IMPROVEMENTS. Any competitive bidding requirement or restriction on a local government that created a local government corporation does not apply to an expenditure by the local government corporation for:
(1)iian improvement:
(A)iithat is constructed in a reinvestment zone; and
(B)iithe construction of which is managed by a private venture participant; or
(2)iian improvement constructed by the corporation for which more than 50 percent of the construction is funded by a private entity.
SECTIONi15.iiSection 60.452, Water Code, is amended by adding Subsection (c) to read as follows:
(c)iiSubchapter J, Chapter 271, Local Government Code, does not apply to this subchapter.
SECTIONi16.iiSection 60.464(i), Water Code, is amended to read as follows:
(i)iiIf a job order contract or an order issued under the contract requires
engineering or architectural services that constitute the practice of engineering
within the meaning of Chapter 1001, Occupations Code, or the practice of
architecture within the meaning of Chapter 1051, Occupations Code, the district
shall select or designate an architect or engineer to prepare the construction
documents for the facility [those services shall be provided in accordance with
applicable law]. If the architect or engineer is not a full-time employee of the
district, the district shall select the architect or engineer on the basis of
demonstrated competence and qualifications as provided by Section 2254.004,
Government Code.
SECTIONi17.iiThe changes in law made by this Act apply only to a contract for which a request for proposals or a request for qualifications is first published or distributed on or after the effective date of this Act. A contract for which a request for proposals or a request for qualifications is first published or distributed before the effective date of this Act is governed by the law in effect at the time the request is published or distributed, and the former law is continued in effect for that purpose.
SECTIONi18.iiThis Act takes effect September 1, 2007.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 1886 (committee printing) as follows:
(1)iiAdd the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTIONi____.iiSection 252.021(a), Local Government Code, is amended to read as follows:
(a)iiBefore a municipality may enter into a contract that requires an expenditure of more than $25,000 from one or more municipal funds, the municipality must:
(1)iicomply with the procedure prescribed by this subchapter and Subchapter C for competitive sealed bidding or competitive sealed proposals;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5875
(2)iiuse the reverse auction procedure, as defined by Section 2155.062(d), Government Code, for purchasing; or
(3)iicomply with a method described by Subchapter H or J, Chapter 271.
(2)iiIn SECTION 5 of the bill, in added Section 271.196, Local Government Code (page 6, lines 16-36), strike Subsections (a) and (b) and substitute the following:
(a)iiUnless a stipend is paid under Subsection (c), the design-build firm retains all rights to the work product submitted in a proposal. The local governmental entity may not release or disclose to any person, including the successful offeror, the work product contained in an unsuccessful proposal. The local governmental entity shall return all copies of the proposal and other information submitted to an unsuccessful offeror. The local governmental entity or its agents may not make use of any unique or nonordinary design element, technique, method, or process contained in the unsuccessful proposal that was not also contained in the successful proposal at the time of the original submittal, unless the entity acquires a license from the unsuccessful offeror.
(b)iiA violation of this section voids the contract for the project entered into by the local governmental entity. The local governmental entity is liable to any unsuccessful offeror, or any member of the design-build team or its assignee, for one-half of the cost savings associated with the unauthorized use of the work product of the unsuccessful offeror. Any interested party may bring an action for an injunction, declaratory relief, or damages for a violation of this section. A party who prevails in an action under this subsection is entitled to reasonable attorney's fees as approved by the court.
(3)iiIn SECTION 5 of the bill, at the end of added Section 271.196, Local Government Code (page 6, between lines 50 and 51), insert the following:
(d)iiNotwithstanding other law, including Chapter 552, Government Code, work product contained in an unsuccessful proposal submitted and rejected under this subchapter is confidential and may not be released unless a stipend offer has been accepted and paid as provided by Subsection (c).
(4)iiIn SECTION 5 of the bill, added Section 271.199(b), Local Government Code (page 7, line 3), between "budget" and the comma, insert ", if commercially available and practical".
(5)iiAdd the following appropriately numbered SECTION and renumber subsequent SECTIONS of the bill accordingly:
SECTIONi____.iiSection 791.011, Government Code, is amended by adding Subsection (h) to read as follows:
(h)iiAn interlocal contract between a governmental entity and a purchasing cooperative may not be used to purchase engineering or architectural services.
Senate Amendment No. 2 (Senate Floor Amendment No. 3)
Amend the Senate Committee Substitute to HB 1886 (Senate committee printing), Sec. 271.181 on page 2, line 34 by inserting after "include" the words "a regional tollway authority created under Chapter 366, Transportation Code; a regional mobility authority created under Chapter 370, Transportation Code; or".
5876 80th LEGISLATURE — REGULAR SESSION
HB 1146 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Bonnen called up with senate amendments for consideration at this time,
HB 1146, A bill to be entitled An Act relating to the authority of small cities to conduct elections only by mail.
Representative Bonnen moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 1146.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 1146: Bonnen, chair; Berman, Castro, Flynn, and Hardcastle.
HB 147 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Phillips called up with senate amendments for consideration at this time,
HB 147, A bill to be entitled An Act relating to the deferral of an administrative penalty imposed by the Texas Commission on Environmental Quality against certain utilities and districts.
Representative Phillips moved to concur in the senate amendments to HBi147.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1736): 139 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Morrison; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Phillips; Pickett; Pierson; Pitts; Puente;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5877
Present, not voting — Mr. Speaker(C).
Absent — Geren; Hill; Kolkhorst; Miles; Moreno; Mowery; Oliveira; Peña; Smith, T.; Villarreal.
STATEMENT OF VOTE
When Record No. 1736 was taken, I was temporarily out of the house chamber. I would have voted yes.
T. Smith
Senate Committee Substitute
CSHB 147, A bill to be entitled An Act relating to the deferral of an administrative penalty imposed by the Texas Commission on Environmental Quality against certain utilities and districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter B, Chapter 7, Water Code, is amended by adding Section 7.034 to read as follows:
Sec.i7.034.iiDEFERRAL OF PENALTY FOR CERTAIN UTILITY FACILITIES. (a) In this section:
(1)ii"District" means any district or authority created under either Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution, regardless of how created. The term "district" shall not include any navigation district or port authority created under general or special law or any conservation and reclamation district governed by Chapter 36 unless a special law creating the district or amending the law creating the district states that Chapter 49 applies to the district.
(2)ii"Municipally owned utility" and "water supply or sewer service corporation" have the meanings assigned by Section 13.002.
(b)iiThe commission may allow a municipally owned utility, a water supply or sewer service corporation, or a district to defer the payment of all or part of an administrative penalty imposed under Subchapter C for a violation on the condition that the entity complies with all provisions for corrective action in a commission order to address the violation.
(c)iiIn determining whether deferral of a penalty under this section is appropriate, the commission shall consider the factors to be considered under Section 7.053 and the following factors:
(1)iithe financial position of the entity and its ability to reasonably pay the costs of corrective action under the terms of a commission order;
(2)iirisks to public health and the environment of any delay in addressing the corrective actions as a result of limited financial resources;
(3)iialternatives reasonably available to the entity for paying both the costs of corrective action and the penalty; and
(4)iipotential effects of the payment of the penalty on other essential public health and safety services for which the entity is responsible.
5878 80th LEGISLATURE — REGULAR SESSION
(d)iiAt the discretion of the commission, any penalty deferred under this section becomes due and payable on a commission determination that the entity is not in compliance with a provision for corrective action in a commission order to address the violation.
SECTIONi2.iiSection 7.034, Water Code, as added by this Act, applies only to a violation that occurs on or after the effective date of this Act. A violation that occurs before the effective date of this Act is covered by the law in effect on the date the violation occurred, and the former law is continued in effect for that purpose.
SECTIONi3.iiThis Act takes effect September 1, 2007.
HB 191 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Miller called up with senate amendments for consideration at this time,
HB 191, A bill to be entitled An Act relating to fees for issuance of specialty license plates to members and former members of the United States armed forces and their surviving spouses.
Representative Miller moved to concur in the senate amendments to HBi191.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1737): 140 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Morrison; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent — Deshotel; Hill; Kolkhorst; Miles; Moreno; Mowery; Oliveira; Pierson; Smith, T.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5879
STATEMENTS OF VOTE
When Record No. 1737 was taken, I was in the house but away from my desk. I would have voted yes.
Miles
When Record No. 1737 was taken, I was temporarily out of the house chamber. I would have voted yes.
T. Smith
Senate Committee Substitute
CSHB 191, A bill to be entitled An Act relating to fees for issuance of specialty license plates to members and former members of the United States armed forces and their surviving spouses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSections 502.184(b), (c), and (d), Transportation Code, are amended to read as follows:
(b)iiNo fee is required for the replacement of lost, stolen, or mutilated specialized license plates issued under Sections 504.308 and 504.315(e) and (f). The fee for replacement of certain specialized license plates is:
| License plates issued under: | Fee: | |
| [ |
||
| [ |
||
| Section [ |
$2 | |
| Section 504.409 | $9 |
(c)iiThe fee for replacement of license plates issued under Section 504.507
[502.280] is the amount prescribed by the department as necessary to recover the
cost of providing the replacement plates.
(d)iiIf license plates approved under Section 504.501(b) or 504.502(c)
[502.274(b)] are lost, stolen, or mutilated, the owner of the vehicle may obtain
approval of another set of license plates as provided by Section 504.501 or
504.502, respectively [502.274]. The fee for approval of replacement license
plates is $5.
SECTIONi2.iiSubchapter D, Chapter 504, Transportation Code, is amended by adding Section 504.3015 to read as follows:
Sec.i504.3015.iiFEES FOR MILITARY SPECIALTY LICENSE PLATES. (a) A person applying for a set of license plates under this subchapter shall pay the registration fee required under Chapter 502 and the applicable special plate fee required under this section, except that one set of license plates shall be issued under Section 504.308 or 504.315 without the payment of the registration fee.
(b)iiThe fee for the issuance of one set of specialty license plates issued under Section 504.315(c), (d), or (g) is $3. There is no additional fee for a specialty license plate issued under another provision of this subchapter.
(c)iiA surviving spouse applying for a set of license plates under Section 504.302 shall pay the fees required for the type of license plate for which the surviving spouse is eligible.
SECTIONi3.iiSection 504.305(a), Transportation Code, is amended to read as follows:
5880 80th LEGISLATURE — REGULAR SESSION
(a)iiThe department shall issue [without charge] specialty license plates for:
(1)iiactive members of the Texas National Guard or Texas State Guard;
(2)iiretired members of the Texas National Guard or Texas State Guard who have completed 20 or more years of satisfactory federal service; and
(3)iimembers of a reserve component of the United States armed forces.
SECTIONi4.iiSection 504.306, Transportation Code, is amended to read as follows:
Sec.i504.306.iiPERSONS RETIRED FROM SERVICE IN MERCHANT
MARINE OF THE UNITED STATES. [(a)] The department shall issue
specialty license plates for persons retired from service in the merchant marine of
the United States. The license plates must include the words "Merchant Marine."
[A person may be issued only one set of license plates under this section.
[(b)iiThe fee for issuance of the license plates is $10.]
SECTIONi5.iiSection 504.309, Transportation Code, is amended to read as follows:
Sec.i504.309.iiMILITARY ACADEMY LICENSE PLATES. The
department shall issue [without charge] specialty license plates for persons who:
(1)iiare graduates of the United States Military Academy, the United States Naval Academy, or the United States Air Force Academy; and
(2)iiare current or former commissioned officers of the United States armed forces.
SECTIONi6.iiSection 504.310, Transportation Code, is amended to read as follows:
Sec.i504.310.iiWORLD WAR II VETERANS. The department shall issue
[without charge] specialty license plates for persons who served in the United
States or Allied armed forces during World War II. The license plates must
include the words "WWII Veteran."
SECTIONi7. iSection 504.311, Transportation Code, is amended to read as follows:
Sec.i504.311.iiKOREAN WAR VETERANS. The department shall issue
[without charge] specialty license plates for persons who served in the United
States armed forces after June 26, 1950, and before February 1, 1955. License
plates issued under this section must include the words "Korea Veteran."
SECTIONi8.iiSection 504.312(a), Transportation Code, is amended to read as follows:
(a)iiThe department shall issue [without charge] specialty license plates for
persons who served in the United States armed forces during:
(1)iithe period beginning on February 28, 1961, and ending on May 7, 1975, in the case of a veteran who served in the Republic of Vietnam during that period; or
(2)iithe period beginning on August 5, 1964, and ending on May 7, 1975, in all other cases.
SECTIONi9.iiSection 504.313, Transportation Code, is amended to read as follows:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5881
Sec.i504.313.iiDESERT SHIELD OR DESERT STORM VETERANS. The
department shall issue [without charge] specialty license plates for persons who
served in the United States armed forces after August 1, 1990, and before April
12, 1991. License plates issued under this section must include the words "Desert
Storm."
SECTIONi10.iiSection 504.3135, Transportation Code, is amended to read as follows:
Sec.i504.3135.iiOPERATION IRAQI FREEDOM. The department shall
issue [without charge] specialty license plates for persons who served in the
United States armed forces and participated in Operation Iraqi Freedom. License
plates issued under this section must include the words "Operation Iraqi
Freedom."
SECTIONi11.iiSection 504.314, Transportation Code, is amended to read as follows:
Sec.i504.314.iiENDURING FREEDOM VETERANS. The department
shall issue [without charge] specialty license plates for persons who served in the
United States armed services and participated in Operation Enduring Freedom.
The license plates must include the words "Enduring Freedom."
SECTIONi12.iiSection 504.315, Transportation Code, is amended by adding Subsection (h) to read as follows:
(h)iiA vehicle registered under this section must be for the use of the applicant who qualifies under this section.
SECTIONi13.iiSections 504.303(b), 504.304(c), 504.307(c), 504.308(b), and 504.315(a) and (b), Transportation Code, are repealed.
SECTIONi14.iiThis Act is intended to provide consistency and uniformity in the amounts charged for the issuance of specialty plates to members and former members of the United States armed forces or surviving spouses. To the extent this Act is inconsistent with a fee charged for the issuance of a similar specialty plate under a provision added to Subchapter D, Chapter 504, Transportation Code, by another Act of the 80th Legislature, Regular Session, this Act controls.
SECTIONi15.iiThis Act takes effect September 1, 2007.
HB 460 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Miller called up with senate amendments for consideration at this time,
HB 460, A bill to be entitled An Act relating to the offense of fraudulent use or possession of a person's identifying information.
Representative Miller moved to concur in the senate amendments to HBi460.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1738): 136 Yeas, 0 Nays, 1 Present, not voting.
5882 80th LEGISLATURE — REGULAR SESSION
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Phillips; Pickett; Pierson; Pitts; Puente; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent — Bolton; Castro; Deshotel; Giddings; Hill; Hochberg; Kolkhorst; Miles; Moreno; Oliveira; Peña; Quintanilla; Smith, T.
STATEMENTS OF VOTE
When Record No. 1738 was taken, I was in the house but away from my desk. I would have voted yes.
Castro
When Record No. 1738 was taken, I was in the house but away from my desk. I would have voted yes.
Miles
When Record No. 1738 was taken, I was temporarily out of the house chamber. I would have voted yes.
T. Smith
Senate Committee Substitute
CSHB 460, A bill to be entitled An Act relating to the offense of fraudulent use or possession of a person's identifying information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 32.51(a)(1), Penal Code, is amended to read as follows:
(1)ii"Identifying information" means information that alone or in
conjunction with other information identifies a person [an individual], including a
person's [an individual's]:
(A)iiname and[,] social security number, date of birth, or [and]
government-issued identification number;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5883
(B)iiunique biometric data, including the person's [individual's]
fingerprint, voice print, or [and] retina or iris image;
(C)iiunique electronic identification number, address, [and] routing
code, or financial institution account number; and
(D)iitelecommunication identifying information or access device.
SECTIONi2.iiSections 32.51(b), (c), and (e), Penal Code, are amended to read as follows:
(b)iiA person commits an offense if the person, with the intent to harm or defraud another, obtains, possesses, transfers, or uses an item of identifying information of:
(1)iia deceased natural person, including a stillborn infant or fetus, without legal authorization; or
(2)iianother person without the other person's consent [and with intent
to harm or defraud another].
(c)iiAn offense under this section is:
(1)iia state jail felony if the number of items obtained, possessed, transferred, or used is less than five;
(2)iia felony of the third degree if the number of items obtained, possessed, transferred, or used is five or more but less than 10;
(3)iia felony of the second degree if the number of items obtained, possessed, transferred, or used is 10 or more but less than 50; or
(4)iia felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more.
(e)iiIf conduct that constitutes an offense under this section also constitutes
an offense under any other law, the actor may be prosecuted under this section,
[or] the other law, or both.
SECTION 3.iiThe change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.
SECTION 4.iiThis Act takes effect September 1, 2007.
HR 2576 - NOTICE OF INTRODUCTION
Pursuant to the provisions of Rule 13, Section 9(f) of the House Rules, the speaker announced the introduction of HR 2576, suspending the limitations on the conferees for HBi2261.
(Miles and T. Smith now present)
HB 586 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Gonzalez Toureilles called up with senate amendments for consideration at this time,
HB 586, A bill to be entitled An Act relating to eligibility for dismissal of certain speeding charges on completion of a driving safety course.
5884 80th LEGISLATURE — REGULAR SESSION
Representative Gonzalez Toureilles moved to concur in the senate amendments to HBi586.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1739): 140 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Corte; Crabb; Creighton; Crownover; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent — Anderson; Cook, R.; Darby; Guillen; Hopson; Kolkhorst; Moreno; Oliveira; Pickett.
STATEMENT OF VOTE
When Record No. 1739 was taken, my vote failed to register. I would have voted yes.
Guillen
Senate Amendment No. 1 (Senate Committee Amendment No. 1)
Amend HB 586 as follows:
(1)iiIn the introductory language of SECTION 1 of the bill (House engrossment page 1, lines 5 and 6), strike "Article 45.0511(b), Code of Criminal Procedure, is amended" and substitute "Articles 45.0511(b) and (c), Code of Criminal Procedure, are amended".
(2)iiIn SECTION 1 of the bill, in Subdivision (2)(B), Subsection (b), Article 45.0511, Code of Criminal Procedure (House engrossment page 1, line 19), between "member" and "of", insert ",ior the spouse or dependent child of a member,".
(3)iiIn SECTION 1 of the bill, in Subdivision (4)(B), Subsection (b), Article 45.0511, Code of Criminal Procedure, (House engrossment page 2, line 10), between "member" and "of", insert ",ior the spouse or dependent child of a member,".
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5885
(4)iiAt the end of SECTION 1 of the bill (House engrossment page 2, between lines 18 and 19), insert the following:
(c)iiThe court shall enter judgment on the defendant's plea of no contest or guilty at the time the plea is made, defer imposition of the judgment, and allow the defendant 90 days to successfully complete the approved driving safety course or motorcycle operator training course and present to the court:
(1)iia uniform certificate of completion of the driving safety course or a verification of completion of the motorcycle operator training course;
(2)iiunless the judge proceeds under Subsection (c-1), the defendant's driving record as maintained by the Department of Public Safety, if any, showing that the defendant had not completed an approved driving safety course or motorcycle operator training course, as applicable, within the 12 months preceding the date of the offense;
(3)iian affidavit stating that the defendant was not taking a driving safety course or motorcycle operator training course, as applicable, under this article on the date the request to take the course was made and had not completed such a course that is not shown on the defendant's driving record within the 12 months preceding the date of the offense; and
(4)iiif the defendant does not have a valid Texas driver's license or permit and is a member, or the spouse or dependent child of a member, of the United States military forces serving on active duty, an affidavit stating that the defendant was not taking a driving safety course or motorcycle operator training course, as appropriate, in another state on the date the request to take the course was made and had not completed such a course within the 12 months preceding the date of the offense.
HB 1066 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Delisi called up with senate amendments for consideration at this time,
HB 1066, A bill to be entitled An Act relating to health information technology and the creation of the Texas Health Services Authority.
Representative Delisi moved to concur in the senate amendments to HBi1066.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1740): 139 Yeas, 4 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill;
5886 80th LEGISLATURE — REGULAR SESSION
Nays — Crabb; Harper-Brown; Phillips; Riddle.
Present, not voting — Mr. Speaker(C).
Absent — Flores; Kolkhorst; Menendez; Moreno; Oliveira; Raymond.
STATEMENT OF VOTE
I was shown voting yes on Record No. 1740. I intended to vote no.
Flynn
Senate Committee Substitute
CSHB 1066, A bill to be entitled An Act relating to health information technology and the creation of the Texas Health Services Authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubtitle I, Title 2, Health and Safety Code, is amended by adding Chapter 182 to read as follows:
CHAPTER 182. TEXAS HEALTH SERVICES AUTHORITY
SUBCHAPTER A. GENERAL PROVISIONS
Sec.i182.001.iiPURPOSE. This chapter establishes the Texas Health Services Authority as a public-private collaborative to implement the state-level health information technology functions identified by the Texas Health Information Technology Advisory Committee by serving as a catalyst for the development of a seamless electronic health information infrastructure to support the health care system in the state and to improve patient safety and quality of care.
Sec.i182.002.iiDEFINITIONS. In this chapter:
(1)ii"Board" means the board of directors of the corporation.
(2)ii"Corporation" means the Texas Health Services Authority.
(3)ii"De-identified protected health information" means protected health information that is not individually identifiable health information as that term is defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5887
(4)ii"Individually identifiable health information" means individually identifiable health information as that term is defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E.
(5)ii"Physician" means:
(A)iian individual licensed to practice medicine in this state under the authority of Subtitle B, Title 3, Occupations Code;
(B)iia professional entity organized in conformity with Title 7, Business Organizations Code, and permitted to practice medicine under Subtitle B, Title 3, Occupations Code;
(C)iia partnership organized in conformity with Title 4, Business Organizations Code, composed entirely of individuals licensed to practice medicine under Subtitle B, Title 3, Occupations Code;
(D)iian approved nonprofit health corporation certified under Chapter 162, Occupations Code;
(E)iia medical school or medical and dental unit, as defined or described by Section 61.003, 61.501, or 74.601, Education Code, that employs or contracts with physicians to teach or provide medical services or employs physicians and contracts with physicians in a practice plan; or
(F)iian entity wholly owned by individuals licensed to practice medicine under Subtitle B, Title 3, Occupations Code.
(6)ii"Protected health information" means protected health information as that term is defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E.
[Sections 182.003-182.050 reserved for expansion]
SUBCHAPTER B. ADMINISTRATION
Sec.i182.051.iiTEXAS HEALTH SERVICES AUTHORITY; PURPOSE. (a) The corporation is established to:
(1)iipromote, implement, and facilitate the voluntary and secure electronic exchange of health information; and
(2)iicreate incentives to promote, implement, and facilitate the voluntary and secure electronic exchange of health information.
(b)iiThe corporation is a public nonprofit corporation and, except as otherwise provided in this chapter, has all the powers and duties incident to a nonprofit corporation under the Business Organizations Code.
(c)iiThe corporation is subject to state law governing nonprofit corporations, except that:
(1)iithe corporation may not be placed in receivership; and
(2)iithe corporation is not required to make reports to the secretary of state under Section 22.357, Business Organizations Code.
(d)iiExcept as otherwise provided by law, all expenses of the corporation shall be paid from income of the corporation.
(e)iiThe corporation is subject to Chapter 551, Government Code.
5888 80th LEGISLATURE — REGULAR SESSION
Sec.i182.052.iiAPPLICATION OF SUNSET ACT. The corporation is subject to Chapter 325, Government Code. Unless continued in existence as provided by that chapter, the corporation is abolished and this chapter expires September 1, 2011. The governor may order the dissolution of the corporation at any time the governor declares that the purposes of the corporation have been fulfilled or that the corporation is inoperative or abandoned.
Sec.i182.053.iiCOMPOSITION OF BOARD OF DIRECTORS. (a) The corporation is governed by a board of 11 directors appointed by the governor, with the advice and consent of the senate.
(b)iiThe governor shall also appoint at least two ex officio, nonvoting members representing the Department of State Health Services.
(c)iiThe governor shall appoint as voting board members individuals who represent consumers, clinical laboratories, health benefit plans, hospitals, regional health information exchange initiatives, pharmacies, physicians, or rural health providers, or who possess expertise in any other area the governor finds necessary for the successful operation of the corporation.
(d)iiAn individual may not serve on the board of the corporation if the individual serves on the board of any other governmental body in this state.
(e)iiAppointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
(f)iiAn individual may not serve on the board of the corporation, in any capacity, if the individual has made a gift or grant, in cash or in kind, to the corporation.
(g)iiAn individual may not serve on the board of the corporation, in any capacity, if the individual is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession or entity that is engaged in the providing of health care, the review or analysis of health care, the payment for health care services or procedures, or the providing of information technology.
Sec.i182.054.iiTERMS OF OFFICE. Appointed members of the board serve two-year terms and may continue to serve until a successor has been appointed by the governor.
Sec.i182.055.iiEXPENSES. Members of the board serve without compensation but are entitled to reimbursement for actual and necessary expenses in attending meetings of the board or performing other official duties authorized by the presiding officer.
Sec.i182.056.iiOFFICERS; CONFLICT OF INTEREST. (a) The governor shall designate a member of the board as presiding officer to serve in that capacity at the pleasure of the governor.
(b)iiAny board member or a member of a committee formed by the board with direct interest in a matter, personally or through an employer, before the board shall abstain from deliberations and actions on the matter in which the conflict of interest arises and shall further abstain on any vote on the matter, and may not otherwise participate in a decision on the matter.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5889
(c)iiEach board member shall file a conflict of interest statement and a statement of ownership interests with the board to ensure disclosure of all existing and potential personal interests related to board business.
Sec.i182.057. PROHIBITION ON CERTAIN CONTRACTS AND EMPLOYMENT. The board may not compensate, employ, or contract with any individual who serves as a member of the board or advisory council to any other governmental body, including any agency, council, or committee, in this state.
Sec.i182.058.iiMEETINGS. (a) The board may meet as often as necessary, but shall meet at least twice a year.
(b)iiThe board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the authority of the corporation.
Sec.i182.059.iiCHIEF EXECUTIVE OFFICER; PERSONNEL. The board may hire a chief executive officer. Under the direction of the board, the chief executive officer shall perform the duties required by this chapter or designated by the board. The chief executive officer may hire additional staff to carry out the responsibilities of the corporation.
Sec.i182.060.iiTECHNOLOGY POLICY. The board shall implement a policy requiring the corporation to use appropriate technological solutions to improve the corporation's ability to perform its functions. The policy must ensure that the public is able to interact with the corporation on the Internet.
Sec.i182.061.iiLIABILITIES OF AUTHORITY. Liabilities created by the corporation are not debts or obligations of the state, and the corporation may not secure any liability with funds or assets of the state except as otherwise provided by law.
Sec.i182.062.iiBOARD MEMBER IMMUNITY. (a) A board member may not be held civilly liable for an act performed, or omission made, in good faith in the performance of the member's powers and duties under this chapter.
(b)iiA cause of action does not arise against a member of the board for an act or omission described by Subsection (a).
[Sections 182.063-182.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec.i182.101.iiThe corporation may:
(1)iiestablish statewide health information exchange capabilities, including capabilities for electronic laboratory results, diagnostic studies, and medication history delivery, and, where applicable, promote definitions and standards for electronic interactions statewide;
(2)iiseek funding to:
(A)iiimplement, promote, and facilitate the voluntary exchange of secure electronic health information between and among individuals and entities that are providing or paying for health care services or procedures; and
(B)iicreate incentives to implement, promote, and facilitate the voluntary exchange of secure electronic health information between and among individuals and entities that are providing or paying for health care services or procedures;
5890 80th LEGISLATURE — REGULAR SESSION
(3)iiestablish statewide health information exchange capabilities for streamlining health care administrative functions including:
(A)iicommunicating point of care services, including laboratory results, diagnostic imaging, and prescription histories;
(B)iicommunicating patient identification and emergency room required information in conformity with state and federal privacy laws;
(C)iireal-time communication of enrollee status in relation to health plan coverage, including enrollee cost-sharing responsibilities; and
(D)iicurrent census and status of health plan contracted providers;
(4)iisupport regional health information exchange initiatives by:
(A)iiidentifying data and messaging standards for health information exchange;
(B)iiadministering programs providing financial incentives, including grants and loans for the creation and support of regional health information networks, subject to available funds;
(C)iiproviding technical expertise where appropriate;
(D)iisharing intellectual property developed under Section 182.105;
(E)iiwaiving the corporation's fees associated with intellectual property, data, expertise, and other services or materials provided to regional health information exchanges operated on a nonprofit basis; and
(F)iiapplying operational and technical standards developed by the corporation to existing health information exchanges only on a voluntary basis, except for standards related to ensuring effective privacy and security of individually identifiable health information;
(5)iiidentify standards for streamlining health care administrative functions across payors and providers, including electronic patient registration, communication of enrollment in health plans, and information at the point of care regarding services covered by health plans; and
(6)iisupport the secure, electronic exchange of health information through other strategies identified by the board.
Sec.i182.102.iiPROHIBITED ACTS. (a) The corporation has no authority and shall not engage in any of the following:
(1)iithe collection and analysis of clinical data;
(2)iithe comparison of physicians to other physicians, including comparisons to peer group physicians, physician groups, and physician teams, and to national specialty society adopted quality measurements;
(3)iithe creation of a tool to measure physician performance compared to:
(A)iipeer group physicians on state and specialty levels; or
(B)iiobjective standards;
(4)iithe providing of access to aggregated, de-identified protected health information to local health information exchanges and other users of quality care studies, disease management and population health assessments;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5891
(5)iiproviding to public health programs trended, aggregated, de-identified protected health information to help assess the health status of populations and the providing of regular reports of trends and important incidence of events to public health avenues for intervention, education, and prevention programs; or
(6)iithe creation of evidence-based standards for the practice of medicine.
(b)iiThe corporation has no authority and shall not disseminate information, in any manner, to the public that compares, rates, tiers, classifies, measures, or ranks a physician's performance, efficiency, or quality of practice.
Sec.i182.103.iiPRIVACY OF INFORMATION. (a) Protected health information and individually identifiable health information collected, assembled, or maintained by the corporation is confidential and is not subject to disclosure under Chapter 552, Government Code.
(b)iiThe corporation shall comply with all state and federal laws and rules relating to the transmission of health information, including the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) and rules adopted under that Act.
(c)iiThe corporation shall develop privacy, security, operational, and technical standards to assist health information networks in the state to ensure effective statewide privacy, data security, efficiency, and interoperability across networks. The network's standards shall be guided by reference to the standards of the Certification Commission for Healthcare Information Technology or the Health Information Technology Standards Panel, or other federally approved certification standards, that exist on May 1, 2007, as to the process of implementation, acquisition, upgrade, or installation of electronic health information technology.
Sec.i182.104.iiSECURITY COMPLIANCE. The corporation shall:
(1)iiestablish appropriate security standards to protect both the transmission and the receipt of individually identifiable health information or health care data;
(2)iiestablish appropriate security standards to protect access to any individually identifiable health information or health care data collected, assembled, or maintained by the corporation;
(3)iiestablish the highest levels of security and protection for access to and control of individually identifiable health information, including mental health care data and data relating to specific disease status, that is governed by more stringent state or federal privacy laws; and
(4)iiestablish policies and procedures for the corporation for taking disciplinary actions against a board member, employee, or other person with access to individually identifiable health care information that violates state or federal privacy laws related to health care information or data maintained by the corporation.
Sec.i182.105.iiINTELLECTUAL PROPERTY. The corporation shall take commercially reasonable measures to protect its intellectual property, including obtaining patents, trademarks, and copyrights where appropriate.
5892 80th LEGISLATURE — REGULAR SESSION
Sec.i182.106.iiANNUAL REPORT. The corporation shall submit an annual report to the governor, the lieutenant governor, the speaker of the house of representatives, and the appropriate oversight committee in the senate and the house of representatives. The annual report must include financial information and a progress update on the corporation's efforts to carry out its mission.
Sec.i182.107.iiFUNDING. (a) The corporation may be funded through the General Appropriations Act and may request, accept, and use gifts and grants as necessary to implement its functions.
(b)iiThe corporation may assess transaction, convenience, or subscription fees to cover costs associated with implementing its functions. All fees must be voluntary but receipt of services provided by the corporation may be conditioned on payment of fees.
(c)iiThe corporation may participate in other revenue-generating activities that are consistent with the corporation's purposes.
SECTIONi2.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, 2007.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today to attend a funeral:
Isett on motion of F. Brown.
HB 1541 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative F. Brown called up with senate amendments for consideration at this time,
HB 1541, A bill to be entitled An Act relating to preannouncement of certain promotional events and purchases by certain alcoholic beverage permit holders.
Representative F. Brown moved to concur in the senate amendments to HBi1541.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1741): 138 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5893
Present, not voting — Mr. Speaker(C).
Absent, Excused — Isett.
Absent — Bolton; Branch; Coleman; Deshotel; Eissler; Goolsby; Kolkhorst; Moreno; Oliveira; Peña.
Senate Committee Substitute
CSHB 1541, A bill to be entitled An Act relating to preannouncement of certain promotional events and purchases by certain alcoholic beverage permit holders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 102.07(g), Alcoholic Beverage Code, is amended to read as follows:
(g)iiSubsection (a) does not prohibit a permittee covered under Subsection
(a) from prearranging or preannouncing a promotional activity otherwise
permitted by this code with a retailer about a promotional activity to be held on
the retailer's premises. A holder of a wholesaler's or class B wholesaler's permit
may prearrange a promotional activity only for distilled spirits or wine.
Notwithstanding any other provision, a [A] permittee may [not]:
(1)iipreannounce a promotion to a consumer[, if the permittee is the
holder of a wholesaler's or class B wholesaler's permit]; or
(2)iipreannounce the purchase of wine or distilled spirits to a consumer.
SECTIONi2.iiThis Act takes effect September 1, 2007.
HB 1205 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Keffer called up with senate amendments for consideration at this time,
HB 1205, A bill to be entitled An Act relating to the prohibition of certain employment discrimination regarding an employee who is a volunteer emergency responder.
Representative Keffer moved to concur in the senate amendments to HBi1205.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1742): 141 Yeas, 0 Nays, 1 Present, not voting.
5894 80th LEGISLATURE — REGULAR SESSION
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez Fischer; McCall; McClendon; McReynolds; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Isett.
Absent — Delisi; Heflin; Kolkhorst; Martinez; Menendez; Moreno; Oliveira.
Senate Amendment No. 1 (Senate Committee Amendment No. 1)
Amend Committee Substitute to HB 1205 (engrossed version) as follows:
1) On Page 1, Line 10, in between "a" and "fire" add the following "proclamation declaring a state of disaster by the Governor of Texas or the President of the United States that includes a".
2) On page 5, lines 19-21, amend Subsection (b) as follows:
"(b) An action under this section must be brought in the county in which the
place of employment is located not later than the 15th business day after[first
anniversary of] the date of the violation."
Senate Amendment No. 2 (Senate Committee Amendment No. 2)
Amend HB 1205 on page 3 as follows, Sec. 23.003. EXCEPTION FOR
CERTAIN SMALL EMPLOYERS. (a) Except as provided by Subsection (b),
this chapter does not apply to an employer for whom an absence to respond to an
emergency by an employee who is a volunteer emergency responder would result
in hardship by reducing the employers workforce by 50 percent.
(b) An employer described by Subsection (a) may permit an employee to
provide services as a volunteer emergency responder. An employer who elects
under this subsection to permit an employee to provide services as a volunteer
responder is subject to this chapter. This chapter does not apply to employers
with fewer than 50 employees.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5895
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
Branch on motion of Hamilton.
HB 2060 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Geren called up with senate amendments for consideration at this time,
HB 2060, A bill to be entitled An Act relating to the Texas Board of Architectural Examiners; providing penalties.
Representative Geren moved to concur in the senate amendments to HBi2060.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1743): 126 Yeas, 11 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Elkins; England; Escobar; Farabee; Farias; Farrar; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Jackson; Jones; Keffer; King, S.; King, T.; Krusee; Kuempel; Laubenberg; Leibowitz; Lucio; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Merritt; Miles; Miller; Mowery; Murphy; Noriega; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Pierson; Pitts; Puente; Quintanilla; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Nays — Crabb; Harper-Brown; Hughes; King, P.; Latham; Macias; Morrison; O'Day; Phillips; Riddle; Taylor.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Bailey; Eissler; Flores; Kolkhorst; Menendez; Moreno; Naishtat; Oliveira; Pickett; Raymond.
Senate Committee Substitute
CSHB 2060, A bill to be entitled An Act relating to the Texas Board of Architectural Examiners; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
5896 80th LEGISLATURE — REGULAR SESSION
SECTIONi1.iiSection 1051.0015, Occupations Code, is amended to read as follows:
Sec.i1051.0015.iiPURPOSE OF REGISTRATION REQUIREMENT. The
purpose of Section 1051.701(a) [1051.301(a)] is to:
(1)iisafeguard life, health, property, and the public welfare; and
(2)iiprotect the public against the irresponsible practice of architecture.
SECTIONi2.iiSection 1051.101(b), Occupations Code, is amended to read as follows:
(b)iiNot more than one board member may be:
(1)iia stockholder or owner of an interest in a school or college that teaches architecture, interior design, or landscape architecture; or
(2)iia full-time [an officer or a] member of the faculty or administration
of the [governing board of a school or college that teaches] architecture, interior
design, or landscape architecture department of a school or college whose
position is the primary employment of the board member.
SECTIONi3.iiSections 1051.107(b) and (c), Occupations Code, are amended to read as follows:
(b)iiThe [Each January, the] board annually shall elect from its members an
assistant presiding officer.
(c)iiThe board shall appoint a secretary-treasurer of the board to serve at the
pleasure of the board. [The secretary-treasurer may be, but is not required to be, a
member of the board.]
SECTIONi4.iiSections 1051.353(c) and (d), Occupations Code, are amended to read as follows:
(c)iiA person whose certificate of registration has been expired for more
than 90 days but less than two years [one year] may renew the certificate by
paying to the board a renewal fee equal to two times the normally required
renewal fee.
(d)iiA person whose certificate of registration has been expired for two years
[one year] or more may not renew the certificate. The person may obtain a new
certificate of registration by complying with the requirements and procedures,
including the examination requirements, for obtaining an original certificate.
SECTIONi5.iiSections 1051.357(a), (c), and (d), Occupations Code, are amended to read as follows:
(a)iiThe board by rule shall establish a procedure by which an architect may
place the architect's [person's] certificate of registration on emeritus status. The
architect [person] must apply for emeritus status, on a form prescribed by the
board, before the architect's [person's] certificate of registration expires.
(c)iiAn architect [A person] whose certificate of registration is on emeritus
status:
(1)iimay [not] engage in the practice of architecture as defined by
Sections 1051.001(7)(D), (E), (F), (G), and (H);
(2)iimay prepare [except for the preparation of] plans and specifications
described by Sections 1051.606(a)(3) and (4) [Section 1051.056(a)(3) or (4)];
(3)i[(2)]iimay use the title "Emeritus Architect" or "Architect Emeritus";
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5897
(4)i[(3)]iimust pay a renewal fee on a date and in a manner prescribed
by board rule; and
(5)i[(4)]iiis exempt from continuing education requirements under this
chapter.
(d)iiThe board shall change an architect's [remove a person's] certificate of
registration from emeritus status to active status if the architect [person]:
(1)iirequests in writing that the board remove the architect's [person's]
certificate of registration from emeritus status;
(2)iipays an administrative fee; and
(3)iicomplies with education or other requirements established by board rule.
SECTIONi6.iiSection 1051.455(b), Occupations Code, is amended to read as follows:
(b)iiA proceeding under this section relating to an architect, a landscape architect, or an interior designer is subject to Chapter 2001, Government Code.
SECTIONi7.iiSection 1051.457(a), Occupations Code, is amended to read as follows:
(a)iiIf the person on whom an administrative penalty is imposed holds a
certificate of registration issued by the board [is an architect], the board's order
becomes final as provided by Section 2001.144, Government Code. If the person
does not hold a certificate of registration issued by the board, the board's order
becomes final on the 20th day after the date the order is issued.
SECTIONi8.iiSection 1052.151, Occupations Code, is amended to read as follows:
Sec.i1052.151.iiREGISTRATION REQUIRED; EXCEPTIONS. (a) A person may not engage in the practice of landscape architecture unless the person:
(1)iiholds a certificate of registration under this chapter; or
(2)iiis authorized under Section 1052.003 to engage in the practice of landscape architecture without holding a certificate of registration.
(b)iiExcept as provided by Subsections (c) and (d), a [A] person may not
represent the person to be a landscape architect or use the term "landscape
architect," "landscape architectural," or "landscape architecture" or any similar
term to describe the person's services unless the person holds a certificate of
registration [or is exempt from registration] under this chapter.
(c)iiA business entity may engage in the practice of landscape architecture without holding a certificate of registration under this chapter if:
(1)iithe entity is authorized under Section 1052.003 to engage in the practice of landscape architecture without holding a certificate of registration; or
(2)iiany landscape architecture performed on behalf of the entity is performed by or under the supervision and control of a person who:
(A)iiholds a certificate of registration under this chapter; and
(B)iiis a regular, full-time employee of the entity.
(d)iiA business entity may use the term "landscape architect," "landscape architectural," or "landscape architecture" or any similar term to describe the entity or the services provided by the entity without holding a certificate of
5898 80th LEGISLATURE — REGULAR SESSION
(1)iiholds a certificate of registration under this chapter; and
(2)iiis a regular, full-time employee of the entity.
SECTIONi9.iiSections 1052.153(b) and (d), Occupations Code, are amended to read as follows:
(b)iiThe board shall prescribe the scope of the examination and the methods of procedure with special reference to the applicant's ability that will ensure the safety of the public welfare and property rights. The board by rule may adopt the examination of the Council of Landscape Architectural Registration Boards or the examination of a nationally recognized testing organization whose examination is determined by the board to be at least as stringent as the council's examination.
(d)iiThe board at least annually shall administer the examination or enter
into a contract with a nationally recognized testing organization to administer the
examination. The board, in the manner provided by board rule, shall provide
reasonable public notice of the dates on and locations at which each portion of the
examination will be administered [at its office in Austin or at another location
designated by the board].
SECTIONi10.iiSubchapter D, Chapter 1052, Occupations Code, is amended by adding Section 1052.155 to read as follows:
Sec.i1052.155.iiEMERITUS STATUS; LANDSCAPE ARCHITECTS. (a) The board by rule shall establish a procedure by which a landscape architect may place the landscape architect's certificate of registration on emeritus status. The landscape architect must apply for emeritus status, on a form prescribed by the board, before the landscape architect's certificate of registration expires.
(b)iiA landscape architect is eligible for emeritus status if the landscape architect:
(1)iihas been a landscape architect for 20 years or more; and
(2)iiis 65 years of age or older.
(c)iiA landscape architect whose certificate of registration is on emeritus status:
(1)iimay engage in the practice of landscape architecture to the extent that a person who does not hold a certificate of registration as a landscape architect may under Section 1052.003(a);
(2)iimay use the title "Emeritus Landscape Architect" or "Landscape Architect Emeritus";
(3)iimust pay a renewal fee on a date and in a manner prescribed by board rule; and
(4)iiis exempt from continuing education requirements under this chapter.
(d)iiThe board shall change a landscape architect's certificate of registration from emeritus status to active status if the landscape architect:
(1)iirequests in writing that the board change the landscape architect's certificate of registration from emeritus status to active status;
(2)iipays an administrative fee; and
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(3)iicomplies with education or other requirements established by board rule.
(e)iiThe renewal fee charged under Subsection (c) may not exceed an amount reasonable and necessary to recover the costs to administer this section.
SECTIONi11.iiSubchapter D, Chapter 1053, Occupations Code, is amended by adding Section 1053.156 to read as follows:
Sec.i1053.156.iiEMERITUS STATUS; INTERIOR DESIGNERS. (a) The board by rule shall establish a procedure by which an interior designer may place the interior designer's certificate of registration on emeritus status. The interior designer must apply for emeritus status, on a form prescribed by the board, before the interior designer's certificate of registration expires.
(b)iiAn interior designer is eligible for emeritus status if the interior designer:
(1)iihas been an interior designer for 20 years or more; and
(2)iiis 65 years of age or older.
(c)iiAn interior designer whose certificate of registration is on emeritus status:
(1)iimay use the title "Emeritus Interior Designer" or "Interior Designer Emeritus";
(2)iimust pay a renewal fee on a date and in a manner prescribed by board rule; and
(3)iiis exempt from continuing education requirements under this chapter.
(d)iiThe board shall change an interior designer's certificate of registration from emeritus status to active status if the interior designer:
(1)iirequests in writing that the board change the interior designer's certificate of registration from emeritus status to active status;
(2)iipays an administrative fee; and
(3)iicomplies with education or other requirements established by board rule.
(e)iiThe renewal fee charged under Subsection (c) may not exceed an amount reasonable and necessary to recover the costs to administer this section.
SECTIONi12.iiSections 1051.157 and 1051.213, Occupations Code, are repealed.
SECTIONi13.iiNot later than December 1, 2007, the Texas Board of Architectural Examiners shall adopt the rules necessary to implement the changes in law made by this Act to Chapters 1051, 1052, and 1053, Occupations Code.
SECTIONi14.iiThe changes in law made by this Act to Chapters 1051, 1052, and 1053, Occupations Code, apply to a board member appointed to the Texas Board of Architectural Examiners or a certificate of registration renewed under that chapter on or after the effective date of this Act.
SECTIONi15.iiThis Act takes effect September 1, 2007.
HB 2734 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Gattis called up with senate amendments for consideration at this time,
5900 80th LEGISLATURE — REGULAR SESSION
HB 2734, A bill to be entitled An Act relating to the creation of the Williamson-Liberty Hill Municipal Utility District; providing authority to impose a tax and issue bonds; granting the power of eminent domain.
Representative Gattis moved to concur in the senate amendments to HBi2734.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1744): 138 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Truitt; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Anderson; Dutton; Farrar; Kolkhorst; Moreno; Oliveira; Thompson; Turner; Van Arsdale.
Senate Committee Substitute
CSHB 2734, A bill to be entitled An Act relating to the creation of the Williamson-Liberty Hill Municipal Utility District; providing authority to impose a tax and issue bonds; granting the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 8199 to read as follows:
CHAPTERi8199.iiWILLIAMSON-LIBERTY HILL MUNICIPAL UTILITY DISTRICT
SUBCHAPTERiA.iiGENERAL PROVISIONS
Sec.i8199.001.iiDEFINITIONS. In this chapter:
(1)ii"Board" means the district's board of directors.
(2)ii"Director" means a board member.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5901
(3)ii"District" means the Williamson-Liberty Hill Municipal Utility District.
Sec.i8199.002.iiNATURE OF DISTRICT. The district is a municipal utility district created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Sec.i8199.003.iiCONFIRMATION ELECTION REQUIRED. (a) The board shall hold an election to confirm the creation of the district as provided by Section 49.102, Water Code.
(b)iiIf the creation of the district is not confirmed at a confirmation election before September 1, 2011:
(1)iithe district is dissolved September 1, 2011, except that the district shall:
(A)iipay any debts incurred;
(B)iitransfer to Williamson County any assets that remain after the payment of debts; and
(C)iimaintain the organization of the district until all debts are paid and remaining assets are transferred; and
(2)iithis chapter expires September 1, 2014.
Sec.i8199.004.iiFINDINGS OF BENEFIT AND PUBLIC PURPOSE. All land and other property in the district will benefit from the improvements and services to be provided by the district.
Sec.i8199.005.iiINITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act creating this chapter.
(b)iiThe boundaries and field notes contained in Section 2 of the Act creating this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect the district's:
(1)iiorganization, existence, or validity;
(2)iiright to issue any type of bond for a purpose for which the district is created or to pay the principal of and interest on the bond;
(3)iiright to impose an assessment or tax; or
(4)iilegality or operation.
[Sections 8199.006-8199.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec.i8199.051.iiGOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.
(b)iiDirectors serve staggered four-year terms.
Sec.i8199.052.iiINITIAL DIRECTORS. (a) The initial board consists of:
(1)iiBrad Greenblum;
(2)iiPatrick Shelton;
(3)iiMark Sprague;
(4)iiKeith Husbands; and
(5)iiRobert Gelernter.
5902 80th LEGISLATURE — REGULAR SESSION
(b)iiUnless the initial board agrees otherwise, the initial directors shall draw lots to determine which two shall serve until the first regularly scheduled election of directors and which three shall serve until the second regularly scheduled election of directors.
(c)iiThis section expires September 1, 2014.
[Sections 8199.053-8199.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec.i8199.101.iiGENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.
Sec.i8199.102.iiMUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.
Sec.i8199.103.iiREGIONAL WASTE DISPOSAL POWERS AND DUTIES. The district has the powers and duties applicable to a district under Chapter 30, Water Code.
Sec.i8199.104.iiCOMPLIANCE WITH MUNICIPAL CONSENT RESOLUTION. The district shall comply with all applicable requirements of any resolution, adopted by the governing body of a municipality under Section 54.016, Water Code, that consents to the creation of the district or to the inclusion of land in the district.
Sec.i8199.105.iiWASTEWATER TREATMENT FACILITY DESIGN APPROVAL. The district must obtain the approval of the Brazos River Authority for the design of any district wastewater treatment facility.
Sec.i8199.106.iiWASTEWATER SERVICE PROVIDERS. Only the Brazos River Authority or a provider approved by the Brazos River Authority may provide wastewater service in the district.
Sec.i8199.107.iiCOMPLIANCE WITH FEBRUARY 2005 AGREEMENT. The district shall comply with the terms of the "Agreement Regarding Sewer Services Areas and Customers" among the Lower Colorado River Authority, the Brazos River Authority, the City of Georgetown, the City of Liberty Hill, and the Chisholm Trail Special Utility District dated February 1, 2005.
Sec.i8199.108.iiSTREET REPAIR AND MAINTENANCE. (a) After July 1, 2017, the district, at the district's expense, shall repair and maintain any streets in the district.
(b)iiA district's repair and maintenance of streets under this section must meet all applicable construction standards and regulations of the City of Liberty Hill and Williamson County.
[Sections 8199.109-8199.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec.i8199.151.iiELECTIONS REGARDING TAXES OR BONDS. (a) The district may issue, without an election, bonds and other obligations secured by revenue or contract payments from a source other than ad valorem taxation.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5903
(b)iiThe district must hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval before the district may impose an ad valorem tax or issue bonds payable from ad valorem taxes.
(c)iiAn ad valorem tax rate imposed by the district may not exceed the rate approved at the election.
Sec.i8199.152.iiOPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 8199.151, the district may impose an operation and maintenance tax on taxable property in the district as provided by Chapter 49.107, Water Code.
(b)iiThe board shall determine the tax rate. The rate may not exceed the rate approved at the election.
[Sections 8199.153-8199.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec.ii8199.201.iiAUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.
Sec.i8199.202.iiTAXES FOR BONDS AND OTHER OBLIGATIONS. At the time bonds or other obligations payable wholly or partly from ad valorem taxes are issued:
(1)iithe board shall impose a continuing direct annual ad valorem tax, at a rate not to exceed the rate approved at an election held under Section 8199.151, for each year that all or part of the bonds are outstanding; and
(2)iithe district annually shall impose an ad valorem tax on all taxable property in the district in an amount sufficient to:
(A)iipay the interest on the bonds or other obligations as the interest becomes due;
(B)iicreate a sinking fund for the payment of the principal of the bonds or other obligations when due or the redemption price at any earlier required redemption date; and
(C)iipay the expenses of imposing the taxes.
SECTIONi2.iiThe Williamson-Liberty Hill Municipal Utility District initially includes all the territory contained in the following area:
DESCRIPTION OF 228.227 ACRES OF LAND OUT OF THE NOAH SMITHWICK SURVEY, ABSTRACT NO. 590 AND W.H. MONROE SURVEY, ABSTRACT NO. 453, SITUATED IN WILLIAMSON COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN 316 ACRE TRACT DESCRIBED IN A DEED TO EDWIN C. ROSENBUSCH, ET UX, OF RECORD IN VOLUME 427, PAGE 535 OF THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS; AND ALSO BEING A PORTION OF THAT CERTAIN 10.98 ACRE TRACT DESCRIBED IN A DEED TO VINCENT J. STAGLIANO, OF RECORD IN DOCUMENT NO. 2005055873 OF THE OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; SAID 228.227 ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
5904 80th LEGISLATURE — REGULAR SESSION
COMMENCING, for reference, at a 1/2-inch iron rod with cap found in the southwesterly right-of-way line of State Highway No. 29 (100-foot right-of-way), for the easterly corner of Lot 1 of the Amended R. McMillian Subdivision, of record in Cabinet K, Slides 67-68, of the Plat Records of Williamson County, and the northerly corner of said 10.98 acre tract;
THENCE, along the southwesterly line of said State Highway No. 29 with the northeasterly line of said 10.98 acre tract, the following two (2) courses and distances:
1)iialong a curve to the right having a radius of 2814.79 feet, a central angle of 6849'21", an arc distance of 335.17 feet and a chord which bears S62812'06"E, a distance of 334.97 feet, to a 1/2 inch iron rod with cap found for the end of said curve at or near State Highway No. 29 centerline Station 527+04.3, 50' LT.;
2)iiS58844'38"E, a distance of 30.41 feet to a 1/2-inch iron rod with cap set for the POINT OF BEGINNING and an exterior ell corner hereof;
THENCE, S58844'38"E, continuing along the southwesterly line of said State Highway No. 29, being the northwesterly line of said 10.98 acre tract, for a portion of the northeasterly line hereof, a distance of 180.00 feet to a 1/2-inch iron rod with cap set for an exterior ell corner hereof;
THENCE, leaving the southwesterly line of said State Highway No. 29, over and across said 10.98 acre and said 316 acre tracts along a portion of the northeasterly line hereof, the following five (5) courses and distances:
1)iiS31817'49"W, a distance of 100.35 feet, to a 1/2-inch iron rod with cap set for an exterior ell corner hereof;
2)iiN58842'11"W, a distance of 50.00 feet to 1/2-inch iron rod with cap set for an interior ell corner hereof;
3)iiS31817'49"W, at a distance of 413.09 feet crossing the easterly line of said 316 acre tract, leaving said 10.98 acre tract, a total distance of 490.00 feet to a 1/2-inch iron rod with cap set for an interior ell corner hereof;
4)iiS58842'11"E, at a distance of 68.19 feet crossing the westerly line of said 10.98 acre tract, leaving said 316 acre tract, a total distance of 489.99 feet to a 1/2-inch iron rod with cap set in the northwesterly line of that certain 10.00 acre tract described in a Contract of Sale and Purchase between the Veterans Land Board of Texas and William D. Jenkins, of record in Volume 755, Page 855, of said Deed Records and the southeasterly line of said 10.98 acre tract for an exterior ell corner hereof;
5)iiS31816'19"W, along the northeasterly line of said 10.00 acre tract and the southeasterly line of said 10.98 acre tract, a distance of 215.92 feet to a 1/2-inch iron rod found at the base of a cedar fence post in the remains of a wire fence adjacent to the presently fenced and occupied northeasterly line of said 316 acre tract, for the monumented southerly corner of said 10.98 acre tract and said 10.00 acre tract, for an exterior ell corner hereof;
THENCE, along the southeasterly line of said 10.00 acre tract, for a portion of the northeasterly line hereof, the following three (3) courses and distances:
1)iiS55845' 57"E, a distance of 87.60 feet to a 1/2-inch iron rod found for an angle point of said 10.00 acre tract and hereof;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5905
2)iiS50838'25"E, a distance of 154.10 feet to a 60d nail found in fence post for an angle point of said 10.00 acre tract and hereof;
3)iiS17828'18"E, at 337.71 feet passing a l/2-inch iron rod found for the southerly corner of said 10.00 acre tract and continuing along the southwesterly line of that certain 10.97 acre tract described in a deed to Vincent J. Stagliano, of record in Document No. 2006004521 of said Official Public Records, a total distance of 373.34 feet to a 1/2-inch iron rod found for the northeasterly corner of that certain 136.97 acre tract described in a deed to Z. M. Bonnet, of record in Volume 611, Page 672 of said Deed Records, the occupied southeasterly corner of said 316 acre tract and the southeasterly corner hereof;
THENCE, along the northerly line of said 136.97 acre tract as found, fenced and monumented on the ground, being the occupied southerly line of said 316 acre tract, for a portion of the southerly line hereof, the following three (3) courses and distances:
1)iiS68822'05"W, a distance of 557.93 feet to a 1/2 inch iron rod found for an angle point of said 136.97 acre tract and hereof;
2)iiS70827'30"W, a distance of 400.65 feet to a 1/2 inch iron rod found for an angle point of said 136.97 acre tract and hereof;
3)iiS69853'20"W, a distance of 1672.24 feet to a 1/2-inch iron rod found for the northwesterly corner of said 136.97 acre tract at an offset in the presently occupied southerly line of said 316 acre tract for an angle point hereof;
THENCE, S20801'45"E, along the westerly line of said 136.97 acre tract, a distance of 13.44 feet to a 1/2 inch iron rod found for the monumented northeasterly corner of said of that certain tract described as two hundred (200) acres in a deed to F.F. Davis, et ux, of record in Volume 329, Page 336 of said Deed Records, being an angle point in the southerly line of said 316 acre tract, and the southerly line hereof;
THENCE, S69821'37"W, along the monumented north line of said two hundred acres, for a portion of the southerly line hereof, at a distance of 1005.26 feet passing a 1/2 inch iron rod with cap found for the northeasterly corner of that certain tract described as 3.16 acre in a deed to Pedernales Electric Cooperative, Inc., of record in Document No. 200640305, said Official Public Records, leaving the remainder of said two hundred acre tract and continuing along the fenced and monumented northerly line of said 3.16 acre tract, a total distance of 1468.55 feet to a 1/2-inch iron rod with cap set for the southwesterly corner hereof;
THENCE, leaving the northerly line of said 3.16 acre tract, over and across said 316 acre tract, the following six (6) courses and distances:
1)iiNll817'24"W, a distance of 929.10 feet to a 1/2-inch iron rod found for an angle point hereof;
2)iiS67833'15"W, a distance of 1456.16 feet to a 1/2-inch iron rod with cap found in the fenced and occupied easterly line of County Road 266, an unspecified width right-of-way, for an angle point hereof;
3)iiN08844'30"W, along the easterly line of said county road, a distance of 687.16 feet to 1/2-inch iron rod with cap set for an angle point hereof;
5906 80th LEGISLATURE — REGULAR SESSION
4)iiN12838'37"W, along the easterly line of said county road, a distance of 106.61 feet to a 1/2-inch iron rod with cap found for an angle point hereof;
5)iiN71842'29"E, leaving said county road, a distance of 808.72 feet to a l/2-inch iron rod with cap found for an angle point hereof;
6) N20846'09"W, at a distance of 858.17 feet passing a 1/2-inch iron rod found, a total distance of 860.11 feet to a 1/2-inch iron rod with cap set in the southerly line of Twenty-Nine Ranch, a subdivision of record in Cabinet K, Slides 115-116 of said Plat Records for the northwesterly corner hereof;
THENCE, along the southerly line of said Twenty-Nine Ranch subdivision, and the southerly line of Poldrack Estates, a subdivision of record in Cabinet R, Slide 106 of said Plat Records, being the occupied northerly line of said 316 acre tract as found fenced on the ground, for the northwesterly line hereof, the following eight (8) courses and distances:
1)iiN69814'51"E, along the southerly line of said Twenty-Nine Ranch, a distance of 715.53 feet to a 1/2-inch iron rod found for the common southeasterly corner of Lot 15, said Twenty-Nine Ranch and Lot 5A, said Poldrack Estates, for an angle point hereof;
2)iiN69839'50"E, along the southerly line of said Poldrack Estates, a distance of 846.33 feet to a 1/2-inch iron rod with cap set at the common southeasterly corner of Lot 5B, said Poldrack Estates and Lots 2 and 3, said Twenty-Nine Ranch for an angle point hereof, from which a 1/2-inch iron rod found bears S32814'32"W, a distance of 1.31 feet;
3)iiN69821'16"E, leaving said Poldrack Estates and rejoining the southerly line of said Twenty-Nine Ranch, a distance of 294.84 feet, to a 1/2-inch iron rod found for an angle point of said Lot 2 and hereof;
4)iiN71827'12"E, a distance of 234.01 feet to a 1/2-inch iron rod found for an angle point of said Lot 2 and hereof;
5)iiN72801'52"E, a distance of 183.26 feet to a 1/2-inch iron rod found for the common southeasterly corner of Lots 1 and 2, said Twenty-Nine Ranch and an angle point hereof;
6)iiN70851'21"E, a distance of 340.43 feet to a 1/2-inch iron rod found for an angle point of said Lot 1 and hereof;
7) N69846'40"E, a distance of 330.74 feet to a 1/2-inch iron rod found for an angle point of said Lot 1 and hereof;
8) N82826"30"E, a distance of 9.29 feet to a l/2-inch iron rod with cap set for the northwesterly corner of that certain 3.034 acre tract described in a deed to Lonnie Draper, et al, of record in Volume 1148, Page 795, of the Official Records of Williamson County, Texas, for an angle point of said Lot 1, and for the occupied northeasterly corner of said 316 acre tract and hereof;
THENCE, S21841'36"E, along the westerly line of said 3.034 acre tract, being a portion of the northeasterly line of said 316 acre tract and hereof, a distance of 621.44 feet to a 1/2-inch iron rod found for the southwesterly corner of said, 3.034 acre tract, for an angle point of said 316 acre tract and hereof;
THENCE, in part along the southeasterly line of said 3.034 acre tract, being a portion of the northeasterly line of said 316 acre tract, the southeasterly line of that certain 5.526 acre tract described in a deed to James L. Click, et ux, in a deed
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5907
1)iiN69821'45"E, at a distance of 34.50 passing a 1/2-inch iron rod found for the common corner of said 3.034 acre tract and said 5.526 acre tract, at a distance of 496.40 feet passing a 1/2-inch iron rod found for the common corner of said 5.526 acre tract and said 1.42 acre tract, a total distance of 714.73 feet to a 1/2-inch iron rod found for the common corner of said 1.42 acre tract and said Amended McMillian Subdivision, for an angle point hereof;
2)iiN68826'03"E, a distance of 1.30 feet to a 1/2-inch iron rod with cap set in the southeasterly line of said Amended McMillian Subdivision for an angle point hereof;
THENCE, leaving said Amended McMillian Subdivision, over and across said 316 acre tract and said 10.98 acre tract, along a portion of the northeasterly line hereof in the following four (4) courses and distances;
1)iiS58842'11"E, a distance of 811.36 feet to a 1/2-inch iron rod with cap set for an interior ell corner hereof;
2)iiN31817'49"E, at a distance of 130.95 feet crossing the westerly line of said 10.98 acre tract, leaving said 316 acre tract, a total distance of 453.80 feet to a l/2-inch iron rod with cap set for an interior ell corner hereof;
3)iiN58842'11"W, a distance of 50.00 feet to a 1/2-inch iron rod with cap set for an exterior ell corner hereof;
4) N31817'49"E, a distance of 100.22 feet to the POINT OF BEGINNING, containing an area of 228.227(9,941,560 square feet) of land, more or less, within these metes and bounds.
BASIS OF BEARINGS: IS THE TEXAS COORDINATE SYSTEM NAD83(93) CENTRAL ZONE CALIBRATED TO LCRA GPS CONTROL MONUMENTS AZF9, AZ54, AND A843
SECTIONi3.ii(a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.
(b)iiThe governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.
(c)iiThe Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.
(d)iiAll requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.
5908 80th LEGISLATURE — REGULAR SESSION
SECTIONi4.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, 2007.
HB 1141 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative D. Howard called up with senate amendments for consideration at this time,
HB 1141, A bill to be entitled An Act relating to the confidentiality of certain home address information in local tax appraisal records regarding an employee of a prosecutor's office or of certain offices with jurisdiction over child protective services matters.
Representative D. Howard moved to concur in the senate amendments to HBi1141.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1745): 141 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Bailey; Hughes; Kolkhorst; Moreno; Oliveira; Puente.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5909
Senate Committee Substitute
CSHB 1141, A bill to be entitled An Act relating to the confidentiality of certain home address information in local tax appraisal records regarding current or former peace officers and regarding a current or former employee of a prosecutor's office or of certain offices with jurisdiction over child protective services matters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 25.025(a), Tax Code, is amended to read as follows:
(a)iiThis section applies only to:
(1)iia current or former peace officer as defined by Article 2.12, Code of Criminal Procedure;
(2)iia county jailer as defined by Section 1701.001, Occupations Code;
(3)iian employee of the Texas Department of Criminal Justice;
(4)iia commissioned security officer as defined by Section 1702.002,
Occupations Code; [and]
(5)iia victim of family violence as defined by Section 71.004, Family Code, if as a result of the act of family violence against the victim, the actor is convicted of a felony or a Class A misdemeanor; and
(6)iia current or former employee of a district attorney, criminal district attorney, or county or municipal attorney whose jurisdiction includes any criminal law or child protective services matters.
SECTIONi2.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, 2007.
HB 1551 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Hochberg called up with senate amendments for consideration at this time,
HB 1551, A bill to be entitled An Act relating to remedies for common nuisances.
Representative Hochberg moved to concur in the senate amendments to HBi1551.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1746): 143 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock;
5910 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Kolkhorst; Moreno; Oliveira; Smith, W.
Senate Committee Substitute
CSHB 1551, A bill to be entitled An Act relating to remedies for common nuisances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 125.002(e), Civil Practice and Remedies Code, is amended to read as follows:
(e)iiIf judgment is in favor of the petitioner, the court shall grant an
injunction ordering the defendant to abate the nuisance and enjoining the
defendant from maintaining or participating in the nuisance and may include in
its order reasonable requirements to prevent the use or maintenance of the place
as a nuisance. If the petitioner brings an action in rem, the judgment is a judgment
in rem against the property as well as a judgment against the defendant. The
judgment must order that the place where the nuisance exists be closed for one
year after the date of judgment [unless the defendant or the real property owner,
lessee, or tenant of the property posts bond].
SECTIONi2.iiSection 125.045, Civil Practice and Remedies Code, is amended by amending Subsections (a) and (b) and adding Subsection (a-1) to read as follows:
(a)iiIf, after notice and hearing on a request by a petitioner for a temporary injunction, a court determines that the petitioner is likely to succeed on the merits in a suit brought under Section 125.002, the court:
(1)iimay include in its order reasonable requirements to prevent the use or maintenance of the place as a nuisance; and
(2)iishall require that the defendant execute a bond.
(a-1)iiThe bond must:
(1)iibe payable to the state at the county seat of the county in which the place is located;
(2)iibe in the amount set by the court, but not less than $5,000 or more than $10,000;
(3)iihave sufficient sureties approved by the court; and
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5911
(4)iibe conditioned that the defendant will not knowingly maintain a common nuisance to exist at the place.
(b)iiIf, after an entry of a temporary or permanent injunction, a court
determines that a condition of the injunctive order is violated, the court [any party
to a court case fails to cease and desist creating and maintaining a common
nuisance within the time allowed by the court, a political subdivision] may:
(1)iiorder a political subdivision to discontinue the furnishing of utility
services [by the political subdivision] to the place at which the nuisance exists;
(2)iiprohibit the furnishing of utility service to the place by any public utility holding a franchise to use the streets and alleys of the political subdivision;
(3)iirevoke the certificate of occupancy of the place;
(4)iiprohibit the use of city streets, alleys, and other public ways for
access to the place during the existence of the nuisance or in furtherance of the
nuisance; [and]
(5)iilimit the hours of operation of the place, to the extent that the hours of operation are not otherwise specified by law;
(6)iiorder a landlord to terminate a tenant's lease if:
(A)iithe landlord and the tenant are parties to the suit; and
(B)iithe tenant has violated a condition of the injunctive order; or
(7)iiorder [use] any other legal remedy available under the laws of the
state.
SECTIONi3.iiSection 125.002(f), Civil Practice and Remedies Code, is repealed.
SECTIONi4.iiThe change in law made by this Act applies only to a cause of action that accrues on or after the effective date of this Act. A cause of action that accrues before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose.
SECTIONi5.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, 2007.
HB 1563 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Bolton called up with senate amendments for consideration at this time,
HB 1563, A bill to be entitled An Act relating to the issuance of high school diplomas to certain crime victims.
Representative Bolton moved to concur in the senate amendments to HBi1563.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1747): 125 Yeas, 0 Nays, 1 Present, not voting.
5912 80th LEGISLATURE — REGULAR SESSION
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Delisi; Deshotel; Driver; Dukes; Dutton; Eiland; Eissler; England; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Haggerty; Hamilton; Hancock; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Jackson; Jones; Keffer; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Mowery; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Talton; Taylor; Truitt; Turner; Van Arsdale; Vaught; Veasey; Vo; West; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Bailey; Burnam; Cook, B.; Davis, Y.; Dunnam; Elkins; Escobar; Goolsby; Hardcastle; Hughes; King, P.; Kolkhorst; Macias; Moreno; Morrison; Murphy; Oliveira; Raymond; Swinford; Thompson; Villarreal; Woolley.
STATEMENTS OF VOTE
When Record No. 1747 was taken, I was in the house but away from my desk. I would have voted yes.
P. King
When Record No. 1747 was taken, I was in the house but away from my desk. I would have voted yes.
Morrison
Senate Committee Substitute
CSHB 1563, A bill to be entitled An Act relating to the issuance of posthumous high school diplomas to certain students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter B, Chapter 28, Education Code, is amended by adding Section 28.0254 to read as follows:
Sec.i28.0254.iiPOSTHUMOUS HIGH SCHOOL DIPLOMA FOR CERTAIN STUDENTS. (a) Notwithstanding any other provision of this code, but subject to Subsection (b), on request of the student's parent, a school district shall issue a high school diploma posthumously to each student who died while enrolled in the district at grade level 12, provided that the student was academically on track at the time of death to receive a diploma at the end of the school year in which the student died. For purposes of this subsection, "school year" includes any summer session following the spring semester.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5913
(b)iiA school district is not required to issue a high school diploma to a student described by Subsection (a) if the student at any time before the student's death was convicted of a felony offense under Title 5 or 6, Penal Code, or adjudicated as having engaged in conduct constituting a felony offense under Title 5 or 6, Penal Code.
SECTIONi2.iiSection 28.0254, Education Code, as added by this Act, applies beginning with students enrolled at grade level 12 during the 2005-2006 school year.
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, 2007.
HB 624 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative P. King called up with senate amendments for consideration at this time,
HB 624, A bill to be entitled An Act relating to the securitization of the nonbypassable delivery rates of transmission and distribution utilities.
Representative P. King moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 624.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 624: P. King, chair; Dutton, Latham, Riddle, and Taylor.
HB 1633 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Geren called up with senate amendments for consideration at this time,
HB 1633, A bill to be entitled An Act relating to the determination of eligibility for Medicaid for certain persons in the armed forces and their family members.
Representative Geren moved to concur in the senate amendments to HBi1633.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1748): 137 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes;
5914 80th LEGISLATURE — REGULAR SESSION
Nays — Phillips.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Delisi; Dunnam; Eiland; Kolkhorst; Madden; McCall; Moreno; Oliveira; Taylor.
STATEMENTS OF VOTE
I was shown voting no on Record No. 1748. I intended to vote yes.
Phillips
When Record No. 1748 was taken, I was in the house but away from my desk. I would have voted yes.
Taylor
Senate Committee Substitute
CSHB 1633, A bill to be entitled An Act relating to the determination of eligibility for Medicaid for certain persons in the armed forces and their family members.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 32.026, Human Resources Code, is amended by adding Subsection (d-1) to read as follows:
(d-1)iiIn adopting rules under this section, the executive commissioner of the Health and Human Services Commission shall, to the extent allowed by federal law, develop and implement an expedited process for determining eligibility for and enrollment in the medical assistance program for an active duty member of the United States armed forces, reserves, or National Guard or of the state military forces, or the spouse or dependent of that person.
SECTIONi2.iiIf before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5915
SECTIONi3.iiThis Act takes effect September 1, 2007.
HB 1748 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Morrison called up with senate amendments for consideration at this time,
HB 1748, A bill to be entitled An Act relating to the administration of Texas governor's schools.
Representative Morrison moved to concur in the senate amendments to HBi1748.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1749): 132 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Aycock; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Callegari; Castro; Chisum; Christian; Cohen; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Keffer; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Madden; Mallory Caraway; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Anderson; Bailey; Burnam; Chavez; Coleman; Eiland; Jones; King, P.; Kolkhorst; Macias; McCall; Moreno; Oliveira; Raymond; Thompson.
Senate Amendment No. 1 (Senate Committee Amendment No. 1)
Amend HB 1748 (House engrossment) as follows:
(1) On page 1, line 15, strike "or".
(2) On page 1, between lines 15 and 16, insert "(3) fine arts; or".
(3) On page 1, line 16, strike "(3)" and substitute "(4)".
(4) On page 2, between lines 16 and 17, insert the following:
"(d) The criteria described by Subsection (c)(2)(B) must include grade point average, academic standing, and extracurricular activities."
(5) On page 2, line 17, strike "(d)" and substitute "(e)".
(6) On page 2, line 22, strike "(e)" and substitute "(f)".
5916 80th LEGISLATURE — REGULAR SESSION
HB 2426 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Truitt called up with senate amendments for consideration at this time,
HB 2426, A bill to be entitled An Act relating to the regulation of the practice of nursing and the renaming of the Board of Nurse Examiners as the Texas Board of Nursing.
Representative Truitt moved to concur in the senate amendments to HBi2426.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1750): 122 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Delisi; Driver; Dukes; Dunnam; Eissler; Elkins; England; Escobar; Farabee; Farias; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Gonzales; Gonzalez Toureilles; Guillen; Haggerty; Hamilton; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Jackson; Keffer; King, S.; King, T.; Krusee; Latham; Laubenberg; Leibowitz; Lucio; Madden; Mallory Caraway; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Truitt; Turner; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Nays — Jones.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Anderson; Chavez; Davis, Y.; Deshotel; Dutton; Eiland; Farrar; Giddings; Goolsby; Hancock; Hill; Hochberg; Hughes; King, P.; Kolkhorst; Kuempel; Macias; McCall; Moreno; Mowery; Oliveira; Puente; Thompson; Van Arsdale.
STATEMENTS OF VOTE
When Record No. 1750 was taken, I was in the house but away from my desk. I would have voted yes.
Anderson
I was shown voting no on Record No. 1750. I intended to vote yes.
Jones
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5917
Senate Committee Substitute
CSHB 2426, A bill to be entitled An Act relating to the regulation of the practice of nursing and the renaming of the Board of Nurse Examiners as the Texas Board of Nursing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 301.002(1), Occupations Code, is amended to read as follows:
(1)ii"Board" means the Texas Board of Nursing [Nurse Examiners].
SECTIONi2.iiSection 301.003, Occupations Code, is amended to read as follows:
Sec.i301.003.iiAPPLICATION OF SUNSET ACT. The Texas Board of
Nursing [Nurse Examiners] is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that chapter, the board
is abolished September 1, 2017 [2007].
SECTIONi3.iiSection 301.004(a), Occupations Code, is amended to read as follows:
(a)iiThis chapter does not apply to:
(1)iigratuitous nursing care of the sick that is provided by a friend;
(2)iinursing care provided during a disaster under the state emergency management plan adopted under Section 418.042, Government Code, if the person providing the care does not hold the person out as a nurse unless the person is licensed in another state;
(3)iinursing care in which treatment is solely by prayer or spiritual means;
(4)iian act performed by a person under the delegated authority of a
person licensed by the Texas Medical [State] Board [of Medical Examiners];
(5)iian act performed by a person licensed by another state agency if the act is authorized by the statute under which the person is licensed;
(6)iithe practice of nursing that is incidental to a program of study by a
student enrolled in a [board-approved] nursing education program approved
under Section 301.157(d) leading to an initial license as a nurse; or
(7)iithe practice of nursing by a person licensed in another state who is in this state on a nonroutine basis for a period not to exceed 72 hours to:
(A)iiprovide care to a patient being transported into, out of, or through this state;
(B)iiprovide nursing consulting services; or
(C)iiattend or present a continuing nursing education program.
SECTIONi4.iiSubchapter A, Chapter 301, Occupations Code, is amended by adding Section 301.005 to read as follows:
Sec.i301.005.iiREFERENCE IN OTHER LAW. A reference in any other law to the former Board of Nurse Examiners means the Texas Board of Nursing.
SECTIONi5.iiThe heading to Subchapter B, Chapter 301, Occupations Code, is amended to read as follows:
SUBCHAPTER B. TEXAS BOARD OF NURSING [NURSE EXAMINERS]
SECTIONi6.iiSection 301.051(a), Occupations Code, is amended to read as follows:
5918 80th LEGISLATURE — REGULAR SESSION
(a)iiThe Texas Board of Nursing [Nurse Examiners] consists of 13 members
appointed by the governor with the advice and consent of the senate as follows:
(1)iisix nurse members, including:
(A)iione advanced practice nurse;
(B)iitwo registered nurses who are not advanced practice nurses or members of a nurse faculty; and
(C)iithree vocational nurses who are not members of a nurse faculty;
(2)iithree members who are nurse faculty members of schools of nursing:
(A)iione of whom is a nurse faculty member of a school of nursing offering a baccalaureate degree program in preparing registered nurses;
(B)iione of whom is a nurse faculty member of a school of nursing offering an associate degree program in preparing registered nurses; and
(C)iione of whom is a nurse faculty member of a school of nursing at an institution of higher education preparing vocational nurses; and
(3)iifour members who represent the public.
SECTIONi7.iiSection 301.052(b), Occupations Code, is amended to read as follows:
(b)iiA person is not eligible for appointment as a public member of the board if the person or the person's spouse:
(1)iiis registered, certified, or licensed by an occupational regulatory agency in the field of health care;
(2)iiis employed by or participates in the management of a business entity or other organization that:
(A)iiprovides health care services; [or]
(B)iisells, manufactures, or distributes health care supplies or equipment; or
(C)iiis regulated by or receives money from the board;
(3)iiowns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization that:
(A)iiprovides health care services; [or]
(B)iisells, manufactures, or distributes health care supplies or equipment; or
(C)iiis regulated by or receives money from the board; or
(4)iiuses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
SECTIONi8.iiSection 301.053, Occupations Code, is amended to read as follows:
Sec.i301.053.iiMEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
this section, "Texas trade association" means a [nonprofit,] cooperative[,] and
voluntarily joined statewide association of business or professional competitors in
this state designed to assist its members and its industry or profession in dealing
with mutual business or professional problems and in promoting their common
interest.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5919
(b)iiA person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for the purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1)iithe person is ani[An] officer, employee, or paid consultant of a
Texas trade association in the field of health care; or
(2)iithe person's [may not be a member of the board and may not be an
employee of the board who is exempt from the state's position classification plan
or is compensated at or above the amount prescribed by the General
Appropriations Act for step 1, salary group A17, of the position classification
salary schedule.
[(c)iiA person who is the] spouse is [of] an officer, manager, or paid
consultant of a Texas trade association in the field of health care [may not be a
member of the board and may not be an employee of the board who is exempt
from the state's position classification plan or is compensated at or above the
amount prescribed by the General Appropriations Act for step 1, salary group
A17, of the position classification salary schedule].
(c)i[(d)]iiA person may not be [serve as] a [board] member of the board or
act as the general counsel to the board if the person is required to register as a
lobbyist under Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the board's operation.
SECTIONi9.iiSections 301.055(a) and (c), Occupations Code, are amended to read as follows:
(a)iiIt is a ground for removal from the board that a member:
(1)iidoes not have at the time of taking office [appointment] the
qualifications required by Section 301.051(a);
(2)iidoes not maintain during service on the board the qualifications required by Section 301.051(a);
(3)iiis ineligible for membership underi[violates a prohibition
established by] Section 301.053;
(4)iicannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5)iiis absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the board.
(c)iiIf the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
SECTIONi10.iiSection 301.056(b), Occupations Code, is amended to read as follows:
5920 80th LEGISLATURE — REGULAR SESSION
(b)iiA board member is [not] entitled to reimbursement for travel expenses
incurred while conducting board business, including expenses for transportation,
meals, and lodging, [other than transportation expenses. A member is entitled to
reimbursement for transportation expenses] as provided by the General
Appropriations Act.
SECTIONi11.iiSections 301.059(a), (b), and (c), Occupations Code, are amended to read as follows:
(a)iiA person who is appointed to and qualifies for office as a member of the
board may not vote, deliberate, or be counted in attendance at a meeting of the
board until the person completes [Before a board member may assume the
member's duties and before the member may be confirmed by the senate, the
member must complete at least one course of] a training program that complies
with [established by the board under] this section.
(b)iiThe training program must [shall] provide the person with information
[to a participant] regarding:
(1)iithe legislation that created the board and the board's programs,
functions, rules, and budgeti[this chapter];
(2)iithe results of the most recent formal audit of [programs operated by]
the board;
(3)iithe requirements of laws relating to open meetings, public
information, administrative procedure, and conflicts of interest [role and
functions of the board]; and
(4)ii[the rules of the board, with an emphasis on the rules that relate to
disciplinary and investigatory authority;
[(5)iithe current budget for the board;
[(6)iithe results of the most recent formal audit of the board;
[(7)iithe requirements of Chapters 551, 552, 2001, and 2002,
Government Code;
[(8)iithe requirements of the conflict of interest laws and other laws
relating to public officials; and
[(9)]iiany applicable ethics policies adopted by the board or the Texas
Ethics Commission.
(c)iiA person appointed to the board is entitled to reimbursement, as
provided by the General Appropriations Act, for the travel expenses incurred in
attending the training program regardless of whether the attendance at the
program occurs before or after the person qualifies for office. [In developing the
training program, the board shall consult with the governor's office, the attorney
general's office, and the Texas Ethics Commission.]
SECTIONi12.iiSubchapter D, Chapter 301, Occupations Code, is amended by adding Section 301.1545 to read as follows:
Sec.i301.1545.iiRULES ON CONSEQUENCES OF CRIMINAL CONVICTION OR DEFERRED ADJUDICATION. (a) The board shall adopt rules and guidelines necessary to comply with Chapter 53, except to the extent the requirements of this subtitle are stricter than the requirements of that chapter.
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(b)iiIn its rules under this section, the board shall list the offenses for which a conviction would constitute grounds for the board to take action under Section 53.021 or for which placement on deferred adjudication community supervision would constitute grounds for the board to take action under this chapter.
SECTIONi13.iiSection 301.157, Occupations Code, is amended by amending Subsections (a), (b), and (d) and adding Subsections (a-1), (b-1), (d-1) through (d-7), and (h) to read as follows:
(a)iiThe board shall prescribe three programs of study to prepare a person to
receive an initial license as a registered nurse under this chapter [nurses] as
follows:
(1)iia baccalaureate degree program that is conducted by an educational unit in nursing that is a part of a senior college or university and that leads to a baccalaureate degree in nursing;
(2)iian associate degree program that is conducted by an educational unit in nursing within the structure of a college or a university and that leads to an associate degree in nursing; and
(3)iia diploma program that is conducted by a single-purpose school, usually under the control of a hospital, and that leads to a diploma in nursing.
(a-1)iiA diploma program of study in this state that leads to an initial license as a registered nurse under this chapter and that is completed on or after December 31, 2014, must entitle a student to receive a degree on the student's successful completion of a degree program of a public or private institution of higher education accredited by an agency recognized by the Texas Higher Education Coordinating Board.
(b)iiThe board shall:
(1)iiprescribe two programs of study to prepare a person to receive an
initial vocational nurse license under this chapter [nurses] as follows:
(A)iia program conducted by an educational unit in nursing within the structure of a school, including a college, university, or proprietary school; and
(B)iia program conducted by a hospital;
(2)iiprescribe and publish the minimum requirements and standards for a course of study in each program that prepares registered nurses or vocational nurses;
(3)iiprescribe other rules as necessary to conduct approved schools of nursing and educational programs for the preparation of registered nurses or vocational nurses;
(4)iiapprove schools of nursing and educational programs that meet the board's requirements;
(5)iiselect one or more national nursing accrediting agencies, recognized by the United States Department of Education and determined by the board to have acceptable standards, to accredit schools of nursing and educational programs; and
(6)i[(5)]iideny or withdraw approval from a school of nursing or
educational program that:
5922 80th LEGISLATURE — REGULAR SESSION
(A)iifails to meet the prescribed course of study or other standard under which it sought approval by the board;
(B)iifails to meet or maintain accreditation with the national nursing accrediting agency selected by the board under Subdivision (5) under which it was approved or sought approval by the board; or
(C)iifails to maintain the approval of the state board of nursing of another state and the board under which it was approved.
(b-1)iiThe board may not require accreditation of the governing institution of a school of nursing. The board shall accept the requirements established by the Texas Higher Education Coordinating Board for accrediting the governing institution of a school of nursing. The governing institution of a professional nursing school, not including a diploma program, must be accredited by an agency recognized by the Texas Higher Education Coordinating Board or hold a certificate of authority from the Texas Higher Education Coordinating Board under provisions leading to accreditation of the institution in due course.
(d)iiA person may not be certified as a graduate of any school of nursing or
educational program unless the person has completed the requirements of the
prescribed course of study, including clinical practice, of a [an approved] school
of nursing or educational program that:
(1)iiis approved by the board;
(2)iiis accredited by a national nursing accreditation agency determined by the board to have acceptable standards; or
(3)iiis approved by a state board of nursing of another state and the board, subject to Subsection (d-4).
(d-1)iiA school of nursing or educational program is considered approved by the board and, except as provided by Subsection (d-7), is exempt from board rules that require ongoing approval if the school or program:
(1)iiis accredited and maintains accreditation through a national nursing accrediting agency selected by the board under Subsection (b)(5); and
(2)iimaintains an acceptable pass rate as determined by the board on the applicable licensing examination under this chapter.
(d-2)iiA school of nursing or educational program that fails to meet or maintain an acceptable pass rate on applicable licensing examinations under this chapter is subject to review by the board. The board may assist the school or program in its effort to achieve compliance with the board's standards.
(d-3)iiA school or program from which approval has been withdrawn under this section may reapply for approval.
(d-4)iiThe board may recognize and accept as approved under this section a school of nursing or educational program operated in another state and approved by a state board of nursing of another state. The board shall develop policies to ensure that the other state board's standards are substantially equivalent to the board's standards.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5923
(d-5)iiThe board shall streamline the process for initially approving a school of nursing or educational program under this section by identifying and eliminating tasks performed by the board that duplicate or overlap tasks performed by the Texas Higher Education Coordinating Board or the Texas Workforce Commission.
(d-6)iiThe board, in cooperation with the Texas Higher Education Coordinating Board and the Texas Workforce Commission, shall establish guidelines for the initial approval of schools of nursing or educational programs. The guidelines must:
(1)iiidentify the approval processes to be conducted by the Texas Higher Education Coordinating Board or the Texas Workforce Commission;
(2)iirequire the approval process identified under Subdivision (1) to precede the approval process conducted by the board; and
(3)iibe made available on the board's Internet website and in a written form.
(d-7)iiA school of nursing or educational program approved under Subsection (d-1) shall:
(1)iiprovide the board with copies of any reports submitted to or received from the national nursing accrediting agency selected by the board;
(2)iinotify the board of any change in accreditation status; and
(3)iiprovide other information required by the board as necessary to evaluate and establish nursing education and workforce policy in this state.
(h)iiThe board, in collaboration with the nursing educators, the Texas Higher Education Coordinating Board, and the Texas Health Care Policy Council, shall implement, monitor, and evaluate a plan for the creation of innovative nursing education models that promote increased enrollment in this state's nursing programs.
SECTIONi14.iiSubchapter D, Chapter 301, Occupations Code, is amended by adding Section 301.1595 to read as follows:
Sec.i301.1595.iiADVISORY COMMITTEES. (a) The board may appoint advisory committees to perform the advisory functions assigned by the board.
(b)iiAn advisory committee shall provide independent expertise on board functions and policies, but may not be involved in setting board policy.
(c)iiThe board shall adopt rules regarding the purpose, structure, and use of advisory committees, including rules on:
(1)iithe purpose, role, responsibility, and goal of an advisory committee;
(2)iithe size and quorum requirements for an advisory committee;
(3)iithe composition and representation of an advisory committee;
(4)iithe qualifications of advisory committee members, such as experience or area of residence;
(5)iithe appointment procedures for advisory committees;
(6)iithe terms of service for advisory committee members;
(7)iithe training requirements for advisory committee members, if necessary;
(8)iithe method the board will use to receive public input on issues addressed by an advisory committee; and
5924 80th LEGISLATURE — REGULAR SESSION
(9)iithe development of board policies and procedures to ensure advisory committees meet the requirements for open meetings under Chapter 551, Government Code, including notification requirements.
(d)iiA board member may not serve as a member of an advisory committee, but may serve as a liaison between an advisory committee and the board. A board member liaison that attends advisory committee meetings may attend only as an observer and not as a participant. A board member liaison is not required to attend advisory committee meetings. The role of a board member liaison is limited to clarifying the board's charge and intent to the advisory committee.
(e)iiTo the extent of any conflict with Chapter 2110, Government Code, this section and board rules adopted under this section control.
SECTIONi15.iiSubchapter D, Chapter 301, Occupations Code, is amended by adding Sections 301.166 and 301.167 to read as follows:
Sec.i301.166.iiUSE OF TECHNOLOGY. The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions. The policy must ensure that the public is able to interact with the board on the Internet.
Sec.i301.167.iiNEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION. (a) The board shall develop and implement a policy to encourage the use of:
(1)iinegotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of board rules; and
(2)iiappropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the board's jurisdiction.
(b)iiThe board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)iiThe board shall designate a trained person to:
(1)iicoordinate the implementation of the policy adopted under Subsection (a);
(2)iiserve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)iicollect data concerning the effectiveness of those procedures, as implemented by the board.
SECTIONi16.iiSection 301.203, Occupations Code, is amended to read as follows:
Sec.i301.203.iiRECORDS AND ANALYSIS OF COMPLAINTS. (a) The
board shall maintain a system to promptly and efficiently act on complaints [keep
an information file about each complaint] filed with the board. The board shall
maintain information about [information file must be kept current and must
contain a record for each complaint of]:
(1)iiparties to the complainti[each person contacted in relation to the
complaint];
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5925
(2)iithe subject matter of the complaintii[a summary of findings made at
each step of the complaint process];
(3)iia summary of the results of the review or investigation of the
complainti[an explanation of the legal basis and reason for a complaint that is
dismissed]; and
(4)iithe complaint's dispositioni[the schedule required under Section
301.204 and a notation of any change in the schedule; and
[(5)iiother relevant information].
(b)iiThe board shall make information available describing its procedures for complaint investigation and resolution.
(c)iiThe board shall periodically [If a written complaint is filed with the
board that the board has authority to resolve, the board, at least quarterly and until
final disposition of the complaint, shall] notify the parties to the complaint of the
status of the complaint until final disposition unless notice would jeopardize an
undercover investigation.
(d)iiThe board shall develop a method for analyzing the sources and types of complaints and violations and establish categories for the complaints and violations. The board shall use the analysis to focus its information and education efforts on specific problem areas identified through the analysis.
(e)iiThe board shall analyze complaints filed with the board to identify any trends or issues related to certain violations, including:
(1)iithe reason for each complaint;
(2)iihow each complaint was resolved; and
(3)iithe subject matter of each complaint that was not within the jurisdiction of the board and how the board responded to the complaint.
SECTIONi17.iiThe heading to Section 301.204, Occupations Code, is amended to read as follows:
Sec.i301.204.iiGENERAL RULES, POLICIES, AND PROCEDURES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION.
SECTIONi18.iiSection 301.204, Occupations Code, is amended by amending Subsection (a) and adding Subsection (f) to read as follows:
(a)iiThe board shall adopt rules, policies, and procedures concerning the investigation of a complaint filed with the board. The rules, policies, or procedures adopted under this subsection must:
(1)iidistinguish between categories of complaints;
(2)iiensure that complaints are not dismissed without appropriate consideration;
(3)iirequire that the board be advised of a complaint that is dismissed and that a letter be sent to the person who filed the complaint explaining the action taken on the dismissed complaint;
(4)iiensure that the person who filed the complaint has an opportunity to
explain the allegations made in the complaint; [and]
(5)iiprescribe guidelines concerning the categories of complaints that require the use of a private investigator and the procedures for the board to obtain the services of a private investigator; and
5926 80th LEGISLATURE — REGULAR SESSION
(6)iiby rule allow appropriate employees of the board to dismiss a complaint if an investigation demonstrates that:
(A)iia violation did not occur; or
(B)iithe subject of the complaint is outside the board's jurisdiction.
(f)iiAt each public meeting of the board, the executive director shall report to the board each complaint dismissed under Subsection (a)(6) since the board's last public meeting.
SECTIONi19.iiSection 301.252, Occupations Code, is amended by amending Subsections (a) and (b) and adding Subsection (a-1) to read as follows:
(a)iiEach applicant for a registered nurse license or a vocational nurse license must submit to the board a sworn application that demonstrates the applicant's qualifications under this chapter, accompanied by evidence that the applicant:
(1)iihas good professional character; [and]
(2)iihas successfully completed a [an approved] program of professional
or vocational nursing education approved under Section 301.157(d); and
(3)iihas passed the jurisprudence examination approved by the board as provided by Subsection (a-1).
(a-1)iiThe jurisprudence examination shall be conducted on the licensing requirements under this chapter and board rules and other laws, rules, or regulations applicable to the nursing profession in this state. The board shall adopt rules for the jurisprudence examination under Subsection (a)(3) regarding:
(1)iithe development of the examination;
(2)iiapplicable fees;
(3)iiadministration of the examination;
(4)iireexamination procedures;
(5)iigrading procedures; and
(6)iinotice of results.
(b)iiThe board may waive the requirement of Subsection (a)(2) for a vocational nurse applicant if the applicant provides satisfactory sworn evidence that the applicant has completed an acceptable level of education in:
(1)iia professional nursing school approved under Section 301.157(d)
[by the board]; or
(2)iia school of professional nurse education located in another state or a foreign country.
SECTIONi20.iiSection 301.253, Occupations Code, is amended by amending Subsection (b) and adding Subsections (c-1), (f), and (g) to read as follows:
(b)iiEach examination administered under this section must be prepared by a
national testing service or the board.iiThe board shall ensure that the [give the]
examination is administered in various cities throughout the state.
(c-1)iiThe board shall:
(1)iiadopt policies and guidelines detailing the procedures for the testing process, including test admission, test administration, and national examination requirements; and
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5927
(2)iipost on the board's Internet website the policies that reference the testing procedures by the national organization selected by the board to administer an examination.
(f)iiThe board shall develop a written refund policy regarding examination fees that:
(1)iidefines the reasonable notification period and the emergencies that would qualify for a refund; and
(2)iidoes not conflict with any examination fee or refund policy of the testing service involved in administering the examination.
(g)iiThe board may recommend to a national testing service selected by the board to offer examinations under this section the board's written policy for refunding an examination fee for an applicant who:
(1)iiprovides advance notice of the applicant's inability to take the examination; or
(2)iiis unable to take the examination because of an emergency.
SECTIONi21.iiSection 301.301, Occupations Code, is amended by amending Subsections (b) and (c) and adding Subsection (c-1) to read as follows:
(b)iiA person may renew an unexpired license issued under this chapter on payment to the board of the required renewal fee before the expiration date of the license, payment to the board of any costs assessed under Section 301.461, and compliance with any other renewal requirements adopted by the board. A person whose license has expired may not engage in activities that require a license until the license has been renewed.
(c)iiA person whose license has been expired for 90 days or less may renew
the license by paying to the board the required renewal fee and a late fee in the
amount considered appropriate by the board to encourage timely renewal [that is
equal to one-half the amount charged for examination for the license].
(c-1)iiA person whose [If a] license has been expired for more than 90 days
but less than one year[, the person] may renew the license by paying to the board
all unpaid renewal fees and a late fee that is equal to twice the amount of a late
fee under Subsection (c) [the amount charged for examination for the license].
SECTIONi22.iiSection 301.302(a), Occupations Code, is amended to read as follows:
(a)iiA [The board may renew without examination the expired license of a]
person who was licensed to practice professional nursing or vocational nursing in
this state, moved to another state, and is currently licensed and has been in
practice in the other state for the two years preceding application may obtain a
new license without examination.
SECTIONi23.iiSection 301.303, Occupations Code, is amended by adding Subsection (g) to read as follows:
(g)iiThe board by rule may establish guidelines for targeted continuing education required under this chapter. The rules adopted under this subsection must address:
(1)iithe nurses who are required to complete the targeted continuing education program;
5928 80th LEGISLATURE — REGULAR SESSION
(2)iithe type of courses that satisfy the targeted continuing education requirement;
(3)iithe time in which a nurse is required to complete the targeted continuing education;
(4)iithe frequency with which a nurse is required to meet the targeted continuing education requirement; and
(5)iiany other requirement considered necessary by the board.
SECTIONi24.iiSection 301.410, Occupations Code, is amended to read as follows:
Sec.i301.410.iiREPORT REGARDING IMPAIRMENT BY CHEMICAL
DEPENDENCY, [OR] MENTAL ILLNESS, OR DIMINISHED MENTAL
CAPACITY. (a) A person who is required to report a nurse under this subchapter
because the nurse is impaired or suspected of being impaired by chemical
dependency or mental illness may report to a peer assistance program approved
by the board under Chapter 467, Health and Safety Code, instead of reporting to
the board or requesting review by a nursing peer review committee.
(b)iiA person who is required to report a nurse under this subchapter because the nurse is impaired or suspected of being impaired by chemical dependency or diminished mental capacity must report to the board if the person believes that an impaired nurse committed a practice violation.
SECTIONi25.iiSubchapter I, Chapter 301, Occupations Code, is amended by adding Sections 301.4105 and 301.4106 to read as follows:
Sec.i301.4105.iiBOARD RESPONSIBILITY FOLLOWING REPORT. The board shall determine whether a nurse violated this chapter or a rule adopted under this chapter for any case reported to the board in which the nurse's ability to perform the practice of nursing was impaired or suspected of being impaired by chemical dependency or diminished mental capacity and in which the nurse is suspected of committing a practice violation. The board, in deciding whether to take disciplinary action against the nurse for a violation of this chapter or board rules, shall balance the need to protect the public and the need to ensure the impaired nurse seeks treatment.
Sec.i301.4106.iiPEER ASSISTANCE PROGRAMS. The board by rule shall develop guidelines to:
(1)iioutline the roles and responsibilities of the board and a peer assistance program established or approved by the board under Chapter 467, Health and Safety Code;
(2)iioutline the process for a peer assistance program to refer to the board complaints alleging a violation of the practice of nursing;
(3)iiestablish requirements for successfully completing a peer assistance program and for notification of the board of the successful completion by a nurse the board has ordered to attend or referred to the program; and
(4)iiestablish a procedure for evaluating the success of a peer assistance program established or approved by the board under Chapter 467, Health and Safety Code.
SECTIONi26.iiSection 301.452, Occupations Code, is amended by adding Subsection (d) to read as follows:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5929
(d)iiThe board by rule shall establish guidelines to ensure that any arrest information, in particular information on arrests in which criminal action was not proven or charges were not filed or adjudicated, that is received by the board under this section is used consistently, fairly, and only to the extent the underlying conduct relates to the practice of nursing.
SECTIONi27.iiSubchapter J, Chapter 301, Occupations Code, is amended by adding Section 301.4531 to read as follows:
Sec.i301.4531.iiSCHEDULE OF SANCTIONS. (a) The board by rule shall adopt a schedule of the disciplinary sanctions that the board may impose under this chapter. In adopting the schedule of sanctions, the board shall ensure that the severity of the sanction imposed is appropriate to the type of violation or conduct that is the basis for disciplinary action.
(b)iiIn determining the appropriate disciplinary action, including the amount of any administrative penalty to assess, the board shall consider:
(1)iiwhether the person:
(A)iiis being disciplined for multiple violations of either this chapter or a rule or order adopted under this chapter; or
(B)iihas previously been the subject of disciplinary action by the board and has previously complied with board rules and this chapter;
(2)iithe seriousness of the violation;
(3)iithe threat to public safety; and
(4)iiany mitigating factors.
(c)iiIn the case of a person described by:
(1)iiSubsection (b)(1)(A), the board shall consider taking a more severe disciplinary action, including revocation of the person's license, than the disciplinary action that would be taken for a single violation; and
(2)iiSubsection (b)(1)(B), the board shall consider taking a more severe disciplinary action, including revocation of the person's license, than the disciplinary action that would be taken for a person who has not previously been the subject of disciplinary action by the board.
SECTIONi28.iiSubchapter J, Chapter 301, Occupations Code, is amended by adding Sections 301.470 and 301.471 to read as follows:
Sec.i301.470.iiREFUND. (a) Subject to Subsection (b), the board may order a license holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under this chapter.
(b)iiThe amount of a refund ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to a nurse for a service regulated by this chapter or the actual amount stolen or defrauded from a patient by the nurse. The board may not require payment of other damages or estimate harm in a refund order.
Sec.i301.471.iiEMERGENCY CEASE AND DESIST ORDER. (a) If it appears to the board that a person who is not licensed under this chapter is violating this chapter, a rule adopted under this chapter, or another state statute or
5930 80th LEGISLATURE — REGULAR SESSION
(1)iiissue an emergency cease and desist order prohibiting the person from engaging in the activity; and
(2)iireport the activity to a local law enforcement agency or the attorney general for prosecution.
(b)iiAn order issued under Subsection (a) must:
(1)iibe delivered on issuance to the person affected by the order by personal delivery or registered or certified mail, return receipt requested, to the person's last known address;
(2)iistate the acts or practices alleged to be an unauthorized activity and require the person immediately to cease and desist from the unauthorized activity; and
(3)iicontain a notice that a request for hearing may be filed under this section.
(c)iiUnless the person against whom the emergency cease and desist order is directed requests a board hearing in writing before the 11th day after the date it is served on the person, the order is final and nonappealable as to that person. A request for a board hearing must:
(1)iibe in writing and directed to the board; and
(2)iistate the grounds for the request to set aside or modify the order.
(d)iiOn receiving a request for a hearing, the board shall serve notice of the time and place of the hearing by personal delivery or registered or certified mail, return receipt requested. The hearing must be held not later than the 10th day after the date the board receives the request for a hearing unless the parties agree to a later hearing date. A hearing under this subsection is subject to Chapter 2001, Government Code.
(e)iiAfter the hearing, the board shall affirm, modify, or set aside wholly or partly the emergency cease and desist order. An order affirming or modifying the emergency cease and desist order is immediately final for purposes of enforcement and appeal.
(f)iiAn order under this section continues in effect unless the order is stayed by the board. The board may impose any condition before granting a stay of the order.
(g)iiThe board may release to the public a final cease and desist order issued under this section or information regarding the existence of the order if the board determines that the release would enhance the effective enforcement of the order or will serve the public interest.
(h)iiA violation of an order issued under this section constitutes grounds for imposing an administrative penalty under this chapter.
SECTIONi29.iiSection 301.502(a), Occupations Code, is amended to read as follows:
(a)iiThe amount of the administrative penalty may not exceed $5,000
[$2,500] for each violation. Each day a violation continues or occurs is a separate
violation for purposes of imposing a penalty.
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SECTIONi30.iiSubtitle E, Title 3, Occupations Code, is amended by adding Chapter 305 to read as follows:
CHAPTER 305. NCSBN ADVANCED PRACTICE REGISTERED NURSE COMPACT
Sec.i305.001.iiNCSBN ADVANCED PRACTICE REGISTERED NURSE COMPACT. The NCSBN Advanced Practice Registered Nurse Compact is enacted and entered into with all other jurisdictions that legally join in the compact, which is as follows:
NCSBN ADVANCED PRACTICE REGISTERED NURSE COMPACT
ARTICLE 1. FINDINGS AND DECLARATION OF PURPOSE
(a)iiThe party states find that:
(1)iithe health and safety of the public are affected by the degree of compliance with APRN licensure/authority to practice requirements and the effectiveness of enforcement activities related to state APRN licensure/authority to practice laws;
(2)iiviolations of APRN licensure/authority to practice and other laws regulating the practice of nursing may result in injury or harm to the public;
(3)iithe expanded mobility of APRNs and the use of advanced communication technologies as part of our nation's health care delivery system require greater coordination and cooperation among states in the areas of APRN licensure/authority to practice and regulation;
(4)iinew practice modalities and technology make compliance with individual state APRN licensure/authority to practice laws difficult and complex;
(5)iithe current system of duplicative APRN licensure/authority to practice for APRNs practicing in multiple states is cumbersome and redundant to both APRNs and states;
(6)iiuniformity of APRN requirements throughout the states promotes public safety and public health benefits; and
(7)iiaccess to APRN services increases the public's access to health care, particularly in rural and underserved areas.
(b)iiThe general purposes of this compact are to:
(1)iifacilitate the states' responsibilities to protect the public's health and safety;
(2)iiensure and encourage the cooperation of party states in the areas of APRN licensure/authority to practice and regulation, including promotion of uniform licensure requirements;
(3)iifacilitate the exchange of information between party states in the areas of APRN regulation, investigation, and adverse actions;
(4)iipromote compliance with the laws governing APRN practice in each jurisdiction; and
(5)iiinvest all party states with the authority to hold an APRN accountable for meeting all state practice laws in the state in which the patient is located at the time care is rendered through the mutual recognition of party state licenses.
5932 80th LEGISLATURE — REGULAR SESSION
ARTICLE 2. DEFINITIONS
(a)ii"Advanced practice registered nurse" or "APRN" means a nurse anesthetist, nurse practitioner, nurse midwife, or clinical nurse specialist to the extent a party state licenses or grants authority to practice in that APRN role and title.
(b)ii"Adverse action" means a home or remote state disciplinary action.
(c)ii"Alternative program" means a voluntary, non-disciplinary monitoring program approved by a licensing board.
(d)ii"APRN licensure/authority to practice" means the regulatory mechanism used by a party state to grant legal authority to practice as an APRN.
(e)ii"APRN uniform licensure/authority to practice requirements" means those minimum uniform licensure, education, and examination requirements as agreed to by the compact administrators and adopted by licensing boards for the recognized APRN role and title.
(f)ii"Coordinated licensure information system" means an integrated process for collecting, storing, and sharing information on APRN licensure/authority to practice and enforcement activities related to APRN licensure/authority to practice laws, which is administered by a nonprofit organization composed of and controlled by state licensing boards.
(g)ii"Current significant investigative information" means:
(1)iiinvestigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the APRN to respond if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
(2)iiinvestigative information that indicates that the APRN represents an immediate threat to public health and safety regardless of whether the APRN has been notified and had an opportunity to respond.
(h)ii"Home state" means the party state that is the APRN's primary state of residence.
(i)ii"Home state action" means any administrative, civil, equitable, or criminal action permitted by the home state's laws which are imposed on an APRN by the home state's licensing board or other authority, including actions against an individual's license/authority to practice such as: revocation, suspension, probation, or any other action which affects an APRN's authorization to practice.
(j)ii"Licensing board" means a party state's regulatory body responsible for issuing APRN licensure/authority to practice.
(k)ii"Multistate advanced practice privilege" means current authority from a remote state permitting an APRN to practice in that state in the same role and title as the APRN is licensed/authorized to practice in the home state to the extent that the remote state laws recognize such APRN role and title. A remote state has the authority, in accordance with existing state due process laws, to take actions against the APRN's privilege, including revocation, suspension, probation, or any other action that affects an APRN's multistate privilege to practice.
(l)ii"Party state" means any state that has adopted this compact.
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(m)ii"Prescriptive authority" means the legal authority to prescribe medications and devices as defined by party state laws.
(n)ii"Remote state" means a party state, other than the home state:
(1)iiwhere the patient is located at the time APRN care is provided; or
(2)iiin the case of APRN practice not involving a patient, in such party state where the recipient of APRN practice is located.
(o)ii"Remote state action" means:
(1)iiany administrative, civil, equitable, or criminal action permitted by a remote state's laws which are imposed on an APRN by the remote state's licensing board or other authority, including actions against an individual's multistate advanced practice privilege in the remote state; and
(2)iicease and desist and other injunctive or equitable orders issued by remote states or the licensing boards thereof.
(p)ii"State" means a state, territory, or possession of the United States.
(q)ii"State practice laws" means a party state's laws and regulations that govern APRN practice, define the scope of advanced nursing practice, including prescriptive authority, and create the methods and grounds for imposing discipline. State practice laws do not include the requirements necessary to obtain and retain APRN licensure/authority to practice as an APRN, except for qualifications or requirements of the home state.
(r)ii"Unencumbered" means that a state has no current disciplinary action against an APRN's license/authority to practice.
ARTICLE 3. GENERAL PROVISIONS AND JURISDICTION
(a)iiAll party states shall participate in the nurse licensure compact for registered nurses and licensed practical/vocational nurses in order to enter into the APRN compact.
(b)iiNo state shall enter the APRN compact until the state adopts, at a minimum, the APRN uniform licensure/authority to practice requirements for each APRN role and title recognized by the state seeking to enter the APRN compact.
(c)iiAPRN licensure/authority to practice issued by a home state to a resident in that state will be recognized by each party state as authorizing a multistate advanced practice privilege to the extent that the role and title are recognized by each party state. To obtain or retain APRN licensure/authority to practice as an APRN, an applicant must meet the home state's qualifications for authority or renewal of authority as well as all other applicable state laws.
(d)iiThe APRN multistate advanced practice privilege does not include prescriptive authority, and does not affect any requirements imposed by states to grant to an APRN initial and continuing prescriptive authority according to state practice laws. However, a party state may grant prescriptive authority to an individual on the basis of a multistate advanced practice privilege to the extent permitted by state practice laws.
(e)iiA party state may, in accordance with state due process laws, limit or revoke the multistate advanced practice privilege in the party state and may take any other necessary actions under the party state's applicable laws to protect the health and safety of the party state's citizens. If a party state takes action, the
5934 80th LEGISLATURE — REGULAR SESSION
(f)iiAn APRN practicing in a party state must comply with the state practice laws and licensing board rules of the state in which the patient is located at the time care is provided. The APRN practice includes patient care and all advanced nursing practice defined by the party state's practice laws. The APRN practice will subject an APRN to the jurisdiction of the licensing board, the courts, and the laws of the party state.
(g)iiIndividuals not residing in a party state may apply for APRN licensure/authority to practice as an APRN under the laws of a party state. However, the authority to practice granted to these individuals will not be recognized as granting the privilege to practice as an APRN in any other party state unless explicitly agreed to by that party state.
ARTICLE 4. APPLICATIONS FOR APRN LICENSURE/AUTHORITY TO PRACTICE IN A PARTY STATE
(a)iiOnce an application for APRN licensure/authority to practice is submitted, a party state shall ascertain, through the coordinated licensure information system, whether:
(1)iithe applicant has held or is the holder of a nursing license/authority to practice issued by another state;
(2)iithe applicant has had a history of previous disciplinary action by any state;
(3)iian encumbrance exists on any license/authority to practice; and
(4)iiany other adverse action by any other state has been taken against a license/authority to practice.
This information may be used in approving or denying an application for APRN licensure/authority to practice.
(b)iiAn APRN in a party state shall hold APRN licensure/authority to practice in only one party state at a time, issued by the home state.
(c)iiAn APRN who intends to change the APRN's primary state of residence may apply for APRN licensure/authority to practice in the new home state in advance of such change. However, new licensure/authority to practice will not be issued by a party state until after an APRN provides evidence of change in primary state of residence satisfactory to the new home state's licensing board.
(d)iiWhen an APRN changes primary state of residence by:
(1)iimoving between two party states, and obtains APRN licensure/authority to practice from the new home state, the APRN licensure/authority to practice from the former home state is no longer valid;
(2)iimoving from a nonparty state to a party state, and obtains APRN licensure/authority to practice from the new home state, the individual state license issued by the nonparty state is not affected and will remain in full force if so provided by the laws of the nonparty state; and
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(3)iimoving from a party state to a nonparty state, the APRN licensure/authority to practice issued by the prior home state converts to an individual state license, valid only in the former home state, without the multistate licensure privilege to practice in other party states.
ARTICLE 5. ADVERSE ACTIONS
(a)iiThe licensing board of a remote state shall promptly report to the administrator of the coordinated licensure information system any remote state actions, including the factual and legal basis for such action, if known. The licensing board of a remote state shall also promptly report any significant current investigative information yet to result in a remote state action. The administrator of the coordinated licensure information system shall promptly notify the home state of any such reports.
(b)iiThe licensing board of a party state shall have the authority to complete any pending investigations for an APRN who changes primary state of residence during the course of such investigations. It shall also have the authority to take appropriate action, and shall promptly report the conclusions of such investigations to the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any such actions.
(c)iiA remote state may take adverse action affecting the multistate advanced practice privilege to practice within that party state. However, only the home state shall have the power to impose adverse action against the APRN licensure/authority to practice issued by the home state.
(d)iiFor purposes of imposing adverse action, the licensing board of the home state shall give the same priority and effect to reported conduct received from a remote state as it would if such conduct had occurred within the home state. In so doing, it shall apply its own state laws to determine appropriate action.
(e)iiThe home state may take adverse action based on the factual findings of the remote state, so long as each state follows its own procedures for imposing such adverse action.
(f)iiNothing in this compact shall override a party state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the party state's laws. Party states must require APRNs who enter any alternative programs to agree not to practice in any other party state during the term of the alternative program without prior authorization from such other party state.
(g)iiAll home state licensing board disciplinary orders, agreed or otherwise, which limit the scope of the APRN's practice or require monitoring of the APRN as a condition of the order shall include the requirements that the APRN will limit her or his practice to the home state during the pendency of the order. This requirement may allow the APRN to practice in other party states with prior written authorization from both the home state and party state licensing boards.
ARTICLE 6. ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE LICENSING BOARDS
(a)iiNotwithstanding any other powers, party state licensing boards shall have the authority to:
5936 80th LEGISLATURE — REGULAR SESSION
(1)iiif otherwise permitted by state law, recover from the affected APRN the costs of investigations and disposition of cases resulting from any adverse action taken against that APRN;
(2)iiissue subpoenas for both hearings and investigations, which require the attendance and testimony of witnesses, and the production of evidence;
(3)iiissue cease and desist orders to limit or revoke an APRN's privilege or licensure/authority to practice in their state; and
(4)iipromulgate uniform rules and regulations as provided for in Article 8(c).
(b)iiSubpoenas issued by a licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located.
ARTICLE 7. COORDINATED LICENSURE INFORMATION SYSTEM
(a)iiAll party states shall participate in a cooperative effort to create a coordinated database of all APRNs. This system will include information on the APRN licensure/authority to practice and disciplinary history of each APRN, as contributed by party states, to assist in the coordination of APRN licensure/authority to practice and enforcement efforts.
(b)iiNotwithstanding any other provision of law, all party states' licensing boards shall promptly report adverse actions, actions against multistate advanced practice privileges, any current significant investigative information yet to result in adverse action, denials of applications, and the reasons for such denials to the coordinated licensure information system.
(c)iiCurrent significant investigative information shall be transmitted through the coordinated licensure information system only to party state licensing boards.
(d)iiNotwithstanding any other provision of law, all party states' licensing boards contributing information to the coordinated licensure information system may designate information that may not be shared with nonparty states or disclosed to other entities or individuals without the express permission of the contributing state.
(e)iiAny personally identifiable information obtained by a party states' licensing board from the coordinated licensure information system may not be shared with nonparty states or disclosed to other entities or individuals except to the extent permitted by the laws of the party state contributing the information.
(f)iiAny information contributed to the coordinated licensure information system that is subsequently required to be expunged by the laws of the party state contributing that information shall also be expunged from the coordinated licensure information system.
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(g)iiThe compact administrators, acting jointly with each other and in consultation with the administrator of the coordinated licensure information system, shall formulate necessary and proper procedures for the identification, collection, and exchange of information under this compact.
ARTICLE 8. COMPACT ADMINISTRATION AND INTERCHANGE OF INFORMATION
(a)iiThe head of the licensing board, or his/her designee, of each party state shall be the administrator of this compact for his/her state.
(b)iiThe compact administrator of each party state shall furnish to the compact administrator of each other party state any information and documents including, but not limited to, a uniform data set of investigations, identifying information, licensure data, and disclosable alternative program participation information to facilitate the administration of this compact.
(c)iiCompact administrators shall have the authority to develop uniform rules to facilitate and coordinate implementation of this compact. These uniform rules shall be adopted by party states, under the authority invested under Article 6(a)(4).
ARTICLE 9. IMMUNITY
No party state or the officers or employees or agents of a party state's licensing board who act in accordance with the provisions of this compact shall be liable on account of any act or omission in good faith while engaged in the performance of their duties under this compact. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness.
ARTICLE 10. ENTRY INTO FORCE, WITHDRAWAL, AND AMENDMENT
(a)iiThis compact shall enter into force and become effective as to any state when it has been enacted into the laws of that state. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until six months after the withdrawing state has given notice of the withdrawal to the executive heads of all other party states.
(b)iiNo withdrawal shall affect the validity or applicability by the licensing boards of states remaining party to the compact of any report of adverse action occurring prior to the withdrawal.
(c)iiNothing contained in this compact shall be construed to invalidate or prevent any APRN licensure/authority to practice agreement or other cooperative arrangement between a party state and a nonparty state that is made in accordance with the other provisions of this compact.
(d)iiThis compact may be amended by the party states. No amendment to this compact shall become effective and binding upon the party states unless and until it is enacted into the laws of all party states.
ARTICLE 11. CONSTRUCTION AND SEVERABILITY
(a)iiThis compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government,
5938 80th LEGISLATURE — REGULAR SESSION
(b)iiIn the event party states find a need for settling disputes arising under this compact:
(1)iithe party states may submit the issues in dispute to an arbitration panel which will be composed of an individual appointed by the compact administrator in the home state, an individual appointed by the compact administrator in the remote state involved, and an individual mutually agreed upon by the compact administrators of all the party states involved in the dispute; and
(2)iithe decision of a majority of the arbitrators shall be final and binding.
Sec.i305.002.iiBOARD AUTHORITY. Notwithstanding any provision of this chapter, the Texas Board of Nursing may establish criteria for recognizing advanced practice registered nurses under the NCSBN APRN Compact.
Sec.i305.003.iiRULES; EXPIRATION OF CHAPTER. (a) The Texas Board of Nursing may adopt rules necessary to implement this chapter.
(b)iiIf the board does not adopt rules to implement the compact under this chapter before December 31, 2011, the board may not implement the NCSBN APRN Compact and this chapter expires December 31, 2011.
Sec.i305.004.iiAPPLICABILITY OF CHAPTER. If a provision of this chapter or another state's law under the NCSBN APRN Compact conflicts with the laws of this state, the laws of this state prevail.
Sec.i305.005.iiRIGHTS AND OBLIGATIONS. (a) Unless the context indicates otherwise, or doing so would be inconsistent with the NCSBN APRN Compact, nurses practicing in this state under a license issued by a state that is a party to the NCSBN APRN Compact have the same rights and obligations as imposed by the laws of this state on license holders of the Texas Board of Nursing.
(b)iiThe Texas Board of Nursing has the authority to determine whether a right or obligation imposed on license holders applies to nurses practicing in this state under a license issued by a state that is a party to the NCSBN APRN Compact unless that determination is inconsistent with the NCSBN APRN Compact.
Sec.i305.006.iiENFORCEMENT. The Texas Board of Nursing is the state agency responsible for taking action against nurses practicing in this state under a license issued by a state that is a party to the NCSBN APRN Compact as authorized by the NCSBN APRN Compact. The action shall be taken in accordance with the same procedures for taking action against nurses licensed by this state.
SECTIONi31.iiSection 101.002, Occupations Code, is amended to read as follows:
Sec.i101.002.iiCOMPOSITION OF COUNCIL. The council consists of 14 members, with one member appointed by each of the following:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5939
(1)iithe Texas Board of Chiropractic Examiners;
(2)iithe State Board of Dental Examiners;
(3)iithe Texas Optometry Board;
(4)iithe Texas State Board of Pharmacy;
(5)iithe Texas State Board of Podiatric Medical Examiners;
(6)iithe State Board of Veterinary Medical Examiners;
(7)iithe Texas [State Board of] Medical Board [Examiners];
(8)iithe Texas Board of Nursing [Nurse Examiners];
(9)iithe Texas State Board of Examiners of Psychologists;
(10)iithe Texas Funeral Service Commission;
(11)iithe entity that regulates the practice of physical therapy;
(12)iithe entity that regulates the practice of occupational therapy;
(13)iithe health licensing division of the [Texas] Department of State
Health Services; and
(14)iithe governor's office.
SECTIONi32.iiSection 157.052(a)(3), Occupations Code, is amended to read as follows:
(3)ii"Registered nurse" means a registered nurse recognized by the
Texas Board of Nursing [Nurse Examiners] as having the specialized education
and training required under Section 301.152.
SECTIONi33.iiSection 157.059(b), Occupations Code, is amended to read as follows:
(b)iiA physician may delegate to a physician assistant offering obstetrical
services and certified by the board as specializing in obstetrics or an advanced
practice nurse recognized by the Texas Board of Nursing [Nurse Examiners] as a
nurse midwife the act of administering or providing controlled substances to the
physician assistant's or nurse midwife's clients during intrapartum and immediate
postpartum care.
SECTIONi34.iiSection 162.102(c), Occupations Code, is amended to read as follows:
(c)iiThe board shall cooperate with the Texas Board of Nursing [Nurse
Examiners] in the adoption of rules under this subchapter to eliminate, to the
extent possible, conflicts between the rules adopted by each board.
SECTIONi35.iiSection 203.002(2), Occupations Code, is amended to read as follows:
(2)ii"Certified nurse-midwife" means a person who is:
(A)iia registered nurse under Chapter 301;
(B)iirecognized as an advanced nurse practitioner by the Texas
Board of Nursing [Nurse Examiners]; and
(C)iicertified by the American College of Nurse-Midwives.
SECTIONi36.iiSection 203.402, Occupations Code, is amended to read as follows:
Sec.i203.402.iiPROHIBITED REPRESENTATION. A midwife may not:
5940 80th LEGISLATURE — REGULAR SESSION
(1)iiexcept as provided by Section 203.403, use in connection with the midwife's name a title, abbreviation, or designation tending to imply that the midwife is a "registered" or "certified" midwife as opposed to one who is licensed under this chapter;
(2)iiadvertise or represent that the midwife is a physician or a graduate
of a medical school unless the midwife is licensed to practice medicine by the
Texas [State Board of] Medical Board [Examiners];
(3)iiuse advertising or an identification statement that is false, misleading, or deceptive; or
(4)iiexcept as authorized by rules adopted by the Texas Board of
Nursing [Nurse Examiners], use in combination with the term "midwife" the term
"nurse" or another title, initial, or designation that implies that the midwife is
licensed as a registered nurse or vocational nurse.
SECTIONi37.iiSection 258.001, Occupations Code, is amended to read as follows:
Sec.i258.001.iiIMPERMISSIBLE DELEGATIONS.iiA dentist may not delegate:
(1)iian act to an individual who, by board order, is prohibited from performing the act;
(2)iiany of the following acts to a person not licensed as a dentist or dental hygienist:
(A)iithe removal of calculus, deposits, or accretions from the natural and restored surfaces of exposed human teeth and restorations in the human mouth;
(B)iiroot planing or the smoothing and polishing of roughened root surfaces or exposed human teeth; or
(C)iiany other act the delegation of which is prohibited by board rule;
(3)iiany of the following acts to a person not licensed as a dentist:
(A)iicomprehensive examination or diagnosis and treatment planning;
(B)iia surgical or cutting procedure on hard or soft tissue;
(C)iithe prescription of a drug, medication, or work authorization;
(D)iithe taking of an impression for a final restoration, appliance, or prosthesis;
(E)iithe making of an intraoral occlusal adjustment;
(F)iidirect pulp capping, pulpotomy, or any other endodontic procedure;
(G)iithe final placement and intraoral adjustment of a fixed or removable appliance; or
(H)iithe placement of any final restoration; or
(4)iithe authority to an individual to administer a local anesthetic agent, inhalation sedative agent, parenteral sedative agent, or general anesthetic agent if the individual is not licensed as:
(A)iia dentist with a permit issued by the board for the procedure being performed, if a permit is required;
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(B)iia certified registered nurse anesthetist licensed by the Texas
Board of Nursing [Nurse Examiners], only if the delegating dentist holds a permit
issued by the board for the procedure being performed, if a permit is required; or
(C)iia physician anesthesiologist licensed by the Texas [State Board
of] Medical Board [Examiners].
SECTIONi38.iiSection 303.001(1), Occupations Code, is amended to read as follows:
(1)ii"Board" means the Texas Board of Nursing [Nurse Examiners].
SECTIONi39.iiSections 304.002 and 304.003, Occupations Code, are amended to read as follows:
Sec.i304.002.iiADMINISTRATION OF COMPACT.iiThe executive
director of the Texas Board of Nursing [Nurse Examiners] is the Nurse Licensure
Compact administrator for this state.
Sec.i304.003.iiRULES.iiThe Texas Board of Nursing [Nurse Examiners]
may adopt rules necessary to implement this chapter.
SECTIONi40.iiSections 304.004(b) and (c), Occupations Code, are amended to read as follows:
(b)iiUnless the context indicates otherwise or doing so would be inconsistent
with the Nurse Licensure Compact, nurses practicing in this state under a license
issued by a state that is a party to the Nurse Licensure Compact have the same
rights and obligations as imposed by the laws of this state on license holders of
the Texas Board of Nursing [Nurse Examiners].
(c)iiThe Texas Board of Nursing [Nurse Examiners] has the authority to
determine whether a right or obligation imposed on license holders applies to
nurses practicing in this state under a license issued by a state that is a party to the
Nurse Licensure Compact unless that determination is inconsistent with the Nurse
Licensure Compact.
SECTIONi41.iiSection 304.005, Occupations Code, is amended to read as follows:
Sec.i304.005.iiENFORCEMENT.iiThe Texas Board of Nursing [Nurse
Examiners] is the state agency responsible for taking action against registered and
vocational nurses practicing in this state under a license issued by a state that is a
party to the Nurse Licensure Compact as authorized by the Nurse Licensure
Compact. The action shall be taken in accordance with the same procedures for
taking action against registered and vocational nurses licensed by this state.
SECTIONi42.iiSection 304.006(a), Occupations Code, is amended to read as follows:
(a)iiOn request and payment of a reasonable fee, the Texas Board of Nursing
[Nurse Examiners] shall provide a registered or vocational nurse licensed by this
state with a copy of information regarding the nurse maintained by the
coordinated licensure information system under Article 7 of the Nurse Licensure
Compact.
SECTIONi43.iiSection 304.007, Occupations Code, is amended to read as follows:
5942 80th LEGISLATURE — REGULAR SESSION
Sec.i304.007.iiACCESS TO PRACTICE-RELATED INFORMATION.
Practice-related information provided by the Texas Board of Nursing [Nurse
Examiners] to registered or vocational nurses licensed by this state shall be made
available by the board on request and at a reasonable cost to nurses practicing in
this state under a license issued by a state that is a party to the Nurse Licensure
Compact.
SECTIONi44.iiSection 304.008(a), Occupations Code, is amended to read as follows:
(a)iiIn reporting information to the coordinated licensure information system
under Article 7 of the Nurse Licensure Compact, the Texas Board of Nursing
[Nurse Examiners] may disclose personally identifiable information about the
nurse, including social security number.
SECTIONi45.iiSection 304.009(a), Occupations Code, is amended to read as follows:
(a)iiThe governor may withdraw this state from the Nurse Licensure
Compact if the Texas Board of Nursing [Nurse Examiners] notifies the governor
that a state that is party to the compact changed, after January 1, 1999, the state's
requirements for licensing a nurse and that the state's requirements, as changed,
are substantially lower than the requirements for licensing a nurse in this state.
SECTIONi46.iiSection 401.052, Occupations Code, is amended to read as follows:
Sec.i401.052.iiNURSES. This chapter does not prevent or restrict a communication, speech, language, or hearing screening, as defined by board rule, from being conducted by a registered nurse:
(1)iilicensed in this state; and
(2)iipracticing in accordance with the standards of professional conduct
and ethics established by rules adopted by the Texas Board of Nursing [Nurse
Examiners].
SECTIONi47.iiSection 601.002(11), Occupations Code, is amended to read as follows:
(11)ii"Registered nurse" means a person licensed by the Texas Board of
Nursing [Nurse Examiners] to practice professional nursing.
SECTIONi48.iiSection 601.251, Occupations Code, is amended to read as follows:
Sec.i601.251.iiAPPLICABILITY. This subchapter applies to the:
(1)iiTexas Board of Nursing [Nurse Examiners];
(2)iiTexas Board of Chiropractic Examiners;
(3)iiState Board of Dental Examiners;
(4)iiTexas [State Board of] Medical Board [Examiners]; and
(5)iiTexas State Board of Podiatric Medical Examiners.
SECTIONi49.iiSection 601.252(a), Occupations Code, is amended to read as follows:
(a)iiEach agency subject to this subchapter, other than the Texas Board of
Nursing [Nurse Examiners], shall adopt rules to regulate the manner in which a
person who holds a license issued by the agency may order, instruct, or direct
another authorized person in the performance of a radiologic procedure.
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SECTIONi50.iiSection 601.253, Occupations Code, is amended to read as follows:
Sec.i601.253.iiTEXAS BOARD OF NURSING [NURSE
EXAMINERS].ii(a) The Texas Board of Nursing [Nurse Examiners] may adopt
rules governing registered nurses performing radiologic procedures under Section
601.151 or 601.154 and shall require registered nurses performing radiologic
procedures under Section 601.151 to register with the Texas Board of Nursing
[Nurse Examiners] and to identify the practitioner ordering the procedures.
