HOUSE JOURNAL

SEVENTY-NINTH LEGISLATURE, REGULAR SESSION

PROCEEDINGS

SEVENTY-SIXTH DAY — TUESDAY, MAY 24, 2005

The house met at 10 a.m. and was called to order by the speaker.

The roll of the house was called and a quorum was announced present (Recordi789).

Present — Mr. Speaker; Allen, A.; Allen, R.; Alonzo; Anchia; Anderson; Bailey; Baxter; Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Campbell; Casteel; Castro; Chavez; Chisum; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Escobar; Farabee; Farrar; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Herrero; Hilderbran; Hill; Hochberg; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Jones, J.; Keel; Keffer, B.; Keffer, J.; King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Leibowitz; Luna; Madden; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno, P.; Morrison; Mowery; Naishtat; Nixon; Noriega, M.; Oliveira; Olivo; Orr; Otto; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna; Riddle; Ritter; Rodriguez; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solis; Solomons; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Uresti; Van Arsdale; Veasey; Villarreal; Vo; West; Wong; Woolley; Zedler.

Absent, Excused — Hodge.

Absent — Crownover.

The invocation was offered by Reverend Barry Loving, senior minister, First Christian Church, Pampa, as follows:

Most wonderful God, with joy and great expectation we praise you for this day. You have blessed us with another day of life. You have called us to a time such as this. This time when our elected representatives gather to conduct business concerning this wonderful State of Texas in which we chose to live. Thank you for this time.

We beseech thee God, to continually remind us of the responsibility we have to all peoples as we consider the items of business before us this day. Might all who gather here have hearts and minds which work in accordance with your will.

We pray, O God that you would continue to bless this chamber with your presence. We ask that your blessings be upon each of these representatives, Speaker Craddick, Governor Perry, and President Bush. Empower them as they lead in their respected positions. Empower all of us with the fortitude to walk in the ways of love and peace, and in doing so may we share your grace and mercy with all those we encounter in this day. A day of blessings indeed! We pray these things in the name of Jesus the Christ. Amen.

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

REGULAR ORDER OF BUSINESS SUSPENDED

On motion of Representative Nixon and by unanimous consent, the reading and referral of bills was postponed until just prior to adjournment.

CAPITOL PHYSICIAN

The speaker recognized Representative Hardcastle who presented Dr. Max Latham of Bowie as the "Doctor for the Day."

The house welcomed Dr. Latham and thanked him for his participation in the Physician of the Day Program sponsored by the Texas Academy of Family Physicians.

(B. Cook in the chair)

HR 1798 - ADOPTED
(by Giddings)

Representative Giddings moved to suspend all necessary rules to take up and consider at this time HRi1798.

The motion prevailed.

The following resolution was laid before the house:

HR 1798, Congratulating the Texas Department of Licensing and Regulation on receiving the 2004 Texas State Agency Safety Excellence Award.

HR 1798 was read and was adopted.

On motion of Representative Goolsby, the names of all the members of the house were added to HRi1798 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representative Giddings who introduced directors of the Texas Department of Licensing and Regulation.

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).

4208 79th LEGISLATURE — REGULAR SESSION

HR 1815 - ADOPTED
(by Ritter)

Representative Ritter moved to suspend all necessary rules to take up and consider at this time HRi1815.

The motion prevailed.

The following resolution was laid before the house:

HR 1815, In memory of Tom Jackson of Beaumont.

HR 1815 was read and was unanimously adopted by a rising vote.

On motion of Representative R. Cook, the names of all the members of the house were added to HRi1815 as signers thereof.

HR 2074 - ADOPTED
(by Farrar, Rodriguez, Anchia, Naishtat, Coleman, et al.)

Representative Farrar moved to suspend all necessary rules to take up and consider at this time HRi2074.

The motion prevailed.

The following resolution was laid before the house:

HR 2074, Honoring social work students from the University of Houston and The University of Texas for their service throughout the 79th Legislature.

HR 2074 was read and was adopted.

On motion of Representative J. Davis, the names of all the members of the house were added to HRi2074 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representative Farrar who introduced social work interns from the University of Houston and The University of Texas.

HR 2024 - ADOPTED
(by Peña, Vo, Gonzales, and Guillen)

Representative Peña moved to suspend all necessary rules to take up and consider at this time HRi2024.

The motion prevailed.

The following resolution was laid before the house:

HR 2024, Honoring Louis Patino, D.C., for his contributions to the health and well-being of his fellow Texans.

HR 2024 was adopted.

On motion of Representative Y. Davis, the names of all the members of the house were added to HRi2024 as signers thereof.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4209

COMMITTEE GRANTED PERMISSION TO MEET

Representative Solomons requested permission for the conference committee on HB 7 and SB 5 to meet while the house is in session for the remainder of the session.

Permission to meet was granted.

COMMITTEE MEETING ANNOUNCEMENT

The following committee meeting was announced:

Conference Committee on HB 7 and SB 5, 11 a.m. today, Betty King Room.

RESOLUTIONS ADOPTED

Representative Edwards moved to suspend all necessary rules in order to take up and consider at this time HR 1715 - 1716, HR 1760, HR 1849, HR 1913 - HR 1917, HR 1944, HR 1945, HR 1838, HR 1837, and HR 1942.

The motion prevailed.

The following resolutions were laid before the house:

HR 1715 (by Y. Davis), Honoring Destinee Nacole Waiters of San Antonio on her service as an intern during the 79th Legislative Session.

HR 1716 (by Y. Davis), Honoring Melisha S. Craft of Houston on her service as an intern during the 79th Legislative Session.

HR 1760 (by Y. Davis), In memory of Arthello Beck, Jr., of Dallas.

HR 1849 (by Y. Davis), Honoring Mariah Willis of Odessa for her academic, athletic, and community achievements.

HR 1913 (by Y. Davis), Congratulating Daryl Jerome Burton II of Grand Prairie on receiving the Future African American Leadership Award from the Texas Legislative Black Caucus.

HR 1914 (by Y. Davis), Congratulating Ophelia Hines of Dallas on her selection as a 2005 Outstanding Texan by the Texas Legislative Black Caucus.

HR 1915 (by Y. Davis), Congratulating Edna Pemberton on being named an Outstanding Texan by the Texas Legislative Black Caucus.

HR 1916 (by Y. Davis), Congratulating Jennifer Joy Medlock of Dallas on being named an Outstanding Texan by the Texas Legislative Black Caucus.

HR 1917 (by Y. Davis), Congratulating Mariah L. Willis of Odessa on her receipt of the 2005 Future African American Leadership Award from the Texas Legislative Black Caucus.

HR 1944 (by Y. Daviss), Congratulating Sergeant Rosalind Perry of Garland on her receipt of an Outstanding Texan Award in the area of public safety/law enforcement from the Texas Legislative Black Caucus.

HR 1945 (by Y. Davis), Honoring Robert Medlock as a 2005 Texas Legislative Black Caucus Outstanding Texan.

4210 79th LEGISLATURE — REGULAR SESSION

HR 1837 (by McCall), Honoring Nancy Boyd on the occasion of her retirement from the Plano Independent School District.

HR 1838 (by McCall), Congratulating Abby Robinson Kratz on receiving her doctorate in education leadership from Texas A&M University–Corpus Christi.

HR 1942 (by McCall), Congratulating the Plano West High School lacrosse team on winning the Division II state championship crown.

The resolutions were adopted.

HR 1884 - ADOPTED
(by Corte)

Representative Corte moved to suspend all necessary rules to take up and consider at this time HRi1884.

The motion prevailed.

The following resolution was laid before the house:

HR 1884, Convening a memorial session in the chamber of the Texas House of Representatives to honor all Texans killed during the Global War on Terrorism.

BE IT RESOLVED by the House of Representatives of the 79th Texas Legislature that the House of Representatives of the State of Texas meet in memorial session in the Hall of the House of Representatives on Thursday, Mayi26, 2005, to honor all Texans killed while serving in the Global War on Terrorism; and, be it further

RESOLVED, That the Honorable Rick Perry, Governor of Texas, all Texas state officials, and the family members of those killed in the Global War on Terrorism be, and hereby are, invited to attend the memorial session.

HR 1884 was read and was adopted.

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. 50).

LEAVES OF ABSENCE GRANTED

The following members were granted leaves of absence temporarily for today to attend a meeting of the conference committee on HB 7 and SB 5:

Giddings on motion of Homer.

Rose on motion of Homer.

Solomons on motion of Homer.

Taylor on motion of Homer.

Zedler on motion of Homer.

POSTPONED BUSINESS

The following bills were laid before the house as postponed business:

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4211

SB 447 ON SECOND READING
(Madden - House Sponsor)

SB 447, A bill to be entitled An Act relating to the sale of tax receivables by a local government.

SB 447 was read second time on May 16, postponed until May 17, postponed until May 23, and was again postponed until 5:30 p.m. May 23.

Representative Madden moved to postpone consideration of SBi447 until 12ip.m. today.

The motion prevailed.

CSSB 1863 ON SECOND READING
(Pitts - House Sponsor)

CSSB 1863, A bill to be entitled An Act relating to certain fiscal matters affecting governmental entities.

CSSB 1863 was read second time on May 22, postponed until May 23, and was again postponed until 10 a.m. today.

Representative Pitts moved to postpone consideration of CSSBi1863 until 11:45 a.m. today.

The motion prevailed.

MAJOR STATE CALENDAR
SENATE BILLS
THIRD READING

The following bills were laid before the house and read third time:

SB 1691 ON THIRD READING
(Eiland - House Sponsor)

SB 1691, A bill to be entitled An Act relating to certain retired school employees and the powers and duties of the Teacher Retirement System of Texas; providing a penalty.

SBi1691 was passed. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: A. Allen and Gallego recorded voting no; Herrero, Leibowitz, M. Noriega, and Peña recorded voting present, not voting; Solis recorded voting yes.)

MAJOR STATE CALENDAR
SENATE BILLS
SECOND READING

The following bills were laid before the house and read second time:

4212 79th LEGISLATURE — REGULAR SESSION

CSSB 890 ON SECOND READING
(Nixon - House Sponsor)

CSSB 890, A bill to be entitled An Act relating to the amount of recovery in a civil action.

CSSBi890 was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

SB 837 ON SECOND READING
(Keel - House Sponsor)

SB 837, A bill to be entitled An Act relating to the insanity defense.

Amendment No. 1 (Committee Amendment No. 1)

Representative Keel offered the following committee amendment to SBi837:

Amend SB 837 (Senate engrossed version) as follows:

(1)iiIn SECTION 2 of the bill, in added Subsection (b), Article 46C.051, Code of Criminal Procedure (page 2, line 19), strike "10" and substitute "20".

(2)iiIn SECTION 2 of the bill, in added Subsection (b), Article 46C.051, Code of Criminal Procedure (page 2, line 20), strike "Subsections (c) and (d)" and substitute "Subsection (c)".

(3)iiIn SECTION 2 of the bill, in added Subsection (c), Article 46C.051, Code of Criminal Procedure (page 2, line 21), strike "10-day" and substitute "20-day".

(4)iiIn SECTION 2 of the bill, in added Article 46C.051, Code of Criminal Procedure (page 2, lines 23-26), strike Subsection (d).

Amendment No. 1 was adopted.

Amendment No. 2

Representative Keel offered the following amendment to SBi837:

Amend SB 837 (House committee printing) as follows:

(1) In SECTION 2 of the bill, immediately following added Subsection (b), Article 46C.258, Code of Criminal Procedure (page 19, between lines 7 and 8), insert the following:

(c) Not later than the 60th day before the date of expiration of the order, the head of the facility shall transmit to the committing court a psychological evaluation of the acquitted person, a certificate of medical examination of the person, and any recommendation for further treatment of the person. The committing court shall make the documents available to the attorneys representing the state and the acquitted person.

(2) In SECTION 2 of the bill, in added Subsection (d), Article 46C.263, Code of Criminal Procedure (page 24, line 11), between "by" and "the", insert "the appropriate community supervision and corrections department or".

Amendment No. 2 was adopted.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4213

SB 837, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

CSSB 60 ON SECOND READING
(Goolsby, McClendon, Dutton, Keel, and Talton - House Sponsors)

CSSB 60, A bill to be entitled An Act relating to the representation of certain defendants in capital cases and to the punishment for a capital felony or other felony punishable by a term of imprisonment exceeding 99 years.

Amendment No. 1

Representative Talton offered the following amendment to CSSBi60:

Amend CSSB 60 (house committee printing) as follows:

(1)iiStrike SECTIONS 2 and 3 of the bill (page 1, line 23, through page 3, line 26).

(2)iiStrike SECTIONS 13-22 of the bill (page 10, line 10, through page 14, line 22).

(3)iiRenumber remaining SECTIONS of the bill accordingly.

Amendment No. 1 was adopted.

Amendment No. 2

Representative Dutton offered the following amendment to CSSBi60:

Amend CSSB 60 (house committee printing) as follows:

(1)iiStrike SECTION 1 of the bill (page 1, lines 6-22) and substitute the following:

SECTIONi1.iiSection 12.31, Penal Code, is amended to read as follows:

Sec.i12.31.iiCAPITAL FELONY.ii(a)iiAn individual adjudged guilty of a capital felony in a case in which the state seeks the death penalty shall be punished by imprisonment in the institutional division for life, for life without parole, or by death. An individual adjudged guilty of a capital felony in a case in which the state does not seek the death penalty shall be punished by imprisonment in the institutional division for life or for life without parole.

(b)iiIn a capital felony trial in which the state seeks the death penalty, prospective jurors shall be informed that a sentence of life imprisonment, life imprisonment without parole, or death is mandatory on conviction of a capital felony. In a capital felony trial in which the state does not seek the death penalty, prospective jurors shall be informed that the state is not seeking the death penalty and that a sentence of life imprisonment or life imprisonment without parole is mandatory on conviction of the capital felony.

(2)iiStrike SECTION 4 of the bill (page 3, line 27 through page 4, line 12) and substitute the following:

SECTIONi4.iiSection 508.046, Government Code, is amended to read as follows:

4214 79th LEGISLATURE — REGULAR SESSION

Sec.i508.046.iiEXTRAORDINARY VOTE REQUIRED.iiTo release on parole an inmate who was convicted of a capital felony punishable by imprisonment for life or an offense under Section 21.11(a)(1) or 22.021, Penal Code, or who is required under Section 508.145(c) to serve 35 calendar years before becoming eligible for release on parole, all members of the board must vote on the release on parole of the inmate, and at least two-thirds of the members must vote in favor of the release on parole. A member of the board may not vote on the release unless the member first receives a copy of a written report from the department on the probability that the inmate would commit an offense after being released on parole.

(3)iiStrike SECTION 5 of the bill (page 4, lines 13–21) and substitute the following:

SECTIONi5.iiSection 508.145(a), Government Code, is amended to read as follows:

(a)iiAn inmate under sentence of death or serving a sentence of life imprisonment without parole is not eligible for release on parole.

(4)iiStrike SECTION 6 of the bill (page 4, lines 22-26) and substitute the following:

SECTIONi6.iiSection 1, Article 37.071, Code of Criminal Procedure, is amended to read as follows:

Sec.i1.ii(a) In a capital case in which the state does not seek the death penalty, on a finding at trial that the defendant is guilty of a capital offense, or on a plea of guilty or nolo contendere by the defendant, the court shall conduct a separate sentencing proceeding to determine whether the defendant shall be sentenced to life imprisonment or life imprisonment without parole. The proceeding shall be conducted in the trial court and before the trial jury as soon as practicable, except that the court shall empanel a new jury if required by Article 44.29(c) or if the defendant has entered a plea of guilty or nolo contendere and requested that a jury assess punishment. After a finding of guilty is returned or after the defendant enters a plea of guilty or nolo contendere, the defendant, with the consent of the attorney representing the state, may change the defendant's election of who assesses punishment. In the proceeding, evidence may be presented by the state and the defendant or the defendant's counsel as to any matter that the court considers relevant to sentence, in the same manner as if the defendant were being sentenced in a noncapital case. This subsection may not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or of the State of Texas.

(b)iiAt the proceeding under this section, the court shall instruct the jury that, after taking into account all the evidence described by Subsection (a), the jury shall assess as punishment on the defendant a sentence of life imprisonment in the institutional division of the Texas Department of Criminal Justice or a sentence of imprisonment in the institutional division for life without parole. The court shall further charge the jury that a defendant sentenced to imprisonment for life without parole under this section is ineligible for release from the institutional division on parole or mandatory supervision and that a defendant sentenced to imprisonment for life is ineligible for release from the institutional division on

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4215

(c)iiIf the jury assesses punishment as life imprisonment or is unable to assess punishment, the court shall sentence the defendant to life imprisonment in the institutional division of the Texas Department of Criminal Justice. If the jury assesses punishment as imprisonment for life without parole, the court shall sentence the defendant to imprisonment in the institutional division for life without parole. [If a defendant is found guilty in a capital felony case in which the state does not seek the death penalty, the judge shall sentence the defendant to life imprisonment.]

(5)iiIn SECTION 7 of the bill, in Subdivision (1), Subsection (a), Section 2, Article 37.071, Code of Criminal Procedure (page 5, line 6), strike "death or" and substitute "death, life imprisonment, or".

(6)iiStrike SECTION 8 of the bill (page 5, line 23 through page 7, line 3) and substitute the following:

SECTIONi8.iiSection 2(e), Article 37.071, Code of Criminal Procedure, is amended to read as follows:

(e)(1)iiThe judge [court] shall instruct the jury that if the jury returns an affirmative finding to each issue submitted under Subsection (b) [of this article], it shall answer the following issue:

Whether, taking into consideration all of the evidence, including the circumstances of the offense, the defendant's character and background, and the personal moral culpability of the defendant, there is a sufficient mitigating circumstance or circumstances to warrant that a sentence of life imprisonment or life imprisonment without parole rather than a death sentence be imposed.

(2)iiThe judge shall instruct the jury that:

(A)iiif the jury returns an affirmative finding on each issue submitted under Subsection (b) and a negative finding on an issue submitted under Subdivision (1), the judge shall sentence the defendant to death;

(B)iiif the jury returns an affirmative finding on each issue submitted under Subsection (b) and returns an affirmative finding on an issue submitted under Subdivision (1), the judge shall sentence the defendant to life imprisonment without parole; and

(C)iiif the jury returns a negative finding on an issue submitted under Subsection (b), the judge shall sentence the defendant to life imprisonment.

(3)iiThe judge, after instructing the jury under Subdivision (2), shall further charge the jury that a defendant sentenced to imprisonment for life without parole under this article is ineligible for release from the institutional division of the Texas Department of Criminal Justice on parole or mandatory supervision and that a defendant sentenced to imprisonment for life under this article is ineligible for release from the institutional division on mandatory supervision and is ineligible for release from the institutional division on parole until the defendant's actual calendar time served, without consideration of good conduct time, equals 40 years. [The court, on the written request of the attorney representing the defendant, shall:

4216 79th LEGISLATURE — REGULAR SESSION

[(A)iiinstruct the jury that if the jury answers that a circumstance or circumstances warrant that a sentence of life imprisonment rather than a death sentence be imposed, the court will sentence the defendant to imprisonment in the institutional division of the Texas Department of Criminal Justice for life; and

[(B)iicharge the jury in writing as follows:

["Under the law applicable in this case, if the defendant is sentenced to imprisonment in the institutional division of the Texas Department of Criminal Justice for life, the defendant will become eligible for release on parole, but not until the actual time served by the defendant equals 40 years, without consideration of any good conduct time. It cannot accurately be predicted how the parole laws might be applied to this defendant if the defendant is sentenced to a term of imprisonment for life because the application of those laws will depend on decisions made by prison and parole authorities, but eligibility for parole does not guarantee that parole will be granted."]

(7)iiStrike SECTION 9 of the bill (page 7, lines 4–16) and substitute the following:

SECTIONi9.iiSection 2(g), Article 37.071, Code of Criminal Procedure, is amended to read as follows:

(g)iiIf the jury returns an affirmative finding on each issue submitted under Subsection (b) [of this article] and a negative finding on an issue submitted under Subsection (e)(1) [of this article], the judge [court] shall sentence the defendant to death. If the jury returns an affirmative finding on each issue submitted under Subsection (b) and returns an affirmative finding on an issue submitted under Subsection (e)(1) or is unable to answer an issue submitted under Subsection (e)(1), the judge shall sentence the defendant to imprisonment in the institutional division of the Texas Department of Criminal Justice for life without parole. If the jury returns a negative finding on any issue submitted under Subsection (b) [of this article or an affirmative finding on an issue submitted under Subsection (e) of this article] or is unable to answer any issue submitted under Subsection (b) [or (e) of this article], the judge [court] shall sentence the defendant to imprisonment [confinement] in the institutional division [of the Texas Department of Criminal Justice] for life.

(8)iiStrike SECTIONS 10 and 11 of the bill (page 7, line 17 through page 9, line 21).

(9)iiRenumber remaining SECTIONS of the bill accordingly.

Amendment No. 2 was withdrawn.

Amendment No. 3

Representative Keel offered the following amendment to CSSBi60:

Amend CSSB 60 (House committee printing) by striking SECTION 12 of the bill (page 9, line 22 through page 10, line 9) and renumbering subsequent SECTIONS accordingly.

Amendment No. 3 was adopted.

Amendment No. 4

Representative Keel offered the following amendment to CSSBi60:

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4217

Amend CSSB 60 (House committee printing) as follows:

(1)iiIn SECTION 10 of the bill, strike amended Subsection (a), Article 44.251, Code of Criminal Procedure (page 7, lines 19-27), and substitute the following:

(a)iiThe court of criminal appeals shall reform a sentence of death to a sentence of confinement in the institutional division of the Texas Department of Criminal Justice for life without parole if the court finds that there is legally insufficient evidence to support an affirmative answer to an issue submitted to the jury under Section 2(b), Article 37.071[, or Section 3(b), Article 37.0711, of this code or a negative answer to an issue submitted to a jury under Section 2(e), Article 37.071, or Section 3(e), Article 37.0711, of this code].

(2)iiIn SECTION 11 of the bill, strike added Subsection (b), Article 44.2511, Code of Criminal Procedure (page 8, line 23, through page 9, line 2), and substitute the following:

(b)iiThe court of criminal appeals shall reform a sentence of death to a sentence of confinement in the institutional division of the Texas Department of Criminal Justice for life if the court finds that there is legally insufficient evidence to support an affirmative answer to an issue submitted to the jury under Section 3(b), Article 37.0711.

Amendment No. 4 was adopted.

Amendment No. 5

Representative Dutton offered the following amendment to CSSBi60:

Amend CSSB 60 (house committee printing) by adding an appropriately numbered SECTION to read as follows and by renumbering existing SECTIONS of the bill accordingly:

SECTIONi____.iiSection 8.07(c), Penal Code, is amended to read as follows:

(c)iiNo person may, in any case, be punished by death for an offense committed while the person [he] was younger than 18 [17] years.

Amendment No. 5 was adopted.

Amendment No. 6

Representative Keel offered the following amendment to CSSBi60:

Amend CSSB 60 (committee printing) as follows:

(1)iiIn SECTION 24 of the bill, at the end of amended Section 2(d), Article 11.071, Code of Criminal Procedure (page 15, line 8), strike "criminal" and substitute "capital".

(2)iiIn SECTION 25 of the bill, in amended Subdivision (2), Article 26.052(d), Code of Criminal Procedure (page 15, line 15), between "case" and the colon, insert "or an attorney appointed as lead counsel in the direct appeal of a death penalty case".

(3)iiIn SECTION 25 of the bill, in amended Paragraph (C), Subdivision (2), Article 26.052(d), Code of Criminal Procedure (page 15, line 22), strike "criminal" and substitute "capital".

4218 79th LEGISLATURE — REGULAR SESSION

(4)iiIn SECTION 25 of the bill, strike proposed Subdivision (3), Article 26.052(d), Code of Criminal Procedure (page 16, lines 11-15), and renumber existing subdivisions of that article accordingly.

Amendment No. 6 was adopted.

(Speaker in the chair)

(Crownover now present)

A record vote was requested.

CSSB 60, as amended, was passed to third reading by (Record 790): 104 Yeas, 37 Nays, 1 Present, not voting.

Yeas — Allen, A.; Alonzo; Anchia; Bailey; Baxter; Berman; Blake; Bohac; Branch; Brown, F.; Burnam; Casteel; Castro; Chavez; Coleman; Cook, B.; Cook, R.; Crabb; Davis, J.; Davis, Y.; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Escobar; Farabee; Farrar; Flores; Flynn; Frost; Gallego; Gattis; Gonzales; Gonzalez Toureilles; Goodman; Goolsby; Griggs; Grusendorf; Hardcastle; Hegar; Herrero; Hilderbran; Hochberg; Homer; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Jones, J.; Keel; King, P.; King, T.; Kolkhorst; Krusee; Laney; Leibowitz; Luna; Madden; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Moreno, P.; Morrison; Naishtat; Nixon; Noriega, M.; Oliveira; Olivo; Orr; Otto; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna; Rodriguez; Seaman; Smith, W.; Solis; Strama; Straus; Talton; Thompson; Truitt; Turner; Uresti; Veasey; Villarreal; Vo; West; Wong.

Nays — Allen, R.; Anderson; Bonnen; Brown, B.; Callegari; Campbell; Corte; Crownover; Dawson; Delisi; Edwards; Elkins; Geren; Guillen; Haggerty; Hamilton; Hamric; Harper-Brown; Hartnett; Hill; Hope; Hopson; Jackson; Keffer, B.; Keffer, J.; Kuempel; Laubenberg; Miller; Mowery; Paxton; Riddle; Ritter; Smith, T.; Smithee; Swinford; Van Arsdale; Woolley.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Hodge.

Absent, Excused, Committee Meeting — Giddings; Rose; Solomons; Taylor; Zedler.

Absent — Chisum.

(Hilderbran in the chair)

CSSB 1188 ON SECOND READING
(Delisi - House Sponsor)

CSSB 1188, A bill to be entitled An Act relating to the medical assistance program and the provision of related services.

Amendment No. 1

Representative Delisi offered the following amendment to CSSBi1188:

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4219

Amend CSSB 1188 by adding the following appropriately numbered Sections to the bill and renumbering subsequent Sections of the bill accordingly:

SECTIONi___.iiSection 531.102, Government Code, is amended by adding Subsections (j) and (k) to read as follows:

(j)iiThe office shall prepare a final report on each audit or investigation conducted under this section. The final report must include:

(1)iia summary of the activities performed by the office in conducting the audit or investigation;

(2)iia statement regarding whether the audit or investigation resulted in a finding of any wrongdoing; and

(3)iia description of any findings of wrongdoing.

