HOUSE JOURNAL

EIGHTIETH LEGISLATURE, REGULAR SESSION

PROCEEDINGS

EIGHTY-SEVENTH DAY — MONDAY, MAY 28, 2007

The house met at 2 p.m. and was called to order by the speaker.

The roll of the house was called and a quorum was announced present (Recordi1997).

Present — Mr. Speaker; Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chisum; Christian; Cohen; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; 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; Hamilton; 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.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno; Morrison; Mowery; Murphy; O'Day; 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; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.

Absent — Chavez; Coleman; Davis, Y.; Deshotel; Haggerty; Lucio; Miles; Naishtat; Noriega; Oliveira; Olivo; Talton; Thompson.

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).

The invocation was offered by Representative Goolsby, as follows:

Lord, thank you for this day as each day is truly precious in the eyes of those who serve you. We stand here today, asking for your guidance and wisdom to help us make the decisions and take the actions that help to improve the lives of those who sent us here to represent them in our system of government. Following your example, we seek to assist those in need who may not feel that they have a voice or the resources to help themselves. This is our duty, by the strength you have granted us.

Lord, we ask that you watch over your flock and ask that you deliver them safely from the clutches of conflict around the world. Ours is a life blessed by the protections afforded by those men and women who wear the military uniform, who give selflessly, that we may live a better life in peace at home. Please care for the families of those serving in our military forces who play an important role in sustaining the blessed life we enjoy. We keep them in our prayers and thoughts each and every day.

The speaker recognized Representative Goolsby who led the house in the pledges of allegiance to the United States and Texas flags.

(Chavez, Olivo, and Talton now present)

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 Nos. 49 and 50 and Senate List No. 53).

(Haggerty now present)

HCR 282 - ADOPTED
(by Solomons)

The following privileged resolution was laid before the house:

HCR 282

WHEREAS, HB 472 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and

WHEREAS, The bill contains a technical error that should be corrected; now, therefore, be it

RESOLVED by the 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 1.20 of ARTICLE 1 of the bill, as amended by Senate Floor Amendment No. 1, in added Section 4151.254(b)(1)(B), Insurance Code, strike "under Section 4151.252" and substitute "under Section 4151.253".

HCRi282 was adopted.

HCR 284 - ADOPTED
(by Hancock)

The following privileged resolution was laid before the house:

HCR 284

WHEREAS, HB 2563 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and

WHEREAS, The bill contains technical 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:

7062 80th LEGISLATURE — REGULAR SESSION

(1) In SECTION 4 of the senate committee printing, in redesignated and amended Section 11.1513, Education Code, strike added Subsection (i).

(2) In SECTION 4 of the senate committee printing, in redesignated and amended Section 11.1513(j), Education Code, strike "(j)" and substitute "(i)".

HCRi284 was adopted.

HCR 283 - ADOPTED
(by Hochberg)

The following privileged resolution was laid before the house:

HCR 283

WHEREAS, HB 2605 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and

WHEREAS, The bill contains technical 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 1 of the bill, in added Section 81.003, Alcoholic Beverage Code, as amended by Senate Floor Amendment No. 1, strike "representing the district".

HCRi283 was adopted.

HCR 285 - ADOPTED
(by Eissler)

The following privileged resolution was laid before the house:

HCR 285

WHEREAS, SB 1031 has been adopted by the house of representatives and the senate and is being prepared for enrollment; and

WHEREAS, The bill contains technical 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 senate be instructed to make the following corrections:

(1) In SECTION 11 of the conference committee report, in added Section 39.0261, Education Code, immediately following added Subsection (e), insert the following:

(f) The provisions of this section apply only if the legislature appropriates funds for purposes of this section.

(2) In SECTION 11 of the conference committee report, in the heading to added Section 39.0262, Education Code, strike "LOCAL" and substitute "DISTRICT-REQUIRED".

(3) In SECTION 11 of the conference committee report, in added Section 39.0262(a), Education Code, strike "local" and substitute "district-required".

HCRi285 was adopted.

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7063

HCR 274 - ADOPTED
(by Coleman)

The following privileged resolution was laid before the house:

HCR 274

WHEREAS, HB 4091 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:

(1) In Section 2 of the bill, in amended Section 3843.053(a), Special District Local Laws Code (senate committee printing page 1, line 27), strike "Brad Negar" and substitute "Brad Nagar".

HCRi274 was adopted.

HCR 288 - ADOPTED
(by Taylor)

The following privileged resolution was laid before the house:

HCR 288

WHEREAS, HB 1977 has been adopted by the house of representatives and the senate and has been enrolled; and

WHEREAS, The bill contains a technical error that should be corrected; now, therefore, be it

RESOLVED, That the action of the speaker of the house of representatives and the president of the senate in signing HB 1977 be declared null and void and the signatures of the presiding officers be removed from the bill; and, be it further

RESOLVED by the 80th Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to re-enroll the bill after making the following correction:

In the SECTION of the bill adding Section 1506.2523, Insurance Code, in Subsection (b)(3) of that section, strike "Section 1506.002(b)" and substitute "Sections 1506.002(b), (c), and (d)".

HCRi288 was adopted.

HCR 286 - ADOPTED
(by Hilderbran)

The following privileged resolution was laid before the house:

HCR 286

WHEREAS, HB 12 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

7064 80th LEGISLATURE — REGULAR SESSION

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:

Strike SECTION 45 and 46 of the bill and renumber subsequent SECTIONS of the bill accordingly.

HCRi286 was adopted.

(Lucio now present)

HR 2912 - ADOPTED
(by Hilderbran)

Representative Hilderbran moved to suspend Rule 8, Section 13 to take up and consider at this time HRi2912.

The motion prevailed.

The following privileged resolution was laid before the house:

HR 2912

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 12, relating to parks, wildlife, hunting, and historic sites, the funding, powers, and duties of the Parks and Wildlife Department, the Parks and Wildlife Commission, and the Texas Historical Commission, and standards for certain state law enforcement officers, and providing a criminal penalty, to consider and take action on the following matters:

(1) House Rule 13, Section 9, is suspended to permit the committee to add Section 614.152(a), Government Code, to read as follows:

(a) Out of appropriated funds, each law enforcement agency shall adopt physical fitness standards that a law enforcement officer must meet to continue employment with the agency as a law enforcement officer. The standards as applied to an officer must directly relate to the officer's job duties. A law enforcement agency shall use the services of a consultant to aid the agency in developing the standards.

Explanation: The change is necessary to require a law enforcement agency to use the services of a consultant to aid the agency in developing the standards.

(2) House Rule 13, Section 9, is suspended to permit the committee to amend Section 12.013, Parks and Wildlife Code, to read as follows:

Sec. 12.013. POWER TO TAKE WILDLIFE; FISH. (a) An employee of the department acting within the scope of the employee's authority may possess, take, transport, release, and manage any of the wildlife and fish in this state for investigation, propagation, distribution, education, disease diagnosis or prevention, or scientific purposes.

(b) A person who is not an employee of the department who is participating under the supervision of a department employee in a program or event designated by the director as being conducted for research or species propagation and as

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7065

Explanation: The change is necessary to allow certain persons participating in a state program or event related to fish to possess, take, transport, or release any fish to accomplish the intent of the program or event.

(3) House Rule 13, Section 9, is suspended to permit the committee to amend Section 13.015, Parks and Wildlife Code, by amending Subsection (b) and adding Subsections (a-1), (a-2), (b-1), (b-2), and (b-3) to read as follows:

(a-1) The commission may waive the park entrance fee for a person who is at least 70 years of age. The commission may not waive the fee for use of a park facility, including a hook-up fee for electricity or water.

(a-2) The department may promote visits and enhance revenue at parks, including amounts necessary for salaries, advertising, consumable supplies and materials, promotional products, fees, and related expenses.

(b) The department may operate or grant contracts to operate concessions in state parks or on causeways, beach drives, or other improvements in connection with state park sites. The department may make regulations governing the granting or operating of concessions. The department may establish and operate staff concessions, including salaries, consumable supplies and materials, operating expenses, rental and other equipment, and other capital outlays.

(b-1) The department may purchase products, including food items, for resale or rental at a profit.

(b-2) The department shall operate any resale concession program using standard business practice models to generate revenue and provide quality customer service while adhering to conservation principles.

(b-3) The department may recruit and select private service providers to enter into leased concession contracts with the department to provide necessary and appropriate visitor services.

Explanation: The change is necessary to expand and clarify the Parks and Wildlife Department's authority relating to concessions and admissions at state parks and other facilities operated and maintained by the department.

(4) House Rule 13, Section 9, is suspended to permit the committee to add Subchapter G, Chapter 31, Parks and Wildlife Code, to read as follows:

SUBCHAPTER G. PARTY BOATS

Sec. 31.171. DEFINITIONS. In this subchapter:

(1) "Licensed party boat operator" means a person issued a license by the department under this subchapter.

(2) "Party boat" means a vessel:

(A) operated by the owner of the vessel or an employee of the owner; and

(B) rented or leased by the owner for a group recreational event for more than six passengers.

Sec. 31.172. APPLICABILITY; EXCEPTION. (a) This subchapter applies only to a party boat that operates on the inland waters of this state.

7066 80th LEGISLATURE — REGULAR SESSION

(b) This subchapter does not apply to a boat that is less than 30 feet in length or to a sailboat.

Sec. 31.173. PARTY BOAT OPERATOR AND STAFF. (a) Except as provided by Subsection (c), the party boat owner shall provide staff members, including a licensed party boat operator, who:

(1) operate and staff the party boat for the duration of a rental or lease for a group recreational event as follows:

(A) for a boat with not more than 25 passengers, one staff member who is an operator;

(B) for a boat with at least 26 but not more than 50 passengers, two staff members, including one operator; and

(C) for a boat with more than 50 passengers, three staff members, including one operator; and

(2) have each successfully completed a boater safety course approved under this chapter.

(b) At least one staff member on the boat must be certified to conduct cardiopulmonary resuscitation.

(c) This section does not apply to a party boat rented or leased for an overnight or longer period for which the owner, or the owner's staff, does not intend to remain in constant possession, command, and control of the party boat.

Sec. 31.174. BOAT REQUIREMENTS. A party boat:

(1) may not carry more than the maximum number of passengers the boat may safely accommodate as determined by the department on inspection;

(2) must have a direct and reliable communication connection to the land-based office of the owner and law enforcement and emergency services by cellular telephone or very high frequency radio; and

(3) must pass an annual water safety inspection conducted by the department or a person under contract with the department.

Sec. 31.175. PASSENGER SAFETY INFORMATION; INSURANCE. (a) The owner of a party boat shall provide each passenger with written and verbal safety information and require each passenger to sign a form acknowledging that the passenger reviewed and understands the information.

(b) The verbal and written safety information must disclose that no lifeguard is present on the party boat if there is not at least one staff member on the boat who is certified as a lifeguard by the American Red Cross, the American Lifeguard Association, or another comparable nationally recognized organization.

(c) The owner of a party boat must obtain at least a minimum amount of liability insurance from an insurer licensed to do business in this state. The commission shall set the amount.

Sec. 31.176. PARTY BOAT OPERATOR LICENSE. (a) The commission by rule shall establish, as necessary to protect the public health and safety, the requirements and procedures for the issuance and renewal of a party boat operator license under this subchapter.

(b) Except as provided by Subsection (c), the rules for obtaining a license as a party boat operator must require at a minimum that the applicant:

(1) be at least 21 years of age;

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7067

(2) observe for at least four hours a licensed party boat operator operating a party boat on open water;

(3) operate for at least four hours a party boat on open water while being supervised and observed by a licensed party boat operator; and

(4) pass a written examination covering onboard safety procedures and the applicable provisions of this chapter.

(c) An applicant is not required to comply with Subsections (b)(2) and (3) if the applicant has:

(1) at least 25 hours of experience operating a party boat as shown by appropriate documentation; and

(2) no record of boating violations.

Sec. 31.177. FEES. (a) The commission by rule shall establish and collect a reasonable fee for:

(1) the issuance of a party boat operator license under this subchapter; and

(2) the annual water safety inspection of a party boat required by this subchapter.

(b) A fee collected by the department under this subchapter and any interest that accrues on the fee shall be deposited to the credit of the game, fish, and water safety account established under Section 11.032..

Sec. 31.178. DRUG AND ALCOHOL TESTING. If a party boat is involved in an accident causing serious personal injury or death, each staff member on board is subject to mandatory drug and alcohol testing

Sec. 31.179. ENFORCEMENT. (a) In addition to a game warden, any peace officer of a municipality or other political subdivision of this state who is certified as a marine safety enforcement officer under Section 31.121 may enforce this subchapter:

(1) in the area of a navigable body of water that is in the jurisdiction of the municipality or other political subdivision; or

(2) in any part of a lake that is partly or wholly inside the boundaries of:

(A) the municipality or its extraterritorial jurisdiction; or

(B) the political subdivision.

(b) A party boat is subject to enforcement inspections conducted under Section 31.124.

Sec. 31.180. RULES. The commission shall adopt and enforce rules necessary to implement this subchapter.

(b) Not later than January 1, 2008, the Parks and Wildlife Commission shall adopt rules to implement Subchapter G, Chapter 31, Parks and Wildlife Code, as added by this Act.

(c) Subchapter G, Chapter 31, Parks and Wildlife Code, as added by this Act, applies only to the rental or lease of a party boat on the public water of this state for a group recreational event held on or after June 1, 2008.

Explanation: This change is necessary to regulate the operation and safety of certain party boats through a fee, license, and other requirements administered by the Parks and Wildlife Department.

7068 80th LEGISLATURE — REGULAR SESSION

(5) House Rule 13, Section 9, is suspended to permit the committee to amend Sections 43.402(a) and (b), Parks and Wildlife Code, to read as follows:

(a) Except as provided by Subsection (b) or (c) of this section, no person may engage in fishing in saltwater for sporting purposes in this state, or unload in this state fish or other aquatic life taken for sporting purposes from waters managed by the Gulf of Mexico Fishery Management Council established under the Fishery Conservation and Management Act of 1976 (16 U.S.C. Section 1801 et seq.), unless the person has acquired a saltwater sportfishing stamp endorsement issued to the person by the department. The commission by rule may prescribe requirements relating to possessing a stamp endorsement required by this subchapter.

(b) A person who is exempted from obtaining a fishing license under Chapter 46 [of this code] is not required to obtain a saltwater sportfishing stamp endorsement.

Explanation: The change is necessary to prohibit certain persons from unloading fish or other aquatic life taken for sporting purposes from waters managed by the Gulf of Mexico Fishery Management Council.

(6) House Rule 13, Section 9, is suspended to permit the committee to amend Chapter 43, Parks and Wildlife Code, by adding Subchapter V, and to add SECTION 57 to the bill, to read as follows:

SUBCHAPTER V. NONINDIGENOUS SNAKE PERMIT

Sec. 43.851. PERMIT. (a) The commission by rule shall establish permits that allow permit holders to possess or transport in this state a live nonindigenous:

(1) venomous snake; or

(2) constrictor that is one of the following:

(A) African rock python, Python sebae;

(B) Asiatic rock python, Python molurus;

(C) green anaconda, Eunectes murinus;

(D) reticulated python, Python reticulatus; or

(E) southern African python, Python natalensis.

(b) The commission shall establish separate permits for recreational and commercial purposes.

(c) A permit under this subchapter is not required for:

(1) a state or county official performing an official duty;

(2) a licensed zoo that possesses or transports a snake for exhibition or scientific purposes;

(3) a research facility, including a university, licensed under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) that possesses or transports a snake for scientific purposes; or

(4) a person who assists a department employee in the handling or transport of a snake under this subchapter.

(d) Except as provided by Subsection (c), a person may not possess or transport in this state a snake described by Subsection (a) without a permit issued by the department under this subchapter.

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7069

(e) A person convicted of a violation of this subchapter or a rule adopted under this subchapter may not obtain a permit before the fifth anniversary of the date of the conviction.

Sec. 43.852. INSPECTION OF PERMIT AND RECORDS. An authorized department employee may inspect at any time and without a warrant a permit or any records required by this subchapter.

Sec. 43.853. RELEASE FROM CAPTIVITY. A person may not intentionally, knowingly, recklessly, or with criminal negligence release or allow the release from captivity of a snake covered by this subchapter.

Sec. 43.854. SEIZURE OF CONTRABAND; FINANCIAL RESPONSIBILITY. (a) The department may arrange for the seizure and removal of a snake covered by this subchapter from a person who possesses the snake without the required permit. The person is responsible for any costs incurred by the department in the seizure, removal, and disposition of the snake.

(b) A department employee is not required to handle, remove, or dispose of the snake.

(c) The department may contract with a person who has knowledge of or expertise in the handling of a snake covered by this subchapter to assist the department in the handling, removal, and disposition of the snake.

(d) The department, including an enforcement officer of the department, who acts under this section is not liable in a civil action for the seizure, sale, donation, or other disposition of the snake.

Sec. 43.855. RULES. The commission may adopt rules to implement this subchapter, including rules to govern:

(1) the possession or transport of a snake covered by this subchapter;

(2) permit application forms, fees, and procedures;

(3) the release of the snake;

(4) reports that the department may require a permit holder to submit to the department; and

(5) other matters the commission considers necessary.

Sec. 43.856. OFFENSE. (a) Except as provided by Subsection (c), a person who violates this subchapter or a rule adopted under this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

(b) A person who violates Section 43.853 or a rule adopted to implement Section 43.853 commits an offense that is a Class A Parks and Wildlife Code misdemeanor.

SECTION 57. (a) The Parks and Wildlife Commission shall adopt the rules necessary under Subchapter V, Chapter 43, Parks and Wildlife Code, as added by this Act, not later than April 1, 2008.

(b) The Parks and Wildlife Department shall begin issuing permits under Subchapter V, Chapter 43, Parks and Wildlife Code, as added by this Act, not later than April 1, 2008.

Explanation: The change is necessary to regulate the possession of certain nonindigeneous snakes and constrictors in this state, through the issuance of permits, the adoption of rules, the imposition of criminal offenses, and certain other measures.

7070 80th LEGISLATURE — REGULAR SESSION

(7) House Rule 13, Section 9, is suspended to permit the committee to amend Section 46.001, Parks and Wildlife Code, to read as follows:

Sec. 46.001. PROHIBITED ACTS. No person may fish in the public water of this state, or unload in this state fish or other aquatic life taken for sporting purposes from waters managed by the Gulf of Mexico Fishery Management Council established under the Fishery Conservation and Management Act of 1976 (16 U.S.C. Section 1801 et seq.), unless he has acquired a fishing license issued under this subchapter, except as provided by Sections 46.0012 and 46.002 [of this code]. The commission by rule may prescribe requirements relating to possessing a license required by this subchapter.

Explanation: The change is necessary to prohibit certain persons from unloading fish or other aquatic life taken for sporting purposes from waters managed by the Gulf of Mexico Fishery Management Council.

(8) House Rule 13, Section 9, is suspended to permit the committee to amend Section 62.001, Parks and Wildlife Code, by adding Subdivision (3) to read as follows:

(3) "Public road or right-of-way" means a public street, alley, road, right-of-way, or other public way, including a berm, ditch, or shoulder.

Explanation: The change is necessary to define "public road or right-of-way."

(9) House Rule 13, Section 9, is suspended to permit the committee to amend Subchapter A, Chapter 62, Parks and Wildlife Code, by adding Section 62.0031 to read as follows:

Sec. 62.0031. HUNTING FROM PUBLIC ROAD OR RIGHT-OF-WAY PROHIBITED. (a) Except as provided by Subsection (b), a person may not hunt a wild animal or bird when the person is on a public road or right-of-way.

(b) This section does not apply to the trapping of a raptor for educational or sporting purposes as provided by Chapter 49.

Explanation: The change is necessary to prohibit certain persons from hunting a wild animal or bird when the person is on a public road or right-of-way.

(10) House Rule 13, Section 9, is suspended to permit the committee to amend the heading to Chapter 284, Parks and Wildlife Code, and amend Section 284.001, Parks and Wildlife Code, by amending Subsections (b) and (d) and adding Subsection (f) to read as follows:

CHAPTER 284. DIMMIT, EDWARDS, FRIO, IRION, KENEDY, KIMBLE, LLANO, MASON, MAVERICK, REAL, UVALDE, AND ZAVALA COUNTIES

(b) This section applies only to a navigable river or stream located wholly or partly in Dimmit, Edwards, Frio, Irion, Kenedy, Kimble, Llano, Mason, Maverick, Real, Uvalde, or Zavala County.

(d) This section does not apply to:

(1) an individual acting in the scope of the individual's duties as a peace officer or department employee; [or]

(2) the discharge of a shotgun loaded with ammunition that releases only shot when discharged, except as provided by Subsection (f); or

(3) bow fishing.

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7071

(f) In Dimmit, Uvalde, or Zavala County, a person may discharge a shotgun loaded with ammunition that releases only shot when discharged only if the person is hunting:

(1) migratory birds, as defined by Section 34.021; or

(2) game animals, as defined by Section 63.001, except mule deer, white-tailed deer, or antelope.

Explanation: This change is necessary to regulate certain types of hunting in the counties of Irion, Kimble, Mason, Dimmit, Uvalde, and Zavala.

(11) Senate Rules 12.03(1) and (3) are suspended to permit the committee to amend Section 151.801, Tax Code, by amending Subsection (c) and adding Subsection (c-1) to read as follows:

(c) Subject to Subsection (c-1), the [The] proceeds from the collection of the taxes imposed by this chapter on the sale, storage, or use of sporting goods shall be deposited as follows:

(1) an amount equal to 94 percent of the proceeds [For the period beginning September 1, 1993, and ending August 31, 1995, an amount equal to 50 cents per 1,000 cigarettes shall be deposited to the credit of the general revenue fund, state parks account, and an amount equal to 50 cents per 1,000 cigarettes shall be deposited to the credit of the general revenue fund, Texas recreation and parks account, and the balance shall be retained in the general revenue fund.

[(2) Beginning September 1, 1995, the taxes collected] shall be credited to the Parks and Wildlife Department and deposited as specified in the Parks and Wildlife Code; and

(2) an amount equal to six percent of the proceeds shall be credited to the Texas Historical Commission and deposited as specified in Section 442.073, Government Code. [The comptroller shall not credit in excess of $32 million in sporting goods tax revenue annually to the Parks and Wildlife Department.]

(c-1) The comptroller may not credit to the Parks and Wildlife Department or the Texas Historical Commission any amounts under this section that are in excess of the amounts appropriated to the department or commission for that biennium, less any other amounts to which the department or commission is entitled.

Explanation: This change is necessary to clarify that the comptroller may not credit to the Parks and Wildlife Department or the Texas Historical Commission more than the amount appropriated to the department or commission, less certain other amounts.

(12) House Rule 13, Section 9, is suspended to permit the committee to add SECTION 53 to read as follows:

SECTION 53. (a) In this section, "historic site" means a historic site or park listed under Section 442.072, Government Code, as added by this Act.

(b) On or after January 1, 2008, as provided by this section, the following are transferred to the Texas Historical Commission:

(1) each historic site and all obligations and liabilities of the Parks and Wildlife Department relating to the site;

7072 80th LEGISLATURE — REGULAR SESSION

(2) all unobligated and unexpended funds appropriated to the Parks and Wildlife Department designated for the administration of each site;

(3) all equipment and property of the Parks and Wildlife Department used for the administration of or related to each site; and

(4) all files and other records of the Parks and Wildlife Department kept by the department regarding each site.

(c) A rule adopted by the Parks and Wildlife Commission that is in effect immediately before January 1, 2008, and that relates to a historic site is, on January 1, 2008, a rule of the Texas Historical Commission and remains in effect until amended or repealed by the Texas Historical Commission. A rule that applies to both a transferred site and park that is not transferred is a rule of both commissions and applies to the transferred site until amended or repealed by the Texas Historical Commission.

(d) A transfer under this Act does not diminish or impair the rights of a holder of an outstanding bond or other obligation issued by the Parks and Wildlife Department in relation to the support of a historic site.

(e) On January 1, 2008, a reference in the Parks and Wildlife Code or other law to a power, duty, obligation, or liability of the Parks and Wildlife Department or the Parks and Wildlife Commission that relates to a historic site is a reference to the Texas Historical Commission. The Texas Historical Commission is the successor agency to the Parks and Wildlife Department and the Parks and Wildlife Commission for the site.

(f) The Texas Historical Commission shall prepare a base operating plan for each historic site before the transfer of any site or associated artifact or archival materials from the Parks and Wildlife Department to the commission. The base operating plan for each site must be completed on or before January 1, 2008. The base operating plan for each site must include:

(1) a mission statement outlining the goals for the site;

(2) an interpretive plan showing how the mission is to be accomplished;

(3) an operational plan, including:

(A) facilities, documents, records, and other assets to be transferred;

(B) parties responsible for daily site management, including staff that will be transferred;

(C) off-site support structure;

(D) plans for artifact and archival curation;

(E) signed memoranda of understanding or memoranda of agreement with appropriate friends groups and volunteer organizations; and

(F) emergency plans;

(4) a maintenance plan, including maintenance and repair needs;

(5) a marketing plan;

(6) a business plan, including revenue and visitation goals;

(7) a plan for compliance with:

(A) Chapter 191, Natural Resources Code (the Antiquities Code of Texas); and

(B) the National Historic Preservation Act (16 U.S.C. Section 470 et seq.); and

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(8) fiscal plans and budgets associated with Subdivisions (1) through (7) of this subsection.

(g) Not later than September 1, 2007, the chair of the House Committee on Culture, Recreation, and Tourism shall appoint from that committee an interim study subcommittee to review the base operating plan described by Subsection (f) of this section. The interim subcommittee shall obtain feedback and information from professionals familiar with the work of the Parks and Wildlife Department, the Texas Historical Commission, the National Park Service, the Council of Texas Archeologists, professional archivists, park managers, and the tourism industry. Not later than September 1, 2008, the interim study subcommittee shall report to the House Committee on Culture, Recreation, and Tourism on the results of the study conducted under this subsection.

(h) Until a historic site is transferred to the Texas Historical Commission in accordance with this Act, the Parks and Wildlife Department shall continue to operate and maintain the site under applicable law as it existed on January 1, 2007.

(i) The Parks and Wildlife Department and the Texas Historical Commission shall keep the House Committee on Culture, Recreation, and Tourism, the subcommittee on Agriculture, Rural Affairs and Coastal Resources, and the Senate and House members in whose district, a historic site is being transferred, informed of the progress of the transfer of each historic site under this Act.

(j) An employee of the Parks and Wildlife Department whose job responsibilities are more than 50 percent related to a historic site transferred to the Texas Historical Commission under this Act becomes an employee of the Texas Historical Commission on the date of the transfer of that site. An employee whose job is transferred may not be dismissed after the transfer except for cause before the first anniversary of the date of the transfer.

Explanation: This change is necessary to provide for the transfer of certain historic sites to the Texas Historical Commission, require the commission to adopt base operating plans for the sites, and establish an interim study subcommittee to review the base operating plans.

(13) House Rule 13, Section 9, is suspended to permit the committee to add SECTION 56 to read as follows:

SECTION 56. (a) The House Committee on Culture, Recreation, and Tourism shall conduct a study to determine whether this state should permit the possession of nonindigenous venomous snakes and nonindigenous constrictors as provided by Subchapter V, Chapter 43, Parks and Wildlife Code, as added by this Act.

(b) The study must include:

(1) a comparison of laws regulating nonindigenous snakes in other states;

(2) alternative methods of regulating the possession of nonindigenous snakes;

(3) the economic, environmental, and other effects of allowing nonindigenous snakes to be held in the state, including:

7074 80th LEGISLATURE — REGULAR SESSION

(A) the potential to harbor and spread diseases or parasites, or other adverse effects; and

(B) the economic and other benefits to this state that may be obtained by regulating the trade in nonindigenous snakes; and

(4) other related matters the committee finds useful.

(c) Not later than November 1, 2008, the committee shall report its findings to the governor, the executive directors of the Parks and Wildlife Department and the Department of Agriculture, and each member of the committee.

Explanation: This change is necessary to require a study to determine whether this state should permit the possession of nonindigenous venomous snakes and nonindigenous constrictors.

(14) House Rule 13, Section 9, is suspended to permit the committee to add SECTION 58 to read as follows:

SECTION 58. (a) The joint legislative task force on the use of the sales tax on sporting goods is composed of eight members, as follows:

(1) two members of the House Culture, Recreation and Tourism Committee, one being the chair of the committee and one appointed by the speaker of the house of representatives;

(2) two members, each of whom must be a member of the House Appropriations Committee or House Ways and Means Committee, as appointed by the speaker of the house representatives;

(3) two members of the Senate Committee on Natural Resources, one being the chair of the committee and one appointed by the lieutenant governor; and

(4) two members of the Senate Committee on Finance, appointed by the lieutenant governor.

(b) The speaker of the house of representatives shall designate the chair of the House Committee on Culture, Recreation and Tourism to serve as a joint presiding officer of the task force, and the lieutenant governor shall designate another task force member to serve as the other joint presiding officer.

(c) The task force meets at the call of the joint presiding officers.

(d) The task force shall:

(1) review the items that are included in the definition of "sporting goods" under Section 151.801(e), Tax Code;

(2) determine the amount of sales tax revenue that must be generated from the sale of "sporting goods" to fund, at a minimum, the appropriations made by the 80th Legislature regarding state parks, local parks, historic sites, coastal management programs, and water planning;

(3) not later than December 15, 2008, prepare and present to the legislature a report that describes the findings of the task force and includes recommendations regarding the specific items that should be included in the definition of "sporting goods" under Section 151.801(e), Tax Code in order to more evenly match the revenue streams needed to cover ongoing appropriations (estimated to be $70 million per annum), net of the use of unexpended balances in 2008-2009 biennium, without creating large dedicated fund balances.

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(e) It is the intent of the 80th Legislature that Section 151.801(c-1), Tax Code, as added by this Act, be repealed on adoption of a statute implementing the recommendations of the task force.

Explanation: This change is necessary to require a task force to study the appropriate collection and distribution of the sporting goods sales tax.

(15) House Rule 13, Section 9, is suspended to permit the committee to add SECTION 59 to read as follows:

SECTION 59. If the Parks & Wildlife Department does not receive a grant of funds from the Department of Transportation, the Parks and Wildlife Department may spend no more than $50,000 to maintain a river-access point and picnic area in Zavala County that is adjacent to the Nueces River and United States Highway 83 intersection north of La Pryor, Texas. If the Parks and Wildlife Department receives a grant of funds from the Department of Transportation, the Parks and Wildlife Department may not spend money, other than money received under the grant, on maintenance described by this section.

Explanation: This change is necessary to administer the use of funds expended by the Parks and Wildlife Department for certain projects.

(16) House Rule 13, Section 9, is suspended to permit the committee to add SECTION 60 to read as follows:

SECTION 60. (a) The Parks and Wildlife Department shall conduct a study of ways to improve the efficiency and ease of use of the department's hunting and fishing license systems. The study must:

(1) evaluate the efficiency of the hunting and fishing license systems in effect on September 1, 2007;

(2) identify problems and suggest improvements to those systems; and

(3) identify ways to increase ease of use for individuals applying for a hunting or fishing license in this state.

(b) The Parks and Wildlife Department shall complete the study conducted under Subsection (a) of this section not later than July 1, 2008.

(c) Not later than October 1, 2008, the Parks and Wildlife Department shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the chair of each committee of the legislature that has primary oversight jurisdiction over the department a written report that summarizes the findings of the study conducted under Subsection (a) of this section.

Explanation: This change is necessary to require the Parks and Wildlife Department to study the department's fishing and license systems and report its findings to the legislature.

HRi2912 was adopted.

HB 12 - RULES SUSPENDED

Representative Hilderbran moved to suspend all necessary rules to consider the conference committee report on HB 12.

The motion prevailed.

7076 80th LEGISLATURE — REGULAR SESSION

HB 12 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Hilderbran submitted the following conference committee report on HBi12:

Austin, Texas, May 27, 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 HBi12 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.

HB 12, A bill to be entitled An Act relating to parks, wildlife, hunting, and historic sites; the funding, powers, and duties of the Parks and Wildlife Department, the Parks and Wildlife Commission, and the Texas Historical Commission; and standards for certain state law enforcement officers; providing a criminal penalty.

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

SECTIONi1.iiSections 442.002(b), (e), and (k), Government Code, are amended to read as follows:

(b)iiThe commission is composed of 17 members appointed by the governor with the advice and consent of the senate. [One member must be a professional archeologist, one must be a professional historian, and one must be a licensed architect who has expertise in historic preservation and architectural history. Fourteen members must be representatives of the general public.] A person may [is] not be [eligible for appointment as] a [public] member of the commission if the person or the person's spouse:

(1)iiowns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the commission or receiving money [funds] other than grant money [funds] from the commission; [or]

(2)iiuses 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; or

(3)iiis employed by or participates in the management of a business entity or other organization regulated by or receiving money other than grant money from the commission.

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(e)iiA member of the commission must be a citizen of this state who has demonstrated an interest in the preservation of the state's historical or archeological heritage. In making appointments to the commission, the governor shall[:

[(1)]iiseek to have each geographical section of the state represented as nearly as possible[; and

[(2)iiappoint at least two members from counties with a population of less than 50,000].

(k)iiThe Texas Historical Commission 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, 2019 [2007].

SECTIONi2.iiSection 442.0021, Government Code, is amended to read as follows:

Sec.i442.0021.iiCOMMISSION MEMBERS: TRAINING. (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 [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].

(b)iiThe [A] training program must [established under this section shall] provide the person with information [to the member] regarding:

(1)iithe [enabling] 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 [(2) the programs operated by the commission];

(4)iithe requirements of laws relating to open meetings, public information, administrative procedure, and conflicts of interest [(3) the role and functions of the commission]; and

(5)iiany applicable ethics policies adopted by the commission or the Texas Ethics Commission [(4) 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].

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(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.

SECTIONi3.iiSections 442.0022(a) and (b), Government Code, are amended to read as follows:

(a)iiIn 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 [An officer, employee, or paid consultant of a Texas trade association in the field of archeology or historic preservation 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].

(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 archeology or historic preservation; or

(2)iithe person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of archeology or historic preservation [A person who is the spouse of an officer, manager, or paid consultant of a Texas trade association in the field of archeology or historic preservation may not be a member of the commission and may not be an 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].

SECTIONi4.iiSection 442.004, Government Code, is amended by adding Subsection (b-1) to read as follows:

(b-1)iiThe executive director may not serve as a voting director on the board of directors of an affiliated nonprofit organization formed under Section 442.005(p).

SECTIONi5.iiSubchapter A, Chapter 442, Government Code, is amended by adding Sections 442.0051, 442.0052, and 442.0053 to read as follows:

Sec.i442.0051.iiFEES. The commission by rule may establish reasonable fees for commission purposes under this chapter, including an admission fee appropriate to a historic site under its jurisdiction.

Sec.i442.0052.iiVOLUNTEER SERVICES. (a) Except as provided by Subsection (b), the commission may use the services of volunteers to help carry out the duties and responsibilities of the commission.

(b)iiA volunteer may not enforce this code.

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Sec.i442.0053.iiELIGIBILITY CRITERIA FOR INCLUSION OF REAL PROPERTY IN STATE HISTORIC SITES SYSTEM. (a) The commission by rule shall adopt criteria for determining the eligibility of real property donated to the commission for inclusion in the historic sites system.

(b)iiThe commission may accept a donation of real property that satisfies the criteria adopted under Subsection (a).

(c)iiThe commission may renovate or restore donated real property, including improvements to the property, or construct new improvements on the donated real property as necessary and prudent.

SECTIONi6.iiSubchapter A, Chapter 442, Government Code, is amended by adding Section 442.0055 to read as follows:

Sec.i442.0055.iiAFFILIATED NONPROFIT ORGANIZATION; RULES; GUIDELINES. (a) The commission shall adopt rules governing the relationship between the commission and an affiliated nonprofit organization formed under Section 442.005(p), including rules that, at a minimum:

(1)iidefine the extent to which commission employees with regulatory responsibilities, including the executive director, may participate in activities that raise funds for an affiliated nonprofit organization, which may not include the direct solicitation of funds; and

(2)iidefine the relationship between commission employees and an affiliated nonprofit organization.

(b)iiThe commission shall establish guidelines for identifying and defining the administrative and financial support the commission may provide for an affiliated nonprofit organization formed under Section 442.005(p).

SECTIONi7.iiSection 442.006, Government Code, is amended by amending Subsection (b) and adding Subsection (h) to read as follows:

(b)iiThe commission shall:

(1)iidevelop statewide themes for the program related to the commission's preservation goals for the state;

(2)iiinstall markers recognizing districts, sites, individuals, events, structures, and objects significant in Texas or American history, architecture, archeology, or culture;

(3)ii[and shall] keep a register of those markers; and

(4)iiestablish a limit for the number of markers the commission awards annually.

(h)iiThe commission by rule shall establish guidelines for an application for, and the commission's review of the application for, a historical marker, monument, or medallion. The guidelines must include criteria for ranking the applications. The commission shall give priority to the markers, monuments, and medallions that relate to the statewide themes developed by the commission.

SECTIONi8.iiSections 442.009(a), (b), and (c), Government Code, are amended to read as follows:

(a)iiThe 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

7080 80th LEGISLATURE — REGULAR SESSION

(b)iiThe commission [by rule] shall make information available describing its procedures for complaint investigation and resolution [establish methods by which consumers and service 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 periodically notify the complaint parties of the status of the complaint until final disposition [keep information about each complaint filed with the commission. The information shall 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 agency took no action, an explanation of the reason the complaint was closed without action].

SECTIONi9.iiSection 442.015, Government Code, is amended by amending Subsections (a), (b), and (f) and adding Subsections (h), (i), (j), (k), and (l) to read as follows:

(a)iiNotwithstanding Sections 403.094 and 403.095, the Texas preservation trust fund account is a separate account in the general revenue fund. The account consists of transfers made to the account, loan repayments, grants and donations made for the purposes of this program, proceeds of sales, earnings [income earned] on [money in] the account, and any other money received under this section. Distributions from [Money in] the account may be used only for the purposes of this section and may not be used to pay operating expenses of the commission. Money allocated to the commission's historic preservation grant program shall be deposited to the credit of the account. Earnings [Income earned] on [money in] the account shall be deposited to the credit of the account.

(b)iiThe commission may use distributions from [money in] the Texas preservation trust fund account to provide financial assistance to public or private entities for the acquisition, survey, restoration, or preservation, or for planning and educational activities leading to the preservation, of historic property in the state that is listed in the National Register of Historic Places or designated as a State Archeological Landmark or Recorded Texas Historic Landmark, or that the commission determines is eligible for such listing or designation. The financial assistance may be in the amount and form and according to the terms that the commission by rule determines. The commission shall give priority to property the commission determines to be endangered by demolition, neglect, underuse, looting, vandalism, or other threat to the property. Gifts and grants [Money] deposited to the credit of the account specifically for any eligible projects may be used only for the type of projects specified. If such a specification is not made,

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7081

(f)iiThe advisory board shall recommend to the commission rules for administering Subsections (a)-(e) [this section].

(h)iiThe comptroller shall manage the assets of the account. In managing the assets of the account, the comptroller may acquire, exchange, sell, supervise, manage, or retain, through procedures and subject to restrictions the comptroller considers appropriate, any kind of investment that a prudent investor, exercising reasonable care, skill, and caution, would acquire or retain in light of the purposes, terms, distribution requirements, and other circumstances of the account then prevailing, taking into consideration the investment of all the assets of the account rather than a single investment.

(i)iiThe amount of a distribution shall be determined by the comptroller in a manner intended to provide a stable and predictable stream of annual distributions and to maintain over time the purchasing power of account investments and annual distributions from the account. If the purchasing power of account investments for any 10-year period is not preserved, the comptroller may not increase annual distributions from the account until the purchasing power of account investments is restored.

(j)iiAn annual distribution made by the comptroller from the account during a fiscal year may not exceed an amount equal to seven percent of the average net fair market value of the investment assets of the account as determined by the comptroller.

(k)iiThe expenses of managing account investments shall be paid from the account.

(l)iiOn request, the comptroller shall fully disclose all details concerning the investments of the account.

SECTIONi10.iiSubchapter A, Chapter 442, Government Code, is amended by adding Sections 442.022 and 442.023 to read as follows:

Sec.i442.022.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.i442.023.iiNEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE 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.

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(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.

SECTIONi11.iiChapter 442, Government Code, is amended by adding Subchapter C to read as follows:

SUBCHAPTER C. CERTAIN HISTORIC SITES

Sec.i442.071.iiDEFINITION. In this subchapter, "historic site" means a site or park listed under Section 442.072.

Sec.i442.072.iiJURISDICTION. (a) The following historic sites and parks formerly under the jurisdiction of the Parks and Wildlife Department are under the commission's jurisdiction:

(1)iiActon State Historic Site;

(2)iiCaddoan Mounds State Historic Site;

(3)iiCasa Navarro State Historic Site;

(4)iiConfederate Reunion Grounds State Historic Site;

(5)iiEisenhower Birthplace State Historic Site;

(6)iiFannin Battleground State Historic Site;

(7)iiFort Griffin State Historic Site;

(8)iiFort Lancaster State Historic Site;

(9)iiFort McKavett State Historic Site;

(10)iiFulton Mansion State Historic Site;

(11)iiLandmark Inn State Historic Site;

(12)iiLevi Jordan State Historic Site;

(13)iiMagoffin Home State Historic Site;

(14)iiSabine Pass Battleground State Historic Site;

(15)iiSam Bell Maxey House State Historic Site;

(16)iiSan Felipe State Historic Site;

(17)iiStarr Family Home State Historic Site;

(18)iiVarner-Hogg Plantation State Historic Site.