(b)iiThe Texas Board of Nursing [Nurse Examiners] shall notify the agency
licensing the practitioner that the nurse has registered under this section.
SECTIONi51.iiSections 61.657(a) and (b), Education Code, are amended to read as follows:
(a)iiThe board shall appoint a 10-member advisory committee to advise the board concerning assistance provided under this subchapter to professional nursing students. The advisory committee consists of:
(1)iia chair named by the board;
(2)iione representative named by the Texas Nurses Association;
(3)iione representative named by the Texas Organization of Nurse Executives;
(4)iione representative named by the Texas Board of Nursing [Nurse
Examiners];
(5)iia head of each of the three types of professional nursing educational programs, named by the deans and directors of nursing programs in this state;
(6)iia representative of graduate nursing education named by the deans and directors of nursing programs in this state;
(7)iione representative named by the Texas Health Care Association; and
(8)iione representative named by the Texas Association of Homes for the Aging.
(b)iiThe board shall appoint an eight-member advisory committee to advise the board concerning assistance provided under this subchapter to vocational nursing students. The advisory committee consists of:
(1)iia chair named by the board;
(2)iione representative named by the Licensed Vocational Nurses Association of Texas;
(3)iione representative named by the Texas Organization of Nurse Executives;
(4)iione representative named by the Texas Board of Nursing [Nurse
Examiners];
(5)iitwo representatives of vocational nursing educational programs named by the Texas Association of Vocational Nurse Educators;
(6)iione representative named by the Texas Health Care Association; and
(7)iione representative named by the Texas Association of Homes for the Aging.
5944 80th LEGISLATURE — REGULAR SESSION
SECTIONi52.iiSection 61.9623(a), Education Code, is amended to read as follows:
(a)iiA grant from the professional nursing shortage reduction program to a professional nursing program or other entity involved with a professional nursing program in the preparation of students for initial licensure as registered nurses must be:
(1)iiexpended exclusively on costs related to:
(A)iienrolling additional students;
(B)iinursing faculty enhancement in accordance with Section 61.96231;
(C)iiencouraging innovation in the recruitment and retention of students, including the recruitment and retention of Spanish-speaking and bilingual students; or
(D)iiidentifying, developing, or implementing innovative methods to make the most effective use of limited professional nursing program faculty, instructional or clinical space, and other resources, including:
(i)iisharing administrative or instructional personnel, facilities, and responsibilities between two or more professional nursing programs located in the same region of this state; and
(ii)iiusing preceptors to provide clinical instruction in order to reduce the number of new faculty needed to accommodate increased student enrollment in the professional nursing program;
(2)iicontingent on the professional nursing program's having been
approved as a professional nursing program by the board or the Texas Board of
Nursing [Nurse Examiners], as appropriate, by September 1, 2001;
(3)iicontingent on the professional nursing program's not being on
probation with the Texas Board of Nursing [Nurse Examiners] or other
accrediting body; and
(4)iiif granted to increase enrollments, contingent on the professional nursing program's ability to enroll additional students, including having the necessary classroom space and clinical slots.
SECTIONi53.iiSection 232.002, Family Code, is amended to read as follows:
Sec.i232.002.iiLICENSING AUTHORITIES SUBJECT TO CHAPTER. The following are licensing authorities subject to this chapter:
(1)iiDepartment of Agriculture;
(2)iiTexas Alcoholic Beverage Commission;
(3)iiTexas Appraiser Licensing and Certification Board;
(4)iiTexas Board of Architectural Examiners;
(5)iiTexas Board of Chiropractic Examiners;
(6)iiComptroller of Public Accounts;
(7)iiCourt Reporters Certification Board;
(8)iiState Board of Dental Examiners;
(9)iiTexas State Board of Examiners of Dietitians;
(10)iiTexas Funeral Service Commission;
(11)iiDepartment of State Health Services;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5945
(12)iiDepartment of Aging and Disability Services;
(13)iiTexas Board of Professional Land Surveying;
(14)iiTexas Department of Licensing and Regulation;
(15)iiTexas State Board of Examiners of Marriage and Family Therapists;
(16)iiTexas [State Board of] Medical Board [Examiners];
(17)iiMidwifery Board;
(18)iiTexas Commission on Environmental Quality;
(19)iiTexas Board of Nursing [Nurse Examiners];
(20)iiTexas Board of Occupational Therapy Examiners;
(21)iiTexas Optometry Board;
(22)iiParks and Wildlife Department;
(23)iiTexas State Board of Examiners of Perfusionists;
(24)iiTexas State Board of Pharmacy;
(25)iiTexas Board of Physical Therapy Examiners;
(26)iiTexas State Board of Plumbing Examiners;
(27)iiTexas State Board of Podiatric Medical Examiners;
(28)iiPolygraph Examiners Board;
(29)iiTexas Private Security Board;
(30)iiTexas State Board of Examiners of Professional Counselors;
(31)iiTexas Board of Professional Engineers;
(32)iiDepartment of Family and Protective Services;
(33)iiTexas State Board of Examiners of Psychologists;
(34)iiTexas State Board of Public Accountancy;
(35)iiDepartment of Public Safety of the State of Texas;
(36)iiPublic Utility Commission of Texas;
(37)iiRailroad Commission of Texas;
(38)iiTexas Real Estate Commission;
(39)iiState Bar of Texas;
(40)iiTexas State Board of Social Worker Examiners;
(41)iiState Board of Examiners for Speech-Language Pathology and Audiology;
(42)iiTexas Structural Pest Control Board;
(43)iiBoard of Tax Professional Examiners;
(44)iiSecretary of State;
(45)iiSupreme Court of Texas;
(46)iiTexas Transportation Commission;
(47)iiState Board of Veterinary Medical Examiners;
(48)iiTexas Ethics Commission;
(49)iiAdvisory Board of Athletic Trainers;
(50)iiState Committee of Examiners in the Fitting and Dispensing of Hearing Instruments;
(51)iiTexas Board of Licensure for Professional Medical Physicists;
(52)iiTexas Department of Insurance;
(53)iiTexas Board of Orthotics and Prosthetics;
(54)iisavings and loan commissioner;
5946 80th LEGISLATURE — REGULAR SESSION
(55)iiTexas Juvenile Probation Commission; and
(56)iiTexas Lottery Commission under Chapter 466, Government Code.
SECTIONi54.iiSection 411.081(i), Government Code, is amended to read as follows:
(i)iiA criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure to the following noncriminal justice agencies or entities only:
(1)iithe State Board for Educator Certification;
(2)iia school district, charter school, private school, regional education service center, commercial transportation company, or education shared service arrangement;
(3)iithe Texas [State Board of] Medical Board [Examiners];
(4)iithe Texas School for the Blind and Visually Impaired;
(5)iithe Board of Law Examiners;
(6)iithe State Bar of Texas;
(7)iia district court regarding a petition for name change under Subchapter B, Chapter 45, Family Code;
(8)iithe Texas School for the Deaf;
(9)iithe Department of Family and Protective Services;
(10)iithe Texas Youth Commission;
(11)iithe Department of Assistive and Rehabilitative Services;
(12)iithe Department of State Health Services, a local mental health service, a local mental retardation authority, or a community center providing services to persons with mental illness or retardation;
(13)iithe Texas Private Security Board;
(14)iia municipal or volunteer fire department;
(15)iithe Texas Board of Nursing [Nurse Examiners];
(16)iia safe house providing shelter to children in harmful situations;
(17)iia public or nonprofit hospital or hospital district;
(18)iithe Texas Juvenile Probation Commission;
(19)iithe securities commissioner, the banking commissioner, the savings and loan commissioner, or the credit union commissioner;
(20)iithe Texas State Board of Public Accountancy;
(21)iithe Texas Department of Licensing and Regulation;
(22)iithe Health and Human Services Commission; and
(23)iithe Department of Aging and Disability Services.
SECTIONi55.iiSection 411.125, Government Code, is amended to read as follows:
Sec.i411.125.iiACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: TEXAS BOARD OF NURSING [NURSE EXAMINERS].
[(a)] The Texas Board of Nursing [Nurse Examiners] is entitled to obtain from the
department criminal history record information maintained by the department that
relates to a person who:
(1)iiis an applicant for or the holder of a license issued by the board;
(2)iihas requested a determination of eligibility for a license from the board; or
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5947
(3)iiis subject to investigation by the board in connection with a complaint or formal charge against the person.
SECTIONi56.iiSection 487.101(3), Government Code, is amended to read as follows:
(3)ii"Postsecondary educational institution" means:
(A)iian institution of higher education, as defined by Section 61.003, Education Code;
(B)iia nonprofit, independent institution approved under Section 61.222, Education Code; or
(C)iia nonprofit, health-related school or program accredited by the
Southern Association of Colleges and Schools, the Liaison Committee on
Medical Education, the American Osteopathic Association, the Texas Board of
Nursing [Nurse Examiners], or, in the case of allied health, an accrediting body
recognized by the United States Department of Education.
SECTIONi57.iiSection 487.151(2), Government Code, is amended to read as follows:
(2)ii"Postsecondary educational institution" means:
(A)iian institution of higher education, as defined by Section 61.003, Education Code;
(B)iia nonprofit, independent institution approved under Section 61.222, Education Code; or
(C)iia nonprofit, health-related school or program accredited by the
Southern Association of Colleges and Schools, the Liaison Committee on
Medical Education, the American Osteopathic Association, the Texas Board of
Nursing [Nurse Examiners], or, in the case of allied health, an accrediting body
recognized by the United States Department of Education.
SECTIONi58.iiSection 531.02172(b), Government Code, is amended to read as follows:
(b)iiThe advisory committee must include:
(1)iirepresentatives of health and human services agencies and other state agencies concerned with the use of telemedical consultations in the Medicaid program and the state child health plan program, including representatives of:
(A)iithe commission;
(B)iithe [Texas] Department of State Health Services;
(C)iithe Office of Rural Community Affairs;
(D)iithe Telecommunications Infrastructure Fund Board;
(E)iithe Texas Department of Insurance;
(F)iithe Texas [State Board of] Medical Board [Examiners];
(G)iithe Texas Board of Nursing [Nurse Examiners]; and
(H)iithe Texas State Board of Pharmacy;
(2)iirepresentatives of health science centers in this state;
(3)iiexperts on telemedicine, telemedical consultation, and telemedicine medical services or telehealth services; and
5948 80th LEGISLATURE — REGULAR SESSION
(4)iirepresentatives of consumers of health services provided through telemedical consultations and telemedicine medical services or telehealth services.
SECTIONi59.iiSection 2054.352(a), Government Code, is amended to read as follows:
(a)iiThe following licensing entities shall participate in the system established under Section 2054.353:
(1)iiTexas Board of Chiropractic Examiners;
(2)iiCourt Reporters Certification Board;
(3)iiState Board of Dental Examiners;
(4)iiTexas Funeral Service Commission;
(5)iiTexas Board of Professional Land Surveying;
(6)iiTexas [State Board of] Medical Board [Examiners];
(7)iiTexas Board of Nursing [Nurse Examiners];
(8)iiTexas Optometry Board;
(9)iiTexas Structural Pest Control Board;
(10)iiTexas State Board of Pharmacy;
(11)iiExecutive Council of Physical Therapy and Occupational Therapy Examiners;
(12)iiTexas State Board of Plumbing Examiners;
(13)iiTexas State Board of Podiatric Medical Examiners;
(14)iiBoard of Tax Professional Examiners;
(15)iiPolygraph Examiners Board;
(16)iiTexas State Board of Examiners of Psychologists;
(17)iiState Board of Veterinary Medical Examiners;
(18)iiTexas Real Estate Commission;
(19)iiTexas Appraiser Licensing and Certification Board;
(20)iiTexas Department of Licensing and Regulation;
(21)iiTexas State Board of Public Accountancy;
(22)iiState Board for Educator Certification;
(23)iiTexas Board of Professional Engineers;
(24)iiDepartment of State Health Services;
(25)iiTexas Board of Architectural Examiners;
(26)iiTexas Racing Commission;
(27)iiCommission on Law Enforcement Officer Standards and Education; and
(28)iiTexas Private Security Board.
SECTIONi60.iiSection 47.001(3), Health and Safety Code, is amended to read as follows:
(3)ii"Health care provider" means a registered nurse recognized as an
advanced practice nurse by the Texas Board of Nursing [Nurse Examiners] or a
physician assistant licensed by the Texas [State Board of] Physician Assistant
Board [Examiners].
SECTIONi61.iiSection 81.010(c), Health and Safety Code, is amended to read as follows:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5949
(c)iiThe council consists of one representative from each of the following agencies appointed by the executive director or commissioner of each agency:
(1)iithe department;
(2)iithe Texas Department of Mental Health and Mental Retardation;
(3)iithe Texas Department of Human Services;
(4)iithe Texas Commission on Alcohol and Drug Abuse;
(5)iithe Texas Rehabilitation Commission;
(6)iithe Texas Youth Commission;
(7)iithe Texas Department of Criminal Justice;
(8)iithe Texas Juvenile Probation Commission;
(9)iithe Texas Commission for the Blind;
(10)iithe Texas Commission for the Deaf and Hard of Hearing;
(11)iithe Department of Protective and Regulatory Services;
(12)iithe Texas Education Agency;
(13)iithe Texas Medical [State] Board [of Medical Examiners];
(14)iithe Texas Board of Nursing [Nurse Examiners];
(15)iithe State Board of Dental Examiners;
(16)iithe Health and Human Services Commission;
(17)iithe Texas Department on Aging; and
(18)iithe Texas Workforce Commission.
SECTIONi62.iiSection 105.002(c), Health and Safety Code, is amended to read as follows:
(c)iiIf the nursing resource section established under Subsection (b) is
funded from surcharges collected under Section 301.155(c), Occupations Code,
the council shall provide the Texas Board of Nursing [Nurse Examiners] with an
annual accounting of the money received from the board. The council may
expend a reasonable amount of the money to pay administrative costs of
maintaining the nursing resource section.
SECTIONi63.iiSection 142.001(22), Health and Safety Code, is amended to read as follows:
(22)ii"Personal assistance service" means routine ongoing care or services required by an individual in a residence or independent living environment that enable the individual to engage in the activities of daily living or to perform the physical functions required for independent living, including respite services. The term includes:
(A)iipersonal care;
(B)iihealth-related services performed under circumstances that are
defined as not constituting the practice of professional nursing by the Texas
Board of Nursing [Nurse Examiners] through a memorandum of understanding
with the department in accordance with Section 142.016; and
(C)iihealth-related tasks provided by unlicensed personnel under the delegation of a registered nurse or that a registered nurse determines do not require delegation.
SECTIONi64.iiSections 142.016(a) and (b), Health and Safety Code, are amended to read as follows:
5950 80th LEGISLATURE — REGULAR SESSION
(a)iiThe Texas Board of Nursing [Nurse Examiners] and the department
shall adopt a memorandum of understanding governing the circumstances under
which the provision of health-related tasks or services do not constitute the
practice of professional nursing. The agencies periodically shall review and shall
renew or modify the memorandum as necessary.
(b)iiThe Texas Board of Nursing [Nurse Examiners] and the department
shall consult with an advisory committee in developing, modifying, or renewing
the memorandum of understanding. The advisory committee shall be appointed
by the Texas Board of Nursing [Nurse Examiners] and the department and at a
minimum shall include:
(1)iione representative from the Texas Board of Nursing [Nurse
Examiners] and one representative from the department to serve as cochairmen;
(2)iione representative from the Texas Department of Mental Health and Mental Retardation;
(3)iione representative from the Texas Nurses Association;
(4)iione representative from the Texas Association for Home Care, Incorporated, or its successor;
(5)iione representative from the Texas Hospice Organization, Incorporated, or its successor;
(6)iione representative of the Texas Respite Resource Network or its successor; and
(7)iitwo representatives of organizations such as the Personal Assistance Task Force or the Disability Consortium that advocate for clients in community-based settings.
SECTIONi65.iiSection 142.021, Health and Safety Code, is amended to read as follows:
Sec.i142.021.iiADMINISTRATION OF MEDICATION. A person may not administer medication to a client of a home and community support services agency unless the person:
(1)iiholds a license under state law that authorizes the person to administer medication;
(2)iiholds a permit issued under Section 142.025 and acts under the delegated authority of a person who holds a license under state law that authorizes the person to administer medication;
(3)iiadministers a medication to a client of a home and community
support service agency in accordance with rules of the Texas Board of Nursing
[Nurse Examiners] that permit delegation of the administration of medication to a
person not holding a permit under Section 142.025; or
(4)iiadministers noninjectable medication under circumstances authorized by the memorandum of understanding adopted under Section 142.016.
SECTIONi66.iiSection 142.022, Health and Safety Code, is amended to read as follows:
Sec.i142.022.iiEXEMPTIONS FOR NURSING STUDENTS AND MEDICATION AIDE TRAINEES. (a) Sections 142.021 and 142.029 do not apply to:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5951
(1)iia graduate nurse holding a temporary permit issued by the Texas
Board of Nursing [Nurse Examiners];
(2)iia student enrolled in an accredited school of nursing or program for the education of registered nurses who is administering medications as part of the student's clinical experience;
(3)iia graduate vocational nurse holding a temporary permit issued by
the Texas Board of Nursing [Nurse Examiners];
(4)iia student enrolled in an accredited school of vocational nursing or program for the education of vocational nurses who is administering medications as part of the student's clinical experience; or
(5)iia trainee in a medication aide training program approved by the department under Section 142.024 who is administering medications as part of the trainee's clinical experience.
(b)iiThe administration of medications by persons exempted under
Subdivisions (1) through (4) of Subsection (a) is governed by the terms of the
memorandum of understanding executed by the department and the Texas Board
of Nursing [Nurse Examiners].
SECTIONi67.iiSection 241.003(1), Health and Safety Code, is amended to read as follows:
(1)ii"Advanced practice nurse" means a registered nurse recognized as
an advanced practice nurse by the Texas Board of Nursing [Nurse Examiners].
SECTIONi68.iiSection 241.026(a), Health and Safety Code, is amended to read as follows:
(a)iiThe board shall adopt and enforce rules to further the purposes of this chapter. The rules at a minimum shall address:
(1)iiminimum requirements for staffing by physicians and nurses;
(2)iihospital services relating to patient care;
(3)iifire prevention, safety, and sanitation requirements in hospitals;
(4)iipatient care and a patient bill of rights;
(5)iicompliance with other state and federal laws affecting the health, safety, and rights of hospital patients; and
(6)iicompliance with nursing peer review under Subchapter I, Chapter
301, and Chapter 303, Occupations Code, and the rules of the Texas Board of
Nursing [Nurse Examiners] relating to peer review.
SECTIONi69.iiSection 242.607, Health and Safety Code, is amended to read as follows:
Sec.i242.607.iiEXEMPTIONS FOR NURSING STUDENTS AND MEDICATION AIDE TRAINEES. (a) Sections 242.606 and 242.614 do not apply to:
(1)iia graduate nurse holding a temporary permit issued by the Texas
Board of Nursing [Nurse Examiners];
(2)iia student enrolled in an accredited school of nursing or program for the education of registered nurses who is administering medications as part of the student's clinical experience;
(3)iia graduate vocational nurse holding a temporary permit issued by
the Texas Board of Nursing [Nurse Examiners];
5952 80th LEGISLATURE — REGULAR SESSION
(4)iia student enrolled in an accredited school of vocational nursing or program for the education of vocational nurses who is administering medications as part of the student's clinical experience; or
(5)iia trainee in a medication aide training program approved by the department under this subchapter who is administering medications as part of the trainee's clinical experience.
(b)iiThe administration of medications by persons exempted under
Subdivisions (1) through (4) of Subsection (a) is governed by the terms of the
memorandum of understanding executed by the department and the Texas Board
of Nursing [Nurse Examiners].
SECTIONi70.iiSection 36.132(a)(2), Human Resources Code, is amended to read as follows:
(2)ii"Licensing authority" means:
(A)iithe Texas [State Board of] Medical Board [Examiners];
(B)iithe State Board of Dental Examiners;
(C)iithe Texas State Board of Examiners of Psychologists;
(D)iithe Texas State Board of Social Worker Examiners;
(E)iithe Texas Board of Nursing [Nurse Examiners];
(F)iithe Texas Board of Physical Therapy Examiners;
(G)iithe Texas Board of Occupational Therapy Examiners; or
(H)iianother state agency authorized to regulate a provider who receives or is eligible to receive payment for a health care service under the Medicaid program.
SECTIONi71.iiSection 1451.001(2), Insurance Code, is amended to read as follows:
(2)ii"Advanced practice nurse" means an individual licensed by the
Texas Board of Nursing [Nurse Examiners] as a registered nurse and recognized
by that board as an advanced practice nurse.
SECTIONi72.iiSubchapter Z, Chapter 51, Education Code, is amended by adding Section 51.969 to read as follows:
Sec.i51.969.iiEMPLOYMENT POLICIES FOR NURSES IN MEDICAL AND DENTAL UNITS. (a) The president of a medical and dental unit, as defined by Section 61.003, shall determine whether a nurse employed by the unit for patient care or clinical activities is a full-time employee for purposes of:
(1)iiemployees group benefits under Chapter 1551 or 1601, Insurance Code;
(2)iileave under Chapter 661 or 662, Government Code;
(3)iilongevity pay under Section 659.043, Government Code.
(b)iiA determination under Subsection (a) does not entitle a nurse who works less than 40 hours a week to the full state contribution to the cost of any coverage or benefits. However, from money other than money appropriated from the general revenue fund, the employing medical and dental unit may contribute to that cost amounts in excess of the state contribution.
SECTIONi73.iiChapter 61, Education Code, is amended by adding Subchapter EE to read as follows:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5953
SUBCHAPTER EE. TEXAS HOSPITAL-BASED NURSING EDUCATION
PARTNERSHIP GRANT PROGRAM
Sec.i61.9751.iiDEFINITIONS. In this subchapter:
(1)ii"Hospital-based nursing education partnership" means a partnership that:
(A)iiconsists of one or more hospitals in this state that are not owned, maintained, or operated by the federal or state government or an agency of the federal or state government and one or more nursing education programs in this state; and
(B)iiserves to increase the number of students enrolled in and graduation rates for each nursing education program in the partnership.
(2)ii"Nursing education program" means an undergraduate professional nursing program or a graduate professional nursing program as those terms are defined by Section 54.221.
Sec.i61.9752.iiPROGRAM: ESTABLISHMENT; ADMINISTRATION; PURPOSE. (a) The Texas hospital-based nursing education partnership grant program is established.
(b)iiThe board shall administer the program in accordance with this subchapter and rules adopted under this subchapter.
(c)iiUnder the program, to the extent funds are available under Section 61.9755, the board shall make grants to hospital-based nursing education partnerships to assist those partnerships to meet the state's needs for registered nurses by increasing the number of nursing education program graduates through innovative instruction, through collaboration between hospitals and nursing education programs, and the use of the existing expertise and facilities of those hospitals and programs.
Sec.i61.9753.iiGRANTS: CONDITIONS; LIMITATIONS. (a) The board may make a grant under this subchapter to a hospital-based nursing education partnership only if the board determines that:
(1)iithe partnership will meet applicable board and Texas Board of Nursing standards for instruction and student competency for the associate, bachelor of science, or master of science nursing degree granted by each nursing education program participating in the partnership;
(2)iieach nursing education program participating in the partnership will, as a result of the partnership, enroll in the nursing education program a sufficient number of additional students as established by the board;
(3)iithe marginal cost to the state of producing a graduate of a nursing education program participating in the partnership will be comparable, as determined under criteria established by board rule, to the marginal cost to the state of producing a graduate of a nursing education program not participating in a partnership;
(4)iieach hospital participating in a partnership with a nursing education program will provide to students enrolled in the program clinical placements that:
(A)iiallow the students to take part in providing or to observe, as appropriate, medical services offered by the hospital; and
(B)iimeet the clinical education needs of the students; and
5954 80th LEGISLATURE — REGULAR SESSION
(5)iithe partnership will satisfy any other requirement established by board rule.
(b)iiIn establishing the cost-comparison criteria under Subsection (a)(3), the board shall exclude reasonable development and initial implementation costs for the infrastructure necessary to support a hospital-based nursing education partnership.
(c)iiA grant under this subchapter may be spent only on costs related to the development or operation of a hospital-based nursing education partnership that:
(1)iiprepares a student to earn an associate or bachelor of science degree in nursing and to achieve initial licensure as a registered nurse, including by providing an accelerated program to prepare a student to earn a bachelor of science degree in nursing;
(2)iiprepares a student to earn a master of science degree in nursing with a concentration in education; or
(3)iiprovides an articulation program providing for advancement from an associate degree to a bachelor of science degree in nursing or to a master of science degree in nursing with a concentration in education.
(d)iiA hospital-based nursing education partnership shall return to the board money granted to the partnership under this subchapter that the partnership does not spend on eligible costs under Subsection (c). As the board determines appropriate to best achieve the purposes of these programs, the board may:
(1)iiuse the money to make grants to other hospital-based nursing education partnerships;
(2)iiuse the money to make grants under the professional nursing shortage reduction program established under Subchapter Z; or
(3)iitransfer the money to the permanent fund for higher education nursing, allied health, and other health-related programs established under Subchapter C, Chapter 63, for use in making grants under that subchapter.
Sec.i61.9754.iiPRIORITY FOR FUNDING. In awarding a grant under this subchapter, the board shall give priority to a hospital-based nursing education partnership that submits a proposal that:
(1)iiprovides for collaborative educational models between one or more participating hospitals and one or more participating nursing education programs that have signed a memorandum of understanding or other written agreement under which the participants agree to comply with standards established by the board, including any standards the board may establish that:
(A)iiprovide for program management that offers a centralized decision-making process allowing for inclusion of each entity participating in the partnership;
(B)iiprovide for access to clinical training positions for students in nursing education programs that are not participating in the partnership; and
(C)iispecify the details of any requirement relating to a student in a nursing education program participating in the partnership being employed after graduation in a hospital participating in the partnership, including any details relating to the employment of students who do not complete the program, are not offered a nursing position at the hospital, or choose to pursue other employment;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5955
(2)iiincludes a demonstrable education model to:
(A)iiincrease the number of students enrolled in, the number of students graduating from, and the number of nursing faculty employed by each nursing education program participating in the partnership; and
(B)iiimprove student retention in each nursing education program;
(3)iiindicates the availability of money to match all or a portion of the grant money, including matching money from a hospital, private or nonprofit entity, or institution of higher education;
(4)iiprovides for completion of a class admitted under this project to be funded by all members of the partnership if the funded project ends before the class graduation date;
(5)iican be replicated by other hospital-based nursing education partnerships or nursing education programs; and
(6)iiincludes plans for sustainability of the partnership beyond the grant period.
Sec.i61.9755.iiGRANTS, GIFTS, AND DONATIONS. In addition to money appropriated by the legislature, the board may solicit, receive, and spend grants, gifts, and donations from any public or private source for the purposes of this subchapter.
Sec.i61.9756.iiRULES. The board shall adopt rules for the administration of the Texas hospital-based nursing education partnership grant program. The rules must include:
(1)iiprovisions relating to applying for a grant under this subchapter; and
(2)iistandards of accountability to be met by any hospital-based nursing education partnership awarded a grant under this subchapter.
Sec.i61.9757.iiAPPROVAL AS NURSING EDUCATION PILOT PROGRAM. The board and the Texas Board of Nursing shall establish a single application process under which a hospital-based nursing education partnership may apply both for approval as a pilot program under Section 301.1605, Occupations Code, and for a grant under this subchapter.
Sec.i61.9758.iiREPORTING REQUIREMENTS. (a) Each hospital–based nursing education partnership that receives a grant under this subchapter shall submit to the board reports, including financial reports, that provide information concerning the extent to which during the reporting period the partnership has complied with accountability standards established by the board.
(b)iiNot later than December 31 of each even-numbered year, the board shall submit a report to the governor, lieutenant governor, and speaker of the house of representatives. The report shall include a list and description of partnerships created under this subchapter, and the number of new nursing student enrollees.
Sec.i61.9759.iiADMINISTRATIVE COSTS. A reasonable amount, not to exceed three percent, of any money appropriated for purposes of this subchapter may be used to pay the costs of administering this subchapter.
SECTIONi74.iiThe following laws are repealed:
(1)iiSection 301.059(d), Occupations Code; and
(2)iiSections 301.160(f), (g), and (h), Occupations Code.
5956 80th LEGISLATURE — REGULAR SESSION
SECTIONi75.ii(a) On the effective date of this Act, the name of the Board of Nurse Examiners is changed to the Texas Board of Nursing.
(b)iiA member serving on the Board of Nurse Examiners on the effective date of this Act may continue to serve as a member of the Texas Board of Nursing for the remainder of the member's term.
(c)iiThe Texas Board of Nursing shall:
(1)iicomply with and implement any nonstatutory recommendations regarding the board adopted by the Sunset Advisory Commission as a result of its review of the board; and
(2)iireport to the commission the information the commission requires regarding the board's implementation of the commission's nonstatutory recommendations not later than November 1, 2008.
SECTIONi76.ii(a) Not later than January 1, 2008, the Texas Board of Nursing shall:
(1)iiadopt the policies required by Sections 301.166 and 301.167, Occupations Code, as added by this Act; and
(2)iiadopt the rules required by Chapter 301, Occupations Code, as amended by this Act.
(b)iiNot later than September 1, 2008, the Texas Board of Nursing shall:
(1)iidevelop the jurisprudence examination required by Section 301.252, Occupations Code, as amended by this Act; and
(2)iiimplement the plan for creating innovative nursing education models as required under Section 301.157(h), Occupations Code, as added by this Act, and report to the Sunset Advisory Commission regarding the plan and the board's effort to increase enrollment in nursing education programs.
SECTIONi77.iiThe requirement to pass a jurisprudence examination under Section 301.252, Occupations Code, as amended by this Act, applies only to an individual who applies for a license as a nurse under Chapter 301, Occupations Code, on or after September 1, 2008.
SECTIONi78.ii(a) The changes in law made by Sections 301.052 and 301.053, Occupations Code, as amended by this Act, regarding the prohibitions on or qualifications of members of the Texas Board of Nursing do not affect the entitlement of a member serving on the Board of Nurse Examiners immediately before September 1, 2007, to continue to serve and function as a member of the Texas Board of Nursing for the remainder of the member's term. The changes in law made by those sections apply only to a member appointed on or after September 1, 2007.
(b)iiThe changes in law made by this Act related to the filing, investigation, or resolution of a complaint under Chapter 301, Occupations Code, as amended by this Act, apply only to a complaint filed with the Texas Board of Nursing on or after the effective date of this Act. A complaint filed before the effective date of this Act is governed by the law as it existed immediately before that date, and the former law is continued in effect for that purpose.
(c)iiThe changes in law made by this Act governing the authority of the Texas Board of Nursing to issue, renew, or revoke a license under Chapter 301, Occupations Code, apply only to an application for an original or renewal license
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5957
(d)iiThe change in law made by this Act with respect to conduct that is grounds for imposition of a disciplinary sanction, including a refund, temporary license suspension, or cease and desist order, applies only to conduct that occurs on or after the effective date of this Act. Conduct that occurs before the effective date of this Act is governed by the law in effect on the date the conduct occurred, and the former law is continued in effect for that purpose.
SECTIONi79.iiAs soon as practicable after the effective date of this Act, the Texas Higher Education Coordinating Board shall adopt rules for the implementation and administration of the Texas hospital-based nursing education partnership grant program established under Subchapter EE, Chapter 61, Education Code, as added by this Act. The board may adopt the initial rules in the manner provided by law for emergency rules.
SECTIONi80.iiThis Act takes effect September 1, 2007.
HB 3068 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Guillen called up with senate amendments for consideration at this time,
HB 3068, A bill to be entitled An Act relating to the authority and responsibilities of certain political subdivisions in relation to development.
Representative Guillen moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3068.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 3068: Guillen, chair; C. Howard, Talton, Peña, and Pierson.
HB 2944 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Murphy called up with senate amendments for consideration at this time,
HB 2944, A bill to be entitled An Act relating to permits for erecting certain outdoor signs or advertising.
Representative Murphy moved to concur in the senate amendments to HBi2944.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1751): 132 Yeas, 0 Nays, 2 Present, not voting.
5958 80th LEGISLATURE — REGULAR SESSION
Yeas — Allen; Alonzo; Anchia; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Talton; Taylor; Truitt; Turner; Van Arsdale; Veasey; Villarreal; Vo; West; Zedler.
Present, not voting — Mr. Speaker(C); Jones.
Absent, Excused — Branch; Isett.
Absent — Anderson; Coleman; Delisi; Dunnam; Kolkhorst; Moreno; Mowery; Oliveira; Parker; Straus; Thompson; Vaught; Woolley; Zerwas.
STATEMENTS OF VOTE
When Record No. 1751 was taken, I was in the house but away from my desk. I would have voted yes.
Anderson
I was shown voting yes on Record No. 1751. I intended to vote no.
Aycock
Senate Committee Substitute
CSHB 2944, A bill to be entitled An Act relating to permits for erecting certain outdoor signs or advertising.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 391.068, Transportation Code, is amended by amending Subsection (a) and adding Subsections (d) and (e) to read as follows:
(a)iiExcept as provided by Subsection (d), the [The] commission shall issue
a permit to a person with a license issued under this subchapter:
(1)iiwhose license application complies with rules adopted under Section 391.065; and
(2)iiwhose outdoor advertising, whether owned or leased, if erected would comply with this chapter and rules adopted under Section 391.032(a).
(d)iiIn addition to the requirements of Subsection (a), if the outdoor advertising is located within the jurisdiction of a municipality with a population of more than 1.9 million that is exercising its authority to regulate outdoor advertising, the commission may issue a permit under this section only if the municipality:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5959
(1)iihas not acted to prohibit new outdoor advertising within the jurisdiction of the municipality; and
(2)iihas issued a permit authorizing the outdoor advertising.
(e)iiSubsection (d) does not apply to the relocation of outdoor advertising to another location if the construction, reconstruction, or expansion of a highway requires the removal of the outdoor advertising.
SECTIONi2.iiSection 394.021, Transportation Code, is amended by adding Subsection (c) to read as follows:
(c)iiIf the off-premise sign is located within the jurisdiction of a municipality with a population of more than 1.9 million that is exercising its authority to regulate off-premise signs, the commission may not issue a permit under this section if the municipality has acted to prohibit new off-premise signs within the jurisdiction of the municipality.
SECTIONi3.iiSection 394.022, Transportation Code, is amended to read as follows:
Sec.i394.022.iiISSUANCE OF PERMIT.ii(a) The commission shall issue a permit to a person:
(1)iiwhose application complies with commission rule;
(2)ii[and] whose sign, if erected, would comply with the requirements of
this chapter; and
(3)iiwho, if the off-premise sign is located within the jurisdiction of a municipality with a population of more than 1.9 million that is exercising its authority to regulate off-premise signs, has obtained a permit for the off-premise sign.
(b)iiSubsection (a)(3) does not apply to the relocation of an off-premise sign to another location if the construction, reconstruction, or expansion of a highway requires the removal of the off-premise sign.
SECTIONi4.iiThis Act takes effect September 1, 2007.
HB 4007 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Ortiz called up with senate amendments for consideration at this time,
HB 4007, A bill to be entitled An Act relating to the county courts at law in Nueces County.
Representative Ortiz moved to concur in the senate amendments to HBi4007.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1752): 130 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chisum; Christian; Cohen; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Dukes; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Garcia; Gattis; Geren; Gonzales; Gonzalez
5960 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Anderson; Chavez; Coleman; Delisi; Deshotel; Driver; Dunnam; Gallego; Giddings; Kolkhorst; Martinez; Moreno; Oliveira; Peña; Rodriguez; Thompson; Woolley.
STATEMENT OF VOTE
When Record No. 1752 was taken, I was in the house but away from my desk. I would have voted yes.
Anderson
Senate Amendment No. 1 (Senate Committee Amendment No. 1)
Amend HB 4007 (House Engrossed Version) by striking SECTION 3 of the bill (page 1, line 16) and substituting the following appropriately numbered SECTION:
SECTION ____. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.
HB 1093 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Geren called up with senate amendments for consideration at this time,
HB 1093, A bill to be entitled An Act relating to the offense of funeral service disruption.
Representative Geren moved to concur in the senate amendments to HBi1093.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1753): 140 Yeas, 0 Nays, 1 Present, not voting.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5961
Yeas — Allen; Alonzo; Anchia; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dutton; Eiland; Eissler; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Anderson; Dunnam; Elkins; Kolkhorst; Moreno; Oliveira; Thompson.
STATEMENT OF VOTE
When Record No. 1753 was taken, I was in the house but away from my desk. I would have voted yes.
Anderson
Senate Amendment No. 1 (Senate Committee Amendment No. 1)
Amend HB 1093 as follows:
(1) In Section 3 of the bill, page 1 line 19 strike "This Act takes effect September 1, 2007." and substitute "This act takes effect immediately if it receives a vote of two-thirds of all 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, 2007."
HB 1786 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Swinford called up with senate amendments for consideration at this time,
HB 1786, A bill to be entitled An Act relating to certain regulations and licensing exemptions applying to certain child-care programs.
Representative Swinford moved to concur in the senate amendments to HBi1786.
A record vote was requested.
5962 80th LEGISLATURE — REGULAR SESSION
The motion to concur in senate amendments prevailed by (Record 1754): 137 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Anderson; Coleman; Davis, J.; Dunnam; Kolkhorst; Moreno; Noriega; Oliveira; Rodriguez; Thompson.
STATEMENT OF VOTE
When Record No. 1754 was taken, I was in the house but away from my desk. I would have voted yes.
Anderson
Senate Committee Substitute
CSHB 1786, A bill to be entitled An Act relating to an exemption for certain programs from the child-care licensing requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 42.041(b), Human Resources Code, is amended to read as follows:
(b)iiThis section does not apply to:
(1)iia state-operated facility;
(2)iian agency foster home or agency foster group home;
(3)iia facility that is operated in connection with a shopping center, business, religious organization, or establishment where children are cared for during short periods while parents or persons responsible for the children are attending religious services, shopping, or engaging in other activities on or near the premises, including but not limited to retreats or classes for religious instruction;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5963
(4)iia school or class for religious instruction that does not last longer than two weeks and is conducted by a religious organization during the summer months;
(5)iia youth camp licensed by the [Texas] Department of State Health
Services;
(6)iia facility licensed, operated, certified, or registered by another state agency;
(7)iian educational facility accredited by the Texas Education Agency or the Southern Association of Colleges and Schools that operates primarily for educational purposes in grades kindergarten and above, an after-school program operated directly by an accredited educational facility, or an after-school program operated by another entity under contract with the educational facility, if the Texas Education Agency or Southern Association of Colleges and Schools has approved the curriculum content of the after-school program operated under the contract;
(8)iian educational facility that operates solely for educational purposes in grades kindergarten through at least grade two, that does not provide custodial care for more than one hour during the hours before or after the customary school day, and that is a member of an organization that promulgates, publishes, and requires compliance with health, safety, fire, and sanitation standards equal to standards required by state, municipal, and county codes;
(9)iia kindergarten or preschool educational program that is operated as part of a public school or a private school accredited by the Texas Education Agency, that offers educational programs through grade six, and that does not provide custodial care during the hours before or after the customary school day;
(10)iia family home, whether registered or listed;
(11)iian educational facility that is integral to and inseparable from its sponsoring religious organization or an educational facility both of which do not provide custodial care for more than two hours maximum per day, and that offers educational programs for children age five and above in one or more of the following: kindergarten through at least grade three, elementary, or secondary grades;
(12) an emergency shelter facility providing shelter to minor mothers who are the sole support of their natural children under Section 32.201, Family Code, unless the facility would otherwise require a license as a child-care facility under this section;
(13)iia juvenile detention facility certified under Section 51.12, Family Code, or Section 141.042(d), a juvenile facility providing services solely for the Texas Youth Commission, or any other correctional facility for children operated or regulated by another state agency or by a political subdivision of the state;
(14)iian elementary-age (ages 5-13) recreation program operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinances shall include, at a minimum, staffing ratios, minimum staff qualifications, minimum facility, health, and safety standards, and mechanisms
5964 80th LEGISLATURE — REGULAR SESSION
(15)iian annual youth camp held in a municipality with a population of more than 1.5 million that operates for not more than three months and that has been operated for at least 10 years by a nonprofit organization that provides care for the homeless; or
(16)iia food distribution program that:
(A)iiserves an evening meal to children two years of age or older; and
(B)iiis operated by a nonprofit food bank in a nonprofit, religious, or educational facility for not more than two hours a day on regular business days.
SECTIONi2.iiThis Act takes effect September 1, 2007.
HB 1857 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Murphy called up with senate amendments for consideration at this time,
HB 1857, A bill to be entitled An Act relating to the identification and regulation of land located in a future transportation corridor of a county.
Representative Murphy moved to concur in the senate amendments to HBi1857.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1755): 135 Yeas, 3 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Castro; Chavez; Chisum; Christian; Cohen; Cook, B.; Cook, R.; Corte; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Ritter; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Nays — Crabb; Harper-Brown; Riddle.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5965
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Callegari; Coleman; Dunnam; Hopson; Kolkhorst; Merritt; Moreno; Oliveira; Rodriguez.
STATEMENT OF VOTE
I was shown voting yes on Record No. 1755. I intended to vote no.
Flynn
Senate Amendment No. 1 (Senate Committee Amendment No. 1)
Amend HB 1857 as follows:
(1) Strike Section 232.0033, Local Government Code (engrossed version page 2, lines 1-22), and substitute the following:
Sec. 232.0033. ADDITIONAL REQUIREMENTS: FUTURE TRANSPORTATION CORRIDORS. (a) This section applies to each county in the state. The requirements provided by this section are in addition to the other requirements of this chapter.
(b) If all or part of a subdivision for which a plat is required under this chapter is located within a future transportation corridor identified in an agreement under Section 201.619, Transportation Code:
(1) the commissioners court of a county in which the land is located:
(A) may refuse to approve the plat for recordation unless the plat states that the subdivision is located within the area of the alignment of a transportation project as shown in the final environmental decision document that is applicable to the future transportation corridor; and
(B) may refuse to approve the plat for recordation if all or part of the subdivision is located within the area of the alignment of a transportation project as shown in the final environmental decision document that is applicable to the future transportation corridor; and
(2) each purchase contract or lease between the subdivider and a purchaser or lessee of land in the subdivision must contain a conspicuous statement that the land is located within the area of the alignment of a transportation project as shown in the final environmental decision document that is applicable to the future transportation corridor.
HB 2106 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Chisum called up with senate amendments for consideration at this time,
HB 2106, A bill to be entitled An Act relating to the regulation of barbering and cosmetology.
Representative Chisum moved to concur in the senate amendments to HBi2106.
A record vote was requested.
5966 80th LEGISLATURE — REGULAR SESSION
The motion to concur in senate amendments prevailed by (Record 1756): 139 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Coleman; Dunnam; Guillen; Kolkhorst; Merritt; Moreno; Oliveira; Raymond.
Senate Committee Substitute
CSHB 2106, A bill to be entitled An Act relating to the regulation of barbering and cosmetology.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 1601.002, Occupations Code, is amended to read as follows:
Sec.i1601.002.iiDEFINITION OF BARBERING.iiIn this chapter, "barbering," "practicing barbering," or the "practice of barbering" means:
(1)iiperforming or offering or attempting to perform for compensation or the promise of compensation any of the following services:
(A)iitreating a person's mustache or beard by arranging, beautifying, coloring, processing, shaving, styling, or trimming;
(B)iitreating a person's hair by:
(i)iiarranging, beautifying, bleaching, cleansing, coloring, curling, dressing, dyeing, processing, shampooing, shaping, singeing, straightening, styling, tinting, or waving;
(ii)iiproviding a necessary service that is preparatory or ancillary to a service under Subparagraph (i), including bobbing, clipping, cutting, or trimming; or
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5967
(iii)iicutting the person's hair as a separate and independent service for which a charge is directly or indirectly made separately from a charge for any other service;
(C)iicleansing, stimulating, or massaging a person's scalp, face, neck, arms, or shoulders:
(i)iiby hand or by using a device, apparatus, or appliance; and
(ii)iiwith or without the use of any cosmetic preparation, antiseptic, tonic, lotion, or cream;
(D)iibeautifying a person's face, neck, arms, or shoulders using a cosmetic preparation, antiseptic, tonic, lotion, powder, oil, clay, cream, or appliance;
(E)iitreating a person's nails by:
(i)iicutting, trimming, polishing, tinting, coloring, cleansing, manicuring, or pedicuring; or
(ii)iiattaching false nails;
(F)iimassaging, cleansing, treating, or beautifying a person's hands;
(G)iiadministering facial treatments;
(H)iiweaving a person's hair by using any method to attach commercial hair to a person's hair or scalp;
(I)iishampooing or conditioning a person's hair; [or]
(J)iiservicing in any manner listed in Paragraph (B) a person's wig, toupee, or artificial hairpiece on a person's head or on a block after the initial retail sale; or
(K)iibraiding a person's hair, trimming hair extensions only as applicable to the braiding process, and attaching commercial hair only by braiding and without the use of chemicals or adhesives;
(2)iiadvertising or representing to the public in any manner that a person is a barber or is authorized to practice barbering; or
(3)iiadvertising or representing to the public in any manner that a location or place of business is a barbershop, specialty shop, or barber school.
SECTIONi2.iiSection 1601.253(b), Occupations Code, is amended to read as follows:
(b)iiThe department shall issue a Class A barber certificate to an applicant who:
(1)iicomplies with the application requirements of this chapter;
(2)iipasses the applicable examination [with an average grade of at least
75 percent];
(3)iipays the required fee; and
(4)iipossesses the other qualifications required by this chapter.
SECTIONi3.iiSubchapter F, Chapter 1601, Occupations Code, is amended by adding Sections 1601.258 and 1601.259 to read as follows:
Sec.i1601.258.iiELIGIBILITY FOR HAIR WEAVING SPECIALTY CERTIFICATE OF REGISTRATION. (a) A person holding a hair weaving specialty certificate of registration may perform only barbering as defined by Section 1601.002(1)(H).
(b)iiAn applicant for a hair weaving specialty certificate of registration must:
5968 80th LEGISLATURE — REGULAR SESSION
(1)iibe at least 17 years of age; and
(2)iisatisfy the requirements specified by the department, including training through a commission-approved training program.
(c)iiThe department shall issue a hair weaving specialty certificate of registration to an applicant who:
(1)iipossesses the qualifications described by Subsection (b);
(2)iipays the required registration fee; and
(3)iihas not committed an act that constitutes a ground for denial of the certificate.
Sec.i1601.259.iiELIGIBILITY FOR HAIR BRAIDING SPECIALTY CERTIFICATE OF REGISTRATION. (a) A person holding a hair braiding specialty certificate of registration may perform only barbering as defined by Section 1601.002(1)(K).
(b)iiAn applicant for a hair braiding specialty certificate must:
(1)iibe at least 17 years of age; and
(2)iisatisfy the requirements specified by the department, including training through a commission-approved training program.
(c)iiThe department shall issue a hair braiding specialty certificate of registration to an applicant who:
(1)iipossesses the qualifications described by Subsection (b);
(2)iipays the required registration fee; and
(3)iihas not committed an act that constitutes a ground for denial of the certificate.
SECTIONi4.iiSection 1601.303, Occupations Code, is amended to read as follows:
Sec.i1601.303.iiISSUANCE OF BARBERSHOP PERMIT.iiThe department shall issue a barbershop permit to an applicant if:
(1)iithe applicant owns the barbershop; [and]
(2)iithe applicant verifies the application; and
(3)iithe shop meets the minimum health standards for barbershops set by the commission and complies with all other commission rules.
SECTIONi5.iiSections 1601.304 and 1601.305, Occupations Code, are amended to read as follows:
Sec.i1601.304.ii[MANICURIST] SPECIALTY SHOP PERMIT.ii(a) A
person who holds a [manicurist] specialty shop permit may maintain an
establishment in which only barbering as defined by Section [Sections]
1601.002(1)(E), [and] (F), (H), or (K) is performed. [A manicurist specialty shop
may be operated only under the direction of a person who holds a manicurist
license.]
(b)iiAn applicant for a [manicurist] specialty shop permit must submit:
(1)iian application on a department-approved form [that includes:
[(A)iithe shop's address;
[(B)iithe legal description of the premises for which the permit is
sought; and
[(C)iiany other information required by the department]; and
(2)iithe required inspection fee.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5969
[(c)iiAs soon as practicable after receipt of the application and fee, the
department shall issue a temporary manicurist specialty shop permit to the
applicant. The applicant may operate the applicant's shop under the temporary
permit until a permanent permit is issued.]
Sec.i1601.305.iiISSUANCE OF [MANICURIST] SPECIALTY SHOP
PERMIT.iiThe department shall issue a [permanent manicurist] specialty shop
permit to an applicant if:
(1)iithe applicant submits proof that the applicant satisfies the
requirements established by the commission for a specialty shop [holds a
manicurist license]; [and]
(2)iithe applicant pays the required inspection fee and permit fee;
(3)iithe applicant verifies the application and the application complies with commission rules; and
(4)iithe applicant has not committed an act that constitutes a ground for
denial of a permit, certificate, or license under this chapteri[the shop meets the
minimum health standards for manicurist specialty shops set by the commission,
as determined by a department inspection under Section 1603.103, and any other
requirements imposed by commission rule].
SECTIONi6.iiSection 1601.353(a), Occupations Code, is amended to read as follows:
(a)iiThe department may not approve an application for a permit for a barber school that provides training leading to issuance of a Class A barber certificate unless the school has:
(1)iia [an adequate school site housed in a substantial] building of
permanent construction containing at least 2,800 square feet of floor space,
divided into at least:
(A)iia senior department;
(B)iia junior department;
(C)iia class theory room;
(D)iia supply room;
(E)iian office space; and
(F)ii[a dressing and cloak room; and
[(G)iitwo sanitary, modern,] separate restrooms for male and female
students[, each equipped with one commode and one of which is also equipped
with a urinal];
(2)iia hard-surface floor-covering of tile or other suitable material;
(3)iiat least 20 modern barber chairs, including a cabinet and mirror for each chair;
(4)iia sink [lavatory] behind every two barber chairs;
(5)iia liquid sterilizer for each barber chair;
(6)iian adequate number of latherers, vibrators, and hair dryers for student use;
(7)iiadequate lighting for each room;
(8)iiat least 20 classroom chairs, a blackboard, anatomical charts of the head, neck, and face, and one barber chair in the class theory room;
5970 80th LEGISLATURE — REGULAR SESSION
(9)ii[a library with library facilities available to students containing] at
least one medical dictionary and a standard work on human anatomy;
(10)iiadequate drinking fountain facilities, with at least one for each floor; and
(11)iiat least one fire extinguisheriii[adequate toilet facilities for the
students; and
[(12)iiadequate fire-fighting equipment].
SECTIONi7.iiSection 1601.453, Occupations Code, is amended to read as follows:
Sec.i1601.453.iiLOCATION OF PRACTICE.iiA person licensed by the department may practice barbering only at a location for which the department has issued a barbershop permit, specialty shop permit, or barber school permit under this chapter or a permit issued under Chapter 1603.
SECTIONi8.iiSection 1602.256, Occupations Code, is amended to read as follows:
Sec.i1602.256.iiELIGIBILITY FOR A MANICURIST SPECIALTY
LICENSE.ii(a) A person holding a manicurist specialty license may perform only
the practice of cosmetology defined in Section 1602.002(a)(10) or (11)
[1602.002(9) or (10)].
(b)iiTo be eligible for a manicurist specialty license, an applicant must:
(1)iibe at least 17 years of age;
(2)iihave obtained a high school diploma or the equivalent of a high school diploma or have passed a valid examination administered by a certified testing agency that measures the person's ability to benefit from training; and
(3)iihave completed 600 hours of instruction in manicuring through a commission-approved training program.
SECTIONi9.iiSection 1602.257(a), Occupations Code, is amended to read as follows:
(a)iiA person holding a facialist specialty license may perform only the
practice of cosmetology defined in Sections 1602.002(a)(6) through (9) [Section
1602.002(7)].
SECTIONi10.iiSection 1602.258, Occupations Code, is amended to read as follows:
Sec.i1602.258.iiELIGIBILITY FOR A SPECIALTY CERTIFICATE.ii(a) A
person holding a specialty certificate may perform only the practice of
cosmetology defined in Sections 1602.002(a)(2) through (4) [Section
1602.002(2), (3), (4), or (7)].
(b)iiTo be eligible for a specialty certificate, an applicant must:
(1)iibe at least 17 years of age; and
(2)ii[have obtained a high school diploma or the equivalent of a high
school diploma or have passed a valid examination administered by a certified
testing agency that measures the person's ability to benefit from training; and
[(3)]iihave the necessary requisites as determined by the department in
the particular specialty for which certification is sought, including training
through a commission-approved training program.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5971
SECTIONi11.iiSection 1602.262(a), Occupations Code, is amended to read as follows:
(a)iiAn applicant for an operator license, instructor license, manicurist specialty license, or facialist specialty license is entitled to the license if the applicant:
(1)iimeets the applicable eligibility requirements;
(2)iipasses the applicable examination;
(3)iipays the required fee; and
(4)iihas not committed an act that constitutes a ground for denial of the license.
SECTIONi12.iiSection 1602.303(b), Occupations Code, is amended to read as follows:
(b)iiAn application for a private beauty culture school license must be accompanied by the required license fee and inspection fee and:
(1)iibe on a form prescribed by the department;
(2)iibe verified by the applicant; and
(3)ii[contain a detailed floor plan of the school building divided into two
separate areas, one area for instruction in theory and one area for clinic work; and
[(4)]iicontain a statement that the building:
(A)ii[is fireproof;
[(B)]iiis of permanent construction and is divided into at least two
separate areas:
(i)iione area for instruction in theory; and
(ii)iione area for clinic work;
(B)i[(C)]iicontains a minimum of 3,500 square feet of floor space;
(C)i[(D)]iihas separate restrooms for male and female students; and
(D)i[(E)]iicontains, or will contain before classes begin, the
equipment established by commission rule as sufficient to properly instruct a
minimum of 50 students.
SECTIONi13.iiSection 1602.354, Occupations Code, is amended to read as follows:
Sec.i1602.354.iiCONTINUING EDUCATION. (a)iiThe commission will by rule recognize, prepare, or administer continuing education programs for the practice of cosmetology. Participation in the programs is mandatory for all license renewals.
(b)iiThe commission may only require a license holder to complete continuing education of not more than four hours in health and safety courses if the license holder:
(1)iiis at least 65 years of age; and
(2)iihas held a cosmetology license for at least 15 years.
SECTIONi14.iiSection 1602.403(a), Occupations Code, is amended to read as follows:
(a)iiA private beauty culture school may not employ:
(1)iia person holding an operator license, manicurist specialty license, or specialty certificate solely to perform the practices of cosmetology for which the person is licensed or certified; or
5972 80th LEGISLATURE — REGULAR SESSION
(2)iia person holding an instructor license to perform any act or practice of cosmetology.
SECTIONi15.iiSection 1603.103, Occupations Code, is amended to read as follows:
Sec.i1603.103.iiINSPECTION OF SCHOOLS[, SHOPS, AND
FACILITIES] BEFORE OPERATION. (a) Until the department determines, by
inspection, that the person has established the school[, shop, or facility] in
compliance with this chapter, Chapter 1601, or Chapter 1602, a person may not
operate a school[, shop, or other facility] licensed or permitted under this chapter,
Chapter 1601, or Chapter 1602.
(b)iiA school[, shop, or other facility] that is not approved by the department
on initial inspection may be reinspected.
(c)iiThe department may charge the school[, shop, or other facility shall pay]
a fee for each inspection. The commission shall by rule set the amount of the fee.
SECTIONi16.iiSections 1603.104(b) and (e), Occupations Code, are amended to read as follows:
(b)iiAt least once every two years, the department shall inspect each
[school,] shop[,] or other facility that holds a license, certificate, or permit in
which the practice of barbering or cosmetology is performed under this chapter,
Chapter 1601, or Chapter 1602, and at least twice per year, the department shall
inspect each school in which barbering or cosmetology is taught under this
chapter, Chapter 1601, or Chapter 1602.
(e)iiThe department may charge the school, shop, or other facility [shall pay]
a fee for each inspection performed under Subsection (c). The commission shall
by rule set the amount of the fee.
SECTIONi17.iiSubchapter C, Chapter 1603, Occupations Code, is amended by adding Section 1603.1045 to read as follows:
Sec.i1603.1045.iiCONTRACT TO PERFORM INSPECTIONS. The department may contract with a person to perform for the department inspections of a school, shop, or other facility under this chapter, Chapter 1601, or Chapter 1602.
SECTIONi18.iiSubchapter E, Chapter 1603, Occupations Code, is amended by adding Sections 1603.205 and 1603.206 to read as follows:
Sec.i1603.205.iiDUAL BARBER AND BEAUTY SHOP LICENSE. (a) A person holding a dual barber and beauty shop license may own, operate, or manage a shop in which any practice of barbering defined by Section 1601.002(1) or cosmetology defined by Section 1602.002(a) is performed.
(b)iiAn applicant for a dual barber and beauty shop license must submit:
(1)iian application on a department-approved form that is verified by the applicant;
(2)iiproof that the applicant meets the applicable requirements under Chapters 1601 and 1602 for obtaining a barbershop permit and a beauty shop license; and
(3)iithe required license fee.
(c)iiThe department shall issue a dual barber and beauty shop license to an applicant that:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5973
(1)iimeets the requirements under this chapter and Chapters 1601 and 1602;
(2)iicomplies with commission rules; and
(3)iipays the required fees.
(d)iiThe holder of a dual barber and beauty shop license must comply with this chapter, Chapters 1601 and 1602, and commission rules related to barbering and cosmetology.
Sec.i1603.206.iiMOBILE SHOPS. (a) In this section, "mobile shop" means a facility that is readily movable and where barbering, cosmetology, or both are practiced other than at a fixed location.
(b)iiA barbershop, beauty shop, or specialty shop licensed or permitted under this chapter, Chapter 1601, or Chapter 1602 may be a mobile shop.
(c)iiThe commission may adopt rules to administer this section, including rules providing for:
(1)iithe licensing or permitting of a mobile shop;
(2)iithe fees for a mobile shop;
(3)iithe operation of a mobile shop;
(4)iireporting requirements for a mobile shop; and
(5)iithe inspection of a mobile shop.
SECTIONi19.iiSection 1603.352, Occupations Code, is amended to read as follows:
Sec.i1603.352.iiSTERILIZATION [SANITATION] REQUIREMENTS
FOR CERTAIN SERVICES.ii(a)iiA person who holds a license, certificate, or
permit issued under this chapter, Chapter 1601, or Chapter 1602 and who
performs a barbering service described by Section 1601.002(1)(E) or (F) or a
cosmetology service described by Section 1602.002(a)(10) or (11) [1602.002(10)
or (11):
[(1)]iishall, before performing the service, clean, disinfect, and sterilize
with an autoclave or a dry heat, ultraviolet, or other department-approved
sterilizer, in accordance with the sterilizer manufacturer's instructions, each metal
[nondisposable] instrument, including metal nail clippers, cuticle pushers, cuticle
nippers, and other metal instruments, used to perform the service[; and
[(2)iimay use a disposable supply or instrument only if that supply or
instrument is purchased at the location where the service is performed or
provided by the person on whom the service is performed].
(b)iiThe owner or manager of a barber shop, barber school, beauty shop,
specialty shop, [or] beauty culture school, or other facility licensed under this
chapter, Chapter 1601, or Chapter 1602, is responsible for providing an autoclave
or a dry heat, ultraviolet, or other department-approved sterilizer for use in the
shop or school as required by Subsection (a). An autoclave or a dry heat,
ultraviolet, or other department-approved sterilizer used as required by
Subsection (a) must be[:
[(1)iiregistered and] listed with the United States [federal] Food and
Drug Administration[; and
[(2)iiused in accordance with the manufacturer's instructions].
5974 80th LEGISLATURE — REGULAR SESSION
(c)iiEach sterilized instrument must be stored in accordance with the manufacturer's instructions.
(d)iiThis section does not apply to:
(1)iisingle-use instruments; or
(2)iinonmetal nail files, buffer blocks, pumice stones, nail brushes, or other similar instruments.
(e)iiThe commission may adopt rules to administer this section.
SECTIONi20.iiSubchapter J, Chapter 1603, Occupations Code, is amended by adding Sections 1603.455 and 1603.456 to read as follows:
Sec.i1603.455.iiEMERGENCY ORDERS. (a) The executive director may issue an emergency order to suspend or revoke a license or permit issued, or to cease the operation of an unsafe facility regulated, by the department under this title if the executive director determines that an emergency exists requiring immediate action to protect the public health and safety.
(b)iiThe executive director may issue the emergency order with or without notice and hearing as the executive director considers practicable under the circumstances.
(c)iiIf an emergency order is issued under this section without a hearing, the executive director, not later than the 10th day after the date the emergency order was issued, shall set the time and place for a hearing conducted by the State Office of Administrative Hearings to affirm, modify, or set aside the emergency order. The executive director shall set the hearing for a date not later than the 30th day after the date the time and place for the hearing are set. iThe hearing examiner shall affirm the order to the extent that reasonable cause existed to issue the order.
(d)iiThe commission by rule may prescribe procedures for the issuance and appeal of an emergency order under this section, including a rule to allow the commission to affirm, modify, or set aside a decision by the State Office of Administrative Hearings under Subsection (c).
(e)iiA proceeding under this section is a contested case under Chapter 2001, Government Code.
Sec.i1603.456.iiCEASE AND DESIST ORDERS. The executive director may issue a cease and desist order, after notice and opportunity for hearing, if the executive director determines that the order is necessary to prevent a violation of:
(1)iithis chapter, Chapter 1601, or Chapter 1602; or
(2)iia rule adopted by the commission.
SECTIONi21.iiSections 1601.506, 1602.266(c), and 1602.408, Occupations Code, are repealed.
SECTIONi22.ii(a) The Texas Department of Licensing and Regulation shall issue a hair braiding specialty certificate of registration under Section 1601.259, Occupations Code, as added by this Act, to an applicant qualified under this section who:
(1)iiapplies for a certificate of registration under this section not later than October 1, 2007;
(2)iihas the experience required by this section; and
(3)iipays the application fee.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5975
(b)iiAn applicant for a hair braiding specialty certificate of registration under this section is required to have practiced hair braiding in this state for at least 10 years before the regulation of hair braiding by Chapter 267, Acts of the 75th Legislature, Regular Session, 1997.
(c)iiThis section expires on October 31, 2007.
SECTIONi23.iiNot later than January 1, 2008, the Texas Commission of Licensing and Regulation shall adopt rules necessary to implement the changes in law made by this Act, including rules to administer:
(1)iiSections 1601.258 and 1601.259, Occupations Code, as added by this Act, related to eligibility for hair weaving and hair braiding specialty certificates;
(2)iiSection 1602.354, Occupations Code, as amended by this Act, related to continuing education and renewal requirements;
(3)iiSection 1603.205, Occupations Code, as added by this Act, related to dual barber and beauty shop licenses.
SECTIONi24.iiThe changes in law made by this Act apply only to an application for the issuance or renewal of a license, permit, or certificate that is filed with the Texas Department of Licensing and Regulation on or after the effective date of this Act. An application for the issuance or renewal of a license, permit, or certificate that is filed before the effective date of this Act is governed by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose.
SECTIONi25.iiNotwithstanding Section 1603.205, Occupations Code, as added by this Act, the Texas Department of Licensing and Regulation may not issue a license under that section before May 1, 2008.
SECTIONi26.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, 2007.
HB 2120 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Deshotel called up with senate amendments for consideration at this time,
HB 2120, A bill to be entitled An Act relating to the operation of the unemployment compensation system and eligibility for and computation of an individual's unemployment compensation benefits.
Representative Deshotel moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2120.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 2120: Deshotel, chair; Dukes, Kolkhorst, Straus, and Veasey.
5976 80th LEGISLATURE — REGULAR SESSION
HB 1386 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative P. King called up with senate amendments for consideration at this time,
HB 1386, A bill to be entitled An Act relating to regulation of the decommissioning costs of certain nuclear-powered commercial electric generating units.
Representative P. King moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 1386.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 1386: P. King, chair; B. Brown, Christian, Garcia, and O'Day.
HB 2392 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Madden called up with senate amendments for consideration at this time,
HB 2392, A bill to be entitled An Act relating to escrow fees required for the construction and leasing of certain health facilities.
Representative Madden moved to concur in the senate amendments to HBi2392.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1757): 141 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5977
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Eiland; Haggerty; Kolkhorst; Merritt; Moreno; Oliveira.
Senate Committee Substitute
CSHB 2392, A bill to be entitled An Act relating to escrow fees required for the construction and leasing of certain health facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter D, Chapter 246, Health and Safety Code, is amended by adding Sections 246.0735 and 246.0736 to read as follows:
Sec.i246.0735.iiPHASE-IN FACILITIES. The commissioner may create requirements for escrow release different from those under Section 246.073 for facilities that obtain a certificate of authority issued under this subchapter before the commencement of facility construction. A facility that meets the commissioner's requirements under this section is not required to satisfy Section 246.073.
Sec.i246.0736.iiCONTINUING RELEASE OF ESCROW. (a) After the initial release of an entrance fee by an escrow agent for a specific facility, the commissioner shall authorize an escrow agent to continue to release escrowed entrance fees for that facility to the provider without further proof of satisfying the requirements of Section 246.073 if:
(1)iithe provider provides a monthly report to the department on marketing activities for living units of the facility; and
(2)iithe provider immediately informs the department of any problems, issues, or irregularities encountered in its marketing activities for the facility.
(b)iiIf the provider fails to meet the requirements of Subsection (a), the commissioner may require the provider to satisfy the requirements of Section 246.073 before the commissioner authorizes the escrow agent to continue releasing escrowed entrance fees to the provider.
(c)iiThe commissioner shall adopt rules to implement this section.
SECTIONi2.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, 2007.
HB 2641 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Solomons called up with senate amendments for consideration at this time,
HB 2641, A bill to be entitled An Act relating to the selection of depositories for certain county funds, including funds held by a county or district clerk.
5978 80th LEGISLATURE — REGULAR SESSION
Representative Solomons moved to concur in the senate amendments to HBi2641.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1758): 139 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Garcia; Howard, C.; Kolkhorst; Latham; Merritt; Moreno; Oliveira; Talton.
STATEMENT OF VOTE
When Record No. 1758 was taken, I was in the house but away from my desk. I would have voted yes.
Garcia
Senate Committee Substitute
CSHB 2641, A bill to be entitled An Act relating to the selection of depositories for certain county funds, including funds held by a county or district clerk.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 116.021, Local Government Code, is amended to read as follows:
Sec.i116.021.iiDEPOSITORY AND SUBDEPOSITORY CONTRACTS. (a)
The commissioners court of a county [at its May regular term immediately
following each general election for state and county officers] shall select by the
process provided by this subchapter or by Subchapter C, Chapter 262, [contract
with] one or more banks in the county and enter a contract with each selected
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5979
(b)iiIf the contract is for a four-year term, the contract shall allow the county
[bank] to establish, on the basis of negotiations with the bank [county], new
interest rates and financial terms of the contract that will take effect during the
final two years of the four-year contract [if:
[(1)iithe new financial terms do not increase the prices to the county by
more than 10 percent; and
[(2)iithe county has the option to choose to use the initial variable
interest rate option or to change to the new fixed or variable interest rate options
proposed by the bank].
(c)iiOn the renewal of a contract, the county may negotiate new interest rates and terms with the bank for the next two years in the same way and subject to the same conditions as provided by Subsection (b).
(d)iiIf for any reason a county depository is not selected under Subsection (a), the commissioners court, at any subsequent time after 20 days' notice, may select, by the process described by Section 116.024 or by negotiated bid, one or more depositories in the same manner as at the regular time.
(e)iiIf the commissioners court selects a depository by the process provided by Subchapter C, Chapter 262, the depository may be selected by:
(1)iicompetitive bidding; or
(2)iianother method under that subchapter that the county is qualified to use.
SECTIONi2.iiSection 116.022(a), Local Government Code, is amended to read as follows:
(a)iiOnce each week for at least 20 days before the date to submit an
application under Section 116.023(a) [May regular term of a commissioners court
at which the court will make a depository contract], the county judge shall place
over the judge's name in a newspaper of general circulation [published] in the
county a notice that the commissioners court intends to receive applications from
which to select a depository bank [make the contract]. A notice shall also be
posted at the courthouse door of the county.
SECTIONi3.iiSection 116.023(a), Local Government Code, is amended to read as follows:
(a)iiA bank in the county that wants to be a county depository must deliver
its application to the county judge or a designated representative of the judge on
or before a date set by the commissioners court that is no later than the 60th day
before the date of the expiration of the existing depository contract [the first day
of the term of the commissioners court at which depositories are to be selected].
SECTIONi4.iiSection 116.024(a), Local Government Code, is amended to read as follows:
(a)iiAt the meeting [10 a.m. on the first day of each term] at which banks are
to be selected as county depositories, the commissioners court shall:
5980 80th LEGISLATURE — REGULAR SESSION
(1)iienter in the minutes of the court all applications filed with the county judge;
(2)iiconsider all applications; and
(3)iiselect the qualified applicants that offer the most favorable terms and conditions for the handling of the county funds.
SECTIONi5.iiSection 117.021, Local Government Code, is amended to read as follows:
Sec.i117.021.iiAPPLICATIONS. (a) The commissioners court of a county
[at its May regular term after a general election for state and county officers] shall
select by the process provided by this subchapter or by Subchapter C, Chapter
262, [receive an application from] a federally insured bank or banks in the county
to be the depository for a special account held by the county clerk and the district
clerks. The county shall enter a contract with the selected [a] federally insured
bank or banks [under this section] for a two-year or four-year [contract] term. The
original term can be renewed once for an additional two-year term. The contract
may, on request by the clerk and approval of the commissioners court, include a
provision that the funds in a special account earn interest. A request from the
clerk that an account earn interest must be made, in writing, to the commissioners
court not later than the 30th day before the date the county gives notice under
Section 117.022 and shall be entered in the minutes of the court.
(b)iiIf the contract is for a four-year term, the contract shall allow the county
[bank] to establish, on the basis of negotiations with the bank [county], new
interest rates and financial terms of the contract that will take effect during the
final two years of the four-year contract [if:
[(1)iithe new financial terms do not increase the prices to the county by
more than 10 percent; and
[(2)iithe county has the option to choose to use the initial variable
interest rate option or to change to the new fixed or variable interest rate options
proposed by the bank].
(c)iiOn the renewal of a contract, the county may negotiate new interest rates and terms with the bank for the next two years in the same way and under the same conditions as provided by Subsection (b).
(d)iiA bank must file its application on or before a date set by the
commissioners court [10 a.m. on the first day of the term]. The application must
be accompanied by a certified check or cashier's check for at least one-half of one
percent of the average daily balance of the registry funds held by the county clerk
and the district clerk during the preceding calendar year, as determined by the
county clerk and the district clerk on or before the 10th day before the date the
application is required to be filed. A certified check or cashier's check that
complies with this section is a good-faith guarantee on the part of the applicant
that if its application is accepted it will execute the bond required under this
subchapter. If the bank selected as depository does not provide the bond, the
county shall retain the amount of the check as liquidated damages and the county
shall select another depository as provided by this subchapter.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5981
(e)i[(d)]iiIf for any reason a county depository is not selected under
Subsection (a), the commissioners court, at any subsequent time after 20 days'
notice, may select, by the process described by Section 117.023 or by negotiated
bid, one or more depositories in the same manner as at the regular term.
(f)iiIf the commissioners court selects a depository by the process provided by Subchapter C, Chapter 262, the depository may be selected by:
(1)iicompetitive bidding; or
(2)iianother method under that subchapter that the county is qualified to use.
SECTIONi6.iiSection 117.023(a), Local Government Code, is amended to read as follows:
(a)iiAt the meeting [10 a.m. on the first day of each term] at which banks are
to be selected [the commissioners court is required to receive applications] to
serve as the depository for registry funds held by the county clerk and the district
clerk, the commissioners court shall enter the applications in the minutes of the
court and select a depository.
SECTIONi7.iiSection 117.025(b), Local Government Code, is amended to read as follows:
(b)iiA designation under Subsection (a) is effective until the designation and
qualification of a successor depository or until April 15 following the expiration
of the contract [term in which a depository must be selected under this
subchapter], whichever is earlier. If the term of a depository ends before the
designation and qualification of a successor, the depository shall pay to the clerk
in whose name the account is carried all registry funds due or on deposit.
SECTIONi8.iiTo the extent of any conflict, a change in law made by this Act to Chapter 116 or 117, Local Government Code, controls over a change made by H.B. No. 892, Acts of the 80th Legislature, Regular Session, 2007, regardless of the relative dates of enactment.
SECTIONi9.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, 2007.
(Kolkhorst now present)
HB 2738 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Solomons called up with senate amendments for consideration at this time,
HB 2738, A bill to be entitled An Act relating to liens on real property.
Representative Solomons moved to concur in the senate amendments to HBi2738.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1759): 142 Yeas, 0 Nays, 1 Present, not voting.
5982 80th LEGISLATURE — REGULAR SESSION
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Merritt; Moreno; Oliveira; Quintanilla; Raymond.
Senate Amendment No. 1 (Senate Committee Amendment No. 1)
On page 2, SECTION 3, Sec. 51.0074, line 23 strike "QUALIFICATIONS" and insert "DUTIES"
On page 3, SECTION 3, Sec. 51.0074, line 3 after "(2)" insert "held to the obligations of"
HB 2859 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative B. Brown called up with senate amendments for consideration at this time,
HB 2859, A bill to be entitled An Act relating to a memorial sign program for victims of certain vehicle accidents.
Representative B. Brown moved to concur in the senate amendments to HBi2859.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1760): 144 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5983
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Bailey; Moreno; Oliveira.
Senate Committee Substitute
CSHB 2859, A bill to be entitled An Act relating to a memorial sign program for victims of certain vehicle accidents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter K, Chapter 201, Transportation Code, is amended by adding Section 201.909 to read as follows:
Sec.i201.909.iiMEMORIAL SIGN PROGRAM. (a)iiIn this section, "victim" means a person killed in a highway accident involving alcohol or a controlled substance, excluding an operator who was under the influence of alcohol or a controlled substance.
(b)iiThe commission by rule shall establish and administer a memorial sign program to publicly memorialize the victims of alcohol or controlled substance-related vehicle accidents.
(c)iiA sign designed and posted under this section shall include:
(1)iithe phrase "Please Don't Drink and Drive";
(2)iithe phrase "In Memory Of" and the name of the victim in accordance with the commission rule in whose memory the sign is placed; and
(3)iithe date of the accident that resulted in the victim's death.
(d)iiA person may request that a sign be posted under this section by:
(1)iimaking an application to the department on a form prescribed by the department; and
(2)iisubmitting a fee to the department in an amount determined by the department to help defray the costs of posting the memorial sign.
(e)iiIf the application meets the department's requirements and the applicant pays the memorial sign fee, the department shall erect a sign. A sign posted under this section may remain posted for one year. At the end of the one year period the department may release the sign to the applicant. The department is not required to release a sign that has been damaged.
5984 80th LEGISLATURE — REGULAR SESSION
(f)iiA sign posted under this section that is damaged shall be removed by the department. Except as provided in Subsection (g), the department may post a new sign if it has been less than one year from the posting of the original sign and a person:
(1)iisubmits a written request to the department to replace the sign; and
(2)iisubmits a replacement fee in the amount provided under Subsection (d)(2).
(g)iiDuring the one year posting period the department shall replace a sign posted under this section that is damaged because of the department's negligence.
(h)iiThe commission shall adopt rules to implement this section.
(i)iiThis section does not authorize the department to remove an existing privately funded memorial that conforms to state law and department rules. A privately funded memorial may remain indefinitely as long as it conforms to state law and department rules.
SECTIONi2.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, 2007.
HB 3441 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Phillips called up with senate amendments for consideration at this time,
HB 3441, A bill to be entitled An Act relating to the erection and maintenance of tourist-oriented directional signs on eligible highways.
Representative Phillips moved to concur in the senate amendments to HBi3441.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1761): 143 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5985
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Harless; Moreno; Mowery; Oliveira.
Senate Committee Substitute
CSHB 3441, A bill to be entitled An Act relating to the eligibility of a specific information logo sign along a highway.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSections 391.001(2), (9), and (12), Transportation Code, are amended to read as follows:
(2)ii"Eligible highway" means a highway along which an information
logo sign may be located as determined by the commission under Section
391.092(d) [that:
[(A)iiis located outside an urbanized area with a population of
50,000 or more and qualifies for a maximum speed limit of 65 miles per hour
under 23 U.S.C. Section 154 or, if that law is repealed, qualified for a maximum
speed limit of 65 miles per hour on the day before the effective date of the repeal;
or
[(B)iiis a controlled-access highway located inside an urbanized
area with a population of 50,000 or more].
(9)ii"Major shopping area guide sign" means a rectangular guide sign
panel imprinted with the name of a major shopping area eligible to have its name
displayed as determined by the commission under Section 391.0935 [, as it is
commonly known to the public,] and containing directional information to the
major shopping area.
(12)ii"Specific information logo sign" means a rectangular sign
imprinted with the words "GAS," "FOOD," "LODGING," [or] "CAMPING," or
"24 HOUR Rx," or with a combination of those words, and the specific brand
names of commercial establishments offering those services.
SECTIONi2.iiSection 391.092, Transportation Code, is amended by adding Subsections (d) and (e) to read as follows:
(d)iiThe commission shall adopt rules, in accordance with applicable federal law, regulations, and guidelines, for determining eligible highways along which specific information logo signs, major shopping area guide signs, and tourist-oriented directional signs may be located. If permitted by federal law, regulations, or guidelines, the commission may establish different highway eligibility criteria for each type of sign.
(e)iiIn this section, "tourist-oriented directional signs" has the meaning assigned by Section 391.099.
SECTIONi3.iiSections 391.0935(a), (b), (d), and (f), Transportation Code, are amended to read as follows:
5986 80th LEGISLATURE — REGULAR SESSION
(a)iiUnless the commission determines there is a conflict with federal law,
the commission shall establish a program that allows the erection and
maintenance of major shopping area guide signs at appropriate locations along
eligible [urban] highways.
(b)iiThe commission shall adopt rules regulating the content, composition,
placement, erection, and maintenance of major shopping area guide signs and
supports within eligible [urban] highway rights-of-way. The commission by rule
shall establish criteria for determining if a geographic area contains a sufficient
concentration of retail establishments to be considered a major shopping area. A
major shopping area is entitled to have its name displayed on major shopping
area guide signs if it meets the criteria established by the commission and is
located not farther than three miles from an interchange on an eligible [urban]
highway.
(d)iiMajor shopping area guide signs may be included as part of exit
direction signs, advance guide signs, and supplemental guide signs and must
include guide signs for both directions of traffic on an eligible [urban] highway.
(f)iiThe commission may contract with an individual, firm, group, or
association in this state to erect and maintain major shopping area guide signs at
appropriate locations along an eligible [urban] highway.
SECTIONi4.iiSections 391.001(3) and (8) and 391.099(a)(2), Transportation Code, are repealed.
SECTIONi5.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, 2007.
HB 1196 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Kolkhorst called up with senate amendments for consideration at this time,
HB 1196, A bill to be entitled An Act relating to restrictions on the use of certain public subsidies.
Representative Kolkhorst moved to concur in the senate amendments to HBi1196.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1762): 137 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Christian; Cohen; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5987
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Chisum; Coleman; Flores; Krusee; McClendon; Moreno; Noriega; Oliveira; Raymond; Rodriguez.
Senate Amendment No. 1 (Senate Committee Amendment No. 1)
Amend HB 1196 (house engrossment) in proposed Section 2264.051, Government Code (page 2, lines 18 and 19), between "will not" and "employ", by inserting "knowingly".
HB 730 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Kolkhorst called up with senate amendments for consideration at this time,
HB 730, A bill to be entitled An Act relating to the notice of a municipality's or county's intention to issue certificates of obligation.
Representative Kolkhorst moved to concur in the senate amendments to HBi730.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1763): 137 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dutton; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla;
5988 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Cook, R.; Dunnam; Eiland; Frost; Hernandez; Lucio; Moreno; Oliveira; Riddle; Rodriguez.
Senate Committee Substitute
CSHB 730, A bill to be entitled An Act relating to the notice of a municipality's or county's intention to issue certificates of obligation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 271.049(a), Local Government Code, is amended to read as follows:
(a)iiRegardless of the sources of payment of certificates, certificates may not
be issued unless the issuer publishes notice of its intention to issue the
certificates. The notice must be published once a week for two consecutive weeks
in a newspaper, as defined by Subchapter C, Chapter 2051, Government Code,
that is of general circulation in the area of the issuer, with the date of the first
publication to be before the 30th [14th] day before the date tentatively set for the
passage of the order or ordinance authorizing the issuance of the certificates.
SECTIONi2.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, 2007.
HB 2621 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative F. Brown called up with senate amendments for consideration at this time,
HB 2621, A bill to be entitled An Act relating to the preservation, maintenance, and restoration of certain state buildings by the Texas Historical Commission.
Representative F. Brown moved to concur in the senate amendments to HBi2621.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1764): 139 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5989
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Anchia; Cook, R.; Frost; Goolsby; Harless; McReynolds; Moreno; Oliveira.
STATEMENTS OF VOTE
When Record No. 1764 was taken, I was in the house but away from my desk. I would have voted yes.
Anchia
When Record No. 1764 was taken, I was in the house but away from my desk. I would have voted yes.
Harless
Senate Committee Substitute
CSHB 2621, A bill to be entitled An Act relating to the preservation, maintenance, and restoration of certain state buildings by the Texas Historical Commission and to the transfer of the Texas Building and Procurement Commission's Governor's Mansion duties to the State Preservation Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 442.0072(d), Government Code, is amended to read as follows:
(d)iiThe commission shall preserve, maintain in a state of suitable repair, restore, and develop the church and the house, their contents, and their grounds, in the manner determined by the commission, for the beautification and cultural enhancement of the properties as a significant Texas historical site and in a manner consistent with development of the Capitol Complex.
SECTIONi2.iiSubchapter A, Chapter 442, Government Code, is amended by adding Section 442.0073 to read as follows:
Sec.i442-0073.iiPRESERVATION AND MAINTENANCE OF CERTAIN STATE BUILDINGS. (a)iiThe commission shall preserve, maintain, and restore Luther Hall, the Elrose Building, and the Christianson-Leberman Building, their contents, and their grounds.
5990 80th LEGISLATURE — REGULAR SESSION
(b)iiFor purposes of this section, Luther Hall and the Elrose Building are located on 16th Street between Colorado Street and North Congress Avenue in Austin and the Christianson-Leberman Building is located at 1304 Colorado Street in Austin.
SECTIONi3.iiSection 2165.007(b), Government Code, is amended to read as follows:
(b)iiNotwithstanding any other law, the commission shall provide facilities management services in relation to all state agency facilities in Travis County or a county adjacent to Travis County. The commission's duty does not apply to:
(1)iia facility owned or operated by an institution of higher education;
(2)iimilitary facilities;
(3)iifacilities owned or operated by the Texas Department of Criminal Justice;
(4)iifacilities owned or operated by the Texas Youth Commission;
(5)iifacilities owned or operated by the Texas Department of Transportation;
(6)iithe Capitol, including the Capitol Extension, the General Land
Office building, the Bob Bullock Texas State History Museum, [and] any
museum located on the Capitol grounds, the Governor's Mansion, and any
property maintained by the Texas Historical Commission under Sections
442.0072 and 442.0073;
(7)iia facility determined by the commission to be completely residential;
(8)iia regional or field office of a state agency; or
(9)iia facility located within or on state park property.
SECTIONi4.iiOn September 1, 2007:
(1)iiall powers and duties of the Texas Building and Procurement Commission related to the Governor's Mansion and its grounds are transferred to the State Preservation Board.
(2)iiall records of the Texas Building and Procurement Commission related to the Governor's Mansion and its grounds are transferred to the State Preservation Board.
(3)iiall contracts of the Texas Building and Procurement Commission pertaining specifically to the Governor's Mansion and its grounds are transferred to the State Preservation Board; and
(4)iiall appropriations to the Texas Building and Procurement Commission specifically for purposes pertaining to the Governor's Mansion and its grounds, and all appropriations to the Texas Building and Procurement Commission budgeted by the agency for expenditures pertaining to the Governor's Mansion and its grounds, are transferred to the State Preservation Board.
SECTIONi6.iiThis Act takes effect September 1, 2007.
HB 2762 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Eiland called up with senate amendments for consideration at this time,
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 5991
HB 2762, A bill to be entitled An Act relating to adoption of requirements regarding the replacement of existing life insurance policies and certain annuities; imposing penalties.
Representative Eiland moved to concur in the senate amendments to HBi2762.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1765): 143 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Burnam; Driver; Moreno; Oliveira.
Senate Committee Substitute
CSHB 2762, A bill to be entitled An Act relating to the adoption of requirements regarding the replacement of existing life insurance policies and certain annuities; imposing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubtitle A, Title 7, Insurance Code, is amended by adding Chapter 1114 to read as follows:
CHAPTER 1114. REPLACEMENT OF CERTAIN LIFE INSURANCE POLICIES AND ANNUITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec.i1114.001.iiPURPOSE. The purpose of this chapter is to:
(1)iiregulate the activities of insurers and agents with respect to the replacement of existing life insurance and annuities;
5992 80th LEGISLATURE — REGULAR SESSION
(2)iiprotect the interests of purchasers of life insurance or annuities by establishing minimum standards of conduct to be observed in replacement or financed purchase transactions;
(3)iiensure that purchasers receive information with which a decision in the purchaser's best interest may be made;
(4)iireduce the opportunity for misrepresentation and incomplete disclosure; and
(5)iiestablish penalties for failure to comply with the requirements adopted under this chapter.
Sec.i1114.002.iiGENERAL DEFINITIONS. In this chapter:
(1)ii"Agent" means an individual who holds a license under Chapter 4054 and who sells, solicits, or negotiates life insurance or annuities in this state.
(2)ii"Direct-response solicitation" means a solicitation made:
(A)iiby a sponsoring or endorsing entity or individually; and
(B)iisolely through mails, telephone, the Internet, or other mass communication media.
(3)ii"Existing insurer" means the insurer, the policy or contract of which is or will be changed or affected by a replacement.
(4)ii"Existing policy or contract" means an individual life insurance policy or annuity contract that is in force, including a policy under a binding or conditional receipt or a policy or contract that is within an unconditional refund period.
(5)ii"Financed purchase" means the purchase of a new policy that involves the actual or intended use of funds to pay all or part of any premium due on the new policy obtained by:
(A)iithe withdrawal or surrender of an existing policy; or
(B)iiborrowing from values of an existing policy.
(6)ii"Illustration" means a presentation or depiction that includes nonguaranteed elements of a life insurance policy over a period of years.
(7)ii"Registered contract" means a variable annuity contract or variable life insurance policy subject to the prospectus delivery requirements of the Securities Act of 1933 (15 U.S.C. Section 77a et seq.).
(8)ii"Replacement" means a transaction under which a new policy or contract is to be purchased, and for which it is known or should be known to the proposing agent or proposing insurer that, by reason of the transaction, an existing policy or contract has been or is to be:
(A)iilapsed, forfeited, surrendered or partially surrendered, assigned to a replacing insurer, or otherwise terminated;
(B)iiconverted to reduced paid-up insurance, continued as extended term insurance, or otherwise reduced in value by the use of nonforfeiture benefits or other policy values;
(C)iiamended so as to effect a reduction in benefits or in the term for which coverage would otherwise remain in force or for which benefits would be paid;
(D)iireissued with any reduction in cash value; or
(E)iiused in a financed purchase.
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(9)ii"Replacing insurer" means the insurer that issues or proposes to issue a new policy or contract that:
(A)iireplaces an existing policy or contract; or
(B)iiis a financed purchase.
(10)ii"Sales material" means a sales illustration and any other written, printed, or electronically presented information:
(A)iicreated or completed or provided by the insurer or agent; and
(B)iiused in the presentation to the policy or contract owner relating to the policy or contract purchased.
Sec.i1114.003.iiDEFINITION OF POLICY SUMMARY. (a) For purposes of this chapter, "policy summary" has the meaning assigned by this section.
(b)iiFor a policy or contract other than a universal life insurance policy, "policy summary" means a written statement regarding the policy or contract that at minimum contains, to the extent applicable, the following information:
(1)iithe current death benefit;
(2)iithe annual contract premium;
(3)iithe current cash surrender value;
(4)iithe current dividend;
(5)iithe application of the current dividend; and
(6)iithe amount of any outstanding loan.
(c)iiFor a universal life insurance policy, "policy summary" means a written statement that contains, at minimum, the following information:
(1)iithe beginning and ending date of the current reporting period;
(2)iithe policy value at the end of the previous reporting period and at the end of the current reporting period;
(3)iithe total amounts that have been credited or debited to the policy value during the current reporting period, identifying each by type, including interest, mortality, expense, and riders;
(4)iithe current death benefit at the end of the current reporting period on each life covered by the policy;
(5)iithe net cash surrender value of the policy as of the end of the current reporting period; and
(6)iithe amount of any outstanding loans as of the end of the current reporting period.
Sec.i1114.004.iiAPPLICABILITY; EXEMPTIONS. (a) Except as otherwise specifically provided by this chapter, this chapter does not apply to transactions involving:
(1)iicredit life insurance;
(2)iigroup life insurance or group annuities for which there is no direct solicitation of individuals by an agent;
(3)iigroup life insurance and annuities used to fund prepaid funeral benefits contracts, as defined by Chapter 154, Finance Code;
(4)iian application to:
(A)iiexercise a contractual change or a conversion privilege made to the insurer that issued the existing policy or contract;
5994 80th LEGISLATURE — REGULAR SESSION
(B)iireplace an existing policy or contract by the insurer that issued the existing policy or contract under a program filed with and approved by the commissioner; or
(C)iiexercise a term conversion privilege among corporate affiliates;
(5)iilife insurance proposed to replace life insurance under a binding or conditional receipt issued by the same insurer;
(6)iia policy or contract used to fund:
(A)iian employee pension benefit plan or employee welfare benefit plan that is covered by the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.);
(B)iia plan described by Section 401(a), 401(k), or 403(b), Internal Revenue Code of 1986, if established or maintained by an employer;
(C)iia government or church plan, as defined by Section 414, Internal Revenue Code of 1986, a government or church welfare benefit plan, or a deferred compensation plan of a state or local government or tax exempt organization described under Section 457, Internal Revenue Code of 1986; or
(D)iia nonqualified deferred compensation arrangement established or maintained by an employer or plan sponsor;
(7)iinew coverage provided under a life insurance policy or contract if the cost is borne wholly by the insured's employer or by an association of which the insured is a member;
(8)iian existing life insurance policy that is a nonconvertible term life insurance policy scheduled to expire in five years or less and that cannot be renewed;
(9)iiimmediate annuities purchased with proceeds from an existing contract; or
(10)iistructured settlements.
(b)iiNotwithstanding Subsection (a)(6), this chapter applies to policies or contracts used to fund any plan or arrangement that is funded solely by contributions an employee elects to make, whether on a pre-tax or after-tax basis, if:
(1)iithe insurer has been notified that plan participants may choose from among two or more insurers; and
(2)iithere is a direct solicitation of an individual employee by an insurance agent for the purchase of a contract or policy.
(c)iiGroup life insurance or group annuity certificates marketed through direct response solicitation are subject to Section 1114.055.
(d)iiNotwithstanding Subsection (a)(9), immediate annuities purchased with proceeds from an existing policy are not exempted from the requirements of this chapter.
(e)iiFor the purpose of Subsections (a), (b), and (c), "direct solicitation" does not include a group meeting held by an insurance agent solely for the purpose of:
(1)iieducating or enrolling individuals; or
(2)iiif initiated by an individual member of the group, assisting with the selection of investment options offered by a single insurer in connection with enrolling that individual.
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Sec.i1114.005.iiFINANCED PURCHASE. (a) If a withdrawal, surrender, or borrowing involving the policy values of an existing policy is used to pay premiums on a new policy that is owned by the same policyholder and is issued by the same insurer not earlier than four months before the effective date of the new policy or 13 months after the effective date of the new policy, it is deemed prima facie evidence of the policyholder's intent to finance the purchase of the new policy with existing policy values.
(b)iiSubsection (a) applies only to regulatory review of an individual transaction.
(c)iiThe prima facie standard under Subsection (a) is not intended to increase or decrease the monitoring obligations contained in Section 1114.052(g).
Sec.i1114.006.iiCONSUMER NOTICE DOCUMENTS. (a) The commissioner by rule shall adopt or approve model documents to be used for consumer notices under this chapter.
(b)iiThe department may develop model documents under this section, or the commissioner may approve model documents developed by insurers or published by national organizations recognized by the commissioner.
Sec.i1114.007.iiRULES. The commissioner may adopt reasonable rules in the manner prescribed by Subchapter A, Chapter 36, to accomplish and enforce the purpose of this chapter.
[Sections 1114.008-1114.050 reserved for expansion]
SUBCHAPTER B. DUTIES OF INSURERS AND AGENTS
Sec.i1114.051.iiDUTIES OF AGENT; NOTICE. (a) An agent who initiates an application for a life insurance policy or annuity contract shall submit to the insurer, with or as part of the application, a statement signed by both the applicant and the agent as to whether the applicant has existing policies or contracts.
(b)iiIf the applicant states that the applicant does not have existing policies or contracts, the agent's duties, after compliance with Subsection (a), with respect to replacement are complete.
(c)iiIf the applicant states that the applicant does have existing policies or contracts, the agent shall present and read to the applicant, not later than at the time of taking the application, a notice regarding replacements as provided by Subsection (d).
(d)iiExcept as provided by Subsection (e), the notice required by this section must be given in a form adopted or approved by the commissioner. The notice shall be signed by both the applicant and the agent attesting that the notice has been read aloud by the agent or that the applicant did not wish the notice to be read aloud, in which case the agent is not required to read the notice aloud. The notice must be left with the applicant unless it is presented to the applicant by electronic means and signed electronically, in which case the insurer shall mail the applicant a copy of the notice not later than the third business day after the date the application is received by the insurer. The notice must list all life insurance policies or annuities proposed to be replaced, properly identified by the name of the insurer, the name of the insured or annuitant, and the policy or contract number if available, and include a statement as to whether each policy or contract will be replaced or whether a policy will be used as a source of financing
5996 80th LEGISLATURE — REGULAR SESSION
(e)iiCommissioner approval of a notice is not required if a notice adopted or approved by the commissioner is used and amendments to that notice are limited to the omission of references not applicable to the product being sold or replaced.
(f)iiIn connection with a replacement transaction, the agent shall leave with the applicant, at the time an application for a new policy or contract is completed, the original of all sales material or a copy of that material. Electronically presented sales material must be provided to the policy or contract owner in printed form not later than the date that the policy or contract is delivered.
(g)iiExcept as provided by Section 1114.053(g), in connection with a replacement transaction, the agent shall submit to the insurer to which an application for a policy or contract is presented:
(1)iia copy of each document required by this section;
(2)iia statement identifying any preprinted or electronically presented insurer-approved sales materials used; and
(3)iicopies of any individualized sales materials, including any illustrations related to the specific policy or contract purchased.
Sec.i1114.052.iiDUTIES OF INSURERS THAT USE AGENTS. (a) An insurer that uses an agent shall comply with this section.
(b)iiEach insurer shall maintain a system of supervision and control to ensure compliance with the requirements of this chapter. Under the system, the insurer must, at minimum:
(1)iiinform its agents of the requirements of this chapter and incorporate the requirements of this chapter into all relevant agent training manuals prepared by the insurer;
(2)iiprovide each agent a written statement of the insurer's position with respect to the acceptability of replacements and provide guidance to the agent as to the appropriateness of these transactions;
(3)iireview the appropriateness of each replacement transaction that the agent does not indicate is in accord with Subdivision (2);
(4)iiimplement procedures to confirm that the requirements of this chapter have been met; and
(5)iiimplement procedures to detect transactions that are replacements of existing policies or contracts by the existing insurer but that have not been reported as such by the applicant or agent.
(c)iiCompliance with Subsection (b)(5) may include systematic customer surveys, interviews, confirmation letters, or programs of internal monitoring.
(d)iiEach insurer must have the capacity to monitor each agent's life insurance policy and annuity contract replacements for that insurer. The insurer shall maintain records regarding the monitoring and shall produce and make the records available to the department on request. The capacity to monitor under this subsection must include the ability to produce records for:
(1)iieach agent's life insurance replacements, including financed purchases, as a percentage of the agent's total annual sales for life insurance;
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(2)iithe number of lapses of policies by the agent as a percentage of the agent's total annual sales for life insurance;
(3)iieach agent's annuity contract replacements as a percentage of the agent's total annual annuity contract sales;
(4)iithe number of transactions that are unreported replacements of existing policies or contracts by the existing insurer detected by the insurer's monitoring system as required by Subsection (b)(5); and
(5)iireplacements, indexed by replacing agent and existing insurer.
(e)iiEach insurer shall require, with or as a part of each application for life insurance or an annuity, a signed statement by both the applicant and the agent as to whether the applicant has existing policies or contracts.
(f)iiEach insurer shall require, with each application for life insurance or an annuity that indicates an existing policy or contract, a completed notice regarding replacements.
(g)iiIf the applicant has existing policies or contracts, each insurer must be able to produce, for at least five years after the date of termination or expiration of the proposed policy or contract, copies of any sales material required by Section 1114.051(g), the basic illustration and any supplemental illustrations related to the specific policy or contract that is purchased, and the agent's and applicant's signed statements with respect to financing and replacement.
(h)iiThe insurer shall ascertain that the sales material and illustrations required by Section 1114.051(g) meet the requirements of this chapter and are complete and accurate for the proposed policy or contract.
(i)iiIf an application does not meet the requirements of this chapter, the insurer shall notify the agent and applicant and fulfill the outstanding requirements.
(j)iiThe insurer shall maintain records required by this section in paper, photographic, microprocess, magnetic, mechanical, or electronic media or by any process that accurately reproduces the actual document.
Sec.i1114.053.iiDUTIES OF REPLACING INSURERS THAT USE AGENTS. (a) If a transaction under this chapter involves a replacement, the replacing insurer shall comply with this section.
(b)iiThe replacing insurer shall verify that the required forms are received and are in compliance with this chapter.
(c)iiThe replacing insurer shall:
(1)iinotify any existing insurer that may be affected by the proposed replacement not later than the fifth business day after:
(A)iithe date of receipt of a completed application indicating replacement; or
(B)iithe date that replacement is identified if it is not indicated on the application; and
(2)iimail a copy of the available illustration or policy summary for the proposed policy or available disclosure document for the proposed contract to the existing insurer not later than the fifth business day after the date of a request from the existing insurer.
5998 80th LEGISLATURE — REGULAR SESSION
(d)iiThe replacing insurer must be able to produce copies of the notification regarding replacement required by Section 1114.051(d), indexed by agent, until the later of:
(1)iithe fifth anniversary of the date of the notification; or
(2)iithe date of the replacing insurer's next regular examination by the insurance regulatory authority of the insurer's state of domicile.
(e)iiThe replacing insurer shall provide to the policy or contract owner notice of the owner's right to return the policy or contract within 30 days of the delivery of the policy or contract and to receive an unconditional full refund of all premiums or considerations paid on the policy or contract, including any policy fees or charges or, in the case of a variable or market value adjustment policy or contract, a payment of the cash surrender value provided under the policy or contract plus the fees and other charges deducted from the gross premiums or considerations or imposed under the policy or contract. The notice may be combined with other notices required under this chapter in accordance with rules of the commissioner.
(f)iiIn transactions in which the replacing insurer and the existing insurer are the same or are subsidiaries or affiliates under common ownership or control, the replacing insurer shall allow credit for the period that has elapsed under the replaced policy's or contract's incontestability and suicide period up to the face amount of the existing policy or contract. With regard to financed purchases, the credit may be limited to the amount that the face amount of the existing policy is reduced by the use of existing policy values to fund the new policy or contract.
(g)iiIf an insurer prohibits the use of sales material other than that approved by the insurer, as an alternative to the requirements under Section 1114.051(g), the insurer shall:
(1)iirequire with each application a statement signed by the agent that:
(A)iirepresents that the agent used only insurer-approved sales material; and
(B)iistates that copies of all sales material were left with the applicant in accordance with Section 1114.051(f);
(2)iinot later than the 10th day after the date of issuance of the policy or contract:
(A)iinotify the applicant by sending a letter, or by verbal communication with the applicant by a person whose duties are separate from the marketing area of the insurer, that the agent has represented that copies of all sales material have been left with the applicant in accordance with Section 1114.051(f);
(B)iiprovide the applicant with a toll-free telephone number to contact the insurer's personnel involved in the compliance function if copies of all sales material have not been left with the applicant in accordance with Section 1114.051(f); and
(C)iistress the importance of retaining copies of the sales material for future reference; and
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(3)iibe able to produce a copy of the letter or other verification in the policy file until the fifth anniversary of the date of termination or expiration of the policy or contract.
Sec.i1114.054.iiDUTIES OF EXISTING INSURER. (a) If a transaction involves a replacement, the existing insurer shall comply with this section.
(b)iiThe existing insurer shall retain and be able to produce all replacement notifications received, indexed by the replacing insurer, until the later of:
(1)iithe fifth anniversary of the date of receipt of the notification; or
(2)iithe date of conclusion of the next regular examination conducted by the insurance regulatory authority of the existing insurer's state of domicile.
(c)iiThe existing insurer shall send a letter to the policy or contract owner regarding the owner's right to receive information regarding the existing policy or contract values. The letter must include, if available, an in force illustration or, if an in force illustration cannot be produced not later than the fifth business day after the date of receipt of a notice that an existing policy or contract is being replaced, a policy summary. The information must be provided not later than the fifth business day after the date of receipt of the request from the policy or contract owner.
(d)iiOn receipt of a request to borrow, surrender, or withdraw any policy values, the existing insurer shall send a notice advising the policy owner that the release of policy values may affect the guaranteed elements, nonguaranteed elements, face amount, or surrender value of the policy from which the values are released. The notice must be sent separately from the payment if the payment is sent to any person other than the policy owner. In the case of consecutive automatic premium loans, the insurer is only required to send the notice at the time of the first loan.
Sec.i1114.055.iiDUTIES OF INSURERS REGARDING DIRECT RESPONSE SOLICITATIONS. (a) In the case of an application initiated as a result of a direct response solicitation, the insurer shall require submission of a statement asking whether the applicant, by applying for the proposed policy or contract, intends to replace, discontinue, or change an existing policy or contract. The statement may be included with, or submitted as part of, each completed application for a policy or contract. If the applicant indicates a replacement or change is not intended or if the applicant fails to respond to the statement, the insurer shall send the applicant, with the policy or contract, a notice, in a form adopted or approved by the commissioner, regarding replacement.
(b)iiIf the insurer has proposed the replacement or if the applicant indicates a replacement is intended and the insurer continues with the replacement, the insurer shall:
(1)iiprovide to the applicant or prospective applicant, with the policy or contract, a notice adopted or approved by the commissioner; and
(2)iicomply with the requirements of:
(A)iiSection 1114.053(c), if the applicant furnishes the names of the existing insurers; and
(B)iiSections 1114.053(d), (e), and (f).
6000 80th LEGISLATURE — REGULAR SESSION
(c)iiIn a situation described by Subsection (b)(1), the insurer may use a notice that deletes references to the agent, including the agent's signature, and references not applicable to the product being sold or replaced, without having to obtain prior approval of the notice from the commissioner. The insurer's obligation to obtain the applicant's signature is satisfied if the insurer can demonstrate that the insurer has made a diligent effort to secure a signed copy of the notice. The requirement to make a diligent effort is deemed satisfied if the insurer includes in the mailing a self-addressed postage prepaid envelope with instructions for the return of the signed notice.
Sec.i1114.056.iiREGISTERED CONTRACTS. A registered contract is exempt from the requirements of Sections 1114.053(c) and 1114.054(c) with respect to the provision of illustrations or policy summaries, but must provide instead premium or contract contribution amounts and identification of the appropriate prospectus or offering circular.
[Sections 1114.057-1114.100 reserved for expansion]
SUBCHAPTER C. ENFORCEMENT
Sec.i1114.101.iiUNFAIR METHOD OF COMPETITION; SANCTIONS AND PENALTIES. (a) A failure by an insurer or agent to comply with this chapter constitutes a violation of Chapter 541 and is subject to sanctions and penalties as provided by that chapter. For purposes of this section, examples of violations include:
(1)iideceptive or misleading information set forth in any sales material;
(2)iifailing to ask the applicant in completing the application the pertinent questions regarding the possibility of financing or replacement;
(3)iiintentionally recording an answer incorrectly;
(4)iiadvising an applicant to respond negatively to any question regarding replacement in order to prevent notice to the existing insurer; or
(5)iiadvising a policy or contract owner to contact the insurer directly in such a way as to attempt to obscure the identity of the replacing agent or insurer.
(b)iiA policy or contract owner has the right to replace an existing life insurance policy or annuity contract after indicating in or as a part of applications for new coverage that replacement is not the intention. However, patterns of that action by policy or contract owners of the same agent shall be deemed prima facie evidence of the agent's knowledge that replacement was intended in connection with the identified transactions, and those patterns of action shall be deemed prima facie evidence of the agent's intent to violate this chapter.
(c)iiIf it is determined that the requirements of this chapter have not been met, the replacing insurer shall provide to the policy owner:
(1)iian in force illustration or, if an in force illustration is not available, a policy summary for the replacement policy or an available disclosure document for the replacement contract; and
(2)iithe appropriate notice regarding replacements.
Sec.i1114.102.iiADDITIONAL SANCTIONS. (a) In addition to sanctions and penalties under Chapter 541 as provided by Section 1114.101, an insurer or agent that violates this chapter is subject to sanctions as provided by Chapter 82, which may include:
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(1)iithe revocation or suspension of the agent's license or the insurer's certificate of authority;
(2)iiadministrative penalties under Chapter 84; and
(3)iiforfeiture of any commissions or other compensation paid to an agent as a result of the transaction in connection with which the violations occurred.
(b)iiIn addition, if the commissioner has determined that the violations of this chapter were material to the sale, the insurer may be required to:
(1)iimake restitution in the manner provided by Section 82.053;
(2)iirestore policy or contract values; and
(3)iipay interest at the rate set by Section 84.050 on the amount refunded in cash.
SECTIONi2.iiThe commissioner of insurance shall adopt rules and adopt or approve model documents as necessary to implement Chapter 1114, Insurance Code, as added by this Act, not later than December 1, 2007.
SECTIONi3.iiThis Act applies only to replacement of an insurance policy or annuity contract on or after January 1, 2008. Replacement of a policy or annuity contract before January 1, 2008, is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.
SECTIONi4.iiThis Act takes effect September 1, 2007.
HB 3101 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Anchia called up with senate amendments for consideration at this time,
HB 3101, A bill to be entitled An Act relating to a residential tenant's rights and remedies.
Representative Anchia moved to concur in the senate amendments to HBi3101.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1766): 124 Yeas, 12 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Creighton; Crownover; Davis, J.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hardcastle; Harless; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, S.; King, T.; Kolkhorst; Krusee; Latham; Laubenberg; Leibowitz; Lucio; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McReynolds; Menendez; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; Olivo; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Pickett; Pierson; Pitts; Puente;
6002 80th LEGISLATURE — REGULAR SESSION
Nays — Aycock; Brown, B.; Christian; Crabb; Flynn; Harper-Brown; Kuempel; Macias; Merritt; O'Day; Phillips; Riddle.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Absent — Darby; Davis, Y.; Flores; Garcia; Hamilton; Hancock; King, P.; McClendon; Moreno; Oliveira; Orr.
STATEMENTS OF VOTE
When Record No. 1766 was taken, I was in the house but away from my desk. I would have voted no.
Darby
I was shown voting yes on Record No. 1766. I intended to vote no.
Geren
I was shown voting yes on Record No. 1766. I intended to vote no.
Kolkhorst
I was shown voting yes on Record No. 1766. I intended to vote no.
Talton
I was shown voting yes on Record No. 1766. I intended to vote no.
Truitt
Senate Committee Substitute
CSHB 3101, A bill to be entitled An Act relating to a residential tenant's rights and remedies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 92.0081, Property Code, is amended by amending Subsections (b), (d), and (h) and adding Subsections (e-1), (k), and (l) to read as follows:
(b)iiA landlord may not intentionally prevent a tenant from entering the leased premises except by judicial process unless the exclusion results from:
(1)iibona fide repairs, construction, or an emergency;
(2)iiremoving the contents of premises abandoned by a tenant; or
(3)iichanging the door locks on the door to the tenant's individual unit of a tenant who is delinquent in paying at least part of the rent.
(d)iiA landlord may not intentionally prevent a tenant from entering the leased premises under Subsection (b)(3) unless:
(1)iithe landlord's right to change the locks because of a tenant's failure to timely pay rent is placed in the lease;
(2)iithe tenant is delinquent in paying all or part of the rent; and
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(3)i[(2)]iithe landlord has locally mailed not later than the fifth calendar
day before the date on which the door locks are changed or hand-delivered to the
tenant or posted on the inside of the main entry door of the tenant's dwelling not
later than the third calendar day before the date on which the door locks are
changed a written notice stating:
(A)iithe earliest date that the landlord proposes to change the door locks;
(B)iithe amount of rent the tenant must pay to prevent changing of
the door locks; [and]
(C)iithe name and street address of the individual to whom, or the location of the on-site management office at which, the delinquent rent may be discussed or paid during the landlord's normal business hours; and
(D)iiin underlined or bold print, the tenant's right to receive a key to the new lock at any hour, regardless of whether the tenant pays the delinquent rent.
(e-1)iiA landlord who changes the locks or otherwise prevents a tenant from entering the tenant's individual rental unit may not change the locks or otherwise prevent a tenant from entering a common area of residential rental property.
(h)iiIf a landlord violates this section, the tenant may:
(1)iieither recover possession of the premises or terminate the lease; and
(2)iirecover from the landlord a civil penalty of one month's rent plus
$1,000 [$500], actual damages, court costs, and reasonable attorney's fees in an
action to recover property damages, actual expenses, or civil penalties, less any
delinquent rent or other sums for which the tenant is liable to the landlord.
(k)iiA landlord may not change the locks on the door of a tenant's dwelling under Subsection (b)(3):
(1)iiwhen the tenant or any other legal occupant is in the dwelling; or
(2)iimore than once during a rental payment period.
(l)iiThis section does not affect the ability of a landlord to pursue other available remedies, including the remedies provided by Chapter 24.
SECTIONi2.iiSection 92.0131, Property Code, is amended by adding Subsection (c-1) to read as follows:
(c-1)iiAs a precondition for allowing a tenant to park in a specific parking space or a common parking area that the landlord has made available for tenant use, the landlord may require a tenant to provide only the make, model, color, year, license number, and state of registration of the vehicle to be parked.
SECTIONi3.iiSubchapter A, Chapter 92, Property Code, is amended by adding Section 92.019 to read as follows:
Sec.i92.019.iiLATE PAYMENT OF RENT; FEES. (a) A landlord may not charge a tenant a late fee for failing to pay rent unless:
(1)iinotice of the fee is included in a written lease;
(2)iithe fee is a reasonable estimate of uncertain damages to the landlord that are incapable of precise calculation and result from late payment of rent; and
(3)iithe rent remains unpaid after the second day after the date the rent was originally due.
6004 80th LEGISLATURE — REGULAR SESSION
(b)iiA late fee under this section may include an initial fee and a daily fee for each day the rent continues to remain unpaid.
(c)iiA landlord who violates this section is liable to the tenant for an amount equal to the sum of $100, three times the amount of the late fee charged in violation of this section, and the tenant's reasonable attorney's fees.
(d)iiA provision of a lease that purports to waive a right or exempt a party from a liability or duty under this section is void.
(e)iiThis section relates only to a fee, charge, or other sum of money required to be paid under the lease if rent is not paid as provided by Subsection (a)(3), and does not affect the landlord's right to terminate the lease or take other action permitted by the lease or other law. Payment of the fee, charge, or other sum of money by a tenant does not waive the right or remedies provided by this section.
SECTIONi4.iiSubchapter A, Chapter 92, Property Code, is amended by adding Section 92.020 to read as follows:
Sec.i92.020.iiEMERGENCY PHONE NUMBER. (a) A landlord that has an on-site management or superintendent's office for a residential rental property must provide to a tenant a telephone number that will be answered 24 hours a day for the purpose of reporting emergencies related to a condition of the leased premises that materially affects the physical health or safety of an ordinary tenant.
(b)iiThe landlord must post the phone number required by Subsection (a) prominently outside the management or superintendent's office.
(c)iiThis section does not apply to or affect a local ordinance governing a landlord's obligation to provide a 24-hour emergency contact number to a tenant that is adopted before January 1, 2008, if the ordinance conforms with or is amended to conform with this section.
(d)iiA landlord to whom Subsection (a) does not apply must provide to a tenant a telephone number for the purpose of reporting emergencies described by that subsection.
SECTIONi5.iiSection 92.056, Property Code, is amended by adding Subsection (g) to read as follows:
(g)iiA lease must contain language in underlined or bold print that informs the tenant of the remedies available under this section and Section 92.0561.
SECTIONi6.iiThe heading to Subchapter I, Chapter 92, Property Code, is amended to read as follows:
SUBCHAPTER I. RENTAL APPLICATION [DEPOSITS]
SECTIONi7.iiSection 92.351, Property Code, is amended by adding Subdivisions (1-a) and (5-a) to read as follows:
(1-a)ii"Application fee" means a nonrefundable sum of money that is given to the landlord to offset the costs of screening an applicant for acceptance as a tenant.
(5-a)ii"Rental application" means a written request made by an applicant to a landlord to lease premises from the landlord.
SECTIONi8.iiSubchapter I, Chapter 92, Property Code, is amended by adding Section 92.3515 to read as follows:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6005
Sec.i92.3515.iiNOTICE OF ELIGIBILITY REQUIREMENTS. (a) At the time an applicant is provided with a rental application, the landlord shall make available to the applicant printed notice of the landlord's tenant selection criteria and the grounds for which the rental application may be denied, including the applicant's:
(1)iicriminal history;
(2)iiprevious rental history;
(3)iicurrent income;
(4)iicredit history; or
(5)iifailure to provide accurate or complete information on the application form.
(b)iiIf the landlord makes the notice available under Subsection (a), the applicant shall sign an acknowledgment indicating the notice was made available. If the acknowledgment is not signed, there is a rebuttable presumption that the notice was not made available to the applicant.
(c)iiThe acknowledgment required by Subsection (b) must include a statement substantively equivalent to the following: "Signing this acknowledgment indicates that you have had the opportunity to review the landlord's tenant selection criteria. The tenant selection criteria may include factors such as criminal history, credit history, current income, and rental history. If you do not meet the selection criteria, or if you provide inaccurate or incomplete information, your application may be rejected and your application fee will not be refunded."
(d)iiThe acknowledgment may be part of the rental application if the notice is underlined or in bold print.
(e)iiIf the landlord rejects an applicant and the landlord has not made the notice required by Subsection (a) available, the landlord shall return the application fee and any application deposit.
(f)iiIf an applicant requests a landlord to mail a refund of the applicant's application fee to the applicant, the landlord shall mail the refund check to the applicant at the address furnished by the applicant.
SECTIONi9.iiSection 92.354, Property Code, is amended to read as follows:
Sec.i92.354.iiLIABILITY OF LANDLORD. A landlord who in bad faith
fails to refund an application fee or deposit in violation of this subchapter is liable
for an amount equal to the sum of $100, three times the amount wrongfully
retained [of the application deposit], and the applicant's reasonable attorney's fees
[in a suit to recover the deposit].
SECTIONi10.iiSubchapter I, Chapter 92, Property Code, is amended by adding Section 92.355 to read as follows:
Sec.i92.355.iiWAIVER. A provision of a rental application that purports to waive a right or exempt a party from a liability or duty under this subchapter is void.
SECTIONi11.iiThis Act applies only to a lease agreement or a renewal of a lease agreement entered into, or a rental application received by an applicant, on or after the effective date of this Act. A lease agreement or a renewal of a lease agreement entered into, or a rental application received by an applicant, before
6006 80th LEGISLATURE — REGULAR SESSION
SECTIONi12.iiThis Act takes effect January 1, 2008.
(Taylor in the chair)
HB 3184 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Coleman called up with senate amendments for consideration at this time,
HB 3184, A bill to be entitled An Act relating to educating parents about the benefits of immunizing certain children against influenza.
Representative Coleman moved to concur in the senate amendments to HBi3184.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1767): 135 Yeas, 1 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; Escobar; Farabee; Farias; Farrar; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Pickett; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Nays — Harper-Brown.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent — Bonnen; Darby; Davis, J.; England; Flores; Moreno; Noriega; Oliveira; Phillips; Pierson.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6007
STATEMENT OF VOTE
I was shown voting yes on Record No. 1767. I intended to vote no.
Harless
Senate Committee Substitute
CSHB 3184, A bill to be entitled An Act relating to educating parents about the benefits of immunizing certain children against influenza.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 161.0101, Health and Safety Code, is amended by adding Subsection (c) to read as follows:
(c)iiThe department shall work to increase immunization awareness and participation among parents of children in child-care facilities, as defined by Section 42.002, Human Resources Code, in the state's early childhood vaccination program by publishing on the department's website information about the benefits of annual immunization against influenza for children aged six months to five years. The department shall work with the Department of Family and Protective Services and with child-care facilities to ensure that the information is annually distributed to parents in August or September.
SECTIONi2.iiSubchapter E, Chapter 431, Health and Safety Code, is amended by adding Section 431.117 to read as follows:
Sec.i431.117.iiPRIORITY FOR HEALTH CARE PROVIDERS IN DISTRIBUTION OF INFLUENZA VACCINE. The executive commissioner of the Health and Human Services Commission shall study the wholesale distribution of influenza vaccine in this state to determine the feasibility of implementing a system that requires giving a priority in filling orders for influenza vaccine to physicians and other licensed health care providers authorized to administer influenza vaccine over retail establishments. The executive commissioner may implement such a system if it is determined to be feasible.
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, 2007.
HB 3190 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Giddings called up with senate amendments for consideration at this time,
HB 3190, A bill to be entitled An Act relating to minimum standards for school bus operators.
Representative Giddings moved to concur in the senate amendments to HBi3190.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1768): 138 Yeas, 0 Nays, 2 Present, not voting.
6008 80th LEGISLATURE — REGULAR SESSION
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Brown, B.; Brown, F.; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Straus; Swinford; Talton; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent — Bonnen; Burnam; Eissler; Moreno; O'Day; Oliveira; Paxton; Strama.
STATEMENT OF VOTE
When Record No. 1768 was taken, I was in the house but away from my desk. I would have voted yes.
Strama
Senate Committee Substitute
CSHB 3190, A bill to be entitled An Act relating to school bus safety; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 521.022(d), Transportation Code, is amended to read as follows:
(d)iiA person may not operate a school bus for the transportation of students unless the person's driving record is acceptable according to minimum standards adopted by the department. A check of the person's driving record shall be made with the department annually. The minimum standards adopted by the department must provide that a person's driving record is not acceptable if the person has been convicted of an offense under Section 49.04, 49.045, 49.07, or 49.08, Penal Code, within the 10-year period preceding the date of the check of the person's driving record.
SECTIONi2.iiSection 541.201, Transportation Code, is amended by adding Subdivision (11-a) and amending Subdivision (15) to read as follows:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6009
(11-a)ii"Multifunction school activity bus" means a motor vehicle that was manufactured in compliance with the federal motor vehicle safety standards for school buses in effect on the date of manufacture other than the standards requiring the bus to display alternately flashing red lights and to be equipped with movable stop arms, and that is used to transport preprimary, primary, or secondary students on a school-related activity trip other than on routes to and from school. The term does not include a school bus, a school activity bus, a school-chartered bus, or a bus operated by a mass transit authority.
(15)ii"School activity bus" means a bus designed to accommodate more
than 15 passengers, including the operator, that is owned, operated, rented, or
leased by a school district, county school, open-enrollment charter school,
regional education service center, or shared services arrangement and that is used
to transport public school students on a school-related activity trip, other than on
routes to and from school. The term does not include a chartered bus, a bus
operated by a mass transit authority, [or] a school bus, or a multifunction school
activity bus.
SECTIONi3.iiSection 545.001, Transportation Code, is amended to read as follows:
Sec.i545.001.iiDEFINITIONS [DEFINITION]. In this chapter:
(1)ii"Pass" [, "pass"] or "passing" used in reference to a vehicle means
to overtake and proceed past another vehicle moving in the same direction as the
passing vehicle or to attempt that maneuver.
(2)ii"School bus" includes a multifunction school activity bus.
SECTIONi4.iiSection 545.413(a), Transportation Code, is amended to read as follows:
(a)iiA person commits an offense if:
(1)iithe person:
(A)i[(1)]iiis at least 15 years of age;
(B)i[(2)]iiis riding in the front seat of a passenger vehicle while the
vehicle is being operated;
(C)i[(3)]iiis occupying a seat that is equipped with a safety belt; and
(D)i[(4)]iiis not secured by a safety belt; or
(2)iias the operator of a school bus equipped with a safety belt for the operator's seat, the person is not secured by the safety belt.
SECTIONi5.iiSubchapter I, Chapter 545, Transportation Code, is amended by adding Section 545.426 to read as follows:
Sec.i545.426.iiOPERATION OF SCHOOL BUS. (a)iiA person may not operate a school bus if:
(1)iithe door of the school bus is open; or
(2)iithe number of passengers on the bus is greater than the manufacturer's design capacity for the bus.
(b)iiAn operator of a school bus, while operating the bus, shall prohibit a passenger from:
(1)iistanding in the bus; or
(2)iisitting:
(A)iion the floor of the bus; or
6010 80th LEGISLATURE — REGULAR SESSION
(B)iiin any location on the bus that is not designed as a seat.
(c)iiThe department may adopt rules necessary to administer and enforce this section.
SECTIONi6.iiSubchapter L, Chapter 547, Transportation Code, is amended by adding Section 547.7012 to read as follows:
Sec.i547.7012.iiREQUIREMENTS FOR MULTIFUNCTION SCHOOL ACTIVITY BUSES. A multifunction school activity bus may not be painted National School Bus Glossy Yellow.
SECTIONi7.iiChapter 34, Education Code, is amended by adding Section 34.0021 to read as follows:
Sec.i34.0021.iiSCHOOL BUS EMERGENCY EVACUATION TRAINING. (a) Pursuant to the safety standards established by the Department of Public Safety under Section 34.002, each school district shall conduct a training session for students and teachers concerning procedures for evacuating a school bus during an emergency.
(b)iiA school district shall conduct the school bus emergency evacuation training at least twice each school year, with one training session occurring in the fall and one training session occurring in the spring. A portion of the training session must occur on a school bus and the training session must last for at least one hour.
(c)iiThe school bus emergency evacuation training must be based on the recommendations of the most recent edition of the National School Transportation Specifications and Procedures, as adopted by the National Congress on School Transportation, or a similar school transportation safety manual.
(d)iiNot later than the 30th day after the date that a school district completes a training session, the district shall provide the Department of Public Safety with a record certifying the district's completion of the training.
(e)iiThe Department of Public Safety may adopt rules necessary to implement this section.
SECTIONi8.iiThe change in law made by this Act by adding Section 34.0021, Education Code, applies beginning with the 2007-2008 school year.
SECTIONi9.iiThis Act takes effect September 1, 2007.
HB 3426 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Flynn called up with senate amendments for consideration at this time,
HB 3426, A bill to be entitled An Act relating to the continuation and functions of the Texas Veterans Commission and to certain veterans issues.
Representative Flynn moved to concur in the senate amendments to HBi3426.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1769): 141 Yeas, 0 Nays, 2 Present, not voting.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6011
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Callegari; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent — Burnam; Castro; Moreno; Noriega; Oliveira.
STATEMENT OF VOTE
When Record No. 1769 was taken, I was in the house but away from my desk. I would have voted yes.
Castro
Senate Committee Substitute
CSHB 3426, A bill to be entitled An Act relating to the continuation and functions of the Texas Veterans Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 434.002(a), Government Code, is amended to read as follows:
(a)iiThe Texas Veterans Commission is subject to Chapter 325 (Texas Sunset
Act). Unless continued in existence as provided by that chapter, the commission
is abolished September 1, 2013 [2007].
SECTIONi2.iiSection 434.003, Government Code, is amended by amending Subsection (a) and adding Subsection (e) to read as follows:
(a)iiThe commission is composed of five members appointed by the
governor with the advice and consent of the senate. The governor shall make
each appointment without regard to the race, color, disability [creed], sex,
religion, age, or national origin of the appointee.
(e)iiA person may not be a member of the commission if the person or the person's spouse:
6012 80th LEGISLATURE — REGULAR SESSION
(1)iiis employed by or participates in the management of a business entity or other organization, other than a veterans service organization, receiving money from the commission; or
(2)iiowns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization receiving money from the commission.
SECTIONi3.iiSection 434.004, Government Code, is amended to read as follows:
Sec.i434.004.iiCONFLICT OF INTEREST. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)iiA person may not be a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1)iithe person is an officer, employee, or paid consultant of a Texas or national veterans service organization or a Texas trade association in the field of labor, workforce development, or career schools and colleges; or
(2)iithe person's spouse is an officer, manager, or paid consultant of a Texas or national veterans service organization or a Texas trade association in the field of labor, workforce development, or career schools and colleges.
(c)iiA person may not serve as a member of the commission if:
(1)iithe person is an officer, employee, or paid consultant of a Texas trade association in the field of labor, workforce development, or career schools and colleges; or
(2)iithe person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of labor, workforce development, or career schools and colleges.
(d)iiA person required to register as a lobbyist under Chapter 305 because of activities on behalf of a veterans association may not serve as a member of or as general counsel to the commission.
SECTIONi4.iiSection 434.005, Government Code, is amended to read as follows:
Sec.i434.005.iiREMOVAL. (a) It is a ground for removal from the commission if a member:
(1)iidoes [did] not have at the time of taking office [when appointed], or
does not maintain during the service on the commission, the qualifications
required by Section 434.003 for appointment to the commission;
(2)iiviolates a prohibition under Section 434.004; [or]
(3)iifails to attend at least half of the regularly scheduled commission meetings held in a calendar year, excluding meetings held while the person was not a member of the commission without an excuse approved by a majority vote of the commission; or
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6013
(4)iicannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term.
(b)iiThe validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.
(c)iiIf the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the commission of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the commission, who shall then notify the governor and the attorney general that a potential ground for removal exists.
SECTIONi5.iiSection 434.006, Government Code, is amended to read as follows:
Sec.i434.006.iiOFFICERS; COMMISSION ACTIONS. (a) The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor.
(b)iiThe commission annually shall elect from among its members an
assistant presiding officer [a chairman, a vice-chairman,] and a secretary. An
officer shall serve until the officer's successor is appointed and qualified.
(c)i[(b)]iiThe commission shall meet at least once in each three-month
period. No action may be taken by less than a majority of the commission.
SECTIONi6.iiSubchapter A, Chapter 434, Government Code, is amended by adding Section 434.0061 to read as follows:
Sec.i434.0061.iiTRAINING. (a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.
(b)iiThe training program must provide the person with information regarding:
(1)iithe legislation that created the commission;
(2)iithe programs, functions, rules, and budget of the commission;
(3)iithe results of the most recent formal audit of the commission;
(4)iithe requirements of laws relating to open meetings, public information, administrative procedure, and conflicts of interest; and
(5)iiany applicable ethics policies adopted by the commission or the Texas Ethics Commission.
(c)iiA person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
SECTIONi7.iiSubchapter A, Chapter 434, Government Code, is amended by adding Sections 434.0076 through 434.0078 to read as follows:
6014 80th LEGISLATURE — REGULAR SESSION
Sec.i434.0076.iiRECORD OF COMPLAINTS. (a) The commission shall maintain a system to promptly and efficiently act on complaints filed with the commission. The commission shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.
(b)iiThe commission shall make information available describing its procedures for complaint investigation and resolution.
(c)iiThe commission shall periodically notify the complaint parties of the status of the complaint until final disposition.
Sec.i434.0077.iiNEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. (a) The commission shall develop and implement a policy to encourage the use of:
(1)iinegotiated rulemaking procedures under Chapter 2008 for the adoption of commission rules; and
(2)iiappropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the commission's jurisdiction.
(b)iiThe commission's procedures relating to alternative dispute resolution shall conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)iiThe commission shall designate a trained person to:
(1)iicoordinate the implementation of the policy adopted under Subsection (a);
(2)iiserve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)iicollect data concerning the effectiveness of those procedures, as implemented by the commission.