(k)iiA final report on an audit or investigation is subject to required disclosure under Chapter 552. All information and materials compiled during the audit or investigation remain confidential and not subject to required disclosure in accordance with Section 531.1021(g).

SECTIONi___.iiSection 531.1021, Government Code, is amended by amending Subsection (g) and adding Subsection (h) to read as follows:

(g)iiAll information and materials subpoenaed or compiled by the office in connection with an audit or investigation are confidential and not subject to disclosure under Chapter 552, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the office or its employees or agents involved in the audit or investigation conducted by the office, except that this information may be disclosed to the office of the attorney general, the state auditor's office, and law enforcement agencies.

(h)iiA person who receives information under Subsection (g) may disclose the information only in accordance with Subsection (g) and in a manner that is consistent with the authorized purpose for which the person first received the information.

Amendment No. 1 was adopted.

Amendment No. 2

Representative Delisi offered the following amendment to CSSBi1188:

Amend CSSB 1188 (House Committee Printing) as follows:

(1)iiAdd the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTIONi____.iiMEDICAL INFORMATION TELEPHONE HOTLINE. (a) Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.02131 to read as follows:

Sec.i531.02131.iiMEDICAID MEDICAL INFORMATION TELEPHONE HOTLINE PILOT PROGRAM. (a) In this section, "net cost-savings" means the total projected cost of Medicaid benefits for an area served under the pilot program minus the actual cost of Medicaid benefits for the area.

(b)iiThe commission shall evaluate the cost-effectiveness, in regard to preventing unnecessary emergency room visits and ensuring that Medicaid recipients seek medical treatment in the most medically appropriate and cost-effective setting, of developing a Medicaid medical information telephone

4220 79th LEGISLATURE — REGULAR SESSION

(c)iiThe commission shall select the area in which to implement the pilot program. The selected area must include:

(1)iiat least two counties; and

(2)iinot more than 100,000 Medicaid recipients, with approximately 50 percent of the recipients enrolled in a managed care program in which the recipients receive services from a health maintenance organization.

(d)iiThe commission shall request proposals from private vendors for the operation of a telephone hotline under the pilot program. The commission may not award a contract to a vendor unless the vendor agrees to contractual terms:

(1)iirequiring the vendor to answer medical questions and provide medical information by telephone to recipients using only physicians;

(2)iiproviding that the value of the contract is contingent on achievement of net cost-savings in the area served by the vendor; and

(3)iipermitting the commission to terminate the contract after a reasonable period if the vendor's services do not result in net cost-savings in the area served by the vendor.

(e)iiThe commission shall periodically determine whether the pilot program is resulting in net cost-savings. The commission shall discontinue the pilot program if the commission determines that the pilot program is not resulting in net cost-savings after a reasonable period.

(f)iiNotwithstanding any other provision of this section, including Subsection (b), the commission is not required to develop the pilot program if suitable private vendors are not available to operate the telephone hotline.

(g)iiThe executive commissioner shall adopt rules necessary for implementation of this section.

(b)iiNot later than December 1, 2005, the Health and Human Services Commission shall determine whether the pilot program described by Section 531.02131, Government Code, as added by this section, is likely to result in net cost-savings. If the determination indicates that net cost-savings are likely, the commission shall take the action required by Subsections (c), (d), and (e) of this section.

(c)iiNot later than January 1, 2006, the Health and Human Services Commission shall select the counties in which the pilot program will be implemented.

(d)iiNot later than February 1, 2006, the Health and Human Services Commission shall request proposals from private vendors for the operation of a medical information telephone hotline. The commission shall evaluate the proposals and choose one or more vendors as soon as possible after the receipt of the proposals.

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(e)iiNot later than January 1, 2007, the Health and Human Services Commission shall report to the governor, the lieutenant governor, and the speaker of the house of representatives regarding the pilot program. The report must include:

(1)iia description of the status of the pilot program, including whether the commission was unable to contract with a suitable vendor;

(2)iiif the pilot program has been implemented:

(A)iian evaluation of the effects of the pilot program on emergency room visits by program participants; and

(B)iia description of cost savings in the area included in the pilot program; and

(3)iirecommendations regarding expanding or revising the pilot program.

(2)iiIn SECTION 11(a) of the bill (page 28, lines 18 through 19), strike "Except as otherwise provided by this subsection and Subsection (d) of this section," and substitute "Except as otherwise provided by this Act,".

Amendment No. 2 was adopted.

Amendment No. 3

Representative Delisi offered the following amendment to CSSBi1188:

Amend CSSB 1188 (House Committee Printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi____.iiOFFICE OF MEDICAL TECHNOLOGY. Subchapter A, Chapter 531, Government Code, is amended by adding Section 531.0081 to read as follows:

Sec.i531.0081.iiOFFICE OF MEDICAL TECHNOLOGY. (a) In this section, "office" means the office of medical technology.

(b)iiThe commission shall establish the office of medical technology within the commission. The office shall explore and evaluate new developments in medical technology and propose implementing the technology in the medical assistance program under Chapter 32, Human Resources Code, if appropriate and cost-effective.

(c)iiOffice staff must have skills and experience in research regarding health care technology.

SECTIONi____.iiMEDICAID REIMBURSEMENT RATES. (a) Section 531.021, Government Code, is amended by adding Subsections (f) and (g) to read as follows:

(f)iiIn adopting rates for medical assistance payments under Subsection (b)(2), the executive commissioner may adopt reimbursement rates for appropriate nursing services provided to recipients with certain health conditions if those services are determined to provide a cost-effective alternative to hospitalization. A physician must certify that the nursing services are medically appropriate for the recipient for those services to qualify for reimbursement under this subsection.

4222 79th LEGISLATURE — REGULAR SESSION

(g)iiIn adopting rates for medical assistance payments under Subsection (b)(2), the executive commissioner may adopt cost-effective reimbursement rates for group appointments with medical assistance providers for certain diseases and medical conditions specified by rules of the executive commissioner.

(b)iiSubchapter B, Chapter 531, Government Code, is amended by adding Section 531.02175 to read as follows:

Sec.i531.02175.iiREIMBURSEMENT FOR ONLINE MEDICAL CONSULTATIONS. (a) In this section, "physician" means a person licensed to practice medicine in this state under Subtitle B, Title 3, Occupations Code.

(b)iiSubject to the requirements of this subsection, the executive commissioner by rule may require the commission and each health and human services agency that administers a part of the Medicaid program to provide Medicaid reimbursement for a medical consultation that is provided by a physician or other health care professional using the Internet as a cost-effective alternative to an in-person consultation. The executive commissioner may require the commission or a health and human services agency to provide the reimbursement described by this subsection only if the Centers for Medicare and Medicaid Services develop an appropriate Current Procedural Terminology code for medical services provided using the Internet.

(c)iiThe executive commissioner may develop and implement a pilot program in one or more sites chosen by the executive commissioner under which Medicaid reimbursements are paid for medical consultations provided by physicians or other health care professionals using the Internet. The pilot program must be designed to test whether an Internet medical consultation is a cost-effective alternative to an in-person consultation under the Medicaid program. The executive commissioner may modify the pilot program as necessary throughout its implementation to maximize the potential cost-effectiveness of Internet medical consultations. If the executive commissioner determines from the pilot program that Internet medical consultations are cost-effective, the executive commissioner may expand the pilot program to additional sites or may implement Medicaid reimbursements for Internet medical consultations statewide.

(d)iiThe executive commissioner is not required to implement the pilot program authorized under Subsection (c) as a prerequisite to providing Medicaid reimbursement authorized by Subsection (b) on a statewide basis.

SECTIONi____.iiHOSPITAL EMERGENCY ROOM USE REDUCTION. (a) Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.085 to read as follows:

Sec.i531.085.iiHOSPITAL EMERGENCY ROOM USE REDUCTION INITIATIVES. The commission shall develop and implement a comprehensive plan to reduce the use of hospital emergency room services by recipients under the medical assistance program. The plan may include:

(1)iia pilot program designed to facilitate program participants in accessing an appropriate level of health care, which may include as components:

(A)iiproviding program participants access to bilingual health services providers; and

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(B)iigiving program participants information on how to access primary care physicians, advanced practice nurses, and local health clinics;

(2)iia pilot program under which health care providers, other than hospitals, are given financial incentives for treating recipients outside of normal business hours to divert those recipients from hospital emergency rooms;

(3)iipayment of a nominal referral fee to hospital emergency rooms that perform an initial medical evaluation of a recipient and subsequently refer the recipient, if medically stable, to an appropriate level of health care, such as care provided by a primary care physician, advanced practice nurse, or local clinic;

(4)iia program under which the commission or a managed care organization that enters into a contract with the commission under Chapter 533 contacts, by telephone or mail, a recipient who accesses a hospital emergency room three times during a six-month period and provides the recipient with information on ways the recipient may secure a medical home to avoid unnecessary treatment at hospital emergency rooms;

(5)iia health care literacy program under which the commission develops partnerships with other state agencies and private entities to:

(A)iiassist the commission in developing materials that:

(i)iicontain basic health care information for parents of young children who are recipients under the medical assistance program and who are participating in public or private child-care or prekindergarten programs, including federal Head Start programs; and

(ii)iiare written in a language understandable to those parents and specifically tailored to be applicable to the needs of those parents;

(B)iidistribute the materials developed under Paragraph (A) to those parents; and

(C)iiotherwise teach those parents about the health care needs of their children and ways to address those needs; and

(6)iiother initiatives developed and implemented in other states that have shown success in reducing the incidence of unnecessary treatment in hospital emergency rooms.

(b)iiThe Health and Human Services Commission may develop the health care literacy component of the comprehensive plan to reduce the use of hospital emergency room services required by Section 531.085(5), Government Code, as added by this section, so that the health care literacy component operates in a manner similar to the manner in which the Johnson & Johnson/UCLA Health Care Institute operates its health care training program that is designed to teach parents to better address the health care needs of their children.

SECTIONi____.iiPERFORMANCE BONUS PILOT PROGRAM. Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.086 to read as follows:

Sec.i531.086.iiPERFORMANCE BONUS PILOT PROGRAM. (a) The commission shall develop a proposal for providing higher reimbursement rates to primary care case management providers under the Medicaid program who treat program recipients with chronic health conditions in accordance with evidence-based, nationally accepted best practices and standards of care.

4224 79th LEGISLATURE — REGULAR SESSION

(b)iiThe commission shall define the parameters of the proposed program, including:

(1)iithe types of chronic health conditions the program would target;

(2)iithe best practices and standards of care that must be followed for a provider to obtain a higher reimbursement rate under the proposed program; and

(3)iithe types of providers to whom the higher reimbursement rate would be offered under the proposed program.

(c)iiNot later than December 1, 2006, the Health and Human Services Commission shall report to the standing committees of the senate and the house of representatives having primary jurisdiction over welfare programs regarding the proposed program under this section. The report must include:

(1)iithe anticipated effect of the higher reimbursement rates to be offered under the program on the quality of care provided and the health outcomes for program recipients;

(2)iia determination of whether the program would be cost-effective; and

(3)iia recommendation regarding implementation of the program.

(d)iiThis section expires September 1, 2007.

SECTIONi____.iiRETURN OF UNUSED DRUGS. Section 562.1085, Occupations Code, is amended by amending Subsection (a) and adding Subsection (f) to read as follows:

(a)iiA pharmacist who practices in or serves as a consultant for a health care facility in this state may return to a pharmacy certain unused drugs, other than a controlled substance as defined by Chapter 481, Health and Safety Code, purchased from the pharmacy as provided by board rule. The unused drugs must:

(1)iibe approved by the federal Food and Drug Administration and be:

(A)iisealed in [the manufacturer's original] unopened tamper-evident packaging and either individually packaged or packaged in unit-dose packaging;

(B)iioral or parenteral medication in sealed single-dose containers approved by the federal Food and Drug Administration;

(C)iitopical or inhalant drugs in sealed units-of-use containers approved by the federal Food and Drug Administration; or

(D)iiparenteral medications in sealed multiple-dose containers approved by the federal Food and Drug Administration from which doses have not been withdrawn; and

(2)iinot be the subject of a mandatory recall by a state or federal agency or a voluntary recall by a drug seller or manufacturer.

(f)iiThe tamper-evident packaging required under Subsection (a)(1) for the return of unused drugs is not required to be the manufacturer's original packaging unless that packaging is required by federal law.

SECTIONi____.iiMEDICAID COVERAGE FOR HEALTH INSURANCE PREMIUMS AND LONG-TERM CARE NEEDS. (a) The Health and Human Services Commission shall explore the commission's authority under federal law to offer, and the cost and feasibility of offering:

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(1)iia stipend paid by the Medicaid program to a person to cover the cost of a private health insurance plan as an alternative to providing traditional Medicaid services for the person;

(2)iipremium payment assistance through the Medicaid program for long-term care insurance for a person with a health condition that increases the likelihood that the person will need long-term care in the future; and

(3)iia long-term care partnership between the Medicaid program and a person under which the person pays the premiums for long-term care insurance and the Medicaid program provides continued coverage after benefits under that insurance are exhausted.

(b)iiIn exploring the feasibility of the options described by Subsection (a) of this section, the Health and Human Services Commission shall consider whether other state incentives that could encourage persons to purchase health insurance plans or long-term care insurance are feasible. The incentives may include offering tax credits to businesses to increase the availability of affordable insurance.

(c)iiIf the Health and Human Services Commission determines that any of the options described by Subsection (a) of this section are feasible and cost-effective, the commission shall make efforts to implement those options to the extent they are authorized by federal law. The commission shall request any necessary waivers from the Centers for Medicare and Medicaid Services as soon as possible after determining that an option is feasible and cost-effective. If the commission determines that legislative changes are necessary to implement an option, the commission shall report to the 80th Legislature and specify the changes that are needed.

Amendment No. 3 was adopted.

Amendment No. 4

Representative Delisi offered the following amendment to CSSBi1188:

Amend CSSB 1188 (House Committee Printing) by adding the following appropriately numbered SECTION and renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi___.iiMEDICAID DISEASE MANAGEMENT PROGRAMS. (a) Section 533.009, Government Code, is amended by adding Subsection (f) to read as follows:

(f)iiThe executive commissioner, by rule, shall prescribe the minimum requirements that a managed care organization, in providing a disease management program, must meet to be eligible to receive a contract under this section. The managed care organization must, at a minimum, be required to:

(1)iiprovide disease management services that have performance measures for particular diseases that are comparable to the relevant performance measures applicable to a provider of disease management services under Section 32.059, Human Resources Code, as added by Chapter 208, Acts of the 78th Legislature, Regular Session, 2003; and

(2)iishow evidence of managing complex diseases in the Medicaid population.

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(b)iiSection 32.059, Human Resources Code, as added by Chapter 208, Acts of the 78th Legislature, Regular Session, 2003, is amended by amending Subsection (c) and adding Subsection (c-1) to read as follows:

(c)iiThe executive commissioner of the Health and Human Services Commission [department], by rule, shall prescribe the minimum requirements a provider of a disease management program must meet to be eligible to receive a contract under this section. The provider must, at a minimum, be required to:

(1)iiuse disease management approaches that are based on evidence-supported models, [minimum] standards of care in the medical community, and clinical outcomes; and

(2)iiensure that a recipient's primary care physician and other appropriate specialty physicians, or registered nurses, advanced practice nurses, or physician assistants specified and directed or supervised in accordance with applicable law by the recipient's primary care physician or other appropriate specialty physicians, become directly involved in the disease management program through which the recipient receives services.

(c-1)iiA managed care health plan that develops and implements a disease management program under Section 533.009, Government Code, and a provider of a disease management program under this section shall coordinate during a transition period beneficiary care for patients that move from one disease management program to another program.

(c)iiThe executive commissioner of the Health and Human Services Commission may use a provider of a disease management program under Section 32.059, Human Resources Code, as added by Chapter 208, Acts of the 78th Legislature, Regular Session, 2003, as amended by this section, to provide disease management services if the executive commissioner determines that the use of that provider will be more cost-effective to the Medicaid program than using a provider of a disease management program under Section 533.009, Government Code, as amended by this section. A Medicaid recipient currently in a disease management program provided under Section 32.059, Human Resources Code, as added by Chapter 208, Acts of the 78th Legislature, Regular Session, 2003, in a service area that is subject to a Medicaid managed care expansion may remain enrolled in the recipient's current disease management program if the executive commissioner determines that allowing those recipients to remain is cost-effective.

Amendment No. 4 was adopted.

Amendment No. 5

Representative Miller offered the following amendment to CSSBi1188:

Amend CSSB 1188 as follows:

(1) Strike added Section 531.502, Government Code, (page 2, lines 2-9) and substitute the following:

Sec. 531.502. MAXIMUM PRICE. The executive commissioner shall determine by rule the price of a prescription drug charged to an eligible person under the state pharmacy assistance program. The price may not exceed the sum of:

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4227

(1) the discounted acquisition price under the program; and

(2) a reasonable dispensing fee.

(2) Strike added Section 531.504(d), Government Code, (page 4, lines 13-23) and substitute the following:

(d) The executive commissioner by rule shall specify inventory and recordkeeping requirements for participating pharmacies.

(3) In added Section 531.505(a), Government Code (page 5, line 12-13) strike "an entity designated by the executive commissioner" and substitute "a physician who meets the requirements under Section 563.053, Occupations Code,".

(4) In added Section 531.505(b), Government Code (page 5, lines 16-17) strike "pharmacies or other".

Amendment No. 5 was withdrawn.

Amendment No. 6

Representative Thompson offered the following amendment to CSSBi1188:

Amend CSSB 1188 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi__.ii(a) Section 32.024(w), Human Resources Code, is amended to read as follows:

(w)iiThe department shall set a personal needs allowance of not less than $45 a month and, subject to availability of funds, shall set the personal needs allowance in an amount not less than $60 a month for a resident of a convalescent or nursing home or related institution licensed under Chapter 242, Health and Safety Code, personal care facility, ICF-MR facility, or other similar long-term care facility who receives medical assistance. The department may send the personal needs allowance directly to a resident who receives Supplemental Security Income (SSI) (42 U.S.C. Section 1381 et seq.). This subsection does not apply to a resident who is participating in a medical assistance waiver program administered by the department.

(b)iiThis section applies only to a personal needs allowance paid on or after the effective date of this Act.

Representative Delisi moved to table Amendment No. 6.

(Speaker in the chair)

A record vote was requested.

The motion to table was lost by (Record 791): 53 Yeas, 83 Nays, 1 Present, not voting.

Yeas — Anderson; Berman; Branch; Brown, B.; Callegari; Campbell; Chisum; Cook, B.; Corte; Crownover; Davis, J.; Dawson; Delisi; Denny; Eissler; Elkins; Flynn; Gattis; Griggs; Hardcastle; Harper-Brown; Hartnett; Hegar; Hope; Howard; Hupp; Isett; Jackson; Keffer, B.; Keffer, J.; Kolkhorst; Kuempel;

4228 79th LEGISLATURE — REGULAR SESSION

Nays — Allen, A.; Allen, R.; Alonzo; Anchia; Bailey; Blake; Bohac; Brown, F.; Burnam; Casteel; Castro; Chavez; Coleman; Cook, R.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Escobar; Farabee; Farrar; Flores; Frost; Gallego; Geren; Gonzales; Gonzalez Toureilles; Goodman; Goolsby; Guillen; Haggerty; Hamilton; Hamric; Herrero; Hilderbran; Hill; Hochberg; Homer; Hopson; Hughes; Hunter; Jones, J.; Keel; King, P.; King, T.; Krusee; Laney; Leibowitz; Luna; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Moreno, P.; Morrison; Naishtat; Noriega, M.; Oliveira; Olivo; Peña; Phillips; Pickett; Puente; Quintanilla; Raymond; Reyna; Ritter; Rodriguez; Solis; Strama; Straus; Thompson; Turner; Uresti; Veasey; Villarreal; Vo; West.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Hodge.

Absent, Excused, Committee Meeting — Giddings; Rose; Solomons; Taylor; Zedler.

Absent — Baxter; Bonnen; Crabb; Grusendorf; Jones, D.; Mowery.

STATEMENTS OF VOTE

I was shown voting yes on Record No. 791. I intended to vote no.

Kuempel

I was shown voting yes on Record No. 791. I intended to vote no.

Merritt

I was shown voting yes on Record No. 791. I intended to vote no.

T. Smith

(Talton in the chair)

Amendment No. 6 was withdrawn.

Amendment No. 7

Representative Miller offered the following amendment to CSSBi1188:

Amend CSSB 1188 as follows:

(1) Strike added Section 531.502, Government Code, (page 2, lines 2-9) and substitute the following:

Sec. 531.502. MAXIMUM PRICE. The executive commissioner shall determine by rule the price of a prescription drug charged to an eligible person under the state pharmacy assistance program. The price may not exceed the sum of:

(1) the discounted acquisition price under the program; and

(2) a reasonable dispensing fee.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4229

(2) Strike added Section 531.504(d), Government Code, (page 4, lines 13-23) and substitute the following:

(d) The executive commissioner by rule shall specify inventory and recordkeeping requirements for participating pharmacies.

(3) In added Section 531.505(a), Government Code (page 5, line 12-13) strike "an entity designated by the executive commissioner" and substitute "a physician who meets the requirements under Section 563.053, Occupations Code,".

(4) In added Section 531.505(b), Government Code (page 5, lines 16-17) strike "pharmacies or other".

Amendment No. 7 was adopted.

Amendment No. 8

Representative Hupp offered the following amendment to CSSBi1188:

Amend CSSB 1188 in SECTION 2 of the bill, in Subsection (d) (2) of that SECTION (House Committee Printing, page 5, line 10), between "rates" and ";", insert "and increase dispensing fees for pharmacies under the Medicaid program to better align those fees with actual dispensing costs".

Amendment No. 8 was adopted.

Amendment No. 9

Representative Gattis offered the following amendment to CSSBi1188:

Amend CSSB 1188 (house committee printing), Page 7 by adding a new number 7 as follows:

(7) links Medicaid and non-Medicaid data sets, including but not limited to data sets related to Medicaid, TANF, WIC, vital statistics, and other public health programs.

Amendment No. 9 was adopted.

Amendment No. 10

Representative Hupp offered the following amendment to CSSBi1188:

Amend CSSB 1188 (House Committee Printing) by adding the following appropriately numbered SECTION and renumbering subsequent SECTIONS of the bill accordingly:

SECTION __. ABOLITION OF LONG-TERM CARE LEGISLATIVE OVERSIGHT COMMITTEE; INTERIM REPORT ON LONG-TERM CARE. (a) On the effective date of this Act, Subchapter O, Chapter 242, Health and Safety Code, is repealed, and the long-term care legislative oversight committee established under that subchapter is abolished.

(b) All records in the custody of the long-term care legislative oversight committee that are related to a duty, function, or activity of the committee shall be transferred on the effective date of this Act to the standing committees of the senate and house of representatives having primary jurisdiction over long-term care services.

Amendment No. 10 was adopted.

4230 79th LEGISLATURE — REGULAR SESSION

Amendment No. 11

Representative Uresti offered the following amendment to CSSBi1188:

Amend CSSB 1188 (House Committee Printing) in SECTION 6 of the bill, in amended Section 533.005(a), Government Code (page 17, lines 14-17), by striking Subdivision (13) and substituting the following:

(13)iia requirement that the organization consider the use of advanced practice nurses as one type of primary care provider in the organization's provider network; and

Amendment No. 11 was adopted.

Amendment No. 12

Representative J. Davis offered the following amendment to CSSBi1188:

Amend CSSB 1188 (House Committee Printing) by adding the following appropriately numbered SECTION and renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi___.iiABOLITION OF HEALTH AND HUMAN SERVICES TRANSITION LEGISLATIVE OVERSIGHT COMMITTEE. The Health and Human Services Transition Legislative Oversight Committee established under Section 1.22, Chapter 198, Acts of the 78th Legislature, Regular Session, 2003, is abolished on the effective date of this Act.

Amendment No. 12 was adopted.

Amendment No. 13

Representative Truitt offered the following amendment to CSSBi1188:

Amend CSSB 1188, SECTION 5(a), as follows:

(1) On page 17, line 17, by striking the word "and"

(2) On page 17, line 25, by inserting the following between the word "network" and the period:

; and (15) a requirement that the managed care organization develop, implement and maintain a system for tracking and resolving all provider appeals related to claims payment, including a process that will require:

(A) a tracking mechanism to document the status and final disposition of each provider's claims payment appeal;

(B) the contracting with physicians who are not network providers and who are of the same or related specialty as the appealing physician to resolve claims disputes related to denial on the basis of medical necessity that remain unresolved subsequent to a provider appeal; and

(C) the determination of the physician resolving the dispute to be binding on the managed care organization and provider.

(3) On page 18, line 20, by striking the word "and"

(4) On page 19, line 17, by inserting the following between the word "notifications" and the period:

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; and (5) reserve the right to amend the managed care organization's process for resolving provider appeals of denials based on medical necessity to include an independent review process established by commission for final determination of these disputes

Amendment No. 13 was adopted.

Amendment No. 14

Representative Truitt offered the following amendment to CSSBi1188:

Amend CSSB 1188 (House Committee Printing) in SECTION 6 of the bill by adding the following appropriately lettered subsection to that SECTION and relettering subsequent subsections of that SECTION accordingly:

( ) Subchapter A, Chapter 533, Government Code, is amended by adding Section 533.00251 as follows:

Sec. 533.00251. PRESERVATION OF UPPER PAYMENT LIMIT PROVISIONS OF MEDICAID PROGRAM. (a) The commission shall compute any potential reduction or elimination of federal Medicaid payments allowed under the upper payment limit provisions of the Medicaid program that are made to public hospitals or other safety net hospitals that serve recipients that might result from the implementation of a proposal to implement or expand any Medicaid managed care model or arrangement in a health care service region. The commission shall consider the results of the potential reduction or elimination in making decisions regarding the implementation of the proposal.

(b) Before implementing a proposal described by Subsection (a) in a health care service region that might result in a reduction or elimination of federal Medicaid payments allowed under the upper payment limit provisions of the Medicaid program, the commission must submit a report regarding the proposal to the governor, lieutenant governor, speaker of the house of representatives, and presiding officers of each standing committee of the senate and house of representatives having jurisdiction over the Medicaid program.

(c) A report required under Subsection (b) must include:

(1) a description of the proposed implementation or expansion of the Medicaid managed care model or arrangement; and

(2) the potential impact on the federal Medicaid payments allowed under the upper payment limit provisions of the Medicaid program.