(b)iiThis subsection applies to a historic site that the state is required to operate in a particular manner or for a particular purpose, such as a site improved with federal money subject to federal restrictions on the purposes for which the improved site may be used or a site donated to the state subject to a reversion clause providing that the title reverts to the grantor when the site is not used for the purposes for which it was acquired. The commission has all powers necessary to operate the site in the required manner or for the required purpose.

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(c)iiThe commission may enter into an agreement with a nonprofit corporation, foundation, association, or other nonprofit entity for the expansion, renovation, management, operation, or financial support of a historic site.

Sec.i442.073.iiHISTORIC SITE ACCOUNT. (a) The historic site account is a separate account in the general revenue fund.

(b)iiThe account consists of:

(1)iicredits made to the commission under Section 151.801, Tax Code;

(2)iitransfers to the account;

(3)iiinterest earned on the account;

(4)iifees and other revenue from operation of a historic site; and

(5)iigrants and donations accepted under Section 442.074.

(c)iiA fee or other revenue generated at a historic site must be credited to the account.

(d)iiMoney in the account may be used only to administer, operate, preserve, repair, expand, or otherwise maintain a historic site or to acquire a historical item appropriate to a historic site.

(e)iiAny money in the account not used in a fiscal year remains in the account. The account is exempt from the application of Section 403.095.

Sec.i442.074.iiGRANTS; DONATIONS. (a) The commission may seek and accept grants and donations for a historic site from any appropriate source.

(b)iiMoney accepted under this section shall be deposited to the credit of the historic site account.

SECTIONi12.iiSection 442.019, Government Code, as added by Chapter 1259, Acts of the 79th Legislature, Regular Session, 2005, is transferred to Subchapter C, Chapter 442, Government Code, as added by this Act, renumbered as Section 442.075, Government Code, and amended to read as follows:

Sec. 442.075 [442.019]. TRANSFER OF HISTORIC [HISTORICAL] SITES FROM PARKS AND WILDLIFE. (a) Section 442.071 does not apply to this section.

(b)iiBy interagency agreement, a historic [historical] site under the jurisdiction of the Parks and Wildlife Department may be transferred to the commission.

(c)i[(b)]iiIf jurisdiction over a historic [historical] site is transferred under this section, all rights, powers, duties, obligations, functions, activities, property, and programs of the Parks and Wildlife Department relating to the [historical] site are transferred to the commission.

(d)i[(c)]iiOn or after the transfer of jurisdiction over a historic [historical] site, the commission may enter into an agreement with a nonprofit corporation, including the Admiral Nimitz Foundation, for the expansion, renovation, management, operation, or financial support of the site.

(e)iiThe legislature may adjust the percentages allocated to the commission and the Parks and Wildlife Department under Section 151.801(c), Tax Code, in future appropriations to reflect the transfer of a site under this section and the associated savings or costs to each agency.

SECTIONi13.iiChapter 614, Government Code, is amended by adding Subchapter H to read as follows:

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SUBCHAPTER H. STANDARDS FOR CERTAIN LAW ENFORCEMENT OFFICERS

Sec.i614.151.iiDEFINITIONS. In this subchapter:

(1)ii"Law enforcement agency" means the Department of Public Safety, Texas Alcoholic Beverage Commission, Texas Department of Criminal Justice, and Parks and Wildlife Department.

(2)ii"Law enforcement officer" means a person who:

(A)iiis a commissioned peace officer;

(B)iiis employed by a law enforcement agency; and

(C)iiis compensated according to:

(i)iiSchedule C of the position classification salary schedule prescribed by the General Appropriations Act if the person is employed by a law enforcement agency other than the Parks and Wildlife Department; or

(ii)iiSchedule B or C of the position classification salary schedule prescribed by the General Appropriations Act if the person is employed by the Parks and Wildlife Department.

Sec.i614.152.iiPHYSICAL FITNESS STANDARDS. (a) Out of appropriated funds, each law enforcement agency shall adopt physical fitness standards that a law enforcement officer must meet to continue employment with the agency as a law enforcement officer. The standards as applied to an officer must directly relate to the officer's job duties. A law enforcement agency shall use the services of a consultant to aid the agency in developing the standards.

(b)iiExcept as provided by Subsection (c), a violation of a standard adopted under Subsection (a) is just cause to discharge an officer or:

(1)iitransfer an officer to a position that is not compensated according to Schedule C of the position classification salary schedule prescribed by the General Appropriations Act; or

(2)iifor a law enforcement officer employed by the Parks and Wildlife Department and compensated according to Schedule B of the position classification salary schedule prescribed by the General Appropriations Act, transfer the officer to a position that does not require the employee to be a commissioned peace officer.

(c)iiA law enforcement agency may exempt a law enforcement officer from a standard under Subsection (a) based on the facts and circumstances of the individual case, including whether an officer was injured in the line of duty.

SECTIONi14.iiSection 651.004, Government Code, is amended by adding Subsection (f) to read as follows:

(f)iiThe Parks and Wildlife Department is not required to comply with management-to-staff ratio requirements of this section with respect to employees located in field-based operations.

SECTIONi15.iiSection 11.0262(a), Parks and Wildlife Code, is amended to read as follows:

(a)iiAn employee of the state parks division of the department may accept a gratuity if:

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7085

(1)iithe employee, as a primary job duty, serves food or beverages in a restaurant, cafeteria, or other food service establishment located within a state park and owned and operated by the department;

(2)iithe employee, as an auxiliary duty in performance of a regular duty renders a special customer service to an individual or group;

(3)iithe gratuity is offered by a customer:

(A)iiof the restaurant, cafeteria, [or other] food service establishment, or hospitality unit of the state parks division in appreciation of being served food or beverages by the employee; or

(B)iiof a hospitality unit of the state parks division, in appreciation of receiving some other customer service from the employee;

(4)i[(3)]iithe department has designated the employee as an employee authorized to accept a gratuity; and

(5)i[(4)]iithe employee reports the gratuity in accordance with commission rules.

SECTIONi16.iiSection 11.035(b), Parks and Wildlife Code, is amended to read as follows:

(b)iiThe department shall deposit to the credit of the state parks account all revenue, less allowable costs, received from the following sources:

(1)iigrants or operation of concessions in state parks or fishing piers;

(2)iipublications on state parks, state historic sites, or state scientific areas;

(3)iifines or penalties received from violations of regulations governing parks issued pursuant to Subchapter B, Chapter 13[, of this code];

(4)iifees and revenue collected under Section 11.027(b) or (c) [of this code] that are associated with state park lands;

(5)iian amount of money equal to 74 [$1,125,000 per month and 40] percent of the [amount above $27 million per year of] credits made to the department under Section 151.801, Tax Code; and

(6)iiany other source provided by law.

SECTIONi17.iiSection 11.043(b), Parks and Wildlife Code, is amended to read as follows:

(b)iiThe account consists of:

(1)iithe amount of credits made to the department under Section 151.801, Tax Code, after allocations to:

(A)iithe state parks account;

(B)iithe large county and municipality recreation and parks account; and

(C)iithe Texas recreation and parks account;

(2)ii[,] proceeds of revenue bonds issued under Section 13.0045; and

(3)iimoney from[, or] any other source authorized by law.

SECTIONi18.iiChapter 11, Parks and Wildlife Code, is amended by adding Subchapter K to read as follows:

SUBCHAPTER K. MANAGEMENT AND EFFICIENCY REVIEWS

Sec.i11.251.iiMAINTENANCE EQUIPMENT REVIEW SYSTEM. (a) In this section:

7086 80th LEGISLATURE — REGULAR SESSION

(1)ii"Maintenance equipment" means personal property owned by the department that is used to administer, operate, preserve, repair, expand, or otherwise maintain real property, including improvements and fixtures, owned or operated by the department.

(2)ii"Outdated equipment" means equipment:

(A)iithat has a fair market value that is less than the annual cost of maintaining the equipment in working order;

(B)iithat is not operational and cannot reasonably be made operational; or

(C)iithat no longer serves a department purpose.

(b)iiThe commission by rule shall establish an equipment review system through which the department annually determines whether any of the department's maintenance equipment has become outdated equipment since the last date the department conducted an equipment review under this section.

(c)iiThe equipment review system established under Subsection (b) must require the department to sell any outdated equipment in the manner and at the time specified by the commission by rule.

(d)iiThe department shall deposit proceeds from the sale of equipment under this section to the credit of the appropriate parks and wildlife account.

Sec.i11.252.iiMAINTENANCE PROVIDER REVIEW SYSTEM. (a) In this section "maintenance" includes the administration, operation, preservation, repair, and expansion of personal property owned by the department and real property owned or operated by the department.

(b)iiThe commission by rule shall establish a maintenance provider review system through which the department annually determines whether a maintenance task performed by the department could be performed by a third-party contractor in a manner that:

(1)iiis more cost-effective than the department's manner of performing the maintenance task; and

(2)iiyields a result that is equal to or greater than the quality of the result produced by the department performing the task.

(c)iiThe maintenance provider review system established under Subsection (b) must require the department to contract with a third party for the performance of any maintenance task performed by the department that could be performed by a third-party contractor in the manner that meets the criteria described by Subsection (b) after the department's cost of administering the contract is added to the cost of performance by the third party.

Sec.i11.253.iiMANAGEMENT PLAN AND PRIORITIES LIST. Not later than January 15 of each odd-numbered year the department shall submit to the governor, the speaker of the house of representatives, the lieutenant governor, and the chair of each house and senate standing committee having jurisdiction over a matter regulated by the department under this code a management plan to address the department's maintenance responsibilities under this subchapter and a priorities list that includes the following information:

(1)iia prioritized list of facilities operated by the department that are most in need of repair, renovation, expansion, or other maintenance;

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(2)iian itemized list explaining any additional funding requested by the department to accomplish a task described by Subdivision (1); and

(3)iithe results of the reviews conducted under Sections 11.251, 11.252, and 13.019(b).

SECTIONi19.iiSection 12.010, Parks and Wildlife Code, is amended to read as follows:

Sec.i12.010.iiNUISANCE OR NOXIOUS AQUATIC VEGETATION PROGRAM. (a) The department may implement a program to control or eradicate nuisance aquatic vegetation, including hydrilla and giant sylvania, from public water in this state.

(b)iiTo implement the program under this section, the department may use money from unclaimed refunds of the tax on fuel used in motorboats appropriated to the department under Section 162.502(c), Tax Code.

(c)iiThe department may contract with a person not employed by the department or use the services of department personnel for the control or eradication of nuisance or noxious vegetation in the water of this state.

SECTIONi19A.ii(a) Chapter 31, Parks and Wildlife Code, is amended by adding Subchapter G to read as follows:

SUBCHAPTER G. PARTY BOATS

Sec.i31.171.iiDEFINITIONS. In this subchapter:

(1)ii"Licensed party boat operator" means a person issued a license by the department under this subchapter.

(2)ii"Party boat" means a vessel:

(A)iioperated by the owner of the vessel or an employee of the owner; and

(B)iirented or leased by the owner for a group recreational event for more than six passengers.

Sec.i31.172.iiAPPLICABILITY; EXCEPTION. (a) This subchapter applies only to a party boat that operates on the inland waters of this state.

(b)iiThis subchapter does not apply to a boat that is less than 30 feet in length or to a sailboat.

Sec.i31.173.iiPARTY BOAT OPERATOR AND STAFF. (a) Except as provided by Subsection (c), the party boat owner shall provide staff members, including a licensed party boat operator, who:

(1)iioperate and staff the party boat for the duration of a rental or lease for a group recreational event as follows:

(A)iifor a boat with not more than 25 passengers, one staff member who is an operator;

(B)iifor a boat with at least 26 but not more than 50 passengers, two staff members, including one operator; and

(C)iifor a boat with more than 50 passengers, three staff members, including one operator; and

(2)iihave each successfully completed a boater safety course approved under this chapter.

(b)iiAt least one staff member on the boat must be certified to conduct cardiopulmonary resuscitation.

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(c)iiThis section does not apply to a party boat rented or leased for an overnight or longer period for which the owner, or the owner's staff, does not intend to remain in constant possession, command, and control of the party boat.

Sec.i31.174.iiBOAT REQUIREMENTS. A party boat:

(1)iimay not carry more than the maximum number of passengers the boat may safely accommodate as determined by the department on inspection;

(2)iimust have a direct and reliable communication connection to the land-based office of the owner and law enforcement and emergency services by cellular telephone or very high frequency radio; and

(3)iimust pass an annual water safety inspection conducted by the department or a person under contract with the department.

Sec.i31.175.iiPASSENGER SAFETY INFORMATION; INSURANCE. (a) The owner of a party boat shall provide each passenger with written and verbal safety information and require each passenger to sign a form acknowledging that the passenger reviewed and understands the information.

(b)iiThe verbal and written safety information must disclose that no lifeguard is present on the party boat if there is not at least one staff member on the boat who is certified as a lifeguard by the American Red Cross, the American Lifeguard Association, or another comparable nationally recognized organization.

(c)iiThe owner of a party boat must obtain at least a minimum amount of liability insurance from an insurer licensed to do business in this state. The commission shall set the amount.

Sec.i31.176.iiPARTY BOAT OPERATOR LICENSE. (a) The commission by rule shall establish, as necessary to protect the public health and safety, the requirements and procedures for the issuance and renewal of a party boat operator license under this subchapter.

(b)iiExcept as provided by Subsection (c), the rules for obtaining a license as a party boat operator must require at a minimum that the applicant:

(1)iibe at least 21 years of age;

(2)iiobserve for at least four hours a licensed party boat operator operating a party boat on open water;

(3)iioperate for at least four hours a party boat on open water while being supervised and observed by a licensed party boat operator; and

(4)iipass a written examination covering onboard safety procedures and the applicable provisions of this chapter.

(c)iiAn applicant is not required to comply with Subsections (b)(2) and (3) if the applicant has:

(1)iiat least 25 hours of experience operating a party boat as shown by appropriate documentation; and

(2)iino record of boating violations.

Sec.i31.177.iiFEES. (a) The commission by rule shall establish and collect a reasonable fee for:

(1)iithe issuance of a party boat operator license under this subchapter; and

(2)iithe annual water safety inspection of a party boat required by this subchapter.

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(b)iiA fee collected by the department under this subchapter and any interest that accrues on the fee shall be deposited to the credit of the game, fish, and water safety account established under Section 11.032.

Sec.i31.178.iiDRUG AND ALCOHOL TESTING. If a party boat is involved in an accident causing serious personal injury or death, each staff member on board is subject to mandatory drug and alcohol testing.

Sec.i31.179.iiENFORCEMENT. (a) In addition to a game warden, any peace officer of a municipality or other political subdivision of this state who is certified as a marine safety enforcement officer under Section 31.121 may enforce this subchapter:

(1)iiin the area of a navigable body of water that is in the jurisdiction of the municipality or other political subdivision; or

(2)iiin any part of a lake that is partly or wholly inside the boundaries of:

(A)iithe municipality or its extraterritorial jurisdiction; or

(B)iithe political subdivision.

(b)iiA party boat is subject to enforcement inspections conducted under Section 31.124.

Sec.i31.180.iiRULES. The commission shall adopt and enforce rules necessary to implement this subchapter.

(b)iiNot later than January 1, 2008, the Parks and Wildlife Commission shall adopt rules to implement Subchapter G, Chapter 31, Parks and Wildlife Code, as added by this Act.

(c)iiSubchapter G, Chapter 31, Parks and Wildlife Code, as added by this Act, applies only to the rental or lease of a party boat on the public water of this state for a group recreational event held on or after June 1, 2008.

SECTIONi20.iiSection 12.013, Parks and Wildlife Code, is amended to read as follows:

Sec.i12.013.iiPOWER TO TAKE WILDLIFE; FISH. (a) An employee of the department acting within the scope of the employee's authority may possess, take, transport, release, and manage any of the wildlife and fish in this state for investigation, propagation,

distribution, education, disease diagnosis or prevention, or scientific purposes.

(b)iiA person who is not an employee of the department who is participating under the supervision of a department employee in a program or event designated by the director as being conducted for research or species propagation and as exempt from the normally applicable size or bag limits may possess, take, transport, or release any fish in this state to accomplish the intent of the program or event.

SECTIONi21.iiSubchapter A, Chapter 13, Parks and Wildlife Code, is amended by adding Section 13.0044 to read as follows:

Sec.i13.0044.iiPREFERENCE FOR CERTAIN PARK PROGRAMS. In selecting parks for capital improvements, the department may give a preference to programs in which the department matches locally raised money on a dollar-for-dollar basis.

7090 80th LEGISLATURE — REGULAR SESSION

SECTIONi22.iiSection 13.0061(a), Parks and Wildlife Code, is amended to read as follows:

(a)iiThe department may lease grazing rights on any state park or any area of a state park. The department may harvest and sell, or sell in place, any timber, hay, livestock, or other product grown on state park land the department finds to be in excess of natural resource management, educational, or interpretive objectives [programming needs]. Timber may be harvested only for forest pest management, salvage, or habitat restoration and under good forestry practices with the advice of the Texas Forest Service.

SECTIONi23.iiSubchapter A, Chapter 13, Parks and Wildlife Code, is amended by adding Section 13.0075 to read as follows:

Sec.i13.0075.iiELIGIBILITY CRITERIA FOR INCLUSION OF REAL PROPERTY IN STATE PARKS SYSTEM. (a) The commission by rule shall adopt criteria for determining the eligibility of real property that is donated to the department for inclusion in the state parks system.

(b)iiThe department may accept a donation of real property that satisfies the criteria adopted under Subsection (a).

(c)iiThe department may renovate or restore donated real property, including improvements to the property, or construct new improvements on the donated real property as necessary and prudent.

SECTIONi24.iiSubchapter A, Chapter 13, Parks and Wildlife Code, is amended by adding Section 13.0145 to read as follows:

Sec.i13.0145.iiSPEED LIMITS. (a) The department shall set and enforce speed limits on a road in a state park, wildlife management area, or other site under the control of the department as follows:

(1)ii30 miles per hour on a park road or main drive;

(2)ii20 miles per hour on a secondary road; or

(3)iias posted by the department.

(b)iiThe department shall:

(1)iiconsult with the Texas Department of Transportation to determine if a speed limit under Subsection (a) is reasonable and safe based on an engineering and traffic control study; and

(2)iiamend the limit, if necessary.

SECTIONi25.iiSection 13.015, Parks and Wildlife Code, is amended by amending Subsection (b) and adding Subsections (a-1), (a-2), (b-1), (b-2), and (b-3) to read as follows:

(a-1)iiThe commission may waive the park entrance fee for a person who is at least 70 years of age. The commission may not waive the fee for use of a park facility, including a hook-up fee for electricity or water.

(a-2)iiThe department may promote visits and enhance revenue at parks, including amounts necessary for salaries, advertising, consumable supplies and materials, promotional products, fees, and related expenses.

(b)iiThe department may operate or grant contracts to operate concessions in state parks or on causeways, beach drives, or other improvements in connection with state park sites. The department may make regulations governing the

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(b-1)iiThe department may purchase products, including food items, for resale or rental at a profit.

(b-2)iiThe department shall operate any resale concession program using standard business practice models to generate revenue and provide quality customer service while adhering to conservation principles.

(b-3)iiThe department may recruit and select private service providers to enter into leased concession contracts with the department to provide necessary and appropriate visitor services.

SECTIONi26.iiSection 13.016, Parks and Wildlife Code, is amended to read as follows:

Sec.i13.016.iiINMATE [PRISON] LABOR. (a) The department may use the labor of an inmate confined in a state, county, or local correctional facility [trusty state convicts] on or in connection with state parks, wildlife management areas, or other property under the control or jurisdiction of the department.

(b)iiInmates [Convicts] working in connection with lands under the control or jurisdiction of the department remain under the control of the Texas Department of Criminal Justice or county or local correctional facility, as appropriate, and are considered as serving their terms in the Texas Department of Criminal Justice or other correctional facility [penitentiary].

(c)iiThe department may purchase equipment, meals, supplies, and materials for an inmate working at a department site as necessary to facilitate the use of the labor described by this section.

(d)iiThe department may not use the labor of an inmate convicted of an offense listed in Article 62.001(5), Code of Criminal Procedure.

(e)iiThe department may not use the labor of an inmate convicted of any violent offense.

SECTIONi27.iiSection 13.019, Parks and Wildlife Code, is amended to read as follows:

Sec.i13.019.iiFACILITY RESERVATION SYSTEM AND FEE. (a) The department may permit the advance reservation of a facility, lodging, or campsite at a state park and require the payment of a fee by a person making the reservation.

(b)iiThe department shall annually:

(1)iievaluate whether the reservation system used by the department for the advance reservation of facilities, lodging, and campsites is as user-friendly as possible; and

(2)iimake modifications to the system as necessary to enhance the user-friendliness of the reservation system.

SECTIONi28.iiSubchapter A, Chapter 13, Parks and Wildlife Code, is amended by adding Section 13.0191 to read as follows:

Sec.i13.0191.iiFACILITY AND LODGING FEES. A fee charged by the department under this subchapter for the use of a facility or lodging at a state park may vary on a seasonal basis and may be set in an amount to recover the direct

7092 80th LEGISLATURE — REGULAR SESSION

SECTIONi29.iiSection 22.023, Parks and Wildlife Code, is amended to read as follows:

Sec.i22.023.iiDISPOSITION OF INCOME. The department shall use the income derived from leases, royalties, and operation of the park necessary for maintaining, improving, and operating the park. The [One half of the balance of the] unexpended income at the end of the biennium shall be placed in the state treasury to the credit of the [may be used by the department on other] state parks account[, and the remaining one half and any other unexpended balance shall be transferred to the general revenue fund at the end of each biennium].

SECTIONi30.iiChapter 24, Parks and Wildlife Code, is amended by designating Sections 24.001 through 24.013 as Subchapter A and adding a heading for Subchapter A to read as follows:

SUBCHAPTER A. LOCAL PARKS FOR SMALLER COUNTIES AND

MUNICIPALITIES AND OTHER POLITICAL SUBDIVISIONS

SECTIONi31.iiSection 24.001, Parks and Wildlife Code, is amended to read as follows:

Sec.i24.001.iiDEFINITIONS. In this subchapter [chapter]:

(1)ii"Political subdivision" means a county, municipality [city], special district, river authority, or other governmental entity created under the authority of the state or a county or municipality [city].

(2)ii"Urban area" means the area within a standard metropolitan statistical area (SMSA) in this state used in the last preceding federal census.

(3)ii"Park" includes land and water parks owned or operated by the state or a political subdivision.

(4)ii"Open space area" means a land or water area for human use and enjoyment that is relatively free of man-made structures.

(5)ii"Natural area" means a site having valuable or vulnerable natural resources, ecological processes, or rare, threatened, or endangered species of vegetation or wildlife.

(6)ii"Parks, recreational, and open space area plan" means a comprehensive plan that includes information on and analyses of parks, recreational, and open space area objectives, needs, resources, environment, and uses, and that identifies the amounts, locations, characteristics, and potentialities of areas for adequate parks, recreational, and open space opportunities.

(7)ii"Federal rehabilitation and recovery grants" means matching grants made by the United States to or for political subdivisions for the purpose of rebuilding, remodeling, expanding, or developing existing outdoor or indoor parks, recreational, or open space areas and facilities, including improvements in park landscapes, buildings, and support facilities.

(8)ii"Account" means the Texas recreation and parks account.

(9)ii"Rural area" means any area not included in an urban area.

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(10)ii"Cultural resource site or area" means a site or area determined by the commission to have valuable and vulnerable cultural or historical resources.

(11)ii"Nonprofit corporation" means a nonpolitical legal entity incorporated under the laws of this state that has been granted an exemption from federal income tax under Section 501(c), Internal Revenue Code of 1986, as amended.

(12)ii"Underserved population" means any group of people that is low income, inner city, or rural as determined by the last census, or minority, physically or mentally challenged youth at risk, youth, or female.

SECTIONi32.iiSection 24.002, Parks and Wildlife Code, is amended to read as follows:

Sec.i24.002.iiTEXAS RECREATION AND PARKS ACCOUNT. The Texas recreation and parks account is a separate account in the general revenue fund. Money in the account may be used only as provided by this subchapter for grants to:

(1)iia county or municipality with a population of less than 500,000; or

(2)iiany other political subdivision that is not a county or municipality.

SECTIONi33.iiSection 24.003, Parks and Wildlife Code, is amended to read as follows:

Sec.i24.003.iiACCOUNT REVENUE SOURCE; REVENUE DEDICATION. The department shall deposit to the credit of the Texas recreation and parks account:

(1)iian amount of money equal to 15 [$1,125,000 per month and 40] percent of the [amount above $27 million per year of] credits made to the department under Section 151.801, Tax Code; and [or]

(2)iimoney from any other source authorized by law.

SECTIONi34.iiSection 24.005(e), Parks and Wildlife Code, is amended to read as follows:

(e)iiThe department may provide from the account for direct administrative costs of the programs described by this subchapter [chapter].

SECTIONi35.iiSection 24.008(a), Parks and Wildlife Code, is amended to read as follows:

(a)iiNo property may be acquired with grant money made under this subchapter [chapter] or by the department under this subchapter [chapter] if the purchase price exceeds the fair market value of the property as determined by one independent appraiser.

SECTIONi36.iiSection 24.009, Parks and Wildlife Code, is amended to read as follows:

Sec.i24.009.iiPAYMENTS, RECORDS, AND ACCOUNTING. (a) On the approval of a grant under this subchapter [chapter] and on the written request by the director, the comptroller of public accounts shall issue a warrant drawn against the Texas recreation and parks account and payable to the political subdivision or nonprofit corporation in the amount specified by the director.

(b)iiEach recipient of assistance under this subchapter [chapter] shall keep records as required by the department, including records which fully disclose the amount and the disposition of the proceeds by the recipient, the total cost of the

7094 80th LEGISLATURE — REGULAR SESSION

(c)iiThe recipient of funds under this subchapter [chapter] shall, on each anniversary date of the grant for five years after the grant is made, furnish to the department a comprehensive report detailing the present and anticipated use of the property, any contiguous additions to the property, and any major changes in the character of the property, including the extent of park development which may have taken place.

SECTIONi37.iiSection 24.011, Parks and Wildlife Code, is amended to read as follows:

Sec.i24.011.iiNONCOMPLIANCE WITH SUBCHAPTER [ACT]. The attorney general shall file suit in a court of competent jurisdiction against a political subdivision or nonprofit corporation that fails to comply with the requirements of this subchapter [chapter] to recover the full amount of the grant plus interest on that amount of five percent a year accruing from the time of noncompliance or for injunctive relief to require compliance with this subchapter [chapter]. If the court finds that the political subdivision or nonprofit corporation has not complied with the requirements of this subchapter [chapter], it is not eligible for further participation in the program for three years following the finding for noncompliance.

SECTIONi38.iiSection 24.013, Parks and Wildlife Code, is amended to read as follows:

Sec.i24.013.iiAUTHORITY OF POLITICAL SUBDIVISIONS TO HAVE PARKS. This subchapter [chapter] does not authorize a political subdivision to acquire, develop, maintain, or operate a park, recreational area, open space area, or natural area.

SECTIONi39.iiChapter 24, Parks and Wildlife Code, is amended by adding Subchapter B to read as follows:

SUBCHAPTER B. PARKS FOR LARGE COUNTIES AND MUNICIPALITIES

Sec.i24.051.iiDEFINITIONS. In this subchapter:

(1)ii"Account" means the large county and municipality recreation and parks account.

(2)ii"Cultural resource site or area" means a site or area determined by the commission to have valuable and vulnerable cultural or historical resources.

(3)ii"Federal rehabilitation and recovery grants" means matching grants made by the United States to or for political subdivisions for the purpose of rebuilding, remodeling, expanding, or developing existing outdoor or indoor parks, recreational, or open space areas and facilities, including improvements in park landscapes, buildings, and support facilities.

(4)ii"Large county or municipality" means a county or municipality with a population of 500,000 or more.

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(5)ii"Natural area" means a site having valuable or vulnerable natural resources, ecological processes, or rare, threatened, or endangered species of vegetation or wildlife.

(6)ii"Nonprofit corporation" means a nonpolitical legal entity incorporated under the laws of this state that has been granted an exemption from federal income tax under Section 501(c), Internal Revenue Code of 1986, as amended.

(7)ii"Open space area" means a land or water area for human use and enjoyment that is relatively free of man-made structures.

(8)ii"Park" includes land and water parks owned or operated by the state or a political subdivision.

(9)ii"Parks, recreational, and open space area plan" means a comprehensive plan that includes information on and analyses of parks, recreational, and open space area objectives, needs, resources, environment, and uses, and that identifies the amounts, locations, characteristics, and potentialities of areas for adequate parks, recreational, and open space opportunities.

(10)ii"Political subdivision" means a county, municipality, special district, river authority, or other governmental entity created under the authority of the state or a county or municipality.

(11)ii"Underserved population" means any group of people that is low income or inner city, as determined by the last census, or minority, physically or mentally challenged youth at risk, youth, or female.

Sec.i24.052.iiLARGE COUNTY AND MUNICIPALITY RECREATION AND PARKS ACCOUNT. The large county and municipality recreation and parks account is a separate account in the general revenue fund. Money in the account may be used only as provided by this subchapter.

Sec.i24.053.iiACCOUNT REVENUE SOURCE; DEDICATION. The department shall deposit to the credit of the large county and municipality recreation and parks account:

(1)iian amount of money equal to 10 percent of the credits made to the department under Section 151.801, Tax Code; and

(2)iimoney from any other source authorized by law.

Sec.i24.054.iiASSISTANCE GRANTS. (a) The department may make grants of money from the account to a large county or municipality for use by the county or municipality as all or part of the county's or municipality's required share of funds for eligibility for receiving a federal rehabilitation and recovery grant.

(b)iiIn order to receive a grant under this section, the county or municipality seeking the federal grant shall apply to the department for the grant and present evidence that the county or municipality qualifies for the federal grant.

(c)iiA grant under this section is conditioned on the county or municipality qualifying for and receiving the federal grant.

7096 80th LEGISLATURE — REGULAR SESSION

Sec.i24.055.iiDIRECT STATE MATCHING GRANTS. (a) The department shall make grants of money from the account to a large county or municipality to provide one-half of the costs of the planning, acquisition, or development of a park, recreational area, or open space area to be owned and operated by the county or municipality.

(b)iiIn establishing the program of grants under this section, the department shall adopt rules and regulations for grant assistance.

(c)iiMoney granted to a county or municipality under this section may be used for the operation and maintenance of parks, recreational areas, cultural resource sites or areas, and open space areas only:

(1)iiif the park, site, or area is owned or operated and maintained by the department and is being transferred by the commission for public use to the county or municipality for operation and maintenance; and

(2)iiduring the period the commission determines to be necessary to effect the official transfer of the park, site, or area.

(d)iiThe department shall make grants of money from the account to a large county or municipality or to a nonprofit corporation for use in a large county or municipality for recreation, conservation, or education programs for underserved populations to encourage and implement increased access to and use of parks, recreational areas, cultural resource sites or areas, and open space areas by underserved populations.

(e)iiThe department may provide from the account for direct administrative costs of the programs described by this subchapter.

Sec.i24.056.iiFUNDS FOR GRANTS TO LARGE COUNTIES AND MUNICIPALITIES. When revenue to the large county and municipality recreation and parks account exceeds $14 million per year, an amount not less than 15 percent shall be made available for grants to large counties and municipalities for up to 50 percent of the cost of acquisition or development of indoor public recreation facilities for indoor recreation programs, sports activities, nature programs, or exhibits.

Sec.i24.057.iiACCOUNT USE TO BE CONSISTENT WITH PLANS. No grant may be made under Section 24.055 nor may account money be used under Section 24.056 unless:

(1)iithere is a present or future need for the acquisition and development of the property for which the grant is requested or the use is proposed; and

(2)iia written statement is obtained from the regional planning commission having jurisdiction of the area in which the property is to be acquired and developed that the acquisition and development is consistent with local needs.

Sec.i24.058.iiACQUISITION OF PROPERTY. (a) No property may be acquired with grant money made under this subchapter or by the department under this subchapter if the purchase price exceeds the fair market value of the property as determined by one independent appraiser.

(b)iiProperty may be acquired with provision for a life tenancy if that provision facilitates the orderly and expedient acquisition of the property.

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(c)iiIf land or water designated for park, recreational, cultural resource, or open space use is included in the local and regional park, recreational, cultural resource, and open space plans for two or more large counties or municipalities, the two or more large counties or municipalities may cooperate under state law to secure assistance from the account to acquire or develop the property. In those cases, the department may modify the standards for individual applicants but must be assured that a cooperative management plan for the land or water can be developed and effectuated and that one of the counties or municipalities possesses the necessary qualifications to perform contractual responsibilities for purposes of the grant.

(d)iiAll land or water purchased with assistance from the account shall be dedicated for park, recreational, cultural resource, indoor recreation center, and open space purposes in perpetuity and may not be used for any other purpose, except where the use is compatible with park, recreational, cultural resource, and open space objectives, and the use is approved in advance by the department.

Sec.i24.059.iiPAYMENTS, RECORDS, AND ACCOUNTING. (a) On the approval of a grant under this subchapter and on the written request by the director, the comptroller shall issue a warrant drawn against the large county and municipality recreation and parks account and payable to the county, municipality, or nonprofit corporation in the amount specified by the director.

(b)iiEach recipient of assistance under this subchapter shall keep records as required by the department, including records that fully disclose the amount and the disposition of the proceeds by the recipient, the total cost of the acquisition, a copy of the title and deed for the property acquired, the amount and nature of that portion of the cost of the acquisition supplied by other funds, and other records that facilitate effective audit. The director and the comptroller, or their authorized representatives, may examine any book, document, paper, and record of the recipient that are pertinent to assistance received under this subchapter.

(c)iiThe recipient of funds under this subchapter shall, on each anniversary date of the grant for five years after the grant is made, furnish to the department a comprehensive report detailing the present and anticipated use of the property, any contiguous additions to the property, and any major changes in the character of the property, including the extent of park development that may have taken place.

Sec.i24.060.iiNONCOMPLIANCE WITH SUBCHAPTER. The attorney general shall file suit in a court of competent jurisdiction against a county, municipality, or nonprofit corporation that fails to comply with the requirements of this subchapter to recover the full amount of the grant plus interest on that amount of five percent a year accruing from the time of noncompliance or for injunctive relief to require compliance with this subchapter. If the court finds that the county, municipality, or nonprofit corporation has not complied with the requirements of this subchapter, it is not eligible for further participation in the program for three years following the finding for noncompliance.

Sec.i24.061.iiACCOUNT NOT TO BE USED FOR PUBLICITY. No money credited to the account may be used for publicity or related purposes.

7098 80th LEGISLATURE — REGULAR SESSION

Sec.i24.062.iiAUTHORITY OF LARGE COUNTY OR MUNICIPALITY TO HAVE PARKS. This subchapter does not authorize a large county or municipality to acquire, develop, maintain, or operate a park, recreational area, open space area, or natural area.

SECTIONi40.iiSections 43.402(a) and (b), Parks and Wildlife Code, are amended to read as follows:

(a)iiExcept as provided by Subsection (b) or (c) of this section, no person may engage in fishing in saltwater for sporting purposes in this state, or unload in this state fish or other aquatic life taken for sporting purposes from waters managed by the Gulf of Mexico Fishery Management Council established under the Fishery Conservation and Management Act of 1976 (16 U.S.C. Section 1801 et seq.), unless the person has acquired a saltwater sportfishing stamp endorsement issued to the person by the department. The commission by rule may prescribe requirements relating to possessing a stamp endorsement required by this subchapter.

(b)iiA person who is exempted from obtaining a fishing license under Chapter 46 [of this code] is not required to obtain a saltwater sportfishing stamp endorsement.

SECTIONi41.iiChapter 43, Parks and Wildlife Code, is amended by adding Subchapter V to read as follows:

SUBCHAPTER V. NONINDIGENOUS SNAKE PERMIT

Sec.i43.851.iiPERMIT. (a) The commission by rule shall establish permits that allow permit holders to possess or transport in this state a live nonindigenous:

(1)iivenomous snake; or

(2)iiconstrictor that is one of the following:

(A)iiAfrican rock python, Python sebae;

(B)iiAsiatic rock python, Python molurus;

(C)iigreen anaconda, Eunectes murinus;

(D)iireticulated python, Python reticulatus; or

(E)iisouthern African python, Python natalensis.

(b)iiThe commission shall establish separate permits for recreational and commercial purposes.

(c)iiA permit under this subchapter is not required for:

(1)iia state or county official performing an official duty;

(2)iia licensed zoo that possesses or transports a snake for exhibition or scientific purposes;

(3)iia research facility, including a university, licensed under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) that possesses or transports a snake for scientific purposes; or

(4)iia person who assists a department employee in the handling or transport of a snake under this subchapter.

(d)iiExcept as provided by Subsection (c), a person may not possess or transport in this state a snake described by Subsection (a) without a permit issued by the department under this subchapter.

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(e)iiA person convicted of a violation of this subchapter or a rule adopted under this subchapter may not obtain a permit before the fifth anniversary of the date of the conviction.

Sec.i43.852.iiINSPECTION OF PERMIT AND RECORDS. An authorized department employee may inspect at any time and without a warrant a permit or any records required by this subchapter.

Sec.i43.853.iiRELEASE FROM CAPTIVITY. A person may not intentionally, knowingly, recklessly, or with criminal negligence release or allow the release from captivity of a snake covered by this subchapter.

Sec.i43.854.iiSEIZURE OF CONTRABAND; FINANCIAL RESPONSIBILITY. (a) The department may arrange for the seizure and removal of a snake covered by this subchapter from a person who possesses the snake without the required permit. The person is responsible for any costs incurred by the department in the seizure, removal, and disposition of the snake.

(b)iiA department employee is not required to handle, remove, or dispose of the snake.

(c)iiThe department may contract with a person who has knowledge of or expertise in the handling of a snake covered by this subchapter to assist the department in the handling, removal, and disposition of the snake.

(d)iiThe department, including an enforcement officer of the department, who acts under this section is not liable in a civil action for the seizure, sale, donation, or other disposition of the snake.

Sec.i43.855.iiRULES. The commission may adopt rules to implement this subchapter, including rules to govern:

(1)iithe possession or transport of a snake covered by this subchapter;

(2)iipermit application forms, fees, and procedures;

(3)iithe release of the snake;

(4)iireports that the department may require a permit holder to submit to the department; and

(5)iiother matters the commission considers necessary.

Sec.i43.856.iiOFFENSE. (a) Except as provided by Subsection (c), a person who violates this subchapter or a rule adopted under this subchapter commits an offense that is a Class C Parks and Wildlife Code misdemeanor.

(b)iiA person who violates Section 43.853 or a rule adopted to implement Section 43.853 commits an offense that is a Class A Parks and Wildlife Code misdemeanor.

SECTIONi42.iiSection 46.001, Parks and Wildlife Code, is amended to read as follows:

Sec.i46.001.iiPROHIBITED ACTS. No person may fish in the public water of this state, or unload in this state fish or other aquatic life taken for sporting purposes from waters managed by the Gulf of Mexico Fishery Management Council established under the Fishery Conservation and Management Act of 1976 (16 U.S.C. Section 1801 et seq.), unless he has acquired a fishing license issued under this subchapter, except as provided by Sections 46.0012 and 46.002 [of this code]. The commission by rule may prescribe requirements relating to possessing a license required by this subchapter.

7100 80th LEGISLATURE — REGULAR SESSION

SECTIONi43.iiSection 62.001, Parks and Wildlife Code, is amended by adding Subdivision (3) to read as follows:

(3)ii"Public road or right-of-way" means a public street, alley, road, right-of-way, or other public way, including a berm, ditch, or shoulder.

SECTIONi44.iiSubchapter A, Chapter 62, Parks and Wildlife Code, is amended by adding Section 62.0031 to read as follows:

Sec.i62.0031.iiHUNTING FROM PUBLIC ROAD OR RIGHT-OF-WAY PROHIBITED. (a) Except as provided by Subsection (b), a person may not hunt a wild animal or bird when the person is on a public road or right-of-way.

(b)iiThis section does not apply to the trapping of a raptor for educational or sporting purposes as provided by Chapter 49.

SECTION 45. The heading to Chapter 284, Parks and Wildlife Code, is amended to read as follows:

CHAPTER 284. DIMMIT, EDWARDS, FRIO, IRION, KENEDY, KIMBLE, LLANO, MASON, MAVERICK, REAL, UVALDE, AND ZAVALA COUNTIES

SECTION 46. Section 284.001, Parks and Wildlife Code, is amended by amending Subsections (b) and (d) and adding Subsection (f) to read as follows:

(b) This section applies only to a navigable river or stream located wholly or partly in Dimmit, Edwards, Frio, Irion, Kenedy, Kimble, Llano, Mason, Maverick, Real, Uvalde, or Zavala County.

(d) This section does not apply to:

(1) an individual acting in the scope of the individual's duties as a peace officer or department employee; [or]

(2) the discharge of a shotgun loaded with ammunition that releases only shot when discharged, except as provided by Subsection (f); or

(3) bow fishing.