Sec.i434.0078.iiCLAIMS ASSISTANCE SERVICES. (a) The commission shall adopt procedures for administering claims assistance services under Section 434.007(5). The procedures shall include:
(1)iicriteria for determining when a veteran's initial claim is substantially complete and basic eligibility requirements are met as provided by federal law;
(2)iia process for expediting a claim based on hardship, including whether the veteran:
(A)iiis in immediate need;
(B)iiis terminally ill;
(C)iihas a verifiable financial hardship; or
(D)iihas a disability that presents an undue burden;
(3)iia procedure for counseling veterans on the potential merits or drawbacks of pursuing a claim;
(4)iia process to ensure adequate documentation and development of a claim or appeal, including early client involvement, collection of needed evidence and records, and analysis of actions necessary to pursue and support a claim or appeal;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6015
(5)iicriteria for evaluating whether a decision of the United States Department of Veterans Affairs contains sufficient cause for filing an appeal;
(6)iia requirement that a claims counselor report to the United States Department of Veterans Affairs if the counselor has direct knowledge that a claim contains false or deceptive information; and
(7)iia procedure for prioritizing a claim, when appropriate, or providing an alternative source for obtaining claims assistance services when it is not appropriate to prioritize.
(b)iiThe commission shall consult with the United States Department of Veterans Affairs in developing the procedures under Subsection (a) to:
(1)iiensure the services provided by the commission do not unnecessarily duplicate services provided through the United States Department of Veterans Affairs;
(2)iiensure that the procedures will provide for resolving disputes at the lowest level of the United States Department of Veterans Affairs benefit decision process;
(3)iiensure that commission employees are not improperly involved in adjudicating claims; and
(4)iiestablish broad areas of cooperation between the commission and the United States Department of Veterans Affairs to streamline and align the commission's service delivery with United States Department of Veterans Affairs processes, including:
(A)iiidentifying processes to update changes to veterans' cases and power of attorney designation;
(B)iicooperating to expedite hardship cases and appeals; and
(C)iiidentifying opportunities for the United States Department of Veterans Affairs to provide the commission with necessary data to assist with tracking the progress and outcomes of claims.
SECTIONi8.iiSubchapter A, Chapter 434, Government Code, is amended by adding Section 434.0091 to read as follows:
Sec.i434.0091.iiSEPARATION OF POLICYMAKING AND MANAGEMENT RESPONSIBILITIES. The commission shall develop and implement policies that clearly separate the policymaking responsibilities of the commission and the management responsibilities of the executive director and the staff of the commission.
SECTIONi9.iiSection 434.010, Government Code, is amended to read as follows:
Sec.i434.010.iiRULES. (a) The commission may adopt rules that it considers necessary for its administration.
(b)iiThe commission shall adopt procedures for receiving input and recommendations from interested persons regarding the development of rules and policies.
SECTIONi10.iiSubchapter A, Chapter 434, Government Code, is amended by adding Section 434.0101 to read as follows:
6016 80th LEGISLATURE — REGULAR SESSION
Sec.i434.0101.iiADVISORY COMMITTEES. (a) In developing procedures under Section 434.010, the commission may establish and appoint members to an advisory committee to advise and make recommendations to the commission on programs, rules, and policies affecting the delivery of services to veterans.
(b)iiIf the commission establishes an advisory committee under Subsection (a), the commission shall adopt rules regarding:
(1)iithe purpose, role, and goals of the committee;
(2)iithe size and quorum requirements of the committee;
(3)iithe qualifications of the members and the criteria for selecting members;
(4)iithe procedures for appointing members;
(5)iithe terms of service of members;
(6)iithe training requirements of members;
(7)iithe implementation of a needs assessment process to regularly evaluate the continuing need for the committee; and
(8)iia requirement that the committee comply with Chapter 551.
SECTIONi11.iiSubchapter A, Chapter 434, Government Code, is amended by adding Section 434.0151 to read as follows:
Sec.i434.0151.iiPUBLIC PARTICIPATION. The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission.
SECTIONi12.iiSection 434.038, Government Code, is amended by amending Subsections (a) and (d) and adding Subsections (a-1), (e), and (f) to read as follows:
(a)iiAn officer shall, within the time after the date of the officer's
appointment that the commission prescribes, complete a course of initial training
provided by the Texas Veterans Commission. The commission shall issue the
officer a certificate of training after completion of the initial training course. To
maintain certification, the officer shall complete continuing training to the extent
required by the commission [attend at least one commission training conference a
year]. An officer must maintain certification to remain in office.
(a-1)iiThe commission shall develop and implement methods for providing training to officers. The methods may include Internet-based seminars, participation through videoconference, cooperation with training provided by the United States Department of Veterans Affairs, and other methods as appropriate.
(d)iiThe commission shall develop standard course materials, training curriculum, and examinations to be used for county service officer certification and United States Department of Veterans Affairs accreditation. The members of the commission must approve the course materials, training curriculum, and examinations before the commission may distribute the materials and administer examinations.
(e)iiThe commission shall:
(1)iimaintain course materials and examinations in a central location and provide county service offices and commission field staff with access to the course materials on the commission's Internet website;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6017
(2)iiregularly update course materials, training curriculum, and examinations after consulting with:
(A)iithe United States Department of Veterans Affairs to ensure the course materials, training curriculum, and examinations are accurate and meet applicable United States Department of Veterans Affairs requirements; and
(B)iiaccredited county service officers to ensure the materials, training curriculum, and examinations include issues developing at the county level; and
(3)iidevelop a training handbook containing instruction and case studies addressing:
(A)iigeneral assistance techniques, including how to provide general information regarding state and federal benefits and referrals for other services and to other agencies, and general information regarding state and federal benefits;
(B)iibasic counseling approaches for assisting veterans, their family members, and other eligible dependents filing benefit claims;
(C)iibasic information on United States Department of Veterans Affairs processes and procedures, including how to accurately complete claims and appeals forms and how to support claims;
(D)iimethods of collecting required documentation and developing claims and appeals;
(E)iimethods of documenting progress and updating a veteran's, a veteran's family member's, or another eligible dependent's case information;
(F)iimethods of assisting veterans, their family members, or other eligible dependents in pursuing appeals, including offering case knowledge in appeals hearings; and
(G)iimethods of representing veterans, their family members, or other eligible dependents during appeals hearings.
(f)iiThe commission may establish rules to carry out the purposes of this section, including rules regarding carryover of credit for extra course attendance from one year into subsequent years and the anniversary date by which the continuing certification requirement must be met.
SECTIONi13.iiSubchapter B, Chapter 434, Government Code, is amended by adding Section 434.039 to read as follows:
Sec.i434.039.iiCOORDINATION WITH COUNTY SERVICE OFFICERS AND COMMISSIONERS COURTS. The commission shall develop and adopt procedures to coordinate with county service officers and county commissioners courts to:
(1)iiidentify the shared objectives of the commission, county service officers, and counties with a county service office in serving veterans;
(2)iidevelop a plan for encouraging service officers to become accredited by the United States Department of Veterans Affairs;
(3)iidevelop a procedure for consulting with counties to evaluate the state's overall approach to service delivery by county service officers and commission claims staff as part of the state's veterans assistance network;
6018 80th LEGISLATURE — REGULAR SESSION
(4)iidefine the commission's responsibilities in overseeing claims and appeals prepared by county service officers for instances when the commission has been designated as a veteran's agent under a power of attorney;
(5)iidevelop a process for collecting information regarding claims filed by county service officers for instances when the commission has been designated as a veteran's agent under a power of attorney, for providing technical assistance to county service officers, and for providing evaluative information, on request, to county judges or other local officials who supervise county service officers;
(6)iiincorporate county service officers into United States Department of Veterans Affairs appeals hearings either to represent veterans or to appear as witnesses, as needed;
(7)iiexplore opportunities for funding county service officer travel to participate in United States Department of Veterans Affairs appeals hearings; and
(8)iidevelop procedures to regularly update county service officers on changes in United States Department of Veterans Affairs policies and procedures, and other information.
SECTIONi14.iiSubchapter C, Chapter 434, Government Code, is amended by adding Section 434.107 to read as follows:
Sec.i434.107.iiUSE OF TECHNOLOGY. The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions. The policy must ensure that the public is able to interact with the commission on the Internet.
SECTIONi15.iiThe change in law made by Section 434.0061, Government Code, as added by this Act, regarding training for members of the Texas Veterans Commission does not affect the entitlement of a member serving on the commission immediately before September 1, 2007, to continue to serve and function as a member of the commission for the remainder of the member's term. The change in law described by Section 434.0061 applies only to a member appointed or reappointed on or after September 1, 2007.
SECTIONi16.iiNot later than March 1, 2008, the Texas Veterans Commission shall comply with Sections 434.0076, 434.0078, 434.0091, 434.010(b), 434.0151, 434.038(a-1) and (e), 434.039, and 434.107, Government Code, as added by this Act, and with Section 434.038(d), Government Code, as amended by this Act.
SECTIONi17.iiThe Texas Veterans Commission shall:
(1)iicomply with and implement any nonstatutory recommendations regarding the Texas Veterans Commission adopted by the Sunset Advisory Commission as a result of its review of the veterans commission; and
(2)iireport to the Sunset Advisory Commission the information that the sunset commission requires regarding the Texas Veterans Commission's implementation of the sunset commission's nonstatutory recommendations not later than November 1, 2008.
SECTIONi18.ii(a) The changes in law made by this Act in the prohibitions or qualifications applying to a member of the Texas Veterans Commission do not affect the entitlement of a member serving on the Texas Veterans Commission
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6019
(b)iiSection 434.0076, Government Code, as added by this Act, relating to complaints filed with the Texas Veterans Commission applies only to a complaint filed on or after September 1, 2007. A complaint filed with the commission before September 1, 2007, is governed by the law as it existed immediately before that date, and the former law is continued in effect for that purpose.
SECTIONi19.iiThis Act takes effect September 1, 2007.
HB 3440 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Parker called up with senate amendments for consideration at this time,
HB 3440, A bill to be entitled An Act relating to projects that may be undertaken by development corporations for the development, retention, or expansion of certain airport facilities.
Representative Parker moved to concur in the senate amendments to HBi3440.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1770): 143 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent — Bolton; Moreno; Oliveira.
6020 80th LEGISLATURE — REGULAR SESSION
Senate Committee Substitute
CSHB 3440, A bill to be entitled An Act relating to projects that may be undertaken by development corporations for the development, retention, or expansion of certain airport facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 2(11), Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), as amended by Chapters 1, 1048, and 1148, Acts of the 79th Legislature, Regular Session, 2005, is reenacted and amended to read as follows:
(11)ii"Project" shall mean:
(A)iithe land, buildings, equipment, facilities, expenditures, targeted infrastructure, and improvements (one or more) that are for the creation or retention of primary jobs and that are found by the board of directors to be required or suitable for the development, retention, or expansion of manufacturing and industrial facilities, research and development facilities, military facilities, including closed or realigned military bases, transportation facilities (including but not limited to airports, hangars, airport maintenance and repair facilities, air cargo facilities, related infrastructure located on or adjacent to an airport facility, ports, mass commuting facilities, and parking facilities), sewage or solid waste disposal facilities, recycling facilities, air or water pollution control facilities, facilities for the furnishing of water to the general public, distribution centers, small warehouse facilities capable of serving as decentralized storage and distribution centers, primary job training facilities for use by institutions of higher education, and regional or national corporate headquarters facilities;
(B)iijob training required or suitable for the promotion of development and expansion of business enterprises and other enterprises described by this Act, as provided by Section 38 of this Act;
(C)iiexpenditures found by the board of directors to be required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises limited to streets and roads, rail spurs, water and sewer utilities, electric utilities, gas utilities, drainage, site improvements, and related improvements, telecommunications and Internet improvements, and beach remediation along the Gulf of Mexico;
(D)iithe infrastructure, improvements, land acquisition, buildings, or expenditures that:
(i)i[(A)]iiare for the creation or retention of primary jobs or jobs
that are included in North American Industry Classification System (NAICS)
sector number 926120, Regulation and Administration of Transportation
Programs, for the corresponding index entry for Coast Guard (except the Coast
Guard Academy); and
(ii)i[(B)]iiare found by the board of directors to be required or
suitable for:
(a)i[(i)]iipromoting or supporting a military base in active
use to prevent the possible future closure or realignment of the base;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6021
(b)i[(ii)]iiattracting new military missions to a military base
in active use; or
(c)i[(iii)]iiredeveloping a military base that has been closed
or realigned, including a military base closed or realigned according to the
recommendation of the Defense Base Closure and Realignment Commission
under the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. Section
2687 note);
(E)iiland, buildings, equipment, facilities, improvements, and expenditures found by the board of directors to be required or suitable for use for a career center, if the area to be benefited by the career center is not located in the taxing jurisdiction of a junior college district;
(F)iifor a corporation created by a city any part of which is located within 25 miles of an international border, the land, buildings, facilities, infrastructure, and improvements that:
(i)iithe board of directors finds are required or suitable for the development or expansion of airport facilities; or
(ii)iiare undertaken by the corporation if the city that created the corporation has, at the time the project is approved by the corporation as provided by this Act:
(a)iia population of less than 50,000; or
(b)iian average rate of unemployment that is greater than the state average rate of unemployment during the 12-month period for which data is available that immediately precedes the date the project is approved; or
(G)iiexpenditures found by the board of directors to be required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises, including airports, ports, and sewer or solid waste disposal facilities, if the corporation:
(i)iiis created by a city wholly or partly located in a county that is bordered by the Rio Grande, has a population of at least 500,000, and has wholly or partly within its boundaries at least four cities that each have a population of at least 25,000; and
(ii)iidoes not support a project, as defined by this subdivision, with sales and use tax revenue collected under Section 4A or 4B of this Act.
SECTIONi2.iiSection 4B(a)(2), Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to read as follows:
(2)ii"Project" means land, buildings, equipment, facilities, expenditures, and improvements included in the definition of that term under Section 2 of this Act, and includes job training as provided by Section 38 of this Act. For purposes of this section, the term includes recycling facilities, and land, buildings, equipment, facilities, and improvements found by the board of directors to:
(A)iibe required or suitable for use for professional and amateur (including children's) sports, athletic, entertainment, tourist, convention, and public park purposes and events, including stadiums, ball parks, auditoriums, amphitheaters, concert halls, parks and park facilities, open space improvements, museums, exhibition facilities, and related store, restaurant, concession, and
6022 80th LEGISLATURE — REGULAR SESSION
(B)iipromote or develop new or expanded business enterprises that create or retain primary jobs, including a project to provide public safety facilities, streets and roads, drainage and related improvements, demolition of existing structures, general municipally owned improvements, as well as any improvements or facilities that are related to any of those projects and any other project that the board in its discretion determines promotes or develops new or expanded business enterprises that create or retain primary jobs;
(C)iibe required or suitable for the promotion of development and expansion of affordable housing, as defined by 42 U.S.C. Section 12745;
(D)iibe required or suitable for the development or improvement of water supply facilities, including dams, transmission lines, well field developments, and other water supply alternatives;
(E)iibe required or suitable for the development and institution of
water conservation programs, including incentives to install water-saving
plumbing fixtures, educational programs, brush control programs, and programs
to replace malfunctioning or leaking water lines and other water facilities; [or]
(F)iibe required or suitable for the development, retention, or expansion of business enterprises if the project is undertaken by a corporation created by an eligible city:
(i)iithat has not for each of the preceding two fiscal years received more than $50,000 in revenues from sales and use taxes imposed under this section; and
(ii)iithe governing body of which has authorized the project by adopting a resolution only after giving the resolution at least two separate readings conducted at least one week apart; or
(G)iibe required or suitable for the development or expansion of airport facilities, including hangars, airport maintenance and repair facilities, air cargo facilities, and related infrastructure located on or adjacent to an airport facility, if the project is undertaken by a corporation created by an eligible city:
(i)iithat enters into a development agreement with an entity in which the entity acquires a leasehold or other possessory interest from the corporation and is authorized to sublease the entity's interest for other projects authorized by this subdivision; and
(ii)iithe governing body of which has authorized the development agreement by adopting a resolution at a meeting called as authorized by law.
SECTIONi3.iiSection 32, Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to read as follows:
Sec.i32.iiThe legislature finds, determines, and declares that the activities of a corporation created and organized under the provisions of this Act affect all the people of the unit under whose auspices it is created by assuming to a material extent that which might otherwise become the obligation or duty of such unit, and therefore such corporation is an institution of purely public charity within the tax
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6023
SECTIONi4.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, 2007.
HB 3517 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Creighton called up with senate amendments for consideration at this time,
HB 3517, A bill to be entitled An Act relating to competitive purchasing requirements for local governments.
Representative Creighton moved to concur in the senate amendments to HBi3517.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1771): 141 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent — Dutton; Farrar; Moreno; Oliveira; Paxton.
6024 80th LEGISLATURE — REGULAR SESSION
Senate Committee Substitute
CSHB 3517, A bill to be entitled An Act relating to competitive purchasing requirements for local governments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiThe heading to Section 252.021, Local Government Code, is amended to read as follows:
Sec.i252.021.iiCOMPETITIVE REQUIREMENTS FOR [CERTAIN]
PURCHASES.
SECTIONi2.iiSections 252.021(b) and (c), Local Government Code, are amended to read as follows:
(b)ii[Before a municipality with a population of less than 25,000 may enter
into a contract for insurance that requires an expenditure of more than $5,000
from one or more municipal funds, the municipality must comply with the
procedure prescribed by this chapter for competitive sealed bidding.
[(c)]iiA municipality may use the competitive sealed proposal procedure for
the purchase of goods or services, including high technology items
[procurements] and[, in a municipality with a population of 25,000 or more, for
the purchase of] insurance.
(c)iiThe governing body of a municipality that is considering using a method other than competitive sealed bidding must determine before notice is given the method of purchase that provides the best value for the municipality. The governing body may delegate, as appropriate, its authority under this subsection to a designated representative. If the competitive sealed proposals requirement applies to the contract, the municipality shall consider the criteria described by Section 252.043(b) and the discussions conducted under Section 252.042 to determine the best value for the municipality.
SECTIONi3.iiSection 262.024(a), Local Government Code, is amended to read as follows:
(a)iiA contract for the purchase of any of the following items is exempt from the requirement established by Section 262.023 if the commissioners court by order grants the exemption:
(1)iian item that must be purchased in a case of public calamity if it is necessary to make the purchase promptly to relieve the necessity of the citizens or to preserve the property of the county;
(2)iian item necessary to preserve or protect the public health or safety of the residents of the county;
(3)iian item necessary because of unforeseen damage to public property;
(4)iia personal or professional service;
(5)iiany individual work performed and paid for by the day, as the work progresses, provided that no individual is compensated under this subsection for more than 20 working days in any three month period;
(6)iiany land or right-of-way;
(7)iian item that can be obtained from only one source, including:
(A)iiitems for which competition is precluded because of the existence of patents, copyrights, secret processes, or monopolies;
(B)iifilms, manuscripts, or books;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6025
(C)iielectric power, gas, water, and other utility services; and
(D)iicaptive replacement parts or components for equipment;
(8)iian item of food;
(9)iipersonal property sold:
(A)iiat an auction by a state licensed auctioneer;
(B)iiat a going out of business sale held in compliance with Subchapter F, Chapter 17, Business & Commerce Code; or
(C)iiby a political subdivision of this state, a state agency of this
state, or an entity of the federal government; [or]
(10)iiany work performed under a contract for community and economic development made by a county under Section 381.004; or
(11)iivehicle and equipment repairs.
SECTIONi4.iiThe heading to Section 262.030, Local Government Code, is amended to read as follows:
Sec.i262.030.iiALTERNATIVE COMPETITIVE PROPOSAL
PROCEDURE FOR CERTAIN GOODS AND [INSURANCE, HIGH
TECHNOLOGY ITEMS, AND SPECIAL] SERVICES.
SECTIONi5.iiSection 262.030(d), Local Government Code, is amended to read as follows:
(d)iiA county in which a purchasing agent has been appointed under Section
262.011 or employed under Section 262.0115 [having a population of one million
or more according to the most recent federal census] may use the competitive
proposal purchasing method authorized by this section for the purchase of
insurance or high technology items. In addition, the method may be used to
purchase other items when the county official who makes purchases for the
county determines, with the consent of the commissioners court, that it is in the
best interest of the county to make a request for proposals.
SECTIONi6.iiSection 271.111(10), Local Government Code, is amended to read as follows:
(10)ii"Governmental entity" means a municipality, county, river
authority, conservation and reclamation district created pursuant to Section 59,
Article XVI, Texas Constitution, and located in a county with a population of
more than 250,000, or defense base development authority established under
Chapter 379B [378 as added by Chapter 1221, Acts of the 76th Legislature,
Regular Session, 1999].
SECTIONi7.iiSections 271.112(a), (d), and (f), Local Government Code, are amended to read as follows:
(a)iiAny provision in the charter of a home-rule municipality or regulation, if any, of a county, river authority, conservation and reclamation district created pursuant to Section 59, Article XVI, Texas Constitution, and located in a county with a population of more than 250,000, or defense base development authority that requires the use of competitive bidding or competitive sealed proposals or that prescribes procurement procedures and that is in conflict with this subchapter controls over this subchapter unless the governing body of the governmental entity elects to have this subchapter supersede the charter or regulation.
6026 80th LEGISLATURE — REGULAR SESSION
(d)iiFor a contract entered into by a municipality, river authority, conservation and reclamation district created pursuant to Section 59, Article XVI, Texas Constitution, and located in a county with a population of more than 250,000, or defense base development authority under any of the methods provided by this subchapter, the municipality, river authority, conservation and reclamation district created pursuant to Section 59, Article XVI, Texas Constitution, and located in a county with a population of more than 250,000, or defense base development authority shall publish notice of the time and place the bids or proposals, or the responses to a request for qualifications, will be received and opened. The notice must be published in a newspaper of general circulation in the county in which the defense base development authority's or municipality's central administrative office is located or the county in which the greatest amount of the river authority's or such conservation and reclamation district's territory is located once each week for at least two weeks before the deadline for receiving bids, proposals, or responses. If there is not a newspaper of general circulation in that county, the notice shall be published in a newspaper of general circulation in the county nearest the county seat of the county in which the defense base development authority's or municipality's central administrative office is located or the county in which the greatest amount of the river authority's or such conservation and reclamation district's territory is located. In a two-step procurement process, the time and place the second step bids, proposals, or responses will be received are not required to be published separately.
(f)iiA contract entered into or an arrangement made in violation of this
subchapter is contrary to public policy and is void. A court may enjoin
performance of a contract made in violation of this subchapter. A county attorney,
a district attorney, a criminal district attorney, a resident of a county that enters
into a contract under this subchapter or of a county in which a municipality, [or a]
river authority, or conservation and reclamation district created pursuant to
Section 59, Article XVI, Texas Constitution, and located in a county with a
population of more than 250,000 that enters into a contract under this subchapter
is located, or any interested party may bring an action for an injunction. A party
who prevails in an action brought under this subsection is entitled to reasonable
attorney's fees as approved by the court.
SECTIONi8.iiSection 775.084(a), Health and Safety Code, is amended to read as follows:
(a)iiExcept as provided by Subsection (i), the board must submit to
competitive bids an expenditure of more than $50,000 [$25,000] for:
(1)iione item or service; or
(2)iimore than one of the same or a similar type of item or service in a fiscal year.
SECTIONi9.iiThis Act takes effect September 1, 2007.
HB 3571 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Rose called up with senate amendments for consideration at this time,
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6027
HB 3571, A bill to be entitled An Act relating to a pilot program to facilitate food stamp program outreach efforts and eligibility determination processes.
Representative Rose moved to concur in the senate amendments to HBi3571.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1772): 117 Yeas, 20 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Creighton; Crownover; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Eiland; Eissler; England; Escobar; Farabee; Farias; Frost; Gallego; Garcia; Gattis; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Latham; Leibowitz; Lucio; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McReynolds; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; Olivo; Orr; Ortiz; Otto; Patrick; Peña; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Nays — Aycock; Berman; Bohac; Christian; Crabb; Darby; Elkins; Flynn; Geren; Harper-Brown; Hughes; Kolkhorst; Kuempel; Laubenberg; Macias; O'Day; Parker; Paxton; Phillips; Riddle.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent — Bailey; Dutton; Farrar; Flores; McClendon; Menendez; Moreno; Oliveira; Smithee.
STATEMENTS OF VOTE
I was shown voting yes on Record No. 1772. I intended to vote no.
Harless
I was shown voting yes on Record No. 1772. I intended to vote no.
Murphy
I was shown voting no on Record No. 1772. I intended to vote yes.
Parker
I was shown voting yes on Record No. 1772. I intended to vote no.
Talton
6028 80th LEGISLATURE — REGULAR SESSION
I was shown voting yes on Record No. 1772. I intended to vote no.
Woolley
Senate Committee Substitute
CSHB 3571, A bill to be entitled An Act relating to a pilot program to facilitate food stamp program outreach efforts and eligibility determination processes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter B, Chapter 531, Government Code, is amended by adding Section 531.066 to read as follows:
Sec.i531.066.iiFOOD STAMP PROGRAM OUTREACH AND ELIGIBILITY DETERMINATION PILOT PROGRAM. (a) The commission shall develop and implement a pilot program in the South Texas region under which a private retail business that provides services related to the food stamp program administered under Chapter 33, Human Resources Code, enters into an agreement with the commission to support outreach efforts and eligibility determinations for that program.
(b)iiSubject to state and federal laws governing the food stamp program, an agreement between a private retail business participating in the pilot program and the commission may require the business to:
(1)iiprovide informational materials, including eligibility guidelines and eligibility redetermination information, to the customers of the business and other persons regarding the food stamp program;
(2)iiperform outreach services, as determined by the commission, with respect to the program; and
(3)iiprovide space at the retail locations of the business at which commission staff and contractors of the commission may conduct outreach efforts and eligibility determinations related to the program.
(b-1)iiAn agreement between a private retail business participating in the pilot program and the commission may authorize the business to:
(1)iiimplement strategies to encourage recipients of food stamps who are also Medicaid recipients to engage in healthy behaviors; and
(2)iiprovide incentives to recipients described by Subdivision (1) who are children younger than 21 years of age to make timely health care visits under the early and periodic screening, diagnosis, and treatment program.
(c)iiIn developing the pilot program, the executive commissioner may adopt rules regarding the requirements applicable to a private retail business that participates in the program.
(d)iiNot later than December 1, 2008, the commission shall submit a report to the legislature that includes:
(1)iian evaluation of the pilot program, including the program's effects on the food stamp program; and
(2)iirecommendations regarding the continuation or expansion of the pilot program.
(e)iiThis section expires September 1, 2009.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6029
SECTIONi2.iiIf before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.
SECTIONi3.iiThis Act takes effect September 1, 2007.
HB 3385 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Paxton called up with senate amendments for consideration at this time,
HB 3385, A bill to be entitled An Act relating to the use of certain state money for costs related to the relocation to the city of Austin, Texas, of the Interstate Oil and Gas Compact Commission and for the support of that commission.
Representative Paxton moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3385.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 3385: Chisum, chair; Keffer, Christian, Swinford, and D. Howard.
HB 3711 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Phillips called up with senate amendments for consideration at this time,
HB 3711, A bill to be entitled An Act relating to the repeal of obsolete statutes regulating railroads.
Representative Phillips moved to concur in the senate amendments to HBi3711.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1773): 138 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones;
6030 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent — Eiland; Hardcastle; King, S.; McCall; Moreno; Oliveira; Pierson; Pitts.
STATEMENT OF VOTE
I was shown voting yes on Record No. 1773. I intended to vote no.
Kolkhorst
Senate Committee Substitute
CSHB 3711, A bill to be entitled An Act relating to repeal of obsolete statutes regulating railroads.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiTitle 112, Revised Statutes, is amended by adding Article 6259a to read as follows:
Art.i6259a.iiDEFINITION. In this title, a reference to a railroad corporation or a railroad company means:
(1)iia railroad incorporated under this title before September 1, 2007; or
(2)iiany other legal entity operating a railroad in this state, including an entity organized under the Texas Business Corporation Act or the Texas Corporation Law provisions of the Business Organizations Code.
SECTIONi2.iiArticle 6336, Revised Statutes, is amended to read as follows:
Art.i6336.iiWHEN CORPORATION AND OWNER DISAGREE. (a) A [If
any] railroad corporation may acquire property by condemnation if the
corporation cannot [shall at any time be unable to] agree with the owner for the
purchase of the property and the property is [any real estate, or material thereon,]
required for the following purposes:
(1)iithe [purpose of its] incorporation of the railroad;
(2)ii[or] the transaction of railroad corporation [its] business;
(3)ii[, for its] depots, station buildings, and machine and repair shops;
(4)ii[, for] the construction of reservoirs for the water supply;
(5)ii[, or for] the right of way, or [for a] new or additional right of way;
(6)iiaii[, for] change[,] or relocation;
(7)iia [or] road bed;
(8)iishortening a [, to shorten the] line;
(9)iireducing [, or any part thereof, or to reduce its] grades;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6031
(10)ii[, or any of them, or for] double tracking the [its] railroad or
constructing and operating [its] tracks; or
(11)ii[, which is hereby authorized and permitted, or for] any other
[lawful] purpose connected with or necessary to the building, operating, or
running of the railroad [its road, such corporation may acquire such property by
condemnation thereof. The limitation in width prescribed by Article 6319 shall
not apply to real estate or any interest therein, required for the purposes herein
mentioned, other than right of way, and shall not apply to right of way when
necessary for double tracking or constructing or adding additional railroad tracks,
and real estate, or any interest therein, to be acquired for such other purposes, or
any of them, need not adjoin or abut on the right way, and no change of the line
through any city or town, or which shall result in the abandonment of any station
or depot, shall be made, except upon written order of the Railroad Commission of
Texas, authorizing such change].
(b)iiA [No] railroad corporation may not [shall have the right under this law
to] condemn property under [any land for the purposes mentioned in] this article
that is located [situated] more than two miles from the right of way of the [such]
railroad corporation.
SECTIONi3.iiArticle 6351, Revised Statutes, is amended to read as follows:
Art.i6351.iiEMINENT DOMAIN. A [When any] railroad corporation or a
receiver [receivers] of a [any] railroad that changes, relocates, or abandons a
[shall have been empowered under the provisions of this law to change, relocate
or abandon its] line of railroad in this State may [, it shall have full power to]
acquire by condemnation or otherwise all lands for right of way, depot grounds,
shops, roundhouses, water supply sites, sidings, switches, spurs or any other
[lawful] purposes connected with or necessary to the building, operating or
running of the railroad, [its road] as changed, relocated or abandoned; provided[,
however,] that [all] property [so] acquired under this article is [hereby] declared
[to be] for and [is] charged with public use [so far as the same may be necessary].
SECTIONi4.iiArticle 6445(a), Revised Statutes, is amended to read as follows:
(a)iiTo the extent not preempted by federal law, [Power and authority are
hereby conferred upon] the Texas Department of Transportation:
(1)iihas power and authority over:
(A)ii[all] railroads, including [and] suburban, belt and terminal
railroads;
(B)ii[, and over all] public wharves, docks, piers, elevators,
warehouses, sheds, tracks and other property used in connection with railroads;
[therewith in this State,] and
(C)ii[over all] persons, associations and corporations, private or
municipal, owning or operating a [such] railroad, or a wharf, dock, pier, elevator,
warehouse, shed, track or other property used in connection with a railroad; and
(2)iishall [to fix, and it is hereby made the duty of the said department to
adopt all necessary rates, charges and regulations, to] govern and regulate those
[such] railroads, persons, associations and corporations[, and to correct abuses
and prevent unjust discrimination in the rates, charges and tolls of such railroads,
6032 80th LEGISLATURE — REGULAR SESSION
SECTIONi5.iiThe following are repealed:
(1)iiArticles 6259, 6260, 6261, 6262, 6263, 6264, 6265, 6266, 6267, 6268, 6269, 6270, 6271, 6272, 6273, and 6274, Revised Statutes;
(2)iiArticles 6275, 6276, 6277, 6278, 6279, 6280, 6281, 6282, 6283, 6284, 6285, 6286, and 6287, Revised Statutes;
(3)iiArticles 6288, 6289, 6290, 6291, 6292, and 6293, Revised Statutes;
(4)iiArticles 6294, 6295, 6296, 6297, 6298, 6299, 6300, 6301, 6302, 6303, 6304, 6305, 6306, 6307, and 6308, Revised Statutes;
(5)iiArticles 6309, 6310, 6311, 6312, 6313, 6314, and 6315, Revised Statutes;
(6)(A)iiArticles 6316, 6317, 6319, 6321, 6322, 6323, 6324, 6325, 6328, 6329, 6330, 6331, 6332, 6333, 6334, 6335, and 6340, Revised Statutes; and
(B)iiChapter 73, Acts of the 39th Legislature, Regular Session, 1925 (Article 6316a, Vernon's Texas Civil Statutes);
(7)iiArticles 6342, 6343, 6344, 6345, 6346, 6347, 6348, 6349, 6350, 6352, and 6353, Revised Statutes;
(8)(A)iiArticles 6354, 6355, 6356, 6357, 6358, 6359, 6360, 6361, 6362, 6363, 6364, 6365, 6368, 6369, 6372, 6373, 6374, 6375, 6376, 6379, 6380, 6381, 6382, 6383, 6384, 6385, 6386, 6387, 6388, 6389, 6390, 6391, 6392, 6393, 6394, 6395, 6396, 6397, 6398, 6399, 6401, 6403, 6404, 6405, 6406, 6407, 6408, 6409, 6410, 6411, 6412, 6413, 6414, 6415, 6416, 6418, and 6419, Revised Statutes;
(B)iiChapter 33, Acts of the 69th Legislature, Regular Session, 1985 (Article 6398a, Vernon's Texas Civil Statutes);
(C)iiChapter 240, Acts of the 40th Legislature, Regular Session, 1927 (Article 6418a, Vernon's Texas Civil Statutes); and
(D)iiChapter 296, Acts of the 41st Legislature, Regular Session, 1929 (Article 6418b, Vernon's Texas Civil Statutes);
(9)iiArticles 6421, 6422, 6423, 6424, 6425, 6426, 6427, 6428, 6429, 6430, and 6431, Revised Statutes;
(10)(A)iiArticles 6448, 6449, 6450, 6451, 6452, 6453, 6454, 6455, 6456, 6457, 6458, 6459, 6460, 6461, 6462, 6463, 6466, 6469, 6470, 6473, 6474, 6478, 6479, 6480, 6481, 6482, 6483, 6484, 6485, 6486, 6487, 6488, 6489, 6490, 6491, 6492, 6493, 6494, 6495, 6496, 6497, 6498, 6499, 6500, 6501, 6502, 6503, 6504, 6505, 6506, 6507, 6508, 6509, 6510, 6511, 6512, 6513, 6514, 6515, 6516, 6517, 6518, and 6519, Revised Statutes;
(B)iiChapter 127, Acts of 56th Legislature, Regular Session, 1959 (Article 6478a, Vernon's Texas Civil Statutes); and
(C)iiChapter 110, Acts of the 43rd Legislature, Regular Session, 1933 (Article 6479a, Vernon's Texas Civil Statutes);
(11)iiArticles 6520, 6521, 6522, 6523, 6524, 6525, 6526, 6527, 6528, 6529, 6530, 6531, 6532, 6533, and 6534, Revised Statutes;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6033
(12)iiArticle 6549, Revised Statutes;
(13)iiArticles 6551, 6552, 6553, and 6554, Revised Statutes; and
(14)(A)iiArticles 6555, 6556, 6557, 6558, and 6559, Revised Statutes; and
(B)iithe following Acts and articles as compiled in Vernon's Texas Civil Statutes: 6559g-1, 6559g-2, 6559h-1, 6559h-2, 6559h-3, 6559h-4, 6559h-5, 6559h-6, 6559h-7, 6559h-8, 6559h-9, 6559h-10, 6559h-11, 6559i-3, 6559i-4, 6559i-5, 6559i-6, and 6559i-7.
SECTIONi6.iiA railroad incorporated under Title 112, Revised Statutes, before the effective date of this Act:
(1)iiis not affected by the repeal under this Act of the laws involving incorporation under that title; and
(2)iiis governed by the laws involving the incorporation of railroads in effect immediately before the effective date of this Act, and the former laws are continued in effect for that purpose.
SECTIONi7.iiThis Act takes effect September 1, 2007.
HB 4107 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Herrero called up with senate amendments for consideration at this time,
HB 4107, A bill to be entitled An Act relating to the appointment and duties of criminal magistrates for certain courts in Nueces County.
Representative Herrero moved to concur in the senate amendments to HBi4107.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1774): 139 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Mallory Caraway; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
6034 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent — Eiland; King, S.; Madden; McCall; Moreno; Oliveira; Pierson.
Senate Amendment No. 1 (Senate Committee Amendment No. 1)
Amend HB 4107 (House Engrossment) in SECTION 2 of the bill by striking added Section 54.1783, Government Code (page 3, lines 15 through 26) and substituting the following:
Sec.i54.1783.iiELIGIBILITY FOR APPOINTMENT. In determining whom to appoint as a magistrate under this subchapter, the judges of the district courts or the judges of the county courts at law, as applicable, shall consider persons who:
(1)iiare licensed to practice law in this state;
(2)iireside in Nueces County;
(3)iihave at least 10 years of active experience in criminal law practice; and
(4)iiexhibit judicial temperaments.
HB 3064 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Delisi called up with senate amendments for consideration at this time,
HB 3064, A bill to be entitled An Act relating to registration and regulation of certain discount health plans; providing penalties.
Representative Delisi moved to concur in the senate amendments to HBi3064.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1775): 134 Yeas, 4 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Pickett; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6035
Nays — Christian; Harper-Brown; Kolkhorst; Phillips.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent — Eiland; Giddings; Howard, C.; King, S.; Moreno; Oliveira; Pierson; Smith, W.
STATEMENT OF VOTE
I was shown voting yes on Record No. 1775. I intended to vote no.
Berman
Senate Committee Substitute
CSHB 3064, A bill to be entitled An Act relating to registration and regulation of certain discount health plans; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiThe heading to Subtitle C, Title 2, Health and Safety Code, is amended to read as follows:
SUBTITLE C. PROGRAMS PROVIDING [INDIGENT] HEALTH CARE
BENEFITS AND SERVICES
SECTIONi2.iiSubtitle C, Title 2, Health and Safety Code, is amended by adding Chapter 76 to read as follows:
CHAPTER 76. DISCOUNT HEALTH CARE PROGRAMS
SUBCHAPTER A. GENERAL PROVISIONS
Sec.i76.001.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"Discount health care program" means a business arrangement or contract in which an entity, in exchange for fees, dues, charges, or other consideration, offers its members access to discounts on health care services provided by health care providers. The term does not include an insurance policy, certificate of coverage, or other product regulated by the Texas Department of Insurance or a self-funded or self-insured employee benefit plan.
(4)ii"Discount health care program operator" means a person who, in exchange for fees, dues, charges, or other consideration, operates a discount health care program and contracts with providers, provider networks, or other discount health care program operators to offer access to health care services at a discount and determines the charge to members.
(5)ii"Marketer" means a person that sells or distributes a discount health care program, including a private label entity that places its name on and markets or distributes a discount health care program, but does not operate a discount health care program.
6036 80th LEGISLATURE — REGULAR SESSION
(6)ii"Member" means a person who pays fees, dues, charges, or other consideration for the right to participate in a discount health care program.
(7)ii"Program operator" means a discount health plan program operator.
(8)ii"Provider" means a person who is licensed or otherwise authorized to provide health care services in this state.
Sec.i76.002.iiAPPLICABILITY OF OTHER LAW. In addition to the requirements of this chapter, a program operator or marketer is subject to the applicable consumer protection laws under Chapter 17, Business & Commerce Code.
Sec.i76.003.iiRULES. The commission shall adopt the rules necessary to implement this chapter.
[Sections 76.004-76.050 reserved for expansion]
SUBCHAPTER B. PROGRAM REQUIREMENTS
Sec.i76.051.iiPROGRAM OPERATOR. Except as otherwise provided by this chapter, a program operator, including the operator of a freestanding discount health care program or a discount health care program marketed by an insurer or a health maintenance organization, shall comply with this chapter.
Sec.i76.052.iiPROHIBITED ADVERTISEMENT, SOLICITATION, AND MARKETING. (a) Any advertisement, solicitation, or marketing material of a discount health care program may not contain false, misleading, or deceptive statements, including statements that:
(1)iimisrepresent the price range of discounts offered by the discount health care program;
(2)iimisrepresent the size or location of the program's network of providers;
(3)iiknowingly misrepresent the participation of a provider in the program's network; or
(4)iisuggest that a discount card offered through the program is a federally approved Medicare prescription discount card.
(b)iiAny advertisement, solicitation, and marketing material of a discount health care program shall clearly and conspicuously state that the discount health care program is not insurance.
(c)iiAny advertisement, solicitation, or marketing material of a discount health care program may not use the term "insurance," except as a disclaimer of any relationship between the discount health care program and insurance, or as a description of an insurance product connected with a discount health care program.
(d)iiAny advertisement, solicitation, or marketing material of a discount health care program may not use the term "health plan," "coverage," "copay," "copayments," "deductible," "preexisting conditions," "guaranteed issue," "premium," "PPO," or "preferred provider organization," or another similar term, in a manner that could reasonably mislead an individual into believing that the discount health care program is health insurance or provides similar coverage.
(e)iiAny advertisement, solicitation, or marketing material of a discount health care program may not use the term "free," "no obligation," "discounted," or "reduced," or another similar term, without disclosing clearly and
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6037
(f)iiA program operator may not offer a "free" trial membership in a discount health care program without disclosing clearly and conspicuously, and in close proximity to the offer:
(1)iiany obligation of the member or prospective member associated with accepting the offered trial membership, including:
(A)iian obligation to purchase other goods and services;
(B)iian obligation to cancel membership or take other affirmative action to avoid incurring payment obligations; and
(C)iithe manner in which a cancellation request may be submitted;
(2)iithe number of payments and amount of each payment that are or may be required and the circumstances under which additional payments may be required; and
(3)iithe conditions, limitations, and restrictions on the ability of the member or prospective member to use or cancel the offered trial membership.
Sec.i76.053.iiDISCLOSURE MATERIALS REQUIRED. (a) A program operator shall, before enrollment or with the written materials describing the terms and conditions of the program that are provided after enrollment, provide each prospective or new member disclosure materials containing the following information:
(1)iia general description of the services and products offered through the discount health care program and the types of providers available;
(2)iia toll-free telephone number and an Internet website address through which a person may:
(A)iiobtain information about the discount health care program; and
(B)iiconfirm or find a provider currently participating in that program;
(3)iia clear and conspicuous statement that:
(A) ithe discount health care program is not insurance, with the word "not" capitalized; and
(B)iithe member is required to pay the entire amount of the discounted rate;
(4)iia statement that a member who cancels the membership not later than the 30th day after the date the member joins the discount health care program is entitled to a refund of all membership fees paid to the discount health care program other than money paid as a nominal one-time enrollment fee or money paid by the member to a provider for health care services or products received;
(5)iia statement that the discount health care program does not guarantee the quality of the services or products offered by individual providers;
6038 80th LEGISLATURE — REGULAR SESSION
(6)iia statement that a member may file a complaint under the discount health care program's complaint resolution procedure regarding the availability of contracted discounts or services or other matters relating to the contractual obligations of the program to its members; and
(7)iia toll-free telephone number for filing complaints with the department.
(b)iiA marketer shall use disclosure materials that comply with Subsection (a).
Sec.i76.054.iiPROGRAM OPERATOR DUTIES. A program operator shall:
(1)iiprovide a toll-free telephone number and Internet website for members to obtain information about the discount health care program and confirm or find providers currently participating in the program;
(2)iiremove a provider from the discount health care program not later than the 30th day after the date the operator learns that the provider has lost the authority to provide services or products, including the suspension or revocation of the provider's license;
(3)iiissue at least one membership card to serve as proof of membership in the discount health care program that must:
(A)iicontain a clear and conspicuous statement that the discount health care program is not insurance; and
(B)iiif the discount health care program includes discount prescription drug benefits, include:
(i)iithe name or logo of the entity administering the prescription drug benefits;
(ii)iithe international identification number assigned by the American National Standards Institute for the entity administering the prescription drug benefits;
(iii)iithe group number applicable to the member; and
(iv)iia telephone number to be used to contact an appropriate person to obtain information relating to the prescription drug benefits provided under the program;
(4)iiissue at least one set of disclosure materials to each household in which a person is a member;
(5)iiensure that an application form or other membership agreement:
(A)iiclearly and conspicuously discloses the duration of membership and the amount of payments the member is obligated to make for the membership; and
(B)iicontains a clear and conspicuous statement that the discount health care program is not insurance;
(6)iiallow any member who cancels a membership in the discount health care program not later than the 30th day after the date the person becomes a member to receive a refund, not later than the 30th day after the date the operator receives a valid cancellation notice and returned membership card, of all
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6039
(7)iimaintain a surety bond, for the payment of consumer claims in a manner prescribed by the department, in the principal amount of at least $50,000, except that an insurer licensed under Title 6, Insurance Code, is not required to maintain the surety bond;
(8)iimaintain an agent for service of process in this state; and
(9)iiestablish and operate a fair and efficient procedure for resolution of complaints regarding the availability of contracted discounts or services or other matters relating to the contractual obligations of the discount health care program to its members.
Sec.i76.055.iiMARKETING OF PROGRAM. (a) A program operator may market directly or contract with marketers for the distribution of the operator's discount health care program.
(b)iiA program operator shall enter into a written contract with a marketer before the marketer begins marketing, promoting, selling, or distributing the program operator's discount health care program. The contract must prohibit the marketer from using advertising, solicitations, or other marketing materials, or discount cards that have not been approved in advance and in writing by the program operator.
(c)iiA program operator must approve in writing all advertisements, solicitations, or other marketing materials, and discount cards used by marketers to market, promote, sell, or distribute the discount health care program before their use.
Sec.i76.056.iiCONTRACT REQUIREMENTS. (a) A program operator shall contract, directly or indirectly, with a provider offering discounted health care services or products under the discount health care program. The written contract must contain all of the following provisions:
(1)iia description of the discounts to be provided to a member;
(2)iia provision prohibiting the provider from charging a member more than the discounted rate agreed to in the written agreement with the provider; and
(3)iia provision requiring the provider to promptly notify the program operator if the provider loses the authority to provide services or products, including by suspension or revocation of the provider's license.
(b)iiThe program operator may not charge or receive from a provider any fee or other compensation for entering into the agreement.
(c)iiIf the program operator contracts with a network of providers, the program operator shall obtain written assurance from the network that:
(1)iithe network has a written agreement with each network provider that includes a discounted rate that is applicable to a program operator's discount health care program and contains all of the terms described in Subsection (a); and
(2)iithe network is authorized to obligate the network providers to provide services to members of the discount health care program.
(d)iiThe program operator shall require the network to:
6040 80th LEGISLATURE — REGULAR SESSION
(1)iimaintain and provide the program operator on a monthly basis an up-to-date list of providers in the network; and
(2)iipromptly remove a provider from its network if the provider loses the authority to provide services or products.
(e)iiThe program operator shall maintain a copy of each written agreement the program operator has with a provider or a network.
[Sections 76.057-76.100 reserved for expansion]
SUBCHAPTER C. REGISTRATION
Sec.i76.101.iiREGISTRATION REQUIRED; FEES. (a) A program operator may not offer a discount health care program in this state unless the operator is registered with the department.
(b)iiAn applicant for registration under this chapter or an applicant for renewal of registration under this chapter whose information has changed must submit:
(1)iia registration form indicating the program operator's name and address and its agent for service of process;
(2)iia list of names, addresses, official positions, and biographical information of:
(A)iithe individuals responsible for conducting the program operator's affairs, including:
(i)iieach member of the board of directors, board of trustees, executive committee, or other governing board or committee;
(ii)iithe officers of the program operator; and
(iii)iiany contracted management company personnel; and
(B)iiany person owning or having the right to acquire 10 percent or more of the voting securities of the program operator;
(3)iia statement generally describing the applicant, its facilities and personnel, and the health care services or products for which a discount will be made available under the discount health care program;
(4)iia list of the marketers authorized to sell or distribute the program operator's program under the program operator's name and a list of the marketing entities authorized to private label the program operator's program; and
(5)iia copy of the form of all contracts made or to be made between the program operator and any providers or provider networks regarding the provision of health care services or products to members.
(c)iiAfter the initial registration, if the form of a contract described by Subsection (b)(5) changes, the program operator must file the modified contract form with the department before it may be used.
(d)iiAs part of the registration required under Subsection (b), and annually thereafter, the program operator shall certify to the department that its programs comply with the requirements of this chapter.
(e)iiA discount health care program shall pay the department an initial registration fee of $1,000 and an annual renewal fee not to exceed $500.
(f)iiThe department may conduct a criminal background check on the individuals responsible for conducting the program operator's affairs, each member of the board of directors, board of trustees, executive committee, or other
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6041
(g)iiThis section does not apply to a program operator licensed under Title 6, Insurance Code.
[Sections 76.102-76.150 reserved for expansion]
SUBCHAPTER D. DISCIPLINARY ACTION; PENALTIES.
Sec.i76.151.iiDISCIPLINARY ACTION. On a finding that a ground for disciplinary action exists under this chapter, the executive director of the department may impose an administrative sanction, including any administrative penalty, as provided by Chapter 51, Occupations Code.
Sec.i76.152.iiINJUNCTIVE RELIEF; CIVIL PENALTY; DAMAGES. (a) The executive director of the department may institute an action against a program operator or marketer for injunctive relief under Section 51.352, Occupations Code, to restrain a violation or a threatened violation of this chapter or an order issued or rule adopted under this chapter.
(b)iiIn addition to the injunctive relief provided by Subsection (a), the executive director of the department may institute an action for a civil penalty as provided by Section 51.352, Occupations Code.
(c)iiThe amount of any civil penalty assessed under this section may not exceed $2,500 for each violation.
(d)iiAdvertising, selling, or distributing a discount health care program that violates this chapter is a false, misleading, or deceptive act or practice for purposes of Section 17.46, Business & Commerce Code. The exclusive remedy for the violation of Section 17.46, Business & Commerce Code, is an action by the office of the attorney general as provided by Section 17.46(a), Business & Commerce Code.
(e)iiThe office of the attorney general may not bring an action under Section 17.46, Business & Commerce Code, for a violation arising out of the same act or failure to act for which an administrative or civil penalty has been assessed in accordance with Section 76.151 or this section.
Sec.i76.153.iiADMINISTRATIVE PROCEDURE. Sections 51.310, 51.353, and 51.354, Occupations Code, apply to a disciplinary action taken under this chapter.
Sec.i76.154.iiAPPEAL. A person affected by a ruling, order, decision, or other action of the executive director of the department or the department may appeal by filing a petition in a district court in Travis County.
Sec.i76.155.iiSUBPOENAS. (a) The department may issue a subpoena as provided by this section.
(b)iiThe department may request and, if necessary, compel by subpoena:
(1)iithe production for inspection and copying of records, documents, and other evidence relevant to the investigation of an alleged violation of this chapter or a rule adopted or order issued by the commission or executive director; and
(2)iithe attendance of a witness for examination under oath.
6042 80th LEGISLATURE — REGULAR SESSION
(c)iiA subpoena under this section may be issued throughout this state and may be served by any person designated by the commission or the executive director.
(d)iiThe department, acting through the attorney general, may bring an action to enforce a subpoena issued under this section against a person who fails to comply with the subpoena.
(e)iiVenue for an action brought under this section is in a district court in:
(1)iiTravis County; or
(2)iiany county in which the department may hold a hearing.
(f)iiThe court shall order compliance with the subpoena if the court finds that good cause exists to issue the subpoena.
Sec.i76.156.iiCEASE AND DESIST ORDERS. The executive director may issue a cease and desist order if the executive director determines that the action is necessary to prevent a violation of:
(1)iithis chapter; or
(2)iia rule adopted or order issued by the commission or the executive director.
Sec.i76.157.iiEMERGENCY ORDERS. (a) If the executive director determines that an emergency exists requiring immediate action to protect the public health and safety, the executive director may issue an emergency order to suspend or revoke a registration or to halt operation of a person subject to regulation by the department under this chapter.
(b)iiThe executive director may issue the emergency order with or without notice and hearing as the executive director considers practicable under the circumstances.
(c)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.
SECTIONi3.iiNot later than January 1, 2008, the Texas Commission on Licensing and Regulation shall adopt the rules and procedures necessary to implement Chapter 76, Health and Safety Code, as added by this Act.
SECTIONi4.iiNotwithstanding Section 76.101, Health and Safety Code, as added by this Act, a person is not required to register under that section before April 1, 2008.
SECTIONi5.iiThis Act takes effect September 1, 2007.
HB 3199 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Hartnett called up with senate amendments for consideration at this time,
HB 3199, A bill to be entitled An Act relating to the creation of the Judicial Compensation Commission.
Representative Hartnett moved to concur in the senate amendments to HBi3199.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6043
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1776): 137 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Garcia; Gattis; Geren; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Hernandez; Herrero; Hilderbran; Hill; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent — Burnam; Gallego; Giddings; Heflin; Hochberg; Martinez; Moreno; Oliveira; Pierson.
STATEMENT OF VOTE
When Record No. 1776 was taken, I was temporarily out of the house chamber. I would have voted yes.
Heflin
Senate Committee Substitute
CSHB 3199, A bill to be entitled An Act relating to the creation of the Judicial Compensation Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubtitle B, Title 2, Government Code, is amended by adding Chapter 35 to read as follows:
CHAPTER 35. JUDICIAL COMPENSATION COMMISSION
SUBCHAPTER A. ORGANIZATION
Sec.i35.001.iiDEFINITION. In this chapter, "commission" means the Judicial Compensation Commission.
Sec.i35.002.iiMEMBERSHIP; TERMS. (a) The commission consists of nine members appointed by the governor with the advice and consent of the senate.
(b)iiNo more than three members serving on the commission may be licensed to practice law in this state.
6044 80th LEGISLATURE — REGULAR SESSION
(c)iiMembers serve for staggered terms of six years with the terms of three members expiring February 1 of each odd-numbered year.
Sec.i35.003.iiVACANCY. In the event of a vacancy, the governor shall appoint a replacement to fill the unexpired portion of the term.
Sec.i35.004.iiPRESIDING OFFICER. The governor shall designate a member of the commission as the presiding officer of the commission to serve in that capacity at the will of the governor. The presiding officer may vote on all matters before the commission.
Sec.i35.005.iiQUALIFICATIONS. (a) Each member must be a registered voter of the state.
(b)iiA member of the commission may not hold any other public office or be an employee of any state department, agency, board, or commission during the member's tenure on the commission.
(c)iiA person may not be a member of the commission or act as the general counsel to the commission if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the commission.
(d)iiAppointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Sec.i35.006.iiREMOVAL. (a)iiIt is a ground for removal from the commission that a member:
(1)iidoes not have at the time of appointment the qualification required by Section 35.005(a);
(2)iidoes not maintain during service on the commission the qualification required by Section 35.005(a);
(3)iiviolates the prohibition established by Section 35.005(b);
(4)iiis ineligible for membership under Section 35.005(c);
(5)iicannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(6)iiis absent from more than half of the regularly scheduled meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the commission.
(b)iiThe validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.
Sec.i35.007.iiADMINISTRATIVE SUPPORT. (a)iiThe Office of Court Administration of the Texas Judicial System shall provide administrative support for the commission. The commission is entitled to receive staff support, meeting facilities, temporary work facilities, including computer, telephone, reproduction, and facsimile equipment, available data, and other resources from the office as necessary to carry out the commission's powers and duties.
(b)iiThe Office of Court Administration of the Texas Judicial System shall grant all reasonable requests for staff support and resources under this section.
Sec.i35.008.iiCOMPENSATION AND REIMBURSEMENT. (a)iiA member of the commission may not receive compensation for the member's service on the commission.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6045
(b)iiThe Office of Court Administration of the Texas Judicial System shall reimburse a member for all actual and reasonable expenses incurred in the exercise of powers and performance of duties under this chapter.
(c)iiA member shall follow the reimbursement procedures of the Office of Court Administration of the Texas Judicial System.
[Sections 35.009-35.100 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES
Sec.i35.101.iiMEETINGS. The commission shall meet at the call of the presiding officer or at the request of a majority of the members.
Sec.i35.102.iiBIENNIAL REPORTS. (a)iiNot later than December 1 of each even-numbered year, the commission shall make a biennial report to the legislature. In the report, the commission shall recommend the proper salaries to be paid by the state for all justices and judges of the supreme court, the court of criminal appeals, the courts of appeals, and the district courts.
(b)iiIn recommending the proper salaries for all justices and judges of the supreme court, the court of criminal appeals, the courts of appeals, and the district courts, the commission shall consider the following factors:
(1)iithe skill and experience required of the particular judgeship at issue;
(2)iithe value of compensable service performed by justices and judges, as determined by reference to judicial compensation in other states and the federal government;
(3)iithe value of comparable service performed in the private sector, including private judging, arbitration, and mediation;
(4)iithe compensation of attorneys in the private sector;
(5)iithe cost of living and changes in the cost of living;
(6)iithe compensation from the state presently received by other public officials in the state, including:
(A)iistate constitutional officeholders;
(B)iideans, presidents, and chancellors of the public university systems; and
(C)iicity attorneys in major metropolitan areas for which that information is readily available;
(7)iiother factors that are normally or traditionally taken into consideration in the determination of judicial compensation; and
(8)iimost importantly, the level of overall compensation adequate to attract the most highly qualified individuals in the state, from a diversity of life and professional experiences, to serve in the judiciary without unreasonable economic hardship and with judicial independence unaffected by financial concerns.
SECTIONi2.iiIn appointing the initial members of the Judicial Compensation Commission, the governor shall appoint three persons to terms expiring February 1, 2009, three persons to terms expiring February 1, 2011, and three persons to terms expiring February 1, 2013.
SECTIONi3.iiThis Act takes effect September 1, 2007.
6046 80th LEGISLATURE — REGULAR SESSION
HB 4028 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Geren called up with senate amendments for consideration at this time,
HB 4028, A bill to be entitled An Act relating to the creation of the Northern Trinity Groundwater Conservation District.
Representative Geren moved to concur in the senate amendments to HBi4028.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1777): 140 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent — Castro; Gallego; Hochberg; Moreno; Oliveira; Zedler.
STATEMENT OF VOTE
When Record No. 1777 was taken, I was in the house but away from my desk. I would have voted yes.
Castro
Senate Committee Substitute
CSHB 4028, A bill to be entitled An Act relating to the creation of the Northern Trinity Groundwater Conservation District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubtitle H, Title 6, Special District Local Laws Code, is amended by adding Chapter 8820 to read as follows:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6047
CHAPTER 8820. NORTHERN TRINITY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec.i8820.001.iiDEFINITIONS. In this chapter:
(1)ii"Board" means the district's board of directors.
(2)ii"Director" means a board member.
(3)ii"District" means the Northern Trinity Groundwater Conservation District.
Sec.i8820.002.iiNATURE OF DISTRICT. The district is a groundwater conservation district in Tarrant County created under Section 59, Article XVI, Texas Constitution.
Sec.i8820.003.iiDISTRICT TERRITORY. The boundaries of the district are coextensive with the boundaries of Tarrant County.
Sec.i8820.004.iiCONFIRMATION ELECTION NOT REQUIRED. The board is not required to hold an election to confirm the district's creation.
[Sections 8820.005-8820.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec.i8820.051.iiGOVERNING BODY; TERMS. (a) The district is governed by a board of five directors.
(b)iiDirectors serve staggered four-year terms.
Sec. 8820.052. APPOINTMENT OF DIRECTORS. (a) The Tarrant County Commissioners Court shall appoint one director from each of the four commissioners precincts in the county to represent the precinct in which the director resides.
(b)iiThe county judge of Tarrant County shall appoint one director who resides in the district to represent the district at large.
Sec.i8820.053.iiINITIAL DIRECTORS. (a) Not later than the 45th day after the effective date of this chapter:
(1)iithe Tarrant County Commissioners Court shall appoint one director from each of the four commissioners precincts in the county to represent the precinct in which the director resides; and
(2)iithe county judge of Tarrant County shall appoint one director who resides in the district to represent the district at large.
(b)iiThe initial board may agree on which three directors serve four-year terms that expire at the end of the calendar year following the fourth anniversary of the effective date of this chapter, and which two directors serve two-year terms that expire at the end of the calendar year following the second anniversary of the effective date of this chapter. If the initial board cannot agree, the directors shall draw lots to determine which three directors serve the four-year terms and which two directors serve the two-year terms.
(c)iiThis section expires September 1, 2014.
6048 80th LEGISLATURE — REGULAR SESSION
[Sections 8820.054-8820.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec.i8820.101.iiGROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state, including Chapter 36, Water Code, applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution.
Sec.i8820.102.iiNO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.
[Sections 8820.103-8820.150 reserved for expansion]
SUBCHAPTER D. REGULATION OF OTHER DISTRICTS
Sec.i8820.151.iiREGULATION OF WELLS IN ANOTHER DISTRICT. Except as provided by this subchapter, the district may not regulate the drilling or equipping of, or the completion, operation, or production of, a well located in the district and in another conservation and reclamation district created under Section 59, Article XVI, Texas Constitution, and that on January 1, 2007:
(1)iihad statutory authority to require a person to obtain a permit before drilling, equipping, completing, altering, or operating a well in its boundaries; and
(2)iihad adopted rules to implement that statutory authority.
Sec.i8820.152.iiFEES ON WELLS IN ANOTHER DISTRICT. The district may assess to the owner or operator of a well located in a conservation and reclamation district described by Section 8820.151 a fee based on the amount of groundwater produced from the well in the same manner and at the same rate as other wells in the district.
Sec.i8820.153.iiCOORDINATION WITH OTHER DISTRICTS. (a) The district and any conservation and reclamation district described by Section 8820.151 shall meet to:
(1)iicoordinate the adoption of rules by each district to promote consistent planning and regulation; and
(2)iidevelop procedures to ensure the expedited exchange of technical and regulatory information between the districts.
(b)iiThe district and a conservation and reclamation district described by Section 8820.151 may enter into one or more agreements to implement this section, including an interlocal contract under Chapter 791, Government Code.
[Sections 8820.154-8820.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec.i8820.201.iiTAXES AND BONDS PROHIBITED. The district may not impose a tax or issue bonds.
SECTIONi2.ii(a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6049
(b)iiThe governor has submitted the notice and Act to the Texas Commission on Environmental Quality.
(c)iiThe Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.
(d)iiAll requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.
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, 2007.
HB 4045 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Callegari called up with senate amendments for consideration at this time,
HB 4045, A bill to be entitled An Act relating to the creation of the Towne Lake Management District; providing authority to levy an assessment, impose a tax, and issue bonds.
Representative Callegari moved to concur in the senate amendments to HBi4045.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1778): 137 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Hernandez; Herrero; Hilderbran; Hill; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez Fischer; McCall; McClendon; McReynolds; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
6050 80th LEGISLATURE — REGULAR SESSION
Absent — Creighton; Gallego; Heflin; Hochberg; Martinez; Menendez; Moreno; Oliveira; Raymond.
STATEMENT OF VOTE
When Record No. 1778 was taken, I was temporarily out of the house chamber. I would have voted yes.
Heflin
Senate Committee Substitute
CSHB 4045, A bill to be entitled An Act relating to the creation of the Towne Lake Management District; providing authority to levy an assessment, impose a tax, and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiTOWNE LAKE MANAGEMENT DISTRICT. Subtitle C, Title 4, Special District Local Laws Code, is amended by adding Chapter 3839 to read as follows:
CHAPTER 3839. TOWNE LAKE MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec.i3839.001.iiDEFINITIONS. In this chapter:
(1)ii"Board" means the board of directors of the district.
(2)ii"District" means the Towne Lake Management District.
Sec.i3839.002.iiTOWNE LAKE MANAGEMENT DISTRICT. The Towne Lake Management District is a special district created under Section 59, Article XVI, Texas Constitution.
Sec.i3839.003.iiPURPOSE; DECLARATION OF INTENT. (a) The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter. By creating the district and in authorizing the City of Houston, Harris County, and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution.
(b)iiThe creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety, and the public welfare in the district territory.
(c)iiThis chapter and the creation of the district may not be interpreted to relieve Harris County from providing the level of services provided as of the effective date of the Act enacting this chapter to the area in the district. The district is created to supplement and not to supplant the county services provided in the area in the district.
Sec.i3839.004.iiFINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The district is created to serve a public use and benefit.
(b)iiAll land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6051
(c)iiThe creation of the district is in the public interest and is essential to:
(1)iifurther the public purposes of developing and diversifying the economy of the state;
(2)iieliminate unemployment and underemployment; and
(3)iidevelop or expand transportation and commerce.
(d)iiThe district will:
(1)iipromote the health, safety, and general welfare of residents, employers, potential employees, employees, visitors, and consumers in the district, and of the public;
(2)iiprovide needed funding for the district to preserve, maintain, and enhance the economic health and vitality of the district territory as a community and business center; and
(3)iipromote the health, safety, welfare, and enjoyment of the public by providing pedestrian ways and by landscaping and developing certain areas in the district, which are necessary for the restoration, preservation, and enhancement of scenic beauty.
(e)iiPedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, parking, and street art objects are parts of and necessary components of a street and are considered to be a street or road improvement.
(f)iiThe district will not act as the agent or instrumentality of any private interest even though the district will benefit many private interests as well as the public.
Sec.i3839.005.iiDISTRICT TERRITORY. (a) The district is composed of the territory described by Section 2 of the Act enacting this chapter, as that territory may have been modified under:
(1)iiSubchapter J, Chapter 49, Water Code; or
(2)iiother law.
(b)iiThe boundaries and field notes of the district contained in Section 2 of the Act enacting this chapter form a closure. A mistake in the field notes or in copying the field notes in the legislative process does not in any way affect the district's:
(1)iiorganization, existence, or validity;
(2)iiright to issue any type of bond for a purpose for which the district is created or to pay the principal of and interest on the bond;
(3)iiright to impose or collect an assessment or tax; or
(4)iilegality or operation.
Sec.i3839.006.iiELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. All or any part of the area of the district is eligible to be included in:
(1)iia tax increment reinvestment zone created under Chapter 311, Tax Code;
(2)iia tax abatement reinvestment zone created under Chapter 312, Tax Code; or
(3)iian enterprise zone created under Chapter 2303, Government Code.
6052 80th LEGISLATURE — REGULAR SESSION
Sec.i3839.007.iiAPPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW. Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district.
Sec.i3839.008.iiLIBERAL CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.
[Sections 3839.009-3839.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec.i3839.051.iiGOVERNING BODY; TERMS. (a) The district is governed by a board of five voting directors who serve staggered terms of four years, with two or three directors' terms expiring June 1 of each odd-numbered year.
(b)iiThe board by resolution may change the number of voting directors on the board, but only if the board determines that the change is in the best interest of the district. The board may not consist of fewer than five or more than 15 voting directors.
Sec.i3839.052.iiAPPOINTMENT OF DIRECTORS. The Texas Commission on Environmental Quality shall appoint voting directors from persons recommended by the board.
Sec.i3839.053.iiNONVOTING DIRECTORS. The board may appoint nonvoting directors to serve at the pleasure of the voting directors.
Sec.i3839.054.iiQUORUM. For purposes of determining the requirements for a quorum, the following are not counted:
(1)iia board position vacant for any reason, including death, resignation, or disqualification;
(2)iia director who is abstaining from participation in a vote because of a conflict of interest; or
(3)iia nonvoting director.
Sec.i3839.055.iiCOMPENSATION. Sections 375.069 and 375.070, Local Government Code, do not apply to the board.
Sec.i3839.056.iiINITIAL VOTING DIRECTORS. (a) The initial board consists of the following voting directors:
| Pos. No. | Name of Director | |||
| ii1 | David Templeton | |||
| ii2 | William F. Heavin | |||
| ii3 | Larry Covert | |||
| ii4 | Tom Read | |||
| ii5 | Michael C. Shannon |
(b)iiOf the initial voting directors, the terms of directors appointed for positions 1 through 3 expire June 1, 2009, and the terms of directors appointed for positions 4 and 5 expire June 1, 2011.
(c)iiSection 3839.052 does not apply to this section.
(d)iiThis section expires September 1, 2012.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6053
[Sections 3839.057-3839.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec.i3839.101.iiINDUSTRIAL DEVELOPMENT CORPORATION POWERS. The district may exercise the powers given to an industrial development corporation under Section 4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), including the power to own, operate, acquire, construct, lease, improve, or maintain a project described by that section.
Sec.i3839.102.iiNONPROFIT CORPORATION. (a) The board by resolution may authorize the creation of a nonprofit corporation to assist and act for the district in implementing a project or providing a service authorized by this chapter.
(b)iiThe nonprofit corporation:
(1)iihas each power of and is considered for purposes of this chapter to be a local government corporation created under Chapter 431, Transportation Code; and
(2)iimay implement any project and provide any service authorized by this chapter.
(c)iiThe board shall appoint the board of directors of the nonprofit corporation. The board of directors of the nonprofit corporation shall serve in the same manner as the board of directors of a local government corporation created under Chapter 431, Transportation Code, except that a director of the corporation is not required to reside in the district.
Sec.i3839.103.iiAGREEMENTS; GRANTS. (a) The district may make an agreement with or accept a gift, grant, or loan from any person.
(b)iiThe implementation of a project is a governmental function or service for the purposes of Chapter 791, Government Code.
Sec.i3839.104.iiAUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. To protect the public interest, the district may contract with a qualified party including Harris County or the City of Houston for the county or the city to provide law enforcement services in the district for a fee.
Sec.i3839.105.iiMEMBERSHIP IN CHARITABLE ORGANIZATIONS. The district may join and pay dues to a charitable or nonprofit organization that performs a service or provides an activity consistent with the furtherance of a district purpose.
Sec.i3839.106.iiECONOMIC DEVELOPMENT PROGRAMS. (a) The district may establish and provide for the administration of one or more programs to promote state or local economic development and to stimulate business and commercial activity in the district, including programs to:
(1)iimake loans and grants of public money; and
(2)iiprovide district personnel and services.
(b)iiFor purposes of this section, the district has all of the powers of a municipality under Chapter 380, Local Government Code.
6054 80th LEGISLATURE — REGULAR SESSION
Sec.i3839.107.iiSTRATEGIC PARTNERSHIP AGREEMENT. The district may negotiate and enter into a written strategic partnership agreement with the City of Houston in the same manner as a district under Section 43.0751, Local Government Code.
Sec.i3839.108.iiNO EMINENT DOMAIN. The district may not exercise the power of eminent domain.
[Sections 3839.109-3839.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec.i3839.151.iiDISBURSEMENTS AND TRANSFERS OF MONEY. The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of the district's money.
Sec.i3839.152.iiMONEY USED FOR IMPROVEMENTS OR SERVICES. The district may acquire, construct, finance, operate, or maintain any improvement or service authorized under this chapter or Chapter 375, Local Government Code, using any money available to the district.
Sec.i3839.153.iiPETITION REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a service or improvement project with assessments under this chapter unless a written petition requesting that service or improvement has been filed with the board.
(b)iiA petition filed under Subsection (a) must be signed by:
(1)iithe owners of a majority of the assessed value of real property in the district subject to assessment according to the most recent certified tax appraisal roll for Harris County; or
(2)iiat least 50 persons who own real property in the district, if more than 50 persons own real property in the district according to the most recent certified tax appraisal roll for Harris County.
Sec.i3839.154.iiMETHOD OF NOTICE FOR HEARING. The district may mail the notice required by Section 375.115(c), Local Government Code, by certified or first class United States mail. The board shall determine the method of notice.
Sec.i3839.155.iiASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The board by resolution may impose and collect an assessment for any purpose authorized by this chapter in all or any part of the district.
(b)iiAn assessment, a reassessment, or an assessment resulting from an addition to or correction of the assessment roll by the district, penalties and interest on an assessment or reassessment, an expense of collection, and reasonable attorney's fees incurred by the district:
(1)iiare a first and prior lien against the property assessed;
(2)iiare superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and
(3)iiare the personal liability of and a charge against the owners of the property even if the owners are not named in the assessment proceedings.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6055
(c)iiThe lien is effective from the date of the board's resolution imposing the assessment until the date the assessment is paid. The board may enforce the lien in the same manner that the board may enforce an ad valorem tax lien against real property.
(d)iiThe board may make a correction to or deletion from the assessment roll that does not increase the amount of assessment of any parcel of land without providing notice and holding a hearing in the manner required for additional assessments.
Sec.i3839.156.iiAD VALOREM TAX. (a) If authorized at an election held in accordance with Section 3839.160, the district may impose an annual ad valorem tax on taxable property in the district for any district purpose, including to:
(1)iimaintain and operate the district;
(2)iiconstruct or acquire improvements; or
(3)iiprovide a service.
(b)iiThe board shall determine the tax rate.
(c)iiSection 49.107(h), Water Code, does not apply to the district.
Sec.i3839.157.iiUTILITY PROPERTY EXEMPT FROM IMPACT FEES OR ASSESSMENTS. The district may not impose an impact fee or assessment on the property, including the equipment, rights-of-way, facilities, or improvements, of:
(1)iian electric utility or a power generation company as defined by Section 31.002, Utilities Code;
(2)iia gas utility as defined by Section 101.003 or 121.001, Utilities Code;
(3)iia telecommunications provider as defined by Section 51.002, Utilities Code; or
(4)iia person who provides to the public cable television or advanced telecommunications services.
Sec.i3839.158.iiBONDS AND OTHER OBLIGATIONS. (a) The district may issue by competitive bid or negotiated sale bonds, notes, or other obligations payable wholly or partly from taxes, assessments, impact fees, revenue, grants, or other money of the district, or any combination of those sources of money, to pay for any authorized purpose of the district.
(b)iiIn addition to any other terms authorized by the board by bond order or resolution, the proceeds of the district's bonds may be used for a reserve fund, credit enhancement, or capitalized interest for the bonds.
(c)iiThe limitation on the outstanding principal amount of bonds, notes, and other obligations provided by Section 49.4645, Water Code, does not apply to the district.
Sec.i3839.159.iiTAXES FOR BONDS AND OTHER OBLIGATIONS. At the time bonds or other obligations payable wholly or partly from ad valorem taxes are issued:
(1)iithe board shall impose a continuing direct annual ad valorem tax, without limit as to rate or amount, for each year that all or part of the bonds are outstanding; and
6056 80th LEGISLATURE — REGULAR SESSION
(2)iithe district annually shall impose an ad valorem tax on all taxable property in the district in an amount sufficient to:
(A)iipay the interest on the bonds or other obligations as the interest becomes due;
(B)iicreate a sinking fund for the payment of the principal of the bonds or other obligations when due or the redemption price at any earlier required redemption date; and
(C)iipay the expenses of imposing the taxes.
Sec.i3839.160.iiTAX AND BOND ELECTIONS. (a) The district shall hold an election in the manner provided by Subchapter L, Chapter 375, Local Government Code, to obtain voter approval before the district imposes an ad valorem tax or issues bonds payable from ad valorem taxes.
(b)iiSection 375.243, Local Government Code, does not apply to the district.
Sec.i3839.161.iiCITY NOT REQUIRED TO PAY DISTRICT OBLIGATIONS. Except as provided by Section 375.263, Local Government Code, the City of Houston is not required to pay a bond, note, or other obligation of the district.
Sec.i3839.162.iiCOMPETITIVE BIDDING. Section 375.221, Local Government Code, applies to the district only for a contract that has a value greater than $50,000.
Sec.i3839.163.iiTAX AND ASSESSMENT ABATEMENTS. The district may grant in the manner authorized by Chapter 312, Tax Code, an abatement for a tax or assessment owed to the district.
[Sections 3839.164-3839.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec.i3839.201.iiDISSOLUTION OF DISTRICT WITH OUTSTANDING DEBT. (a) The board may dissolve the district regardless of whether the district has debt. Section 375.264, Local Government Code, does not apply to the district.
(b)iiIf the district has debt when it is dissolved, the district shall remain in existence solely for the purpose of discharging its debts. The dissolution is effective when all debts have been discharged.
SECTIONi2.iiBOUNDARIES. As of the effective date of this Act, the Towne Lake Management District includes all territory contained in the following described area:
A 59.799-ACRE TRACT OF LAND SITUATED IN THE EVAN THOMAS SURVEY, ABSTRACT 775, HARRIS COUNTY, TEXAS, SAID 59.799-ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AS DETERMINED BY GPS MEASUREMENTS):
COMMENCING at a 3/4-inch iron with cap stamped "C.L.R." found for the northeast corner of Cy-Fair College as recorded under Film Code Number 543031 of the Harris County Map Records (H.C.M.R.) and in the westerly right-of-way line of Barker-Cypress Road (100-feet-wide) as recorded under Clerk's File Numbers (C.F. Nos.) M889508 and M922710 of the Official Public
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6057
THENCE North 02848'58" West, with said westerly right-of-way of Barker-Cypress Road, a distance of 255.16 feet to a point of curvature to the left;
THENCE, continuing with the said westerly right-of-way of Barker-Cypress Road in a northwesterly direction along said curve to the left, having a radius of 2950.00 feet, a central angle of 03849'15", an arc length of 196.72 feet, and a chord bearing of North 04843'36" West, a distance of 196.69 feet to a 3/4-inch iron pipe found for the point of tangency;
THENCE North 06838'13" West, continuing with said westerly right-of-way of Barker-Cypress Road, a distance of 100.00 feet to a 3/4-inch iron pipe found for a point of curvature to the right;
THENCE, continuing with the said westerly right-of-way of Barker-Cypress Road in a northwesterly direction along said curve to the right, having a radius of 3050.00 feet, a central angle of 03849'15", an arc length of 203.39 feet, and a chord bearing of North 04843'35" West, a distance of 203.35 feet to a 3/4-inch iron pipe found for the point of tangency;
THENCE North 02848'58" West, continuing with said westerly right-of-way of Barker-Cypress Road, a distance of 438.86 feet to the POINT OF BEGINNING of the herein described tract;
THENCE South 89812'34" West a distance of 1139.55 feet to a point for corner;
THENCE North 40838'18" West a distance of 270.36 feet to a point for corner;
THENCE North a distance of 1037.29 feet to a point for corner;
THENCE North 26846'14" East a distance of 104.38 feet to a point for corner;
THENCE North 26849'32" East a distance of 49.85 feet to a point for corner;
THENCE North 20835'48" East a distance of 77.03 feet to a point of curvature to the left;
THENCE in a northeasterly direction along said curve to the left, having a radius of 900.00 feet, a central angle of 32818'20", an arc length of 507.46 feet, and a chord bearing of North 04826'38" East, a distance of 500.76 feet to the point of tangency;
THENCE North 11842'32" West a distance of 187.14 feet to a point for corner;
THENCE North 78817'28" East a distance of 230.07 feet to a point for corner;
THENCE South 52835'28" East a distance of 295.90 feet to a point for corner;
THENCE North 37824'32" East a distance of 257.44 feet to a point of curvature to the right;
6058 80th LEGISLATURE — REGULAR SESSION
THENCE in a northeasterly direction along said curve to the right, having a radius of 25.00 feet, a central angle of 49846'30", an arc length of 21.72 feet, and a chord bearing of North 62817'47" East, a distance of 21.04 feet to the point of tangency;
THENCE North 87811'02" East a distance of 473.95 feet to a point for corner, being in the said westerly right-of-way of Barker-Cypress Road;
THENCE South 02848'58" East, with the said westerly right-of-way of Barker-Cypress Road, a distance of 2226.18 feet to the POINT OF BEGINNING and containing 59.799 acres of land.
SECTIONi3.iiLEGISLATIVE FINDINGS. The legislature finds that:
(1)iiproper and legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished by the constitution and laws of this state, including the governor, who has submitted the notice and Act to the Texas Commission on Environmental Quality;
(2)iithe Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time;
(3)iithe general law relating to consent by political subdivisions to the creation of districts with conservation, reclamation, and road powers and the inclusion of land in those districts has been complied with; and
(4)iiall requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act have been fulfilled and accomplished.
SECTIONi4.iiEFFECTIVE DATE. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.
HB 472 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Solomons called up with senate amendments for consideration at this time,
HB 472, A bill to be entitled An Act relating to the regulation of third-party administrators, including administrators with delegated duties in the workers' compensation system of this state; providing penalties.
Representative Solomons moved to concur in the senate amendments to HBi472.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1779): 135 Yeas, 0 Nays, 2 Present, not voting.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6059
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Dukes; Dunnam; Dutton; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Garcia; Gattis; Geren; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent — Castro; Driver; Eiland; Gallego; Giddings; Hamilton; Hochberg; King, S.; Moreno; Oliveira; Pierson.
STATEMENTS OF VOTE
When Record No. 1779 was taken, I was in the house but away from my desk. I would have voted yes.
Castro
When Record No. 1779 was taken, I was in the house but away from my desk. I would have voted yes.
Giddings
Senate Amendment No. 1 (Senate Committee Amendment No. 1)
Amend HB 472 as follows:
Page 2, Line 1, between the word "entity" and the period, insert "or a workers' compensation self-insurance group subject to regulation under Chapter 407A, Labor Code".
Page 2, Line 10, between "407" and "Labor", strike "or 407A".
On page 30, strike lines 10 through 13 and insert the following:
"Sec. 407A.009. CERTIFICATE OF AUTHORITY REQUIRED FOR CERTAIN ADMINISTRATORS AND SERVICE COMPANIES. (a) An administrator or service company under this chapter that performs the acts of an administrator as defined in Chapter 4151, Insurance Code, must hold a certificate of authority under that chapter.
(b) An entity is required to hold only one certificate of authority under Chapter 4151, Insurance Code, if:
6060 80th LEGISLATURE — REGULAR SESSION
(1) the entity acts as an administrator and a service company as defined in this chapter; and
(2) performs the acts of an administrator as that term is defined in Chapter 4151, Insurance Code.
(c) Exemptions in Chapter 4151, Insurance Code, as provided in Section 4151.002(18), (19), and (20) apply to an administrator or service company under this section."
Beginning on page 30, line 14, strike SECTIONS 3.06 through 3.13 (ending on page 34, line 6) in their entirety.
Senate Amendment No. 2 (Senate Floor Amendment No. 1)
Amend HB 472, senate committee printing, in ARTICLE 1 of the bill, in SECTION 1.20 of that article, by striking added Subchapter F, Chapter 4151, Insurance Code (page 8, line 41, through page 9, line 3), and substituting the following:
SUBCHAPTER F. WORKERS' COMPENSATION BENEFIT PLANS
Sec.i4151.251.iiDEFINITION. For purposes of this subchapter only, "insurance carrier" means:
(1)iian insurance company; or
(2)iia certified self-insurer for workers' compensation insurance, other than a certified self-insurance group under Chapter 407A, Labor Code, or a governmental entity that self-insures.
Sec.i4151.252.iiAPPLICATION. (a) This subchapter applies to the administration of workers' compensation insurance coverage.
(b)iiThis subchapter does not apply to an employer that does not elect under Subchapter A, Chapter 406, Labor Code, to obtain workers' compensation insurance coverage.
Sec.i4151.253.iiAGREEMENTS BETWEEN ADMINISTRATORS AND CARRIERS. (a) An administrator shall enter into a contract in connection with workers' compensation benefits for collecting premium or contributions, adjusting claims, or settling claims with the insurance carrier responsible for those claims, including the insurance carrier responsible for claims arising under policies authorized under Section 2053.202(b). A contract required by this subsection may be in the form of a master services agreement.
(b)iiA contract required by Subsection (a) must provide that:
(1)iithe contract does not limit in any way the insurance carrier's authority or responsibility, including financial responsibility, to comply with each statutory or regulatory requirement; and
(2)iithe administrator shall comply with each statutory or regulatory requirement relating to a function assumed by or carried out by the administrator.
Sec.i4151.254.iiAGREEMENTS BETWEEN ADMINISTRATORS AND EMPLOYERS. (a) In addition to the contract required by Section 4151.253, an administrator may also enter into a contract with an employer in connection with workers' compensation benefits for collecting premium or contributions, adjusting claims, or settling claims, including an employer purchasing a policy authorized under Section 2053.202(b).
(b)iiA contract entered into under Subsection (a) must provide that:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6061
(1)iithe contract does not limit or modify in any way:
(A)iithe insurance carrier's authority or responsibility, including financial responsibility, to comply with each statutory or regulatory requirement; and
(B)iithe provisions of the contract entered into between the administrator and the insurance carrier under Section 4151.252; and
(2)iithe administrator shall comply with each statutory or regulatory requirement relating to a function assumed by or carried out by the administrator.
Sec.i4151.255.iiADMINISTRATOR COMPENSATION. Except as provided by Section 4151.117, an administrator may accept compensation of any kind for the performance of administrative services in connection with workers' compensation claims from:
(1)iian insurance carrier responsible for those claims;
(2)iian employer with whom the administrator has entered into a contract; or
(3)iiboth the insurance carrier and the employer.
Sec.i4151.256.iiLARGE DEDUCTIBLE POLICIES. An employer who enters into a contract with an insurance carrier under Section 2053.202(b) may not use or contract with an administrator to perform administrative services in connection with workers' compensation benefits unless the administrator has entered into a written agreement with the insurance carrier that:
(1)iicomplies with all the provisions of this chapter; and
(2)iiprovides that the insurance carrier is responsible for:
(A)iisetting standards used in the handling of claims; and
(B)iiarranging for the payment of claims.
Sec.i4151.257.iiRULES. The commissioner shall adopt rules to implement the requirements of this subchapter, including rules prescribing requirements for contracts and master services agreements and requirements for the payment of claims. The rules must provide for compliance with the requirements of this chapter for any contract that takes effect or has an annual anniversary date on or after January 1, 2008.
HB 473 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Solomons called up with senate amendments for consideration at this time,
HB 473, A bill to be entitled An Act relating to the application of certain fee guidelines to health care provided under the workers' compensation system.
Representative Solomons moved to concur in the senate amendments to HBi473.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1780): 143 Yeas, 0 Nays, 2 Present, not voting.
6062 80th LEGISLATURE — REGULAR SESSION
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent — Eiland; Moreno; Oliveira.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 473, Senate committee printing, by inserting the following appropriately numbered SECTIONS in the bill and renumbering subsequent SECTIONS of the bill accordingly:
Section ____. Section 410.032, Labor Code, is amended to read as follows:
Sec. 410.032. PAYMENT OF BENEFITS UNDER INTERLOCUTORY
ORDER. (a) The [As designated by the commissioner, division staff, other than
the] benefit review officer who presides [presided or will preside] at the benefit
review conference[,] shall consider a request for an interlocutory order and shall
give the opposing party the opportunity to respond before issuing [issue] an
interlocutory order [if determined to be appropriate].
(b) The interlocutory order may address the payment or suspension of accrued benefits, future benefits, or both accrued benefits and future benefits.
SECTION ____. Section 410.032, Labor Code, as amended by this Act, applies only to a request for an interlocutory order made in conjunction with a workers' compensation benefit review conference that is conducted by a benefit review officer on or after the effective date of this Act. A request made before that date is governed by the law in effect on the date the request is made, and the former law is continued in effect for that purpose.
HB 1680 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Swinford called up with senate amendments for consideration at this time,
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6063
HB 1680, A bill to be entitled An Act relating to the required payment of taxes by property owners who appeal certain ad valorem tax determinations.
Representative Swinford moved to concur in the senate amendments to HBi1680.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1781): 135 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Miles; Miller; Morrison; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent — Christian; Dutton; Eiland; Gallego; Hancock; Hochberg; McCall; Merritt; Moreno; Mowery; Oliveira.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 1680 in SECTION 1 of the bill, added Subsection (b-1), Section 42.08, Tax Code (Senate committee printing, page 1, line 16), by striking "notice of".
Senate Amendment No. 2 (Senate Floor Amendment No. 2)
Amend HB 1680 (Senate committee printing) as follows:
(1)iiAdd the following SECTION to the bill, appropriately numbered, and renumber existing SECTIONS accordingly:
SECTIONi____.iiSection 42.02, Tax Code, is amended to read as follows:
Sec.i42.02.iiRIGHT OF APPEAL BY CHIEF APPRAISER. (a) On written approval of the board of directors of the appraisal district, the chief appraiser is entitled to appeal an order of the appraisal review board determining:
(1)iia taxpayer protest as provided by Subchapter C, Chapter 41, subject to Subsection (b); or
6064 80th LEGISLATURE — REGULAR SESSION
(2)iia taxpayer's motion to change the appraisal roll filed under Section 25.25.
(b)iiExcept as provided by Subsection (c), the chief appraiser may not appeal an order of the appraisal review board determining a taxpayer protest under Subsection (a)(1) if:
(1)iithe protest involved a determination of the appraised or market value of the taxpayer's property and that value according to the order that is the subject of the appeal is less than $1 million; or
(2)iifor any other taxpayer protest, the property to which the protest applies has an appraised value according to the appraisal roll for the current year of less than $1 million.
(c)iiOn written approval of the board of directors of the appraisal district, the chief appraiser may appeal an order of the appraisal review board determining a taxpayer protest otherwise prohibited by Subsection (b), if the chief appraiser alleges that the taxpayer or a person acting on behalf of the taxpayer committed fraud, made a material misrepresentation, or presented fraudulent evidence in the hearing before the board. In an appeal under this subsection, the court shall first consider whether the taxpayer or a person acting on behalf of the taxpayer committed fraud, made a material misrepresentation, or presented fraudulent evidence to the appraisal review board. If the court does not find by a preponderance of the evidence that the taxpayer or a person acting on behalf of the taxpayer committed fraud, made a material misrepresentation, or presented fraudulent evidence to the appraisal review board, the court shall:
(1)iidismiss the appeal; and
(2)iiaward court costs and reasonable attorney's fees to the taxpayer.
(2)iiIn SECTION 2 of the bill, the applicability provisions (on page 1), strike line 19 and substitute the following:
SECTIONi____.ii(a) The change in law made by this Act to Section 42.02, Tax Code, applies only to an appeal by a chief appraiser from an order of an appraisal review board that was issued on or after the effective date of this Act. An appeal by a chief appraiser from an order of an appraisal review board that was issued before the effective date of this Act is governed by the law in effect when the order of the appraisal review board was issued, and the former law is continued in effect for that purpose.
(b)iiThe change in law made by this Act to Section 42.08, Tax Code, applies only to
HB 2210 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Bolton called up with senate amendments for consideration at this time,
HB 2210, A bill to be entitled An Act relating to law enforcement reports concerning the commission of certain offenses and the provision of certain information in those reports to victims of those offenses.
Representative Bolton moved to concur in the senate amendments to HBi2210.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6065
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1782): 136 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eissler; Elkins; England; Escobar; Farabee; Farrar; Flores; Flynn; Frost; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent — Coleman; Eiland; Farias; Gallego; Hochberg; McCall; Moreno; Mowery; Oliveira; Smithee.
Senate Committee Substitute
CSHB 2210, A bill to be entitled An Act relating to law enforcement reports concerning the commission of certain offenses and the provision of certain information in those reports to victims of those offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiChapter 2, Code of Criminal Procedure, is amended by adding Article 2.30 to read as follows:
Art.i2.30.iiREPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES. (a) This article applies only to the following offenses:
(1)iiassault under Section 22.01, Penal Code;
(2)iiaggravated assault under Section 22.02, Penal Code;
(3)iisexual assault under Section 22.011, Penal Code;
(4)iiaggravated sexual assault under Section 22.021, Penal Code; and
(5)iiterroristic threat under Section 22.07, Penal Code.
(b)iiA peace officer who investigates the alleged commission of an offense listed under Subsection (a) shall prepare a written report that includes the information required under Article 5.05(a).
6066 80th LEGISLATURE — REGULAR SESSION
(c)iiOn request of a victim of an offense listed under Subsection (a), the local law enforcement agency responsible for investigating the commission of the offense shall provide the victim, at no cost to the victim, with any information that is:
(1)iicontained in the written report prepared under Subsection (b);
(2)iidescribed by Article 5.05(a)(1) or (2); and
(3)iinot exempt from disclosure under Chapter 552, Government Code, or other law.
SECTIONi2.iiArticle 5.05, Code of Criminal Procedure, is amended by adding Subsection (f) to read as follows:
(f)iiOn request of a victim of an incident of family violence, the local law enforcement agency responsible for investigating the incident shall provide the victim, at no cost to the victim, with any information that is:
(1)iicontained in the written report prepared under Subsection (a);
(2)iidescribed by Subsection (a)(1) or (2); and
(3)iinot exempt from disclosure under Chapter 552, Government Code, or other law.
SECTIONi3.iiThis Act takes effect September 1, 2007.
HB 2285 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Chisum called up with senate amendments for consideration at this time,
HB 2285, A bill to be entitled An Act relating to the renewal period for a license or registration related to radioactive materials and other sources of radiation issued by the Department of State Health Services.
Representative Chisum moved to concur in the senate amendments to HBi2285.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1783): 134 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eissler; Elkins; England; Escobar; Farabee; Farias; Flynn; Frost; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Murphy; Naishtat; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6067
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent — Eiland; Farrar; Flores; Gallego; Hochberg; Martinez Fischer; McCall; Moreno; Mowery; Noriega; Oliveira; Veasey.
STATEMENT OF VOTE
When Record No. 1783 was taken, I was in the house but away from my desk. I would have voted yes.
Martinez Fischer
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 2285 (Senate committee printing) as follows:
(1)iiStrike the recital to SECTION 3 of the bill (page 1, lines 22-23) and substitute:
SECTIONi3.iiSectioni401.301, Health and Safety Code, is amended by amending Subsections (c) and (d) and adding Subsection (f) to read as follows:
(2)iiIn SECTION 3 of the bill, following amended Subsection (d), Section 401.301, Health and Safety Code (page 1, between lines 34 and 35), insert:
(f)iiNotwithstanding any other provision of this section, the department may not assess a fee on a local law enforcement agency for the licensing and registration of an X-ray machine that is used to screen packages or other objects the agency suspects may contain an explosive or other item that would pose a danger to the public health and safety. Except as otherwise provided by this subsection, a local law enforcement agency is subject to the licensing and registration requirements of this chapter.
(3)iiAdd the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS accordingly:
SECTIONi____.iiThe changes in law made by this Act to Section 401.301, Health and Safety Code, apply to the licensing and registration of an X-ray machine on or after the effective date of this Act. The licensing and registration of an X-ray machine before the effective date of this Act is covered by the law in effect immediately before that date, and the former law is continued in effect for that purpose.
HB 2291 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Farias called up with senate amendments for consideration at this time,
HB 2291, A bill to be entitled An Act relating to a study of victim-offender mediation programs for juvenile offenders.
Representative Farias moved to concur in the senate amendments to HBi2291.
6068 80th LEGISLATURE — REGULAR SESSION
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1784): 136 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Turner; Van Arsdale; Vaught; Villarreal; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent — Coleman; Eiland; Hamilton; Martinez Fischer; McCall; Moreno; Mowery; Oliveira; Veasey; Vo.
STATEMENT OF VOTE
When Record No. 1784 was taken, I was in the house but away from my desk. I would have voted yes.
Martinez Fischer
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 2291 (senate committee printing) as follows:
(1)iiIn SECTION 1 of the bill, in added Section 141.055(a), Human Resources Code, strike page 1, lines 20 through 30, and substitute the following:
study must include:
(1)iian evaluation of the number of juvenile probation departments that operate victim-offender mediation programs;
(2)iian evaluation of the number of juvenile probation departments that contract for the services of victim-offender mediation programs;
(3)iia comprehensive program description of victim-offender mediation programs that includes an evaluation of program eligibility criteria and the process for utilizing the mediation services;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6069
(4)iian evaluation of the number of children served by victim-offender mediation programs annually, including individual data on referral offenses and demographic information for children served by victim-offender mediation programs;
(5)iian evaluation of the number of mediation agreements established in victim-offender mediation programs annually; and
(6)iithe funding sources for victim-offender mediation programs and the cost to operate those programs.
(2)iiIn SECTION 1 of the bill, strike added Sections 141.055(b) and (c), Human Resources Code (page 1, lines 31 through 48).
(3)iiIn SECTION 1 of the bill, in added Section 141.055(d), Human Resources Code (page 1, line 49), strike "(d) Not later than July 1, 2008," and substitute "(b) Not later than January 1, 2009,".
(4)iiIn SECTION 1 of the bill, in added Section 141.055(d)(3), Human Resources Code (page 1, line 58), strike "any".
(5)iiIn SECTION 1 of the bill, in added Section 141.055, Human Resources Code (page 1, line 62), strike added Subsection (e) and substitute the following:
(c)iiThis section expires January 31, 2009.
HB 3358 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Solomons called up with senate amendments for consideration at this time,
HB 3358, A bill to be entitled An Act relating to prior approval of property and casualty insurance rates under certain circumstances.
Representative Solomons moved to concur in the senate amendments to HBi3358.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1785): 137 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dutton; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez;
6070 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent — Dunnam; Eiland; King, T.; Martinez Fischer; McCall; Moreno; Noriega; Oliveira; Veasey.
STATEMENTS OF VOTE
When Record No. 1785 was taken, I was in the house but away from my desk. I would have voted yes.
T. King
When Record No. 1785 was taken, I was in the house but away from my desk. I would have voted yes.
Martinez Fischer
Senate Committee Substitute
CSHB 3358, A bill to be entitled An Act relating to prior approval of property and casualty insurance rates under certain circumstances.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 2251.151, Insurance Code, is amended by adding Subsections (a-1) and (e) to read as follows:
(a-1)iiIf an insurer files a petition under Subchapter D, Chapter 36, for judicial review of an order disapproving a rate under this chapter, the insurer must use the rates in effect for the insurer at the time the petition is filed and may not file and use any higher rate for the same line of insurance subject to this chapter before the matter subject to judicial review is finally resolved unless the insurer, in accordance with this subchapter, files the new rate with the department, along with any applicable supplementary rating information and supporting information, and obtains the commissioner's approval of the rate.
(e)iiIf the commissioner requires an insurer to file the insurer's rates under this section, the commissioner shall issue an order specifying the commissioner's reasons for requiring the rate filing. An affected insurer is entitled to a hearing on written request made to the commissioner not later than the 30th day after the date the order is issued.
SECTIONi2.iiThe change in law made by Section 2251.151(a-1), Insurance Code, as added by this Act, applies only to an insurer that files a petition for judicial review under Subchapter D, Chapter 36, Insurance Code, on or after the effective date of this Act. An insurer that files a petition for judicial review before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose.
SECTIONi3.iiThis Act takes effect September 1, 2007.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6071
HB 1314 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Harless called up with senate amendments for consideration at this time,
HB 1314, A bill to be entitled An Act relating to the regulation of water and sewer utility systems in certain counties; providing a civil penalty.
Representative Harless moved to concur in the senate amendments to HBi1314.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1786): 138 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent — Crownover; Eiland; Flores; McCall; McClendon; Moreno; Mowery; Oliveira.
Senate Committee Substitute
CSHB 1314, A bill to be entitled An Act relating to the regulation and financing of water and sewer utility systems in certain counties; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 412.016, Local Government Code, is amended to read as follows:
Sec.i412.016.iiCOUNTY WATER AND SEWER SYSTEM. (a) A county may acquire, own, finance, operate, or contract for the operation of, a water or sewer utility system to serve an unincorporated area of the county in the same
6072 80th LEGISLATURE — REGULAR SESSION
(b)iiTo finance the water or sewer utility system, a county may issue bonds
payable solely from the revenue generated by the water or sewer utility system. A
bond issued under this section is not a debt of the county but is only a charge on
the revenues pledged and is not considered in determining the ability of the
county to issue bonds for any other purpose authorized by law. This subsection
does not authorize the issuance of general obligation bonds payable from ad
valorem taxes to finance a water or sewer utility system. However, a county with
a population of two [2.8] million or more and any adjoining county may issue
general obligation bonds with the approval of qualified voters.
(c)iiA county may acquire any interest in property necessary to operate a
system authorized by this section through any means available to the county,
including eminent domain. A county may not use eminent domain under this
subsection to acquire property in a municipality. Provided, however, a county
with a population of two [2.8] million or more and any adjoining county may,
with the municipality's approval, use the power of eminent domain under this
subsection to acquire property within a municipality.
SECTIONi2.iiSubchapter B, Chapter 412, Local Government Code, is amended by adding Section 412.017 to read as follows:
Sec.i412.017.iiREGULATION OF WATER AND SEWER UTILITY IN POPULOUS COUNTIES. (a) In this section, "water or sewer utility system" means a water or sewer utility system that serves:
(1)iian economically distressed area as defined by Section 15.001, Water Code; or
(2)iian area listed on:
(A)iithe state registry by the Texas Commission on Environmental Quality under Subchapter F, Chapter 361, Health and Safety Code; or
(B)iithe National Priorities List by the federal Environmental Protection Agency under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Sections 9601-9675, as amended by the Superfund Amendments and Reauthorization Act of 1986.
(b)iiA county with a population of 3.3 million or more may by order:
(1)iiprohibit a person from installing an on-site sewage disposal system, as defined by Section 366.002, Health and Safety Code, or installing a water well, if the lot or parcel of land on which the on-site sewage disposal system or water well is to be installed has access to service from a water or sewer system; and
(2)iiprohibit a person from installing another water or sewer utility system to serve a lot or parcel of land within the area if the lot or parcel of land has access to service from a water or sewer utility system.
(c)iiA county that adopts an order under Subsection (b) may adopt the order only if the area that has access to service from a water or sewer utility system:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6073
(1)iiis not served by another legally operating water or sewer utility system at the time the order is adopted; and
(2)iiwas developed before September 1, 1987.
(d)iiA person who violates an order adopted under this section is liable to the county for a civil penalty of not more than $1,000 for each violation. Each day a violation continues is a separate violation for purposes of assessing the civil penalty.
(e)iiA county may bring suit in a district court to restrain a violation or threatened violation of an order adopted under this section, recover a civil penalty, or both. The county is not required to give bond as a condition to issuing injunctive relief.
(f)iiExcept as provided in Subsection (g), a county that is involved in selecting a water or sewer utility system and that adopts an order under Subsection (b) may adopt the order only if the county complies with Chapter 262 in selecting the water or sewer utility system.
(g)iiSectioni262.024 does not apply to this section.
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, 2007.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today to attend a meeting of the conference committee on HB 1:
Kolkhorst on motion of Geren.
HB 2482 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative R. Cook called up with senate amendments for consideration at this time,
HB 2482, A bill to be entitled An Act relating to the requirements regarding persons who service or maintain on-site sewage disposal systems.
Representative R. Cook moved to concur in the senate amendments to HBi2482.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1787): 137 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Elkins; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg;
6074 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Kolkhorst.
Absent — Eiland; Eissler; England; King, S.; McCall; Moreno; Oliveira; Woolley.
STATEMENTS OF VOTE
I was shown voting yes on Record No. 1787. I intended to vote no.
Bonnen
When Record No. 1787 was taken, I was in the house but away from my desk. I would have voted yes.
Woolley
Senate Committee Substitute
CSHB 2482, A bill to be entitled An Act relating to the requirements regarding persons who service or maintain on-site sewage disposal systems; imposing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSections 366.0515(a) and (g), Health and Safety Code, are amended to read as follows:
(a)iiExcept as provided by Subsection (g), an [An] authorized agent or the
commission may not condition a permit or the approval of a permit for an on-site
sewage disposal system using aerobic treatment for a single-family residence on
the system's owner contracting for the maintenance of the system.
(g)iiThe owner of a single-family residence shall maintain the system directly or through a maintenance contract. If an authorized agent or the commission determines that an owner of a single-family residence located in a county with a population of at least 40,000 who maintains the owner's system directly has violated this chapter or a rule adopted or order or permit issued under this chapter, the owner, not later than the 10th day after the date of receipt of notification of the violation, shall correct the violation or enter into a contract for the maintenance of the system. If before the third anniversary of the date of the determination the owner is determined to have committed another violation of this chapter or a rule adopted under this chapter, the owner, not later than the 10th day after the date of receipt of notification of the subsequent violation, shall enter
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6075
[(1)iithe training in system maintenance to be provided to an owner who
elects to maintain the system directly; and
[(2)iithe maintenance of a system by the owner of the system.]
SECTIONi2.iiSection 366.071, Health and Safety Code, is amended by adding Subsection (d) to read as follows:
(d)iiThe commission may implement a program under Chapter 37, Water Code, to register persons who service or maintain on-site sewage disposal systems for compensation.
SECTIONi3.iiSections 366.0515(h), (i), (j), (n), and (o), Health and Safety Code, are repealed.
SECTIONi4.ii(a) The changes in law made by this Act apply only to a violation committed on or after the effective date of this Act. For purposes of this section, a violation is committed before the effective date of this Act if any element of the violation occurs before that date.
(b)iiA violation committed before the effective date of this Act is covered by the law in effect when the violation was committed, and the former law is continued in effect for that purpose.
SECTIONi5.iiThis Act takes effect September 1, 2007.
HB 2498 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Gonzalez Toureilles called up with senate amendments for consideration at this time,
HB 2498, A bill to be entitled An Act relating to hazardous duty pay for correctional officers employed by the Texas Department of Criminal Justice.
Representative Gonzalez Toureilles moved to concur in the senate amendments to HBi2498.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1788): 137 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen;
6076 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Kolkhorst.
Absent — Castro; Chavez; Corte; Crownover; Hilderbran; Moreno; Oliveira; Veasey.
STATEMENT OF VOTE
When Record No. 1788 was taken, I was in the house but away from my desk. I would have voted yes.
Castro
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 2498 (senate committee printing) as follows:
(1)iiIn SECTION 1 of the bill, strike amended Subsection (a), Section 659.305, Government Code (page 1, lines 15-20), and substitute the following:
(a)iiExcept as provided by Subsections [Subsection] (b) and (h), the amount
of a full-time state employee's hazardous duty pay for a particular month is [the
lesser of:
[(1)]ii$10 for each 12-month period of lifetime service credit accrued by
the employee[; or
[(2)ii$300].
(2)iiIn SECTION 1 of the bill, in amended Subsection (d), Section 659.305,
Government Code (page 1, line 21), strike "(a)(1), [and]" and substitute "(a),
[(a)(1) and]".
(3)iiAdd the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTIONi____.iiSection 659.305(c), Government Code, is repealed.
HB 2502 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Gonzalez Toureilles called up with senate amendments for consideration at this time,
HB 2502, A bill to be entitled An Act relating to the composition of the Jim Wells County Juvenile Board.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6077
Representative Gonzalez Toureilles moved to concur in the senate amendments to HBi2502.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1789): 138 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Kolkhorst.
Absent — Castro; Chavez; Corte; Crownover; Hilderbran; Moreno; Oliveira.
STATEMENT OF VOTE
When Record No. 1789 was taken, I was in the house but away from my desk. I would have voted yes.
Castro
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 2502 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTIONi____.iiSections 152.2561(e) through (j), Human Resources Code, are amended to read as follows:
(e)iiService on a juvenile board by a judge is an additional duty of office.
The commissioners court shall pay each [the] juvenile board member [members]
an annual salary of not less than $4,800 [$1,200], payable in equal monthly
installments from any funds available to the county or to the juvenile board.
6078 80th LEGISLATURE — REGULAR SESSION
(f)iiThe commissioners court shall reimburse a juvenile board member for
the member's actual and necessary expenses incurred in performing the member's
[his] duties. The commissioners court shall set the rate of reimbursement and
shall pay the expenses from funds allocated or received from any source.
(g)iiThe juvenile board shall appoint necessary juvenile probation
department personnel [with the advice and consent of the commissioners court].
The juvenile board may discharge the employees of the juvenile probation
department [with the advice and consent of the commissioners court].
(h)iiThe juvenile board shall provide each juvenile probation officer or juvenile probation department employee with an automobile or an automobile allowance for use of a personal automobile on official business.
(i)iiThe juvenile board shall [use the juvenile probation fund to] pay [as
much of] the salaries, allowances, and other necessary expenses from the juvenile
probation budget to the extent of the state aid received [as possible]. The
commissioners court shall pay the remaining salaries, allowances, and other
necessary expenses from the general fund or other available funds of the county.
(j)iiThe juvenile board [commissioners court] shall set the annual rate of
increase in the salaries of juvenile probation department personnel [at the rate of
increase given to other Wood County employees or to state employees]. If any
portion of an employee's salary is to be paid from the general fund, [the rates are
different,] the commissioners court shall approve the salary as presented to the
commissioners court by the chairman of the juvenile board. For purposes of this
subsection, "salary" means only the fixed compensation paid to an employee and
does not include health insurance, allowances, or any other benefit [may choose
one of the rates or choose a rate that is between the two rates. In choosing the
rate, the commissioners court may consider any relevant factor, including the
source of the funds, the duties and work load of the employees, and the effect on
other county employees].
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today to attend a meeting of the conference committee on HB 1:
Crownover on motion of Taylor.
HB 2564 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Hancock called up with senate amendments for consideration at this time,
HB 2564, A bill to be entitled An Act relating to the authority of a governmental body to require the payment of a charge before complying with certain requests for the production of public information or for copies of public information.
Representative Hancock moved to concur in the senate amendments to HBi2564.
A record vote was requested.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6079
The motion to concur in senate amendments prevailed by (Record 1790): 136 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Heflin; Hernandez; Herrero; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Crownover; Kolkhorst.
Absent — Castro; Chavez; Corte; England; Hartnett; Hilderbran; Moreno; Oliveira.
STATEMENT OF VOTE
When Record No. 1790 was taken, I was in the house but away from my desk. I would have voted yes.
Castro
Senate Amendment No. 1 (Senate Committee Amendment No. 2)
Amend HB 2564 in SECTION 1 of the bill, by striking proposed Subsection (j), Section 552.275, Government Code (house engrossed version, page 3, line 26, through page 4, line 9), and relettering subsequent proposed subsections accordingly.
Senate Amendment No. 2 (Senate Committee Amendment No. 3)
Amend HB 2564 in SECTION 1 of the bill, in added Section 552.275(m), Government Code (house engrossed version, page 4, line 23) by striking "an" and inserting "a publicly funded legal services".
Senate Amendment No. 3 (Senate Floor Amendment No. 2)
Amend HB 2564 as follows:
In SECTION 1 of the bill, in Section 552.275, Government Code, (page 2, line 4) insert the following sentence after the sentence ending in "requested":
6080 80th LEGISLATURE — REGULAR SESSION
The amount of this charge relating to the cost of locating, compiling, and producing the public information shall be established by rules prescribed by the attorney general under Section 552.262 (a) and (b).
LEAVES OF ABSENCE GRANTED
The following members were granted leaves of absence temporarily for today to attend a meeting of the conference committee on HB 1:
Gattis on motion of Giddings.
Turner on motion of Giddings.
HB 2653 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Harless called up with senate amendments for consideration at this time,
HB 2653, A bill to be entitled An Act relating to the election and disqualification of emergency services commissioners in certain populous counties.
Representative Harless moved to concur in the senate amendments to HBi2653.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1791): 137 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McReynolds; Menendez; Merritt; Miles; Miller; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Crownover; Gattis; Kolkhorst; Turner.
Absent — King, P.; McClendon; Moreno; Morrison; Oliveira.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6081
Senate Committee Substitute
CSHB 2653, A bill to be entitled An Act relating to emergency services districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 775.034, Health and Safety Code, is amended by adding Subsection (h) to read as follows:
(h)iiThis section does not apply to a district located wholly in a county with a population of more than three million.
SECTIONi2.iiSubchapter C, Chapter 775, Health and Safety Code, is amended by adding Section 775.0345 to read as follows:
Sec.i775.0345.iiELECTION OF BOARD IN CERTAIN POPULOUS COUNTIES. (a)iiThis section applies only to a district located wholly in a county with a population of more than three million.
(b)iiThe governing body of a district consists of a five-person board of emergency services commissioners elected as prescribed by this section. Except as provided by Subsection (h), emergency services commissioners serve two-year terms.
(c)iiAfter a district is created, the county judge shall establish a convenient day provided by Section 41.001, Election Code, to conduct an election to elect the initial emergency services commissioners.
(d)iiTo be eligible to be a candidate for emergency services commissioner, a person must be at least 18 years of age and a resident of the district.
(e)iiA candidate for emergency services commissioner on an initial board must give the county clerk a sworn notice of the candidate's intention to run for office. The notice must state the person's name, age, and address and state that the person is serving notice of intent to run for emergency services commissioner. On receipt of the notice, the county clerk shall have the candidate's name placed on the ballot.
(f)iiThe county clerk shall appoint an election judge to certify the results of the election.
(g)iiAfter the election is held, the county clerk or the clerk's deputy shall prepare a sworn statement of the election costs incurred by the county. The statement shall be given to the newly elected board, which shall order the appropriate official to reimburse the county for the county's election costs.
(h)iiThe initial emergency services commissioners' terms of office begin 30 days after canvassing of the election results. The two commissioners who received the fewest votes serve a term that expires on December 31 of the year in which the election was held. The other emergency services commissioners serve terms that expire on December 31 of the year following the election.
(i)iiThe board shall hold the general election for commissioner annually on an authorized uniform election date as provided by Chapter 41, Election Code. The board may change the election date from one authorized election date to another authorized election date and shall adjust the terms of office to conform to the new election date.
6082 80th LEGISLATURE — REGULAR SESSION
(j)iiSubchapter C, Chapter 146, Election Code, applies to a write-in candidate for emergency services commissioner under this section in the same manner it applies to a write-in candidate for a city office under that subchapter.
SECTIONi3.iiSubchapter C, Chapter 775, Health and Safety Code, is amended by adding Section 775.0355 to read as follows:
Sec.i775.0355.iiDISQUALIFICATION OF EMERGENCY SERVICES COMMISSIONERS. (a)iiIn this section, "emergency services organization" means:
(1)iia volunteer fire department;
(2)iia career or combination fire department;
(3)iia municipal fire department;
(4)iian emergency medical services organization under the jurisdiction of the Department of State Health Services;
(5)iiany other agency under the jurisdiction of the state fire marshal's office; or
(6)iiany other organization or corporation that governs an emergency services organization.
(b)iiA person is disqualified from serving as an emergency services commissioner if that person:
(1)iiis related within the third degree of affinity or consanguinity to:
(A)iia person providing professional services to the district;
(B)iia commissioner of the same district; or
(C)iia person who is an employee or volunteer of an emergency services organization providing emergency services to the district;
(2)iiis an employee of a commissioner of the same district, attorney, or other person providing professional services to the district;
(3)iiis serving as an attorney, consultant, or architect or in some other professional capacity for the district or an emergency services organization providing emergency services to the district; or
(4)iifails to maintain the qualifications required by law to serve as a commissioner.
(c)iiAny rights obtained by a third party through official action of a board covered by this section are not impaired or affected by the disqualification under this section of an emergency services commissioner to serve, provided that the third party had no knowledge, at the time the rights were obtained, of the fact that the commissioner was disqualified to serve.
SECTIONi4.iiSubchapter C, Chapter 775, Health and Safety Code, is amended by adding Section 775.0445 to read as follows:
Sec.i775.0445.iiVACANCY ON BOARD OF DISTRICT LOCATED IN ONE COUNTY. (a) Not later than the 90th day after a board vacancy for a district wholly located in one county occurs, the remaining board members shall appoint a person to fill the unexpired term.
(b)iiA person appointed under this section must be eligible to serve under:
(1)iiSection 775.034, if the district is wholly located in a county with a population of three million or less; or
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6083
(2)iiSection 775.0345, if the district is located wholly in a county with a population of more than three million.
(c)iiFor purposes of this section, a vacancy includes an office that is vacant because:
(1)iia director was disqualified under Section 775.0355; or
(2)iino candidate filed for election to the office.
SECTIONi5.iiSection 775.076, Health and Safety Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:
(a)iiThe board may issue bonds and notes as prescribed by this chapter to perform any of its powers.
(a-1) Before the board may issue bonds or notes authorized by this section, the commissioners court of each county in which the district is located must approve the issuance of the bonds or notes by a majority vote. This subsection does not apply to a district located wholly in a county with a population of more than three million,
SECTIONi6.iiThe heading to section 775.082, Health and Safety Code is amended to read as follows:
Sec.i775.082.iiAUDIT OF DISTRICT IN LESS POPULOUS COUNTIES.
SECTIONi7.iiSection 775.082, Health and Safety Code, is amended by adding Subsection (g) to read as follows:
(g)iiThis section does not apply to a district located wholly in a county with a population of more than three million.
SECTIONi8.iiSubchapter E, Chapter 775, Health and Safety Code, is amended by adding Section 775.0825 to read as follows:
Sec.i775.0825.iiAUDIT OF DISTRICT IN CERTAIN POPULOUS COUNTIES. (a) This section applies only to a district located wholly in a county with a population of more than three million.
(b)iiA district shall prepare on or before July 1 of each year an audit of the district's fiscal accounts and records.
(c)iiThe audit shall be performed and the report shall be prepared at the expense of the district.
(d)iiThe audit shall be available for review and inspection at the administrative office of the district.
(e)iiA copy of the audit shall be filed with the clerk of the county commissioner's court within 30 days after receipt by the board.
SECTIONi9.ii(a)iiThe changes in law made by this Act do not affect the entitlement of a commissioner of a board of emergency services commissioners serving on the board immediately before the effective date of this Act to continue to carry out the board's functions for the remainder of the commissioner's term.
(b)iiThis Act does not prohibit a person who is a commissioner on the effective date of this Act from running for election to the board of emergency services commissioners if the person has the qualifications required for a member under Section 775.0345, Health and Safety Code, as added by this Act.
(c)iiA person serving as an appointed member of a board of emergency services commissioners on the effective date of this Act shall continue to serve until the election and qualification of a new commissioner for that position.
6084 80th LEGISLATURE — REGULAR SESSION
(d)iiIn 2008, the county judge of an emergency services district to which Section 775.0345, Health and Safety Code, as added by this Act, applies shall establish an election as required by that section to replace commissioners whose terms expire December 31, 2007.
(e)iiIn 2009, the county judge shall repeat the procedures described by Subsection (d) of this section for the remaining appointed commissioners whose terms expire December 31, 2008.
SECTIONi10.iiThis Act takes effect September 1, 2007.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 2653 (senate committee printing) as follows:
(1)iiIn Section 3 of the bill, in the heading to added Section 775.0355, Health and Safety Code (page 2, line 2), between "COMMISSIONERS" and the period, insert "IN CERTAIN POPULOUS COUNTIES".
(2)iiIn Section 3 of the bill, in added Section 775.0355, Health and Safety Code (page 2, between lines 12 and 13), insert a new Subsection (b) to read as follows:
(b)iiThis section applies only to a district located wholly in a county with a population of more than three million.
(3)iiIn Section 3 of the bill, in added Section 775.0355(b), Health and Safety Code (page 2, line 13), strike "(b)" and substitute "(c)".
(4)iiIn Section 3 of the bill, in added Section 775.0355(c), Health and Safety Code (page 2, line 32), strike "(c)" and substitute "(d)".
(5)iiIn Section 4 of the bill, strike added Section 775.0445, Health and Safety Code (page 2, lines 40 through 54), and substitute:
Sec.i775.0445.iiVACANCY ON BOARD OF DISTRICT LOCATED IN CERTAIN POPULOUS COUNTIES. (a) In this section, "vacancy" means a vacancy in the office of director that occurs for any reason, including an office that is vacant because:
(1)iia director was disqualified under Section 775.0355; or
(2)iino candidate filed for election to the office.
(b)iiThis section applies only to a district located wholly in a county with a population of more than three million.
(c)iiNot later than the 90th day after a board vacancy occurs, the remaining board members shall appoint a person to fill the unexpired term.
(d)iiA person appointed under this section must be eligible to serve under Section 775.0345.
HB 3417 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Garcia called up with senate amendments for consideration at this time,
HB 3417, A bill to be entitled An Act relating to the sales and use tax imposed by municipal crime control and prevention districts.
Representative Garcia moved to concur in the senate amendments to HBi3417.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6085
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1792): 132 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Garcia; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Crownover; Gattis; Kolkhorst; Turner.
Absent — Alonzo; Gallego; Geren; Hochberg; Lucio; McReynolds; Moreno; Oliveira; Smith, W.; Van Arsdale.
Senate Committee Substitute
CSHB 3417, A bill to be entitled An Act relating to the counties authorized to create a crime control and prevention district and to the sales and use tax imposed by municipal crime control and prevention districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 363.051(a), Local Government Code, is amended to read as follows:
(a)iiThe creation of a crime control and prevention district may be proposed under this chapter by a majority vote of the governing body of a:
(1)iicounty:
(A)iiwith a population of more than 130,000; or
(B)iithat:
(i)iidoes not border the United Mexican States;
(ii)iiis adjacent to a county with a population of 500,000 or more that borders the United Mexican States; and
(iii)iihas a population of 5,000 or more; or
(2)iimunicipality that is partially or wholly located in a county with a population of more than 5,000.
6086 80th LEGISLATURE — REGULAR SESSION
SECTIONi2.iiSections 363.055(a) and (c), Local Government Code, are amended to read as follows:
(a)iiThe proposed rate for the district sales and use tax imposed under Subchapter B, Chapter 321, Tax Code, or Subchapter B, Chapter 323, Tax Code, may be only:
(1)iione-eighth of one percent;
(2)iione-fourth of one percent;
(3)iithree-eighths of one percent; or
(4)iione-half of one percent.
(c)iiA municipality that creates a district shall adopt a sales and use tax
under Section 321.108 [323.105], Tax Code, for financing the operation of the
district [in the same manner as a county under that section].
SECTIONi3.iiSection 363.154(e), Local Government Code, is amended to read as follows:
(e)iiIn a district created by a municipality, the board may spend the revenue
derived from the sales and use tax distributed under Section 321.108 [323.105],
Tax Code, only for a purpose authorized by Section 363.151.
SECTIONi4.iiSection 363.302(c), Local Government Code, is amended to read as follows:
(c)iiIf on the date that the district is dissolved the district has outstanding short-term or long-term liabilities, the board shall, not later than the 30th day after the date of the dissolution, adopt a resolution certifying each outstanding short-term and long-term liability. The political subdivision that created the district shall assume the outstanding short-term and long-term liabilities. The political subdivision shall collect the sales and use tax under Section 321.108 or 323.105, Tax Code, for the remainder of the calendar year and may by resolution of its governing body continue to collect the tax for an additional calendar year if the revenue from the tax is needed to retire liabilities of the district that were assumed by the political subdivision. The governing body shall notify the comptroller of this continuation not later than the 60th day before the date the tax would otherwise expire. Any tax collected after the liabilities have been retired shall be transferred or conveyed as provided by Subsection (a).
SECTIONi5.iiSubchapter B, Chapter 321, Tax Code, is amended by adding Section 321.108 to read as follows:
Sec.i321.108.iiMUNICIPAL CRIME CONTROL AND PREVENTION DISTRICT TAX. (a) Subject to an election held in accordance with Chapter 363, Local Government Code, a municipality in which a crime control and prevention district is established shall adopt a sales and use tax in the area of the district for the purpose of financing the operation of the crime control and prevention district. The revenue from the tax may be used only for the purpose of financing the operation of the crime control and prevention district. The proposition for adopting a tax under this section and the proposition for creation of a crime control and prevention district shall be submitted at the same election.
(b)iiA tax adopted for a district under this section for financing the operation of the district may be decreased in increments of one-eighth of one percent by order of the board of directors of the district.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6087
(c)iiThe governing body of the municipality that proposed the creation of the crime control and prevention district may call an election in the district on the question of decreasing the tax rate in increments of one-eighth of one percent in the district. At the election, the ballot shall be printed to provide for voting for or against the following proposition: "The decrease of the ____Crime Control and Prevention District sales and use tax rate to ____percent."
(d)iiThe rate of a tax adopted for a district under this section may be increased in increments of one-eighth of one percent, not to exceed a total tax rate of one-half percent for financing the operation of the crime control and prevention district, by order of the board of directors of the crime control and prevention district if approved by a majority of the voters voting at an election called by the board and held in the district on the question of increasing the tax rate. At the election, the ballot shall be printed to provide for voting for or against the following proposition: "The increase of the ____Crime Control and Prevention District sales and use tax rate to ____ percent." If there is an increase or decrease under this subsection in the rate of a tax imposed under this section, the new rate takes effect on the first day of the next calendar quarter after the expiration of one calendar quarter after the comptroller receives notice of the increase or decrease. However, if the comptroller notifies the president of the board of directors of the district in writing within 10 days after receipt of the notification that the comptroller requires more time to implement reporting and collection procedures, the comptroller may delay implementation of the rate change for another calendar quarter, and the new rate takes effect on the first day of the next calendar quarter following the elapsed quarter.
(e)iiThe comptroller shall remit to the municipality amounts collected at the rate imposed under this section as part of the regular allocation of municipal tax revenue collected by the comptroller if the district is composed of the entire municipality. The comptroller shall, if the district is composed of an area less than the entire municipality, remit that amount to the district. Retailers may not be required to use allocation and reporting procedures in the collection of taxes under this section that are different from the procedures that retailers use in the collection of other sales and use taxes under this chapter. An item, transaction, or service that is taxable in a municipality under a sales or use tax authorized by another section of this chapter is taxable under this section. An item, transaction, or service that is not taxable in a municipality under a sales or use tax authorized by another section of this chapter is not taxable under this section.
(f)iiIf, in a municipality in which a crime control and prevention district is composed of the whole municipality, a municipal sales and use tax or a municipal sales and use tax rate increase for the purpose of financing a crime control and prevention district is approved, the municipality is responsible for distributing to the district that portion of the municipal sales and use tax revenue received from the comptroller that is to be used for the purposes of financing the crime control and prevention district. Not later than the 10th day after the date the municipality receives money under this section from the comptroller, the municipality shall make the distribution in the proportion that the crime control and prevention portion of the tax rate bears to the total sales and use tax rate of the municipality.
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(g)iiFor purposes of the tax imposed under this section, a reference in this chapter to the municipality as the territory in which the tax or an incident of the tax applies means only the territory located in the crime control and prevention district, if that district is composed of an area less than an entire municipality.
(h)iiThe comptroller may adopt rules and the governing body of the municipality may adopt orders to administer this section.
SECTIONi6.ii(a)iiIn a crime control and prevention district created by a municipality before the effective date of this Act, an item, transaction, or service that is taxable in the municipality under a sales or use tax authorized by Chapter 321, Tax Code, is taxable under Section 321.108, Tax Code, as added by this Act, for the district, and an item, transaction, or service that is not taxable in the municipality under a sales or use tax authorized by Chapter 321, Tax Code, is not taxable under Section 321.108, Tax Code, as added by this Act, for the district.
(b)iiThe comptroller shall implement any change necessary as a result of the change in law made by this Act on or before January 1, 2008.
SECTIONi7.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, 2007.
HB 3518 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Creighton called up with senate amendments for consideration at this time,
HB 3518, A bill to be entitled An Act relating to the extension of, addition to, or modification of existing restrictive covenants in certain residential subdivisions.
Representative Creighton moved to concur in the senate amendments to HBi3518.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1793): 138 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6089
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Crownover; Gattis; Kolkhorst; Turner.
Absent — Dunnam; Moreno; Oliveira; Van Arsdale.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 3518 by adding an appropriately numbered SECTION to the bill to read as follows, and renumbering subsequent SECTIONS accordingly:
SECTION ____. "This Act takes effect only if SB 979, Acts of the 80th Legislature, Regular Session 2007, does not become law. If that bill becomes law, this Act has no effect."
HB 1250 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative C. Howard called up with senate amendments for consideration at this time,
HB 1250, A bill to be entitled An Act relating to prohibiting discrimination based on a student's secondary school in awarding certain financial aid for higher education.
Representative C. Howard moved to concur in the senate amendments to HBi1250.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1794): 135 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory
6090 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Crownover; Gattis; Kolkhorst; Turner.
Absent — Dutton; Gallego; Hamilton; Hochberg; King, S.; Moreno; Oliveira.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 1250 (Senate Committee Printing) by:
(1) On page 1, lines 14 through 49, strike SECTION 1 of the bill and renumber accordingly.
(2) On page 2, line 19, strike "Sections 56.304(a) and" substitute with "Section".
HB 2563 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Hancock called up with senate amendments for consideration at this time,
HB 2563, A bill to be entitled An Act relating to the powers and duties of the boards of trustees and superintendents of independent school districts and of regional education service centers.
Representative Hancock moved to concur in the senate amendments to HBi2563.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1795): 132 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; McCall; McClendon; McReynolds; Menendez;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6091
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Crownover; Gattis; Kolkhorst; Turner.
Absent — Coleman; Gallego; Hochberg; Martinez Fischer; Moreno; Mowery; Oliveira; Smithee; Van Arsdale; Veasey.
STATEMENT OF VOTE
When Record No. 1795 was taken, I was in the house but away from my desk. I would have voted yes.
Martinez Fischer
Senate Committee Substitute
CSHB 2563, A bill to be entitled An Act relating to the powers and duties of the boards of trustees and superintendents of independent school districts and of regional education service centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 11.051, Education Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:
(a)iiAn independent school district is governed by a board of trustees who, as a body corporate, shall:
(1)iioversee the management of the district; and
(2)iiensure that the superintendent implements and monitors plans, procedures, programs, and systems to achieve appropriate, clearly defined, and desired results in the major areas of district operations.
(a-1)iiUnless authorized by the board, a member of the board may not, individually, act on behalf of the board. The board of trustees may act only by majority vote of the members present at a meeting held in compliance with Chapter 551, Government Code, at which a quorum of the board is present and voting. The board shall provide the superintendent an opportunity to present at a meeting an oral or written recommendation to the board on any item that is voted on by the board at the meeting.
SECTIONi2.iiSubchapter C, Chapter 11, Education Code, is amended by adding Section 11.0621 to read as follows:
Sec.i11.0621.iiMEETINGS. The minutes, certified agenda, or recording, as applicable, of a regular or special meeting of the board of trustees must reflect each member's attendance at or absence from the meeting. The minutes or tape recording of an open meeting must be accessible to the public in accordance with Section 551.022, Government Code.