Amendment No. 14 was adopted.

Amendment No. 15

Representative McReynolds offered the following amendment to CSSBi1188:

Amend CSSB 1188 (House committee printing) in SECTION 8 of the bill in Subsection (e) (page 25, line 22) following the last sentence, by inserting the following:

4232 79th LEGISLATURE — REGULAR SESSION

In conducting the study, the commission shall solicit stakeholder input and consider information from any other optimization-related projects currently being operated, including the Consolidated Waiver Project authorized by 531.0219, Government Code, former projects including the Mental Retardation Local Authority program, and related information from projects in other states.

Amendment No. 15 was adopted.

Amendment No. 16

Representative Miller offered the following amendment to CSSBi1188:

Amend CSSB 1188 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION .iiPHARMACEUTICAL AND THERAPEUTICS COMMITTEE. Section 531.074, Government Code, is amended by adding Subsection (m) to read as follows:

(m) The commission or the commission's agent shall publicly disclose each specific drug recommended for preferred drug list status for each drug class included in the preferred drug list for the Medicaid vendor drug program. The disclosure must be made in writing after the conclusion of committee deliberations that result in recommendations made to the executive commissioner regarding the placement of drugs on the preferred drug list.

Amendment No. 16 was adopted.

Amendment No. 17

Representative Miller offered the following amendment to CSSBi1188:

Amend CSSB 1188 (House Committee Printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi__.iiABOLITION OF INTERAGENCY COUNCIL ON PHARMACEUTICALS BULK PURCHASING. (a) The Interagency Council on Pharmaceuticals Bulk Purchasing is abolished.

(b) Chapter 111, Health and Safety Code, and Sections 431.116(e) and 431.208(d), Health and Safety Code, are repealed.

Amendment No. 17 was adopted.

Amendment No. 18

Representative Miller offered the following amendment to CSSBi1188:

Amend CSSB 1188 (House Committee Printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION __. PRESCRIPTION DRUGS. Section 531.070(1), Government Code, is amended to read as follows:

(1) Each year the commission shall provide a written report to the legislature and the governor. The report shall cover:

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(1) the cost of administering the preferred drug lists adopted under Section 531.072;

(2) an analysis of the utilization trends for medical services provided by the state and any correlation to the preferred drug lists;

(3) an analysis of the effect on health outcomes and results for recipients; [and]

(4) statistical information related to the number of approvals granted or denied; and

(5) an analysis of the effect during the preceding year of the implementation of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Pub. L. No. 108-173) on the preferred drug list adopted under Section 531.072 and the prior authorization requirements under Section 531.073 applicable under the Medicaid vendor drug program.

Amendment No. 18 was adopted.

Amendment No. 19

Representative Miller offered the following amendment to CSSBi1188:

Amend CSSB 1188 (House Committee Printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION __. PRESCRIPTION DRUGS. (a) Section 531.070, Government Code, is amended by adding Subsection (n) to read as follows:

(n) Before entering into a supplemental rebate agreement with a manufacturer, the commission shall disclose to the manufacturer any clinical edits or clinical protocols that the commission knows might be imposed during the term of the agreement on a particular class of drugs on the preferred drug list adopted under Section 531.072 that applies under the Medicaid vendor drug program. If the commission does not disclose a clinical edit or clinical protocol as required by this subsection that would otherwise apply to a drug that is manufactured by the manufacturer and that will be provided under the Medicaid vendor drug program, the clinical edit or clinical protocol may not be imposed on the drug during the term of the agreement.

(b) Section 531.070(n), Government Code, as added by this section, applies only to a supplemental rebate agreement that is entered into or renewed on or after the effective date of this Act. A supplemental rebate agreement that is entered into or renewed before the effective date of this Act is governed by the law in effect on the date the agreement was entered into or renewed, and the former law is continued in effect for that purpose.

Amendment No. 19 was adopted.

Amendment No. 20

Representative Gattis offered the following amendment to CSSBi1188:

Amend CSSB 1188 (house committee printing) by adding the following appropriately numbered SECTION and renumbering subsequent SECTIONS accordingly:

4234 79th LEGISLATURE — REGULAR SESSION

SECTION __. FRAUD AND ABUSE INVESTIGATIONS. Section 531.1021, Government Code, is amended by amending Subsection (g) and adding Subsections (h) and (i) to read as follows:

(g) Except as provided by Subsection (h), all [All] information and materials subpoenaed or compiled by the office in connection with an open fraud and abuse investigation are confidential and not subject to disclosure under Chapter 552, and not subject to disclosure, discovery, subpoena, or other means of legal compulsion for their release to anyone other than the office or its employees or agents involved in the investigation conducted by the office, except that this information may be disclosed to the office of the attorney general and other law enforcement agencies.

(h) This section may not be interpreted to prohibit the disclosure of information contained in a closed fraud and abuse investigative case file or information contained in a fraud and abuse investigative case file relating to a case that has been resolved by settlement, unless disclosure is otherwise prohibited by law.

(i) For purposes of this section, a fraud and abuse investigation is any formal inquiry of the office of inspector general that:

(1) is based upon a suspicion of fraud, as defined by Section 531.1011, in the provision of health and human services; or

(2) supports a claim by the state or a health and human services agency of fraud in the provision of health and human services.

Amendment No. 20 was adopted.

Amendment No. 21

Representative Hopson offered the following amendment to CSSBi1188:

Amend CSSB 1188 by adding the following appropriately numbered section to the bill and renumbering existing sections accordingly:

SECTIONi__.ii(a) Sections 481.074(o) and (p), Health and Safety Code, are amended to read as follows:

(o)iiA pharmacist may dispense a Schedule II controlled substance pursuant to a facsimile copy of an official prescription completed in the manner required by Section 481.075 and transmitted by the practitioner or the practitioner's agent to the pharmacy if:

(1)iithe prescription is written for:

(A)iia Schedule II narcotic or nonnarcotic substance for a patient in a long-term care facility (LTCF), and the practitioner notes on the prescription "LTCF patient";

(B)iia Schedule II narcotic product to be compounded for the direct administration to a patient by parenteral, intravenous, intramuscular, subcutaneous, or intraspinal infusion; or

(C)iia Schedule II narcotic substance for a patient with a medical diagnosis documenting a terminal illness or a patient enrolled in a hospice care program certified or paid for by Medicare under Title XVIII, Social Security Act (42 U.S.C. Section 1395 et seq.), as amended, by Medicaid, or by a hospice

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(2)iiafter transmitting the prescription, the prescribing practitioner or the practitioner's agent:

(A)iiwrites across the face of the official prescription "VOID–sent by fax to (name and telephone number of receiving pharmacy)"; and

(B)iifiles the official prescription in the patient's medical records instead of delivering it to the patient [promptly complies with Subsection (p)].

(p)ii[Not later than the seventh day after the date a prescribing practitioner transmits the facsimile copy of the official prescription to the pharmacy, the prescribing practitioner shall deliver in person or mail the official written prescription to the dispensing pharmacist at the pharmacy where the prescription was dispensed. The envelope of a prescription delivered by mail must be postmarked not later than the seventh day after the date the official prescription was written.] On receipt of the prescription, the dispensing pharmacy shall file the facsimile copy of the prescription [with the official prescription] and shall send information to the director as required by Section 481.075.

(b)iiThis section 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 section takes effect September 1, 2005.

Amendment No. 21 was adopted.

Amendment No. 22

Representatives Hopson, Otto, Menendez, and R. Allen offered the following amendment to CSSBi1188:

Amend CSSB 1188 (House Committee Printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION __. PROVISION OF CERTAIN PRESCRIPTION DRUGS PROHIBITED. Section 32.024, Human Resources Code, is amended by adding Subsection (bb) to read as follows:

(bb) The department may not provide an erectile dysfunction medication under the Medicaid vendor drug program to a person required to register as a sex offender under Chapter 62, Code of Criminal Procedure, to the maximum extent federal law allows the department to deny that medication.

Amendment No. 22 was adopted.

Amendment No. 23

Representative Naishtat offered the following amendment to CSSBi1188:

Amend CSSB 1188 by adding the following appropriately numbered SECTIONS and renumbering subsequent SECTIONS accordingly:

SECTION . Section 32.027, Human Resources Code, is amended by adding Subsection (1) to read as follows:

4236 79th LEGISLATURE — REGULAR SESSION

(1) Subject to appropriations, the department shall assure that a recipient of medical assistance under this chapter may select a licensed psychologist, a licensed marriage and family therapist, as defined by Section 502.002, Occupations Code, a licensed professional counselor, as defined by Section 503.002, Occupations Code, or a licensed master social worker, as defined by Section 505.002, Occupations Code, to perform any health care service or procedure covered under the medical assistance program if the selected person is authorized by law to perform the service or procedure.

SECTION 2. Section 32.027(e), Human Resources Code, as amended by Chapter 1251, Acts of the 78th Legislature, Regular Session, 2003, is repealed.

Amendment No. 23 was adopted.

Amendment No. 24

Representative Naishtat offered the following amendment to CSSBi1188:

Amend CSSB 1188 (House Committee Printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi__.iiADMINISTRATIVE AND JUDICIAL REVIEW OF MEDICAID DECISIONS. (a) Subchapter A, Chapter 531, Government Code, is amended by adding Section 531.019 to read as follows:

Sec.i531.019.iiADMINISTRATIVE AND JUDICIAL REVIEW OF CERTAIN DECISIONS. (a) In this section, "medical assistance benefits" means benefits provided under the medical assistance program under Chapter 32, Human Resources Code.

(b)iiThe proceedings of a hearing related to a decision regarding medical assistance benefits contested by an applicant for or recipient of the benefits that is conducted by the commission or a health and human services agency to which the commission delegates a function related to the benefits must be recorded electronically. Notwithstanding Section 2001.177, the cost of preparing the record and transcript required to be sent to a reviewing court may not be charged to the applicant for or recipient of the benefits.

(c)iiBefore an applicant for or recipient of medical assistance benefits may appeal a decision of a hearing officer for the commission or a health and human services agency related to those benefits, the applicant or recipient must request an administrative review by an appropriate attorney of the commission or a health and human services agency, as applicable, in accordance with rules of the executive commissioner. Not later than the 15th business day after the date the attorney receives the request for administrative review, the attorney shall complete an administrative review of the decision and notify the applicant or recipient in writing of the results of that review.

(d)iiExcept as provided by this section, Subchapters G and H, Chapter 2001, govern an appeal of a decision made by a hearing officer for the commission or a health and human services agency related to medical assistance benefits brought by an applicant for or recipient of the benefits.

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(e)iiFor purposes of Section 2001.171, an applicant for or recipient of medical assistance benefits has exhausted all available administrative remedies and a decision, including a decision under Section 32.035, Human Resources Code, is final and appealable on the date that, after a hearing:

(1)iithe hearing officer for the commission or a health and human services agency reaches a final decision related to the benefits; and

(2)iithe appropriate attorney completes an administrative review of the decision and notifies the applicant or recipient in writing of the results of that review.

(f)iiFor purposes of Section 2001.171, an applicant for or recipient of medical assistance benefits is not required to file a motion for rehearing with the commission or a health and human services agency, as applicable.

(g)iiJudicial review of a decision made by a hearing officer for the commission or a health and human services agency related to medical assistance benefits is under the substantial evidence rule and is instituted by filing a petition with a district court in Travis County, as provided by Subchapter G, Chapter 2001.

(h)iiAn appeal described by Subsection (d) takes precedence over all civil cases except workers' compensation and unemployment compensation cases.

(i)iiThe appellee is the commission.

(b)iiSection 2001.223, Government Code, is amended to read as follows:

Sec.i2001.223.iiEXCEPTIONS FROM DECLARATORY JUDGMENT, COURT ENFORCEMENT, AND CONTESTED CASE PROVISIONS. Section 2001.038 and Subchapters C through H do not apply to:

(1)iiexcept as provided by Section 531.019, the granting, payment, denial, or withdrawal of financial or medical assistance or benefits under service programs that were operated by the former [of the] Texas Department of Human Services before September 1, 2003, and are operated on and after that date by the Health and Human Services Commission or a health and human services agency, as defined by Section 531.001;

(2)iiaction by the Banking Commissioner or the Finance Commission of Texas regarding the issuance of a state bank or state trust company charter for a bank or trust company to assume the assets and liabilities of a financial institution that the commissioner considers to be in hazardous condition as defined by Section 31.002(a) or 181.002(a), Finance Code, as applicable;

(3)iia hearing or interview conducted by the Board of Pardons and Paroles or the pardons and paroles division of the Texas Department of Criminal Justice relating to the grant, rescission, or revocation of parole or other form of administrative release; or

(4)iithe suspension, revocation, or termination of the certification of a breath analysis operator or technical supervisor under the rules of the Department of Public Safety.

(c)iiThe changes in law made by this section apply only to an appeal of a final decision by the Health and Human Services Commission or a health and human services agency to which the commission delegates a function related to medical assistance benefits under Chapter 32, Human Resources Code, that is

4238 79th LEGISLATURE — REGULAR SESSION

Amendment No. 24 was adopted.

Amendment No. 25

Representative Isett offered the following amendment to CSSBi1188:

Amend CSSB 1188 as follows:

On page 18, line 15 add or is covered by another liable third party insurer. after the word program.

On page 18, line 18 between the words "payments" and "and" insert , payments from other liable third parties,

Amendment No. 25 was withdrawn.

Amendment No. 26

Representatives Hughes and Peña offered the following amendment to CSSBi1188:

Amend CSSB 1188 (House Committee Printing) in SECTION 5(a) of the bill by striking added Section 531.083, Government Code (page 11, line 23, through page 12, line 15), and substituting the following:

Sec. 531.083. MEDICAID LONG-TERM CARE SYSTEM. The commission shall ensure that the Medicaid long-term care system provides the broadest array of choices possible for recipients while ensuring that the services are delivered in a manner that is cost-effective and makes the best use of available funds. The commission shall also make every effort to improve the quality of care for recipients of Medicaid long-term care services by:

(1) evaluating the need for expanding the provider base for consumer-directed services and, if the commission identifies a demand for that expansion, encouraging area agencies on aging, independent living centers, and other potential long-term care providers to become providers through contracts with the Department of Aging and Disability Services;

(2) ensuring that each recipient who resides in a nursing facility and the person responsible for making health care decisions for the recipient are provided information about end-of-life care options and the importance of planning for end-of-life care, including the need for an advanced directive, as defined by Section 166.002, Health and Safety Code;

(3) developing policies to encourage a recipient who resides in a nursing facility to receive treatment at that facility whenever possible, while ensuring that the recipient receives an appropriate continuum of care; and

(4) ensuring that each recipient who resides in a nursing facility receives Medicaid long-term care coverage for the cost of a transfer to a willing provider and continued available life-sustaining treatment until the transfer is completed and, notwithstanding Sections 166.045 and 166.046, Health and Safety Code, is provided available life-sustaining treatment, if:

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(A) the recipient's attending physician or nursing facility decides to deny the treatment under Section 166.045 or 166.046, Health and Safety Code;

(B) the recipient, the recipient's advanced directive, as defined by Section 166.002, Health and Safety Code, or the person responsible for making health care decisions for the recipient directs that the treatment be provided; and

(C) denial of the treatment, in reasonable medical judgment, would likely result in the recipient's death.

Amendment No. 26 was withdrawn.

Amendment No. 27

Representative Isett offered the following amendment to CSSBi1188:

Amend CSSB 1188 as follows:

On page 18, line 15 add or is covered by another liable third party insurer. after the word program.

On page 18, line 18 between the words "payments" and "and" insert , payments from other liable third parties,

Amendment No. 27 was adopted.

Amendment No. 28

Representatives Hughes and Peña offered the following amendment to CSSBi1188:

Amend CSSB 1188 (House Committee Printing) in SECTION 5(a) of the bill by striking added Section 531.083, Government Code (page 11, line 23, through page 12, line 15), and substituting the following:

Sec.i531.083.iiMEDICAID LONG-TERM CARE SYSTEM. The commission shall ensure that the Medicaid long-term care system provides the broadest array of choices possible for recipients while ensuring that the services are delivered in a manner that is cost-effective and makes the best use of available funds. The commission shall also make every effort to improve the quality of care for recipients of Medicaid long-term care services by:

(1)iievaluating the need for expanding the provider base for consumer-directed services and, if the commission identifies a demand for that expansion, encouraging area agencies on aging, independent living centers, and other potential long-term care providers to become providers through contracts with the Department of Aging and Disability Services;

(2)iiensuring that each recipient who resides in a nursing facility and the person responsible for making health care decisions for the recipient are provided information about end-of-life care options and the importance of planning for end-of-life care, including the need for an advanced directive, as defined by Section 166.002, Health and Safety Code;

(3)iideveloping policies to encourage a recipient who resides in a nursing facility to receive treatment at that facility whenever possible, while ensuring that the recipient receives an appropriate continuum of care; and

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(4)iiensuring that each recipient who resides in a nursing facility receives Medicaid long-term care coverage for the cost of a transfer to a willing provider and continued available life-sustaining treatment until the transfer is completed and, notwithstanding Sections 166.045 and 166.046, Health and Safety Code, is provided available life-sustaining treatment, if:

(A)iithe recipient's attending physician or nursing facility decides to deny the treatment under Section 166.045 or 166.046, Health and Safety Code;

(B)iithe recipient, the recipient's advanced directive, as defined by Section 166.002, Health and Safety Code, or the person responsible for making health care decisions for the recipient directs that the treatment be provided; and

(C)iidenial of the treatment, in reasonable medical judgment, would likely result in the recipient's death.

(Martinez in the chair)

Amendment No. 28 was adopted.

Amendment No. 29

Representative Thompson offered the following amendment to CSSBi1188:

Amend CSSB 1188 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi__.ii(a) Section 32.024(w), Human Resources Code, is amended to read as follows:

(w)iiThe department shall set a personal needs allowance of not less than $45 a month and, subject to availability of funds, shall set the personal needs allowance in an amount not less than $60 a month for a resident of a convalescent or nursing home or related institution licensed under Chapter 242, Health and Safety Code, personal care facility, ICF-MR facility, or other similar long-term care facility who receives medical assistance. The department may send the personal needs allowance directly to a resident who receives Supplemental Security Income (SSI) (42 U.S.C. Section 1381 et seq.). This subsection does not apply to a resident who is participating in a medical assistance waiver program administered by the department.

(b)iiThis section applies only to a personal needs allowance paid on or after the effective date of this Act.

Amendment No. 30

Representative Thompson offered the following amendment to Amendment No. 29:

Amend the Thompson amendment to CSSB 1188 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi__.ii(a) Section 32.024(w), Human Resources Code, is amended to read as follows:

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(w)iiThe department shall set a personal needs allowance of not less than $45 a month and, shall set the personal needs allowance in an amount not less than $60 a month for a resident of a convalescent or nursing home or related institution licensed under Chapter 242, Health and Safety Code, personal care facility, ICF-MR facility, or other similar long-term care facility who receives medical assistance. The department may send the personal needs allowance directly to a resident who receives Supplemental Security Income (SSI) (42 U.S.C. Section 1381 et seq.). This subsection does not apply to a resident who is participating in a medical assistance waiver program administered by the department.

(b)iiThis section applies only to a personal needs allowance paid on or after the effective date of this Act.

Amendment No. 30 was adopted.

A record vote was requested.

Amendment No. 29, as amended, was adopted by (Record 792): 139 Yeas, 1 Nays, 1 Present, not voting.

Yeas — Allen, A.; Allen, R.; Alonzo; Anchia; Anderson; Bailey; Baxter; Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Campbell; Casteel; Castro; Chavez; Chisum; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Escobar; Farabee; Farrar; Flores; Flynn; Frost; Gallego; Gattis; Geren; Gonzales; Gonzalez Toureilles; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Herrero; Hilderbran; Hill; Hochberg; Homer; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Jones, J.; Keel; Keffer, B.; Keffer, J.; King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Laney; Leibowitz; Luna; Madden; Martinez Fischer; Martinez(C); McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno, P.; Morrison; Mowery; Naishtat; Nixon; Noriega, M.; Oliveira; Olivo; Orr; Otto; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna; Riddle; Ritter; Rodriguez; Seaman; Smith, T.; Smith, W.; Solis; Strama; Straus; Swinford; Talton; Thompson; Truitt; Turner; Uresti; Van Arsdale; Veasey; Villarreal; Vo; West; Wong; Woolley.

Nays — Hope.

Present, not voting — Mr. Speaker.

Absent, Excused — Hodge.

Absent, Excused, Committee Meeting — Giddings; Rose; Solomons; Taylor; Zedler.

Absent — Laubenberg; Smithee.

STATEMENT OF VOTE

I was shown voting no on Record No. 792. I intended to vote yes.

Hope

4242 79th LEGISLATURE — REGULAR SESSION

Amendment No. 31

Representative Gattis offered the following amendment to CSSBi1188:

Amend CSSB 1188 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION __. CONTINUOUS ELIGIBILITY. Section 32.0261, Human Resources Code, is amended to read as follows:

Sec. 32.0261. CONTINUOUS ELIGIBILITY. The department shall adopt rules in accordance with 42 U.S.C. Section 1396a(e)(12), as amended, to provide for a period of continuous eligibility for a child under 19 years of age who is determined to be eligible for medical assistance under this chapter. The rules shall provide that the child remains eligible for medical assistance, without additional review by the department and regardless of changes in the child's resources or income, until the earlier of:

(1) the end of the six-month period following [first anniversary of] the date on which the child's eligibility was determined; or

(2) the child's 19th birthday.

Amendment No. 31 was adopted.

Amendment No. 32

Representative Villarreal offered the following amendment to CSSBi1188:

Amend CSSB 1188 by adding the following appropriately numbered section:

Section __. The speaker and lieutenant governor shall create a joint interim committee to study and make recommendations to the legislature relating to how Medicaid and other supportive medical care services can be more effectively delivered through regional planning involving all relevant stakeholders in rural, border, and urban counties and the surrounding rural or suburban communities. Specifically, the study should: (1) identify incentives and resources necessary to promote personal responsibility and accountability, encourage preventive care, and expand use of available primary care services; (2) identify cost-effective technological innovations to improve health care access and coordination, such as telemedicine or automated medical records; (3) improve access and availability to primary care services; (4) improve access to secondary and tertiary care in rural communities; (5) identify how health care services can be improved through collaboration across funding streams, such as the Children's Health Insurance Program, Medicaid, and private insurance; (6) make recommendations to improve the capacity of public health entities in Texas to comply with the Centers for Disease Control National Public Health Performance Standards; (7) identify successful strategies and recommend incentives to develop multicounty public health entities authorized to collaborate to ensure that the essential public health services as authorized in Section 121.002, Health and Safety Code, are available to all Texans; (8) evaluate the role of existing regional public health entities and make recommendations to optimize their capacity to assume

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4243

Amendment No. 32 was adopted.

Amendment No. 33

Representatives Luna and Woolley offered the following amendment to CSSBi1188:

Amend CSSB 1188 by adding the following appropriately numbered sections and renumbering the sections of the bill accordingly:

SECTIONi___.iiSubchapter B, Chapter 32, Human Resources Code, is amended by adding Section 32.0248 to read as follows:

Sec.i32.0248.iiDEMONSTRATION PROJECT FOR WOMEN'S HEALTH CARE SERVICES. (a)iiThe department shall establish a five-year demonstration project through the medical assistance program to expand access to preventive health and family planning services for women. A woman eligible under Subsection (b) to participate in the demonstration project may receive appropriate preventive health and family planning services, including:

(1)iimedical history recording and evaluation;

(2)iiphysical examinations;

(3)iihealth screenings, including screening for:

(A)iidiabetes;

(B)iicervical cancer;

(C)iibreast cancer;

(D)iisexually transmitted diseases;

(E)iihypertension;

(F)iicholesterol; and

(G)iituberculosis;

(4)iicounseling and education on contraceptive methods, except for counseling and education regarding emergency contraception;

(5)iiprovision of contraceptives, except for the provision of emergency contraception;

(6)iirisk assessment; and

(7)iireferral of medical problems to appropriate providers that are entities or organizations that do not perform or promote elective abortions or contract or affiliate with entities that perform or promote elective abortions.

(b)iiA woman is eligible to participate in the demonstration project if the woman is at least 18 years of age and:

(1)iihas a net family income that is at or below 185 percent of the federal poverty level;

(2)iiparticipates in or receives benefits under any of the following:

(A)iithe medical assistance program;

(B)iithe financial assistance program under Chapter 31;

(C)iithe nutritional assistance program under Chapter 33;

(D)iithe Supplemental Food Program for Women, Infants and Children; or

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(E)iianother program administered by the state that:

(i)iirequires documentation of income; and

(ii)iirestricts eligibility to persons with income equal to or less than the income eligibility guidelines applicable to the medical assistance program;

(3)iiis presumed eligible for one of the programs listed in Subdivision (2) pending completion of that program's eligibility process; or

(4)iiis a member of a family that contains at least one person who participates in or receives benefits under one of the programs listed in Subdivision (2).

(c)iiThe department shall ensure that the standards of care provided to a woman participating in the demonstration project are consistent with the requirements of law and current best practices for provision of public health services.

(d)iiThe department shall develop procedures for determining and certifying eligibility for services under the demonstration project at the point of service delivery using integrated procedures that minimize duplication of effort by providers, the department, and other state agencies. The department may not use a procedure that would require a cost in excess of 10 percent of the total costs of actual preventive health and family planning services provided under the demonstration project. The eligibility procedure may provide for expedited determination and certification using a simplified form requiring only family income and family size.

(e)iiThe department shall compile a list of potential funding sources a woman participating in the demonstration project may be able to use to help pay for treatment for health problems:

(1)iiidentified using services provided under the demonstration project; and

(2)iifor which the woman is not eligible to receive treatment under the medical assistance program or the demonstration project.

(f)iiProviders of services under the demonstration project shall comply with requests made by the department for information necessary for the department to:

(1)iimake efficient use of money spent for the operation and administration of the demonstration project;

(2)iireport and provide information required by federal law; and

(3)iicompile the report required by Subsection (g).

(g)iiNot later than December 1 of each even-numbered year, the department shall submit a report to the legislature regarding the department's progress in establishing and operating the demonstration project.

(h)iiThe department shall ensure the money spent under the demonstration project, regardless of the funding source, is not used to perform or promote elective abortions. The department, for the purpose of the demonstration project, may not contract with entities that perform or promote elective abortions or are affiliates of entities that perform or promote elective abortions.

(i)iiThis section expires September 1, 2011.

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SECTIONi____.iiIf before implementing any provision of Section 32.048, Human Resources Code, as added by this Act, a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.