(f) In Dimmit, Uvalde, or Zavala County, a person may discharge a shotgun loaded with ammunition that releases only shot when discharged only if the person is hunting:

(1) migratory birds, as defined by Section 34.021; or

(2) game animals, as defined by Section 63.001, except mule deer, white-tailed deer, or antelope.

SECTIONi47.iiSection 151.801, Tax Code, is amended by amending Subsection (c) and adding Subsection (c-1) to read as follows:

(c)iiSubject to Subsection (c-1), the [The] proceeds from the collection of the taxes imposed by this chapter on the sale, storage, or use of sporting goods shall be deposited as follows:

(1)iian amount equal to 94 percent of the proceeds [For the period beginning September 1, 1993, and ending August 31, 1995, an amount equal to 50 cents per 1,000 cigarettes shall be deposited to the credit of the general revenue fund, state parks account, and an amount equal to 50 cents per 1,000 cigarettes shall be deposited to the credit of the general revenue fund, Texas recreation and parks account, and the balance shall be retained in the general revenue fund.

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7101

[(2)iiBeginning September 1, 1995, the taxes collected] shall be credited to the Parks and Wildlife Department and deposited as specified in the Parks and Wildlife Code; and

(2)iian amount equal to six percent of the proceeds shall be credited to the Texas Historical Commission and deposited as specified in Section 442.073, Government Code. [The comptroller shall not credit in excess of $32 million in sporting goods tax revenue annually to the Parks and Wildlife Department.]

(c-1)iiThe comptroller may not credit to the Parks and Wildlife Department or the Texas Historical Commission any amounts under this section that are in excess of the amounts appropriated to the department or commission for that biennium, less any other amounts to which the department or commission is entitled.

SECTIONi48.iiSections 442.0022(c) and 442.009(d), Government Code, are repealed.

SECTIONi49.iiNot later than February 1, 2008, the Texas Historical Commission shall adopt the rules required by Sections 442.0055 and 442.006(h), Government Code, as added by this Act.

SECTIONi50.ii(a) The changes in law made by this Act in the prohibitions or qualifications applying to a member of the Texas Historical Commission do not affect the entitlement of a member serving on the Texas Historical Commission immediately before September 1, 2007, to continue to serve and function as a member of the Texas Historical Commission 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 442.009, Government Code, relating to the investigation of a complaint filed with the Texas Historical Commission 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.

SECTIONi51.iiNot later than November 1, 2008, the Department of Public Safety of the State of Texas, the Texas Alcoholic Beverage Commission, the Texas Department of Criminal Justice, and the Parks and Wildlife Department shall each:

(1)iiadopt the standards required by Section 614.152, Government Code, as added by this Act;

(2)iitest the law enforcement officers to whom the standards apply for compliance with the standards; and

(3)iiissue a report to the governor, the lieutenant governor, the speaker of the house of representatives, and the legislature that contains the standards adopted by the agency and the rate of compliance by the agency's law enforcement officers.

7102 80th LEGISLATURE — REGULAR SESSION

SECTIONi52.iiThe Parks and Wildlife Department shall comply with the recommendations contained in the State Auditor's Office "An Audit Report on Financial Processes at the Parks and Wildlife Department Report No. 07-021" in accordance with the dates specified in the department's management response included as Appendix 6 to the report.

SECTIONi53.ii(a) In this section, "historic site" means a historic site or park listed under Section 442.072, Government Code, as added by this Act.

(b)iiOn or after January 1, 2008, as provided by this section, the following are transferred to the Texas Historical Commission:

(1)iieach historic site and all obligations and liabilities of the Parks and Wildlife Department relating to the site;

(2)iiall unobligated and unexpended funds appropriated to the Parks and Wildlife Department designated for the administration of each site;

(3)iiall equipment and property of the Parks and Wildlife Department used for the administration of or related to each site; and

(4)iiall files and other records of the Parks and Wildlife Department kept by the department regarding each site.

(c)iiA rule adopted by the Parks and Wildlife Commission that is in effect immediately before January 1, 2008, and that relates to a historic site is, on January 1, 2008, a rule of the Texas Historical Commission and remains in effect until amended or repealed by the Texas Historical Commission. A rule that applies to both a transferred site and park that is not transferred is a rule of both commissions and applies to the transferred site until amended or repealed by the Texas Historical Commission.

(d)iiA transfer under this Act does not diminish or impair the rights of a holder of an outstanding bond or other obligation issued by the Parks and Wildlife Department in relation to the support of a historic site.

(e)iiOn January 1, 2008, a reference in the Parks and Wildlife Code or other law to a power, duty, obligation, or liability of the Parks and Wildlife Department or the Parks and Wildlife Commission that relates to a historic site is a reference to the Texas Historical Commission. The Texas Historical Commission is the successor agency to the Parks and Wildlife Department and the Parks and Wildlife Commission for the site.

(f)iiThe Texas Historical Commission shall prepare a base operating plan for each historic site before the transfer of any site or associated artifact or archival materials from the Parks and Wildlife Department to the commission. The base operating plan for each site must be completed on or before January 1, 2008. The base operating plan for each site must include:

(1)iia mission statement outlining the goals for the site;

(2)iian interpretive plan showing how the mission is to be accomplished;

(3)iian operational plan, including:

(A)iifacilities, documents, records, and other assets to be transferred;

(B)iiparties responsible for daily site management, including staff that will be transferred;

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7103

(C)iioff-site support structure;

(D)iiplans for artifact and archival curation;

(E)iisigned memoranda of understanding or memoranda of agreement with appropriate friends groups and volunteer organizations; and

(F)iiemergency plans;

(4)iia maintenance plan, including maintenance and repair needs;

(5)iia marketing plan;

(6)iia business plan, including revenue and visitation goals;

(7)iia plan for compliance with:

(A)iiChapter 191, Natural Resources Code (the Antiquities Code of Texas); and

(B)iithe National Historic Preservation Act (16 U.S.C. Section 470 et seq.); and

(8)iifiscal plans and budgets associated with Subdivisions (1) through (7) of this subsection.

(g)iiNot later than September 1, 2007, the chair of the House Committee on Culture, Recreation, and Tourism shall appoint from that committee an interim study subcommittee to review the base operating plan described by Subsection (f) of this section. The interim subcommittee shall obtain feedback and information from professionals familiar with the work of the Parks and Wildlife Department, the Texas Historical Commission, the National Park Service, the Council of Texas Archeologists, professional archivists, park managers, and the tourism industry. Not later than September 1, 2008, the interim study subcommittee shall report to the House Committee on Culture, Recreation, and Tourism on the results of the study conducted under this subsection.

(h)iiUntil a historic site is transferred to the Texas Historical Commission in accordance with this Act, the Parks and Wildlife Department shall continue to operate and maintain the site under applicable law as it existed on January 1, 2007.

(i)iiThe Parks and Wildlife Department and the Texas Historical Commission shall keep the House Committee on Culture, Recreation, and Tourism, the subcommittee on Agriculture, Rural Affairs and Coastal Resources, and the Senate and House members in whose district, a historic site is being transferred, informed of the progress of the transfer of each historic site under this Act.

(j)iiAn employee of the Parks and Wildlife Department whose job responsibilities are more than 50 percent related to a historic site transferred to the Texas Historical Commission under this Act becomes an employee of the Texas Historical Commission on the date of the transfer of that site. An employee whose job is transferred may not be dismissed after the transfer except for cause before the first anniversary of the date of the transfer.

SECTIONi54.iiAny restrictions on the allocation of money in the state parks account under Section 11.035, Parks and Wildlife Code, as amended by this Act, on the use of money in the Texas parks and wildlife conservation and capital account under Section 11.043, Parks and Wildlife Code, as amended by this Act, on the use of money in the Texas recreation and parks account under Section

7104 80th LEGISLATURE — REGULAR SESSION

(1)iiis contingent on the enactment of this Act or a similar Act by the 80th Legislature; and

(2)iiprovides for the one-time allocation of that money to the Parks and Wildlife Department and the Texas Historical Commission to be used for the repair, renovation, maintenance, and other one-time costs associated with state historic sites and state parks.

SECTIONi55.iiThe name of the Peach Point Wildlife Management Area is changed to the Justin Hurst Wildlife Management Area.

SECTIONi56.ii(a) The House Committee on Culture, Recreation, and Tourism shall conduct a study to determine whether this state should permit the possession of nonindigenous venomous snakes and nonindigenous constrictors as provided by Subchapter V, Chapter 43, Parks and Wildlife Code, as added by this Act.

(b)iiThe study must include:

(1)iia comparison of laws regulating nonindigenous snakes in other states;

(2)iialternative methods of regulating the possession of nonindigenous snakes;

(3)iithe economic, environmental, and other effects of allowing nonindigenous snakes to be held in the state, including:

(A)iithe potential to harbor and spread diseases or parasites, or other adverse effects; and

(B)iithe economic and other benefits to this state that may be obtained by regulating the trade in nonindigenous snakes; and

(4)iiother related matters the committee finds useful.

(c)iiNot later than November 1, 2008, the committee shall report its findings to the governor, the executive directors of the Parks and Wildlife Department, and each member of the committee.

SECTIONi57.ii(a) The Parks and Wildlife Commission shall adopt the rules necessary under Subchapter V, Chapter 43, Parks and Wildlife Code, as added by this Act, not later than April 1, 2008.

(b)iiThe Parks and Wildlife Department shall begin issuing permits under Subchapter V, Chapter 43, Parks and Wildlife Code, as added by this Act, not later than April 1, 2008.

SECTIONi58.ii(a) The joint legislative task force on the use of the sales tax on sporting goods is composed of eight members, as follows:

(1)iitwo members of the House Culture, Recreation and Tourism Committee, one being the chair of the committee and one appointed by the speaker of the house of representatives;

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7105

(2)iitwo members, each of whom must be a member of the House Appropriations Committee or House Ways and Means Committee, as appointed by the speaker of the house of representatives;

(3)iitwo members of the Senate Committee on Natural Resources, one being the chair of the committee and one appointed by the lieutenant governor; and

(4)iitwo members of the Senate Committee on Finance, appointed by the lieutenant governor.

(b)iiThe speaker of the house of representatives shall designate the chair of the House Committee on Culture, Recreation, and Tourism to serve as a joint presiding officer of the task force, and the lieutenant governor shall designate another task force member to serve as the other joint presiding officer.

(c)iiThe task force meets at the call of the joint presiding officers.

(d)iiThe task force shall:

(1)iireview the items that are included in the definition of "sporting goods" under Section 151.801(e), Tax Code;

(2)iidetermine the amount of sales tax revenue that must be generated from the sale of "sporting goods" to fund, at a minimum, the appropriations made by the 80th Legislature regarding state parks, local parks, historic sites, coastal management programs, and water planning;

(3)iinot later than December 15, 2008, prepare and present to the legislature a report that describes the findings of the task force and includes recommendations regarding the specific items that should be included in the definition of "sporting goods" under Section 151.801(e), Tax Code, in order to more evenly match the revenue streams needed to cover ongoing appropriations (estimated to be $70 million per annum), net of the use of unexpended balances in 2008-2009 biennium, without creating large dedicated fund balances.

(e)iiIt is the intent of the 80th Legislature that Section 151.801(c-1), Tax Code, as added by this Act, be repealed on adoption of a statute implementing the recommendations of the task force.

SECTIONi59.iiIf the Parks and Wildlife Department does not receive a grant of funds from the Department of Transportation, the Parks and Wildlife Department may spend no more than $50,000 to maintain a river-access point and picnic area in Zavala County that is adjacent to the Nueces River and United States Highway 83 intersection north of La Pryor, Texas. If the Parks and Wildlife Department receives a grant of funds from the Department of Transportation, the Parks and Wildlife Department may not spend money, other than money received under the grant, on maintenance described by this section.

SECTIONi60.ii(a) The Parks and Wildlife Department shall conduct a study of ways to improve the efficiency and ease of use of the department's hunting and fishing license systems. The study must:

(1)iievaluate the efficiency of the hunting and fishing license systems in effect on September 1, 2007;

(2)iiidentify problems and suggest improvements to those systems; and

(3)iiidentify ways to increase ease of use for individuals applying for a hunting or fishing license in this state.

7106 80th LEGISLATURE — REGULAR SESSION

(b)iiThe Parks and Wildlife Department shall complete the study conducted under Subsection (a) of this section not later than July 1, 2008.

(c)iiNot later than October 1, 2008, the Parks and Wildlife Department shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, and the chair of each committee of the legislature that has primary oversight jurisdiction over the department a written report that summarizes the findings of the study conducted under Subsection (a) of this section.

SECTIONi61.ii(a) Except as provided by Subsections (b) and (c) 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.

(b)iiThe following take effect September 1, 2007:

(1)iiSections 442.002, 442.0021, 442.0022, 442.004, 442.0055, 442.006, and 442.009, Government Code, as amended by this Act;

(2)iiSections 442.022 and 442.023, Government Code, as added by this Act;

(3)iiSubchapter H, Chapter 614, Government Code, as added by this Act;

(4)iiSections 12.013, 12.306, 43.402, 46.001, 62.011, 65.0072, 65.008, and 284.001, Parks and Wildlife Code, as amended by this Act; and

(5)iiexcept as provided by Subsection (c) of this section, Subchapter V, Chapter 43, Parks and Wildlife Code, as added by this Act.

(c)iiSections 43.851(d) and 43.856, Parks and Wildlife Code, as added by this Act, take effect April 1, 2008.

Representative Hilderbran moved to adopt the conference committee report on HBi12.

(Coleman, Deshotel, and Naishtat now present)

A record vote was requested.

The motion to adopt the conference committee report on HBi12 prevailed by (Record 1998): 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; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Creighton; Crownover; Darby; Davis, J.; 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; Hamilton; 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.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno;

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7107

Present, not voting — Mr. Speaker(C).

Absent — Chavez; Crabb; Davis, Y.; Haggerty; King, T.; Miles; Noriega; Oliveira; Thompson; Villarreal.

STATEMENT OF VOTE

When Record No. 1998 was taken, I was in the house but away from my desk. I would have voted yes.

Crabb

HR 2890 - ADOPTED
(by Truitt)

Representative Truitt moved to suspend Rule 8, Section 13 to take up and consider at this time HRi2890.

The motion prevailed.

The following privileged resolution was laid before the house:

HR 2890

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 3249 (the powers and duties of, and entities reviewed by, the Sunset Advisory Commission) to consider and take action on the following matters:

(1) House Rule 13, Sections 9(a)(3) and (4) are suspended to permit the committee to add the following SECTIONS to the bill:

SECTION 2.06. TEXAS HISTORICAL COMMISSION. (a) Section 442.002(k), Government Code, is amended to read as follows:

(k) The Texas Historical Commission 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]. In the review of the commission by the Sunset Advisory Commission, as required by this section, the sunset commission shall limit its review to the appropriateness of recommendations made to the 80th Legislature. In its report to the 81st legislature, the sunset commission may include any recommendations it considers appropriate.

(b) This section takes effect only if the 80th Legislature, Regular Session, 2007, does not enact other legislation that becomes law and that amends Section 442.002(k), Government Code, to extend the sunset date of the Texas Historical Commission. If the 80th Legislature, Regular Session, 2007, enacts legislation of that kind, this section has no effect.

7108 80th LEGISLATURE — REGULAR SESSION

SECTION 2.07. OFFICE OF RURAL COMMUNITY AFFAIRS. (a) Section 487.002, Government Code, is amended to read as follows:

Sec. 487.002. SUNSET PROVISION. The Office of Rural Community Affairs is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished and this chapter expires September 1, 2009 [2007]. In the review of the office by the Sunset Advisory Commission, as required by this section, the sunset commission shall limit its review to the appropriateness of recommendations made to the 80th Legislature. In its report to the 81st legislature, the sunset commission may include any recommendations it considers appropriate.

(b) This section takes effect only if the 80th Legislature, Regular Session, 2007, does not enact other legislation that becomes law and that amends Section 487.002, Government Code, to extend the sunset date of the Office of Rural Community Affairs. If the 80th Legislature, Regular Session, 2007, enacts legislation of that kind, this section has no effect.

SECTION 2.08. OFFICE OF STATE-FEDERAL RELATIONS. (a) Section 751.003, Government Code, is amended to read as follows:

Sec. 751.003. SUNSET PROVISION. The Office of State-Federal Relations is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished and this chapter expires September 1, 2009 [2007]. In the review of the office by the Sunset Advisory Commission, as required by this section, the sunset commission shall limit its review to the appropriateness of recommendations made to the 80th Legislature. In its report to the 81st legislature, the sunset commission may include any recommendations it considers appropriate.

(b) This section takes effect only if the 80th Legislature, Regular Session, 2007, does not enact other legislation that becomes law and that amends Section 751.003, Government Code, to extend the sunset date of the Texas Office of State Federal Relations. If the 80th Legislature, Regular Session, 2007, enacts legislation of that kind, this section has no effect.

Explanation: The changes are necessary to provide a two-year continuation of the sunset review date for the Historical Commission, Office of Rural Community Affairs, and the Office of State-Federal Relations if the legislature does not enact other legislation to extend the agencies' sunset dates.

(2) House Rule 13, Sections 9(a)(3) and (4) are suspended to permit the committee to add the following SECTIONS to the bill:

SECTION 3.11. DEPARTMENT OF INFORMATION RESOURCES. Section 2054.005, Government Code, is amended to read as follows:

Sec. 2054.005. SUNSET PROVISION. The Department of Information Resources is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished and this chapter expires September 1, 2011 [2009].

SECTION 3.12. ELECTRONIC GOVERNMENT PROGRAM MANAGEMENT OFFICE. Section 2055.003, Government Code, is amended to read as follows:

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7109

Sec. 2055.003. SUNSET PROVISION. The office is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished September 1, 2011 [2009].

SECTION 3.13. TEXAS PUBLIC FINANCE AUTHORITY. Section 1232.072, Government Code, is amended to read as follows:

Sec. 1232.072. SUNSET PROVISION. The Texas Public Finance Authority is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the authority is abolished and this chapter expires September 1, 2011 [2009].

Explanation: The changes are necessary to move the agencies' dates from 2009 to 2011, to adjust the sunset review schedule.

(3) House Rule 13, Sections 9(a)(3) and (4) are suspended to permit the committee to add the following SECTION to the bill:

SECTION 2.09. BOARD OF TAX PROFESSIONAL EXAMINERS. Section 1151.003, Occupations Code, is amended to read as follows:

Sec. 1151.003. APPLICATION OF SUNSET ACT. The Board of Tax Professional Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2009 [2015].

Explanation: The change is necessary to move the agency's sunset date from 2015 to 2009.

HR 2890 was adopted.

HB 3249 - RULES SUSPENDED

Representative Truitt moved to suspend all necessary rules to consider the conference committee report on HB 3249.

The motion prevailed.

HB 3249 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Truitt submitted the following conference committee report on HBi3249:

Austin, Texas, May 26, 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 HBi3249 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.

7110 80th LEGISLATURE — REGULAR SESSION

HB 3249, A bill to be entitled An Act relating to the powers and duties of, and the entities reviewed by, the Sunset Advisory Commission.

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

ARTICLE 1. CHANGES TO TEXAS SUNSET ACT

SECTIONi1.01.iiSections 325.003(a), (b), (d), (e), and (j), Government Code, are amended to read as follows:

(a)iiThe Sunset Advisory Commission consists of five members of the senate and one public member appointed by the lieutenant governor and five members of the house of representatives and one public member appointed by the speaker of the house. The lieutenant governor and the speaker of the house [Each appointing authority] may serve [designate himself] as one of the legislative appointees.

(b)iiAn individual is not eligible for appointment as a public member if the individual or the individual's spouse is:

(1)iiregulated by a state agency that the commission will review during the term for which the individual would serve; [or]

(2)iiemployed by, participates in the management of, or directly or indirectly has more than a 10 percent interest in a business entity or other organization regulated by a state agency the commission will review during the term for which the individual would serve; or

(3)iirequired to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession or entity related to the operation of an agency under review.

(d)iiLegislative members serve four-year terms, with terms staggered so that the terms of as near to one-half of the legislative members appointed by the lieutenant governor as possible and the terms of as near to one-half of the legislative members appointed by the speaker as possible expire September 1 of each odd-numbered year. If the lieutenant governor or the speaker serves on the commission, service [he] continues [to serve] until resignation from the commission or until the individual [he] ceases to hold the office. Public members serve two-year terms expiring September 1 of each odd-numbered year.

(e)iiMembers other than the lieutenant governor and the speaker are subject to the following restrictions:

(1)iiafter an individual serves six years on the commission, the individual is not eligible for appointment to another term or part of a term;

(2)iia legislative member who serves [more than half of] a full term may not be appointed to an immediately succeeding term; and

(3)iia public member may not serve more than two consecutive terms, and, for purposes of this prohibition, a member is considered to have served a term only if the member has served more than half of the term.

(j)iiSeven members of the commission constitute a quorum. A final action or recommendation may not be made unless approved by a record vote of a majority of members appointed by the lieutenant governor and the speaker of the house [the commission's full membership]. All other actions by the commission shall be decided by a majority of the members present and voting.

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SECTIONi1.02.iiSection 325.007, Government Code, is amended to read as follows:

Sec.i325.007.iiAGENCY REPORT TO COMMISSION. Before September 1 [October 30] of the odd-numbered year before the year in which a state agency subject to this chapter is abolished, the agency shall report to the commission:

(1)iiinformation regarding the application to the agency of the criteria in Section 325.011; and

(2)iiany other information that the agency considers appropriate or that is requested by the commission.

SECTIONi1.03.iiSection 325.008(a), Government Code, is amended to read as follows:

(a)iiBefore January [September] 1 of [the even-numbered year before] the year in which a state agency subject to this chapter and its advisory committees are abolished, the commission shall:

(1)iireview and take action necessary to verify the reports submitted by the agency under Section 325.007;

(2)iiconsult the Legislative Budget Board, the Governor's Budget, Policy, and Planning Division [Office], the State Auditor, and the comptroller of public accounts, or their successors, on the application to the agency of the criteria provided in Section 325.011;

(3)iiconduct a review [performance evaluation] of the agency based on the criteria provided in Section 325.011 and prepare a written report; and

(4)iireview the implementation of commission recommendations contained in the reports presented to the legislature during the preceding legislative session and the resulting legislation.

SECTIONi1.04.iiSection 325.009, Government Code, is amended to read as follows:

Sec.i325.009.iiPUBLIC HEARINGS. (a) Before February [Between September 1 and December] 1 of [the calendar year before] the year a state agency subject to this chapter and its advisory committees are abolished, the commission shall conduct public hearings concerning but not limited to the application to the agency of the criteria provided in Section 325.011.

(b)iiThe commission may hold the public hearings after [before September 1 if] the review [evaluation] of the agency required by Section 325.008(a)(3) is complete and available to the public.

SECTIONi1.05.iiSection 325.010, Government Code, is amended to read as follows:

Sec.i325.010.iiCOMMISSION REPORT. (a) At each regular legislative session, the commission shall present to the legislature and the governor a report on the agencies and advisory committees reviewed [scheduled to be abolished].

(b)iiIn the report the commission shall include:

(1)iiits [specific] findings regarding [each of] the criteria prescribed by Section 325.011;

(2)iiits recommendations based on the matters prescribed by Section 325.012; and

7112 80th LEGISLATURE — REGULAR SESSION

(3)iiother information the commission considers necessary for a complete review [evaluation] of the agency.

SECTIONi1.06.iiSection 325.011, Government Code, is amended to read as follows:

Sec.i325.011.iiCRITERIA FOR REVIEW. The commission and its staff shall consider the following criteria in determining whether a public need exists for the continuation of a state agency or its advisory committees or for the performance of the functions of the agency or its advisory committees:

(1)iithe efficiency and effectiveness with which the agency or the advisory committee operates;

(2)(A)iian identification of the mission, goals, and objectives intended for the agency or advisory committee and of the problem or need that the agency or advisory committee was intended to address; and

(B)ii[,] the extent to which the mission, goals, and objectives have been achieved and the problem or need has been addressed;

(3)(A)iian identification of[, and] any activities of the agency in addition to those granted by statute and of the authority for those [these] activities; and

(B)iithe extent to which those activities are needed;

(4)i[(3)]iian assessment of authority of the agency relating to fees, inspections, enforcement, and penalties;

(5)iiwhether less restrictive or alternative methods of performing any function [regulation] that the agency performs [that] could adequately protect or provide service to the public;

(6)i[(4)iithe extent to which the advisory committee is needed and is used;

[(5)]iithe extent to which the jurisdiction of the agency and the programs administered by the agency overlap or duplicate those of other agencies, the extent to which the agency coordinates with those agencies, and the extent to which the programs administered by the agency can be consolidated with the programs of other state agencies;

(7)i[(6)iiwhether the agency has recommended to the legislature statutory changes calculated to be of benefit to the public rather than to an occupation, business, or institution that the agency regulates;

[(7)]iithe promptness and effectiveness with which the agency addresses [disposes of] complaints concerning entities or other persons affected by the agency, including an assessment of the agency's administrative hearings process;

(8)iian assessment of the agency's rulemaking process and the extent to which the agency has encouraged participation by the public in making its rules and decisions [as opposed to participation solely by those it regulates] and the extent to which the public participation has resulted in rules that benefit the public [compatible with the objectives of the agency];

(9)iithe extent to which the agency has complied with [applicable requirements of]:

(A)iifederal and state laws and applicable rules [an agency of the United States or of this state] regarding equality of employment opportunity and the rights and privacy of individuals; and

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7113

(B)iistate law and applicable rules of any state agency regarding purchasing guidelines [goals] and programs for historically underutilized businesses;

(10)ii[the extent to which changes are necessary in the enabling statutes of the agency so that the agency can adequately comply with the criteria listed in this section;

[(11)]iithe extent to which the agency issues and enforces rules relating to potential conflicts of interest of its employees;

(11)i[(12)]iithe extent to which the agency complies with Chapters 551 and 552 and follows records management practices that enable the agency to respond efficiently to requests for public information; and

(12)i[(13)]iithe effect of federal intervention or loss of federal funds if the agency is abolished.

SECTIONi1.07.iiSection 325.012, Government Code, is amended to read as follows:

Sec.i325.012.iiRECOMMENDATIONS. (a) In its report on a state agency, the commission shall:

(1)iimake recommendations on the abolition, continuation, or reorganization of each affected state agency and its advisory committees and on the need for the performance of the functions of the agency and its advisory committees;

(2)iimake recommendations on the consolidation, transfer, or reorganization of programs within state agencies not under review when the programs duplicate functions performed in agencies under review; and

(3)iimake recommendations to improve the operations of the agency, its policy body, and its advisory committees, including management recommendations that do not require a change in the agency's enabling statute.

(b)iiThe commission shall include the estimated fiscal impact of its recommendations and may recommend appropriation levels for certain programs to improve the operations of the state agency, to be forwarded to the Legislative Budget Board.

(c)iiThe commission shall have [recommend appropriation levels for each state agency and advisory committee for which abolition or reorganization is recommended under Subdivision (1) or (2); and

[(4)iiinclude] drafts of legislation prepared [necessary] to carry out the commission's recommendations under this section [Subdivisions (1) and (2)].

(d)iiAfter the legislature acts on the report [(b)iiOn the date the commission presents its report to the legislature] under Section 325.010, the commission shall present to the state auditor the commission's recommendations that do not require a statutory change to be put into effect. Based on a risk assessment and subject to the legislative audit committee's approval of including the examination in the audit plan under Section 321.013, the state auditor may examine the recommendations and include as part of the next approved audit of the agency a report on whether the agency has implemented the recommendations and, if so, in what manner.

7114 80th LEGISLATURE — REGULAR SESSION

SECTIONi1.08.iiSection 325.0125, Government Code, is amended to read as follows:

Sec.i325.0125.iiREVIEW OF CERTAIN AGENCIES. (a) In the two-year period preceding the date scheduled for the abolition of a state agency under this chapter, the commission may exempt certain agencies from the requirements of this chapter relating to staff reports, hearings, and reviews [evaluations].

(b)iiThe commission may only exempt agencies that have been inactive for a period of two years preceding the date the agency is scheduled for abolition or that have been rendered inactive by an action of the legislature.

(c)iiThe commission's action in exempting agencies under this section must be done by an affirmative record vote and must be decided by a majority of all members present and voting [of the commission].

SECTIONi1.09.iiSection 325.016, Government Code, is repealed.

SECTIONi1.10.iiSection 325.017(e), Government Code, is amended to read as follows:

(e)iiUnless the governor designates an appropriate state agency as prescribed by Subsection (f), property and records in the custody of an abolished state agency or advisory committee on September 1 of the even-numbered year after abolishment shall be transferred to the Texas Building and Procurement [State Purchasing and General Services] Commission. If the governor designates an appropriate state agency, the property and records shall be transferred to the designated state agency.

SECTIONi1.11.iiSection 325.020, Government Code, is amended to read as follows:

Sec.i325.020.iiRELOCATION OF EMPLOYEES. If an employee is displaced because a state agency or its advisory committee is abolished, reorganized, or continued, the state agency and the Texas Workforce [Employment] Commission shall make a reasonable effort to relocate the displaced employee.

SECTIONi1.12.iiSection 325.022, Government Code, is amended to read as follows:

Sec.i325.022.iiREVIEW OF PROPOSED LEGISLATION CREATING AN [REGULATORY] AGENCY. (a) Each bill filed in a house of the legislature that would create a new state agency [having regulatory authority] or a new advisory committee to a state agency [having regulatory authority] shall be reviewed by [forwarded to] the commission.

(b)iiThe commission shall review the bill to determine if:

(1)iithe proposed [regulatory and other] functions of the agency or committee could be administered by one or more existing state agencies or advisory committees;

(2)iithe form of regulation, if any, proposed by the bill is the least restrictive form of regulation that will adequately protect the public;

(3)iithe bill provides for adequate public input regarding any regulatory function proposed by the bill; and

(4)iithe bill provides for adequate protection against conflicts of interest within the agency or committee.

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7115

(c)iiOn request [After reviewing the bill], the commission shall forward a written comment on the legislation to the author of the bill and to the presiding officer of the committee to which the bill is referred.

ARTICLE 2. ENTITIES GIVEN 2009 SUNSET DATE

SECTIONi2.01.iiDEPARTMENT OF AGRICULTURE. Section 11.003, Agriculture Code, is amended to read as follows:

Sec.i11.003.iiSUNSET PROVISION. The Department of Agriculture is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished September 1, 2009 [2011].

SECTIONi2.02.iiTEXAS-ISRAEL EXCHANGE FUND BOARD. Section 45.006(i), Agriculture Code, is amended to read as follows:

(i)iiThe Texas-Israel Exchange Fund Board [board] is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2009 [2011].

SECTIONi2.03.iiBOARD OF DIRECTORS OF THE OFFICIAL COTTON GROWERS' BOLL WEEVIL ERADICATION FOUNDATION. Section 74.127(a), Agriculture Code, is amended to read as follows:

(a)iiThe board of directors of the official cotton growers' boll weevil eradication foundation is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this subchapter expires September 1, 2009 [2011].

SECTIONi2.04.iiPRESCRIBED BURNING BOARD. Section 153.044, Natural Resources Code, is amended to read as follows:

Sec.i153.044.iiSUNSET PROVISION. The Prescribed Burning Board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2009 [2011].

SECTIONi2.05.iiPARKS AND WILDLIFE DEPARTMENT. Section 11.0111, Parks and Wildlife Code, is amended to read as follows:

Sec.i11.0111.iiSUNSET PROVISION. The Parks and Wildlife Department is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished September 1, 2009 [2013].

SECTIONi2.06.iiTEXAS HISTORICAL COMMISSION. (a) Section 442.002(k), Government Code, is amended to read as follows:

(k)iiThe Texas Historical Commission 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]. In the review of the commission by the Sunset Advisory Commission, as required by this section, the sunset commission shall limit its review to the appropriateness of recommendations made to the 80th Legislature. In its report to the 81st Legislature, the sunset commission may include any recommendations it considers appropriate.

7116 80th LEGISLATURE — REGULAR SESSION

(b)iiThis section takes effect only if the 80th Legislature, Regular Session, 2007, does not enact other legislation that becomes law and that amends Section 442.002(k), Government Code, to extend the sunset date of the Texas Historical Commission. If the 80th Legislature, Regular Session, 2007, enacts legislation of that kind, this section has no effect.

SECTIONi2.07.iiOFFICE OF RURAL COMMUNITY AFFAIRS. (a) Section 487.002, Government Code, is amended to read as follows:

Sec.i487.002.iiSUNSET PROVISION. The Office of Rural Community Affairs is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished and this chapter expires September 1, 2009 [2007]. In the review of the office by the Sunset Advisory Commission, as required by this section, the sunset commission shall limit its review to the appropriateness of recommendations made to the 80th Legislature. In its report to the 81st Legislature, the sunset commission may include any recommendations it considers appropriate.

(b)iiThis section takes effect only if the 80th Legislature, Regular Session, 2007, does not enact other legislation that becomes law and that amends Section 487.002, Government Code, to extend the sunset date of the Office of Rural Community Affairs. If the 80th Legislature, Regular Session, 2007, enacts legislation of that kind, this section has no effect.

SECTIONi2.08.iiOFFICE OF STATE-FEDERAL RELATIONS. (a) Section 751.003, Government Code, is amended to read as follows:

Sec.i751.003.iiSUNSET PROVISION. The Office of State-Federal Relations is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished and this chapter expires September 1, 2009 [2007]. In the review of the office by the Sunset Advisory Commission, as required by this section, the sunset commission shall limit its review to the appropriateness of recommendations made to the 80th Legislature. In its report to the 81st Legislature, the sunset commission may include any recommendations it considers appropriate.

(b)iiThis section takes effect only if the 80th Legislature, Regular Session, 2007, does not enact other legislation that becomes law and that amends Section 751.003, Government Code, to extend the sunset date of the Texas Office of State Federal Relations. If the 80th Legislature, Regular Session, 2007, enacts legislation of that kind, this section has no effect.

SECTIONi2.09.iiBOARD OF TAX PROFESSIONAL EXAMINERS. Section 1151.003, Occupations Code, is amended to read as follows:

Sec.i1151.003.iiAPPLICATION OF SUNSET ACT. The Board of Tax Professional Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2009 [2015].

ARTICLE 3. ENTITIES GIVEN 2011 SUNSET DATE

SECTIONi3.01.iiHEALTH AND HUMAN SERVICES COMMISSION. Section 531.004, Government Code, is amended to read as follows:

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7117

Sec.i531.004.iiSUNSET PROVISION. The Health and Human Services Commission 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, 2011 [2009].

SECTIONi3.02.iiTEXAS CANCER COUNCIL. Section 102.003, Health and Safety Code, is amended to read as follows:

Sec.i102.003.iiSUNSET PROVISION. The Texas Cancer Council is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the council is abolished and this chapter expires September 1, 2011 [2009].

SECTIONi3.03iiDEPARTMENT OF STATE HEALTH SERVICES. Section 1001.003, Health and Safety Code, is amended to read as follows:

Sec.i1001.003.iiSUNSET PROVISION. The Department of State Health Services [department] is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished and this chapter expires September 1, 2011 [2009].

SECTIONi3.04.iiDEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. Section 40.003, Human Resources Code, is amended to read as follows:

Sec.i40.003.iiSUNSET PROVISION. The Department of Family and Protective Services is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished and this chapter expires September 1, 2011 [2009].

SECTIONi3.05.iiTEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES. Section 112.023, Human Resources Code, is amended to read as follows:

Sec.i112.023.iiSUNSET PROVISION. The Texas Council for Developmental Disabilities is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the council is abolished and this chapter expires September 1, 2011 [2009].

SECTIONi3.06.iiGOVERNOR'S COMMITTEE ON PEOPLE WITH DISABILITIES. Section 115.005, Human Resources Code, is amended to read as follows:

Sec.i115.005.iiSUNSET PROVISION. The Governor's Committee on People with Disabilities is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the committee is abolished and this chapter expires September 1, 2011 [2009].

SECTIONi3.07.iiDEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES. Section 117.003, Human Resources Code, is amended to read as follows:

Sec.i117.003.iiSUNSET PROVISION. The Department of Assistive and Rehabilitative Services [department] is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished and this chapter expires September 1, 2011 [2009].

7118 80th LEGISLATURE — REGULAR SESSION

SECTIONi3.08.iiDEPARTMENT OF AGING AND DISABILITY SERVICES. Section 161.003, Human Resources Code, is amended to read as follows:

Sec.i161.003.iiSUNSET PROVISION. The Department of Aging and Disability Services [department] is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished and this chapter expires September 1, 2011 [2009].

SECTIONi3.09.iiTEXAS DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION. Section 31.004(b), Insurance Code, is amended to read as follows:

(b)iiUnless continued as provided by Chapter 325, Government Code, the duties of the division of workers' compensation of the Texas Department of Insurance under Title 5, Labor Code, expire September 1, 2011 [2009], or another date designated by the legislature.

SECTIONi3.10.iiOFFICE OF INJURED EMPLOYEE COUNSEL. Section 404.003, Labor Code, is amended to read as follows:

Sec.i404.003.iiSUNSET PROVISION. The office of injured employee counsel is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished and this chapter expires September 1, 2011 [2009].

SECTIONi3.11.iiDEPARTMENT OF INFORMATION RESOURCES. Section 2054.005, Government Code, is amended to read as follows:

Sec.i2054.005.iiSUNSET PROVISION. The Department of Information Resources is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished and this chapter expires September 1, 2011 [2009].

SECTIONi3.12.iiELECTRONIC GOVERNMENT PROGRAM MANAGEMENT OFFICE. Section 2055.003, Government Code, is amended to read as follows:

Sec.i2055.003.iiSUNSET PROVISION. The office is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished September 1, 2011 [2009].

SECTIONi3.13.iiTEXAS PUBLIC FINANCE AUTHORITY. Section 1232.072, Government Code, is amended to read as follows:

Sec.i1232.072.iiSUNSET PROVISION. The Texas Public Finance Authority is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the authority is abolished and this chapter expires September 1, 2011 [2009].

ARTICLE 4. ENTITIES GIVEN 2013 SUNSET DATE

SECTIONi4.01.iiSTATE PRESERVATION BOARD. Section 443.002, Government Code, is amended to read as follows:

Sec.i443.002.iiSUNSET PROVISION. The State Preservation Board is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2013 [2011].

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7119

SECTIONi4.02.iiTEXAS WORKFORCE COMMISSION. Section 301.008, Labor Code, is amended to read as follows:

Sec.i301.008.iiAPPLICATION OF SUNSET ACT. The Texas Workforce Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished September 1, 2013 [2009].

SECTIONi4.03.iiSTATE BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY. Section 401.002, Occupations Code, is amended to read as follows:

Sec.i401.002.iiAPPLICATION OF SUNSET ACT. The State Board of Examiners for Speech-Language Pathology and Audiology is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2013 [2009].

SECTIONi4.04.iiSTATE COMMITTEE OF EXAMINERS IN THE FITTING AND DISPENSING OF HEARING INSTRUMENTS. Section 402.002, Occupations Code, is amended to read as follows:

Sec.i402.002.iiAPPLICATION OF SUNSET ACT. The State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the committee is abolished and this chapter expires September 1, 2013 [2009].

SECTIONi4.05.iiEXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS. Section 452.002, Occupations Code, is amended to read as follows:

Sec.i452.002.iiAPPLICATION OF SUNSET ACT. The Executive Council of Physical Therapy and Occupational Therapy Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the executive council is abolished and the following laws expire September 1, 2013 [2009]:

(1)iithis chapter;

(2)iiChapter 453; and

(3)iiChapter 454.

SECTIONi4.06.iiTEXAS BOARD OF PHYSICAL THERAPY EXAMINERS. Section 453.002, Occupations Code, is amended to read as follows:

Sec.i453.002.iiAPPLICATION OF SUNSET ACT. The Texas Board of Physical Therapy Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2013 [2009].

SECTIONi4.07.iiTEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS. Section 454.003, Occupations Code, is amended to read as follows:

7120 80th LEGISLATURE — REGULAR SESSION

Sec.i454.003.iiAPPLICATION OF SUNSET ACT. The Texas Board of Occupational Therapy Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2013 [2009].

SECTIONi4.08.iiTEXAS BOARD OF ORTHOTICS AND PROSTHETICS. Section 605.003, Occupations Code, is amended to read as follows:

Sec.i605.003.iiAPPLICATION OF SUNSET ACT. The Texas Board of Orthotics and Prosthetics is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2013 [2009].

SECTIONi4.09.iiSELF-DIRECTED SEMI-INDEPENDENT AGENCY PROJECT. Section 4(c), Self-Directed Semi-Independent Agency Project Act (Article 8930, Revised Statutes), is amended to read as follows:

(c)iiThis Act is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, this Act expires September 1, 2013 [2009].

ARTICLE 5. ENTITY REMOVED FROM SPECIFIC SUNSET REVIEW

SECTIONi5.01.iiREPEALER. Section 435.003, Government Code (Texas Military Facilities Commission sunset provision), is repealed.