6092 80th LEGISLATURE — REGULAR SESSION
SECTIONi3.iiSubchapter D, Chapter 11, Education Code, is amended by adding Sections 11.1511 and 11.1512 to read as follows:
Sec.i11.1511.iiSPECIFIC POWERS AND DUTIES OF BOARD. (a)iiIn addition to powers and duties under Section 11.151 or other law, the board of trustees of an independent school district has the powers and duties provided by Subsection (b).
(b)iiThe board shall:
(1)iiseek to establish working relationships with other public entities to make effective use of community resources and to serve the needs of public school students in the community;
(2)iiadopt a vision statement and comprehensive goals for the district and the superintendent and monitor progress toward those goals;
(3)iiestablish performance goals for the district concerning:
(A)iithe academic and fiscal performance indicators under Subchapters C and I, Chapter 39, respectively; and
(B)iiany performance indicators adopted by the district;
(4)iiensure that the superintendent:
(A)iiis accountable for achieving performance results;
(B)iirecognizes performance accomplishments; and
(C)iitakes action as necessary to meet performance goals;
(5)iiadopt a policy to establish a district-iand campus-level planning and decision-making process as required under Section 11.251;
(6)iipublish an annual educational performance report as required under Section 39.053;
(7)iiadopt an annual budget for the district as required under Section 44.004;
(8)iiadopt a tax rate each fiscal year as required under Section 26.05, Tax Code;
(9)iimonitor district finances to ensure that the superintendent is properly maintaining the district's financial procedures and records;
(10)iiensure that district fiscal accounts are audited annually as required under Section 44.008;
(11)iipublish an end-of-year financial report for distribution to the community;
(12)iiconduct elections as required by law;
(13)iiby rule, adopt a process through which district personnel, students or the parents or guardians of students, and members of the public may obtain a hearing from the district administrators and the board regarding a complaint;
(14)iimake decisions relating to terminating the employment of district employees employed under a contract to which Chapter 21 applies, including terminating or not renewing an employment contract to which that chapter applies; and
(15)iicarry out other powers and duties as provided by this code or other law.
(c)iiThe board may:
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(1)iiissue bonds and levy, pledge, assess, and collect an annual ad valorem tax to pay the principal and interest on the bonds as authorized under Sections 45.001 and 45.003;
(2)iilevy, assess, and collect an annual ad valorem tax for maintenance and operation of the district as authorized under Sections 45.002 and 45.003;
(3)iiemploy a person to assess or collect the district's taxes as authorized under Section 45.231; and
(4)iienter into contracts as authorized under this code or other law and delegate contractual authority to the superintendent as appropriate.
Sec.i11.1512.iiCOLLABORATION BETWEEN BOARD AND SUPERINTENDENT. (a)iiIn relation to the superintendent of the school district, the board of trustees of the district has the powers and duties specified by Sections 11.1511(b) and (c). The superintendent shall, on a day-to-day basis, ensure the implementation of the policies created by the board.
(b)iiThe board of trustees and the superintendent shall work together to:
(1)iiadvocate for the high achievement of all district students;
(2)iicreate and support connections with community organizations to provide community-wide support for the high achievement of all district students;
(3)iiprovide educational leadership for the district, including leadership in developing the district vision statement and long-range educational plan;
(4)iiestablish district-wide policies and annual goals that are tied directly to the district's vision statement and long-range educational plan;
(5)iisupport the professional development of principals, teachers, and other staff; and
(6)iiperiodically evaluate board and superintendent leadership, governance, and teamwork.
SECTIONi4.iiSection 11.163, Education Code, is redesignated as Section 11.1513, Education Code, and amended to read as follows:
Sec.i11.1513i[11.163].iiEMPLOYMENT POLICY. (a) The board of
trustees of each independent school district shall adopt a policy providing for the
employment and duties of district personnel. The employment policy must
provide that:
(1)iithe board employs and evaluates the superintendent;
(2)iithe superintendent has sole authority to make recommendations to the board regarding the selection of all personnel other than the superintendent, except that the board may delegate final authority for those decisions to the superintendent; and
(3)i[(2)]iieach principal must approve each teacher or staff appointment
to the principal's campus as provided by Section 11.202.
(b)iiThe board of trustees may accept or reject the superintendent's recommendation regarding the selection of district personnel and shall include the board's acceptance or rejection in the minutes of the board's meeting, as required under Section 551.021, Government Code, in the certified agenda or tape recording required under Section 551.103, Government Code, or in the recording
6094 80th LEGISLATURE — REGULAR SESSION
(c)iiThe employment policy may:
(1)iispecify the terms of employment with the district;
(2)iidelegate to the superintendent the authority to determine the terms of employment with the district; or
(3)iiinclude a provision for providing each current district employee with an opportunity to participate in a process for transferring to another school in or position with the district.
(d)iiThe employment policy must provide that not later than the 10th school day before the date on which a district fills a vacant position for which a certificate or license is required as provided by Section 21.003, other than a position that affects the safety and security of students as determined by the board of trustees, the district must provide to each current district employee:
(1)iinotice of the position by posting the position on:
(A)iia bulletin board at:
(i)iia place convenient to the public in the district's central administrative office; and
(ii)iithe central administrative office of each campus in the district during any time the office is open; and
(B)iithe district's Internet website, if the district has a website; and
(2)iia reasonable opportunity to apply for the position.
(e)iiIf, during the school year, the district must fill a vacant position held by a teacher, as defined by Section 21.201, in less than 10 school days, the district:
(1)iimust provide notice of the position in the manner described by Subsection (d)(1) as soon as possible after the vacancy occurs;
(2)iiis not required to provide the notice for 10 school days before filling the position; and
(3)iiis not required to comply with Subsection (d)(2).
(f)iiIf, under the employment policy, the board of trustees delegates to the superintendent the final authority to select district personnel:
(1)iithe superintendent is a public official for purposes of Chapter 573, Government Code, only with respect to a decision made under that delegation of authority; and
(2)iieach member of the board of trustees remains subject to Chapter 573, Government Code, with respect to all district employees.
(g)iiSubsection (f) does not apply to a school district that is located:
(1)iiwholly in a county with a population of less than 35,000; or
(2)iiin more than one county, if the county in which the largest portion of the district territory is located has a population of less than 35,000.
(h)iiFor purposes of Subsection (f), a person hired by a school district before September 1, 2007, is considered to have been in continuous employment as provided by Section 573.062(a), Government Code, and is not prohibited from continuing employment with the district subject to the restrictions of Section 573.062(b), Government Code.
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(i)iiIf before September 1, 2007, a noncontract employee of the district was entitled to pursue a grievance to the board relating to the termination of the employee, this section may not be construed to interfere with or infringe on the right of the employee to pursue such a grievance on or after that date.
(j)iiThe employment policy must provide each school district employee with the right to present grievances to the district board of trustees.
SECTIONi5.iiSection 11.159(b), Education Code, is amended to read as follows:
(b)iiA trustee must complete any training required by the State Board of Education. The minutes of the last regular meeting of the board of trustees held during a calendar year must reflect whether each trustee has met or is delinquent in meeting the training required to be completed as of the date of the meeting.
SECTIONi6.iiSection 11.201(d), Education Code, is amended to read as follows:
(d)iiThe duties of the superintendent include:
(1)iiassuming administrative responsibility and leadership for the planning, organization, operation, supervision, and evaluation of the education programs, services, and facilities of the district and for the annual performance appraisal of the district's staff;
(2)iiexcept as provided by Section 11.202, assuming administrative authority and responsibility for the assignment, supervision, and evaluation of all personnel of the district other than the superintendent;
(3)iioverseeing compliance with the standards for school facilities
established by the commissioner under Section 46.008 [making recommendations
regarding the selection of personnel of the district other than the superintendent,
as provided by Section 11.163];
(4)iiinitiating the termination or suspension of an employee or the nonrenewal of an employee's term contract;
(5)iimanaging the day-to-day operations of the district as its administrative manager, including implementing and monitoring plans, procedures, programs, and systems to achieve clearly defined and desired results in major areas of district operations;
(6)iipreparing and submitting to the board of trustees a proposed budget as provided by Section 44.002 and rules adopted under that section, and administering the budget;
(7)iipreparing recommendations for policies to be adopted by the board of trustees and overseeing the implementation of adopted policies;
(8)iideveloping or causing to be developed appropriate administrative regulations to implement policies established by the board of trustees;
(9)iiproviding leadership for the attainment and, if necessary, improvement of student performance in the district based on the indicators adopted under Section 39.051 and other indicators adopted by the State Board of Education or the district's board of trustees;
(10)iiorganizing the district's central administration; [and]
(11)iiconsulting with the district-level committee as required under Section 11.252(f);
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(12)iiensuring:
(A)iiadoption of a student code of conduct as required under Section 37.001 and enforcement of that code of conduct; and
(B)iiadoption and enforcement of other student disciplinary rules and procedures as necessary;
(13)iisubmitting reports as required by state or federal law, rule, or regulation;
(14)iiproviding joint leadership with the board of trustees to ensure that the responsibilities of the board and superintendent team are carried out; and
(15)iiperforming any other duties assigned by action of the board of trustees.
SECTIONi7.iiSubchapter A, Chapter 8, Education Code, is amended by adding Section 8.011 to read as follows:
Sec.i8.011.iiNEPOTISM PROHIBITION.iiFor purposes of all employees of each regional education service center, the executive director and each member of the board of directors are public officials subject to Chapter 573, Government Code.
SECTIONi8.iiThis Act takes effect September 1, 2007.
HB 2093 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Hill called up with senate amendments for consideration at this time,
HB 2093, A bill to be entitled An Act relating to the enforcement of motor carrier registration and overweight and oversize permits.
Representative Hill moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2093.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 2093: Hill, chair; Deshotel, Harper-Brown, Krusee, and Phillips.
HB 2714 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Bonnen called up with senate amendments for consideration at this time,
HB 2714, A bill to be entitled An Act relating to a program for the recycling of computer equipment of consumers in this state; providing administrative penalties.
Representative Bonnen moved to concur in the senate amendments to HBi2714.
A record vote was requested.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6097
The motion to concur in senate amendments prevailed by (Record 1796): 137 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Van Arsdale; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Crownover; Gattis; Kolkhorst; Turner.
Absent — Mallory Caraway; Merritt; Moreno; Oliveira; Vaught.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 2714 (Senate Committee Printing) by striking all below the enacting clause and substituting the following:
SECTIONi1.iiChapter 361, Health and Safety Code, is amended by adding Subchapter Y to read as follows:
SUBCHAPTER Y. COMPUTER EQUIPMENT RECYCLING PROGRAM
Sec.i361.951.iiSHORT TITLE. This subchapter may be cited as the Manufacturer Responsibility and Consumer Convenience Computer Equipment Collection and Recovery Act.
Sec.i361.952.iiDEFINITIONS. In this subchapter:
(1)ii"Brand" means the name, symbol, logo, trademark, or other information that identifies a product rather than the components of the product.
(2)ii"Computer equipment" means a desktop or notebook computer and includes a computer monitor or other display device that does not contain a tuner.
(3)ii"Consumer" means an individual who uses computer equipment that is purchased primarily for personal or home business use.
(4)ii"Manufacturer" means a person:
(A)iiwho manufactures or manufactured computer equipment under a brand that:
(i)iithe person owns or owned; or
6098 80th LEGISLATURE — REGULAR SESSION
(ii)iithe person is or was licensed to use, other than under a license to manufacture computer equipment for delivery exclusively to or at the order of the licensor;
(B)iiwho sells or sold computer equipment manufactured by others under a brand that:
(i)iithe person owns or owned; or
(ii)iithe person is or was licensed to use, other than under a license to manufacture computer equipment for delivery exclusively to or at the order of the licensor;
(C)iiwho manufactures or manufactured computer equipment without affixing a brand;
(D)iiwho manufactures or manufactured computer equipment to which the person affixes or affixed a brand that:
(i)iithe person does not or has not owned; or
(ii)iithe person is not or was not licensed to use; or
(E)iiwho imports or imported computer equipment manufactured outside the United States into the United States unless at the time of importation the company or licensee that sells or sold the computer equipment to the importer has or had assets or a presence in the United States sufficient to be considered the manufacturer.
(5)ii"Television" means any telecommunication system device that can broadcast or receive moving pictures and sound over a distance and includes a television tuner or a display device peripheral to a computer that contains a television tuner.
Sec.i361.953.iiLEGISLATIVE FINDINGS AND PURPOSE. (a)iiComputers and related display devices are critical elements to the strength and growth of this state's economic prosperity and quality of life. Many of those products can be refurbished and reused, and many contain valuable components that can be recycled.
(b)iiThe purpose of this subchapter is to establish a comprehensive, convenient, and environmentally sound program for the collection, recycling, and reuse of computer equipment that has reached the end of its useful life. The program is based on individual manufacturer responsibility and shared responsibility among consumers, retailers, and the government of this state.
Sec.i361.954.iiAPPLICABILITY. (a)iiThe collection, recycling, and reuse provisions of this subchapter apply to computer equipment used and returned to the manufacturer by a consumer in this state and do not impose any obligation on an owner or operator of a solid waste facility.
(b)iiThis subchapter does not apply to:
(1)iia television, any part of a motor vehicle, a personal digital assistant, or a telephone;
(2)iia consumer's lease of computer equipment or a consumer's use of computer equipment under a lease agreement; or
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6099
(3)iithe sale or lease of computer equipment to an entity when the manufacturer and the entity enter into a contract that effectively addresses the collection, recycling, and reuse of computer equipment that has reached the end of its useful life.
Sec.i361.955.iiMANUFACTURER RESPONSIBILITIES. (a)iiBefore a manufacturer may offer computer equipment for sale in this state, the manufacturer must:
(1)iiadopt and implement a recovery plan; and
(2)iiaffix a permanent, readily visible label to the computer equipment with the manufacturer's brand.
(b)iiThe recovery plan must enable a consumer to recycle computer equipment without paying a separate fee at the time of recycling and must include provisions for:
(1)iithe manufacturer's collection from a consumer of any computer equipment that has reached the end of its useful life and is labeled with the manufacturer's brand; and
(2)iirecycling or reuse of computer equipment collected under Subdivision (1).
(c)iiThe collection of computer equipment provided under the recovery plan must be:
(1)iireasonably convenient and available to consumers in this state; and
(2)iidesigned to meet the collection needs of consumers in this state.
(d)iiExamples of collection methods that alone or combined meet the convenience requirements of this section include:
(1)iia system by which the manufacturer or the manufacturer's designee offers the consumer a system for returning computer equipment by mail;
(2)iia system using a physical collection site that the manufacturer or the manufacturer's designee keeps open and staffed and to which the consumer may return computer equipment; and
(3)iia system using a collection event held by the manufacturer or the manufacturer's designee at which the consumer may return computer equipment.
(e)iiCollection services under this section may use existing collection and consolidation infrastructure for handling computer equipment and may include electronic recyclers and repair shops, recyclers of other commodities, reuse organizations, not-for-profit corporations, retailers, recyclers, and other suitable operations.
(f)iiThe recovery plan must include information for the consumer on how and where to return the manufacturer's computer equipment. The manufacturer:
(1)iishall include collection, recycling, and reuse information on the manufacturer's publicly available Internet site;
(2)iishall provide collection, recycling, and reuse information to the commission; and
(3)iimay include collection, recycling, and reuse information in the packaging for or in other materials that accompany the manufacturer's computer equipment when the equipment is sold.
6100 80th LEGISLATURE — REGULAR SESSION
(g)iiInformation about collection, recycling, and reuse on a manufacturer's publicly available Internet site does not constitute a determination by the commission that the manufacturer's recovery plan or actual practices are in compliance with this subchapter or other law.
(h)iiEach manufacturer shall submit a report to the commission not later than January 31 of each year that includes:
(1)iithe weight of computer equipment collected, recycled, and reused during the preceding calendar year; and
(2)iidocumentation verifying the collection, recycling, and reuse of that computer equipment in a manner that complies with Section 361.964 regarding sound environmental management.
(i)iiIf more than one person is a manufacturer of a certain brand of computer equipment as defined by Section 361.952, any of those persons may assume responsibility for and satisfy the obligations of a manufacturer under this subchapter for that brand. If none of those persons assumes responsibility or satisfies the obligations of a manufacturer for the computer equipment of that brand, the commission may consider any of those persons to be the responsible manufacturer for purposes of this subchapter.
(j)iiThe obligations under this subchapter of a manufacturer who manufactures or manufactured computer equipment, or sells or sold computer equipment manufactured by others, under a brand that was previously used by a different person in the manufacture of the computer equipment extends to all computer equipment bearing that brand regardless of its date of manufacture.
Sec.i361.956.iiRETAILER RESPONSIBILITY. (a)iiA person who is a retailer of computer equipment may not sell or offer to sell new computer equipment in this state unless the equipment is labeled with the manufacturer's label and the manufacturer is included on the commission's list of manufacturers that have recovery plans.
(b)iiRetailers can go to the commission's Internet site as outlined in Section 361.958 and view all manufacturers that are listed as having registered a compliant collection program. Covered electronic products from manufacturers on that list may be sold in or into the State of Texas.
(c)iiA retailer is not required to collect computer equipment for recycling or reuse under this subchapter.
Sec.i361.957.iiLIABILITY. (a)iiA manufacturer or retailer of computer equipment is not liable in any way for information in any form that a consumer leaves on computer equipment that is collected, recycled, or reused under this subchapter.
(b)iiThis subchapter does not exempt a person from liability under other law.
Sec.i361.958.iiCOMMISSION'S EDUCATION RESPONSIBILITIES. (a)iiThe commission shall educate consumers regarding the collection, recycling, and reuse of computer equipment.
(b)iiThe commission shall host or designate another person to host an Internet site providing consumers with information about the recycling and reuse of computer equipment, including best management practices and information about and links to information on:
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(1)iimanufacturers' collection, recycling, and reuse programs, including manufacturers' recovery plans; and
(2)iicomputer equipment collection events, collection sites, and community computer equipment recycling and reuse programs.
Sec.i361.959.iiENFORCEMENT. (a)iiThe commission may conduct audits and inspections to determine compliance with this subchapter.
(b)iiThe commission and the attorney general, as appropriate, shall enforce this subchapter and, except as provided by Subsections (d) and (e), take enforcement action against any manufacturer, retailer, or person who recycles or reuses computer equipment for failure to comply with this subchapter.
(c)iiThe attorney general may file suit under Section 7.032, Water Code, to enjoin an activity related to the sale of computer equipment in violation of this subchapter.
(d)iiThe commission shall issue a warning notice to a person on the person's first violation of this subchapter. The person must comply with this subchapter not later than the 60th day after the date the warning notice is issued.
(e)iiA retailer who receives a warning notice from the commission that the retailer's inventory violates this subchapter because it includes computer equipment from a manufacturer that has not submitted the recovery plan required by Section 361.955 must bring the inventory into compliance with this subchapter not later than the 60th day after the date the warning notice is issued.
Sec.i361.960.iiFINANCIAL AND PROPRIETARY INFORMATION. Financial or proprietary information submitted to the commission under this subchapter is exempt from public disclosure under Chapter 552, Government Code.
Sec.i361.961.iiANNUAL REPORT TO LEGISLATURE. The commission shall compile information from manufacturers and issue an electronic report to the committee in each house of the legislature having primary jurisdiction over environmental matters not later than March 1 of each year.
Sec.i361.962.iiFEES NOT AUTHORIZED. This subchapter does not authorize the commission to impose a fee, including a recycling fee or registration fee, on a consumer, manufacturer, retailer, or person who recycles or reuses computer equipment.
Sec.i361.963.iiCONSUMER RESPONSIBILITIES. (a)iiA consumer is responsible for any information in any form left on the consumer's computer equipment that is collected, recycled, or reused.
(b)iiA consumer is encouraged to learn about recommended methods for recycling and reuse of computer equipment that has reached the end of its useful life by visiting the commission's and manufacturers' Internet sites.
Sec.i361.964.iiSOUND ENVIRONMENTAL MANAGEMENT. (a)iiAll computer equipment collected under this subchapter must be recycled or reused in a manner that complies with federal, state, and local law.
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(b)iiThe commission shall adopt as standards for recycling or reuse of computer equipment in this state the standards provided by "Electronics Recycling Operating Practices" as approved by the board of directors of the Institute of Scrap Recycling Industries, Inc., April 25, 2006, or other standards from a comparable nationally recognized organization.
Sec.i361.965.iiSTATE PROCUREMENT REQUIREMENTS. (a)iiIn this section, "state agency" has the meaning assigned by Section 2052.101, Government Code.
(b)iiA person who submits a bid for a contract with a state agency for the purchase or lease of computer equipment must be in compliance with this subchapter.
(c)iiA state agency that purchases or leases computer equipment shall require each prospective bidder to certify the bidder's compliance with this subchapter. Failure to provide that certification renders the prospective bidder ineligible to participate in the bidding.
(d)iiIn considering bids for a contract for computer equipment, in addition to any other preferences provided under other laws of this state, the state shall give special preference to a manufacturer that has a program to recycle the computer equipment of other manufacturers, including collection events and manufacturer initiatives to accept computer equipment labeled with another manufacturer's brand.
(e)iiThe Texas Building and Procurement Commission and the Department of Information Resources shall adopt rules to implement this section.
Sec.i361.966.iiFEDERAL PREEMPTION; EXPIRATION. (a)iiIf federal law establishes a national program for the collection and recycling of computer equipment and the commission determines that the federal law substantially meets the purposes of this subchapter, the commission may adopt an agency statement that interprets the federal law as preemptive of this subchapter.
(b)iiThis subchapter expires on the date the commission issues a statement under this section.
SECTIONi2.iiSection 7.052, Water Code, is amended by adding Subsections (b-1) and (b-2) to read as follows:
(b-1)iiThe amount of the penalty assessed against a manufacturer that does not label its computer equipment or adopt and implement a recovery plan as required by Section 361.955, Health and Safety Code, may not exceed $10,000 for the second violation or $25,000 for each subsequent violation. A penalty under this subsection is in addition to any other penalty that may be assessed for a violation of Subchapter Y, Chapter 361, Health and Safety Code.
(b-2)iiExcept as provided by Subsection (b-1), the amount of the penalty for a violation of Subchapter Y, Chapter 361, Health and Safety Code, may not exceed $1,000 for the second violation or $2,000 for each subsequent violation. A penalty under this subsection is in addition to any other penalty that may be assessed for a violation of Subchapter Y, Chapter 361, Health and Safety Code.
SECTIONi3.iiSection 7.069, Water Code, is amended to read as follows:
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Sec.i7.069.iiDISPOSITION OF PENALTY. (a)iiExcept as provided by
Subsection (b), a [A] penalty collected under this subchapter shall be deposited to
the credit of the general revenue fund.
(b)iiA penalty collected under Section 7.052(b-1) or (b-2) shall be paid to the commission and deposited to the credit of the waste management account.
SECTIONi4.ii(a)iiThe Texas Commission on Environmental Quality shall adopt any rules required to implement this Act not later than May 1, 2008.
(b)iiThis Act may not be enforced before September 1, 2008.
(c)iiThe reports required under Sections 361.955 and 361.961, Health and Safety Code, as added by this Act, are not required to be prepared or submitted for the first time before the dates specified by those sections in 2010.
(d)iiNotwithstanding the 60-day limit under Section 361.959(d) or (e), Health and Safety Code, as added by this Act, a retailer may sell any inventory accrued before the effective date of this Act without incurring a penalty.
SECTIONi5.iiThis Act takes effect September 1, 2007.
HB 2814 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Eissler called up with senate amendments for consideration at this time,
HB 2814, A bill to be entitled An Act relating to a pilot project for language immersion in English and another language in certain school districts and charter schools.
Representative Eissler moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2814.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 2814: Eissler, chair; Delisi, Patrick, Zedler, and Hochberg.
HB 1481 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Castro called up with senate amendments for consideration at this time,
HB 1481, A bill to be entitled An Act relating to standing for certain individuals to file a suit affecting the parent-child relationship.
Representative Castro moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 1481.
The motion prevailed.
6104 80th LEGISLATURE — REGULAR SESSION
The chair announced the appointment of the following conference committee, on the part of the house, on HB 1481: Castro, chair; Rodriguez, Chavez, Gattis, and Riddle.
HB 2823 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Bohac called up with senate amendments for consideration at this time,
HB 2823, A bill to be entitled An Act relating to provisional voting by a person who applied for an early voting ballot by mail.
Representative Bohac moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2823.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 2823: Bohac, chair; Berman, C. Howard, Anchia, and Farias.
HB 2864 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Harper-Brown called up with senate amendments for consideration at this time,
HB 2864, A bill to be entitled An Act relating to a pilot program to provide supplemental technology-based instruction to students in rural school districts.
Representative Harper-Brown moved to concur in the senate amendments to HBi2864.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1797): 129 Yeas, 0 Nays, 3 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Hernandez; Herrero; Hilderbran; Hill; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6105
Present, not voting — Mr. Speaker; Dutton; Taylor(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Crownover; Gattis; Kolkhorst; Turner.
Absent — Coleman; Deshotel; Dunnam; Heflin; Hochberg; Martinez; Moreno; Oliveira; Pierson; Rose; Swinford; Van Arsdale.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 2864 in Section 1 of the bill, in added Section 29.919, Education Code (Senate committee printing, page 1, lines 62 through 64), by striking added Subsection (f) and substituting the following:
(f)iiA campus participating in the program must provide students with individual access to technology-based supplemental instruction for at least 10 hours each week.
HB 3496 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Otto called up with senate amendments for consideration at this time,
HB 3496, A bill to be entitled An Act relating to the deadlines for the delivery or filing of certain ad valorem tax notices.
Representative Otto moved to concur in the senate amendments to HBi3496.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1798): 135 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter;
6106 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Crownover; Gattis; Kolkhorst; Turner.
Absent — Dunnam; Gallego; Hochberg; Laubenberg; Moreno; Oliveira; Orr.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 3496 (Senate committee printing) by adding the following SECTION to the bill, appropriately numbered, and renumbering subsequent SECTIONS accordingly:
SECTIONi____.ii(a) Section 41.411(c), Tax Code, is amended to read as follows:
(c)iiA property owner who protests as provided by this section must comply
with the payment requirements of Section 42.08 or the property owner [he]
forfeits the property owner's [his] right to a final determination of the [his]
protest. The delinquency date for purposes of Section 42.08(b) for the taxes on
the property subject to a protest under this section is postponed to the 125th day
after the date that one or more taxing units first delivered written notice of the
taxes due on the property, as determined by the appraisal review board at a
hearing under Section 41.44(c-3).
(b)iiSection 41.44, Tax Code, is amended by adding Subsection (c-3) to read as follows:
(c-3)iiNotwithstanding Subsection (c), a property owner who files a protest under Section 41.411 on or after the date the taxes on the property to which the notice applies become delinquent, but not later than the 125th day after the property owner, in the protest filed, claims to have first received written notice of the taxes in question, is entitled to a hearing solely on the issue of whether one or more taxing units timely delivered a tax bill. If at the hearing the appraisal review board determines that all of the taxing units failed to timely deliver a tax bill, the board shall determine the date on which at least one taxing unit first delivered written notice of the taxes in question, and for the purposes of this section the delinquency date is postponed to the 125th day after that date.
(c)iiThe change in law made by this section applies only to an ad valorem tax protest filed on or after the effective date of this Act. An ad valorem tax protest filed before the effective date of this Act is governed by the law in effect at the time the protest was filed, and the former law is continued in effect for that purpose.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6107
Senate Amendment No. 2 (Senate Floor Amendment No. 2)
Amend HB 3496 by adding the following appropriately numbered SECTION to read as follows and renumbering subsequent SECTIONS accordingly:
SECTION ____. Section 31.01, Tax Code, is amended by adding Subsection (d-2) to read as follows:
(d-2) This subsection applies only to a school district and only in connection with taxes imposed by the district in 2007. This subsection expires January 1, 2008. In addition to any other information required by this section, the tax bill or separate statement shall separately state:
(1) the amount of tax that would be imposed by applying the district's maintenance and operations rate for the 2005 tax year to current total value for 2007;
(2) the amount of tax that would be imposed by applying the district's maintenance and operations rate for the 2007 tax year to current total value for 2007; and
(3) the amount, if any, by which the amount calculated under Subdivision (1) exceeds the amount calculated under Subdivision (2), which must be labeled "Estimate of school district maintenance and operations property tax savings attributable to HB 1, Acts of the 79th Legislature, 3rd Called Session, 2006, and appropriations of state funds by the 80th Legislature".
HB 2935 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Morrison called up with senate amendments for consideration at this time,
HB 2935, A bill to be entitled An Act relating to the regulation of cigarettes; providing a penalty.
Representative Morrison moved to concur in the senate amendments to HBi2935.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1799): 131 Yeas, 4 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Dukes; Dunnam; Dutton; Eiland; Eissler; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Hamilton; Hancock; Hardcastle; Harless; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller;
6108 80th LEGISLATURE — REGULAR SESSION
Nays — Bonnen; Crabb; Harper-Brown; Riddle.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Crownover; Gattis; Kolkhorst; Turner.
Absent — Driver; Elkins; Haggerty; Krusee; Moreno; Oliveira; Van Arsdale.
Senate Committee Substitute
CSHB 2935, A bill to be entitled An Act relating to the regulation of cigarettes; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubtitle C, Title 9, Health and Safety Code, is amended by adding Chapter 796 to read as follows:
CHAPTER 796. CIGARETTE FIRE SAFETY STANDARDS
Sec.i796.001.iiDEFINITIONS. In this chapter:
(1)ii"Agent" means a person licensed by the comptroller to purchase and affix adhesive or meter stamps on packages of cigarettes.
(2)ii"Cigarette" means a roll for smoking:
(A)iithat is made of tobacco or tobacco mixed with another ingredient and wrapped or covered with a material other than tobacco; or
(B)iithat is wrapped in any substance containing tobacco that, because of the roll's appearance, the type of tobacco used in the filler, or the roll's packaging and labeling, is likely to be offered to or purchased by a consumer as a cigarette.
(3)ii"Manufacturer" means:
(A)iia person that manufactures or otherwise produces cigarettes for sale in this state, including cigarettes intended to be sold through an importer; or
(B)iithe first purchaser that intends to resell in this state cigarettes manufactured anywhere that the original manufacturer does not intend to be sold in this state.
(4)ii"Retailer" means a person, other than a wholesale dealer, engaged in selling cigarettes or tobacco products.
(5)ii"Sale" means any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means or any agreement. The term includes, in addition to sales using cash or credit, the giving of a cigarette as a sample, prize, or gift and the exchange of a cigarette for any consideration other than money.
(6)ii"Sell" means to sell or to offer or agree to sell.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6109
(7)ii"Wholesale dealer" means a person who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, including a person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in premises owned or occupied by another person.
Sec.i796.002.iiREQUIREMENTS FOR SALE OF CIGARETTE. A cigarette may not be sold or offered for sale in this state unless:
(1)iithe cigarette has been tested in accordance with Section 796.003;
(2)iithe cigarette meets the performance standard under Section 796.003;
(3)iia written certification has been filed by the manufacturer with the state fire marshal in accordance with Section 796.005; and
(4)iithe cigarette has been marked in accordance with Section 796.006.
Sec.i796.003.iiTESTING. (a) A manufacturer of cigarettes shall ensure that tests on cigarettes are conducted:
(1)iiin accordance with Standard Test Method for Measuring the Ignition Strength of Cigarettes, E2187-04, by the American Society of Testing and Materials, as that standard existed on January 1, 2007;
(2)iion 10 layers of filter paper; and
(3)iiin a complete test trial of 40 replica tests.
(b)iiNot more than 25 percent of the cigarettes tested in a test trial in accordance with this section may exhibit full-length burns.
(c)iiThe performance standard required by this section shall only be applied to a complete test trial.
(d)iiA written certification shall be based on testing conducted by a laboratory that has been accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization, or another comparable accreditation standard required by the state fire marshal.
(e)iiA laboratory testing in accordance with this section shall implement a quality control and quality assurance program to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. The program must include a procedure to determine the repeatability of the testing results. The repeatability value may not be greater than 0.19. For purposes of this subsection, "repeatability value" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.
(f)iiThe state fire marshal may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes on finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard in Subsection (b).
(g)iiA cigarette submitted for testing that uses lowered permeability bands in the cigarette paper to comply with the performance standard under this section must have at least two nominally identical bands on the paper surrounding the tobacco column and at least one complete band not less than 15 millimeters from the lighting end of the cigarette. A cigarette on which the bands are positioned by
6110 80th LEGISLATURE — REGULAR SESSION
(h)iiThis section does not require additional testing if a cigarette is tested in a manner that is consistent with this chapter for any other purpose.
(i)iiTesting performed or sponsored by the state fire marshal to determine a cigarette's compliance with the performance standard required under this section shall be conducted in accordance with this section.
Sec.i796.004.iiALTERNATIVE TEST METHODS. (a) A manufacturer of a cigarette that the state fire marshal determines cannot be tested in accordance with Section 796.003 shall propose a test method and performance standard for the cigarette to the state fire marshal. If the state fire marshal determines that the performance standard proposed by the manufacturer is equivalent to the performance standard under Section 796.003, the manufacturer may use the proposed test method.
(b)iiUnless the state fire marshal demonstrates a reasonable basis why an alternative test should not be accepted under this chapter, the state fire marshal shall authorize a manufacturer to employ the alternative test method and performance standard to certify a cigarette for sale in this state if the state fire marshal:
(1)iidetermines that another state has enacted reduced cigarette ignition propensity standards that include a test method and performance standard that are the same as those contained in this chapter; and
(2)iifinds that the officials responsible for implementing those requirements have approved an alternative test method and performance standard for a particular cigarette proposed by a manufacturer as meeting the fire safety standards of that state's law or regulation under a legal provision comparable to this section.
Sec.i796.005.iiCERTIFICATION. (a) Before a cigarette may be sold or offered for sale in this state, the cigarette's manufacturer must certify in writing to the state fire marshal that the cigarette has been tested in accordance with and meets the performance standard in Section 796.003 or 796.004.
(b)iiA certification filed under this section must include the following information:
(1)iibrand or trade name on the package;
(2)iistyle, such as light or ultra light;
(3)iilength in millimeters;
(4)iicircumference in millimeters;
(5)iiflavor, such as menthol or chocolate, if applicable;
(6)iifilter or nonfilter;
(7)iipackage description, such as soft pack or box;
(8)iimarking approved in accordance with Section 796.006;
(9)iithe name, address, and telephone number of the laboratory, if different from the manufacturer that conducted the test; and
(10)iithe date that the testing occurred.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6111
(c)iiThe state fire marshal shall retain a copy of a certification and provide a copy to the comptroller to ensure compliance with this chapter.
(d)iiA cigarette certified under this section shall be recertified every three years.
(e)iiFor each cigarette included in a certification, a manufacturer shall pay to the state fire marshal a fee in the amount of $250.
(f)iiA cigarette certified under this section that is altered by the manufacturer in a way likely to alter its compliance with the reduced cigarette ignition propensity standards required by this chapter may not be sold or offered for sale in this state unless the manufacturer retests the cigarette in accordance with Section 796.003 or 796.004 and maintains the records required by Section 796.007.
Sec.i796.006.iiMARKING OF PACKAGE. (a) A manufacturer shall mark, in eight-point or larger type, cigarettes certified by the manufacturer in accordance with Section 796.005 to indicate compliance with the requirements of Section 796.003. The marking must consist of:
(1)iimodification of the product Universal Product Code to include a visible mark printed at or around the area of the Universal Product Code and permanently stamped, engraved, embossed, or printed in conjunction with the Universal Product Code;
(2)iia visible combination of alphanumeric or symbolic characters permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or
(3)iiother printed, stamped, engraved, or embossed text that indicates that the cigarettes meet the standards of this chapter.
(b)iiA manufacturer shall present its proposed marking to the state fire marshal for approval. Proposed markings are considered approved if the state fire marshal fails to disapprove the proposed markings on or before the 10th business day after the date the proposed markings are received. The state fire marshal must approve a marking:
(1)iiin use and approved for sale in another state; or
(2)iiwith the letters "FSC" for Fire Standards Compliant appearing in eight-point or larger type and permanently printed, stamped, engraved, or embossed on the package at or near the Universal Product Code.
(c)iiA manufacturer shall use only one type of marking and shall apply the marking uniformly to all packages, including packs, cartons, and cases, and brands marketed by the manufacturer in this state.
(d)iiA manufacturer may not modify its approved marking unless the state fire marshal has approved the modification.
(e)iiA manufacturer shall provide sufficient copies of an illustration of the package marking to a wholesale dealer and agent to which the manufacturer sells cigarettes and provide sufficient copies of an illustration of the package marking used by the manufacturer under this section for each retailer to which the wholesale dealers or agents will sell cigarettes. A wholesale dealer and an agent shall provide a copy of package markings received from a manufacturer to a retail dealer to which the wholesale dealer or agent sells cigarettes. A wholesale dealer,
6112 80th LEGISLATURE — REGULAR SESSION
Sec.i796.007.iiMANUFACTURER RECORDS AND REPORTING. (a) A manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale for the previous three years and shall make copies of the reports available to the state fire marshal on the state fire marshal's written request.
(b)iiA manufacturer that fails to make copies of the reports available not later than 60 days after the date the manufacturer receives a written request shall be subject to a civil penalty, imposed as provided by Section 796.010, in an amount not to exceed $10,000 per violation. Each day that the manufacturer does not make the copies available is a separate violation.
Sec.i796.008.iiRULES. The state fire marshal may adopt rules to administer this chapter.
Sec.i796.009.iiINSPECTION. (a) The state fire marshal may inspect the records and the stock of cigarettes of a person who manufactures, stores, or sells cigarettes to establish whether the person is complying with this chapter.
(b)iiThe comptroller may, in the course of an inspection under Chapter 154, Tax Code, inspect cigarettes for a marking required under Section 796.006 and report the comptroller's findings to the state fire marshal.
Sec.i796.010.iiCIVIL PENALTY; INJUNCTION. (a) A person who knowingly violates this chapter or a rule adopted under this chapter is subject to a civil penalty in the following amounts:
(1)iiif the person is a manufacturer, wholesale dealer, or agent knowingly selling or offering to sell a cigarette in violation of this chapter, a civil penalty not to exceed $100 for each pack of cigarettes sold or offered for sale, but not more than $100,000 for all violations occurring within a 30-day period;
(2)iiif the person is a retailer knowingly selling or offering to sell a cigarette in violation of this chapter, a civil penalty not to exceed $100 for each pack of cigarettes sold or offered for sale, but not more than $25,000 for all violations occurring within a 30-day period;
(3)iiif the person knowingly makes a false certification under Section 796.005, a civil penalty not to exceed $75,000 for a first violation or $250,000 for a second or subsequent violation; and
(4)iiif the person violates another provision of this chapter, other than Section 796.007(b), or another rule adopted under this chapter, a civil penalty not to exceed $1,000 for a first violation or $5,000 for a second or subsequent violation.
(b)iiIf it appears that a person has violated, is violating, or is threatening to violate this chapter or a rule or order adopted under this chapter, the attorney general, as determined by the attorney general or on request of the state fire marshal, may bring a civil action in a district court for:
(1)iiinjunctive relief to restrain the person from continuing the violation or threat of violation;
(2)iithe assessment of a civil penalty; or
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6113
(3)iiboth injunctive relief and a civil penalty.
(c)iiA cigarette sold or offered for sale in violation of this chapter is subject to forfeiture under Chapter 154, Tax Code, except that before a forfeited cigarette may be destroyed, the true holder of the trademark rights in the cigarette brand must be permitted to inspect the cigarette.
(d)iiA civil penalty collected under this section shall be deposited to the credit of the fire prevention and public safety account.
Sec.i796.011.iiFIRE PREVENTION AND PUBLIC SAFETY ACCOUNT. (a) The fire prevention and public safety account is a separate account in the general revenue fund.
(b)iiThe account consists of civil penalties collected under Section 796.010.
(c)iiMoney in the account may be appropriated to the state fire marshal to support fire safety and prevention programs.
Sec.i796.012.iiSALE OUTSIDE OF TEXAS. This chapter does not prohibit a person from manufacturing or selling cigarettes that do not meet the requirements of this chapter if:
(1)iithe cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States; and
(2)iithe person has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale in this state.
Sec.i796.013.iiINTERPRETATION. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform this chapter with the laws of those states that have enacted reduced cigarette ignition propensity laws.
Sec.i796.014.iiCONSUMER TESTING. This chapter does not prohibit the sale of a cigarette solely for the purpose of the cigarette's assessment conducted by a manufacturer, or under the control and direction of a manufacturer:
(1)iito evaluate consumer acceptance of the cigarette by using only the quantity of cigarettes that is reasonably necessary for the assessment; and
(2)iiin a controlled setting in which the cigarettes are either consumed on-site or returned to the testing administrators at the conclusion of the testing.
Sec.i796.015.iiLOCAL REGULATION. A political subdivision of this state may not adopt or enforce any ordinance or other regulation conflicting with, or preempted by, any provision of this chapter or with any policy of this state expressed by this chapter, whether that policy be expressed by inclusion of a provision in the chapter or by exclusion of that subject from the chapter.
Sec.i796.016.iiFEDERAL REGULATION. On and after the date that a federal reduced cigarette ignition propensity standard that preempts this chapter is adopted and becomes effective, this chapter has no effect.
Sec.i796.017.iiREPORTS. Not later than January 1 of each odd-numbered year, the state fire marshal shall:
(1)iireview the effectiveness of this chapter;
(2)iisubmit a report to the governor, the lieutenant governor, the speaker of the house of representatives, and the appropriate committees of the legislature on the state fire marshal's administration of this chapter; and
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(3)iimake recommendations to improve the effectiveness of this chapter, if appropriate.
SECTIONi2.ii(a) Subject to Subsection (b) of this section, the change in law made by Chapter 796, Health and Safety Code, as added by this Act, does not prohibit a wholesale dealer or retailer from selling the person's existing inventory of cigarettes on or after the effective date of this Act if the person can establish that state tax stamps were affixed to the cigarettes before the effective date of this Act in a quantity that is comparable to the quantity of cigarettes purchased by the person during the previous year.
(b)iiA person may not sell or offer for sale a cigarette in this state that does not comply with Chapter 796, Health and Safety Code, as added by this Act, after January 1, 2010.
SECTIONi3.iiThis Act takes effect January 1, 2009.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 2935 (senate committee printing) as follows:
(1)iiIn SECTION 1 of the bill, in proposed Section 796.005(e), Health and Safety Code (page 3, line 32), between "$250" and the period, insert ", to be deposited only to the Texas Department of Insurance operating account in the general revenue fund".
(2)iiIn SECTION 1 of the bill, in proposed Section 796.011(c), Health and Safety Code (page 5, line 11), between "appropriated" and "to", insert "only".
Senate Amendment No. 2 (Senate Floor Amendment No. 2)
Amend CSHB 2935 in SECTION 1 of the bill by striking proposed Section 796.014, Health and Safety Code (senate committee printing, page 5, lines 26 through 35), and substituting the following:
Sec.i796.014.iiCONSUMER TESTING. This chapter does not prohibit the sale of a cigarette solely for the purpose of the cigarette's assessment conducted by a manufacturer, or under the control and direction of a manufacturer, to evaluate consumer acceptance of the cigarette by using only the quantity of cigarettes that is reasonably necessary for the assessment.
HB 2909 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Rose called up with senate amendments for consideration at this time,
HB 2909, A bill to be entitled An Act relating to the authority of the governing body of a taxing unit to elect not to impose or collect taxes on real property erroneously omitted from the appraisal roll or tax roll in a previous year.
Representative Rose moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2909.
The motion prevailed.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6115
The chair announced the appointment of the following conference committee, on the part of the house, on HB 2909: Gattis, chair; Creighton, Martinez Fischer, Rodriguez, and Van Arsdale.
HB 3594 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Guillen called up with senate amendments for consideration at this time,
HB 3594, A bill to be entitled An Act relating to motor vehicle inspection facilities near the border of this state and Mexico.
Representative Guillen moved to concur in the senate amendments to HBi3594.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1800): 137 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Crownover; Gattis; Kolkhorst; Turner.
Absent — Cohen; Krusee; Moreno; Morrison; Oliveira.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 3594 (senate committee printing) in SECTION 1 of the bill, as follows:
(1) In amended Subsection (c), Section 201.613, Transportation Code (page 1, line 35), strike "Only one inspection facility shall" and substitute "One or more inspection facilities may".
6116 80th LEGISLATURE — REGULAR SESSION
(2) In amended Subsection (d) (1), Section 201.613, Transportation Code (page 1, line 45), strike ", and"
(3) In amended Subsection (d) (2), Section 201.613, Transportation Code (page 1, line 47), strike "." and insert: ;
(3) choose a location within one mile of an international border;
(4) choose a location within one mile of the U.S. Customs and Border Protection federal port of entry; and
(5) choose a location that provides a dedicated route for commercial vehicles coming from the federal port of entry to the state port of entry commercial vehicle inspection station.
HB 1391 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Giddings called up with senate amendments for consideration at this time,
HB 1391, A bill to be entitled An Act relating to the provision of water and utility service.
Representative Giddings moved to concur in the senate amendments to HBi1391.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1801): 133 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Thompson; Truitt; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Crownover; Gattis; Kolkhorst; Turner.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6117
Absent — Chavez; Deshotel; Hamilton; Moreno; Oliveira; Peña; Swinford; Talton; Van Arsdale.
Senate Committee Substitute
CSHB 1391, A bill to be entitled An Act relating to the provision of water and utility service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter C, Chapter 341, Health and Safety Code, is amended by adding Section 341.0357 to read as follows:
Sec.i341.0357.iiPUBLIC SAFETY STANDARDS. (a) In this section:
(1)ii"Public utility" has the meaning assigned by Section 13.002, Water Code.
(2)ii"Regulatory authority" has the meaning assigned by Section 13.002, Water Code.
(3)ii"Residential area" means:
(A)iian area designated as a residential zoning district by a governing ordinance or code or an area in which the principal land use is for private residences;
(B)iia subdivision for which a plat is recorded in the real property records of the county and that contains or is bounded by public streets or parts of public streets that are abutted by residential property occupying at least 75 percent of the front footage along the block face; or
(C)iia subdivision a majority of the lots of which are subject to deed restrictions limiting the lots to residential use.
(b)iiThe regulatory authority for a public utility shall by rule or ordinance adopt standards for maintaining sufficient water pressure for service to fire hydrants adequate to protect public safety in residential areas in a municipality with a population of 1,000,000 or more.
(c)iiThe commission shall assess residential areas in a municipality with a population of 1,000,000 or more to ensure that:
(1)iithe regulatory authority for the area has adopted the standards required by this section; and
(2)iiall public utilities serving the residential area are complying with the standards required by this section.
(d)iiThe commission shall require a municipality with a population of 1,000,000 or more and acting as a regulatory authority to make appropriate revisions to standards the commission considers to be inadequate within a reasonable time established by the commission.
(e)iiThe commission shall require a public utility in violation of a standard required under this section and established by the commission or by a municipality with a population of 1,000,000 or more and acting as a regulatory authority to comply with the standard within a reasonable time established by the commission.
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(f)iiThis section does not limit the authority of a municipality with a population of 1,000,000 or more and acting as a regulatory authority to prohibit a public utility in violation of a standard established by the municipality from recovering through the public utility's rates a penalty or fine incurred for a violation of a standard.
SECTIONi2.iiSection 341.040, Health and Safety Code, is amended to read as follows:
Sec.i341.040.iiDEFINITION.iiIn this subchapter, "commission" means the
Texas [Natural Resource Conservation] Commission on Environmental Quality.
SECTIONi3.iiThis Act takes effect September 1, 2007.
HB 1473 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Giddings called up with senate amendments for consideration at this time,
HB 1473, A bill to be entitled An Act relating to the waiver of sovereign immunity of a political subdivision for claims brought by certain employees.
Representative Giddings moved to concur in the senate amendments to HBi1473.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1802): 136 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Crownover; Gattis; Kolkhorst; Turner.
Absent — Bailey; Chavez; Deshotel; Moreno; Oliveira; Peña.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6119
STATEMENT OF VOTE
When Record No. 1802 was taken, I was in the house but away from my desk. I would have voted yes.
Bailey
Senate Committee Substitute
CSHB 1473, A bill to be entitled An Act relating to the waiver of sovereign immunity of a political subdivision for claims brought by certain employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiChapter 180, Local Government Code, is amended by adding Section 180.006 to read as follows:
Sec.i180.006.iiSOVEREIGN OR GOVERNMENTAL IMMUNITY WAIVED FOR CERTAIN CLAIMS. (a) This section applies only to a firefighter or police officer covered by:
(1)iiChapter 141, 142, or 143 or this chapter;
(2)iia municipal charter provision conferring civil service benefits of a municipality that has not adopted Chapter 143; or
(3)iia municipal ordinance enacted under Chapter 142 or 143.
(b)iiA firefighter or police officer described by Subsection (a) who alleges the denial of monetary benefits associated with the recovery of back pay authorized under a provision listed in Subsection (a) or a firefighter described by Subsection (a) who alleges the denial of monetary civil penalties associated with recovery of back pay owed under Section 143.134(h) may seek judicial review of such denial only as provided in Subsections (e) and (f), provided that if there is no applicable grievance, administrative or contractual appeal procedure available under Subsection (e), the firefighter or police officer may file suit directly in district court under the preponderance of the evidence standard of review.
(c)iiSovereign and governmental immunity from suit and liability is waived only to the extent of liability for the monetary benefits or monetary civil penalties described by Subsection (b). This section does not waive sovereign or governmental immunity from suit or liability for any other claim, including a claim involving negligence, an intentional tort, or a contract unless otherwise provided by the statute.
(d)iiThis section does not:
(1)iigrant immunity from suit to a local governmental entity;
(2)iiwaive a defense or a limitation on damages, attorney's fees, or costs available to a party to a suit under this chapter or another statute, including a statute listed in Subsection (a)(1); or
(3)iimodify an agreement under Chapter 142, 143, or 174.
(e)iiBefore seeking judicial review as provided by Subsection (b), a firefighter or police officer must initiate action pursuant to any applicable grievance or administrative appeal procedures prescribed by state statute or agreement and must exhaust the grievance or administrative appeal procedure.
6120 80th LEGISLATURE — REGULAR SESSION
(f)iiIf judicial review is authorized under statute, judicial review of the grievance or administrative appeal decision is under the substantial evidence rule, unless a different standard of review is provided by the provision establishing the grievance or administrative appeal procedure.
(g)iiThis section does not apply to an action asserting a right or claim based wholly or partly, or directly or indirectly, on a referendum election held before January 1, 1980, or an ordinance or resolution implementing the referendum.
SECTIONi2.iiSubchapter A, Chapter 174, Local Government Code, is amended by adding Section 174.008 to read as follows:
Sec.i174.008.iiWAIVER OF IMMUNITY. This chapter is binding and enforceable against the employing public employer, and sovereign or governmental immunity from suit and liability is waived only to the extent necessary to enforce this chapter against that employer.
SECTIONi3.iiSection 180.006, Local Government Code, as added by this Act, applies only to a claim under Subsection (b) of that section initially asserted on or after the effective date of this Act. A claim initially asserted before the effective date of this Act is governed by the law in effect when the claim was initially asserted, and the former law is continued in effect for that purpose.
SECTIONi4.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, 2007.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 1473 as follows:
(1) On page 1, line 25, insert "employing municipality's" after "who alleges the" and before "denial".
(2) On page 1, line 33, insert "against the employing municipality" after "may file suit".
(3) On page 1, line 36, insert "of the employing municipality" after "Sovereign and governmental immunity".
HB 3731 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Guillen called up with senate amendments for consideration at this time,
HB 3731, A bill to be entitled An Act relating to the administration of retirement systems for paid, partly paid, or volunteer firefighters.
Representative Guillen moved to concur in the senate amendments to HBi3731.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1803): 138 Yeas, 0 Nays, 2 Present, not voting.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6121
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Crownover; Gattis; Kolkhorst; Turner.
Absent — Bonnen; Krusee; Moreno; Oliveira.
STATEMENT OF VOTE
I was shown voting yes on Record No. 1803. I intended to vote present, not voting.
Martinez
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 3731 (senate committee printing) by inserting the following new SECTION to the bill, numbered appropriately, and renumbering SECTIONS of the bill accordingly:
SECTIONi____.iiSubsection (b), Section 29, Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is amended to read as follows:
(b)iiA municipality or other political subdivision that has employees who are
participating members of a retirement system shall make contributions to the
system each payroll period. Except as provided by Subsection (d) of this section,
contributions required under this subsection are computed on the total
compensation paid to the employees who are participating members of the
system. A municipality or other political subdivision is required to make
contributions under this subsection at the same rate paid by employees or 12
[nine] percent, whichever is the smaller rate. The governing body of a
municipality or other political subdivision by ordinance may adopt a rate of
employer contributions that is greater than the rate required by this subsection.
6122 80th LEGISLATURE — REGULAR SESSION
HB 3769 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Puente called up with senate amendments for consideration at this time,
HB 3769, A bill to be entitled An Act relating to the eligibility of an employee of a political subdivision of this state to be a member of the governing body of certain state agencies.
Representative Puente moved to concur in the senate amendments to HBi3769.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1804): 134 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Talton; Truitt; Vaught; Villarreal; Vo; West; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Crownover; Gattis; Kolkhorst; Turner.
Absent — Anderson; Moreno; Oliveira; Solomons; Thompson; Van Arsdale; Veasey; Woolley.
STATEMENT OF VOTE
When Record No. 1804 was taken, I was in the house but away from my desk. I would have voted yes.
Anderson
Senate Amendment No. 1 (Senate Committee Amendment No. 1)
Amend Section 1, as follows:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6123
SECTION 1. Section 5.053, Water Code, is amended by adding Subsection (c) to read as follows:
(c) Subsection (a) (2) does not apply to an employee of a political subdivision of this state. If the United States Environmental Protection Agency determines that there will be a negative impact on the State of Texas' National Pollution Discharge Elimination Systems delegation, this subsection does not apply.
HB 1637 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Menendez called up with senate amendments for consideration at this time,
HB 1637, A bill to be entitled An Act relating to the operation and administration of the Texas First-Time Homebuyer Program by the Texas Department of Housing and Community Affairs and to certain down payment assistance under that program.
Representative Menendez moved to concur in the senate amendments to HBi1637.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1805): 138 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Crownover; Gattis; Kolkhorst; Turner.
Absent — Chavez; Moreno; Mowery; Oliveira.
6124 80th LEGISLATURE — REGULAR SESSION
Senate Amendment No. 1 (Senate Committee Amendment No. 1)
Amend HB 1637 as follows:
On Page 2, lines 25 and 26, strike "(2) have an income of not more than 140 percent of area median family income; and" and substitute "(2) have an income of not more than 115 percent of area median family income or 140 percent of area median family income in targeted areas; and".
HB 2783 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Solomons called up with senate amendments for consideration at this time,
HB 2783, A bill to be entitled An Act relating to the regulation of certain persons involved in mortgage lending.
Representative Solomons moved to concur in the senate amendments to HBi2783.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1806): 133 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Crownover; Gattis; Kolkhorst; Turner.
Absent — Coleman; Elkins; Haggerty; Howard, C.; Laubenberg; Moreno; Morrison; Oliveira; Smith, W.
Senate Amendment No. 1 (Senate Committee Amendment No. 1)
Amend HB 2783 (house engrossment) as follows:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6125
(1)iiInsert the following appropriately numbered SECTIONS to the bill and renumber existing SECTIONS of the bill accordingly:
SECTIONi__.iiSubchapter C, Chapter 156, Finance Code, is amended by adding Section 156.2011 to read as follows:
Sec.i156.2011.iiPROVISIONAL LOAN OFFICER LICENSE. (a) An applicant for a loan officer license may be issued a provisional loan officer license as provided by this section only if the applicant:
(1)iiduring the 20 months immediately preceding the application, has at least 18 months of experience as a loan officer employed by a person exempt from this chapter under Section 156.202; and
(2)iimeets the qualifications for a loan officer license, other than the educational and examination requirements.
(b)iiThe commissioner shall use best efforts to issue the provisional loan officer license on or before the later of:
(1)iithe 10th business day after the date of receipt of a completed application; or
(2)iithe second business day after the date of receipt of the criminal background information required under Section 156.206 demonstrating that the applicant has no pending criminal charges and has not been convicted of a criminal offense.
(c)iiFor purposes of Subsection (b)(2), a person is considered convicted as provided by Section 156.204(d).
(d)iiA provisional loan officer license is valid for 90 days after the date the license is issued, except as provided by Subsection (e).
(e)iiThe commissioner may revoke a provisional loan officer license if the commissioner discovers that the applicant has made a misrepresentation relating to the applicant's qualifications for a loan officer license, has violated this chapter, or does not meet the qualifications for a provisional loan officer license. The revocation of a provisional loan officer license is not subject to appeal.
(f)iiThe finance commission by rule may impose a fee not to exceed $100 for an expedited issuance of a provisional loan officer license. The fee is nonrefundable and is in addition to the fee for the application for a regular loan officer license.
SECTIONi____.iiThe changes in law made by Section 156.2011, Finance Code, as added by this Act, and Section 156.204, Finance Code, as amended by this Act, apply only to a loan officer or mortgage broker license for which any part of an application is submitted on or after September 1, 2007.
(2)iiIn the recital to SECTION 5 of the bill (page 3, line 13), strike "Sections 156.204(a) and (b)," and substitute "Sections 156.204(a), (b), (c), and (e),".
(3)iiIn SECTION 5 of the bill, in Subdivision (7) of amended Section
156.204(a), Finance Code (page 5, line 4), strike "; and" and substitute "; [and]".
(4)iiIn SECTION 5 of the bill, in Subdivision (8) of amended Section 156.204(a), Finance Code, between "commissioner" and the period (page 5, line 7), insert the following:
; and
6126 80th LEGISLATURE — REGULAR SESSION
(9)iiprovide the commissioner with satisfactory evidence that:
(A)iiif the person has not been previously licensed as a mortgage broker or a loan officer under this subchapter, the person has completedi90 classroom hours of education courses approved by the commissioner under this section; or
(B)iiif the person has not been previously licensed as a mortgage broker under this subchapter but has been licensed as a loan officer under this subchapter, the person has successfully completed an additional 30 classroom hours of education courses approved by the commissioner under this section
(5)iiIn SECTION 5 of the bill, following amended Section 156.204(b), Finance Code (page 6, between lines 13 and 14), add the following:
(c)iiTo be eligible to be licensed as a loan officer a person must:
(1)iibe an individual who is at least 18 years of age;
(2)iibe a citizen of the United States or a lawfully admitted alien;
(3)iidesignate in the application the name of the mortgage broker sponsoring the loan officer;
(4)iiprovide the commissioner with satisfactory evidence that the applicant satisfies one of the following:
(A)iithe person meets one of the requirements described by
Subsection (a)(4) and has [;
[(B)iithe person has] successfully completed 60 classroom [30]
hours of education courses approved by the commissioner under this section;
(B)i[(C)]iithe person has 18 months of experience as a loan officer
as evidenced by documentary proof of full-time employment as a loan officer
with [a mortgage broker or] a person exempt under Section 156.202 and has
successfully completed 30 classroom hours of education courses approved by the
commissioner under this section; or
(C)i[(D)]iifor applications received prior to January 1, 2000, the
mortgage broker that will sponsor the applicant provides a certification under
oath that the applicant has been provided necessary and appropriate education
and training regarding all applicable state and federal law and regulations relating
to mortgage loans;
(5)iinot have been convicted of a criminal offense that the commissioner determines directly relates to the occupation of a loan officer as provided by Chapter 53, Occupations Code;
(6)iisatisfy the commissioner as to the individual's good moral character, including the individual's honesty, trustworthiness, and integrity;
(7)iiprovide the commissioner with satisfactory evidence of having passed an examination, offered by a testing service or company approved by the finance commission, that demonstrates knowledge of:
(A)iithe mortgage industry; and
(B)iithe role and responsibilities of a loan officer; and
(8)iinot be in violation of this chapter, a rule adopted under this chapter, or any order previously issued to the individual by the commissioner.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6127
(e)iiThe education courses required for a mortgage broker or loan officer
license under Subsection (a)(9) or (c)(4) [(c)(4)(B)] must cover ethics, the Real
Estate Settlement Procedures Act of 1974 (12 U.S.C. Section 2601 et seq.), the
Truth in Lending Act (15 U.S.C. Section 1601 et seq.), the Equal Credit
Opportunity Act (15 U.S.C. Section 1691 et seq.), and the provisions of this
chapter.
HB 3232 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Olivo called up with senate amendments for consideration at this time,
HB 3232, A bill to be entitled An Act relating to certain subdivision golf courses.
Representative Olivo moved to concur in the senate amendments to HBi3232.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1807): 135 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Van Arsdale; Vaught; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Crownover; Gattis; Kolkhorst; Turner.
Absent — Callegari; Menendez; Moreno; Oliveira; Pierson; Raymond; Veasey.
6128 80th LEGISLATURE — REGULAR SESSION
Senate Committee Substitute
CSHB 3232, A bill to be entitled An Act relation to certain subdivision golf course.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter A, Chapter 212, Local Government Code, is amended by adding Section 212.0155 to read as follows:
Sec.i212.0155.iiADDITIONAL REQUIREMENTS FOR CERTAIN REPLATS AFFECTING A SUBDIVISION GOLF COURSE. (a) This section applies to land located wholly or partly in the corporate boundaries of a municipality if the municipality:
(1)iihas a population of more than 50,000; and
(2)iiis located wholly or partly in a county:
(A)iiwith a population of more than three million; or
(B)iiwith a population of more than 275,000 that is adjacent to a county with a population of more than three million.
(b)iiIn this section:
(1)ii"Management certificate" means a certificate described by Section 209.004, Property Code.
(2)ii"New plat" means a development plat, replat, amending plat, or vacating plat that would change the existing plat or the current use of the land that is the subject of the new plat.
(3)ii"Property owners' association" and "restrictive covenant" have the meanings assigned by Section 202.001, Property Code.
(4)ii"Restrictions," "subdivision," and "owner" have the meanings assigned by Section 201.003, Property Code.
(5)ii"Subdivision golf course" means an area of land:
(A)iithat was originally developed as a golf course or a country club within a common scheme of development for a predominantly residential single-family development project;
(B)iithat was at any time in the seven years preceding the date on which a new plat for the land is filed:
(i)iiused as a golf course or a country club;
(ii)iizoned as a community facility;
(iii)iibenefited from restrictive covenants on adjoining homeowners; or
(iv)iidesignated on a recorded plat as a golf course or a country club; and
(C)iithat is not separated entirely from the predominantly residential single-family development project by a public street.
(c)iiIn addition to any other requirement of this chapter, a new plat must conform to the requirements of this section if any of the area subject to the new plat is a subdivision golf course. The exception in Section 212.004(a) excluding divisions of land into parts greater than five acres for platting requirements does not apply to a subdivision golf course.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6129
(d)iiA new plat that is subject to this section may not be approved until each municipal authority reviewing the new plat conducts a public hearing on the matter at which the parties in interest and citizens have an adequate opportunity to be heard, present evidence, and submit statements or petitions for consideration by the municipal authority. The number, location, and procedure for the public hearings may be designated by the municipal authority for a particular hearing. The municipal authority may abate, continue, or reschedule, as the municipal authority considers appropriate, any public hearing in order to receive a full and complete record on which to make a decision. If the new plat would otherwise be administratively approved, the municipal planning commission is the approving body for the purposes of this section.
(e)iiThe municipal authority may not approve the new plat without adequate consideration of testimony and the record from the public hearings and making the findings required by Subsection (k). Not later than the 30th day after the date on which all proceedings necessary for the public hearings have concluded, the municipal authority shall take action on the application for the new plat. Sections 212.009(a) and (b) do not apply to the approval of plats under this section.
(f)iiThe municipality may provide notice of the initial hearing required by Subsection (d) only after the requirements of Subsections (m) and (n) are met. The notice shall be given before the 15th day before the date of the hearing by:
(1)iipublishing notice in an official newspaper or a newspaper of general circulation in the county in which the municipality is located;
(2)iiproviding written notice, with a copy of this section attached, by the municipal authority responsible for approving plats to:
(A)iieach property owners' association for each neighborhood benefited by the subdivision golf course, as indicated in the most recently filed management certificates; and
(B)iithe owners of lots that are within 200 feet of the area subject to the new plat, as indicated:
(i)iion the most recently approved municipal tax roll; and
(ii)iiin the most recent online records of the central appraisal district of the county in which the lots are located; and
(3)iiany other manner determined by the municipal authority to be necessary to ensure that full and fair notice is provided to all owners of residential single-family lots in the general vicinity of the subdivision golf course.
(g)iiThe written notice required by Subsection (f)(2) may be delivered by depositing the notice, properly addressed with postage prepaid, in the United States mail.
(h)iiThe cost of providing the notices under Subsection (f) shall be paid by the plat applicant.
(i)iiIf written instruments protesting the proposed new plat are signed by the owners of at least 20 percent of the area of the lots or land immediately adjacent to the area covered by a proposed new plat and extending 200 feet from that area and are filed with the municipal planning commission or the municipality's
6130 80th LEGISLATURE — REGULAR SESSION
(j)iiIn computing the percentage of land area under Subsection (i), the area of streets and alleys is included.
(k)iiThe municipal planning commission or the municipality's governing body may not approve a new plat under this section unless it determines that:
(1)iithere is adequate existing or planned infrastructure to support the future development of the subdivision golf course;
(2)iibased on existing or planned facilities, the development of the subdivision golf course will not have a materially adverse effect on:
(A)iitraffic, parking, drainage, water, sewer, or other utilities;
(B)iithe health, safety, or general welfare of persons in the municipality; or
(C)iisafe, orderly, and healthful development of the municipality;
(3)iithe development of the subdivision golf course will not have a materially adverse effect on existing single-family property values;
(4)iithe new plat is consistent with all applicable land use regulations and restrictive covenants and the municipality's land use policies as described by the municipality's comprehensive plan or other appropriate public policy documents; and
(5)iiif any portion of a previous plat reflected a restriction on the subdivision golf course whether:
(A)iithat restriction is an implied covenant or easement benefiting adjacent residential properties; or
(B)iithe restriction, covenant, or easement has been legally released or has expired.
(l)iiThe municipal authority may adopt rules to govern the platting of a subdivision golf course that do not conflict with this section, including rules that require more detailed information than is required by Subsection (n) for plans for development and new plat applications.
(m)iiThe application for a new plat under this section is not complete and may not be submitted for review for administrative completeness unless the tax certificates required by Section 12.002(e), Property Code, are attached, notwithstanding that the application is for a type of plat other than a plat specified in that section.
(n)iiA plan for development or a new plat application for a subdivision golf course is not considered to provide fair notice of the project and nature of the permit sought unless it contains the following information, complete in all material respects:
(1)iistreet layout;
(2)iilot and block layout;
(3)iinumber of residential units;
(4)iilocation of nonresidential development, by type of development;
(5)iidrainage, detention, and retention plans;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6131
(6)iiscreening plan for adjacent residential properties, including landscaping or fencing; and
(7)iian analysis of the effect of the project on values in the adjacent residential neighborhoods.
(o)iiA municipal authority with authority over platting may require as a condition for approval of a plat for a golf course that:
(1)iithe area be platted as a restricted reserve for the proposed use; and
(2)iithe plat be incorporated into the plat for any adjacent residential lots.
(p)iiAn owner of a lot that is within 200 feet of a subdivision golf course may seek declaratory or injunctive relief from a district court to enforce the provisions in this section.
SECTIONi2.iiSection 82.051, Property Code, is amended by adding Subsection (f) to read as follows:
(f)iiThis chapter does not permit development of a subdivision golf course, as defined by Section 212.0155(b), Local Government Code, without a plat if the plat is otherwise required by applicable law. A municipality may require as a condition to the development of a previously platted or unplatted subdivision golf course that the subdivision golf course be platted or replatted.
SECTIONi3.ii(a)iiNotwithstanding Chapter 245, Local Government Code, the change in law made by Section 212.0155, Local Government Code, as added by this Act, applies to approval of a plat filed on or after the effective date of this Act or before the effective date of this Act if the approval of a plat filed before the effective date of this Act is not final. A plat filed and approved before the effective date of this Act is governed by the law in effect immediately before that date, and that law is continued in effect for that purpose.
(b)iiThe change in law made by Section 212.0155, Local Government Code, as added by this Act, does not apply to a lawsuit filed before the effective date of this Act. That section applies to land that is the subject of a lawsuit filed before the effective date of this Act on the date the decision in that lawsuit becomes final or the suit is otherwise terminated.
SECTIONi4.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 on the 91st day after the last day of the legislative session.
HB 1864 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Gonzales called up with senate amendments for consideration at this time,
HB 1864, A bill to be entitled An Act relating to periods of possession of a child under a standard possession order.
6132 80th LEGISLATURE — REGULAR SESSION
Representative Gonzales moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 1864.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 1864: Gonzales, chair; Dutton, Corte, Vaught, and Van Arsdale.
HB 3575 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Rose called up with senate amendments for consideration at this time,
HB 3575, A bill to be entitled An Act relating to the monitoring and enhancement of health and human services information technology systems.
Representative Rose moved to concur in the senate amendments to HBi3575.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1808): 136 Yeas, 2 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; England; Escobar; Farabee; Farias; Farrar; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Thompson; Truitt; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Nays — Harper-Brown; Phillips.
Present, not voting — Mr. Speaker; Taylor(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Crownover; Gattis; Kolkhorst; Turner.
Absent — Elkins; Flores; Moreno; Oliveira.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6133
Senate Committee Substitute
CSHB 3575, A bill to be entitled An Act relating to the monitoring and enhancement of health and human services information technology systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiChapter 531, Government Code, is amended by adding Subchapter M to read as follows:
SUBCHAPTER M. MONITORING AND ENHANCEMENT OF HEALTH AND HUMAN SERVICES INFORMATION TECHNOLOGY SYSTEMS
Sec.i531.451.iiDEFINITIONS. In this subchapter:
(1)ii"Committee" means the health and human services eligibility system legislative oversight committee.
(2)ii"Eligibility system" means the following information technology and data processing systems used in the delivery of health and human services benefit programs:
(A)iithe Texas Integrated Eligibility Redesign System (TIERS);
(B)iithe System of Application, Verification, Eligibility, Referral, and Reporting (SAVERR);
(C)iiintegration processes and practices that facilitate interactions between the systems described by Paragraphs (A) and (B) and allow for the exchange of information between those systems; and
(D)iidelivery processes and practices that directly leverage the systems described by Paragraphs (A) and (B) and interact with applicants for and recipients of health and human services program benefits.
(3)ii"Enhanced eligibility system" means the eligibility system as modified to meet the goals described in Section 531.452 in accordance with the transition plan developed under Section 531.453.
(4)ii"Quality assurance team" means the quality assurance team created under Section 2054.158.
Sec.i531.452.iiGOALS FOR ENHANCED ELIGIBILITY SYSTEM. The enhanced eligibility system implemented under this subchapter must be designed to achieve the following goals with respect to health and human services programs in this state:
(1)iiincrease the quality of and client access to services provided through the programs;
(2)iiimplement more efficient business processes that will reduce processing times for applications for program benefits and reduce staff workloads;
(3)iiimplement simplified application and enrollment processes for the programs in a manner that is consistent with program goals established by the legislature;
(4)iienhance the integrity of and reduce fraud in the programs; and
(5)iiensure compliance with applicable federal law, including rules.
Sec.i531.453.iiELIGIBILITY SYSTEM TRANSITION PLAN. (a) The commission shall develop a transition plan under which the eligibility system in existence on September 1, 2007, is transformed and enhanced to be more fully functional relative to the needs of eligible Texas residents and to meet the goals
6134 80th LEGISLATURE — REGULAR SESSION
(b)iiThe transition plan must:
(1)iiinclude a description of the commission's responsibilities with respect to and role in making the transition from the eligibility system in existence on September 1, 2007, to the enhanced eligibility system;
(2)iispecify the responsibilities and roles of persons with whom the commission contracted before October 1, 2007, in making that transition and implementing the enhanced eligibility system;
(3)iispecify the responsibilities and roles of persons with whom the commission contracts on or after October 1, 2007, in making that transition and implementing the enhanced eligibility system; and
(4)iispecify the steps the commission will take to achieve the goals of the enhanced eligibility system as described in Section 531.452.
(c)iiThe commission shall make the transition plan available to the public at a public hearing conducted by the committee not later than October 15, 2007.
Sec.i531.454.iiELIGIBILITY SYSTEM REVIEW DURING TRANSITION PERIOD. (a) The state auditor's office shall establish, in consultation with the Department of Information Resources, an independent validation and verification program for the eligibility system during the period of the transition plan developed under Section 531.453. The state auditor's office shall also coordinate and consult with the commission, including the commission's office of inspector general, in establishing the program.
(b)iiThe independent validation and verification program must allow for a determination of:
(1)iiwhether the goals set by the commission in the transition plan are being met in accordance with the timetable required by Section 531.453(a);
(2)iiwhether the eligibility system is progressing toward becoming fully functional relative to the needs of eligible Texas residents;
(3)iiwhat actions are necessary to achieve full functionality of the eligibility system;
(4)iiwhether the commission is making progress toward meeting the goals of the enhanced eligibility system described in Section 531.452; and
(5)iiwhat additional actions are necessary to achieve the goals of the enhanced eligibility system.
(c)iiThe state auditor's office shall present the proposed independent validation and verification program to the committee and seek the committee's recommendations for modifications to the proposed program. The state auditor's office shall consider the committee's recommendations and modify the proposed program as necessary.
(d)iiThe state auditor's office may:
(1)iienter into a contract with a person to perform the duties required of the office under Subsection (a), subject to the requirements of Subsection (c); and
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6135
(2)iienter into a contract with a person to implement the independent validation and verification program, or may implement the program using a contractor with which the commission contracts as provided by Subsection (e).
(e)iiThe commission may enter into a contract with a person before September 1, 2007, to operate an independent validation and verification program for the eligibility system.
(f)iiThe quality assurance team shall establish a schedule for periodic monitoring of the eligibility system during the period of the transition plan developed under Section 531.453.
(g)iiThe state auditor's office and the quality assurance team shall share information as necessary to fulfill their respective duties under this section.
Sec.i531.455.iiENHANCED ELIGIBILITY SYSTEM AS MAJOR INFORMATION RESOURCES PROJECT. The commission shall identify the enhanced eligibility system as a major information resources project, as defined by Section 2054.003(10), in the commission's biennial operating plan.
Sec.i531.456.iiHEALTH AND HUMAN SERVICES ELIGIBILITY SYSTEM LEGISLATIVE OVERSIGHT COMMITTEE. (a) The health and human services eligibility system legislative oversight committee is created to support the commission's implementation of the enhanced eligibility system in a manner that maximizes the positive effects of that implementation on the delivery of health and human services in this state.
(b)iiThe committee is composed of seven members, as follows:
(1)iithe presiding officer of the Senate Health and Human Services Committee, or its successor;
(2)iithe presiding officer of the House Human Services Committee, or its successor;
(3)iitwo members of the senate, appointed by the lieutenant governor;
(4)iitwo members of the house of representatives, appointed by the speaker of the house of representatives; and
(5)iione additional member, appointed by the governor.
(c)iiThe executive commissioner serves as an ex officio member of the committee.
(d)iiA member of the committee appointed under Subsection (b)(3), (4), or (5) serves at the will of the appointing official.
(e)iiThe lieutenant governor shall designate one committee member to serve as a joint presiding officer of the committee, and the speaker of the house of representatives shall designate another committee member to serve as the other joint presiding officer.
(f)iiThe committee meets at the call of a joint presiding officer.
(g)iiA committee member may not receive compensation for serving on the committee, but is entitled to reimbursement for expenses incurred by the member while conducting the business of the committee as provided by the General Appropriations Act.
Sec.i531.457.iiDUTIES OF COMMITTEE. The committee shall:
(1)iiconduct a public hearing at least once every four months;
6136 80th LEGISLATURE — REGULAR SESSION
(2)iireview information with respect to the transition plan developed under Section 531.453, and the progress made in implementing that plan, including whether the eligibility system is progressing toward achieving full functionality and meeting the goals described in Section 531.452;
(3)iireview recommendations made by the commission, the state auditor's office, and the quality assurance team regarding actions necessary to make a component of the eligibility system that is not fully functional achieve that functionality;
(4)iinot later than December 1, 2008, make recommendations to the legislature regarding any legislative action necessary to support the implementation of the enhanced eligibility system in a manner that maximizes the positive effects of that implementation on the delivery of health and human services in this state; and
(5)iiafter implementation of the enhanced eligibility system, monitor and regularly report to the legislature on the effectiveness and efficiency of that system.
Sec.i531.458.iiEXPIRATION. This subchapter expires September 1, 2011.
SECTIONi2.iiNot later than September 1, 2007, the governor, the lieutenant governor, and the speaker of the house of representatives shall appoint the members of the health and human services eligibility system legislative oversight committee as required by Section 531.456, Government Code, as added by this Act.
SECTIONi3.iiNot later than October 15, 2007, the health and human services eligibility system legislative oversight committee shall conduct the first public hearing required by Section 531.457, Government Code, as added by this Act.
SECTIONi4.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, 2007.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 3575 (senate committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering existing SECTIONS accordingly:
SECTIONi____.iiSubchapter A, Chapter 531, Government Code, is amended by adding Section 531.019 to read as follows:
Sec.i531.019.iiSERVICES PROVIDED BY CONTRACTOR TO PERSONS WITH LIMITED ENGLISH PROFICIENCY. (a)iiEach contract with the commission or a health and human services agency that requires the provision of call center services or written communications related to call center services must include performance standards that measure the effectiveness, promptness, and accuracy of the contractor's oral and written communications with persons with limited English proficiency. Each person who seeks to enter into a contract described by this subsection shall include in the bid or other applicable
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6137
(b)iiThe proposal required under Subsection (a) must include a language access plan that describes how the contractor will achieve any performance standards described in the request for bids, proposals, or other applicable expressions of interest. The plan must also describe how the contractor will:
(1)iiidentify persons who need language assistance;
(2)iiprovide language assistance measures, including the translation of forms into languages other than English and the provision of translators and interpreters;
(3)iiinform persons with limited English proficiency of the language services available to them and how to obtain them;
(4)iidevelop and implement qualifications for bilingual staff; and
(5)iimonitor compliance with the language access plan.
(c)iiIn determining which bid or other applicable expression of interest offers the best value, the commission or a health and human services agency, as applicable, shall evaluate the extent to which the proposal for providing call center services or written communications related to call center services in languages other than English will provide meaningful access to the services for persons with limited English proficiency.
(d)iiIn determining the extent to which a proposal will provide meaningful access under Subsection (c), the agency shall consider:
(1)iithe language access plan developed under Subsection (b);
(2)iithe number or proportion of persons with limited English proficiency in the agency's eligible service population;
(3)iithe frequency with which persons with limited English proficiency seek information regarding the agency's programs;
(4)iithe importance of the services provided by the agency's programs; and
(5)iithe resources available to the agency.
(e)iiThe agency must avoid selecting a contractor that the agency reasonably believes will:
(1)iiprovide information in languages other than English that is limited in scope;
(2)iiunreasonably delay the provision of information in languages other than English; or
(3)iiprovide program information, including forms, notices, and correspondence, in English only.
(f)iiThis section does not apply to 2-1-1 services provided by the Texas Information and Referral Network.
SECTIONi____.ii(a)iiIn this section, "commission" and "health and human services agencies" have the meanings assigned by Section 531.001, Government Code.
6138 80th LEGISLATURE — REGULAR SESSION
(b)iiSection 531.019, Government Code, as added by this Act, applies only to a contract for which the commission or a health and human services agency first advertises or otherwise solicits bids, proposals, offers, or qualifications, as applicable, on or after September 1, 2007.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today to attend a meeting of the conference committee on HB 1:
McClendon on motion of Dukes.
(Speaker in the chair)
HB 4134 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Miles called up with senate amendments for consideration at this time,
HB 4134, A bill to be entitled An Act relating to the creation of the Harris County Improvement District No. 10; providing authority to impose a tax and issue bonds.
Representative Miles moved to concur in the senate amendments to HBi4134.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1809): 134 Yeas, 5 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Nays — Crabb; Harper-Brown; Laubenberg; Paxton; Riddle.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Isett.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6139
Absent, Excused, Committee Meeting — Crownover; Gattis; Kolkhorst; McClendon; Turner.
Absent — Goolsby; Moreno; Oliveira.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 4134 (senate committee printing) in SECTION 1 of the bill, in added Section 3860.108, Special District Local Laws Code, as follows:
(1)iiStrike "(a)" (page 5, line 5).
(2)iiStrike added Subsection (b) (page 5, lines 11 through 14).
HR 2371 - READ
(by Dunnam)
The chair laid out and had read the following previously adopted resolution:
HR 2371,iCongratulating Neesha Ishwar Dave and Jeffre Ward Rotkoff of Austin on their impending nuptials.
(Hilderbran in the chair)
HR 2678 - ADOPTED
(by Burnam)
Representative Burnam moved to suspend all necessary rules to take up and consider at this time HRi2678.
The motion prevailed.
The following resolution was laid before the house:
HR 2678, Recognizing The Bad Precedents as the official band of the Regular Session of 80th Texas Legislature.
HR 2678 was read and was adopted.
On motion of Representative Martinez Fischer, the names of all the members of the house were added to HRi2678 as signers thereof.
SB 6 - REQUEST OF SENATE GRANTED
CONFERENCE COMMITTEE APPOINTED
On motion of Representative Peña, the house granted the request of the senate for the appointment of a conference committee on SB 6.
The chair announced the appointment of the following conference committee, on the part of the house, on SB 6: Peña, chair; Parker, Eissler, Guillen, and Riddle.
SB 8 - REQUEST OF SENATE GRANTED
CONFERENCE COMMITTEE APPOINTED
On motion of Representative Flynn, the house granted the request of the senate for the appointment of a conference committee on SB 8.
The chair announced the appointment of the following conference committee, on the part of the house, on SB 8: Flynn, chair; Eissler, Bonnen, Taylor, and Zedler.
6140 80th LEGISLATURE — REGULAR SESSION
SB 10 - REQUEST OF SENATE GRANTED
CONFERENCE COMMITTEE APPOINTED
On motion of Representative Delisi, the house granted the request of the senate for the appointment of a conference committee on SB 10.
The chair announced the appointment of the following conference committee, on the part of the house, on SB 10: Delisi, chair; J. Davis, Isett, Hopson, and Taylor.
SB 23 - REQUEST OF SENATE GRANTED
CONFERENCE COMMITTEE APPOINTED
On motion of Representative T. Smith, the house granted the request of the senate for the appointment of a conference committee on SB 23.
The chair announced the appointment of the following conference committee, on the part of the house, on SB 23: Smithee, chair; Taylor, Hancock, Eiland, and Woolley.
SB 36 - REQUEST OF SENATE GRANTED
CONFERENCE COMMITTEE APPOINTED
On motion of Representative Phillips, the house granted the request of the senate for the appointment of a conference committee on SB 36.
The chair announced the appointment of the following conference committee, on the part of the house, on SB 36: Eiland, chair; Delisi, Coleman, Jackson, and Truitt.
SB 548 - REQUEST OF SENATE GRANTED
CONFERENCE COMMITTEE APPOINTED
On motion of Representative Eissler, the house granted the request of the senate for the appointment of a conference committee on SB 548.
The chair announced the appointment of the following conference committee, on the part of the house, on SB 548: Hamilton, chair; Driver, Frost, Latham, and West.
HB 2238 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Eissler called up with senate amendments for consideration at this time,
HB 2238, A bill to be entitled An Act relating to the establishment of the Texas Education Data System (TEDS) and certain public school reporting requirements.
Representative Eissler moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2238.
The motion prevailed.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6141
The chair announced the appointment of the following conference committee, on the part of the house, on HB 2238: Eissler, chair; Burnam, Hochberg, Patrick, and Zedler.
SB 903 - REQUEST OF SENATE GRANTED
CONFERENCE COMMITTEE APPOINTED
On motion of Representative Phillips, the house granted the request of the senate for the appointment of a conference committee on SB 903.
The chair announced the appointment of the following conference committee, on the part of the house, on SB 903: Kolkhorst, chair; Corte, Garcia, Noriega, and Truitt.
SB 1154 - REQUEST OF SENATE GRANTED
CONFERENCE COMMITTEE APPOINTED
On motion of Representative Phillips, the house granted the request of the senate for the appointment of a conference committee on SB 1154.
The chair announced the appointment of the following conference committee, on the part of the house, on SB 1154: Phillips, chair; Hancock, Kuempel, Peña, and Solomons.
SB 1383 - REQUEST OF SENATE GRANTED
CONFERENCE COMMITTEE APPOINTED
On motion of Representative Phillips, the house granted the request of the senate for the appointment of a conference committee on SB 1383.
The chair announced the appointment of the following conference committee, on the part of the house, on SB 1383: Smithee, chair; Darby, Gonzalez Toureilles, Morrison, and Swinford. (New conferees were appointed later today, on the part of the house, on SB 1383.)
(Crownover now present)
SB 1499 - REQUEST OF SENATE GRANTED
CONFERENCE COMMITTEE APPOINTED
On motion of Representative Phillips, the house granted the request of the senate for the appointment of a conference committee on SB 1499.
The chair announced the appointment of the following conference committee, on the part of the house, on SB 1499: Corte, chair; Escobar, Isett, Taylor, and Garcia.
HB 2094 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Hill called up with senate amendments for consideration at this time,
HB 2094, A bill to be entitled An Act relating to hearings for owners or operators of vehicles that are towed and subsequently stored in a facility.
6142 80th LEGISLATURE — REGULAR SESSION
Representative Hill moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2094.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 2094: Hill, chair; Deshotel, Krusee, Jackson, and Phillips.
SB 103 - ADOPTION OF CONFERENCE COMMITTEE REPORT
Representative Madden submitted the conference committee report on SBi103.
Representative Madden moved to adopt the conference committee report on SBi103.
(Turner now present)
A record vote was requested.
The motion to adopt the conference committee report on SBi103 prevailed by (Record 1810): 137 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Smith, T.; Smith, W.; Smithee; Solomons(C); Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker.
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst; McClendon.
Absent — Aycock; Driver; Hamilton; Moreno; Oliveira; Rose; Villarreal.
STATEMENT OF VOTE
When Record No. 1810 was taken, I was in the house but away from my desk. I would have voted yes.
Rose
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6143
SB 1714 - REQUEST OF SENATE GRANTED
CONFERENCE COMMITTEE APPOINTED
On motion of Representative Phillips, the house granted the request of the senate for the appointment of a conference committee on SB 1714.
The chair announced the appointment of the following conference committee, on the part of the house, on SB 1714: Smithee, chair; Delisi, Hardcastle, R. Cook, and Hopson.
HB 2004 - ADOPTION OF CONFERENCE COMMITTEE REPORT
Representative Giddings submitted the following conference committee report on HBi2004:
Austin, Texas, May 21, 2007
The Honorable David Dewhurst
President of the Senate
The Honorable Tom Craddick
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HBi2004 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
| Lucio | Giddings |
| Carona | Elkins |
| Van de Putte | Bailey |
| Zedler | |
| On the part of the senate | On the part of the house |
HB 2004, A bill to be entitled An Act relating to requiring that a doctor who reviews a workers' compensation case be certified in a professional specialty appropriate to the care received by the injured employee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter A, Chapter 408, Labor Code, is amended by adding Sections 408.0043 through 408.0046 to read as follows:
Sec.i408.0043.iiPROFESSIONAL SPECIALTY CERTIFICATION REQUIRED FOR CERTAIN REVIEW. (a) This section applies to a person, other than a chiropractor or a dentist, who performs health care services under this title as:
(1)iia doctor performing peer review;
(2)iia doctor performing a utilization review of a health care service provided to an injured employee, including a retrospective review;
(3)iia doctor performing an independent review of a health care service provided to an injured employee, including a retrospective review;
(4)iia designated doctor;
(5)iia doctor performing a required medical examination; or
(6)iia doctor serving as a member of the medical quality review panel.
6144 80th LEGISLATURE — REGULAR SESSION
(b)iiA person described by Subsection (a) who reviews a specific workers' compensation case must hold a professional certification in a health care specialty appropriate to the type of health care that the injured employee is receiving.
Sec.i408.0044.iiREVIEW OF DENTAL SERVICES. (a) This section applies to a dentist who performs dental services under this title as:
(1)iia doctor performing peer review of dental services;
(2)iia doctor performing a utilization review of a dental service provided to an injured employee, including a retrospective review;
(3)iia doctor performing an independent review of a dental service provided to an injured employee, including a retrospective review; or
(4)iia doctor performing a required dental examination.
(b)iiA person described by Subsection (a) who reviews a dental service provided in conjunction with a specific workers' compensation case must be licensed to practice dentistry.
Sec.i408.0045.iiREVIEW OF CHIROPRACTIC SERVICES. (a) This section applies to a chiropractor who performs chiropractic services under this title as:
(1)iia doctor performing peer review of chiropractic services;
(2)iia doctor performing a utilization review of a chiropractic service provided to an injured employee, including a retrospective review;
(3)iia doctor performing an independent review of a chiropractic service provided to an injured employee, including a retrospective review;
(4)iia designated doctor providing chiropractic services;
(5)iia doctor performing a required medical examination; or
(6)iia chiropractor serving as a member of the medical quality review panel.
(b)iiA person described by Subsection (a) who reviews a chiropractic service provided in conjunction with a specific workers' compensation case must be licensed to engage in the practice of chiropractic.
Sec.i408.0046.iiRULES. The commissioner may adopt rules as necessary to determine which professional health practitioner specialties are appropriate for treatment of certain compensable injuries. The rules adopted under this section must require an entity requesting a peer review to obtain and provide to the doctor providing peer review services all relevant and updated medical records.
SECTIONi2.iiSection 408.004, Labor Code, is amended by adding Subsection (a-1) to read as follows:
(a-1)iiA doctor, other than a chiropractor, who performs a required medical examination under this section is subject to Section 408.0043. A chiropractor who performs a required medical examination under this section is subject to Section 408.0045.
SECTIONi3.iiSection 408.0041(b), Labor Code, is amended to read as follows:
(b)iiA medical examination requested under Subsection (a) shall be performed by the next available doctor on the division's list of designated doctors whose credentials are appropriate for the issue in question and the injured employee's medical condition as determined by commissioner rule. A designated
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6145
SECTIONi4.iiSection 408.0231(g), Labor Code, is amended to read as follows:
(g)iiThe commissioner shall adopt rules regarding doctors who perform peer review functions for insurance carriers. Those rules may include standards for peer review, imposition of sanctions on doctors performing peer review functions, including restriction, suspension, or removal of the doctor's ability to perform peer review on behalf of insurance carriers in the workers' compensation system, and other issues important to the quality of peer review, as determined by the commissioner. A doctor who performs peer review under this subtitle must hold the appropriate professional license issued by this state. A doctor, other than a chiropractor or a dentist, who performs peer review is subject to Section 408.0043. A dentist who performs a peer review of a dental service provided to an injured employee is subject to Section 408.0044. A chiropractor who performs a peer review of a chiropractic service provided to an injured employee is subject to Section 408.0045.
SECTIONi5.iiSection 408.1225, Labor Code, is amended by adding Subsection (e) to read as follows:
(e)iiA designated doctor, other than a chiropractor, is subject to Section 408.0043. A designated doctor who is a chiropractor is subject to Section 408.0045.
SECTIONi6.iiSection 413.031, Labor Code, is amended by amending Subsections (d) and (e) and adding Subsection (e-3) to read as follows:
(d)iiA review of the medical necessity of a health care service requiring
preauthorization under Section 413.014 or commissioner rules under that section
or Section 413.011(g) shall be conducted by an independent review organization
under Chapter 4202 [Article 21.58C], Insurance Code, in the same manner as
reviews of utilization review decisions by health maintenance organizations. It is
a defense for the insurance carrier if the carrier timely complies with the decision
of the independent review organization.
(e)iiExcept as provided by Subsections (d), (f), and (m), a review of the
medical necessity of a health care service provided under this chapter or Chapter
408 shall be conducted by an independent review organization under Chapter
4202 [Article 21.58C], Insurance Code, in the same manner as reviews of
utilization review decisions by health maintenance organizations. It is a defense
for the insurance carrier if the carrier timely complies with the decision of the
independent review organization.
6146 80th LEGISLATURE — REGULAR SESSION
(e-3)iiNotwithstanding Subsections (d) and (e) of this section or Chapters 4201 and 4202, Insurance Code, a doctor, other than a dentist or a chiropractor, who performs a utilization review or an independent review, including a retrospective review, of a health care service provided to an injured employee is subject to Section 408.0043. A dentist who performs a utilization review or an independent review, including a retrospective review, of a dental service provided to an injured employee is subject to Section 408.0044. A chiropractor who performs a utilization review or an independent review, including a retrospective review, of a chiropractic service provided to an injured employee is subject to Section 408.0045.
SECTIONi7.iiSection 413.0512, Labor Code, is amended by adding Subsection (f) to read as follows:
(f)iiA member of the medical quality review panel, other than a chiropractor, who reviews a specific workers' compensation case is subject to Section 408.0043. A chiropractor who reviews a specific workers' compensation case is subject to Section 408.0045.
SECTIONi8.iiThe change in law made by this Act applies only to a review of a health care service provided under a claim for workers' compensation benefits that is conducted on or after the effective date of this Act. A review that is conducted before that date is governed by the law in effect on the date that the review was conducted, and the former law is continued in effect for that purpose.
SECTIONi9.iiThis Act takes effect September 1, 2007.
Representative Giddings moved to adopt the conference committee report on HBi2004.
A record vote was requested.
The motion to adopt the conference committee report on HBi2004 prevailed by (Record 1811): 135 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Cook, B.; Cook, R.; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons(C); Strama; Straus; Swinford; Talton; Taylor; Truitt; Turner; Van Arsdale; Vaught; Veasey; Vo; West; Zedler; Zerwas.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6147
Present, not voting — Mr. Speaker; Villarreal.
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst; McClendon.
Absent — Anderson; Coleman; Corte; Delisi; Moreno; Oliveira; Thompson; Woolley.
STATEMENT OF VOTE
When Record No. 1811 was taken, I was in the house but away from my desk. I would have voted yes.
Anderson
SB 1993 - ADOPTION OF CONFERENCE COMMITTEE REPORT
Representative Flynn submitted the conference committee report on SBi1993.
(Solomons in the chair)
Representative Flynn moved to adopt the conference committee report on SBi1993.
A record vote was requested.
The motion to adopt the conference committee report on SBi1993 prevailed by (Record 1812): 141 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons(C); Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker.
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst; McClendon.
Absent — Anderson; Moreno; Oliveira.
6148 80th LEGISLATURE — REGULAR SESSION
STATEMENT OF VOTE
When Record No. 1812 was taken, I was in the house but away from my desk. I would have voted yes.
Anderson
HR 2576 - ADOPTED
(by Callegari)
The following privileged resolution was laid before the house:
HR 2576
BE IT RESOLVED by the House of Representatives of the State of Texas, 80th Legislature, Regular Session, 2007, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on HB 2261 (regulation of certain service contracts) to consider and take action on the following matter:
House Rule 13, Section 9(a)(3), is suspended to permit the committee to change the text of SECTION 1 of the bill by adding a new Section 1304.003(d), Occupations Code, to read as follows:
(d) Subsection (c)(5) does not apply to tire damage covered under an agreement sold by a tire manufacturer.
Explanation: The change is necessary to clarify how certain contracts apply to tire damage covered by a separate agreement sold by a tire manufacturer.
HR 2576 was adopted.
HB 2261 - ADOPTION OF CONFERENCE COMMITTEE REPORT
Representative Callegari submitted the following conference committee report on HBi2261:
Austin, Texas, May 21, 2007
The Honorable David Dewhurst
President of the Senate
The Honorable Tom Craddick
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HBi2261 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
| Jackson | Callegari |
| Brimer | Aycock |
| Fraser | Miles |
| Harris | O'Day |
| Eltife | |
| On the part of the senate | On the part of the house |
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6149
HB 2261, A bill to be entitled An Act relating to the regulation of certain service contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 1304.003, Occupations Code, is amended by amending Subsection (a) and adding Subsections (c) and (d) to read as follows:
(a)iiIn this chapter, "service contract" means an agreement:
(1)iithat is entered into for a separately stated consideration and for a specified term; and
(2)iiunder which a provider agrees to repair, replace, or maintain a product, or provide indemnification for the repair, replacement, or maintenance of a product, for operational or structural failure or damage caused by a defect in materials or workmanship or by normal wear.
(c)iiFor purposes of Subsection (a), normal wear for a motor vehicle may include minor and reasonable wear and tear that a vehicle sustains in everyday ordinary operation including:
(1)iismall dents, dings, and creases repairable by the process of paintless dent removal without affecting the existing paint finish and without replacing vehicle body panels or sanding, bonding, or painting;
(2)iismall windshield chips and cracks repairable without replacement of the entire windshield;
(3)iiworn tire tread;
(4)iiworn interior fabric or carpet items; and
(5)iitire and wheel damage resulting from ordinary road hazards such as potholes, rocks, wood debris, metal parts, glass, plastic, or composite scraps.
(d)iiSubsection (c)(5) does not apply to tire damage covered under an agreement sold by a tire manufacturer.
SECTIONi2.iiThe change in law made by this Act applies to a service contract entered into on or after the effective date of this Act. A service contract entered into before the effective date of this Act is covered by the law in effect on the date the contract was entered into, and the former law is continued in effect for that purpose.
SECTIONi3.iiThis Act takes effect September 1, 2007.
Representative Callegari moved to adopt the conference committee report on HBi2261.
A record vote was requested.
The motion to adopt the conference committee report on HBi2261 prevailed by (Record 1813): 139 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero;
6150 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker.
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst; McClendon.
Absent — Coleman; Moreno; Oliveira; Solomons(C); Veasey.
HR 2072 - MOTION TO ADD NAMES
On motion of Representative Hartnett, the names of all the members of the house were added to HRi2072 as signers thereof.
HB 1044 - ADOPTION OF CONFERENCE COMMITTEE REPORT
Representative Dutton submitted the following conference committee report on HBi1044:
Austin, Texas, May 21, 2007
The Honorable David Dewhurst
President of the Senate
The Honorable Tom Craddick
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HBi1044 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
| Ellis | Dutton |
| Lucio | Berman |
| Harris | Bohac |
| Carona | Bolton |
| Hodge | |
| On the part of the senate | On the part of the house |
HB 1044, A bill to be entitled An Act relating to the delivery of voter registration certificates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 13.144(a), Election Code, is amended to read as follows:
(a)iiNot later than the 30th day after the date the registrar receives the
application, the [The] registrar shall deliver the original of an initial certificate:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6151
(1)iiin person to the applicant or the applicant's agent appointed under Section 13.003; or
(2)iiby mail to the applicant.
SECTIONi2.iiSection 15.004(b), Election Code, is amended to read as follows:
(b)iiNot later than the 30th day after the date the registrar receives [On
receipt of] the notice, the registrar shall deliver to the voter a replacement
certificate containing:
(1)iithe registration number and other information on the lost or destroyed certificate; and
(2)iia notation that the certificate is a replacement.
SECTIONi3.iiSection 15.024(a), Election Code, is amended to read as follows:ii
(a)iiExcept as provided by Subsection (b), after correcting the registration
records with respect to a voter, if necessary, the registrar shall [promptly] issue
the voter a registration certificate containing the appropriate corrections and
deliver it to the voter not later than the 30th day after the date the registrar
receives notice of a correction.
SECTIONi4.iiSection 13.144(c), Election Code, is repealed.
SECTIONi5.iiThe change in law made by this Act applies only to a voter registration certificate for which an application, notice of loss or destruction, or notice of a correction is received by the voter registrar on or after September 1, 2007.
SECTIONi6.iiThis Act takes effect September 1, 2007.
Representative Dutton moved to adopt the conference committee report on HBi1044.
A record vote was requested.
The motion to adopt the conference committee report on HBi1044 prevailed by (Record 1814): 141 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.;
6152 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker.
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst; McClendon.
Absent — Coleman; Moreno; Oliveira.
SB 1896 - ADOPTION OF CONFERENCE COMMITTEE REPORT
Representative Delisi submitted the conference committee report on SBi1896.
Representative Delisi moved to adopt the conference committee report on SBi1896.
A record vote was requested.
The motion to adopt the conference committee report on SBi1896 prevailed by (Record 1815): 141 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons(C); Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker.
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst; McClendon.
Absent — Corte; Moreno; Oliveira.
SB 763 - ADOPTION OF CONFERENCE COMMITTEE REPORT
Representative Harper-Brown submitted the conference committee report on SBi763.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6153
Representative Harper-Brown moved to adopt the conference committee report on SBi763.
A record vote was requested.
The motion to adopt the conference committee report on SBi763 prevailed by (Record 1816): 139 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jones; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons(C); Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Jackson.
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst; McClendon.
Absent — Keffer; McReynolds; Moreno; Oliveira.
HB 930 - ADOPTION OF CONFERENCE COMMITTEE REPORT
Representative Chavez submitted the following conference committee report on HBi930:
Austin, Texas, May 25, 2007
The Honorable David Dewhurst
President of the Senate
The Honorable Tom Craddick
Speaker of the House of Representatives
Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HBi930 have had the same under consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
| Uresti | Chavez |
| Harris | Castro |
| Hinojosa | Corte |
| Watson | Garcia |
6154 80th LEGISLATURE — REGULAR SESSION
| Wentworth | Taylor |
| On the part of the senate | On the part of the house |
HB 930, A bill to be entitled An Act relating to certain orders rendered by, and preservation of the record in matters heard by, an associate judge under the Family Code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 201.007, Family Code, is amended by amending Subsections (a) and (c) and adding Subsection (d) to read as follows:
(a)iiExcept as limited by an order of referral, an associate judge may:
(1)iiconduct a hearing;
(2)iihear evidence;
(3)iicompel production of relevant evidence;
(4)iirule on the admissibility of evidence;
(5)iiissue a summons for the appearance of witnesses;
(6)iiexamine a witness;
(7)iiswear a witness for a hearing;
(8)iimake findings of fact on evidence;
(9)iiformulate conclusions of law;
(10)iirecommend an order to be rendered in a case;
(11)iiregulate all proceedings in a hearing before the associate judge;
(12)iiorder the attachment of a witness or party who fails to obey a subpoena;
(13)iiorder the detention of a witness or party found guilty of contempt, pending approval by the referring court as provided by Section 201.013;
(14)iiwithout prejudice to the right of appeal under Section 201.015, render and sign:
(A)iia final order agreed to in writing as to both form and substance by all parties;
(B)iia final default order; [or]
(C)iia temporary order; or
(D)iia final order in a case in which a party files an unrevoked
waiver made in accordance with Rule 119, Texas Rules of Civil Procedure, that
waives notice to the party of the final hearing or waives the party's appearance at
the final hearing; [and]
(15)iitake action as necessary and proper for the efficient performance of the associate judge's duties; and
(16)iisign a final order that includes a waiver of the right of appeal pursuant to Section 201.015.
(c)iiAn [agreed] order described by Subsection (a)(14) that is[, a default
order, or a temporary order] rendered and signed by an associate judge [under
Subsection (a)] constitutes an order of the referring court.
(d)iiAn answer filed by or on behalf of a party who previously filed a waiver described in Subsection (a)(14)(D) shall revoke that waiver.
SECTIONi2.iiThe heading to Section 201.009, Family Code, is amended to read as follows:
Sec.i201.009.iiCOURT REPORTER; RECORD.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6155
SECTIONi3.iiSections 201.009(a) and (c), Family Code, are amended to read as follows:
(a)iiA court reporter may be provided during a hearing held by an associate judge appointed under this chapter. A court reporter is required to be provided when the associate judge presides over a jury trial or a contested final termination hearing.
(c)iiExcept as provided by Subsection (a), in the absence of a court reporter
or on agreement of the parties, the [The] record may be preserved [in the absence
of a court reporter] by any [other] means approved by the associate judge.
SECTIONi4.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, 2007.
Representative Chavez moved to adopt the conference committee report on HBi930.
A record vote was requested.
The motion to adopt the conference committee report on HBi930 prevailed by (Record 1817): 135 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Swinford; Talton; Taylor; Thompson; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst; McClendon.
Absent — Alonzo; Darby; Haggerty; Moreno; Oliveira; Parker; Straus; Truitt.
6156 80th LEGISLATURE — REGULAR SESSION
STATEMENTS OF VOTE
When Record No. 1817 was taken, I was in the house but away from my desk. I would have voted yes.
Parker
When Record No. 1817 was taken, I was in the house but away from my desk. I would have voted yes.
Straus
SB 1983 - ADOPTION OF CONFERENCE COMMITTEE REPORT
Representative Darby submitted the conference committee report on SBi1983.
Representative Darby moved to adopt the conference committee report on SBi1983.
A record vote was requested.
The motion to adopt the conference committee report on SBi1983 prevailed by (Record 1818): 139 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons(C); Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker.
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst; McClendon.
Absent — Callegari; Creighton; Hughes; Moreno; Oliveira.
STATEMENT OF VOTE
When Record No. 1818 was taken, I was in the house but away from my desk. I would have voted yes.
Creighton
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6157
(McClendon now present)
SB 222 - ADOPTION OF CONFERENCE COMMITTEE REPORT
Representative Giddings submitted the conference committee report on SBi222.
Representative Giddings moved to adopt the conference committee report on SBi222.
A record vote was requested.
The motion to adopt the conference committee report on SBi222 prevailed by (Record 1819): 142 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons(C); Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker.
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Geren; Moreno; Oliveira.
MESSAGE FROM THE SENATE
A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 2).
SB 1520 - ADOPTION OF CONFERENCE COMMITTEE REPORT
Representative Paxton submitted the conference committee report on SBi1520.
Representative Paxton moved to adopt the conference committee report on SBi1520.
A record vote was requested.
6158 80th LEGISLATURE — REGULAR SESSION
The motion to adopt the conference committee report on SBi1520 prevailed by (Record 1820): 142 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons(C); Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker.
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Moreno; Oliveira; Villarreal.
SB 1383 - HOUSE DISCHARGES CONFEREES
HOUSE APPOINTS NEW CONFEREES
On motion of Representative Harper-Brown, the house discharged the conferees on SBi1383.
The chair announced the appointment of the following conference committee, on the part of the house, on SB 1383: Smithee, chair; Darby, Morrison, Puente, and Gonzalez Toureilles.
HB 568 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Puente called up with senate amendments for consideration at this time,
HB 568, A bill to be entitled An Act relating to the requirements for an affidavit of voluntary relinquishment of parental rights.
Representative Puente moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 568.
The motion prevailed.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6159
The chair announced the appointment of the following conference committee, on the part of the house, on HB 568: Puente, chair; Hartnett, Turner, Parker, and Geren.
HB 2072 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Phillips called up with senate amendments for consideration at this time,
HB 2072, A bill to be entitled An Act relating to the appointment of temporary directors and the confirmation election of the Starr County Groundwater Conservation District.
Representative Phillips moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2072.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 2072: Guillen, chair; Hancock, Peña, Escobar, and Creighton.
HR 2264 - ADOPTED
(by Hodge)
Representative Hodge moved to suspend all necessary rules to take up and consider at this time HRi2264.
The motion prevailed.
The following resolution was laid before the house:
HR 2264, Commending Jeremy W. Turner for his service as a legislative intern in the office of State Representative Terri Hodge.
HR 2264 was read and was adopted.
On motion of Representative Hodge, the names of all the members of the house were added to HRi2264 as signers thereof.
RESOLUTIONS ADOPTED
Representative Callegari moved to suspend all necessary rules in order to take up and consider at this time HRi2266, HRi2374i-iHRi2377, HRi2379i-iHRi2381, HRi2387i-iHR 2401, HRi2519i-iHRi2521, HRi2524, HRi2526, HRi2528, HRi2532, and HRi2534i-iHR 2544.
The motion prevailed.
The following resolutions were laid before the house:
HR 2266 (by Dutton), Honoring Vernon Cannamore on his retirement as the program director of social studies for Galena Park Independent School District.
6160 80th LEGISLATURE — REGULAR SESSION
HR 2374 (by Chavez), Honoring Beatriz Burciaga for serving as Democratic chair of Precinct 1 in El Paso County.
HR 2375 (by Chavez), Honoring Judy Lugo for serving as Democratic chair of Precinct 66 in El Paso County.
HR 2376 (by Chavez), Honoring Robert A. Grijalva for serving as Democratic chair of Precinct 67 in El Paso County.
HR 2377 (by Chavez), Honoring Ramona De la Paz Torres for serving as Democratic chair of Precinct 68 in El Paso County.
HR 2379 (by Chavez), Honoring Dolores Zarzosa for serving as Democratic chair of Precinct 70 in El Paso County.
HR 2380 (by Chavez), Honoring Gabriel Pena for serving as Democratic chair of Precinct 71 in El Paso County.
HR 2381 (by Strama), Honoring Jessica Gonzalez for her service as a legislative intern in the office of State Representative Mark Strama.
HR 2387 (by T. King), Commemorating the 100th anniversary of the founding of Crystal City in November 2007.
HR 2388 (by Chavez), Honoring Calvin Hayward for serving as Democratic chair of Precinct 72 in El Paso County.
HR 2389 (by Chavez), Honoring Jan "Juana" Engels for serving as Democratic chair of Precinct 73 in El Paso County.
HR 2390 (by Chavez), Honoring Carmen S. Duarte for serving as Democratic chair of Precinct 74 in El Paso County.
HR 2391 (by Chavez), Honoring Alfred Escalante, Jr., for serving as Democratic chair of Precinct 75 in El Paso County.
HR 2392 (by Chavez), Honoring Norman Chavez for serving as Democratic chair of Precinct 76 in El Paso County.
HR 2393 (by Chavez), Honoring Anna M. Dominguez for serving as Democratic chair of Precinct 78 in El Paso County.
HR 2394 (by Chavez), Honoring Daniel Lemus for serving as Democratic chair of Precinct 79 in El Paso County.
HR 2395 (by Chavez), Honoring Naomi Marquez for serving as Democratic chair of Precinct 80 in El Paso County.
HR 2396 (by Chavez), Honoring Pattielee Pinon for serving as Democratic chair of Precinct 81 in El Paso County.
HR 2397 (by Chavez), Honoring R. Esther Montoya for serving as Democratic chair of Precinct 82 in El Paso County.
HR 2398 (by Chavez), Honoring Sebastian Martinez for serving as Democratic chair of Precinct 83 in El Paso County.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6161
HR 2399 (by Chavez), Honoring Rey Estrada, Sr., for serving as Democratic chair of Precinct 87 in El Paso County.
HR 2400 (by Chavez), Honoring Enriqueta G. "Queta" Fierro for serving as Democratic chair of Precinct 88 in El Paso County.
HR 2401 (by Chavez), Honoring JoAn C. Lopez for serving as Democratic chair of Precinct 89 in El Paso County.
HR 2519 (by Gallego), Recognizing restaurateur Adam Gonzales of Austin for his professional achievements.
HR 2520 (by Craddick), Congratulating Janette and Richard Bowers of Horseshoe Bay on their 40th wedding anniversary.
HR 2521 (by Craddick), Congratulating Joanna Carrillo-Rowley on her selection as District 18 Assistant Principal of the Year by the Texas Elementary Principals and Supervisors Association.
HR 2524 (by Harper-Brown), Honoring the Irving Heritage Society for its service to the community.
HR 2526 (by Jones and Heflin), Recognizing 2007 as Colon Cancer Prevention and Awareness Year in Texas.
HR 2528 (by Zedler), Honoring Dr. Tom Annunziato, immediate past president of the Texas Optometric Association.
HR 2532 (by Deshotel), Recognizing July 17, 2007, as Salon Sanitation Awareness Day.
HR 2534 (by Deshotel), Congratulating gospel singer and constable of Jefferson County Precinct 6 Joe "Q. B." Stevenson on his singing performance in a Blue Bell Ice Cream commercial.
HR 2535 (by Deshotel), Congratulating Kristina Lindsey on her selection as a recipient of a 2007 Young Jefferson Award by the Beaumont Enterprise.
HR 2536 (by Deshotel), Congratulating Patty Williams on her selection as a recipient of a 2007 Jefferson Award by the Beaumont Enterprise.
HR 2537 (by Deshotel), Congratulating Haley Seymour on her selection as a recipient of a 2007 Young Jefferson Award by the Beaumont Enterprise.
HR 2538 (by Deshotel), Congratulating Georgeanne Wallen on her selection as a recipient of a 2007 Young Jefferson Award by the Beaumont Enterprise.
HR 2539 (by Deshotel), Congratulating Joe and Linda Domino on their selection for a 2007 Jefferson Award by the Beaumont Enterprise.
HR 2540 (by Deshotel), Congratulating Chris Gonzales on his selection as a recipient of a 2007 Jefferson Award by the Beaumont Enterprise.
HR 2541 (by Deshotel), Congratulating Margaret DeLong Mason LeBlanc on her selection as a recipient of a 2007 Jefferson Award by the Beaumont Enterprise.
6162 80th LEGISLATURE — REGULAR SESSION
HR 2542 (by Deshotel), Honoring Judge Ransom "Duce" Jones of Beaumont for his efforts to curb truancy.
HR 2543 (by Dutton), Congratulating Shirley Burks Howard on the occasion of her retirement from the Houston Independent School District on May 23, 2007.
HR 2544 (by Dutton), Honoring the Reverend Robert L. Thomas, Jr., on three years of service to the Olivet Missionary Baptist Church.
The resolutions were adopted.
HR 2527 - ADOPTED
(by Kolkhorst)
Representative Callegari moved to suspend all necessary rules to take up and consider at this time HRi2527.
The motion prevailed.
The following resolution was laid before the house:
HR 2527, In memory of Thomas Michael Buzbee of New Waverly.
HR 2527 was unanimously adopted by a rising vote.
HR 2529 - ADOPTED
(by Bohac)
Representative Callegari moved to suspend all necessary rules to take up and consider at this time HRi2529.
The motion prevailed.
The following resolution was laid before the house:
HR 2529, In memory of Harris County treasurer and legendary newsman Jack Cato of Houston.
HR 2529 was unanimously adopted by a rising vote.
RESOLUTIONS ADOPTED
Representative Pickett moved to suspend all necessary rules in order to take up and consider at this time HRi1999, HRi2236, HRi2238i-iHRi2240, HRi2242, HRi2243, HRi2245, HRi2247i-iHRi2262, HRi2440, HRi2442, HRi2443, HRi2445, HRi2456, HRi2459i-iHRi2463, HRi2468i-iHRi2472, HRi2479i-iHRi2481, HRi2652i-iHRi2655, HRi2658i-iHRi2668, HRi2670, HRi2672i-iHRi2677, and HRi2681i-iHRi2695.
The motion prevailed.
The following resolutions were laid before the house:
HR 1999 (by Jackson, W. Smith, and Talton), Congratulating Larry and Linda Cernosek of Deer Park on their 30th wedding anniversary.
HR 2236 (by Morrison), Congratulating the Memorial Dance and Drill Team of Memorial High School in Victoria on winning the national title at the 2007 American Dance Team School International Competition.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6163
HR 2238 (by Isett), Recognizing Laura Lynn Lewis of Lubbock on her achievements as an artist.
HR 2239 (by Martinez Fischer), Honoring Nick LaMantia, the main "12th Man" of the 2006 Texas A&M University Aggie football team.
HR 2240 (by Martinez Fischer and Herrero), Congratulating Diana Saldana on her appointment as a United States magistrate judge for the United States District Court, Southern District of Texas.
HR 2242 (by Chavez), Honoring JoAnn G. Robles for serving as Democratic chair of Precinct 27 in El Paso County.
HR 2243 (by Chavez), Honoring Craig Eric Sharp for serving as Democratic chair of Precinct 54 in El Paso County.
HR 2244 (by Chavez), Honoring Dolores Salcido for serving as Democratic chair of Precinct 64 in El Paso County.
HR 2245 (by Chavez), Honoring Sandra Martinez for serving as Democratic chair of Precinct 63 in El Paso County.
HR 2247 (by Chavez), Honoring Lucia Salcido for serving as Democratic chair of Precinct 61 in El Paso County.
HR 2248 (by Chavez), Honoring Ernesto J. Dominguez, Jr., for serving as Democratic chair of Precinct 59 in El Paso County.
HR 2249 (by Chavez), Honoring Tony Petry for serving as Democratic chair of Precinct 58 in El Paso County.
HR 2250 (by Chavez), Honoring Dora Moreno for serving as Democratic chair of Precinct 56 in El Paso County.
HR 2251 (by Chavez), Honoring Luis Ruiz for serving as Democratic chair of Precinct 55 in El Paso County.
HR 2252 (by Chavez), Honoring Yolanda Clay for serving as Democratic chair of Precinct 53 in El Paso County.
HR 2253 (by Chavez), Honoring Isaac Pepper for serving as Democratic chair of Precinct 51 in El Paso County.
HR 2254 (by Chavez), Honoring Maria Irene Torres for serving as Democratic chair of Precinct 49 in El Paso County.
HR 2255 (by Chavez), Honoring Ruth Perez for serving as Democratic chair of Precinct 45 in El Paso County.
HR 2256 (by Chavez), Honoring Lucia A. Calixtro for serving as Democratic chair of Precinct 42 in El Paso County.
HR 2257 (by Chavez), Honoring Oliver Barraza for serving as Democratic chair of Precinct 38 in El Paso County.
HR 2258 (by Chavez), Honoring Rosa M. Rangel for serving as Democratic chair of Precinct 36 in El Paso County.
6164 80th LEGISLATURE — REGULAR SESSION
HR 2259 (by Chavez), Honoring Sergio Romo for serving as Democratic chair of Precinct 35 in El Paso County.
HR 2260 (by Chavez), Honoring Soledad "Chloe" Galvan for serving as Democratic chair of Precinct 34 in El Paso County.
HR 2261 (by Chavez), Honoring Jim Kelly for serving as Democratic chair of Precinct 33 in El Paso County.
HR 2262 (by Chavez), Honoring Connie Finke for serving as Democratic chair of Precinct 30 in El Paso County.
HR 2440 (by Deshotel, et al.), Recognizing Noah Erasmo Lopez of Dallas on his first birthday.
HR 2442 (by W. Smith), Recognizing May 20 to May 26, 2007, as National Public Works Week.
HR 2443 (by McClendon), Recognizing the San Antonio chapter of the Prairie View A&M University Alumni Association.
HR 2445 (by Martinez Fischer), Recognizing Valero Energy Corporation on its selection for the number one slot on Fortune magazine's "Best Big Companies to Work For" list.
HR 2456 (by Oliveira), Congratulating Dr. Selma D. Yznaga on earning an 'Ohana Honors award from Counselors for Social Justice.
HR 2459 (by Hopson), Commemorating the 100th anniversary of the founding of the Carthage Book Club.
HR 2460 (by Hopson), Congratulating Charles and Oma Geraldine Flewellen of Beach City on their 50th wedding anniversary.
HR 2461 (by Hopson), Honoring Lieutenant Rickey Turner on his retirement from the Henderson Police Department.
HR 2462 (by Flynn), Congratulating the boys' golf team of Edgewood High School on winning the 2A State Championship.
HR 2463 (by Miller), Honoring the boys' track and field team of Copperas Cove High School for winning the UIL Class 4A State Championship.
HR 2468 (by P. King), Honoring Johnie Herbert for his nine years of service on the Weatherford City Council.
HR 2469 (by P. King), Congratulating the Trinity Christian Academy girls' basketball team on winning the 2007 Texas Christian Athletic Fellowship district championship and advancing to the state championship final.
HR 2470 (by P. King), Congratulating the Eagles football team of Trinity Christian Academy in Willow Park for winning the 2006 Texas Christian Schools Athletic Fellowship Division 1 state championship in six-man football.
HR 2471 (by P. King), Congratulating the Trinity Christian Academy girls' tennis team on its success at the 2007 Texas Christian Athletic Fellowship state tennis tournament.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6165
HR 2472 (by P. King), Congratulating the Trinity Christian Academy baseball team on winning the 2007 Texas Christian Athletic Fellowship state championship.
HR 2479 (by Noriega), Congratulating Timur Tsend and Laura DeLeon on their wedding.
HR 2480 (by Rose), Honoring Francis E. Bartley on his graduation from Texas State University-San Marcos, his service as the TSU System's first student regent, and his work as a legislative intern in the TSU Office of Governmental Relations.
HR 2481 (by Rose), Honoring Amberlyn Fett of Dripping Springs on her receipt of the Youth Good Samaritan Award from the Central Texas Red Cross Association.
HR 2652 (by Flynn), Commemorating the 25th anniversary of Wills Point International Outreach Church.
HR 2653 (by Raymond), Commending the Honorable Nathan Macias for his service to his state and nation.
HR 2654 (by Raymond), Commending the Honorable Joe Farias of San Antonio for his outstanding military service to this country.
HR 2655 (by Raymond), Commending the Honorable Juan M. Garcia III for his outstanding service to this country.
HR 2658 (by D. Howard), Congratulating Arthur W. and Jane E. Day on the occasion of their 50th wedding anniversary.
HR 2659 (by Morrison), Honoring the Port of Victoria for its contributions to the State of Texas.
HR 2660 (by Branch), Congratulating the nine Texas students who have been named to the 2007 U.S. Lacrosse Men's Division High School All-America Team.
HR 2661 (by Branch), Congratulating William Lawson of Highland Park High School on being named to the 2007 U.S. Lacrosse Men's Division High School All-America Team.
HR 2662 (by Branch), Congratulating Rhett Miller and Alex Hardt of the Episcopal School of Dallas on being named to the 2007 U.S. Lacrosse Men's Division High School All-America Team.
HR 2663 (by Branch), Congratulating Spencer Branch and George Lauinger of St. Mark's School of Texas in Dallas on being named to the 2007 U.S. Lacrosse Men's Division High School All-America Team.
HR 2664 (by Escobar), Honoring Roel M. Villarreal on his retirement as the director of financial aid for Texas A&M University-Kingsville.
HR 2665 (by Escobar), Congratulating Andrew Hernandez of Raymondville on winning the 800-meter race at the 2007 UIL state track meet.
6166 80th LEGISLATURE — REGULAR SESSION
HR 2666 (by Escobar), Commemorating the 101st anniversary of First Baptist Church of Falfurrias.
HR 2667 (by Straus), Congratulating Sunshine Cottage School for Deaf Children in San Antonio on its 60th anniversary.
HR 2668 (by T. Smith), Recognizing the participants of the Bedford Heights Elementary School Spanish Immersion Program.
HR 2670 (by T. Smith), Commemorating the third anniversary of the founding of the Welcome Home a Hero program.
HR 2672 (by T. Smith), Honoring Boyd and Nan Mercer of Hurst on their 60th wedding anniversary.
HR 2673 (by Jackson), Congratulating Kristy Lora Eanes and John Michael Eanes on the birth of their son, Kyle Michael Eanes.
HR 2674 (by Jackson), Congratulating Ann Duffy on her graduation from The University of Texas at Austin.
HR 2675 (by Hill), Honoring Michael "Mick" Massey on his service as the legislative chair of the Texas Recreation and Park Society.
HR 2676 (by Hill), Commending Police Chief Larry Zacharias for his years of service to the Richardson Police Department and for his service as legislative committee chair of the Texas Police Chiefs Association.
HR 2677 (by Geren), Commending Tom Dickerson for his service to the Texas Nursery and Landscape Association.
HR 2681 (by Merritt), Commemorating the 25th anniversary of the establishment of St. Mary's Catholic Church in Longview.
HR 2682 (by Goolsby), Honoring Patricia A. Liendo on her graduation from The University of Texas at Austin.
HR 2683 (by Peña), Honoring Veronica "Ronnie" Cortez and Clay Cortez of Austin for their service as house pages.
HR 2684 (by Peña), Congratulating The University of Texas-Pan American ROTC Battalion on earning the 2006 General Douglas MacArthur Award.
HR 2685 (by Peña), Commending Victor Anthony Flores of Edinburg on his service as a legislative intern in the office of Representative Aaron Pena.
HR 2686 (by Peña), Commending John Nicholas de la Vina for his service as a legislative aide in the office of Representative Aaron Pena.
HR 2687 (by Peña), Commending Maricela De Leon for her exemplary service as a legislative intern in the office of State Representative Aaron Pena.
HR 2688 (by Peña), Congratulating Linh Gia Luong on being named the 2007 salutatorian for Edinburg High School.
HR 2689 (by Peña), Honoring Linda Isela Figueroa on being named the 2007 valedictorian at Edinburg High School.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6167
HR 2690 (by Peña), Recognizing the second annual Texas Cook 'Em barbecue cook-off in Edinburg.
HR 2691 (by Herrero), Congratulating the Corpus Christi Young Lawyers Association on earning first place in the Texas Young Lawyers Association Awards of Achievement Program.
HR 2692 (by Giddings), Requesting certain junior college districts to evaluate the implementation of an African American studies program.
HR 2693 (by B. Brown), Recognizing Mayor Frances R. Anderson of Terrell for her contributions to her community.
HR 2694 (by B. Brown), Honoring Ruth Hellums on the dedication of the Ruth Hellums Homecoming Pavilion at Cottonwood Baptist Church.
HR 2695 (by B. Brown), Recognizing Andrew Carroll Boening for his service as an administrative aide in the office of State Representative Betty Brown and on his graduation from The University of Texas at Austin.
The resolutions were adopted.
RESOLUTIONS ADOPTED
Representative Pickett moved to suspend all necessary rules in order to take up and consider at this time HR 2027 - HR 2029, HR 2444, HR 2446, HR 2474, HRi2476, HR 2477, HR 2657, and HR 2680.
The motion prevailed.
The following resolutions were laid before the house:
HR 2027 (by Hilderbran), In memory of David L. Vetter of Ingram.
HR 2028 (by Hilderbran), In memory of Kenneth Brice Shackelford of Real County.
HR 2029 (by Hilderbran), In memory of Rena Joe Patterson Johnson of Rocksprings.
HR 2444 (by Gallego), In memory of Zina Keith Worley of Del Rio.
HR 2446 (by Herrero, et al.), In memory of Ruben Dario Cavada of Corpus Christi.
HR 2474 (by Harless), In memory of Franne R. Michaels of Houston.
HR 2476 (by Garcia), In memory of Farrah "Vick" Vickers of Sinton.
HR 2477 (by Rose), In memory of Paula Kay Wolking of San Marcos.
HR 2657 (by Gattis), In memory of Jim Wilson of Granite Shoals.
HR 2680 (by Bohac), In memory of Hugh Alexander LeVrier.
The resolutions were unanimously adopted by a rising vote.
6168 80th LEGISLATURE — REGULAR SESSION
RESOLUTIONS ADOPTED
Representative R. Cook moved to suspend all necessary rules in order to take up and consider at this time HCRi253, HCRi258, HCRi263, HRi2569, HRi2570, HRi2572i-iHR 2575, HRi2577i-iHRi2580, HRi2582, HRi2584i-iHRi2586, HRi2589, HRi2591i-iHRi2608, HRi2610, HRi2612i-iHRi2616, HRi2622, HRi2623, HRi2625, HRi2626, HRi2630i-iHRi2632, HRi2634, and HRi2636i-iHRi2651.
The motion prevailed.
The following resolutions were laid before the house:
HCR 253 (by Kuempel and D. Howard), Honoring Thomas L. Johnson, Sr., on his induction into the Texas Transportation Institute Hall of Honor.
HCR 258 (by Gonzalez Toureilles), Honoring the city of Orange Grove on its centennial.
HCR 263 (by T. Smith), Commemorating the posthumous induction of former American Airlines president C. R. Smith into the Texas Transportation Hall of Honor.
HR 2569 (by Escobar), Congratulating Roberto Gonzalez of Falfurrias on his athletic achievements.
HR 2570 (by Escobar), Commending Juanita Tijerina for her work as a legislative aide in the office of State Representative Juan Manuel Escobar.
HR 2572 (by Geren), Recognizing the Patriot Guard Riders for their tributes to our nation's fallen military personnel and for their support of those individuals' families and communities.
HR 2573 (by Gattis), Honoring Judge John Doerfler on his retirement as county judge of Williamson County.
HR 2574 (by Gattis), Commending Jane Tableriou for her years of service to Williamson County.
HR 2575 (by Bohac), Honoring John L. Oden of Houston on his 101st birthday.
HR 2577 (by Herrero), Honoring the state-qualifying powerlifters of Banquete High School.
HR 2578 (by Dutton), Congratulating Linda and David Brooks of Austin on the birth of their daughter, Julia Hazel Brooks.
HR 2579 (by Raymond), Commending the Honorable Dr. Jimmie Don Aycock of Killeen for his outstanding military service to this country.
HR 2580 (by Raymond), Commending the Honorable Thomas R. Latham of Sunnyvale for his outstanding military service to his country.
HR 2582 (by Frost), Commemorating the 10th anniversary of the founding of the West Bowie County Rotary Club.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6169
HR 2584 (by Krusee), Congratulating Isaac Norman of Taylor on the inclusion of his house in the National Register of Historic Places.
HR 2585 (by Flynn), Honoring East Tawakoni on its 40th anniversary.
HR 2586 (by Harper-Brown), Congratulating Ray and Ida Massey of Irving on their 60th wedding anniversary.
HR 2589 (by Craddick), Commending the students of Midland ISD who volunteered their time to Midland Teen Court.
HR 2591 (by Murphy), Honoring Salim Jaradi Ahmad for serving as Republican Party precinct chair of Precinct 96 in Harris County.
HR 2592 (by Murphy), Honoring Charles Alcorn for serving as Republican Party precinct chair of Precinct 438 in Harris County.