SECTIONi___.iiNot later than September 1, 2006, the state agency responsible for implementing the demonstration project required by Section 32.0248, Human Resources Code, as added by this Act, shall implement the demonstration project.

Amendment No. 33 was adopted.

Amendment No. 34

Representative Miller offered the following amendment to CSSBi1188:

Amend CSSB 1188 (House committee printing) by adding the following SECTIONS to the bill, appropriately numbered, and renumbering subsequent SECTIONS accordingly:

SECTIONi__.iiSTATE PHARMACY ASSISTANCE PROGRAM. Chapter 531, Government Code, is amended by adding Subchapter M to read as follows:

SUBCHAPTER M. STATE PHARMACY ASSISTANCE PROGRAM

Sec.i531.501.iiSTATE PHARMACY ASSISTANCE PROGRAM. (a) The commission may develop and implement a state pharmacy assistance program that provides prescription drug discounts to eligible persons and is a state pharmacy assistance program for purposes of 42 U.S.C. Section 1396r-8(c)(1)(C).

(b)iiThe state pharmacy assistance program may only be funded with state general revenue funds or local funds. This subsection applies only to the provision of prescription drug discounts under the state pharmacy assistance program, and does not affect the sources of funding permissible for other benefits provided to eligible persons under programs described by Section 531.503.

(c)iiThe commission may contract with a private entity to negotiate on behalf of the commission for discounted prescription drug acquisition prices with manufacturers and labelers, as those terms are defined by Section 531.070.

(d)iiThe commission may agree to pay a private contractor a percentage of the gross purchases under the program. Any payment shall be incorporated into the sales price.

Sec.i531.502.iiMAXIMUM PRICE. The price of a prescription drug charged to an eligible person under the program may not exceed the sum of:

(1)iithe discounted acquisition price under the program; and

(2)iia dispensing fee in an amount not to exceed 115 percent of the dispensing fee paid for providing the drug under the vendor drug program.

Sec.i531.503.iiELIGIBILITY. (a) A person is eligible for prescription drug benefits under the state pharmacy assistance program if the person is:

(1)iiqualified to receive services under Chapter 31 or Subchapter B, Chapter 61, Health and Safety Code; or

4246 79th LEGISLATURE — REGULAR SESSION

(2)iiqualified to receive services from a community mental health or mental retardation center established under Subchapter A, Chapter 534, Health and Safety Code.

(b)iiThe commissioner may expand eligibility for prescription drug benefits under the state pharmacy assistance program to persons who are qualified to receive services under a program other than those listed in Subsection (a), provided that the other program:

(1)iiis developed by the state specifically for the benefit of disabled, indigent, low-income, elderly, or other financially vulnerable persons;

(2)iiis funded using state funds and not federal funds;

(3)iiprovides payments directly to service providers;

(4)iiprovides only a pharmaceutical benefit or a pharmaceutical benefit in conjunction with other medical benefits or services;

(5)iiprohibits the diversion, resale, or transfer of benefits reimbursed under the state pharmacy assistance program to persons who are not beneficiaries of that program; and

(6)iidoes not violate any applicable nondiscrimination provisions under federal law.

Sec.i531.504.iiPARTICIPATING WHOLESALERS AND PHARMACIES. (a) The commission or its contractor shall contract with each wholesaler that:

(1)iielects to participate in the state pharmacy assistance program; and

(2)iisatisfies the commission's participation requirements.

(b)iiA contract between the commission or its contractor and a participating wholesaler must require the wholesaler to:

(1)iiprovide prescription drugs available through the program to pharmacies that voluntarily elect to participate in the program at a price not to exceed the sum of:

(A)iithe discounted acquisition cost under the program;

(B)iia reasonable delivery fee in an amount negotiated by the wholesaler and the commission or its contractor, which fee may vary based on the monthly volume of prescription drugs provided by the wholesaler and the number of required weekly deliveries; and

(C)iia reasonable percentage of the gross purchases approved by the commission as provided by Section 531.501(d);

(2)iimeet service levels specified in the contract;

(3)iiprovide next-day delivery service on all orders under the program to participating pharmacies;

(4)iiprovide software and data interface capacity to participating pharmacies as necessary to enable participating pharmacies to comply with Subsection (d); and

(5)iiparticipate in the program on an ongoing basis for the period specified in the contract.

(c)iiThe commission or its contractor shall collect utilization information from each participating wholesaler as necessary to administer the program, and shall protect the confidentiality of any information obtained under this subsection that is confidential under state or federal law, rule, or regulation.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4247

(d)iiThe executive commissioner by rule shall require a participating pharmacy to:

(1)iimaintain a separate inventory of prescription drugs obtained by the pharmacy under the program or segregate those drugs from the pharmacy's other prescription drug stock; and

(2)iimaintain separate records of acquisition and disposition of prescription drugs obtained by the pharmacy under the program, and ensure that all computer records regarding those drugs are readily available on the request of the commission or its contractor.

(e)iiA participating pharmacy or wholesaler may not resell or otherwise transfer a prescription drug obtained under the program to:

(1)iia pharmacy that is not participating in the program; or

(2)iia person who is not an eligible program participant.

(f)iiIf the commission, after notice and opportunity for a hearing, determines that a participating pharmacy or wholesaler violated Subsection (e), the pharmacy or wholesaler is liable to the manufacturer of the prescription drugs for an amount equal to the difference between:

(1)iithe retail price of the drug at the time of the resale or transfer in violation of Subsection (e); and

(2)iithe price at which the drug was obtained by the pharmacy or wholesaler under the program.

Sec.i531.505.iiACCESS TO PROGRAM BENEFITS. (a) An eligible person is entitled to obtain a prescription drug dispensed under this subchapter from an entity designated by the executive commissioner or from a pharmacy that voluntarily participates in the program.

(b)iiThe commission shall maintain an electronic database on a website listing the names and addresses of all pharmacies or other entities participating in the program.

(c)iiThe commission or its contractor shall engage in outreach activities to publicize the availability of discounted prescription drug prices under the program and to maximize enrollment in the program. The commission shall establish simplified procedures for enrolling eligible persons.

Sec.i531.506.iiCERTAIN DISPUTES OR DISCREPANCIES. (a) A dispute or discrepancy in the amount negotiated under Section 531.501 must be resolved using the process established by this section.

(b)iiThe commission may hire an independent auditor acceptable to all affected parties to perform an audit at the commission's expense if there is a dispute or discrepancy in favor of a manufacturer or labeler relating to the amount of a discount for a prescription drug provided by the manufacturer or labeler. If the audit does not resolve the dispute or discrepancy, the manufacturer or labeler shall:

(1)iiprovide justification for the dispute or discrepancy that is satisfactory to the commission; or

(2)iipay the additional amount due.

4248 79th LEGISLATURE — REGULAR SESSION

(c)iiA manufacturer or labeler may hire an independent auditor acceptable to all affected parties to perform an audit at the expense of the manufacturer or labeler if there is a dispute or discrepancy in favor of the state relating to the amount of the discount for a prescription drug provided by the manufacturer or labeler. If the audit does not resolve the dispute or discrepancy, the commission shall:

(1)iiprovide justification for the dispute or discrepancy that is satisfactory to the manufacturer or labeler; or

(2)iirequire participating entities to refund to the manufacturer or labeler the amount due.

(d)iiA party that is not satisfied with the resolution of a dispute or discrepancy under Subsection (b) or (c) may request in writing a hearing before the State Office of Administrative Hearings. The party must include supporting documentation with the request for a hearing.

Sec.i531.507.iiRULEMAKING. The executive commissioner may adopt rules as necessary to administer this subchapter.

Sec.i531.508.iiANNUAL REPORT. Not later than January 1 of each year, the commission shall submit a report to the legislature on the commission's activities under this subchapter. The report must include the number of persons enrolled in the state pharmacy assistance program and information regarding the financial condition of the program.

Sec.i531.509.iiIMPLEMENTATION OF PROGRAM. (a) The commission shall fully implement this subchapter and make discounted drug prices available to eligible persons in accordance with the program described by this subchapter only if the commission determines that adequate voluntary discounts negotiated under Section 531.501 are available.

(b)iiIf the commission does not fully implement this subchapter, the commission may adopt preferred drug lists and impose prior authorization requirements, as authorized by Sections 531.072 and 531.073, for programs that provide prescription drugs to persons described by Section 531.503(a).

SECTIONi__.iiSections 531.070(h) and (j), Government Code, are amended to read as follows:

(h)iiSubject to Subsection (i), the commission shall negotiate with manufacturers and labelers, including generic manufacturers and labelers, to obtain supplemental rebates for prescription drugs provided under:

(1)iithe Medicaid vendor drug program in excess of the Medicaid rebates required by 42 U.S.C. Section 1396r-8 and its subsequent amendments; and

(2)iithe child health plan program[; and

[(3)iiany other state program administered by the commission or a health and human services agency, including community mental health centers and state mental health hospitals].

(j)iiA manufacturer or labeler that sells prescription drugs in this state may voluntarily negotiate with the commission and enter into an agreement to provide supplemental rebates for prescription drugs provided under:

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4249

(1)iithe Medicaid vendor drug program in excess of the Medicaid rebates required by 42 U.S.C. Section 1396r-8 and its subsequent amendments; and

(2)iithe child health plan program[; and

[(3)iiany other state program administered by the commission or a health and human services agency, including community mental health centers and state mental health hospitals].

SECTIONi__.iiSection 531.072, Government Code, is amended by adding Subsection (g) to read as follows:

(g)iiNotwithstanding Subsection (a), the commission may adopt preferred drug lists under this section for a program that serves persons described by Section 531.503(a) only if the commission cannot obtain adequate voluntary discounts under Subchapter M, Chapter 531, to permit full implementation of that subchapter.

SECTIONi__.iiSection 531.073, Government Code, is amended by adding Subsection (g) to read as follows:

(g)iiNotwithstanding Subsection (a), the commission may require prior authorization under this section for a program that serves persons described by Section 531.503(a) only if the commission cannot obtain adequate voluntary discounts under Subchapter M, Chapter 531, to permit full implementation of that subchapter.

Amendment No. 34 - Point of Order

Representative Hilderbran raised a point of order against further consideration of Amendment No. 34 under Rule 11, Section 2 of the House Rules on the grounds that it is not germane to the bill.

The chair sustained the point of order.

The ruling precluded further consideration of Amendment No. 34.

Amendment No. 35

Representative Uresti offered the following amendment to CSSBi1188:

Amend CSSB 1188 (House committee printing) by adding the following appropriately numbered Section to the bill and renumbering subsequent Sections of the bill as appropriate:

SECTION . Chapter 159, Occupations Code, is amended by adding Section 159.010 to read as follows:

Sec. 159.010. NOTICE OF BENEFITS UNDER STATE CHILD HEALTH PLAN. A physician who provides Medicaid health care services to a pregnant woman shall inform the woman of the health benefits for which the woman or the woman's child may be eligible under the state child health plan under Chapter 62, Health and Safety Code.

Amendment No. 35 was adopted.

(Menendez in the chair)

4250 79th LEGISLATURE — REGULAR SESSION

Amendment No. 14 - Vote Reconsidered

Representative Truitt moved to reconsider the vote by which Amendment No. 14 was adopted.

The motion to reconsider prevailed.

Amendment No. 14 was withdrawn.

Amendment No. 36

Representative Truitt offered the following amendment to CSSBi1188:

AMEND CSSB 1188 AS FOLLOWS:

Page 12, strike lines 1 and 2 and substitute the following:

(b) Subchapter A, Chapter 533, Government Code, is amended by adding Sections 533.0071, 533.0072 and 533.0073 to read as follows:

Page 14, following line 18, add a new Section 533.0073 to read as follows:

Sec. 533.0073. PRESERVATION OF UPPER LIMIT PROVISIONS OF THE MEDICAID PROGRAM. The Health and Human Services Commission shall not implement a form of Medicaid Managed Care in a service area which results in the reduction or elimination of allowable federal Medicaid payments under the upper payment limit provisions of the Medicaid program to public hospitals or other safety net hospitals which serve the Medicaid population.

Amendment No. 36 was adopted.

CSSB 1188, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Harper-Brown, Laubenberg, and Phillips recorded voting no.)

HR 1842 - ADOPTED
(by Riddle and Hamric)

Representative Riddle moved to suspend all necessary rules to take up and consider at this time HRi1842.

The motion prevailed.

The following resolution was laid before the house:

HR 1842, In memory of Curtis J. Cook of Harris County.

HR 1842 was read and was unanimously adopted by a rising vote.

On motion of Representative Hamric, the names of all the members of the house were added to HRi1842 as signers thereof.

INTRODUCTION OF GUESTS

The chair recognized Representative Riddle who introduced the family of Curtis J. Cook.

POSTPONED BUSINESS

The following bills were laid before the house as postponed business:

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4251

CSSB 1863 ON SECOND READING
(Pitts - House Sponsor)

CSSB 1863, A bill to be entitled An Act relating to certain fiscal matters affecting governmental entities.

CSSB 1863 was read second time on May 22, postponed until May 23, postponed until 10 a.m. today, and was again postponed until this time.

Amendment No. 1 - Vote Reconsidered

Representative Chisum moved to reconsider the vote by which Amendment No. 1 was adopted.

The motion to reconsider prevailed.

Amendment No. 47

Representative Chisum offered the following amendment to Amendment No. 1:

Amend Floor Amendment No. 1 by Chisum and Pitts to CSSB 1863 by striking lines 3 through 23 of the amendment and substituting the following:

(1) Strike all ARTICLES and SECTIONS of the bill except for ARTICLE 6 (page 26, line 24 of the bill through page 28, line 4 of the bill) and ARTICLE 14 (page 94, lines 16-23 of the bill).

(2) Renumber existing ARTICLE 6, SECTION 6.01, SECTION 6.02, SECTION 6.03, ARTICLE 14, and SECTION 14.01 accordingly.

Amendment No. 47 was withdrawn.

Amendment No. 1 was adopted.

Amendment No. 17 - Vote Reconsidered

Representative Chisum moved to reconsider the vote by which Amendment No. 17 was adopted.

The motion to reconsider prevailed.

Amendment No. 17 was withdrawn.

AMENDMENT NO. 17 - REASON FOR VOTE

I registered a "no" vote in the Journal when this ill-advised amendment was originally placed on the bill. The house should cease trying to play games with the comptroller's authority.

Keel

(Speaker in the chair)

CSSB 1863 - MOTION FOR PREVIOUS QUESTION

Representative Hartnett moved the previous question on passage to third reading of CSSB 1863.

The motion was seconded.

4252 79th LEGISLATURE — REGULAR SESSION

The motion prevailed. (Coleman, Y. Davis, Dunnam, Gonzales, Luna, P.iMoreno, Naishtat, Thompson, and Veasey recorded voting no.)

A record vote was requested.

CSSB 1863, as amended, was passed to third reading by (Record 793): 92 Yeas, 42 Nays, 1 Present, not voting.

Yeas — Allen, A.; Allen, R.; Alonzo; Anderson; Bailey; Baxter; Berman; Blake; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Castro; Chavez; Chisum; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Dukes; Edwards; Eiland; Eissler; Elkins; Escobar; Farrar; Flynn; Frost; Geren; Gonzales; Gonzalez Toureilles; Goodman; Griggs; Grusendorf; Guillen; Hamilton; Hamric; Hardcastle; Hegar; Hill; Hochberg; Howard; Hunter; Hupp; Isett; Jackson; Jones, D.; Keel; Keffer, J.; Kolkhorst; Krusee; Kuempel; Leibowitz; Madden; McCall; McReynolds; Merritt; Miller; Moreno, P.; Mowery; Nixon; Orr; Otto; Pickett; Pitts; Puente; Quintanilla; Reyna; Seaman; Smith, T.; Smith, W.; Smithee; Solis; Strama; Straus; Swinford; Talton; Truitt; Turner; Uresti; West; Wong; Woolley.

Nays — Anchia; Bohac; Burnam; Coleman; Davis, Y.; Deshotel; Dunnam; Farabee; Gallego; Gattis; Harper-Brown; Hartnett; Herrero; Hilderbran; Homer; Hopson; Jones, J.; Keffer, B.; King, P.; King, T.; Laubenberg; Luna; Martinez; Martinez Fischer; McClendon; Menendez; Morrison; Naishtat; Noriega, M.; Oliveira; Paxton; Peña; Phillips; Raymond; Riddle; Ritter; Rodriguez; Taylor; Thompson; Van Arsdale; Veasey; Villarreal.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Hodge.

Absent, Excused, Committee Meeting — Giddings; Rose; Solomons; Zedler.

Absent — Dutton; Flores; Goolsby; Haggerty; Hope; Hughes; Laney; Olivo; Vo.

STATEMENTS OF VOTE

I was shown voting yes on Record No. 793. I intended to vote no.

Baxter

I was shown voting yes on Record No. 793. I intended to vote no.

Bonnen

I was shown voting yes on Record No. 793. I intended to vote no.

Branch

I was shown voting yes on Record No. 793. I intended to vote no.

Castro

I was shown voting yes on Record No. 793. I intended to vote no.

Dukes

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4253

I was shown voting yes on Record No. 793. I intended to vote no.

Gonzales

I was shown voting yes on Record No. 793. I intended to vote no.

Gonzalez Toureilles

When Record No. 793 was taken, I was in the house but away from my desk. I would have voted yes.

Goolsby

When Record No. 793 was taken, I was in the house but away from my desk. I would have voted yes.

Haggerty

I was shown voting yes on Record No. 793. I intended to vote no.

D. Jones

I was shown voting yes on Record No. 793. I intended to vote no.

Leibowitz

I was shown voting no on Record No. 793. I intended to vote yes.

Luna

I was shown voting yes on Record No. 793. I intended to vote no.

Merritt

I was shown voting yes on Record No. 793. I intended to vote no.

Miller

When Record No. 793 was taken, I was in the house but away from my desk. I would have voted no.

Olivo

I was shown voting yes on Record No. 793. I intended to vote no.

Straus

SB 447 ON SECOND READING
(Madden - House Sponsor)

SB 447, A bill to be entitled An Act relating to the sale of tax receivables by a local government.

SB 447 was read second time on May 16, postponed until May 17, postponed until May 23, postponed until 5:30 p.m. May 23, and was again postponed until this time.

Representative Madden moved to postpone consideration of SBi447 until June 1.

The motion prevailed.

4254 79th LEGISLATURE — REGULAR SESSION

CSSB 1879 ON SECOND READING
(Puente - House Sponsor)

CSSB 1879, A bill to be entitled An Act relating to the creation of special districts for improvements in certain counties, including authority to acquire, construct, and improve water, wastewater, and drainage improvements; providing authority to impose a tax and issue bonds.

CSSB 1879 was read second time on May 22, postponed until May 23, and was again postponed until 12 p.m. today.

CSSB 1879 - POINT OF ORDER

Representative Burnam raised a point of order against further consideration of CSSB 1879 under Rule 4, Section 20 of the House Rules on the grounds that sworn statements of those who testified were incorrectly completed.

The speaker sustained the point of order.

MAJOR STATE CALENDAR
(consideration continued)

SB 867 ON SECOND READING
(Otto - House Sponsor)

SB 867, A bill to be entitled An Act relating to the application of the motor vehicle sales tax emissions reduction surcharge on certain recreational vehicles.

SBi867 was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Herrero and Leibowitz recorded voting no.)

SB 984 ON SECOND READING
(Uresti - House Sponsor)

SB 984, A bill to be entitled An Act relating to a feasibility study regarding the provision of financial incentives to individuals who undergo training for child protective services.

SBi984 was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Harper-Brown recorded voting no.)

CSSB 1255 ON SECOND READING
(Geren - House Sponsor)

CSSB 1255, A bill to be entitled An Act relating to the number of certain alcoholic beverage permits and licenses that may be issued for a single location.

Amendment No. 1

Representative Geren offered the following amendment to CSSBi1255:

Amend CSSB 1255 by adding the following:

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4255

Section 1.04, Alcoholic Beverage Code, is amended by amending Subdivision (18) to read as follows:

(18) "Original package," as applied to beer, means a container holding [one barrel, one-half barrel, one quarter barrel, one-eighth barrel of] beer in bulk, or any box, crate, carton, or other device used in packing beer that is contained in bottles or other containers.

Section 101.44, Alcoholic Beverage Code is repealed.

Amendment No. 1 was adopted.

Amendment No. 2

Representative Geren offered the following amendment to CSSBi1255:

Amend CSSB 1255 by adding the following:

Section 103.07, Alcoholic Beverage Code, is amended to read as follows:

Sec. 103.07. BEVERAGE OF ILLICIT MANUFACTURE OR UNFIT FOR CONSUMPTION. (a) The commission may not sell [but may destroy] alcoholic beverages seized by a peace officer, as provided in Section 103.03, that are unfit for public consumption or are of illicit manufacture.

(b) Alcoholic beverages are unfit for public consumption if:

(1) the manufacturer or wholesaler of the beverages determines that the beverages are inappropriate for sale to a consumer;

(2) the beverages are damaged; or

(3) the code date affixed by the manufacturer to the beverages has expired.

(c) If the commission determines that seized alcoholic beverages are unfit for public consumption or are of illicit manufacture, the commission shall destroy the alcoholic beverages.

SECTION 26. Section 103.22, Alcoholic Beverage Code, is amended to read as follows:

Sec. 103.22. COSTS OF FORFEITURE SUITS. The commission is entitled to recover from the proceeds of a forfeiture sale [shall pay] all costs of a forfeiture suit brought under this chapter, including:

(1) all usual court costs, including the cost of serving process;

(2) expenses of the forfeiture sale; and

(3) reasonable attorney's fees [suits out of the confiscated liquor fund or any other fund available to the commission for that purpose].

Amendment No. 2 was adopted.

CSSB 1255, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Flynn recorded voting no.)

CSSB 47 ON SECOND READING
(Delisi - House Sponsor)

CSSB 47, A bill to be entitled An Act relating to the Medicaid fraud reduction pilot program.

4256 79th LEGISLATURE — REGULAR SESSION

(J. Keffer in the chair)

CSSB 47 - LAID ON THE TABLE SUBJECT TO CALL

Representative Delisi moved to lay CSSBi47 on the table subject to call.

The motion prevailed.

SB 1704 ON SECOND READING
(Hartnett, Gonzales, Solis, and Alonzo - House Sponsors)

SB 1704, A bill to be entitled An Act relating to jury service.

Amendment No. 1

Representative Hartnett offered the following amendment to SBi1704:

Amend SB 1704 (House Committee Printing) as follows:

(1) In SECTION 2 of the bill, in added Subsection (c), Section 61.0015, Government Code, (page 2, line 2), strike "judicial fund" and substitute "jury service fund".

(2) In SECTION 5 of the bill, in added Subsection (b), Article 102.0045, Code of Criminal Procedure (page 4, line 11), strike "judicial fund" and substitute "jury service fund".

(3) In SECTION 5 of the bill, immediately following added Subsection (b), Article 102.0045, Code of Criminal Procedure (page 4, between lines 11-12), insert the following:

(c) The jury service fund is created in the state treasury. If, at any time, the unexpended balance of the jury service fund exceeds $10 million, the comptroller shall transfer the amount in excess of $10 million to the fair defense account.

(d) Fees deposited in the jury service fund under this section are exempt from the application of Section 403.095, Government Code.

Amendment No. 1 was adopted.

SB 1704, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Anderson, Berman, Flynn, Keel, Talton, and Wong recorded voting no; Laney recorded voting present, not voting.)

SB 1570 ON SECOND READING
(Isett - House Sponsor)

SB 1570, A bill to be entitled An Act relating to the rate of interest on certain tax refunds.

Amendment No. 1

Representative Isett offered the following amendment to SBi1570:

Amend SB 1570 (House committee report) by striking SECTION 1 of the bill (page 1, line 4, through page 2, line 15) and substituting a new SECTION 1 to read as follows:

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4257

SECTIONi10.iiSection 111.064, Tax Code, is amended by amending Subsections (a), (c), and (f) and adding Subsection (c-1) to read as follows:

(a)iiExcept as otherwise provided by this section, for a refund under this chapter [Subsections (b) and (c), in a comptroller's final decision on a claim for refund or in an audit], interest is at the rate that is the lesser of the annual rate of interest earned on deposits in the state treasury during December of the previous calendar year, as determined by the comptroller, or the rate set in Section 111.060, and accrues on the amount found to be erroneously paid for a period:

(1)iibeginning on the later of 60 days after the date of payment or the due date of the tax report; and

(2)iiending on, as determined by the comptroller, either the date of allowance of credit on account of the comptroller's final decision or audit or a date not more than 10 days before the date of the refund warrant.

(c)iiFor a refund claimed before September 1, 2005, and granted for a report period due on or after January 1, 2000, the rate of interest is the rate set in Section 111.060 [granted for a report period due on or after January 1, 2000, the rate of interest is the rate set in Section 111.060].

(c-1)iiA refund, without regard to the date claimed, for a report period due before January 1, 2000, does not accrue interest.

(f)iiA local revenue fund is not subject to Subsections (a)-(c-1)i[(a)-(c)].iiIn this subsection, "local revenue fund" includes a court cost, a fee, a fine, or a similar charge collected by a municipality, a county, or a court of this state and remitted to the comptroller.

Amendment No. 1 was adopted.

SB 1570, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

SB 1408 ON SECOND READING
(B. Cook - House Sponsor)

SB 1408, A bill to be entitled An Act relating to wage claim disputes.

SBi1408 was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering their votes are as follows: Herrero and Leibowitz recorded voting no.)

CSSB 1189 ON SECOND READING
(Hartnett, Gonzales, Alonzo, Casteel, and Dawson - House Sponsors)

CSSB 1189, A bill to be entitled An Act relating to the creation, composition, jurisdiction, and procedure of certain judicial districts, to the selection of a local administrative district judge for certain counties, to the juvenile board in certain counties, and to the district courts in certain counties.

4258 79th LEGISLATURE — REGULAR SESSION

Amendment No. 1

On behalf of Representative Solis, Representative Hartnett offered the following amendment to CSSBi1189:

Amend CSSB 1189 by striking SECTION 4 of the bill (House Committee Printing, page 4, line 18, through page 6, line 20) and substitute the following:

SECTIONi4.ii(a)iiSubsections (b) and (d), Section 24.205, Government Code, are amended to read as follows:

(b)iiThe 103rd, 107th, and 138th district courts have concurrent jurisdiction in Cameron County. The 103rd and 138th district courts have concurrent jurisdiction in Willacy County.

(d)iiThe judge [judges] of the 103rd District Court [and 107th district courts] need not impanel grand juries except in cases of emergency.