ARTICLE 6. SPECIAL PURPOSE REVIEW

SECTIONi6.01.iiTEXAS MEDICAL BOARD. The Sunset Advisory Commission shall conduct a special purpose review of the Texas Medical Board as part of the commission's review of agencies for the 81st Legislature. The commission's report to the 81st Legislature regarding the review of the Texas Medical Board must include:

(1)iian evaluation of the board's management efforts to comply with legislative direction and performance measure targets; and

(2)iiany recommendations the commission considers appropriate based on the review of the board.

ARTICLE 7. EFFECTIVE DATE

SECTIONi7.01.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.

Representative Truitt moved to adopt the conference committee report on HBi3249.

A record vote was requested.

The motion to adopt the conference committee report on HBi3249 prevailed by (Record 1999): 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; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton;

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7121

Present, not voting — Mr. Speaker(C).

Absent — Castro; Chavez; Davis, Y.; Goolsby; Haggerty; Miles; Noriega; Oliveira; Rose; Thompson.

STATEMENT OF VOTE

When Record No. 1999 was taken, I was in the house but away from my desk. I would have voted yes.

Miles

HB 1565 - RULES SUSPENDED

Representative Puente moved to suspend all necessary rules to consider the conference committee report on HB 1565.

The motion prevailed.

HB 1565 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Puente submitted the following conference committee report on HBi1565:

Austin, Texas, May 26, 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 HBi1565 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.

7122 80th LEGISLATURE — REGULAR SESSION

HB 1565, A bill to be entitled An Act relating to the powers and duties of the Bexar Metropolitan Water District.

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

ARTICLE 1

SECTIONi1.1.iiSection 3, Chapter 306, Acts of the 49th Legislature, Regular Session, 1945, is amended to read as follows:

Sec.i3.iiIn addition to the powers vested by the Constitution and general laws in such public agency for the greatest practicable measure of the conservation, preservation, and beneficial utilization of its public waters, the power to control and utilize its public waters and to regulate the disposal and the disposal of sewage, waste, and refuse, the District shall have the following general powers:

(a)iiThrough every practical and legal means to develop, transport, deliver, distribute, store, and treat water for use within the District, including the storm and flood waters within the District, including the power to cooperate with the United States Government or any agency thereof, or any municipality, public, quasi-public or private agency and to contract, negotiate, and enter into agreements with any one or more of such agencies in effecting such purposes;

(b)ii[to store, control, and conserve storm and flood waters of its rivers and streams and to prevent the escape of any such waters without first obtaining therefrom a maximum of public service; to prevent devastation of property from overflow and to protect life and property from uncontrolled flood and storm waters;

[(c)]iito conserve and distribute waters essential for domestic and other uses by the inhabitants of the District, including necessary water supply for cities and towns situated within the District;

(c)i[(d)iito provide for the development of drainage systems to control, regulate, and dispose of all storm and flood waters of the District so as to protect effectively lives and property, and to utilize such waters for each and every purpose for which flood and storm waters when controlled, conserved, or regulated may be utilized as contemplated by the Constitution and the public policy therein declared;

[(e)]iito provide by purchase, construction, lease, gift, or in any other manner and to operate any and all facilities deemed by the District essential for preserving the purity of all the surface and underground waters of the District for the protection of the health of its inhabitants, and to formulate plans to make and enforce rules and regulations for the effective disposal of any and all sewage wastes, refuse, or residuum, however accumulated; which otherwise would contaminate, pollute, or render unsafe and insanitary the surface and underground waters of the District and which might threaten or impair the health of its inhabitants or which might adversely affect the health of the inhabitants downstream below the District;

(d)i[(f)]iito acquire by purchase, construction, lease, gift, or in any other manner (otherwise than by condemnation) and to maintain, use, and operate any and all property of any kind, real, personal, or mixed, or any interest therein

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7123

(e)i[(g)]iito acquire by condemnation any and all property of any kind, real, personal, or mixed, or any interest therein, within or outside of the boundaries of the District, necessary to the exercise of the powers, rights, privileges, and functions conferred by this Act, in the manner provided by General Law relative to condemnation, or at the option of the District, in the manner provided by law with respect to condemnation by agencies organized pursuant to Section 59, Article 16 of the Constitution of the State of Texas; provided that the District shall not have the right or power to so condemn any such property that may be owned by any other political subdivision, city, or town located within the District;

(f)i[(h)]iito cooperate, contract, and enter into agreements with towns, cities, districts, or political subdivisions located in or outside of the District and with Bexar County, in the construction, purchase, lease, maintenance, improvement, use, and operation of any and all facilities, works, and plants necessary or convenient to the accomplishment of the purposes for which the District was created;

(g)i[(i)]iito make contracts with any person, private corporation, municipal corporation, political subdivision, or the Board of Trustees thereof, operating water distribution facilities for the benefit of a city or town within the District, under which the District may perform services for such parties or such parties may perform services for the District, or under which either may operate all or any part of the facilities of the other, having due regard for the duties and obligations of such parties in the instrument prescribing their or its duties;

(h)i[(j)]iito construct, extend, improve, maintain, and reconstruct, to cause to be constructed, extended, improved, maintained, or reconstructed and to use and operate any and all facilities of any kind necessary or convenient to the exercise of the powers, rights, privileges, and functions conferred by this Act;

(i)i[(k)]iito sue and be sued in its corporate name;

(j)i[(l)]iito make by-laws for the management and regulation of its affairs conformably to the powers and purposes herein conferred and consistent with the Constitution of this State;

(k)i[(m)]iito make rules and regulations and to prescribe penalties for the breach of any rule or regulation of the District, which penalties shall not exceed fines of more than Two Hundred Dollars ($200), or imprisonment for more than thirty (30) days, or may provide both such fine and such imprisonment. The penalties hereby authorized shall be in addition to any other penalties provided by the laws of Texas and may be enforced by complaints filed in the appropriate court of jurisdiction in the county in which the district's principal office is located; provided, however, that no rule or regulation which provides a penalty for the violation thereof shall be in effect, as to enforcement of the penalty, until five days next after the district may have caused a substantive statement of the particular rule or regulation and the penalty for the violation thereof to be published, once a week for two consecutive weeks, in one or more

7124 80th LEGISLATURE — REGULAR SESSION

(l)i[(n)]iito adopt, use, and alter a corporate seal;

(m)i[(o)]iito appoint agents and employees; prescribe their duties and fix their compensation;

(n)i[(p)]iito make contracts and execute instruments necessary or convenient to the exercise of the powers, rights, privileges, and functions therein conferred;

(o)i[(q)]iito borrow money for its authorized purposes, to accept grants or loans or allotments from the United States Government or any of its agencies, or others, and in connection with any such grants, loans, or allotments to enter into such agreements as may be required to make them effective, and for the purpose of obtaining funds to issue its negotiable tax bonds and its negotiable revenue bonds in the manner and to the extent hereinafter provided;

(p)i[(r)]iito operate and maintain with consent of the governing body of any city, town, or political subdivision located in the District any works, plants, or facilities deemed necessary or convenient to the accomplishment of the purposes for which the District is created;

(q)i[(s)]iito enter into planning agreements with the Texas Water Development Board under Subchapter C, Chapter 16, Water Code, for the purpose of conducting studies necessary to maintain retail water supply services to customers within the boundaries of the District; and

(r)i[(t)]iito cooperate with and support local fire departments and economic development activities sponsored by local entities within the District that use water and water resources provided, or to be provided, by the District.

SECTIONi1.2.iiChapter 306, Acts of the 49th Legislature, Regular Session, 1945, is amended by adding Section 27D to read as follows:

Sec.i27D.ii(a) No later than 120 days after the text of this section becomes effective, the District shall:

(1)iiproduce a report of an assessment of the operations and maintenance condition of the District;

(2)iiproduce a status report of infrastructure improvements under construction;

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(3)iiproduce a report addressing the District's provision of water meeting Texas Commission on Environmental Quality (TCEQ) pressure and quality standards;

(4)iiprovide a report on customer service response time;

(5)iiproduce a report certifying any rate structure changes approved by the District and documenting a schedule for future changes to rate structure anticipated by the District; and

(6)iideliver these reports to the Utilities and District's section of the TCEQ and the oversight committee.

(b)iiNo later than 180 days after the text of this section becomes effective, the District shall produce an assessment of the District's financial condition and present it to the Utilities and District's section of the TCEQ and the oversight committee.

(c)iiNo later than 240 days after the text of this section becomes effective, the District shall:

(1)iiproduce a report of necessary improvements to the system and a schedule for the implementation of those improvements to ensure all service area improvements are included in the Capital Improvement Plan (CIP) and all service areas have defined Operating and Management (O&M) projects programmed to repair or replace existing aged infrastructure;

(2)iiproduce a report on the sustainability and adequacy of the water resources of the District and a plan for obtaining additional water resources if deficiencies exist; and

(3)iideliver these reports to the Utilities and District's section of the TCEQ and the oversight committee.

(d)iiNo later than one year after the text of this section becomes effective, the District shall:

(1)iiproduce a report on service delivery improvements that have been completed and that are in progress;

(2)iiproduce a report identifying all service improvements necessary for the system and a schedule for the completion of those improvements; and

(3)iideliver these reports to the Utilities and District's section of the TCEQ and the oversight committee.

(e)iiNo later than eighteen months after the text of this section becomes effective, the District shall adopt a uniform rate structure with rates that are equal to or lower than the rates of other large retail water providers in the region, except that the District may adopt higher rates if necessary to meet debt service obligations or debt coverage requirements.

SECTIONi1.3.iiChapter 306, Acts of the 49th Legislature, Regular Session, 1945, is amended by adding Section 32 to read as follows:

Sec.i32.ii(a) The District shall permit a customer to pay a bill at one or more retail locations in the District.

(b)iiThe District may not close a customer service branch that is in operation on June 1, 2007, unless a comparable customer service branch is opened. This subsection expires September 1, 2012.

7126 80th LEGISLATURE — REGULAR SESSION

SECTIONi1.4.iiChapter 306, Acts of the 49th Legislature, Regular Session, 1945, is amended by adding Section 27A to read as follows:

Sec.i27A.iiThe District shall submit to the oversight committee the following:

(a)iia schedule for achieving the objectives set out in Section 27D within six months of the date the text of this Section becomes effective;

(b)iievidence that the District has completed its three-year plan of improvements as adopted by the board of directors of the District prior to the effective date of this Act within one and one half years from the date the text of this Section becomes effective;

(c)iicurrent year audited annual financial statements indicating the financial condition of the district within thirty (30) days of completion;

(d)iia written projection of all rate and fee increases for three years following the effective date of this Act within six months of the date the text of this Section becomes effective;

(e)iia report summarizing the District's efforts to facilitate transition of service areas outside of Bexar and Atascosa Counties to other qualified local water utility service providers;

(f)iiany documentation or materials used in conducting a standard managerial and financial audit; and

(g)iiany other information the oversight committee requests.

SECTIONi1.5.iiChapter 306, Acts of the 49th Legislature, Regular Session, 1945, is amended by adding Section 27B to read as follows:

Sec.i27B.ii(a) The District shall maintain a file on each complaint received by the District that relates to retail water service provided by the District. The file must include:

(1)iithe name of the person who filed the complaint, unless the person requests anonymity;

(2)iithe date the District receives the complaint;

(3)iithe subject matter of the complaint;

(4)iithe name of each person contacted in relation to the complaint;

(5)iia summary of the results of the review or investigation of the complaint; and

(6)iian explanation of the reason the file was closed, if the District closed the file without taking action other than investigating the complaint.

(b)iiThe District shall establish and implement procedures for receiving complaints submitted through the Internet and orally.

SECTIONi1.6.iiChapter 306, Acts of the 49th Legislature, Regular Session, 1945, is amended by adding Section 27C to read as follows:

Sec.i27C.iiThe District shall maintain a rate structure that promotes and encourages conservation of water and provides for lower rates for customers using lower quantities of water.

SECTIONi1.7.iiChapter 306, Acts of the 49th Legislature, Regular Session, 1945, is amended by adding Section 27E to read as follows:

Sec.i27E.iiThe District shall implement an appeal and grievance process for employees of the District.

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7127

SECTIONi1.8.iiChapter 306, Acts of the 49th Legislature, Regular Session, 1945, is amended by adding Section 27F to read as follows:

Sec.i27F.iiThe legislature finds that:

(1)iithe Texas Commission on Environmental Quality has continuing jurisdiction over districts created under Section 52(b), Article III, and Section 59, Article XVI, Texas Constitution;

(2)iithe management and operation of the District demonstrate the need for an evaluation of the District by an independent third party such as the commission; and

(3)iithe commission has the expertise and authority necessary to conduct a thorough evaluation of the District and initiate actions to improve the management and operations of the District.

SECTIONi1.9.iiChapter 306, Acts of the 49th Legislature, Regular Session, 1945, is amended by adding Section 27G to read as follows:

Sec.i27G.ii(a) Not later than the 30th day after the effective date of the Act enacting this section, the Texas Commission on Environmental Quality shall begin an on-site evaluation of the District. The evaluation must include:

(1)iia description and analysis of the District's management structure, policies, practices and procedures, and recommendations for improving them;

(2)iia description and analysis of the decision-making policies and procedures of the board of directors of the District, and recommendations for improving the policies and procedures;

(3)iia narrative summary of the District's record of compliance with applicable state laws and commission rules, and recommendations for improving the District's record of compliance;

(4)iia narrative summary and analysis of the financial policies and practices of the District, including the District's bonded indebtedness and other forms of debt, and a comparison of the District's debt to other water purveyors in the area;

(5)iia description and analysis of the water rate-setting policies and practices of the District, and recommendations for improving the policies and practices;

(6)iia narrative summary of the District's infrastructure capital improvements budget and a comparison of the budget with the capital improvements budgets of other major water purveyors in the area, and recommendations for improving the District's long-range budget;

(7)iia compilation and analysis of customer water service interruptions during the preceding three years that resulted from inadequate infrastructure or other causes, and recommendations for preventing future service interruptions;

(8)iia compilation and analysis of incidents in which contaminated water was supplied to customers of the District during the preceding three years, a description of measures taken by the District to prevent contamination, and recommendations for preventing future contamination; and

(9)iia calculation of the annual volume of the District's unaccounted-for water, and recommendations for preventing future system leaks and related problems.

7128 80th LEGISLATURE — REGULAR SESSION

(b)iiOn commencement of the evaluation, the commission shall specify a time period for completion of the evaluation.

(c)iiThe commission may contract with utility management consultants, accountants, and other persons as necessary to conduct the evaluation.

(d)iiThe commission may require the District to reimburse the commission for the reasonable cost of conducting the evaluation.

(e)iiThe commission shall file copies of the completed evaluation with the oversight committee.

(f)iiOn completion of the evaluation, the commission may issue orders compelling any appropriate and necessary actions by the District under Chapter 49, Water Code, and the commission's rules regulating retail public utilities. If the commission finds that the District is incapable of operating the utility in a manner that provides adequate water service to current and future customers, the commission may include, in the final evaluation, a recommendation that the oversight committee consider the option of initiating the process of receivership appointment to operate the utility under Section 13.142, Water Code.

ARTICLE 2

SECTIONi2.1.iiChapter 306, Acts of the 49th Legislature, Regular Session, 1945, is amended by adding Section 33A to read as follows:

Sec.i33A.iiOVERSIGHT COMMITTEE. (a) In recognition of the important goal of the state in providing safe and efficient water supply services to the customers of the District and the necessity for state oversight and regulation of the District to ensure the achievement of this goal there is created the Bexar Metropolitan Water District Oversight Committee.

(b)iiThe oversight committee shall monitor the progress of the district in maintaining a rate structure that conserves water, provides adequate service to low-income customers, and assists in creating uniform rates among water utility providers in the region; the oversight committee also shall monitor the quality of service provided by the district; monitor the plans by the district to provide for sustainability of water resources and plan for infrastructure needs; identify regulatory and statutory barriers to achievement of the district's goals, and make recommendations to the Legislature, if necessary; and perform any other oversight function deemed appropriate by the oversight committee.

(c)iiThe oversight committee is comprised of 5 members appointed to represent the following members:

(1)iithe Senator sponsor of this Act, or, in the event this Senator cannot serve, a Senator appointed by the Lieutenant Governor;

(2)iithe House author of this Act, or, in the event this Representative cannot serve, a Representative appointed by the Speaker of the Texas House of Representatives;

(3)iione member with special expertise in the operation of public water utilities appointed by the Governor;

(4)iione member appointed by the Governor to represent the public; and

(5)iia member of the Bexar County Commissioners Court who represents a precinct in which customers of the District reside.

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7129

(d)iiA member of the oversight committee is not entitled to receive compensation for service on the oversight committee but is entitled to reimbursement of the travel expenses incurred by the member while conducting the business of the oversight committee, as provided by the General Appropriations Act.

(e)iiThe oversight committee shall prepare a comprehensive report to the House and Senate Natural Resources Committee on its findings and recommendations concerning the District's ability to meet service and financial standards and any legislative changes needed in the District's authority or governance.

(f)iiThe District shall provide staff support for the oversight committee.

SECTIONi2.2.iiSubject to approval by the Legislative Audit Committee for inclusion in the annual audit plan, the state auditor shall conduct a financial audit of the District upon passage of this Act and submit the findings from the audit in a written report to the members of the oversight committee, the board of directors of the District, and the Texas Legislature. The District shall cooperate and provide assistance and access to all necessary records, confidential or unconfidential, to the state auditor in conducting the audit pursuant to this Section. The District shall reimburse the state auditor for the cost of performing the audit.

SECTIONi2.3.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.

SECTIONi2.4.iiNotwithstanding any other provision of this Act, nothing herein shall impair any Canyon Regional Water Authority project contract, project financing obligation issued or to be issued wherein the Bexar Metropolitan Water District is a CRWA member entity project participant.

SECTIONi2.5.iiNotwithstanding any other Act enacted during the 80th Texas Legislature and notwithstanding Sections 311.025 and 312.014, Government Code, this Act prevails over any other Act relating to or amending Chapter 306, Acts of the 49th Legislature, Regular Session, 1945.

SECTIONi2.6.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.

7130 80th LEGISLATURE — REGULAR SESSION

Representative Puente moved to adopt the conference committee report on HBi1565.

(Oliveira now present)

A record vote was requested.

The motion to adopt the conference committee report on HBi1565 prevailed by (Record 2000): 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; Chisum; Christian; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; 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; 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.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno; Morrison; Mowery; Murphy; Naishtat; 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; Truitt; Turner; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.

Present, not voting — Mr. Speaker(C).

Absent — Branch; Chavez; Davis, Y.; Hamilton; Miles; Noriega; Riddle; Thompson.

STATEMENTS OF VOTE

When Record No. 2000 was taken, I was in the house but away from my desk. I would have voted yes.

Branch

When Record No. 2000 was taken, I was in the house but away from my desk. I would have voted yes.

Miles

(Noriega now present)

(Speaker pro tempore in the chair)

SB 758 - RULES SUSPENDED

Representative Rose moved to suspend all necessary rules to consider the conference committee report on SB 758.

The motion prevailed.

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7131

SB 758 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Rose submitted the conference committee report on SBi758.

Representative Rose moved to adopt the conference committee report on SBi758.

A record vote was requested.

The motion to adopt the conference committee report on SBi758 prevailed by (Record 2001): 142 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Anchia; Anderson; 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, J.; 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; 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.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; 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; Taylor; Truitt; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.

Present, not voting — Mr. Speaker; Turner(C).

Absent — Chavez; Davis, Y.; Hamilton; Miles; Pierson; Thompson.

STATEMENT OF VOTE

When Record No. 2001 was taken, I was in the house but away from my desk. I would have voted yes.

Miles

HB 2072 - RULES SUSPENDED

Representative Guillen moved to suspend all necessary rules to consider the conference committee report on HB 2072.

The motion prevailed.

HB 2072 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Guillen submitted the following conference committee report on HBi2072:

Austin, Texas, May 26, 2007

The Honorable David Dewhurst

President of the Senate

7132 80th LEGISLATURE — REGULAR SESSION

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 HBi2072 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.

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.

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

SECTIONi1.iiSubchapter A, Chapter 8803, Special District Local Laws Code, is amended by adding Section 8803.004 to read as follows:

Sec.i8803.004.iiCONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held before September 1, 2009:

(1)iithe district is dissolved on September 1, 2009, except that:

(A)iiany debts incurred shall be paid;

(B)iiany assets that remain after the payment of debts shall be transferred to Starr 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, 2012.

SECTIONi2.iiChapter 8803, Special District Local Laws Code, is amended by adding Subchapter A-1 to read as follows:

SUBCHAPTERiA-1.iiTEMPORARY PROVISIONS

Sec.i8803.021.iiAPPOINTMENT OF TEMPORARY DIRECTORS. (a) Not later than the 45th day after the effective date of this subchapter, five temporary directors shall be appointed as follows:

(1)iithe Starr County Commissioners Court shall appoint four temporary directors, with one of the temporary directors appointed from each of the four commissioners precincts in the county to represent the precinct in which the temporary director resides; and

(2)iithe county judge of Starr County shall appoint one temporary director who resides in the district to represent the district at large.

(b)iiIf there is a vacancy on the temporary board of directors of the district, the remaining temporary directors shall appoint a person to fill the vacancy in a manner that meets the representational requirements of this section.

(c)iiTemporary directors serve until the earlier of:

(1)iithe time the temporary directors become initial directors as provided by Section 8803.024; or

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(2)iithe date this chapter expires under Section 8803.004.

Sec.i8803.022.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 Starr County Courthouse.

Sec.i8803.023.iiCONFIRMATION ELECTION. (a)iiThe temporary directors shall hold an election to confirm the creation of the district.

(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. The provision of Section 36.017(d), Water Code, relating to the election of permanent directors does not apply to a confirmation election under this section.

(d)iiStarr County may pay for any portion of the costs incident to the district's confirmation election.

Sec.i8803.024.iiINITIAL DIRECTORS. (a) If creation of the district is confirmed at an election held under Section 8803.023, the temporary directors of the district become the initial directors of the district and serve on the board of directors until permanent directors are elected under Section 8803.025.

(b)iiThe initial directors for county precincts 2 and 3 serve a term expiring June 1 following the first regularly scheduled election of directors under Section 8803.025, and the initial directors for county precincts 1 and 4 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.i8803.025.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 authorized to be created at a confirmation election, an election shall be held in the district for the election of two directors to replace the initial directors who, under Section 8803.024(b), serve a term expiring June 1 following that election.

Sec.i8803.026.iiEXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2012.

SECTIONi3.iiSections 5, 6, 7, 8, 9, and 11, Chapter 451, Acts of the 79th Legislature, Regular Session, 2005, are repealed.

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 Guillen moved to adopt the conference committee report on HBi2072.

A record vote was requested.

7134 80th LEGISLATURE — REGULAR SESSION

The motion to adopt the conference committee report on HBi2072 prevailed by (Record 2002): 144 Yeas, 0 Nays, 2 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.; 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; 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; Miller; Moreno; Morrison; Mowery; Murphy; Naishtat; Noriega; 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; Solomons; Strama; Straus; Swinford; Talton; Taylor; Truitt; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.

Present, not voting — Mr. Speaker; Turner(C).

Absent — Davis, Y.; Miles; Parker; Thompson.

STATEMENT OF VOTE

When Record No. 2002 was taken, I was in the house but away from my desk. I would have voted yes.

Miles

SB 8 - RULES SUSPENDED

Representative Flynn moved to suspend all necessary rules to consider the conference committee report on SB 8.

The motion prevailed.

SB 8 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Flynn submitted the conference committee report on SBi8.

Representative Flynn moved to adopt the conference committee report on SBi8.

A record vote was requested.

The motion to adopt the conference committee report on SBi8 prevailed by (Record 2003): 140 Yeas, 4 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Anchia; Anderson; 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.; Delisi; Deshotel; Driver; Dukes;

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7135

Nays — Aycock; Harper-Brown; Phillips; Riddle.

Present, not voting — Mr. Speaker; Turner(C).

Absent — Davis, Y.; Garcia; Miles; Thompson.

STATEMENTS OF VOTE

I was shown voting yes on Record No. 2003. I intended to vote no.

Christian

When Record No. 2003 was taken, I was in the house but away from my desk. I would have voted yes.

Miles

HR 2805 - ADOPTED
(by Chavez, Haggerty, Moreno, Pickett, and Quintanilla)

Representative Chavez moved to suspend all necessary rules to take up and consider at this time HRi2805.

The motion prevailed.

The following resolution was laid before the house:

HR 2805, In memory of the Honorable Nancy Hanks McDonald of Austin.

HR 2805 was read and was unanimously adopted by a rising vote.

On motion of Representative Pickett, the names of all the members of the house were added to HRi2805 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representatives Moreno, Chavez, and Haggerty who introduced family members of the Honorable Nancy Hanks McDonald.

HR 2948 - ADOPTED
(by Hughes, Rose, Rodriguez, Parker, and Turner)

Representative Hughes moved to suspend all necessary rules to take up and consider at this time HRi2948.

7136 80th LEGISLATURE — REGULAR SESSION

The motion prevailed.

The following resolution was laid before the house:

HR 2948, In memory of Emilio Gonzales of Lockhart.

HR 2948 was read and was unanimously adopted by a rising vote.

On motion of Representative Parker, the names of all the members of the house were added to HRi2948 as signers thereof.

HCR 253 - MOTION TO ADD NAMES

On motion of Representative Kuempel, the names of all the members of the house were added to HCRi253 as signers thereof.

HR 2889 - ADOPTED
(by T. King)

Representative T. King moved to suspend all necessary rules to take up and consider at this time HRi2889.

The motion prevailed.

The following resolution was laid before the house:

HR 2889, Congratulating the Medina Valley High School boys' golf team on winning the 2007 UIL Class 3A State Golf Championship.

HR 2889 was adopted.

(Y. Davis now present)

HR 2904 - ADOPTED
(by Swinford)

Representative Swinford moved to suspend all necessary rules to take up and consider at this time HRi2904.

The motion prevailed.

The following resolution was laid before the house:

HR 2904, Honoring Seiji Yamaguchi of Nippon Meat Packers for his role in establishing Texas Farm as a leading business in Perryton.

HR 2904 was adopted.

SB 530 - RULES SUSPENDED

Representative Eissler moved to suspend all necessary rules to consider the conference committee report on SB 530.

The motion prevailed.

SB 530 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Eissler submitted the conference committee report on SBi530.

Representative Eissler moved to adopt the conference committee report on SBi530.

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7137

A record vote was requested.

The motion to adopt the conference committee report on SBi530 prevailed by (Record 2004): 139 Yeas, 4 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Anchia; Anderson; Bailey; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chavez; Chisum; Cohen; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; 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; 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; Miller; Moreno; 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; Solomons; Strama; Straus; Swinford; Talton; Taylor; Truitt; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.

Nays — Aycock; Christian; Harper-Brown; Phillips.

Present, not voting — Mr. Speaker; Turner(C).

Absent — Davis, Y.; Garcia; Merritt; Miles; Thompson.

STATEMENT OF VOTE

When Record No. 2004 was taken, I was in the house but away from my desk. I would have voted yes.

Miles

SB 718 - RULES SUSPENDED

Representative Gattis moved to suspend all necessary rules to consider the conference committee report on SB 718.

The motion prevailed.

SB 718 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Gattis submitted the conference committee report on SBi718.

Representative Gattis moved to adopt the conference committee report on SBi718.

A record vote was requested.

The motion to adopt the conference committee report on SBi718 prevailed by (Record 2005): 144 Yeas, 0 Nays, 2 Present, not voting.

7138 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.; 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, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno; 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; Truitt; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.

Present, not voting — Mr. Speaker; Turner(C).

Absent — Garcia; King, T.; Miles; Thompson.

STATEMENT OF VOTE

When Record No. 2005 was taken, I was in the house but away from my desk. I would have voted yes.

Miles

HB 1386 - RULES SUSPENDED

Representative P. King moved to suspend all necessary rules to consider the conference committee report on HB 1386.

The motion prevailed.

HB 1386 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative P. King submitted the following conference committee report on HBi1386:

Austin, Texas, May 26, 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 HBi1386 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.

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7139

HB 1386, A bill to be entitled An Act relating to regulation of the decommissioning costs of certain nuclear-powered commercial electric generating units.

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

SECTIONi1.iiSubchapter E, Chapter 39, Utilities Code, is amended by adding Section 39.206 to read as follows:

Sec.i39.206.iiNUCLEAR GENERATING UNIT DECOMMISSIONING COST PLAN. (a) For purposes of this section:

(1)ii"Decommissioning" includes decommissioning and decontamination of a nuclear generating unit consistent with federal Nuclear Regulatory Commission requirements.

(2)ii"Nuclear decommissioning trust" means an external and irrevocable trust created for the purpose of funding decommissioning obligations for a nuclear generating unit, consistent with federal Nuclear Regulatory Commission requirements.

(3)ii"Nuclear generating unit" means an electric generating facility that uses nuclear energy to generate electricity for sale and is licensed by the Nuclear Regulatory Commission and was under construction in this state after January 1, 2007, but before January 1, 2015.

(4)ii"Power generation company" has the meaning assigned by Section 31.002.

(5)ii"Retail electric customer" means a retail electric customer:

(A)iiin a geographic area of this state in which retail customer choice has been implemented; or

(B)iiof a municipally owned utility or electric cooperative that has an agreement to purchase power from a nuclear generating unit.

(b)iiThis section applies only to the first six nuclear generation units under construction by January 1, 2015, owned in whole or in part by a power generation company that elects to utilize the decommissioning mechanism set forth in this section.

(c)iiNothing in this section shall be construed to require a power generation company to use a commission approved method to provide funds for decommissioning, if the power generation company can otherwise satisfy the decommissioning financial assurance requirements of the federal Nuclear Regulatory Commission.

(d)iiA power generation company that owns a nuclear generating unit shall fund out of operating revenues on an annual basis:

(1)iithe costs associated with funding the decommissioning obligations for the nuclear generating unit; or

(2)iithe power generation company's portion of the decommissioning costs for the nuclear generating unit in proportion to the company's ownership interest in the nuclear generating unit if the unit is owned by more than one person.

7140 80th LEGISLATURE — REGULAR SESSION

(e)iiThe obligation to fund a nuclear decommissioning trust fund is not dischargeable in bankruptcy.

(f)iiA power generation company shall establish a nuclear decommissioning trust for a nuclear generating unit it owns or for the proportionate share of a nuclear generating unit of which it owns a part. The funding obligations for the trust must begin before the nuclear generating unit commences its initial fuel load and begins commercial operation to generate power for sale. The terms of the trust must be consistent with trust terms and conditions the federal Nuclear Regulatory Commission requires for providing financial assurance for decommissioning.

(g)iiThe commission by order shall establish for a nuclear generating unit the amount of annual decommissioning funding necessary to meet the decommissioning obligations for the nuclear generating unit over the unit's operating license period as established by the federal Nuclear Regulatory Commission or over a shorter period of time at the election of the power generation company. The power generation company shall perform a study on the cost of decommissioning to establish the decommissioning obligations before the nuclear generating unit begins commercial operation to generate power for sale. The study shall be performed by the power generation company at least once in each three-year period during the unit's operating license period using the most current reasonably available information on the cost of decommissioning. The commission shall conduct a proceeding at least once in each three-year period to review the study and other current reasonably available information on the cost of decommissioning and determine the reasonableness of the study.

(h)iiA power generation company shall file an annual report to provide the status of the decommissioning trust fund and to update the commission as to its ability to fund the decommissioning trust fund. In determining the amount of the annual decommissioning funding under this subsection, at least once in each three-year period, the commission shall conduct a proceeding to review the balance of each nuclear decommissioning trust and the projected amount of annual decommissioning funding for the associated nuclear generating unit. On the conclusion of the review proceeding, the commission by order shall revise the amount of annual funding for the nuclear generating unit in order to ensure that the nuclear decommissioning trust fund is adequately funded.

(i)iiA power generation company shall remit the appropriate amount of annual decommissioning funding to the nuclear decommissioning trust created for its proportionate ownership position in a nuclear generating unit in accordance with the commission's funding order issued under Subsection (g) or (h). The commission shall take appropriate actions to ensure proper funding of the nuclear decommissioning trust, including possibly terminating the power generation company's registration to operate, if the company violates this subsection.

(j)iiA power generation company that owns a nuclear generating unit is the funds administrator of the nuclear decommissioning trust for the associated nuclear generating unit. The company, as funds administrator, shall invest the trust funds in accordance with guidelines established by commission rule and

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7141

(k)iiThe commission shall adopt rules necessary to ensure that:

(1)iia power generation company remits sufficient funds to a nuclear decommissioning trust on an annual basis, including projected earnings to approximate the amount remaining to be accumulated to cover the cost of decommissioning a nuclear generating unit at the end of its operating license period divided by the remaining years of the license and in accordance with applicable state and federal laws and regulations or over a shorter period of time at the election of the power generation company;

(2)iithe periodic cost studies and reviews described in Subsections (g) and (h) include all current reasonably available information as determined necessary and appropriate by the commission;

(3)iiall funds remitted to a nuclear decommissioning trust are prudently managed and spent for their intended purpose;

(4)iithe funds remitted to a nuclear decommissioning trust and the amounts earned from investing the funds, will be available for, and restricted to the purpose of decommissioning of the associated nuclear generating unit, including if the trust or nuclear generating unit is transferred to another person; and

(5)iibefore a power generation company is allowed to take advantage of the mechanisms in this section, the company meets creditworthiness standards established by the commission to minimize the risk that retail electric customers will be responsible for funding any shortfall in the cost of decommissioning a nuclear generating unit.

(l)iiIn addition to the nuclear decommissioning trust required by Subsection (f), for purposes of Subsection (k), the power generation company and its parent and affiliates shall provide financial assurances that funds will be available to satisfy up to 16 years of annual decommissioning funding in the event the power generation company defaults on its obligation to make annual funding to the decommissioning trust. Within 180 days after the effective date of this section, the commission by rule shall establish the acceptable forms of financial assurance, which shall include, but not be limited to, parent guarantees and support agreements, letters of credit, surety or insurance, and such other requirements necessary to ensure compliance with this section. In establishing the acceptable forms of assurance, and the eligibility requirements for each form of assurance, the commission shall consider the relative risk factors and creditworthiness attributes of potential applicant financial characteristics in order to minimize exposure of retail electric customers to default by power generation companies under this section. The power generation company may choose the manner of financial assurance for which it is eligible under the commission's rules.

7142 80th LEGISLATURE — REGULAR SESSION

(m)iiIn the event the financial assurances provided by Subsection (k) are insufficient to meet the annual funding requirements of the decommissioning trust, the retail electric customers shall be responsible for funding any shortfall in the cost of decommissioning the nuclear generating unit.

(n)iiThe commission shall determine the manner in which any shortfall in the cost of decommissioning a nuclear generating unit shall be recovered from retail electric customers in the state, consistent with law.

(o)iiFor retail electric customers of a municipally owned utility or an electric cooperative that has an agreement to purchase power from a nuclear generating unit, the amount of the shortfall in the cost of decommissioning the nuclear generating unit that the customers are responsible for is limited to a portion of that shortfall that bears the same proportion to the total shortfall as the amount of electric power generated by the nuclear generating unit and purchased by the municipally owned utility or electric cooperative bears to the total amount of power the nuclear generating unit generated.

(p)iiIf retail electric customers in this state become responsible for the costs of decommissioning a nuclear generating unit and incur costs under this section and the nuclear generating unit is operational, as a condition of operating the generating unit, the power generation company or any new owner shall repay the costs the electric customers incurred in the manner determined by the commission. The commission may authorize the repayment to occur over a period established by the commission.

(q)iiThe commission shall, in conjunction with the Nuclear Regulatory Commission, investigate the development of a mechanism whereby the State of Texas could ensure that funds for decommissioning will be obtained when necessary in the same manner as if the State of Texas were the licensee under federal law. The commission shall file legislative recommendations regarding any changes in law that may be necessary to carry out the purposes of this subsection prior to January 15, 2009, which may be combined with the report required by Section 31.003.

(r)iiThe commission by rule shall ensure that:

(1)iimoney for decommissioning a nuclear generating unit is prudently collected, managed, and spent for its intended purposes; and

(2)iidecommissioning money that remains unspent after decommissioning of the nuclear generating unit is complete is returned to the power generation company and the retail electric customers based on the proportionate amount of money the power generation company and retail electric customers paid into the fund.

SECTIONi2.iiThis Act takes effect September 1, 2007.

Representative P. King moved to adopt the conference committee report on HBi1386.

A record vote was requested.

The motion to adopt the conference committee report on HBi1386 prevailed by (Record 2006): 134 Yeas, 8 Nays, 4 Present, not voting.

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7143

Yeas — 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.; Crabb; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; England; 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; Hilderbran; Hill; Hodge; Homer; Hopson; Howard, C.; Hughes; Isett; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Morrison; Mowery; Murphy; Naishtat; O'Day; Oliveira; 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; Taylor; Truitt; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.

Nays — Allen; Escobar; Herrero; Hochberg; Howard, D.; Leibowitz; Moreno; Olivo.

Present, not voting — Mr. Speaker; Corte; Noriega; Turner(C).

Absent — Miles; Smith, W.; Talton; Thompson.

STATEMENTS OF VOTE

I was shown voting yes on Record No. 2006. I intended to vote no.

Castro

When Record No. 2006 was taken, I was in the house but away from my desk. I would have voted yes.

Miles

HB 3 - RULES SUSPENDED

Representative Puente moved to suspend all necessary rules to consider the conference committee report on HB 3.

The motion prevailed.

HB 3 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Puente submitted the following conference committee report on HBi3:

Austin, Texas, May 26, 2007

The Honorable David Dewhurst

President of the Senate

The Honorable Tom Craddick

Speaker of the House of Representatives

7144 80th LEGISLATURE — REGULAR SESSION

Sirs: We, your conference committee, appointed to adjust the differences between the senate and the house of representatives on HBi3 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.

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, and to the management of groundwater in the area regulated by the Edwards Aquifer Authority and to the operations and oversight of the authority.

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

ARTICLE 1. MANAGEMENT OF STATE WATER

SECTIONi1.01.iiThe heading to Section 5.506, Water Code, is amended to read as follows:

Sec.i5.506.iiEMERGENCY SUSPENSION OF PERMIT CONDITION RELATING TO, AND EMERGENCY AUTHORITY TO MAKE AVAILABLE WATER SET ASIDE FOR, BENEFICIAL INFLOWS TO AFFECTED BAYS AND ESTUARIES AND INSTREAM USES.

SECTIONi1.02.iiSection 5.506, Water Code, is amended by adding Subsection (a-1) and amending Subsections (b) and (c) to read as follows:

(a-1)iiState water that is set aside by the commission to meet the needs for freshwater inflows to affected bays and estuaries and instream uses under Section 11.1471(a)(2) may be made available temporarily for other essential beneficial uses if the commission finds that an emergency exists that cannot practically be resolved in another way.

(b)iiThe commission must give written notice of the proposed action [suspension] to the Parks and Wildlife Department before the commission suspends a permit condition under Subsection (a) or makes water available temporarily under Subsection (a-1) [this section]. The commission shall give the Parks and Wildlife Department an opportunity to submit comments on the proposed action [suspension] for a period of 72 hours from receipt of the notice and must consider those comments before issuing an order implementing the proposed action [imposing the suspension].

(c)iiThe commission may suspend a permit condition under Subsection (a) or make water available temporarily under Subsection (a-1) [this section] without notice except as required by Subsection (b).

SECTIONi1.03.iiSection 5.701(j), Water Code, is amended to read as follows:

(j)iiThe fee for other uses of water not specifically named in this section is $1 per acre-foot, except that no political subdivision may be required to pay fees to use water for recharge of underground freshwater-bearing sands and aquifers

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7145

SECTIONi1.04.iiSection 11.002, Water Code, is amended by adding Subdivisions (15), (16), (17), (18), and (19) to read as follows:

(15)ii"Environmental flow analysis" means the application of a scientifically derived process for predicting the response of an ecosystem to changes in instream flows or freshwater inflows.

(16)ii"Environmental flow regime" means a schedule of flow quantities that reflects seasonal and yearly fluctuations that typically would vary geographically, by specific location in a watershed, and that are shown to be adequate to support a sound ecological environment and to maintain the productivity, extent, and persistence of key aquatic habitats in and along the affected water bodies.

(17)ii"Environmental flow standards" means those requirements adopted by the commission under Section 11.1471.

(18)ii"Advisory group" means the environmental flows advisory group.

(19)ii"Science advisory committee" means the Texas environmental flows science advisory committee.

SECTIONi1.05.iiSection 11.023(a), Water Code, is amended to read as follows:

(a)iiTo the extent that state water has not been set aside by the commission under Section 11.1471(a)(2) to meet downstream instream flow needs or freshwater inflow needs, state [State] water may be appropriated, stored, or diverted for:

(1)iidomestic and municipal uses, including water for sustaining human life and the life of domestic animals;

(2)iiagricultural uses and industrial uses, meaning processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, including the development of power by means other than hydroelectric;

(3)iimining and recovery of minerals;

(4)iihydroelectric power;

(5)iinavigation;

(6)iirecreation and pleasure;

(7)iipublic parks; and

(8)iigame preserves.