HR 2593 (by Bolton), Honoring Liz Rawls on her retirement from the office of the Texas Comptroller of Public Accounts.
HR 2594 (by Murphy), Honoring Bob Blackmer for serving as Republican Party precinct chair of Precinct 338 in Harris County.
HR 2595 (by Murphy), Honoring Helen Bledsoe for serving as Republican Party precinct chair of Precinct 626 in Harris County.
HR 2596 (by Murphy), Honoring Paulette Burkhart for serving as Republican Party precinct chair of Precinct 493 in Harris County.
HR 2597 (by Murphy), Honoring Steve Dorman for serving as Republican Party precinct chair of Precinct 130 in Harris County.
HR 2598 (by Murphy), Honoring Shelly Hillman for serving as Republican Party precinct chair of Precinct 504 in Harris County.
HR 2599 (by Murphy), Honoring Jack Jones for serving as Republican Party precinct chair of Precinct 499 in Harris County.
HR 2600 (by Murphy), Honoring Robert Kerr for serving as Republican Party precinct chair of Precinct 508 in Harris County.
HR 2601 (by Murphy), Honoring Roman Klein for serving as Republican Party precinct chair of Precinct 437 in Harris County.
HR 2602 (by Murphy), Honoring Mary K. Maxwell for serving as Republican Party precinct chair of Precinct 483 in Harris County.
HR 2603 (by Murphy), Honoring Stewart Mayper for serving as Republican Party precinct chair of Precinct 492 in Harris County.
HR 2604 (by Murphy), Honoring Jim McSpadden for serving as Republican Party precinct chair of Precinct 727 in Harris County.
HR 2605 (by Murphy), Honoring Larry Pound for serving as Republican Party precinct chair of Precinct 356 in Harris County.
HR 2606 (by Murphy), Honoring Sandy Steffes for serving as Republican Party precinct chair of Precinct 395 in Harris County.
6170 80th LEGISLATURE — REGULAR SESSION
HR 2607 (by Murphy), Honoring Warren Stevens for serving as Republican Party precinct chair of Precinct 429 in Harris County.
HR 2608 (by Murphy), Honoring Jeff Williams for serving as Republican Party precinct chair of Precinct 625 in Harris County.
HR 2610 (by Rodriguez), Honoring attorney Barbara Hines for her work in behalf of immigrant rights.
HR 2612 (by Hernandez), Commending all the participants in the Texas Legislative Internship Program during the 80th Legislative Session.
HR 2613 (by Noriega), Congratulating Lieutenant Colonel William M. Pina on his retirement from the Texas Army National Guard.
HR 2614 (by Noriega), Congratulating Gary Walston on his retirement from the Texas ESGR program.
HR 2615 (by Corte), Honoring Derba Mills, the founder of Clothesline Cleaners.
HR 2616 (by Corte), Honoring Thomas H. Dickerson for his service to his profession and community.
HR 2622 (by Hughes), Honoring the 60th anniversary of KMHT Radio in Marshall.
HR 2623 (by Raymond), Commending the Honorable Allen Vaught of Dallas for his outstanding military service to this country.
HR 2625 (by S. King), Honoring Renee Clark of Wylie High School for her work with the school's UIL academic team.
HR 2626 (by S. King), Honoring Terri Burke for her years of service to the Abilene Reporter-News.
HR 2630 (by Hill), Congratulating the Richardson High School mock trial team on its state championship and its success at the national championships.
HR 2631 (by Hill), Congratulating the Richardson High School Robotics Team on winning the Bots IQ 2007 national competition.
HR 2632 (by Hill), Recognizing Melissa Henderson of Berkner High School in Richardson on her selection as the 2006-2007 Gatorade National Girls Soccer Player of the Year.
HR 2634 (by Hilderbran), Commemorating the 250th anniversary of the founding of the Presidio de San Saba and Mission Santa Cruz de San Saba in Menard.
HR 2636 (by Parker), Honoring Stacie McClinton for her kidney donation to her husband, Clay McClinton, and commending both Mr. and Mrs. McClinton for their efforts to encourage organ donation.
HR 2637 (by Hernandez), Honoring Harold Boone, Jr., for his participation in the Texas Legislative Internship Program.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6171
HR 2638 (by Pickett), Recognizing the 150th anniversary of the historic El Paso & Southwestern Locomotive No. 1.
HR 2639 (by Hernandez), Honoring Kimberly Player for her participation in the Texas Legislative Internship Program.
HR 2640 (by Hernandez), Honoring Keshia Babin for her participation in the Texas Legislative Internship Program.
HR 2641 (by Hernandez), Honoring Heather Ragsdale for her participation in the Texas Legislative Internship Program.
HR 2642 (by Hernandez), Honoring Angela Owens of Houston for her participation in the Texas Legislative Internship Program.
HR 2643 (by Hernandez), Honoring Namitha Jacob of Missouri City for her participation in the Texas Legislative Internship Program.
HR 2644 (by Hernandez), Honoring James C. Lacey for his participation in the Texas Legislative Internship Program.
HR 2645 (by Hernandez), Honoring Stefani Garcia of Houston for her participation in the Texas Legislative Internship Program.
HR 2646 (by Hernandez, et al.), Honoring Cynthia D. Brum for her participation in the Texas Legislative Internship Program.
HR 2647 (by Hernandez), Honoring Edwin Ortiz of Austin for his participation in the Texas Legislative Internship Program.
HR 2648 (by Hernandez), Honoring Rashandra Hayes for her participation in the Texas Legislative Internship Program.
HR 2649 (by Hernandez), Honoring Michael Floissac of Houston for his participation in the Texas Legislative Internship Program.
HR 2650 (by Craddick), Congratulating Don and Virginia McPeak of Midland on their 65th wedding anniversary.
HR 2651 (by Flynn), Congratulating Tommy and Ann Evans of Quinlan on their 50th wedding anniversary.
The resolutions were adopted.
RESOLUTIONS ADOPTED
Representative R. Cook moved to suspend all necessary rules in order to take up and consider at this time HRi2568, HRi2571, HRi2587, HRi2590, HRi2620, HRi2621, HRi2627, HRi2629, and HRi2633.
The motion prevailed.
The following resolutions were laid before the house:
HR 2568 (by Escobar), In memory of the Honorable Reynaldo M. Munoz, justice of the peace of Precinct 1 in Kleberg County.
HR 2571 (by Deshotel), In memory of Yolanda King.
6172 80th LEGISLATURE — REGULAR SESSION
HR 2587 (by McCall), In memory of former First Lady of Texas Idanell "Nellie" Connally.
HR 2590 (by Macias), In memory of U.S. Army Corporal Anthony M. Bradshaw of New Braunfels.
HR 2620 (by Gallego), In memory of U.S. Army Private Oscar Sauceda, Jr., of Del Rio.
HR 2621 (by Taylor), In memory of Israel Louis Schwartz.
HR 2627 (by Mowery), In memory of U.S. Army Specialist Lance C. Springer III of Fort Worth.
HR 2629 (by Krusee), In memory of U.S. Marine Sergeant Christopher M. Zimmerman of Stephenville.
HR 2633 (by Hardcastle), In memory of U.S. Army Specialist Ryan Collins of Vernon.
The resolutions were unanimously adopted by a rising vote.
RESOLUTIONS ADOPTED
Representative Kuempel moved to suspend all necessary rules in order to take up and consider at this time HRi2402, HRi2404, HRi2407, HRi2409, HRi2412, HRi2416, HRi2422, HR 2424i-iHRi2437, HRi2439, HRi2484, HRi2486, HRi2496, HRi2498i-iHRi2518, HRi2547i-iHRi2559, HRi2561i-iHRi2565, and HRi2567.
The motion prevailed.
The following resolutions were laid before the house:
HR 2402 (by Gonzales), Honoring Morris and Rita Atlas of McAllen on the establishment of a UT scholarship in their name by the Hidalgo-Starr Texas Exes.
HR 2404 (by Zedler), Honoring Dr. Carolyn R. Carman-Merrifield of Mansfield for her professional achievements.
HR 2407 (by Truitt), Congratulating Kristopher Puddy and Ragan Clay on their wedding.
HR 2409 (by R. Cook), Honoring Southside Market and Barbecue of Elgin on its 125th anniversary.
HR 2412 (by Farrar), Commemorating the 13th anniversary of the first keg shipped by the Saint Arnold Brewing Company of Houston.
HR 2416 (by Eiland), Recognizing May 21-28, 2007, as National Beach Safety Week in Galveston.
HR 2422 (by Dunnam), Honoring Evelyn Howard on being named the 2006 Caregiver of the Year by Visiting Angels Living Assistance Services.
HR 2424 (by Craddick), Congratulating Hector "Rocky" Valdes on his selection as District 18 Principal of the Year by the Texas Elementary Principals and Supervisors Association.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6173
HR 2425 (by Craddick), Congratulating Ed and Marilee Runyan of Midland on their 50th wedding anniversary.
HR 2426 (by Craddick), Congratulating Cassandra Lyons of DeZavala Elementary School in Midland for being named a Wal-Mart Teacher of the Year.
HR 2427 (by T. Smith), Congratulating Ian Slinker of Trinity High School on becoming a National Merit Scholar finalist.
HR 2428 (by T. Smith), Congratulating James Mercado of Trinity High School on becoming a National Merit Scholar finalist.
HR 2429 (by T. Smith), Congratulating Kaitlyn Bryant of Trinity High School on becoming a National Merit Scholar finalist.
HR 2430 (by T. Smith), Congratulating Katie Baker of Trinity High School on becoming a National Merit Scholar finalist.
HR 2431 (by T. Smith), Congratulating Sam Smith of L .D. Bell High School on becoming a National Merit Scholar finalist.
HR 2432 (by T. Smith), Congratulating Nicole Rowlette of L.iD. Bell High School on becoming a National Merit Scholar finalist.
HR 2433 (by T. Smith), Honoring Dr. Lynne Rigg on her retirement from Hurst-Euless-Bedford Independent School District as the deputy superintendent for business operations.
HR 2434 (by T. Smith), Congratulating Alyssa Nabors of L.iD. Bell High School on becoming a National Merit Scholar finalist.
HR 2435 (by T. Smith), Congratulating Ben Fain of L.D. Bell High School on becoming a National Merit Scholar finalist.
HR 2436 (by T. Smith), Congratulating Brian Balthrop of L.iD. Bell High School on becoming a National Merit Scholar finalist.
HR 2437 (by T. Smith), Congratulating Alexandra Weeks of L. D. Bell High School on becoming a 2006-2007 National Hispanic Recognition Scholar.
HR 2439 (by Escobar), Commending Erin Atwood for her work as an education policy analyst in the office of State Representative Juan Manuel Escobar.
HR 2484 (by Merritt), Congratulating Lindale native Miranda Lambert for winning the New Female Vocalist honor at the Academy of Country Music Awards.
HR 2486 (by Merritt), Commemorating the 25th anniversary of the establishment of St. Mary's Catholic Church in Longview.
HR 2496 (by Vaught), Honoring Evelyn Korn of Dallas on her 100th birthday.
HR 2498 (by Zedler), Commending Melba McDowell of Tarrant County for her civic service and political activism.
6174 80th LEGISLATURE — REGULAR SESSION
HR 2499 (by Chavez), Honoring Maria Castanon-Williams for serving as Democratic chair of Precinct 90 in El Paso County.
HR 2500 (by Chavez), Honoring Santiago L. Rodriguez for serving as Democratic chair of Precinct 92 in El Paso County.
HR 2501 (by Chavez), Honoring Rose Maya for serving as Democratic chair of Precinct 93 in El Paso County.
HR 2502 (by Chavez), Honoring Manuel Moreno for serving as Democratic chair of Precinct 94 in El Paso County.
HR 2503 (by Chavez), Honoring Ceci Carpio for serving as Democratic chair of Precinct 98 in El Paso County.
HR 2504 (by Chavez), Honoring Pat White for serving as Democratic chair of Precinct 96 in El Paso County.
HR 2505 (by Chavez), Honoring Richard Martinez for serving as Democratic chair of Precinct 101 in El Paso County.
HR 2506 (by Chavez), Honoring Al Briones for serving as Democratic chair of Precinct 100 in El Paso County.
HR 2507 (by Chavez), Honoring Clarissa S. Elias for serving as Democratic chair of Precinct 99 in El Paso County.
HR 2508 (by Chavez), Honoring Maria Anchondo for serving as Democratic chair of Precinct 104 in El Paso County.
HR 2509 (by Chavez), Honoring Ruth Williams for serving as Democratic chair of Precinct 103 in El Paso County.
HR 2510 (by Chavez), Honoring Antonio R. Franco for serving as Democratic chair of Precinct 102 in El Paso County.
HR 2511 (by Chavez), Honoring Albert Alvidrez for serving as Democratic chair of Precinct 110 in El Paso County.
HR 2512 (by Chavez), Honoring Gabriela Catellano for serving as Democratic chair of Precinct 109 in El Paso County.
HR 2513 (by Chavez), Honoring Annabell Perez for serving as Democratic chair of Precinct 108 in El Paso County.
HR 2514 (by Chavez), Honoring Argelia Torres for serving as Democratic chair of Precinct 119 in El Paso County.
HR 2515 (by Chavez), Honoring Margarita Duran for serving as Democratic chair of Precinct 117 in El Paso County.
HR 2516 (by Chavez), Honoring Larry Arms for serving as Democratic chair of Precinct 115 in El Paso County.
HR 2517 (by Chavez), Honoring Norma Borunda for serving as Democratic chair of Precinct 112 in El Paso County.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6175
HR 2518 (by Chavez), Honoring Aurelia Roque for serving as Democratic chair of Precinct 123 in El Paso County.
HR 2547 (by S. King), Honoring Jack Maxwell for the creation of the sculpture Jacob's Dream for Abilene Christian University.
HR 2548 (by Hernandez), Honoring Rose Springs for serving as Democratic Party precinct chair of Precinct 229 in Harris County.
HR 2549 (by Hernandez), Honoring Tony Valdez for serving as Democratic Party precinct chair of Precinct 79 in Harris County.
HR 2550 (by Hernandez), Honoring Wilbert F. Biggs for serving as Democratic Party precinct chair of Precinct 81 in Harris County.
HR 2551 (by Hernandez), Honoring Myrna Green for serving as Democratic Party precinct chair of Precinct 266 in Harris County.
HR 2552 (by Hernandez), Honoring Joe R. Reyna for serving as Democratic Party precinct chair of Precinct 188 in Harris County.
HR 2553 (by Hernandez), Honoring Jan C. Crenshaw for serving as Democratic Party precinct chair of Precinct 375 in Harris County.
HR 2554 (by Hernandez), Honoring James Lopez for serving as Democratic Party precinct chair of Precinct 530 in Harris County.
HR 2555 (by Hernandez), Honoring Eric Zuniga for serving as Democratic Party precinct chair of Precinct 62 in Harris County.
HR 2556 (by Hernandez), Honoring Richard V. Cortez for serving as Democratic Party precinct chair of Precinct 64 in Harris County.
HR 2557 (by Hernandez), Honoring Robert C. Clowers for serving as Democratic Party precinct chair of Precinct 208 in Harris County.
HR 2558 (by Hernandez), Honoring Patricia Montoya for serving as Democratic Party precinct chair of Precinct 191 in Harris County.
HR 2559 (by Hernandez), Honoring Wayne Nichols for serving as Democratic Party precinct chair of Precinct 163 in Harris County.
HR 2561 (by Bohac), Congratulating Raymond Jacob Garcia of Houston on achieving the rank of Eagle Scout.
HR 2562 (by Escobar), Honoring Coach Richard Cundiff on his retirement as head football coach at Texas A&M University-Kingsville.
HR 2564 (by Escobar), Congratulating Alice G. Mendoza of Kingsville on her appointment to the Texas State Board of Pharmacy.
HR 2565 (by Escobar), Congratulating Tiffany Vargas of Raymondville for winning regional, state, and national powerlifting championships.
HR 2567 (by Escobar), Honoring America's Last Patrol, Inc., for its efforts in behalf of POWs, MIAs, and their families.
The resolutions were adopted.
6176 80th LEGISLATURE — REGULAR SESSION
RESOLUTIONS ADOPTED
Representative Kuempel moved to suspend all necessary rules in order to take up and consider at this time HRi2408, HRi2410, HRi2487, HRi2490, HRi2497, HRi2546, HRi2563, and HRi2566.
The motion prevailed.
The following resolutions were laid before the house:
HR 2408 (by Bohac), In memory of Mary Margaret Hughes of Houston.
HR 2410 (by Hilderbran), In memory of Stu Mitchell of Kerrville.
HR 2487 (by Vaught), In memory of U.S. Army Colonel Jack "Jay" Cozby, Jr., of Dallas.
HR 2490 (by Olivo), In memory of Icidro R. Flores of Sinton.
HR 2497 (by Vaught), In memory of Carolyn Kay Bass of Plano.
HR 2546 (by Vaught), In memory of poet Wendy Dimmette of Dallas.
HR 2563 (by Escobar), In memory of Andres Roman Saenz of Falfurrias.
HR 2566 (by Escobar), In memory of U.S. Navy Petty Officer Third Class Ronchester Mananga Santiago of Kingsville.
The resolutions were unanimously adopted by a rising vote.
HB 1495 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Callegari called up with senate amendments for consideration at this time,
HB 1495, A bill to be entitled An Act relating to a bill of rights for property owners whose property may be acquired by governmental or private entities through the use of eminent domain authority.
Representative Callegari moved to concur in the senate amendments to HBi1495.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1821): 141 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6177
Present, not voting — Mr. Speaker.
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Coleman; Moreno; O'Day; Oliveira.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 1495 (Senate Committee Printing) as follows:
(1) In SECTION 5 of the bill, (page 2, line 18), strike "August 31, 2007" and insert January 31, 2008.
(2) In SECTION 7 of the bill, (page 2, line 27), strike "September 1, 2007" and insert February 1, 2008.
HB 2460 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Flynn called up with senate amendments for consideration at this time,
HB 2460, A bill to be entitled An Act relating to the continuation and functions of the Texas Commission on the Arts.
Representative Flynn moved to concur in the senate amendments to HBi2460.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1822): 140 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz;
6178 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — McCall; Moreno; Murphy; Oliveira.
Senate Committee Substitute
CSHB 2460, A bill to be entitled An Act relating to the continuation and functions of the Texas Commission on the Arts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 444.002(a), Government Code, is amended to read as follows:
(a)iiThe Texas Commission on the Arts is subject to Chapter 325 (Texas
Sunset Act). Unless continued in existence as provided by that chapter, the
commission is abolished and this chapter expires September 1, 2009 [2007].
SECTIONi2.iiSection 444.003(b), Government Code, is amended to read as follows:
(b)iiA person may not be a member of [is not eligible for appointment to]
the commission if the person or the person's spouse:
(1)iiis employed by or participates in the management of a business entity or other organization receiving money from the commission;
(2)iiowns or controls, directly or indirectly, [directly owns or controls]
more than a 10 percent interest in a business entity or other organization receiving
money [funds] from the commission; or
(3) [(2)] uses or receives a substantial amount of tangible goods,
services, or money [funds] from the commission, other than compensation or
reimbursement authorized by law for commission membership, attendance, or
expenses.
SECTIONi3.iiSections 444.006(a), (b), (d), (f), and (g), Government Code, are amended to read as follows:
(a)iiA person may not be [serve as] a member of the commission or act as
the general counsel to the commission if the person is required to register as a
lobbyist under Chapter 305 because of the person's activities for compensation on
behalf of a profession related to the operation of the commission.
(b)iiA person may not be a member of the commission and may not be a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:
(1)iithe person is an officer, employee, or paid consultant of a Texas trade association in the field of art; or
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6179
(2)iithe person's spouse is an officer, manager, or paid consultant of a
Texas trade association in the field of art [An officer, employee, or paid
consultant of a Texas trade association in the field of art may not be a member of
the commission or employee of the commission who is exempt from the state's
position classification plan or is compensated at or above the amount prescribed
by the General Appropriations Act for step 1, salary group 17, of the position
classification salary schedule].
(d)iiIt is a ground for removal from the commission that [if] a member:
(1)iidoes not have at the time of taking office the qualifications required
by Section 444.003(a) [violates a prohibition established by this section];
(2)iidoes not maintain during service on the commission the qualifications required by Section 444.003(a);
(3)iiis ineligible for membership under Subsection (a) or (b);
(4)iicannot because of illness or disability discharge the member's
duties for a substantial part of the member's term [for which the member is
appointed]; or
(5)i[(3)]iiis absent from more than half of the regularly scheduled
commission meetings that the member is eligible to attend during a calendar year
without an excuse approved [unless the absence is excused] by majority vote of
the commission.
(f)iiIf the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the commission of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the commission, who shall then notify the governor and the attorney general that a potential ground for removal exists.
(g)iiIn [For the purposes of] this section, [a] "Texas trade association" means
[is] a [nonprofit,] cooperative[,] and voluntarily joined statewide association of
business or professional competitors in this state designed to assist its members
and its industry or profession in dealing with mutual business or professional
problems and in promoting their common interest [obtaining public money or
influencing governmental policy].
SECTIONi4.iiSection 444.012, Government Code, is amended to read as follows:
Sec.i444.012.ii[INFORMATION OF INTEREST;] COMPLAINTS. (a) The
commission shall maintain a system to promptly and efficiently act on complaints
filed with the commission. The commission shall maintain information about
parties to the complaint, the subject matter of the complaint, a summary of the
results of the review or investigation of the complaint, and its disposition.
(b)iiThe commission shall make information available describing its procedures for complaint investigation and resolution.
6180 80th LEGISLATURE — REGULAR SESSION
(c)iiThe commission shall periodically notify the complaint parties of the
status of the complaint until final disposition [prepare information of public
interest describing the functions of the commission and the procedures by which
complaints are filed with and resolved by the commission. The commission shall
make the information available to the public and appropriate state agencies].
[(b)iiThe commission by rule shall establish methods by which consumers
and grant recipients are notified of the name, mailing address, and telephone
number of the commission for the purpose of directing complaints to the
commission.
[(c)iiThe commission shall keep information about each complaint filed with
the commission. The information must include:
[(1)iithe date the complaint is received;
[(2)iithe name of the complainant;
[(3)iithe subject matter of the complaint;
[(4)iia record of all persons contacted in relation to the complaint;
[(5)iia summary of the results of the review or investigation of the
complaint; and
[(6)iifor complaints for which the commission took no action, an
explanation of the reason the complaint was closed without action.
[(d)iiThe commission shall keep a file about each written complaint filed
with the commission that the commission has authority to resolve. The
commission shall provide to the person filing the complaint, and the persons or
entities complained about, the commission's policies and procedures pertaining to
complaint investigation and resolution. The commission, at least quarterly and
until final disposition of the complaint, shall notify the person filing the
complaint, and the persons or entities complained about, of the status of the
complaint unless the notice would jeopardize an undercover investigation.]
SECTIONi5.iiSection 444.014, Government Code, is amended by amending Subsections (b) and (c) and by adding Subsection (d) to read as follows:
(b)iiA person who is appointed to and qualifies for office as a member of the
commission may not vote, deliberate, or be counted as a member in attendance at
a meeting of the commission until the person completes a training program that
complies with [Before a member of the commission may assume the member's
duties and before the member may be confirmed by the senate, the member must
complete at least one course of the training program established under] this
section.
(c)iiThe training program must provide the person with information [to the
member] regarding:
(1)iithe [enabling] legislation that created the commission; its programs,
functions, rules, and budget [and its policy-making body to which the member is
appointed to serve];
(2)iithe results of the most recent formal audit of [the programs operated
by] the commission;
(3)iithe requirements of laws relating to open meetings, public
information, administrative procedure, and conflict of interest [role and functions
of the commission]; and
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6181
(4)ii[the rules of the commission, with an emphasis on the rules that
relate to disciplinary and investigatory authority;
[(5)iithe current budget for the commission;
[(6)iithe results of the most recent formal audit of the commission;
[(7)iithe requirements of the:
[(A)iiopen meetings law, Chapter 551;
[(B)iiopen records law, Chapter 552; and
[(C)iiadministrative procedure law, Chapter 2001;
[(8)iithe requirements of the conflict of interest laws and other laws
relating to public officials; and
[(9)]iiany applicable ethics policies adopted by the commission or the
Texas Ethics Commission.
(d)iiA person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
SECTIONi6.iiSubchapter A, Chapter 444, Government Code, is amended by adding Sections 444.015, 444.016, and 444.017 to read as follows:
Sec.i444.015.iiUSE OF TECHNOLOGY. The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions. The policy must ensure that the public is able to interact with the commission on the Internet.
Sec.i444.016.iiNEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY. (a) The commission shall develop and implement a policy to encourage the use of:
(1)iinegotiated rulemaking procedures under Chapter 2008 for the adoption of commission rules; and
(2)iiappropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the commission's jurisdiction.
(b)iiThe commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)iiThe commission shall designate a trained person to:
(1)iicoordinate the implementation of the policy adopted under Subsection (a);
(2)iiserve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)iicollect data concerning the effectiveness of those procedures, as implemented by the commission.
Sec.i444.017.iiCOMPLIANCE WITH SUNSET RECOMMENDATIONS. (a) The commission shall:
(1)iicomply with and implement the management action recommendations regarding the commission adopted by the Sunset Advisory Commission on January 10, 2007, as a result of its review of the commission; and
6182 80th LEGISLATURE — REGULAR SESSION
(2)iireport to the Sunset Advisory Commission not later than November 1, 2008, the information the Sunset Advisory Commission requires regarding the commission's implementation of the recommendations under Subdivision (1).
(b)iiThis section expires June 1, 2009.
SECTIONi7.iiSection 444.024, Government Code, is amended by adding Subsection (d) to read as follows:
(d)iiThe commission shall adopt rules to govern the review, approval, and oversight of special initiative grants. The rules must provide for:
(1)iicommission approval of special initiative grants, including expedited approval of the grants in limited circumstances for cases requiring immediate action;
(2)iicriteria to be used in reviewing and evaluating special initiative grant applications; and
(3)iiprocedures to be used in determining the amounts of the special initiative grants.
SECTIONi8.iiSection 444.025, Government Code, is amended by adding Subsection (j) to read as follows:
(j)iiThe commission shall adopt rules to govern its acceptance of private gifts, grants, and donations to ensure that the use of the money or property supports the commission's primary functions. At a minimum, the rules must:
(1)iirequire the commission to evaluate a gift, grant, or donation before acceptance to ensure that the purpose of the gift, grant, or donation supports the commission's priorities as established by statute and the commission's appropriations pattern;
(2)iiprohibit the commission from creating and directly administering programs for the purpose of qualifying for or complying with a condition for the acceptance of private funding; and
(3)iirequire the commission, before acceptance of a gift, grant, or donation, to evaluate any obligations the commission would have to meet in order to accept the gift, grant, or donation, including required matching funds, the amount of staff time and effort, and any other additional costs.
SECTIONi9.iiSection 444.006(c), Government Code, is repealed.
SECTIONi10.ii(a) In this section:
(1)ii"Sunset commission" means the Sunset Advisory Commission.
(2)ii"Commission" means the Texas Commission on the Arts.
(b)iiIn performing its duties under Chapter 325, Government Code (Texas Sunset Act), during the period before the commission is scheduled to be abolished, the sunset commission shall focus on the commission's expenditures, including determining the percentage of available funding spent by the commission on overhead and administrative costs. The sunset commission may include any recommendations it considers appropriate in its report to the 81st Legislature.
(c)iiThis section expires September 1, 2009.
SECTIONi11.iiNot later than March 1, 2008, the Texas Commission on the Arts shall:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6183
(1)iiadopt the rules required by Sections 444.024(d) and 444.025(j), Government Code, as added by this Act; and
(2)iiadopt the policies required by Sections 444.015 and 444.016, Government Code, as added by this Act.
SECTIONi12.ii(a) The changes in law made by this Act in the prohibitions or qualifications applying to a member of the Texas Commission on the Arts do not affect the entitlement of a member serving on the Texas Commission on the Arts immediately before September 1, 2007, to continue to serve and function as a member of the Texas Commission on the Arts for the remainder of the member's term. Those changes in law apply only to a member appointed on or after September 1, 2007.
(b)iiThe changes in law made by this Act to Section 444.012, Government Code, relating to the investigation of a complaint filed with the Texas Commission on the Arts apply only to a complaint filed on or after September 1, 2007. A complaint filed with the commission before September 1, 2007, is governed by the law as it existed immediately before that date, and the former law is continued in effect for that purpose.
SECTIONi13.iiThis Act takes effect September 1, 2007.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 2460 (senate committee printing) as follows:
(1) In SECTION 1 of the bill, in amended Section 444.002(a), Government Code (page 1, line 18), strike "2009" and substitute "2013".
(2) In subsection (b), SECTION 10 of the bill (page 4, line 59), strike "81st" and substitute "83rd".
(3) In subsection (c), SECTION 10 of the bill (page 4, line 61), strike "2009" and substitute "2013".
HB 2541 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Herrero called up with senate amendments for consideration at this time,
HB 2541, A bill to be entitled An Act relating to emergency response costs and certain other requirements concerning solid waste facilities, including recycling facilities.
Representative Herrero moved to concur in the senate amendments to HBi2541.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1823): 141 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias;
6184 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Anchia; Moreno; Oliveira.
Senate Committee Substitute
CSHB 2541, A bill to be entitled An Act relating to emergency response costs and certain other requirements concerning solid waste facilities, including recycling facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter B, Chapter 361, Health and Safety Code, is amended by adding Section 361.0145 to read as follows:
Sec.i361.0145.iiRESPONSE TO OR REMEDIATION OF FIRE OR EMERGENCY. (a)iiThe commission may make an immediate response to or remediation of a fire or other emergency that involves solid waste, including processed or unprocessed material suitable for recycling or composting, as the commission determines necessary to protect the public health or safety.
(b)iiNotwithstanding Section 361.014(b), revenue otherwise dedicated under that section may be used for an action authorized by Subsection (a).
(c)iiThe commission may recover from a person who is responsible for the solid waste as provided by Section 361.271 the reasonable expenses incurred by the commission during an immediate response and remediation action under Subsection (a). The state may bring an action to recover those reasonable expenses.
(d)iiIf the commission used for an action under Subsection (a) money otherwise dedicated under Section 361.014(b), money recovered under Subsection (c) shall be deposited in the state treasury to the credit of the commission until the amount deposited equals the amount of the dedicated money used. Money credited under this subsection may be used only as provided by Section 361.014(b).
SECTIONi2.iiSubchapter C, Chapter 361, Health and Safety Code, is amended by adding Section 361.1191 to read as follows:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6185
Sec.i361.1191.iiREGULATION OF CERTAIN RECYCLING FACILITIES IN CERTAIN COUNTIES. (a)iiThis section applies only to a municipal solid waste recycling facility that does not hold a permit or registration issued by the commission that stores combustible materials to produce mulch or compost and is located in a county that:
(1)iihas a population of more than 1.3 million; and
(2)iiincludes areas designated as a recharge or transition zone of an aquifer as defined under the commission's Edwards Aquifer Protection Program that is the sole or principal source of drinking water for an area designated under Section 1424(e), Safe Drinking Water Act of 1974 (42 U.S.C. Section 300h-3(e)) and by the Environmental Protection Agency as the Edwards Underground Reservoir under 40 Federal Register 58344.
(b)iiThe commission by rule shall:
(1)iiprescribe time limits for processing and removing materials from a facility;
(2)iilimit the amount of combustible material that may be stored at a recycling facility;
(3)iilimit the size of a pile of combustible recyclable or recycled materials, including composting materials or mulch, at a recycling facility;
(4)iiimpose different standards for a recycling facility appropriate to the size and number of piles of combustible materials to be stored or processed at the facility;
(5)iirequire a recycling facility to establish fire lanes between piles of combustible materials;
(6)iirequire buffer zones between a recycling facility and a residence, school, or church; and
(7)iifor a recycling facility that is located on a recharge or transition zone referenced in Subsection 361.1191(a)(2):
(A)iiimposing more stringent standards; and
(B)iirequiring groundwater protection features, such as liners and monitor wells.
(c)iiA rule adopted by the commission under this section does not become effective until the first anniversary of the date on which the rule was adopted.
SECTIONi3.iiThis Act takes effect September 1, 2007.
HB 2701 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Flores called up with senate amendments for consideration at this time,
HB 2701, A bill to be entitled An Act relating to the regulation of horse and dog racing.
Representative Flores moved to concur in the senate amendments to HBi2701.
A record vote was requested.
6186 80th LEGISLATURE — REGULAR SESSION
The motion to concur in senate amendments prevailed by (Record 1824): 111 Yeas, 25 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Bailey; Bohac; Bolton; Bonnen; Burnam; Callegari; Castro; Chavez; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Escobar; Farabee; Farias; Farrar; Flores; Frost; Gallego; Garcia; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hardcastle; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; Menendez; Merritt; Miles; Miller; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Paxton; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Taylor; Thompson; Turner; Vaught; Veasey; Vo; West; Zedler; Zerwas.
Nays — Anderson; Aycock; Berman; Brown, B.; Brown, F.; Chisum; Christian; Darby; Delisi; Eissler; Elkins; Flynn; Geren; Hancock; Harless; Harper-Brown; Jackson; Macias; McReynolds; Patrick; Phillips; Talton; Truitt; Van Arsdale; Woolley.
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — England; Hochberg; Lucio; Moreno; Morrison; Oliveira; Peña; Villarreal.
STATEMENT OF VOTE
I was shown voting no on Record No. 1824. I intended to vote yes.
Woolley
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 2701 (senate committee printing) as follows:
(1)iiStrike Section 3 of the bill (page 1, lines 28-37).
(2)iiInsert the following appropriately numbered SECTION to the bill and renumber existing SECTIONS accordingly:
SECTION ____. Section 6.06, Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes), is amended by amending Subsection (h) and adding Subsections (j) and (k) to read as follows:
(h)iiA person may not own more than a five percent interest in more than
three [two] racetracks licensed under this Act.
(j)iiNotwithstanding any other law, a person who owns an interest in two or more racetracks licensed under this Act and who also owns an interest in a license issued under Subtitle B, Title 3, Alcoholic Beverage Code, may own an interest
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6187
(k)iiThe commission shall review the ownership and management of a license issued under this article every five years beginning on the fifth anniversary of the issuance of the license. In performing the review, the commission may require the license holder to provide any information that would be required to be provided in connection with an original license application under Article 5 of this Act or this article. The commission shall charge fees for the review in amounts sufficient to implement this subsection.
HB 2982 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Hardcastle called up with senate amendments for consideration at this time,
HB 2982, A bill to be entitled An Act relating to the ad valorem tax appraisal of oil or gas interests.
Representative Hardcastle moved to concur in the senate amendments to HBi2982.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1825): 141 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons(C); Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Van Arsdale; Vaught; Veasey; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker.
Absent, Excused — Branch; Isett.
6188 80th LEGISLATURE — REGULAR SESSION
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Moreno; Oliveira; Turner; Villarreal.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 2982 (House Committee Printing) by adding the following appropriately numbered Sections and renumbering the remaining Sections of the bill:
SECTION ____. Section 162.227, Tax Code, is amended by adding Subsection (c-1) to read as follows:
(c-1) A license holder may take a credit on a return for the period in which the purchase occurred, and a person who does not hold a license may file a refund claim with the comptroller, if:
(1) the license holder or person paid tax on diesel fuel;
(2) the diesel fuel is used in this state by movable specialized equipment used in oil field well servicing; and
(3) the person who purchased the diesel fuel has received or is eligible to receive a federal diesel fuel tax refund under the Internal Revenue Code of 1986 for the diesel fuel used by movable specialized equipment used in oil field well servicing.
SECTION ____. This Act takes effect September 1, 2007.
Senate Amendment No. 2 (Senate Floor Amendment No. 2)
Amend HB 2982 by adding the following appropriately numbered SECTION to read as follows and renumbering subsequent SECTIONS accordingly:
SECTION ____. Sections 201.059(g) and 202.058(h), Tax Code, are repealed.
Senate Amendment No. 3 (Senate Floor Amendment No. 3)
Amend HB 2982 by adding the following SECTION to the bill, appropriately numbered, and renumbering subsequent SECTIONS accordingly:
SECTIONi____.ii(a) Section 21.02(e), Tax Code, is amended to read as follows:
(e)iiIn this subsection, "portable drilling rig" includes equipment associated
with the drilling rig. A portable drilling rig designed for land-based oil or gas
drilling or exploration operations is taxable by each [the] taxing unit in which the
rig is located on January 1 if the rig was located in the appraisal district that
appraises property for the unit for the preceding 365 consecutive days. If the
drilling rig was not located in the appraisal district where it is located on January
1 for the preceding 365 days, it is taxable by each [the] taxing unit in which the
owner's principal place of business in this state is located on January 1, unless the
owner renders the rig under Chapter 22 to the appraisal district in which the rig is
located on January 1, in which event the rig is taxable by each taxing unit in
which the rig is located on January 1. If an owner elects to render any portable
drilling rig to the appraisal district in which the rig is located on January 1 when
the rig otherwise would be taxable at the owner's principal place of business in
this state, all the owner's portable drilling rigs are taxable by the taxing units in
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(b)iiSubsection (a) of this section applies only to a tax year that begins on or after the effective date of this section.
HB 3271 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Eiland called up with senate amendments for consideration at this time,
HB 3271, A bill to be entitled An Act relating to the biennial hearing concerning title insurance and related information.
Representative Eiland moved to concur in the senate amendments to HBi3271.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1826): 141 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons(C); Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker.
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Moreno; Oliveira; Villarreal; Vo.
Senate Committee Substitute
CSHB 3271, A bill to be entitled An Act relating to the biennial hearing concerning title insurance and related information.
6190 80th LEGISLATURE — REGULAR SESSION
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSections 2703.153 and 2703.203, Insurance Code, are amended to read as follows:
Sec.i2703.153.iiCOLLECTION OF DATA FOR FIXING PREMIUM
RATES; ANNUAL STATISTICAL REPORT.ii(a) Each title insurance company
and title insurance agent engaged in the business of title insurance in this state
shall annually submit to the department, as required by the department to collect
data to use to fix premium rates, a statistical report containing [all] information
relating to:
(1)iiloss experience;
(2)iiexpense of operation; and
(3)iiother material matters.
(b)iiThe information must be submitted in the form prescribed by the department.
(c)iiIf the form adopted under Subsection (b) is amended to require a title insurance company or title insurance agent to include new or different information in the statistical report, that information may not be considered by the commissioner in fixing premium rates until the expiration of a period stated in the commissioner's rules. The period must be sufficiently long to ensure that the information collected is statistically meaningful.
(d)iiA title insurance company or a title insurance agent aggrieved by a requirement concerning the submission of information imposed under this section or otherwise imposed in connection with a biennial hearing under Subchapter E may bring a suit in a district court in Travis County alleging that the request for information:
(1)iiis abusive;
(2)iiis unduly burdensome;
(3)iiis made for the purposes of harassment;
(4)iiis otherwise improper or improperly requests privileged information; or
(5)iiis not a request for information material to fixing and promulgating premium rates or another matter that may be the subject of the biennial hearing and is not a request reasonably designed to lead to the discovery of that information.
(e)iiOn filing of a suit under Subsection (d), the requirement that the title insurance company or title insurance agent bringing the suit comply with the request for the information is abated as to that title insurance company or title insurance agent. The district court may enter an order requiring the title insurance company or title insurance agent to comply with the request for information subject to the limitations, if any, imposed by the court.
(f)iiAnother title insurance company or title insurance agent subject to the requirements described by Subsection (d) may intervene, as permitted by the court, in a suit brought under that subsection.
(g)iiA district court shall act on a suit brought under Subsection (d) not later than the 60th day after the date the suit is filed.
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Sec.i2703.203.iiBIENNIAL HEARING.iiThe commissioner shall hold a biennial public hearing not earlier than July 1 of each even-numbered year to consider adoption of premium rates and other matters relating to regulating the business of title insurance that an association, title insurance company, title insurance agent, or member of the public admitted as a party under Section 2703.204 requests to be considered or that the commissioner determines necessary to consider.
SECTIONi2.iiSection 2703.204, Insurance Code, is amended to read as follows:
Sec.i2703.204.iiADMISSION AS PARTY TO BIENNIAL HEARING. (a)
Subject to this section, anii[An] individual or association or other entity
recommending adoption of a premium rate or another matter relating to
regulating the business of title insurance shall be admitted as a party to the
biennial hearing.
(b)iiAn individual or association seeking to be made a party with respect to a portion of the biennial hearing that relates to adoption of a premium rate or a rule must provide to the commissioner a detailed summary of the individual's or association's interest in the business of title insurance.
(c)iiFor an individual, the summary required by Subsection (b) must include a statement of the number of real estate transactions in which the individual has been involved and with respect to which the individual has requested and paid for title insurance. For an association, the summary must include a statement of the number of members of the association.
(d)iiAn association is presumed to have a substantial interest in the business of title insurance if the association has at least 250 members.
(e)iiA party to the biennial hearing may file an action in a district court in Travis County to remove any other party to a portion of the biennial hearing that relates to adoption of a premium rate or a rule on the grounds that the other party does not have a substantial interest in the business of title insurance.
SECTIONi3.iiSection 2703.205(d), Insurance Code, is amended to read as follows:
(d)iiAt the direction of the commissioner or at the written request of an
association or other entity recommending adoption of a premium rate and [a
person] seeking admission as a party to the ratemaking phase of the hearing, the
State Office of Administrative Hearings shall conduct the ratemaking phase of the
hearing in accordance with Chapter 40. A request under this subsection must be
made at the time the association or entity [a person] seeks to be admitted as a
party to the hearing but may not be made later than the 10th day after the date
notice of the hearing is provided under Section 2703.207.
SECTIONi4.iiThis Act applies only to the premium rate applicable to a title insurance policy that is delivered, issued for delivery, or renewed on or after January 1, 2009. A premium rate applicable to a policy that is delivered, issued for delivery, or renewed before January 1, 2009, is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for this purpose.
SECTIONi5.iiThis Act takes effect September 1, 2007.
6192 80th LEGISLATURE — REGULAR SESSION
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 3271 (senate committee printing) as follows:
(1)iiIn SECTION 1 of the bill, in amended Section 2703.153, Insurance Code, strike added Subsections (c) and (d) of that section (page 1, lines 26-46) and substitute the following:
(c)iiIf the department requires a title insurance company or title insurance agent to include new or different information in the statistical report, that information may be considered by the commissioner in fixing premium rates if the information collected is reasonably credible for the purposes for which the information is to be used.
(d)iiA title insurance company or a title insurance agent aggrieved by a department requirement concerning the submission of information may bring a suit in a district court in Travis County alleging that the request for information:
(1)iiis unduly burdensome; or
(2)iiis not a request for information material to fixing and promulgating premium rates or another matter that may be the subject of the biennial hearing and is not a request reasonably designed to lead to the discovery of that information.
(2)iiIn SECTION 1 of the bill, in amended Section 2703.153, Insurance Code, strike added Subsections (f) and (g) of that section (page 1, lines 55-61) and substitute the following:
(f)iiA title insurance company or title insurance agent must bring suit under Subsection (d) not later than the 30th day after the date the company or agent receives the request for information from the department.
(g)iiThis section may not be construed to limit the department's authority to request information under Section 38.001 or other applicable provisions of this code.
(3)iiIn SECTION 2 of the bill, in amended Section 2703.204, Insurance Code, strike added Subsections (b), (c), (d), and (e) of that section (page 2, lines 14-32) and substitute the following:
(b)iiA party to the ratemaking phase of the biennial hearing may request that the commissioner remove any other party to the ratemaking phase of the hearing on the grounds that the other party does not have a substantial interest in title insurance. A decision of the commission to deny or grant the request is final and subject to appeal in accordance with Section 36.202.
HB 3443 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative D. Howard called up with senate amendments for consideration at this time,
HB 3443, A bill to be entitled An Act relating to the Texas hospital-based nursing education partnership grant program.
Representative D. Howard moved to concur in the senate amendments to HBi3443.
A record vote was requested.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6193
The motion to concur in senate amendments prevailed by (Record 1827): 140 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zerwas.
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Madden; Moreno; Oliveira; Zedler.
Senate Committee Substitute
CSHB 3443, A bill to be entitled An Act relating to the Texas hospital-based nursing education partnership grant program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiChapter 61, Education Code, is amended by adding Subchapter EE to read as follows:
SUBCHAPTER EE. TEXAS HOSPITAL-BASED NURSING EDUCATION
PARTNERSHIP GRANT PROGRAM
Sec.i61.9751.iiDEFINITIONS. In this subchapter:
(1)ii"Hospital-based nursing education partnership" means a partnership that:
(A)iiconsists of one or more hospitals in this state that are not owned, maintained, or operated by the federal or state government or an agency of the federal or state government and one or more nursing education programs in this state; and
(B)iiserves to increase graduation rates for each nursing education program in the partnership.
(2)ii"Nursing education program" means an undergraduate professional nursing program or a graduate professional nursing program as those terms are defined by Section 54.221.
6194 80th LEGISLATURE — REGULAR SESSION
Sec.i61.9752.iiPROGRAM: ESTABLISHMENT; ADMINISTRATION; PURPOSE. (a) The Texas hospital-based nursing education partnership grant program is established.
(b)iiThe board shall administer the program in accordance with this subchapter and rules adopted under this subchapter.
(c)iiUnder the program, the board shall make grants to hospital-based nursing education partnerships to assist those partnerships to meet the state's needs for registered nurses by increasing the number of nursing education program graduates through innovative instruction through collaboration between hospitals and nursing education programs and the use of the existing expertise and facilities of those hospitals and programs.
Sec.i61.9753.iiGRANTS: CONDITIONS; LIMITATIONS. (a) The board may make a grant under this subchapter to a hospital-based nursing education partnership only if the board determines that:
(1)iithe partnership will meet applicable board and Board of Nurse Examiners standards for instruction and student competency for the associate, bachelor of science, or master of science nursing degree granted by each nursing education program participating in the partnership;
(2)iieach nursing education program participating in the partnership will, as a result of the partnership, enroll in the nursing education program a sufficient number of additional students as established by the board;
(3)iithe marginal cost to the state of producing a graduate of a nursing education program participating in the partnership will be comparable, as determined under criteria established by board rule, to the marginal cost to the state of producing a graduate of a nursing education program not participating in a partnership;
(4)iieach hospital participating in a partnership with a nursing education program will provide to students enrolled in the program clinical placements that:
(A)iiallow the students to take part in providing or to observe, as appropriate, medical services offered by the hospital; and
(B)iimeet the clinical education needs of the students; and
(5)iithe partnership will satisfy any other requirement established by board rule.
(b)iiIn establishing the cost-comparison criteria under Subsection (a)(3), the board shall exclude reasonable development and initial implementation costs for the infrastructure necessary to support a hospital-based nursing education partnership.
(c)iiA grant under this subchapteriimay be spent only on costs related to the development or operation of a hospital-based nursing education partnership that:
(1)iiprepares a student to earn an associate or bachelor of science degree in nursing and to achieve initial licensure as a registered nurse, including by providing an accelerated program to prepare a student to earn a bachelor of science degree in nursing;
(2)iiprepares a student to earn a master of science degree in nursing with a concentration in education; or
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6195
(3)iiprovides an articulation program providing for advancement from an associate degree to a bachelor of science degree in nursing or to a master of science degree in nursing with a concentration in education.
(d)iiA hospital-based nursing education partnership shall return to the board money granted to the partnership under this subchapter that the partnership does not spend on eligible costs under Subsection (c). As the board determines appropriate to best achieve the purposes of these programs, the board may:
(1)iiuse the money to make grants to other hospital-based nursing education partnerships;
(2)iiuse the money to make grants under the professional nursing shortage reduction program established under Subchapter Z; or
(3)iitransfer the money to the permanent fund for higher education nursing, allied health, and other health-related programs established under Subchapter C, Chapter 63, for use in making grants under that subchapter.
Sec.i61.9754.iiPRIORITY FOR FUNDING. In awarding a grant under this subchapter, the board shall give priority to a hospital-based nursing education partnership that submits a proposal that:
(1)iiprovides for collaborative educational models between one or more participating hospitals and one or more participating nursing education programs that have signed a memorandum of understanding or other written agreement under which the participants agree to comply with standards established by the board, including any standards the board may establish that:
(A)iiprovide for program management that offers a centralized decision-making process allowing for inclusion of each entity participating in the partnership;
(B)iiprovide for access to clinical training positions for students in nursing education programs that are not participating in the partnership; and
(C)iispecify the details of any requirement relating to a student in a nursing education program participating in the partnership being employed after graduation in a hospital participating in the partnership, including any details relating to the employment of students who do not complete the program, are not offered a nursing position at the hospital, or choose to pursue other employment;
(2)iiincludes a demonstrable education model to:
(A)iiincrease the number of students enrolled in, the number of students graduating from, and the number of nursing faculty employed by each nursing education program participating in the partnership; and
(B)iiimprove student retention in each nursing education program;
(3)iiindicates the availability of money to match all or a portion of the grant money, including matching money from a hospital, private or nonprofit entity, or institution of higher education;
(4)iican be replicated by other hospital-based nursing education partnerships or nursing education programs; and
(5)iiincludes plans for sustainability of the partnership beyond the end of the grant period.
6196 80th LEGISLATURE — REGULAR SESSION
Sec.i61.9755.iiGRANTS, GIFTS, AND DONATIONS. In addition to money appropriated by the legislature, the board may solicit, receive, and spend grants, gifts, and donations from any public or private source for the purposes of this subchapter.
Sec.i61.9756.iiRULES. The board shall adopt rules for the administration of the Texas hospital-based nursing education partnership grant program. The rules must include:
(1)iiprovisions relating to applying for a grant under this subchapter; and
(2)iistandards of accountability to be met by any hospital-based nursing education partnership awarded a grant under this subchapter.
Sec.i61.9757.iiAPPROVAL AS NURSING EDUCATION PILOT PROGRAM. The board and the Board of Nurse Examiners shall establish a single application process under which a hospital-based nursing education partnership may apply both for approval as a pilot program under Section 301.1605, Occupations Code, and for a grant under this subchapter.
Sec.i61.9758.iiANNUAL REPORT. Each hospital-based nursing education partnership that receives a grant under this subchapter shall submit to the board an annual report that includes information required by board rule, including information concerning the extent to which during the reporting period the partnership has complied with accountability standards established by the board.
SECTIONi2.iiAs soon as practicable after the effective date of this Act, the Texas Higher Education Coordinating Board shall adopt rules for the implementation and administration of the Texas hospital-based nursing education partnership grant program established under Subchapter EE, Chapter 61, Education Code, as added by this Act.
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, 2007.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 3443 (senate committee printing) as follows:
(1) In SECTION 1 of the bill, between "increase" and "graduation," (page 1, line 24) insert "the number of students enrolled in and".
(2) In SECTION 1 of the bill between "program," (page 1, line 35) and "the," insert "to the extent funds are available under Section 61.9755,".
(3) In SECTION 1 of the bill by adding the following new subsection (4) to Section 61.9754, and renumbering subsequent subsections accordingly:
(4) provides for completion of a class admitted under this project to be funded by all members of the partnership if the funded project ends before the class graduation date;
(4) In SECTION 1 of the bill, strike "end of the" (page 3, line 7).
(5) In SECTION 1 of the bill, substitute Sec. 61.9758 (page 3, lines 26-32) with a new Sec. 61.9758 to read as follows:
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Sec. 61.9758. REPORTING REQUIREMENTS. (a) Each hospital-based nursing education partnership that receives a grant under this subchapter shall submit to the board narrative and financial reports that include information concerning the extent to which during the reporting period the partnership has complied with accountability standards established by the board.
(b) Not later than December 31 of each even-numbered year, the board shall submit a report to the governor, lieutenant governor, and speaker of the house of representatives. The report shall include a list and description of partnerships created under this subchapter, and the number of new nursing student enrollees.
(6) In SECTION 1 of the bill, following Sec. 61.9758, add the following:
Sec. 61.9759. ADMINISTRATIVE COSTS. A reasonable amount, not to exceed three percent, of any money appropriated for purposes of this subchapter may be used to pay the costs of administering this subchapter.
(7) In SECTION 2 of the bill, insert "The board may adopt the initial rules in the manner provided by law for emergency rules." after "Act." (page 3, line 38).
HB 160 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Straus called up with senate amendments for consideration at this time,
HB 160, A bill to be entitled An Act relating to a study on the relocation of freight trains away from certain residential areas of the state.
Representative Straus moved to concur in the senate amendments to HBi160.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1828): 140 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
6198 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Allen; Moreno; Oliveira; Puente.
Senate Committee Substitute
CSHB 160, A bill to be entitled An Act relating to rail relocation and improvement in the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.ii(a) The Texas Department of Transportation shall conduct a study to determine the economic feasibility of relocating freight trains that carry hazardous materials away from residential areas of the state in municipalities with a population of more than 1.2 million. The study must include an evaluation of cost options for the relocation of freight trains from residential areas.
(b)iiNot later than March 1, 2008, the Texas Department of Transportation shall report the results of the study conducted under Subsection (a) of this section to the governor and the legislature.
SECTIONi2.iiSection 386.109, Health and Safety Code, is amended to read as follows:
Sec.i386.109.iiELIGIBLE INFRASTRUCTURE PROJECTS. The commission may consider for funding under Section 386.108:
(1)iithe purchase and installation at a site of equipment that is designed primarily to dispense qualifying fuel, other than standard gasoline or diesel, or the purchase of on-site mobile fueling equipment;
(2)iiinfrastructure projects, including auxiliary power units, designed to
dispense electricity to motor vehicles and on-road and non-road diesels; [and]
(3)iia project that involves a technology that allows a vehicle to replace with electric power, while the vehicle is parked, the power normally supplied by the vehicle's internal combustion engine; and
(4)iia project to reduce air pollution and engine idling by relieving congestion through rail relocation or improvement at a rail intersection that:
(A)iiis located in a nonattainment area at an intersection of two interstate highways;
(B)iiis an intersection of two mainline tracks; and
(C)iihandles more than 100 daily train movements, including passenger, freight, and military cars and hazardous waste shipments.
SECTIONi3.iiSection 386.252(a), Health and Safety Code, as amended by Section 3, Chapter 766, Section 3, Chapter 1095, and Section 11, Chapter 1125, Acts of the 79th Legislature, Regular Session, 2005, is reenacted and amended to read as follows:
(a)iiThe first $25 million in the fund on September 1 of each year shall be transferred to the Texas rail relocation and improvement fund. Money remaining in the fund may be used only to implement and administer programs established under the plan and shall be allocated as follows:
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(1)iifor the diesel emissions reduction incentive program, 87.5 percent of the money in the fund, of which not more than four percent may be used for the clean school bus program and not more than 10 percent may be used for on-road diesel purchase or lease incentives;
(2)iifor the new technology research and development program, 9.5 percent of the money in the fund, of which up to $250,000 is allocated for administration, up to $200,000 is allocated for a health effects study, $500,000 is to be deposited in the state treasury to the credit of the clean air account created under Section 382.0622 to supplement funding for air quality planning activities in affected counties, not less than 20 percent is to be allocated each year to support research related to air quality for the Houston-Galveston-Brazoria and Dallas-Fort Worth nonattainment areas by a nonprofit organization based in Houston of which $216,000 each year shall be contracted to the Energy Systems Laboratory at the Texas Engineering Experiment Station for the development and annual calculation of creditable statewide emissions reductions obtained through wind and other renewable energy resources for the State Implementation Plan, and the balance is to be allocated each year to that nonprofit organization based in Houston to be used to implement and administer the new technology research and development program under a contract with the commission for the purpose of identifying, testing, and evaluating new emissions-reducing technologies with potential for commercialization in this state and to facilitate their certification or verification; and
(3)iifor administrative costs incurred by the commission and the laboratory, three percent of the money in the fund.
SECTIONi4.iiEffective September 1, 2008, Section 386.252(a), Health and Safety Code, as amended by Section 3, Chapter 766, Section 3, Chapter 1095, and Section 12, Chapter 1125, Acts of the 79th Legislature, Regular Session, 2005, is reenacted and amended to read as follows:
(a)iiThe first $25 million in the fund on September 1 of each year shall be transferred to the Texas rail relocation and improvement fund. Money remaining in the fund may be used only to implement and administer programs established under the plan and shall be allocated as follows:
(1)iifor the diesel emissions reduction incentive program, 64 percent of the money in the fund, of which not more than four percent may be used for the clean school bus program and not more than 10 percent may be used for on-road diesel purchase or lease incentives;
(2)iifor the new technology research and development program, 33 percent of the money in the fund, of which up to $250,000 is allocated for administration, up to $200,000 is allocated for a health effects study, $500,000 is to be deposited in the state treasury to the credit of the clean air account created under Section 382.0622 to supplement funding for air quality planning activities in affected counties, not less than 10 percent is to be allocated each year to support research related to air quality for the Houston-Galveston-Brazoria and Dallas-Fort Worth nonattainment areas by a nonprofit organization based in Houston of which $216,000 each year shall be contracted to the Energy Systems Laboratory at the Texas Engineering Experiment Station for the development and
6200 80th LEGISLATURE — REGULAR SESSION
(3)iifor administrative costs incurred by the commission and the laboratory, three percent of the money in the fund.
SECTIONi5.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, 2007.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 160 as follows:
(1)iiIn SECTION 2 of the bill, added Subdivision (4), Section 386.109, Health and Safety Code (on page 1), strike lines 40 through 47 and substitute "improvement at a rail intersection that is located in a nonattainment or near nonattainment area".
(2)iiStrike SECTIONS 3 and 4 of the bill (page 1, line 48 through page 3, line 5) and renumber subsequent SECTIONS accordingly.
HB 3430 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Strama called up with senate amendments for consideration at this time,
HB 3430, A bill to be entitled An Act relating to the online availability of information about state expenditures, including the creation of a state database containing information on state expenditures and to certain comptroller reports.
Representative Strama moved to concur in the senate amendments to HBi3430.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1829): 142 Yeas, 0 Nays, 2 Present, not voting.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6201
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Moreno; Oliveira.
Senate Committee Substitute
CSHB 3430, A bill to be entitled An Act relating to the online availability of information about state expenditures, including the creation of a state database containing information on state expenditures, and to certain comptroller reports.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter B, Chapter 403, Government Code, is amended by adding Section 403.024 to read as follows:
Sec.i403.024.iiSEARCHABLE STATE EXPENDITURE DATABASE. (a) In this section, "state agency" has the meaning assigned by Section 403.013.
(b)iiThe comptroller shall establish and post on the Internet a database of state expenditures, including contracts and grants, that is electronically searchable by the public except as provided by Subsection (d). The database must include:
(1)iithe amount, date, payor, and payee of expenditures; and
(2)iia listing of state expenditures by:
(A)iiobject of expense with links to the warrant or check register level; and
(B)iito the extent maintained by state agency accounting systems in a reportable format, class and item levels.
(c)iiTo the extent possible, the comptroller shall present information in the database established under this section in a manner that is searchable and intuitive to users. The comptroller shall enhance and organize the presentation of the
6202 80th LEGISLATURE — REGULAR SESSION
(1)iisearch and aggregate state funding by any element of the information;
(2)iiascertain through a single search the total amount of state funding awarded to a person by a state agency; and
(3)iidownload information yielded by a search of the database.
(d)iiThe comptroller may not allow public access under this section to a payee's address, except that the comptroller may allow public access under this section to information identifying the county in which the payee is located. The comptroller may not allow public access under this section to information that is identified by a state agency as excepted from required disclosure under Chapter 552 or as confidential. It is an exception to the application of Section 552.352(a) that the comptroller or an officer or employee of the comptroller's office posted information under this section in reliance on a determination made by a state agency about the confidentiality of information relating to the agency's expenditures. The comptroller or an officer or employee of the comptroller's office is immune from any civil liability for posting confidential information under this section if the comptroller, officer, or employee posted the information in reliance on a determination made by a state agency about the confidentiality of information relating to the agency's expenditures.
(e)iiTo the extent any information required to be in the database is already being collected or maintained by a state agency, the state agency shall provide that information to the comptroller for inclusion in the database.
(f)iiThe comptroller may not charge a fee to the public to access the database.
(g)iiExcept as provided by Subsection (h), a state agency is required to cooperate with and provide information to the comptroller as necessary to implement and administer this section.
(h)iiThis section does not require a state agency to record information or expend resources for the purpose of computer programming or other additional actions necessary to make information reportable under this section.
(i)iiThe Department of Information Resources, after consultation with the comptroller, shall prominently include a link to the database established under this section on the public home page of the TexasOnline Project described by Section 2054.252.
(j)iiThe comptroller may establish procedures and adopt rules to implement this section.
SECTIONi2.iiSection 2054.126, Government Code, is amended by adding Subsection (f) to read as follows:
(f)iiEach state agency that maintains a generally accessible Internet site or for which a generally accessible Internet site is maintained shall include a link on the agency's Internet site to the state expenditure database established under Section 403.024. In this subsection, "state agency" has the meaning assigned by Section 403.013.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6203
SECTIONi3.iiSubchapter A, Chapter 313, Tax Code, is amended by adding Section 313.008 to read as follows:
Sec.i313.008.iiREPORT ON COMPLIANCE WITH AGREEMENTS. (a) Before the beginning of each regular session of the legislature, the comptroller shall submit to the lieutenant governor, the speaker of the house of representatives, and each member of the legislature a report assessing the progress of each agreement entered into under this chapter. The report must be based on data certified to the comptroller by each recipient of a limitation on appraised value under this chapter and state for each agreement:
(1)iithe number of qualifying jobs each recipient of a limitation on appraised value committed to create;
(2)iithe number of qualifying jobs each recipient created;
(3)iithe median wage of the new jobs each recipient created;
(4)iithe amount of the qualified investment each recipient committed to expend or allocate per project;
(5)iithe amount of the qualified investment each recipient expended or allocated per project;
(6)iithe market value of the qualified property of each recipient as determined by the applicable chief appraiser;
(7)iithe limitation on appraised value for the qualified property of each recipient;
(8)iithe dollar amount of the taxes that would have been imposed on the market value of the qualified property if the property had not received a limitation on appraised value;
(9)iithe dollar amount of the taxes imposed on the qualified property;
(10)iithe number of new jobs created by each recipient in each sector of the North American Industry Classification System; and
(11)iiof the number of new jobs each recipient created, the number of jobs created that provide health benefits for employees.
(b)iiThe report may not include information that is made confidential by law.
(c)iiThe comptroller may require a recipient to submit, on a form the comptroller provides, information required to complete the report.
SECTIONi4.iiSections 403.024 and 2054.126(f), Government Code, as added by this Act, apply only to expenditures made on or after the effective date of this Act.
SECTIONi5.iiNot later than October 1, 2007, the comptroller shall establish the database as required by Section 403.024, Government Code, as added by this Act.
SECTIONi6.iiThis Act takes effect October 1, 2007.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 3430 (senate committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 2177.052, Government Code, is transferred to Chapter 322, Government Code, redesignated as Section 322.020, and amended to read as follows:
6204 80th LEGISLATURE — REGULAR SESSION
Sec. 322.020 [2177.052]. MAJOR CONTRACTS DATABASE. (a) In this
section, "major contract" means:
(1) a contract for which notice is required under one of the following
sections [that has a value that is expected to be at least $5 million computed as
the]:
(A) Section 2054.008 [(1) initial value of the contract];
(B) Section 2166.2551;
(C) Section 2254.006; or
(D) Section 2254.0301; or
(2) a contract, including an amendment, modification, renewal, or extension:
(A) for which notice is not required under a section listed in Subdivision (1);
(B) that is not a purchase order, an interagency contract, or a contract paid only with funds not appropriated by the General Appropriations Act; and
(C) with a value that exceeds $50,000 [total value of the contract
after all potential term extensions].
(b) Each state agency shall provide the Legislative Budget Board
[commission] copies of the following documents:
(1) each major contract entered into by the agency; and
(2) each request for proposal, invitation to bid, or comparable solicitation related to the major contract.
(c) The Legislative Budget Board [commission] shall post on the Internet
[include in the information posted on the electronic procurement marketplace]:
(1) each major contract of a state agency [, including the commission];
and
(2) each request for proposal, invitation to bid, or comparable solicitation related to the major contract.
(d) [The commission shall allow Texas governmental entities, including
legislative entities, access to the information posted under this section.
[(e)] The Legislative Budget Board [commission] shall allow public access
to the information posted under this section, except for information that is not
subject to disclosure under Chapter 552. Information that is not subject to
disclosure under Chapter 552 must be referenced in an appendix that generally
describes the information without disclosing the specific content of the
information.
(e) [(f)] The Legislative Budget Board [commission] shall make the
information searchable by contract value, state agency, and vendor. The
Legislative Budget Board [commission] may make the information searchable by
other subjects as appropriate.
(f) In this section, "state agency" has the meaning assigned by Section 2054.003, except that the term does not include a university system or institution of higher education, the Health and Human Services Commission, an agency identified in Section 531.001(4), or the Texas Department of Transportation.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6205
SECTION ____. With respect to Section 322.020(c), Government Code, as amended by this Act, the change in law made by this Act applies only in relation to a major contract:
(1) entered into on or after the effective date of this Act, for purposes of complying with Section 322.020(c)(1), Government Code; and
(2) for which a request for proposal, invitation to bid, or comparable solicitation is made on or after the effective date of this Act, for purposes of complying with Section 322.020(c)(2), Government Code.
Senate Amendment No. 2 (Senate Floor Amendment No. 2)
Amend CSHB 3430 (senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering the remaining SECTIONS of the bill accordingly:
SECTIONi____.iiSubchapter Z, Chapter 51, Education Code, is amended by adding Section 51.953 to read as follows:
Sec.i51.953.iiCERTAIN REVENUE RECEIVED FROM STUDENT HEALTH CENTER SERVICES. (a)iiIn this section:
(1)ii"Health benefit plan" means any health benefit plan regulated under the Insurance Code, including:
(A)iian individual or group health insurance policy; or
(B)iian evidence of coverage issued by a health maintenance organization.
(2)ii"Institution of higher education" has the meaning assigned by Section 61.003.
(b)iiAmounts received by an institution of higher education from a health benefit plan issuer as a result of a claim filed with the issuer by or on behalf of the institution's student health center are institutional funds under Section 51.009 and may be used only for the construction, improvement, operation, or maintenance of the student health center or to increase or enhance the services offered by the student health center. It is the intent of the legislature that those amounts be in addition to other amounts of money allocated to the student health center and those other amounts not be reduced.
Senate Amendment No. 3 (Senate Floor Amendment No. 3)
Amend HB 3430 (Committee Printing) by adding the following appropriately numbered SECTIONS to read as follows and renumbering subsequent SECTIONS appropriately:
SECTION ____. Subdivisions (2) and (3), Section 2006.001, Government Code, are amended to read as follows:
(2) "Small business" means a legal entity, including a corporation, partnership, or sole proprietorship, that:
(A) is formed for the purpose of making a profit;
(B) is independently owned and operated; and
(C) has fewer than 100 employees or less than $6 [$1] million in
annual gross receipts.
6206 80th LEGISLATURE — REGULAR SESSION
(3) "State agency" means a department, board, bureau, commission, division, office, council, or other agency of the state and includes an officer who is authorized by law to determine contested cases.
SECTION ____. Section 2006.002, Government Code, is amended by amending Subsections (c) and (d) and adding Subsections (c-1) and (g) to read as follows:
(c) Before adopting a rule that may [would] have an adverse economic effect
on small businesses, a state agency shall prepare:
(1) an economic impact statement that estimates the number of small businesses subject to the prosed rule, projects the economic impact of the rule on small businesses, and describes alternative methods of achieving the purpose of the proposed rule; and
(2) a regulatory flexibility analysis that includes the agency's consideration of alternative methods of achieving the purpose of the proposed rule.
(c-1) The analysis under Subsection (c) shall consider, if consistent with the
health, safety, and environmental and economic welfare of the state, using
regulatory methods that will accomplish the objectives of applicable rules while
minimizing adverse impacts on small businesses. The state agency must include
in the analysis several proposed methods of reducing the adverse impact of a
proposed rule on a small business [a statement of the effect of the rule on small
businesses. The statement must include:
[(1) an analysis of the cost of compliance with the rule for small
businesses; and
[(2) a comparison of the cost of compliance for small businesses with
the cost of compliance for the largest businesses affected by the rule, using at
least one of the following standards:
[(A) cost for each employee;
[(B) cost for each hour of labor; or
[(C) cost for each $100 of sales].
(d) The agency shall include the economic impact statement and regulatory
flexibility analysis [statement of effect] as part of the notice of the proposed rule
that the agency files with the secretary of state for publication in the Texas
Register and shall provide copies to the standing committee of each house of the
legislature that is charged with reviewing the proposed rule.
(g) The attorney general, in consultation with the comptroller, shall prepare guidelines to assist a state agency:
(1) in determining a proposed rule's potential adverse economic effects on small businesses; and
(2) in identifying and evaluating alternative methods of achieving the purpose of a proposed rule.
SECTION ____. Section 2006.002, Government Code, as amended by this Act, applies only to a rule that is adopted on or after January 1, 2008. A rule adopted before that date is governed by the law in effect when the rule was adopted, and the former law is continued in effect for that purpose.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6207
HB 426 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Madden called up with senate amendments for consideration at this time,
HB 426, A bill to be entitled An Act relating to applicability of provisions of the Education Code to and standards for the operation of school district disciplinary alternative education programs.
Representative Madden moved to concur in the senate amendments to HBi426.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1830): 140 Yeas, 1 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Nays — Harper-Brown.
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Moreno; Oliveira; Patrick.
Senate Committee Substitute
CSHB 426, A bill to be entitled An Act relating to standards for the operation of school district disciplinary alternative education programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 37.008, Education Code, is amended by amending Subsection (a) and adding Subsections (a-1), (a-2), and (a-3) to read as follows:
(a)iiEach school district shall provide a disciplinary alternative education program that:
6208 80th LEGISLATURE — REGULAR SESSION
(1)iiis provided in a setting other than a student's regular classroom;
(2)iiis located on or off of a regular school campus;
(3)iiprovides for the students who are assigned to the disciplinary alternative education program to be separated from students who are not assigned to the program;
(4)iifocuses on English language arts, mathematics, science, history, and self-discipline;
(5)iiprovides for students' educational and behavioral needs;
(6)iiprovides supervision and counseling;
(7)iiemploys only teachers who [requires that to teach in an off-campus
disciplinary alternative education program, each teacher] meet all certification
requirements established under Subchapter B, Chapter 21; and
(8)iiprovides not less than the minimum amount of instructional time
per day required by Section 25.082(a) [notwithstanding Subdivision (7), requires
that to teach in a disciplinary alternative education program of any kind, each
teacher employed by a school district during the 2003-2004 school year or an
earlier school year meet, not later than the beginning of the 2005-2006 school
year, all certification requirements established under Subchapter B, Chapter 21].
(a-1)iiThe agency shall adopt minimum standards for the operation of disciplinary alternative education programs, including standards relating to:
(1)iistudent/teacher ratios;
(2)iistudent health and safety;
(3)iireporting of abuse, neglect, or exploitation of students;
(4)iitraining for teachers in behavior management and safety procedures; and
(5)iiplanning for a student's transition from a disciplinary alternative education program to a regular campus.
(a-2)iiNot later than December 15, 2008, the agency shall deliver a report to the legislature that provides the estimated costs to the agency of enforcing the standards adopted under Subsection (a-1), including the estimated cost of:
(1)iion-site monitoring to enforce the standards; and
(2)iialternative methods of monitoring compliance with the standards.
(a-3)iiSubsection (a-2) and this subsection expire January 15, 2009.
SECTIONi2.ii(a) Section 37.008(a), Education Code, as amended by this Act, applies beginning with the 2007-2008 school year.
(b)iiStandards for the operation of school district disciplinary alternative education programs adopted under Section 37.008(a-1), Education Code, as added by this Act, apply beginning with the 2007-2008 school year.
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, 2007.
HB 2402 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Truitt called up with senate amendments for consideration at this time,
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6209
HB 2402, A bill to be entitled An Act relating to the authority granted to certain property owners' associations in dedicatory instruments and restrictive covenants.
Representative Truitt moved to concur in the senate amendments to HBi2402.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1831): 134 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; England; Escobar; Farabee; Farias; Farrar; Flynn; Frost; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons(C); Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker.
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Berman; Crabb; Eissler; Elkins; Flores; Gallego; Haggerty; Hochberg; Moreno; Oliveira; Riddle.
Senate Committee Substitute
CSHB 2402, A bill to be entitled An Act relating to the authority granted to certain property owners' associations in dedicatory instruments and restrictive covenants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiChapter 209, Property Code, is amended by adding Section 209.012 to read as follows:
Sec.i209.012.iiRESTRICTIVE COVENANTS GRANTING EASEMENTS TO CERTAIN PROPERTY OWNERS' ASSOCIATIONS. (a)iiA property owners' association may not amend a dedicatory instrument to grant the property owners' association an easement through or over an owner's lot without the consent of the owner.
6210 80th LEGISLATURE — REGULAR SESSION
(b)iiThis section does not prohibit a property owners' association from adopting or enforcing a restriction in a dedicatory instrument that allows the property owners' association to access an owner's lot to remedy a violation of the dedicatory instrument.
SECTIONi2.ii(a) Chapter 209, Property Code, is amended by adding Section 209.013 to read as follows:
Sec.i209.013.iiAUTHORITY OF ASSOCIATION TO AMEND DEDICATORY INSTRUMENT. (a) A dedicatory instrument created by a developer of a residential subdivision or by a property owners' association in which the developer has a majority of the voting rights or that the developer otherwise controls under the terms of the dedicatory instrument may not prohibit the amendment of any provision of the dedicatory instrument by the property owners' association after the developer no longer controls the association or the board of directors.
(b)iiA provision in a dedicatory instrument that violates this section is void and unenforceable.
(b)iiExcept as specifically provided by a dedicatory instrument in a provision that existed before the effective date of this Act, the change in law made by this section applies to a dedicatory instrument created on or after the effective date of this Act.
SECTIONi3.iiSection 209.012, Property Code, as added by this Act, applies only to an easement granted by a dedicatory instrument on or after the effective date of this Act. An easement granted by a dedicatory instrument before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.
SECTIONi4.iiThis Act takes effect September 1, 2007.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 2402 as follows:
(1) In Section 2(a) of the bill, in proposed Subsection (a), Section 209.013, Property Code (committee printing page 1, lines 32 through 35), strike "prohibit the amendment of any provision of the dedicatory instrument by property owners' association after the developer no longer controls the association or the board of directors" and substitute "be amended during the period between the time the developer loses the majority of the voting rights or other form of control of the property owners' association and the time a new board of directors of the association assumes office following the loss of the majority of the voting rights or other form of control".
(2) In Section 2(b) of the bill (committee printing page 1 line 41), strike "created on or after" and substitute "created before, or, or after".
HB 2702 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Truitt called up with senate amendments for consideration at this time,
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6211
HB 2702, A bill to be entitled An Act relating to the exemption from tuition and fees at a public institution of higher education for adopted students.
Representative Truitt moved to concur in the senate amendments to HBi2702.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1832): 139 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flynn; Frost; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons(C); Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker.
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Chavez; Flores; Gallego; Hochberg; Moreno; Oliveira.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 2702 (Senate Committee Printing) as follows:
(1)iiAdd the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTIONi____.ii(a) Section 162.304, Family Code, is amended by adding Subsections (b-1), (b-2), and (g) to read as follows:
(b-1)iiThe department shall pay a $150 subsidy each month for the premiums for health benefits coverage for a child with respect to whom a court has entered a final order of adoption if the child:
(1)iiwas in the conservatorship of the department at the time of the child's adoptive placement;
(2)iiafter the adoption, is not eligible for medical assistance under Chapter 32, Human Resources Code; and
(3)iiis younger than 18 years of age.
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(b-2)iiThe executive commissioner of the Health and Human Services Commission shall adopt rules necessary to implement Subsection (b-1), including rules that:
(1)iilimit eligibility for the subsidy under that subsection to a child whose adoptive family income is less than 300 percent of the federal poverty level;
(2)iiprovide for the manner in which the department shall pay the subsidy under that subsection; and
(3)iispecify any documentation required to be provided by an adoptive parent as proof that the subsidy is used to obtain and maintain health benefits coverage for the adopted child.
(g)iiA child for whom a subsidy is provided under Subsection (b-1) for premiums for health benefits coverage and who does not receive any other subsidy under this section is not considered to be the subject of an adoption assistance agreement for any other purpose, including for determining eligibility for the exemption from payment of tuition and fees for higher education under Section 54.2111, Education Code.
(b)iiThe change in law made by this section to Section 162.304, Family Code, applies only to financial and medical assistance available under Section 162.304, Family Code, as amended by this section, for a child for whom a final order of adoption is entered on or after the effective date of this section. Financial and medical assistance for a child for whom a final order of adoption is entered before the effective date of this section is governed by the law in effect on the date the order was entered, and the former law is continued in effect for that purpose.
(c)iiThis section takes effect September 1, 2007.
(2)iiIn SECTION 3 of the bill (page 1, line 47), strike "This Act" and substitute "Except as otherwise provided by this Act, this Act".
HB 1742 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Giddings called up with senate amendments for consideration at this time,
HB 1742, A bill to be entitled An Act relating to urban land bank demonstration programs.
Representative Giddings moved to concur in the senate amendments to HBi1742.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1833): 140 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6213
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Chavez; Harper-Brown; Moreno; Oliveira.
Senate Committee Substitute
CSHB 1742, A bill to be entitled An Act relating to urban land bank demonstration programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 361.1875, Health and Safety Code, is amended to read as follows:
Sec.i361.1875.iiEXCLUSION OF CERTAIN POTENTIALLY RESPONSIBLE PARTIES. (a) The commission may not name a person as a responsible party for an enforcement action or require a person to reimburse remediation costs for a site if the commission has conducted an investigation of a site owned or operated by the person and as a result of the investigation has determined that:
(1)iithe contaminants that are the subject of investigation under this subchapter appear to originate from an up-gradient, off-site source that is not owned or operated by the person;
(2)iiadditional corrective action is not required at the site owned or operated by the person; and
(3)iithe commission will not undertake a formal enforcement action in the matter.
(b)iiThe commission may not name a land bank established under Chapter 379C, Local Government Code, as a responsible party for an enforcement action or require the land bank to reimburse remediation costs for a site if the commission has conducted an investigation of a site owned or operated by the land bank and as a result of the investigation has determined that:
(1)iithe contaminants that are the subject of investigation under this subchapter:
(A)iiappear to originate from an up-gradient, off-site source that is not owned or operated by the land bank; or
6214 80th LEGISLATURE — REGULAR SESSION
(B)iiappear to have been present on the site before the land bank purchased the site; and
(2)iithe land bank could not have reasonably known about the contaminants at the time the land bank purchased the site.
SECTIONi2.iiSection 361.271(b), Health and Safety Code, is amended to read as follows:
(b)iiA political subdivision, a land bank established under Chapter 379C, Local Government Code, or an officer or employee of the political subdivision or land bank is not a person responsible for solid waste released or threatened to be released from a facility or at a site if:
(1)iithe political subdivision or land bank acquired ownership or control
of the facility or site through a [bankruptcy,] tax delinquency[, abandonment,] or
if the subdivision acquired ownership or control of the facility or site through
bankruptcy, abandonment, or other circumstances in which the subdivision
involuntarily acquired title to the facility or site by virtue of the subdivision's
function as sovereign; and
(2)iithe political subdivision, land bank, officer, or employee did not cause or contribute to the release or threatened release of solid waste at the facility or site.
SECTIONi3.iiSection 379C.003(3), Local Government Code, is amended to read as follows:
(3)ii"Low income household" means a household with a gross income
of not greater than 115 [80] percent of the area median family income, adjusted
for household size, for the metropolitan statistical area in which the municipality
is located, as determined annually by the United States Department of Housing
and Urban Development.
SECTIONi4.iiSection 379C.008(a), Local Government Code, is amended to read as follows:
(a)iiNotwithstanding any other law and except as provided by Subsection (f), property that is ordered sold pursuant to foreclosure of a tax lien may be sold in a private sale to a land bank by the officer charged with the sale of the property without first offering the property for sale as otherwise provided by Section 34.01, Tax Code, if:
(1)iithe market value of the property as specified in the judgment of foreclosure is less than the total amount due under the judgment, including all taxes, penalties, and interest, plus the value of nontax liens held by a taxing unit and awarded by the judgment, court costs, and the cost of the sale;
(2)iithe property is not improved with a habitable building or buildings or an uninhabitable building or buildings that are occupied as a residence by an owner or tenant who is legally entitled to occupy the building or buildings;
(3)iithere are delinquent taxes on the property for a total of at least five
[each of the preceding six] years; and
(4)iithe municipality has executed with the other taxing units that are parties to the tax suit an interlocal agreement that enables those units to agree to participate in the program while retaining the right to withhold consent to the sale of specific properties to the land bank.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6215
SECTIONi5.iiSection 379C.010(b), Local Government Code, is amended to read as follows:
(b)iiEach land bank property sold during any given fiscal year to be developed for sale must be deed restricted for sale to low income households, and:
(1)iiat [At] least 25 percent of those [the] land bank properties must
[sold during any given fiscal year to be developed for sale shall] be deed
restricted for sale to households with gross household incomes not greater than
60 percent of the area median family income, adjusted for household size; and
(2)iinot more than 30 percent of those land bank properties may be deed
restricted for sale to households with gross household incomes greater than 80
percent of the area median family income, adjusted for household size [, for the
metropolitan statistical area in which the municipality is located, as determined
annually by the United States Department of Housing and Urban Development].
SECTIONi6.iiSection 379C.011(d), Local Government Code, is amended to read as follows:
(d)iiThe municipality shall specify in its plan that the period during which
the right of first refusal provided by this section may be exercised by a qualified
organization is six [. That period must be at least nine months but not more than
26] months from the date of the deed of conveyance of the property to the land
bank.
SECTIONi7.iiSection 11.18, Tax Code, is amended by amending Subsection (d) and adding Subsection (o) to read as follows:
(d)iiA charitable organization must be organized exclusively to perform religious, charitable, scientific, literary, or educational purposes and, except as permitted by Subsections (h) and (l), engage exclusively in performing one or more of the following charitable functions:
(1)iiproviding medical care without regard to the beneficiaries' ability to pay, which in the case of a nonprofit hospital or hospital system means providing charity care and community benefits in accordance with Section 11.1801;
(2)iiproviding support or relief to orphans, delinquent, dependent, or handicapped children in need of residential care, abused or battered spouses or children in need of temporary shelter, the impoverished, or victims of natural disaster without regard to the beneficiaries' ability to pay;
(3)iiproviding support to elderly persons, including the provision of recreational or social activities and facilities designed to address the special needs of elderly persons, or to the handicapped, without regard to the beneficiaries' ability to pay;
(4)iipreserving a historical landmark or site;
(5)iipromoting or operating a museum, zoo, library, theater of the dramatic or performing arts, or symphony orchestra or choir;
(6)iipromoting or providing humane treatment of animals;
(7)iiacquiring, storing, transporting, selling, or distributing water for public use;
(8)iianswering fire alarms and extinguishing fires with no compensation or only nominal compensation to the members of the organization;
6216 80th LEGISLATURE — REGULAR SESSION
(9)iipromoting the athletic development of boys or girls under the age of 18 years;
(10)iipreserving or conserving wildlife;
(11)iipromoting educational development through loans or scholarships to students;
(12)iiproviding halfway house services pursuant to a certification as a halfway house by the pardons and paroles division of the Texas Department of Criminal Justice;
(13)iiproviding permanent housing and related social, health care, and educational facilities for persons who are 62 years of age or older without regard to the residents' ability to pay;
(14)iipromoting or operating an art gallery, museum, or collection, in a permanent location or on tour, that is open to the public;
(15)iiproviding for the organized solicitation and collection for distributions through gifts, grants, and agreements to nonprofit charitable, education, religious, and youth organizations that provide direct human, health, and welfare services;
(16)iiperforming biomedical or scientific research or biomedical or scientific education for the benefit of the public;
(17)iioperating a television station that produces or broadcasts educational, cultural, or other public interest programming and that receives grants from the Corporation for Public Broadcasting under 47 U.S.C. Section 396, as amended;
(18)iiproviding housing for low-income and moderate-income families, for unmarried individuals 62 years of age or older, for handicapped individuals, and for families displaced by urban renewal, through the use of trust assets that are irrevocably and, pursuant to a contract entered into before December 31, 1972, contractually dedicated on the sale or disposition of the housing to a charitable organization that performs charitable functions described by Subdivision (9);
(19)iiproviding housing and related services to persons who are 62 years of age or older in a retirement community, if the retirement community provides independent living services, assisted living services, and nursing services to its residents on a single campus:
(A)iiwithout regard to the residents' ability to pay; or
(B)iiin which at least four percent of the retirement community's
combined net resident revenue is provided in charitable care to its residents; [or]
(20)iiproviding housing on a cooperative basis to students of an institution of higher education if:
(A)iithe organization is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as amended, by being listed as an exempt entity under Section 501(c)(3) of that code;
(B)iimembership in the organization is open to all students enrolled in the institution and is not limited to those chosen by current members of the organization;
(C)iithe organization is governed by its members; and
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6217
(D)iithe members of the organization share the responsibility for managing the housing; or
(21)iiacquiring, holding, and transferring unimproved real property under an urban land bank demonstration program established under Chapter 379C, Local Government Code, as or on behalf of a land bank.
(o)iiFor purposes of Subsection (a)(2), real property acquired, held, and transferred by an organization that performs the function described by Subsection (d)(21) is considered to be used exclusively by the qualified charitable organization to perform that function.
SECTIONi8.ii(a) Section 361.1875, Health and Safety Code, as amended by this Act, applies only to a site investigation conducted by the Texas Commission on Environmental Quality that begins on or after the effective date of this Act. A site investigation that begins before the effective date of this Act is governed by the law in effect at the time the investigation began, and the former law is continued in effect for that purpose.
(b)iiSection 361.271(b), Health and Safety Code, as amended by this Act, applies only to an enforcement action initiated by the Texas Commission on Environmental Quality on or after the effective date of this Act. An enforcement action initiated before the effective date of this Act is governed by the law in effect at the time the action was initiated, and the former law is continued in effect for that purpose.
(c)iiThe changes in law made by this Act to Chapter 379C, Local Government Code, apply only to an urban land bank demonstration program operating in conformance with an urban land bank demonstration plan adopted by the governing body of a municipality on or after the effective date of this Act. An urban land bank demonstration program operating in conformance with an urban land bank demonstration plan adopted before the effective date of this Act is governed by the law in effect at the time the plan was adopted until a subsequent plan is adopted, and the former law is continued in effect for that purpose.
(d)iiSection 11.18, Tax Code, as amended by this Act, applies only to an ad valorem tax year that begins on or after the effective date of this Act.
SECTIONi9.iiThis Act takes effect September 1, 2007.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 1742 (Committee Printing) as follows:
Add the following SECTIONS and renumber subsequent SECTIONS accordingly:
SECTION ____ § 373A.003 Local Government Code. APPLICABILITY
OF CHAPTER. (a) This chapter applies only to a municipality with a population
of more than 650,000 that is located in a uniform state service region with fewer
than 550,000 occupied housing units as determined by the most recent United
States decennial census.
(b) Subchapters A, B, C and D apply to any municipality with a population of 1.18 million or more which is located predominantly in a county that has a total area of less than 1,000 square miles and has adopted an urban land bank demonstration program under Chapter 379C, Local Government Code.
6218 80th LEGISLATURE — REGULAR SESSION
SECTION ____ § 373A.052. ELIGIBILITY FOR DESIGNATION. (a) To be designated as a district within a municipality described by § 373.003 (a) under this subchapter, an area must be composed of census tracts forming a spatially compact area contiguous to a central business district and with:
(1) fewer than 25,000 residents;
(2) fewer than 8,000 households;
(3) a number of owner-occupied households that does not exceed 50 percent of the total households in the area;
(4) housing stock at least 55 percent of which was built at least 45 years ago;
(5) an unemployment rate that is greater than 10 percent;
(6) an overall poverty rate that is at least two times the poverty rate for the entire municipality; and
(7) in each census tract within the area, a median family income that is less than 60 percent of the median family income for the entire municipality.
(b) To be designated as a district within a municipality described by § 373.003(b) under this subchapter, an area must be composed of census tracts forming a spatially compact area contiguous to a central business district and with:
(1) fewer than 75,000 residents
(2) a median family income that is less than $30,000 according to the last decennial census,
(3) on overall poverty rate that is at least two times the poverty rate for the entire municipality.
(c) An area that is designated as a district under this subchapter may retain its designation as a district regardless of whether the area continues to meet the eligibility criteria provided by this section, except that an area that does not elect to retain its designation as permitted by this subsection must meet all eligibility criteria to be considered for subsequent redesignation as a district.
SECTION ____ It is the intent of the legislature that the passage by the 80th Legislature, Regular Session, 2007, of another bill that amends Chapter 373A, Local Government Code, and the amendments made by this Act shall be harmonized, if possible, as provided by Section 311.025(b), Government Code, so that effect may be given to each. If the amendments made by this Act to Chapter 373A, Local Government Code, and the amendments made to Chapter 373A, Local Government Code, by any other bill are irreconcilable, it is the intent of the legislature that this Act prevail, regardless of the relative dates of enactment of this Act and the other bill or bills, but only to the extent that any differences are irreconcilable.
Senate Amendment No. 2 (Senate Floor Amendment No. 2)
Amend HB 1742 (Committee Printing) by adding the following appropriately numbered SECTIONS to read as follows and renumbering subsequent SECTIONS appropriately:
SECTIONi____. Subtitle A, Title 12, Local Government Code, is amended by adding Chapter 379E to read as follows:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6219
CHAPTER 379E. URBAN LAND BANK PROGRAM
Sec.i379E.001.iiSHORT TITLE.iiThis chapter may be cited as the Urban Land Bank Program Act.
Sec.i379E.002.iiAPPLICABILITY; CONSTRUCTION WITH OTHER LAW.iiThis chapter applies only to a municipality:
(1)iito which Chapter 379C or 379D does not apply; and
(2)iithat has not ever adopted a homestead land bank program under Subchapter E, Chapter 373A.
Sec.i379E.003.iiDEFINITIONS.iiIn this chapter:
(1)ii"Affordable" means that the monthly mortgage payment or contract rent does not exceed 30 percent of the applicable median family income for that unit size, in accordance with the income and rent limit rules adopted by the Texas Department of Housing and Community Affairs.
(2)ii"Community housing development organization" or "organization" means an organization that:
(A)iimeets the definition of a community housing development organization in 24 C.F.R. Section 92.2; and
(B)iiis certified by the municipality as a community housing development organization.
(3)ii"Land bank" means an entity established or approved by the governing body of a municipality for the purpose of acquiring, holding, and transferring unimproved real property under this chapter.
(4)ii"Low income household" means a household with a gross income of not greater than 80 percent of the area median family income, adjusted for household size, for the metropolitan statistical area in which the municipality is located, as determined annually by the United States Department of Housing and Urban Development.
(5)ii"Qualified participating developer" means a developer who meets the requirements of Section 379E.005 and includes a qualified organization under Section 379E.011.
(6)ii"Urban land bank plan" or "plan" means a plan adopted by the governing body of a municipality as provided by Section 379E.006.
(7)ii"Urban land bank program" or "program" means a program adopted under Section 379E.004.
Sec.i379E.004.iiURBAN LAND BANK PROGRAM.ii(a)iiThe governing body of a municipality may adopt an urban land bank program in which the officer charged with selling real property ordered sold pursuant to foreclosure of a tax lien may sell certain eligible real property by private sale for purposes of affordable housing development as provided by this chapter.
(b)iiThe governing body of a municipality that adopts an urban land bank program shall establish or approve a land bank for the purpose of acquiring, holding, and transferring unimproved real property under this chapter.
Sec.i379E.005.iiQUALIFIED PARTICIPATING DEVELOPER.iiTo qualify to participate in an urban land bank program, a developer must:
6220 80th LEGISLATURE — REGULAR SESSION
(1)iihave developed three or more housing units within the three-year period preceding the submission of a proposal to the land bank seeking to acquire real property from the land bank;
(2)iihave a development plan approved by the municipality for the land bank property; and
(3)iimeet any other requirements adopted by the municipality in the urban land bank plan.
Sec.i379E.006.iiURBAN LAND BANK PLAN.ii(a)iiA municipality that adopts an urban land bank program shall operate the program in conformance with an urban land bank plan.
(b)iiThe governing body of a municipality that adopts an urban land bank program shall adopt a plan annually. The plan may be amended from time to time.
(c)iiIn developing the plan, the municipality shall consider other housing plans adopted by the municipality, including the comprehensive plan submitted to the United States Department of Housing and Urban Development and all fair housing plans and policies adopted or agreed to by the municipality.
(d)iiThe plan must include the following:
(1)iia list of community housing development organizations eligible to participate in the right of first refusal provided by Section 379E.011;
(2)iia list of the parcels of real property that may become eligible for sale to the land bank during the next year;
(3)iithe municipality's plan for affordable housing development on those parcels of real property; and
(4)iithe sources and amounts of money anticipated to be available from the municipality for subsidies for development of affordable housing in the municipality, including any money specifically available for housing developed under the program, as approved by the governing body of the municipality at the time the plan is adopted.
Sec.i379E.007.iiPUBLIC HEARING ON PROPOSED PLAN.ii(a)iiBefore adopting a plan, a municipality shall hold a public hearing on the proposed plan.
(b)iiThe city manager or the city manager's designee shall provide notice of the hearing to all community housing development organizations and to neighborhood associations identified by the municipality as serving the neighborhoods in which properties anticipated to be available for sale to the land bank under this chapter are located.
(c)iiThe city manager or the city manager's designee shall make copies of the proposed plan available to the public not later than the 60th day before the date of the public hearing.
Sec.i379E.008.iiPRIVATE SALE TO LAND BANK.ii(a)iiNotwithstanding any other law and except as provided by Subsection (f), property that is ordered sold pursuant to foreclosure of a tax lien may be sold in a private sale to a land bank by the officer charged with the sale of the property without first offering the property for sale as otherwise provided by Section 34.01, Tax Code, if:
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(1)iithe market value of the property as specified in the judgment of foreclosure is less than the total amount due under the judgment, including all taxes, penalties, and interest, plus the value of nontax liens held by a taxing unit and awarded by the judgment, court costs, and the cost of the sale;
(2)iithe property is not improved with a building or buildings;
(3)iithere are delinquent taxes on the property for a total of at least five years; and
(4)iithe municipality has executed with the other taxing units that are parties to the tax suit an interlocal agreement that enables those units to agree to participate in the program while retaining the right to withhold consent to the sale of specific properties to the land bank.
(b)iiA sale of property for use in connection with the program is a sale for a public purpose.
(c)iiIf the person being sued in a suit for foreclosure of a tax lien does not contest the market value of the property in the suit, the person waives the right to challenge the amount of the market value determined by the court for purposes of the sale of the property under Section 33.50, Tax Code.
(d)iiFor any sale of property under this chapter, each person who was a defendant to the judgment, or that person's attorney, shall be given, not later than the 90th day before the date of sale, written notice of the proposed method of sale of the property by the officer charged with the sale of the property. Notice must be given in the manner prescribed by Rule 21a, Texas Rules of Civil Procedure.
(e)iiAfter receipt of the notice required by Subsection (d) and before the date of the proposed sale, the owner of the property subject to sale may file with the officer charged with the sale a written request that the property not be sold in the manner provided by this chapter.
(f)iiIf the officer charged with the sale receives a written request as provided by Subsection (e), the officer shall sell the property as otherwise provided in Section 34.01, Tax Code.
(g)iiThe owner of the property subject to sale may not receive any proceeds of a sale under this chapter. However, the owner does not have any personal liability for a deficiency of the judgment as a result of a sale under this chapter.
(h)iiNotwithstanding any other law, if consent is given by the taxing units that are a party to the judgment, property may be sold to the land bank for less than the market value of the property as specified in the judgment or less than the total of all taxes, penalties, and interest, plus the value of nontax liens held by a taxing unit and awarded by the judgment, court costs, and the cost of the sale.
(i)iiThe deed of conveyance of the property sold to a land bank under this section conveys to the land bank the right, title, and interest acquired or held by each taxing unit that was a party to the judgment, subject to the right of redemption.
Sec.i379E.009.iiSUBSEQUENT RESALE BY LAND BANK.ii(a)iiEach subsequent resale of property acquired by a land bank under this chapter must comply with the conditions of this section.
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(b)iiWithin the three-year period following the date of acquisition, the land bank must sell a property to a qualified participating developer for the purpose of construction of affordable housing for sale or rent to low income households. If after three years a qualified participating developer has not purchased the property, the property shall be transferred from the land bank to the taxing units who were parties to the judgment for disposition as otherwise allowed under the law.
(c)iiUnless the municipality increases the amount in its plan, the number of properties acquired by a qualified participating developer under this section on which development has not been completed may not at any time exceed three times the annual average residential production completed by the qualified participating developer during the preceding two-year period as determined by the municipality.
(d)iiThe deed conveying a property sold by the land bank must include a right of reverter so that, if the qualified participating developer does not apply for a construction permit and close on any construction financing within the two-year period following the date of the conveyance of the property from the land bank to the qualified participating developer, the property will revert to the land bank for subsequent resale to another qualified participating developer or conveyance to the taxing units who were parties to the judgment for disposition as otherwise allowed under the law.
Sec.i379E.010.iiRESTRICTIONS ON OCCUPANCY AND USE OF PROPERTY.ii(a)iiThe land bank shall impose deed restrictions on property sold to qualified participating developers requiring the development and sale or rental of the property to low income households.
(b)iiAt least 25 percent of the land bank properties sold during any given fiscal year to be developed for sale shall be deed restricted for sale to households with gross household incomes not greater than 60 percent of the area median family income, adjusted for household size, for the metropolitan statistical area in which the municipality is located, as determined annually by the United States Department of Housing and Urban Development.
(c)iiIf property is developed for rental housing, the deed restrictions must be for a period of not less than 20 years and must require that:
(1)ii100 percent of the rental units be occupied by and affordable to households with incomes not greater than 60 percent of area median family income, based on gross household income, adjusted for household size, for the metropolitan statistical area in which the municipality is located, as determined annually by the United States Department of Housing and Urban Development;
(2)ii40 percent of the units be occupied by and affordable to households with incomes not greater than 50 percent of area median family income, based on gross household income, adjusted for household size, for the metropolitan statistical area in which the municipality is located, as determined annually by the United States Department of Housing and Urban Development; or
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(3)ii20 percent of the units be occupied by and affordable to households with incomes not greater than 30 percent of area median family income, based on gross household income, adjusted for household size, for the metropolitan statistical area in which the municipality is located, as determined annually by the United States Department of Housing and Urban Development.
(d)iiThe deed restrictions under Subsection (c) must require the owner to file an annual occupancy report with the municipality on a reporting form provided by the municipality. The deed restrictions must also prohibit any exclusion of an individual or family from admission to the development based solely on the participation of the individual or family in the housing choice voucher program under Section 8, United States Housing Act of 1937 (42 U.S.C. Section 1437f), as amended.
(e)iiExcept as otherwise provided by this section, if the deed restrictions imposed under this section are for a term of years, the deed restrictions shall renew automatically.
(f)iiThe land bank or the governing body of the municipality may modify or add to the deed restrictions imposed under this section. Any modifications or additions made by the governing body of the municipality must be adopted by the municipality as part of its plan and must comply with the restrictions set forth in Subsections (b), (c), and (d).
Sec.i379E.011.iiRIGHT OF FIRST REFUSAL.ii(a)iiIn this section, "qualified organization" means a community housing development organization that:
(1)iicontains within its designated geographical boundaries of operation, as set forth in its application for certification filed with and approved by the municipality, a portion of the property that the land bank is offering for sale;
(2)iihas built at least three single-family homes or duplexes or one multifamily residential dwelling of four or more units in compliance with all applicable building codes within the preceding two-year period and within the organization's designated geographical boundaries of operation; and
(3)iiwithin the preceding three-year period has developed or rehabilitated housing units within a two-mile radius of the property that the land bank is offering for sale.
(b)iiThe land bank shall first offer a property for sale to qualified organizations.
(c)iiNotice must be provided to the qualified organizations by certified mail, return receipt requested, not later than the 60th day before the beginning of the period in which a right of first refusal may be exercised.
(d)iiThe municipality shall specify in its plan the period during which the right of first refusal provided by this section may be exercised by a qualified organization. That period must be at least nine months but not more than 26 months from the date of the deed of conveyance of the property to the land bank.
(e)iiIf the land bank conveys the property to a qualified organization before the expiration of the period specified by the municipality under Subsection (d), the interlocal agreement executed under Section 379E.008(a)(4) must provide tax abatement for the property until the expiration of that period.
6224 80th LEGISLATURE — REGULAR SESSION
(f)iiDuring the specified period, the land bank may not sell the property to a qualified participating developer other than a qualified organization. If all qualified organizations notify the land bank that they are declining to exercise their right of first refusal during the specified period, or if an offer to purchase the property is not received from a qualified organization during that period, the land bank may sell the property to any other qualified participating developer at the same price that the land bank offered the property to the qualified organizations.
(g)iiIn its plan, the municipality shall establish the amount of additional time, if any, that a property may be held in the land bank once an offer has been received and accepted from a qualified organization or other qualified participating developer.
(h)iiIf more than one qualified organization expresses an interest in exercising its right of first refusal, the organization that has designated the most geographically compact area encompassing a portion of the property shall be given priority.
(i)iiIn its plan, the municipality may provide for other rights of first refusal for any other nonprofit corporation exempted from federal income tax under Section 501(c)(3), Internal Revenue Code of 1986, as amended, provided that the preeminent right of first refusal is provided to qualified organizations as provided by this section.
(j)iiThe land bank is not required to provide a right of first refusal to qualified organizations under this section if the land bank is selling property that reverted to the land bank under Section 379E.009(d).
Sec.i379E.012.iiOPEN RECORDS AND MEETINGS.iiThe land bank shall comply with the requirements of Chapters 551 and 552, Government Code.
Sec.i379E.013.iiRECORDS; AUDIT; REPORT.ii(a)iiThe land bank shall keep accurate minutes of its meetings and shall keep accurate records and books of account that conform with generally accepted principles of accounting and that clearly reflect the income and expenses of the land bank and all transactions in relation to its property.
(b)iiThe land bank shall file with the municipality not later than the 90th day after the close of the fiscal year annual audited financial statements prepared by a certified public accountant. The financial transactions of the land bank are subject to audit by the municipality.
(c)iiFor purposes of evaluating the effectiveness of the program, the land bank shall submit an annual performance report to the municipality not later than November 1 of each year in which the land bank acquires or sells property under this chapter. The performance report must include:
(1)iia complete and detailed written accounting of all money and properties received and disbursed by the land bank during the preceding fiscal year;
(2)iifor each property acquired by the land bank during the preceding fiscal year:
(A)iithe street address of the property;
(B)iithe legal description of the property;
(C)iithe date the land bank took title to the property;
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(D)iithe name and address of the property owner of record at the time of the foreclosure;
(E)iithe amount of taxes and other costs owed at the time of the foreclosure; and
(F)iithe assessed value of the property on the tax roll at the time of the foreclosure;
(3)iifor each property sold by the land bank during the preceding fiscal year to a qualified participating developer:
(A)iithe street address of the property;
(B)iithe legal description of the property;
(C)iithe name and mailing address of the developer;
(D)iithe purchase price paid by the developer;
(E)iithe maximum incomes allowed for the households by the terms of the sale; and
(F)iithe source and amount of any public subsidy provided by the municipality to facilitate the sale or rental of the property to a household within the targeted income levels;
(4)iifor each property sold by a qualified participating developer during the preceding fiscal year, the buyer's household income and a description of all use and sale restrictions; and
(5)iifor each property developed for rental housing with an active deed restriction, a copy of the most recent annual report filed by the owner with the land bank.
(d)iiThe land bank shall maintain in its records for inspection a copy of the sale settlement statement for each property sold by a qualified participating developer and a copy of the first page of the mortgage note with the interest rate and indicating the volume and page number of the instrument as filed with the county clerk.
(e)iiThe land bank shall provide copies of the performance report to the taxing units who were parties to the judgment of foreclosure and shall provide notice of the availability of the performance report for review to the organizations and neighborhood associations identified by the municipality as serving the neighborhoods in which properties sold to the land bank under this chapter are located.
(f)iiThe land bank and the municipality shall maintain copies of the performance report available for public review.
SECTIONi____.iiSection 11.18, Tax Code, is amended by amending Subsection (d) and adding Subsection (o) to read as follows:
(d)iiA charitable organization must be organized exclusively to perform religious, charitable, scientific, literary, or educational purposes and, except as permitted by Subsections (h) and (l), engage exclusively in performing one or more of the following charitable functions:
(1)iiproviding medical care without regard to the beneficiaries' ability to pay, which in the case of a nonprofit hospital or hospital system means providing charity care and community benefits in accordance with Section 11.1801;
6226 80th LEGISLATURE — REGULAR SESSION
(2)iiproviding support or relief to orphans, delinquent, dependent, or handicapped children in need of residential care, abused or battered spouses or children in need of temporary shelter, the impoverished, or victims of natural disaster without regard to the beneficiaries' ability to pay;
(3)iiproviding support to elderly persons, including the provision of recreational or social activities and facilities designed to address the special needs of elderly persons, or to the handicapped, without regard to the beneficiaries' ability to pay;
(4)iipreserving a historical landmark or site;
(5)iipromoting or operating a museum, zoo, library, theater of the dramatic or performing arts, or symphony orchestra or choir;
(6)iipromoting or providing humane treatment of animals;
(7)iiacquiring, storing, transporting, selling, or distributing water for public use;
(8)iianswering fire alarms and extinguishing fires with no compensation or only nominal compensation to the members of the organization;
(9)iipromoting the athletic development of boys or girls under the age of 18 years;
(10)iipreserving or conserving wildlife;
(11)iipromoting educational development through loans or scholarships to students;
(12)iiproviding halfway house services pursuant to a certification as a halfway house by the pardons and paroles division of the Texas Department of Criminal Justice;
(13)iiproviding permanent housing and related social, health care, and educational facilities for persons who are 62 years of age or older without regard to the residents' ability to pay;
(14)iipromoting or operating an art gallery, museum, or collection, in a permanent location or on tour, that is open to the public;
(15)iiproviding for the organized solicitation and collection for distributions through gifts, grants, and agreements to nonprofit charitable, education, religious, and youth organizations that provide direct human, health, and welfare services;
(16)iiperforming biomedical or scientific research or biomedical or scientific education for the benefit of the public;
(17)iioperating a television station that produces or broadcasts educational, cultural, or other public interest programming and that receives grants from the Corporation for Public Broadcasting under 47 U.S.C. Section 396, as amended;
(18)iiproviding housing for low-income and moderate-income families, for unmarried individuals 62 years of age or older, for handicapped individuals, and for families displaced by urban renewal, through the use of trust assets that are irrevocably and, pursuant to a contract entered into before December 31, 1972, contractually dedicated on the sale or disposition of the housing to a charitable organization that performs charitable functions described by Subdivision (9);
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(19)iiproviding housing and related services to persons who are 62 years of age or older in a retirement community, if the retirement community provides independent living services, assisted living services, and nursing services to its residents on a single campus:
(A)iiwithout regard to the residents' ability to pay; or
(B)iiin which at least four percent of the retirement community's
combined net resident revenue is provided in charitable care to its residents; [or]
(20)iiproviding housing on a cooperative basis to students of an institution of higher education if:
(A)iithe organization is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as amended, by being listed as an exempt entity under Section 501(c)(3) of that code;
(B)iimembership in the organization is open to all students enrolled in the institution and is not limited to those chosen by current members of the organization;
(C)iithe organization is governed by its members; and
(D)iithe members of the organization share the responsibility for managing the housing; or
(21)iiacquiring, holding, and transferring unimproved real property under an urban land bank program established under Chapter 379E, Local Government Code, as or on behalf of a land bank.
(o)iiFor purposes of Subsection (a)(2), real property acquired, held, and transferred by an organization that performs the function described by Subsection (d)(21) is considered to be used exclusively by the qualified charitable organization to perform that function.
SECTIONi____.iiSection 11.18, Tax Code, as amended by this Act, applies only to an ad valorem tax year that begins on or after the effective date of this Act.
Senate Amendment No. 3 (Senate Floor Amendment No. 3)
Amend HB 1742 by adding the following Sections to read as follows and renumbering the subsequent Sections appropriately:
SECTION ____. Subsection (a), Section 379D.010, Local Government Code, is amended to read as follows:
(a) The land bank shall impose deed restrictions with appropriate terms and conditions on property sold to qualified participating developers and eligible adjacent property owners that require:
(1) the development and sale or rental of the property to low income households, if the property is sold to a qualified participating developer; or
(2) the use of the property to be consistent and compatible with the residential character of the neighborhood and any applicable standards for use adopted by the land bank, if the property is sold to an eligible adjacent property owner.
SECTION ____. Section 379D.011, Local Government Code, is amended to read as follows:
6228 80th LEGISLATURE — REGULAR SESSION
Sec. 379D.011. RIGHT OF FIRST REFUSAL IN ELIGIBLE ADJACENT PROPERTY OWNERS; CONDITIONS OF PURCHASE. (a) Property acquired by the land bank shall be offered for sale, at fair market value as determined by the appraisal district in which the property is located, to eligible adjacent property owners under a right of first refusal on terms and conditions developed by the land bank that are consistent with this chapter.
(b) To be eligible to exercise a right of first refusal under this section, an owner of property adjacent to property acquired by the land bank:
(1) must have owned and continuously occupied that property for at least the five preceding years as that person's principal residence; and
(2) must meet any eligibility requirements adopted by the land bank.
(c) An adjacent property owner who purchases property under this section may not lease, sell, or otherwise transfer the property to another party before the 10th anniversary of the date the adjacent property owner purchases the property. This prohibition does not apply to a transfer of property, as allowed by policies adopted by the land bank:
(1) to a family member of the adjacent property owner; or
(2) in the case of the death of the adjacent property owner.
SECTION ____. Chapter 379D, Local Government Code, is amended by adding Section 379D.015 to read as follows:
Sec. 379D.015. EFFECT OF SALE TO LAND BANK OR SUBSEQUENT PURCHASERS OR LENDERS FOR VALUE; LIMITATION ON CERTAIN CAUSES OF ACTION. After the first anniversary of a sale of property to a land bank under this chapter:
(1) a third party, other than a qualified participating developer or eligible adjacent property owner who purchased the property from the land bank under this chapter or a person with a cause of action based on a right, title, interest, or other claim described by Subdivision (2)(A)(ii), may not bring a cause of action to set aside or otherwise challenge the sale of the property to the land bank, including a cause of action that is brought against:
(A) a qualified participating developer or eligible adjacent property owner who purchases property from the land bank under Section 379D.009 or 379D.011, as applicable; or
(B) any other subsequent purchaser for value or lender for value; and
(2) a qualified participating developer or eligible adjacent property owner who purchases property from a land bank under this chapter or any other subsequent purchaser for value or, if applicable, a lender for a developer, owner, or purchaser described by this subdivision or any other subsequent lender for value:
(A) has, with the following characteristics, a full title to the property:
(i) except as provided by Subparagraph (ii), the title is not subject to any right, title, interest, or other claim a person acquired in the property before or after the sale of the property to the land bank, including a right of first
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(ii) the title is subject only to:
(a) the recorded restrictive covenants, liens, and valid easements of recorded described by Section 34.01(n), Tax Code;
(b) any rights of redemption applicable to the property;
(c) any cause of action to impeach the property deed based on a claim of fraud;
(d) the right of reverter provided by Section 379D.009(d) and the recorded deed restrictions described by Section 379D.010; and
(e) any right, title, interest, or other claim with respect to the property that arose after the sale of the property to the land bank under a law other than this chapter; and
(B) may conclusively presume that:
(i) the sale of the property to the land bank under this chapter was valid; and
(ii) a mortgage on or a subsequent sale of the property complies with this chapter and is subject only to a right, title, interest, or other claim provided by Paragraph (A)(ii).
SECTION ____. Section 379D.015, Local Government Code, as added by this Act, applies only to a cause of action that accrues on or after the effective date of this Act and concerns property that is first purchased by a land bank under Section 379D.015, Local Government Code, on or after the effective date of this Act.
HB 2198 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Bonnen called up with senate amendments for consideration at this time,
HB 2198, A bill to be entitled An Act relating to authorizing certain public junior colleges to offer baccalaureate degree programs.
Representative Bonnen moved to concur in the senate amendments to HBi2198.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1834): 140 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero;
6230 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Chavez; Hughes; Moreno; Oliveira.
Senate Amendment No. 1 (Senate Committee Amendment No. 1)
Amend HB 2198 as follows:
(1) In SECTION 1 of the bill, Section 130.0012, Education Code, subsection (b) line 19, between "programs" and "and", insert "." and strike "and shall authorize baccalaureate degree programs at an additional public junior college if the coordinating board determines that it is in the best interest of this state for that public junior college to offer those degree program after considering the criteria established by the coordinating board under Subsection (e)"
(2) In SECTION 1 of the bill, beginning on page 2, line 12, between "determining" and page 2, line 13 "what", strike "whether a public junior college may offer baccalaureate degree programs and".
(3) In SECTION 1 of the bill, beginning on page 4, line 6, strike "(i) The".
(4) In SECTION 1 of the bill, beginning on page 4, line 7, strike "coordinating board shall establish an application process to select additional public junior colleges that will be authorized to offer baccalaureate degree programs under this section".
(5) Beginning on page 5, line 13, strike SECTION 2 entirely, and renumber subsequent sections accordingly.
HB 2994 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Bonnen called up with senate amendments for consideration at this time,
HB 2994, A bill to be entitled An Act relating to certain agreements made with electric power generation facilities under the Property Redevelopment and Tax Abatement Act and to similar agreements and compliance reports under the Texas Economic Development Act.
Representative Bonnen moved to concur in the senate amendments to HBi2994.
A record vote was requested.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6231
The motion to concur in senate amendments prevailed by (Record 1835): 139 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Chavez; Gonzalez Toureilles; Moreno; Oliveira; Veasey.
STATEMENTS OF VOTE
I was shown voting yes on Record No. 1835. I intended to vote no.
Herrero
I was shown voting yes on Record No. 1835. I intended to vote no.
Leibowitz
Senate Committee Substitute
CSHB 2994, A bill to be entitled An Act relating to certain agreements made with electric power generation facilities under the Property Redevelopment and Tax Abatement Act and to similar agreements and compliance reports under the Texas Economic Development Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter C, Chapter 312, Tax Code, is amended by adding Section 312.403 to read as follows:
Sec.i312.403.iiTAX ABATEMENT AGREEMENT FOR NUCLEAR ELECTRIC POWER GENERATION FACILITY IN COUNTY REINVESTMENT ZONE. (a) In this section, "nuclear electric power generation" has the meaning assigned by Section 313.024(e).
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(b)iiAn agreement made under this subchapter with the owner of property that is a nuclear electric power generation facility may include a provision that defers the effective date of the agreement to a later date agreed to by the taxing unit and the owner of the property, but not later than the seventh anniversary of the date the agreement is made.
(c)iiIf the effective date of an agreement is deferred under Subsection (b), the agreement may have a term ending not later than 10 years after the effective date of the agreement, notwithstanding Sections 312.204 and 312.208.
SECTIONi2.iiSections 313.021(1) and (4), Tax Code, are amended to read as follows:
(1)ii"Qualified investment" means:
(A)iitangible personal property that is first placed in service in this state during the applicable qualifying time period that begins on or after January 1, 2002, and is described as Section 1245 property by Section 1245(a), Internal Revenue Code of 1986;
(B)iitangible personal property that is first placed in service in this state during the applicable qualifying time period that begins on or after January 1, 2002, without regard to whether the property is affixed to or incorporated into real property, and that is used in connection with the manufacturing, processing, or fabrication in a cleanroom environment of a semiconductor product, without regard to whether the property is actually located in the cleanroom environment, including:
(i)iiintegrated systems, fixtures, and piping;
(ii)iiall property necessary or adapted to reduce contamination or to control airflow, temperature, humidity, chemical purity, or other environmental conditions or manufacturing tolerances; and
(iii)iiproduction equipment and machinery, moveable
cleanroom partitions, and cleanroom lighting; [or]
(C)iitangible personal property that is first placed in service in this state during the applicable qualifying time period that begins on or after January 1, 2002, without regard to whether the property is affixed to or incorporated into real property, and that is used in connection with the operation of a nuclear electric power generation facility, including:
(i)iiproperty, including pressure vessels, pumps, turbines, generators, and condensers, used to produce nuclear electric power; and
(ii)iiproperty and systems necessary to control radioactive contamination;
(D)iitangible personal property that is first placed in service in this state during the applicable qualifying time period that begins on or after January 1, 2002, without regard to whether the property is affixed to or incorporated into real property, and that is used in connection with operating an integrated gasification combined cycle electric generation facility, including:
(i)iiproperty used to produce electric power by means of a combined combustion turbine and steam turbine application using synthetic gas or another product produced by the gasification of coal or another carbon-based feedstock; or
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6233
(ii)iiproperty used in handling materials to be used as feedstock for gasification or used in the gasification process to produce synthetic gas or another carbon-based feedstock for use in the production of electric power in the manner described by Subparagraph (i); or
(E)iia building or a permanent, nonremovable component of a
building that is built or constructed during the applicable qualifying time period
that begins on or after January 1, 2002, and that houses tangible personal
property described by Paragraph (A), [or] (B), (C), or (D).
(4)ii"Qualifying time period" means:
(A)iithe first two tax years that begin on or after the date a person's application for a limitation on appraised value under this subchapter is approved, except as provided by Paragraph (B); or
(B)iiin connection with a nuclear electric power generation facility, the first seven tax years that begin on or after the third anniversary of the date the school district approves the property owner's application for a limitation on appraised value under this subchapter, unless a shorter time period is agreed to by the governing body of the school district and the property owner.
SECTIONi3.iiSection 313.024, Tax Code, is amended by adding Subsections (a-1) and (b-1) and amending Subsection (c) to read as follows:
(a-1)iiNotwithstanding Subsection (a), this subchapter and Subchapters C and D also apply to property used in the production of nuclear electric power that is owned by an entity to which on and after January 1, 2008, Chapter 171 of this code, as amended by Chapter 1, Acts of the 79th Legislature, 3rd Called Session, 2006, will apply. This subsection expires January 1, 2008.
(b-1)iiNotwithstanding Subsection (b), property used in connection with electric power generation by the use of integrated gasification combined cycle technology or nuclear electric power generation is eligible for a limitation on appraised value under this subchapter. This subsection expires January 1, 2008.
(c)iiFor purposes of determining an applicant's eligibility for a limitation under this subchapter:
(1)iithe land on which a building or component of a building described
by Section 313.021(1)(E) [313.021(1)(C)] is located is not considered a qualified
investment;
(2)iiproperty that is leased under a capitalized lease may be considered a qualified investment;
(3)iiproperty that is leased under an operating lease may not be considered a qualified investment; and
(4)iiproperty that is owned by a person other than the applicant and that is pooled or proposed to be pooled with property owned by the applicant may not be included in determining the amount of the applicant's qualifying investment.
SECTIONi4.iiSection 313.024(b), Tax Code, as effective January 1, 2008, is amended to read as follows:
(b)iiTo be eligible for a limitation on appraised value under this subchapter, the entity must use the property in connection with:
(1)iimanufacturing;
(2)iiresearch and development;
6234 80th LEGISLATURE — REGULAR SESSION
(3)iia clean coal project, as defined by Section 5.001, Water Code;
(4)iia gasification project for a coal and biomass mixture; [or]
(5)iirenewable energy electric generation;
(6)iielectric power generation using integrated gasification combined cycle technology; or
(7)iinuclear electric power generation.
SECTIONi5.iiSection 313.024(e), Tax Code, is amended by adding Subdivisions (3) and (4) to read as follows:
(3)ii"Integrated gasification combined cycle technology" means technology used to produce electricity in a combined combustion turbine and steam turbine application using synthetic gas or another product produced from the gasification of coal or another carbon-based feedstock, including related activities such as materials-handling and gasification of coal or another carbon-based feedstock.
(4)ii"Nuclear electric power generation" means activities described in category 221113 of the 2002 North American Industry Classification System.
SECTIONi6.iiSubchapter B, Chapter 313, Tax Code, is amended by adding Section 313.032 to read as follows:
Sec.i313.032.iiREPORT ON COMPLIANCE WITH AGREEMENTS. (a) Before the beginning of each regular session of the legislature, the comptroller shall submit to the lieutenant governor, the speaker of the house of representatives, and each other member of the legislature a report assessing the progress of each agreement made under this chapter. The report must be based on data certified to the comptroller by each recipient of a limitation on appraised value under this subchapter and state for each agreement:
(1)iithe number of qualifying jobs each recipient of a limitation on appraised value committed to create;
(2)iithe number of qualifying jobs each recipient created;
(3)iithe median wage of the new jobs each recipient created;
(4)iithe amount of the qualified investment each recipient committed to spend or allocate for each project;
(5)iithe amount of the qualified investment each recipient spent or allocated for each project;
(6)iithe market value of the qualified property of each recipient as determined by the applicable chief appraiser;
(7)iithe limitation on appraised value for the qualified property of each recipient;
(8)iithe dollar amount of the taxes that would have been imposed on the qualified property if the property had not received a limitation on appraised value;
(9)iithe dollar amount of the taxes imposed on the qualified property;
(10)iithe number of new jobs created by each recipient in each sector of the North American Industry Classification System; and
(11)iiof the number of new jobs each recipient created, the number of jobs created that provide health benefits for employees.
(b)iiThe report may not include information that is confidential by law.
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(c)iiThe comptroller may require a recipient to submit, on a form the comptroller provides, information required to complete the report.
SECTIONi7.ii(a) The governmental acts and proceedings of the governing body of a taxing unit relating to the consideration or approval of an ad valorem tax abatement agreement under Chapter 312, Tax Code, that occurred before the effective date of this Act, or of the governing body of a school district relating to the consideration or approval of a limitation on appraised value for ad valorem tax purposes under Chapter 313, Tax Code, that occurred before the effective date of this Act, are validated as of the dates they occurred.
(b)iiThe governmental acts and proceedings of the taxing unit or the governing body of the taxing unit that occurred after the consideration or approval of an ad valorem tax abatement agreement under Chapter 312, Tax Code, or of the school district or the governing body of the school district that occurred after the consideration or approval of a limitation on appraised value for ad valorem tax purposes under Chapter 313, Tax Code, may not be held invalid on the ground that the consideration or approval of the tax abatement agreement or limitation on appraised value, in the absence of this section, was invalid.
SECTIONi8.ii(a) Except as otherwise provided by Subsection (b) of this section, this Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007, except as provided by Subsection (b).
(b)iiSection 4 of this Act takes effect January 1, 2008.
HB 3378 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Truitt called up with senate amendments for consideration at this time,
HB 3378, A bill to be entitled An Act relating to the requirements governing municipal consent to the creation or expansion of certain water districts.
Representative Truitt moved to concur in the senate amendments to HBi3378.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1836): 136 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg;
6236 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Chavez; Eiland; Hill; McCall; McReynolds; Moreno; Oliveira; Turner.
Senate Committee Substitute
CSHB 3378, A bill to be entitled An Act relating to the requirements governing municipal consent to the creation or expansion of certain water districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 42.042(a), Local Government Code, is amended to read as follows:
(a)iiA political subdivision, one purpose of which is to supply fresh water
for domestic or commercial use or to furnish sanitary sewer services, roadways,
or drainage, may not be created in the extraterritorial jurisdiction of a
municipality unless the governing body of the municipality gives its written
consent by ordinance or resolution in accordance with this subsection and the
Water Code. In giving its consent, the municipality may not place any conditions
or other restrictions on the creation of the political subdivision other than those
expressly permitted by Sections [Section] 54.016(e) and (i), Water Code.
SECTIONi2.iiSection 54.016, Water Code, is amended by adding Subsections (i) and (j) to read as follows:
(i)iiA city may provide in its written consent to the inclusion of land in a district that a district water facility that serves land developed and subdivided into lots of less than one acre must meet the fire flow requirements to which the city is subject.
(j)iiA city may supplement its written consent in settlement of a water rate dispute with a district, and the terms of the supplement remain in effect after expiration of the written consent unless the city and the district agree otherwise.
SECTIONi3.ii(a) Section 54.016(i), Water Code, as added by this Act, applies only to a political subdivision that adds land on or after the effective date of this Act. A political subdivision that adds land before the effective date of this Act is governed by the law in effect on the date the land was added, and the former law is continued in effect for that purpose.
(b)iiSection 54.016(j), Water Code, as added by this Act, applies to a supplement to a municipality's consent to the inclusion of land in a district in effect on or after the effective date of this Act.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6237
SECTIONi4.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, 2007.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 3378 (senate committee printing) in SECTION 2 of the bill, in proposed Subsection (i), Section 54.016, Water Code (page 1, line 27), between "(i)" and "A city", by inserting "This subsection applies only to a city with a population of 500,000 or more located in a county with a population of 1.4 million or more in which two or more cities or towns with a population of 300,000 or more are predominately located."
(Oliveira now present)
HB 3584 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Peña called up with senate amendments for consideration at this time,
HB 3584, A bill to be entitled An Act relating to the creation of the offense of organized retail theft.
Representative Peña moved to concur in the senate amendments to HBi3584.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1837): 141 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Isett.
6238 80th LEGISLATURE — REGULAR SESSION
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Coleman; Driver; Moreno.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 3584 (senate committee printing) as follows:
(1) In SECTION 1 of the bill, in added Section 31.16, Penal Code (page 1, between lines 39 and 40), following added Subsection (d), add the following:
(e) For the purposes of punishment, an offense under this section or an offense described by Section 31.03(e)(1) or (e)(2) is increased to the next highest category of offense if it is shown at the trial of the offense that the defendant, with the intent that a distraction from the commission of the offense be created, intentionally, knowingly, or recklessly caused an alarm to sound or otherwise become activated during the commission of the offense.
(2) Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly
SECTION ____. The change in law made by this Act in adding Section 31.16(e), Penal Code, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect at the time the offense was committed, and the former law is continued in effect for that purpose. For that purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before that date.
HB 779 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Dutton called up with senate amendments for consideration at this time,
HB 779, A bill to be entitled An Act relating to the dismissal of certain enforcement actions alleging the failure to pay child support.
Representative Dutton moved to concur in the senate amendments to HBi779.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1838): 140 Yeas, 0 Nays, 3 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Howard, C.; Howard, D.; Hughes; Jackson; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6239
Present, not voting — Mr. Speaker; Jones; Solomons(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Coleman; Hopson; Moreno.
Senate Amendment No. 1 (Senate Committee Amendment No. 1)
Amend HB 779 (House engrossment) by striking page 1, lines 7 through 11, and substituting the following:
"(d) The court may not find a respondent in contempt of court for failure to pay child support if the respondent appears at the hearing with a copy of the payment record or other evidence satisfactory to the court showing that the respondent is current in the payment of child support as ordered by the court."
HB 1988 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Gallego called up with senate amendments for consideration at this time,
HB 1988, A bill to be entitled An Act relating to the issuance of a protective order for a victim of the offense of sexual assault, aggravated sexual assault, or indecency with a child.
Representative Gallego moved to concur in the senate amendments to HBi1988.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1839): 142 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day;
6240 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Cook, B.; Moreno.
Senate Committee Substitute
CSHB 1988, A bill to be entitled An Act relating to the issuance of a protective order for a victim of the offense of sexual assault, aggravated sexual assault, or indecency with a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiArticle 7A.01(a), Code of Criminal Procedure, is amended to read as follows:
(a)iiA person who is the victim of an offense under Section 21.11, 22.011, or
22.021, Penal Code, a parent or guardian acting on behalf of a person younger
than 17 years of age who is the victim of such an offense, or a prosecuting
attorney acting on behalf of the person[,] may file an application for a protective
order under this chapter without regard to the relationship between the applicant
and the alleged offender.
SECTIONi2.iiArticle 7A.03, Code of Criminal Procedure, is amended to read as follows:
Art.i7A.03.iiREQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
ORDER. (a) At the close of a hearing on an application for a protective order
under this chapter, the court shall find whether there are reasonable grounds to
believe that the applicant is[:
[(1)]iithe victim of a sexual assault[;] and:
(1)iiis younger than 18 years of age; or
(2)iiregardless of age, is the subject of a threat that reasonably places the applicant in fear of further harm from the alleged offender.
(b)iiIf the court finds reasonable grounds to believe that the applicant is the victim of a sexual assault and is younger than 18 years of age, or regardless of age, the subject of a threat that reasonably places the applicant in fear of further harm from the alleged offender, the court shall issue a protective order that includes a statement of the required findings.
SECTIONi3.iiChapter 7A, Code of Criminal Procedure, is amended by adding Article 7A.07 to read as follows:
Art.i7A.07.iiDURATION OF PROTECTIVE ORDER. (a) A protective order issued under Article 7A.03 may be effective for the duration of the lives of the offender and victim as provided by Subsection (b), or for any shorter period stated in the order. If a period is not stated in the order, the order is effective until the second anniversary of the date the order was issued.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6241
(b)iiA protective order issued under Article 7A.03 may be effective for the duration of the lives of the offender and victim only if the court finds reasonable cause to believe that the victim is the subject of a threat that reasonably places the victim in fear of further harm from the alleged offender.
(c)iiA victim who is 17 years of age or older or a parent or guardian acting on behalf of a victim who is younger than 17 years of age may file at any time an application with the court to rescind the protective order.