(b)iiThe heading to Section 24.209, Government Code, is amended to read as follows:

Sec.i24.209.ii107TH JUDICIAL DISTRICT (CAMERON COUNTY [AND WILLACY COUNTIES]).

(c)iiSection 24.209, Government Code, is amended by amending Subsections (a) and (c) and adding Subsection (d) to read as follows:

(a)iiThe 107th Judicial District is composed of Cameron County [and Willacy counties]. The court shall give preference to criminal cases.

(c)iiThe judge of [Section 24.205, relating to the 103rd District Court, contains provisions applicable to both that court and] the 107th District Court need not impanel grand juries except in cases of emergency.

(d)iiThe 103rd, 107th, and 138th district courts have concurrent jurisdiction in Cameron County. The 103rd and 138th district courts have concurrent jurisdiction in Willacy County.

(d)iiSection 24.240(d), Government Code, is amended to read as follows:

(d)iiThe 103rd, 107th, and 138th district courts have concurrent jurisdiction in Cameron County. The 103rd and 138th district courts have concurrent jurisdiction in Willacy County [Section 24.205, relating to the 103rd District Court, contains provisions applicable to both that court and the 138th District Court].

(e)iiSection 24.503, Government Code, is amended to read as follows:

Sec.i24.503.ii357TH JUDICIAL DISTRICT (CAMERON COUNTY [AND WILLACY COUNTIES]). The 357th Judicial District is composed of Cameron County [and Willacy counties].

(f)iiSection 24.549, Government Code, is amended to read as follows:

Sec.i24.549.ii404TH JUDICIAL DISTRICT (CAMERON COUNTY [AND WILLACY COUNTIES]). The 404th Judicial District is composed of Cameron County [and Willacy counties].

(g)iiThe local administrative district judge shall transfer all cases from Willacy County that are pending in the 107th, 357th, and 404th district courts on September 1, 2005, to the 103rd, 138th, and 197th district courts.

(h)iiWhen a case is transferred as provided by Subsection (g) of this section, all processes, writs, bonds, recognizances, or other obligations issued from the 107th, 357th, and 404th district courts are returnable to the 103rd, 138th, or 197th

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4259

Amendment No. 1 was adopted.

Amendment No. 2

On behalf of Representative Chavez, Representative Hartnett offered the following amendment to CSSBi1189:

Amend CSSB 1189 (House Committee Printing) by adding the following appropriately numbered SECTION and renumbering subsequent SECTIONS of the bill accordingly:

SECTION __. Section 75.014, Government Code, is amended by adding Subsection (h) to read as follows:

(h) A district judge in El Paso County or a judge of a statutory county court in El Paso County may serve as the local administrative judge for the council of judges. The council of judges shall elect a judge as local administrative judge for a term of not more than two years. The local administrative judge may not be elected on the basis of rotation or seniority.

Amendment No. 2 was adopted.

Amendment No. 3

Representatives Alonzo and Veasey offered the following amendment to CSSBi1189:

Amend CSSB 1189 (House Committee Printing) by adding the following appropriately numbered SECTION and renumbering subsequent SECTIONS of the bill accordingly:

SECTION __. Subchapter D, Chapter 152, Human Resources Code, is amended by adding Section 152.2264 to read as follows:

Sec. 152.2264. TARRANT COUNTY CRIMINAL COURT ADMINISTRATOR AND COURT SERVICES DEPARTMENT. (a) The judges of the district and county courts in Tarrant County that give preference to criminal matters shall, on a majority vote, appoint the criminal courts administrator. The administrator serves at the will of those judges.

(b) The commissioners court shall pay the salary and expenses of the criminal court administrator and of the court services department employees as determined by the department budget:

(1) submitted by the judges of the district and county courts that give preference to criminal cases; and

(2) approved by the commissioners court.

(c) A judge may not be subjected to a suit for, and is immune from liability for damages arising from, an act or omission committed while performing a duty under this section unless the act or omission is:

(1) committed intentionally, wilfully, or wantonly; or

4260 79th LEGISLATURE — REGULAR SESSION

(2) committed with:

(A) gross negligence; or

(B) conscious indifference or reckless disregard for the safety of others.

Amendment No. 3 was adopted.

Amendment No. 4

Representative Raymond offered the following amendment to CSSBi1189:

Amend CSSB 1189 (House Committee Printing) by adding the following appropriately numbered SECTIONS and renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi__.iiSection 24.151(d), Government Code, is amended to read as follows:

(d)iiA criminal complaint may be presented to the grand jury of any district court [Indictments returned to the 49th District Court] in Webb County, and a resulting indictment may [also] be returned to any other district court in Webb County with the appropriate criminal jurisdiction.

SECTIONi__.iiSection 24.487, Government Code, is amended by amending Subsection (b) and adding Subsection (d) to read as follows:

(b)iiThe judge of the 341st District Court may select jury commissioners and impanel grand juries in Webb County. The judge of the 341st District Court may alternate the drawing of grand juries with the judge of any other district court in the county. By order entered on the minutes, for any term that the judge considers it necessary, the judge may order grand and petit juries to be drawn. [Indictments returned in Webb County may also be returned to the 49th District Court or the 111th District Court.] The 341st District Court has concurrent jurisdiction with the 49th District Court in all tax suits and cases.

(d)iiA criminal complaint may be presented to the grand jury of any district court in Webb County, and a resulting indictment may be returned to any other district court in Webb County with the appropriate criminal jurisdiction.

SECTIONi__.iiSection 24.551, Government Code, is amended by adding Subsections (c), (d), (e), and (f) to read as follows:

(c)iiThe 406th District Court has concurrent jurisdiction with the other district courts in Webb County.

(d)iiIn addition to other jurisdiction provided by law, the 406th District Court has the:

(1)iicriminal jurisdiction of a county court; and

(2)iicivil jurisdiction of a county court in all cases under the Family Code or the Health and Safety Code.

(e)iiThe terms of the 406th District Court begin on the first Mondays in January, April, July, and October. Each term continues until the court disposes of its business.

(f)iiA criminal complaint may be presented to the grand jury of any district court in Webb County, and a resulting indictment may be returned to any other district court in Webb County with the appropriate criminal jurisdiction.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4261

SECTIONi__.iiSection 53.001, Government Code, is amended by adding Subsection (i) to read as follows:

(i)iiThe judge of the 406th District Court shall appoint a bailiff.

SECTIONi__.iiSection 53.004, Government Code, is amended by adding Subsection (f) to read as follows:

(f)iiTo be eligible to be appointed bailiff in the 406th District Court, a person must be:

(1)iiat least 21 years of age; and

(2)iia citizen of the United States.

Amendment No. 4 was adopted.

CSSB 1189, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Herrero recorded voting no.)

SB 40 ON SECOND READING
(Dukes and Naishtat - House Sponsors)

SB 40, A bill to be entitled An Act relating to permanency planning procedures for children residing in state institutions.

SB 40 - STATEMENT OF LEGISLATIVE INTENT

REPRESENTATIVE HUPP: Representative Dukes, I think you have an excellent bill, and one that appears to have support from the providers and the advocates. Providers support moving permanency planning to avoid even the appearance of a conflict of interest. However, they are concerned that their rates my be reduced, and when the providers were first given the responsibility of permanency planning, there was no corresponding increase in their rate to cover the cost of that service. I just want to establish for the purposes of legislative intent that it is not your intention that provider rates be reduced to cover the cost of the agency performing the duties of permanency planning, and further, that it has been indicated to you that the agency plans to use promoting independent funds of the source of funding.

REPRESENTATIVE DUKES: That is absolutely true. It is neither the intent of the house author nor the senate author to reduce those rates.

REMARKS ORDERED PRINTED

Representative Hupp moved to print remarks between Representative Dukes and Representative Hupp.

The motion prevailed.

Amendment No. 1

Representative Dukes offered the following amendment to SBi40:

Amend SB 40 (House committee printing) in SECTION 2 of the bill, in added Section 531.1532, Government Code (page 3, line 9), by striking "An institution in which a child resides" and substituting "An entity that provides information to a child's parent or guardian relating to permanency planning".

4262 79th LEGISLATURE — REGULAR SESSION

Amendment No. 1 was adopted.

SB 40, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering their votes are as follows: Harper-Brown and Laubenberg recorded voting no.)

SB 52 ON SECOND READING
(Hupp - House Sponsor)

SB 52, A bill to be entitled An Act relating to a competitive grant program for aging and disability services.

MESSAGE FROM THE SENATE

A message from the senate was received at this time (see the addendum to the daily journal, Messages from the Senate, Message No. 2).

SB 52 - (consideration continued)

Amendment No. 1

Representative Naishtat offered the following amendment to SBi52:

Amend SB 52 by inserting the following appropriately numbered sections to the bill and renumbering the subsequent sections of the bill accordingly:

SECTION __. Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.085 to read as follows:

Sec. 531.085. PILOT PROGRAM FOR FUNDING COMMUNITY-BASED SERVICES. (a) In this section, "ICF-MR" has the meaning assigned by Section 531.002, Health and Safety Code.

(b) The commission shall direct the Department of Aging and Disability Services to develop and implement a pilot program to:

(1) quantify the amount of money appropriated by the legislature that would have been spent during the remainder of a state fiscal biennium to care for a person who lives in an ICF-MR facility administered by an ICF-MR provider selected to participate in the pilot program under this section, but who is leaving that facility before the end of the biennium to live in the community with the assistance of community-based services provided through a medical assistance waiver program; and

(2) notwithstanding any other state law and to the maximum extent allowed by federal law, transfer within the department's budget or among the commission and the health and human services agencies at the time the person leaves the facility the amount necessary to pay the cost of the community-based services provided to the person as necessary to comply with this section.

(c) The amount transferred under this section must be redirected by the commission or a health and human services agency to one or more community-based programs to provide community-based services to the person through a medical assistance waiver program after the person leaves the ICF-MR facility.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4263

(d) The commission and the Department of Aging and Disability Services shall jointly determine criteria for selecting providers of ICF-MR services to participate in the pilot program under this section and shall jointly select at least one provider, but not more than five providers, for participation. The criteria for selecting a provider may relate to any factor the commission and department consider relevant, including:

(1) the size and number of ICF-MR facilities the provider administers;

(2) the history of the provider's quality of care;

(3) the specific geographic area in which the provider provides services; or

(4) whether the provider is willing to convert the services provided from institutional services to community-based medical assistance waiver program services.

(e) The executive commissioner may adopt rules under which the commission may decertify an appropriate Medicaid bed for each person who leaves an ICF-MR facility and for whom money is transferred under Subsection (b) (2).

(f) Not later than December 1, 2006, the commission and the Department of Aging and Disability Services shall submit a joint report concerning the effectiveness of the pilot program to the governor and the committees of each house of the legislature that have primary oversight jurisdiction over health and human services agencies. The report must include a recommendation regarding the feasibility of expanding the pilot program statewide, and analysis of provider and consumer experiences under the program, provider information related to the feasibility of expanding the program, and stakeholder recommendations relating to the program. In preparing the report and recommendations, the commission and department must:

(1) consider consumer satisfaction with the services provided under the program;

(2) compare like provider elements, including the following elements with respect to each provider:

(A) size;

(B) the number of persons served;

(C) financial viability, including rates;

(D) service transition costs;

(E) geographic location; and

(F) type and physical condition of facilities; and

(3) consider other aspects necessary to provide a comprehensive analysis of the program.

SECTION __. Not later than December 1, 2005, the Department of Aging and Disability Services shall implement the pilot program under Section 531.085, Government Code, as added by this Act.

Amendment No. 1 was adopted.

4264 79th LEGISLATURE — REGULAR SESSION

SB 52, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Herrero, Laubenberg, and Leibowitz recorded voting no.)

SB 1668 ON SECOND READING
(Baxter - House Sponsor)

SB 1668, A bill to be entitled An Act relating to the consideration of payments to an affiliate in computing rates for electric utilities.

SBi1668 was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Burnam and Gonzales recorded voting no.)

SB 244 ON SECOND READING
(Orr - House Sponsor)

SB 244, A bill to be entitled An Act relating to priority of payment relating to property owners' association assessments.

(Rose now present)

SB 244 - POINT OF ORDER

Representative Harper-Brown raised a point of order against further consideration of SB 244 under Rule 4, Section 33(b) of the House Rules on the grounds that the committee report for the bill does not contain a fiscal note.

The point of order was withdrawn.

Representative Orr moved to postpone consideration of SBi244 until 3:30ip.m. today.

The motion prevailed.

CSSB 327 ON SECOND READING
(McCall - House Sponsor)

CSSB 327, A bill to be entitled An Act relating to the installation, copying, or use of computer software for unauthorized purposes; providing a penalty.

Amendment No. 1

Representative McCall offered the following amendment to CSSBi327:

Amend CSSB 327 (House Committee Printing) as follows:

(1)iiIn SECTION 1 of the bill, in added Section 48.002, Business & Commerce Code (page 1, between lines 15 and 16), add a new Subdivision (2) to read as follows and renumber subsequent subdivisions accordingly:

(2)ii"Cause computer software to be copied" means to distribute or transfer computer software or a component of computer software. The term does not include:

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4265

(A)iithe transmission or routing of computer software or a component of the software;

(B)iithe provision of intermediate temporary storage or caching of software;

(C)iithe provision of a storage medium such as a compact disk;

(D)iia website;

(E)iithe distribution of computer software by a third party through a computer server; or

(F)iithe provision of an information location tool, such as a directory, index, reference, pointer, or hypertext link, through which the user of a computer is able to locate computer software.

(2)iiIn SECTION 1 of the bill, strike added Section 48.003(a), Business & Commerce Code (page 3, lines 10-23).

(3)iiIn SECTION 1 of the bill, in added Section 48.003, Business & Commerce Code (page 3, line 24), strike "(b)".

(4)iiIn SECTION 1 of the bill, in the heading to added Section 48.051, Business & Commerce Code (page 4, line 16), strike "TRANSMISSION" and substitute "CULLING".

(5)iiIn SECTION 1 of the bill, in added Section 48.051, Business & Commerce Code (page 4, lines 18 and 19), strike "transmit computer software" and substitute "cause computer software to be copied".

(6)iiIn SECTION 1 of the bill, in the heading to added Section 48.052, Business & Commerce Code (page 5, line 14), strike "TRANSMISSIONS" and substitute "ACCESS TO".

(7)iiIn SECTION 1 of the bill, in added Section 48.052, Business & Commerce Code (page 5, lines 16 and 17), strike "transmit computer software" and substitute "cause computer software to be copied".

(8)iiIn SECTION 1 of the bill, in added Section 48.053, Business & Commerce Code (page 6, lines 26 and 27), strike "transmit computer software" and substitute "cause computer software to be copied".

(9)iiIn SECTION 1 of the bill, in Subdivision (3) of added Section 48.053, Business & Commerce Code (page 7, line 13), strike "; or" and substitute ";".

(10)iiIn SECTION 1 of the bill, in Subdivision (4)(B) of added Section 48.053, Business & Commerce Code (page 7, line 22), strike "." and substitute ";".

(11)iiIn SECTION 1 of the bill, immediately following Subdivision (4) of added Section 48.053, Business & Commerce Code (page 7, between lines 22 and 23), insert the following:

(5)iichange the name, location, or other designation of computer software to prevent the owner from locating and removing the software; or

(6)iicreate randomized or intentionally deceptive file names or random or intentionally deceptive directory folders, formats, or registry entries to avoid detection and prevent the owner from removing computer software.

(12)iiIn SECTION 1 of the bill, in added Section 48.055(2), Business & Commerce Code (page 8, line 9), strike "provide for" and substitute "cause".

4266 79th LEGISLATURE — REGULAR SESSION

(13)iiIn SECTION 1 of the bill, strike added Section 48.057, Business & Commerce Code (page 8, line 25, through page 9, line 7).

Amendment No. 1 was adopted.

Amendment No. 2

Representative McCall offered the following amendment to CSSBi327:

Amend CSSB 327 (House Committee Printing) as follows:

(1)iiIn SECTION 1 of the bill, at the end of added Section 48.003, Business & Commerce Code (page 4, between lines 13 and 14), insert the following:

(c)iiThis chapter does not apply to:

(1)iithe use of a navigation device, any interaction with a navigation device, or the installation or use of computer software on a navigation device by a multichannel video programming distributor or video programmer in connection with the provision of multichannel video programming or other services offered over a multichannel video programming system if the provision of the programming or other service is subject to 47 U.S.C. Section 338(i) or 551; or

(2)iithe collection or disclosure of subscriber information by a multichannel video programming distributor or video programmer in connection with the provision of multichannel video programming or other services offered over a multichannel video programming system if the collection or disclosure of the information is subject to 47 U.S.C. Section 338(i) or 551.

(d)iiIn this section, "multichannel video programming distributor" has the meaning assigned by 47 U.S.C. Section 522(13).

(2)iiIn SECTION 1 of the bill, strike added Section 48.101(a), Business & Commerce Code (page 9, lines 10-17), and substitute the following:

(a)iiThe following persons, if adversely affected by the violation, may bring a civil action against a person who violates this chapter:

(1)iia provider of computer software;

(2)iian owner of a web page or trademark;

(3)iia telecommunications carrier;

(4)iia cable operator; or

(5)iian Internet service provider.

(3)iiIn SECTION 1 of the bill, strike added Section 48.101(g), Business & Commerce Code (page 10, line 17, through page 11, line 8), and substitute the following:

(g)iiIn the case of a violation of Section 48.052 that causes a telecommunications carrier or cable operator to incur costs for the origination, transport, or termination of a call triggered using the modem of a customer of the telecommunications carrier or cable operator as a result of the violation and in addition to any other remedy provided by law, a telecommunications carrier or cable operator bringing an action under this section may:

(1)iiapply to a court for an order to enjoin the violation;

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4267

(2)iirecover the charges the telecommunications carrier or cable operator is obligated to pay to a telecommunications carrier, cable operator, other provider of transmission capability, or an information service provider as a result of the violation, including charges for the origination, transport, or termination of the call;

(3)iirecover the costs of handling customer inquiries or complaints with respect to amounts billed for calls as a result of the violation;

(4)iirecover other costs, including court costs, and reasonable attorney's fees; or

(5)iiboth apply for injunctive relief and recover charges and other costs as provided by this subsection.

Amendment No. 2 was adopted.

CSSB 327, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

SB 882 ON SECOND READING
(A. Allen and Naishtat - House Sponsors)

SB 882, A bill to be entitled An Act relating to the Texas Council on Autism and Pervasive Developmental Disorders.

SBi882 was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Harper-Brown and Laubenberg recorded voting no.)

(Keel in the chair)

SB 450 ON SECOND READING
(Baxter - House Sponsor)

SB 450, A bill to be entitled An Act relating to the confidentiality of certain personal information regarding the employees of a prosecutor's office or of an office with jurisdiction over child protective services.

SBi450 was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

SB 23 ON SECOND READING
(Kolkhorst and Naishtat - House Sponsors)

SB 23, A bill to be entitled An Act relating to subsidized child-care services and early childhood care and education program coordination.

Amendment No. 1

Representative Kolkhorst offered the following amendment to SBi23:

4268 79th LEGISLATURE — REGULAR SESSION

Amend SB 23 in SECTION 1 of the bill, in added Section 29.1561(c), Education Code (engrossed version, page 1, line 8), by striking "award grants" and substituting "provide incentives".

Amendment No. 1 was adopted.

Amendment No. 2

Representative Isett offered the following amendment to SBi23:

Amend SB 23, as reported by the House Committee, by adding a new subsection (c)(4) to the proposed Section 29.161, Education Code:

(c) The system must:

(4) include a management scorecard system made up performance indicators, the perspectives of parents, interested stakeholders, and provider employees, and critical success factors related to implementing and sustaining effective early childhood care and education programs.

Amendment No. 2 was withdrawn.

Amendment No. 3

Representative Paxton offered the following amendment to SBi23:

Amend House Committee Report for SB 23 by inserting a new section and renumbering subsequent sections as follows:

SECTION . Sections 2308.315 and 2308.316, Government Code, are amended to read as follows:

Sec. 2308.315. REIMBURSEMENT RATES FOR CHILD CARE. Each board may [shall] establish graduated reimbursement rates for child care based on the Texas Workforce Commission's designated vendor program. If a board establishes graduated reimbursement rates for child care, the [The] minimum reimbursement rate for designated vendors must be at least five percent greater than the maximum rate established for nondesignated vendors for the same category of care. A [The] designated vendor rate differential established in this section shall be funded with federal child care development funds dedicated to quality improvement activities.

Sec. 2308.316. FUNDING OF COMPETITIVE PROCUREMENT PROCESS FOR INFANT AND EARLY CHILDHOOD CHILD CARE. Each board may [shall] allocate a portion of the board's federal child care development funds dedicated to quality improvement activities to a competitive procurement process for a system for quality child care for children under four years of age that encourages child care providers to voluntarily meet the criteria of the Texas Workforce Commission's designated vendor program or national accreditation. If a board allocates [In allocating] funds under this section, special consideration shall be given to funding child care for children under four years of age in low-income communities. This section may not be interpreted to limit parental choice.

Amendment No. 3 was withdrawn.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4269

SB 23, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Harper-Brown recorded voting no.)

SB 34 ON SECOND READING
(Morrison - House Sponsor)

SB 34, A bill to be entitled An Act relating to the tuition rebate program for certain undergraduates at certain public institutions of higher education.

Amendment No. 1

Representative Rose offered the following amendment to SBi34:

Amend SB 34 by adding the following SECTIONS to the bill and renumbering subsequent SECTIONS of the bill appropriately:

SECTIONi____.iiSection 51.351(1), Education Code, is amended to read as follows:

(1)ii"General academic teaching institution," "governing board," "institution of higher education," "medical and dental unit," "public junior college," and "university system" have the meanings assigned by Section 61.003 [of this code].

SECTIONi____.iiSubchapter G, Chapter 51, Education Code, is amended by adding Sections 51.355 and 51.356 to read as follows:

Sec.i51.355.iiNONVOTING STUDENT REGENT; UNIVERSITY SYSTEM BOARD OF REGENTS. (a) In this section, "student government" means the representative student organization directly elected by the student body of a general academic teaching institution or medical and dental unit.

(b)iiThe chancellor of each university system shall develop a uniform application form to be used by each general academic teaching institution and medical and dental unit in the university system to solicit applicants for the position of student regent.

(c)iiExcept as provided by Subsection (f), not later than September 1 of each year, the student government of each general academic teaching institution and medical and dental unit in a university system shall solicit applicants for the position of student regent. Not later than November 1, from among the applications received by the student government, the student government shall select five applicants as the student government's recommendations for the position of student regent and send the applications of those applicants, with the name of each applicant and the name of the institution or unit in which the applicant is enrolled removed, to the chancellor of the university system. From among those applicants, the chancellor shall select two or more applicants as the university system's recommendations for the position of student regent and shall send the applications of those applicants to the governor not later than December 1. The governor may request to review all applications for the position of student regent received by the student governments and may request to review information required to be removed from an application by a student government under this subsection. On February 1, or as soon thereafter as practicable, the

4270 79th LEGISLATURE — REGULAR SESSION

(d)iiA student regent must be enrolled as an undergraduate or graduate student in a general academic teaching institution or medical and dental unit in the university system at the time of appointment and throughout the student regent's term. For purposes of this subsection, a person is considered to be enrolled in an institution or unit for a summer term if the person was enrolled in the institution or unit for the preceding semester and:

(1)iiis registered or preregistered at the institution or unit for the following fall semester;

(2)iiif the person has not completed the person's degree program, is eligible to continue the degree program at the institution or unit in the following fall semester; or

(3)iiif the person completed a degree program in the preceding semester, is admitted to another degree program at the institution or unit for the following fall semester.

(e)iiA student regent is not a member of the board of regents of the system for which the student regent is appointed. A student regent has the same powers and duties as the members of the board of regents of the system, including the right to attend and participate in meetings of the board of regents, except that the student regent:

(1)iimay not vote on any matter before the board or make or second any motion before the board; and

(2)iiis not counted in determining whether a quorum exists for a meeting of the board or in determining the outcome of any vote of the board.

(f)iiThe student government of the general academic teaching institution or medical and dental unit at which a current student regent was enrolled at the time of the student regent's appointment may not solicit applicants for the position of student regent for the next regular term of the position.

(g)iiA vacancy in the position of student regent for a university system shall be filled for the unexpired term by appointment by the governor in consultation with the chancellor of the system.

Sec.i51.356.iiNONVOTING STUDENT REGENT; INSTITUTION BOARD OF REGENTS. (a) This section applies only to a general academic teaching institution that is not a part of a university system.

(b)iiIn this section, "student government" means the representative student organization directly elected by the student body of a general academic teaching institution.

(c)iiThe president of a general academic teaching institution shall develop a uniform application form to be used to solicit applicants for the position of student regent.

(d)iiNot later than September 1 of each year, the student government of the general academic teaching institution shall solicit applicants for the position of student regent. Not later than November 1, from among the applications received by the student government, the student government shall select five applicants as

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4271

(e)iiA student regent must be enrolled as an undergraduate or graduate student in the general academic teaching institution at the time of appointment and throughout the student regent's term. For purposes of this subsection, a person is considered to be enrolled in an institution for a summer term if the person was enrolled in the institution for the preceding semester and:

(1)iiis registered or preregistered at the institution for the following fall semester;

(2)iiif the person has not completed the person's degree program, is eligible to continue the degree program at the institution in the following fall semester; or

(3)iiif the person completed a degree program in the preceding semester, is admitted to another degree program at the institution for the following fall semester.

(f)iiA student regent is not a member of the board of regents of the institution for which the student regent is appointed. A student regent has the same powers and duties as the members of the board of regents of the institution, including the right to attend and participate in meetings of the board of regents, except that the student regent:

(1)iimay not vote on any matter before the board or make or second any motion before the board; and

(2)iiis not counted in determining whether a quorum exists for a meeting of the board or in determining the outcome of any vote of the board.

(g)iiA vacancy in the position of student regent for an institution shall be filled for the unexpired term by appointment by the governor in consultation with the president of the institution.

SECTIONi____.iiThe initial term of a student regent appointed for a state university system under Section 51.355, Education Code, as added by this Act, or for a state university under Section 51.356, Education Code, as added by this Act, expires February 1, 2007. The appropriate student governments, the chancellor of each state university system, the president of each state university that is not a part of a university system, and the governor shall take the actions required by

4272 79th LEGISLATURE — REGULAR SESSION

Amendment No. 1 was adopted. (Talton recorded voting no.)