SECTIONi1.06.iiSection 11.0235, Water Code, is amended by amending Subsections (c) and (e) and adding Subsections (d-1) through (d-6) and (f) to read as follows:

(c)iiThe legislature has expressly required the commission while balancing all other public interests to consider and, to the extent practicable, provide for the freshwater inflows and instream flows necessary to maintain the viability of the state's streams, rivers, and bay and estuary systems in the commission's regular granting of permits for the use of state waters. As an essential part of the state's environmental flows policy, all permit conditions relating to freshwater inflows to

7146 80th LEGISLATURE — REGULAR SESSION

(d-1)iiThe legislature has determined that existing water rights that are converted to water rights for environmental purposes should be enforced in a manner consistent with the enforcement of water rights for other purposes as provided by the laws of this state governing the appropriation of state water.

(d-2)iiThe legislature finds that to provide certainty in water management and development and to provide adequate protection of the state's streams, rivers, and bays and estuaries, the state must have a process with specific timelines for prompt action to address environmental flow issues in the state's major basin and bay systems, especially those systems in which unappropriated water is still available.

(d-3)iiThe legislature finds that:

(1)iiin those basins in which water is available for appropriation, the commission should establish an environmental set-aside below which water should not be available for appropriation; and

(2)iiin those basins in which the unappropriated water that will be set aside for instream flow and freshwater inflow protection is not sufficient to fully satisfy the environmental flow standards established by the commission, a variety of market approaches, both public and private, for filling the gap must be explored and pursued.

(d-4)iiThe legislature finds that while the state has pioneered tools to address freshwater inflow needs for bays and estuaries, there are limitations to those tools in light of both scientific and public policy evolution. To fully address bay and estuary environmental flow issues, the foundation of work accomplished by the state should be improved. While the state's instream flow studies program appears to encompass a comprehensive and scientific approach for establishing a process to assess instream flow needs for rivers and streams across the state, more extensive review and examination of the details of the program, which may not be fully developed until the program is under way, are needed to ensure an effective tool for evaluating riverine environmental flow conditions.

(d-5)iiThe legislature finds that the management of water to meet instream flow and freshwater inflow needs should be evaluated on a regular basis and adapted to reflect both improvements in science related to environmental flows and future changes in projected human needs for water. In addition, the development of management strategies for addressing environmental flow needs should be an ongoing, adaptive process that considers and addresses local issues.

(d-6)iiThe legislature finds that recommendations for state action to protect instream flows and freshwater inflows should be developed through a consensus-based, regional approach involving balanced representation of stakeholders and that such a process should be encouraged throughout the state.

(e)iiThe fact that greater pressures and demands are being placed on the water resources of the state makes it of paramount importance to ensure [reexamine the process for ensuring] that these important priorities are effectively addressed by detailing how environmental flow standards are to be developed

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7147

(f)iiThe legislature recognizes that effective implementation of the approach provided by this chapter for protecting instream flows and freshwater inflows will require more effective water rights administration and enforcement systems than are currently available in most areas of the state.

SECTIONi1.07.iiSubchapter B, Chapter 11, Water Code, is amended by adding Sections 11.0236, 11.02361, 11.02362, and 11.0237 to read as follows:

Sec.i11.0236.iiENVIRONMENTAL FLOWS ADVISORY GROUP. (a) In recognition of the importance that the ecological soundness of our riverine, bay, and estuary systems and riparian lands has on the economy, health, and well-being of the state there is created the environmental flows advisory group.

(b)iiThe advisory group is composed of nine members as follows:

(1)iithree members appointed by the governor;

(2)iithree members of the senate appointed by the lieutenant governor; and

(3)iithree members of the house of representatives appointed by the speaker of the house of representatives.

(c)iiOf the members appointed under Subsection (b)(1):

(1)iione member must be a member of the commission;

(2)iione member must be a member of the board; and

(3)iione member must be a member of the Parks and Wildlife Commission.

(d)iiEach member of the advisory group serves at the will of the person who appointed the member.

(e)iiThe appointed senator with the most seniority and the appointed house member with the most seniority serve together as co-presiding officers of the advisory group.

(f)iiA member of the advisory group is not entitled to receive compensation for service on the advisory group but is entitled to reimbursement of the travel expenses incurred by the member while conducting the business of the advisory group, as provided by the General Appropriations Act.

(g)iiThe advisory group may accept gifts and grants from any source to be used to carry out a function of the advisory group.

(h)iiThe commission shall provide staff support for the advisory group.

(i)iiThe advisory group shall conduct public hearings and study public policy implications for balancing the demands on the water resources of the state resulting from a growing population with the requirements of the riverine, bay, and estuary systems including granting permits for instream flows dedicated to environmental needs or bay and estuary inflows, use of the Texas Water Trust, and any other issues that the advisory group determines have importance and relevance to the protection of environmental flows. In evaluating the options for providing adequate environmental flows, the advisory group shall take notice of the strong public policy imperative that exists in this state recognizing that

7148 80th LEGISLATURE — REGULAR SESSION

(1)iiways that the ecological soundness of those systems will be ensured in the water rights administration and enforcement and water allocation processes; and

(2)iiappropriate methods to encourage persons voluntarily to convert reasonable amounts of existing water rights to use for environmental flow protection temporarily or permanently.

(j)iiThe advisory group may adopt rules, procedures, and policies as needed to administer this section, to implement its responsibilities, and to exercise its authority under Sections 11.02361 and 11.02362.

(k)iiChapter 2110, Government Code, does not apply to the size, composition, or duration of the advisory group.

(l)iiNot later than December 1, 2008, and every two years thereafter, the advisory group shall issue and promptly deliver to the governor, lieutenant governor, and speaker of the house of representatives copies of a report summarizing:

(1)iiany hearings conducted by the advisory group;

(2)iiany studies conducted by the advisory group;

(3)iiany legislation proposed by the advisory group;

(4)iiprogress made in implementing Sections 11.02361 and 11.02362; and

(5)iiany other findings and recommendations of the advisory group.

(m)iiThe advisory group is abolished on the date that the commission has adopted environmental flow standards under Section 11.1471 for all of the river basin and bay systems in this state.

Sec.i11.02361.iiTEXAS ENVIRONMENTAL FLOWS SCIENCE ADVISORY COMMITTEE. (a) The Texas environmental flows science advisory committee consists of at least five but not more than nine members appointed by the advisory group.

(b)iiThe advisory group shall appoint to the science advisory committee persons who will provide an objective perspective and diverse technical expertise, including expertise in hydrology, hydraulics, water resources, aquatic and terrestrial biology, geomorphology, geology, water quality, computer modeling, and other technical areas pertinent to the evaluation of environmental flows.

(c)iiMembers of the science advisory committee serve five-year terms expiring March 1. A vacancy on the science advisory committee is filled by appointment by the co-presiding officers of the advisory group for the unexpired term.

(d)iiChapter 2110, Government Code, does not apply to the size, composition, or duration of the science advisory committee.

(e)iiThe science advisory committee shall:

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(1)iiserve as an objective scientific body to advise and make recommendations to the advisory group on issues relating to the science of environmental flow protection; and

(2)iidevelop recommendations to help provide overall direction, coordination, and consistency relating to:

(A)iienvironmental flow methodologies for bay and estuary studies and instream flow studies;

(B)iienvironmental flow programs at the commission, the Parks and Wildlife Department, and the board; and

(C)iithe work of the basin and bay expert science teams described in Section 11.02362.

(f)iiTo assist the advisory group to assess the extent to which the recommendations of the science advisory committee are considered and implemented, the commission, the Parks and Wildlife Department, and the board shall provide written reports to the advisory group, at intervals determined by the advisory group, that describe:

(1)iithe actions taken by each agency in response to each recommendation; and

(2)iifor each recommendation not implemented, the reason it was not implemented.

(g)iiThe science advisory committee is abolished on the date the advisory group is abolished under Section 11.0236(m).

Sec.i11.02362.iiDEVELOPMENT OF ENVIRONMENTAL FLOW REGIME RECOMMENDATIONS. (a) For the purposes of this section, the advisory group, not later than November 1, 2007, shall define the geographical extent of each river basin and bay system in this state for the sole purpose of developing environmental flow regime recommendations under this section and adoption of environmental flow standards under Section 11.1471.

(b)iiThe advisory group shall give priority in descending order to the following river basin and bay systems of the state for the purpose of developing environmental flow regime recommendations and adopting environmental flow standards:

(1)iithe river basin and bay system consisting of the Trinity and San Jacinto Rivers and Galveston Bay and the river basin and bay system consisting of the Sabine and Neches Rivers and Sabine Lake Bay;

(2)iithe river basin and bay system consisting of the Colorado and Lavaca Rivers and Matagorda and Lavaca Bays and the river basin and bay system consisting of the Guadalupe, San Antonio, Mission, and Aransas Rivers and Mission, Copano, Aransas, and San Antonio Bays; and

(3)iithe river basin and bay system consisting of the Nueces River and Corpus Christi and Baffin Bays, the river basin and bay system consisting of the Rio Grande, the Rio Grande estuary, and the Lower Laguna Madre, and the Brazos River and its associated bay and estuary system.

(c)iiFor the river basin and bay systems listed in Subsection (b)(1):

(1)iithe advisory group shall appoint the basin and bay area stakeholders committee not later than November 1, 2007;

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(2)iithe basin and bay area stakeholders committee shall establish a basin and bay expert science team not later than March 1, 2008;

(3)iithe basin and bay expert science team shall finalize environmental flow regime recommendations and submit them to the basin and bay area stakeholders committee, the advisory group, and the commission not later than March 1, 2009, except that at the request of the basin and bay area stakeholders committee for good cause shown, the advisory group may extend the deadline provided by this subdivision;

(4)iithe basin and bay area stakeholders committee shall submit to the commission its comments on and recommendations regarding the basin and bay expert science team's recommended environmental flow regime not later than September 1, 2009; and

(5)iithe commission shall adopt the environmental flow standards as provided by Section 11.1471 not later than September 1, 2010.

(d)iiThe advisory group shall appoint the basin and bay area stakeholders committees for the river basin and bay systems listed in Subsection (b)(2) not later than September 1, 2008, and shall appoint the basin and bay area stakeholders committees for the river basin and bay systems listed in Subsection (b)(3) not later than September 1, 2009. The advisory group shall establish a schedule for the performance of the tasks listed in Subsections (c)(2) through (5) with regard to the river basin and bay systems listed in Subsections (b)(2) and (3) that will result in the adoption of environmental flow standards for that river basin and bay system by the commission as soon as is reasonably possible. Each basin and bay area stakeholders committee and basin and bay expert science team for a river basin and bay system listed in Subsection (b)(2) or (3) shall make recommendations to the advisory group with regard to the schedule applicable to that river basin and bay system. The advisory group shall consider the recommendations of the basin and bay area stakeholders committee and basin and bay expert science team as well as coordinate with, and give appropriate consideration to the recommendations of, the commission, the Parks and Wildlife Department, and the board in establishing the schedule.

(e)iiFor a river basin and bay system or a river basin that does not have an associated bay system in this state not listed in Subsection (b), the advisory group shall establish a schedule for the development of environmental flow regime recommendations and the adoption of environmental flow standards. The advisory group shall develop the schedule in consultation with the commission, the Parks and Wildlife Department, the board, and the pertinent basin and bay area stakeholders committee and basin and bay expert science team. The advisory group may, on its own initiative or on request, modify a schedule established under this subsection to be more responsive to particular circumstances, local desires, changing conditions, or time-sensitive conflicts. This subsection does not prohibit, in a river basin and bay system for which the advisory group has not yet established a schedule for the development of environmental flow regime recommendations and the adoption of environmental flow standards, an effort to develop information on environmental flow needs and ways in which those needs can be met by a voluntary consensus-building process.

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(f)iiThe advisory group shall appoint a basin and bay area stakeholders committee for each river basin and bay system in this state for which a schedule for the development of environmental flow regime recommendations and the adoption of environmental flow standards is specified by or established under Subsection (c), (d), or (e). Chapter 2110, Government Code, does not apply to the size, composition, or duration of a basin and bay area stakeholders committee. Each committee must consist of at least 17 members. The membership of each committee must:

(1)iireflect a fair and equitable balance of interest groups concerned with the particular river basin and bay system for which the committee is established; and

(2)iibe representative of appropriate stakeholders, including the following if they have a presence in the particular river basin and bay system for which the committee is established:

(A)iiagricultural water users, including representatives of each of the following sectors:

(i)iiagricultural irrigation;

(ii)iifree-range livestock; and

(iii)iiconcentrated animal feeding operation;

(B)iirecreational water users, including coastal recreational anglers and businesses supporting water recreation;

(C)iimunicipalities;

(D)iisoil and water conservation districts;

(E)iiindustrial water users, including representatives of each of the following sectors:

(i)iirefining;

(ii)iichemical manufacturing;

(iii)iielectricity generation; and

(iv)iiproduction of paper products or timber;

(F)iicommercial fishermen;

(G)iipublic interest groups;

(H)iiregional water planning groups;

(I)iigroundwater conservation districts;

(J)iiriver authorities and other conservation and reclamation districts with jurisdiction over surface water; and

(K)iienvironmental interests.

(g)iiMembers of a basin and bay area stakeholders committee serve five-year terms expiring March 1. If a vacancy occurs on a committee, the remaining members of the committee by majority vote shall appoint a member to serve the remainder of the unexpired term.

(h)iiMeetings of a basin and bay area stakeholders committee must be open to the public.

(i)iiEach basin and bay area stakeholders committee shall establish a basin and bay expert science team for the river basin and bay system for which the committee is established. The basin and bay expert science team must be established not later than six months after the date the basin and bay area

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(j)iiThe members of a basin and bay expert science team serve five-year terms expiring April 1. A vacancy on a basin and bay expert science team is filled by appointment by the pertinent basin and bay area stakeholders committee to serve the remainder of the unexpired term.

(k)iiThe science advisory committee shall appoint one of its members to serve as a liaison to each basin and bay expert science team to facilitate coordination and consistency in environmental flow activities throughout the state. The commission, the Parks and Wildlife Department, and the board shall provide technical assistance to each basin and bay expert science team, including information about the studies conducted under Sections 16.058 and 16.059, and may serve as nonvoting members of the basin and bay expert science team to facilitate the development of environmental flow regime recommendations.

(l)iiWhere reasonably practicable, meetings of a basin and bay expert science team must be open to the public.

(m)iiEach basin and bay expert science team shall develop environmental flow analyses and a recommended environmental flow regime for the river basin and bay system for which the team is established through a collaborative process designed to achieve a consensus. In developing the analyses and recommendations, the science team must consider all reasonably available science, without regard to the need for the water for other uses, and the science team's recommendations must be based solely on the best science available. For the Rio Grande below Fort Quitman, any uses attributable to Mexican water flows must be excluded from environmental flow regime recommendations.

(n)iiEach basin and bay expert science team shall submit its environmental flow analyses and environmental flow regime recommendations to the pertinent basin and bay area stakeholders committee, the advisory group, and the commission in accordance with the applicable schedule specified by or established under Subsection (c), (d), or (e). The basin and bay area stakeholders committee and the advisory group may not change the environmental flow analyses or environmental flow regime recommendations of the basin and bay expert science team.

(o)iiEach basin and bay area stakeholders committee shall review the environmental flow analyses and environmental flow regime recommendations submitted by the committee's basin and bay expert science team and shall consider them in conjunction with other factors, including the present and future needs for water for other uses related to water supply planning in the pertinent river basin and bay system. For the Rio Grande, the basin and bay area stakeholders committee shall also consider the water accounting requirements for any international water sharing treaty, minutes, and agreement applicable to the Rio Grande and the effects on allocation of water by the Rio Grande watermaster

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(p)iiIn recognition of the importance of adaptive management, after submitting its recommendations regarding environmental flow standards and strategies to meet the environmental flow standards to the commission, each basin and bay area stakeholders committee, with the assistance of the pertinent basin and bay expert science team, shall prepare and submit for approval by the advisory group a work plan. The work plan must:

(1)iiestablish a periodic review of the basin and bay environmental flow analyses and environmental flow regime recommendations, environmental flow standards, and strategies, to occur at least once every 10 years;

(2)iiprescribe specific monitoring, studies, and activities; and

(3)iiestablish a schedule for continuing the validation or refinement of the basin and bay environmental flow analyses and environmental flow regime recommendations, the environmental flow standards adopted by the commission, and the strategies to achieve those standards.

(q)iiIn accordance with the applicable schedule specified by or established under Subsection (c), (d), or (e), the advisory group, with input from the science advisory committee, shall review the environmental flow analyses and environmental flow regime recommendations submitted by each basin and bay expert science team. If appropriate, the advisory group shall submit comments on the analyses and recommendations to the commission for use by the commission in adopting rules under Section 11.1471. Comments must be submitted not later than six months after the date of receipt of the analyses and recommendations.

(r)iiNotwithstanding the other provisions of this section, in the event the commission, by permit or order, has established an estuary advisory council with specific duties related to implementation of permit conditions for environmental flows, that council may continue in full force and effect and shall act as and perform the duties of the basin and bay area stakeholders committee under this section. The estuary advisory council shall add members from stakeholder groups and from appropriate science and technical groups, if necessary, to fully meet the criteria for membership established in Subsection (f) and shall operate under the provisions of this section.

(s)iiEach basin and bay area stakeholders committee and basin and bay expert science team is abolished on the date the advisory group is abolished under Section 11.0236(m).

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Sec.i11.0237.iiWATER RIGHTS FOR INSTREAM FLOWS DEDICATED TO ENVIRONMENTAL NEEDS OR BAY AND ESTUARY INFLOWS. (a) The commission may not issue a new permit for instream flows dedicated to environmental needs or bay and estuary inflows. The commission may approve an application to amend an existing permit or certificate of adjudication to change the use to or add a use for instream flows dedicated to environmental needs or bay and estuary inflows.

(b)iiThis section does not alter the commission's obligations under Section 11.042(b) or (c), 11.046(b), 11.085(k)(2)(F), 11.134(b)(3)(D), 11.147, 11.1471, 11.1491, 11.150, 11.152, 16.058, or 16.059.

SECTIONi1.08.iiSection 11.082(b), Water Code, is amended to read as follows:

(b)iiThe state may recover the penalties prescribed in Subsection (a) [of this section] by suit brought for that purpose in a court of competent jurisdiction. The state may seek those penalties regardless of whether a watermaster has been appointed for the water division, river basin, or segment of a river basin where the unlawful use is alleged to have occurred.

SECTIONi1.09.iiSection 11.0841, Water Code, is amended by adding Subsection (c) to read as follows:

(c)iiFor purposes of this section, the Parks and Wildlife Department has:

(1)iithe rights of a holder of a water right that is held in the Texas Water Trust, including the right to file suit in a civil court to prevent the unlawful use of such a right;

(2)iithe right to act in the same manner that a holder of a water right may act to protect the holder's rights in seeking to prevent any person from appropriating water in violation of a set-aside established by the commission under Section 11.1471 to meet instream flow needs or freshwater inflow needs; and

(3)iithe right to file suit in a civil court to prevent the unlawful use of a set-aside established under Section 11.1471.

SECTIONi1.10.iiSection 11.0842(a), Water Code, is amended to read as follows:

(a)iiIf a person violates this chapter, a rule or order adopted under this chapter or Section 16.236 [of this code], or a permit, certified filing, or certificate of adjudication issued under this chapter, the commission may assess an administrative penalty against that person as provided by this section. The commission may assess an administrative penalty for a violation relating to a water division or a river basin or segment of a river basin regardless of whether a watermaster has been appointed for the water division or river basin or segment of the river basin.

SECTIONi1.11.iiSection 11.0843(a), Water Code, is amended to read as follows:

(a)iiUpon witnessing a violation of this chapter or a rule or order or a water right issued under this chapter, the executive director or a person designated by the executive director, including a watermaster or the watermaster's deputy, [as

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(1)iiwithout admitting to or denying the alleged violation, paying an administrative penalty in accordance with the predetermined penalty amount established under Subsection (b) [of this section] and taking remedial action as provided in the citation; or

(2)iirequesting a hearing on the alleged violation in accordance with Section 11.0842 [of this code].

SECTIONi1.12.iiSection 11.134(b), Water Code, is amended to read as follows:

(b)iiThe commission shall grant the application only if:

(1)iithe application conforms to the requirements prescribed by this chapter and is accompanied by the prescribed fee;

(2)iiunappropriated water is available in the source of supply;

(3)iithe proposed appropriation:

(A)iiis intended for a beneficial use;

(B)iidoes not impair existing water rights or vested riparian rights;

(C)iiis not detrimental to the public welfare;

(D)iiconsiders any applicable environmental flow standards established under Section 11.1471 and, if applicable, the assessments performed under Sections 11.147(d) and (e) and Sections 11.150, 11.151, and 11.152; and

(E)iiaddresses a water supply need in a manner that is consistent with the state water plan and the relevant approved regional water plan for any area in which the proposed appropriation is located, unless the commission determines that conditions warrant waiver of this requirement; and

(4)iithe applicant has provided evidence that reasonable diligence will be used to avoid waste and achieve water conservation as defined by [Subdivision (8)(B),] Section 11.002(8)(B) [11.002].

SECTIONi1.13.iiSection 11.147, Water Code, is amended by amending Subsections (b), (d), and (e) and adding Subsections (e-1), (e-2), and (e-3) to read as follows:

(b)iiIn its consideration of an application for a permit to store, take, or divert water, the commission shall assess the effects, if any, of the issuance of the permit on the bays and estuaries of Texas. For permits issued within an area that is 200 river miles of the coast, to commence from the mouth of the river thence inland, the commission shall include in the permit any conditions considered necessary to maintain beneficial inflows to any affected bay and estuary system, to the extent practicable when considering all public interests and the studies mandated by Section 16.058 as evaluated under Section 11.1491[, those conditions considered necessary to maintain beneficial inflows to any affected bay and estuary system].

(d)iiIn its consideration of an application to store, take, or divert water, the commission shall include in the permit, to the extent practicable when considering all public interests, those conditions considered by the commission necessary to maintain existing instream uses and water quality of the stream or

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(1)iithe studies mandated by Section 16.059; and

(2)iiany water quality assessment performed under Section 11.150.

(e)iiThe commission shall include in the permit, to the extent practicable when considering all public interests, those conditions considered by the commission necessary to maintain fish and wildlife habitats. In determining what conditions to include in the permit under this subsection, the commission shall consider any assessment performed under Section 11.152.

(e-1)iiAny permit for a new appropriation of water or an amendment to an existing water right that increases the amount of water authorized to be stored, taken, or diverted must include a provision allowing the commission to adjust the conditions included in the permit or amended water right to provide for protection of instream flows or freshwater inflows. With respect to an amended water right, the provision may not allow the commission to adjust a condition of the amendment other than a condition that applies only to the increase in the amount of water to be stored, taken, or diverted authorized by the amendment. This subsection does not affect an appropriation of or an authorization to store, take, or divert water under a permit or amendment to a water right issued before September 1, 2007. The commission shall adjust the conditions if the commission determines, through an expedited public comment process, that such an adjustment is appropriate to achieve compliance with applicable environmental flow standards adopted under Section 11.1471. The adjustment:

(1)iiin combination with any previous adjustments made under this subsection may not increase the amount of the pass-through or release requirement for the protection of instream flows or freshwater inflows by more than 12.5 percent of the annualized total of that requirement contained in the permit as issued or of that requirement contained in the amended water right and applicable only to the increase in the amount of water authorized to be stored, taken, or diverted under the amended water right;

(2)iimust be based on appropriate consideration of the priority dates and diversion locations of any other water rights granted in the same river basin that are subject to adjustment under this subsection; and

(3)iimust be based on appropriate consideration of any voluntary contributions to the Texas Water Trust, and of any voluntary amendments to existing water rights to change the use of a specified quantity of water to or add a use of a specified quantity of water for instream flows dedicated to environmental needs or bay and estuary inflows as authorized by Section 11.0237(a), that actually contribute toward meeting the applicable environmental flow standards.

(e-2)iiAny water right holder who makes a contribution or amends a water right as described by Subsection (e-1)(3) is entitled to appropriate credit for the benefits of the contribution or amendment against the adjustment of the holder's water right under Subsection (e-1).

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(e-3)iiNotwithstanding Subsections (b)-(e), for the purpose of determining the environmental flow conditions necessary to maintain freshwater inflows to an affected bay and estuary system, existing instream uses and water quality of a stream or river, or fish and aquatic wildlife habitats, the commission shall apply any applicable environmental flow standard, including any environmental flow set-aside, adopted under Section 11.1471 instead of considering the factors specified by those subsections.

SECTIONi1.14.iiSubchapter D, Chapter 11, Water Code, is amended by adding Section 11.1471 to read as follows:

Sec.i11.1471.iiENVIRONMENTAL FLOW STANDARDS AND SET-ASIDES. (a) The commission by rule shall:

(1)iiadopt appropriate environmental flow standards for each river basin and bay system in this state that are adequate to support a sound ecological environment, to the maximum extent reasonable considering other public interests and other relevant factors;

(2)iiestablish an amount of unappropriated water, if available, to be set aside to satisfy the environmental flow standards to the maximum extent reasonable when considering human water needs; and

(3)iiestablish procedures for implementing an adjustment of the conditions included in a permit or an amended water right as provided by Sections 11.147(e-1) and (e-2).

(b)iiIn adopting environmental flow standards for a river basin and bay system under Subsection (a)(1), the commission shall consider:

(1)iithe definition of the geographical extent of the river basin and bay system adopted by the advisory group under Section 11.02362(a) and the definition and designation of the river basin by the board under Section 16.051(c);

(2)iithe schedule established by the advisory group under Section 11.02362(d) or (e) for the adoption of environmental flow standards for the river basin and bay system, if applicable;

(3)iithe environmental flow analyses and the recommended environmental flow regime developed by the applicable basin and bay expert science team under Section 11.02362(m);

(4)iithe recommendations developed by the applicable basin and bay area stakeholders committee under Section 11.02362(o) regarding environmental flow standards and strategies to meet the flow standards;

(5)iiany comments submitted by the advisory group to the commission under Section 11.02362(q);

(6)iithe specific characteristics of the river basin and bay system;

(7)iieconomic factors;

(8)iithe human and other competing water needs in the river basin and bay system;

(9)iiall reasonably available scientific information, including any scientific information provided by the science advisory committee; and

(10)iiany other appropriate information.

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(c)iiEnvironmental flow standards adopted under Subsection (a)(1) must consist of a schedule of flow quantities, reflecting seasonal and yearly fluctuations that may vary geographically by specific location in a river basin and bay system.

(d)iiAs provided by Section 11.023, the commission may not issue a permit for a new appropriation or an amendment to an existing water right that increases the amount of water authorized to be stored, taken, or diverted if the issuance of the permit or amendment would impair an environmental flow set-aside established under Subsection (a)(2). A permit for a new appropriation or an amendment to an existing water right that increases the amount of water authorized to be stored, taken, or diverted that is issued after the adoption of an applicable environmental flow set-aside must contain appropriate conditions to ensure protection of the environmental flow set-aside.

(e)iiAn environmental flow set-aside established under Subsection (a)(2) for a river basin and bay system other than the middle and lower Rio Grande must be assigned a priority date corresponding to the date the commission receives environmental flow regime recommendations from the applicable basin and bay expert science team and be included in the appropriate water availability models in connection with an application for a permit for a new appropriation or for an amendment to an existing water right that increases the amount of water authorized to be stored, taken, or diverted.

(f)iiAn environmental flow standard or environmental flow set-aside adopted under Subsection (a) may be altered by the commission in a rulemaking process undertaken in accordance with a schedule established by the commission. In establishing a schedule, the commission shall consider the applicable work plan approved by the advisory group under Section 11.02362(p). The commission's schedule may not provide for the rulemaking process to occur more frequently than once every 10 years unless the work plan provides for a periodic review under Section 11.02362(p) to occur more frequently than once every 10 years. In that event, the commission may provide for the rulemaking process to be undertaken in conjunction with the periodic review if the commission determines that schedule to be appropriate. A rulemaking process undertaken under this subsection must provide for the participation of stakeholders having interests in the particular river basin and bay system for which the process is undertaken.

SECTIONi1.15.iiThe heading to Section 11.148, Water Code, is amended to read as follows:

Sec.i11.148.iiEMERGENCY SUSPENSION OF PERMIT CONDITIONS AND EMERGENCY AUTHORITY TO MAKE AVAILABLE WATER SET ASIDE FOR ENVIRONMENTAL FLOWS.

SECTIONi1.16.iiSection 11.148, Water Code, is amended by adding Subsection (a-1) and amending Subsections (b) and (c) to read as follows:

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(a-1)iiState water that is set aside by the commission to meet the needs for freshwater inflows to affected bays and estuaries and instream uses under Section 11.1471(a)(2) may be made available temporarily for other essential beneficial uses if the commission finds that an emergency exists that cannot practically be resolved in another way.

(b)iiBefore the commission suspends a permit condition under Subsection (a) or makes water available temporarily under Subsection (a-1) [of this section], it must give written notice to the Parks and Wildlife Department of the proposed action [suspension]. The commission shall give the Parks and Wildlife Department an opportunity to submit comments on the proposed action [suspension] within 72 hours from such time and the commission shall consider those comments before issuing its order implementing the proposed action [imposing the suspension].

(c)iiThe commission may suspend the permit condition under Subsection (a) or make water available temporarily under Subsection (a-1) without notice to any other interested party other than the Parks and Wildlife Department as provided by Subsection (b) [of this section]. However, all affected persons shall be notified immediately by publication, and a hearing to determine whether the suspension should be continued shall be held within 15 days of the date on which the order to suspend is issued.

SECTIONi1.17.iiSection 11.1491(a), Water Code, is amended to read as follows:

(a)iiThe Parks and Wildlife Department and the commission shall have joint responsibility to review the studies prepared under Section 16.058 [of this code], to determine inflow conditions necessary for the bays and estuaries, and to provide information necessary for water resources management. Each agency shall designate an employee to share equally in the oversight of the program. Other responsibilities shall be divided between the Parks and Wildlife Department and the commission to maximize present in-house capabilities of personnel and to minimize costs to the state. Each agency shall have reasonable access to all information produced by the other agency. Publication of reports completed under this section shall be submitted for comment to [both] the commission, [and] the Parks and Wildlife Department, the advisory group, the science advisory committee, and any applicable basin and bay area stakeholders committee and basin and bay expert science team.

SECTIONi1.18.iiSection 11.329(g), Water Code, is amended to read as follows:

(g)iiThe commission may not assess costs under this section against a holder of a non-priority hydroelectric right that owns or operates privately owned facilities that collectively have a capacity of less than two megawatts or against a holder of a water right placed in the Texas Water Trust for a term of at least 20 years. [This subsection is not intended to affect in any way the fees assessed on a water right holder by the commission under Section 1.29(d), Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993. For purposes of Section 1.29(d), Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, a holder of a non-priority hydroelectric right that owns or operates privately owned facilities

7160 80th LEGISLATURE — REGULAR SESSION

SECTIONi1.19.iiSection 11.404(e), Water Code, is amended to read as follows:

(e)iiThe court may not assess costs and expenses under this section against:

(1)iia holder of a non-priority hydroelectric right that owns or operates privately owned facilities that collectively have a capacity of less than two megawatts; or

(2)iia holder of a water right placed in the Texas Water Trust for a term of at least 20 years.

SECTIONi1.20.iiSubchapter I, Chapter 11, Water Code, is amended by adding Section 11.4531 to read as follows:

Sec.i11.4531.iiWATERMASTER ADVISORY COMMITTEE. (a) For each river basin or segment of a river basin for which the executive director appoints a watermaster under this subchapter, the executive director shall appoint a watermaster advisory committee consisting of at least nine but not more than 15 members. A member of the advisory committee must be a holder of a water right or a representative of a holder of a water right in the river basin or segment of the river basin for which the watermaster is appointed. In appointing members to the advisory committee, the executive director shall consider:

(1)iigeographic representation;

(2)iiamount of water rights held;

(3)iidifferent types of holders of water rights and users, including water districts, municipal suppliers, irrigators, and industrial users; and

(4)iiexperience and knowledge of water management practices.

(b)iiAn advisory committee member is not entitled to reimbursement of expenses or to compensation.

(c)iiAn advisory committee member serves a two-year term expiring August 31 of each odd-numbered year and holds office until a successor is appointed.

(d)iiThe advisory committee shall meet within 30 days after the date the initial appointments have been made and shall select a presiding officer to serve a one-year term. The committee shall meet regularly as necessary.

(e)iiThe advisory committee shall:

(1)iimake recommendations to the executive director regarding activities of benefit to the holders of water rights in the administration and distribution of water to holders of water rights in the river basin or segment of the river basin for which the watermaster is appointed;

(2)iireview and comment to the executive director on the annual budget of the watermaster operation; and

(3)iiperform other advisory duties as requested by the executive director regarding the watermaster operation or as requested by holders of water rights and considered by the committee to benefit the administration of water rights in the river basin or segment of the river basin for which the watermaster is appointed.

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SECTIONi1.21.iiSections 11.454 and 11.455, Water Code, are amended to read as follows:

Sec.i11.454.iiDUTIES AND AUTHORITY OF THE WATERMASTER. Section 11.327 applies to the duties and authority of a watermaster appointed for a river basin or segment of a river basin under this subchapter in the same manner as that section applies to the duties and authority of a watermaster appointed for a water division under Subchapter G [A watermaster as the agent of the commission and under the executive director's supervision shall:

[(1)iidivide the water of the streams or other sources of supply of his segment or basin in accordance with the authorized water rights;

[(2)iiregulate or cause to be regulated the controlling works of reservoirs and diversion works in time of water shortage, as is necessary because of the rights existing in the streams of his segment or basin, or as is necessary to prevent the waste of water or its diversion, taking, storage, or use in excess of the quantities to which the holders of water rights are lawfully entitled; and

[(3)iiperform any other duties and exercise any authority directed by the commission].

Sec.i11.455.iiCOMPENSATION AND EXPENSES OF WATERMASTER [ASSESSMENTS]. (a) Section 11.329 applies to the payment of the compensation and expenses of a watermaster appointed for a river basin or segment of a river basin under this subchapter in the same manner as that section applies to the payment of the compensation and expenses of a watermaster appointed for a water division under Subchapter G.

(b)iiThe executive director shall deposit the assessments collected under this section to the credit of the watermaster fund.

(c)iiMoney deposited under this section to the credit of the watermaster fund may be used only for the purposes specified by Section 11.3291 with regard to the watermaster operation under this subchapter with regard to which the assessments were collected [The commission may assess the costs of the watermaster against all persons who hold water rights in the river basin or segment of the river basin under the watermaster's jurisdiction in accordance with Section 11.329 of this code].

SECTIONi1.22.iiSubchapter F, Chapter 15, Water Code, is amended by adding Section 15.4063 to read as follows:

Sec.i15.4063.iiENVIRONMENTAL FLOWS FUNDING. The board may authorize the use of money in the research and planning fund:

(1)iito compensate the members of the Texas environmental flows science advisory committee established under Section 11.02361 for attendance and participation at meetings of the committee and for transportation, meals, lodging, or other travel expenses associated with attendance at those meetings as provided by the General Appropriations Act;

(2)iifor contracts with cooperating state and federal agencies and universities and with private entities as necessary to provide technical assistance to enable the Texas environmental flows science advisory committee and the basin and bay expert science teams established under Section 11.02362 to perform their statutory duties;

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(3)iito compensate the members of the basin and bay expert science teams established under Section 11.02362 for attendance and participation at meetings of the basin and bay expert science teams and for transportation, meals, lodging, or other travel expenses associated with attendance at those meetings as provided by the General Appropriations Act; and

(4)iifor contracts with political subdivisions designated as representatives of basin and bay area stakeholders committees established under Section 11.02362 to fund all or part of the administrative expenses incurred in conducting meetings of the basin and bay area stakeholders committees or the pertinent basin and bay expert science teams.

SECTIONi1.23.iiSection 16.059(d), Water Code, is amended to read as follows:

(d)iiThe priority studies shall be completed not later than December 31, 2016 [2010]. The Parks and Wildlife Department, the commission, and the board shall establish a work plan that prioritizes the studies and that sets interim deadlines providing for publication of flow determinations for individual rivers and streams on a reasonably consistent basis throughout the prescribed study period. Before publication, completed studies shall be submitted for comment to the commission, the board, and the Parks and Wildlife Department.

SECTIONi1.24.iiSection 26.0135(h), Water Code, as amended by Chapters 234 and 965, Acts of the 77th Legislature, Regular Session, 2001, is reenacted and amended to read as follows:

(h)iiThe commission shall apportion, assess, and recover the reasonable costs of administering the water quality management programs under this section from users of water and wastewater permit holders in the watershed according to the records of the commission generally in proportion to their right, through permit or contract, to use water from and discharge wastewater in the watershed. Irrigation water rights, [and] non-priority hydroelectric rights of a water right holder that owns or operates privately owned facilities that collectively have a capacity of less than two megawatts, and water rights held in the Texas Water Trust for terms of at least 20 years will not be subject to this assessment. The cost to river authorities and others to conduct water quality monitoring and assessment shall be subject to prior review and approval by the commission as to methods of allocation and total amount to be recovered. The commission shall adopt rules to supervise and implement the water quality monitoring, assessment, and associated costs. The rules shall ensure that water users and wastewater dischargers do not pay excessive amounts, that program funds are equitably apportioned among basins, that a river authority may recover no more than the actual costs of administering the water quality management programs called for in this section, and that no municipality shall be assessed cost for any efforts that duplicate water quality management activities described in Section 26.177 [of this chapter]. The rules concerning the apportionment and assessment of reasonable costs shall provide for a recovery of not more than $5,000,000 annually. Costs recovered by the commission are to be deposited to the credit of the water resource management account and may be used only to accomplish the purposes of this section. The commission may apply not more than 10 percent of

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SECTIONi1.25.iiSection 11.1491(b), Water Code, is repealed.

SECTIONi1.26.ii(a) The governor, lieutenant governor, and speaker of the house of representatives shall appoint the initial members of the environmental flows advisory group as provided by Section 11.0236, Water Code, as added by this article, as soon as practicable on or after the effective date of this article.

(b)iiAs soon as practicable after taking office, the initial members of the environmental flows advisory group shall appoint the initial members of the Texas environmental flows science advisory committee as provided by Section 11.02361, Water Code, as added by this article. The terms of the initial members of the committee expire March 1, 2012.

(c)iiThe environmental flows advisory group shall appoint the members of each basin and bay area stakeholders committee as provided by Section 11.02362, Water Code, as added by this article. The terms of the initial members of each committee expire March 1 of the fifth year that begins after the year in which the initial appointments are made.

(d)iiEach basin and bay area stakeholders committee shall appoint the members of the basin and bay expert science team for the river basin and bay system for which the committee is established as provided by Section 11.02362, Water Code, as added by this article. The terms of the initial members of each team expire April 1 of the fifth year that begins after the year in which the initial appointments are made.

(e)iiThe executive director of the Texas Commission on Environmental Quality shall appoint the members of the watermaster advisory committee under Section 11.4531, Water Code, as added by this article, for each river basin or segment of a river basin for which the executive director appoints a watermaster under Subchapter I, Chapter 11, Water Code. The terms of the initial members of each committee expire August 31 of the first odd-numbered year that begins after the year in which the initial appointments are made.

SECTIONi1.27.iiThe changes in law made by this article relating to a permit for a new appropriation of water or to an amendment to an existing water right that increases the amount of water authorized to be stored, taken, or diverted apply only to:

(1)iiwater appropriated under a permit for a new appropriation of water the application for which is pending with the Texas Commission on Environmental Quality on the effective date of this Act or is filed with the commission on or after that date; or

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(2)iithe increase in the amount of water authorized to be stored, taken, or diverted under an amendment to an existing water right that increases the amount of water authorized to be stored, taken, or diverted and the application for which is pending with the Texas Commission on Environmental Quality on the effective date of this Act or is filed with the commission on or after that date.

ARTICLE 2. EDWARDS AQUIFER AUTHORITY

SECTIONi2.01.iiSection 1.11, Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, is amended by amending Subsection (f) and adding Subsections (f-1) and (f-2) to read as follows:

(f)iiThe authority may own, finance, design, [contract with a person who uses water from the aquifer for the authority or that person to] construct, operate, or [own, finance, and] maintain recharge [water supply] facilities. [Management fees or special fees may not be used for purchasing or operating these facilities.] For the purpose of this subsection, "recharge [water supply] facility" means [includes] a dam, reservoir, [treatment facility, transmission facility,] or other method of recharge project and associated facilities, structures, or works but does not include a facility to recirculate water at Comal or San Marcos Springs.

(f-1)iiThe authority shall provide written notice of the intent to own, finance, design, construct, operate, or maintain recharge facilities to:

(1)iieach groundwater conservation district in the area in which the recharge facility will be located;

(2)iithe mayor of each municipality in the area in which the recharge facility will be located;

(3)iithe county judge of each county in the area in which the recharge facility will be located; and

(4)iieach member of the legislature who represents the area in which the proposed recharge facility will be located.

(f-2)iiAny entity within the county in which a recharge facility is to be constructed shall be provided opportunity for input and allowed to provide proposals for partnering with the authority to own, finance, design, construct, operate, or maintain the recharge facility.

SECTIONi2.02.iiSections 1.14(a), (c), (e), (f), and (h), Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, are amended to read as follows:

(a)iiAuthorizations to withdraw water from the aquifer and all authorizations and rights to make a withdrawal under this Act shall be limited in accordance with this section to:

(1)iiprotect the water quality of the aquifer;

(2)iiprotect the water quality of the surface streams to which the aquifer provides springflow;

(3)iiachieve water conservation;

(4)iimaximize the beneficial use of water available for withdrawal from the aquifer;

(5)iirecognize the extent of the hydro-geologic connection and interaction between surface water and groundwater;

(6)iiprotect aquatic and wildlife habitat;

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(7)i[(6)]iiprotect species that are designated as threatened or endangered under applicable federal or state law; and

(8)i[(7)]iiprovide for instream uses, bays, and estuaries.