(d)iiIf a person who is the subject of a protective order issued under Article 7A.03 is confined or imprisoned on the date the protective order is due to expire under Subsection (a), the period for which the order is effective is extended, and the order expires on the first anniversary of the date the person is released from confinement or imprisonment.
(e)iiTo the extent of any conflict with Section 85.025, Family Code, this article prevails.
SECTIONi4.iiThe change in law made by this Act applies to a protective order issued on or after the effective date of this Act on the basis of an offense committed before, on, or after the effective date of this Act. A protective order issued before the effective date of this Act is governed by the law in effect on the date the protective order was issued, and the former law is continued in effect for that purpose.
SECTIONi5.iiThis Act takes effect September 1, 2007.
HB 2978 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Alonzo called up with senate amendments for consideration at this time,
HB 2978, A bill to be entitled An Act relating to engineering recruitment programs established by the Texas Higher Education Coordinating Board.
Representative Alonzo moved to concur in the senate amendments to HBi2978.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1840): 139 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McReynolds; Menendez; Miles; Miller; Morrison; Mowery;
6242 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Creighton; Gonzales; McClendon; Merritt; Moreno.
STATEMENTS OF VOTE
When Record No. 1840 was taken, I was in the house but away from my desk. I would have voted yes.
Creighton
When Record No. 1840 was taken, I was in the house but away from my desk. I would have voted yes.
Gonzales
Senate Amendment No. 1 (Senate Committee Amendment No. 1)
Amend HB 2978 (house engrossed version), in SECTION 1 of the bill, by striking added Subdivisions (2) and (3), Subsection (b), Section 61.792, Education Code (page 2, lines 8 through 18), and substituting the following:
(2)iihave graduated from high school with a grade point average of at least 3.5 on a four-point scale or the equivalent in mathematics and science courses offered under the recommended or advanced high school program under Section 28.025(a); and
(3)iimaintain an overall grade point average of at least 3.0 on a four-point scale at the general academic teaching institution in which the student is enrolled.
HB 3309 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Cohen called up with senate amendments for consideration at this time,
HB 3309, A bill to be entitled An Act relating to the ability of advocacy and support groups for victims of sexual assault to provide services for children confined in Texas Youth Commission facilities.
Representative Cohen moved to concur in the senate amendments to HBi3309.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1841): 142 Yeas, 0 Nays, 2 Present, not voting.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6243
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Creighton; Moreno.
STATEMENT OF VOTE
When Record No. 1841 was taken, I was in the house but away from my desk. I would have voted yes.
Creighton
Senate Committee Substitute
CSHB 3309, A bill to be entitled An Act relating to the ability of certain advocacy and support groups to provide services for children confined in Texas Youth Commission facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter C, Chapter 61, Human Resources Code, is amended by adding Section 61.0386 to read as follows:
Sec.i61.0386.iiADVOCACY AND SUPPORT GROUPS. (a) The commission shall allow advocacy and support groups whose primary functions are to benefit children, inmates, girls and women, the mentally ill, and victims of sexual assault to provide on-site information, support, and other services for children confined in commission facilities.
(b)iiThe commission shall adopt security and privacy procedures for advocacy and support groups that provide on-site information, support, and other services under this section. The security and privacy procedures may not be designed to deny an advocacy or support group access to children confined in commission facilities.
6244 80th LEGISLATURE — REGULAR SESSION
(c)iiThe commission shall adopt standards consistent with standards adopted by the Texas Department of Criminal Justice regarding the confidential correspondence of children confined in commission facilities with external entities, including advocacy and support groups.
SECTIONi2.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, 2007.
HB 3618 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Pickett called up with senate amendments for consideration at this time,
HB 3618, A bill to be entitled An Act relating to certain health programs and grants and other related funds for school districts located in the border region.
Representative Pickett moved to concur in the senate amendments to HBi3618.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1842): 138 Yeas, 3 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Castro; Chavez; Chisum; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harless; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Vo; West; Woolley; Zedler; Zerwas.
Nays — Christian; Harper-Brown; Phillips.
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Isett.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Callegari; Moreno; Villarreal.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6245
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 3618 (senate committee printing) by striking all below the enacting clause and substituting the following:
SECTION 1. Chapter 168, Health and Safety Code, is amended by adding Sections 168.010 and 168.011 to read as follows:
Sec. 168.010. DIABETES INTERVENTION PILOT PROGRAM FOR SCHOOL DISTRICTS LOCATED ON THE TEXAS-MEXICO BORDER. (a) This section applies only to a school district located in a county that:
(1) has a population of less than 600,000; and
(2) is located on the international border.
(b) The department, in consultation with the Texas Education Agency, shall adopt criteria for the development of a pilot program that is designed to prevent and detect Type 2 diabetes for a school district described by Subsection (a) that has a student population identified by the commissioner as at risk for Type 2 diabetes and that takes into account the needs of the school district. A pilot program developed under this subsection must provide that:
(1) for each student in kindergarten through grade eight, each school in the school district must:
(A) measure the height, weight, and blood glucose levels of the student at the beginning of the school year and at another appropriate time during the implementation of the program; and
(B) track the measurements of the student and the progress of the student under the program through a data entry system provided over the Internet; and
(2) the pilot program components consist of bilingual materials.
(c) A school district to which Subsection (a) applies may choose to participate in a pilot program under this section. In the first year a school district implements a program under this section, the district shall report the measurements of student height, weight, and blood glucose levels and the progress of a student under the program to the entity that administers the program. The administering entity, in cooperation with the department, shall evaluate and analyze the measurements to determine the effectiveness of the program in the first year.
(d) The department shall, from money appropriated for that purpose, distribute money to each school district that chooses to implement a pilot program under this section to cover the costs associated with the program.
Sec. 168.011. GRANT-WRITING COORDINATION PROGRAM. (a) The department shall employ one person as a grant writer to assist and coordinate with school districts located in the Texas-Mexico border region in obtaining grants and other funds for school-based health centers.
(b) A grant writer employed under this section may secure a grant or other funds on behalf of the state for a school-based health center.
(c) Funds obtained by the use of a grant writer employed under this section may be used only to:
(1) acquire, construct, or improve facilities for a school-based health center;
6246 80th LEGISLATURE — REGULAR SESSION
(2) purchase or lease equipment or materials for a school-based health center; or
(3) pay the salary or employment benefits of a person who is employed to work exclusively in a school-based health center.
SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.
HB 1137 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Hochberg called up with senate amendments for consideration at this time,
HB 1137, A bill to be entitled An Act relating to eligibility and attendance requirements in public schools.
Representative Hochberg moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 1137.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 1137: Hochberg, chair; Eissler, Patrick, Dutton, and Branch.
HB 539 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative W. Smith called up with senate amendments for consideration at this time,
HB 539, A bill to be entitled An Act relating to the regulation of fireworks and fireworks displays.
Representative W. Smith moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 539.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 539: W. Smith, chair; Heflin, Coleman, C. Howard, and West.
HB 13 - MOTION TO CONCUR IN SENATE AMENDMENTS
Representative Swinford called up with senate amendments for consideration at this time,
HB 13, A bill to be entitled An Act relating to homeland security issues, including border security issues and law enforcement.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6247
Representative Swinford moved to concur in the senate amendments to HBi13.
HB 13 - POINT OF ORDER
Representative Burnam raised a point of order against further consideration of HB 13 under Rule 11, Section 2 of the House Rules on the grounds that the senate amendments are not germane to the bill.
The chair sustained the point of order.
HB 3694 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Dutton called up with senate amendments for consideration at this time,
HB 3694, A bill to be entitled An Act relating to the enterprise zone program.
Representative Dutton moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3694.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 3694: Deshotel, chair; Dutton, Kolkhorst, Straus, and Ortiz.
MESSAGE FROM THE SENATE
A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 3).
HB 442 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Phillips called up with senate amendments for consideration at this time,
HB 442, A bill to be entitled An Act relating to taking or attempting to take a stun gun from a peace officer or certain other officers.
Representative Phillips moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 442.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 442: Phillips, chair; Martinez Fischer, Driver, Talton, and Frost.
(Isett now present)
HB 3581 - MOTION TO CONCUR IN SENATE AMENDMENTS
Representative C. Howard called up with senate amendments for consideration at this time,
6248 80th LEGISLATURE — REGULAR SESSION
HB 3581, A bill to be entitled An Act relating to county authority to abate nuisances.
Representative C. Howard moved to concur in the senate amendments to HBi3581.
(Gattis now present)
A record vote was requested.
The motion to concur in senate amendments was lost by (Record 1843): 51 Yeas, 84 Nays, 3 Present, not voting.
Yeas — Anderson; Bailey; Berman; Brown, B.; Brown, F.; Burnam; Callegari; Chavez; Cook, R.; Corte; Darby; Davis, J.; Eissler; Elkins; Flynn; Garcia; Geren; Goolsby; Guillen; Hamilton; Harless; Hilderbran; Hopson; Howard, C.; Howard, D.; Isett; Jackson; Krusee; Kuempel; Latham; Macias; Menendez; Merritt; Morrison; Mowery; Naishtat; Noriega; Patrick; Pitts; Puente; Quintanilla; Raymond; Riddle; Rodriguez; Smith, W.; Strama; Straus; Villarreal; Vo; West; Zedler.
Nays — Allen; Alonzo; Anchia; Bohac; Bolton; Bonnen; Castro; Chisum; Christian; Cohen; Coleman; Cook, B.; Crabb; Creighton; Crownover; Davis, Y.; Delisi; Deshotel; Driver; Dunnam; Dutton; Eiland; England; Escobar; Farabee; Farias; Farrar; Flores; Frost; Gallego; Gattis; Gonzales; Gonzalez Toureilles; Haggerty; Hancock; Hardcastle; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hochberg; Hodge; Homer; Hughes; Keffer; King, P.; King, T.; Laubenberg; Leibowitz; Lucio; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Miles; Murphy; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Paxton; Pickett; Pierson; Ritter; Smith, T.; Smithee; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Woolley; Zerwas.
Present, not voting — Mr. Speaker; Aycock; Solomons(C).
Absent, Excused — Branch.
Absent, Excused, Committee Meeting — Kolkhorst.
Absent — Dukes; Giddings; Hill; Jones; King, S.; Miller; Moreno; Peña; Phillips; Rose.
STATEMENT OF VOTE
I was shown voting no on Record No. 1843. I intended to vote yes.
Talton
HB 3581 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
Representative C. Howard called up with senate amendments for consideration at this time,
HB 3581, A bill to be entitled An Act relating to county authority to abate nuisances.
Representative C. Howard moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3581.
The motion prevailed.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6249
HB 2207 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Gallego called up with senate amendments for consideration at this time,
HB 2207, A bill to be entitled An Act relating to the conveyance of certain residential real property encumbered by a lien.
Representative Gallego moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2207.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 2207: Gallego, chair; Solomons, Darby, Straus, and Martinez.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today because of family business:
Hamilton on motion of Geren.
HB 828 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Hochberg called up with senate amendments for consideration at this time,
HB 828, A bill to be entitled An Act relating to the amount of the guaranteed yield under the Foundation School Program.
Representative Hochberg moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 828.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 828: Hochberg, chair; Eissler, Patrick, Olivo, and Branch.
HB 3837 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Gonzalez Toureilles called up with senate amendments for consideration at this time,
HB 3837, A bill to be entitled An Act relating to regulation by the Railroad Commission of Texas of uranium exploration.
Representative Gonzalez Toureilles moved to concur in the senate amendments to HBi3837.
6250 80th LEGISLATURE — REGULAR SESSION
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1844): 134 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Smith, T.; Smith, W.; Smithee; Strama; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Hamilton.
Absent, Excused, Committee Meeting — Kolkhorst.
Absent — Brown, F.; Dukes; Giddings; Gonzales; Hill; Howard, C.; McClendon; Moreno; Rose; Straus; Veasey.
Senate Committee Substitute
CSHB 3837, A bill to be entitled An Act relating to regulation by the Railroad Commission of Texas of uranium exploration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSections 131.001, 131.002, and 131.003, Natural Resources Code, are amended to read as follows:
Sec.i131.001.iiSHORT TITLE. This chapter may be cited as the Texas Uranium Exploration, Surface Mining, and Reclamation Act.
Sec.i131.002.iiDECLARATION OF POLICY. The legislature finds and declares that:
(1)iithe extraction of minerals by surface mining operations is a basic and essential activity making an important contribution to the economic well-being of the state and nation;
(2)iiproper reclamation of land explored for minerals and surface-mined land is necessary to prevent undesirable land and water conditions that would be detrimental to the general welfare, health, safety, and property rights of the citizens of this state;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6251
(3)iisurface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications for reclamation operations must vary accordingly;
(4)iiit is not always possible to explore for or to extract minerals
required by our society without disturbing the [surface of the] earth and
producing waste materials, and the very character of certain types of surface
mining operations occasionally precludes complete restoration of the affected
land to its original condition;
(5)iiunregulated surface mining may destroy or diminish the utility of land for commercial, industrial, residential, recreational, agricultural, and forestry purposes by causing erosion and landslides, by contributing to floods, by polluting the water, by destroying fish and wildlife habitats, by impairing natural beauty, by damaging the property of citizens, by creating hazards dangerous to life and property, by degrading the quality of life in local communities, and by counteracting governmental programs and efforts to conserve soil, water, and other natural resources, which results are declared to be inimical to the public interest and destructive to the public health, safety, welfare, and economy of the State of Texas;
(6)iidue to its unique character or location, some land within the state may be unsuitable for all or certain types of surface mining operations;
(7)iireclamation of land explored for minerals and surface-mined land as provided by this chapter will allow the mining of valuable minerals in a manner designed for the protection and subsequent beneficial use of land; and
(8)iithe requirements of this chapter for reclamation and maintenance of affected land are necessary for the public health and safety and thus constitute a valid application of the police power of this state.
Sec.i131.003.iiPURPOSES. It is declared to be the purpose of this chapter:
(1)iito prevent the adverse effects to society and the environment resulting from unregulated surface mining operations as defined in this chapter;
(2)iito assure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances to the land are protected from unregulated surface mining operations;
(3)iito assure that surface mining operations are not conducted where reclamation as required by this chapter is not possible;
(4)iito assure that exploration and surface mining operations are conducted in a manner that will prevent unreasonable degradation of land and water resources; and
(5)iito assure that reclamation of all explored land and surface-mined
land is accomplished as contemporaneously as practicable with the exploration or
surface mining, recognizing that the exploration for and extraction of minerals by
responsible [mining] operations is an essential and beneficial economic activity.
SECTIONi2.iiSection 131.004(10), Natural Resources Code, is amended to read as follows:
6252 80th LEGISLATURE — REGULAR SESSION
(10)ii"Surface mining permit" or "permit" means the written certification by the commission that the named operator may conduct the surface mining operations described in the certification during the term of the surface mining permit and in the manner established in the certification. These terms do not include:
(A)iia discharge permit issued by the commission pursuant to Subchapter H of this chapter; or
(B)iian exploration permit issued by the commission pursuant to Subchapter I of this chapter.
SECTIONi3.iiSections 131.021, 131.022, 131.034, 131.048, and 131.301, Natural Resources Code, are amended to read as follows:
Sec.i131.021.iiGENERAL AUTHORITY OF COMMISSION. In seeking to accomplish the purposes of this chapter, the commission shall have the authority:
(1)iito adopt and amend rules pertaining to exploration, surface mining, and reclamation operations consistent with the general intent and purposes of this chapter;
(2)iito issue permits pursuant to the provisions of this chapter;
(3)iito conduct hearings pursuant to the provisions of this chapter;
(4)iito issue orders requiring an operator to take actions that are necessary to comply with this chapter and with rules adopted under this chapter;
(5)iito issue orders modifying previous orders;
(6)iito issue a final order revoking the permit of an operator who has failed to comply with an order of the commission to take action required by this chapter or rules adopted under this chapter;
(7)iito order the immediate cessation of an ongoing exploration or surface mining operation if the commission finds that the operation creates an imminent danger to the health or safety of the public, or is causing or can reasonably be expected to cause significant imminent environmental harm to land, air, or water resources, and to take other action or make changes in a permit that are reasonably necessary to avoid or alleviate these conditions;
(8)iito hire employees, adopt standards for employment of these persons, and hire and authorize the hiring of outside contractors to assist in carrying out the requirements of this chapter;
(9)iito enter on and inspect, in person or by its agents, an exploration or a surface mining operation that is subject to the provisions of this chapter to assure compliance with the terms of this chapter;
(10)iito conduct, encourage, request, and participate in studies, surveys, investigations, research, experiments, training, and demonstrations by contract, grant, or otherwise;
(11)iito prepare reports and to require persons who hold exploration or
surface mining permits [permittees] to prepare reports;
(12)iito collect and disseminate to the public information considered reasonable and necessary for the proper enforcement of this chapter;
(13)iito accept, receive, and administer grants, gifts, loans, or other funds made available from any source for the purposes of this chapter;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6253
(14)iito enter into contracts with state boards and agencies that have pertinent expertise to obtain professional and technical services necessary to carry out the provisions of this chapter; and
(15)iito perform other duties and acts required by and provided for in this chapter.
Sec.i131.022.iiJURISDICTION OF COMMISSION. (a) The commission is the mining and reclamation authority for the State of Texas and has exclusive jurisdiction for establishing reclamation requirements for mining and exploration operations in this state, except for in situ recovery processes.
(b)iiExcept as provided by Section 131.354, the commission has exclusive jurisdiction and is solely responsible for the regulation of all exploration activities.
Sec.i131.034.iiEXPLORATION ACTIVITIES. The commission shall
promulgate rules governing uranium exploration activity [in the manner provided
in Sections 131.026 through 131.031 of this code for the conduct of exploration
activities].
Sec.i131.048.iiCONFIDENTIALITY. Information submitted to the commission concerning mineral deposits, including test borings, core samplings, geophysical logs, or trade secrets or privileged commercial or financial information relating to the competitive rights of the applicant for an exploration permit or surface mining permit and specifically identified as confidential by the applicant, if not essential for public review as determined by the commission, shall not be disclosed by any member, agent, or employee of the commission.
Sec.i131.301.iiDISCHARGE RULES, ORDERS, AND PERMITS. To
prevent the pollution of surface and subsurface water in the state, the commission
has the exclusive authority to [shall] adopt rules and may issue orders and permits
relating to the discharge or runoff of waste or any other substance or material
from any permitted uranium exploration activity. Notwithstanding any provision
of any other section of this chapter, a rule adopted, order issued, or permit issued
[issuable] by the commission under this subchapter shall be [issued,]
administered[,] and enforced solely in the manner provided by [in] this
subchapter by the[, in such] rule, order, or permit, or by [in] Chapter 2001,
Government Code.
SECTIONi4.iiSection 131.261(a), Natural Resources Code, is amended to read as follows:
(a)iiOn the basis of any inspection, if the commission or its authorized representative or agent determines that a condition or practice exists or that a permittee is in violation of a requirement of this chapter or a permit condition required by this chapter, and that this condition, practice, or violation also creates an imminent danger to the health or safety of the public or is causing or can reasonably be expected to cause significant imminent harm to land, air, or water resources, a member of the commission shall immediately order a cessation of exploration or surface mining operations on the portion of the area relevant to the condition, practice, or violation.
SECTIONi5.iiSections 131.262(a) and (b), Natural Resources Code, are amended to read as follows:
6254 80th LEGISLATURE — REGULAR SESSION
(a)iiOn the basis of an inspection, if the commission or its authorized
representative or agent determines that a permittee is in violation of a requirement
of this chapter or a permit condition required by this chapter, but the violation
does not create an imminent danger to the health or safety of the public or is not
causing or reasonably expected to cause significant imminent harm to land, air, or
water resources, the commission shall issue a notice to the permittee or the
permittee's [his] agent setting a reasonable time not to exceed 30 days for the
abatement of the violation. The commission may authorize an extension of the
period of time for the abatement of the violation, for good cause as determined by
a written finding by the commission.
(b)iiIf, on expiration of the period of time as originally set or subsequently
extended, [for good cause shown, and on written finding of the commission,] the
commission finds that the violation has not been abated, it may order a cessation
of exploration or surface mining operations on the portion of this area relevant to
the violation. However, if requested by the operator, a hearing must be held prior
to a commission finding or order.
SECTIONi6.iiChapter 131, Natural Resources Code, is amended by adding Subchapter I to read as follows:
SUBCHAPTER I. PERMITS FOR EXPLORATION ACTIVITIES
Sec.i131.351.iiAPPLICABILITY OF SUBCHAPTER. (a) If this subchapter conflicts with other law, this subchapter controls.
(b)iiSections 131.037, 131.038, 131.039, 131.040, 131.041, 131.042, 131.043, 131.044, and 131.045 do not apply to exploration activity subject to an exploration permit issued under this subchapter.
Sec.i131.352.iiEXPLORATION PERMITS. (a) A person may not conduct exploration activity unless the person holds an exploration permit issued by the commission.
(b)iiAn exploration permit issued by the commission may contain provisions and conditions necessary to implement the policies of this subchapter. The commission shall adopt rules governing the amendment, revocation, transfer, or suspension of an exploration permit.
(c)iiA person may conduct exploration activities under an exploration permit issued by the commission until the term expires or may apply for a new exploration permit issued under this subchapter if:
(1)iithe person has been exploring under an exploration permit issued before June 1, 2007; or
(2)iithe person has a pending application on file before June 1, 2007, and is issued the exploration permit after that date.
(d)iiOn expiration of an exploration permit held by a person described by Subsection (c)(1) or (2), the person may apply for an exploration permit renewal under this subchapter.
Sec.i131.353.iiSCOPE OF EXPLORATION PERMIT. (a) An exploration permit may govern all activities associated with determining the location, quantity, or quality of uranium deposits.
(b)iiAn exploration permit must contain provisions to govern:
(1)iilocating, drilling, plugging, and abandoning exploration holes;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6255
(2)iicasing exploration holes for use in the exploration process;
(3)iiusing cased exploration wells for rig supply purposes; and
(4)iiplugging and abandoning cased exploration wells.
(c)iiExcept as provided by Section 131.354, a cased exploration well subject to an exploration permit issued under this subchapter is exempt from regulation by another agency, governmental entity, or political subdivision if the well is:
(1)iiused for exploration; or
(2)iiused for rig supply purposes.
Sec.i131.354.iiCOMMISSION JURISDICTION. (a) The commission has jurisdiction over uranium exploration holes and cased exploration wells completed under an exploration permit issued under this subchapter until:
(1)iiexploration holes and cased exploration wells are properly plugged and abandoned; or
(2)iicased exploration wells are:
(A)iiregistered with the Texas Commission on Environmental Quality; or
(B)iiincluded in an area permit issued by the Texas Commission on Environmental Quality under Chapter 27, Water Code.
(b)iiA well described by Section 131.353(c) is subject to a groundwater conservation district's rules regarding registration of wells if:
(1)iithe well is located in the groundwater conservation district and the well is used for monitoring purposes; and
(2)iithe cumulative amount of water produced from the wells located inside the area subject to the exploration permit and completed under the exploration permit issued under this subchapter exceeds 40 acre feet in one year.
(c)iiA well described by Section 131.353(c) is subject to a groundwater conservation district's rules for registration, production, and reporting if:
(1)iithe well is located in the groundwater conservation district and the well is used for rig supply purposes; and
(2)iithe cumulative amount of water produced from the wells located inside the area subject to the exploration permit and completed under the exploration permit issued under this subchapter exceeds 40 acre feet in one year.
(d)iiEach month, the holder of an exploration permit governing a well described by Section 131.353(c) and located in a groundwater conservation district shall report to the district the total amount of water produced from each well described by Section 131.353(c) and located inside the area subject to the exploration permit.
(e)iiEach groundwater conservation district shall use the number of acres described in the exploration permit in determining any district production requirements.
Sec.i131.355.iiAPPLICATION FEES. (a) The commission may impose an application fee to recover the costs of administering this subchapter.
(b)iiSection 131.231 does not apply to a fee imposed under this subchapter.
Sec.i131.356.iiNOTIFICATION BY COMMISSION. (a) At the time the commission receives an application for an exploration permit, the commission shall provide written notice of the exploration permit application to:
6256 80th LEGISLATURE — REGULAR SESSION
(1)iieach groundwater conservation district in the area in which the permitted exploration will occur;
(2)iithe mayor and health authority of each municipality in the area in which the permitted exploration will occur;
(3)iithe county judge and health authority of each county in the area in which the permitted exploration will occur; and
(4)iieach member of the legislature who represents the area in which the proposed exploration will occur.
(b)iiAt the time the commission issues an exploration permit under this subchapter, the commission shall provide written notice of the exploration permit to:
(1)iieach groundwater conservation district in the area in which the permitted exploration will occur;
(2)iithe mayor and health authority of each municipality in the area in which the permitted exploration will occur;
(3)iithe county judge and health authority of each county in the area in which the permitted exploration will occur; and
(4)iieach member of the legislature who represents the area in which the proposed exploration will occur.
Sec.i131.357.iiGEOLOGIC, HYDROLOGIC, WATER QUALITY, AND WELL INFORMATION. (a) A person issued an exploration permit under this subchapter that authorizes exploration in a groundwater conservation district shall provide to the district:
(1)iipre-exploration water quality information from:
(A)iieach existing well located in the district that is tested by the person before exploration; and
(B)iithe following wells, as applicable:
(i)iieach existing well located inside the area subject to the exploration permit, if there are fewer than 10 existing wells located inside that area; or
(ii)ii10 existing wells that are distributed as evenly as possible throughout the area subject to the exploration permit, if there are at least 10 existing wells located inside that area;
(2)iipre-mining water quality information from:
(A)iieach existing well in the jurisdiction of the groundwater conservation district that the person tests during exploration; and
(B)iicased exploration wells completed under the exploration permit issued under this subchapter; and
(3)iiwell logs that do not contain confidential information as described by Section 131.048.
(b)iiA person may take not more than 90 days after the person receives the final information to perform standard quality control and quality assurance procedures before submitting the information as required by Subsection (a).
(c)iiIf the commission issues to a person an exploration permit under this subchapter that governs wells described by Section 131.353(c) that are located inside a groundwater conservation district, the person shall provide to the district:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6257
(1)iithe person's name, address, and telephone number; and
(2)iithe following information with regard to the wells described by Section 131.353(c):
(A)iiwell completion information for each well in the district;
(B)iithe location of each well in the district, including a legal description and the acreage of the property where the well is located;
(C)iiverification that each well will be used for an industrial purpose; and
(D)iithe type and capacity of the pump used in each well.
SECTIONi7.iiThis Act takes effect September 1, 2007.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of personal business:
Deshotel on motion of Ritter.
HB 1113 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Turner called up with senate amendments for consideration at this time,
HB 1113, A bill to be entitled An Act relating to prohibitions on and reporting research on children within the juvenile probation system.
Representative Turner moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 1113.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 1113: Turner, chair; Dutton, Madden, Bolton, and Bailey.
HB 3314 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE INSTRUCTED
CONFERENCE COMMITTEE APPOINTED
Representative Keffer called up with senate amendments for consideration at this time,
HB 3314, A bill to be entitled An Act relating to administration, collection, and enforcement of state taxes; providing penalties.
Representative Keffer moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3314.
The motion prevailed.
6258 80th LEGISLATURE — REGULAR SESSION
Representative Martinez Fischer moved to instruct the conference committee on HB 3314 to remove the language of the Williams amendments from the conference committee report on HB 3314.
The motion to instruct conferees prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 3314: Keffer, chair; Crownover, Peña, Ritter, and Bonnen.
HB 3475 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Gallego called up with senate amendments for consideration at this time,
HB 3475, A bill to be entitled An Act relating to the authority of certain counties to acquire, construct, or operate a water supply system or sewage system and own or operate a utility.
Representative Gallego moved to concur in the senate amendments to HBi3475.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1845): 139 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Kolkhorst.
Absent — Hill; Latham; Moreno; Paxton; Smithee.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6259
Senate Amendment No. 1 (Senate Committee Amendment No. 1)
Amend HB 3475 (House Engrossment ) as follows:
(1) In SECTION 1 of the bill, on page 1, line 12, strike "is" and substitute with "and a national recreation are".
(2) In SECTION 1 of the bill, in proposed Section 412.017, Local Government Code, strike Subsection (b) (page 1, lines 13-19), and substitute the following:
(b) The commissioners court of a county to which this section applies may acquire, construct, or operate a water supply system of a sewage system to serve unincorporated areas of the county.
(3) In SECTION 1 of the bill, in proposed Section 412.017, Local Government Code (page 2, between lines 9 and 10), insert the following:
(g) This section does not authorize a county to sell water for a purpose other than for local use.
HB 3613 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Latham called up with senate amendments for consideration at this time,
HB 3613, A bill to be entitled An Act relating to identification cards issued to peace officers, reserve law enforcement officers, and honorably retired peace officers by a law enforcement agency or other governmental entity.
Representative Latham moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3613.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 3613: Latham, chair; Driver, O'Day, Ortiz, and Vo.
HB 3609 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Talton called up with senate amendments for consideration at this time,
HB 3609, A bill to be entitled An Act relating to membership and service credit in the Employees Retirement System of Texas for certain retired employees.
Representative Talton moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3609.
The motion prevailed.
6260 80th LEGISLATURE — REGULAR SESSION
The chair announced the appointment of the following conference committee, on the part of the house, on HB 3609: Talton, chair; Geren, Pitts, J.iDavis, and Hodge.
HB 914 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Madden called up with senate amendments for consideration at this time,
HB 914, A bill to be entitled An Act relating to the establishment of an office of inspector general at the Texas Youth Commission.
Representative Madden moved to concur in the senate amendments to HBi914.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1846): 138 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Kolkhorst.
Absent — Dutton; Farrar; Gattis; Hill; Moreno; Van Arsdale.
Senate Committee Substitute
CSHB 914, A bill to be entitled An Act relating to the establishment of an office of inspector general and the authority of the state auditor to conduct audits at the Texas Youth Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiArticle 2.12, Code of Criminal Procedure, is amended to read as follows:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6261
Art.i2.12.iiWHO ARE PEACE OFFICERS. The following are peace officers:
(1)iisheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
(2)iiconstables, deputy constables, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
(3)iimarshals or police officers of an incorporated city, town, or village, and those reserve municipal police officers who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
(4)iirangers and officers commissioned by the Public Safety Commission and the Director of the Department of Public Safety;
(5)iiinvestigators of the district attorneys', criminal district attorneys', and county attorneys' offices;
(6)iilaw enforcement agents of the Texas Alcoholic Beverage Commission;
(7)iieach member of an arson investigating unit commissioned by a city, a county, or the state;
(8)iiofficers commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code;
(9)iiofficers commissioned by the General Services Commission;
(10)iilaw enforcement officers commissioned by the Parks and Wildlife Commission;
(11)iiairport police officers commissioned by a city with a population of more than 1.18 million that operates an airport that serves commercial air carriers;
(12)iiairport security personnel commissioned as peace officers by the governing body of any political subdivision of this state, other than a city described by Subdivision (11), that operates an airport that serves commercial air carriers;
(13)iimunicipal park and recreational patrolmen and security officers;
(14)iisecurity officers and investigators commissioned as peace officers by the comptroller;
(15)iiofficers commissioned by a water control and improvement district under Section 49.216, Water Code;
(16)iiofficers commissioned by a board of trustees under Chapter 54, Transportation Code;
(17)iiinvestigators commissioned by the Texas Medical [State] Board
[of Medical Examiners];
(18)iiofficers commissioned by the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, or the Bexar County Hospital District under Section 281.057, Health and Safety Code;
(19)iicounty park rangers commissioned under Subchapter E, Chapter 351, Local Government Code;
(20)iiinvestigators employed by the Texas Racing Commission;
(21)iiofficers commissioned under Chapter 554, Occupations Code;
6262 80th LEGISLATURE — REGULAR SESSION
(22)iiofficers commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, Transportation Code, or by a regional transportation authority under Section 452.110, Transportation Code;
(23)iiinvestigators commissioned by the attorney general under Section 402.009, Government Code;
(24)iisecurity officers and investigators commissioned as peace officers under Chapter 466, Government Code;
(25)iian officer employed by the [Texas] Department of State Health
Services under Section 431.2471, Health and Safety Code;
(26)iiofficers appointed by an appellate court under Subchapter F, Chapter 53, Government Code;
(27)iiofficers commissioned by the state fire marshal under Chapter 417, Government Code;
(28)iian investigator commissioned by the commissioner of insurance
under Section 701.104 [Article 1.10D], Insurance Code;
(29)iiapprehension specialists and inspectors general commissioned by
the Texas Youth Commission as officers under Sections 61.0451 and [Section]
61.0931, Human Resources Code;
(30)iiofficers appointed by the executive director of the Texas Department of Criminal Justice under Section 493.019, Government Code;
(31)iiinvestigators commissioned by the Commission on Law Enforcement Officer Standards and Education under Section 1701.160, Occupations Code;
(32)iicommission investigators commissioned by the Texas
[Commission on] Private Security Board under Section 1702.061(f), Occupations
Code;
(33)iithe fire marshal and any officers, inspectors, or investigators commissioned by an emergency services district under Chapter 775, Health and Safety Code; and
(34)iiofficers commissioned by the State Board of Dental Examiners under Section 254.013, Occupations Code, subject to the limitations imposed by that section.
SECTIONi2.iiSection 61.0191, Human Resources Code, is amended to read as follows:
Sec.i61.0191.iiAUDIT; AUTHORITY OF STATE AUDITOR. (a)iiThe financial transactions of the commission are subject to audit by the state auditor in accordance with Chapter 321, Government Code.
(b)iiThe state auditor, on request of the office of inspector general, may provide information or other assistance to the office of inspector general that the state auditor determines is appropriate. The office of inspector general may coordinate with the state auditor to review or schedule a plan for an investigation under Section 61.0451 or share other information.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6263
(c)iiThe state auditor may access all information maintained by the office of inspector general, such as vouchers, electronic data, and internal records, including information that is otherwise confidential under state law. Information obtained by the state auditor under this subsection is confidential and is not subject to disclosure under Chapter 552, Government Code.
(d)iiAny provision of this chapter relating to the operations of the office of inspector general does not:
(1)iisupersede the authority of the state auditor to conduct an audit under Chapter 321, Government Code; or
(2)iiprohibit the state auditor from:
(A)iiconducting an audit, investigation, or other review; or
(B)iihaving full and complete access to all records and other information concerning the commission, including any witness statement or electronic data, that the state auditor considers necessary for the audit, investigation, or review.
SECTIONi3.iiSubchapter C, Chapter 61, Human Resources Code, is amended by adding Section 61.0451 to read as follows:
Sec.i61.0451.iiOFFICE OF INSPECTOR GENERAL. (a)iiThe office of inspector general is established at the commission for the purpose of investigating:
(1)iifraud committed by commission employees, including parole officers employed by or under a contract with the commission; and
(2)iicrimes committed at a facility operated by the commission or at a residential facility operated by another entity under a contract with the commission.
(b)iiThe office of inspector general shall prepare and deliver a report concerning the results of any investigation conducted under this section to:
(1)iithe board;
(2)iithe governor;
(3)iithe lieutenant governor;
(4)iithe speaker of the house of representatives;
(5)iithe standing committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities;
(6)iithe special prosecution unit;
(7)iithe state auditor; and
(8)iiany other appropriate state agency responsible for licensing or certifying commission employees or facilities.
(c)iiThe report prepared under Subsection (b) must include a summary of the actions performed by the office of inspector general in conducting the investigation, a statement of whether the investigation resulted in a finding that fraud or a criminal offense occurred, and a description of the finding. The report is public information under Chapter 552, Government Code, only to the extent authorized under that chapter and other law.
6264 80th LEGISLATURE — REGULAR SESSION
(d)iiThe office of inspector general may employ and commission inspectors general as peace officers for the purpose of carrying out the duties described by this section. An inspector general shall have all of the powers and duties given to peace officers under Article 2.13, Code of Criminal Procedure.
(e)iiPeace officers employed and commissioned under Subsection (d) must:
(1)iibe certified by the Commission on Law Enforcement Officer Standards and Education under Chapter 1701, Occupations Code; and
(2)iicomplete advanced courses relating to the duties of peace officers employed and commissioned under Subsection (d) as part of any continuing education requirements for the peace officers.
(f)iiThe board shall select a commissioned peace officer as chief inspector general. The chief inspector general is subject to the requirements of this section and may only be discharged for cause.
(g)iiThe chief inspector general shall on a quarterly basis prepare and deliver a report concerning the operations of the office of inspector general to:
(1)iithe board;
(2)iithe governor;
(3)iithe lieutenant governor;
(4)iithe speaker of the house of representatives;
(5)iithe standing committees of the senate and house of representatives with primary jurisdiction over correctional facilities;
(6)iithe state auditor; and
(7)iithe comptroller.
(h)iiA report prepared under Subsection (g) is public information under Chapter 552, Government Code, to the extent authorized under that chapter and other law, and the commission shall publish the report on the commission's Internet website. A report must be both aggregated and disaggregated by individual facility and include information relating to:
(1)iithe types of investigations conducted by the office of inspector general, such as whether an investigation concerned narcotics or an alleged incident of sexual abuse;
(2)iithe relationship of a victim to a perpetrator, if applicable; and
(3)iithe number of investigations conducted concerning suicides, deaths, and hospitalizations of children in the custody of the commission.
(i)iiThe office of inspector general shall immediately report to the board, the governor's general counsel, and the state auditor any particularly serious or flagrant problem concerning the administration of a commission program or operation or any interference by the board or an employee of the commission with an investigation conducted by the office.
(j)iiThe office of inspector general or the chief inspector general, as applicable, shall provide the joint select committee on the operation and management of the Texas Youth Commission with the reports required under Subsections (b) and (g) in addition to the other persons who receive the reports under those subsections. This subsection expires February 1, 2009.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6265
SECTIONi4.iiAs soon as practicable after the effective date of this Act, the Texas Youth Commission shall establish the office of inspector general as required by Section 61.0451, Human Resources Code, as added by this Act.
SECTIONi5.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, 2007.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 914 (senate committee printing) as follows:
(1)iiStrike SECTION 2 of the bill, amending Section 61.0191, Human Resources Code (page 2, lines 42 through 69).
(2)iiStrike SECTION 3 of the bill, adding Section 61.0451, Human Resources Code (page 3, line 1, through page 4, line 19), and substitute the following appropriately numbered SECTION:
SECTIONi____.iiSubchapter C, Chapter 61, Human Resources Code, is amended by adding Section 61.0451 to read as follows:
Sec.i61.0451.iiOFFICE OF INSPECTOR GENERAL. (a) The office of inspector general is established at the commission for the purpose of investigating:
(1)iicrimes committed by commission employees, including parole officers employed by or under a contract with the commission; and
(2)iicrimes and delinquent conduct committed at a facility operated by the commission or at a residential facility operated by another entity under a contract with the commission.
(b)iiThe office of inspector general shall prepare and deliver a report concerning the results of any investigation conducted under this section to:
(1)iithe executive commissioner;
(2)iithe advisory board;
(3)iithe governor;
(4)iithe lieutenant governor;
(5)iithe speaker of the house of representatives;
(6)iithe standing committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities;
(7)iithe special prosecution unit;
(8)iithe state auditor; and
(9)iiany other appropriate state agency responsible for licensing or certifying commission employees or facilities.
(c)iiThe report prepared under Subsection (b) must include a summary of the actions performed by the office of inspector general in conducting the investigation, a statement of whether the investigation resulted in a finding that a criminal offense or delinquent conduct occurred, and a description of the finding. The report is public information under Chapter 552, Government Code, only to the extent authorized under that chapter and other law.
6266 80th LEGISLATURE — REGULAR SESSION
(d)iiThe office of inspector general may employ and commission inspectors general as peace officers for the purpose of carrying out the duties described by this section. An inspector general shall have all of the powers and duties given to peace officers under Article 2.13, Code of Criminal Procedure.
(e)iiPeace officers employed and commissioned under Subsection (d) must:
(1)iibe certified by the Commission on Law Enforcement Officer Standards and Education under Chapter 1701, Occupations Code; and
(2)iicomplete advanced courses relating to the duties of peace officers employed and commissioned under Subsection (d) as part of any continuing education requirements for the peace officers.
(f)iiThe executive commissioner shall select a commissioned peace officer as chief inspector general. The chief inspector general is subject to the requirements of this section and may only be discharged for cause.
(g)iiThe chief inspector general shall on a quarterly basis prepare and deliver a report concerning the operations of the office of inspector general to:
(1)iithe executive commissioner;
(2)iithe advisory board;
(3)iithe governor;
(4)iithe lieutenant governor;
(5)iithe speaker of the house of representatives;
(6)iithe standing committees of the senate and house of representatives with primary jurisdiction over correctional facilities;
(7)iithe state auditor; and
(8)iithe comptroller.
(h)iiA report prepared under Subsection (g) is public information under Chapter 552, Government Code, to the extent authorized under that chapter and other law, and the commission shall publish the report on the commission's Internet website. A report must be both aggregated and disaggregated by individual facility and include information relating to:
(1)iithe types of investigations conducted by the office of inspector general, such as whether an investigation concerned narcotics or an alleged incident of sexual abuse;
(2)iithe relationship of a victim to a perpetrator, if applicable; and
(3)iithe number of investigations conducted concerning suicides, deaths, and hospitalizations of children in the custody of the commission.
(i)iiThe office of inspector general shall immediately report to the executive commissioner, the advisory board, the governor's general counsel, and the state auditor any particularly serious or flagrant problem concerning the administration of a commission program or operation or any interference by the executive commissioner or an employee of the commission with an investigation conducted by the office.
(3)iiImmediately following SECTION 3 of the bill (page 4, between lines 19 and 20), insert the following appropriately numbered SECTION:
SECTIONi____.iiTo the extent that any conflict exists between Sections 61.0451(a)(2) and (c), Human Resources Code, as added by this Act, and any similar provision in SB 103, Acts of the 80th Legislature, Regular Session, 2007,
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6267
(4)iiRenumber the SECTIONS of the bill appropriately.
HB 2833 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Driver called up with senate amendments for consideration at this time,
HB 2833, A bill to be entitled An Act relating to the licensing and regulation of certain private security services.
Representative Driver moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2833.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 2833: Driver, chair; Bonnen, Taylor, West, and Latham.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today to attend a meeting of the conference committee on HB 1:
Gattis on motion of Farabee.
HB 3674 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Keffer called up with senate amendments for consideration at this time,
HB 3674, A bill to be entitled An Act relating to the operation of property owners' associations.
Representative Keffer moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3674.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 3674: J. Davis, chair; Noriega, Taylor, Gonzales, and Hopson.
6268 80th LEGISLATURE — REGULAR SESSION
HB 3319 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE INSTRUCTED
CONFERENCE COMMITTEE APPOINTED
Representative Keffer called up with senate amendments for consideration at this time,
HB 3319, A bill to be entitled An Act relating to the sales and use tax.
Representative Keffer moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3319.
The motion prevailed.
Representative Dunnam moved to instruct the conference committee on HBi3319 to remove the language of the Eltife amendment from the conference committee report on HB 3319.
The motion to instruct conferees prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 3319: Keffer, chair; Y. Davis, Bonnen, Hill, and Ritter.
HB 2383 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Lucio called up with senate amendments for consideration at this time,
HB 2383, A bill to be entitled An Act relating to the provision of certain subsidies and scholarships to particular public school students or graduates.
Representative Lucio moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2383.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 2383: Lucio, chair; Strama, Creighton, Anchia, and Hancock.
HB 2006 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Woolley called up with senate amendments for consideration at this time,
HB 2006, A bill to be entitled An Act relating to the use of eminent domain authority.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6269
Representative Woolley moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2006.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 2006: Woolley, chair; Corte, R. Cook, Callegari, and Peña.
HB 2237 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Eissler called up with senate amendments for consideration at this time,
HB 2237, A bill to be entitled An Act relating to high school success and college and workforce readiness programs in public schools.
Representative Eissler moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2237.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 2237: Eissler, chair; Miles, Hochberg, Patrick, and Krusee.
HB 3 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Puente called up with senate amendments for consideration at this time,
HB 3, A bill to be entitled An Act relating to the management of the water resources of the state, including the protection of instream flows and freshwater inflows.
Representative Puente moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 3: Puente, chair; Morrison, Hilderbran, Straus, and Guillen.
HB 581 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Harper-Brown called up with senate amendments for consideration at this time,
6270 80th LEGISLATURE — REGULAR SESSION
HB 581, A bill to be entitled An Act relating to exempting from certain employment restrictions the employment of certain children engaged in the direct sale of newspapers to the general public.
Representative Harper-Brown moved to concur in the senate amendments to HBi581.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1847): 134 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Davis, J.; England; Hill; Jackson; Moreno; Noriega; Oliveira; Phillips; Ritter.
Senate Committee Substitute
CSHB 581, A bill to be entitled An Act relating to exempting from certain employment restrictions the employment of certain children engaged in the direct sale of newspapers to the general public.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 51.003(a), Labor Code, is amended to read as follows:
(a)iiThis chapter does not apply to employment of a child:
(1)iiemployed:
(A)iiin a nonhazardous occupation;
(B)iiunder the direct supervision of the child's parent or an adult having custody of the child; and
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6271
(C)iiin a business or enterprise owned or operated by the parent or custodian;
(2)ii11 years or older engaged in delivery of newspapers to the consumer;
(3)iiparticipating in a school-supervised and school-administered work-study program approved by the commission;
(4)iiemployed in agriculture during a period when the child is not legally required to be attending school;
(5)iiemployed through a rehabilitation program supervised by a county
judge; [or]
(6)iiengaged in nonhazardous casual employment that will not endanger the safety, health, or well-being of the child and to which the parent or adult having custody of the child has consented; or
(7)ii16 years or older engaged in the direct sale of newspapers to the general public.
SECTIONi2.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, 2007.
SB 1604 - REQUEST OF SENATE GRANTED
CONFERENCE COMMITTEE APPOINTED
On motion of Representative Bonnen, the house granted the request of the senate for the appointment of a conference committee on SB 1604.
The chair announced the appointment of the following conference committee, on the part of the house, on SB 1604: Bonnen, chair; Escobar, T.iKing, Kuempel, and Driver.
HB 2644 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Rose called up with senate amendments for consideration at this time,
HB 2644, A bill to be entitled An Act relating to the requirements for a massage therapist license.
Representative Rose moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2644.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 2644: Rose, chair; Delisi, Hartnett, Corte, and S. King.
6272 80th LEGISLATURE — REGULAR SESSION
HB 1801 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Zerwas called up with senate amendments for consideration at this time,
HB 1801, A bill to be entitled An Act relating to the date by which a prosecuting attorney may appeal certain orders, rulings, or sentences in a criminal case.
Representative Zerwas moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 1801.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 1801: Zerwas, chair; Escobar, Peña, Pierson, and Vaught.
HB 3438 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Gonzales called up with senate amendments for consideration at this time,
HB 3438, A bill to be entitled An Act relating to the powers and duties of the Rio Grande Regional Water Authority and the establishment of a member conference.
Representative Gonzales moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3438.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 3438: Flores, chair; Gonzales, Peña, Guillen, and Raymond.
HB 4 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Puente called up with senate amendments for consideration at this time,
HB 4, A bill to be entitled An Act relating to water conservation.
Representative Puente moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 4.
The motion prevailed.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6273
The chair announced the appointment of the following conference committee, on the part of the house, on HB 4: Puente, chair; Laubenberg, Guillen, Creighton, and McClendon.
HB 866 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Y. Davis called up with senate amendments for consideration at this time,
HB 866, A bill to be entitled An Act relating to local control of firefighter and police officer employment matters in certain municipalities.
Representative Y. Davis moved to concur in the senate amendments to HBi866.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1848): 140 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Gallego; Hochberg; Moreno.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 866 (senate committee printing) in SECTION 1 of the bill as follows:
(1)iiIn added Subdivision (2), Section 147.002, Local Government Code, strike added Paragraph (A) (page 1, lines 28 through 30), and substitute the following:
6274 80th LEGISLATURE — REGULAR SESSION
(A)iiin which firefighters of the municipality have participated and paid dues via automatic payroll deduction for at least one year; and
(2)iiIn added Subdivision (4), Section 147.002, Local Government Code, strike added Paragraph (A) (page 1, lines 42 through 44), and substitute the following:
(A)iiin which at least three percent of the police officers of the municipality have participated and paid dues via automatic payroll deduction for at least one year; and
(3)iiImmediately following added Section 147.003, Local Government Code (page 2, between lines 15 and 16), insert the following:
Sec.i147.0031.iiPETITION FOR RECOGNITION: ELECTION OR ACTION BY GOVERNING BODY. (a) Not later than the 30th day after the date the governing body of a municipality receives from the meet and confer team a petition signed by a majority of all police officers and a majority of all firefighters, excluding the head of the police department, the head of the fire department, and other excluded employees as described by Section 147.0035(b), that requests recognition of the meet and confer team as the sole and exclusive bargaining agent for all the police officers and firefighters employed by the municipality, excluding the head of the police department, the head of the fire department, and other excluded employees as described by Section 147.0035(b), the governing body shall:
(1)iigrant recognition of the meet and confer team as requested in the petition and determine by majority vote that the municipality may meet and confer under this chapter without conducting an election by the voters in the municipality under Section 147.0033;
(2)iidefer granting recognition of the meet and confer team and order an election by the voters in the municipality under Section 147.0033 regarding whether the municipality may meet and confer under this chapter; or
(3)iiorder a certification election under Section 147.0032 to determine whether the employee groups in the meet and confer team represent a majority of the covered police officers and a majority of the covered firefighters.
(b)iiIf the governing body of a municipality orders a certification election under Subsection (a)(3) and the employee groups that are part of the meet and confer team are certified to represent a majority of the covered police officers and a majority of the covered firefighters, the governing body shall, not later than the 30th day after the date that results of that election are certified:
(1)iigrant recognition of the meet and confer team as requested in the petition for recognition and determine by majority vote that the municipality may meet and confer under this chapter without conducting an election by the voters in the municipality under Section 147.0033; or
(2)iidefer granting recognition of the meet and confer team and order an election by the voters in the municipality under Section 147.0033 regarding whether a public employer may meet and confer under this chapter.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6275
Sec.i147.0032.iiCERTIFICATION ELECTION. (a) Except as provided by Subsection (b), a certification election ordered under Section 147.0031(a)(3) to determine whether the employee groups in the meet and confer team represent a majority of the covered police officers and a majority of the covered firefighters shall be conducted according to procedures agreeable to the parties.
(b)iiIf the parties are unable to agree on procedures for the certification election, either party may request the American Arbitration Association to conduct the election and to certify the results of the election.
(c)iiCertification of the results of an election under this section resolves the question concerning representation.
(d)iiEach employee group in the meet and confer team is liable for the expenses of the certification election for the employees the group represents.
Sec.i147.0033.iiELECTION TO AUTHORIZE OPERATING UNDER THIS CHAPTER. (a) The governing body of a municipality that receives a petition for recognition under Section 147.0031 may order an election to determine whether a public employer may meet and confer under this chapter.
(b)iiAn election ordered under this section must be held as part of the next regularly scheduled general election for municipal officials that is held after the date the governing body of the municipality orders the election and that allows sufficient time to prepare the ballot in compliance with other requirements of law.
(c)iiThe ballot for an election ordered under this section shall be printed to permit voting for or against the proposition: "Authorizing __________ (name of the municipality) to operate under the state law allowing a municipality to meet and confer and make agreements with the meet and confer team representing municipal police officers and firefighters as provided by state law, preserving the prohibition against strikes and organized work stoppages, and providing penalties for strikes and organized work stoppages."
(d)iiAn election called under this section must be held and the returns prepared and canvassed in conformity with the Election Code.
(e)iiIf an election authorized under this section is held, the municipality may operate under the other provisions of this chapter only if a majority of the votes cast at the election favor the proposition.
(f)iiIf an election authorized under this section is held, a meet and confer team may not submit a petition for recognition to the governing body of the municipality under Section 147.0031 before the second anniversary of the date of the election.
Sec.i147.0034.iiWITHDRAWAL OF RECOGNITION. (a) The police officers and firefighters may withdraw the recognition of the meet and confer team granted under this chapter by filing with the governing body of the municipality a petition signed by a majority of all covered police officers and a majority of all covered firefighters.
(b)iiThe governing body of the municipality may:
(1)iiwithdraw recognition as provided by the petition; or
(2)iiorder a certification election in accordance with Section 147.0032 regarding whether to do so.
6276 80th LEGISLATURE — REGULAR SESSION
Sec.i147.0035.iiRECOGNITION OF MEET AND CONFER TEAM. (a) A public employer in a municipality that chooses to meet and confer under this chapter shall recognize the meet and confer team that is recognized under Section 147.0031 or 147.0033as the sole and exclusive bargaining agent for the police officers and firefighters, excluding the head of the police department, head of the fire department, and the employees exempt under Subsection (b), in accordance with this chapter and the petition.
(b)iiFor the purposes of Subsection (a), exempt employees are employees appointed by the head of the police department or fire department in the classification immediately below that of department head or that are exempt by the mutual agreement of the meet and confer team and the municipality.
(c)iiThe municipality shall recognize the meet and confer team until recognition of the meet and confer team is withdrawn in accordance with Section 147.0034 by a majority of the police officers and a majority of the firefighters who are eligible to sign a petition for recognition.
(4)iiIn added Subsection (a), Section 147.004, Local Government Code (page 2 lines 20 and 21), between "meet and confer team" and "come to a mutual agreement", insert "recognized under Section 147.0031 or 147.0033 as the sole and exclusive bargaining agent for the covered police officers and firefighters".
(5)iiStrike added Subsection (b), Section 147.006, Local Government Code (page 2, lines 56 through 58).
(6)iiIn added Subsection (c), Section 147.006, Local Government Code (page 2, line 59), strike "(c)" and substitute "(b)".
(7)iiImmediately following added Section 147.008, Local Government Code (page 3, between lines 26 and 27), insert the following:
Sec.i147.009.iiACTION OR ELECTION TO REPEAL AUTHORIZATION TO OPERATE UNDER THIS CHAPTER. (a) The governing body of a municipality that granted recognition of a meet and confer team under Section 147.0031 without conducting an election under Section 147.0033 may withdraw recognition of the meet and confer team by providing to the meet and confer team not less than 90 days' written notice that:
(1)iithe governing body is withdrawing recognition of the meet and confer team; and
(2)iiany agreement between the governing body and the meet and confer team will not be renewed.
(b)iiThe governing body of a municipality that granted recognition of a meet and confer team after conducting an election under Section147.0033 may order an election to determine whether a public employer may continue to meet and confer under this chapter. The governing body may not order an election under this subsection until the second anniversary of the date of the election under Section 147.0033.
(c)iiAn election ordered under Subsection (b) must be held as part of the next regularly scheduled general election for municipal officers that occurs after the date the governing body of the municipality orders the election and that allows sufficient time to prepare the ballot in compliance with other requirements of law.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6277
(d)iiThe ballot for an election ordered under Subsection (b) shall be printed to allow voting for or against the proposition: "Authorizing __________ (name of the municipality) to continue to operate under the state law allowing a municipality to meet and confer and make agreements with the meet and confer team representing municipal police officers and firefighters as provided by state law, preserving the prohibition against strikes and organized work stoppages, and providing penalties for strikes and organized work stoppages."
(e)iiAn election ordered under Subsection (b) must be held and the returns prepared and canvassed in conformity with the Election Code.
(f)iiIf an election ordered under Subsection (b) is held, the municipality may continue to operate under this chapter only if a majority of the votes cast at the election favor the proposition.
(g)iiIf an election ordered under Subsection (b) is held, a meet and confer team may not submit a petition for recognition to the governing body of the municipality under Section 147.0031 before the second anniversary of the date of the election.
Sec.i147.010.iiELECTION TO REPEAL AGREEMENT. (a) Not later than the 60th day after the date a meet and confer agreement is ratified by the governing body of the municipality and the firefighters and police officers under 147.008, a petition calling for the repeal of the agreement signed by a number of registered voters residing in the municipality equal to at least 10 percent of the votes cast at the most recent general election held in the municipality may be presented to the person charged with ordering an election under Section 3.004, Election Code.
(b)iiIf a petition is presented under Subsection (a), the governing body of the municipality shall:
(1)iirepeal the meet and confer agreement; or
(2)iicertify that the governing body is not repealing the agreement and call an election to determine whether to repeal the agreement.
(c)iiAn election called under Subsection (b)(2) may be held as part of the next regularly scheduled general election for the municipality. The ballot shall be printed to provide for voting for or against the proposition: "Repeal the meet and confer agreement ratified on (date agreement was ratified) by the (name of the governing body of the municipality) and the police officers and firefighters employed by the City of _(name of municipality) concerning wages, salaries, rates of pay, hours of work, and other terms of employment."
(d)iiIf a majority of the votes cast at the election favor the repeal of the agreement, the agreement is void.
Sec.i147.010.iiEFFECT ON EXISTING BENEFITS AND RIGHTS. (a) This chapter may not be construed to repeal any existing benefit provided by statute or ordinance concerning police officers' or firefighters' compensation, pensions, retirement plans, hours of work, conditions of employment, or other emoluments except as expressly provided in a ratified meet and confer agreement. This chapter is in addition to the benefits provided by existing statutes and ordinances.
6278 80th LEGISLATURE — REGULAR SESSION
(b)iiThis chapter may not be construed to interfere with the free speech right, guaranteed by the First Amendment to the United States Constitution, of an individual firefighter or a police officer to endorse or dissent from any agreement.
HB 3315 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Keffer called up with senate amendments for consideration at this time,
HB 3315, A bill to be entitled An Act relating to the imposition and collection of certain insurance taxes, the adoption of certain reciprocal or multistate agreements relating to those taxes, and the adoption of rules relating to those taxes.
Representative Keffer moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3315.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 3315: Keffer, chair; Y. Davis, McReynolds, Paxton, and R. Cook.
HB 946 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Miller called up with senate amendments for consideration at this time,
HB 946, A bill to be entitled An Act relating to conduct that constitutes the offense of endangering a child.
Representative Miller moved to concur in the senate amendments to HBi946.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1849): 139 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6279
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Burnam; Coleman; Frost; Moreno.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 946 (Senate Committee Printing) as follows:
(1) In SECTION 1 of the bill, in amended Section 22.041(c-1), Penal Code, at the end of Subdivision (1) (page 1, line 18), strike "or".
(2) In SECTION 1 of the bill, in amended Section 22.041(c-1), Penal Code, at the end of Subdivision (2) (page 1, line 23), between "child's body" and the period, insert:
"; or
(3) the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code".
Senate Amendment No. 2 (Senate Floor Amendment No. 2)
Amend HB 946 by adding the following appropriately numbered SECTION and renumbering subsequent SECTIONS accordingly:
SECTION ____. Subchapter D, Chapter 481, Health and Safety Code, is amended by adding Section 481.1122 to read as follows:
Sec. 481.1122. MANUFACTURE OF SUBSTANCE IN PENALTY GROUP 1: PRESENCE OF CHILD. If it is shown at the punishment phase of a trial for the manufacture of a controlled substance listed in Penalty Group 1 that when the offense was committed a child younger than 18 years of age was present on the premises where the offense was committed:
(1) the punishment specified by Sections 481.112(b) and (c) are increased by one degree;
(2) the minimum term of imprisonment specified by Section 481.112(e) is increased to 15 years and the maximum fine specified by that section is increased to $150,000; and
(3) the minimum term of imprisonment specified by Section 481.112(f) is increased to 20 years and the maximum fine specified by that section is increased to $300,000.
HB 1960 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Ortiz called up with senate amendments for consideration at this time,
6280 80th LEGISLATURE — REGULAR SESSION
HB 1960, A bill to be entitled An Act relating to access to records or files concerning a child who is subject to the juvenile justice system.
Representative Ortiz moved to concur in the senate amendments to HBi1960.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1850): 140 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Driver; Moreno; Patrick.
STATEMENT OF VOTE
When Record No. 1850 was taken, I was in the house but away from my desk. I would have voted yes.
Patrick
Senate Committee Substitute
CSHB 1960, A bill to be entitled An Act relating to access to records or files concerning a child who is subject to the juvenile justice system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 58.007, Family Code, is amended by amending Subsection (e) and adding Subsection (j) to read as follows:
(e)iiLaw enforcement records and files concerning a child may be inspected
or copied by a juvenile justice agency as that term is defined by Section 58.101,
[and] a criminal justice agency as that term is defined by Section 411.082,
Government Code, the child, and the child's parent or guardian.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6281
(j)iiBefore a child or a child's parent or guardian may inspect or copy a record or file concerning the child under Subsection (e), the custodian of the record or file shall redact:
(1)iiany personally identifiable information about a juvenile suspect, offender, victim, or witness who is not the child; and
(2)iiany information that is excepted from required disclosure under Chapter 552, Government Code, or other law.
SECTIONi2.iiThis Act takes effect September 1, 2007.
HB 2532 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Patrick called up with senate amendments for consideration at this time,
HB 2532, A bill to be entitled An Act relating to the expulsion and placement in alternative settings of public school students who engage in conduct constituting certain felonies.
Representative Patrick moved to concur in the senate amendments to HBi2532.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1851): 141 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Callegari; Moreno.
6282 80th LEGISLATURE — REGULAR SESSION
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 2532 (senate committee printing) as follows:
(1)iiImmediately following SECTION 1 of the bill (page 2, between lines 35 and 36), insert the following appropriately numbered SECTIONS:
SECTIONi____.iiChapter 37, Education Code, is amended by adding Subchapter I to read as follows:
SUBCHAPTER I. PLACEMENT OF REGISTERED SEX OFFENDERS
Sec.i37.301.iiDEFINITION. In this subchapter, "board of trustees" includes the board's designee.
Sec.i37.302.iiAPPLICABILITY. This subchapter:
(1)iiapplies to a student who is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; and
(2)iidoes not apply to a student who is no longer required to register as a sex offender under Chapter 62, Code of Criminal Procedure, including a student who receives an exemption from registration under Subchapter H, Chapter 62, Code of Criminal Procedure, or a student who receives an early termination of the obligation to register under Subchapter I, Chapter 62, Code of Criminal Procedure.
Sec.i37.303.iiREMOVAL OF REGISTERED SEX OFFENDER FROM REGULAR CLASSROOM. Notwithstanding any provision of Subchapter A, on receiving notice under Article 15.27, Code of Criminal Procedure, or Chapter 62, Code of Criminal Procedure, that a student is required to register as a sex offender under that chapter, a school district shall remove the student from the regular classroom and determine the appropriate placement of the student in the manner provided by this subchapter.
Sec.i37.304.iiPLACEMENT OF REGISTERED SEX OFFENDER WHO IS UNDER COURT SUPERVISION. (a)iiA school district shall place a student to whom this subchapter applies and who is under any form of court supervision, including probation, community supervision, or parole, in the appropriate alternative education program as provided by Section 37.309 for at least one semester.
(b)iiIf a student transfers to another school district during the student's mandatory placement in an alternative education program under Subsection (a), the district to which the student transfers may:
(1)iirequire the student to complete an additional semester in the appropriate alternative education program without conducting a review of the student's placement for that semester under Section 37.306; or
(2)iicount any time spent by the student in an alternative education program in the district from which the student transfers toward the mandatory placement requirement under Subsection (a).
Sec.i37.305.iiPLACEMENT OF REGISTERED SEX OFFENDER WHO IS NOT UNDER COURT SUPERVISION. A school district may place a student to whom this subchapter applies and who is not under any form of court supervision in the appropriate alternative education program as provided by Section 37.309
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(1)iithreatens the safety of other students or teachers;
(2)iiwill be detrimental to the educational process; or
(3)iiis not in the best interests of the district's students.
Sec.i37.306.iiREVIEW OF PLACEMENT IN ALTERNATIVE EDUCATION PROGRAM. (a)iiAt the end of the first semester of a student's placement in an alternative education program under Section 37.304 or 37.305, the school district board of trustees shall convene a committee to review the student's placement in the alternative education program. The committee must be composed of:
(1)iia classroom teacher from the campus to which the student would be assigned were the student not placed in an alternative education program;
(2)iithe student's parole or probation officer or, in the case of a student who does not have a parole or probation officer, a representative of the local juvenile probation department;
(3)iian instructor from the alternative education program to which the student is assigned;
(4)iia school district designee selected by the board of trustees; and
(5)iia counselor employed by the school district.
(b)iiThe committee by majority vote shall determine and recommend to the school district board of trustees whether the student should be returned to the regular classroom or remain in the alternative education program.
(c)iiIf the committee recommends that the student be returned to the regular classroom, the board of trustees shall return the student to the regular classroom unless the board determines that the student's presence in the regular classroom:
(1)iithreatens the safety of other students or teachers;
(2)iiwill be detrimental to the educational process; or
(3)iiis not in the best interests of the district's students.
(d)iiIf the committee recommends that the student remain in the alternative education program, the board of trustees shall continue the student's placement in the alternative education program unless the board determines that the student's presence in the regular classroom:
(1)iidoes not threaten the safety of other students or teachers;
(2)iiwill not be detrimental to the educational process; and
(3)iiis not contrary to the best interests of the district's students.
(e)iiIf, after receiving a recommendation under Subsection (b), the school district board of trustees determines that the student should remain in an alternative education program, the board shall before the beginning of each school year convene the committee described by Subsection (a) to review, in the manner provided by Subsections (b), (c), and (d), the student's placement in an alternative education program.
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Sec.i37.307.iiPLACEMENT AND REVIEW OF STUDENT WITH DISABILITY. (a)iiThe placement under this subchapter of a student with a disability who receives special education services must be made in compliance with the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.).
(b)iiThe review under Section 37.306 of the placement of a student with a disability who receives special education services may be made only by a duly constituted admission, review, and dismissal committee. The admission, review, and dismissal committee may request that the board of trustees convene a committee described by Section 37.306(a) to assist the admission, review, and dismissal committee in conducting the review.
Sec.i37.308.iiTRANSFER OF REGISTERED SEX OFFENDER. Except as provided by Section 37.304(b), a school district shall determine whether to place a student to whom this subchapter applies and who transfers to the district in the appropriate alternative education program as provided by Section 37.309 or in a regular classroom. The school district shall follow the procedures specified under Section 37.306 in making the determination.
Sec.i37.309.iiPLACEMENT IN DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM OR JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM. (a)iiExcept as provided by Subsection (b), a school district shall place a student who is required by the board of trustees to attend an alternative education program under this subchapter in a disciplinary alternative education program.
(b)iiA school district shall place a student who is required by the board of trustees to attend an alternative education program under this subchapter in a juvenile justice alternative education program if:
(1)iithe memorandum of understanding entered into between the school district and juvenile board under Section 37.011(k) provides for the placement of students to whom this subchapter applies in the juvenile justice alternative education program; or
(2)iia court orders the placement of the student in a juvenile justice alternative education program.
Sec.i37.310.iiFUNDING FOR REGISTERED SEX OFFENDER PLACED IN JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAM. A juvenile justice alternative education program is entitled to funding for a student who is placed in the program under this subchapter in the same manner as a juvenile justice alternative education program is entitled to funding under Section 37.012 for a student who is expelled and placed in a juvenile justice alternative education program for conduct for which expulsion is permitted but not required under Section 37.007.
Sec.i37.311.iiCONFERENCE. (a)iiA student or the student's parent or guardian may appeal a decision by a school district board of trustees to place the student in an alternative education program under this subchapter by requesting a conference among the board of trustees, the student's parent or guardian, and the
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(b)iiIf the school district board of trustees determines at the conclusion of the conference that the student is required to register as a sex offender under Chapter 62, Code of Criminal Procedure, the student is subject to placement in an alternative education program in the manner provided by this subchapter.
(c)iiA decision by the board of trustees under this section is final and may not be appealed.
Sec.i37.312.iiLIABILITY. This subchapter does not:
(1)iiwaive any liability or immunity of a governmental entity or its officers or employees; or
(2)iicreate any liability for or a cause of action against a governmental entity or its officers or employees.
Sec.i37.313.iiCONFLICTS OF LAW. To the extent of any conflict between a provision of this subchapter and a provision of Subchapter A, this subchapter prevails.
SECTIONi____.iiArticle 15.27, Code of Criminal Procedure, is amended by amending Subsections (b) and (c) and adding Subsections (a-1) and (j) to read as follows:
(a-1)iiThe superintendent or a person designated by the superintendent in the school district may send to a school district employee having direct supervisory responsibility over the student the information contained in the confidential notice under Subsection (a) if the superintendent or the person designated by the superintendent determines that the employee needs the information for educational purposes or for the protection of the person informed or others.
(b)iiOn conviction, deferred prosecution, or deferred adjudication or an
adjudication of delinquent conduct of an individual enrolled as a student in a
public primary or secondary school, for an offense or for any conduct listed in
Subsection (h) of this article, the office of the prosecuting attorney acting in the
case shall orally notify the superintendent or a person designated by the
superintendent in the school district in which the student is enrolled of the
conviction or adjudication and whether the student is required to register as a sex
offender under Chapter 62. Oral notification must be given within 24 hours of the
time of the order or on the next school day. The superintendent shall, within 24
hours of receiving notification from the office of the prosecuting attorney,
[promptly] notify all instructional and support personnel who have regular
contact with the student. Within seven days after the date the oral notice is given,
the office of the prosecuting attorney shall mail written notice, which must
contain a statement of the offense of which the individual is convicted or on
which the adjudication, deferred adjudication, or deferred prosecution is
grounded and a statement of whether the student is required to register as a sex
offender under Chapter 62.
(c)iiA parole, [or] probation, or community supervision office, including a
community supervision and corrections department, a juvenile probation
department, the paroles division of the Texas Department of Criminal Justice, and
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(j)iiThe notification provisions of this section concerning a person who is required to register as a sex offender under Chapter 62 do not lessen the requirement of a person to provide any additional notification prescribed by that chapter.
SECTIONi____.iiSubsection (d), Article 15.27, Code of Criminal Procedure, is repealed.
SECTIONi____.iiSubchapter I, Chapter 37, Education Code, as added by this Act, applies only to an offense committed on or after September 1, 2007. An offense committed before September 1, 2007, is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before September 1, 2007, if any element of the offense occurred before that date.
(2)iiIn SECTION 2(a) of the bill (page 2, line 36), strike "This Act" and substitute "Section 37.0081, Education Code, as amended by this Act,".
(3)iiRenumber the SECTIONS of the bill appropriately.
Senate Amendment No. 2 (Senate Floor Amendment No. 2)
Amend HB 2532 by adding the following appropriately numbered SECTIONS and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Subchapter A, Chapter 37, Education Code, is amended by adding Section 37.0082 to read as follows:
Sec. 37.0082. ASSESSMENT OF ACADEMIC GROWTH OF STUDENTS IN DISCIPLINARY ALTERNATIVE EDUCATION PROGRAMS. (a) To assess a student's academic growth during placement in a disciplinary alternative education program, a school district shall administer to a student placed in a program for a period of 90 school days or longer an assessment instrument approved by the commissioner for that purpose. The instrument shall be administered:
(1) initially on placement of the student in the program; and
(2) subsequently on the date of the student's departure from the program, or as near that date as possible.
(b) The assessment instrument required by this section:
(1) must be designed to assess at least a student's basic skills in reading and mathematics;
(2) may be:
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(A) comparable to any assessment instrument generally administered to students placed in juvenile justice alternative education programs for a similar purpose; or
(B) based on an appropriate alternative assessment instrument developed by the agency to measure student academic growth; and
(3) is in addition to the assessment instruments required to be administered under Chapter 39.
(c) The commissioner shall adopt rules necessary to implement this section.
SECTION ____. (a) The Texas Education Agency shall explore alternative methods of evaluating the effectiveness of disciplinary alternative education programs. The alternative methods to be explored must include a method that includes, in addition to the indicator required under current law that is based on student performance on assessment instruments required under Sections 39.023(a) and (c), Education Code, indicators relating to student academic growth, course completion, and behavior improvement.
(b) Not later than November 1, 2008, the Texas Education Agency shall submit a report of its conclusions and recommendations resulting from the action required by Subsection (a) of this section to the presiding officers of the standing committees of the senate and house of representatives with primary jurisdiction over the public school system or the commitment and rehabilitation of youths.
HB 3692 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Straus called up with senate amendments for consideration at this time,
HB 3692, A bill to be entitled An Act relating to the denial of bail to a person who violates certain court orders or conditions of bond related to victim or community safety.
Representative Straus moved to concur in the senate amendments to HBi3692.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1852): 142 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller;
6288 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Moreno.
Senate Committee Substitute
CSHB 3692, A bill to be entitled An Act relating to the denial or revocation of bail for a person who violates certain court orders or conditions of bond related to victim or community safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiThe heading to Section 25.07, Penal Code, is amended to read as follows:
Sec.i25.07.iiVIOLATION OF CERTAIN COURT ORDERS OR
CONDITIONS OF BOND IN A FAMILY VIOLENCE CASE [PROTECTIVE
ORDER OR MAGISTRATE'S ORDER].
SECTIONi2.iiSections 25.07(a) and (g), Penal Code, are amended to read as follows:
(a)iiA person commits an offense if, in violation of a condition of bond set
in a family violence case and related to the safety of the victim or the safety of the
community, an order issued under Article 17.292, Code of Criminal Procedure,
an order issued under Section 6.504, Family Code, Chapter 83, Family Code, if
the temporary ex parte order has been served on the person, or Chapter 85,
Family Code[, under Article 17.292, Code of Criminal Procedure], or an order
issued by another jurisdiction as provided by Chapter 88, Family Code, the
person knowingly or intentionally:
(1)iicommits family violence or an act in furtherance of an offense under Section 42.072;
(2)iicommunicates:
(A)iidirectly with a protected individual or a member of the family or household in a threatening or harassing manner;
(B)iia threat through any person to a protected individual or a member of the family or household; or
(C)iiin any manner with the protected individual or a member of the family or household except through the person's attorney or a person appointed by the court, if the violation is of an order described by this subsection and the order prohibits any communication with a protected individual or a member of the family or household;
(3)iigoes to or near any of the following places as specifically described in the order or condition of bond:
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(A)iithe residence or place of employment or business of a protected individual or a member of the family or household; or
(B)iiany child care facility, residence, or school where a child protected by the order or condition of bond normally resides or attends; or
(4)iipossesses a firearm.
(g)iiAn offense under this section is a Class A misdemeanor unless it is
shown on the trial of the offense that the defendant has previously been convicted
under this section two or more times or has violated the [protective] order or
condition of bond by committing an assault or the offense of stalking, in which
event the offense is a third degree felony.
SECTIONi3.iiChapter 17, Code of Criminal Procedure, is amended by adding Article 17.152 to read as follows:
Art.i17.152.iiDENIAL OF BAIL FOR VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE CASE. (a) In this article, "family violence" has the meaning assigned by Section 71.004, Family Code.
(b)iiExcept as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07, Penal Code, related to a violation of a condition of bond set in a family violence case and whose bail in the case under Section 25.07, Penal Code, or in the family violence case is revoked or forfeited for a violation of a condition of bond may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate determines by a preponderance of the evidence that the person violated a condition of bond related to:
(1)iithe safety of the victim of the offense under Section 25.07, Penal Code, or the family violence case, as applicable; or
(2)iithe safety of the community.
(c)iiExcept as otherwise provided by Subsection (d), a person who commits an offense under Section 25.07, Penal Code, other than an offense related to a violation of a condition of bond set in a family violence case, may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate determines by a preponderance of the evidence that the person committed the offense.
(d)iiA person who commits an offense under Section 25.07(a)(3), Penal Code, may be held without bail under Subsection (b) or (c), as applicable, only if following a hearing the judge or magistrate determines by a preponderance of the evidence that the person went to or near the place described in the order or condition of bond with the intent to commit or threaten to commit:
(1)iifamily violence; or
(2)iian act in furtherance of an offense under Section 42.072, Penal Code.
(e)iiIn determining whether to deny release on bail under this article, the judge or magistrate may consider:
(1)iithe order or condition of bond;
(2)iithe nature and circumstances of the alleged offense;
6290 80th LEGISLATURE — REGULAR SESSION
(3)iithe relationship between the accused and the victim, including the history of that relationship;
(4)iiany criminal history of the accused; and
(5)iiany other facts or circumstances relevant to a determination of whether the accused poses an imminent threat of future family violence.
(f)iiA person arrested for committing an offense under Section 25.07, Penal Code, shall without unnecessary delay and after reasonable notice is given to the attorney representing the state, but not later than 48 hours after the person is arrested, be taken before a magistrate in accordance with Article 15.17. At that time, the magistrate shall conduct the hearing and make the determination required by this article.
SECTIONi4.iiArticle 17.40(b), Code of Criminal Procedure, is amended to read as follows:
(b)iiAt a hearing limited to determining whether the defendant violated a condition of bond imposed under Subsection (a), the magistrate may revoke the defendant's bond only if the magistrate finds by a preponderance of the evidence that the violation occurred. If the magistrate finds that the violation occurred, the magistrate shall revoke the defendant's bond and order that the defendant be immediately returned to custody. Once the defendant is placed in custody, the revocation of the defendant's bond discharges the sureties on the bond, if any, from any future liability on the bond. A discharge under this subsection from any future liability on the bond does not discharge any surety from liability for previous forfeitures on the bond.
SECTIONi5.iiArticle 22.021, Code of Criminal Procedure, is repealed.
SECTIONi6.iiThis Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect at the time the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.
SECTIONi7.iiThis Act takes effect January 1, 2008, but only if the constitutional amendment proposed by the 80th Legislature, Regular Session, 2007, authorizing the denial of bail to a person who violates certain court orders or conditions of release in a felony or family violence case is approved by the voters. If that constitutional amendment is not approved by the voters, this Act has no effect.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 3692 by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Article 45.049 Code of Criminal Procedure, is amended by adding Subsections (g) and (h) to read as follows:
(g) This subsection applies only to a defendant who is charged with a traffic offense or an offense under Section 106.05, Alcoholic Beverage Code, and is a resident of this state. If under Article 45.051(b)(10), Code of Criminal Procedure,
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(1) the county in which the court is located; or
(2) the county in which the defendant resides, but only if the entity or organization agrees to:
(A) supervise the defendant in the performance of the defendant's community service work; and
(B) report to the court on the defendant's community service work.
(h) This subsection applies only to a defendant charged with an offense under Section 106.05, Alcoholic Beverage Code, who, under Subsection (g), elects to perform the required community service in the county in which the defendant resides. The community service must comply with Sections 106.071(d) and (e), Alcoholic Beverage Code, except that if the educational programs or services described by Section 106.071(e) are not available in the county of the defendant's residence, the court may order community service that it considers appropriate for rehabilitative purposes.
SECTION ____. The changes made to Article 45.049, Code of Criminal Procedure, by this Act take effect September 1, 2007.
HB 3851 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
Representative Morrison called up with senate amendments for consideration at this time,
HB 3851, A bill to be entitled An Act relating to the admission of high school graduates and undergraduate transfer students to certain institutions of higher education, the computation of a student's high school grade point average for purposes of determining eligibility for admission, and policies to promote the admission of undergraduate transfer students.
Representative Morrison moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3851.
The motion prevailed.
HB 3851 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE COLEMAN: Chairwoman Morrison, is one of those amendments dealing with Texas Southern University and the challenges that are occurring there?
REPRESENTATIVE MORRISON: Yes, that is one. There were six amendments put on this bill.
COLEMAN: Okay, and I'm asking you specifically about that one. Now, do you know that under HBi15, the senate version, that it says that if that particular piece of legislation doesn't pass, or the university doesn't go into conservatorship, that they won't get the money that they need for their emergency appropriation, or the OCR money that's in the budget?
6292 80th LEGISLATURE — REGULAR SESSION
MORRISON: I remember the bill, I'm not sure what, I understand there might be something appropriated of it. I don't know where that is, Garnet, and that's why I'm not going to concur, because I need to find out exactly where all of the issues are.
COLEMAN: Well, I guess I'm asking you, would you work with me, because one of the things that the governor has said is that if that piece of legislation doesn't pass, that he's going to put conservatorship of Texas Southern back on the table. Have you heard that?
MORRISON: I have not directly heard that from the governor, but I will find out about all that before I come back with—
COLEMAN: So knowing that, and I have talked to the governor's office about it, knowing that maybe his intent, if he has no other alternatives, understanding that taking that off would mean that the university would go into conservatorship, how do we resolve that?
MORRISON: Well, I will gladly talk to the governor, and find out what the intent is.
COLEMAN: Okay, I would appreciate it if you would do that, because you know that the bill that we had did not make it to the calendar with the bills on the last calendar that was set.
MORRISON: Right.
COLEMAN: And I think—
MORRISON: But did not get—
COLEMAN: No, it was not set. It was not even set on the last calendar, Chairwoman Morrison. You passed the bill out of committee.
MORRISON: Out of committee.
COLEMAN: And the information got to the committee in time, but the bill was not set on the calendar, and so my concern is that without that language that we have a problem with the issues that regard accountability of Texas Southern, but also the accountability that this state has for one of its institutions.
MORRISON: And I understand, Mr. Coleman, that this issue has been fixed in HBi15 and Appropriations.
COLEMAN: I don't know about that.
MORRISON: I don't either.
COLEMAN: If Mr. Chisum wants to tell me about that, I understand that they're going to strip the rider you told me that was put on the bill, Mr. Chisum, and I'm trying to understand what's going on. So I guess he'll be able to answer those questions.
MORRISON: Would you like for Mr. Chisum to—
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COLEMAN: That would be fine, because this is a very important issue, and I need some assurances before I leave here and go back to Houston that these issues are resolved, and since the way to resolve that issue is attached to your house bill, we might as well have this discussion now.
REPRESENTATIVE CHISUM: Mr. Coleman, that's a deal we're working with right now, and we know that the bill did not pass. It is covered in Amendment No. 2 from the senate in HBi15.
COLEMAN: I know.
CHISUM: It does not require––all it requires is a plan approved by the Legislative Budget Board and the governor to go forward with Texas Southern.
COLEMAN: And I understand that, Mr. Chairman, but my concern is whether or not the plan that the governor would approve, the only plan the governor would approve, would be conservatorship, Mr. Chairman. So the reason why I'm asking these questions is because I don't want to leave here without an understanding that the intention is to put Texas Southern University into conservatorship, because the governor is not concurring with what is going on either on HBi15, HBi1, or on HBi3851.
CHISUM: And I can tell you that is not our intent to put a conservatorship at Texas Southern because—
COLEMAN: So you're guaranteeing me right now on this mic, that the Legislative Audit Committee, and you as a member, and the speaker, will not put Texas Southern University into conservatorship, based on just us standing right here?
CHISUM: I will absolutely do that, all that we are going to require is that you submit to a plan approved by the Legislative Budget Board and the governor, to a rehabilitation plan. That is all it is.
COLEMAN: If the governor does not approve the rehabilitation program, then how do you move forward if it requires both of the Legislative Budget Board and the governor's office to assent to that?
CHISUM: Well, we're assuming that it's a plan that the governor's people are putting together, I don't know how you would assume that we're not going to —
COLEMAN: Well, you know what they say about assuming, Mr. Chairman.
CHISUM: Now listen, I'm talking to you in a very civil manner.
COLEMAN: I'm being very civil too, but this is an important issue.
CHISUM: It's a very important issue.
COLEMAN: Yes, it is.
CHISUM: It is a very important issue, and I understand it, but the governor's people, and the new board of regents are putting together that plan under the governor's close supervision. I assume that he will adopt that plan and we will move forward.
6294 80th LEGISLATURE — REGULAR SESSION
COLEMAN: Well, Mr. Chairman, that's why I asked you whether or not there are assurances before we leave here, that those things will be done, so that we're not leaving any of this to chance when we have the opportunity to make sure that we have resolved these issues before May 28th.
CHISUM: What do I need to say? I don't know what else to say.
COLEMAN: Well, the reason I'm asking the question is you told me you would put the rider on the bill that we had written and I understand now it's being removed.
CHISUM: That's correct.
COLEMAN: That's correct, correct?
CHISUM: That is correct on HBi1.
COLEMAN: That's right. Removed from HBi1, and I'm understanding that's not because you came and told me, because I found out inadvertently, and so now I'm concerned, because I thought that was something that would move forward as a provision on the budget that would deal with these issues, but I guess you all have chosen not to do that.
CHISUM: Yes.
COLEMAN: Okay, and so by taking that off, can you guarantee me that the governor's office and that everyone else is satisfied that this is a solution that protects the university into the interim from conservatorship?
CHISUM: That is our intent, yes, sir.
COLEMAN: That may be your intent, but do you have an agreement with the governor that that would be his intent, in terms of working with the Legislative Audit Committee?
CHISUM: You're asking me to speak for the governor. I am not entitled to speak for the governor. I have no other indication, in speaking with the governor's people, that their intent is to move forward with the rehabilitation plan. But I will not speak for the governor.
COLEMAN: Okay, but is it the intent of the Legislative Audit Committee, which you serve on, to concur with the governor's recommendation of conservatorship, if he happens to recommend it to you again, because you know, Mr. Chairman, you told me that, "well, that's what the governor wants, so that's what we're going to do," and so I'm trying to figure out if that has changed, Mr. Chairman?
CHISUM: At this point, we intend—
COLEMAN: No, not at this point, I mean—
CHISUM: Let me tell you; I don't know what else to tell you. We want a plan to work. We want a plan to be adopted, and we want a plan to work. We do not want, and have not even been asked, to appoint a conservator, we want a plan to work.
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REMARKS ORDERED PRINTED
Representative Coleman moved to print remarks between Representative Morrison and Representative Coleman, and Representative Chisum and Representative Coleman.
The motion prevailed.
HB 3851 - CONFERENCE COMMITTEE APPOINTED
The chair announced the appointment of the following conference committee, on the part of the house, on HB 3851: Morrison, chair; Aycock, F.iBrown, Rose, and Patrick.
HB 1267 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE INSTRUCTED
CONFERENCE COMMITTEE APPOINTED
Representative Peña called up with senate amendments for consideration at this time,
HB 1267, A bill to be entitled An Act relating to the compensation of counsel appointed to defend an indigent defendant in a criminal proceeding.
Representative Peña moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 1267.
The motion prevailed.
Representative Talton moved to instruct the conference committee on HBi1267 to remove the language of Senate Amendment No. 4 from the conference committee report on HB 1267.
The motion to instruct conferees prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 1267: Peña, chair; Talton, Hartnett, Escobar, and Gattis.
HB 814 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Dutton called up with senate amendments for consideration at this time,
HB 814, A bill to be entitled An Act relating to the payment of child support obligations on behalf of persons wrongfully imprisoned.
Representative Dutton moved to concur in the senate amendments to HBi814.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1853): 135 Yeas, 6 Nays, 2 Present, not voting.
6296 80th LEGISLATURE — REGULAR SESSION
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Talton; Thompson; Truitt; Turner; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Nays — Crownover; Harper-Brown; Macias; Paxton; Taylor; Van Arsdale.
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Moreno; Mowery.
STATEMENT OF VOTE
I was shown voting yes on Record No. 1853. I intended to vote no.
Laubenberg
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 814 (Senate Committee Printing) as follows:
(1)iiStrike SECTION 2 of the bill (page 1, lines 31 through 52) and substitute the following:
SECTIONi2.iiSection 103.052, Civil Practice and Remedies Code, is amended by amending Subsections (a) and (b) and adding Subsections (a-1) and (d) to read as follows:
(a)iiA person who meets the requirements of Section 103.001 is entitled to compensation in an amount equal to:
(1)ii$50,000 [$25,000] multiplied by the number of years served in
prison, expressed as a fraction to reflect partial years; and[, if the time served is
less than 20 years; or]
(2)iicompensation for child support payments owed by the person that
became due and interest on child support arrearages that accrued during the time
served in prison but were not paid [$500,000 if the time served is 20 years or
more].
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6297
(a-1)iiNotwithstanding Subsection (a)(1), a person sentenced to death who meets the requirements of Section 103.001 is entitled to compensation in an amount equal to $100,000 multiplied by the number of years served in prison, expressed as a fraction to reflect partial years.
(b)iiA person who is owed an amount of compensation under Subsection (a)(1) or (a-1) equal to or greater than $50,000 shall be paid that compensation in two equal annual installments.
(d)iiThe amount of compensation under Subsection (a)(2) to which a person is entitled shall be paid on the person's behalf in a lump-sum payment to the state disbursement unit, as defined by Section 101.0302, Family Code, for distribution to the obligee under the child support order.
(2)iiAdd the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS accordingly:
SECTIONi____.iiSection 103.105(c), Civil Practice and Remedies Code, is repealed.
(3)iiIn SECTION 8 of the bill (page 3, line 7), strike "The changes" and substitute "(a) Except as provided by Subsection (b) of this section, the changes".
(4)iiIn SECTION 8 of the bill (page 3, between lines 10 and 11) insert Subsection (b) to read as follows:
(b)iiSections 103.052(a)(1) and (a-1), Civil Practice and Remedies Code, as amended and added, respectively, by this Act, apply to an administrative proceeding for compensation for wrongful imprisonment for which the application is filed on or after the effective date of this Act. An application filed before the effective date of this Act is governed by the law in effect on the date of the filing, and that law is continued in effect for that purpose.
HB 1919 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative T. Smith called up with senate amendments for consideration at this time,
HB 1919, A bill to be entitled An Act relating to health benefit plan coverage for treatment for certain brain injuries and serious mental illnesses.
Representative T. Smith moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 1919.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 1919: T. Smith, chair; Farabee, Smithee, Hancock, and J. Davis.
HB 4029 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Morrison called up with senate amendments for consideration at this time,
6298 80th LEGISLATURE — REGULAR SESSION
HB 4029, A bill to be entitled An Act relating to the creation of the Lavaca County Groundwater Conservation District; providing authority to impose a tax.
Representative Morrison moved to concur in the senate amendments to HBi4029.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1854): 137 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Chisum; Hill; Moreno; Noriega; Parker; Straus.
STATEMENTS OF VOTE
When Record No. 1854 was taken, I was in the house but away from my desk. I would have voted yes.
Parker
When Record No. 1854 was taken, I was in the house but away from my desk. I would have voted yes.
Straus
Senate Committee Substitute
CSHB 4029, A bill to be entitled An Act relating to the creation of the Lavaca County Groundwater Conservation District; providing authority to impose a tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6299
SECTIONi1.iiSubtitle H, Title 6, Special District Local Laws Code, is amended by adding Chapter 8822 to read as follows:
CHAPTER 8822. LAVACA COUNTY GROUNDWATER
CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec.i8822.001.iiDEFINITIONS. In this chapter:
(1)ii"Board" means the board of directors of the district.
(2)ii"Director" means a member of the board.
(3)ii"District" means the Lavaca County Groundwater Conservation District.
Sec.i8822.002.iiNATURE OF DISTRICT. The district is a groundwater conservation district in Lavaca County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Sec.i8822.003.iiCONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held on or before September 1, 2013:
(1)iithe district is dissolved on September 1, 2013, except that:
(A)iiany debts incurred shall be paid;
(B)iiany assets that remain after the payment of debts shall be transferred to Lavaca County; and
(C)iithe organization of the district shall be maintained until all debts are paid and remaining assets are transferred; and
(2)iithis chapter expires September 1, 2013.
Sec.i8822.004.iiINITIAL DISTRICT TERRITORY. The initial boundaries of the district are coextensive with the boundaries of Lavaca County, Texas.
Sec.i8822.005.iiDISTRICT TERRITORY REQUIREMENTS; DISSOLUTION OF DISTRICT. (a) On May 31, 2012, the district boundaries must include at least one county adjacent to Lavaca County.
(b)iiAs soon as practicable after May 31, 2012, the Texas Commission on Environmental Quality shall determine whether the district complies with Subsection (a).
(c)iiIf the commission determines that the district does not comply with Subsection (a), the commission shall dissolve the district in accordance with Sections 36.304, 36.305, 36.307, 36.308, 36.309, and 36.310, Water Code, regardless of whether the district meets the criteria for dissolution under Section 36.304(a), Water Code.
(d)iiThis section expires September 1, 2013.
Sec.i8822.006.iiAPPLICABILITY OF OTHER GROUNDWATER CONSERVATION DISTRICT LAW. Except as otherwise provided by this chapter, Chapter 36, Water Code, applies to the district.
Sec.i8822.007.iiDISTRICT PURPOSE. The district is created to:
(1)iiprovide for the conservation, preservation, protection, recharging, and prevention of waste of groundwater, and of groundwater reservoirs or their subdivisions, in the Lavaca County area; and
(2)iicontrol subsidence caused by the withdrawal of water from the groundwater reservoirs or their subdivisions in the Lavaca County area.
6300 80th LEGISLATURE — REGULAR SESSION
[Sections 8822.008-8822.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec.i8822.021.iiTEMPORARY DIRECTORS. The following individuals shall serve as temporary directors for the district:
(1)iiA. J. Cerny, Jr.;
(2)iiAugust Etlinger;
(3)iiJ. C. Hermes;
(4)iiDavid L. Myers; and
(5)iiLarry A. Svetlik.
Sec.i8822.022.iiORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS. As soon as practicable after all the temporary directors have qualified under Section 36.055, Water Code, a majority of the temporary directors shall convene the organizational meeting of the district at a location within the district agreeable to a majority of the directors. If an agreement on location cannot be reached, the organizational meeting shall be at the Lavaca County Courthouse.
Sec.i8822.023.iiCONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) The temporary directors shall hold an election on the uniform election date in May 2008 to confirm the creation of the district and to elect the initial directors of the district.
(b)iiThe temporary directors shall have placed on the ballot the name of any candidate who files for an initial director's position and blank spaces to write in the names of other persons. A temporary director who is eligible to be a candidate under Section 8822.052 may file for an initial director's position.
(c)iiExcept as provided by this chapter, an election under this section must be conducted as provided by Sections 36.017(b)-(g) and (i) and 36.059, Water Code, and the Election Code. Sections 36.017(a) and (h), Water Code, do not apply to an election under this section.
(d)iiIf a majority of the votes cast at the election are not in favor of creation of the district, the elected directors shall take office as temporary directors and may hold a subsequent confirmation election on the uniform election date in May 2010 or 2012.
Sec.i8822.024.iiINITIAL DIRECTORS. (a) If creation of the district is confirmed at an election held under Section 8822.023, the elected directors shall take office as initial directors of the district and serve on the board of directors until permanent directors are elected under Section 8822.025 or 8822.053.
(b)iiThe initial director representing each of the four commissioners precincts shall draw lots to determine which two directors shall serve a term expiring June 1 following the first regularly scheduled election of directors under Section 8822.025, and which two directors shall serve a term expiring June 1 following the second regularly scheduled election of directors. The at-large director shall serve a term expiring June 1 following the second regularly scheduled election of directors.
Sec.i8822.025.iiINITIAL ELECTION OF PERMANENT DIRECTORS. On the uniform election date prescribed by Section 41.001, Election Code, in May of the first even-numbered year after the year in which the district is
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6301
Sec.i8822.026.iiEXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2013.
[Sectionsi8822.027-8822.050 reserved for expansion]
SUBCHAPTERiB.iiBOARD OF DIRECTORS
Sec.i8822.051.iiDIRECTORS; TERMS. (a) The district is governed by a board of five directors.
(b)iiDirectors serve staggered four-year terms, with two or three directors' terms expiring June 1 of each even-numbered year.
(c)iiA director may serve consecutive terms.
Sec.i8822.052.iiMETHOD OF ELECTING DIRECTORS: COMMISSIONERS PRECINCTS. (a) Except as provided by Subsection (f), the directors of the district shall be elected according to the commissioners precinct method as provided by this section.
(b)iiOne director shall be elected by the voters of the entire district, and one director shall be elected from each county commissioners precinct by the voters of that precinct.
(c)iiExcept as provided by Subsection (e), to be eligible to be a candidate for or to serve as director at large, a person must be a registered voter in the district. To be a candidate for or to serve as director from a county commissioners precinct, a person must be a registered voter of that precinct.
(d)iiA person shall indicate on the application for a place on the ballot:
(1)iithe precinct that the person seeks to represent; or
(2)iithat the person seeks to represent the district at large.
(e)iiWhen the boundaries of the county commissioners precincts are redrawn after each federal decennial census to reflect population changes, a director in office on the effective date of the change, or a director elected or appointed before the effective date of the change whose term of office begins on or after the effective date of the change, shall serve in the precinct to which elected or appointed even though the change in boundaries places the person's residence outside the precinct for which the person was elected or appointed.
(f)iiIf territory is added to the district, the board shall change the method of electing directors as necessary to ensure that all district voters are fairly represented. A change in the method of electing directors adopted by the board under this subsection shall be implemented at the next directors' election at which the change can be implemented consistently with the Election Code and federal law.
Sec.i8822.053.iiELECTION DATE. The district shall hold an election to elect the appropriate number of directors on the uniform election date prescribed by Section 41.001, Election Code, in May of each even-numbered year.
6302 80th LEGISLATURE — REGULAR SESSION
[Sections 8822.054-8822.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec.i8822.101.iiGENERAL POWERS. Except as otherwise provided by this chapter, the district has all of the rights, powers, privileges, functions, and duties provided by the general law of this state applicable to groundwater conservation districts created under Section 59, Article XVI, Texas Constitution.
Sec.i8822.102.iiPROHIBITION ON REQUIRING METERING OF EXEMPT WELLS.i The district may not require meters on wells exempt from permitting or regulation under Section 36.117, Water Code.
Sec.i8822.103.iiNO EMINENT DOMAIN POWER.i The district may not exercise the power of eminent domain.
Sec.i8822.104.iiREGISTRATION AND REPORTING REQUIREMENTS FOR CERTAIN EXEMPT WELLS. The district may adopt rules that require the owner or operator of a well or class of wells exempt from permitting under Section 36.117, Water Code, to register the well with the district and, notwithstanding Section 8822.102, if the well is not exempt under Section 36.117(b)(1), Water Code, to report groundwater withdrawals from the well using reasonable and appropriate reporting methods and frequency.
Sec.i8822.105.iiWELL SPACING RULES; EXEMPTIONS. (a) Except as provided by Subsection (b), the district shall exempt from the well spacing requirements adopted by the district any well that is completed on or before the effective date of those requirements.
(b)iiThe district may provide by rule that a well may lose its exemption under this section if the well is modified in a manner that substantially increases the capacity of the well after the effective date of the well spacing requirements adopted by the district.
(c)iiExcept as provided by this section, the district may require any well or class of wells exempt from permitting under Chapter 36, Water Code, to comply with the well spacing requirements adopted by the district. The district shall apply well spacing requirements uniformly to any well or class of wells based on the size or capacity of the well and without regard to the type of use of the groundwater produced by the well.
[Sections 8822.106-8822.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec.i8822.151.iiLIMITATION ON TAXES. The district may not impose ad valorem taxes at a rate that exceeds five cents on each $100 of assessed valuation of taxable property in the district.
SECTIONi2.ii(a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.
(b)iiThe governor has submitted the notice and Act to the Texas Commission on Environmental Quality.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6303
(c)iiThe Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time.
(d)iiAll requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.
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, 2007.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 4029 (senate committee printing) by striking Sec. 8822.005 (page 1, line 43 through page 1, line 56) and renumbering subsequent Sections accordingly.
HB 1 - RULES SUSPENDED
Representative Chisum moved to suspend all necessary rules to allow the conference committee on HB 1 to consider Article IX, Section 19.72 and ArticleiIX, Section 19.65 at 5:45 p.m. today in the Appropriations Committee Room.
A record vote was requested.
The motion prevailed by (Record 1855): 89 Yeas, 37 Nays, 4 Present, not voting.
Yeas — Allen; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Callegari; Chavez; Chisum; Christian; Cohen; Cook, B.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Delisi; Driver; Dutton; Eissler; Elkins; England; Escobar; Farabee; Flores; Flynn; Geren; Giddings; Goolsby; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hilderbran; Hodge; Homer; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Keffer; King, P.; Krusee; Kuempel; Latham; Laubenberg; Lucio; Macias; Madden; Mallory Caraway; McCall; McClendon; Menendez; Miller; Morrison; Mowery; O'Day; Orr; Otto; Patrick; Paxton; Peña; Phillips; Pitts; Puente; Quintanilla; Riddle; Rose; Smith, T.; Smith, W.; Smithee; Swinford; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; West; Woolley; Zedler; Zerwas.
Nays — Alonzo; Anchia; Burnam; Castro; Coleman; Cook, R.; Davis, Y.; Dunnam; Eiland; Farias; Farrar; Frost; Gallego; Garcia; Gonzales; Gonzalez Toureilles; Haggerty; Hernandez; Hochberg; Hopson; Leibowitz; Martinez; Martinez Fischer; McReynolds; Merritt; Naishtat; Oliveira; Olivo; Ortiz; Pierson; Raymond; Ritter; Rodriguez; Strama; Talton; Villarreal; Vo.
Present, not voting — Mr. Speaker; Jones; Miles; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
6304 80th LEGISLATURE — REGULAR SESSION
Absent — Bailey; Dukes; Guillen; Hancock; Herrero; Hill; King, S.; King, T.; Moreno; Murphy; Noriega; Parker; Pickett; Straus; Veasey.
STATEMENTS OF VOTE
When Record No. 1855 was taken, I was in the house but away from my desk. I would have voted no.
Herrero
I was shown voting yes on Record No. 1855. I intended to vote present, not voting.
Hodge
When Record No. 1855 was taken, I was in the house but away from my desk. I would have voted yes.
Parker
When Record No. 1855 was taken, I was in the house but away from my desk. I would have voted yes.
Straus
When Record No. 1855 was taken, I was in the house but away from my desk. I would have voted yes.
Veasey
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Appropriations, conference committee on HB 1, 5:45 p.m. today, Appropriations Committee Room, for a formal meeting, to consider Article IX, Section 19.65 and Article IX, Section 19.72.
HB 2667 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Latham called up with senate amendments for consideration at this time,
HB 2667, A bill to be entitled An Act relating to certain insurance-related matters involving rural volunteer firefighters, volunteer police force members, or emergency services districts.
Representative Latham moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2667.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 2667: Latham, chair; Chisum, Driver, Paxton, and J. Davis.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6305
HB 12 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Hilderbran called up with senate amendments for consideration at this time,
HB 12, A bill to be entitled An Act relating to the funding, powers, duties, and responsibilities of the Parks and Wildlife Department and the Texas Historical Commission.
Representative Hilderbran moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 12.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 12: Hilderbran, chair; Chisum, Gattis, D. Howard, and O'Day.
HB 556 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Hilderbran called up with senate amendments for consideration at this time,
HB 556, A bill to be entitled An Act relating to voting station requirements for elections held by the Hickory Underground Water Conservation District No.i1.
Representative Hilderbran moved to concur in the senate amendments to HBi556.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1856): 140 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla;
6306 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Creighton; Isett; Moreno.
STATEMENT OF VOTE
When Record No. 1856 was taken, I was in the house but away from my desk. I would have voted yes.
Creighton
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 556 by adding the following appropriately numbered SECTIONS to the bill and by renumbering the existing SECTIONS as appropriate:
SECTION ____. The heading to Section 31.009, Election Code, is amended to read as follows:
Sec. 31.009. DISTRIBUTION OF CERTAIN [FEDERAL] FUNDS.
SECTION ____. Section 31.009 (a), Election Code, is amended to read as follows:
(a) If federal funds are made available to assist the state in the administration of elections, including assistance for the phasing out or prohibition of the use of punch-card ballot voting systems in this state, or state funds are made available to reimburse political subdivisions for expenses incurred in conducting a special election that is held statewide, the secretary of state shall administer and distribute the funds as appropriate to most effectively facilitate the purposes for which the funds are made available.
SECTION ____. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect on the 91st day after the last day of the legislative session.
Senate Amendment No. 2 (Senate Floor Amendment No. 2)
Amend HB 556 by adding the following appropriately numbered SECTIONS to the bill and by renumbering the existing SECTIONS as appropriate:
SECTIONi____.iiIt is the intent of the legislature that in creating the formula for the finding of an undue burden in Subsection (c), Section 61.013, Election Code, as added by this Act, the legislature took into account the size of the political subdivision holding the election, which affects the amount of available funds and election workforce, and the costs of voting machine systems compared to previous accommodations for voters with disabilities.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6307
SECTIONi____.iiSubsection (a), Section 61.012, Election Code, is amended to read as follows:
(a)iiExcept as provided by Section 61.013 [Not later than January 1, 2006],
each polling place must provide at least one voting station that:
(1)iicomplies with:
(A)iiSection 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Section 794) and its subsequent amendments;
(B)ii[and] Title II of the federal Americans with Disabilities Act (42
U.S.C. Section 12131 et seq.) and its subsequent amendments; and
(C)iithe requirements for accessibility under 42 U.S.C. Section 15481(a)(3) and its subsequent amendments; and
(2)iiprovides a practical and effective means for voters with physical disabilities to cast a secret ballot.
SECTIONi____.iiSubchapter A, Chapter 61, Election Code, is amended by adding Section 61.013 to read as follows:
Sec.i61.013.iiACCESS BY PERSONS WITH DISABILITIES: ELECTIONS OF CERTAIN POLITICAL SUBDIVISIONS. (a)iiFor an election other than an election of a political subdivision that is held jointly with another election in which a federal office appears on the ballot, the political subdivision is not required to meet the requirements of Section 61.012(a)(1)(C) if the political subdivision:
(1)iiis a county with a population of less than 2,000;
(2)iiis a county with a population of 2,000 or more but less than 5,000, and the county provides at least one voting station that meets the requirements for accessibility under 42 U.S.C. Section 15481(a)(3) on election day;
(3)iiis a county with a population of 5,000 or more but less than 10,000, and the county provides at least one voting station that meets the requirements for accessibility under 42 U.S.C. Section 15481(a)(3) on election day and during the period for early voting by personal appearance;
(4)iiis a county with a population of 10,000 or more but less than 20,000, and the county:
(A)iimakes a showing in the manner provided by Subsection (c) that compliance with Section 61.012(a)(1)(C) constitutes an undue burden on the county;
(B)iiprovides at least one voting station that meets the requirements for accessibility under 42 U.S.C. Section 15481(a)(3) on election day and during the period for early voting by personal appearance; and
(C)iiprovides a mobile voting station that meets the requirements for accessibility under 42 U.S.C. Section 15481(a)(3) that during the period for early voting by personal appearance is deployed at least once at each polling place used for early voting by personal appearance; or
(5)iiis located in a county described by Subdivisions (1)-(4) and meets the same requirements as the county in which the political subdivision is located.
(b)iiA voter with a disability that desires a reasonable accommodation to vote in an election of a county described by Subsection (a)(1) or a political subdivision located in that county shall make a request for the accommodation
6308 80th LEGISLATURE — REGULAR SESSION
(c)iiA county or political subdivision may make a showing of undue burden under Subsection (a)(4)(A) by filing an application with the secretary of state not later than the 90th day before the date of the election that states the reasons that compliance would constitute an undue burden. A showing of an undue burden may be satisfied by proof that the election costs associated with compliance with Section 61.012(a)(1)(C) constitute a significant expense for the county or political subdivision and reflect an increase of at least 25 percent in the costs of holding an election as compared to the costs of the last general election held by the county or political subdivision before January 1, 2006. Not later than the 20th day after the date of receiving an application under this section, the secretary of state shall determine whether compliance with Section 61.012(a)(1)(C) is an undue burden for the county or political subdivision.
(d)iiA county or political subdivision that intends to use this section to provide fewer voting stations that meet the requirements for accessibility under 42 U.S.C. Section 15481(a)(3) than required by Section 61.012(a)(1)(C) must:
(1)iiprovide notice to the secretary of state of that intent not later than the 90th day before the date of the election; and
(2)iifor a county described by Subsection (a)(2), (3), or (4), or a political subdivision located in such a county, publish notice of the location of each voting station that meets the requirements for accessibility under 42 U.S.C. Section 15481(a)(3) in a newspaper of general circulation in the county or political subdivision not later than the 15th day before the date of the start of the period of early voting by personal appearance.
(e)iiFor purposes of this section, a political subdivision located in more than one county may choose:
(1)iito be considered located in the county that contains the greatest number of registered voters of the political subdivision; or
(2)iifor each portion of the political subdivision located in a different county, to be considered a separate political subdivision.
(f)iiThe secretary of state shall prescribe procedures and adopt rules as necessary to implement this section.
SECTIONi____.iiSubsection (b), Section 61.012, Election Code, is repealed.
HB 1168 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Pickett called up with senate amendments for consideration at this time,
HB 1168, A bill to be entitled An Act relating to licensing and regulation of certain facilities providing personal care to elderly or disabled persons; providing penalties.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6309
Representative Pickett moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 1168.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 1168: Menendez, chair; Kolkhorst, J.iDavis, Veasey, and McClendon.
HB 2300 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Paxton called up with senate amendments for consideration at this time,
HB 2300, A bill to be entitled An Act relating to the carrying of weapons by certain judges and justices and district and county attorneys.
Representative Paxton moved to concur in the senate amendments to HBi2300.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1857): 136 Yeas, 1 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Patrick; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Riddle; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Nays — Hodge.
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Burnam; Moreno; Parker; Pierson; Ritter; Straus.
6310 80th LEGISLATURE — REGULAR SESSION
STATEMENTS OF VOTE
When Record No. 1857 was taken, I was in the house but away from my desk. I would have voted yes.
Parker
When Record No. 1857 was taken, I was in the house but away from my desk. I would have voted yes.
Straus
Senate Amendment No. 1 (Senate Committee Amendment No. 1)
Amend HB 2300 (house engrossed version) as follows:
(1)iiIn SECTION 6 of the bill, in added Subdivision (7), Subsection (a), Section 46.15, Penal Code (page 6, line 3), strike ", and:" and substitute ".".
(2)iiIn SECTION 6 of the bill, strike added Paragraphs (A) and (B), Subdivision (7), Subsection (a), Section 46.15, Penal Code (page 6, lines 4 through 6).
HB 2605 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Hochberg called up with senate amendments for consideration at this time,
HB 2605, A bill to be entitled An Act relating to the existence of a common nuisance on premises for which certain alcoholic beverage permits or licenses are held or sought.
Representative Hochberg moved to concur in the senate amendments to HBi2605.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1858): 136 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6311
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Cohen; Flynn; Hardcastle; Moreno; Parker; Straus; Zedler.
STATEMENTS OF VOTE
When Record No. 1858 was taken, I was in the house but away from my desk. I would have voted yes.
Parker
When Record No. 1858 was taken, I was in the house but away from my desk. I would have voted yes.
Straus
Senate Committee Substitute
CSHB 2605, A bill to be entitled An Act relating to the existence of a common nuisance on premises for which certain alcoholic beverage permits or licenses are held or sought.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiTitle 3, Alcoholic Beverage Code, is amended by adding Subtitle C to read as follows:
SUBTITLE C. PROVISIONS APPLICABLE TO PERMITS AND LICENSES
CHAPTER 81. COMMON NUISANCE
Sec.i81.001.iiDEFINITION. In this chapter, "common nuisance" means a common nuisance as defined by Section 125.001, Civil Practice and Remedies Code, or by Section 101.70(a) of this code.
Sec.i81.002.iiAPPLICABILITY OF CHAPTER. This chapter applies only to a permit or license that authorizes the retail sale or service of alcoholic beverages for on-premises consumption of alcoholic beverages, other than a permit or license held with a food and beverage certificate.
Sec.i81.003.iiSUBMISSION OF INFORMATION BY CERTAIN OFFICIALS. For the purposes of Section 81.004 or 81.005, the district or county attorney of the county, the city attorney of the city, or the state senator or state representative representing the district in which the premises are located may provide information to the commission, administrator, or county judge, as appropriate, indicating that the holder of, or applicant for, a permit or license covering the premises has used or can reasonably be expected to use or allow others to use the premises in a manner that constitutes a common nuisance.
Sec.i81.004.iiAPPLICATION FOR ORIGINAL OR RENEWAL PERMIT OR LICENSE. The commission, administrator, or county judge, as applicable, may refuse to issue an original or renewal permit or license, after notice and an opportunity for a hearing, if the commission, administrator, or county judge finds
6312 80th LEGISLATURE — REGULAR SESSION
Sec.i81.005.iiCANCELLATION OR SUSPENSION OF PERMIT OR LICENSE. (a) The commission or administrator may suspend for not more than 60 days or cancel a permit or license if the commission or administrator finds, after notice and hearing, that the permit or license holder used or allowed others to use the permitted or licensed premises in a manner that constitutes a common nuisance.
(b)iiIf the commission or administrator receives information from an official under Section 81.003, the commission or administrator shall consider the information and, if the commission or administrator finds the information sufficient to indicate that cancellation or suspension under Subsection (a) may be appropriate, provide notice and hold a hearing under that subsection to determine whether to suspend or cancel the permit or license.
(c)iiNotwithstanding Section 11.64, the commission or administrator may not give a permit or license holder the opportunity to pay a civil penalty rather than have the permit or license suspended.
Sec.i81.006.iiORDER IMPOSING ADDITIONAL CONDITIONS ON PERMIT OR LICENSE HOLDER. (a) The commission, administrator, or county judge, as applicable, may, after notice and hearing under Section 81.004 or 81.005, issue an order imposing any condition on a permit or license holder that is reasonably necessary to abate a common nuisance on the premises.
(b)iiThe commission or administrator may suspend for not more than 60 days or cancel the permit or license of a permit or license holder who violates an order issued under this section. The commission or administrator may offer the permit or license holder the opportunity to pay a civil penalty rather than have the permit or license suspended.
Sec.i81.007.iiTEMPORARY ORDER DURING PENDENCY OF PROCEEDING. (a) Before holding a hearing and making a determination under Section 81.004 or 81.005, the commission, administrator, or county judge, as applicable, may, if there is evidence showing a reasonable likelihood that a common nuisance exists on the premises for which the permit or license is held or sought, issue an order imposing any condition on the permit or license holder or the applicant for the permit or license that is reasonably necessary to abate a common nuisance on the premises. An order issued under this section is effective until:
(1)iithe expiration of the time for appealing the determination under Section 81.004 or 81.005; or
(2)iiif the determination is appealed, until all appeals are finally decided.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6313
(b)iiA hearings officer or county judge may issue an order under this section on the hearings officer's or county judge's own motion or the motion of a person listed in Section 81.003 or, for an original or renewal permit or license application, any individual entitled to protest the issuance of the original or renewal permit or license.
(b-1)iiIf an individual other than a person described in Subsection (b) who is entitled to protest the issuance of the original or renewal permit or license files a motion for a temporary order under this section, the commission, administrator, or county judge, as applicable, may not issue a temporary order without conducting a hearing.
(c)iiThe hearings officer or county judge may impose any sanction on a person who violates an order issued under Subsection (a) that is necessary to secure compliance with the order.
(d)iiA hearing under this section must be held not later than the 10th day after the date notice is served on all interested parties. Failure to hold a hearing in the time prescribed by this subsection does not invalidate an order issued under this section.
(e)iiA person who requests an order under this section may not be required to post security for costs in connection with the application or any hearing conducted as a result of the application.
SECTIONi2.iiThe change in law made by Chapter 81, Alcoholic Beverage Code, as added by this Act, with respect to original or renewal license applications, applies only to an application filed on or after the effective date of this Act. An application filed before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose.
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, 2007.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 2605 in SECTION 1 of the bill, in added Section 81.003 "[, or
the state senator or state representative]".
HB 3554 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Isett called up with senate amendments for consideration at this time,
HB 3554, A bill to be entitled An Act relating to the program for the regulation and remediation of underground and aboveground storage tanks.
MESSAGE FROM THE SENATE
A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 4).
6314 80th LEGISLATURE — REGULAR SESSION
HB 3554 - (consideration continued)
Representative Isett moved to concur in the senate amendments to HBi3554.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1859): 133 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Eiland; Eissler; Elkins; England; Escobar; Farias; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Taylor; Thompson; Truitt; Turner; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Chavez; Dutton; Farabee; Farrar; Flores; Howard, C.; Moreno; Peña; Talton; Van Arsdale.
STATEMENT OF VOTE
When Record No. 1859 was taken, I was in the house but away from my desk. I would have voted yes.
Farabee
Senate Committee Substitute
CSHB 3554, A bill to be entitled An Act relating to the program for the regulation and remediation of underground and aboveground storage tanks.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 26.351, Water Code, is amended by amending Subsections (a) and (f) and adding Subsection (i) to read as follows:
(a)iiThe commission shall use risk-based corrective action [adopt rules
establishing the requirements] for taking corrective action in response to a release
from an underground or aboveground storage tank. Corrective action may
include:
(1)iisite cleanup, including the removal, treatment, and disposal of surface and subsurface contamination;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6315
(2)iiremoval of underground or aboveground storage tanks;
(3)iimeasures to halt a release in progress or to prevent future or threatened releases of regulated substances;
(4)iiwell monitoring, taking of soil borings, and any other actions reasonably necessary to determine the extent of contamination caused by a release;
(5)iiproviding alternate water supplies; and
(6)iiany other action reasonably necessary to protect the public health and safety or the environment from harm or threatened harm due to releases of regulated substances from underground or aboveground storage tanks.
(f)iiThe person performing corrective action under this section, if the release was reported to the commission on or before December 22, 1998, shall meet the following deadlines:
(1)iia complete site assessment and risk assessment (including, but not limited to, risk-based criteria for establishing target concentrations), as determined by the executive director, must be received by the agency no later than September 1, 2002;
(2)iia complete corrective action plan, as determined by the executive director and including, but not limited to, completion of pilot studies and recommendation of a cost-effective and technically appropriate remediation methodology, must be received by the agency no later than September 1, 2003. The person may, in lieu of this requirement, submit by this same deadline a demonstration that a corrective action plan is not required for the site in question under commission rules. Such demonstration must be to the executive director's satisfaction;
(3)iifor those sites found under Subdivision (2) to require a corrective action plan, that plan must be initiated and proceeding according to the requirements and deadlines in the approved plan no later than March 1, 2004;
(4)iifor sites which require either a corrective action plan or groundwater monitoring, a comprehensive and accurate annual status report concerning those activities must be submitted to the agency;
(5)iifor sites which require either a corrective action plan or groundwater monitoring, all deadlines set by the executive director concerning the corrective action plan or approved groundwater monitoring plan shall be met; and
(6)iifor sites that require either a corrective action plan or groundwater
monitoring, have met all other deadlines under this subsection, and have
submitted annual progress reports that demonstrate progress toward meeting
closure requirements, a site closure request must be submitted to the executive
director no later than September 1, 2011 [2007]. The request must be complete,
as judged by the executive director.
(i)iiThe commission shall by rule define "risk-based corrective action" for purposes of this section.
SECTIONi2.iiSections 26.3573(d), (e), (r-1), and (s), Water Code, are amended to read as follows:
6316 80th LEGISLATURE — REGULAR SESSION
(d)iiThe commission may use the money in the petroleum storage tank remediation account to pay:
(1)iinecessary expenses associated with the administration of the petroleum storage tank remediation account and the groundwater protection cleanup program;
(2)iiexpenses associated with investigation, cleanup, or corrective action
measures performed in response to a release or threatened release from a
petroleum storage tank, whether those expenses are incurred by the commission
or pursuant to a contract between a contractor and an eligible owner or operator
as authorized by this subchapter; [and]
(3)iisubject to the conditions of Subsection (f) [(e)], expenses associated
with investigation, cleanup, or corrective action measures performed in response
to a release or threatened release of hydraulic fluid or spent oil from hydraulic lift
systems or tanks located at a vehicle service and fueling facility and used as part
of the operations of that facility; and
(4)iiexpenses associated with assuring compliance with the commission's applicable underground or aboveground storage tank administrative and technical requirements, including technical assistance and support, inspections, enforcement, and the provision of matching funds for grants.
(e)iiTo consolidate appropriations, the commission may transfer from the
petroleum storage tank remediation account to the waste management account an
amount equal to the amounts authorized under Subsections [Subsection] (d)(1)
and (4), subject to the requirements of those subsections [that subsection].
(r-1)iiIn this subsection, "state-lead program" means the petroleum storage
tank state-lead program administered by the commission. The executive director
shall grant an extension for corrective action reimbursement to a person who is an
eligible owner or operator under Section 26.3571. The petroleum storage tank
remediation account may be used to reimburse an eligible owner or operator for
corrective action performed under an extension before August 31, 2011 [2007].
Not later than July 1, 2011 [2007], an eligible owner or operator who is granted
an extension under this subsection may apply to the commission in writing using
a form provided by the commission to have the site subject to corrective action
placed in the state-lead program. The eligible owner or operator must agree in the
application to allow site access to state personnel and state contractors as a
condition of placement in the state-lead program under this subsection. On
receiving the application for placement in the state-lead program under this
subsection, the executive director by order shall place the site in the state-lead
program until the corrective action is completed to the satisfaction of the
commission. An eligible owner or operator of a site that is placed in the state-lead
program under this subsection is not liable to the commission for any costs
related to the corrective action.
(s)iiThe petroleum storage tank remediation account may not be used to
reimburse any person for corrective action contained in a reimbursement claim
filed with the commission after March 1, 2012 [2008].
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6317
SECTIONi3.iiSection 26.3574(b), Water Code, is amended to read as follows:
(b)iiA fee is imposed on the delivery of a petroleum product on withdrawal from bulk of that product as provided by this subsection. Each operator of a bulk facility on withdrawal from bulk of a petroleum product shall collect from the person who orders the withdrawal a fee in an amount determined as follows:
(1)ii[$12.50 for each delivery into a cargo tank having a capacity of less
than 2,500 gallons for the state fiscal year beginning September 1, 2001, and the
state fiscal year beginning September 1, 2002; and] $10.00 for each delivery into
a cargo tank having a capacity of less than 2,500 gallons for the state fiscal year
beginning September 1, 2003, through the state fiscal year ending August 31,
2009, and $3.75 for each delivery into a cargo tank having a capacity of less than
2,500 gallons for the state fiscal year beginning September 1, 2009, through the
state fiscal year ending August 31, 2011 [2007];
(2)ii[$25.00 for each delivery into a cargo tank having a capacity of
2,500 gallons or more but less than 5,000 gallons for the state fiscal year
beginning September 1, 2001, and the state fiscal year beginning September 1,
2002; and] $20.00 for each delivery into a cargo tank having a capacity of 2,500
gallons or more but less than 5,000 gallons for the state fiscal year beginning
September 1, 2003, through the state fiscal year ending August 31, 2009, and
$7.50 for each delivery into a cargo tank having a capacity of 2,500 gallons or
more but less than 5,000 gallons for the state fiscal year beginning September 1,
2009, through the state fiscal year ending August 31, 2011 [2007];
(3)ii[$37.50 for each delivery into a cargo tank having a capacity of
5,000 gallons or more but less than 8,000 gallons for the state fiscal year
beginning September 1, 2001, and the state fiscal year beginning September 1,
2002; and] $30.00 for each delivery into a cargo tank having a capacity of 5,000
gallons or more but less than 8,000 gallons for the state fiscal year beginning
September 1, 2003, through the state fiscal year ending August 31, 2009, and
$11.75 for each delivery into a cargo tank having a capacity of 5,000 gallons or
more but less than 8,000 gallons for the state fiscal year beginning September 1,
2009, through the state fiscal year ending August 31, 2011 [2007];
(4)ii[$50.00 for each delivery into a cargo tank having a capacity of
8,000 gallons or more but less than 10,000 gallons for the state fiscal year
beginning September 1, 2001, and the state fiscal year beginning September 1,
2002; and] $40.00 for each delivery into a cargo tank having a capacity of 8,000
gallons or more but less than 10,000 gallons for the state fiscal year beginning
September 1, 2003, through the state fiscal year ending August 31, 2009, [2007;]
and $15.00 for each delivery into a cargo tank having a capacity of 8,000 gallons
or more but less than 10,000 gallons for the state fiscal year beginning September
1, 2009, through the state fiscal year ending August 31, 2011; and
(5)ii[a $25.00 fee for each increment of 5,000 gallons or any part thereof
delivered into a cargo tank having a capacity of 10,000 gallons or more for the
state fiscal year beginning September 1, 2001, and the state fiscal year beginning
September 1, 2002; and] $20.00 for each increment of 5,000 gallons or any part
thereof delivered into a cargo tank having a capacity of 10,000 gallons or more
6318 80th LEGISLATURE — REGULAR SESSION
SECTIONi4.iiSections 26.358(d), (f), and (g), Water Code, are amended to read as follows:
(d)iiThe commission shall impose an annual facility fee on a facility that operates one or more underground or aboveground storage tanks if the fee charged under Section 26.3574 is discontinued. The commission may also impose reasonable interest and penalties for late payment of the fee as provided by commission rule. The commission may establish a fee schedule that will generate an amount of money sufficient to fund the commission's budget for the regulatory program regarding underground and aboveground storage tanks authorized by this subchapter.
(f)iiThe amount of an [maximum] annual fee that the commission may
impose on a facility under Subsection (d) is equal to the amount set by the
commission [is $25] for each aboveground storage tank and [$50] for each
underground storage tank operated at the facility.
(g)iiThe commission shall collect any [the] fees imposed under this section
on dates set by commission rule. The period between collection dates may not
exceed two years.
SECTIONi5.iiSection 26.361, Water Code, is amended to read as follows:
Sec.i26.361. EXPIRATION OF REIMBURSEMENT PROGRAM.
Notwithstanding any other provision of this subchapter, the reimbursement
program established under this subchapter expires September 1, 2012 [2008]. On
or after September 1, 2012 [2008], the commission may not use money from the
petroleum storage tank remediation account to reimburse an eligible owner or
operator for any expenses of corrective action or to pay the claim of a person who
has contracted with an eligible owner or operator to perform corrective action.
SECTIONi6.ii(a) Section 26.3573(r-1), Water Code, as amended by this Act, takes effect immediately if this Act 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, Section 26.3573(r-1), Water Code, as amended by this Act, takes effect August 27, 2007.
(b)iiExcept as provided by Subsection (a) of this section, this Act takes effect September 1, 2007.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 3554 by striking all below the enacting clause and substituting:
SECTION 1. Section 26.351, Water Code, is amended by amending Subsections (a) and (f) and adding Subsection (i) to read as follows:
(a) The commission shall use risk-based corrective action [adopt rules
establishing the requirements] for taking corrective action in response to a release
from an underground or aboveground storage tank. Correct action may include:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6319
(1) site cleanup, including the removal, treatment, and disposal of surface and subsurface contamination;
(2) removal of underground or aboveground storage tanks;
(3) measures to halt a release in progress or to prevent future or threatened releases of regulated substances;
(4) well monitoring, taking of soil borings, and any other actions reasonably necessary to determine the extent of contamination caused by a release;
(5) providing alternate water supplies; and
(6) any other action reasonably necessary to protect the public health and safety or the environment from harm or threatened harm due to releases of regulated substances from underground or aboveground storage tanks.
(f) The person performing corrective action under this section, if the release was reported to the commission on or before December 22, 1998, shall meet the following deadlines:
(1) a complete site assessment and risk assessment (including, but not limited to, risk-based criteria for establishing target concentrations), as determined by the executive director, must be received by the agency no later than September 1, 2002;
(2) a complete corrective action plan, as determined by the executive director and including, but not limited to, completion of pilot studies and recommendation of a cost-effective and technically appropriate remediation methodology, must be received by the agency no later than September 1, 2003. The person may, in lieu of this requirement, submit by this same deadline a demonstration that a corrective action plan is not required for the site in question under commission rules. Such demonstration must be to the executive director's satisfaction;
(3) for those sites found under Subdivision (2) to require a corrective action plan, that plan must be initiated and proceeding according to the requirements and deadlines in the approved plan no later than March 1, 2004;
(4) for sites which require either a corrective action plan or groundwater monitoring, a comprehensive and accurate annual status report concerning those activities must be submitted to the agency;
(5) for sites which require either a corrective action plan or groundwater monitoring, all deadlines set by the executive director concerning the corrective action plan or approved groundwater monitoring plan shall be met; and
(6) for sites that require either a corrective action plan or groundwater
monitoring, have met all other deadlines under this subsection, and have
submitted annual progress reports that demonstrate progress toward meeting
closure requirements, a site closure request must be submitted to the executive
director no later than September 1, 2011 [2007]. The request must be complete,
as judged by the executive director.
(i) The commission shall by rule define "risk-based corrective action" for purposes of this section.
SECTION 2. Sections 26.3573(d), (e), (r-1), and (s), Water Code, are amended to read as follows:
6320 80th LEGISLATURE — REGULAR SESSION
(d) The commission may use the money in the petroleum storage tank remediation account to pay:
(1) necessary expenses associated with the administration of the petroleum storage tank remediation account and the groundwater protection cleanup program;
(2) expenses associated with investigation, cleanup, or corrective action
measures performed in response to a release or threatened release from a
petroleum storage tank, whether those expenses are incurred by the commission
or pursuant to a contract between a contractor and an eligible owner or operator
as authorized by this subchapter; [and]
(3) subject to the conditions of Subsection (f) [(c)], expenses associated
with investigation, cleanup, or corrective action measures performed in response
to a release or threatened release of hydraulic fluid or spent oil from hydraulic lift
systems or tanks located at a vehicle service and fueling facility and used as part
of the operations of that facility; and
(4) expenses associated with assuring compliance with the commission's applicable underground or aboveground storage tank administrative and technical requirements, including technical assistance and support, inspections, enforcement, and the provision of matching funds for grants.
(e) To consolidate appropriations, the commission may transfer from the
petroleum storage tank remediation account to the waste management account an
amount equal to the amounts authorized under Subsections [Subsection] (d) (1)
and (4), subject to the requirements of those subsections [that subsection].