Amendment No. 2

Representative Campbell offered the following amendment to SBi34:

Amend SB 34 by adding the following new SECTIONS, appropriately numbered, and renumbering subsequent SECTIONS of the bill accordingly:

SECTION __. Subchapter M, Chapter 56, Education Code, is amended by adding Section 56.3012 to read as follows:

Sec. 56.3012. PILOT PROJECT TO PROVIDE INCENTIVES FOR ATTENDANCE AT UNDERUTILIZED PUBLIC INSTITUTIONS. (a) In addition to incentives described by Section 54.0065, the coordinating board shall establish a tuition grant incentive pilot project as provided by this section to encourage students to attend eligible public institutions of higher education that offer extensive baccalaureate degree program options and that have sufficient facilities, administrative infrastructure, and faculty to serve additional students in order to reduce the need for this state to construct additional facilities or hire additional faculty at other institutions of higher education.

(b) From money available under Section 56.310 for purposes of this subchapter and money available under Section 54.464 for purposes of Subchapter Q, the coordinating board shall set aside sufficient money to provide tuition grant incentives, including TEXAS grants for the 2005-2006 and 2006-2007 academic years to students who are initially eligible for a grant under Section 56.304 or 56.3041 in either of those years as follows:

(1) for not more than 400 additional students in excess of the total of fall 2004 awards at Angelo State University; and

(2) for not more than 200 additional students in excess of the total of fall 2004 awards at Sul Ross State University

(c) To the extent money set aside under Subsection (b) is available for the purpose, a person awarded a grant as provided by Subsection (b) who continues to be eligible for a grant under Section 56.305 may receive a grant from the money set aside. If money set aside under Subsection (b) is not available to pay for a grant for a person awarded a grant as provided by Subsection (b) who continues to be eligible for a grant under Section 56.305, the person may receive a grant from the money available under Section 56.310 on the same basis as other Texas grant applicants.

(d) The coordinating board shall reallocate for grants under this subchapter or for loans under Subchapter Q, as applicable , any money set aside for purposes of the TEXAS grant pilot project that is not used in the academic year for which the money is set aside. Money reallocated under this subsection may be used at any eligible institution under this subchapter or Subchapter Q.

(e) Except as otherwise specifically provided by this section, this subchapter applies to a TEXAS grant awarded under this section.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4273

(f) The coordinating board shall develop criteria for evaluating the pilot project and, based on that evaluation, not later than January 1, 2007, shall report to the 80th Legislature the coordinating board's recommendations concerning whether to continue, expand to other underutilized eligible public institutions of higher education, or discontinue the pilot project.

SECTION __. The Texas Higher Education Coordinating Board shall adopt rules to administer Section 56.3012, Education Code, as added by this Act, as soon as practicable after the date this Act takes effect. For that purpose, the board may adopt the initial rules in the manner provided by law for adoption of emergency rules.

Amendment No. 2 was adopted.

Amendment No. 3

Representative Dutton offered the following amendment to SBi34:

Amend SB 34 (house committee printing) by adding the following appropriately numbered section to the bill and renumbering the remaining sections appropriately:

SECTIONi___.ii(a) Subchapter D, Chapter 54, Education Code, is amended by adding Section 54.220 to read as follows:

Sec.i54.220.iiEXEMPTION FOR RESIDENT LOWER-DIVISION STUDENTS AT GENERAL ACADEMIC TEACHING INSTITUTIONS FOR MAINTAINING HIGH ACADEMIC PERFORMANCE. (a) In this section, "general academic teaching institution" has the meaning assigned by Section 61.003.

(b)iiAn entering freshman student enrolled in a general academic teaching institution is entitled to a refund of tuition and required fees paid by the student under this chapter for the first semester or term for which the student enrolls at that institution if the student:

(1)iigraduated from a private high school, including a home school, or a public high school in this state;

(2)iiis classified as a Texas resident under Subchapter B; and

(3)iifor all courses attempted that initial semester or term earns a grade point average of at least 3.0 on a four-point scale or the equivalent.

(c)iiTo receive a refund under Subsection (b), the student must apply to the institution in the manner required by the institution not later than the first anniversary of the last class day of the semester or term.

(d)iiA student enrolled in a general academic teaching institution is exempt from the payment of tuition and required fees authorized by this chapter for a semester or term of the student's first two academic years, other than a semester or term covered by Subsection (b), at that institution if the student:

(1)iigraduated from a private high school, including a home school, or a public high school in this state;

(2)iiis classified as a Texas resident under Subchapter B; and

(3)iimaintains an overall grade-point average of at least 3.0 on a four-point scale or the equivalent for all prior coursework attempted at the institution.

4274 79th LEGISLATURE — REGULAR SESSION

(e)iiA student receiving an exemption under this section for one or more semesters or terms may not enroll for the student's third academic year at the institution until the student passes an examination to be selected and administered by the institution.

(f)iiAn institution to which this section applies may fund tuition and fee refunds and exemptions under this section from local funds or from funds appropriated to the institution. The institution may provide tuition and fee refunds or exemptions beyond those funded through state appropriations specifically designated for this purpose.

(g)iiA person may not receive a refund or exemption under this section for a semester or term that begins after the 2024-2025 academic year. This section expires September 1, 2026.

(b)iiThis section applies beginning with tuition and fees charged for the 2005 fall semester.

Amendment No. 3 was withdrawn.

Amendment No. 4

Representative Naishtat offered the following amendment to SBi34:

Amend SB 34 (House committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering existing SECTIONS of the bill accordingly:

SECTIONi____. (a) Subchapter D, Chapter 54, Education Code, is amended by adding Section 54.2115 to read as follows:

Sec.i54.2115.iiTUITION EXEMPTION FOR CERTAIN PERSONS IN TRANSITIONAL LIVING PROGRAM.ii(a)iiIn this section, "transitional living program" means a program that meets the grant eligibility standards for transitional living youth projects for homeless youth under Sections 321 and 322, Runaway and Homeless Youth Act (42 U.S.C. Sections 5714-1 and 5714-2), as amended.

(b)iiA person is exempt from the payment of tuition and required fees other than property deposit fees if the person:

(1)iiwas a resident in a transitional living program for a continuous period of at least six months occurring after the person's 16th birthday but before the person's 22nd birthday;

(2)iimaintains a current residence that is separate from that of a parent, conservator, or other guardian of the person;

(3)iiis classified as a Texas resident under Subchapter B;

(4)iiinitially enrolls at an institution of higher education as a full-time or part-time undergraduate student not later than the person's 22nd birthday; and

(5)iidemonstrates financial need as determined according to standards adopted by any institution of higher education in which the person enrolls.

(c)iiEach transitional living program in this state shall provide current program information to the Department of Family and Protective Services and shall update the information as necessary. The department shall maintain a record

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4275

(b)iiSection 54.2115, Education Code, as added by this section, applies beginning with tuition and fees for the 2006 spring semester.

(c)iiA public institution of higher education shall adopt the standards for financial need as described by Section 54.2115, Education Code, as added by this section, not later than the 30th day after the effective date of this section. For that purpose, the institution may adopt the initial standards in the manner provided by law for adoption of emergency rules. This subsection expires January 1, 2006.

Representative Morrison moved to table Amendment No. 4.

The motion to table prevailed.

(Solomons and Zedler now present)

SB 34, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Howard, Jackson, and Laubenberg recorded voting no.)

SB 96 ON SECOND READING
(Solomons - House Sponsor)

SB 96, A bill to be entitled An Act relating to the provision on the Internet of forms and permit or license information by state agencies.

SBi96 was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

SB 111 ON SECOND READING
(T. Smith - House Sponsor)

SB 111, A bill to be entitled An Act relating to undergraduate course credit granted by public institutions of higher education for the completion of certain postsecondary-level programs by high school students.

Amendment No. 1

Representative T. Smith offered the following amendment to SBi111:

Amend SB 111 (House committee printing) as follows:

(1) In SECTION 1 of the bill, strike added Subdivision (1), Subsection (a), Section 51.968, Education Code (page 1, lines 11-12), and substitute the following:

(1) "Advanced Placement examination" means an examination administered through the Advanced Placement Program.

(2) In SECTION 1 of the bill, in added Subdivision (2), Subsection (a), Section 51.968, Education Code (page 1, line 14), strike "college-level examination program" and substitute "College-Level Examination Program".

4276 79th LEGISLATURE — REGULAR SESSION

(3) In SECTION 1 of the bill, in added Subdivision (5), Subsection (a), Section 51.968, Education Code (page 1, lines 20-22), strike "(5) "International baccalaureate diploma program" means the curriculum and examinations leading to an international baccalaureate diploma" and substitute "(5) "International Baccalaureate Diploma Program" means the curriculum and examinations leading to an International Baccalaureate diploma".

(4) In SECTION 1 of the bill, in added Subsection (b), Section 51.968, Education Code (page 2, lines 3-6), strike "international baccalaureate diploma program, who have achieved required scores on one or more examinations in the advanced placement program or the college-level examination program" and substitute "International Baccalaureate Diploma Program, who have achieved required scores on one or more examinations in the Advanced Placement Program or the College-Level Examination Program".

(5) In SECTION 1 of the bill, in added Subdivision (1), Subsection (c), Section 51.968, Education Code (page 2, lines 12-14), strike "advanced placement examinations, and examinations for courses constituting the international baccalaureate diploma program" and substitute "Advanced Placement examinations, and examinations for courses constituting the International Baccalaureate Diploma Program".

(6) In SECTION 1 of the bill, in added Subdivision (2), Subsection (c), Section 51.968, Education Code (page 2, line 22), strike "advanced placement" and substitute "Advanced Placement".

(7) In SECTION 1 of the bill, in added Subdivision (1), Subsection (f), Section 51.968, Education Code (page 3, lines 15-17), strike "international baccalaureate diploma program, the advanced placement program, and the college-level examination program" and substitute "International Baccalaureate Diploma Program, the Advanced Placement Program, and the College-Level Examination Program".

(8) In SECTION 1 of the bill, in added Subsection (g), Section 51.968, Education Code (page 3, line 24), strike "international baccalaureate diploma program" and substitute "International Baccalaureate Diploma Program".

Amendment No. 1 was adopted.

Amendment No. 2

Representative Dutton offered the following amendment to SBi111:

Amend SB 111 (house committee printing) by adding the following appropriately numbered section to the bill and renumbering the remaining sections of the bill appropriately:

SECTION . (a) Subchapter D, Chapter 54, Education Code, is amended by adding Section 54.220 to read as follows:

Sec. 54.220. EXEMPTION FOR RESIDENT LOWER-DIVISION STUDENTS AT GENERAL ACADEMIC TEACHING INSTITUTIONS FOR MAINTAINING HIGH ACADEMIC PERFORMANCE. (a) In this section, "general academic teaching institution" has the meaning assigned by Section 61.003.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4277

(b) An entering freshman student enrolled in a general academic teaching institution is entitled to a refund of tuition and required fees paid by the student under this chapter for the first semester or term for which the student enrolls at that institution if the student:

(1) graduated from a private high school, including a home school, or a public high school in this state;

(2) is classified as a Texas resident under Subchapter B; and

(3) for all courses attempted that initial semester or term earns a grade point average of at least 3.0 on a four-point scale or the equivalent.

(c) To receive a refund under Subsection (b), the student must apply to the institution in the manner required by the institution not later than the first anniversary of the last class day of the semester or term.

(d) A student enrolled in a general academic teaching institution is exempt from the payment of tuition and required fees authorized by this chapter for a semester or term of the student's first two academic years, other than a semester or term covered by Subsection (b), at that institution if the student:

(1) graduated from a private high school, including a home school, or a public high school in this state;

(2) is classified as a Texas resident under Subchapter B; and

(3) maintains an overall grade-point average of at least 3.0 on a four-point scale or the equivalent for all prior coursework attempted at the institution.

(e) A student receiving an exemption under this section for one or more semesters or terms may not enroll for the student's third academic year at the institution until the student passes an examination to be selected and administered by the institution.

(f) An institution to which this section applies may fund tuition and fee refunds and exemptions under this section from local funds or from funds appropriated to the institution. The institution may provide tuition and fee refunds or exemptions beyond those funded through state appropriations specifically designated for this purpose.

(g) A person may not receive a refund or exemption under this section for a semester or term that begins after the 2024-2025 academic year. This section expires September 1, 2026.

(b) This section applies beginning with tuition and fees charged for the 2005 fall semester.

Amendment No. 2 was withdrawn.

Amendment No. 3

Representative B. Cook offered the following amendment to SBi111:

Amend SB 111 by adding the following appropriately numbered section and renumbering the subsequent sections of the bill accordingly:

SECTION __. Subchapter B, Chapter 28, Education Code, is amended by adding Section 28.0252 to read as follows:

4278 79th LEGISLATURE — REGULAR SESSION

Sec. 28.0252. COMPUTATION OF HIGH SCHOOL GRADE POINT AVERAGE. (a) The commissioner may develop a standard method of computing a student's high school grade point average that provides for additional weight to be given to each honors course, advanced placement course, international baccalaureate course, or dual credit course described by Section 28.025 (e)(2)(B) completed by a student.

(b) If the commissioner develops a standard method under this section, a school district shall use the standard method to compute a student's high school grade point average, and the student's grade point average computed in that manner shall be used in determining the student's eligibility for automatic college admission under Section 51.803.

(b-1) Subsection (b) applies only to students entering grade nine during or after the 2007-2008 school year. This subsection expires September 1, 2010.

(c) The commissioner may adopt rules necessary to implement this section.

Amendment No. 3 was adopted.

A record vote was requested.

SB 111, as amended, was passed to third reading by (Record 794): 127 Yeas, 17 Nays, 2 Present, not voting.

Yeas — Allen, A.; Allen, R.; Alonzo; Anchia; Anderson; Bailey; Baxter; Blake; Bohac; Branch; Brown, F.; Burnam; Campbell; Casteel; Castro; Chavez; Chisum; Coleman; Cook, B.; Cook, R.; Corte; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Escobar; Farabee; Farrar; Flores; Frost; Gallego; Gattis; Geren; Gonzales; Gonzalez Toureilles; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Herrero; Hilderbran; Hill; Hochberg; Homer; Hunter; Isett; Jackson; Jones, D.; Jones, J.; Keffer, J.; King, P.; Kolkhorst; Krusee; Kuempel; Laney; Leibowitz; Luna; Madden; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Moreno, P.; Morrison; Mowery; Naishtat; Nixon; Noriega, M.; Oliveira; Olivo; Orr; Otto; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna; Ritter; Rodriguez; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solis; Solomons; Strama; Straus; Swinford; Taylor; Thompson; Truitt; Turner; Uresti; Van Arsdale; Veasey; Villarreal; Vo; West; Wong; Woolley; Zedler.

Nays — Berman; Bonnen; Brown, B.; Callegari; Crabb; Flynn; Hope; Hopson; Howard; Hughes; Hupp; Keffer, B.; Laubenberg; Miller; Paxton; Riddle; Talton.

Present, not voting — Mr. Speaker; Keel(C).

Absent, Excused — Hodge.

Absent, Excused, Committee Meeting — Giddings.

Absent — King, T.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4279

STATEMENTS OF VOTE

I was shown voting yes on Record No. 794. I intended to vote no.

F. Brown

I was shown voting no on Record No. 794. I intended to vote yes.

Hopson

I was shown voting no on Record No. 794. I intended to vote yes.

B. Keffer

I was shown voting yes on Record No. 794. I intended to vote no.

Phillips

SB 155 ON SECOND READING
(Eiland - House Sponsor)

SB 155, A bill to be entitled An Act relating to the quality assurance accreditation process for certain entities that offer health benefit plans.

Amendment No. 1

Representative Eiland offered the following amendment to SBi155:

Amend SB 155 (house committee printing) in SECTION 1 of the bill by striking Subsection (c) of added Section 847.005, Insurance Code (page 5, lines 22-27), and substituting the following:

(c)iiIf the department determines that a health benefit plan issuer is in compliance with a state statutory or regulatory requirement, the commission may presume that a Medicaid or state child health plan program managed care plan offered by a health benefit plan issuer under contract with the commission is in compliance with any contractual Medicaid or state child health plan program managed care plan requirement that is the same as, substantially similar to, or more stringent than the state statutory or regulatory requirement, as determined by the commission.

Amendment No. 1 was adopted.

LEAVE OF ABSENCE GRANTED

The following member was granted leave of absence temporarily for today to attend a meeting of the conference committee oniHB 7 and SB 5:

Solomons on motion of Homer.

SB 155 - (consideration continued)

Representative Eiland moved to postpone consideration of SBi155 until 4 p.m.itoday.

The motion prevailed.

4280 79th LEGISLATURE — REGULAR SESSION

SB 263 ON SECOND READING
(Otto - House Sponsor)

SB 263, A bill to be entitled An Act relating to use of certain information relating to tax audits; providing penalties.

SBi263 was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

SB 265 ON SECOND READING
(B. Keffer - House Sponsor)

SB 265, A bill to be entitled An Act relating to certain continuing education requirements for insurance agents.

Amendment No. 1

Representative B. Keffer offered the following amendment to SBi265:

Amend SB 265, house committee printing, in SECTION 1 of the bill, on page 1, after line 24, by inserting a new Subsection (d) in added Section 4004.0535, Insurance Code, to read as follows:

(d)iiAn agent who seeks continuing education credit under this section shall provide to the department in the manner prescribed by the commissioner a sworn affirmation that the agent is an active member of a state or national insurance association described by Subsection (a) and, for the number of continuing education hours claimed, has:

(1)iireviewed educational materials provided by that association; or

(2)iiattended educational presentations sponsored by that association.

Amendment No. 1 was adopted.

Amendment No. 2

Representative Taylor offered the following amendment to SBi265:

Amend SB 265 (committee printing) as follows:

(1) On page 2, line 1, add the following new sections and renumber appropriately:

SECTIONi2.iiSubchapter B, Chapter 4004, Insurance Code, as effective April 1, 2005, is amended by adding Section 4004.0536 as follows:

Sec.i4004.0536.iiCONTENT OF CONTINUING EDUCATION PROGRAM. A continuing education program for individuals who hold a general life accident and health license, a life and health insurance counselors license or a limited life accident and health license may include information related to the Health Insurance Portability and Accountability Act, Texas Insurance Code Chapter 1501, including provisions related to participation and contribution requirements and renewability of coverage.

SECTIONi3.iiSection 1501.108, Insurance Code, is amended by adding Subsection (d) to read as follows:

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4281

(d)iiA small or large employer health benefit plan issuer may modify a particular small or large employer health benefit plan at the time of coverage renewal if the modification applies uniformly to all small or large employers whose employees are covered by that health benefit plan.

SECTIONi4.iiSection 1501.153(a), Insurance Code, is amended to read as follows:

(a)iiThis chapter does not require a small employer to make an employer contribution to the premium paid to a small employer health benefit plan issuer, but the issuer may require an employer contribution in accordance with the issuer's usual and customary practices applicable to each of the issuer's small employer group health benefit plans in this state. The issuer shall apply the employer contribution level uniformly to each small employer offered or issued coverage under a small employer health benefit plan by the issuer in this state.

SECTIONi5.iiSections 1501.155(a) and (b), Insurance Code,

are amended to read as follows:

(a)iiA small employer health benefit plan issuer may offer a small employer health benefit plan to a small employer with a

participation level of less than 75 percent of the employer's

eligible employees if the issuer permits the same qualifying

participation level for each of the small employer health benefit plans [plan] offered by the issuer in this state.

(b)iiA small employer health benefit plan issuer may offer a small employer health benefit plan to a small employer even if the employer's participation level is less than the issuer's qualifying participation level for a small employer health benefit plan established in accordance with Subsection (a) if:

(1)iithe employer obtains a written waiver from each

eligible employee who declines coverage under a health benefit plan offered to the employer stating that the employee was not induced or pressured to decline coverage because of the employee's risk characteristics; and

(2)iithe issuer accepts or rejects the entire group of eligible employees who choose to participate and excludes only those employees who have declined coverage.

SECTIONi6.iiSections 1501.605(a) and (d), Insurance Code,

are amended to read as follows:

(a)iiA large employer health benefit plan issuer may require a large employer to meet a minimum contribution or participation requirement as a condition of issuance or renewal in accordance with the issuer's usual and customary practices for each of [all] the issuer's large employer health benefit plans in this state.

(d)iiA participation requirement must be stated in the health benefit plan contract and must be applied uniformly to each large employer offered or issued coverage under a large employer health benefit plan by a large employer health benefit plan issuer in this state.

Amendment No. 2 was adopted.

4282 79th LEGISLATURE — REGULAR SESSION

Amendment No. 3

Representative Taylor offered the following amendment to SBi265:

Amend SB 265 (committee printing) as follows:

(1) On page 2, line 1, add the following new sections and renumber appropriately:

SECTIONi2.iiSubchapter B, Chapter 4004, Insurance Code, as effective April 1, 2005, is amended by adding Section 4004.0536 as follows:

Sec.i4004.0536.iiCONTENT OF CONTINUING EDUCATION PROGRAM. A continuing education program for individuals who hold a general life accident and health license, a life and health insurance counselors license or a limited life accident and health license may include information related to the Texas Health Insurance Risk Pool.

SECTION 3. Subsection (b), Section 1506.002, Insurance Code, is amended to read as follows:

(b) In this chapter, "health benefit plan" does not include:

(1) accident insurance;

(2) a plan providing coverage only for dental or vision care;

(3) fixed indemnity insurance, including hospital indemnity insurance;

(4) [(2)] credit insurance;

(5) [(3)] long-term care insurance;

(6) [(4)] disability income insurance;

(7) other limited benefit coverage, including specified disease coverage;

(8) [(5)] coverage issued as a supplement to liability insurance;

(9) [(6)] insurance arising out of a workers' compensation law or similar law;

(10) [(7)] automobile medical payment insurance; or

(11) [(8)] insurance coverage under which benefits are payable with or without regard to fault and that is statutorily required to be contained in a liability insurance policy or equivalent self-insurance.

SECTIONi4.iiSubsection (a), Section 1506.109, Insurance Code, is amended to read as follows:

(a) The pool shall [may] provide for and use cost containment measures and requirements to make the coverage offered by the pool more cost-effective. To the extent the board determines it is cost-effective, the cost containment measures must include individual case management and disease management. The cost containment measures may include[, including] preadmission screening, the requirement of a second surgical opinion, and concurrent utilization review subject to Article 21.58 [, and individual case management, to make the coverage offered by the pool more cost-effective].

SECTIONi5.iiSubsection (a), Section 1506.152, Insurance Code, is amended to read as follows:

(a) An individual who is a legally domiciled resident of this state is eligible for coverage from the pool if the individual:

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4283

(1) provides to the pool evidence that the individual maintained health benefit plan coverage for the preceding 18 months with no gap in coverage longer than 63 days and with the most recent coverage being provided through an employer-sponsored plan, church plan, or government plan;

(2) provides to the pool evidence that the individual maintained health benefit plan coverage under another state's qualified Health Insurance Portability and Accountability Act health program that was terminated because the individual did not reside in that state and submits an application for pool coverage not later than the 63rd day after the date the coverage described by this subdivision was terminated;

(3) has been a legally domiciled resident of this state for the preceding 30 days, is a citizen of the United States or has been a permanent resident of the United States for at least three continuous years, and provides to the pool:

(A) a notice of rejection of, or refusal to issue, substantially similar individual health benefit plan coverage from a health benefit plan issuer, other than an insurer that offers only stop-loss, excess loss, or reinsurance coverage, if the rejection or refusal was for health reasons;

(B) certification from an agent or salaried representative of a health benefit plan issuer that states that the agent or salaried representative cannot obtain substantially similar individual coverage for the individual from any health benefit plan issuer that the agent or salaried representative represents because, under the underwriting guidelines of the health benefit plan issuer, the individual will be denied coverage as a result of a medical condition of the individual;

(C) an offer to issue substantially similar individual coverage only with conditional riders; or

(D) [a notice of refusal by a health benefit plan issuer to issue substantially similar individual coverage except at a rate exceeding the pool rate; or

[(E)] a diagnosis of the individual with one of the medical or health conditions on the list adopted under Section 1506.154; or

(4) provides to the pool evidence that, on the date of application to the pool, the individual is certified as eligible for trade adjustment assistance or for pension benefit guaranty corporation assistance, as provided by the Trade Adjustment Assistance Reform Act of 2002 (Pub. L. No. 107-210).

SECTIONi6.iiSubsection (a), Section 1506.155, Insurance Code, is amended to read as follows:

(a) Except as provided by this section and Section 1506.056, pool coverage excludes charges or expenses incurred before the first anniversary of the effective date of coverage with regard to any condition for which:

(1) the existence of symptoms would cause an ordinarily prudent person to seek diagnosis, care, or treatment within the six-month period preceding the effective date of coverage; or

(2) medical advice, care, or treatment was recommended or received during the six-month period preceding the effective date of coverage.

SECTIONi7.iiSubchapter F, Chapter 1506, Insurance Code, is amended by adding Section 1506.2522 to read as follows:

4284 79th LEGISLATURE — REGULAR SESSION

Sec.i1506.2522.iiANNUAL REPORT TO BOARD: ENROLLED INDIVIDUALS. (a) Each health benefit plan issuer shall report to the board the number of residents of this state enrolled, as of December 31 of the previous year, in the issuer's health benefit plans providing coverage for residents in this state, as:

(1) an employee or retired employee under a group health benefit plan; or

(2) an individual policyholder or subscriber.

(b) In determining the number of individuals to report under Subsection (a)(1), the health benefit plan issuer shall include each employee or retired employee for whom a premium is paid and coverage is provided under an excess loss, stop-loss, or reinsurance policy issued by the issuer to an employer or group health benefit plan providing coverage for employees or retired employees in this state. A health benefit plan issuer providing excess loss insurance, stop-loss insurance, or reinsurance, as described by this subsection, for a primary health benefit plan issuer may not report individuals reported by the primary health benefit plan issuer.

(c) Ten employees or retired employees covered by a health plan issuer under a policy of excess loss insurance, stop-loss insurance, or reinsurance count as one employee or retired employee for purposes of determining that health plan issuer's assessment.

(d) In determining the number of individuals to report under this section, the health benefit plan issuer shall exclude:

(1) the dependents of the employee or retired employee or an individual policyholder or subscriber; and

(2) individuals who are covered by the health benefit plan issuer under a Medicare supplement benefit plan subject to Chapter 1652.

(e)iiThis section expires September 1, 2007.