(c)iiExcept as provided by Subsections [(d),] (f)[,] and (h) of this section and Section 1.26 of this article, for the period beginning January 1, 2008, the amount of permitted withdrawals from the aquifer may notiiexceed or be less than 572,000 [400,000] acre-feet of water for each calendar year, which is the sum of all regular permits issued or for which an application was filed and issuance was pending action by the authority as of January 1, 2005.

(e)iiThe authority may not allow withdrawals from the aquifer through wells drilled after June 1, 1993, except for replacement, test, or exempt wells or to the extent that the authority approves an amendment to an initial regular permit to authorize a change in the point of withdrawal under that permit [additional water as provided by Subsection (d) and then on an interruptible basis].

(f)iiIf the level of the aquifer is equal to or greater than 660 [650] feet above mean sea level as measured at Well J-17, the authority may authorize withdrawal from the San Antonio pool, on an uninterruptible basis, of permitted amounts. If the level of the aquifer is equal to or greater than 845 feet at Well J-27, the authority may authorize withdrawal from the Uvalde pool, on an uninterruptible basis, of permitted amounts. [The authority shall limit the additional withdrawals to ensure that springflows are not affected during critical drought conditions.]

(h)iiTo accomplish the purposes of this article, [by June 1, 1994,] the authority, through a program, shall implement and enforce water management practices, procedures, and methods to ensure that, not later than December 31, 2012, the continuous minimum springflows of the Comal Springs and the San Marcos Springs are maintained to protect endangered and threatened species to the extent required by federal law and to achieve other purposes provided by Subsection (a) of this section and Section 1.26 of this article. The authority from time to time as appropriate may revise the practices, procedures, and methods. To meet this requirement, the authority shall require:

(1)iiphased adjustments to [reductions in] the amount of water that may be used or withdrawn by existing users or categories of other users, including adjustments in accordance with the authority's critical period management plan established under Section 1.26 of this article; or

(2)iiimplementation of alternative management practices, procedures, and methods.

SECTIONi2.03.iiSection 1.16(g), Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, is amended to read as follows:

(g)iiThe authority shall issue an initial regular permit without a term, and an initial regular permit remains in effect until the permit is abandoned or[,] cancelled[, or retired].

SECTIONi2.04.iiSection 1.19(b), Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, is amended to read as follows:

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(b)iiWithdrawal of water under a term permit must be consistent with the authority's critical period management plan established under Section 1.26 of this article. A holder of a term permit may not withdraw water from the San Antonio pool of the aquifer unless:

(1)iithe level of the aquifer is higher than 675 [665] feet above sea level, as measured at Well J-17;

(2)iithe flow at Comal Springs as determined by Section 1.26(c) of this article is greater than 350 cubic feet per second; and

(3)iithe flow at San Marcos Springs as determined by Section 1.26(c) of this article is greater than 200 cubic feet per second.

SECTIONi2.05.iiSection 1.22(a), Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, is amended to read as follows:

(a)iiThe authority may acquire permitted rights to use water from the aquifer for the purposes of:

(1)iiholding those rights in trust for sale or transfer of the water or the rights to persons within the authority's jurisdiction who may use water from the aquifer;

(2)iiholding those rights in trust as a means of managing overall demand on the aquifer; or

(3)iiholding those rights for resale [or retirement as a means of complying with pumping reduction requirements under this article; or

[(4)iiretiring those rights, including those rights already permitted].

SECTIONi2.06.iiArticle 1, Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, is amended by amending Section 1.26 and adding Section 1.26A to read as follows:

Sec.i1.26.iiCRITICAL PERIOD MANAGEMENT PLAN. (a)iiAfter review of the recommendations received in the program document, as prescribed by Section 1.26A of this article, the [The] authority by rule shall adopt [prepare and coordinate implementation of] a [plan for] critical period management plan consistent with Sections 1.14(a), (f), and (h) of this article [on or before September 1, 1995]. The critical period management plan shall be adopted by the authority no later than six months after the authority's receipt of the program document. On adoption of the critical period management plan, the authority shall provide a written report to the governor, lieutenant governor, and speaker of the house of representatives describing the actions taken in response to each recommendation and, for each recommendation not implemented, the reason it was not implemented. The plan [mechanisms] must:

(1)iidistinguish between discretionary use and nondiscretionary use;

(2)iirequire reductions of all discretionary use to the maximum extent feasible;

(3)iirequire utility pricing, to the maximum extent feasible, to limit discretionary use by the customers of water utilities; [and]

(4)iirequire reduction of nondiscretionary use by permitted or contractual users, to the extent further reductions are necessary, in the reverse order of the following water use preferences:

(A)iimunicipal, domestic, and livestock;

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(B)iiindustrial and crop irrigation;

(C)iiresidential landscape irrigation;

(D)iirecreational and pleasure; and

(E)iiother uses that are authorized by law; and

(5)iiallow irrigation use to continue in order to permit the user to complete the irrigation of a crop in progress.

(b)iiIn this section, "MSL" means the elevation above mean sea level, measured in feet, of the surface of the water in a well, and "CFS" means cubic feet per second. Not later than January 1, 2008, the authority shall, by rule, adopt and enforce a critical period management plan with withdrawal reduction percentages in the amounts indicated in Tables 1 and 2 whether according to the index well levels or the Comal or San Marcos Springs flow as applicable, for a total in critical period Stage IV of 40 percent of the permitted withdrawals under Table 1 and 35 percent under Table 2:

TABLE 1

CRITICAL PERIOD WITHDRAWAL REDUCTION STAGES

FOR THE SAN ANTONIO POOL

TABLE 2

CRITICAL PERIOD WITHDRAWAL REDUCTION STAGES

FOR THE UVALDE POOL

(c)iiA change to a critical period stage with higher withdrawal reduction percentages is triggered if the 10-day average of daily springflows at the Comal Springs or the San Marcos Springs or the 10-day average of daily aquifer levels at the J-17 Index Well drops below the lowest number of any of the trigger levels indicated in Table 1. A change to a critical period stage with lower withdrawal reduction percentages is triggered only when the 10-day average of daily springflows at the Comal Springs and the San Marcos Springs and the 10-day average of daily aquifer levels at the J-17 Index Well are all above the same stage trigger level. The authority may adjust the withdrawal percentages for Stage IV in Tables 1 and 2 if necessary in order to comply with Subsection (d) or (e) of this section.

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(d)iiBeginning September 1, 2007, the authority may not require the volume of permitted withdrawals to be less than an annualized rate of 340,000 acre-feet, under critical period Stage IV.

(e)iiAfter January 1, 2013, the authority may not require the volume of permitted withdrawals to be less than an annualized rate of 320,000 acre-feet, under critical period Stage IV unless, after review and consideration of the recommendations provided under Section 1.26A of this article, the authority determines that a different volume of withdrawals is consistent with Sections 1.14(a), (f), and (h) of this article in maintaining protection for federally listed threatened and endangered species associated with the aquifer to the extent required by federal law.

(f)iiNotwithstanding Subsections (d) and (e) of this section, the authority may require further withdrawal reductions before reviewing and considering the recommendations provided under Section 1.26A of this article if the discharge of Comal Springs or San Marcos Springs declines an additional 15 percent after Stage IV withdrawal reductions are imposed under Subsection (b) of this section. This subsection expires on the date that critical period management plan rules adopted by the authority based on the recommendations provided under Section 1.26A of this article take effect.

(g)iiNotwithstanding the existence of any stage of an interim or final critical period adopted by the authority under this section, a person authorized to withdraw groundwater from the aquifer for irrigation purposes shall, without regard to the withdrawal reductions prescribed for that stage, be allowed to finish a crop already planted in the calendar year during which the critical period is in effect.

Sec.i1.26A.iiDEVELOPMENT OF WITHDRAWAL REDUCTION LEVELS AND STAGES FOR CRITICAL PERIOD MANAGEMENT THROUGH RECOVERY IMPLEMENTATION PROGRAM. (a)iiThe authority, with the assistance of Texas A&M University, shall cooperatively develop a recovery implementation program through a facilitated, consensus-based process that involves input from the United States Fish and Wildlife Service, other appropriate federal agencies, and all interested stakeholders, including those listed under Subsection (e)(1) of this section. The recovery implementation program shall be developed for the species that are:

(1)iilisted as threatened or endangered species under federal law; and

(2)iiassociated with the aquifer.

(b)iiThe authority shall enter into a memorandum of agreement with the United States Fish and Wildlife Service, other appropriate federal agencies, the Texas Commission on Environmental Quality, the Parks and Wildlife Department, the Department of Agriculture, the Texas Water Development Board, and other stakeholders, not later than December 31, 2007, in order to develop a program document that may be in the form of a habitat conservation plan used in issuance of an incidental take permit as outlined in Subsection (d) of this section.

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(c)iiThe authority shall enter into an implementing agreement with the United States Fish and Wildlife Service, other appropriate federal agencies, the Texas Commission on Environmental Quality, the Parks and Wildlife Department, the Department of Agriculture, the Texas Water Development Board, and other stakeholders to develop a program document that may be in the form of a habitat conservation plan used in issuance of an incidental take permit as outlined in Subsection (d) of this section not later than December 31, 2009.

(d)iiThe authority, the Texas Commission on Environmental Quality, the Parks and Wildlife Department, the Department of Agriculture, the Texas Water Development Board, and other stakeholders shall jointly prepare a program document that may be in the form of a habitat conservation plan used in issuance of an incidental take permit with the United States secretary of the interior, through the United States Fish and Wildlife Service and other appropriate federal agencies, under Section 4 or Section 6, Endangered Species Act of 1973 (16 U.S.C. Section 1533 or 1535), as applicable, based on the program developed under Subsection (a) of this section. The program document shall:

(1)iiprovide recommendations for withdrawal adjustments based on a combination of spring discharge rates of the San Marcos and Comal Springs and levels at the J-17 and J-27 wells during critical periods to ensure that federally listed, threatened, and endangered species associated with the Edwards Aquifer will be protected at all times, including throughout a repeat of the drought of record;

(2)iiinclude provisions to pursue cooperative and grant funding to the extent available from all state, federal, and other sources for eligible programs included in the cooperative agreement under Subsection (c) of this section, including funding for a program director; and

(3)iibe approved and executed by the authority, the Texas Commission on Environmental Quality, the Parks and Wildlife Department, the Department of Agriculture, the Texas Water Development Board, and the United States Fish and Wildlife Service not later than September 1, 2012, and the agreement shall take effect December 31, 2012.

(e)iiTexas A&M University shall assist in the creation of a steering committee to oversee and assist in the development of the cooperative agreement under Subsection (c) of this section. The steering committee must be created not later than September 30, 2007. The initial steering committee shall be composed of:

(1)iia representative of each of the following entities, as appointed by the governing body of that entity:

(A)iithe Edwards Aquifer Authority;

(B)iithe Texas Commission on Environmental Quality;

(C)iithe Parks and Wildlife Department;

(D)iithe Department of Agriculture;

(E)iithe Texas Water Development Board;

(F)iithe San Antonio Water System;

(G)iithe Guadalupe-Blanco River Authority;

(H)iithe San Antonio River Authority;

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(I)iithe South Central Texas Water Advisory Committee;

(J)iiBexar County;

(K)iiCPS Energy; and

(L)iiBexar Metropolitan Water District or its successor; and

(2)iinine other persons who respectively must be:

(A)iia representative of a holder of an initial regular permit issued to a retail public utility located west of Bexar County, to be appointed by the authority;

(B)iia representative of a holder of an initial regular permit issued by the authority for industrial purposes, to be appointed by the authority;

(C)iia representative of a holder of an industrial surface water right in the Guadalupe River Basin, to be appointed by the Texas Commission on Environmental Quality;

(D)iia representative of a holder of a municipal surface water right in the Guadalupe River Basin, to be appointed by the Texas Commission on Environmental Quality;

(E)iia representative of a retail public utility in whose service area the Comal Springs or San Marcos Springs is located;

(F)iia representative of a holder of an initial regular permit issued by the authority for irrigation, to be appointed by the commissioner of agriculture;

(G)iia representative of an agricultural producer from the Edwards Aquifer region, to be appointed by the commissioner of agriculture;

(H)iia representative of environmental interests from the Texas Living Waters Project, to be appointed by the governing body of that project; and

(I)iia representative of recreational interests in the Guadalupe River Basin, to be appointed by the Parks and Wildlife Commission.

(f)iiThe steering committee shall work with Texas A&M University to:

(1)iiestablish a regular meeting schedule and publish that schedule to encourage public participation; and

(2)iinot later than October 31, 2007, hire a program director to be housed at Texas A&M University.

(g)iiTexas A&M University may accept outside funding to pay the salary and expenses of the program director hired under this section and any expenses associated with the university's participation in the creation of the steering committee or subcommittees established by the steering committee.

(h)iiWhere reasonably practicable or as required by law, any meeting of the steering committee, the Edwards Aquifer area expert science subcommittee, or another subcommittee established by the steering committee must be open to the public.

(i)iiThe steering committee appointed under this section shall appoint an Edwards Aquifer area expert science subcommittee not later than December 31, 2007. The expert science subcommittee must be composed of an odd number of not fewer than seven or more than 15 members who have technical expertise regarding the Edwards Aquifer system, the threatened and endangered species that inhabit that system, springflows, or the development of withdrawal

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(j)iiThe Edwards Aquifer area expert science subcommittee shall, among other things, analyze species requirements in relation to spring discharge rates and aquifer levels as a function of recharge and withdrawal levels. Based on that analysis and the elements required to be considered by the authority under Section 1.14 of this article, the expert science subcommittee shall, through a collaborative process designed to achieve consensus, develop recommendations for withdrawal reduction levels and stages for critical period management including, if appropriate, establishing separate and possibly different withdrawal reduction levels and stages for critical period management for different pools of the aquifer needed to maintain target spring discharge and aquifer levels. The expert science subcommittee shall submit its recommendations to the steering committee and all other stakeholders involved in the recovery implementation program under this section.

(k)iiThe initial recommendations of the Edwards Aquifer area expert science subcommittee must be completed and submitted to the steering committee and other stakeholders not later than December 31, 2008, and should include an evaluation:

(1)iiof the option of designating a separate San Marcos pool, of how such a designation would affect existing pools, and of the need for an additional well to measure the San Marcos pool, if designated;

(2)iiof the necessity to maintain minimum springflows, including a specific review of the necessity to maintain a flow to protect the federally threatened and endangered species; and

(3)iias to whether adjustments in the trigger levels for the San Marcos Springs flow for the San Antonio pool should be made.

(l)iiIn developing its recommendations, the Edwards Aquifer area expert science subcommittee shall:

(1)iiconsider all reasonably available science, including any Edwards Aquifer-specific studies, and base its recommendations solely on the best science available; and

(2)iioperate on a consensus basis to the maximum extent possible.

(m)iiAfter development of the cooperative agreement, the steering committee, with the assistance of the Edwards Aquifer area expert science subcommittee and with input from the other recovery implementation program stakeholders, shall prepare and submit recommendations to the authority. The recommendations must:

(1)iiinclude a review of the critical period management plan, to occur at least once every five years;

(2)iiinclude specific monitoring, studies, and activities that take into account changed conditions and information that more accurately reflects the importance of critical period management; and

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(3)iiestablish a schedule for continuing the validation or refinement of the critical period management plan adopted by the authority and the strategies to achieve the program and cooperative agreement described by this section.

(n)iiIn this subsection, "recharge facility" means a dam, reservoir, or other method of recharge project and associated facilities, structures, or works but does not include facilities designed to recirculate water at Comal or San Marcos Springs. The steering committee shall establish a recharge facility feasibility subcommittee to:

(1)iiassess the need for the authority or any other entity to own, finance, design, construct, operate, or maintain recharge facilities;

(2)iiformulate plans to allow the authority or any other entity to own, finance, design, construct, operate, or maintain recharge facilities;

(3)iimake recommendations to the steering committee as to how to calculate the amount of additional water that is made available for use from a recharge project including during times of critical period reductions;

(4)iimaximize available federal funding for the authority or any other entity to own, finance, design, construct, operate, or maintain recharge facilities; and

(5)iievaluate the financing of recharge facilities, including the use of management fees or special fees to be used for purchasing or operating the facilities.

(o)iiThe steering committee may establish other subcommittees as necessary, including a hydrology subcommittee, a community outreach and education subcommittee, and a water supply subcommittee.

(p)iiOn execution of the memorandum of agreement described by Subsection (b) of this section, the steering committee described by Subsection (e) of this section may, by majority vote of its members, vote to add members to the steering committee, change the makeup of the committee, or dissolve the committee. If the steering committee is dissolved, the program director hired under Subsection (f) of this section shall assume the duties of the steering committee.

(q)iiThe authority shall provide an annual report to the governor, lieutenant governor, and speaker of the house of representatives not later than January 1 of each year that details:

(1)iithe status of the recovery implementation program development process;

(2)iithe likelihood of completion of the recovery implementation program and the cooperative agreement described by Subsection (c) of this section;

(3)iithe extent to which the recommendations of the Edwards Aquifer area expert science subcommittee are being considered and implemented by the authority;

(4)iiany other actions that need to be taken in response to each recommendation;

(5)iireasons explaining why any recommendation received has not been implemented; and

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(6)iiany other issues the authority considers of value for the efficient and effective completion of the program and the cooperative agreement under this section.

SECTIONi2.07.iiSections 1.29(b), (h), and (i), Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, are amended to read as follows:

(b)iiThe authority shall assess equitable aquifer management fees based on aquifer use under the water management plan to finance its administrative expenses and programs authorized under this article. Each water district governed by Chapter 36 [52], Water Code, that is within the authority's boundaries may contract with the authority to pay expenses of the authority through taxes in lieu of user fees to be paid by water users in the district. The contract must provide that the district will pay an amount equal to the amount that the water users in the district would have paid through user fees. The authority may not collect a total amount of fees and taxes that is more than is reasonably necessary for the administration of the authority.

(h)iiFees assessed by the authority may not be used to fund the cost of reducing withdrawals or retiring permits or of judgments or claims related to withdrawals or permit retirements [Special fees collected under Subsection (c) or (d) of this section may not be used to finance a surface water supply reservoir project].

(i)iiThe authority and other stakeholders, including state agencies, listed under Section 1.26A of this article shall provide money as necessary[, but not to exceed five percent of the money collected under Subsection (d) of this section,] to finance the activities of the steering committee and any subcommittees appointed by the steering committee and the program director of the recovery implementation program under Section 1.26A of this article. The authority shall provide, as necessary, up to $75,000 annually, adjusted for changes in the consumer price index, to finance the South Central Texas Water Advisory Committee's administrative expenses and programs authorized under this article.

SECTIONi2.08.iiSection 1.45(a), Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, is amended to read as follows:

(a)iiThe authority may own, finance, design, construct, [build or] operate, and maintain recharge dams and associated facilities, structures, or works in the contributing or recharge area of the aquifer if the recharge is made to increase the yield of the aquifer, [and] the recharge project does not impair senior water rights or vested riparian rights, and the recharge project is not designed to recirculate water at Comal or San Marcos Springs.

SECTIONi2.09.iiSections 1.14(b) and (d), Section 1.21, and Sections 1.29(a), (c), and (d), Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, are repealed.

SECTIONi2.10.ii(a)iiBefore January 1, 2012, a suit may not be instituted in a state court contesting:

(1)iithe validity or implementation of this article; or

(2)iithe groundwater withdrawal amounts recognized in Section 2.02 of this Act.i

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(b)iiIf applicable, a party that files a suit in any court shall be automatically removed from the steering committee established under Section 1.26A, Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, as added by this article.

(c)iiA suit against the Edwards Aquifer Authority may not be instituted or maintained by a person who owns, holds, or uses a surface water right and claims injury or potential injury to that right for any reason, including any actions taken by the Edwards Aquifer Authority to implement or enforce Article 1, Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, as amended. This section does not apply to suits brought pursuant to Section 1.45, Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993.

SECTIONi2.11.iiThe change in law made by this article applies only to a cause of action filed on or after the effective date of this article. A cause of action that is filed before the effective date of this article is governed by the law in effect immediately before the effective date of this article, and that law is continued in effect for that purpose.

SECTIONi2.12.iiThis article 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 article takes effect September 1, 2007.

ARTICLE 3. EFFECTIVE DATE

SECTIONi3.01.iiExcept as otherwise provided by this Act, this Act takes effect September 1, 2007.

Representative Puente moved to adopt the conference committee report on HBi3.

A record vote was requested.

The motion to adopt the conference committee report on HBi3 prevailed by (Record 2007): 142 Yeas, 2 Nays, 2 Present, not voting.

Yeas — Allen; Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Branch; 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; Eiland; Eissler; Elkins; England; Escobar; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Garcia; Gattis; 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.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno; Morrison; 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; Truitt; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7175

Nays — Christian; Hardcastle.

Present, not voting — Mr. Speaker; Turner(C).

Absent — Hamilton; Miles; Riddle; Thompson.

STATEMENT OF VOTE

When Record No. 2007 was taken, I was in the house but away from my desk. I would have voted yes.

Miles

HR 2915 - ADOPTED
(by Corte)

Representative Corte moved to suspend Rule 8, Section 13 to take up and consider at this time HRi2915.

The motion prevailed.

The following privileged resolution was laid before the house:

HR 2915

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 SB 11 (relating homeland security; providing penalties) to consider and take action on the following matter:

House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the conference committee to add the following new article:

ARTICLE 18. MISCELLANEOUS PROVISIONS RELATING TO HOMELAND SECURITY AND BORDER SECURITY

SECTION 18.01. Subchapter A, Chapter 421, Government Code, is amended by adding Section 421.0025 to read as follows:

Sec. 421.0025. BORDER SECURITY COUNCIL. (a) The Border Security Council consists of members appointed by the governor.

(a-1) At least one-third of the members appointed under Subsection (a) must be residents of the Texas-Mexico border region, as defined by Section 2056.002.

(b) The Border Security Council shall develop and recommend to the office of the governor performance standards, reporting requirements, audit methods, and other procedures to ensure that funds allocated by the office of the governor for purposes related to security at or near this state's international border are used properly and that the recipients of the funds are accountable for the proper use of the funds.

(c) The Border Security Council shall advise the office of the governor regarding the allocation of funds by the office for purposes related to security at or near this state's international border. Recommendations relating to the allocation of those funds must be made by a majority of the members of the council.

7176 80th LEGISLATURE — REGULAR SESSION

(d) The governor shall designate one member of the Border Security Council as the chair. The chair shall arrange meetings of the Border Security Council at times determined by the members of the council.

(e) The meetings of the Border Security Council are subject to the requirements of Chapter 551 to the same extent as similar meetings of the Public Safety Commission. The plans and recommendations of the Border Security Council are subject to the requirements of Chapter 552 to the same extent as similar plans and recommendations of the Department of Public Safety of the State of Texas.

(f) Service on the Border Security Council by a state officer or employee or by an officer or employee of a local government is an additional duty of the member's office or employment.

SECTION 18.02. The heading to Subchapter E, Chapter 421, Government Code, is amended to read as follows:

SUBCHAPTER E. TEXAS FUSION [INFRASTRUCTURE PROTECTION COMMUNICATIONS] CENTER

SECTION 18.03. Section 421.081, Government Code, is amended to read as follows:

Sec. 421.081. FACILITIES AND ADMINISTRATIVE SUPPORT. The Department of Public Safety of the State of Texas shall provide facilities and administrative support for the Texas Fusion [Infrastructure Protection Communications] Center.

SECTION 18.04. Subchapter H, Chapter 2155, Government Code, is amended by adding Section 2155.452 to read as follows:

Sec. 2155.452. CERTAIN CONTRACTS FOR HOMELAND SECURITY OR LAW ENFORCEMENT TECHNOLOGY. A state governmental entity that issues a request for proposals for technological products or services for homeland security or law enforcement purposes must allow a business entity to substitute the qualifications of its executive officers or managers for the qualifications required of the business entity in the request for proposals.

SECTION 18.05. Article 61.02(c), Code of Criminal Procedure, is amended to read as follows:

(c) Criminal information collected under this chapter relating to a criminal street gang must:

(1) be relevant to the identification of an organization that is reasonably suspected of involvement in criminal activity; and

(2) consist of:

(A) a judgment under any law that includes, as a finding or as an element of a criminal offense, participation in a criminal street gang;

(B) a self-admission by the individual of criminal street gang membership that is made during a judicial proceeding; or

(C) any two of the following:

(i) [(A)] a self-admission by the individual of criminal street gang membership that is not made during a judicial proceeding;

(ii) [(B)] an identification of the individual as a criminal street gang member by a reliable informant or other individual;

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7177

(iii) [(C)] a corroborated identification of the individual as a criminal street gang member by an informant or other individual of unknown reliability;

(iv) [(D)] evidence that the individual frequents a documented area of a criminal street gang and[,] associates with known criminal street gang members;

(v) evidence that the individual[, and] uses, in more than an incidental manner, criminal street gang dress, hand signals, tattoos, or symbols, including expressions of letters, numbers, words, or marks, regardless of the format or medium in which the symbols are displayed, that are associated with a criminal street gang that operates in an area frequented by the individual and described by Subparagraph (iv); or

(vi) [(E)] evidence that the individual has been arrested or taken into custody with known criminal street gang members for an offense or conduct consistent with criminal street gang activity.

SECTION 18.06. Article 61.06(c), Code of Criminal Procedure, is amended to read as follows:

(c) In determining whether information is required to be removed from an intelligence database under Subsection (b), the three-year period does not include any period during which the individual who is the subject of the information is:

(1) confined in a correctional facility operated by or under contract with the [institutional division or the state jail division of the] Texas Department of Criminal Justice;

(2) committed to a secure correctional facility operated by or under contract with the Texas Youth Commission, as defined by Section 51.02, Family Code; or

(3) confined in a county jail or a facility operated by a juvenile board in lieu of being confined in a correctional facility operated by or under contract with the Texas Department of Criminal Justice or being committed to a secure correctional facility operated by or under contract with the Texas Youth Commission.

SECTION 18.07. Chapter 61, Code of Criminal Procedure, is amended by adding Article 61.075 to read as follows:

Art. 61.075. RIGHT TO REQUEST EXISTENCE OF CRIMINAL INFORMATION. (a) A person or the parent or guardian of a child may request a law enforcement agency to determine whether the agency has collected or is maintaining, under criteria established under Article 61.02(c), criminal information relating solely to the person or child. The law enforcement agency shall respond to the request not later than the 10th business day after the date the agency receives the request.

(b) Before responding to a request under Subsection (a), a law enforcement agency may require reasonable written verification of the identity of the person making the request and the relationship between the parent or guardian and the child, if applicable, including written verification of an address, date of birth, driver's license number, state identification card number, or social security number.

7178 80th LEGISLATURE — REGULAR SESSION

Explanation: This addition is necessary to add an article to the bill related to miscellaneous homeland security and border security provisions concerning the Border Security Council, the Texas Fusion Center, certain contracts for homeland security or law enforcement technology, and criminal information.

A record vote was requested.

HR 2915 was adopted by (Record 2008): 117 Yeas, 20 Nays, 2 Present, not voting.

Yeas — Anderson; Aycock; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Chavez; Chisum; Christian; Cohen; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, J.; Delisi; Deshotel; Driver; Dukes; Dutton; Eiland; Eissler; Elkins; England; Escobar; Farabee; Flynn; Gallego; Garcia; Gattis; Giddings; Gonzales; Goolsby; Guillen; Haggerty; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; 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; Lucio; Macias; Madden; Martinez; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Morrison; Mowery; Murphy; O'Day; Oliveira; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Riddle; Ritter; Rose; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Straus; Swinford; Talton; Taylor; Truitt; Van Arsdale; Vaught; Vo; West; Woolley; Zedler; Zerwas.

Nays — Allen; Alonzo; Burnam; Castro; Coleman; Davis, Y.; Dunnam; Farias; Farrar; Gonzalez Toureilles; Herrero; Leibowitz; Martinez Fischer; Moreno; Naishtat; Olivo; Pierson; Rodriguez; Veasey; Villarreal.

Present, not voting — Mr. Speaker; Turner(C).

Absent — Anchia; Bailey; Bolton; Flores; Frost; Geren; Hamilton; Mallory Caraway; Miles; Noriega; Thompson.

STATEMENTS OF VOTE

When Record No. 2008 was taken, I was in the house but away from my desk. I would have voted yes.

Anchia

When Record No. 2008 was taken, I was in the house but away from my desk. I would have voted yes.

Bailey

When Record No. 2008 was taken, my vote failed to register. I would have voted yes.

Geren

When Record No. 2008 was taken, I was in the house but away from my desk. I would have voted no.

Miles

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7179

When Record No. 2008 was taken, I was in the house but away from my desk. I would have voted yes.

Noriega

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).

HR 2950 - ADOPTED
(by Coleman)

Representative Farrar moved to suspend all necessary rules to take up and consider at this time HRi2950.

The motion prevailed.

The following resolution was laid before the house:

HR 2950, Honoring the Legislative Interns for their outstanding efforts and invaluable service.

HR 2950 was read and was adopted.

On motion of Representative Noriega, the names of all the members of the house were added to HRi2950 as signers thereof.

HR 2951 - ADOPTED
(by Coleman)

Representative Coleman moved to suspend all necessary rules to take up and consider at this time HRi2951.

The motion prevailed.

The following resolution was laid before the house:

HR 2951, Honoring the Texas Legislative Study Group Class of 2007 for their service to the Texas Legislature and the people of Texas.

HR 2951 was read and was adopted.

HR 2952 - ADOPTED
(by Coleman)

Representative Coleman moved to suspend all necessary rules to take up and consider at this time HRi2952.

The motion prevailed.

The following resolution was laid before the house:

HR 2952, Honoring the Texas Legislative Fellowship Program Class of 2006-2007 for their service to the Texas Legislature and the people of Texas.

HR 2952 was read and was adopted.

7180 80th LEGISLATURE — REGULAR SESSION

HR 2903 - ADOPTED
(by Craddick and Orr)

Representative Orr moved to suspend all necessary rules to take up and consider at this time HRi2903.

The motion prevailed.

The following resolution was laid before the house:

HR 2903, Commending the Honorable Anna Mowery for her service in the Texas House of Representatives.

HR 2903 was read and was adopted.

On motion of Representatives Geren and C. Howard, the names of all the members of the house were added to HRi2903 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. 3).

HR 2893 - ADOPTED
(by Madden)

Representative Madden moved to suspend Rule 8, Section 13 to take up and consider at this time HRi2893.

The motion prevailed.

The following privileged resolution was laid before the house:

HR 2893

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 SB 909 (the continuation and functions of the Texas Board of Criminal Justice, the Texas Department of Criminal Justice, and the Correctional Managed Health Care Committee, and to the functions of the Board of Pardons and Paroles) to consider and take action on the following matter:

House Rule 13, Sections 9(a)(3) and (4), are suspended to permit the committee to add the following appropriately numbered SECTION to the bill:

SECTION ____. Subchapter D, Chapter 499, Government Code, is amended by adding Section 499.072 to read as follows:

Sec. 499.072. LOCATION OF CENTRAL PRISON UNIT. (a) The department shall conduct a feasibility study of relocating the Central Prison Unit and the adjoining prison housing units from their current location in Sugar Land, Texas, to a location that more appropriately addresses the needs of the correctional system.

(b) If relocation is determined to be in the best interest of the correctional system and the City of Sugar Land, during the course of the study the department shall examine:

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7181

(1) the costs and benefits of relocating the Central Prison Unit and the adjoining prison housing units;

(2) appropriate measures to ensure that adequate easements are granted to allow development of surrounding property; and

(3) an anticipated timeline for the relocation.

Explanation: This addition is necessary to require the Texas Department of Criminal Justice to conduct a feasibility study concerning the relocation of certain prison units and prison housing units.

(Thompson now present)

A record vote was requested.

HR 2893 was adopted by (Record 2009): 144 Yeas, 1 Nays, 2 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; 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; Isett; Jackson; 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; Miller; Moreno; 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; Van Arsdale; Vaught; Veasey; Villarreal; Vo; West; Woolley; Zedler; Zerwas.

Nays — Jones.

Present, not voting — Mr. Speaker; Turner(C).

Absent — Dutton; Miles; Talton.

STATEMENT OF VOTE

When Record No. 2009 was taken, I was in the house but away from my desk. I would have voted yes.

Miles

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. 51).

7182 80th LEGISLATURE — REGULAR SESSION

HR 2921 - ADOPTED
(by Puente)

Representative Puente moved to suspend Rule 8, Section 13 to take up and consider at this time HRi2921.

The motion prevailed.

The following privileged resolution was laid before the house:

HR 2921

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 SB 3 (the development, management, and preservation of the water resources of the state; providing penalties) to consider and take action on the following matters:

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

SECTION 3.01. LEGISLATIVE FINDINGS. The legislature finds that:

(1) the development of new water supplies to meet the growing demand for water is necessary for the sound economic development of this state and is of concern and importance to this state;

(2) feasible sites for new reservoirs are identified as having unique value in the 2006 regional water plans and the 2007 state water plan;

(3) most of the proposed reservoirs are also part of recommended strategies for fulfilling identified needs in the 2007 state water plan that may occur as early as 2010 and 2020;

(4) it is necessary to preempt actions that could circumvent the state's primacy over surface water in the state; and

(5) designation of these sites as unique reservoir sites or river or stream segments of unique ecological value is necessary for the sound economic development of this state, for the protection of natural resources, and for the purpose of promoting the public health, safety, and general welfare of this state.

Explanation: The omission of the legislative findings regarding designation of unique reservoir sites is necessary because the bill substitutes for the lists designating specific sites contained in the versions of the bill as passed by the senate and house a provision to the effect that a site is considered to be a unique reservoir site if the site is recommended for designation in the state water plan adopted by the Texas Water Development Board.

(2) House Rule 13, Section 9(a)(1), is suspended to permit the committee to change, alter, or amend text pertaining to the designation of unique reservoir sites that is not in disagreement by substituting the following section:

SECTION 4.01. Section 16.051, Water Code, is amended by adding Subsection (g-1) to read as follows:

(g-1) Notwithstanding any other provisions of law, a site is considered to be a designated site of unique value for the construction of a reservoir if the site is recommended for designation in the 2007 state water plan adopted by the board

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7183

Explanation: The senate engrossed version of the bill designated certain specific sites as unique reservoir sites. The version of the bill as passed by the house designated a slightly different list of sites for that purpose. The amendment to Section 16.051, Water Code, is necessary to substitute for those lists a provision to the effect that a site is considered to be a unique reservoir site if the site is recommended for designation in the state water plan adopted by the Texas Water Development Board and to the effect that such a designation terminates unless certain conditions are met.

A record vote was requested.

HR 2921 was adopted by (Record 2010): 99 Yeas, 36 Nays, 3 Present, not voting.

Yeas — Alonzo; Anchia; Aycock; Bailey; Bohac; Bonnen; Branch; Callegari; Castro; Chavez; Chisum; Cohen; Cook, B.; Cook, R.; Corte; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Delisi; Deshotel; Driver; Dukes; Dutton; England; Escobar; Flores; Gallego; Garcia; Geren; Giddings; Gonzales; Goolsby; Guillen; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hill; Hochberg; Hodge; Howard, C.; Jackson; Keffer; King, P.; King, S.; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; Menendez; Miller; Moreno; Morrison; Mowery; Murphy; Noriega; O'Day; Orr; Ortiz; Parker; Patrick; Paxton; Peña; Phillips; Pierson; Pitts; Puente; Quintanilla; Smith, T.; Smith, W.; Smithee; Solomons; Straus; Swinford; Talton; Taylor; Truitt; Van Arsdale; Vaught; Veasey; Villarreal; West; Woolley; Zedler; Zerwas.

Nays — Allen; Berman; Brown, B.; Brown, F.; Burnam; Christian; Coleman; Dunnam; Eiland; Eissler; Elkins; Farabee; Farias; Farrar; Frost; Gattis; Haggerty; Hilderbran; Hopson; Howard, D.; Hughes; Isett; Jones; Kolkhorst; McReynolds; Merritt; Naishtat; Oliveira; Otto; Pickett; Raymond; Ritter; Rodriguez; Rose; Strama; Vo.

Present, not voting — Mr. Speaker; Homer; Turner(C).

Absent — Anderson; Bolton; Crabb; Flynn; Gonzalez Toureilles; Hamilton; Hancock; King, T.; Miles; Olivo; Riddle; Thompson.

STATEMENTS OF VOTE

When Record No. 2010 was taken, I was in the house but away from my desk. I would have voted no.

Flynn

7184 80th LEGISLATURE — REGULAR SESSION

When Record No. 2010 was taken, I was in the house but away from my desk. I would have voted yes.

Miles

(Miles now present)

SB 3 - MOTION TO SUSPEND RULES

Representative Puente moved to suspend all necessary rules to consider the conference committee report on SB 3.

Representative Phillips moved to extend speaking time on SB 3.

A record vote was requested.

The motion to extend time prevailed by (Record 2011): 88 Yeas, 39 Nays, 2 Present, not voting.

Yeas — Allen; Berman; Bolton; Branch; Brown, B.; Burnam; Cohen; Coleman; Cook, R.; Corte; Crabb; Davis, J.; Delisi; Deshotel; Dukes; Dunnam; Eiland; Eissler; Elkins; England; Escobar; Farrar; Flynn; Frost; Gallego; Garcia; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Hamilton; Harless; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Jones; Keffer; King, S.; King, T.; Kuempel; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McReynolds; Menendez; Merritt; Moreno; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Orr; Ortiz; Otto; Patrick; Peña; Phillips; Pickett; Pierson; Pitts; Raymond; Rodriguez; Rose; Smith, W.; Strama; Swinford; Talton; Vaught; Veasey; Villarreal; Vo; Zedler.

Nays — Alonzo; Anchia; Anderson; Aycock; Bailey; Bohac; Brown, F.; Christian; Cook, B.; Creighton; Crownover; Darby; Driver; Dutton; Farabee; Farias; Gattis; Hancock; Hardcastle; Hill; Hodge; Isett; Jackson; King, P.; Kolkhorst; Krusee; Latham; Laubenberg; Miles; Miller; Morrison; Paxton; Smith, T.; Smithee; Truitt; Van Arsdale; West; Woolley; Zerwas.

Present, not voting — Mr. Speaker; Turner(C).

Absent — Bonnen; Callegari; Castro; Chavez; Chisum; Davis, Y.; Flores; Geren; Haggerty; Harper-Brown; McClendon; Olivo; Parker; Puente; Quintanilla; Riddle; Ritter; Solomons; Straus; Taylor; Thompson.

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).

SB 3 - (consideration continued)

Representative Flores moved to extend speaking time on SB 3.

A record vote was requested.

The motion to extend time prevailed by (Record 2012): 93 Yeas, 35 Nays, 3 Present, not voting.

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7185

Yeas — Allen; Alonzo; Anchia; Anderson; Bailey; Berman; Bolton; Bonnen; Branch; Callegari; Castro; Cohen; Cook, R.; Crabb; Creighton; Davis, J.; Davis, Y.; Dukes; Dunnam; Dutton; Eiland; Eissler; England; Escobar; Farias; Farrar; Flores; Flynn; Garcia; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Haggerty; Hamilton; Harper-Brown; Hartnett; Hernandez; Hilderbran; Hill; Homer; Jackson; Jones; Keffer; King, P.; King, S.; King, T.; Krusee; Kuempel; Laubenberg; Leibowitz; Lucio; Macias; Madden; Martinez; Martinez Fischer; McCall; McClendon; Menendez; Miles; Moreno; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Paxton; Phillips; Pierson; Pitts; Quintanilla; Raymond; Rodriguez; Rose; Smith, T.; Solomons; Strama; Swinford; Talton; Thompson; Van Arsdale; Veasey; Zedler; Zerwas.

Nays — Aycock; Bohac; Brown, B.; Brown, F.; Burnam; Christian; Coleman; Cook, B.; Corte; Darby; Driver; Elkins; Farabee; Hancock; Hardcastle; Harless; Heflin; Herrero; Hochberg; Hodge; Hopson; Howard, D.; Isett; Kolkhorst; Latham; Mallory Caraway; McReynolds; Merritt; Miller; Pickett; Riddle; Smithee; Truitt; Vaught; West.

Present, not voting — Mr. Speaker; Taylor; Turner(C).

Absent — Chavez; Chisum; Crownover; Delisi; Deshotel; Frost; Gallego; Howard, C.; Hughes; Morrison; Patrick; Peña; Puente; Ritter; Smith, W.; Straus; Villarreal; Vo; Woolley.

STATEMENT OF VOTE

When Record No. 2012 was taken, I was temporarily out of the house chamber. I would have voted yes.

Gallego

A record vote was requested.

The vote of the house was taken on the motion to suspend all necessary rules to consider the conference committee report on SB 3 and the vote was announced yeas 93, nays 43.

A verification of the vote was requested and was granted.

The roll of those voting yea and nay was again called and the verified vote resulted, as follows (Record 2013): 94 Yeas, 42 Nays, 6 Present, not voting.