(r-1) In this subsection, "state-lead program" means the petroleum storage
tank state-lead program administered by the commission. The executive director
shall grant an extension for corrective action reimbursement to a person who is an
eligible owner or operator under Section 26.3571. The petroleum storage tank
remediation account may be used to reimburse an eligible owner or operator for
corrective action performed under an extension before August 31, 2011 [2007].
Not later than July 1, 2011 [2007], an eligible owner or operator who is granted
an extension under this subsection may apply to the commission in writing using
a form provided by the commission to have the site subject to corrective action
placed in the state-lead program. The eligible owner or operator must agree in the
application to allow site access to state personnel and state contractors as a
condition of placement in the state-lead program under this subsection. On
receiving the application for placement in the state-lead program under this
subsection, the executive director by order shall place the site in the state-lead
program until the corrective action is completed to the satisfaction of the
commission. An eligible owner or operator of a site that is placed in the state-lead
program under this subsection is not liable to the commission for any costs
related to the corrective action.
(s) The petroleum storage tank remediation account may not be used to
reimburse any person for corrective action contained in a reimbursement claim
filed with the commission after March 1, 2012 [2008].
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6321
SECTION 3. Section 26.3574(b), Water Code, is amended to read as follows:
(b) A fee is imposed on the delivery of a petroleum product on withdrawal from bulk of that product as provided by this subsection. Each operator of a bulk facility on withdrawal from bulk of a petroleum product shall collect from the person who orders the withdrawal a fee in an amount determined as follows:
(1) $3.75 [$12.50] for each delivery into a cargo tank having a capacity
of less that 2,500 gallons for the state fiscal year beginning September 1, 2007 [
2001, and the state fiscal year beginning September 1, 2002; and $10.00 for each
delivery into a cargo tank having a capacity of less than 2,500 gallons for the
state fiscal year beginning September 1, 2003], through the state fiscal year
ending August 31, 2011 [2007];
(2) $7.50 [$25.00] for each delivery into a cargo tank having a capacity
of 2,500 gallons or more but less than 5,000 gallons for the state fiscal year
beginning September 1, 2007 [2001, and the state fiscal year beginning
September 1, 2002, and $20.00 for each delivery into a cargo tank having a
capacity of 2,500 gallons or more but less than 5,000 gallons for the state fiscal
year beginning September 1, 2003], through the state fiscal year ending August
31, 2011 [2007];
(3) $11.75 [$37.50] for each delivery into a cargo tank having a capacity
of 5,000 gallons or more but less than 8,000 gallons for the state fiscal year
beginning September 1, 2007 [2001, and the state fiscal year beginning
September 1, 2002; and $30.00 for each delivery into a cargo tank having a
capacity of 5,000 gallons or more but less than 8,000 gallons for the state fiscal
year beginning September 1, 2003], through the state fiscal year ending August
31, 2011 [2007];
(4) $15.00 [$50.00] for each delivery into a cargo tank having a capacity
of 8,000 gallons or more but less than 10,000 gallons for the state fiscal year
beginning September 1, 2007 [2001, and the state fiscal year beginning
September 1, 2002; and $40.00 for each delivery into a cargo tank having a
capacity of 8,000 gallons or more but less than 10,000 gallons for the state fiscal
year beginning September 1, 2003], through the state fiscal year ending August
31, 2011 [2007]; and
(5) $7.50 [a $25.00 fee] for each increment of 5,000 gallons or any part
thereof delivered into a cargo tank having a capacity of 10,000 gallons or more
for the state fiscal year beginning September 1, 2007 [2001, and the state fiscal
year beginning September 1, 2002, and $20.00 for each increment of 5,000
gallons or any part thereof delivered into a cargo tank having a capacity of 10,000
gallons or more for the state fiscal year beginning September 1, 2003], through
the state fiscal year ending August 31, 2011 [2007].
SECTION 4. Sections 26.358(d), (f), and (g), Water Code, are amended to read as follows:
(d) The commission shall impose an annual facility fee on a facility that operates one or more underground or aboveground storeage tanks if the fee charged under Section 26.3574 is discontinued. The commission may also impose reasonable interest and penalties for late payment of the fee as provided
6322 80th LEGISLATURE — REGULAR SESSION
(f) The amount of an [maximum] annual fee that the commission may
impose on a facility under Subsection (d) is equal to the amount set by the
commission [is $25] for each aboveground storage tank and [$50] for each
underground storage tank operated at the facility.
(g) The commission shall collect any [the] fees imposed under this section
on dates set by commission rule. The period between collection dates may not
exceed two years.
SECTION 5. Section 26.361, Water Code, is amended to read as follows:
Sec. 26.361. EXPIRATION OF REIMBURSEMENT PROGRAM.
Notwithstanding any other provision of this subchapter, the reimbursement
program established under this subchapter expires September 1, 2012 [2008]. On
or after September 1, 2012 [2008], the commission may not use money from the
petroleum storage tank remediation account to reimburse an eligible owner or
operator for any expenses of corrective action or to pay the claim of a person who
has contracted with an eligible owner or operator to perform corrective action.
SECTION 6. Notwithstanding any other provision of this Act, Section 26.3573(r-1), Water Code, as amended by this Act, takes effect immediately if this Act 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, Section 26.3573(r-1), Water Code, as amended by this Act, takes effect August 27, 2007.
HB 3630 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Van Arsdale called up with senate amendments for consideration at this time,
HB 3630, A bill to be entitled An Act relating to the appraisal for ad valorem tax purposes of a parcel of land that is used for single-family residential purposes and is contiguous to a parcel of agricultural or open-space land owned by the same person.
Representative Van Arsdale moved to concur in the senate amendments to HBi3630.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1860): 139 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6323
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Farabee; Hochberg; Moreno; Peña.
STATEMENT OF VOTE
When Record No. 1860 was taken, I was in the house but away from my desk. I would have voted yes.
Farabee
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 3630 (House committee printing) by adding the following SECTION to the bill, appropriately numbered, and renumbering existing SECTIONS accordingly:
SECTIONi____.iiSection 23.51(2), Tax Code, is amended to read as follows:
(2)ii"Agricultural use" includes but is not limited to the following
activities: cultivating the soil, producing crops for human food, animal feed, or
planting seed or for the production of fibers; floriculture, viticulture, and
horticulture; raising or keeping livestock; raising or keeping exotic animals for
the production of human food or of fiber, leather, pelts, or other tangible products
having a commercial value; [and] planting cover crops or leaving land idle for the
purpose of participating in a [any] governmental program, provided the land is
not used for residential purposes or a purpose inconsistent with agricultural use;
and planting cover crops or leaving land idle in conjunction with [or] normal crop
or livestock rotation procedure. The term also includes the use of land to produce
or harvest logs and posts for the use in constructing or repairing fences, pens,
barns, or other agricultural improvements on adjacent qualified open-space land
having the same owner and devoted to a different agricultural use. The term also
includes the use of land for wildlife management.
6324 80th LEGISLATURE — REGULAR SESSION
Senate Amendment No. 2 (Senate Floor Amendment No. 2)
Amend HB 3630 (Senate committee printing) by adding the following SECTION to the bill, appropriately numbered, and renumbering subsequent SECTIONS accordingly:
SECTIONi____.ii(a) Section 26.06(b), Tax Code, as amended by Chapter 807, Acts of the 79th Legislature, Regular Session, 2005, is amended to read as follows:
(b)iiThe notice of a public hearing may not be smaller than one-quarter page
of a standard-size or a tabloid-size newspaper, and the headline on the notice
must be in 24-point or larger type. The notice must [:
[(1)]iicontain a statement in the following form:
"NOTICE OF PUBLIC HEARING ON TAX INCREASE
"The (name of the taxing unit) will hold two [a] public hearings [hearing] on
a proposal to increase total tax revenues from properties on the tax roll in the
preceding tax year by (percentage by which proposed tax rate exceeds lower of
rollback tax rate or effective tax rate calculated under this chapter) percent. Your
individual taxes may increase at a greater or lesser rate, or even decrease,
depending on the change in the taxable value of your property in relation to the
change in taxable value of all other property and the tax rate that is adopted.
"The first public hearing will be held on (date and time) at (meeting place).
"The second public hearing will be held on (date and time) at (meeting place).
"(Names of all members of the governing body, showing how each voted on the proposal to consider the tax increase or, if one or more were absent, indicating the absences.)
"The average taxable value of a residence homestead in (name of taxing unit) last year was $iiii(average taxable value of a residence homestead in the taxing unit for the preceding tax year, disregarding residence homestead exemptions available only to disabled persons or persons 65 years of age or older). Based on last year's tax rate of $iiii(preceding year's adopted tax rate) per $100 of taxable value, the amount of taxes imposed last year on the average home was $iiii(tax on average taxable value of a residence homestead in the taxing unit for the preceding tax year, disregarding residence homestead exemptions available only to disabled persons or persons 65 years of age or older).
"The average taxable value of a residence homestead in (name of taxing unit) this year is $iiii(average taxable value of a residence homestead in the taxing unit for the current tax year, disregarding residence homestead exemptions available only to disabled persons or persons 65 years of age or older). If the governing body adopts the effective tax rate for this year of $iiii(effective tax rate) per $100 of taxable value, the amount of taxes imposed this year on the average home would be $iiii(tax on average taxable value of a residence homestead in the taxing unit for the current tax year, disregarding residence homestead exemptions available only to disabled persons or persons 65 years of age or older).
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6325
"If the governing body adopts the proposed tax rate of $iiii(proposed tax rate) per $100 of taxable value, the amount of taxes imposed this year on the average home would be $iiii(tax on the average taxable value of a residence in the taxing unit for the current year disregarding residence homestead exemptions available only to disabled persons or persons 65 years of age or older).
"Members of the public are encouraged to attend the hearings and express
their views."[; and
[(2)iicontain the following information:
[(A)iia section entitled "Comparison of Proposed Budget with Last
Year's Budget," which must show the difference, expressed as a percent increase
or decrease, as applicable, in the amount budgeted in the preceding fiscal year
and the amount budgeted for the fiscal year that begins in the current tax year for
each of the following:
[(i)iimaintenance and operations;
[(ii)iidebt service; and
[(iii)iitotal expenditures;
[(B)iia section entitled "Total Appraised Value and Total Taxable
Value," which must show the total appraised value and the total taxable value of
all property and the total appraised value and the total taxable value of new
property taxable by the unit in the preceding tax year and the current tax year as
calculated under Section 26.04;
[(C)iithe total amount of the outstanding and unpaid bonded
indebtedness of the taxing unit;
[(D)iithe unit's adopted tax rate for the preceding tax year and the
proposed tax rate, expressed as an amount per $100;
[(E)iithe difference, expressed as an amount per $100 and as a
percent increase or decrease, as applicable, in the proposed tax rate compared to
the adopted tax rate for the preceding tax year;
[(F)iithe average appraised value of a residence homestead in the
taxing unit in the preceding tax year and in the current tax year; the unit's
homestead exemption, other than an exemption available only to disabled persons
or persons 65 years of age or older, applicable to that appraised value in each of
those years; and the average taxable value of a residence homestead in the unit in
each of those years, disregarding any homestead exemption available only to
disabled persons or persons 65 years of age or older;
[(G)iithe amount of tax that would have been imposed by the unit in
the preceding tax year on a residence homestead appraised at the average
appraised value of a residence homestead in that year, disregarding any
homestead exemption available only to disabled persons or persons 65 years of
age or older;
[(H)iithe amount of tax that would be imposed by the unit in the
current tax year on a residence homestead appraised at the average appraised
value of a residence homestead in the current tax year, disregarding any
homestead exemption available only to disabled persons or persons 65 years of
age or older, if the proposed tax rate is adopted; and
6326 80th LEGISLATURE — REGULAR SESSION
[(I)iithe difference between the amounts of tax calculated under
Paragraphs (G) and (H), expressed in dollars and cents and described as the
annual increase or decrease, as applicable, in the tax to be imposed by the unit on
the average residence homestead in the unit in the current tax year if the proposed
tax rate is adopted.]
(b)iiSection 26.06(d), Tax Code, is amended to read as follows:
(d)iiAt the public hearings the governing body shall announce the date, time, and place of the meeting at which it will vote on the proposed tax rate. After each hearing the governing body shall give notice of the meeting at which it will vote on the proposed tax rate and the notice shall be in the same form as prescribed by Subsections (b) and (c), except that it must state the following:
"NOTICE OF [VOTE ON] TAX REVENUE INCREASE [RATE]
"The (name of the taxing unit) conducted public hearings on (date of first
hearing) and (date of second hearing) on a proposal to increase the total tax
revenues of the (name of the taxing unit) from properties on the tax roll in the
preceding year by (percentage by which proposed tax rate exceeds lower of
rollback tax rate or effective tax rate calculated under this chapter) percent [on
(dates and times public hearings were conducted)].
"The total tax revenue proposed to be raised last year at last year's tax rate of (insert tax rate for the preceding year) for each $100 of taxable value was (insert total amount of taxes imposed in the preceding year).
"The total tax revenue proposed to be raised this year at the proposed tax rate of (insert proposed tax rate) for each $100 of taxable value, excluding tax revenue to be raised from new property added to the tax roll this year, is (insert amount computed by multiplying proposed tax rate by the difference between current total value and new property value).
"The total tax revenue proposed to be raised this year at the proposed tax rate of (insert proposed tax rate) for each $100 of taxable value, including tax revenue to be raised from new property added to the tax roll this year, is (insert amount computed by multiplying proposed tax rate by current total value).
"The (governing body of the taxing unit) is scheduled to vote on the tax rate
that will result in that tax increase at a public meeting to be held on (date of
meeting) at (location of meeting, including mailing address) at (time of meeting
[and time) at (meeting place])."
(c)iiSection 26.06(b), Tax Code, as amended by Chapter 1368, Acts of the 79th Legislature, Regular Session, 2005, is repealed.
Senate Amendment No. 3 (Senate Floor Amendment No. 3)
Amend HB 3630 (Senate committee printing) by adding the following SECTION to the bill, appropriately numbered, and renumbering subsequent SECTIONS accordingly:
SECTIONi____.iiSection 25.19, Tax Code, is amended by adding Subsection (b-2) and amending Subsection (d) to read as follows:
(b-2)iiThis subsection applies only to a notice of appraised value for residential real property that has not qualified for a residence homestead exemption in the current tax year. If the records of the appraisal district indicate that the address of the property is also the address of the owner of the property, in
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6327
(d)iiFailure to receive a [the] notice required by this section does not affect
the validity of the appraisal of the property, the imposition of any tax on the basis
of the appraisal, the existence of any tax lien, the deadline for filing an
application for a residence homestead exemption, or any proceeding instituted to
collect the tax.
Senate Amendment No. 4 (Senate Floor Amendment No. 4)
Amend HB 3630 (Senate committee printing) by adding the following SECTION to the bill, appropriately numbered, and renumbering existing SECTIONS of the bill accordingly:
SECTIONi____.iiSection 23.42, Tax Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:
(a)iiExcept as provided by Subsection (a-1), an [An] individual is entitled to
have land he owns designated for agricultural use if, on January 1:
(1)iithe land has been devoted exclusively to or developed continuously for agriculture for the three years preceding the current year;
(2)iithe individual [he] is using and intends to use the land for
agriculture as an occupation or a business venture for profit during the current
year; and
(3)iiagriculture is the individual's [his] primary occupation and primary
source of income.
(a-1) On or after January 1, 2008, an individual is not entitled to have land designated for agricultural use if the land secures a home equity loan described by Section 50(a)(6), Article XVI, Texas Constitution.
HB 3699 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative McCall called up with senate amendments for consideration at this time,
HB 3699, A bill to be entitled An Act relating to the management of public school land and the investment of the permanent school fund.
6328 80th LEGISLATURE — REGULAR SESSION
Representative McCall moved to concur in the senate amendments to HBi3699.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1861): 135 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farias; Farrar; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; O'Day; Oliveira; Olivo; Orr; Ortiz; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Bohac; Farabee; Flores; Laubenberg; McClendon; Moreno; Noriega; Otto.
STATEMENT OF VOTE
When Record No. 1861 was taken, I was in the house but away from my desk. I would have voted yes.
Farabee
Senate Committee Substitute
CSHB 3699, A bill to be entitled An Act relating to the management of public school lad and the investment of the permanent school fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSections 51.011(a) and (a-1), Natural Resources Code, are amended to read as follows:
(a)iiAny land, mineral or royalty interest, real estate investment, or other interest, including revenue received from those sources, that is set apart to the permanent school fund under the constitution and laws of this state together with the mineral estate in riverbeds, channels, and the tidelands, including islands,
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6329
(a-1)iiThe board may acquire, sell, lease, trade, improve, maintain, protect,
or otherwise manage, control, or use land, mineral and royalty interests, real
estate investments, or other interests, including revenue received from those
sources, that are [is] set apart to the permanent school fund in any manner, at such
prices, and under such terms and conditions as the board finds to be in the best
interest of the fund.
SECTIONi2.iiSection 51.121(b), Natural Resources Code, is amended to read as follows:
(b)iiImprovements [Commercial improvements] on land leased under
Subsection (a) [of this section] shall be removed prior to the expiration of the
lease unless the commissioner determines it to be in the best interest of the state
that removal of the improvements not be required and includes a provision in the
terms and conditions of the lease [a renewal or an extension of the lease has been
finalized prior to the expiration of the term of the lease. If commercial
improvements are not removed prior to the expiration of the lease and if there has
been no renewal or extension prior to the expiration of the lease, then the
commercial] that the improvements on the land shall become property of the state
upon termination or expiration of the lease.
SECTIONi3.iiThe heading to Section 51.401, Natural Resources Code, is amended to read as follows:
Sec.i51.401iiREAL ESTATE SPECIAL FUND ACCOUNT.
SECTIONi4.iiSections 51.401(a) and (b), Natural Resources Code, are amended to read as follows:
(a)iiThe board may designate funds received from any land, mineral or
royalty interest, real estate investment, or other interest, including revenue
received from those sources, that is set apart to the permanent school fund under
the constitution and laws of this state together with the mineral estate in
riverbeds, channels, and the tidelands, including islands, [the sale of permanent
school fund land under this chapter and the proceeds of future mineral leases and
royalties generated from existing and future leases of permanent school fund
mineral interests received under Chapters 52 and 53] for deposit in the real estate
[a] special fund account of the permanent school fund in the State Treasury to be
used by the board as provided by this subchapter.
(b)iiThe real estate special fund account must be an interest-bearing account, and the interest received on the account shall be deposited in the State Treasury to the credit of the real estate special fund account of the permanent school fund.
SECTIONi5.iiSection 51.402, Natural Resources Code, is amended by amending Subsections (a) and (b) and adding Subsection (b-1) to read as follows:
(a)iiThe board may use the money designated under Section 51.401 for any of the following purposes:
(1)iito add to a tract of public school land to form a tract of sufficient size to be manageable;
(2)iito add contiguous land to public school land;
6330 80th LEGISLATURE — REGULAR SESSION
(3)iito acquire, as public school land, interests in real property for biological, commercial, geological, cultural, or recreational purposes;
(4)iito acquire mineral and royalty interests for the use and benefit of the permanent school fund;
(5)iito protect, maintain, or enhance the value of public school land;
(6)iito acquire interests in real estate;[ or]
(7)iito pay reasonable fees for professional services related to a permanent school fund investment; or
(8)iito acquire, sell, lease, trade, improve, maintain, protect, or use land, mineral and royalty interests, or real estate investments, an investment or interest in public infrastructure, or other interests, at such prices and under such terms and conditions the board determines to be in the best interest of the permanent school fund.
(b)iiBefore using funds under Subsection (a), the board must determine, using the prudent investor standard, that the use of the funds for the intended purpose is authorized by Subsection (a) and in the best interest of the permanent school fund. A determination by the board on the use of funds under this section is conclusive unless the determination was made as a result of fraud or obvious error.
(b-1)iiThe board may confer with one or more employees of the board or with a third party regarding an investment or potential investment in real estate, including the acquisition or potential acquisition of interests in real estate, to the extent permitted to the board of trustees of the Texas growth fund under Section 551.075, Government Code.
SECTIONi6.iiSection 51.4021, Natural Resources Code, is amended to read as follows:
Sec.i51.4021.iiAPPOINTMENT OF SPECIAL FUND MANAGERS, INVESTMENT CONSULTANTS, OR ADVISORS. (a)iiThe board may appoint investment managers, consultants, or advisors to invest or assist the board in investing the money designated under Section 51.401 by contracting for professional investment management or investment advisory services with one or more organizations that are in the business of managing or advising on the management of real estate investments.
(b)iiTo be eligible for appointment under this section, an investment
manager, consultant, or advisor shall agree to abide by the [must be:
[(1)iiregistered under the Investment Advisers Act of 1940 (15 U.S.C.
Section 80b-1 et seq.);
[(2)iia bank as defined by that Act; or
[(3)iian insurance company qualified to perform real estate investment
services under the laws of more than one state.
[(c)iiIn a contract under this section, the board shall specify any] policies,
requirements, or restrictions, including ethical standards and disclosure policies
and criteria for determining the quality of investments and for the use of standard
rating services, that the board adopts for real estate investments of the permanent
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6331
(c)i[(d)]iiCompensation paid to an investment manager, consultant, or
advisor by the board must be consistent with the compensation standards of the
investment industry and compensation paid by similarly situated institutional
investors.
(d)i[(e)]iiChapter 2263, Government Code, applies to investment managers,
consultants, or advisors appointed under this section. The board by rule shall
adopt standards of conduct for investment managers, consultants, or advisors
appointed under this section as required by Section 2263.004, Government Code,
and shall implement the disclosure requirements of Section 2263.005 of that
code.
SECTIONi7.iiSection 51.412(a), Natural Resources Code, is amended to read as follows:
(a)iiNot later than September 1 of each even-numbered year, the board shall submit to the legislature a report that, specifically and in detail, assesses the direct and indirect economic impact, as anticipated by the board, of the investment of funds designated under Section 51.401 for deposit in the real estate special fund account of the permanent school fund. The board may not disclose information under this section that is confidential under applicable state or federal law. The report must include the following information:
(1)iithe total amount of money designated by Section 51.401 for deposit in the real estate special fund account of the permanent school fund that the board intends to invest;
(2)iithe rate of return the board expects to attain on the investment;
(3)iithe amount of money the board expects to distribute to the available school fund or the State Board of Education for investment in the permanent school fund after making the investments;
(4)iithe distribution of the board's investments by county;
(5)iithe effect of the board's investments on the level of employment, personal income, and capital investment in the state; and
(6)iiany other information the board considers necessary to include in the report.
SECTIONi8.iiSubchapter I, Chapter 51, Natural Resources Code, is amended by adding Section 51.413 to read as follows:
Sec.i51.413.iiTRANSFERS FROM THE REAL ESTATE SPECIAL FUND ACCOUNT TO THE AVAILABLE SCHOOL FUND AND THE PERMANENT SCHOOL FUND. The board may, by a resolution adopted at a regular meeting, release from the real estate special fund account funds previously designated under Section 51.401 of this chapter or managed, used or encumbered under Section 51.402 or Section 51.4021 of this chapter to be deposited in the State Treasury to the credit of:
(a)iithe available school fund; or
(b)iithe State Board of Education for investment in the permanent school fund.
6332 80th LEGISLATURE — REGULAR SESSION
SECTIONi9.iiChapter 43, Education Code, is amended to add a new section 43.0051 that reads as follows:
§i43.0051.iiTRANSFERS TO REAL ESTATE SPECIAL FUND ACCOUNT OF THE PERMANENT SCHOOL FUND. The State Board of Education may transfer funds from the portion of the permanent school fund managed by the State Board of Education to the real estate special fund account of the permanent school fund if the State Board of Education determines, using the standard of care set forth in subsection (f), Section 5, Article VII, Texas Constitution, that such transfer is in the best interest of the permanent school fund.
SECTIONi10.iiSections 51.401(c) and (d), Natural Resources Code, are repealed.
SECTIONi11.iiThis Act takes effect immediately if this Act 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, 2007.
HB 470 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Rodriguez called up with senate amendments for consideration at this time,
HB 470, A bill to be entitled An Act relating to the creation, operation, management, and programs of homestead preservation districts.
Representative Rodriguez moved to concur in the senate amendments to HBi470.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1862): 139 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farias; Farrar; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6333
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Farabee; Flores; McClendon; Moreno.
STATEMENT OF VOTE
When Record No. 1862 was taken, I was in the house but away from my desk. I would have voted yes.
Farabee
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 470 (Senate Committee Printing) as follows:
(1)iiIn SECTION 2 of the bill, strike amended Section 373A.003, Local Government Code (page 1, lines 35 through 43), and substitute:
Sec.i373A.003.iiAPPLICABILITY OF CHAPTER. (a) This chapter
applies [only] to a municipality with a population of more than 650,000 that is
located in a uniform state service region with fewer than 550,000 occupied
housing units as determined by the most recent United States decennial census.
(b)iiSubchapters A, B, C, and D apply to any municipality with a population of 1.8 million or more that is located predominantly in a county that has a total area of less than 1,000 square miles.
(2)iiAdd the following appropriately numbered SECTION and renumber subsequent SECTIONS accordingly:
SECTIONi____.iiSection 373A.052, Local Government Code, is amended to read as follows:
Sec.i373A.052.iiELIGIBILITY FOR DESIGNATION. (a) To be designated as a district within a municipality described by Section 373A.003(a) under this subchapter, an area must be composed of census tracts forming a spatially compact area contiguous to a central business district and with:
(1)iifewer than 25,000 residents;
(2)iifewer than 8,000 households;
(3)iia number of owner-occupied households that does not exceed 50 percent of the total households in the area;
(4)iihousing stock at least 55 percent of which was built at least 45 years ago;
(5)iian unemployment rate that is greater than 10 percent;
(6)iian overall poverty rate that is at least two times the poverty rate for the entire municipality; and
(7)iiin each census tract within the area, a median family income that is less than 60 percent of the median family income for the entire municipality.
(b)iiTo be designated as a district within a municipality described by Section 373A.003(b) under this subchapter, an area must be composed of census tracts forming a spatially compact area contiguous to a central business district and with:
(1)iifewer than 75,000 residents;
6334 80th LEGISLATURE — REGULAR SESSION
(2)iia median family income that is less than $30,000 according to the last decennial census; and
(3)iian overall poverty rate that is at least two times the poverty rate for the entire municipality.
(c)iiAn area that is designated as a district under this subchapter may retain its designation as a district regardless of whether the area continues to meet the eligibility criteria provided by this section, except that an area that does not elect to retain its designation as permitted by this subsection must meet all eligibility criteria to be considered for subsequent redesignation as a district.
HB 735 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Straus called up with senate amendments for consideration at this time,
HB 735, A bill to be entitled An Act relating to the discontinuation of the Telecommunications Infrastructure Fund.
Representative Straus moved to concur in the senate amendments to HBi735.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1863): 138 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Farabee; Gonzales; Moreno; Noriega; Villarreal.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6335
STATEMENT OF VOTE
When Record No. 1863 was taken, I was in the house but away from my desk. I would have voted yes.
Farabee
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 735 (senate committee printing) by striking SECTIONS 14 and 15 (page 5, lines 35 through 66) and substituting:
SECTIONi14.ii(a) The assessment imposed under Section 57.048, Utilities Code, for the calendar quarter ending in September 2008 is due on the last day of October 2008. The assessment imposed under that section may not be imposed after the end of the calendar quarter ending in September 2008.
(b)iiSection 57.048, Utilities Code, is continued in effect for the collection of the assessment due and for civil and criminal enforcement of the liability for that assessment.
(c)iiA telecommunications utility or commercial mobile service provider subject to Section 57.048, Utilities Code, may recover from the utility's customers through a monthly billing process the amount of the assessment imposed under that section as provided by Subsection (f) of that section, and the former law is continued in effect for that purpose.
SECTIONi15.iiThis Act takes effect September 1, 2008.
HB 1503 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Lucio called up with senate amendments for consideration at this time,
HB 1503, A bill to be entitled An Act relating to allowing certain assistant district and county attorneys to carry weapons.
Representative Lucio moved to concur in the senate amendments to HBi1503.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1864): 136 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon;
6336 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Castro; Farabee; Giddings; Merritt; Moreno; Ritter; Villarreal.
STATEMENT OF VOTE
When Record No. 1864 was taken, I was in the house but away from my desk. I would have voted yes.
Farabee
Senate Committee Substitute
CSHB 1503, A bill to be entitled An Act relating to allowing certain assistant district and county attorneys to carry weapons.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 46.15(a), Penal Code, is amended to read as follows:
(a)iiSections 46.02 and 46.03 do not apply to:
(1)iipeace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon;
(2)iiparole officers and neither section prohibits an officer from carrying a weapon in this state if the officer is:
(A)iiengaged in the actual discharge of the officer's duties while carrying the weapon; and
(B)iiin compliance with policies and procedures adopted by the Texas Department of Criminal Justice regarding the possession of a weapon by an officer while on duty;
(3)iicommunity supervision and corrections department officers appointed or employed under Section 76.004, Government Code, and neither section prohibits an officer from carrying a weapon in this state if the officer is:
(A)iiengaged in the actual discharge of the officer's duties while carrying the weapon; and
(B)iiauthorized to carry a weapon under Section 76.0051, Government Code;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6337
(4)iia judge or justice of a federal court, the supreme court, the court of criminal appeals, a court of appeals, a district court, a criminal district court, a constitutional county court, a statutory county court, a justice court, or a municipal court who is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code;
(5)iian honorably retired peace officer or federal criminal investigator who holds a certificate of proficiency issued under Section 1701.357, Occupations Code, and is carrying a photo identification that:
(A)iiverifies that the officer honorably retired after not less than 15 years of service as a commissioned officer; and
(B)iiis issued by a state or local law enforcement agency; [or]
(6)iia district attorney, criminal district attorney, or county attorney who is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code; or
(7)iian assistant district attorney, assistant criminal district attorney, or assistant county attorney who is licensed to carry a concealed handgun under Subchapter H, Chapter 411, Government Code.
SECTIONi2.iiThis Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect at the time the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.
SECTIONi3.iiThis Act takes effect September 1, 2007.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 1503 (Senate Committee Printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS accordingly:
SECTION ____. Subdivision (4), Section 411.171, Government Code, is amended to read as follows:
(4) "Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision. The term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:
(A) expunged; [or]
(B) pardoned under the authority of a state or federal official; or
(C) otherwise vacated, set aside, annulled, invalidated, discharged, voided, or sealed under any state or federal law.
SECTION ____. Section 411.172, Government Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read a follows:
(b) For the purposes of this section, an offense under the laws of this state, another state, or the United States is:
6338 80th LEGISLATURE — REGULAR SESSION
(1) except as provided by Subsection (b-1), a felony if [the offense], at
the time it is committed, the offense [of a person's application for a license to
carry a concealed handgun]:
(A) is designated by a law of this state as a felony;
(B) contains all the elements of an offense designated by a law of this state as a felony; or
(C) is punishable by confinement for one year or more in a penitentiary; and
(2) a Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment.
(b-1) An offense is not considered a felony for purposes of Subsection (b)(1) if, at the time of person's application for a license to carry a concealed handgun, the offense:
(1) is designated by a law of this state as a misdemeanor; or
(2) does not contain all the elements of any offense designated by a law of this state as a felony.
SECTION ____. Section 46.04, Penal Code, is amended by amending Subsection (d) and adding Subsections (f) and (g) to read as follows:
(d) In this section:
(1) "Convicted" has the meaning assigned by Section 411.171, Government Code.
(2) "Family," [, "family,"] "household," and "member of a household"
have the meanings assigned by Chapter 71, Family Code.
(f) For the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense:
(1) is designated by a law of this state as a felony;
(2) contains all the elements of an offense designated by a law of this state as a felony; or
(3) is punishable by confinement for one year or more in a penitentiary.
(g) An offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense:
(1) is designated by a law of this state as a misdemeanor; or
(2) does not contain all the elements of any offense designated by a law of this state as a felony.
HB 1526 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative W. Smith called up with senate amendments for consideration at this time,
HB 1526, A bill to be entitled An Act relating to incentives for and the use of alternative leak detection technologies for air contaminants.
Representative W. Smith moved to concur in the senate amendments to HBi1526.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6339
HB 1526 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE BONNEN: Is it your intent that the TCEQ's supplemental leak detection technology program be consistent with federally approved programs and the State Implementation Plan?
REPRESENTATIVE W. SMITH: Yes.
REMARKS ORDERED PRINTED
Representative Bonnen moved to print remarks between Representative W.iSmith and Representative Bonnen.
The motion prevailed.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1865): 126 Yeas, 7 Nays, 3 Present, not voting.
Yeas — Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bonnen; Brown, B.; Brown, F.; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farias; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Keffer; King, P.; King, S.; King, T.; Kuempel; Latham; Laubenberg; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Nays — Allen; Bolton; Farrar; Hernandez; Herrero; Leibowitz; Lucio.
Present, not voting — Mr. Speaker; Miles; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Burnam; Crownover; Driver; Farabee; Jones; Krusee; Merritt; Moreno; Veasey.
STATEMENTS OF VOTE
When Record No. 1865 was taken, I was in the house but away from my desk. I would have voted yes.
Farabee
6340 80th LEGISLATURE — REGULAR SESSION
I was shown voting yes on Record No. 1865. I intended to vote no.
Olivo
Senate Committee Substitute
CSHB 1526, A bill to be entitled An Act relating to incentives for and the use of supplemental leak detection technologies for air contaminants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiChapter 382, Health and Safety Code, is amended by adding Subchapter I to read as follows:
SUBCHAPTER I. PROGRAMS TO ENCOURAGE THE USE OF
INNOVATIVE TECHNOLOGIES
Sec.i382.401.iiSUPPLEMENTAL LEAK DETECTION TECHNOLOGY. (a) In this section, "supplemental leak detection technology" means technology, including optical gas imaging technology, designed to detect leaks and emissions of air contaminants.
(b)iiThe commission by rule shall establish a program that allows the owner or operator of a facility regulated under this chapter to use voluntarily as a supplemental detection method any leak detection technology that has been incorporated and adopted by the United States Environmental Protection Agency into a program for detecting leaks or emissions of air contaminants. The program must provide regulatory incentives to encourage voluntary use of the supplemental leak detection technology at a regulated facility that is capable of detecting leaks or emissions that may not be detected by methods or technology approvable under the commission's regulatory program for leak detection and repair in effect on the date the commission adopts the program. The incentives may include:
(1)iion-site technical assistance; and
(2)iito the extent consistent with federal requirements:
(A)iiinclusion of the facility's use of supplemental leak detection technology in the owner or operator's compliance history and compliance summaries;
(B)iiconsideration of the implementation of supplemental leak detection technology in scheduling and conducting compliance inspections; and
(C)iicredits or offsets to the facility's emissions reduction requirements based on the emissions reductions achieved by voluntary use of supplemental leak detection technology.
(c)iiThe owner or operator of a facility using a supplemental leak detection technology shall repair and record an emission or leak of an air contaminant from a component subject to the commission's regulatory program for leak detection and repair that is detected by the supplemental technology as provided by the commission's leak detection and repair rules in effect at the time of the detection. A repair to correct an emission or leak detected by the use of supplemental leak detection technology may be confirmed using the same technology.
(d)iiAs part of the program of incentives adopted under Subsection (b), the commission shall:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6341
(1)iiensure that the owner or operator of a facility records and repairs, if possible and within a reasonable period, any leak or emission of an air contaminant at the facility that is detected by the voluntary use of supplemental leak detection technology from a component not subject to commission rules for leak detection and repair in effect on the date of detection;
(2)iiestablish the reasonable period allowed for the repair of a component causing a leak or emission in a way that includes consideration of the size and complexity of the repair required;
(3)iisubject to commission reporting requirements only those components that are not repairable within the reasonable time frame established by the commission; and
(4)iiexempt from commission enforcement a leak or emission that is repaired within the reasonable period established by the commission.
(e)iiThe commission may not take an enforcement action against an owner or operator of a facility participating in the program established under this section for a leak or an emission of an air contaminant that would otherwise be punishable as a violation of the law or of the terms of the permit under which the facility operates if the leak or emission was detected by using supplemental technology and it would not have been detected under the commission's regulatory program for leak detection and repair in effect on the date of the detection.
SECTIONi2.iiSection 5.752(2), Water Code, is amended to read as follows:
(2)ii"Innovative program" means:
(A)iia program developed by the commission under this subchapter, Chapter 26 or 27 of this code, or Chapter 361, 382, or 401, Health and Safety Code, that provides incentives to a person in return for benefits to the environment that exceed benefits that would result from compliance with applicable legal requirements under the commission's jurisdiction;
(B)iithe flexible permit program administered by the commission
under Chapter 382, Health and Safety Code; [or]
(C)iithe regulatory flexibility program administered by the commission under Section 5.758; or
(D)iia program established under Section 382.401, Health and Safety Code, to encourage the use of supplemental technology for detecting leaks or emissions of air contaminants.
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, 2007.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 1526 (Senate Committee Printing) in SECTION 1 of the bill, on page 2, line 11, by striking "The" and inserting the following:
To the extent consistent with federal requirements, the
Senate Amendment No. 2 (Senate Floor Amendment No. 2)
Amend CSHB 1526 (Senate Committee Report) as follows:
6342 80th LEGISLATURE — REGULAR SESSION
(1) On page 1, line 10, strike "supplemental" and insert "alternative"
(2) On page 1, line 17, strike "SUPPLEMENTAL" and insert "ALTERNATIVE"
(3) On page 1, line 18, strike "supplemental" and insert "alternative"
(4) On page 1, line 28, strike "supplemental" and insert "alternative"
(5) On page 1, line 38, strike "supplemental" and insert "alternative"
(6) On page 1, line 41, strike "supplemental" and insert "alternative"
(7) On page 1, line 45, strike "supplemental" and insert "alternative"
(8) On page 1, line 47, strike "supplemental" and insert "alternative"
(9) On page 1, line 51, strike "supplemental" and insert "alternative"
(10) On page 1, line 54, strike "supplemental" and insert "alternative"
(11) On page 1, line 61, strike "supplemental" and insert "alternative"
(12) On page 2, line 11, strike "The" and insert "To the extent consistent with federal requirements, the"
(13) On page 2, line 17, strike "supplemental" and insert "alternative"
(14) On page 2, line 34, strike "supplemental" and insert "alternative"
HB 2566 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Madden called up with senate amendments for consideration at this time,
HB 2566, A bill to be entitled An Act relating to a document or instrument filed by an inmate with a court concerning real or personal property.
Representative Madden moved to concur in the senate amendments to HBi2566.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1866): 139 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farias; Farrar; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6343
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Farabee; Flores; McClendon; Moreno.
STATEMENT OF VOTE
When Record No. 1866 was taken, I was in the house but away from my desk. I would have voted yes.
Farabee
Senate Committee Substitute
CSHB 2566, A bill to be entitled An Act relating to a document or instrument filed by an inmate with a court concerning real or personal property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 12.001, Civil Practice and Remedies Code, is amended by adding Subdivisions (2-a), (2-b), (2-c), and (5) to read as follows:
(2-a)ii"Filing office" has the meaning assigned by Section 9.102, Business & Commerce Code.
(2-b)ii"Financing statement" has the meaning assigned by Section 9.102, Business & Commerce Code.
(2-c)ii"Inmate" means a person housed in a secure correctional facility.
(5)ii"Secure correctional facility" has the meaning assigned by Section 1.07, Penal Code.
SECTIONi2.iiSection 12.002, Civil Practice and Remedies Code, is amended by adding Subsections (a-1) and (a-2) and amending Subsection (b) to read as follows:
(a-1)iiExcept as provided by Subsection (a-2), a person may not file an abstract of a judgment or an instrument concerning real or personal property with a court or county clerk, or a financing statement with a filing office, if the person:
(1)iiis an inmate; or
(2)iiis not licensed or regulated under Title 11, Insurance Code, and is filing on behalf of another person who the person knows is an inmate.
(a-2)iiA person described by Subsection (a-1) may file an abstract, instrument, or financing statement described by that subsection if the document being filed includes a statement indicating that:
(1)iithe person filing the document is an inmate; or
(2)iithe person is filing the document on behalf of a person who is an inmate.
(b)iiA person who violates Subsection (a) or (a-1) is liable to each injured person for:
(1)iithe greater of:
(A)ii$10,000; or
(B)iithe actual damages caused by the violation;
(2)iicourt costs;
(3)iireasonable attorney's fees; and
6344 80th LEGISLATURE — REGULAR SESSION
(4)iiexemplary damages in an amount determined by the court.
SECTIONi3.iiSection 51.901, Government Code, is amended by amending Subsection (c) and adding Subsections (e) and (f) to read as follows:
(c)iiFor purposes of this section, a document or instrument is presumed to be fraudulent if:
(1)iithe document is a purported judgment or other document purporting to memorialize or evidence an act, an order, a directive, or process of:
(A)iia purported court or a purported judicial entity not expressly created or established under the constitution or the laws of this state or of the United States; or
(B)iia purported judicial officer of a purported court or purported
judicial entity described by Paragraph (A); [or]
(2)iithe document or instrument purports to create a lien or assert a claim against real or personal property or an interest in real or personal property and:
(A)iiis not a document or instrument provided for by the constitution or laws of this state or of the United States;
(B)iiis not created by implied or express consent or agreement of the obligor, debtor, or the owner of the real or personal property or an interest in the real or personal property, if required under the laws of this state, or by implied or express consent or agreement of an agent, fiduciary, or other representative of that person; or
(C)iiis not an equitable, constructive, or other lien imposed by a court with jurisdiction created or established under the constitution or laws of this state or of the United States; or
(3)iithe document or instrument purports to create a lien or assert a claim against real or personal property or an interest in real or personal property and the document or instrument is filed by an inmate or on behalf of an inmate.
(e)iiA presumption under Subsection (c)(3) may be rebutted by providing the filing officer in the filing office in which the document is filed or recorded the original or a copy of a sworn and notarized document signed by the obligor, debtor, or owner of the property designated as collateral stating that the person entered into a security agreement with the inmate and authorized the filing of the financing statement as provided by Section 9.509, Business & Commerce Code.
(f)iiIn this section:
(1)ii"Inmate" means a person housed in a secure correctional facility.
(2)ii"Secure correctional facility" has the meaning assigned by Section 1.07, Penal Code.
SECTIONi4.iiSection 405.021, Government Code, as added by Chapter 407, Acts of the 79th Legislature, Regular Session, 2005, is amended to read as follows:
Sec.i405.021.iiFILING OR RECORDING OF FRAUDULENT DOCUMENT.ii(a) If the secretary of state believes in good faith that a document filed with the secretary of state to create a lien is fraudulent, the secretary of state shall:
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6345
(1)iirequest the assistance of the attorney general to determine whether the document is fraudulent before filing or recording the document;
(2)iirequest that the prospective filer provide to the secretary of state additional documentation supporting the existence of the lien, such as a contract or other document that contains the alleged debtor or obligor's signature; and
(3)iiforward any additional documentation received to the attorney general.
(b)iiFor purposes of this section, a document or instrument is presumed to be fraudulent if the document or instrument is filed by an inmate or on behalf of an inmate.
(c)iiA presumption under Subsection (b) may be rebutted by providing the secretary of state the original or a copy of a sworn and notarized document signed by the obligor, debtor, or owner of the property designated as collateral stating that the person entered into a security agreement with the inmate and authorized the filing of the instrument as provided by Section 9.509, Business & Commerce Code.
(d)iiIn this section:
(1)ii"Inmate" means a person housed in a secure correctional facility.
(2)ii"Secure correctional facility" has the meaning assigned by Section 1.07, Penal Code.
SECTIONi5.iiThe change in law made by this Act applies only to a document or instrument presented for recording on or after the effective date of this Act. A document or instrument presented for recording before the effective date of this Act is covered by the law in effect when the document or instrument was presented for recording, and the former law is continued in effect for that purpose.
SECTIONi6.iiThis Act takes effect September 1, 2007.
HB 2884 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Dutton called up with senate amendments for consideration at this time,
HB 2884, A bill to be entitled An Act relating to juvenile delinquency; providing penalties.
Representative Dutton moved to concur in the senate amendments to HBi2884.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1867): 137 Yeas, 0 Nays, 3 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez
6346 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker; Phillips; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Farabee; Hernandez; Moreno; Mowery; Otto.
STATEMENT OF VOTE
When Record No. 1867 was taken, I was in the house but away from my desk. I would have voted yes.
Farabee
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 2884 (senate committee printing) by striking SECTIONS 8 and 9 of the bill (page 5, line 51, through page 6, line 62) and renumbering the subsequent SECTIONS of the bill accordingly.
Senate Amendment No. 2 (Senate Floor Amendment No. 2)
Amend HB 2884 (senate committee printing) in SECTION 12 of the bill, in amended Section 54.04(d), Family Code (page 8, lines 38 through 47), by striking amended Subdivision (2) and substituting the following:
(2) if the court or jury found at the conclusion of the adjudication hearing that the child engaged in delinquent conduct that violates a penal law of this state or the United States of the grade of felony or, if the requirements of Subsection (s) or (t) are met, of the grade of misdemeanor, and if the petition was not approved by the grand jury under Section 53.045, the court may commit the child to the Texas Youth Commission without a determinate sentence;
Senate Amendment No. 3 (Senate Floor Amendment No. 3)
Amend HB 2884 (senate committee printing) as follows:
(1)iiIn SECTION 9, in added Section 51.125(d), Family Code (page 6, line 58), strike "51.12(i)" and substitute "Subsection (c)".
(2)iiIn SECTION 21, strike added Section 58.405, Family Code (page 12, lines 40-43), and substitute:i
Sec.i58.405.iiAUTHORITY CUMULATIVE. The authority granted by this subchapter is cumulative of all other authority granted by this chapter to a county, the commission, or a juvenile justice agency and nothing in this subchapter limits
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(3)iiAdd the following appropriately numbered SECTIONS and renumber subsequent SECTIONS accordingly:
SECTIONi____.iiSection 58.007(c), Family Code, is amended to read as follows:
(c)iiExcept as provided by Subsection (d), law enforcement records and files concerning a child and information stored, by electronic means or otherwise, concerning the child from which a record or file could be generated may not be disclosed to the public and shall be:
(1)iiif maintained on paper or microfilm, kept separate from adult files and records;
(2)iiif maintained electronically in the same computer system as records or files relating to adults, be accessible under controls that are separate and distinct from controls to access electronic data concerning adults; and
(3)iimaintained on a local basis only and not sent to a central state or
federal depository, except as provided by Subchapters [Subchapter] B, D, and E.
SECTIONi____.iiArticle 45.054, Code of Criminal Procedure, is amended by adding Subsection (a-2) to read as follows:
(a-2)iiAn order under Subsection (a) may not require a student to attend a juvenile justice alternative education program.
Senate Amendment No. 4 (Senate Floor Amendment No. 4)
Amend HB 2884 (senate committee printing) by adding the following appropriately numbered SECTIONS and renumbering subsequent SECTIONS accordingly:
SECTION ____. Section 58.302, Family Code, is amended to read as follows:
Sec. 58.302. PURPOSES OF SYSTEM. The purposes of a local juvenile justice information system are to:
(1) provide accurate information at the county or regional level relating to children who come into contact with the juvenile justice system;
(2) assist in the development and delivery of services to children in the juvenile justice system;
(3) assist in the development and delivery of services to children:
(A) who school officials have reasonable cause to believe have committed an offense for which a report is required under Section 37.015, Education Code; or
(B) who have been expelled, the expulsion of which school officials are required to report under Section 52.041;
(4) provide for an efficient transmission of juvenile records from justice and municipal courts to county juvenile probation departments and the juvenile court and from county juvenile probation departments and juvenile court to the state juvenile justice information system created by Subchapter B;
6348 80th LEGISLATURE — REGULAR SESSION
(5) provide efficient computerized case management resources to juvenile courts, prosecutors, court clerks, county juvenile probation departments, and partner agencies authorized by this subchapter;
(6) provide a directory of services available to children to the partner agencies to facilitate the delivery of services to children;
(7) provide an efficient means for municipal and justice courts to report filing of charges, adjudications, and dispositions of juveniles to the juvenile court as required by Section 51.08; and
(8) provide a method for agencies to fulfill their duties under Section 58.108, including the electronic transmission of information required to be sent to the Department of Public Safety by Section 58.110(f).
SECTION ____. Section 58.303(b), Family Code, is amended to read as follows:
(b) A local juvenile justice information system may contain the following components:
(1) case management resources for juvenile courts, court clerks, prosecuting attorneys, and county juvenile probation departments;
(2) reporting systems to fulfill statutory requirements for reporting in the juvenile justice system;
(3) service provider directories and indexes of agencies providing services to children;
(4) victim-witness notices required under Chapter 57;
(5) electronic filing of complaints or petitions, court orders, and other documents filed with the court, including documents containing electronic signatures;
(6) electronic offense and intake processing;
(7) case docket management and calendaring;
(8) communications by email or other electronic communications between partner agencies;
(9) reporting of charges filed, adjudications and dispositions of juveniles by municipal and justice courts and the juvenile court, and transfers of cases to the juvenile court as authorized or required by Section 51.08;
(10) reporting to schools under Article 15.27, Code of Criminal Procedure, by law enforcement agencies, prosecuting attorneys, and juvenile courts;
(11) records of adjudications and dispositions, including probation conditions ordered by the juvenile court; and
(12) warrant management and confirmation capabilities.
SECTION ____. Section 58.304(b), Family Code, is amended to read as follows:
(b) To the extent possible and subject to Subsections (a) and (d), the local juvenile justice information system may include the following information for each juvenile taken into custody, detained, or referred under this title:
(1) the juvenile's name, including other names by which the juvenile is known;
(2) the juvenile's date and place of birth;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6349
(3) the juvenile's physical description, including sex, weight, height, race, ethnicity, eye color, hair color, scars, marks, and tattoos;
(4) the juvenile's state identification number and other identifying information;
(5) the juvenile's fingerprints and photograph;
(6) the juvenile's last known residential address, including the census tract number designation for the address;
(7) the name, address, and phone number of the juvenile's parent, guardian, or custodian;
(8) the name and identifying number of the agency that took into custody or detained the juvenile;
(9) each date of custody or detention;
(10) a detailed description of the conduct for which the juvenile was taken into custody, detained, or referred, including the level and degree of the alleged offense;
(11) the name and identifying number of the juvenile intake agency or juvenile probation office;
(12) each disposition by the juvenile intake agency or juvenile probation office;
(13) the date of disposition by the juvenile intake agency or juvenile probation office;
(14) the name and identifying number of the prosecutor's office;
(15) each disposition by the prosecutor;
(16) the date of disposition by the prosecutor;
(17) the name and identifying number of the court;
(18) each disposition by the court, including information concerning custody of a juvenile by a juvenile justice agency or county juvenile probation department;
(19) the date of disposition by the court;
(20) any commitment or release under supervision by the Texas Youth
Commission, including the date of the commitment or release; [and]
(21) information concerning each appellate proceeding; and
(22) electronic copies of all documents filed with the court.
SECTION ____. Section 58.305(a), Family Code, is amended to read as follows:
(a) A local juvenile justice information system shall to the extent possible include the following partner agencies within that county:
(1) the juvenile court and court clerk;
(2) justice of the peace and municipal courts;
(3) the county juvenile probation department;
(4) the prosecuting attorneys who prosecute juvenile cases in juvenile court, municipal court, or justice court;
(5) law enforcement agencies;
(6) each public school district in the county;
(7) governmental service providers approved by the county juvenile board; and
6350 80th LEGISLATURE — REGULAR SESSION
(8) governmental placement facilities approved by the county juvenile board.
SECTION ____. Section 58.306(g), Family Code, is amended to read as follows:
(g) Level 3 Access is by:
(1) the juvenile court and court clerk;
(2) the prosecuting attorney;
(3) the county juvenile probation department;
(4) law enforcement agencies;
(5) governmental service providers that are partner agencies; and
(6) governmental placement facilities that are partner agencies.
SECTION ____. Sections 58.307(a) and (e), Family Code, are amended to read as follows:
(a) Information that is part of a local juvenile justice information system is not public information and may not be released to the public, except as authorized by law.
(e) Information in a local juvenile justice information system, including electronic signature systems, shall be protected from unauthorized access by a system of access security and any access to information in a local juvenile information system performed by browser software shall be at the level of at least 128-bit encryption. A juvenile board or a regional juvenile board committee shall require all partner agencies to maintain security and restrict access in accordance with the requirements of this title.
SECTION ____. This Act applies to information and documents relating to juvenile court cases without regard to whether the conduct that is the basis of the case occurred before, on, or after the effective date of this Act.
HB 3154 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Laubenberg called up with senate amendments for consideration at this time,
HB 3154, A bill to be entitled An Act relating to the creation of a review committee to study the provision of indigent health care through county and regional health care services.
Representative Laubenberg moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3154.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 3154: Laubenberg, chair; Coleman, Taylor, Zerwas, and Thompson.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6351
HB 3838 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Gonzalez Toureilles called up with senate amendments for consideration at this time,
HB 3838, A bill to be entitled An Act relating to regulation of injection wells used for in situ uranium recovery by the Texas Commission on Environmental Quality.
Representative Gonzalez Toureilles moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3838.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 3838: Gonzalez Toureilles, chair; Hardcastle, Escobar, Chisum, and Gonzales.
HB 3107 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Isett called up with senate amendments for consideration at this time,
HB 3107, A bill to be entitled An Act relating to the creation and re-creation of funds and accounts in the state treasury, the dedication and rededication of revenue, and the exemption of unappropriated money from use for general governmental purposes.
Representative Isett moved to concur in the senate amendments to HBi3107.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1868): 138 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter;
6352 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Chisum; Farabee; Moreno; Mowery; Oliveira.
STATEMENT OF VOTE
When Record No. 1868 was taken, I was in the house but away from my desk. I would have voted yes.
Farabee
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 3107 (Senate committee printing) by striking all below the enacting clause and substituting the following:
SECTIONi1.iiDEFINITION. In any provision of this Act that does not amend current law, "state agency" means an office, institution, or other agency that is in the executive branch of state government, has authority that is not limited to a geographical portion of the state, and was created by the constitution or a statute of this state. The term does not include an institution of higher education as defined by Section 61.003, Education Code.
SECTIONi2.iiABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS. Except as otherwise specifically provided by this Act, all funds and accounts created or re-created in the state treasury by an Act of the 80th Legislature, Regular Session, 2007, that becomes law and all dedications or rededications of revenue in the state treasury or otherwise collected by a state agency for a particular purpose by an Act of the 80th Legislature, Regular Session, 2007, that becomes law are abolished on the later of August 27, 2007, or the date the Act creating or re-creating the fund or account or dedicating or rededicating revenue takes effect.
SECTIONi3.iiPREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND ACCOUNTS. Section 2 of this Act does not apply to:
(1)iistatutory dedications, funds, and accounts that were enacted before the 80th Legislature convened to comply with requirements of state constitutional or federal law;
(2)iidedications, funds, or accounts that remained exempt from former Section 403.094(h), Government Code, at the time dedications, accounts, and funds were abolished under that provision;
(3)iiincreases in fees or in other revenue dedicated as described by this section; or
(4)iiincreases in fees or in other revenue required to be deposited in a fund or account described by this section.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6353
SECTIONi4.iiACCOUNTS IN GENERAL REVENUE FUND. Effective on the later of August 27, 2007, or the date the Act creating or re-creating the account takes effect, the following accounts and the revenue deposited to the credit of the accounts are exempt from Section 2 of this Act and are created in the general revenue fund, if created or re-created by an Act of the 80th Legislature, Regular Session, 2007, that becomes law:
(1)iithe transportation reinvestment fund created by SB 1266, HB 3722, or similar legislation;
(2)iithe cancer prevention and research fund created by HB 14 or similar legislation; and
(3)iithe nursing home quality assurance fee account created by HB 3778 or similar legislation.
SECTIONi5.iiFUNDS TO BECOME ACCOUNTS. Effective on the later of August 27, 2007, or the date the Act creating or re-creating the fund takes effect, a fund in the state treasury or fund otherwise with the comptroller, if listed in this section, is re-created as an account in the general revenue fund, to the extent allowed by the Texas Constitution, and the account and the revenue deposited to the credit of the account are exempt from Section 2 of this Act, if created or re-created by an Act of, or constitutional amendment proposed by, the 80th Legislature, Regular Session, 2007, that becomes law or is approved by the voters, as applicable.
SECTIONi6.iiREVENUE DEDICATION. Effective on the later of August 27, 2007, or the date the Act dedicating or rededicating the revenue takes effect, the following dedications or rededications of revenue collected by a state agency for a particular purpose are exempt from Section 2 of this Act, if dedicated or rededicated by an Act of the 80th Legislature, Regular Session, 2007, that becomes law:
(1)iiall dedications or rededications to the state highway fund;
(2)iiall dedications or rededications of revenue collected by the Parks and Wildlife Department;
(3)iiall dedications or rededications of revenue to the Texas Department of Insurance operating account;
(4)iiall dedications or rededications of revenue made by HB 3168 and HB 1673 or similar legislation; and
(5)iiall dedications or rededications to General Revenue Account No. 19–Vital Statistics that are made by SB 47, HB 1377, or similar legislation.
SECTIONi7.iiFEDERAL FUNDS. Section 2 of this Act does not apply to funds created pursuant to an Act of the 80th Legislature, Regular Session, 2007, for which separate accounting is required by federal law, except that the funds shall be deposited in accounts in the general revenue fund unless otherwise required by federal law.
SECTIONi8.iiTRUST FUNDS. (a) Section 2 of this Act does not apply to trust funds or dedicated revenue deposited to trust funds created under an Act of the 80th Legislature, Regular Session, 2007, except that the trust funds shall be held in the state treasury, with the comptroller in trust, or outside the state treasury with the comptroller's approval.
6354 80th LEGISLATURE — REGULAR SESSION
(b)iiNotwithstanding Subsection (a) of this section, the following trust funds if created under an Act of the 80th Legislature, Regular Session, 2007, that becomes law shall be held outside the state treasury, regardless of the comptroller's approval:
(1)iithe Texas tomorrow fund II prepaid tuition unit undergraduate education program fund created by HB 3900 or similar legislation; and
(2)iithe Texas health opportunity pool trust fund created by SB 10 or similar legislation.
SECTIONi9.iiBOND FUNDS. Section 2 of this Act does not apply to bond funds and pledged funds created or affected by an Act of the 80th Legislature, Regular Session, 2007, except that the funds shall be held in the state treasury, with the comptroller in trust, or outside the state treasury with the comptroller's approval.
SECTIONi10.iiCONSTITUTIONAL FUNDS. Section 2 of this Act does not apply to funds or accounts that would be created or re-created by the Texas Constitution or revenue that would be dedicated or rededicated by the Texas Constitution under a constitutional amendment proposed by the 80th Legislature, Regular Session, 2007, or to dedicated revenue deposited to funds or accounts that would be so created or re-created, if the constitutional amendment is approved by the voters.
SECTIONi11.iiSEPARATE FUNDS IN THE TREASURY. Effective September 1, 2007, if the fund is listed in this section, a fund in the state treasury and the revenue deposited to the credit of the fund is exempt from Section 2 of this Act and is created as a separate fund in the state treasury, if created by an Act of the 80th Legislature, Regular Session, 2007, that becomes law.
SECTIONi12.iiAMENDMENT OF SECTION 403.095, GOVERNMENT CODE. Effective September 1, 2007, Sections 403.095(b), (d), and (e), Government Code, are amended to read as follows:
(b)iiNotwithstanding any law dedicating or setting aside revenue for a
particular purpose or entity, dedicated revenues that, on August 31, 2009 [2007],
are estimated to exceed the amount appropriated by the General Appropriations
Act or other laws enacted by the 80th [79th] Legislature are available for general
governmental purposes and are considered available for the purpose of
certification under Section 403.121.
(d)iiFollowing certification of the General Appropriations Act and other
appropriations measures enacted by the 80th [79th] Legislature, the comptroller
shall reduce each dedicated account as directed by the legislature by an amount
that may not exceed the amount by which estimated revenues and unobligated
balances exceed appropriations. The reductions may be made in the amounts and
at the times necessary for cash flow considerations to allow all the dedicated
accounts to maintain adequate cash balances to transact routine business. The
legislature may authorize, in the General Appropriations Act, the temporary delay
of the excess balance reduction required under this subsection. This subsection
does not apply to revenues or balances in:
(1)iifunds outside the treasury;
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6355
(2)iitrust funds, which for purposes of this section include funds that may or are required to be used in whole or in part for the acquisition, development, construction, or maintenance of state and local government infrastructures, recreational facilities, or natural resource conservation facilities;
(3)iifunds created by the constitution or a court; or
(4)iifunds for which separate accounting is required by federal law.
(e)iiThis section expires on September 1, 2009 [2007].
SECTIONi13.iiEFFECT OF ACT. (a) This Act prevails over any other Act of the 80th Legislature, Regular Session, 2007, regardless of the relative dates of enactment, that purports to create or re-create a special fund or account in the state treasury or to dedicate or rededicate revenue to a particular purpose, including any fund, account, or revenue dedication abolished under former Section 403.094, Government Code.
(b)iiRevenues that, under the terms of another Act of the 80th Legislature, Regular Session, 2007, would be deposited to the credit of a special account or fund shall be deposited to the credit of the undedicated portion of the general revenue fund unless the fund, account, or dedication is exempted under this Act.
SECTIONi14.iiEFFECTIVE DATE. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect on the 91st day after the last day of the legislative session.
Senate Amendment No. 2 (Senate Floor Amendment No. 2)
Amend Floor Amendment No. 1 (Ogden) to HB 3107 as follows:
(1)iiIn Section 4 of the bill (page 2, between lines 11 and 12), insert a new Subdivision (1) to read as follows and renumber the existing Subdivision (1) and subsequent subdivisions accordingly:
(1)iithe fire prevention and public safety account created by HB 2935 or similar legislation;
(2)iiIn Section 6 of the bill (page 3, between lines 3 and 4), insert a new Subdivision (1) to read as follows and renumber the existing Subdivision (1) and subsequent subdivisions accordingly:
(1)iiall dedications or rededications made by HB 2935 or similar legislation;
Senate Amendment No. 3 (Senate Floor Amendment No. 3)
Amend Floor Amendment No. 1 (Ogden) to HB 3107 as follows:
(1)(a)iiIn SECTION 4 of the bill (page 2, line 11), following the colon, insert:
(1)iithe premium payment assistance account created by HB 1751 or similar legislation;
(2)iithe Texas health opportunity pool created by SB 10, or similar legislation;
(1)(b) Renumber remaining subdivisions accordingly.
(2)(a)iiIn SECTION 6 of the bill (page 3, line 3), following the colon, insert:
6356 80th LEGISLATURE — REGULAR SESSION
(1)iiall dedications or rededications to the sexual assault program fund, the premium payment assistance account, or the Texas health opportunity pool made by HB 1751 or similar legislation;
(2)iiRenumber the subdivisions of the bill accordingly.
Senate Amendment No. 4 (Senate Floor Amendment No. 4)
Amend Floor Amendment No. 1 (Ogden) to HB 3107 (senate committee report) as follows:
(1)iiIn Section 4 of the bill (page 2, between lines 11 and 12), insert a new Subdivision (1) to read as follows and renumber the existing subdivisions accordingly:
(1)iithe regional trauma account created by SB 125 or similar legislation;
(2)iiIn Section 6 of the bill (page 3, between lines 3 and 4), insert new Subdivisions (1) and (2) to read as follows and renumber the existing subdivisions accordingly:
(1)iiall dedications or rededications of revenue from civil or administrative penalties made by SB 125 or similar legislation;
(2)iithe dedication or rededication of fee revenue made by HB 481 or similar legislation;
Senate Amendment No. 5 (Senate Floor Amendment No. 5)
Amend Floor Amendment No. 1 (Ogden) to HB 3107 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS accordingly:
SECTION ____. CONTINGENT DEDICATION. Contingent on SB 1562 or similar legislation concerning animal control officer training being enacted by the 80th Legislature, Regular Session, 2007, and becoming law, a fee collected by the Department of State Health Services to cover the cost of arranging and conducting an animal control course may be appropriated only to the Department of State Health Services for the purpose of paying the costs of arranging and conducting the course. Section 2 of this Act does not apply to the dedication of revenue made by this section.
Senate Amendment No. 6 (Senate Floor Amendment No. 6)
Amend Floor Amendment No. 1 (Ogden) to HB 3107 by adding a new SECTION, numbered appropriately, and by renumbering any subsequent SECTIONS of the bill accordingly:
SECTION ____. ACCOUNTS IN JUDICIAL FUND AND RELATED DEDICATIONS OF REVENUE. Section 2 of this Act does not apply to:
(1) the supreme court support account created in the judicial fund by SBi1182 or similar legislation; or
(2) dedications of fee revenue deposited to the credit of the account described by Subdivision (1) of this section in accordance with the provisions of SB 1182 or similar legislation.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6357
Senate Amendment No. 7 (Senate Floor Amendment No. 7)
Amend Floor Amendment No. 1 (Ogden) to HB 3107 by inserting the following SECTION in the bill, appropriately numbered, and renumbering the SECTIONS of the bill accordingly:
SECTION ____. EFFECT OF SECTION 2 OF THIS ACT ON CERTAIN FUNDS OF TEXAS WINDSTORM INSURANCE ASSOCIATION. Section 2 of this Act does not apply to any fund, account, or dedication of revenue that is created or re-created by HB 2960, Acts of the 80th Legislature, Regular Session, 2007, or to which HB 2960 refers, including:
(1)iithe catastrophe reserve trust fund created under Subchapter J, Chapter 2210, Insurance Code;
(2)iithe dedicated trust fund created under Section 2210.607, Insurance Code, as added by HB 2960; and
(3)iipremium surcharges collected by the Texas Windstorm Insurance Association under Section 2210.058, Insurance Code, as amended by HB 2960.
Senate Amendment No. 8 (Senate Floor Amendment No. 8)
Amend Floor Amendment No. 1 (Ogden) to HB 3107 by adding the following SECTION, appropriately numbered, and renumbering the subsequent SECTIONS of the bill appropriately:
SECTION ____ . PERMANENT FUND FOR VETERANS' ASSISTANCE. (a) Section 403.108, Government Code, is transferred to Subchapter A, Chapter 434, Government Code, redesignated as Section 434.017, and amended to read as follows:
Sec. 434.017 [403.108]. [PERMANENT] FUND FOR VETERANS'S
ASSISTANCE. (a) The [permanent] fund for veterans' assistance is a special
fund in the state treasury outside the general revenue fund. The fund is composed
of:
(1) money transferred to the fund at the direction of the legislature;
(2) gifts and grants contributed to the fund; and
(3) the [available] earnings of the fund [determined in accordance with
Section 403.1068].
(b) Except as provided by Subsections (c) and (e), money in the fund may not be appropriated for any purpose.
(c) Money in [The available earnings of] the fund may be appropriated to the
Texas Veterans Commission to:
(1) enhance or improve veterans' assistance programs, including veterans' representation and counseling; and
(2) make grants to local communities to address veterans' needs.
(d) The Texas Veterans Commission may adopt rules governing the award of grants by the commission under this section.
(e) The comptroller may solicit and accept gifts and grants to the fund. A gift
or grant to the fund may be appropriated in the same manner as other money in
[the available earnings of] the fund, subject to any limitation or requirement
placed on the gift or grant by the donor or granting entity.
(f) Sections 403.095 and 404.071 do not apply to the fund.
6358 80th LEGISLATURE — REGULAR SESSION
(b) Section 403.1068(a), Government Code, is amended to read as follows:
(a) This section applies only to management of the permanent funds
established under Sections 403.105. 403.1055, 403.106, 403.1065, and
403.1066[, and 403.108].
(c) Effective August 27, 2007, the fund for veterans' assistance is re-created as a special fund in the state treasury outside the general revenue fund, and the fund and the revenue deposited to the credit of the fund are exempt from Section 2 of this Act.
HB 3693 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Straus called up with senate amendments for consideration at this time,
HB 3693, A bill to be entitled An Act relating to energy demand, energy load, energy efficiency incentives, energy programs, and energy performance measures.
Representative Straus moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3693.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 3693: Straus, chair; Talton, P. King, Anchia, and Crabb.
HB 12 - HOUSE DISCHARGES CONFEREES
HOUSE APPOINTS NEW CONFEREES
On motion of Representative Hilderbran, the house discharged the conferees on HB 12.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 12: Hilderbran, chair; Flores, Gattis, D. Howard, and O'Day.
HB 860 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Paxton called up with senate amendments for consideration at this time,
HB 860, A bill to be entitled An Act relating to management, investment, and expenditure of institutional funds and adoption of the Uniform Prudent Management of Institutional Funds Act.
Representative Paxton moved to concur in the senate amendments to HBi860.
A record vote was requested.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6359
The motion to concur in senate amendments prevailed by (Record 1869): 132 Yeas, 0 Nays, 3 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farias; Farrar; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker; Anderson; Solomons(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Driver; Farabee; Flores; Krusee; McClendon; Moreno; Mowery; Oliveira; Otto; Villarreal.
STATEMENT OF VOTE
When Record No. 1869 was taken, I was in the house but away from my desk. I would have voted yes.
Farabee
Senate Amendment No. 1 (Senate Committee Amendment No. 1)
Amend HB 860 as follows:
(1) on page 7, line 19 strike the word "The" and insert in lieu thereof "Except as provided in Subsection (f),"
(2) add a new subsection (f) on page 8, after line 25 to read as follows:
(f) This subsection applies only to a university system, as defined by Section 61.003(10), education code. The appropriation for expenditure in any year of an amount greater than nine percent of the fair market value of an endowment fund with an aggregate value of $450 million or more, calculated on the basis of market values determined at least quarterly and averaged over a period of not less than three years immediately preceding the year in which the appropriation for expenditure was made, creates a rebuttable presumption of imprudence. For an endowment fund in existence for fewer than three years, the fair market value of the endowment fund must be calculated for the period the endowment fund has been in existence. This subsection does not:
6360 80th LEGISLATURE — REGULAR SESSION
(1) apply to an appropriation for expenditure permitted under law other than this chapter or by the gift instrument; or
(2) create a presumption of prudence for an appropriation for expenditure of an amount less than or equal to nine percent of the fair market value of the endowment fund.
(3) renumber subsequent subsections accordingly.
Senate Amendment No. 2 (Senate Floor Amendment No. 1)
Amend HB 860 by adding the following appropriately numbered sections:
SECTION ____. Section 404.024, Government Code, is amended by amending Subsections (b) and (1) and adding Subsections (m) and (n) to read as follows:
(b) State funds not deposited in state depositories shall be invested by the comptroller in:
(1) direct security repurchase agreements;
(2) reverse security repurchase agreements;
(3) direct obligations of or obligations the principal and interest of which are guaranteed by the United States;
(4) direct obligations of or obligations guaranteed by agencies or instrumentalities of the United State government;
(5) bankers' acceptances that:
(A) are eligible for purchase by the Federal Reserve System;
(B) do not exceed 270 days to maturity; and
(C) are issued by a bank whose other comparable short-term
obligations are rated in [that has received] the highest short-term [credit] rating
category, within which there may be subcategories or gradations indicating
relative standing, including such subcategories or gradations as "rating category"
or "rated," by a nationally recognized statistical rating organization, as defined by
Rule 2a-7 (17 C.F.R. Section 270.2a-7), promulgated under the Investment
Company Act of 1940 by the Securities and Exchange Commission [investment
rating firm];
(6) commercial paper that:
(A) does not exceed 270 days to maturity; and
(B) except as provided by Subsection (i), is issued by an entity
whose other comparable short-term obligations are rated in [has received] the
highest short-term [credit] rating category by a nationally recognized statistical
rating organization[investment rating firm];
(7) contracts written by the treasury in which the treasury grants the purchaser the right to purchase securities in the treasury's marketable securities portfolio at a specified price over a specified period and for which the treasury is paid a fee and specifically prohibits naked-option or uncovered option trading;
(8) direct obligations of or obligations guaranteed by the Inter-American
Development Bank, the International Bank for Reconstruction and Development
(the World Bank), the African Development Bank, the Asian Development Bank,
and the International Finance Corporation that have received the highest
long-term [credit] rating categories for debt obligations by a nationally
recognized statistical rating organization [investment rating firm];
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6361
(9) bonds issued, assumed, or guaranteed by the State of Israel;
(10) obligations of a state or an agency, county, city, or other political subdivision of a state;
(11) mutual funds secured by obligations that are described by Subdivisions (1) through (6) or by obligations consistent with Rule 2a-7 (17 C.F.R. Section 270.2a-7), promulgated by the Securities and Exchange Commission, including pooled funds:
(A) established by the Texas Treasury Safekeeping Trust Company;
(B) operated like a mutual fund; and
(C) with portfolios consisting only of dollar-denominated securities;
[and]
(12) foreign currency for the sole purpose of facilitating investment by state agencies that have the authority to invest in foreign securities;
(13) asset-backed securities, as defined by the Securities and Exchange Commission in Rule 2a-7 (17 C.F.R. Section 270.2a-7), that are rated at least A or its equivalent by a nationally recognized statistical rating organization and that have a weighted-average maturity of five years or less; and
(14) corporate debt obligations that are rated at least A or its equivalent by a nationally recognized statistical rating organization and mature in five years or less from the date on which the obligations were "acquired," as defined by the Securities and Exchange Commission in Rule 2a-7 (17 C.F.R. Section 270.2a-7).
(1) The comptroller may lend securities under procedures established by the
comptroller. The procedures must be consistent with industry practice and must
include a requirement to fully secure the loan with cash, obligations described by
Subsection (b)(1)-(6), or a combination of cash and the described obligations.
Notwithstanding any law to the contrary, cash may be reinvested in the items
permitted under Subsection (b) or mutual funds, as defined by the Securities and
Exchange Commission in Rule 2a-7(17 C.F.R. Section 270.2a-7) [In this
subsection, "obligation" means an item described by Subsections (b) (1)-(6)].
(m) In entering into a direct security repurchase agreement or a reverse security repurchase agreement, the comptroller may agree to accept cash on an overnight basis in lieu of the securities, obligations, or participation certificates identified in Section 404.001(3). Cash held by the state under this subsection is not a deposit of state or public funds for purposes of any statute, including this subchapter or Subchapter D, that requires a deposit of state or public funds to be collateralized by eligible securities.
(n) Notwithstanding any other law to the contrary, any government investment pool created to function as a money market mutual fund and managed by the comptroller or the Texas Treasury Safekeeping Trust Company may invest the funds it receives in investments that are "eligible securities, " as defined by the Securities and Exchange Commission in Rule 2a-7 (17 C.F.R. Section 270.2a-7), if it maintains a dollar-weighted average portfolio maturity of 90 days or less, with the maturity of each portfolio security calculated in accordance with Rule 2a-7 (17 C.F.R. Section 270.2a-7), and meets the diversification requirements of Rule 2a-7.
6362 80th LEGISLATURE — REGULAR SESSION
HB 3200 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Madden called up with senate amendments for consideration at this time,
HB 3200, A bill to be entitled An Act relating to funding for community supervision and corrections departments.
Representative Madden moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3200.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 3200: Madden, chair; Haggerty, Hochberg, McReynolds, and Zedler.
(Speaker in the chair)
HB 3382 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Naishtat called up with senate amendments for consideration at this time,
HB 3382, A bill to be entitled An Act relating to providing certain computerized instructional material for blind and visually impaired students at public institutions of higher education.
Representative Naishtat moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3382.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 3382: Naishtat, chair; McCall, Leibowitz, Berman, and D. Howard.
PARLIAMENTARY INQUIRY
REPRESENTATIVE DUNNAM: At what point is HB 1 no longer subject to change? It is my understanding that conferees are going back and making potential changes. At what point can members look at the budget and know that it's not going to change, and it'll just be an up or down vote?
SPEAKER: I assume as soon as they've got it voted out and got it printed it'll be available to members.
DUNNAM: Once it is printed in our boxes, it is no longer going subject to change until after the house votes it up or down?
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6363
SPEAKER: I assume that's right, Mr. Dunnam––I don't know, if you've got a specific question.
DUNNAM: I don't, I just, members are just wondering when the budget is going to be final and if they have stuff in the budget, it's in the budget and if they don't have stuff in the budget, it's not in the budget. At what point is all that final?
SPEAKER: Well, the last day to adopt the conference committee reports is Sunday.
DUNNAM: Okay. Parliamentary inquiry, Mr. Speaker.
SPEAKER: State your inquiry.
DUNNAM: Is a question of privilege, when is that in order?
SPEAKER: I'm sorry, Mr. Dunnam?
DUNNAM: When is a question of privilege in order, when can a member make a question of privilege? Is there any limitation on when a member can make a question of privilege?
SPEAKER: You can make it at any time, you know, at any time if you're recognized for it.
DUNNAM: Is a question of privilege something that is mandatory for the chair to recognize that member on?
SPEAKER: No.
DUNNAM: And where's the chair's authority on that, that a question of privilege, that it requires recognition?
SPEAKER: Under Rule 5, Section 24, the chair has the absolute authority to recognize or to not recognize.
DUNNAM: Even on a question of privilege?
SPEAKER: Yes, that's correct.
DUNNAM: So, on personal privilege it's the same? When members want to give a personal privilege, is that something that the chair has to recognize?
SPEAKER: The chair can recognize.
DUNNAM: And if a member makes a motion under Rule 5, Section 35, is it the chair's position that those require recognition from the chair?
SPEAKER: Yes.
DUNNAM: Is the chair's failure to recognize such a motion subject to appeal?
SPEAKER: No.
DUNNAM: Does the chair have any other authority other than Rule 5, Sectioni24, for that?
SPEAKER: Let me, let me check on that, Mr. Dunnam. Not at this time.
DUNNAM: Does a question of privilege have precedent over all other pending questions, other than a motion to adjourn?
6364 80th LEGISLATURE — REGULAR SESSION
SPEAKER: That's correct.
DUNNAM: Do I need to ask Mr. Dutton?
SPEAKER: You can ask anyone you like, Mr. Dunnam.
DUNNAM: Well, I'd like to ask the man whose going to call the answer. Is a motion to vacate the chair a question of privilege?
SPEAKER: I don't believe there's such a motion in the rules.
DUNNAM: Is that a no?
SPEAKER: That's what it is, Mr. Dunnam.
HB 4053 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Eiland called up with senate amendments for consideration at this time,
HB 4053, A bill to be entitled An Act relating to the creation of the Galveston Grand Beach Management District; providing authority to levy an assessment, impose a tax, and issue bonds.
Representative Eiland moved to concur in the senate amendments to HBi4053.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1870): 140 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6365
Absent — Crownover; Farabee; Moreno; Olivo.
STATEMENT OF VOTE
When Record No. 1870 was taken, I was in the house but away from my desk. I would have voted yes.
Farabee
Senate Committee Substitute
CSHB 4053, A bill to be entitled An Act relating to the creation of the Galveston Grand Beach Management District; providing authority to levy an assessment, impose a tax, and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiGALVESTON GRAND BEACH MANAGEMENT DISTRICT. Subtitle C, Title 4, Special District Local Laws Code, is amended by adding Chapter 3856 to read as follows:
CHAPTER 3856. GALVESTON GRAND BEACH MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec.i3856.001.iiDEFINITIONS. In this chapter:
(1)ii"Board" means the district's board of directors.
(2)ii"District" means the Galveston Grand Beach Management District.
Sec.i3856.002.iiGALVESTON GRAND BEACH MANAGEMENT DISTRICT. The district is a special district created under Section 59, Article XVI, Texas Constitution.
Sec.i3856.003.iiPURPOSE; DECLARATION OF INTENT. (a) The creation of the district is essential to accomplish the purposes of Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other public purposes stated in this chapter. By creating the district and in authorizing the City of Galveston, Galveston County, and other political subdivisions to contract with the district, the legislature has established a program to accomplish the public purposes set out in Section 52-a, Article III, Texas Constitution.
(b)iiThe creation of the district is necessary to promote, develop, encourage, and maintain employment, commerce, transportation, housing, tourism, recreation, the arts, entertainment, economic development, safety, and the public welfare in the district.
(c)iiThis chapter and the creation of the district may not be interpreted to relieve the City of Galveston or Galveston County from providing the level of services provided as of the effective date of the Act enacting this chapter to the area in the district. The district is created to supplement and not to supplant the county or city services provided in the area in the district.
Sec.i3856.004.iiFINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a) The district is created to serve a public use and benefit.
(b)iiAll land and other property included in the district will benefit from the improvements and services to be provided by the district under powers conferred by Sections 52 and 52-a, Article III, and Section 59, Article XVI, Texas Constitution, and other powers granted under this chapter.
6366 80th LEGISLATURE — REGULAR SESSION
(c)iiThe creation of the district is in the public interest and is essential to:
(1)iifurther the public purposes of developing and diversifying the economy of the state;
(2)iieliminate unemployment and underemployment; and
(3)iidevelop or expand transportation and commerce.
(d)iiThe district will:
(1)iipromote the health, safety, and general welfare of residents, employers, potential employees, employees, visitors, and consumers in the district, and of the public;
(2)iiprovide needed funding for the district to preserve, maintain, and enhance the economic health and vitality of the district territory as a residential community and business center; and
(3)iipromote the health, safety, welfare, and enjoyment of the public by providing pedestrian ways and by landscaping and developing certain areas in the district, which are necessary for the restoration, preservation, and enhancement of scenic beauty.
(e)iiPedestrian ways along or across a street, whether at grade or above or below the surface, and street lighting, street landscaping, parking, and street art objects are parts of and necessary components of a street and are considered to be a street or road improvement.
(f)iiThe district will not act as the agent or instrumentality of any private interest even though the district will benefit many private interests as well as the public.
Sec.i3856.005.iiDISTRICT TERRITORY. (a) The district is composed of the territory described by Section 2 of the Act enacting this chapter, as that territory may have been modified under:
(1)iiSection 3856.108;
(2)iiSubchapter J, Chapter 49, Water Code; or
(3)iiother law.
(b)iiThe boundaries and field notes of the district contained in Section 2 of the Act enacting this chapter form a closure. A mistake in the field notes or in copying the field notes in the legislative process does not in any way affect the district's:
(1)iiorganization, existence, or validity;
(2)iiright to issue any type of bond for a purpose for which the district is created or to pay the principal of and interest on the bond;
(3)iiright to impose or collect an assessment or tax; or
(4)iilegality or operation.
Sec.i3856.006.iiELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. All or any part of the area of the district is eligible to be included in:
(1)iia tax increment reinvestment zone created by a municipality under Chapter 311, Tax Code;
(2)iia tax abatement reinvestment zone created by a municipality under Chapter 312, Tax Code; or
(3)iian enterprise zone created by a municipality under Chapter 2303, Government Code.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6367
Sec.i3856.007.iiAPPLICABILITY OF MUNICIPAL MANAGEMENT DISTRICTS LAW. Except as otherwise provided by this chapter, Chapter 375, Local Government Code, applies to the district.
Sec.i3856.008.iiLIBERAL CONSTRUCTION OF CHAPTER. This chapter shall be liberally construed in conformity with the findings and purposes stated in this chapter.
[Sections 3856.009-3856.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec.i3856.051.iiGOVERNING BODY; TERMS. (a) The district is governed by a board of nine voting directors appointed under Section 3856.052 and nonvoting directors as provided by Section 3856.053.
(b)iiVoting directors serve staggered terms of four years, with four or five directors' terms expiring June 1 of each odd-numbered year.
(c)iiThe board by resolution may increase or decrease the number of directors on the board if the board finds that it is in the best interest of the district. The board may not consist of fewer than seven or more than 13 directors.
Sec.i3856.052.iiAPPOINTMENT OF DIRECTORS. The board shall nominate a slate of persons to serve on the succeeding board as voting directors. The members of the governing body of the City of Galveston shall appoint as voting directors the slate of persons nominated by the board.
Sec.i3856.053.iiNONVOTING DIRECTORS. (a) The following persons serve as nonvoting directors:
(1)iithe directors of the following departments of the City of Galveston or a person designated by that director:
(A)iiparks and recreation;
(B)iiplanning and zoning; and
(C)iipublic works; and
(2)iithe city manager of the City of Galveston or a person designated by the city manager.
(b)iiIf a department described by Subsection (a) is consolidated, renamed, or changed, the board may appoint a director of the consolidated, renamed, or changed department as a nonvoting director. If a department described by Subsection (a) is abolished, the board may appoint a representative of another department that performs duties comparable to those performed by the abolished entity.
(c)iiNonvoting directors are not counted for the purposes of establishing a quorum of the board.
Sec.i3856.054.iiCONFLICTS OF INTEREST; ONE-TIME AFFIDAVIT. (a) Except as provided by this section:
(1)iia director may participate in all board votes and decisions; and
(2)iiChapter 171, Local Government Code, governs conflicts of interest for directors.
(b)iiSection 171.004, Local Government Code, does not apply to the district. A director who has a substantial interest in a business or charitable entity that will receive a pecuniary benefit from a board action shall file a one-time affidavit
6368 80th LEGISLATURE — REGULAR SESSION
(1)iia majority of the directors have a similar interest in the same entity; or
(2)iiall other similar business or charitable entities in the district will receive a similar pecuniary benefit.
(c)iiA director who is also an officer or employee of a public entity may not participate in the discussion of or vote on a matter regarding a contract with that same public entity.
(d)iiFor purposes of this section, a director has a substantial interest in a charitable entity in the same manner that a person would have a substantial interest in a business entity under Section 171.002, Local Government Code.
Sec.i3856.055.iiINITIAL VOTING DIRECTORS. (a) The initial board consists of the following voting directors:
| Pos. No. | Name of Director | |||
| ii1 | Richard G. Anderson | |||
| ii2 | Arnold C. Tauch | |||
| ii3 | Tofigh Shirazi | |||
| ii4 | Jim Carpenter | |||
| ii5 | Frank Schaefer | |||
| ii6 | Donna Coleman | |||
| ii7 | Martha Wallace | |||
| ii8 | Juan Pena | |||
| ii9 | Chad Murphy |
(b)iiOf the initial voting directors, the terms of directors appointed for positions 1 through 5 expire June 1, 2009, and the terms of directors appointed for positions 6 through 9 expire June 1, 2011.
(c)iiSection 3856.052 does not apply to this section.
(d)iiThis section expires September 1, 2012.
[Sections 3856.056-3856.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec.i3856.101.iiADDITIONAL POWERS OF DISTRICT. The district may exercise the powers given to:
(1)iia corporation created under Section 4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes), including the power to own, operate, acquire, construct, lease, improve, and maintain projects described by that section;
(2)iia housing finance corporation created under Chapter 394, Local Government Code, to provide housing or residential development projects in the district;
(3)iia road utility district under Chapter 441, Transportation Code;
(4)iia navigation district under Subchapters E and M, Chapter 60, Water Code; and
(5)iia navigation district under Section 61.116, Water Code.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6369
Sec.i3856.102.iiNONPROFIT CORPORATION. (a) The board by resolution may authorize the creation of a nonprofit corporation to assist and act for the district in implementing a project or providing a service authorized by this chapter.
(b)iiThe nonprofit corporation:
(1)iihas each power of and is considered for purposes of this chapter to be a local government corporation created under Chapter 431, Transportation Code; and
(2)iimay implement any project and provide any service authorized by this chapter.
(c)iiThe board shall appoint the board of directors of the nonprofit corporation. The board of directors of the nonprofit corporation shall serve in the same manner as the board of directors of a local government corporation created under Chapter 431, Transportation Code.
Sec.i3856.103.iiAGREEMENTS; GRANTS. (a) The district may make an agreement with or accept a gift, grant, or loan from any person.
(b)iiThe implementation of a project is a governmental function or service for the purposes of Chapter 791, Government Code.
Sec.i3856.104.iiAUTHORITY TO CONTRACT FOR LAW ENFORCEMENT. To protect the public interest, the district may contract with Galveston County or the City of Galveston to provide law enforcement services in the district for a fee.
Sec.i3856.105.iiCOMPETITIVE BIDDING. Section 375.221, Local Government Code, applies to the district only for a contract that has a value greater than $25,000.
Sec.i3856.106.iiMEMBERSHIP IN CHARITABLE ORGANIZATIONS. (a) The district may join and pay dues to an organization that:
(1)iienjoys tax-exempt status under Section 501(c)(3), (4), or (6), Internal Revenue Code of 1986; and
(2)iiperforms a service or provides an activity consistent with the furtherance of a district purpose.
(b)iiAn expenditure of public money for membership in the organization is considered to further a district purpose and to be for a public purpose.
Sec.i3856.107.iiECONOMIC DEVELOPMENT PROGRAMS. (a) The district may establish and provide for the administration of one or more programs to promote state or local economic development and to stimulate business and commercial activity in the district, including programs to:
(1)iimake loans and grants of public money; and
(2)iiprovide district personnel and services.
(b)iiFor purposes of this section, the district has all of the powers of a municipality under Chapter 380, Local Government Code.
Sec.i3856.108.iiANNEXATION.iiIn addition to the authority to annex territory under Subchapter C, Chapter 375, Local Government Code, the district may annex territory in a reinvestment zone created by the City of Galveston under Chapter 311, Tax Code, if the city's governing body consents to the annexation.
6370 80th LEGISLATURE — REGULAR SESSION
Sec.i3856.109.iiNO EMINENT DOMAIN. The district may not exercise the power of eminent domain.
[Sections 3856.110-3856.150 reserved for expansion]
SUBCHAPTER D. FINANCIAL PROVISIONS
Sec.i3856.151.iiDISBURSEMENTS AND TRANSFERS OF MONEY. The board by resolution shall establish the number of directors' signatures and the procedure required for a disbursement or transfer of the district's money.
Sec.i3856.152.iiTAX AND BOND ELECTIONS. (a) The district shall hold an election in the manner provided by Subchapter L, Chapter 375, Local Government Code, to obtain voter approval before the district imposes an ad valorem tax or issues bonds payable from ad valorem taxes.
(b)iiThe board may include more than one purpose in a single proposition at an election.
(c)iiSection 375.243, Local Government Code, does not apply to the district.
Sec.i3856.153.iiAD VALOREM TAX. (a) If authorized at an election held in accordance with Section 3856.152, the district may impose an annual ad valorem tax on taxable property in the district to:
(1)iimaintain and operate the district;
(2)iiconstruct or acquire improvements; or
(3)iiprovide a service.
(b)iiThe board shall determine the tax rate.
Sec.i3856.154.iiASSESSMENTS; LIENS FOR ASSESSMENTS. (a) The board by resolution may impose and collect an assessment for any purpose authorized by this chapter.
(b)iiThe board may not impose an assessment on a parcel of real property with a taxable value of less than $50,000 at the time of the assessment, according to the most recent certified tax appraisal roll for Galveston County, unless the owner of that parcel agrees in writing to pay the assessment.
(c)iiAn assessment, a reassessment, or an assessment resulting from an addition to or correction of the assessment roll by the district, penalties and interest on an assessment or reassessment, an expense of collection, and reasonable attorney's fees incurred by the district:
(1)iiare a first and prior lien against the property assessed;
(2)iiare superior to any other lien or claim other than a lien or claim for county, school district, or municipal ad valorem taxes; and
(3)iiare the personal liability of and a charge against the owners of the property even if the owners are not named in the assessment proceedings.
(d)iiThe lien is effective from the date of the board's resolution imposing the assessment until the date the assessment is paid. The board may enforce the lien in the same manner that the board may enforce an ad valorem tax lien against real property.
(e)iiThe board may make a correction to or deletion from the assessment roll that does not increase the amount of assessment of any parcel of land without providing notice and holding a hearing in the manner required for additional assessments.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6371
Sec.i3856.155.iiPETITION REQUIRED FOR FINANCING SERVICES AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a service or improvement project with assessments under this chapter unless a written petition requesting that service or improvement has been filed with the board.
(b)iiThe petition must be signed by:
(1)iithe owners of a majority of the assessed value of real property in the district subject to assessment according to the most recent certified tax appraisal roll for Galveston County; or
(2)iiat least 25 persons who own real property in the district, if more than 25 persons own real property in the district according to the most recent certified tax appraisal roll for Galveston County.
Sec.i3856.156.iiUTILITY PROPERTY EXEMPT FROM IMPACT FEES OR ASSESSMENTS. The district may not impose an impact fee or assessment on the property, including the equipment, rights-of-way, facilities, or improvements, of:
(1)iian electric utility or a power generation company as defined by Section 31.002, Utilities Code;
(2)iia gas utility as defined by Section 101.003 or 121.001, Utilities Code; or
(3)iia person who provides to the public cable television or advanced telecommunications services.
Sec.i3856.157.iiBONDS AND OTHER OBLIGATIONS. (a) The district may issue bonds or other obligations payable wholly or partly from taxes, assessments, impact fees, revenue, grants, or other money of the district, or any combination of those sources of money, to pay for any authorized purpose of the district.
(b)iiIn exercising the district's borrowing power, the district may issue a bond or other obligation in the form of a bond, note, certificate of participation or other instrument evidencing a proportionate interest in payments to be made by the district, or other type of obligation.
Sec.i3856.158.iiMUNICIPALITY NOT REQUIRED TO PAY DISTRICT OBLIGATIONS. Except as provided by Section 375.263, Local Government Code, a municipality is not required to pay a bond, note, or other obligation of the district.
[Sections 3856.159-3856.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec.i3856.201.iiEXCEPTION FOR DISSOLUTION OF DISTRICT WITH OUTSTANDING DEBT.ii(a) The board may vote to dissolve a district that has debt. If the vote is in favor of dissolution, the district shall remain in existence solely for the limited purpose of discharging its debts. The dissolution is effective when all debts have been discharged.
(b)iiSection 375.264, Local Government Code, does not apply to the district.
SECTIONi2.iiBOUNDARIES. As of the effective date of this Act, the Galveston Grand Beach Management District encompasses approximately 456 acres and includes all territory contained in the following described area:
6372 80th LEGISLATURE — REGULAR SESSION
BEGINNING at the intersection of the Northeasterly corner of the Southerly right-of-way line of East Seawall Blvd. and the Northerly right-of-way line of Apfell Park Dr.;
THENCE proceeding in a Northeasterly direction along the Southeasterly right-of-way line of East Seawall Blvd. to a point representing the Westerly projection of a certain 5.9620 acre shown in the deed records as the West Part of Reserve C (3-2) Grand Beach;
THENCE in an Easterly direction along said projection to a point at the intersection of the Westerly right-of-way line of Apffel Park Dr.;
THENCE in an Northeasterly direction along said right-of-way to the Northwesterly corner of a certain 33.5829 acre tract shown in the deed records as Reserve F Grand Beach;
THENCE in an Easterly direction along the Northerly property line of said tract to the intersection of the Westerly right-of-way line of Apffel Park Dr.;
THENCE in an Easterly direction along the Northern right-of-way line of Apffel Park Dr. to a point representing the Easterly projection of said right-of-way and its intersection with the Northeasterly projection of the property line of a certain 20 acre tract shown in the deed records as Reserve G (7-2) Grand Beach;
THENCE in a Southwesterly direction to a point at the Southwesterly corner of a certain 24.6649 acre tract shown in the deed records as Part of Reserve I (9-1) Grand Beach;
THENCE in a Northwesterly direction to a point at the intersection of Southerly right of way line of East Seawall Blvd.;
THENCE in a North Easterly direction along the Southerly right-of-way line of East Seawall Blvd. to the POINT OF BEGINNING.
PROVIDED; HOWEVER, that such boundaries shall specifically exclude those properties currently known as the Islander East Condominiums and the Galvestonian unless such property is later annexed pursuant to the provisions of this Act.
SECTIONi3.iiLEGISLATIVE FINDINGS. The legislature finds that:
(1)iiproper and legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished by the constitution and laws of this state, including the governor, who has submitted the notice and Act to the Texas Commission on Environmental Quality;
(2)iithe Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time;
(3)iithe general law relating to consent by political subdivisions to the creation of districts with conservation, reclamation, and road powers and the inclusion of land in those districts has been complied with; and
(4)iiall requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act have been fulfilled and accomplished.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6373
SECTIONi4.iiEFFECTIVE DATE. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.
HB 4113 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Cohen called up with senate amendments for consideration at this time,
HB 4113, A bill to be entitled An Act relating to the Buffalo Bayou Management District.
Representative Cohen moved to concur in the senate amendments to HBi4113.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1871): 122 Yeas, 8 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Burnam; Callegari; Castro; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eissler; England; Escobar; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Gonzales; Gonzalez Toureilles; Guillen; Haggerty; Hardcastle; Harless; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Mallory Caraway; Martinez; Martinez Fischer; McClendon; Menendez; Merritt; Miles; Miller; Morrison; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zerwas.
Nays — Brown, B.; Brown, F.; Crabb; Elkins; Hancock; Macias; Madden; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Chavez; Chisum; Eiland; Farabee; Giddings; Goolsby; Harper-Brown; Keffer; McCall; McReynolds; Moreno; Mowery; Oliveira; Thompson.
6374 80th LEGISLATURE — REGULAR SESSION
STATEMENT OF VOTE
When Record No. 1871 was taken, I was in the house but away from my desk. I would have voted yes.
Farabee
Senate Committee Substitute
CSHB 4113, A bill to be entitled An Act relating to the Buffalo Bayou Management District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 4, Chapter 997, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows:
Sec.i4.iiBOUNDARIES. The Buffalo Bayou Management District [district]
includes all the territory contained in the following described area:
POINT OF BEGINNING at the intersection of the center line of Allen Parkway and the west boundary line of the Houston Downtown Management District, then west along the center line of Allen Parkway to the west boundary line of Montrose right-of-way, then south along the west boundary line of Montrose right-of-way to the south boundary line of West Dallas right-of-way, then west along the south boundary line of West Dallas right-of-way to the intersection of the west boundary line of Shepherd Drive right-of-way. Then north along the west boundary line of Shepherd Drive right-of-way to the intersection of the south boundary line of the Memorial Drive right-of-way. Then west along the south boundary line of Memorial Drive right-of-way to the intersection of the west boundary line of Detering right-of-way. Then north along the west boundary line of Detering right-of-way to the intersection of the north boundary line of Memorial Drive right-of-way. Then east along the north boundary line of Memorial Drive right-of-way to the west boundary line of Shepherd Drive right-of-way. Then north along the west boundary line of Shepherd Drive right-of-way to the intersection of the north boundary line of Feagan Street right-of-way. Then east along the north boundary line of Feagan Street right-of-way until the intersection of the the west boundary line of Jackson Hill Street right-of-way. Then north along the west boundary line of Jackson Hill Street right-of-way to the intersection of the north boundary line of Blossom Street right-of-way. Then west along the north boundary line of Blossom Street right-of-way until the intersection of the east boundary line of Heights Boulevard right-of-way. Then north along the east boundary line of Heights Boulevard right-of-way to the intersection of the south boundary line of Washington Avenue right-of-way. Then east along the south boundary line of Washington Avenue right-of-way to the intersection of the west boundary line of the Washington Cemetery. Then south along the west boundary line of the Washington Cemetery to the intersection of the north boundary line of Memorial Drive right-of-way. Then east along the north boundary line of Memorial Drive right-of-way to the intersection of the northeast corner of Memorial Drive right-of-way and the northern bank of Buffalo Bayou. Then curve around the northern bank of Buffalo Bayou to the northeastern corner of the intersection of the north boundary line of Memorial Drive. Then east long the north boundary line of Memorial Drive
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6375
SECTIONi2.iiSections 3820.051(a) and (b), Special District Local Laws Code, are amended to read as follows:
6376 80th LEGISLATURE — REGULAR SESSION
(a)iiExcept as provided by Subsection (c), the district is governed by a board
of nine [31] voting directors appointed under Section 3820.052 and nonvoting
directors as provided by Section 3820.053.
(b)iiVoting directors serve staggered terms of four years, with four [15] or
five [16] directors' terms expiring June 1 of each odd-numbered year.
SECTIONi3.iiSection 3820.055, Special District Local Laws Code, is amended to read as follows:
Sec.i3820.055.iiBOARD [INITIAL DIRECTORS].ii(a) The [initial] board
consists of the following persons:
Pos. No.iiName of Director
ii1iiiiiiiKay Crooker
ii2iiiiiiiSteve Costelloiiiiiii[Mike Garver]
ii3iiiiiiiBarrett Sidesiiiiiiii[Jackie Martin]
ii4iiiiiiiWilliam Tayloriiiiiii[Mark Lee]
ii5iiiiiiiJulie McClureiiiiiiii[John Chase, Jr.]
ii6iiiiiiiPeter Grimiiiiiiiiiii[Adrian Collins]
ii7iiiiiiiMax Schuette
ii8iiiiiiiThomas Arcidiaconoiii[June Deadrick]
ii9iiiiiiiSteve Gibsoniiiiiiiii[Don Cutrer
[10iiiiiiiiiiiiiiiiiiiiiiiiiiiiRaju Adwaney
[11iiiiiiiiiiiiiiiiiiiiiiiiiiiiMike Mark
[12iiiiiiiiiiiiiiiiiiiiiiiiiiiiSia Ravari
[13iiiiiiiiiiiiiiiiiiiiiiiiiiiiCherry Walker
[14iiiiiiiiiiiiiiiiiiiiiiiiiiiiJohn Hansen
[15iiiiiiiiiiiiiiiiiiiiiiiiiiiiJohn Dao
[16iiiiiiiiiiiiiiiiiiiiiiiiiiiiWilliam Taylor
[17iiiiiiiiiiiiiiiiiiiiiiiiiiiiKaren Domino
[18iiiiiiiiiiiiiiiiiiiiiiiiiiiiKevin Hoffman
[19iiiiiiiiiiiiiiiiiiiiiiiiiiiiJeff Andrews
[20iiiiiiiiiiiiiiiiiiiiiiiiiiiiiWilliam Paul Thomas
[21iiiiiiiiiiiiiiiiiiiiiiiiiiiiiTheola Petteway
[22iiiiiiiiiiiiiiiiiiiiiiiiiiiiiKeith Wade
[23iiiiiiiiiiiiiiiiiiiiiiiiiiiiiChryisse Wilson
[24iiiiiiiiiiiiiiiiiiiiiiiiiiiiiSadie Rucker
[25iiiiiiiiiiiiiiiiiiiiiiiiiiiiiJulie McClure
[26iiiiiiiiiiiiiiiiiiiiiiiiiiiiiAngie Gomez
[27iiiiiiiiiiiiiiiiiiiiiiiiiiiiiTom Fricke
[28iiiiiiiiiiiiiiiiiiiiiiiiiiiiiJames Robert McDermaid
[29iiiiiiiiiiiiiiiiiiiiiiiiiiiiiKathy Hubbard
[30iiiiiiiiiiiiiiiiiiiiiiiiiiiiiMarsha Johnson
[31iiiiiiiiiiiiiiiiiiiiiiiiiiiiiCraig Jackson]
(b)iiThe [Of the initial directors, the] terms of directors appointed for
positions 1 through 5 [15] expire June 1, 2009 [2005], and the terms of directors
appointed for positions 6 [16] through 9 [31] expire June 1, 2011 [2007].
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6377
(b-1)iiThe term of each membership position on the board as the term exists immediately preceding the effective date of the Act adding this subsection expires on that effective date. On that date, a new board is appointed as provided by Subsection (a) to serve terms as provided by Subsection (b).
(c)iiSection 3820.052 does not apply to this section.
(d)iiThis section expires September 1, 2011 [2007].
SECTIONi4.iiSection 3820.105, Special District Local Laws Code, is amended to read as follows:
Sec.i3820.105.iiCOMPETITIVE BIDDING. Section 375.221, Local
Government Code, applies to the district only for a contract that has a value
greater than $25,000 [$15,000].
SECTIONi5.iiSubchapter D, Chapter 3820, Special District Local Laws Code, is amended by adding Section 3820.160 to read as follows:
Sec.i3820.160.iiCERTAIN RESIDENTIAL PROPERTY NOT EXEMPT. Section 375.161, Local Government Code, does not apply to the district.
SECTIONi6.iiThe legislature finds that:
(1)iiproper and legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished by the constitution and laws of this state, including the governor, who has submitted the notice and Act to the Texas Commission on Environmental Quality;
(2)iithe Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time;
(3)iithe general law relating to consent by political subdivisions to the creation of districts with conservation, reclamation, and road powers and the inclusion of land in those districts has been complied with; and
(4)iiall requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act have been fulfilled and accomplished.
SECTIONi7.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, 2007.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 4113 (senate committee printing) by striking SECTION 5 of the bill (page 3, lines 36 through 41) and renumbering subsequent SECTIONS accordingly.
Senate Amendment No. 2 (Senate Floor Amendment No. 2)
Amend CSHB 4113 (senate committee printing) as follows:
(1) In Section 1 of the bill, in amended Section 4, Chapter 997, Acts of the 78th Legislature, Regular Session, 2003 (page 1, line 41), Strike "west" and substitute "east"
6378 80th LEGISLATURE — REGULAR SESSION
(2) In Section 3 of the bill, in amended Section 3820.055(a), Special District Local Laws Code (page 2, line 61), strike Barrett Sides" and substitute "Ted Kennedy".
HB 3560 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Swinford called up with senate amendments for consideration at this time,
HB 3560, A bill to be entitled An Act relating to transferring to the comptroller the duties of the Texas Building and Procurement Commission that do not primarily concern state facilities.
Representative Swinford moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3560.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 3560: Swinford, chair; Gallego, Ritter, Chisum, and Woolley.
REMARKS ORDERED PRINTED
Representative Dunnam moved to print remarks between Speaker Craddick and Representative Dunnam.
The motion prevailed.
PARLIAMENTARY INQUIRY
REPRESENTATIVE DUNNAM: The chair stated earlier that the chair could refuse to recognize a member on a question of privilege of the house under Rulei5, Section 24. Is that correct?
SPEAKER: That's correct.
DUNNAM: The chair stated that there is no appeal on the chair's decision on recognition, is that correct?
SPEAKER: That's correct.
DUNNAM: Can the chair then explain to the house how the chair, as a member of the house, in 1971 could vote to appeal the ruling of Speaker Mutscher that Ms. Farenthold's resolution to investigate the actions of Speaker Mutscher during the Sharpstown Scandal if the speaker could not refuse recognition? Because Ms. Farenthold moved a question of privilege, Mr. Mutscher did not recognize her, and it says that Mr. Craddick voted to appeal that recognition decision. So, what I'd like to ask you, if you voted that way in 1971, why can't this chamber vote that way today?
SPEAKER: Mr. Dunnam, I'm not sure at that time, Rule 5, Section 24, was in the rules, was it?
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6379
DUNNAM: I don't know. I do have a copy of the motion here and it says that Ms. Farenthold moved as a matter of privilege to take up and consider at that time HCRi87. The speaker did not recognize Ms. Farenthold on the motion stating that the resolution was not privileged under the rules of the house, and the recognition cannot be considered at the time. Mr. Denton appealed the ruling of the chair, it was seconded, and Mr. Craddick voted with the "Dirty 30".
SPEAKER: Mr. Dunnam, you're referring to a motion that I don't know whether Rule 5, Section 24, was even there at that time.
DUNNAM: The motion was to investigate the actions of Mr. Mutscher.
SPEAKER: Mr. Dunnam, I don't know whether this rule was in effect. I'm just looking at the rule book right here. The rule book says, Mr. Dunnam, okay, it says that under Rule 5, Section 24, under recognition, there should be no appeal from the speaker's recognition but the speaker shall be governed by rules and whatever.
DUNNAM: But matters of privilege, they have always not required recognition, Mr. Speaker.
SPEAKER: Excuse me?
DUNNAM: Matters of privilege have never required recognition. That's why they're called matters of privilege. They are matters that members can bring up and the speaker is required to recognize them. It was the same rule, I am informed. If there is no motion to vacate the chair under the rules, is a resolution declaring the office of speaker vacant, does that present a question of privilege of the house? A resolution, a resolution declaring the office of the speaker vacant, is that a question of privilege?
SPEAKER: It does present a question of privilege, but there are procedural ways in which you can take care of that matter.
DUNNAM: And what would those be?
SPEAKER: It is referred to committee unless there is a suspension.
DUNNAM: Under Mason Section 582, isn't the chair suppose to leave the chair under any business concerning the chair, and isn't that the same under Heinz Precedent Volume II, Section 1359? My question is basically if there is a motion made in regard to the status of the chair, is that chair going to rule on whether or not it's in order?
SPEAKER: Your first question, that is true, that's if you're recognized.
DUNNAM: And although you participated in appealing Mr. Mutscher's refusal to recognize Ms. Farenthold, you're saying that at this time this body will not have the ability to appeal your decision in this kind of matter?
SPEAKER: Mr. Dunnam, I'm just reading the rule book that we all use. I don't know whether Rule 5, Section 24, was there or not at that point.
DUNNAM: I'll go get a copy and I'll be back.
6380 80th LEGISLATURE — REGULAR SESSION
SPEAKER: That'd be great.
DUNNAM: In 1971, it is my understanding it was the same rule but it was Rulei11, Section 3. The number, the number of the rule, and I think it's in the last page, let's see. Goodness gracious, I had it here all along. I believe Rule 11, Section 3, of the 72nd Legislature says there shall be no appeal from the speaker's recognition but he shall be governed by the rules for uses of priority and entertaining motions from the floor. I believe that is the exact same rule we have today.
SPEAKER: We'll just have to look at it, Mr. Dunnam. Bring them down front and we'll look at them.
DUNNAM: I'll bring them down.
REPRESENTATIVE T. SMITH: Mr. Speaker, is it true in rendering an opinion on Mr. Dunnam's question that you overruled your own parliamentarian and assistant parliamentarian's advice to you?
SPEAKER: Not to my knowledge, Mr. Smith. I'm not advised.
T. SMITH: You don't know?
SPEAKER: I don't remember overruling my parliamentarian, Mr. Smith.
T. SMITH: So you're telling me that Ms. Davis and Chris advised you that that ruling was appropriate and your ruling was consistent with their advice to you?
SPEAKER: Mr. Smith, I used the rules in front of me and I asked the parliamentarian, which is an advisor to the speaker.
T. SMITH: And she told you that your ruling was correct and she agreed with it?
SPEAKER: I didn't, I didn't, I looked over and asked her, and I don't know if she agreed or didn't agree, Mr. Smith.
T. SMITH: So you're saying––did you or did you not, Mr. Speaker, ignore the advice of Denise Davis in rendering that opinion?
SPEAKER: It's a privileged conversation between the two of us, she said.
DUNNAM: Has the chair had the opportunity yet to review and compare Rulei11, Section 3, from the 72nd Legislature to our current Rule 5, Section 24, that you cited earlier?
SPEAKER: Not yet, Mr. Dunnam.
DUNNAM: Will you advise us when you've done so?
SPEAKER: She's going to look at it.
REMARKS ORDERED PRINTED
Representative Dunnam moved to print remarks between Speaker Craddick and Representative Dunnam and Speaker Craddick and Representative T. Smith.
The motion prevailed.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6381
REPRESENTATIVE PITTS: Who employs the parliamentarian?
SPEAKER: The speaker does.
PITTS: Is she an officer of the house?
SPEAKER: I was going to say he or she is a house officer.
PITTS: She would be an officer of the house?
SPEAKER: That's correct.
PITTS: And where does the privilege come in with an officer of the house with the speaker?
SPEAKER: It's special counsel, so there's attorney-client privilege as well.
PITTS: She is your special counsel for the house, is that correct?
SPEAKER: She is to the house, but to each individual member also.
PITTS: So you're exercising a privilege with your attorney on this matter, is that correct?
SPEAKER: Just a moment, Mr. Pitts.
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. 46 and Senate List No. 49).
HOUSE AT EASE
At 7:51 p.m., the speaker announced that the house would stand at ease until 8ip.m. today.
The speaker called the house to order at 8:39 p.m.
PARLIAMENTARY INQUIRY
PITTS: We were in the middle of a conversation when you stood at ease.
SPEAKER: I'm sorry, Mr. Pitts.
PITTS: And I was asking about your evoking privilege with the parliamentarian. Did you come out with an answer on that, or do we have a parliamentarian tonight?
SPEAKER: I didn't hear objection to bring up the bills, but Mr. Pitts, Chris is right here behind us.
PITTS: I didn't see Chris.
SPEAKER: Okay.
PITTS: Mr. Speaker, parliamentary inquiry.
SPEAKER: Mr. Villarreal objects to bringing up the bills.
6382 80th LEGISLATURE — REGULAR SESSION
RECESS
At 8:43 p.m., the speaker announced that the house would stand recessed until 11ip.m. today.
NIGHT SESSION
The house met at 11 p.m. and was called to order by the speaker.
APPOINTMENT OF NEW OFFICERS
The speaker submitted the following announcement regarding officers for the House of Representatives of the Eightieth Legislature:
Pursuant to Section 4.02(d) of HR 2 of the 80th Legislative Session, I hereby designate the following individuals as officers of the House of Representatives:
The Honorable Terry Keel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parliamentarian
The Honorable Ron Wilson. . . . . . . . . . . . . . . . . . . . . . . . Deputy Parliamentarian
Kate Huddleston. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parliamentary Assistant
PARLIAMENTARY INQUIRY
REPRESENTATIVE GEREN: Have Mr. Keel and Mr. Wilson been working on your behalf in your office this past week on any other matters?
SPEAKER: They've been working with me in a consulting basis.
GEREN: A consulting basis for you, not for the house, is that correct?
SPEAKER: That's correct, Mr. Geren.
GEREN: How have you decided that they should now be our parliamentarians?
SPEAKER: It's within my discretion as speaker to appoint them, and we needed a new parliamentarian.
GEREN: Did we not hire the parliamentarian in a resolution at the front end in January, sir?
SPEAKER: The resolution also gives the speaker authority to designate replacements for its officers.
GEREN: Mr. Speaker, I have a problem with you hiring someone who has been representing you for the last week, lobbying members on your behalf, and I think that it just doesn't look good for you to do that, sir.
SPEAKER: I know of no lobbying going on with these members.
TALTON: Earlier you had responded to Mr. Dunnam's questions as to a motion to vacate as not a matter of privilege, is that true?
SPEAKER: That is correct.
TALTON: Mr. Speaker, are you aware of the precedent that's been set out?
SPEAKER: Yes, sir.
TALTON: And you're aware of 1871, the 12th Legislature?
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6383
SPEAKER: Yes, we are.
TALTON: And you're aware that they said it was a matter of privilege at that time? And under that, they said that Mr. Butler offered as a matter of privilege the motion to vacate the speakership, and you're saying that's not a matter of privilege?
SPEAKER: That's correct.
TALTON: Based on what?
SPEAKER: Mr. Talton, if you'd like to put your inquiry in writing, we'll be glad to—
TALTON: I'd like to get an answer to the question, Mr. Speaker, because it bothers me that we're sitting here calling it a matter of privilege, but you're saying that it's not a matter of privilege, when any time an assembly puts a person in, they can take that person out. That's a matter of privilege. It's bothersome to me. Do you have a brief on it that we can look at?
SPEAKER: Yes, sir. We've briefed it.
TALTON: Sir?
SPEAKER: Yes, sir. We've briefed it.
TALTON: Well, will you share it with the rest of us, because I'm sitting here looking at the parliamentary law that we had for all these years, and there are rules, and it says that it is a matter of privilege.
SPEAKER: We'll be glad to share it with all the members at the appropriate time, Mr. Talton.
TALTON: And that will be when, Mr. Speaker?
SPEAKER: When a member asks for recognition and is recognized.
TALTON: And so you can do that whenever you want to, is that correct? Since you have the power of recognition, is that what you're telling this body?
SPEAKER: I would refer you to Rule 5, Section 24.
TALTON: Oh, I'm quite familiar with that, Mr. Speaker, but I'm talking about a matter of privilege. Are you familiar with Rule 5, Section 35 and 36, when it talks about matters of privilege?
SPEAKER: Yes, sir.
TALTON: And matters of privilege you have to recognize, do you not?
SPEAKER: No, sir. The power to recognize is absolute.
TALTON: And you're saying that a person can be kept in office and kept in the office of speaker or the office of the chair, and the body that elected him can never take him out, is that what you're saying?
SPEAKER: No, sir.
TALTON: What are you saying, then?
6384 80th LEGISLATURE — REGULAR SESSION
SPEAKER: That the House Rules govern that as well as the Texas Constitution, along with the Texas Constitution.
TALTON: Well, but under our rules, under Rule 14, if you look at Rule 14, Mr. Speaker, and Rule 1, Section 1, it says that if the rules are silent, then it's the House of Representatives of the U.S. Congress Rules, and Mason's Manual of Legislative Procedure. Is that agreeable?
SPEAKER: Look at those for matters of procedure and questions of order. You also look to the Texas Constitution.
TALTON: The Texas Constitution allows it up to two years. The speaker is elected by the body, and if the body can put a person in, are you saying that you can't take him out because of the constitution. Is that what you're saying?
SPEAKER: Mr. Talton, we're having a hard time hearing.
TALTON: So if I understand right, what you're saying, then, under the Texas Constitution, that if a body elects a speaker, that that body can't take him out of the chair and unelect him?
SPEAKER: That's not correct.
TALTON: What is the proper procedure to remove a speaker, a sitting speaker?
SPEAKER: The speaker or any other member can be expelled—
TALTON: So you're trying to make it a matter—
SPEAKER: If you'll let me finish. Can be expelled for an offense upon a two-thirds vote of this body. Any member of this house is automatically removed from office for conviction of bribery. The Texas Constitution furthermore has specific provisions dealing with the house and its ability to judge the qualifications for office and election contests. The exclusive remedies for removing a state office holder are contained within the Texas Constitution. Any mode outside of the authorized provisions must be enacted by law and cannot be enacted by one house, by rule or resolution.
TALTON: Is that all at this time, Mr. Speaker?
SPEAKER: Yes, sir.
TALTON: Then my next question is, are you saying that you have to impeach a speaker by two-thirds vote, instead of a simple majority on the motion to vacate? Is that what you're saying?
SPEAKER: No, sir. We will refer you to the Texas Constitution and the exclusive modes for dismissing a state office-holder that are contained within the Texas Constitution.
TALTON: Will you make that brief available to the membership today?
SPEAKER: If we have the time. We'd like to go on. I think most members, Mr. Talton, would like to go on and finish the items eligible, which I believe we stated earlier, were 11.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6385
GEREN: Did we recess for over two hours without a motion to recess or a vote on that when you walked off the floor?
SPEAKER: We didn't have any items eligible at that time.
GEREN: Mr. Speaker, we could have had these conversations at that time, couldn't we? And he had one that was eligible at that time. Was there a motion to recess, Mr. Speaker?
SPEAKER: No, sir.
GEREN: You just recessed without a motion, is that correct, sir, and walked off the floor of the house? Is that correct, sir?
SPEAKER: It's the speaker's prerogative to do that, unless there's objection, Mr. Geren.
GEREN: There was objection, Mr. Speaker. There was objection all over the floor of the house. I know that you don't have a hearing problem that's that bad.
SPEAKER: No, sir.
GEREN: Mr. Speaker, did we also adjourn at 7:50, excuse me, stand at ease at 7:50 to come back at 8 o'clock?
SPEAKER: I think we didn't adjourn, Mr. Geren.
GEREN: No, we stood at ease at 7:50, and you said we'd come back at 8 o'clock, is that not correct?
SPEAKER: Yes, sir.
GEREN: And we came back when, sir?
SPEAKER: I'm not sure.
GEREN: About 8:40? All the members of the house were here waiting on you, as I recall.
SPEAKER: Yes, sir.
GEREN: My other question, what happened to our other parliamentarians, Mr. Speaker?
SPEAKER: The other parliamentarians, at their request, have been reassigned to another place in the house.
REPRESENTATIVE T. SMITH: Mr. Speaker, it's my understanding that Ms. Davis wrote a letter of resignation. Is that correct?
SPEAKER: Mr. Smith, we cannot discuss personnel matters.
T. SMITH: Would it be within the rules to provide that that letter of resignation be placed in the House Journal?
SPEAKER: That will be up to the parliamentarian and the deputy parliamentarian who submitted those letters. I think we have to ask them.
T. SMITH: Okay, to the parliamentarian who submitted the letter?
SPEAKER: That's correct, Mr. Smith.
6386 80th LEGISLATURE — REGULAR SESSION
T. SMITH: It's my understanding that you did not even seek her advice in ruling on this particular question, is that correct?
SPEAKER: That's not a proper parliamentary inquiry, Mr. Smith.
T. SMITH: Can I ask a question of you?
SPEAKER: State your inquiry.
T. SMITH: Is it true or not that you did not seek her advice on that particular ruling?
SPEAKER: That's not a proper parliamentary inquiry.
T. SMITH: Will you answer the question?
SPEAKER: No, sir. We're going to move on to the calendar.
T. SMITH: It's my understanding that your position is that because the speaker is a constitutional officer, that the constitution provides the manner by which that officer may be removed, is that correct?
SPEAKER: That's correct, and I think Mr. Talton asked that just a few moments ago.
T. SMITH: You are aware of the fact that this is not the first time a sitting speaker, that there has been an attempt to remove a sitting speaker from our state's legislature? Are you?
SPEAKER: That is correct, Mr. Smith.
T. SMITH: And are you aware of the fact that the only precedent of this particular activity in 1871, that the wording of the constitution was effectively identical to the wording of the constitution today, and the procedure that was followed in removing the speaker is the procedure that we believe should be followed today?
SPEAKER: Correct, Mr. Smith.
T. SMITH: It's not the procedure that you are recommending and advocating today, to this body, is that correct?
SPEAKER: Your last statement was incorrect, Mr. Smith.
T. SMITH: Is it your position that the speaker at that time was removed pursuant to the impeachment articles in our state's constitution?
SPEAKER: No, I didn't say that.
T. SMITH: Is it your position that the manner in which the speaker should be removed, if he is to be removed today, is the same procedure that applied in 1871?
SPEAKER: There are additional constitutional provisions that did not exist in 1871.
T. SMITH: Can you tell us what those constitutional provisions are and the extent to which they dictate a different result, and when they were passed?
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6387
SPEAKER: Among others, Article XV, Section 7, and other provisions. Furthermore, the legislature of the house and senate have never enacted by law, since 1871, any statute that would provide for the procedure of which you're suggesting. The legislature cannot, by rule, overrule provisions of the Texas Constitution.
T. SMITH: Is it your position that the speaker may not be removed from office by the members who elect him?
SPEAKER: There are provisions to remove the speaker by members and I've stated what those are.
T. SMITH: Okay, can you tell me again what that is?
SPEAKER: Mr. Smith, we said we'd put this in the journal and submit it. I think that some members would like to go on with the state's business and I'd be glad to visit with you after that, but I think it's real important in the next 45 minutes we take up several bills.
T. SMITH: Where were you for the last five hours, when this business could have been taken up?
SPEAKER: That is not a proper parliamentary inquiry, I don't think, Mr. Smith.
T. SMITH: You referred to Article XV, Section 7, in support of your position regarding the removal of officers, is that correct?
SPEAKER: Among other provisions.
T. SMITH: Section 2, is it your position that impeaching the speaker is one of the ways by which we can remove him from office, under certain circumstances?
SPEAKER: Any member can be removed, including the speaker, upon a two-thirds vote of the house, for offenses that the house determines in a procedure to remove that member or speaker.
T. SMITH: Can you help me understand—
SPEAKER: We've already addressed this question in response to Representative Talton.
REPRESENTATIVE DUNNAM: Is the chair advised that Mr. Keel is currently representing a member of the house on a criminal matter?
SPEAKER: I'm not advised, Mr. Dunnam.
DUNNAM: Is the chair advised that the assistant parliamentarian that you have chosen represented Mr. Talmadge Heflin, pro bono, against Hubert Vo, who is a current sitting member of the Texas House?
SPEAKER: None of those are proper inquiries.
DUNNAM: Do you think it is proper to have an assistant parliamentarian who represented the case against a sitting member of your house?
SPEAKER: Mr. Dunnam, Mr. Brown has the floor, and that's not a proper—
6388 80th LEGISLATURE — REGULAR SESSION
DUNNAM: Will you recognize any member of this chamber, for us, for a motion to elect an impartial parliamentarian?
SPEAKER: That's not authorized by House Rules.
DUNNAM: Well, I would like to suspend the rules to offer such a motion.
SPEAKER: You're not recognized for that.
DUNNAM: Mr. Speaker, can we appeal that ruling?
SPEAKER: You're not recognized for that motion, Mr. Dunnam.
DUNNAM: Does anyone's voice in this chamber matter but yours?
SPEAKER: We're going to follow the House Rules.
DUNNAM: And Mr. Keel's?
SPEAKER: We're going to—
DUNNAM: And Mr. Wilson's?
SPEAKER: We're going to follow the House Rules, Mr. Dunnam.
DUNNAM: We're going to follow the House Rules?
SPEAKER: Yes, sir.
DUNNAM: When? This is my chamber, too, Mr. Speaker.
HB 610 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative F. Brown called up with senate amendments for consideration at this time,
HB 610, A bill to be entitled An Act relating to a plan to provide services to an area annexed by a municipality.
Representative F. Brown moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 610.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 610: F. Brown, chair; Isett, B. Brown, Hancock, and D. Howard.
PARLIAMENTARY INQUIRY
REPRESENTATIVE PITTS: Mr. Speaker, we can suspend the necessary rules to take up some of these bills after twelve o'clock, can we not?
SPEAKER: We do have the option to do that, Mr. Pitts.
PITTS: Okay. Will you take that motion and recognize someone for that motion?
SPEAKER: At the proper time we will.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6389
PITTS: I know Ms. Cohen and Mr. Garcia have bills that they've put a lot of time and energy in, and we have HB 15 that we need to pass tonight.
SPEAKER: Mr. Pitts, Mr. Dutton has the floor. HB 15 is right behind his.
PITTS: Were you aware that your assistant parliamentarian has a fine of $8,300 to the Ethics Commission that is unpaid?
SPEAKER: No, I wasn't and that's not a proper parliamentary inquiry.
PITTS: Are you aware that your assistant parliamentarian did not report his cash on hand when his campaign was concluded?
SPEAKER: Mr. Pitts, do you have a proper parliamentary inquiry, because that's not one?
PITTS: Do you think it's a proper officer of this house for someone who owes an ethics fine with the Ethics Commission?
SPEAKER: Mr. Pitts, you need to yield the floor back to Mr. Dutton.
PITTS: Mr. Speaker, as soon as I receive the answer.
SPEAKER: Mr. Pitts, we're not advised of any political questions that you're arising.
HJR 19 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Dutton called up with senate amendments for consideration at this time,
HJR 19, A joint resolution proposing a constitutional amendment to require each house of the legislature to take a record vote on final passage of a bill other than certain local bills, of a resolution proposing or ratifying a constitutional amendment, or of any other nonceremonial resolution, and to publish the record vote on the Internet.
Representative Dutton moved to concur in the senate amendments to HJRi19.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1872): 142 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Latham; Laubenberg;
6390 80th LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Deshotel; Hamilton.
Absent, Excused, Committee Meeting — Gattis; Kolkhorst.
Absent — Harless; Moreno.
Senate Committee Substitute
CSHJRi19,iA joint resolution proposing a constitutional amendment to require a house of the legislature to take a record vote on certain legislative measures and actions and to provide for public Internet access to those record votes.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 12, Article III, Texas Constitution, is amended to read as follows:
Sec.i12.ii(a) Each House shall keep a journal of its proceedings, and publish the same.
(b)iiA vote taken by either House must be by record vote of the yeas and
nays entered in the journal of that House if the vote is on approval or disapproval
of a bill, approval or disapproval of a measure proposing or ratifying a
constitutional amendment, approval or disapproval of an amendment or substitute
to such a bill or measure if any member objects to adoption of the amendment, or
the confirmation of an appointment or nomination to public office. Either House
by rule may provide for exceptions to the preceding requirement for a bill, or an
amendment or substitute to a bill, that applies only to one district or political
subdivision of this state. In addition, [; and] the yeas and nays of the members of
either House on any other question before that House shall, at the desire of any
three members present, be entered on the journals.
(c)iiEach House shall make each record vote required under Subsection (b) of this section, including the vote of each individual member as recorded in the journal of that House, available to the public for a reasonable period of not less than two years through the Internet or a successor electronic communications system accessible by the public. For a record vote on a bill or on a measure proposing or ratifying a constitutional amendment, the record vote must be accessible to the public by reference to the designated number of the bill or measure and by reference to its subject.
SECTIONi2.iiThis proposed constitutional amendment shall be submitted to the voters at an election to be held November 6, 2007. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment to require that a record vote be taken by a house of the legislature on a bill, constitutional amendment, amendment to a bill or constitutional amendment, or
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6391
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHJR 19 by striking all below the resolving clause and substituting the following:
SECTION 1. Section 12, Article III, Texas Constitution, is amended to read as follows:
Sec. 12. (a) Each house of the legislature [House] shall keep a journal of its
proceedings, and publish the same.
(b) A vote taken by either house must be by record vote with the vote of each member entered in the journal of that house if the vote is on final passage of a bill, a resolution proposing or ratifying a constitutional amendment, or another resolution other than a resolution of a purely ceremonial or honorary nature. Either house by rule may provide for exceptions to this requirement for a bill that applies only to one district or political subdivision of this state. For purposes of this subsection, a vote on final passage includes a vote on third reading in a house, or on second reading if the house suspends the requirement for three readings, on whether to concur in the other house's amendments, and on whether to adopt a conference committee report.
(c) The [; and the] yeas and nays of the members of either house [House] on
any other question shall, at the desire of any three members present, be entered on
the journals.
(d) Each house shall make each record vote required under Subsection (b) of this section, including the vote of each individual member as recorded in the journal of that house, available to the public for a reasonable period of not less than two years through the Internet or a successor electronic communications system accessible by the public. For a record vote on a bill or on a resolution proposing or ratifying a constitutional amendment, the record vote must be accessible to the public by reference to the designated number of the bill or resolution and by reference to its subject.
SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 6, 2007. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment to require that a record vote be taken by a house of the legislature on final passage of any bill, other than certain local bills, of a resolution proposing or ratifying a constitutional amendment, or of any other nonceremonial resolution, and to provide for public access on the Internet to those record votes."
PARLIAMENTARY INQUIRY
REPRESENTATIVE MERRITT: We have had a ruling by the parliamentarian on Rule 5, Section 51(a), when we were electing our officers, and that ruling, as I interpret it, said that we conduct ourselves outside the constitution and Phil King raised the point of order against further consideration of Article III, Section 12, of the Texas Constitution and Rule 5, Section 51, of the temporary House Rules, and the chair overruled the point of order, stating, in part, that the supreme court had determined that the senate could proceed by secret ballot in the Texas Senate, and
6392 80th LEGISLATURE — REGULAR SESSION
SPEAKER: Mr. Merritt, the proceedings of the house are moving forward.
MERRITT: Article III, Section 41, clearly gives each house of the legislature the authority to elect its officers by means other than a viva voce vote, i.e. 120-21. Second, Article III, Section 41, authorized each legislative chamber to elect the officers by secret ballot, should it choose to do so. Are we not governed by this rule that allows us to conduct our business outside the constitution, as this rule first gave us?
SPEAKER: Unless there's a competing constitutional provision.
MERRITT: I didn't hear the response, Mr. Speaker.
SPEAKER: Unless there's a competing constitutional provision.
MERRITT: Pardon me, Mr. Speaker. Are you aware that there's a standing objection already at your desk to object to adjournment?
SPEAKER: We're aware of that, Mr. Merritt.
MERRITT: Yes, sir. Furthermore, on the conducting of business. The arguments based on a policy concerns for or against a secret ballot are not for the court to consider. The constitution fell behind by not requiring a secret ballot, commits that the choice be of the chamber. Mr. Speaker, I believe that we are in control of our rules over and above what the constitution says by this ruling that we had on the very first day of the session. Is that correct?
SPEAKER: Mr. Merritt, we've answered that question previously.
MERRITT: I beg your pardon?
SPEAKER: We've previously answered that question already.
MERRITT: You've previously answered the question that we cannot operate the house by our own rules as to what the constitution provides?
SPEAKER: The House Rules are specifically authorized by the constitution.
MERRITT: Mr. Speaker, this particular—
SPEAKER: We're not finished, Mr. Merritt.
MERRITT: I'm sorry.
SPEAKER: The constitution also governs procedural matters.
MERRITT: No, sir. That's not what's in this rule, Rule 5, Section 51(a), that was given as a ruling.
SPEAKER: Mr. Merritt, we can't answer the question if you don't let us do that.
MERRITT: Mr. Speaker, is the constitution clear that arguments based on policy concerns for or against a secret ballot are not for the officer to consider, but are rather properly and wisely entrusted to the members of the Texas House? In short, the members must make this determination themselves, and I believe that's in
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6393
SPEAKER: Mr. Merritt, the rules of the house are authorized by the Texas Constitution.
(Gattis, Hamilton, and Kolkhorst now present)
HB 15 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Chisum called up with senate amendments for consideration at this time,
HB 15, A bill to be entitled An Act relating to making supplemental appropriations and reductions in appropriations.
Representative Chisum moved to concur in the senate amendments to HBi15.
HB 15 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE COLEMAN: Chairman Chisum, we talked a little bit earlier about that provision in HB 15 regarding Texas Southern University, and you showed me a portion of that particular amendment that you intended to strike, and so does that mean you're taking this bill to conference to change that amendment, and what are your intentions on that language, Mr. Chisum?
REPRESENTATIVE CHISUM: My intention is to leave that language in there and ask the house not to appoint a conference committee, but in fact to concur with the senate amendments to HB 15.
COLEMAN: Okay. Could you let us know what that language is again, please, Mr. Chisum? Because when we talked earlier, you had shown me a provision that I think you had planned on striking, and I just want to be very clear about this, because I spoke with you earlier about Texas Southern University, and wanted to make sure we didn't leave here without—
CHISUM: Garnet, I understand, and let me read the amendment, Senate Amendment No. 2. It says, "an appropriation made by this section (a) of this section, shall be contingent upon the development of a suitable plan of reorganization, approved by the Legislative Budget Board, and the governor, or place the university under conservatorship, as defined by Government Code Chapter 2104."
COLEMAN: Okay, as we spoke earlier, Mr. Chisum, I asked you whether or not the governor's office agreed with that provision, because it requires both the Legislative Budget Board and the governor's office to comply and otherwise clearly if they did not agree, then would there be a move to put the university into conservatorship? Our discussion has been about whether or not by legislation or by agreement, that everyone could understand whether or not the intentions of this legislature or the state government, whether to put Texas Southern University into conservatorship, which would end the accreditation of the university.
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CHISUM: The intent of this amendment to HB 15 was that we work a suitable plan for the rehabilitation of Texas Southern University. That's it, it doesn't require anything else, but if that is not possible, if we cannot come up with a plan for the rehabilitation of Texas Southern University, then we would appropriate the money, if the governor assigned a conservator to—
COLEMAN: So what that means is that leaves it in the hands, during the interim, of whether or not people agree to come up with a plan, and if, for some reason, they disagree, you would put it into conservatorship in order to appropriate the money to TSU. Is that what you're saying to me, Mr. Chisum?
CHISUM: Mr. Coleman, I believe under the Government Code Chapter 2104, that the Legislative Audit Committee would have to meet and make a determination of whether or not to allow the governor to appoint a conservator.
COLEMAN: I understand that, Mr. Chisum, but as we spoke earlier, what I've been trying to understand from you, is whether or not there would be an assurance when we left here, whether or not Texas Southern University would go into conservatorship or not, and that's what I've been asking this legislature, and I can't seem to get an answer.
CHISUM: Well, I'm going to try to answer you one more time.
COLEMAN: Okay.
CHISUM: It is my intent, as well as, I think, every member of this house, that Texas Southern enter into a rehabilitation plan that is suitable to the Legislative Budget Board and the governor's office.
COLEMAN: Isn't a rehabilitation plan usually done by a Legislative Audit Committee?
CHISUM: I'm not aware of that.
COLEMAN: Well, that's part of the statute.
CHISUM: I read Government Code 2104, and it did not say that. Is that the part that you're talking about?
COLEMAN: Well, I think the problem is that under the conservator statute, sir, and because it's part of the conservatorship statute, I'm concerned because that's why I asked you a little bit earlier, whether or not, the intentions were that this particular provision had benchmarks and plans, in order to tell this legislature, the board, the governor, the students, and the administration, that we had an understanding of what the agreement would be to make sure that the university did not end up in conservatorship, and that's what I'm trying to ask you. And if you want, you can ask Ms. Kolkhorst about the conversation we had a little bit earlier, and maybe she can interpret it for you.
CHISUM: I don't need any interpretation. There are no benchmarks in this. This just says to come up with a plan that is a suitable plan by the Legislative Budget Board as well as the governor.
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COLEMAN: But doesn't that leave us without a measurement for what success is that prevents conservatorship, Mr. Chairman?
CHISUM: Mr. Coleman, it just says they come up with a plan.
COLEMAN: I know, and I'm saying that it's not adequate, I object to that.
CHISUM: It'd be better if I could go ahead and answer you.
COLEMAN: Go ahead, sir.
CHISUM: Okay, it only affects $25 million that would be appropriated to them, or not, if they come up with this plan.
COLEMAN: No, it is $38 million. There's $13 million in the emergency appropriations bill and $25 million in LCR money, which is a settlement between the federal government and the State of Texas, Mr. Chisum. So that's why I need to know, because I think the other members of this house would like to know what the intentions are of the legislature when it comes to one of the state institutions, and that's the reason I'm asking you these questions. I'm having a hard time getting an answer that is satisfactory.
CHISUM: Alright, I don't know how else to answer you. That it is my intent that a suitable plan is drawn up to rehabilitate Texas Southern University. If you have a plan in your pocket, that may be a suitable plan.
COLEMAN: I had a suitable plan that was a rider that I presented to you two days ago that was in the appropriations bill until probably about two o'clock this afternoon, or some version thereof, and so I think I've submitted that suitable plan. The reason why I'm concerned is because you opened up HB 1 for the sole express reason of removing that plan, and I'm trying to understand what the plan is. So thank you for answering my questions.
REMARKS ORDERED PRINTED
Representative Coleman moved to print remarks between Representative Chisum and Representative Coleman.
The motion prevailed.
A record vote was requested.
The motion to concur in senate amendments to HBi15 prevailed by (Record 1873): 113 Yeas, 30 Nays, 1 Present, not voting.
Yeas — Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bonnen; Brown, B.; Brown, F.; Callegari; Chavez; Chisum; Christian; Cohen; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Farabee; Flores; Flynn; Gattis; Geren; Giddings; Gonzales; Goolsby; Guillen; Hancock; Hardcastle; Harper-Brown; Hartnett; Heflin; Hilderbran; Hill; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Macias; Madden; Martinez; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Morrison; Murphy; Naishtat; Noriega; O'Day; Orr; Ortiz; Otto;
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Nays — Allen; Alonzo; Bolton; Burnam; Castro; Coleman; Davis, Y.; Farias; Farrar; Frost; Gallego; Garcia; Gonzalez Toureilles; Haggerty; Hernandez; Herrero; Hochberg; Hodge; Leibowitz; Lucio; Mallory Caraway; Martinez Fischer; Miles; Oliveira; Olivo; Pierson; Rodriguez; Thompson; Vaught; Vo.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch.
Absent — Escobar; Hamilton; Harless; Moreno; Mowery.
STATEMENTS OF VOTE
When Record No. 1873 was taken, I was in the house but away from my desk. I would have voted yes.
Escobar
I was shown voting no on Record No. 1873. I intended to vote yes.
Lucio
I was shown voting no on Record No. 1873. I intended to vote yes.
Mallory Caraway
I was shown voting yes on Record No. 1873. I intended to vote no.
Merritt
I was shown voting no on Record No. 1873. I intended to vote present, not voting.
Miles
I was shown voting yes on Record No. 1873. I intended to vote no.
Talton
Senate Committee Substitute
CSHB 15, A bill to be entitled An Act relating to making supplemental appropriations and reductions in appropriations and giving direction, transfer authority, and other adjustment authority regarding appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiAUSTIN COMMUNITY COLLEGE: GROUP HEALTH INSURANCE. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $3,678,942 is appropriated out of the general revenue fund to Austin Community College for the two-year period beginning on the effective date of this Act for the purpose of correcting the institution's underreporting of its state-funded group health insurance enrollment for fiscal years 2006 and 2007.
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SECTIONi2.iiSOUTH PLAINS COLLEGE: GROUP HEALTH INSURANCE. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $1,424,764 is appropriated out of the general revenue fund to South Plains College for the two-year period beginning on the effective date of this Act for the purpose of correcting the institution's underreporting of its state-funded group health insurance enrollment for fiscal years 2006 and 2007.
SECTIONi3.iiTEXAS DEPARTMENT OF CRIMINAL JUSTICE: OPERATIONS. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $27,000,000 is appropriated out of the general revenue fund to the Texas Department of Criminal Justice for the two-year period beginning on the effective date of this Act for the purpose of providing for salaries and wages, hazardous duty and longevity pay, overtime pay, contractual rate adjustments, utilities, and fuel.
SECTIONi4.iiTEXAS DEPARTMENT OF CRIMINAL JUSTICE: CORRECTIONAL MANAGED HEALTH CARE. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $12,940,619 is appropriated out of the general revenue fund to the Texas Department of Criminal Justice for the two-year period beginning on the effective date of this Act for the purpose of providing for correctional managed health care.
SECTIONi5.iiTEXAS MEDICAL BOARD: OPERATIONS. (a) In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $1,222,827 is appropriated out of the general revenue fund to the Texas Medical Board for the two-year period beginning on the effective date of this Act for the purpose of:
(1)iirepaying the Governor's Emergency and Deficiency Grant awarded in fiscal year 2006; and
(2)iiproviding for agency operating expenses for licensing and enforcement.
(b)iiIn addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $600,248 is appropriated out of the public assurance account to the Texas Medical Board for the two-year period beginning on the effective date of this Act for the purpose of providing for agency operating expenses for licensing and enforcement.
(c)iiIn addition to the number of full-time equivalent employees (FTEs) the Texas Medical Board is authorized to employ by other law during the state fiscal year ending August 31, 2007, the board may employ an additional six FTEs during that period.
SECTIONi6.iiTEXAS DEPARTMENT OF LICENSING AND REGULATION: COSTS RELATED TO FORMER COSMETOLOGY COMMISSION AND BOARD OF BARBER EXAMINERS. (a) In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $463,202 is appropriated out of the general revenue fund to the Texas Department of Licensing and Regulation for the two-year period beginning on the effective date of this Act for the purposes of paying:
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(1)iithe unanticipated costs of relocating the functions and operations of the former Cosmetology Commission and the former Board of Barber Examiners; and
(2)iiobligations, including interest accrued on the obligations, of the former Cosmetology Commission and the former Board of Barber Examiners.
(b)iiThis subsection applies with respect to the obligation to pay for goods or services received before August 31, 2005, by the former Cosmetology Commission or the former Board of Barber Examiners. A claim for payment or reimbursement for goods or services to which this subsection applies may not be paid from money appropriated by Subsection (a) of this section until the claim is verified and substantiated by the executive director of the Texas Department of Licensing and Regulation and until it is subsequently approved by the attorney general and the comptroller of public accounts. The approvals must occur before August 31, 2008.
SECTIONi7.iiTEXAS BUILDING AND PROCUREMENT COMMISSION: RENOVATION AND REPAIRS TO SAM HOUSTON BUILDING. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $3,000,000 is appropriated out of the general revenue fund to the Texas Building and Procurement Commission for the two-year period beginning on the effective date of this Act for the purpose of making renovations and repairs to the Sam Houston Building.
SECTIONi8.iiTEXAS BUILDING AND PROCUREMENT COMMISSION: UTILITIES. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $2,847,069 is appropriated out of the general revenue fund to the Texas Building and Procurement Commission for the two-year period beginning on the effective date of this Act for the purpose of making utility payments.
SECTIONi9.iiTEXAS SOUTHERN UNIVERSITY: CONTINGENCY APPROPRIATION FOR DEFERRED MAINTENANCE AND OTHER EXPENSES. (a) Subject to Subsection (b) of this section, and in addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $13,645,120 is appropriated out of the general revenue fund to Texas Southern University for the two-year period beginning on the effective date of this Act for the purpose of providing deferred maintenance, paying outstanding expenses, making emergency maintenance repairs, paying contract deficits, paying audit and legal costs, providing funding for summer school, and providing funding for the TSU/HISD Charter School.
(b)iiThe appropriation made by Subsection (a) of this section is contingent on the occurrence of either:
(1)iithe enactment and becoming law of SB 2039 or similar legislation by the 80th Legislature, Regular Session, 2007; or
(2)iithe appointment of a conservator for Texas Southern University under Chapter 2104, Government Code.
SECTIONi10.iiTEXAS SOUTHERN UNIVERSITY: CONTINGENCY APPROPRIATION FOR ACADEMIC DEVELOPMENT INITIATIVE. (a) Subject to Subsection (b) of this section, and in addition to other amounts
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(1)ii$12,500,000 is appropriated for the state fiscal year ending August 31, 2008; and
(2)ii$12,500,000 and any unexpended balance of the amount appropriated under Subdivision (1) of this subsection are appropriated for the state fiscal year ending August 31, 2009.
(b)iiThe appropriations made by Subsection (a) of this section are contingent on the occurrence of either:
(1)iithe enactment and becoming law of SB 2039 or similar legislation by the 80th Legislature, Regular Session, 2007; or
(2)iithe appointment of a conservator for Texas Southern University under Chapter 2104, Government Code.
(c)iiThe amounts appropriated by Subsection (a) of this section shall be used for:
(1)iiproven academic success programs;
(2)iiexisting graduate programs;
(3)iiundergraduate education; and
(4)iiinitiatives to target enrollment growth.
(d)iiNot later than November 1 of each fiscal year, the university shall submit to the Texas Southern University Board of Regents, the Texas Higher Education Coordinating Board, the Legislative Budget Board, and the governor a report describing the use of the funds appropriated by Subsection (a) of this section that states the goals to be achieved through use of the funds and establishes timelines and milestones for showing progress in meeting the goals. The report shall include proposed actions to be taken in the event a milestone is not met.
SECTIONi11.iiTEXAS FOREST SERVICE: REIMBURSEMENT FOR WILDFIRE COSTS. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $44,730,767 is appropriated out of the general revenue fund to the Texas Forest Service for the two-year period beginning on the effective date of this Act for the purpose of providing reimbursement for costs related to wildfire.
SECTIONi12.iiUNIVERSITY OF HOUSTON: TEXAS FORENSIC SCIENCE COMMISSION EXPENSES. (a) In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $45,000 is appropriated out of the general revenue fund to the University of Houston for the two-year period beginning on the effective date of this Act for the purposes of paying salary, office, and travel expenses of the Texas Forensic Science Commission under Article 38.01, Code of Criminal Procedure.
(b)iiFrom money appropriated by Subsection (a) of this section, the commission is authorized to employ one full-time equivalent employee (FTE) during the period covered by the appropriation.
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SECTIONi13.iiADJUTANT GENERAL'S DEPARTMENT: OPERATIONS. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $1,681,615 is appropriated out of the general revenue fund to the Adjutant General's Department for the two-year period beginning on the effective date of this Act for the purpose of paying salaries and wages and providing for maintenance and operations.
SECTIONi14.iiRESTORATION OF REDUCTIONS RELATED TO COMMERCIAL AIR TRAVEL. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the following amounts are appropriated to the following agencies for the two-year period beginning on the effective date of this Act for the purpose of restoring reductions in appropriations for commercial air travel made pursuant to Section 5.09, Article IX, Chapter 1369, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act):
(1)iithe Structural Pest Control Board is appropriated $2,595iout of the general revenue fund;
(2)iithe School for the Blind and Visually Impaired is appropriated $33,370 out of the general revenue fund;
(3)iithe School for the Deaf is appropriated $139,207 out of the general revenue fund; and
(4)iithe Eleventh Court of Appeals, Eastland, is appropriated $3,383 out of the general revenue fund.
SECTIONi15.iiSUPREME COURT: MULTI-DISTRICT LITIGATION. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $50,747 is appropriated out of the general revenue fund to the Supreme Court of Texas for the two-year period beginning on the effective date of this Act for the purpose of providing grants to appellate courtsifor additional court staff to handle multi-district litigation cases, such as cases related to asbestosis or silicosis, appealed from the trial courts.
SECTIONi16.iiHEALTH AND HUMAN SERVICES COMMISSION: PRIVATE HOSPITAL UPPER PAYMENT LIMIT PROGRAM; TRANSFER FROM TEXAS TECH HEALTH SCIENCES CENTER. (a) The Texas Tech University Health Sciences Center shall transfer an amount of non-Medicaid state-appropriated funds, not to exceed $4,500,000, to the Health and Human Services Commission during the state fiscal biennium ending August 31, 2007. The comptroller in consultation with the commission shall determine the time or times of the transfer. The commission in consultation with the Legislative Budget Board, the comptroller, and the health sciences center shall determine the amount of the transfer based on achieving the optimal match of available federal funds.
(b)iiThe Health and Human Services Commission is authorized to expend amounts transferred under Subsection (a) of this section during the two—year period beginning on the date of the transfer for the state contribution under the private hospital upper payment limit program.
SECTIONi17.iiHEALTH AND HUMAN SERVICES COMMISSION: TRANSFER OF FUNDS APPROPRIATED FOR CHIP SERVICES. Notwithstanding any provision of another Act making appropriations to the
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SECTIONi18.iiHEALTH AND HUMAN SERVICES COMMISSION: STAFFING AND CAPITAL BUDGET AUTHORITY IN LIEU OF CONTRACTED RESPONSIBILITIES. (a) Notwithstanding any other provision in this Act or another Act making an appropriation, if the executive commissioner of the Health and Human Services Commission determines that a service performed as of the effective date of this Act under a contract would be more effectively performed by state personnel, the executive commissioner may adjust the agency's full-time equivalent employee (FTE) limitation prescribed by any Act making an appropriation to the extent necessary to ensure the successful assumption of such contracted duties, provided that the commission has made corresponding adjustments in the scope of duties and responsibilities under the affected contract. An increase in agency staffing resulting from the executive commissioner's determination under this section is subject to the following requirements:
(1)iithe executive commissioner must notify the Legislative Budget Board and the governor at least 10 days before adjusting the budgeted FTE levels; and
(2)iithe executive commissioner must report on a quarterly basis beginning December 1, 2007, to the Legislative Budget Board and the governor the number of eligibility and related support staff and any related costs under the appropriations made to the commission for Strategy A.1.2, Integrated Eligibility and Enrollment, by the applicable General Appropriations Act.
(b)iiNotwithstanding any other provision in an Act making an appropriation, if the executive commissioner of the Health and Human Services Commission determines that a service performed as of the effective date of this Act under a contract would be more effectively performed by state personnel, the Health and Human Services Commission may exceed the capital budget authority limitations provided elsewhere in an Act making an appropriation to the extent necessary to acquire hardware, software, and office space to support any assumed contracted duties and responsibilities, provided that the commission has made corresponding adjustments in the scope of the affected contract. An increase in capital expenditures is subject to the following requirements:
(1)iithe executive commissioner must notify the Legislative Budget Board and the governor at least 10 days before acquiring capital equipment; and
(2)iithe executive commissioner must include capital acquisitions in required financial reporting to the Legislative Budget Board and the governor.
(c)iiThis section applies in relation to the Health and Human Services Commission for the two-year period beginning on the effective date of this Act.
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SECTIONi19.iiHEALTH AND HUMAN SERVICES COMMISSION: GENERAL SUPPLEMENTAL APPROPRIATIONS. In addition to other amounts appropriated for the state fiscal biennium ending August 31, 2007, the amount of $110,000,000 is appropriated out of the general revenue fund to the Health and Human Services Commission for the two-year period beginning on the effective date of this Act. The amounts appropriated by this section may be expended by the commission or transferred by the commission to a health and human services agency for expenditure for any purpose for which the Health and Human Services Commission or health and human services agency received an appropriation under Chapter 1369, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act).
SECTIONi20.iiHEALTH AND HUMAN SERVICES COMMISSION AND HEALTH AND HUMAN SERVICES AGENCIES: FREW V. HAWKINS COMPLIANCE. (a) This section provides direction, information, transfer authority, capital budget authority, and full-time-equivalent employee (FTE) authority in relation to the Frew v. Hawkins lawsuit regarding amounts described by this section that are appropriated by any Act of the 80th Legislature, Regular Session, 2007. This section does not of itself make an appropriation.
(b)iiIn this section:
(1)ii"Appropriating Act" means an Act of the 80th Legislature, Regular Session, 2007, that makes one or more appropriations.
(2)ii"Executive Commissioner" means the Executive Commissioner of the Health and Human Services Commission.
(3)ii"Frew v. Hawkins" means the lawsuit styled Linda Frew, et al. v. Albert Hawkins, et al., Civil Action No. 3:93CA65 (U.S. Dist.–E.D. Tex.).
(4)ii"Health and human services agency" has the meaning assigned by Section 531.001, Government Code.
(5)ii"Joint Motion" means the Joint Motion for Entry of Agreed Corrective Action Order filed jointly by the plaintiffs and defendants in Frew v. Hawkins on April 27, 2007.
(c)iiContingent on applicable approval by the federal judiciary and pursuant to the Joint Motion in Frew v. Hawkins, the amount of $1,779.9 million in All Funds, including $706.7 million in General Revenue, appropriated by any appropriating Act to the Health and Human Services Commission (HHSC) may be used to improve access to medically necessary services for members of the plaintiff class in that lawsuit and to ensure compliance with the Consent Decree and judicially-approved Corrective Action Plans in that lawsuit during the state fiscal biennium ending August 31, 2009. Notwithstanding any limitation on transfer authority prescribed by any appropriating Act, the Executive Commissioner may transfer amounts appropriated to the Health and Human Services Commission or to a health and human services agency by any appropriating Act, in a cumulative amount not to exceed the amounts described above in this subsection, within and among the commission and the health and human services agencies as necessary to accomplish the purposes described by this section.
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(d)iiThe Executive Commissioner shall develop a plan consistent with Subsection (c) of this section that details the proposed expenditure of funds under this section in a manner that addresses the requirements of the Consent Decree, the Joint Motion, and the judicially-approved Corrective Action Plans in Frew v. Hawkins, to the extent those judicially-approved Corrective Action Plans supersede the Joint Motion. All expenditures by HHSC or a health and human services agency that address the requirements of the Consent Decree, the Joint Motion, or the judicially-approved Corrective Action Plans in Frew v. Hawkins must be made pursuant to the plan or a plan amendment. The Executive Commissioner shall submit the plan to the Legislative Budget Board and the Governor not later than September 1, 2007, or as soon thereafter as practical following judicial approval of the Corrective Action Plans. The Executive Commissioner may develop amendments to the plan as necessary and shall submit any amendments to the plan to the Legislative Budget Board and the Governor. In accordance with Section 69, Article XVI, Texas Constitution, expenditures pursuant to the plan or any plan amendment may not be made without the prior approval of the Governor and the Legislative Budget Board.
(e)iiTo the extent not otherwise superseded by the judicially-approved Corrective Action Plans, the amounts described by this section that may be used for purposes of Frew v. Hawkins compliance may be used for the following purposes:
(1)iia 25 percent increase in physician and other professional reimbursement rates for services to children enrolled in the medical assistance program and covered by the Joint Motion ($511.3 million in All Funds including $203 million in General Revenue);
(2)iia 50 percent increase in dental reimbursement rates for services to children enrolled in the medical assistance program and covered by the Joint Motion ($661.6 million in All Funds including $258.7 million in General Revenue);
(3)iia targeted rate increase for certain specialists for services to children enrolled in the medical assistance program and covered by the Joint Motion ($125.9 million in All Funds including $50 million in General Revenue);
(4)iistrategic dental and medical initiatives concerning services to children enrolled in the medical assistance program and covered by the Joint Motion ($150 million in General Revenue) which may include but are not limited to the following:
(A)iimobile medical and dental vans and operations in underserved areas of the state, commencing with health and human services Region 11;
(B)iistipends or other incentives that qualify for federal financial participation to health care professionals who provide health care services in an underserved area to children enrolled in the medical assistance program;
(C)iitargeted rate adjustments not otherwise included in Subdivisions (1)-(3) of this subsection that further improve access for children enrolled in the medical assistance program;
(D)iiimprovements in medical transportation;
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(E)iiimprovements such as the Medicaid Access Card that simplify access to medically necessary services and enhance scheduling and notification of required check-ups and follow-up care;
(F)iiappropriate efforts to provide specialty services in or near underserved areas, such as providing for regular, periodic clinics by specialists in communities that are closer to underserved areas than the specialists' regular offices; and
(G)iiother appropriate strategic initiatives to improve the access to medically necessary services in underserved areas of the state for children enrolled in the medical assistance program and covered by the Joint Motion;
(5)iiimplementation of the judicially-approved Corrective Action Plans ($113.4 million in All Funds including $45 million in General Revenue); and
(6)iireasonable variances in utilization or cost estimates of the court-ordered Corrective Action Plans.
(f)iiNotwithstanding any provision of any appropriating Act to the contrary, the Executive Commissioner is authorized to adjust staffing levels and to acquire capital items to the extent the Executive Commissioner determines is necessary to ensure compliance with the judicially-approved Corrective Action Plans, subject to the following requirements:
(1)iistaffing and capital equipment needs must be described in adequate detail in the plan submitted by the Executive Commissioner pursuant to Subsection (d) of this section, to the extent such needs are known at the time the plan is submitted; and
(2)iito the extent such needs are not known at that time, the Executive Commissioner shall amend the plan and notify the Legislative Budget Board and the Office of the Governor not later than:
(A)iithe 30th day following the date the Executive Commissioner determines that additional staffing and capital items are required; and
(B)iithe 10th day before the date the number of FTEs are adjusted or capital equipment is acquired in a manner that differs from the original plan or an earlier amendment to the plan.
SECTIONi21.iiDEPARTMENT OF FAMILY AND PROTECTIVE SERVICES: CPS REFORM. (a) In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the following amounts are appropriated to the Department of Family and Protective Services for the two-year period beginning on the effective date of this Act to initiate child protective services reforms relating to family group decision-making, in-home family support, redaction of adoption records, improvement of court services, tablet personal computers for conservatorship workers, and centralization of background and criminal history checks:
(1)ii$1,502,423 is appropriated out of the general revenue fund; and
(2)ii$2,214,557 in federal funds (TANF) is appropriated.
(b)iiIn addition to the number of full-time equivalent employees (FTEs) the Department of Family and Protective Services is authorized to employ by other law during the state fiscal year ending August 31, 2007, the department may employ an additional 117 FTEs during the remainder of that period.
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(c)iiIn addition to the capital budget authority previously granted for the state fiscal biennium ending August 31, 2007, the Department of Family and Protective Services may use an additional $2,033,837 in capital budget authority for programming expenses associated with providing tablet personal computers for conservatorship workers, child-care licensing staff, and residential child-care licensing staff.
SECTIONi22.iiDEPARTMENT OF AGING AND DISABILITY SERVICES: RESTORATION OF COMMUNITY CARE PROVIDER RATES TO FISCAL YEAR 2003 LEVELS. The amount of $10,814,194 is appropriated out of the general revenue fund and $16,422,160 in federal funds is appropriated to the Department of Aging and Disability Services for the two-year period beginning June 1, 2007, for the purpose of restoring provider rates to fiscal year 2003 levels in programs for home and community-based services, in programs for community living assistance and support services (CLASS), in the Texas Home Living Waiver program, and in intermediate care facilities for the mentally retarded. The adjustment to provider rates for such services shall be effective January 1, 2007.
SECTIONi23.iiDEPARTMENT OF STATE HEALTH SERVICES: ANTIVIRALS FOR INFLUENZA PANDEMIC. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $11,000,000 is appropriated out of the general revenue fund to the Department of State Health Services for the two-year period beginning on the effective date of this Act for the purpose of purchasing antiviral drugs for use in the event of an influenza pandemic.
SECTIONi24.iiCOMPTROLLER OF PUBLIC ACCOUNTS: SUPPORT FOR TAX ADMINISTRATION DUTIES AND STATEWIDE FISCAL RESPONSIBILITIES. In addition to other amounts appropriated for the state fiscal biennium ending August 31, 2009, that may be used for this purpose, the amount of $4,100,000 is appropriated out of the general revenue fund to the comptroller of public accounts for the state fiscal biennium ending August 31, 2009, for the purpose of supporting the comptroller's tax administration duties and statewide fiscal responsibilities.
SECTIONi25.iiGENERAL LAND OFFICE AND VETERANS' LAND BOARD: DERELICT STRUCTURE REMOVAL. In addition to other amounts appropriated for the state fiscal biennium ending August 31, 2007, the amount of $2,000,000 is appropriated out of the general revenue-dedicated coastal protection account No. 27 to the General Land Office and Veterans' Land Board for the two-year period beginning on the effective date of this Act for the purpose of removing and disposing of the Zeus jack rig, an off-shore oil platform abandoned in the Freeport Channel.
SECTIONi26.iiSECRETARY OF STATE: COSTS OF MAY 12 CONSTITUTIONAL AMENDMENT ELECTION. In addition to other amounts appropriated for the state fiscal biennium ending August 31, 2007, the amount of $5,000,000 is appropriated out of the general revenue fund to the secretary of state for the two-year period beginning on the effective date of this Act for the
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SECTIONi27.iiTEXAS COMMISSION ON ENVIRONMENTAL QUALITY: HELOTES FIRE. In addition to other amounts appropriated for the state fiscal biennium ending August 31, 2007, the amount of $2,800,000 is appropriated out of the general revenue-dedicated solid waste disposal fees account No. 5000 to the Texas Commission on Environmental Quality for the two-year period beginning on the effective date of this Act for the purpose of supporting efforts to extinguish the fire in or near the city of Helotes on property owned by H.L. Zumwalt Construction, Inc., that poses a potential threat to Edwards Aquifer groundwater.
SECTIONi28.iiTEXAS YOUTH COMMISSION: OPERATING EXPENSES. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $20,000,000 is appropriated out of the general revenue fund to the Texas Youth Commission for the two-year period beginning on the effective date of this Act for the purpose of providing for the agency's operating expenses and video surveillance needs. Notwithstanding any limitation on the capital budget authority of the Texas Youth Commission, the commission may expend the amount necessary from the appropriation made by this section to acquire needed video surveillance equipment.
SECTIONi29.iiDATA CENTER SERVICES. (a) The following amounts are appropriated for the state fiscal biennium ending August 31, 2009, to the following agencies for the purpose of making payments for data center services:
(1)ii$154,354 is appropriated out of the general revenue fund to the Railroad Commission of Texas;
(2)ii$1,124,521 is appropriated out of the general revenue fund and an additional $4,856,648 is appropriated out of general revenue dedicated accounts to the Texas Commission on Environmental Quality;
(3)ii$381,705 is appropriated out of the general revenue fund, an additional $17,699 is appropriated out of general revenue dedicated accounts, and $1,937,066 in federal funds is appropriated to the Texas Workforce Commission;
(4)ii$958,928 is appropriated out of the state highway fund to the Texas Department of Transportation;
(5)ii$2,734,431 is appropriated out of general revenue dedicated accounts to the Parks and Wildlife Department;
(6)ii$339,523 is appropriated out of the general revenue fund to the Texas State Library and Archives Commission;
(7)ii$773,164 is appropriated out of the general revenue fund to the secretary of state;
(8)ii$1,295,979 is appropriated out of the general revenue fund, $136,277 in other funds is appropriated, and $778,098 in federal funds is appropriated to the Texas Education Agency;
(9)ii$552,478 is appropriated out of the general revenue fund, $590,858 in other funds is appropriated, and $10,995 in federal funds is appropriated to the Texas Higher Education Coordinating Board;
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(10)ii$519,429 is appropriated out of the general revenue fund to the Public Utility Commission of Texas;
(11)ii$78,920 is appropriated out of the general revenue fund to the General Land Office;
(12)ii$1,929,901 is appropriated out of the general revenue fund to the Office of the Attorney General;
(13)ii$329,626 is appropriated out of the general revenue fund to the Texas Alcoholic Beverage Commission;
(14)ii$147,631 is appropriated out of the general revenue fund to the Texas Department of Licensing and Regulation;
(15)ii$2,466,681 is appropriated out of the general revenue fund to the Texas Water Development Board; and
(16)ii$839,500 is appropriated out of the general revenue fund to the Texas Youth Commission.
(b)iiThe amount of $8,081,368 is appropriated out of the general revenue fund to the Department of Information Resources for the state fiscal year ending August 31, 2007, for the purpose of transferring funds to state agencies as necessary for use by the agencies in making payments for data center services.
(c)iiThe following amounts are appropriated out of the general revenue fund to the Department of Information Resources for the purpose of paying one-time costs related to the data center services contract:
(1)iiin addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $32,335,000 is appropriated for the two-year period beginning on the effective date of this Act; and
(2)iiin addition to other amounts appropriated for all or part of the state fiscal biennium ending August 31, 2009, that may be used for this purpose, the amount of $34,385,000 is appropriated for the state fiscal year ending August 31, 2008, and the amount of $9,935,000 is appropriated for the state fiscal year ending August 31, 2009.
(d)iiAs a result of reduced costs due to the implementation of Chapter 1068, Acts of the 79th Legislature, Regular Session, 2005 (HB 1516), appropriations to the Employees Retirement System for the state fiscal year ending August 31, 2007, are reduced by the following amounts to reflect decreased retirement program costs:
(1)iiappropriations out of the general revenue fund are reduced by $221,782;
(2)iiappropriations out of general revenue dedicated accounts are reduced by $58,608; and
(3)iiappropriations out of other funds are reduced by $88,412.
(e)iiAs a result of reduced costs due to the implementation of Chapter 1068, Acts of the 79th Legislature, Regular Session, 2005 (HB 1516), appropriations to the Employees Retirement System for the state fiscal year ending August 31, 2007, are reduced by the following amounts to reflect decreased insurance program costs:
(1)iiappropriations out of the general revenue fund are reduced by $487,921;
6408 80th LEGISLATURE — REGULAR SESSION
(2)iiappropriations out of general revenue dedicated accounts are reduced by $128,937; and
(3)iiappropriations out of other funds are reduced by $194,507.
(f)iiAs a result of reduced costs due to the implementation of Chapter 1068, Acts of the 79th Legislature, Regular Session, 2005 (HB 1516), appropriations to the Comptroller of Public Accounts for the state match for social security for the state fiscal year ending August 31, 2007, are reduced by the following amounts to reflect decreased social security costs:
(1)iiappropriations out of the general revenue fund are reduced by $263,044;
(2)iiappropriations out of general revenue dedicated accounts are reduced by $69,511; and
(3)iiappropriations out of other funds are reduced by $104,861.
(g)iiAs a result of reduced costs due to the implementation of Chapter 1068, Acts of the 79th Legislature, Regular Session, 2005 (HB 1516), appropriations to the Comptroller of Public Accounts made by Section 13.17(b), Article IX, Chapter 1369, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act), for the state fiscal year ending August 31, 2007, are reduced by the following amounts to reflect decreased salary costs:
(1)iiappropriations out of the general revenue fund are reduced by $140,729;
(2)iiappropriations out of general revenue dedicated accounts are reduced by $37,189; and
(3)iiappropriations out of other funds are reduced by $56,101.
(h)iiAs a result of reduced costs due to the implementation of Chapter 1068, Acts of the 79th Legislature, Regular Session, 2005 (HB 1516), appropriations to the Texas Department of Insurance for the state fiscal biennium ending August 31, 2009, are reduced by the following amounts to reflect decreased costs:
(1)iiappropriations out of the general revenue fund are reduced by $912,610; and
(2)iiappropriations out of general revenue dedicated accounts are reduced by $1,153,023.
(i)iiAs a result of reduced costs due to the implementation of Chapter 1068, Acts of the 79th Legislature, Regular Session, 2005 (HB 1516), appropriations to the Department of Family and Protective Services for the state fiscal biennium ending August 31, 2009, are reduced by the following amounts to reflect decreased costs:
(1)iiappropriations out of the general revenue fund are reduced by $2,192,309; and
(2)iifederal funds appropriations are reduced by $371,007.
(j)iiAs a result of reduced costs due to the implementation of Chapter 1068, Acts of the 79th Legislature, Regular Session, 2005 (HB 1516), appropriations to the Department of Public Safety for the state fiscal biennium ending August 31, 2009, are reduced by the following amounts to reflect decreased costs:
(1)iiappropriations out of the state highway fund are reduced by $83,250; and
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(2)iiappropriations out of general revenue dedicated accounts are reduced by $141,750.
(k)iiAs a result of reduced costs due to the implementation of Chapter 1068, Acts of the 79th Legislature, Regular Session, 2005 (HB 1516), appropriations to the Texas Building and Procurement Commission for the state fiscal biennium ending August 31, 2009, are reduced by the following amounts to reflect decreased costs:
(1)iiappropriations out of the general revenue fund are reduced by $844,083;
(2)iiappropriations out of general revenue dedicated accounts are reduced by $34,450; and
(3)iiappropriations out of other funds are reduced by $289,273.
(l)iiAs a result of reduced costs due to the implementation of Chapter 1068, Acts of the 79th Legislature, Regular Session, 2005 (HB 1516), appropriations out of the general revenue fund to the Department of Agriculture for the state fiscal biennium ending August 31, 2009, are reduced by $105,478 to reflect decreased costs.
(m)iiIf this section makes an appropriation to an agency out of general revenue dedicated accounts or out of other funds, or reduces an agency's appropriation out of general revenue dedicated accounts or out of other funds, under circumstances in which more than one general revenue dedicated account or source of other funds could be involved, the comptroller with the assistance of the affected agency shall allocate the appropriation or reduction in appropriations among the dedicated accounts or sources of other funds according to:
(1)iithe amounts available in the affected accounts or from the sources of other funds; and
(2)iithe extent to which the programs supported by the dedicated accounts or sources of other funds are supported by the appropriation or, in the case of a reduction in appropriations, supported by the implementation of Chapter 1068, Acts of the 79th Legislature, Regular Session, 2005 (HB 1516).
(n)(1)iiAmounts appropriated by Subsection (c) of this section may be used only for one-time implementation costs directly related to consolidating data center services, such as costs for labor, hardware, software, software upgrades, travel, human resources expenses, moving and living expenses of transitioned employees, consulting, communications, inventory of in-scope equipment, and facilities renovations to consolidated data centers, customer data centers, and customer remote facilities.
(2)iiAs necessary to maximize the receipt of federal funds, amounts appropriated by Subsection (c) of this section may be transferred by the Department of Information Resources to state agencies involved in the data center contract for use by the agencies only for the purpose stated by Subsection (c) of this section and this subsection. Notwithstanding any authority granted by this Act or a General Appropriations Act to transfer appropriated money between strategies, amounts appropriated by Subsection (c) of this section are not available for any purpose other than the purpose stated by Subsection (c) and this subsection.
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(3)iiThe Department of Information Resources may not spend amounts appropriated by Subsection (c) of this section and an agency to which the department transfers money under this subsection may not spend a transferred amount unless, more than 21 days before the department spends or transfers the money, as applicable, the department reports to the Legislative Budget Board and the Governor the intended use of the funds and, for money transferred to another agency under this subsection, the specific amounts proposed to be transferred. Amounts appropriated by Subsection (c) of this section may not be expended to the extent:
(A)iithe Governor issues a written disapproval of a proposed expenditure not later than the 21st business day after the date the Governor receives the report from the department concerning the proposed expenditure; or
(B)iithe Legislative Budget Board issues a written disapproval of a proposed expenditure not later than the 21st business day after the date the staff of the Legislative Budget Board concludes its review of the report from the department concerning the proposed expenditure and forwards the staff's conclusions or comments to the Chair of the House Appropriations Committee, Chair of the Senate Finance Committee, Speaker of the House of Representatives, and Lieutenant Governor.
(4)iiAmounts appropriated by Subsection (c) of this section may not be used by the department or another agency to pay for costs incurred by the department to administer and oversee the data center services contract.ii
SECTIONi30.iiPREVIOUSLY AUTHORIZED DEFERRALS OF AUGUST 2007 PAYMENTS. (a) The following riders in Article II, Chapter 1369, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act) are repealed:
(1)iiRider 66 following the appropriations to the Health and Human Services Commission;
(2)iiRider 21 following the appropriations to the Department of Aging and Disability Services;
(3)iiRider 48 following the appropriations to the Department of Aging and Disability Services; and
(4)iiRider 25 following the appropriations to the Department of Family and Protective Services.
(b)iiThe following unencumbered amounts appropriated to the Health and Human Services Commission for the state fiscal biennium ending August 31, 2007, are transferred as follows:
(1)iithe amount of $122,701,559 in general revenue is transferred to the Department of Aging and Disability Services for expenditure by the department during the state fiscal year ending August 31, 2007, or if appropriate, during the state fiscal year ending August 31, 2008, in connection with making payments for August 2007 services; and
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(2)iithe amount of $12,792,244 in general revenue is transferred to the Department of Family and Protective Services for expenditure by the department during the state fiscal year ending August 31, 2007, or if appropriate, during the state fiscal year ending August 31, 2008, in connection with making payments for August 2007 services.
SECTIONi31.iiTRANSFERS TO DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES FOR VOCATIONAL REHABILITATION. The unencumbered amount of $1,541,628 in general revenue appropriated to the Health and Human Services Commission for the state fiscal biennium ending August 31, 2007, is transferred to the Department of Assistive and Rehabilitative Services for expenditure by the department during the two-year period beginning on the effective date of this Act for vocational rehabilitation.
SECTIONi32.iiTRANSFERS TO DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES FOR SUPPLEMENTAL NEEDS. The unencumbered amount of $13,047,000 in general revenue appropriated to the Health and Human Services Commission for the state fiscal biennium ending August 31, 2007, is transferred to the Department of Family and Protective Services for expenditure by the department during the two-year period beginning on the effective date of this Act for the purpose of making foster care and adoption subsidy payments.
SECTIONi33.iiAPPROPRIATION REDUCTION: TEACHER RETIREMENT SYSTEM, TRS-CARE. The unencumbered appropriations from the general revenue fund appropriated to the Teacher Retirement System for use during the state fiscal year ending August 31, 2007, by Chapter 1369, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act) under Strategy A.3.1 for the Teacher Retirement System (Retiree Health - Supplemental Funds) are reduced by the amount of $76,644,468.
SECTIONi34.iiREDUCTION IN VETOED FUNDS APPROPRIATION. The appropriations made from general revenue by Section 13.18, Article IX, Chapter 1369, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act), are reduced by the amount of $463,973,206.
SECTIONi35.iiEFFECTIVE DATE. This Act takes effect immediately.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 15 (senate committee printing) as follows:
(1)iiAdd the following appropriately numbered SECTION to the bill immediately following existing SECTION 20 (page 7, between lines 17 and 18), renumber subsequent SECTIONS of the bill accordingly, and revise references to existing Section 20 in the following added SECTION as necessary to ensure that those references are to existing Section 20 of the bill in the event that existing Section 20 is renumbered:
SECTIONi_____.iiHEALTH AND HUMAN SERVICES COMMISSION: APPROPRIATION FOR FREW V. HAWKINS SETTLEMENT. (a) In this section, "Frew v. Hawkins" has the meaning assigned by Section 20 of this Act.
(b)iiThe amounts appropriated by Subsection (c) of this section are contingent on applicable approval of the settlement in Frew v. Hawkins by the federal judiciary and are subject to Section 20 of this Act.
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(c)iiIn addition to amounts otherwise appropriated for the state fiscal biennium ending August 31, 2009, the amount of $706.7 million is appropriated out of the general revenue fund and the amount of $1,073.2 million in federal funds is appropriated to the Health and Human Services Commission for the state fiscal biennium ending August 31, 2009, for the purpose of complying with the settlement in Frew v. Hawkins.
(2)iiStrike existing SECTION 7 of the bill (page 2, lines 26-33) and renumber subsequent SECTIONS accordingly.
(3)iiIn SECTION 19 of the bill, between "out of the general revenue fund" and "to the Health and Human Services Commission" (page 5, line 17), insert "and the amount of $165,300,000 in federal matching funds is appropriated".
(4)iiIn existing SECTION 21 of the bill (page 7, line 35), strike "117" and substitute "245".
(5)iiStrike existing SECTION 22 of the bill (page 7, lines 44-55) and substitute the following appropriately numbered SECTION:
SECTION ____. DEPARTMENT OF AGING AND DISABILITY SERVICES: RESTORATION OF COMMUNITY CARE AND ICF-MR PROVIDER RATES TO FISCAL YEAR 2003 LEVELS. (a) The following amounts are appropriated to the Department of Aging and Disability Services for the purpose of restoring provider rates to fiscal year 2003 levels in programs for home and community-based services, in programs for community living assistance and support services (CLASS), in the Texas Home Living Waiver program, and in intermediate care facilities for the mentally retarded (ICFs/MR):
(1)iithe amount of $3,400,000 is appropriated out of the general revenue fund and $5,150,000 in federal funds is appropriated for the two-year period beginning on the effective date of this Act; and
(2)iithe amount of $10,800,000 is appropriated out of the general revenue fund and $16,400,000 in federal funds is appropriated for the state fiscal biennium ending August 31, 2009.
(b)iiThe adjustment to provider rates for services described by this section is effective January 1, 2007.
SECTION _____. DEPARTMENT OF AGING AND DISABILITY SERVICES: INCREASE HOME HEALTH PROVIDER RATES IN FISCAL YEAR 2009. The amount of $18,000,000 is appropriated out of the general revenue fund and $27,270,000 in federal funds is appropriated to the Department of Aging and Disability Services for the state fiscal year ending August 31, 2009, for the purpose of providing a rate increase to certain home health providers in fiscal year 2009. The Department of Aging and Disability Services may allocate these funds as appropriate among the following General Appropriations Act strategies:
(1)iiStrategy A.2.1, Primary Home Care;
(2)iiStrategy A.2.2, Community Attendant Services;
(3)iiStrategy A.3.1, Community-based Alternatives; and
(4)iiStrategy A.6.4, Promoting Independence Services. ii
(6) Strike existing SECTION 23 of the bill (page 7, lines 56-63) and substitute the following appropriately numbered SECTION:
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SECTION ____. DEPARTMENT OF STATE HEALTH SERVICES: ANTIVIRALS FOR INFLUENZA PANDEMIC. In addition to other amounts appropriated for the state fiscal biennium ending August 31, 2009, that may be used for this purpose, the amount of $11,000,000 is appropriated out of the general revenue fund to the Department of State Health Services for the state fiscal biennium ending August 31, 2009, for the purpose of purchasing antiviral drugs for use in the event of an influenza pandemic.
(7)iiStrike existing SECTION 24 of the bill (page 7, line 64 through page 8, line 3) and substitute the following appropriately numbered SECTION:
SECTIONi____.iiCOMPTROLLER OF PUBLIC ACCOUNTS: SUPPORT FOR TAX ADMINISTRATION DUTIES AND STATEWIDE FISCAL RESPONSIBILITIES. In addition to other amounts appropriated for the state fiscal biennium ending August 31, 2007, the amount of $4,100,000 is appropriated out of the general revenue fund to the comptroller of public accounts for the two-year period beginning on the effective date of this Act for the purpose of supporting the comptroller's tax administration duties and statewide fiscal responsibilities.
(8)iiIn existing SECTION 30(b)(1) of the bill (page 12, line 1), strike "the amount of" and substitute "an amount not to exceed".
(9)iiIn existing SECTION 30(b)(2) of the bill (page 12, line 7), strike "the amount of" and substitute "an amount not to exceed".
(10)iiIn existing SECTION 32 of the bill (page 12, lines 22 and 23), strike "The unencumbered amount of" and substitute "An unencumbered amount not to exceed".
(11)iiIn existing SECTION 34 of the bill (page 12, line 41), strike "$463,973,206" and substitute "$472,818,424".
(12)iiIn existing SECTION 12 of the bill (page 3, line 32), strike "The University of Houston" and substitute "Sam Houston State University".
(13)iiIn existing SECTION 10 of the bill (page 3, lines 3-9), strike proposed subsection (b) and substitute:
(b)iiThe appropriation made by Subsection (a) of this section is contingent upon the development of a suitable plan of reorganization approved by the Legislative Budget Board and the Governor or the placement of the university under conservatorship as defined by Government Code Chapter 2104.
(14)iiIn existing SECTION 25 of the bill on page 8, line 12 insert "The agency shall seek to recover all expenses from the scrap value and or the owner of the structure" after the period.
(15)iiIn existing SECTION 21 of the bill on line 28 of page 7 strike "$1,502,423" and substitute "$1,952,114".
(16)iiIn existing SECTION 21 of the bill on line 30 of page 7 strike "$2,214,557" and substitute "$3,383,451".
(17)iiIn existing SECTION 21 of the bill on line 40 of page 7 strike "$2,033,837" and substitute "$2,555,837".
(18)iiIn existing SECTION 29 of the bill strike subsection (n) (page 11, line 10 through line 54) of the bill and substitute the following:
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(n)iiThe following amounts are appropriated for the state fiscal biennium ending August 31, 2009, to the following agencies for the purpose of making payments for data center consolidation hardware upgrades and physical transfer of equipment:
(1)ii$236,000 is appropriated out of the general revenue fund to the Railroad Commission of Texas;
(2)ii$108,858 is appropriated out of the general revenue fund and an additional $470,142 is appropriated out of general revenue dedicated accounts to the Texas Commission on Environmental Quality;
(3)ii$226,919 is appropriated out of the general revenue fund, an additional $10,522 is appropriated out of general revenue dedicated accounts, and $1,151,559 in federal funds is appropriated to the Texas Workforce Commission;
(4)ii$214,000 is appropriated out of general revenue dedicated accounts to the Parks and Wildlife Department;
(5)ii$217,369 is appropriated out of the general revenue fund, and an additional $274,631 is appropriated out of general revenue dedicated accounts to the Texas Department of Insurance;
(6)ii$44,000 is appropriated out of the general revenue fund to the Texas State Library and Archives Commission;
(7)ii$96,000 is appropriated out of the general revenue fund to the Secretary of State;
(8)ii$371,424 is appropriated out of the general revenue fund, $39,432 in other funds is appropriated, and $225,144 in federal funds is appropriated to the Texas Education Agency;
(9)ii$69,878 is appropriated out of the general revenue fund, $74,732 in other funds is appropriated, and $1,390 in federal funds is appropriated to the Texas Higher Education Coordinating Board;
(10)ii$23,000 is appropriated out of the general revenue fund to the Public Utility Commission of Texas;
(11)ii$1,980 is appropriated out of the general revenue fund to the General Land Office;
(12)ii$28,350 is appropriated out of the general revenue dedicated accounts, and $16,650 in other funds is appropriated to the Department of Public Safety;
(13)ii$141,000 is appropriated out of the general revenue fund to the Office of the Attorney General;
(14)ii$48,000 is appropriated out of the general revenue fund to the Texas Alcoholic Beverage Commission;
(15)ii$29,767 is appropriated out of the general revenue fund, an additional $1,195 is appropriated out of general revenue dedicated accounts, and $10,038 in other funds is appropriated to the Texas Building and Procurement Commission;
(16)ii$126,582 is appropriated out of the general revenue fund to the Texas Department of Agriculture;
(17)ii$13,000 is appropriated out of the general revenue fund to the Texas Department of Licensing and Regulation;
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(18)ii$83,000 is appropriated out of the general revenue fund to the Texas Water Development Board; and
(19)ii$138,000 is appropriated out of the general revenue fund to the Texas Youth Commission.
(19)iiAdd the following appropriately numbered SECTION to the bill immediately following existing SECTION 34 and renumber subsequent SECTIONS of the bill accordingly:
SECTIONi____.iiDEPARTMENT OF AGING AND DISABILITY SERVICES: REDUCTION IN CERTAIN SUPPLEMENTAL APPROPRIATIONS. The appropriations made from general revenue by Section 5, Chapter 1362, Acts of the 79th Legislature, Regular Session, 2005 (HB 10), are reduced by the amount of $30,000,000.
SECTIONi____.iiPRAIRIE VIEW A&M UNIVERSITY: APPROPRIATION FOR ACADEMIC DEVELOPMENT INITIATIVE. (a) In addition to other amounts appropriated for the state fiscal biennium ending August 31, 2009, that may be used for this purpose, the following amounts are appropriated out of the general revenue fund to Prairie View A&M University for the purpose of funding the Academic Development Initiative:
(1)ii5,000,000 is appropriated for the state fiscal year ending August 31, 2008; and
(2)ii$5,000,000 and any unexpended balance of the amount appropriated under Subdivision (1) of this subsection are appropriated for the state fiscal year ending August 31, 2009.
(b)iiThe amounts appropriated by Subsection (a) of this section shall be used for:
(1)iiproven academic success programs;
(2)iiexisting graduate programs;
(3)iiundergraduate education; and
(4)iiinitiatives to target enrollment growth.
(c)iiPrairie View A&M University and Texas A&M University System shall jointly create and submit an accountability report outlining use of these funds by November 1 of each fiscal year to the Texas A&M University System Board of Regents, the Texas Higher Education Coordinating Board, the Legislative Budget Board, and the Governor. This accountability report shall set forth goals to be achieved with the Academic Development Initiative funding, establish milestones and timelines showing progress toward meeting those goals. For milestones that are not met, the report will include recommended actions to achieve the milestones or recommended changes to more efficiently meet the goals of the Academic Development Initiative.
SECTIONi____.iiUNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON: INTERRUPTIONS CAUSED BY HURRICANE RITA. (a) In addition to other amounts appropriated for the two year period beginning the effective date of this Act, that may be used for this purpose, the amount of $13,100,000 is appropriated out of the general revenue fund to The University of Texas Medical Branch at Galveston for two year period beginning the effective
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(b)iiIt is the intent of the legislature that The University of Texas Medical Branch at Galveston use the money appropriated by Subsection (a) of this section in equal amounts in each fiscal year of the state fiscal biennium for which the money is appropriated.
SECTIONi____.iiUNIVERSITY OF HOUSTON: FINANCIAL NEEDS OF HURRICANE KATRINA VICTIMS. In addition to other amounts appropriated for the state fiscal biennium ending August 31, 2007, the amount of $2,550,000 is appropriated out of the general revenue fund to the University of Houston for the two-year period beginning on the effective date of this Act, for the purpose of meeting financial needs of 930 students enrolled at the university who were victims of Hurricane Katrina.
SECTIONi____.iiTEXAS COMMISSION ON ENVIRONMENTAL QUALITY: TARRANT COUNTY WALKER BRANCH FACILITY REMEDIATION. In addition to other amounts appropriated for the state fiscal biennium ending August 31, 2007, the amount of $1,500,000 is appropriated out of the general revenue-dedicated solid waste disposal fees account No. 5000 to the Texas Commission on Environmental Quality for the two-year period beginning on the effective date of this Act for the purpose of removing solid waste and recycling debris from the Walker Branch facility in Fort Worth.
SECTIONi____.iiTEXAS COMMISSION ON ENVIRONMENTAL QUALITY: CONTINGENCY APPROPRIATION. Contingent on SB 1604 or similar legislation being enacted by the 80th Legislature, Regular Session, 2007, and becoming law with immediate effect, the amount of $200,000 is appropriated, in addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, to the Texas Commission on Environmental Quality out of the waste management account (GR Dedicated Account No. 0549) for the two-year period beginning on the effective date of this Act for the purpose of implementing that legislation.
SECTIONi____.iiDEPARTMENT OF STATE HEALTH SERVICES: HARRIS COUNTY PSYCHIATRIC HOSPITAL. In addition to other amounts appropriated for the state fiscal biennium ending August 31, 2009, that may be used for this purpose, the amount of $7,000,000 is appropriated out of the general revenue fund to the Department of State Health Services for the state fiscal biennium ending August 31, 2009, for the purpose of providing for the operations of The University of Texas Harris County Psychiatric Center.
SECTIONi____.iiDEPARTMENT OF STATE HEALTH SERVICES: INFORMATION RESOURCES TECHNOLOGIES. (a) Notwithstanding the limitations of Chapter 1369, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act), the Department of State Health Services shall transfer $9,700,000 in general revenue funds appropriated to the department by that Act in Strategy A.3.3, Kidney Health Care, to Strategy F.2.1, Capital
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6417
(b)iiThe capital budget authority granted for the state fiscal biennium ending August 31, 2007, to the Department of State Health Services by other law is increased by $9,700,000 for that biennium for the acquisition of information resources technologies.
SECTION____. PUBLIC UTILITY COMMISSION: SYSTEM BENEFIT FUND. In addition to other amounts appropriated for the two year period beginning the effective date of this Act that may be used for this purpose, the amount of $30,000,000 is appropriated out of the system benefit fund (GR Dedicated Account No. 5100)to the Public Utility Commission for the purpose of providing for the low income discount program.
SECTION ____. HEALTH AND HUMAN SERVICES COMMISSION: COMMUNITY-BASED PREVENTION AND INTERVENTION PROGRAMS. In addition to other amounts appropriated for the two year period beginning the effective date of this Act, that may be used for this purpose, the amount of $4,000,000 is appropriated from the general revenue fund to the Health and Human Services Commission for the purpose of providing one time facility start up funds for a settlement house in northeast Houston. The funding is contingent on Harris County providing the operating costs for the facility and on the land for the facility being donated.
SECTION ____.iiANGELO STATE UNIVERSITY: UTILITIES. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $50,000 is appropriated out of the general revenue fund to Angelo State University for the two-year period beginning on the effective date of this Act for the purpose of making utility payments.
SECTION ____. HEALTH AND HUMAN SERVICES COMMISSION: REDUCTION IN CHILDREN'S HEALTH INSURANCE PROGRAM. The unencumbered appropriations from the general revenue fund appropriated to the Health and Human Services Commission for use during the fiscal year ending August 31, 2009, by HB 1, Eightieth Legislature, Regular Session, 2007, under Strategy C.1.1. for the Children's Health Insurance Program are reduced by the amount of $15,700,000. Additionally, federal funds are reduced by an amount of $40,400,000 under strategy C.1.1, CHIP for the fiscal year ending August 31, 2009.
SECTION ____.APPROPRIATION REDUCTION: TEXAS DEPARTMENT OF CRIMINAL JUSTICE The unencumbered appropriations from the general revenue fund appropriated to the Texas Department of Criminal Justice for use during the fiscal biennium ending August 31, 2009, by HB 1, Eightieth Legislature, Regular Session, 2007, under Strategy C.1.6., Institutional Operations and Maintenance, are reduced by the amount of $27,000,000.
Senate Amendment No. 2 (Senate Floor Amendment No. 2)
Amend CSHB 15 (senate committee printing) as follows:
(1) In existing SECTION 9 of the bill (page 2, lines 53-57), strike proposed subsection (b) and substitute:
6418 80th LEGISLATURE — REGULAR SESSION
(b) The appropriation made by Subsection (a) of this section is contingent upon the development of a suitable plan of reorganization approved by the Legislative Budget Board and the Governor or the placement of the university under conservatorship as defined by Government Code Chapter 2104.
Senate Amendment No. 3 (Senate Floor Amendment No. 3)
Amend HB 15 (senate committee printing) as follows:
(1) Add the following SECTION, numbered appropriately:
SECTION____. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS: WEATHERIZATION ASSISTANCE. In addition to other amounts appropriated to the Texas Department of Housing and Community Affairs for the state fiscal biennium ending August 31, 2007, there is appropriated to that department for the two-year period beginning on the effective date of this Act, for the purpose of weatherization assistance under Section 39.905, Utilities Code, the estimated amount of $10,000,000 in receipts derived from orders of the Public Utility Commission of Texas that are designated for weatherization assistance in accordance with Section 39.905, Utilities Code. The amounts appropriated include all unexpended and unobligated amounts derived from those orders and received by the Texas Department of Housing and Community Affairs for that purpose before the effective date of this Act and all amounts received by the department derived from those orders for that purpose during the two-year period beginning on the effective date of this Act.
(2) Renumber subsequent SECTIONS of the bill accordingly.
Senate Amendment No. 4 (Senate Floor Amendment No. 4)
Amend CSHB 15 by striking second reading floor amendment No. 4 (Carona).
HB 1565 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Puente called up with senate amendments for consideration at this time,
HB 1565, A bill to be entitled An Act relating to the governing body, boundaries, and functions of the Bexar Metropolitan Water District.
Representative Puente moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 1565.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 1565: Puente, chair; Leibowitz, Guillen, Flores, and Corte.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6419
HB 1751 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Cohen called up with senate amendments for consideration at this time,
HB 1751, A bill to be entitled An Act relating to the imposition and use of a fee on certain sexually oriented businesses.
Representative Cohen moved to concur in the senate amendments to HBi1751.
PARLIAMENTARY INQUIRY
REPRESENTATIVE GEREN: Who's the information officer of the house?
SPEAKER: You need to check with the chief clerk's office. Are you talking about who's—
GEREN: Who's the information officer for the house? To whom would I have to deliver a request for the letter of resignation from Ms. Denise Davis?
SPEAKER: That would be the chief clerk's office, I'm sorry.
GEREN: And who appoints the chief clerk? Does he also serve at the will of the speaker?
SPEAKER: That's correct.
REMARKS ORDERED PRINTED
Representative Castro moved to print remarks between Speaker Craddick and Representative Geren.
The motion prevailed.
HB 1751 - (consideration continued)
A record vote was requested.
The motion to concur in senate amendments to HB 1751 prevailed by (Record 1874): 112 Yeas, 21 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Bailey; Berman; Bohac; Bolton; Bonnen; Burnam; Callegari; Castro; Chavez; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Eiland; Eissler; England; Escobar; Farabee; Farias; Farrar; Flores; Frost; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hartnett; Hernandez; Herrero; Hill; Hochberg; Hodge; Homer; Hopson; Howard, D.; Hughes; Jackson; Jones; Keffer; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Mowery; Murphy; Naishtat; Noriega; Oliveira; Olivo; Ortiz; Otto; Patrick; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Rose; Smith, T.; Smithee; Solomons; Strama; Straus; Swinford; Thompson; Truitt; Turner; Van Arsdale; Vaught; Villarreal; Vo; West; Woolley; Zerwas.
6420 80th LEGISLATURE — REGULAR SESSION
Nays — Anderson; Aycock; Brown, B.; Brown, F.; Crabb; Dutton; Elkins; Flynn; Hancock; Hardcastle; Harper-Brown; Isett; Macias; Miller; Morrison; O'Day; Orr; Paxton; Riddle; Taylor; Zedler.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch.
Absent — Chisum; Creighton; Crownover; Gallego; Hamilton; Harless; Heflin; Hilderbran; Howard, C.; King, P.; Moreno; Parker; Smith, W.; Talton; Veasey.
STATEMENTS OF VOTE
When Record No. 1874 was taken, I was absent because of important business in the district. Had I been present I would have voted no.
Harless
When Record No. 1874 was taken, my vote failed to register. I would have voted yes.
Hilderbran
When Record No. 1874 was taken, I was in the house but away from my desk. I would have voted yes.
C. Howard
I was shown voting yes on Record No. 1874. I intended to vote no.
Merritt
I was shown voting no on Record No. 1874. I intended to vote yes.
Taylor
When Record No. 1874 was taken, I was in the house but away from my desk. I would have voted yes.
Veasey
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 1751 (House committee printing) by striking all below the enacting clause and substituting the following:
SECTIONi1.iiSections 47.001 through 47.004, Business & Commerce Code, are designated as Subchapter A, Chapter 47, Business & Commerce Code, and a heading for Subchapter A is added to read as follows:
SUBCHAPTER A. RESTRICTION ON OWNERS, OPERATORS, MANAGERS, OR EMPLOYEES OF SEXUALLY ORIENTED BUSINESSES
SECTIONi2.iiSection 47.001, Business & Commerce Code, is amended to read as follows:
Sec.i47.001.iiDEFINITIONS. In this subchapter [chapter]:
(1)ii"Sex offender" means a person who has been convicted of or placed on deferred adjudication for an offense for which a person is subject to registration under Chapter 62, Code of Criminal Procedure.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6421
(2)ii"Sexually oriented business" has the meaning assigned by Section 243.002, Local Government Code.
SECTIONi3.iiChapter 47, Business & Commerce Code, is amended by adding Subchapter B to read as follows:
SUBCHAPTERiB.iiFEE IMPOSED ON CERTAIN SEXUALLY ORIENTED BUSINESSES
Sec.i47.051.iiDEFINITIONS. In this subchapter:
(1)ii"Nude" means:
(A)iientirely unclothed; or
(B)iiclothed in a manner that leaves uncovered or visible through less than fully opaque clothing any portion of the breasts below the top of the areola of the breasts, if the person is female, or any portion of the genitals or buttocks.
(2)ii"Sexually oriented business" means a nightclub, bar, restaurant, or similar commercial enterprise that:
(A)iiprovides for an audience of two or more individuals live nude entertainment or live nude performances; and
(B)iiauthorizes on-premises consumption of alcoholic beverages, regardless of whether the consumption of alcoholic beverages is under a license or permit issued under the Alcoholic Beverage Code.
Sec.i47.052.iiFEE BASED ON ADMISSIONS; RECORDS. (a) A fee is imposed on a sexually oriented business in an amount equal to $5 for each entry by each customer admitted to the business.
(b)iiA sexually oriented business shall record daily in the manner required by the comptroller the number of customers admitted to the business. The business shall maintain the records for the period required by the comptroller and make the records available for inspection and audit on request by the comptroller.
(c)iiThis section does not require a sexually oriented business to impose a fee on a customer of the business. A business has discretion to determine the manner in which the business derives the money required to pay the fee imposed under this section.
Sec.i47.053.iiREMISSION OF FEE; SUBMISSION OF REPORTS. Each quarter, a sexually oriented business shall:
(1)iiremit the fee imposed by Section 47.052 to the comptroller in the manner prescribed by the comptroller; and
(2)iifile a report with the comptroller in the manner and containing the information required by the comptroller.
Sec.i47.054.iiALLOCATION OF CERTAIN REVENUE FOR SEXUAL ASSAULT PROGRAMS. The comptroller shall deposit the first $25 million received from the fee imposed under this subchapter in a state fiscal biennium to the credit of the sexual assault program fund.
Sec.i47.055.iiALLOCATION OF ADDITIONAL REVENUE. (a) The comptroller shall deposit all amounts received from the fee imposed under this subchapter after the first $25 million in a state fiscal biennium in the Texas health opportunity pool established under Subchapter N, Chapter 531, Government Code. Money deposited in the pool under this section may be used only to
6422 80th LEGISLATURE — REGULAR SESSION
(b)iiThis section takes effect only if SB 10, Acts of the 80th Legislature, Regular Session, 2007, becomes law and the Texas health opportunity pool is established under that Act. If that Act does not become law, or that Act becomes law but the pool is not established, this section has no effect, and the revenue is deposited as provided by Section 47.0551.
Sec.i47.0551.iiALLOCATION OF ADDITIONAL REVENUE. (a) The comptroller shall deposit all amounts received from the fee imposed under this subchapter after the first $25 million in a state fiscal biennium to the credit of the premium payment assistance account. The premium payment assistance account is an account in the general revenue fund that may be appropriated to the Health and Human Services Commission only to provide health benefits coverage premium payment assistance to low-income persons through a program developed by the commission.
(b)iiThis section takes effect only if SB 10, Acts of the 80th Legislature, Regular Session, 2007, does not become law, or that Act becomes law, but the Texas health opportunity pool is not established under that Act. If that Act becomes law and the pool is established, this section has no effect, and the revenue is deposited as provided by Section 47.055.
Sec.i47.056.iiADMINISTRATION, COLLECTION, AND ENFORCEMENT. The provisions of Subtitle B, Title 2, Tax Code, apply to the administration, payment, collection, and enforcement of the fee imposed by this chapter.
SECTIONi4.iiSections 420.005(a) and (b), Government Code, are amended to read as follows:
(a)iiThe attorney general may award grants to programs described by
Section 420.008 [for maintaining or expanding existing services]. A grant may
not result in the reduction of the financial support a program receives from
another source.
(b)iiThe attorney general may by rule require that to [To] be eligible for a
grant, certain programs [a program] must provide at a minimum:
(1)iia 24-hour crisis hotline;
(2)iicrisis intervention;
(3)iipublic education;
(4)iiadvocacy and accompaniment to hospitals, law enforcement offices, prosecutors' offices, and courts for survivors and their family members; and
(5)iicrisis intervention volunteer training.
SECTIONi5.iiSections 420.008(b) and (c), Government Code, are amended to read as follows:
(b)iiThe fund consists of fees collected under:
(1)iiSection 19(e), Article 42.12, Code of Criminal Procedure;
(2)ii[, and] Section 508.189, Government Code; and
(3)iiSubchapter B, Chapter 47, Business & Commerce Code, and deposited under Section 47.054.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6423
(c)iiThe legislature may appropriate money deposited to the credit of the fund only to:
(1)iithe attorney general, for:
(A)iisexual violence awareness and prevention campaigns;
(B)iigrants to faith-based groups, independent school districts, and community action organizations for programs for the prevention of sexual assault;
(C)iigrants for equipment for sexual assault nurse examiner programs, to support the preceptorship of future sexual assault nurse examiners, and for the continuing education of sexual assault nurse examiners;
(D)iigrants to increase the level of sexual assault services in this state;
(E)iigrants to support victim assistance coordinators;
(F)iigrants to support technology in rape crisis centers;
(G)iigrants to and contracts with a statewide nonprofit organization exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code of 1986, having as a primary purpose ending sexual violence in this state, for programs for the prevention of sexual violence, outreach programs, and technical assistance to and support of youth and rape crisis centers working to prevent sexual violence; and
(H)iigrants to regional nonprofit providers of civil legal services to provide legal assistance for sexual assault victims;
(2)iithe Department of State Health Services, to measure the prevalence of sexual assault in this state;
(3)iithe Institute on Domestic Violence and Sexual Assault at The University of Texas at Austin, to conduct research on all aspects of sexual assault and domestic violence;
(4)iiTexas State University, for training and technical assistance to independent school districts for campus safety;
(5)iithe office of the governor, for grants to support sexual assault prosecution projects;
(6)iithe Department of Public Safety, to support sexual assault training for commissioned officers;
(7)iithe comptroller's judiciary section, for increasing the capacity of the sex offender civil commitment program;
(8)iithe Texas Department of Criminal Justice:
(A)iifor pilot projects for monitoring sex offenders on parole; and
(B)iifor increasing the number of adult incarcerated sex offenders receiving treatment;
(9)iithe Texas Youth Commission, for increasing the number of incarcerated juvenile sex offenders receiving treatment;
(10)iithe comptroller, for the administration of the fee imposed on sexually oriented businesses under Section 47.052, Business & Commerce Code; and
6424 80th LEGISLATURE — REGULAR SESSION
(11)iithe supreme court, to be transferred to the Texas Equal Access to
Justice Foundation, or a similar entity, to provide victim-related legal services to
sexual assault victims, including legal assistance with protective orders,
relocation-related matters, victim compensation, and actions to secure privacy
protections available to victims under law [to finance the grant program created
by this chapter].
SECTIONi6.iiSubchapter A, Chapter 420, Government Code, is amended by adding Section 420.015 to read as follows:
Sec.i420.015.iiASSESSMENT OF SEXUALLY ORIENTED BUSINESS REGULATIONS. The legislature may appropriate funds for a third-party assessment of the sexually oriented business industry in this state and provide recommendations to the legislature on how to further regulate the growth of the sexually oriented business industry in this state.
SECTIONi7.ii(a) The Sexual Assault Advisory Council is established to:
(1)iiserve as an information clearinghouse and informal coordinator of existing and future sexual assault programming efforts at state and local levels;
(2)iireport to the governor and the 81st Legislature the results of actions taken by the 80th Legislature on any gaps with respect to research, prevention, response and other victims' services, adjudication, and incarceration at state and local levels;
(3)iidevelop recommendations for appropriate performance measures that enable the governor and the legislature to biennially assess and respond to the status of sexual assault in this state; and
(4)iireport to the 81st Legislature on the effectiveness of appropriations made in this Act and other sexual assault legislation passed by the 80th Legislature.
(b)iiThe Sexual Assault Advisory Council is composed of representatives designated by the attorney general from state agencies that receive sexual assault-related appropriations in the General Appropriations Act.
(c)iiThe legislature intends that agencies receiving sexual assault-related appropriations coordinate with the Sexual Assault Advisory Council to provide answers for:
(1)iihow prevalent is sexual assault in Texas, and why;
(2)iihow to reduce the recidivism of known sex offenders;
(3)iihow to increase the reporting of sexual assault to law enforcement;
(4)iihow to increase conviction and prosecution rates of sexual assault;
(5)iihow to identify the geographic areas in this state with higher rates of sexual assault and how to coordinate delivering resources to these areas; and
(6)iihow to convey that assistance is available for all victims of sexual assault and how to ensure that residents of this state know how to obtain assistance if they have been sexually assaulted.
SECTIONi8.iiThe fee imposed by Section 47.052, Business & Commerce Code, as added by this Act, applies only to a sexually oriented business with respect to the admission by the business of customers on or after the effective date of this Act.
SECTIONi9.iiThis Act takes effect January 1, 2008.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6425
Senate Amendment No. 2 (Senate Floor Amendment No. 4)
Amend HB 1751 (senate committee printing) as follows and adjust accordingly:
On page 2, line 22, after "assault" insert "and programs for victims of human trafficking"
On page 2, line 33, after "state" and before";" insert "and for grants to support programs assisting victims of human trafficking;"
On page 2, line 41, after "assault" insert "and human trafficking"
PARLIAMENTARY INQUIRY
REPRESENTATIVE HILL: We are approaching the hour of midnight. Will you allow us to suspend the rules so that we can continue to do our work, or will you shut us down at twelve o'clock?
SPEAKER: Mr. Hill, we will have to take that bill by bill, and that will be up to the house.
HILL: But that's your intent, to let us continue on?
SPEAKER: Of the 11 bills that were eligible, that's correct.
HILL: Up until when?
SPEAKER: There were 11 bills eligible to be done between when we started and midnight. Those bills, yes, sir.
HILL: It is right now midnight.
SPEAKER: By that clock it's two minutes until, Mr. Hill.
HILL: Which clock is the official clock?
SPEAKER: I'm not sure, Mr. Hill. I believe the one behind you, they said, Mr. Hill. It doesn't really matter, I'm not going to argue with you over it.
HILL: Alright. So what you're going to do is take care of Ms. Morrison's bill, which is before us right now.
SPEAKER: If we get to it before that clock strikes one more minute, and then we can do these others one by one if members want to suspend to bring them up.
HILL: Or we can suspend on Ms. Morrison's bill if we don't make that time.
SPEAKER: That's correct.
HILL: Okay. Well, let's go ahead and do that.
SPEAKER: You want to take a vote on Ms. Morrison's bill?
HILL: I don't mind. You had made a commitment that we would do this one bill at a time, and so now the next bill up is HB 3838, is that correct?
SPEAKER: Well, we would be back on HB 3826 because we didn't pass it, Mr. Hill.
HILL: So we're going to suspend the rules?
6426 80th LEGISLATURE — REGULAR SESSION
SPEAKER: I'm going to recognize Ms. Morrison for that purpose and then the members can decide. We'll just go down those 11 bills that we had when we started out. We'll be glad to give you a copy of the list if anybody would like one.
HILL: I think I have it here.
HB 3826 - RULES SUSPENDED
Representative Morrison moved to suspend all necessary rules to consider HBi3826 with senate amendments at this time.
A record vote was requested.
The motion prevailed by (Record 1875): 144 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Nays — Castro.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch.
Absent — Harless; Moreno; Talton.
HB 3826 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Morrison called up with senate amendments for consideration at this time,
HB 3826, A bill to be entitled An Act relating to high school curriculum requirements for admission to public institutions of higher education and to the admission to public institutions of higher education of the children of certain public servants killed in the line of duty.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6427
Representative Morrison moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3826.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 3826: Morrison, chair; F. Brown, McCall, D. Howard, and Patrick.
HB 3873 - RULES SUSPENDED
Representative Menendez moved to suspend all necessary rules to consider HBi3873 with senate amendments at this time.
A record vote was requested.
The motion prevailed by (Record 1876): 141 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch.
Absent — Dutton; Hamilton; Harless; Howard, C.; Moreno; Mowery; Talton.
HB 3873 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Menendez called up with senate amendments for consideration at this time,
HB 3873, A bill to be entitled An Act relating to the administration of the Texas Department of Housing and Community Affairs; providing a penalty.
6428 80th LEGISLATURE — REGULAR SESSION
Representative Menendez moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3873.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 3873: Menendez, chair; Bailey, Chisum, R. Cook, and Talton.
HB 4032 - RULES SUSPENDED
Representative R. Cook moved to suspend all necessary rules to consider HB 4032 with senate amendments at this time.
A record vote was requested.
The motion prevailed by (Record 1877): 145 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch.
Absent — Chavez; Harless; Moreno.
HB 4032 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative R. Cook called up with senate amendments for consideration at this time,
HB 4032, A bill to be entitled An Act relating to the creation of the Colorado County Groundwater Conservation District; providing authority to impose a tax and issue bonds.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6429
Representative R. Cook moved to concur in the senate amendments to HBi4032.
A record vote was requested.
The motion to concur in senate amendments prevailed by (Record 1878): 143 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch.
Absent — Gallego; Harless; Moreno; Morrison; Riddle.
STATEMENT OF VOTE
When Record No. 1878 was taken, I was in the house but away from my desk. I would have voted yes.
Morrison
Senate Committee Substitute
CSHB 4032, A bill to entitled An Act relating to the creation of the Colorado County Groundwater Conservation District; providing authority to impose a tax and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubtitle H, Title 6, Special District Local Laws Code, is amended by adding Chapter 8824 to read as follows:
CHAPTER 8824. COLORADO COUNTY GROUNDWATER CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec.i8824.001.iiDEFINITIONS. In this chapter:
(1)ii"Board" means the board of directors of the district.
6430 80th LEGISLATURE — REGULAR SESSION
(2)ii"Director" means a member of the board.
(3)ii"District" means the Colorado County Groundwater Conservation District.
Sec.i8824.002.iiNATURE OF DISTRICT. The district is a groundwater conservation district in Colorado County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Sec.i8824.003.iiCONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held before September 1, 2011:
(1)iithe district is dissolved on September 1, 2011, except that:
(A)iiany debts incurred shall be paid;
(B)iiany assets that remain after the payment of debts shall be transferred to Colorado County; and
(C)iithe organization of the district shall be maintained until all debts are paid and remaining assets are transferred; and
(2)iithis chapter expires on September 1, 2013.
Sec.i8824.004.iiINITIAL DISTRICT TERRITORY. The initial boundaries of the district are coextensive with the boundaries of Colorado County, Texas, except that the district does not include any territory that is included in the boundaries of the Coastal Bend Groundwater Conservation District as of the effective date of the Act enacting this chapter.
Sec.i8824.005.iiDISTRICT TERRITORY REQUIREMENTS; DISSOLUTION OF DISTRICT. (a) On September 1, 2011, the district boundaries must include at least one county adjacent to Colorado County.
(b)iiAs soon as practicable after September 1, 2011, the Texas Commission on Environmental Quality shall determine whether the district complies with Subsection (a).
(c)iiIf the commission determines that the district does not comply with Subsection (a), the commission shall dissolve the district in accordance with Sections 36.304, 36.305, 36.307, 36.308, 36.309, and 36.310, Water Code, regardless of whether the district meets the criteria for dissolution under Section 36.304(a), Water Code.
(d)iiThis section expires September 1, 2013.
Sec.i8824.006.iiAPPLICABILITY OF OTHER GROUNDWATER CONSERVATION DISTRICT LAW. Except as otherwise provided by this chapter, Chapter 36, Water Code, applies to the district.
[Sections 8824.007-8824.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec.i8824.021.iiAPPOINTMENT OF TEMPORARY DIRECTORS. (a) Not later than September 11, 2007, the Colorado County Commissioners Court shall appoint seven temporary directors. Temporary directors must meet the qualifications provided by Section 8824.052 for permanent directors.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6431
(b)iiIf there is a vacancy on the temporary board of directors of the district, the remaining temporary directors shall select a qualified person to fill the vacancy. If, at any time, there are three or more vacancies on the temporary board, the Colorado County Commissioners Court shall appoint a qualified person to fill each vacancy.
(c)iiTemporary directors serve until the earlier of:
(1)iithe time initial directors are elected as provided by Section 8824.023; or
(2)iithe date this chapter expires under Section 8824.003.
Sec.i8824.022.iiORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS. (a) As soon as practicable after all the temporary directors have qualified under Section 36.055, Water Code, a majority of the temporary directors shall convene the organizational meeting of the district at a location within the district agreeable to a majority of the directors. If an agreement on location cannot be reached, the organizational meeting shall be at the Colorado County Courthouse.
(b)iiAt the meeting, the temporary directors shall elect a presiding officer, assistant presiding officer, and secretary from among the temporary directors.
Sec.i8824.023.iiCONFIRMATION AND INITIAL DIRECTORS' ELECTION. (a) The temporary board of directors shall hold an election to confirm the creation of the district and elect seven initial directors.
(b)iiSection 41.001(a), Election Code, does not apply to a confirmation election held as provided by this section.
(c)iiExcept as provided by this section, a confirmation election must be conducted as provided by Sections 36.017(b)-(i), Water Code, and the Election Code.
(d)iiThe ballot for the election must be printed to provide for voting for or against the proposition: "The creation of the Colorado County Groundwater Conservation District and the levy of an ad valorem tax in the district at a rate not to exceed three cents for each $100 of assessed valuation."
(e)iiThe temporary board of directors may include any other proposition on the ballot that the directors determine necessary.
(f)iiIf a majority of the votes cast at the election are not in favor of the creation of the district, the temporary board of directors may hold a subsequent confirmation election. The subsequent election may not be held before the month in which the first anniversary of the date on which the preceding election was held occurs.
(g)iiThe initial directors for positions one, three, five, and seven shall serve until the first regularly scheduled election of directors under Section 8824.053. The initial directors for the remaining positions shall serve until the second regularly scheduled election of directors under Section 8824.053.
Sec.i8824.024.iiEXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2013.
6432 80th LEGISLATURE — REGULAR SESSION
[Sectionsi8824.025-8824.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec.i8824.051.iiDIRECTORS; TERMS. (a) The district is governed by a board of seven directors.
(b)iiDirectors serve staggered four-year terms.
(c)iiA director may serve only two consecutive terms.
Sec.i8824.052.iiMETHOD OF ELECTING DIRECTORS. (a) Except as provided by Subsection (e), the directors of the district shall be elected as follows:
(1)iithe directors for positions 1 through 4 must reside in Colorado County Commissioners Precincts 1 through 4, respectively, and are elected by the voters of the applicable county commissioners precinct; and
(2)iithe directors for positions 5 through 7 must reside in the cities of Columbus, Eagle Lake, and Weimar, respectively, and are elected at large by the voters of the district.
(b)iiTo be eligible to be a candidate for or to serve as a director, a person must be a registered voter.
(c)iiA person shall indicate on the application for a place on the ballot the position on the board to which the person seeks to be elected.
(d)iiWhen the boundaries of the county commissioners precincts are redrawn after each federal decennial census to reflect population changes, a director in office on the effective date of the change, or a director elected or appointed before the effective date of the change whose term of office begins on or after the effective date of the change, shall serve in the precinct to which elected or appointed even though the change in boundaries places the person's residence outside the precinct for which the person was elected or appointed.
(e)iiIf territory is added to the district, the board shall change the method of electing directors as necessary to ensure that all district voters are fairly represented. A change in the method of electing directors adopted by the board under this subsection shall be implemented at the next directors' election at which the change can be implemented consistently with the Election Code and federal law.
Sec.i8824.053.iiELECTION DATE. The district shall hold an election to elect the appropriate number of directors on the uniform election date prescribed by Section 41.001, Election Code, in November of each even-numbered year.
Sec.i8824.054.iiDIVISION OF MUNICIPALITY. The provision of Section 36.059(b), Water Code, concerning the division of a municipal corporation among precincts does not apply to an election under this chapter.
Sec.i8824.055.iiCOMPENSATION; REIMBURSEMENT. (a) Notwithstanding Section 36.060, Water Code, a director is not entitled to receive compensation for performing the duties of a director.
(b)iiThe board may authorize a director to receive reimbursement for the director's reasonable expenses incurred while engaging in activities on behalf of the district.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6433
Sec.i8824.056.iiVACANCY. A vacancy in the office of director shall be filled by appointment of the board. The appointed director serves only for the remainder of the unexpired term to which the director was appointed.
[Sections 8824.057-8824.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec.i8824.101.iiRESTRICTIONS ON GENERAL POWERS. Sections 36.103 and 36.104, Water Code, do not apply to the district.
Sec.i8824.102.iiPROHIBITION ON REQUIRING METERING OF EXEMPT WELLS. The district may not require meters on wells exempt from permitting or regulation under Section 36.117, Water Code.
Sec.i8824.103.iiRIGHT TO ENTER LAND. (a) A district director or employee or a person who contracts with the district may enter private property on behalf of the district without obtaining the permission of the property owner only if:
(1)iithe purpose of the entry is to conduct an investigation of a violation of or enforce a district rule; and
(2)iithe property owner is provided reasonable notice before the property is entered.
(b)iiA district director or employee or a person who contracts with the district must obtain the permission of a property owner before entering private property on behalf of the district for any purpose other than the purposes described by Subsection (a)(1).
Sec.i8824.104.iiWELL SPACING RULES; EXEMPTIONS. (a) Except as provided by Subsection (b), the district shall exempt from the well spacing requirements adopted by the district any well that is completed on or before the effective date of those requirements.
(b)iiThe district may provide by rule that a well may lose its exemption under this section if the well is modified in a manner that substantially increases the capacity of the well after the effective date of the well spacing requirements adopted by the district.
(c)iiExcept as provided by this section, the district may require any well or class of wells exempt from permitting under Chapter 36, Water Code, to comply with the well spacing requirements adopted by the district. The district shall apply well spacing requirements uniformly to any well or class of wells based on the size or capacity of the well and without regard to the type of use of the groundwater produced by the well.
Sec.i8824.105.iiREGISTRATION AND REPORTING REQUIREMENTS FOR CERTAIN EXEMPT WELLS. The district may adopt rules that require the owner or operator of a well or class of wells exempt from permitting under Section 36.117, Water Code, to register the well with the district and, notwithstanding Section 8824.102, if the well is not exempt under Section 36.117(b)(1), Water Code, to report groundwater withdrawals from the well using reasonable and appropriate reporting methods and frequency.
Sec.i8824.106.iiNO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.
6434 80th LEGISLATURE — REGULAR SESSION
[Sections 8824.107-8824.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec.i8824.151.iiREVENUE. (a) To pay the maintenance and operating costs of the district and to pay any bonds or notes issued by the district, the district may:
(1)iiimpose ad valorem taxes at a rate not to exceed three cents on each $100 of assessed valuation of taxable property in the district; or
(2)iiassess reasonable fees for:
(A)iiservices provided;
(B)iiwater withdrawn from each well that is not exempt from district permitting or regulation; or
(C)iigroundwater exported from the district.
(b)iiIn determining a tax rate under Subsection (a)(1), the board shall take into consideration the income of the district from sources other than taxation.
Sec.i8824.152.iiGRANTS, GIFTS, AND DONATIONS. The district may solicit and accept grants, gifts, and donations from any public or private source.
[Sections 8824.153-8824.200 reserved for expansion]
SUBCHAPTER E. DISSOLUTION
Sec.i8824.201.iiSUBCHAPTER CUMULATIVE. The provisions of this subchapter are cumulative of the provisions of Subchapter I, Chapter 36, Water Code.
Sec.i8824.202.iiDISSOLUTION BY ELECTION. (a) After January 1, 2016, the board shall order an election on the question of dissolving the district if the board receives a petition requesting that an election be held for that purpose that is signed by at least 15 percent of the district's registered voters.
(b)iiNot later than the 30th day after the date the board receives the petition, the directors shall:
(1)iivalidate the signatures on the petition; and
(2)iiif the signatures are validated, order an election on the next uniform election date under Section 41.001, Election Code.
(c)iiThe order calling the election must state the nature of the election, including the proposition that is to appear on the ballot.
Sec.i8824.203.iiNOTICE OF ELECTION. Notice of an election under this subchapter must be provided by posting a copy of the order calling the election in at least one conspicuous place for at least 10 days before the day of the election:
(1)iiat the Colorado County Courthouse;
(2)iiin each Colorado County commissioners precinct; and
(3)iiin the cities of Columbus, Eagle Lake, and Weimar.
Sec.i8824.204.iiBALLOT. The ballot for an election under this subchapter must be printed to permit voting for or against the proposition: "The dissolution of the Colorado County Groundwater Conservation District."
Sec.i8824.205.iiELECTION RESULTS; DISPOSITION OF ASSETS. If a majority of the votes in an election under this subchapter favor dissolution:
(1)iithe board shall find that the district is dissolved; and
(2)iiSection 36.310, Water Code, applies for the purpose of disposition of the district's assets.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6435
SECTIONi2.iiChapter 303, Acts of the 77th Legislature, Regular Session, 2001, is repealed.
SECTIONi3.ii(a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.
(b)iiThe governor has submitted the notice and Act to the Texas Commission on Environmental Quality.
(c)iiThe Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time.
(d)iiAll requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.
SECTIONi4.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, 2007.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 4032 (senate committee printing) by striking Sec. 8824.005 (page 1, line 46 through Page 1, line 59) and renumbering subsequent Sections accordingly.
HB 3678 - MOTION TO SUSPEND RULES
Representative C. Howard moved to suspend all necessary rules to consider HB 3678 with senate amendments at this time.
A record vote was requested.
The motion was lost (not receiving the necessary two-thirds vote) by (Record 1879): 93 Yeas, 50 Nays, 1 Present, not voting. (The vote was reconsidered on May 26, and the house concurred in senate amendments by Record 1915.)
Yeas — Anderson; Aycock; Bailey; Berman; Bohac; Bonnen; Brown, B.; Brown, F.; Callegari; Chisum; Christian; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Delisi; Driver; Dutton; Eissler; Elkins; England; Farabee; Flynn; Gattis; Geren; Goolsby; Guillen; Haggerty; Hamilton; Hancock; Hardcastle; Harper-Brown; Hartnett; Heflin; Hilderbran; Hill; Homer; Hopson; Howard, C.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Macias; Madden; McCall; McReynolds; Menendez; Merritt; Miller; Morrison; Mowery; Murphy; O'Day; Orr; Otto; Parker; Patrick; Paxton; Phillips; Pickett; Pierson; Pitts; Puente; Riddle; Ritter; Smith, T.; Smith, W.; Smithee; Solomons; Swinford; Talton; Taylor; Truitt; Turner; Van Arsdale; West; Woolley; Zedler; Zerwas.
6436 80th LEGISLATURE — REGULAR SESSION
Nays — Allen; Alonzo; Anchia; Bolton; Burnam; Castro; Chavez; Cohen; Coleman; Davis, Y.; Deshotel; Dukes; Dunnam; Eiland; Escobar; Farias; Farrar; Flores; Frost; Gallego; Garcia; Giddings; Gonzales; Gonzalez Toureilles; Hernandez; Herrero; Hochberg; Hodge; Howard, D.; Leibowitz; Lucio; Mallory Caraway; Martinez; Martinez Fischer; McClendon; Miles; Naishtat; Noriega; Oliveira; Olivo; Ortiz; Quintanilla; Rodriguez; Rose; Strama; Thompson; Vaught; Veasey; Villarreal; Vo.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch.
Absent — Harless; Moreno; Peña; Raymond; Straus.
STATEMENTS OF VOTE
I was shown voting no on Record No. 1879. I intended to vote yes.
Bolton
When Record No. 1879 was taken, I was absent because of important business in the district. Had I been present I would have voted yes.
Harless
I was shown voting no on Record No. 1879. I intended to vote yes.
Lucio
When Record No. 1879 was taken, my vote failed to register. I would have voted yes.
Raymond
I was shown voting no on Record No. 1879. I intended to vote yes.
Rose
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
Harless on motion of Darby.
PARLIAMENTARY INQUIRY
REPRESENTATIVE T. SMITH: Mr. Speaker, is it your intent, at some reasonable period of time, to release the resignation letter of Denise Davis, in light of the fact open records laws provide criminal sanctions for failure to release a public document in a reasonable period of time?
SPEAKER: That letter will be available to you, Mr. Smith, upon adjournment in the clerk's office.
T. SMITH: Thank you, Mr. Speaker. It's my understanding, Mr. Speaker, that the position of the chair is that the procedure for removal of the speaker is the same procedure that applies to the removal of the governor and lieutenant governor from elected office, even though the speaker would retain his position of state
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6437
SPEAKER: No, it's not correct.
T. SMITH: Okay, and how is that not correct?
SPEAKER: There are several different competing provisions in the Texas Constitution. Some are specific to the executive branch, some are specific to the legislative branch, and some are applicable to all elected officials.
T. SMITH: How is the provision for removing the speaker from the office of speaker different from the procedure for removing the lieutenant governor from office?
SPEAKER: The difference is that the rules of the constitution provide for a specific method to remove, to replace the lieutenant governor. The other methods relating to the Texas House of Representatives set out specific ways that apply to all members, including the speaker.
T. SMITH: How do those provisions that apply to the lieutenant governor differ from the provisions that you have suggested apply in this instance?
SPEAKER: Just a moment. We refer you to Article III, Section 9. You should read paragraph (A) and (B). And furthermore, you should look at several other provisions of the Texas Constitution, including as follows: Article XVI, Section 5; Article III, Section 8; Article XV, Section 7.
T. SMITH: I'll do that, Mr. Speaker. Mr. Speaker, if you were presented with a petition that was signed by a significant majority of the members of this body asking for your resignation, would you submit to the indisputable will of this body?
SPEAKER: That's not a proper parliamentary inquiry.
REPRESENTATIVE PITTS: Mr. Speaker, can you tell us, I think you said this before, but did Ms. Davis ask to be reassigned in your office?
SPEAKER: That is correct, Mr. Pitts.
PITTS: And Mr. Griesel the same?
SPEAKER: That's correct.
PITTS: Mr. Speaker, would that be a cause why members of your office escorted Ms. Davis and Mr. Griesel out of their office and locked them out of the office?
SPEAKER: I'm not advised of that.
PITTS: You're not aware that your office escorted Ms. Davis and Mr. Griesel out of their office?
SPEAKER: I'm not advised.
REPRESENTATIVE HILL: Would you have a conversation with me?
SPEAKER: Mr. Hill, state your inquiry.
6438 80th LEGISLATURE — REGULAR SESSION
HILL: The body has been in turmoil, and we are all your colleagues. That is correct, isn't it?
SPEAKER: Sorry, Mr. Hill. Could you speak just a little louder?
HILL: Sure. I said the body has been in turmoil, and we are all your colleagues. Is that not correct?
SPEAKER: That's correct.
HILL: Right. And there has been an inquiry about the motion, if a motion were made, to ask you to vacate the chair, and you have deflected that inquiry by stating certain rules, etc. There is controversy over whether or not those rules are accurate. Let me read a motion to you. Pursuant to House Rule 5, Section 35 and 36, as a question of privilege, I move to declare the office of speaker vacant. Pursuant to Paragraph 2, Section 580, of Mason's Manual of Legislative Procedure, I further request that the speaker pro tempore be placed in the chair while this matter is decided. Would you accept that motion?
SPEAKER: I will not recognize you for that motion.
HILL: Mr. Speaker, I would like to ask that the body have the opportunity to overrule the decision of the chair.
SPEAKER: Pursuant to Rule 5, Section 24, that is not appropriate, Mr. Hill.
HILL: There is no such motion, are you saying that? It's an acceptable motion, to overrule the chair.
SPEAKER: The speaker's discretion to recognize a member on any matter is unappealable.
HILL: Even a motion to overrule the chair is unappealable?
SPEAKER: Let us finish, Mr. Hill. Per Rule 5, Section 24, which is unique to the house, and is not in the Senate Rules of the State of Texas.
HILL: What is the rule that you cited?
SPEAKER: We'd like to finish, Mr. Hill.
HILL: Sorry. Please go ahead.
SPEAKER: Pursuant to Rule 5, Section 24, and there is no parallel rule in the senate, the speaker of the House of Representatives has absolute discretion whether or not to recognize any member on any matter. The rule specifically provides that there is no appeal to that. That is a rule that's been enacted by the Texas House. Furthermore, what you have cited as Mason's Rules do not apply to that, because you are attempting to create a substantive motion, and we would only look to Mason's Rules on a matter of procedure, not a substantive matter.
HILL: I would like to ask you to tell me the rule that you just cited, that does not allow us to overrule a ruling of the chair.
SPEAKER: Rule 5, Section 24.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6439
HILL: That's it? Mr. Speaker, I would like to move to suspend the rules that apply to Rule 5, Section 24.
SPEAKER: You are not recognized for that motion.
HILL: Mr. Speaker, I would like to appeal the ruling of the chair on my motion to suspend Rule 5, Section 24.
SPEAKER: There is no ruling of the chair because you were never recognized for the motion.
HILL: You know that we all want to abide by the rules, so that's why we have these documents to work with, but it appears that the rules don't cover every situation. Is that correct?
SPEAKER: Mr. Hill, the rules cover every situation. If they do not, then you look to substantive law of the State of Texas, and the Texas Constitution, which supersedes any law or rules.
HILL: I understand that, and that is why I quoted from Mason's in this motion, because that is one of the documents we fall back on when our set of rules are silent on an issue.
SPEAKER: Mr. Hill, our rules are clear on this particular issue.
HILL: Our rules do not address the issue of the motion to vacate the chair.
SPEAKER: It's not authorized under the rules, however the rules are clear that the speaker's power of recognition on any matter cannot be appealed.
HILL: Except in the case of a motion that is a privileged motion.
SPEAKER: That is not correct, because a privileged motion—
HILL: Could you tell me what the—I'm sorry, go ahead.
SPEAKER: Mr. Hill, you're going to have to repeat the question.
HILL: I'm asking you to provide me a definition of a privileged rule.
SPEAKER: A privileged rule, Mr. Hill?
HILL: Yes sir, a privileged motion in this case.
SPEAKER: A privileged motion, not a rule?
HILL: Yes, sir. A privileged motion.
SPEAKER: The members should read—
HILL: I'd like you to tell me, if you don't mind.
SPEAKER: Mr. Hill, it's Chapter D, questions of privilege, Section 35, questions of privilege defined. (1) and (2).
HILL: Can you tell me what motions would be privileged motions?
SPEAKER: They're set out in the rules, Mr. Hill.
HILL: One of our rules is those affecting the rights of the house collectively, its safety and dignity, and the integrity of its proceedings.
6440 80th LEGISLATURE — REGULAR SESSION
SPEAKER: That's correct. That's Subsection (a)(1).
HILL: That's right. And two, is those affecting the rights, reputation, and conduct of members individually, in their representative capacity.
SPEAKER: That's correct.
HILL: I'm making this motion under Chapter D, Section 35, Subsection (1).
SPEAKER: You're not recognized for the motion, Mr. Hill.
HILL: Mr. Speaker, I would like to make a motion to overrule the ruling of the chair.
SPEAKER: You're not recognized, because the chair has, pursuant to Rule 5, Section 24, not recognized you for the motion.
HILL: Mr. Speaker, are you familiar with Rule 14, Section 1. It says when rules are silent, if the rules are silent, or are inexplicit on any question of order, or parliamentary practice, the rules of the House of Representatives of the United States Congress and its practice, as reflected in published precedents, and Mason's Manual of Legislative Procedure shall be considered as authority. I made my motion, and cited—
SPEAKER: Mr. Hill, as we've already told you, Rule 5, Section 24, is specific to the Texas House of Representatives, so therefore our rules are not silent. Furthermore, the provision providing for reference to rules or laws outside of the Texas House of Representatives, have to do with order and parliamentary practice. Our rules are not silent, Mr. Hill.
HILL: No, I know. We have had incidents in which you have recognized members for a motion to overrule the chair, and all you requested in order to have that accomplished was 10 signatures. Are you saying that today, that you would not accept those 10 signatures to make a motion to overrule the chair?
SPEAKER: Mr. Hill, you're confusing a ruling with a decision not to recognize.
HILL: And what level of signatures would you recognize?
SPEAKER: Mr. Hill, pursuant to Rule 5, Section 24, the speaker of the house has a duty to exercise his discretion as to whether or not he will exercise, or whether or not he will recognize a member on any matter.
HILL: So that's your final statement in regards to an appeal from your members, is that you won't recognize them?
SPEAKER: We're going to abide by the rules of the house.
HILL: Your final statement is that an appeal from your members, you will not recognize them on that?
SPEAKER: The rules do not allow an appeal.
HILL: They don't allow you to? I'm sorry, I didn't hear that. Did you say they don't allow you to recognize a member for that purpose?
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6441
SPEAKER: Rule 5, Section 24, specifically states there is no appeal from the speaker's decision whether or not to recognize a member on any matter.
HILL: Mr. Speaker, I simply want to thank you for your time, and I'm sorry that you have chosen to rule in the way that you have, but I do thank you for your time.
REPRESENTATIVE DUNNAM: Earlier, I had provided you with a copy of Rule 11, from the 62nd Texas Legislature, and I had asked you to read that provision regarding recognition, and appeal of recognition, which is Section 3, and compare that with Rule 5, Section 24, that you've been citing today, and have you determined whether or not they are identical?
SPEAKER: Mr. Dunnam, we will take a look at that and give you an answer shortly.
DUNNAM: Mr. Speaker, it's taking awhile. How about we just read it? If you wouldn't mind pulling up your copy of Rule 5, Section 24, I'll read Rule 11, Section 3, from the 62nd Legislature, because I think it is on point. It is my understanding that the chair's justification for not allowing an appeal is that rule, and I'd like to know if it is exactly the same as it was in the 62nd Legislature.
SPEAKER: Mr. Dunnam, we've been trying to get through the bills of the house, and we have not had time to look at your—
DUNNAM: And I will vote to suspend the rules until dawn for those bills, Mr. Speaker.
SPEAKER: We just have one left.
DUNNAM: I understand that, and I have a feeling we might not have a quorum after that, so I'd like to ask this question now. Rule 11, Section 3, from the 62nd Legislature says, "There shall be no appeal from the speaker's recognition, but he shall be governed by the rules and usages and priority of entertaining motions from the floor. When a member seeks recognition, the speaker may ask for his information, 'for what purpose does the gentleman rise?', or, 'for what purpose does the gentleman seek recognition?', and he may then decide if recognition is to be granted." Is that the same as the rule as it exists today?
SPEAKER: The rule today, Mr. Dunnam, reads as follows: "Recognition. There shall be no appeal from the speaker's recognition, but the speaker shall be governed by rules and usage and priority of entertaining motions from the floor. When a member seeks recognition, the speaker may ask, 'for what purpose does the member rise?', or, 'for what purpose does the member seek recognition?.' He may then decide if recognition is to be granted." It is obvious that a prior speaker has the discretion whether or not to recognize a member for any matter. The fact that a speaker has the discretion not to recognize a member does not mean that a speaker cannot go ahead and recognize him.
6442 80th LEGISLATURE — REGULAR SESSION
DUNNAM: Well, my question is, the rules are the same as they were back then, the only change is the word "he" has been substituted with "speaker," and the term "member," has been substituted for "gentleman." Is that correct? Otherwise the rules are identical.
SPEAKER: If you say so, Mr. Dunnam, we don't have that down here.
DUNNAM: Then I would ask again, Mr. Speaker, when Ms. Farenthold moved as a matter of personal privilege to take up and consider HCR 87 on March 15, 1971, the speaker did not recognize Ms. Farenthold on the motion, stating that the resolution was not privileged. In other words, had it been privileged, he would be required to recognize her under Rule 17 of the House Rules, and the resolution could not be considered. Mr. Denton appealed the ruling of the chair, the appeal was seconded by 10 members, and Mr. Craddick is shown voting with the "Dirty 30" to appeal Mr. Mutscher's ruling. And so the question is, if they were allowed to appeal then, and you were allowed to appeal then, why can't we now? The rule says—it doesn't say anything about discretion at the top of Section 3—it says, "there shall be no appeal of the speaker's recognition." But it's clear when the chair determines if a matter is not privileged, therefore, that is subject to appeal. What is different now, other than you were in the chamber then, and you're on the dais now?
SPEAKER: The difference is the speaker you're referencing may have exercised his discretion to allow an appeal to go forward. In spite of the rules, the clear, specific content of Rule 5, Section 24, indicates that the speaker did not have to do that.
DUNNAM: Mr. Speaker.
SPEAKER: The fact that he did so does not alter the rule.
DUNNAM: Are you suggesting that Speaker Mutscher was more fair than you?
SPEAKER: Mr. Dunnam, that is not a proper—
DUNNAM: Well, let me ask you if this is proper. You've said that he used his discretion. If you read the sentence, it says, "there shall be no appeal from the speaker's recognition." It doesn't say he has discretion either way. The reason that there was an appeal––they did not appeal the decision on whether or not to recognize, they appealed, and you appealed, the decision of Mr. Mutscher that it was not privileged. For had it been privileged, he had to recognize it, and so that's what was appealed. It wasn't recognition was not appealed. The decision of Mr. Mutscher that it was not a privileged motion is what was appealed. For had it been privileged, he had to recognize them.
SPEAKER: We've already answered the question, Mr. Dunnam.
DUNNAM: I don't think so, Mr. Speaker.
REPRESENTATIVE TALTON: Mr. Speaker, you would agree, would you not, that the house sets the rules, and we pass rules initially, is that correct?
SPEAKER: That's correct.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6443
TALTON: And if a house wants to change the rules, a house can change the rules. Is that correct?
SPEAKER: That's correct.
TALTON: And the house can do that at any time, is that correct?
SPEAKER: If they are recognized for a motion to do so.
TALTON: Yes, sir. Now, Mr. Speaker, would you recognize me to suspend the rules and change the rule regarding the power of recognition, specifically Rule 5, Section 24, the power of recognition?
SPEAKER: I will not.
TALTON: Thank you.
REMARKS ORDERED PRINTED
Representative Leibowitz moved to print all non-bill related parliamentary inquiries made on this legislative day from 11 p.m. to adjournment.
The motion prevailed.
HB 2265 - RULES SUSPENDED
Representative Haggerty moved to suspend all necessary rules to consider HB 2265 with senate amendments at this time.
The motion prevailed.
HB 2265 - MOTION TO CONCUR IN SENATE AMENDMENTS
Representative Haggerty called up with senate amendments for consideration at this time,
HB 2265, A bill to be entitled An Act relating to the award of prizes in, and the conduct of, a progressive bingo game.
Representative Haggerty moved to concur in the senate amendments to HBi2265.
HB 2265 - POINT OF ORDER
Representative Talton raised a point of order against further consideration of HB 2265 under Rule 11, Section 2 of the House Rules on the grounds that the senate amendments are not germane to the bill.
(Speaker pro tempore in the chair)
PROCLAMATION BY THE GOVERNOR
OF THE STATE OF TEXAS
The chair laid before the house and had read the following proclamation by the governor:
TO ALL WHOM THESE PRESENTS SHALL COME:
TO THE MEMBERS OF THE SENATE AND HOUSE OF REPRESENTATIVES OF THE EIGHTIETH TEXAS LEGISLATURE, REGULAR SESSION:
6444 80th LEGISLATURE — REGULAR SESSION
Pursuant to Article IV, Section 14 of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove and veto HB 770 of the 80th Texas Legislature, Regular Session, due to the following objections:
HB 770 requires the Texas Department of Criminal Justice (TDCJ) give written notice to each convicted felon released from prison, or whose parole or probation ends, that they are eligible to vote, and requires the Texas Department of Criminal Justice to provide former inmates with a voter registration form. This legislation is objectionable for several reasons. First, registering former inmates to vote is not within the mission of TDCJ. Their role is to incarcerate and rehabilitate offenders, and we should not divert resources away from this difficult task by mandating that TDCJ register inmates that are leaving the system or track down each convict when their parole or probation is over to encourage them to vote. In the 78th Regular Session, I vetoed a similar piece of legislation, HBi1517, that was less onerous than this—it required that the state post notice to released felons of their right to vote. Second, the state does not currently provide this service to law-abiding citizens, such as high school graduates who are new to voting. I find it unseemly that the state would make a greater effort to register former inmates to vote than we would any other group of citizens in this state. Third, when an individual is released from prison and their rights are restored, it is imperative that they take personal responsibility for all aspects of their life, including their right to vote. Lastly, nothing in current law precludes any political party or organization from organizing a voter registration drive among released convicts. In fact, a large amount of resources is dedicated each election cycle to registering Texans not currently on the voter rolls. But government should not make it a greater priority to register to vote those who broke our laws than those who have abided by them.
Since you remain gathered in regular session and continue to conduct formal business, I am delivering this disapproval message directly to you along with the official enrolled copy of the bill.
IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 25th day of May, 2007.
Rick Perry
Governor of Texas
(SEAL)
Roger Williams
Secretary of State
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6445
HB 2265 - (consideration continued)
HB 2265 - POINT OF ORDER DISPOSITION
The chair sustained the point of order, speaking as follows:
Representative Talton raised a point of order against further consideration of senate amendments to HB 2265 under Rule 11, Section 2 of the House Rules on the grounds that Senate Amendment No. 2 is not germane to the house engrossment. The subject of HB 2265 as passed by the house is the conduct of progressive bingo games and amounts of prizes awarded in those games by organizations authorized by current law to conduct charitable bingo games. The house version did not expand the types of entities authorized to conduct charitable bingo games. Senate Amendment No. 2 has the effect of authorizing a new class of entities to conduct charitable bingo games. The subject of the amendment is different from the subject of the house bill, and is therefore not germane.
HB 2265 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Haggerty called up with senate amendments for consideration at this time,
HB 2265, A bill to be entitled An Act relating to the award of prizes in, and the conduct of, a progressive bingo game.
Representative Haggerty moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2265.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 2265: Haggerty, chair; Chavez, Pickett, Quintanilla, and Talton.
RESOLUTIONS ADOPTED
Representative McClendon moved to suspend all necessary rules in order to take up and consider at this time HCR 269 - HCR 271 and HR 2814.
The motion prevailed.
The following resolutions were laid before the house:
HCR 269 (by Homer), In memory of Elizabeth Robertson Boatner of Mount Pleasant.
HCR 270 (by Homer), In memory of Ashantay Renee Gray Bouchon of Paris.
HCR 271 (by Homer), In memory of Dean Vincent Grossnickle.
HR 2814 (by Bohac), In memory of Richard W. Luzader of Houston.
The resolutions were unanimously adopted by a rising vote.
6446 80th LEGISLATURE — REGULAR SESSION
HR 2093 - ADOPTED
(by Guillen)
Representative McClendon moved to suspend all necessary rules to take up and consider at this time HRi2093.
The motion prevailed.
The following resolution was laid before the house:
HR 2093, Recognizing the city of Zapata on its selection as a "micro" City of the Future.
HR 2093 was adopted.
ADJOURNMENT
Representative Taylor moved that the house adjourn until 11 a.m. today, May 26, in memory of Farrah "Vick" Vickers of Sinton.
A record vote was requested.
The motion to adjourn prevailed by (Record 1880): 135 Yeas, 2 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bonnen; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; Giddings; Gonzales; Goolsby; Guillen; Hancock; Hardcastle; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Madden; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miles; Miller; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Smith, T.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.
Nays — Bolton; Geren.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Branch; Harless.
Absent — Farabee; Gonzalez Toureilles; Haggerty; Hamilton; Macias; Mallory Caraway; Moreno; Oliveira; Smith, W.; Turner.
The house accordingly, at 1:23 a.m. May 26, adjourned until 11 a.m. today.
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6447
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
SCR 76 to Defense Affairs and State-Federal Relations.
SCR 77 to Defense Affairs and State-Federal Relations.
SCR 79 to Defense Affairs and State-Federal Relations.
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the house by the speaker:
House List No. 46
HBi2, HBi316, HBi317, HBi438, HBi448, HBi492, HBi544, HBi555, HBi638, HBi681, HBi724, HBi957, HBi967, HBi971, HBi1009, HBi1086, HBi1092, HBi1207, HBi1265, HBi1287, HBi1290, HBi1303, HBi1316, HBi1330, HBi1400, HBi1459, HBi1470, HBi1519, HBi1524, HBi1609, HBi1656, HBi1667, HBi1669, HBi1671, HBi1775, HBi1889, HBi1899, HBi1944, HBi1955, HBi2074, HBi2118, HBi2138, HBi2173, HBi2190, HBi2222, HBi2328, HBi2365, HBi2389, HBi2417, HBi2427, HBi2438, HBi2467, HBi2501, HBi2523, HBi2524, HBi2543, HBi2548, HBi2703, HBi2713, HBi2715, HBi2723, HBi2724, HBi2751, HBi2752, HBi2782, HBi2820, HBi2827, HBi2895, HBi2896, HBi2897, HBi2917, HBi2918, HBi2926, HBi2936, HBi2949, HBi3060, HBi3106, HBi3220, HBi3672, HBi3776, HBi3876, HBi3879, HBi3984, HBi3990, HBi4015, HBi4031, HBi4037, HBi4038, HBi4039, HBi4040, HBi4041, HBi4042, HBi4043, HBi4046, HBi4047, HBi4056, HBi4057, HBi4062, HBi4065, HBi4067, HBi4070, HBi4072, HBi4074, HBi4079, HBi4080, HBi4083, HBi4084, HBi4093, HBi4094, HBi4096, HBi4097, HBi4098, HBi4099, HBi4101, HBi4104, HBi4109, HBi4111, HBi4112, HBi4114, HBi4123, HCRi12, HCRi16, HCRi25, HCRi35, HCRi102, HCRi111, HCRi151, HCRi164, HCRi187, HCRi207, HCRi233, HCRi266, HCRi267, HJRi6, HJRi72, HJRi90
Senate List No. 49
SBi7, SBi29, SBi155, SBi161, SBi552, SBi606, SBi737, SBi747, SBi760, SBi772, SBi778, SBi827, SBi831, SBi992, SBi1007, SBi1032, SBi1050, SBi1053, SBi1161, SBi1169, SBi1180, SBi1237, SBi1238, SBi1255, SBi1274, SBi1288, SBi1310, SBi1404, SBi1446, SBi1456, SBi1504, SBi1510, SBi1524,
6448 80th LEGISLATURE — REGULAR SESSION
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 25, 2007
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 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 3
Senate Conferees: Averitt - Chair/Eltife/Hegar/Hinojosa/Shapiro
SB 9
Senate Conferees: Shapiro - Chair/Hinojosa/Janek/Ogden/Van de Putte
SB 101
Senate Conferees: Shapiro - Chair/Ellis/Janek/Nelson/Zaffirini
SB 406
Senate Conferees: Wentworth - Chair/Carona/Duncan/Hinojosa/Watson
SB 718
Senate Conferees: Ogden - Chair/Duncan/Eltife/Nichols/Shapleigh
SB 964
Senate Conferees: Shapiro - Chair/Carona/Fraser/Nelson/Williams
SB 965
Senate Conferees: Shapiro - Chair/Carona/Harris/Nelson/West, Royce
SB 1058
Senate Conferees: West, Royce - Chair/Estes/Ogden/Shapleigh/Van de Putte
SB 1604
Senate Conferees: Duncan - Chair/Averitt/Hegar/Jackson, Mike/Seliger
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6449
SB 1846
Senate Conferees: Duncan - Chair/Fraser/Lucio/Ogden/Williams
SB 1871
Senate Conferees: Zaffirini - Chair/Carona/Janek/Seliger/Van de Putte
SB 1879
Senate Conferees: Williams - Chair/Deuell/Nelson/Van de Putte/West, Royce
SB 2003
Senate Conferees: Estes - Chair/Averitt/Lucio/Nichols/Patrick, Dan
THE SENATE HAS GRANTED THE REQUEST OF THE HOUSE FOR THE APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING MEASURES:
HB 109
Senate Conferees: Averitt - Chair/Deuell/Hinojosa/Nelson/Ogden
HB 892
Senate Conferees: Fraser - Chair/Nichols/Patrick, Dan/Wentworth/West, Royce
HB 1111
Senate Conferees: Uresti - Chair/Deuell/Hegar/Hinojosa/Seliger
HB 1251
Senate Conferees: Wentworth - Chair/Nichols/Patrick, Dan/Seliger/Shapleigh
HB 1457
Senate Conferees: Nichols - Chair/Averitt/Eltife/Estes/Hegar
HB 1498
Senate Conferees: Eltife - Chair/Deuell/Hegar/Hinojosa/Uresti
HB 2096
Senate Conferees: Uresti - Chair/Estes/Hinojosa/Lucio/Patrick, Dan
HB 2819
Senate Conferees: Jackson, Mike - Chair/Estes/Hinojosa/Janek/Lucio
HB 2960
Senate Conferees: Fraser - Chair/Eltife/Jackson, Mike/Janek/Van de Putte
HB 3066
Senate Conferees: Patrick, Dan - Chair/Deuell/Duncan/Uresti/Williams
HB 3105
Senate Conferees: Duncan - Chair/Ellis/Fraser/Hinojosa/Shapiro
HB 3849
Senate Conferees: Hinojosa - Chair/Deuell/Hegar/Watson/Wentworth
Respectfully,
Patsy Spaw
Secretary of the Senate
6450 80th LEGISLATURE — REGULAR SESSION
Message No. 2
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Friday, May 25, 2007 - 2
The Honorable Speaker of the House
House Chamber
Austin, Texas
Mr. Speaker:
I am directed by the senate to inform the house that the senate has taken the following action:
THE SENATE HAS PASSED THE FOLLOWING MEASURES:
| HB 2510 | Martinez, "Mando" | SPONSOR: Hinojosa |
Relating to the creation, administration, powers, duties, operations, and financing of a commuter rail district; granting the authority to issue bonds; granting the power of eminent domain.
| HCR 96 | Driver | SPONSOR: Williams |
Requesting the lieutenant governor and speaker to create a joint interim committee to study the qualifications and standards necessary to be designated a police agency and to encourage a moratorium on the statutory creation of new police agencies.
| HCR 260 | Isett, Carl | SPONSOR: Deuell |
Congratulating Michael J. Warner of Austin on his graduation from The University of Texas at Austin.
| SCR 80 | Van de Putte |
Commending the Texas State Board of Pharmacy for 100 years of service to the citizens of Texas.
THE SENATE HAS CONCURRED IN HOUSE AMENDMENTS TO THE FOLLOWING MEASURES:
| SB 27 | (30 Yeas, 0 Nays) |
| SB 74 | (30 Yeas, 0 Nays) |
| SB 141 | (30 Yeas, 0 Nays) |
| SB 363 | (30 Yeas, 0 Nays) |
| SB 410 | (30 Yeas, 0 Nays) |
| SB 560 | (30 Yeas, 0 Nays) |
| SB 649 | (30 Yeas, 0 Nays) |
| SB 714 | (30 Yeas, 0 Nays) |
| SB 919 | (30 Yeas, 0 Nays) |
| SB 924 | (30 Yeas, 0 Nays) |
| SB 962 | (30 Yeas, 0 Nays) |
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6451
| SB 1091 | (30 Yeas, 0 Nays) |
| SB 1092 | (30 Yeas, 0 Nays) |
| SB 1185 | (30 Yeas, 0 Nays) |
| SB 1207 | (30 Yeas, 0 Nays) |
| SB 1231 | (30 Yeas, 0 Nays) |
| SB 1233 | (30 Yeas, 0 Nays) |
| SB 1339 | (30 Yeas, 0 Nays) |
| SB 1391 | (30 Yeas, 0 Nays) |
| SB 1535 | (30 Yeas, 0 Nays) |
| SB 1613 | (30 Yeas, 0 Nays) |
| SB 1624 | (30 Yeas, 0 Nays) |
| SB 1658 | (30 Yeas, 0 Nays) |
| SB 1729 | (30 Yeas, 0 Nays) |
| SB 1788 | (30 Yeas, 0 Nays) |
| SB 1912 | (30 Yeas, 0 Nays) |
| SB 1942 | (30 Yeas, 0 Nays) |
| SB 1972 | (30 Yeas, 0 Nays) |
| SB 1984 | (30 Yeas, 0 Nays) |
| SB 2020 | (30 Yeas, 0 Nays) |
| SJR 65 | (30 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 11
Senate Conferees: Carona - Chair/Brimer/Hinojosa/Lucio/Seliger
SB 228
Senate Conferees: Harris - Chair/Hinojosa/Watson/Wentworth/Williams
SB 1266
Senate Conferees: Brimer - Chair/Carona/Harris/Watson/Williams
THE SENATE HAS GRANTED THE REQUEST OF THE HOUSE FOR THE APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING MEASURES:
HB 945
Senate Conferees: Hinojosa - Chair/Carona/Duncan/Janek/Lucio
HB 1521
Senate Conferees: Hegar - Chair/Brimer/Carona/Nichols/Zaffirini
6452 80th LEGISLATURE — REGULAR SESSION
HB 2034
Senate Conferees: Shapiro - Chair/Hinojosa/Nelson/Uresti/Williams
HB 3732
Senate Conferees: Averitt - Chair/Brimer/Nelson/Nichols/Shapleigh
| HB 88 | (30 Yeas, 0 Nays) |
THE SENATE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS:
| HB 930 | (30 Yeas, 0 Nays) |
| HB 1044 | (30 Yeas, 0 Nays) |
| HB 2004 | (30 Yeas, 0 Nays) |
| SB 222 | (30 Yeas, 0 Nays) |
| SB 763 | (30 Yeas, 0 Nays) |
| SB 1896 | (30 Yeas, 0 Nays) |
| SB 1993 | (30 Yeas, 0 Nays) |
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 3
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Friday, May 25, 2007 - 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 CONCURRED IN HOUSE AMENDMENTS TO THE FOLLOWING MEASURES:
| SB 131 | (30 Yeas, 0 Nays) |
| SB 282 | (30 Yeas, 0 Nays) |
| SB 617 | (30 Yeas, 0 Nays) |
| SB 662 | (30 Yeas, 0 Nays) |
| SB 766 | (30 Yeas, 0 Nays) |
| SB 968 | (30 Yeas, 0 Nays) |
| SB 1234 | (30 Yeas, 0 Nays) |
| SB 1245 | (30 Yeas, 0 Nays) |
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6453
| SB 1523 | (30 Yeas, 0 Nays) |
| SB 1566 | (30 Yeas, 0 Nays) |
| SB 1601 | (30 Yeas, 0 Nays) |
| SB 1640 | (30 Yeas, 0 Nays) |
| SB 1719 | (30 Yeas, 0 Nays) |
| SB 1724 | (30 Yeas, 0 Nays) |
| SB 2031 | (27 Yeas, 3 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 530
Senate Conferees: Nelson - Chair/Janek/Shapiro/Van de Putte/Watson
SB 758
Senate Conferees: Nelson - Chair/Deuell/Nichols/Shapiro/Uresti
SB 909
Senate Conferees: Whitmire - Chair/Brimer/Hinojosa/Seliger/Williams
SB 1436
Senate Conferees:
SB 1731
Senate Conferees: Duncan - Chair/Eltife/Janek/Lucio/Van de Putte
SB 1908
Senate Conferees: Ellis - Chair/Brimer/Duncan/Wentworth/West, Royce
SB 1951
Senate Conferees: Wentworth - Chair/Duncan/Harris/Hinojosa/Ogden
THE SENATE HAS GRANTED THE REQUEST OF THE HOUSE FOR THE APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING MEASURES:
HB 126
Senate Conferees: Seliger - Chair/Deuell/Van de Putte/Whitmire/Williams
HB 1146
Senate Conferees: Janek - Chair/Duncan/Jackson, Mike/Seliger/Uresti
HB 1522
Senate Conferees: Williams - Chair/Ellis/Hinojosa/Nichols/Shapiro
HB 1638
Senate Conferees: Jackson, Mike - Chair/Brimer/Hegar/Janek/Williams
HB 2542
Senate Conferees: Estes - Chair/Hegar/Hinojosa/Jackson, Mike/Nichols
6454 80th LEGISLATURE — REGULAR SESSION
HB 2823
Senate Conferees: Patrick, Dan - Chair/Brimer/Carona/Jackson, Mike/Uresti
HB 3275
Senate Conferees: Hegar - Chair/Carona/Janek/Patrick, Dan/Williams
| SB 482 | (30 Yeas, 0 Nays) |
THE SENATE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS:
| SB 792 | (30 Yeas, 0 Nays) |
Respectfully,
Patsy Spaw
Secretary of the Senate
Message No. 4
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Friday, May 25, 2007 - 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 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 960
Senate Conferees: Shapleigh - Chair/Eltife/Shapiro/Uresti/Van de Putte
SB 1332
Senate Conferees: West, Royce - Chair/Brimer/Duncan/Ogden/Whitmire
THE SENATE HAS GRANTED THE REQUEST OF THE HOUSE FOR THE APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING MEASURES:
HB 568
Senate Conferees: Harris - Chair/Brimer/Carona/Watson/Wentworth
HB 1481
Senate Conferees: Uresti - Chair/Harris/Hinojosa/Watson/Wentworth
HB 1864
Senate Conferees: Hinojosa - Chair/Carona/Harris/Seliger/Watson
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6455
HB 2072
Senate Conferees: Zaffirini - Chair/Averitt/Brimer/Eltife/Hinojosa
HB 2093
Senate Conferees: Carona - Chair/Brimer/Nichols/Ogden/Watson
HB 2238
Senate Conferees: Shapiro - Chair/Carona/Janek/Van de Putte/Williams
HB 2814
Senate Conferees: Van de Putte - Chair/Janek/Ogden/Shapiro/Zaffirini
HB 2909
Senate Conferees: Ogden - Chair/Eltife/Lucio/Nichols/West, Royce
HB 3068
Senate Conferees: Zaffirini - Chair/Estes/Lucio/Seliger/Shapleigh
HB 4139
Senate Conferees: Deuell - Chair/Duncan/Hinojosa/Watson/Wentworth
THE SENATE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS:
| HB 2458 | (30 Yeas, 0 Nays) |
| SB 1520 | (30 Yeas, 0 Nays) |
| SB 1983 | (30 Yeas, 0 Nays) |
Respectfully,
Patsy Spaw
Secretary of the Senate
AAAAAAPPENDIXAAAAA
STANDING COMMITTEE REPORTS
Favorable reports have been filed by committees as follows:
May 24
Judiciary - HCRi225
ENGROSSED
May 24 - HCRi121, HCRi138, HCRi155
ENROLLED
May 24 - HBi47, HBi89, HBi142, HBi177, HBi261, HBi278, HBi309, HBi335, HBi343, HBi373, HBi412, HBi431, HBi432, HBi433, HBi455, HBi485, HBi487, HBi541, HBi567, HBi621, HBi831, HBi888, HBi916, HBi959, HBi964, HBi1034, HBi1121, HBi1158, HBi1166, HBi1183, HBi1212, HBi1241, HBi1254, HBi1275, HBi1297, HBi1352, HBi1370, HBi1374,
6456 80th LEGISLATURE — REGULAR SESSION
SIGNED BY THE GOVERNOR
May 24 - HBi34, HBi208, HBi233, HBi365, HBi518, HBi1602
Friday, May 25, 2007 HOUSE JOURNAL — 84th Day 6457