SECTIONi8.iiSection 1506.253, Insurance Code, is amended to read as follows:

Sec.i1506.253.iiASSESSMENTS TO COVER NET LOSSES. (a)The board shall recover any net loss of the pool by assessing each health benefit plan issuer an amount determined annually by the board based on information in annual statements, the health benefit plan issuer's annual report to the board under Sections [Section] 1506.2521 and 1506.2522, and any other reports required by and filed with the board.

(b) The amount of a health benefit plan issuer's assessment is computed by multiplying the total amount required to be assessed against all health benefit plan issuers by a number computed by dividing:

[(1) the gross premiums collected by the issuer for health benefit plans in this state during the preceding calendar year; by

(2) the gross premiums collected by all issuers for health benefit plans in this state during the preceding calendar year.

(b-1) Notwithstanding Subsection (b), to compute the amount of a health benefit plan issuer's assessment, if any, the board shall:

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4285

(1)iidivide the total amount to be assessed by the total number of enrolled individuals reported by all health benefit plan issuers under Section 1506.2522 as of the preceding December 31 to determine the per capita amount; and

(2)iimultiply the number of enrolled individuals reported by the health benefit plan issuer under Section 1506.2522 as of the preceding December 31 by the per capita amount to determine the amount assessed to that health benefit plan issuer.

(b-2) Subsection (b-1) and this subsection expire September 1, 2007.

(c) A [For purposes of the assessment under this subchapter, gross health benefit plan premiums do not include premiums collected for:

[(1) coverage under a Medicare supplement benefit plan subject to Chapter 1652;

[(2) coverage under a] small employer health benefit plan subject to Subchapters A-H, Chapter 1501, is not subject to an assessment under this subchapter[; or

[(3)iicoverage or insurance listed in Section 1506.002(b)].

SECTIONi9.iiChapter 1506, Insurance Code, is amended by adding Subchapter G to read as follows:

SUBCHAPTER G. SUBROGATION RIGHTS OF POOL

Sec.i1506.301.iiSUBROGATION TO RIGHTS AGAINST THIRD PARTY. The pool:

(1) is subrogated to the rights of an individual covered by the pool to recover against a third party costs for an injury or illness for which the third party is liable under contract, tort law, or other law that have been paid by the pool on behalf of the covered individual; and

(2) may enforce that liability on behalf of the individual.

Sec.i1506.302.iiBENEFITS NOT PAYABLE; ADVANCE OF BENEFITS AUTHORIZED. (a) Under coverage provided by the pool, benefits are not payable for an injury or illness for which a third party may be liable under contract, tort law, or other law.

(b) Notwithstanding Subsection (a), the pool may advance to a covered individual the benefits provided under the pool coverage for medical expenses resulting from the injury or illness, subject to the pool's right to subrogation and reimbursement under this subchapter.

Sec.i1506.303.iiREIMBURSEMENT OF POOL REQUIRED. (a) Subject to Section 1506.305, the amount recovered by a covered individual in an action against a third party who is liable for the injury or illness must be used to reimburse the pool for benefits for medical expenses that have been advanced under Section 1506.302.

(b) The amount of reimbursement required by this section is not reduced by the application of the doctrine established at common law relating to adequate compensation of insureds and commonly referred to as the "made whole" doctrine.

4286 79th LEGISLATURE — REGULAR SESSION

(c) Subject to Section 1506.305, the pool shall treat any amount recovered by a covered individual in an action against a third party who is liable for the injury or illness that exceeds the amount of the reimbursement required under this section as an advance against future medical benefits for the injury or illness that the individual would otherwise be entitled to receive under pool coverage.

Sec.i1506.304.iiRESUMPTION OF PAYMENT OF BENEFITS. If the amount treated as an advance under Section 1506.303(c) is adequate to cover all future medical costs for the covered individual's injury or illness, the pool is not required to resume the payment of benefits. If the advance is insufficient, the pool shall resume the payment of benefits when the advance is exhausted.

Sec.i1506.305.iiATTORNEY 'S FEE FOR REPRESENTATION OF POOL 'S INTEREST. (a) For purposes of this section, the pool's recovery includes:

(1) the amount recovered by the pool in the action; and

(2) the amount of the covered individual's total recovery that must be used to reimburse the pool or that is treated as an advance for future medical costs under Section 1506.303(c).

(b) If the pool's interest is not actively represented by an attorney in a third-party action under this subchapter, the pool shall pay a fee to an attorney representing the claimant in the amount agreed on between the attorney and the pool. In the absence of an agreement, the court shall award to the attorney payable out of the pool's recovery:

(1) a reasonable fee for recovery of the pool's interest that may not exceed one-third of the pool's recovery; and

(2) a proportionate share of the reasonable expenses incurred.

(c) An attorney who represents a covered individual and is also to represent the interests of the pool under this subchapter must make a full written disclosure to the covered individual before employment as an attorney by the pool. The covered individual must acknowledge the disclosure and consent to the representation. A signed copy of the disclosure shall be provided to the covered individual and the pool. A copy of the disclosure with the covered individual's consent must be filed with the pleading before a judgment is entered and approved by the court. The attorney may not receive a fee under this section to which the attorney is otherwise entitled under an agreement with the pool unless the attorney complies with the requirements of this subsection.

(d) If an attorney actively representing the pool's interest actively participates in obtaining a recovery, the court shall award and apportion between the covered individual's and the pool's attorneys a fee payable out of the pool's subrogation recovery. In apportioning the award, the court shall consider the benefit accruing to the pool as a result of each attorney's service. The total attorney's fees may not exceed one-third of the pool's recovery.

SECTIONi10.ii(a) The legislature shall establish a joint interim committee to study the deficit resulting from the net losses of the Texas Health Insurance Risk Pool and to recommend a method or formula for recouping any deficit that apportions the cost of those losses among the largest possible number of users of the health care system.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4287

(b)iiNot later than September 1, 2006, the committee shall report its findings and recommendations to the governor, lieutenant governor, and speaker of the house of representatives.

(c)iiThe lieutenant governor and speaker shall determine the composition of the committee.

(d)iiThis section expires September 1, 2007.

SECTIONi11.ii(a) This Act applies only to an application for initial or renewal coverage through the Texas Health Insurance Risk Pool under Chapter 1506, Insurance Code, as amended by this Act, that is filed with that pool on or after the effective date of this Act. An application filed before the effective date of this Act is governed by the law in effect on the date on which the application was filed, and the former law is continued in effect for that purpose.

(b) Section 1506.155, Insurance Code, as amended by this Act, and Subchapter G, Chapter 1506, Insurance Code, as added by this Act, apply only to pool coverage that is delivered, issued for delivery, or renewed on or after the effective date of this Act. Pool coverage that is delivered, issued for delivery, or renewed before the effective date of this Act is governed by the law as it existed immediately before that date, and that law is continued in effect for that purpose.

(c) The change in law made by this Act to Section 1506.002(b), Insurance Code, applies to an assessment under Subchapter F, Chapter 1506, Insurance Code, for a calendar year beginning on or after the effective date of this Act. An assessment for a net loss for a calendar year before the effective date of this Act is governed by the law in effect during the calendar year for which the assessment is made, and the former law is continued in effect for that purpose.

(d) The board of directors of the Texas Health Insurance Risk Pool shall refund an assessment amount paid for a period after September 30, 2005, that is attributable to those coverages that are exempt from the assessment because of the change in law made by this Act to Section 1506.002(b), Insurance Code, at the time the final net loss for the period for which the assessment is made is determined.

(e) Section 1506.253, Insurance Code, as amended by this Act, applies to an assessment under Subchapter F, Chapter 1506, Insurance Code, for a calendar year beginning on or after January 1, 2006. An assessment for a calendar year before January 1, 2006, is governed by the law in effect during the period for which the assessment is made, and the former law is continued in effect for that purpose.

(f) Notwithstanding Subsection (a) of this section and Section 1506.158, Insurance Code, an individual who is covered by the Texas Health Insurance Risk Pool on the effective date of this Act and who, because of the change in law made by this Act to Subsection (a), Section 1506.152, Insurance Code, would no longer be eligible for coverage, continues to be eligible for coverage from the pool until the individual's coverage is terminated for a reason other than that change in law.

SECTIONi12.ii(a) In accordance with Subsection (c), Section 311.031, Government Code, which gives effect to a substantive amendment enacted by the same legislature that codifies the amended statute, the text of Subsection (b), Section 1506.002, Insurance Code, as set out in Section 1 of this Act, Subsection

4288 79th LEGISLATURE — REGULAR SESSION

(b) To the extent of any conflict, Subsection (b), Section 1506.002, Insurance Code; Subsection (a), Section 1506.109, Insurance Code; Subsection (a), Section 1506.152, Insurance Code; Subsection (a), Section 1506.155, Insurance Code; Section 1506.253, Insurance Code; Chapter 1506, Insurance Code prevails over another Act of the 79th Legislature, Regular Session, 2005, relating to nonsubstantive additions to and corrections in enacted codes.

SECTIONi13.iiSubsection (b), Section 1506.002, Insurance Code; Subsection (a), Section 1506.109, Insurance Code; Subsection (a), Section 1506.152, Insurance Code; Subsection (a), Section 1506.155, Insurance Code; Section 1506.253, Insurance Code; Chapter 1506, Insurance Code takes effect January 1, 2006.

Amendment No. 3 was adopted.

SB 265, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

POSTPONED BUSINESS

The following bills were laid before the house as postponed business:

SB 244 ON SECOND READING
(Orr - House Sponsor)

SB 244, A bill to be entitled An Act relating to priority of payment relating to property owners' association assessments.

SB 244 was read second time earlier today and was postponed until this time.

Representative Orr moved to postpone consideration of SBi244 until 4:15ip.m. today.

The motion prevailed.

MAJOR STATE CALENDAR
(consideration continued)

SB 299 ON SECOND READING
(Menendez - House Sponsor)

SB 299, A bill to be entitled An Act relating to the exception from required public disclosure of the name of an applicant for the position of city manager of certain home-rule municipalities.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4289

SB 299 - POINT OF ORDER

Representative Dunnam raised a point of order against further consideration of SB 299 under Rule 4, Section 32(c) of the House Rules on the grounds that the bill analysis is incorrect.

The chair sustained the point of order.

The ruling precluded further consideration of SB 299.

MEMORANDUM BY REPRESENTATIVE DUNNAM

The bill analysis incorrectly states that the bill delegates rulemaking authority to board in Section 19. The bill analysis must contain "an analysis of the content of the bill or resolution." House Rule 4, Section 32(c)(2) (2005).

The analysis section states that the bill applies to a "municipality having a population of more than 500,000 and operating under a council-manager form of government[.]" This is incorrect. The bill applies only to a "municipality having a population of more than one million and operating under a council-manager form of government[.]" House Committee Report, page 1, lines 11-12.

Thus, the analysis does not state the content of the bill, but the content of an amendment to be proposed. It is not a foregone conclusion that the committee amendment will be adopted or even offered and cannot be part of the content of the bill until that time. Thus, the bill analysis is incorrect and the committee report is defective.

For the above reasons, the point of order should be sustained.

SB 442 ON SECOND READING
(Rose - House Sponsor)

SB 442, A bill to be entitled An Act relating to immunity from liability for certain civil actions and civil actions against sales agents.

SBi442 was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

SB 451 ON SECOND READING
(Hartnett - House Sponsor)

SB 451, A bill to be entitled An Act relating to the qualifications for service as a grand or petit juror and challenges for cause.

SBi451 was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

SB 573 ON SECOND READING
(Casteel - House Sponsor)

SB 573, A bill to be entitled An Act relating to the award of certain highway maintenance contracts by the Texas Department of Transportation.

4290 79th LEGISLATURE — REGULAR SESSION

Amendment No. 1

On behalf of Representative Chavez, Representative Casteel offered the following amendment to SBi573:

Amend SB 573 (house committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS as appropriate:

SECTIONi__.iiSection 222.053, Transportation Code, is amended by adding Subsections (f), (g), and (h) to read as follows:

(f)iiThe commission shall certify a county as an economically disadvantaged county on an annual basis as soon as possible after the comptroller reports on the economic indicators listed under Subsection (a). A county certified under this section is eligible for an adjustment under Subsection (c)(2).

(g)iiThe commission shall determine whether to make an adjustment under Subsection (c)(2) at the time a political subdivision that consists of all or a portion of an economically disadvantaged county submits a proposal to construct, maintain, or extend a highway or for another type of highway project.

(h)iiThe commission may delegate any of its duties or powers under this section to the director or the director's designee.

Amendment No. 1 was adopted.

SB 573, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Anderson, Flynn, and Leibowitz recorded voting no.)

SB 593 ON SECOND READING
(Anchia - House Sponsor)

SB 593, A bill to be entitled An Act relating to the governor's study of emerging technology and economic development.

Amendment No. 1

Representative Hartnett offered the following amendment to SBi593:

Amend SB 593 by amending current Section 2 and inserting Section 3 as follows, and renumbering the remaining sections of the bill accordingly:

SECTION 2. Section 1 of tThis Act expires September 1, 2007.

SECTION 3. Section 39.107, Utilities Code, is amended by amending Subsections (a) and (b) and by adding Subsection (h) to read as follows:

(a) On introduction of customer choice in a service area, metering services for the area shall continue to be provided by the transmission and distribution utility affiliate of the electric utility that was serving the area before the introduction of customer choice. Metering services provided to commercial and industrial customers that are required by the independent system operator to have an interval data recorder meter may [shall] be provided on a competitive basis [beginning on January 1, 2004].

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4291

(b) Metering services provided to residential customers and to nonresidential customers other than those required by the independent system operator to have an interval data recorder meter shall continue to be provided by the transmission and distribution utility affiliate of the electric utility that was serving the area before the introduction of customer choice [until the later of September 1, 2005, or the date on which at least 40 percent of those residential customers are taking service from unaffiliated retail electric providers]. Retail electric providers serving residential and nonresidential customers other than those required by the independent system operator to have an interval data recorder meter may request that the transmission and distribution utility provide specialized meters, meter features, or add-on accessories so long as they are technically feasible and generally available in the market and provided that the retail electric provider pays the differential cost of such a meter or accessory. Metering and billing services provided to residential customers shall be governed by the customers safeguards adopted by the commission under Section 39.10. All meter data, including all data generated, provided, or otherwise made available, by advanced meters and meter information networks, shall belong to a customer, including data used to calculate charges for service, historical load data, and any other proprietary customer information. A customer may authorize its data to be provided to one or more retail electric providers under rules and charges established by the commission.

(h) The commission shall establish a nonbypassable surcharge for an electric utility or transmission and distribution utility to use to recover reasonable and necessary costs incurred in deploying advanced metering and meter information networks to residential customers and nonresidential customers other than those required by the independent system operator to have an interval data recorder meter. The commission shall ensure that the nonbypassable surcharge reflects a deployment of advanced meters that is no more than one-third of the utility's total meters over each calendar year, and shall ensure that the nonbypassable surcharge does not result in the utility recovering more than its actual, fully allocated meter and meter information network costs. The expenses must be allocated to the customer classes receiving the services, based on the electric utility's most recently approved tariffs.

Amendment No. 1 was withdrawn.

SB 593 was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows:. Harper-Brown recorded voting no.)

SB 623 ON SECOND READING
(Peña - House Sponsor)

SB 623, A bill to be entitled An Act relating to the authorized charges for providing a copy of public information requested under the public information law.

4292 79th LEGISLATURE — REGULAR SESSION

Amendment No. 1

Representative Peña offered the following amendment to SBi623:

Amend SB 623 (house committee printing), in Section 1 of the bill as follows:

(1) In Section 552.263(e) (page 1, line 8), strike "E" and insert "F".

(2) In Section 552.263(f) (page 1, line 16), strike "(c)" and insert "(a)".

Amendment No. 1 was adopted.

SB 623, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

SB 626 ON SECOND READING
(J. Davis - House Sponsor)

SB 626, A bill to be entitled An Act relating to medical assistance in certain alternative community-based care settings.

SBi626 was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Harper-Brown and Laubenberg recorded voting no.)

HR 2080 - ADOPTED
(by Eiland)

Representative Eiland moved to suspend all necessary rules to take up and consider at this time HRi2080.

The motion prevailed.

The following resolution was laid before the house:

HR 2080, In memory of U.S. Army Private First Class Wesley Robert Riggs of Beach City.

HR 2080 was read and was unanimously adopted by a rising vote.

CSSB 712 ON SECOND READING
(R. Cook - House Sponsor)

CSSB 712, A bill to be entitled An Act relating to the legislature's goal for energy efficiency and related energy efficiency programs.

Amendment No. 1

Representatives Bonnen and Hamric offered the following amendment to CSSBi712:

Amend CSSB 712 as follows:

(1) On page 2, line 23, add new SECTION 2 and renumber accordingly:

SECTION 2. Amend section 35.004 of the Utilities Code by adding a new Subsection (f) to read as follows:

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4293

(f) In order to properly reflect the infrastructure costs and benefits of energy efficiency and other technologies and resources that do not require transmission infrastructure, the commission shall develop and implement rules to ensure that a power generation company that interconnects with the transmission facilities of an electric utility, municipally owned utility, or electric cooperative in ERCOT bears an appropriate share of the costs of transmission additions and upgrades made necessary by the power generation company's interconnection to and use of the transmission system and transmission additions and upgrades associated with a competitive renewable energy zone. The rules shall be competitively neutral and consistent with the purposes of this subtitle.

Amendment No. 1 was adopted.

CSSB 712, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: A. Allen, Herrero, and Leibowitz recorded voting no.)

LEAVE OF ABSENCE GRANTED

The following member was granted leave of absence temporarily for today to attend a meeting of the conference committee on HB 7 and SB 5:

Zedler on motion of Homer.

POSTPONED BUSINESS

The following bills were laid before the house as postponed business:

SB 155 ON SECOND READING
(Eiland - House Sponsor)

SB 155, A bill to be entitled An Act relating to the quality assurance accreditation process for certain entities that offer health benefit plans.

SB 155 was read second time earlier today, amended, and was postponed until this time.

Amendment No. 2

On behalf of Representative Isett, Representative Eiland offered the following amendment to SBi155:

Amend SB 155 on Page 8, line 20, by inserting the following sections renumbering accordingly:

SECTION . Subtitle F, Title 8, Insurance Code, is amended by adding Chapter 1457 to read as follows:

CHAPTER 1457 PROVISIONAL CREDENTIALING STATUS

Sec. 1457.001 DEFINITIONS. In this chapter:

(1) "Enrollee" means an individual who is eligible to receive health care services through a health benefit plan.

(2) "Physician" means an individual licensed to practice medicine in this state under the authority of Title 3, Subtitle B, Occupations Code.

4294 79th LEGISLATURE — REGULAR SESSION

(3) "Provider network" means a health benefit plan under which health care services are provided to enrollees through contracts with physicians and that requires those enrollees to use physicians participating in the plan and procedures covered by the plan. The term includes a network operated by:

(A) a health maintenance organization;

(B) a preferred provider organization; or

(C) another entity that issues a health benefit plan, including an insurance company.

Sec. 1457.002. APPLICABILITY OF CHAPTER. This chapter applies to any health benefit plan covered by Section 1456.002, Insurance Code.

Sec. 1457.003. PROVISIONAL CREDENTIALING STATUS.

(a) A health benefit plan shall have a process for provisional credentialing status in compliance with the requirements of the National Committee for Quality Assurance.

(b) A health benefit plan shall grant provisional credentialing status to a physician:

(1) submits a completed standard credentialing application to the health benefit plan;

(2) meets the health plan's requirements for provisional credentialing; and

(3) joins as a partner, shareholder or employee of another physician who is contracted with a health benefit plan to provide medical or healthcare services to enrollees.

(c) A health benefit plan must complete the credentialing process within sixty (60) calendar days of the date a physician is granted provisional status. In the event the physician does not meet the health plan's credentialing standards, the physician must be provided the same appeal process as any other physician applying for participation with the health benefit plan.

Amendment No. 2 was adopted.

SB 155, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

MAJOR STATE CALENDAR
(consideration continued)

CSSB 771 ON SECOND READING
(Hartnett - House Sponsor)

CSSB 771, A bill to be entitled An Act relating to tax increment financing.

Amendment No. 1

Representative Menendez offered the following amendment to CSSBi771:

Amend CSSB 771 (house committee printing) by inserting the following appropriately numbered section and renumbering the subsequent sections of the bill accordingly:

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4295

SECTION . Chapter 311, Tax Code, is amended by adding Section 311.0087 to read as follows:

Sec. 311.0087. RESTRICTION ON POWERS OF CERTAIN MUNICIPALITIES. (a) this section applies only to a proposed reinvestment zone:

(1) the designation of which is requested in a petition submitted under Section 311.005(a) (5) before July 31, 2004, to the governing body of a home rule municipality that:

(A) has a population of more than 1.1 million; and

(B) is located primarily in a county with a population of 1.5 million or less; and

(C) as created at least 20 reinvestment zones under this chapter; and

(2) that is the subject of a resolution of intent that was adopted before October 31, 2004 by the governing body of the municipality.

(b) If the municipality imposes a fee of more than $25,000 for processing the petition, the municipality may not require a property owner who submitted the petition, as a condition of designating the reinvestment zone or approving a development agreement, interlocal agreement, or project plan for the proposed reinvestment zone:

(1) to waive any rights of the owner under Chapter 245, Local Government Code, or under any agreed order or settlement agreement to which the municipality is a party;

(2) to dedicate more than 20 percent of the owner's land in the area described in the petition as open-space land; or

(3) to use a nonconventional use pattern for a development to be located within the proposed reinvestment zone.

Amendment No. 1 was adopted.

Amendment No. 2

Representative Turner offered the following amendment to CSSBi771:

Amend CSSB 771 (house committee printing) as follows:

(1)iiIn the recital to SECTION 3 of the bill (page 2, line 26), strike "Subsection (g)" and substitute "Subsections (g), (h), and (i)".

(2)iiIn SECTION 3 of the bill, immediately following proposed Section 311.010(g), Tax Code (page 3, between lines 3 and 4), insert the following:

(h)iiSubject to the approval of the governing body of the municipality that created the zone, the board of directors of a reinvestment zone, as necessary or convenient to implement the project plan and reinvestment zone financing plan and achieve their purposes, may establish and provide for the administration of one or more programs for the public purposes of developing and diversifying the economy of the zone, eliminating unemployment and underemployment in the zone, and developing or expanding transportation, business, and commercial activity in the zone, including programs to make grants and loans from the tax increment fund of the zone in an aggregate amount not to exceed the amount of the tax increment produced by the municipality and paid into the tax increment

4296 79th LEGISLATURE — REGULAR SESSION

(i)iiThe board of directors of a reinvestment zone or a local government corporation administering a reinvestment zone may contract with the municipality that created the zone to allocate from the tax increment fund for the zone an amount equal to the tax increment produced by the municipality and paid into the tax increment fund for the zone to pay the incremental costs of providing municipal services incurred as a result of the creation of the zone or the development or redevelopment of the land in the zone, regardless of whether the costs of those services are identified in the project plan or reinvestment zone financing plan for the zone.

(3)iiInsert the following appropriately numbered section of the bill and renumber the subsequent sections of the bill accordingly:

SECTION __.iiSection 311.013, Tax Code, is amended by amending Subsection (b) and adding Subsections (l) and (m) to read as follows:

(b)iiEach taxing unit shall pay into the tax increment fund for the zone an amount equal to the tax increment produced by the unit, less the sum of:

(1)iiproperty taxes produced from the tax increments that are, by contract executed before the designation of the area as a reinvestment zone, required to be paid by the unit to another political subdivision; and

(2)iifor a taxing unit other than the municipality that created the zone, a portion, not to exceed 15 percent, of the tax increment produced by the unit as provided by the reinvestment zone financing plan or a larger portion as provided by Subsection (f).

(l)iiThe governing body of a municipality that designates an area as a reinvestment zone may determine in the designating ordinance adopted under Section 311.003 or in the ordinance adopted under Section 311.011 approving the reinvestment zone financing plan for the zone the portion of the tax increment produced by the municipality that the municipality is required to pay into the tax increment fund for the zone. If a municipality does not determine the portion of the tax increment produced by the municipality that the municipality is required to pay into the tax increment fund for a reinvestment zone, the municipality is required to pay into the fund for the zone the entire tax increment produced by the municipality, except as provided by Subsection (b)(1).

(m)iiThe governing body of a municipality that is located in a county with a population of more than 1.4 million but less than 2.1 million or in a county with a population of 3.3 million or more by ordinance may reduce the portion of the tax increment produced by the municipality that the municipality is required to pay into the tax increment fund for the zone. The municipality may not reduce under this subsection the portion of the tax increment produced by the municipality that the municipality is required to pay into the tax increment fund for the zone unless the municipality provides each county that has entered into an agreement with the municipality to pay all or a portion of the county's tax increment into the fund an opportunity to enter into an agreement with the municipality to reduce the portion

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4297

Amendment No. 2 was adopted.

LEAVE OF ABSENCE GRANTED

The following member was granted leave of absence temporarily for today to attend a meeting of the conference committee on HB 7 and SB 5:

Rose on motion of Hopson.

CSSB 771 - (consideration continued)

Amendment No. 3

Representative Puente offered the following amendment to CSSBi771:

CSSB 771 is amended in Section 1 of the bill, in amended Section 311.005(a), Tax Code, by striking Section 311.005(a)(2) (page 2, lines 6-9), substituting the following, and renumbering the remaining subdivisions of Subsection (a) accordingly:

[(2) be predominantly open and,

Amendment No. 3 was withdrawn.

CSSB 771, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

CSSB 806 ON SECOND READING
(Swinford - House Sponsor)

CSSB 806, A bill to be entitled An Act relating to appointed members of the State Soil and Water Conservation Board.

CSSBi806 was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

SB 821 ON SECOND READING
(Hamric - House Sponsor)

SB 821, A bill to be entitled An Act relating to an administrative cost for the enforcement of the collection of tolls in certain counties.

4298 79th LEGISLATURE — REGULAR SESSION

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Callegari, Representative Hamric offered the following committee amendment to SBi821:

Amend SB 821 as follows:

1. After SUBSECTION 1, page 1, line 18, insert new SECTION 2 as follows:

SECTION 2. Section 284.2031, Transportation Code, is amended by amending Subsection (c) and adding Subsection (d) to read as follows:

(c) In a county with a population of 3.3 million or more, money [Money] collected under Subsection (a) shall be deposited in the county treasury in a special fund to be administered by the county attorney or district attorney. Expenditures from this fund shall be at the sole discretion of the attorney and may be used only to defray the salaries and expenses of the prosecutor's office, but in no event may the county attorney or district attorney supplement his or her own salary from this fund.