Yeas — Alonzo; Anchia; Anderson; Aycock; Bailey; Bohac; Bonnen; Branch; Callegari; Castro; Chisum; Cook, B.; Cook, R.; Corte; Creighton; Crownover; Darby; Davis, Y.; Delisi; Driver; Dukes; Dutton; Eissler; Elkins; England; Escobar; Farias; Flores; Garcia; Geren; Giddings; Gonzales; Goolsby; Guillen; Hancock; Harless; Harper-Brown; Hartnett; Hernandez; Hill; Hochberg; Howard, C.; Jackson; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; Menendez; Miller; Moreno; Morrison; Mowery; Murphy; Orr; Ortiz; Parker; Patrick; Paxton; Peña; Phillips;

7186 80th LEGISLATURE — REGULAR SESSION

Nays — Berman; Brown, B.; Brown, F.; Burnam; Christian; Cohen; Coleman; Davis, J.; Deshotel; Dunnam; Eiland; Farabee; Farrar; Flynn; Frost; Gattis; Haggerty; Hardcastle; Heflin; Herrero; Hodge; Hopson; Howard, D.; Hughes; Isett; Jones; Keffer; McReynolds; Merritt; Miles; Naishtat; Noriega; Oliveira; Olivo; Otto; Pickett; Raymond; Rodriguez; Rose; Strama; Vo; West.

Present, not voting — Mr. Speaker; Bolton; Gonzalez Toureilles; Hilderbran; Homer; O'Day.

Absent — Allen; Chavez; Crabb; Gallego; Hamilton; Riddle; Ritter; Zerwas.

STATEMENT OF VOTE

When Record No. 2013 was taken, I was temporarily out of the house chamber. I would have voted yes.

Gallego

The chair stated that the motion to suspend all necessary rules to consider the conference committee report on SB 3 was lost by the above vote.

LEAVES OF ABSENCE GRANTED

The following member was granted leave of absence for the remainder of today because of important business in the district:

Allen on motion of Leibowitz.

The following member was granted leave of absence temporarily for today because of illness:

Ritter on motion of Bonnen.

The following member was granted leave of absence temporarily for today because of family business:

Zerwas on motion of Murphy.

BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER

Notice was given at this time that the speaker had signed bills and resolutions in the presence of the house (see the addendum to the daily journal, Signed by the Speaker, Senate List No. 54).

SB 3 - VOTE RECONSIDERED

Representative Hodge moved to reconsider the vote by which the motion to suspend all necessary rules to consider the conference committee report on SB 3 was lost.

A record vote was requested.

The motion to reconsider prevailed by (Record 2014): 94 Yeas, 33 Nays, 4 Present, not voting.

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7187

Yeas — Alonzo; Anchia; Anderson; Aycock; Bailey; Bohac; Bonnen; Callegari; Castro; Chisum; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Darby; Davis, Y.; Delisi; Driver; Dukes; Eissler; Elkins; England; Escobar; Farabee; Farias; Flores; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Hancock; Harless; Harper-Brown; Hartnett; Hernandez; Hilderbran; Hill; Hochberg; Hodge; Howard, C.; Jackson; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McClendon; Menendez; Miller; Moreno; Morrison; Mowery; Murphy; Orr; Ortiz; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Smith, T.; Smith, W.; Smithee; Solomons; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Van Arsdale; Vaught; Veasey; Villarreal; West; Woolley; Zedler.

Nays — Berman; Brown, B.; Brown, F.; Cohen; Davis, J.; Deshotel; Dunnam; Farrar; Flynn; Frost; Gattis; Hamilton; Hardcastle; Heflin; Herrero; Hopson; Howard, D.; Hughes; Jones; Keffer; Kuempel; McReynolds; Merritt; Miles; Naishtat; Noriega; Olivo; Otto; Raymond; Rodriguez; Rose; Strama; Vo.

Present, not voting — Mr. Speaker; Homer; Oliveira; Turner(C).

Absent, Excused — Allen; Ritter; Zerwas.

Absent — Bolton; Branch; Burnam; Chavez; Christian; Coleman; Creighton; Dutton; Eiland; Gallego; Haggerty; Isett; McCall; O'Day; Pierson; Riddle.

SB 3 - RULES SUSPENDED

Representative Puente moved to suspend all necessary rules to consider the conference committee report on SB 3.

A record vote was requested.

The motion prevailed by (Record 2015): 97 Yeas, 38 Nays, 4 Present, not voting.

Yeas — Alonzo; Anchia; Anderson; Aycock; Bailey; Bohac; Bonnen; Branch; Callegari; Castro; Chisum; Cook, B.; Cook, R.; Corte; Crabb; Creighton; Crownover; Darby; Davis, Y.; Delisi; Driver; Dukes; Dutton; Eissler; Elkins; England; Escobar; Farias; Flores; Garcia; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goolsby; Guillen; Hancock; Harless; Harper-Brown; Hartnett; Hernandez; Hill; Hochberg; Hodge; Howard, C.; Jackson; King, P.; King, S.; King, T.; Kolkhorst; Krusee; Kuempel; Latham; Laubenberg; Leibowitz; Lucio; Macias; Madden; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; Menendez; Miller; Moreno; Morrison; Mowery; Murphy; Oliveira; Orr; Ortiz; Parker; Patrick; Paxton; Peña; Phillips; Pitts; Puente; Quintanilla; Smith, T.; Smith, W.; Smithee; Solomons; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Van Arsdale; Vaught; Veasey; Villarreal; West; Woolley; Zedler.

7188 80th LEGISLATURE — REGULAR SESSION

Nays — Berman; Brown, B.; Brown, F.; Burnam; Christian; Cohen; Coleman; Davis, J.; Deshotel; Dunnam; Eiland; Farabee; Farrar; Flynn; Frost; Gattis; Hamilton; Hardcastle; Heflin; Herrero; Hopson; Howard, D.; Hughes; Isett; Jones; Keffer; Merritt; Miles; Naishtat; Noriega; Olivo; Otto; Pickett; Raymond; Rodriguez; Rose; Strama; Vo.

Present, not voting — Mr. Speaker; Homer; Riddle; Turner(C).

Absent, Excused — Allen; Ritter; Zerwas.

Absent — Bolton; Chavez; Gallego; Haggerty; Hilderbran; McReynolds; O'Day; Pierson.

STATEMENT OF VOTE

When Record No. 2015 was taken, my vote failed to register. I would have voted present, not voting.

Hilderbran

(Zerwas now present)

LEAVE OF ABSENCE GRANTED

The following member was granted leave of absence for the remainder of today because of family business:

Chavez on motion of Castro.

SB 406 - RULES SUSPENDED

Representative Hartnett moved to suspend all necessary rules to consider the conference committee report on SB 406.

The motion prevailed.

SB 406 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Hartnett submitted the conference committee report on SBi406.

Representative Hartnett moved to adopt the conference committee report on SBi406.

A record vote was requested.

The motion to adopt the conference committee report on SBi406 prevailed by (Record 2016): 141 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Castro; 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; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hill; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.;

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7189

Present, not voting — Mr. Speaker; Turner(C).

Absent, Excused — Allen; Chavez; Ritter.

Absent — Crabb; Flores; Merritt; Swinford.

STATEMENT OF VOTE

When Record No. 2016 was taken, I was in the house but away from my desk. I would have voted yes.

Crabb

SB 11 - MOTION TO SUSPEND RULES

Representative Corte moved to suspend all necessary rules to consider the conference committee report on SB 11.

SB 11 - POINTS OF ORDER

Representative Herrero raised a point of order against further consideration of SB 11 under Rule 11, Section 3 of the House Rules on the grounds that the conference committee report changes the original purpose of the bill.

The chair overruled the point of order, and had read the following statement:

Mr. Herrero raised a point of order against further consideration of the conference committee report on SB 11 under Rule 11, Section 3 and Rule 8, Section 3 of the House Rules on the grounds that the conference committee report includes more than one subject and changes the original purpose of the bill.

SB 11, as introduced, is comprehensive legislation relating to public safety and security. Article 17 of the conference committee report authorizes certain local governments to restrict the sale and use of certain fireworks when a local state of disaster has been declared. Use of fireworks during a local disaster can reasonably be considered to create problems affecting public safety and security such as creating a safety hazard, complicating law enforcement efforts, or causing public panic. For that reason Article 17 of the conference committee report is within the subject of the bill and within the original purpose of the bill.

Accordingly, the point of order is respectfully overruled.

Representative Herrero raised a point of order against further consideration of SB 11 under Rule 8, Section 3 of the House Rules on the grounds that the conference committee report violates the one subject rule.

The chair overruled the point of order.

7190 80th LEGISLATURE — REGULAR SESSION

HR 2623 - MOTION TO ADD NAMES

On motion of Representative Raymond, the names of all the members of the house were added to HRi2623 as signers thereof.

SB 909 - RULES SUSPENDED

Representative Madden moved to suspend all necessary rules to consider the conference committee report on SB 909.

The motion prevailed.

SB 909 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Madden submitted the conference committee report on SBi909.

SB 909 - POINT OF ORDER

Representative Talton raised a point of order against further consideration of SB 909 under Rule 8, Section 1 of the House Rules on the grounds that the caption does not give the legislature and the public reasonable notice of the subject of the proposed measure.

The chair overruled the point of order, and submitted the following statement:

Mr. Talton raised a point of order against further consideration of the conference committee report on SBi909 under Rule 8, Section 1, of the House Rules on the grounds that the caption of the bill does not give the legislature and the public reasonable notice of the subject of the proposed measure.

Representative Talton argues that the inclusion of an amendment to community supervision law authorizing a defendant to make charitable donations in lieu of performing community service is not covered by the caption of the conference committee report, relating to the continuation and functions of the Texas Board of Criminal Justice, the Texas Department of Criminal Justice, and the Correctional Managed Heath Care Committee, and to the functions of the Board of Pardons and Paroles. Multiple provisions relating to the system of community supervision are included in the conference committee report. For example, Section 6 of the conference committee report relates to the discretion of a judge to grant community supervision to certain defendants. Because the system of community supervision is intricately connected with the operation of the Texas Department of Criminal Justice, in that it provides an alternative to confinement in the Department of Criminal Justice, and in that the amendment cited by Representative Talton provides defendants with another means of complying with requirements of community supervision, the net effect of the amendment will lessen the prison population at the Texas Department of Criminal Justice, and accordingly relates to the functions of the Texas Department of Criminal Justice.

Accordingly, the point of order is respectfully overruled.

Representative Madden moved to adopt the conference committee report on SBi909.

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7191

A record vote was requested.

The motion to adopt the conference committee report on SBi909 prevailed by (Record 2017): 144 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Alonzo; Anchia; Anderson; 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, J.; Davis, Y.; Delisi; Deshotel; Driver; 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; 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; Moreno; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; 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.

Present, not voting — Mr. Speaker; Turner(C).

Absent, Excused — Allen; Chavez; Ritter.

Absent — Dukes.

STATEMENTS OF VOTE

I was shown voting yes on Record No. 2017. I intended to vote no.

Gattis

I was shown voting yes on Record No. 2017. I intended to vote no.

Geren

I was shown voting yes on Record No. 2017. I intended to vote no.

Phillips

HB 1168 - RULES SUSPENDED

Representative Menendez moved to suspend all necessary rules to consider the conference committee report on HB 1168.

The motion prevailed.

HB 1168 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Menendez submitted the following conference committee report on HBi1168:

Austin, Texas, May 26, 2007

7192 80th LEGISLATURE — REGULAR SESSION

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 HBi1168 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.

HB 1168, A bill to be entitled An Act relating to licensing and regulation by a state agency.

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

SECTIONi1.iiThe heading to Chapter 2005, Government Code, is amended to read as follows:

CHAPTER 2005. MISCELLANEOUS PROVISIONS RELATING TO STATE

LICENSES AND PERMITS [PERMIT PROCESSING]

SECTIONi2.iiSections 2005.001 through 2005.007, Government Code, are designated as Subchapter A, Chapter 2005, Government Code, and a subchapter heading is added to read as follows:

SUBCHAPTER A. PERMIT PROCESSING

SECTIONi3.iiChapter 2005, Government Code, is amended by adding Subchapter B to read as follows:

SUBCHAPTER B. DENIAL, SUSPENSION, OR REVOCATION FOR FALSE STATEMENT, MISREPRESENTATION, OR REFUSAL TO PROVIDE INFORMATION

Sec.i2005.051.iiDEFINITIONS. In this subchapter:

(1)ii"License" means a license, certificate, registration, permit, or other authorization:

(A)iithat is issued by a licensing authority;

(B)iithat is subject before expiration to suspension, revocation, forfeiture, or termination by the issuing licensing authority; and

(C)iithat a person must obtain to:

(i)iipractice or engage in a particular business, occupation, or profession; or

(ii)iiengage in any other regulated activity, including hunting, fishing, or other recreational activity for which a license or permit is required.

(2)ii"Licensing authority" means an agency of the executive, legislative, or judicial branch of state government that issues a license.

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7193

Sec.i2005.052.iiDENIAL, SUSPENSION, OR REVOCATION FOR FALSE STATEMENT, MISREPRESENTATION, OR REFUSAL TO PROVIDE INFORMATION. (a) A licensing authority may deny a person's application for a license or suspend or revoke a person's license if the licensing authority determines, after notice and hearing, that the person knowingly:

(1)iimade a false statement in connection with applying for or renewing the license;

(2)iimade a material misrepresentation to the licensing authority in connection with applying for or renewing the license;

(3)iirefused to provide information requested by the licensing authority; or

(4)iifailed to provide all of the person's criminal history information in response to the licensing authority's request for the information.

(b)iiA denial, suspension, or revocation by a licensing authority under this section is governed by the administrative procedures that apply to other disciplinary actions taken by the licensing authority.

Sec.i2005.053.iiCRIMINAL PROSECUTION. A person who knowingly makes a false statement in connection with applying for or renewing a license may be subject to criminal prosecution under Section 37.10, Penal Code.

SECTIONi4.iiSection 2005.001, Government Code, is amended to read as follows:

Sec.i2005.001.iiDEFINITIONS. In this subchapter [chapter]:

(1)ii"Permit" means an authorization by a license, certificate, registration, or other form that is required by law or state agency rules to engage in a particular business.

(2)ii"State agency" means a department, board, bureau, commission, division, office, council, or other agency of the state.

SECTIONi5.iiSection 2005.002, Government Code, is amended to read as follows:

Sec.i2005.002.iiEXCEPTIONS. This subchapter [chapter] does not apply to a permit:

(1)iifor which an agency's median time during the preceding calendar year for processing a permit application from receipt of the initial application to the final permit decision did not exceed seven days;

(2)iiissued in connection with any form of gaming or gambling; or

(3)iiissued under the Alcoholic Beverage Code.

SECTIONi6.iiSection 2005.005, Government Code, is amended to read as follows:

Sec.i2005.005.iiDUTY OF HEAD OF AGENCY.iiThe head of each state agency shall ensure that the agency complies with this subchapter [chapter].

SECTIONi7.iiSection 2005.006(a), Government Code, is amended to read as follows:

(a)iiA state agency subject to this subchapter [chapter] shall establish by rule a complaint procedure through which a permit applicant can:

(1)iicomplain directly to the chief administrator of the agency if the agency exceeds the established period for processing permits; and

7194 80th LEGISLATURE — REGULAR SESSION

(2)iirequest a timely resolution of any dispute arising from the delay.

SECTIONi8.iiSection 2005.007(b), Government Code, is amended to read as follows:

(b)iiThe report must include:

(1)iia statement of the periods the agency has adopted under this subchapter [chapter] for processing each type of permit it issues, specifying any changes the agency made since the last report;

(2)iia statement of the minimum, maximum, and median times for processing each type of permit during the period since the last report from the date the agency receives the initial permit application to the final permit decision;

(3)iia description of the complaint procedure required by Section 2005.006;

(4)iia summary of the number and disposition of complaints received by the agency under Section 2005.006 since the last report; and

(5)iia description of specific actions taken by the agency since the last report to simplify and improve its permit application, processing, and paperwork requirements.

SECTIONi9.iiSection 247.045, Health and Safety Code, is amended by amending Subsections (d) and (e) and adding Subsections (h) and (i) to read as follows:

(d)iiThe attorney general may institute and conduct a suit to collect a penalty and fees under this section at the request of the department. If the attorney general fails to notify the department [take action] within 30 days of referral from the department that the attorney general will accept the case, the department shall refer the case to the local district attorney, county attorney, or city attorney. The district attorney, county attorney, or city attorney shall file suit in a district court to collect and retain the penalty.

(e)iiInvestigation and attorney's fees may not be assessed or collected by or on behalf of the department or other state agency unless [the department or other state agency assesses and collects] a penalty described under this chapter is assessed.

(h)iiIf a person who is liable under this section fails to pay any amount the person is obligated to pay under this section, the state may seek satisfaction from any owner, other controlling person, or affiliate of the person found liable. The owner, other controlling person, or affiliate may be found liable in the same suit or in another suit on a showing by the state that the amount to be paid has not been paid or otherwise legally discharged. The department by rule may establish a method for satisfying an obligation imposed under this section from an insurance policy, letter of credit, or other contingency fund.

(i)iiIn this section, "affiliate" means:

(1)iiwith respect to a partnership other than a limited partnership, each partner of the partnership;

(2)iiwith respect to a corporation:

(A)iian officer;

(B)iia director;

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7195

(C)iia stockholder who owns, holds, or has the power to vote at least 10 percent of any class of securities issued by the corporation, regardless of whether the power is of record or beneficial; and

(D)iia controlling individual;

(3)iiwith respect to an individual:

(A)iieach partnership and each partner in the partnership in which the individual or any other affiliate of the individual is a partner; and

(B)iieach corporation or other business entity in which the individual or another affiliate of the individual is:

(i)iian officer;

(ii)iia director;

(iii)iia stockholder who owns, holds, or has the power to vote at least 10 percent of any class of securities issued by the corporation, regardless of whether the power is of record or beneficial; and

(iv)iia controlling individual;

(4)iiwith respect to a limited partnership:

(A)iia general partner; and

(B)iia limited partner who is a controlling individual;

(5)iiwith respect to a limited liability company:

(A)iian owner who is a manager as described by the Texas Limited Liability Company Act (Article 1528n, Vernon's Texas Civil Statutes); and

(B)iieach owner who is a controlling individual; and

(6)iiwith respect to any other business entity, a controlling individual.

SECTIONi10.ii(a) In this section:

(1)ii"Department" means the Department of Aging and Disability Services.

(2)ii"Disabled person" has the meaning assigned by Section 48.002, Human Resources Code.

(3)ii"Elderly person" has the meaning assigned by Section 48.002, Human Resources Code.

(4)ii"Executive commissioner" means the executive commissioner of the Health and Human Services Commission.

(5)ii"Boarding house" means an establishment that:

(A)iiprovides services, including community meals, light housework, meal preparation, transportation, grocery shopping, money management, or laundry services to three or more elderly persons or disabled persons residing in the boarding house who are unrelated to the owner or proprietor of the establishment;

(B)iiis not:

(i)iirequired to be licensed under Chapter 142, 242, 246, 247, or 252, Health and Safety Code; or

(ii)iiexempt from licensing under Section 142.003(a)(19) or 247.004(4), Health and Safety Code; and

(C)iiis not a:

(i)iichild-care facility as defined by Section 42.002, Human Resources Code;

7196 80th LEGISLATURE — REGULAR SESSION

(ii)iifamily violence center as defined by Section 51.002, Human Resources Code;

(iii)iihotel as defined by Section 156.001, Tax Code;

(iv)iiretirement community;

(v)iimonastery or convent; or

(vi)iisorority or fraternity house or other dormitory affiliated with an institution of higher education.

(b)iiSubject to the appropriation of funds for the express purpose of implementing the pilot program described by this section, the executive commissioner by rule shall develop and implement a pilot program in each county or municipality described by Subsection (d) of this section. The pilot program must:

(1)iirequire boarding houses to be licensed and inspected; and

(2)iienforce rules and regulations for licensed boarding houses.

(c)iiIn implementing the pilot program, the executive commissioner shall adopt rules and regulations for boarding houses that include:

(1)iiminimum standards to ensure the health and safety of residents of boarding houses, including fire safety requirements;

(2)iia requirement that a boarding house may not allow an individual required to register under Chapter 62, Code of Criminal Procedure, to reside in the boarding house;

(3)iirequired disclosures by boarding houses;

(4)iireporting requirements regarding resident deaths, injuries, or accidents; and

(5)iiadministrative penalties for a boarding house of not less than $100 or more than $1,000 for each violation by a boarding house of a rule adopted or order issued under the pilot program.

(d)iiSubject to the appropriation of funds for the express purpose of implementing the pilot program described by this section, not later than August 1, 2008, the executive commissioner shall implement the pilot program in each county or municipality that has adopted an order or ordinance regulating the operation of boarding houses.

(e)iiNot later than January 1, 2009, the Health and Human Services Commission shall submit a report to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officer of each house and senate standing committee having jurisdiction over adult protective services. The report must include:

(1)iiif the pilot program has been developed and implemented:

(A)iithe number of:

(i)iiboarding houses licensed through the pilot program;

(ii)iiviolations by boarding houses of rules adopted under the pilot program; and

(iii)iiinvestigations of boarding houses licensed under the pilot program related to alleged abuse, neglect, or exploitation of a resident;

(B)iia description of any penalties against a boarding house licensed under the pilot program resulting from a department investigation; and

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7197

(C)iia recommendation regarding the advisability of expanding the pilot program statewide; or

(2)iiif the pilot program has not been developed and implemented, a study and recommendations regarding the most effective method for regulating boarding houses, including recommendations on whether clarifying the authority of and granting additional authority to counties and municipalities to establish health and safety standards for boarding houses is recommended.

(f)iiThis section expires September 1, 2011.

SECTIONi11.iiSubchapter B, Chapter 2005, Government Code, as added by this Act, applies only to a statement, misrepresentation, or refusal made, in connection with applying for or renewing a license, on or after the effective date of this Act.

SECTIONi12.iiThe change in law made to Section 247.045, Health and Safety Code, by this Act applies only to a violation that occurs on or after the effective date of this Act. A violation occurs before the effective date of this Act if any element of the violation occurs before that date. A violation that occurs before the effective date of this Act is covered by the law in effect when the violation occurred, and the former law is continued in effect for that purpose.

SECTIONi13.iiThis Act takes effect September 1, 2007.

Representative Menendez moved to adopt the conference committee report on HBi1168.

A record vote was requested.

The motion to adopt the conference committee report on HBi1168 prevailed by (Record 2018): 143 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Castro; 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; 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; Moreno; Morrison; Mowery; Murphy; Naishtat; Noriega; O'Day; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Puente; Quintanilla; Raymond; Riddle; 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.

Present, not voting — Mr. Speaker; Turner(C).

7198 80th LEGISLATURE — REGULAR SESSION

Absent, Excused — Allen; Chavez; Ritter.

Absent — Creighton; Gallego.

STATEMENT OF VOTE

When Record No. 2018 was taken, I was temporarily out of the house chamber. I would have voted yes.

Gallego

HB 1521 - RULES SUSPENDED

Representative Kolkhorst moved to suspend all necessary rules to consider the conference committee report on HB 1521.

The motion prevailed.

HB 1521 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Kolkhorst submitted the following conference committee report on HBi1521:

Austin, Texas, May 26, 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 HBi1521 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.

HB 1521, A bill to be entitled An Act relating to the prohibition of signs on certain roads.

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

SECTIONi1.iiSection 391.252(a), Transportation Code, is amended to read as follows:

(a)iiA person may not erect an off-premise sign that is adjacent to and visible from:

(1)iiU.S. Highway 290 between the western city limits of the city of Austin and the eastern city limits of the city of Fredericksburg;

(2)iiState Highway 317 between the northern city limits of the city of Belton to the southern city limits of the city of Valley Mills;

(3)iiState Highway 16 between the northern city limits of the city of Kerrville and Interstate Highway 20;

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7199

(4)iiU.S. Highway 77 between State Highway 186 and State Highway 44;

(5)ii[U.S. Highway 281 between State Highway 186 and Interstate Highway 37, exclusive of the segment of U.S. Highway 281 located in the city limits of Three Rivers;

[(5)]iiU.S. Highway 281 between:

(A)iiState Highway 186 and Interstate Highway 37, exclusive of the segment of U.S. Highway 281 located in the city limits of Three Rivers; and

(B)iithe southern boundary line of Comal County and State Highway 306;

(6)iiState Highway 17 between State Highway 118 and U.S. Highway 90;

(7)iiState Highway 67 between U.S. Highway 90 and Farm-to-Market Road 170;

(8)iiFarm-to-Market Road 170 between State Highway 67 and State Highway 118;

(9)iiState Highway 118 between Farm-to-Market Road 170 and State Highway 17;

(10)iiState Highway 105 between the western city limits of the city of Sour Lake to the eastern city limits of the city of Cleveland;

(11)iiState Highway 73 between the eastern city limits of the city of Winnie to the western city limits of the city of Port Arthur;

(12)iiState Highway 21 between the southern city limits of the city of College Station and U.S. Highway 290;

(13)iia highway located in:

(A)iithe Sabine National Forest;

(B)iithe Davy Crockett National Forest; or

(C)iithe Sam Houston National Forest; [or]

(14)iiSegments 1 through 4 of State Highway 130;[.]

(15)i[(14)]iia highway in Bandera County that is part of the state highway system;[.]

(16)i[(14)]iiFarm-to-Market Road 3238 beginning at State Highway 71 and any extension of that road through Hays and Blanco Counties;[.]

(17)i[(14)]iiFarm-to-Market Road 2978 between Farm-to-Market Road 1488 and the boundary line between Harris and Montgomery Counties;[.]

(18)iiU.S.i[(14)iiState] Highway 90 between the western city limits of the city of San Antonio and the eastern city limits of the city of Hondo; or

(19)iithe following highways in Austin County:

(A)iiState Highway 159;

(B)iiFarm-to-Market Road 331;

(C)iiFarm-to-Market Road 529;

(D)iiFarm-to-Market Road 1094; and

(E)iiFarm-to-Market Road 2502.

SECTIONi2.iiA landowner to whom notice is given as provided by Section 3(b) of this Act may exclude the landowner's property from the application of Section 391.252(a)(19), Transportation Code, as added by this Act by notifying

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SECTIONi3.ii(a) Except as otherwise provided by this section, this Act takes effect September 1, 2007.

(b)iiBefore Section 391.252(a)(19), Transportation Code, as added by this Act can become effective, notice shall be published in a newspaper of general circulation in the county or counties in which a segment of public road affected by Section 391.252(a)(19), Transportation Code, as added by this Act is located. The notice shall identify the segment of public road affected by Section 391.252(a)(19), Transportation Code, as added by this Act and state that the landowner's future right to lease the landowner's property for the purpose of erecting an off-premise sign will be terminated unless the landowner notifies the Texas Department of Transportation that the landowner plans to exclude the landowner's property from the application of Section 391.252(a)(19), Transportation Code, as added by this Act. The notice must be published by the appropriate county clerk or clerks in accordance with this subsection within 45 days of the effective date of this Act. The appropriate county clerk or clerks shall notify the Texas Department of Transportation in writing, by certified mail, when the notice is published in accordance with this subsection. The notice provided to the Texas Department of Transportation by the county clerk is public information for the purposes of Chapter 552, Government Code, and must include the affidavit of the publisher of the newspaper notice indicating the date the notice was published, accompanied by a printed copy of the notice as published.

(c)iiSection 391.252(a)(19), Transportation Code, as added by this Act takes effect on the 91st day after the Texas Department of Transportation receives notification from all appropriate county clerks as provided in Subsection (b).

Representative Kolkhorst moved to adopt the conference committee report on HBi1521.

A record vote was requested.

The motion to adopt the conference committee report on HBi1521 prevailed by (Record 2019): 143 Yeas, 0 Nays, 2 Present, not voting.

Yeas — Alonzo; Anchia; Anderson; Aycock; Bailey; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Castro; Chisum; Christian; 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; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles;

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7201

Present, not voting — Mr. Speaker; Turner(C).

Absent, Excused — Allen; Chavez; Ritter.

Absent — Cohen; Creighton.

HB 2094 - RULES SUSPENDED

Representative Hill moved to suspend all necessary rules to consider the conference committee report on HB 2094.

The motion prevailed.

HB 2094 - ADOPTION OF CONFERENCE COMMITTEE REPORT

Representative Hill submitted the following conference committee report on HBi2094:

Austin, Texas, May 26, 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 HBi2094 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.

HB 2094, A bill to be entitled An Act relating to the regulation of the towing and storage of vehicles.

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

ARTICLE 1. LICENSING AND REGULATION OF TOWING AND VEHICLE STORAGE

SECTIONi1.01.iiSections 2303.002(2), (3), and (4), Occupations Code, are amended to read as follows:

7202 80th LEGISLATURE — REGULAR SESSION

(2)ii"Commission" means the Texas [Transportation] Commission of Licensing and Regulation.

(3)ii"Department" means the Texas Department of Licensing and Regulation [Transportation].

(4)ii"Executive director [Director]" means the executive director of the department [or a person designated by the executive director who is not below the rank of division or special office director].

SECTIONi1.02.iiSection 2303.051, Occupations Code, is amended to read as follows:

Sec.i2303.051.iiRULEMAKING: LICENSE REQUIREMENTS[; SANCTIONS]. The commission shall adopt rules that:

(1)iiestablish the requirements for a person to be licensed to operate a vehicle storage facility to ensure that the facility maintains adequate standards for the care of stored vehicles; [and]

(2)iirelate to the administrative sanctions that may be imposed on a person licensed under this chapter;

(3)iigovern the administration of this chapter.

SECTIONi1.03.iiSubchapter B, Chapter 2303, Occupations Code, is amended by adding Sections 2303.055, 2303.056, 2303.057, and 2303.058 to read as follows:

Sec.i2303.055.iiEXAMINATION OF CRIMINAL CONVICTION. The department may conduct an examination of any criminal conviction of an applicant, including by obtaining any criminal history record information permitted by law.

Sec.i2303.056.iiPERIODIC AND RISK-BASED INSPECTIONS. (a) The department may enter and inspect at any time during business hours:

(1)iithe place of business of any person regulated under this chapter; or

(2)iiany place in which the department has reasonable cause to believe that a license holder is in violation of this chapter or in violation of a rule or order of the commission or executive director.

(b)iiAt least once every two years, the department shall inspect a vehicle storage facility that holds a license under this chapter.

(c)iiThe department shall conduct additional inspections based on a schedule of risk-based inspections using the following criteria:

(1)iithe type and nature of the vehicle storage facility;

(2)iithe inspection history of the vehicle storage facility;

(3)iiany history of violations involving the vehicle storage facility; and

(4)iiany other factor determined by the commission by rule.

(d)iiThe vehicle storage facility shall pay a fee for each risk-based inspection performed under Subsection (c). The commission by rule shall set the amount of the fee.

Sec.i2303.057.iiPERSONNEL. The department may employ personnel necessary to administer and enforce this chapter.

Sec.i2303.058.iiADVISORY BOARD. The Towing and Storage Advisory Board under Chapter 2308 shall advise the commission in adopting vehicle storage rules under this chapter.

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SECTIONi1.04.iiThe heading to Section 2303.101, Occupations Code, is amended to read as follows:

Sec.i2303.101.iiFACILITY LICENSE REQUIRED.

SECTIONi1.05.iiSubchapter C, Chapter 2303, Occupations Code, is amended by adding Section 2303.1015 to read as follows:

Sec.i2303.1015.iiEMPLOYEE LICENSE REQUIRED. (a) A person may not work at a vehicle storage facility unless the person holds a license issued under this chapter.

(b)iiThe commission shall adopt rules governing the application for and issuance of a license under this section.

SECTIONi1.06.iiSections 2303.102(a) and (b), Occupations Code, are amended to read as follows:

(a)iiThe commission by rule shall determine the types of information to be included in an application for a license under this chapter on a form prescribed by the executive director.

(b)iiThe rules adopted [by the commission] under this section must require an [the] application for a facility license [to be made under oath and] to list:

(1)iithe name and address of each partner, if the applicant is a partnership; and

(2)iithe name and address of the president, secretary, and treasurer of the corporation, if the applicant is a corporation [; and

[(3)iieach conviction of a felony, or of a misdemeanor punishable by confinement in jail or by a fine exceeding $200, that was obtained against the applicant or a partner or officer of the applicant in the three years preceding the date of application].

SECTIONi1.07.iiSection 2303.151(c), Occupations Code, is amended to read as follows:

(c)iiIt is a defense to an action initiated by the department for a violation of this section that the operator of the facility unsuccessfully attempted in writing or electronically to obtain information from the governmental entity with which the vehicle is registered.

SECTIONi1.08.iiSection 2303.155(b), Occupations Code, is amended to read as follows:

(b)iiThe operator of a vehicle storage facility or governmental vehicle storage facility may charge the owner of a vehicle stored or parked at the facility:

(1)iia notification fee set in a reasonable amount for providing notice under this subchapter, including notice under Section 2303.154(c);

(2)iian impoundment fee of $20 for any action that:

(A)iiis taken by or at the direction of the owner or operator of the facility; and

(B)iiis necessary to preserve, protect, or service a vehicle stored or parked at the facility;

(3)iia daily storage fee of:

(A)iinot less than $5 and not more than $20 for each day or part of a day the vehicle is stored at the facility if the vehicle is not longer than 25 feet; or

7204 80th LEGISLATURE — REGULAR SESSION

(B)ii$35 for each day or part of a day the vehicle is stored at the facility if the vehicle is longer than 25 feet; [and]

(4)iiany fee that is required to be submitted to a law enforcement agency, the agency's authorized agent, or a governmental entity; and

(5)iia fee in an amount set by the commission for the remediation, recovery, or capture of an environmental or biological hazard.

SECTIONi1.09.iiSubchapter D, Chapter 2303, Occupations Code, is amended by adding Section 2303.160 to read as follows:

Sec.i2303.160.iiDRUG TESTING OF EMPLOYEES.ii(a) A license holder shall establish a drug testing policy for employees of the vehicle storage facility operated by the license holder. A license holder that establishes a drug testing policy under this subsection may adopt the model drug testing policy adopted by the commission or may use another drug testing policy that the department determines is at least as stringent as the policy adopted by the commission.

(b)iiThe commission by rule shall adopt a model drug testing policy for use by license holders. The model drug testing policy must be designed to ensure the safety of the public through appropriate drug testing and to protect the rights of employees. The model drug testing policy must:

(1)iirequire at least one scheduled drug test each year for each employee of a vehicle storage facility who has direct contact with the public; and

(2)iiauthorize random, unannounced drug testing for employees described by Subdivision (1).

SECTIONi1.10.iiSection 2303.302, Occupations Code, is amended to read as follows:

Sec.i2303.302.iiCRIMINAL PENALTIES.ii(a) A person commits an offense if the person:

(1)iiviolates the licensing requirements of [operates a vehicle storage facility for which a license has not been issued under] this chapter; or

(2)iiemploys an individual who does not hold an appropriate license required by [violates a rule adopted by the commission under] this chapter.

(b)iiAn offense under this section is a Class C misdemeanor [punishable by a fine of not less than $200 and not more than $500].

[(c)iiA person commits a separate offense for each day the person violates this section.]

SECTIONi1.11.iiSubchapter G, Chapter 2303, Occupations Code, is amended by adding Sections 2303.304 and 2303.305 to read as follows:

Sec.i2303.304.iiADMINISTRATIVE PENALTY. (a) The commission may impose an administrative penalty on a person under Subchapter F, Chapter 51, regardless of whether the person holds a registration, permit, or license under this chapter, if the person violates:

(1)iithis chapter or a rule adopted under this chapter; or

(2)iia rule or order of the executive director or commission.

(b)iiAn administrative penalty may not be imposed unless the person charged with a violation is provided the opportunity for a hearing.

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7205

Sec.i2303.305.iiCEASE AND DESIST ORDER; INJUNCTION; CIVIL PENALTY. (a) The executive director may issue a cease and desist order as necessary to enforce this chapter if the executive director determines that the action is necessary to prevent a violation of this chapter and to protect public health and safety.

(b)iiThe attorney general or executive director may institute an action for an injunction or a civil penalty under this chapter as provided by Section 51.352.

SECTIONi1.12.iiSubtitle A, Title 14, Occupations Code, is amended by adding Chapter 2308 to read as follows:

CHAPTER 2308. VEHICLE TOWING

SUBCHAPTER A. GENERAL PROVISIONS

Sec.i2308.001.iiSHORT TITLE. This chapter may be cited as the Texas Towing Act.

Sec.i2308.002.iiDEFINITIONS. In this chapter:

(1)ii"Advisory board" means the Towing and Storage Advisory Board.

(2)ii"Commission" means the Texas Commission of Licensing and Regulation.

(3)ii"Consent tow" means any tow of a motor vehicle initiated by the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle. The term does not include a tow of a motor vehicle initiated by a peace officer investigating a traffic accident or a traffic incident that involves the vehicle.

(4)ii"Department" means the Texas Department of Licensing and Regulation.

(5)ii"Driver's license" has the meaning assigned by Section 521.001, Transportation Code.

(6)ii"Nonconsent tow" means any tow of a motor vehicle that is not a consent tow.

(7)ii"Parking facility" means public or private property used, wholly or partly, for restricted or paid vehicle parking. The term includes:

(A)iia restricted space on a portion of an otherwise unrestricted parking facility; and

(B)iia commercial parking lot, a parking garage, and a parking area serving or adjacent to a business, church, school, home, apartment complex, property governed by a property owners' association, or government-owned property leased to a private person, including:

(i)iia portion of the right-of-way of a public roadway that is leased by a governmental entity to the parking facility owner; and

(ii)iithe area between the facility's property line abutting a county or municipal public roadway and the center line of the roadway's drainage way or the curb of the roadway, whichever is farther from the facility's property line.

(8)ii"Parking facility owner" means:

(A)iian owner or operator of a parking facility, including a lessee, employee, or agent of an owner or operator;

7206 80th LEGISLATURE — REGULAR SESSION

(B)iia property owners' association having control under a dedicatory instrument, as that term is defined in Section 202.001, Property Code, over assigned or unassigned parking areas; or

(C)iia property owner having an exclusive right under a dedicatory instrument, as that term is defined in Section 202.001, Property Code, to use a parking space.

(9)ii"Property owners' association" has the meaning assigned by Section 202.001, Property Code.

(10)ii"Public roadway" means a public street, alley, road, right-of-way, or other public way, including paved and unpaved portions of the right-of-way.

(11)ii"Tow truck" means a motor vehicle, including a wrecker, equipped with a mechanical device used to tow, winch, or otherwise move another motor vehicle.

(12)ii"Towing company" means an individual, association, corporation, or other legal entity that controls, operates, or directs the operation of one or more tow trucks over a public roadway in this state but does not include a political subdivision of the state.

(13)ii"Unauthorized vehicle" means a vehicle parked, stored, or located on a parking facility without the consent of the parking facility owner.

(14)ii"Vehicle" means a device in, on, or by which a person or property may be transported on a public roadway. The term includes an operable or inoperable automobile, truck, motorcycle, recreational vehicle, or trailer but does not include a device moved by human power or used exclusively on a stationary rail or track.

(15)ii"Vehicle owner" means a person:

(A)iinamed as the purchaser or transferee in the certificate of title issued for the vehicle under Chapter 501, Transportation Code;

(B)iiin whose name the vehicle is registered under Chapter 502, Transportation Code, or a member of the person's immediate family;

(C)iiwho holds the vehicle through a lease agreement;

(D)iiwho is an unrecorded lienholder entitled to possess the vehicle under the terms of a chattel mortgage; or

(E)iiwho is a lienholder holding an affidavit of repossession and entitled to repossess the vehicle.

(16)ii"Vehicle storage facility" means a vehicle storage facility, as defined by Section 2303.002, that is operated by a person who holds a license issued under Chapter 2303 to operate the facility.

Sec.i2308.003.iiSTUDY OF NONCONSENT TOWING FEES. (a) The department shall study the fees charged by license and permit holders for nonconsent tows, compliance of license and permit holders with local regulations governing towing fees, and consumer complaints related to fees for nonconsent tows. Not later than January 1, 2009, the department shall report to the legislature the findings of the study, including any recommendations for state regulation of towing fees.

(b)iiThis section expires September 1, 2009.

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7207

[Sections 2308.004-2308.050 reserved for expansion]

SUBCHAPTER B. ADVISORY BOARD

Sec.i2308.051.iiTOWING AND STORAGE ADVISORY BOARD. (a) The advisory board consists of the following members appointed by the presiding officer of the commission with the approval of the commission:

(1)iione representative of a towing company operating in a county with a population of less than one million;

(2)iione representative of a towing company operating in a county with a population of one million or more;

(3)iione owner of a vehicle storage facility located in a county with a population of less than one million;

(4)iione owner of a vehicle storage facility located in a county with a population of one million or more;

(5)iione parking facility owner;

(6)iione law enforcement officer from a county with a population of less than one million;

(7)iione law enforcement officer from a county with a population of one million or more; and

(8)iione representative of property and casualty insurers who write automobile insurance in this state.

(b)iiThe advisory board must include representation for each classification of towing.

(c)iiAn appointment to the advisory board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.

Sec.i2308.052.iiTERMS; VACANCIES. (a) Advisory board members serve terms of six years, with the terms of two or three members, as appropriate, expiring on February 1 of each odd-numbered year.

(b)iiA member may not serve more than two full consecutive terms.

(c)iiIf a vacancy occurs during a term, the presiding officer of the commission shall appoint a replacement who meets the qualifications of the vacated position to serve for the remainder of the term.

Sec.i2308.053.iiPRESIDING OFFICER. The presiding officer of the commission shall appoint one of the advisory board members to serve as presiding officer of the advisory board for a term of one year. The presiding officer of the advisory board may vote on any matter before the advisory board.

Sec.i2308.054.iiCOMPENSATION; REIMBURSEMENT OF EXPENSES. Advisory board members may not receive compensation but are entitled to reimbursement for actual and necessary expenses incurred in performing the functions of the advisory board, subject to the General Appropriations Act.

Sec.i2308.055.iiMEETINGS. The advisory board shall meet twice annually and may meet at other times at the call of the presiding officer of the commission or the executive director.

Sec.i2308.056.iiGENERAL POWERS AND DUTIES. The executive director or commission, as appropriate, may take action as necessary to administer and enforce this chapter.

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Sec.i2308.057.iiRULES.ii(a) The commission shall adopt rules for permitting tow trucks and licensing towing operators and towing companies.

(b)iiThe commission by rule shall adopt standards of conduct for license and permit holders under this chapter.

Sec.i2308.058.iiFEES.iiThe commission shall establish and collect reasonable and necessary fees in amounts sufficient to cover the costs of administering this chapter.

Sec.i2308.059.iiPERIODIC AND RISK-BASED INSPECTIONS. (a) The department may enter and inspect at any time during business hours:

(1)iithe place of business of any person regulated under this chapter; or

(2)iiany place in which the department has reasonable cause to believe that a license or permit holder is in violation of this chapter or in violation of a rule or order of the commission or executive director.

(b)iiThe department shall conduct additional inspections based on a schedule of risk-based inspections using the following criteria:

(1)iithe type and nature of the towing company or operator;

(2)iithe inspection history;

(3)iiany history of complaints involving the towing company or operator; and

(4)iiany other factor determined by the commission by rule.

(c)iiThe towing company shall pay a fee for each risk-based inspection performed under this section. The commission by rule shall set the amount of the fee.

(d)iiIn conducting an inspection under this section, the department may inspect a vehicle, a facility, business records, or any other place or thing reasonably required to enforce this chapter or a rule or order adopted under this chapter.

Sec.i2308.060.iiPOWERS AND DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration and enforcement of this chapter, including examination content, licensing standards, and continuing education requirements.

Sec.i2308.061.iiPERSONNEL. The department may employ personnel necessary to administer and enforce this chapter.

[Sections 2308.062-2308.100 reserved for expansion]

SUBCHAPTER C. TOW TRUCK PERMIT REQUIREMENTS

Sec.i2308.101.iiPERMIT REQUIRED. A tow truck may not be used for consent towing or nonconsent towing on a public roadway in this state unless an appropriate permit has been issued for the tow truck under this subchapter. Each tow truck requires a separate permit.

Sec.i2308.102.iiAPPLICATION REQUIREMENTS. (a) An applicant for a permit under this subchapter must submit to the department:

(1)iia completed application on a form prescribed by the executive director;

(2)iievidence of insurance or financial responsibility required under this subchapter;

Monday, May 28, 2007 HOUSE JOURNAL — 87th Day 7209

(3)iithe required fees; and

(4)iiany other information required by the executive director.

(b)iiThe department may conduct an examination of any criminal conviction of an applicant, including by obtaining any criminal history record information permitted by law.

Sec.i2308.103.iiREQUIREMENTS FOR INCIDENT MANAGEMENT TOWING PERMIT. (a) An incident management towing permit is required for a tow truck used to perform any nonconsent tow initiated by a peace officer, including a tow authorized under Section 545.3051, Transportation Code.

(b)iiTo be eligible for an incident management towing permit, an applicant must submit evidence that:

(1)iithe tow truck is equipped to tow light-duty or heavy-duty vehicles according to the manufacturer's towing guidelines;

(2)iithe applicant has at least $500,000 of liability insurance for the tow truck; and

(3)iithe applicant has at least $50,000 of cargo insurance for the tow truck.

(c)iiA tow truck permitted under this section may also be used for private property towing and consent towing.

(d)iiWhen a tow truck is used for a nonconsent tow initiated by a peace officer under Section 545.3051, Transportation Code, the permit holder is an agent of law enforcement and is subject to Section 545.3051(e), Transportation Code.

Sec.i2308.104.iiREQUIREMENTS FOR PRIVATE PROPERTY TOWING PERMIT. (a) A private property towing permit is required for a tow truck used to perform a nonconsent tow authorized by a parking facility owner under this chapter.

(b)iiTo be eligible for a private property towing permit, an applicant must submit evidence that:

(1)iithe tow truck is equipped to tow light-duty or heavy-duty vehicles according to the manufacturer's towing guidelines;

(2)iithe applicant has at least $300,000 of liability insurance for the tow truck; and

(3)iithe applicant has at least $50,000 of cargo insurance for the tow truck.

(c)iiA tow truck permitted under this section may also be used for consent towing but not for incident management towing.

Sec.i2308.105.iiREQUIREMENTS FOR CONSENT TOWING PERMIT. (a) A consent towing permit is required for a tow truck used to perform a consent tow authorized by the vehicle owner.

(b)iiTo be eligible for a consent towing permit, an applicant must submit evidence that:

(1)iithe tow truck is equipped to tow light-duty or heavy-duty vehicles according to the manufacturer's towing guidelines; and

(2)iithe applicant has at least $300,000 of liability insurance for the tow truck.

7210 80th LEGISLATURE — REGULAR SESSION

(c)iiA tow truck permitted under this section may not be used for nonconsent towing, including incident management towing and private property towing.

Sec.i2308.106.iiDEPARTMENT APPROVAL; ISSUANCE OF PERMIT. (a) The department shall issue a permit under this subchapter to an applicant who meets the requirements for a permit. The department may deny an application if the applicant has had a permit revoked under this chapter.

(b)iiThe department shall issue a certificate containing a single unique permit number for each tow truck, regardless of whether the permit holder holds more than one permit.

Sec.i2308.107.iiPERMIT RENEWAL. (a) A permit issued under this chapter is valid for one year. The department may adopt a system under which permits expire at different times during the year.

(b)iiThe department shall notify the permit holder at least 30 days before the date a permit expires. The notice must be in writing and sent to the permit holder's last known address according to the records of the department.

(c)iiA permit holder may renew a permit under this chapter by:

(1)iipaying a fee for each tow truck; and

(2)iiproviding to the department evidence of continuing insurance or financial responsibility in an amount required by this chapter.

Sec.i2308.108.iiCAB CARDS. (a) The department shall issue a cab card for each tow truck issued a permit. The cab card must:

(1)iishow the permit number of the certificate issued under Section 2308.106(b);

(2)iishow the type of permit issued;

(3)iishow the vehicle unit number;

(4)iishow the vehicle identification number; and

(5)iicontain a statement that the vehicle has been issued a permit under this subchapter.

(b)iiThe department shall issue a cab card when the department issues or renews a permit under this subchapter.

(c)iiA permit holder must keep the cab card in the cab of each permitted tow truck.

(d)iiThe department may order a permit holder to surrender a cab card if the permit is suspended or revoked under this chapter.

(e)iiIf the department determines that the cab card system described by Subsections (a) through (c) is not an efficient means of enforcing this subchapter, the executive director by rule may adopt an alternative method that is accessible by law enforcement personnel in the field and provides for the enforcement of the permit requirements of this subchapter.

(f)iiA cab card or a permit issued under the alternative method described in Subsection (e) must be valid for the same duration as a certificate issued under Section 2308.106.

Sec.i2308.109.iiDISPLAY OF INFORMATION ON TOW TRUCK. (a) A permit holder shall display on each permitted tow truck:

(1)iithe permit holder's name;

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(2)iithe permit holder's telephone number;

(3)iithe city and state where the permit holder is located; and

(4)iithe permit number for the tow truck.

(b)iiThe information required to be displayed must be:

(1)iiprinted in letters and numbers that are at least two inches high and in a color that contrasts with the color of the background surface; and

(2)iipermanently affixed in conspicuous places on both sides of the tow truck.

Sec.i2308.110.iiFINANCIAL RESPONSIBILITY. (a) A permit holder shall maintain liability insurance for each tow truck according to the requirements under this subchapter.

(b)iiUnless state law permits a tow truck to be self-insured, any insurance required for a tow truck must be obtained from an insurer authorized to do business in this state.

(c)iiAn applicant or permit holder must file with the department evidence of insurance as required by this subchapter.

(d)iiA permit holder shall keep evidence of insurance in a form approved by the department in the cab of each permitted tow truck.

[Sections 2308.111-2308.150 reserved for expansion]

SUBCHAPTER D. LICENSE REQUIREMENTS

Sec.i2308.151.iiLICENSE REQUIRED. Unless the person holds an appropriate license under this subchapter, a person may not:

(1)iiperform towing operations; or

(2)iioperate a towing company.

Sec.i2308.152.iiGENERAL LICENSE APPLICATION REQUIREMENTS. An applicant for a license under this subchapter must submit to the department:

(1)iia completed application on a form prescribed by the executive director;

(2)iithe required fees; and

(3)iiany other information required by commission rule.

Sec.i2308.153.iiINCIDENT MANAGEMENT TOWING OPERATOR'S LICENSE. (a) An incident management towing operator's license is required to operate a tow truck permitted under Section 2308.103.

(b)iiAn applicant for an incident management towing operator's license must:

(1)iibe a licensed Texas driver; and

(2)iibe certified by the National Drivers Certification Program of the Towing and Recovery Association of America or another certification program approved by the department.

Sec.i2308.154.iiPRIVATE PROPERTY TOWING OPERATOR'S LICENSE. (a) A private property towing operator's license is required to operate a tow truck permitted under Section 2308.104.

(b)iiAn applicant for a private property towing operator's license must:

(1)iibe a licensed Texas driver; and

7212 80th LEGISLATURE — REGULAR SESSION

(2)iibe certified by the National Drivers Certification Program of the Towing and Recovery Association of America or another certification program approved by the department.

Sec.i2308.155.iiCONSENT TOWING OPERATOR'S LICENSE. (a) A consent towing operator's license is required to operate a tow truck permitted under Section 2308.105.

(b)iiAn applicant for a consent towing operator's license must be a licensed Texas driver.

Sec.i2308.156.iiNONTRANSFERABILITY OF LICENSE. A license issued by the executive director is valid throughout this state and is not transferable.

Sec.i2308.157.iiCONTINUING EDUCATION. (a) The commission by rule shall recognize, prepare, or administer continuing education programs for license holders. Except as provided by Subsection (c), each license holder must complete a continuing education program before the license holder may renew the license holder's license.

(b)iiA person recognized by the commission to offer a continuing education program must:

(1)iiregister with the department; and

(2)iicomply with rules adopted by the commission relating to continuing education.

(c)iiTo renew an incident management towing operator's license the first time, a license holder must complete a professional development course relating to towing that is licensed or certified by the National Safety Council or another course approved and administered by the department under this section.

Sec.i2308.158.iiDRUG TESTING OF TOWING OPERATORS. (a) A towing company shall establish a drug testing policy for towing operators. A towing company that establishes a drug testing policy under this subsection may adopt the model drug testing policy adopted by the commission or may use another drug testing policy that the department determines is at least as stringent as the policy adopted by the commission.

(b)iiThe commission by rule shall adopt a model drug testing policy for use by a towing company. The model drug testing policy must be designed to ensure the safety of the public through appropriate drug testing and to protect the rights of employees. The model drug testing policy must:

(1)iirequire at least one scheduled drug test each year for each towing operator; and

(2)iiauthorize random, unannounced drug testing for towing operators.

Sec.i2308.159.iiLICENSE RENEWAL. (a) A license issued under this subchapter is valid for one year. The department may adopt a system under which licenses expire at different times during the year.

(b)iiThe department shall notify the license holder at least 30 days before the date a license expires. The notice must be in writing and sent to the license holder's last known address according to the records of the department.

(c)iiA license holder may renew a license issued under this chapter by:

(1)iipaying a renewal fee; and

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(2)iicompleting continuing education as required by Section 2308.157.

ARTICLE 2. CONSOLIDATION OF LAWS RELATED TO TOWING

SECTIONi2.01.iiSections 643.201 and 643.203 through 643.208, Transportation Code, are transferred to Chapter 2308, Occupations Code, designated as Subchapter E, Chapter 2308, Occupations Code, renumbered as Sections 2308.201 through 2308.207, Occupations Code, and amended to read as follows:

SUBCHAPTER E. LOCAL REGULATION OF TOWING

Sec.i2308.201 [643.201].iiTOW TRUCK REGULATION BY POLITICAL SUBDIVISIONS. (a) A [In addition to the registration requirements of Subchapter B, a] political subdivision of this state may regulate the operation of a tow truck to the extent allowed by federal law, except that a political subdivision may not issue a more restrictive regulation for the use of lighting equipment on a tow truck than is imposed by Title 7, Transportation Code [this title].

(b)iiA political subdivision may not require the registration of a tow truck that performs consent tows in the political subdivision unless the owner of the tow truck has a place of business in the territory of the political subdivision.

(c)iiA political subdivision may require the registration of a tow truck that performs a nonconsent tow in the political subdivision, regardless of whether the owner of the tow truck has a place of business in the territory of the political subdivision.

(d)iiA political subdivision may not require a person who holds a driver's license or commercial driver's license to obtain a license or permit for operating a tow truck unless the person performs nonconsent tows in the territory of the political subdivision. A fee charged for a license or permit may not exceed $15.

[(e)iiIn this section:

[(1)ii"Commercial driver's license" has the meaning assigned by Section 522.003.

[(2)ii"Consent tow" means any tow of a motor vehicle initiated by the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle. The term does not include a tow of a motor vehicle initiated by a peace officer investigating a traffic accident or a traffic incident that involves the vehicle.

[(3)ii"Driver's license" has the meaning assigned by Section 521.001.

[(4)ii"Nonconsent tow" means any tow of a motor vehicle that is not a consent tow.]

Sec.i2308.202 [643.203].iiREGULATION BY POLITICAL SUBDIVISIONS OF FEES FOR NONCONSENT TOWS. The governing body of a political subdivision may regulate the fees that may be charged or collected in connection with a nonconsent tow originating in the territory of the political subdivision.

Sec.i2308.203 [643.204].iiTOWING FEE STUDIES. (a) The governing body of a political subdivision that regulates nonconsent tow fees shall establish procedures by which a towing company may request that a towing fee study be performed.

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(b)iiThe governing body of the political subdivision shall establish or amend the allowable fees for nonconsent tows at amounts that represent the fair value of the services of a towing company and are reasonably related to any financial or accounting information provided to the governing body.

Sec.i2308.204 [643.205].iiFEES FOR NONCONSENT TOWS IN OTHER AREAS. (a) In an area in which no political subdivision regulates the fees that may be charged or collected for a nonconsent tow from private property, a towing company may charge and collect a fee for the tow of a motor vehicle from private property in an amount not to exceed an amount equal to 150 percent of the fee that the towing company would have been authorized to charge for a nonconsent tow made at the request of a peace officer of the political subdivision in which the private property is located.

(b)iiA towing company may charge and collect a fee for the tow of a vehicle, with a gross vehicle weight rating in excess of 26,000 pounds, from private property in an amount not to exceed an amount equal to 125 percent of the fee that the towing company would have been authorized to charge for a nonconsent tow made at the request of a peace officer of the political subdivision in which the private property is located.

Sec.i2308.205 [643.206].iiSTORAGE OF TOWED VEHICLES. (a) A towing company that makes a nonconsent tow shall tow the vehicle to a vehicle storage facility that is operated by a person who holds a license to operate the facility under Chapter 2303, [Occupations Code,] unless the towing company agrees to take the vehicle to a location designated by the vehicle's owner.

(b)iiA storage or notification fee imposed in connection with a motor vehicle towed to a vehicle storage facility is governed by Chapter 2303[, Occupations Code].

(c)iiExcept as provided by this chapter, Article 18.23, Code of Criminal Procedure, or Chapter 2303[, Occupations Code], a fee may not be charged or collected without the prior written consent of the vehicle owner or operator.

Sec.i2308.206 [643.207].iiREQUIRED FILING. (a) Before January 31 of each year, a towing company shall file with the department a schedule showing each towing fee that the towing company charges or collects in connection with a nonconsent tow.

(b)iiIf a political subdivision begins regulating nonconsent tow fees, the fees shall be reported to the department by the towing company before the 30th day after the regulation goes into effect.

(c)iiAny changes in nonconsent tow fees regulated by a political subdivision shall be reported to the department by the towing company before the 30th day after the effective date of the change.

(d)iiThe department shall make towing fee schedules available on the department's Internet website. The department shall make no determination as to the reasonableness of a towing fee schedule.

(e)iiA license or permit holder may not charge a fee for a nonconsent tow that is greater than the fee listed in the schedule most recently submitted to the department under this section.

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Sec.i2308.207 [643.208].iiREQUIRED POSTING. (a) All [towing and] storage fees shall be posted at the licensed vehicle storage facility to which the motor vehicle has been delivered and shall be posted in view of the person who claims the vehicle.

(b)iiA vehicle storage facility accepting a nonconsent towed vehicle shall post a sign in one inch letters stating "Nonconsent tow fees schedules available on request." The vehicle storage facility shall provide a copy of a nonconsent towing fees schedule on request.

SECTIONi2.02.iiSection 684.101, Transportation Code, is transferred to Subchapter E, Chapter 2308, Occupations Code, and renumbered as Section 2308.208, Occupations Code, to read as follows:

Sec.i2308.208 [684.101].iiMUNICIPAL ORDINANCE REGULATING UNAUTHORIZED VEHICLES. A municipality may adopt an ordinance that is identical to this chapter or that imposes additional requirements that exceed the minimum standards of this chapter but may not adopt an ordinance conflicting with this chapter.

SECTIONi2.03.iiSections 684.011, 684.012, 684.0125, 684.013, 684.014, and 684.015, Transportation Code, are transferred to Chapter 2308, Occupations Code, designated as Subchapter F, Chapter 2308, Transportation Code, renumbered as Sections 2308.251 through 2308.256, Occupations Code, and amended to read as follows:

SUBCHAPTER F. UNAUTHORIZED VEHICLES

Sec.i2308.251 [684.011].iiPROHIBITION AGAINST UNATTENDED VEHICLES IN CERTAIN AREAS. (a) The owner or operator of a vehicle may not leave unattended on a parking facility a vehicle that:

(1)iiis in or obstructs a vehicular traffic aisle, entry, or exit of the parking facility;

(2)iiprevents a vehicle from exiting a parking space in the facility;

(3)iiis in or obstructs a fire lane marked according to Subsection (c); or

(4)iidoes not display the special license plates issued under Section 504.201, Transportation Code, or the disabled parking placard issued under Chapter 681, Transportation Code, for a vehicle transporting a disabled person and is in a parking space that is designated for the exclusive use of a vehicle transporting a disabled person.

(b)iiSubsection (a) does not apply to an emergency vehicle that is owned by, or the operation of which is authorized by, a governmental entity.

(c)iiIf a government regulation governing the marking of a fire lane applies to a parking facility, a fire lane in the facility must be marked as provided by the regulation. If a government regulation on the marking of a fire lane does not apply to the parking facility, all curbs of fire lanes must be painted red and be conspicuously and legibly marked with the warning "FIRE LANE–TOW AWAY ZONE" in white letters at least three inches tall, at intervals not exceeding 50 feet.

7216 80th LEGISLATURE — REGULAR SESSION

Sec.i2308.252 [684.012].iiREMOVAL AND STORAGE OF UNAUTHORIZED VEHICLE. (a) A parking facility owner may, without the consent of the owner or operator of an unauthorized vehicle, cause the vehicle and any property on or in the vehicle to be removed and stored at a vehicle storage facility at the vehicle owner's or operator's expense if:

(1)iisigns that comply with Subchapter G [C] prohibiting unauthorized vehicles are located on the parking facility at the time of towing and for the preceding 24 hours and remain installed at the time of towing;

(2)iithe owner or operator of the vehicle has received actual notice from the parking facility owner that the vehicle will be towed at the vehicle owner's or operator's expense if it is in or not removed from an unauthorized space;

(3)iithe parking facility owner gives notice to the owner or operator of the vehicle under Subsection (b); or

(4)iithe vehicle is:

(A)iileft in violation of Section 2308.251 [684.011] or 2308.253 [684.0125]; or

(B)iiin or obstructing a portion of a paved driveway or abutting public roadway used for entering or exiting the facility [and the removal is approved by a peace officer].

(b)iiA parking facility owner is considered to have given notice under Subsection (a)(3) if:

(1)iia conspicuous notice has been attached to the vehicle's front windshield or, if the vehicle has no front windshield, to a conspicuous part of the vehicle stating:

(A)iithat the vehicle is in a parking space in which the vehicle is not authorized to be parked;

(B)iia description of all other unauthorized areas in the parking facility;

(C)iithat the vehicle will be towed at the expense of the owner or operator of the vehicle if it remains in an unauthorized area of the parking facility; and

(D)iia telephone number that is answered 24 hours a day to enable the owner or operator of the vehicle to locate the vehicle; and

(2)iia notice is mailed after the notice is attached to the vehicle as provided by Subdivision (1) to the owner of the vehicle by certified mail, return receipt requested, to the last address shown for the owner according to the vehicle registration records of the Texas Department of Transportation, or if the vehicle is registered in another state, the appropriate agency of that state.

(c)iiThe notice under Subsection (b)(2) must:

(1)iistate that the vehicle is in a space in which the vehicle is not authorized to park;

(2)iidescribe all other unauthorized areas in the parking facility;

(3)iicontain a warning that the unauthorized vehicle will be towed at the expense of the owner or operator of the vehicle if it is not removed from the parking facility before the 15th day after the postmark date of the notice; and

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(4)iistate a telephone number that is answered 24 hours a day to enable the owner or operator to locate the vehicle.

(d)iiThe mailing of a notice under Subsection (b)(2) is not required if after the notice is attached under Subsection (b)(1) the owner or operator of the vehicle leaves the vehicle in another location where parking is unauthorized for the vehicle according to the notice.

Sec.i2308.253 [684.0125].iiUNATTENDED VEHICLES ON PARKING FACILITY OF APARTMENT COMPLEX; REMOVAL AND STORAGE OF VEHICLES. (a) This section applies only to a parking facility serving or adjacent to an apartment complex consisting of one or more residential apartment units and any adjacent real property serving the apartment complex.

(b)iiThe owner or operator of a vehicle may not leave unattended on a parking facility a vehicle that:

(1)iiobstructs a gate that is designed or intended for the use of pedestrians or vehicles;

(2)iiobstructs pedestrian or vehicular access to an area that is used for the placement of a garbage or refuse receptacle used in common by residents of the apartment complex;

(3)iiis in or obstructs a restricted parking area or parking space designated under Subchapter G [C], including a space designated for the use of employees or maintenance personnel of the parking facility or apartment complex;

(4)iiis in a tow away zone, other than a fire lane covered by Section 2308.251(c) [684.011(c)], that is brightly painted and is conspicuously and legibly marked with the warning "TOW AWAY ZONE" in contrasting letters at least three inches tall;

(5)iiis a semitrailer, trailer, or truck-tractor, as defined by Chapter 502, Transportation Code, unless the owner or operator of the vehicle is permitted under the terms of a rental or lease agreement with the apartment complex to leave the unattended vehicle on the parking facility; or

(6)iiis leaking a fluid that presents a hazard or threat to persons or property.

(c)iiA parking facility owner may not have an emergency vehicle described by Section 2308.251(b) [684.011(b)] removed from the parking facility.

(d)iiExcept as provided by a contract described by Subsection (e), a parking facility owner may not have a vehicle removed from the parking facility merely because the vehicle does not display:

(1)iian unexpired license plate or registration insignia issued for the vehicle under Chapter 502, Transportation Code, or the vehicle registration law of another state or country; or

(2)iia valid vehicle inspection certificate issued under Chapter 548, Transportation Code, or the vehicle inspection law of another state or country.

(e)iiA contract provision providing for the removal from a parking facility of a vehicle that does not display an unexpired license plate or registration insignia or a valid inspection certificate is valid only if the provision requires the owner or

7218 80th LEGISLATURE — REGULAR SESSION

(1)iidelivered in person to the owner or operator of the vehicle; or

(2)iisent by certified mail, return receipt requested, to that owner or operator.

(f)iiThis section may not be construed:

(1)iito authorize the owner or operator of a vehicle to leave an unattended vehicle on property that is not designed or intended for the parking of vehicles; or

(2)iito limit or restrict the enforcement of Chapter 683, Transportation Code, the abandoned motor vehicle law.

(g)iiA provision of an apartment lease or rental agreement entered into or renewed on or after January 1, 2004, that is in conflict or inconsistent with this section is void and may not be enforced.

Sec.i2308.254 [684.013].iiLIMITATION ON PARKING FACILITY OWNER'S AUTHORITY TO REMOVE UNAUTHORIZED VEHICLE. A parking facility owner may not have an unauthorized vehicle removed from the facility except:

(1)iias provided by this chapter or a municipal ordinance that complies with Section 2308.208 [684.101]; or

(2)iiunder the direction of a peace officer or the owner or operator of the vehicle.

Sec.i2308.255i[684.014].iiTOWING COMPANY'S AUTHORITY TO REMOVE AND STORE UNAUTHORIZED VEHICLE. (a) A towing company that is insured as provided by Subsection (c) may, without the consent of an owner or operator of an unauthorized vehicle, remove and store the vehicle at a vehicle storage facility at the expense of the owner or operator of the vehicle if:

(1)iithe towing company has received written verification from the parking facility owner that:

(A)iithe parking facility owner has installed the signs required by Section 2308.252(a)(1) [684.012(a)(1)]; or

(B)iithe owner or operator received notice under Section 2308.252(a)(2) [684.012(a)(2)] or the parking facility owner gave notice complying with Section 2308.252(a)(3) [684.012(a)(3)]; or

(2)iithe vehicle is:

(A)iileft in violation of Section 2308.251 [684.011]; or

(B)iiin or obstructing a portion of a paved driveway or abutting public roadway used for entering or exiting the facility and the removal is approved by a peace officer.

(b)iiA towing company may not remove an unauthorized vehicle except under:

(1)iithis chapter;

(2)iia municipal ordinance that complies with Section 2308.208 [684.101]; or

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(3)iithe direction of a peace officer or the owner or operator of the vehicle.

(c)iiOnly a towing company that is insured against liability for property damage incurred in towing a vehicle may remove and store an unauthorized vehicle under this section.

(d)iiA towing company may remove and store a vehicle under Subsection (a) only if the parking facility owner:

(1)iirequests that the towing company remove and store the specific vehicle; or

(2)iihas a standing written agreement with the towing company to enforce parking restrictions in the parking facility from which the vehicle will be removed.

Sec.i2308.256i[684.015].iiVEHICLE STORAGE FACILITY'S DUTY TO REPORT AFTER ACCEPTING UNAUTHORIZED VEHICLE. (a) A vehicle storage facility accepting a vehicle that is towed under this chapter shall within two hours after receiving the vehicle report to the police department of the municipality in which the parking facility is located, or, if the parking facility is not located in a municipality having a police department, to the sheriff of the county in which the parking facility is located:

(1)iia general description of the vehicle;

(2)iithe state and number of the vehicle's license plate, if any;

(3)iithe vehicle identification number of the vehicle, if it can be ascertained;

(4)iithe location from which the vehicle was towed; and

(5)iithe name and location of the vehicle storage facility where the vehicle is being stored.

(b)iiThe report required by this section must be made by telephone or delivered personally or by facsimile.

SECTIONi2.04.iiSubchapter C, Chapter 684, Transportation Code, is transferred to Chapter 2308, Occupations Code, and redesignated as Subchapter G, Chapter 2308, Occupations Code, and Sections 684.031 through 684.035, Transportation Code, are renumbered as Sections 2308.301 through 2308.305, Occupations Code, and amended to read as follows:

SUBCHAPTER G [C]. SIGNS PROHIBITING UNAUTHORIZED VEHICLES AND DESIGNATING RESTRICTED AREAS

Sec.i2308.301i[684.031].iiGENERAL REQUIREMENTS FOR SIGN PROHIBITING UNAUTHORIZED VEHICLES. (a) Except as provided by Subsection (a)(2)(B) and Section 2308.304 [684.034] or 2308.305 [684.035] an unauthorized vehicle may not be towed under Section 2308.252(a)(1) [684.012(a)(1)] unless a sign prohibiting unauthorized vehicles on a parking facility is:

(1)iifacing and conspicuously visible to the driver of a vehicle that enters the facility;

(2)iilocated:

7220 80th LEGISLATURE — REGULAR SESSION

(A)iion the right or left side of each driveway or curb-cut through which a vehicle can enter the facility, including an entry from an alley abutting the facility; or

(B)iiat intervals along the entrance so that no entrance is farther than 25 feet from a sign if:

(i)iicurbs, access barriers, landscaping, or driveways do not establish definite vehicle entrances onto a parking facility from a public roadway other than an alley; and

(ii)iithe width of an entrance exceeds 35 feet;

(3)iipermanently mounted on a pole, post, permanent wall, or permanent barrier;

(4)iiinstalled on the parking facility; and

(5)iiinstalled so that the bottom edge of the sign is no lower than five feet and no higher than eight feet above ground level.

(b)iiExcept as provided by Section 2308.305 [684.035], an unauthorized vehicle may be towed under Section 2308.252(a)(1) [684.012(a)(1)] only if each sign prohibiting unauthorized vehicles:

(1)iiis made of weather-resistant material;

(2)iiis at least 18 inches wide and 24 inches tall;

(3)iicontains the international symbol for towing vehicles;

(4)iicontains a statement describing who may park in the parking facility and prohibiting all others;

(5)iibears the words "Unauthorized Vehicles Will Be Towed at Owner's or Operator's Expense";

(6)iicontains a statement of the days and hours of towing enforcement; and

(7)iicontains a number, including the area code, of a telephone that is answered 24 hours a day to enable an owner or operator of a vehicle to locate the vehicle.

Sec.i2308.302 [684.032].iiCOLOR, LAYOUT, AND LETTERING HEIGHT REQUIREMENTS. (a) Except as provided by Section 2308.305 [684.035], each sign required by this chapter must comply with the color, layout, and lettering height requirements of this section.

(b)iiA bright red international towing symbol, which is a solid silhouette of a tow truck towing a vehicle on a generally rectangular white background, at least four inches in height, must be on the uppermost portion of a sign or on a separate sign placed immediately above the sign.

(c)iiThe portion of the sign immediately below the international towing symbol must contain the words "Towing Enforced" or the information provided by Section 2308.301(b)(4) [684.031(b)(4)] in lettering at least two inches in height. The lettering on this portion of the sign must consist of white letters on a bright red background.

(d)iiExcept as provided by Subsection (e), the next lower portion of the sign must contain the remaining information required by Section 2308.301(b) [684.031(b)] displayed in bright red letters at least one inch in height on a white background.

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(e)iiThe bottommost portion of the sign must contain the telephone number required by Section 2308.301(b) [684.031(b)], in lettering at least one inch in height and may, if the facility owner chooses or if an applicable municipal ordinance requires, include the name and address of the storage facility to which an unauthorized vehicle will be removed. The lettering on this portion of the sign must consist of white letters on a bright red background.

Sec.i2308.303 [684.033].iiTELEPHONE NUMBER FOR LOCATING TOWED VEHICLE REQUIRED. If a parking facility owner posts a sign described by Sections 2308.301 [684.031] and 2308.302 [684.032], the owner of a vehicle that is towed from the facility under this chapter must be able to locate the vehicle by calling the telephone number on the sign.

Sec.i2308.304 [684.034].iiDESIGNATION OF RESTRICTED PARKING SPACES ON OTHERWISE UNRESTRICTED PARKING FACILITY. A parking facility owner may designate one or more spaces as restricted parking spaces on a portion of an otherwise unrestricted parking facility. Instead of installing a sign at each entrance to the parking facility as provided by Section 2308.301(a)(2) [684.031(a)(2)], an owner may place a sign that prohibits unauthorized vehicles from parking in designated spaces and that otherwise complies with Sections 2308.301 [684.031] and 2308.302 [684.032]:

(1)iiat the right or left side of each entrance to a designated area or group of parking spaces located on the restricted portion of the parking facility; or

(2)iiat the end of a restricted parking space so that the sign, the top of which must not be higher than seven feet above the ground, is in front of a vehicle that is parked in the space and the rear of which is at the entrance of the space.

Sec.i2308.305 [684.035].iiINDIVIDUAL PARKING RESTRICTIONS IN RESTRICTED AREA. (a) A parking facility owner who complies with Sections 2308.301 [684.031] and 2308.302 [684.032] may impose further specific parking restrictions in an area to which the signs apply for individual spaces by installing or painting a weather-resistant sign or notice on a curb, pole, post, permanent wall, or permanent barrier so that the sign is in front of a vehicle that is parked in the space and the rear of which is at the entrance of the space.

(b)iiThe top of the sign or notice may not be higher than seven feet above the ground.

(c)iiThe sign or notice must include an indication that the space is reserved for a particular unit number, person, or type of person.

(d)iiThe letters on the sign or notice must be at least two inches in height and must contrast to the color of the curb, wall, or barrier so they can be read during the day and at night. The letters are not required to be illuminated or made of reflective material.

SECTIONi2.05.iiSubchapter D, Chapter 684, Transportation Code, is transferred to Chapter 2308, Occupations Code, and redesignated as Subchapter H, Chapter 2308, Occupations Code, and Sections 684.051 through 684.054, Transportation Code, are renumbered as Sections 2308.351 through 2308.354, Occupations Code, and amended to read as follows:

7222 80th LEGISLATURE — REGULAR SESSION

SUBCHAPTER H [D]. REGULATION OF PARKING ON CERTAIN PUBLIC ROADWAY AREAS

Sec.i2308.351 [684.051].iiREMOVAL OF UNAUTHORIZED VEHICLE FROM LEASED RIGHT-OF-WAY. Unless prohibited by the lease, a parking facility owner or towing company may remove an unauthorized vehicle parked in a leased area described by Section 2308.002(7)(B)(i) [684.001(1)(B)(i)] if the owner or towing company gives notice under Section 2308.252(a)(1), (2), or (3) [684.012(a)(1), (2), or (3)] and otherwise complies with this chapter.

Sec.i2308.352 [684.052].iiREMOVAL OF UNAUTHORIZED VEHICLE FROM AREA BETWEEN PARKING FACILITY AND PUBLIC ROADWAY. Unless prohibited by a municipal ordinance, a parking facility owner or towing company may remove an unauthorized vehicle any part of which is in an area described by Section 2308.002(7)(B)(ii) [684.001(1)(B)(ii)] if notice provided by Section 2308.252(a)(2) or (3) [684.012(a)(2) or (3)] is given and the owner or towing company has otherwise complied with this chapter.

Sec.i2308.353 [684.053].iiREMOVAL UNDER GOVERNMENTAL ENTITY'S AUTHORITY OF UNAUTHORIZED VEHICLE PARKED IN RIGHT-OF-WAY. (a) A governmental entity that has jurisdiction over a public roadway and that has posted one or more signs in the right-of-way stating that parking is prohibited in the right-of-way may:

(1)iiremove or contract with a towing company to remove an unauthorized vehicle parked in the right-of-way of the public roadway; or

(2)iigrant written permission to an abutting parking facility owner to:

(A)iipost one or more "No parking in R.O.W." signs along a common property line of the facility and the roadway; and

(B)iiremove vehicles from the right-of-way of the public roadway under this chapter.

(b)iiA sign under Subsection (a)(2) must:

(1)iistate that a vehicle parked in the right-of-way may be towed at the expense of the owner or operator of the vehicle;

(2)iibe placed facing the public roadway:

(A)iion the parking facility owner's property not more than two feet from the common boundary line; and

(B)iiat intervals so that no point in the boundary line is less than 25 feet from a sign posted under this subsection; and

(3)iiin all other respects comply with Subchapter G [C].

(c)iiAfter signs have been posted under Subsection (b), the parking facility owner or a towing company may remove an unauthorized vehicle from the right-of-way subject to the governmental entity's written permission given under Subsection (a)(2).

Sec.i2308.354 [684.054].iiAUTHORITY FOR REMOVAL OF VEHICLE FROM PUBLIC ROADWAY. (a) Under an ordinance of a municipality regulating the parking of vehicles in the municipality, to aid in the enforcement of the ordinance, an employee designated by the municipality may be authorized to:

(1)iiimmobilize a vehicle parked in the municipality; and

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(2)iiremove an immobilized vehicle from a public roadway in the municipality.

(b)iiA parking facility owner or towing company may not remove a vehicle from a public roadway except under:

(1)iithis chapter or a municipal ordinance that complies with Section 2308.208 [684.101]; or

(2)iithe direction of a peace officer or the owner or operator of the vehicle.

SECTIONi2.06.iiSubchapter E, Chapter 684, Transportation Code, is transferred to Chapter 2308, Occupations Code, and redesignated as Subchapter I, Chapter 2308, Occupations Code, and Sections 684.081 through 684.087, Transportation Code, are renumbered as Sections 2308.401 through 2308.407, Occupations Code, to read as follows:

SUBCHAPTER I [E]. REGULATION OF TOWING COMPANIES AND PARKING FACILITY OWNERS

Sec.i2308.401 [684.081].iiPARKING FACILITY OWNER PROHIBITED FROM RECEIVING FINANCIAL GAIN FROM TOWING COMPANY. (a) A parking facility owner may not directly or indirectly accept anything of value from a towing company in connection with the removal of a vehicle from a parking facility.

(b)iiA parking facility owner may not have a direct or indirect monetary interest in a towing company that for compensation removes unauthorized vehicles from a parking facility in which the parking facility owner has an interest.

Sec.i2308.402 [684.082].iiTOWING COMPANY PROHIBITED FROM FINANCIAL INVOLVEMENT WITH PARKING FACILITY OWNER. (a) A towing company may not directly or indirectly give anything of value to a parking facility owner in connection with the removal of a vehicle from a parking facility.

(b)iiA towing company may not have a direct or indirect monetary interest in a parking facility from which the towing company for compensation removes unauthorized vehicles.

Sec.i2308.403 [684.083].iiLIMITATION ON LIABILITY OF PARKING FACILITY OWNER FOR REMOVAL OR STORAGE OF UNAUTHORIZED VEHICLE. A parking facility owner who causes the removal of an unauthorized vehicle is not liable for damages arising from the removal or storage of the vehicle if the vehicle:

(1)iiwas removed in compliance with this chapter; and

(2)iiis:

(A)iiremoved by a towing company insured against liability for property damage incurred in towing a vehicle; and

(B)iistored by a vehicle storage facility insured against liability for property damage incurred in storing a vehicle.

7224 80th LEGISLATURE — REGULAR SESSION

Sec.i2308.404 [684.084].iiCIVIL LIABILITY OF TOWING COMPANY OR PARKING FACILITY OWNER FOR VIOLATION OF CHAPTER. (a) A towing company or parking facility owner who violates this chapter is liable to the owner or operator of the vehicle that is the subject of the violation for:

(1)iidamages arising from the removal or storage of the vehicle; and

(2)iitowing or storage fees assessed in connection with the vehicle's removal or storage.

(b)iiA vehicle's owner or operator is not required to prove negligence of a parking facility owner or towing company to recover under Subsection (a).

(c)iiA towing company or parking facility owner who intentionally, knowingly, or recklessly violates this chapter is liable to the owner or operator of the vehicle that is the subject of the violation for $300 plus three times the amount of fees assessed in the vehicle's removal, towing, or storage.

(d)iiIn a suit brought under this chapter, the prevailing party is entitled to recover reasonable attorney's fees.

Sec.i2308.405 [684.085].iiVIOLATION OF CHAPTER; FINE. A violation of this chapter is a misdemeanor punishable by a fine of not less than $500 or more than $1,500.

Sec.i2308.406 [684.086].iiVIOLATION OF CHAPTER; INJUNCTION. A violation of this chapter may be enjoined under Subchapter E, Chapter 17, Business & Commerce Code.

Sec.i2308.407 [684.087].iiMINOR SIGN OR LETTERING HEIGHT VARIATIONS. A minor variation of a required or minimum height of a sign or lettering is not a violation of this chapter.

SECTIONi2.07.iiSections 685.002 through 685.010, Transportation Code, are transferred to Chapter 2308, Occupations Code, designated as Subchapter J, Chapter 2308, Occupations Code, renumbered as Sections 2308.451 through 2308.459, Occupations Code, and amended to read as follows:

SUBCHAPTER J. RIGHTS OF OWNERS AND OPERATORS OF STORED VEHICLES

Sec.i2308.451 [685.002].iiPAYMENT OF COST OF REMOVAL AND STORAGE OF VEHICLE. (a) If in a hearing held under this chapter the court finds that a person or law enforcement agency authorized, with probable cause, the removal and storage in a vehicle storage facility of a vehicle, the person who requested the hearing shall pay the costs of the removal and storage.

(b)iiIf in a hearing held under this chapter the court does not find that a person or law enforcement agency authorized, with probable cause, the removal and storage in a vehicle storage facility of a vehicle, the person or law enforcement agency that authorized the removal shall:

(1)iipay the costs of the removal and storage; or