(d) In a county with a population of less than 3.3 million, money collected under Subsection (a) shall be deposited in the general fund of the county.

2. Renumber the subsequent Sections accordingly.

Amendment No. 1 was adopted.

A record vote was requested.

SB 821, as amended, failed to pass to third reading by (Record 795): 32 Yeas, 91 Nays, 7 Present, not voting.

Yeas — Blake; Brown, B.; Brown, F.; Callegari; Corte; Crownover; Davis, J.; Delisi; Denny; Geren; Hamilton; Hamric; Hochberg; Isett; Kolkhorst; Laney; McClendon; Menendez; Morrison; Mowery; Orr; Otto; Peña; Pitts; Reyna; Seaman; Smith, W.; Smithee; Vo; West; Wong; Woolley.

Nays — Allen, A.; Allen, R.; Alonzo; Anchia; Anderson; Bailey; Baxter; Berman; Bohac; Branch; Burnam; Campbell; Casteel; Castro; Chavez; Coleman; Cook, B.; Cook, R.; Crabb; Davis, Y.; Dawson; Deshotel; Driver; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Escobar; Farabee; Farrar; Flynn; Frost; Gallego; Gattis; Gonzales; Gonzalez Toureilles; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Haggerty; Hardcastle; Hegar; Herrero; Homer; Hope; Hopson; Hunter; Hupp; Jones, D.; Jones, J.; Keel(C); Keffer, B.; King, T.; Kuempel; Laubenberg; Leibowitz; Luna; Martinez; Martinez Fischer; McReynolds; Merritt; Moreno, P.; Naishtat; Nixon; Noriega, M.; Paxton; Phillips; Pickett; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Smith, T.; Solis; Strama; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Uresti; Van Arsdale; Veasey; Villarreal.

Present, not voting — Mr. Speaker; Bonnen; Hilderbran; Howard; Jackson; Madden; Miller.

Absent, Excused — Hodge.

Absent, Excused, Committee Meeting — Giddings; Rose; Solomons; Zedler.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4299

Absent — Chisum; Dukes; Flores; Harper-Brown; Hartnett; Hill; Hughes; Keffer, J.; King, P.; Krusee; McCall; Oliveira; Olivo; Straus.

STATEMENTS OF VOTE

I was shown voting no on Record No. 795. I intended to vote yes.

Edwards

When Record No. 795 was taken, I was in the house but away from my desk. I would have voted no.

Harper-Brown

When Record No. 795 was taken, I was in the house but away from my desk. I would have voted no.

Olivo

CSSB 874 ON SECOND READING
(Hupp - House Sponsor)

CSSB 874, A bill to be entitled An Act relating to quality-of-care monitoring visits to long-term care facilities.

CSSBi874 was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Herrero and Leibowitz recorded voting no.)

SB 1044 ON SECOND READING
(Eiland - House Sponsor)

SB 1044, A bill to be entitled An Act relating to efforts by coastal counties to mitigate coastal erosion and improve public access to public beaches; authorizing the issuance of bonds by coastal counties.

Amendment No. 1

Representative Eiland offered the following amendment to SBi1044:

Amend SB 1044 (House Committee Printing) as follows:

(1) In SECTION 2 of the bill, in added Section 33.653, Natural Resources Code (page 4, lines 13-14), strike Subsection (b) and substitute the following:

(b) The fund consists of:

(1) gifts and grants; and

(2) appropriations of money to the fund by the legislature.

(2) In SECTION 2 of the bill, in added Section 33.654, Natural Resources Code (page 4, line 26, through page 5, line 4), strike Subsection (a) and substitute the following:

(a) The coastal protection and improvement fund shall be used only to make a qualified payment to a coastal county sponsoring a qualified project under this subchapter.

(3) In SECTION 2 of the bill, in added Section 33.654, Natural Resources Code (page 5, lines 13-22), strike Subsections (d) and (e).

4300 79th LEGISLATURE — REGULAR SESSION

(4) In SECTION 2 of the bill, in added Subsection (b), Section 33.655, Natural Resources Code (page 5, line 27), strike "or equalization payment under Section 33.659".

(5) In SECTION 2 of the bill, in Section 33.656, Natural Resources Code (page 6, line 4), strike "(a)".

(6) In SECTION 2 of the bill, in added Subdivision (5), Subsection (a), Section 33.656, Natural Resources Code (page 6, line 15), strike "except as provided by Subsection (b),".

(7) In SECTION 2 of the bill, in added Section 33.656, Natural Resources Code (page 6, lines 17-18), strike Subsection (b).

(8) In SECTION 2 of the bill, strike added Section 33.659, Natural Resources Code (page 8, line 12, through page 9, line 1), and renumber subsequent sections in added Subchapter I, Natural Resources Code, accordingly.

(9) Strike SECTION 3 of the bill (page 11, line 15, through page 12, line 12) and renumber subsequent SECTIONS of the bill accordingly.

(10) In SECTION 4 of the bill (page 12, line 13), strike "The Commissioner" and substitute "To the extent money is available, the Commissioner".

Amendment No. 1 was adopted.

SB 1044, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

SB 1055 ON SECOND READING
(J. Davis - House Sponsor)

SB 1055, A bill to be entitled An Act relating to an alternative method of satisfying certain licensing requirements for assisted living facilities.

Amendment No. 1

Representative J. Davis offered the following amendment to SBi1055:

Amend SB 1055 (House Committee Report) by inserting the following SECTION and renumbering subsequent SECTIONS accordingly:

SECTIONi____.iiSubchapter D, Chapter 247, Health and Safety Code, is amended by adding Section 247.069 to read as follows:

Sec.i247.069.iiCONSUMER CHOICE FOR ASSISTED LIVING IN COMMUNITY CARE PROGRAMS. The community based alternatives program and the residential care programs, which provide an assisted living option to consumers, shall provide a consumer the opportunity to choose an assisted living facility that meets the department's licensing standards relating to facility construction without regard to the number of units in the facility, if:

(1)iiconsumers are advised of all other community care options; and

(2)iithe facility:

(A)iihas never been licensed by the department as anything other than an assisted living facility;

(B)iiis not physically connected to a skilled nursing facility;

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4301

(C)iiwas constructed before September 1, 2005; and

(D)iiotherwise meets all other community care program standards.

Amendment No. 1 was adopted.

Amendment No. 2

Representative J. Davis offered the following amendment to SBi1055:

Amend SB 1055 (House Committee printing) as follows:

(1)iiInsert the following appropriately numbered SECTIONS and renumber the subsequent SECTIONS accordingly:

SECTIONi___.ii(a) The Health and Human Services Commission shall convene a workgroup composed of providers, consumer advocates, building inspectors, fire marshals, and other individuals as appropriate to study state laws relating to the delivery of personal care services to four or more persons who are unrelated to the proprietor in settings that are not licensed as assisted living facilities, but are instead settings where residents receive personal care services through one or more home and community support services agencies. The workgroup shall consider:

(1)iistate licensing laws;

(2)iithe nature, extent, and differences of consumer needs and preferences;

(3)iithe qualifications of persons authorized to provide personal care services; and

(4)iithe settings in which personal care services are provided, including the life safety codes applicable to those settings.

(b)iiNot later than December 1, 2006, the workgroup, with the assistance of the Health and Human Services Commission, shall prepare and deliver a report and make recommendations on the issues studied to the governor, the lieutenant governor, and the speaker of the house of representatives.

(c)iiNotwithstanding any other law, the Department of Aging and Disability Services and the attorney general may not initiate or continue any action or investigation that seeks to enjoin or otherwise impose any sanction against a person for operating an assisted living facility without a license if the person offers personal care services to four or more persons who are unrelated to the proprietor in a setting that is not licensed as an assisted living facility, but is instead a setting where residents receive personal care services through one or more home and community support services agencies.

(d)iiThis section expires September 1, 2007.

SECTIONi___.iiNot later than June 1, 2007, the Department of Aging and Disability Services shall accept an accreditation survey and implement the procedures required by Section 247.032, Health and Safety Code, as added by this Act.

(2)iiStrike SECTION 2 of the bill and substitute the following:

SECTIONi___.iiThis Act takes effect September 1, 2005.

4302 79th LEGISLATURE — REGULAR SESSION

Amendment No. 3

Representative J. Davis offered the following amendment to Amendment No.i2:

Amend Amendment No. 2 to SB 1055 by Davis of Harris by striking page 1, line 4 through page 2, line 8, and substituting the following:

SECTIONi___.ii(a) The Health and Human Services Commission shall convene a workgroup composed of providers, consumer advocates, building inspectors, fire marshals, and other individuals as appropriate to study state laws relating to the delivery of personal care services to four or more persons who are unrelated to the proprietor in settings that are not licensed as assisted living facilities, but are instead settings where one or more residents receive personal care services through one or more home and community support services agencies. The purpose of the study is to perform a comprehensive review of the changing environment in the personal care services delivery system to determine if changes in state licensing and regulation are warranted, and if so, what changes should be considered. The workgroup shall consider, among other things:

(1)iistate licensing laws;

(2)iithe nature, extent, and differences of consumer needs and preferences;

(3)iithe qualifications of persons authorized to provide personal care services; and

(4)iithe settings in which personal care services are provided, including the life safety codes applicable to those settings.

(b)iiNot later than December 1, 2006, the workgroup, with the assistance of the Health and Human Services Commission, shall prepare and deliver a report and make recommendations on the issues studied to the governor, the lieutenant governor, and the speaker of the house of representatives.

(c)iiThis section expires February 1, 2007.

Amendment No. 3 was adopted.

Amendment No. 2, as amended, was adopted.

SB 1055, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Herrero and Leibowitz recorded voting no.)

SB 1074 ON SECOND READING
(Callegari - House Sponsor)

SB 1074, A bill to be entitled An Act relating to the authority of the Department of Public Safety of the State of Texas or the public safety director to adopt rules in connection with commercial motor vehicles.

Amendment No. 1

Representative Callegari offered the following amendment to SBi1074:

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4303

Amend SB 1074 by adding the following appropriately numbered section to the bill and renumbering existing sections accordingly:

SECTIONi____.iiSubsection (a), Section 644.002, Transportation Code, is amended to read as follows:

(a)iiA federal motor carrier safety regulation prevails over a conflicting provision of this title applicable to a commercial vehicle operated in interstate commerce. A [chapter or a] rule adopted by the director under this chapter prevails over a conflicting provision of a federal motor carrier safety regulation applicable to a commercial vehicle operated in intrastate commerce.

Amendment No. 1 was adopted.

SB 1074, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

SB 1149 ON SECOND READING
(Eiland - House Sponsor)

SB 1149, A bill to be entitled An Act relating to the electronic transmission of health benefit information between a health benefit plan issuer and a physician or health care provider.

(Krusee in the chair)

Amendment No. 1

Representative Eiland offered the following amendment to SB 1149:

Amend SB 1149 (house committee printing) in SECTION 1 of the bill as follows:

(1)iiIn added Section 1274.001, Insurance Code (page 1, between lines 13 and 14), add the following new Subdivision (2) and renumber subdivisions appropriately:

(2)ii"Health benefit plan" means a group, blanket, or franchise insurance policy, a certificate issued under a group policy, a group hospital service contract, or a group subscriber contract or evidence of coverage issued by a health maintenance organization that provides benefits for health care services. The term does not include:

(A)iiaccident-only or disability income insurance coverage or a combination of accident-only and disability income insurance coverage;

(B)iicredit-only insurance coverage;

(C)iidisability insurance coverage;

(D)iicoverage only for a specified disease or illness;

(E)iiMedicare services under a federal contract;

(F)iiMedicare supplement and Medicare Select policies regulated in accordance with federal law;

(G)iilong-term care coverage or benefits, nursing home care coverage or benefits, home health care coverage or benefits, community-based care coverage or benefits, or any combination of those coverages or benefits;

4304 79th LEGISLATURE — REGULAR SESSION

(H)iicoverage that provides limited-scope dental or vision benefits;

(I)iicoverage provided by a single service health maintenance organization;

(J)iicoverage issued as a supplement to liability insurance;

(K)iiworkers' compensation insurance coverage or similar insurance coverage;

(L)iiautomobile medical payment insurance coverage;

(M)iia jointly managed trust authorized under 29 U.S.C. Section 141 et seq. that contains a plan of benefits for employees that is negotiated in a collective bargaining agreement governing wages, hours, and working conditions of the employees that is authorized under 29 U.S.C. Section 157;

(N)iihospital indemnity or other fixed indemnity insurance coverage;

(O)iireinsurance contracts issued on a stop-loss, quota-share, or similar basis;

(P)iiliability insurance coverage, including general liability insurance and automobile liability insurance coverage; or

(Q)iicoverage that provides other limited benefits specified by federal regulations.

(2)iiIn added Section 1274.002, Insurance Code (page 3, line 11), between "STATUS." and "Each", insert "(a)".

(3)iiIn added Section 1274.002, Insurance Code (page 4, between lines 9 and 10), insert Subsection (b) to read as follows:

(b)iiInformation required to be made available under this section may be made available only to a participating provider who is authorized under state and federal law to receive personally identifiable information on an enrollee or dependent.

Amendment No. 1 was adopted.

Amendment No. 2

Representative Eiland offered the following amendment to SBi1149:

Amend SB 1149 (house committee printing) in SECTION 1 of the bill as follows:

(1)iiIn added Chapter 1274, Insurance Code (page 3, between lines 9 and 10), insert the following new section:

Sec.i1274.0015.iiEXEMPTION. This chapter does not apply to a single-service health maintenance organization that provides coverage only for dental or vision benefits.

(2)iiIn added Section 1274.002, Insurance Code (page 3, lines 14-16), strike "and sufficient for the provider to determine at the time of an enrollee's visit information".

Amendment No. 2 was adopted.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4305

SB 1149, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

SB 1271 ON SECOND READING
(Eiland - House Sponsor)

SB 1271, A bill to be entitled An Act relating to fees for licenses issued by the Parks and Wildlife Department.

SBi1271 was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Laubenberg recorded voting no.)

SB 1297 ON SECOND READING
(Talton - House Sponsor)

SB 1297, A bill to be entitled An Act relating to the elements of the criminal offense of discharging used oil into water in the state.

Amendment No. 1

Representative Hilderbran offered the following amendment to SBi1297:

Amend SB 1297 (house committee printing) as follows:

(1) Strike the recital to SECTION 2 of the bill (page 1, lines 19 and 20) and substitute the following:

SECTION 2. Section 7.176, Water Code, is amended by amending Subsection (a) and adding Subsection (e) to read as follows:

(2) In SECTION 2 of the bill, immediately following amended Section 7.176(a), Water Code (page 3, between lines 5 and 6), insert the following:

(e) For purposes of this section and Section 11.086, "surface water" means any water resulting from precipitation or from naturally or artificially produced groundwater as the water flows on the surface of the earth in sheet flow or in a natural or manmade conveyance until the water evaporates, flows in to a bay, estuary, sea, or ocean, or returns underground by recharge, absorption, or other natural means.

Amendment No. 1 was adopted.

SB 1297, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Herrero and Leibowitz recorded voting no.)

SB 1426 ON SECOND READING
(Riddle and Solis - House Sponsors)

SB 1426, A bill to be entitled An Act relating to fees charged to persons applying for the expunction of certain offenses committed by minors.

4306 79th LEGISLATURE — REGULAR SESSION

SBi1426 was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

CSSB 1433 ON SECOND READING
(Rodriguez - House Sponsor)

CSSB 1433, A bill to be entitled An Act relating to the conditions of employment for firefighters employed by certain districts and entities; providing penalties.

Amendment No. 1

Representative Martinez offered the following amendment to CSSBi1433:

Amend CSSB 1433 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION __. Section 143.005, Local Government Code, is amended to read as follows:

Sec. 143.005. STATUS OF EMPLOYEES IF CHAPTER ADOPTED.

(a) Each fire fighter or police officer serving in a municipality that adopts this chapter and who has been in the service of the municipality for more than six months at the time this chapter is adopted and who is entitled to civil service classification has the status of a civil service employee and is not required to take a competitive examination to remain in the position the person occupies at the time of the adoption.

(b) Emergency medical services personnel who work in the fire department or another municipal department of a municipality that has adopted this chapter, and whose primary duties are to provide emergency medical services, are considered to be members of the fire department performing fire medical emergency technology who are fire fighters entitled to civil service protection. Such emergency medical services personnel shall not be considered members of the fire fighters' bargaining unit in a municipality that has adopted Chapter 174. Such personnel who have been in the service of the municipality for six months on the later of the date this chapter is adopted, or this subsection is added by amendment, have the status of civil service employees and are not required to take a competitive examination to remain in the positions they occupy on that date.

(c) "Emergency medical services personnel" as used in this Section has the meaning assigned by Health and Safety Code Section 773.003. The term applies only to individuals certified under Chapter 773, Health and Safety Code.

(d) If emergency medical services personnel covered by this Chapter work in a municipal department other than the fire department, the department head of such other municipal department will be appointed in accordance with Section 143.013, and will have all duties assigned to the department head by this Chapter.

Amendment No. 1 was adopted.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4307

CSSB 1433, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Keel recorded voting no.)

SB 1507 ON SECOND READING
(Peña - House Sponsor)

SB 1507, A bill to be entitled An Act relating to the introduction of certain evidence in the sentencing phase of a capital felony case.

SBi1507 was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

SB 1686 ON SECOND READING
(Hardcastle - House Sponsor)

SB 1686, A bill to be entitled An Act relating to the interagency work group on rural issues.

SBi1686 was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

SB 747 ON SECOND READING
(Luna - House Sponsor)

SB 747, A bill to be entitled An Act relating to establishing a demonstration project for women's health care services.

Amendment No. 1

On behalf of Representative Chisum, Representative Luna offered the following amendment to SBi747:

Amend SB 747 (House Committee Report) in SECTION 1 of the bill, in proposed Section 32.0248(a)(4), Human Resources Code (page 4, line 1), between "methods" and ", except" by inserting "emphasizing the health benefits of abstinence from sexual activity to recipients who are not married".

Amendment No. 1 was adopted.

SB 747, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: A. Allen, Harper-Brown, Laubenberg, and Phillips recorded voting no.)

4308 79th LEGISLATURE — REGULAR SESSION

SB 1772 ON SECOND READING
(Reyna - House Sponsor)

SB 1772, A bill to be entitled An Act relating to the validation and confirmation of the boundaries and acts of Dallas County Water Control and Improvement District No. 6.

Amendment No. 1 (Committee Amendment No. 1)

On behalf of Representative Puente, Representative Reyna offered the following committee amendment to SBi1772:

Amend SB 1772 by striking SECTION 6 of the bill (Senate engrossment, page 15, lines 9-10) and substituting the following:

SECTIONi6.iiNO ADDITIONAL POWERS OR DUTIES; RETAIL WATER UTILITY SERVICE. (a) This Act does not grant any additional powers or duties to the district.

(b)iiThe district may not provide additional retail water utility service in the corporate boundaries of the City of Mesquite other than the service provided on the effective date of this Act without obtaining the city's consent.

Amendment No. 1 was adopted.

SB 1772, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

SB 1878 ON SECOND READING
(Reyna - House Sponsor)

SB 1878, A bill to be entitled An Act relating to validating actions of and amending assessments imposed by the Falcon's Lair Utility and Reclamation District, of Dallas County, Texas.

SB 1878 - POINT OF ORDER

Representative Dunnam raised a point of order against further consideration of SB 1878 under Rule 4, Section 9 and Rule 4, Section 18(a) of the House Rules on the grounds that the committee met while the house was in session without permission.

(Nixon in the chair)

The chair sustained the point of order.

The ruling precluded further consideration of SB 1878.

MEMORANDUM BY REPRESENTATIVE DUNNAM

The minutes for the May 19, 2005, meeting of the House Committee on Natural Resources state, "the House Committee on Natural Resources met in a formal meeting and was called to order by the chair, Representative Puente, at 2:40 p.m." House Natural Resources Committee Minutes 1, 79th Legislature, Regular Session (May 19, 2005).

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4309

The house recessed on May 19, 2005, at 2:45 p.m. House Journal, page 3679 (79th Legislature).

Therefore, either (a) the House Committee on Natural Resources met while the house was in session and violated Rule 4, Section 9, or (b) the minutes for the May 19, 2005, meeting of the House Committee on Natural Resources inaccurately state the time that the meeting began, thus violating Rule 4, Section 18(a).

For the foregoing reasons the point of order should be sustained.

LEAVE OF ABSENCE GRANTED

The following member was granted leave of absence for the remainder of today because of important business in the district:

Castro on motion of Chavez.

POSTPONED BUSINESS

The following bills were laid before the house as postponed business:

SB 244 ON SECOND READING
(Orr - House Sponsor)

SB 244, A bill to be entitled An Act relating to priority of payment relating to property owners' association assessments.

SB 244 was read second time earlier today, postponed until 3:30 p.m., and was again postponed until this time.

SB 244 - POINT OF ORDER

Representative Harper-Brown raised a point of order against further consideration of SB 244 under Rule 4, Section 33 of the House Rules on the grounds that the committee report for the bill does not contain a fiscal note.

The chair sustained the point of order.

The ruling precluded further consideration of SB 244.

SB 1710 ON SECOND READING
(Bonnen - House Sponsor)

SB 1710, A bill to be entitled An Act relating to outdoor burning under the Texas Clean Air Act.

Amendment No. 1

Representative Veasey offered the following amendment to SBi1710:

Amend SB 1710 in SECTION 1 of the bill, in proposed Paragraph (A), Subdivision (2), Subsection (b), Section 382.018, Health and Safety Code (page 1, line 18), between "standards" and the semicolon, by inserting "and that does not contain any part of a city that does not meet national ambient air quality standards".

Amendment No. 1 was adopted.

4310 79th LEGISLATURE — REGULAR SESSION

Amendment No. 2

Representative Hughes offered the following amendment to SBi1710:

Amend SB 1710 (House committee printing) as follows:

(1)iiIn SECTION 1 of the bill, in amended Subsection (a), Section 382.018, Health and Safety Code (page 1, line 7), strike "The" and substitute "Except as provided by Subsections (b) and (d), the [The]".

(2)iiIn SECTION 1 of the bill, after added Subsection (c), Section 382.018, Health and Safety Code (page 2, between lines 2 and 3), insert the following:

(d)iiThe commission may not control or prohibit outdoor burning of waste consisting of trees, brush, grass, leaves, branch trimmings, or other plant growth if:

(1)iithe person burning the waste is doing so at a site:

(A)iidesignated for consolidated burning of waste generated from specific residential properties;

(B)iilocated in a county with a population of less than 50,000;

(C)iilocated outside of a municipality; and

(D)iisupervised at the time of the burning by an employee of a fire department who is part of the fire protection personnel, as defined by Section 419.021, Government Code, of the department and is acting in the scope of the person's employment; and

(2)iithe waste was generated from a property for which the site is designated.

(e)iiA fire department employee who will supervise a burning under Subsection (d)(1)(D) shall notify the commission of each burning supervised by the employee, and the commission shall provide the employee with information on practical alternatives to burning.

Amendment No. 2 was adopted.

Amendment No. 3

Representative Burnam offered the following amendment to SBi1710:

Amend SB 1710 (House committee printing) by striking page 1, line 22 through page 2, line 2.

Representative Bonnen moved to table Amendment No. 3.

A record vote was requested.

The motion to table prevailed by (Record 796): 102 Yeas, 28 Nays, 3 Present, not voting.

Yeas — Allen, R.; Anchia; Anderson; Baxter; Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chavez; Chisum; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Deshotel; Driver; Eiland; Eissler; Elkins; Farabee; Flynn; Frost; Gallego; Gattis; Geren; Gonzalez Toureilles; Goolsby; Griggs; Grusendorf; Guillen; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Hochberg; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Keel; Keffer, B.; Keffer, J.; King, P.; Kolkhorst;

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4311

Nays — Allen, A.; Alonzo; Burnam; Coleman; Dukes; Dunnam; Dutton; Farrar; Flores; Gonzales; Goodman; Herrero; Jones, J.; Leibowitz; Martinez; Martinez Fischer; McClendon; Naishtat; Noriega, M.; Olivo; Peña; Rodriguez; Solis; Thompson; Uresti; Veasey; Villarreal; Vo.

Present, not voting — Mr. Speaker; Nixon(C); Quintanilla.

Absent, Excused — Castro; Hodge.

Absent, Excused, Committee Meeting — Giddings; Rose; Solomons; Zedler.

Absent — Bailey; Davis, Y.; Edwards; Escobar; Haggerty; King, T.; Menendez; Moreno, P.; Seaman; Truitt.

STATEMENT OF VOTE

I was shown voting no on Record No. 796. I intended to vote yes.

Peña

Amendment No. 4

Representative Burnam offered the following amendment to SBi1710:

Amend SB 1710 by striking the word "shall" in line 12, and replacing with word the "may".

Representative Bonnen moved to table Amendment No. 4.

(Zedler now present)

A record vote was requested.

The motion to table prevailed by (Record 797): 107 Yeas, 25 Nays, 3 Present, not voting.

Yeas — Allen, R.; Anderson; Bailey; Baxter; Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chavez; Chisum; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Deshotel; Driver; Eiland; Eissler; Elkins; Farabee; Farrar; Flynn; Frost; Gattis; Geren; Gonzalez Toureilles; Goolsby; Griggs; Grusendorf; Guillen; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Keel; Keffer, B.; Keffer, J.; King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Luna; Madden; McCall; McReynolds; Merritt; Miller; Morrison; Oliveira; Orr; Otto; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Raymond; Reyna; Riddle; Ritter; Smith, T.; Smith, W.; Smithee; Solis; Strama; Straus; Swinford; Talton; Taylor; Truitt; Turner; Uresti; Van Arsdale; West; Wong; Woolley; Zedler.

4312 79th LEGISLATURE — REGULAR SESSION

Nays — Allen, A.; Alonzo; Anchia; Burnam; Coleman; Davis, Y.; Dukes; Dunnam; Flores; Gallego; Gonzales; Herrero; Hochberg; Jones, J.; Leibowitz; Martinez; Martinez Fischer; McClendon; Naishtat; Noriega, M.; Olivo; Rodriguez; Thompson; Veasey; Villarreal.

Present, not voting — Mr. Speaker; Nixon(C); Quintanilla.

Absent, Excused — Castro; Hodge.

Absent, Excused, Committee Meeting — Giddings; Rose; Solomons.

Absent — Dutton; Edwards; Escobar; Goodman; Menendez; Moreno, P.; Mowery; Seaman; Vo.

A record vote was requested.

SB 1710, as amended, was passed to third reading by (Record 798): 118 Yeas, 16 Nays, 4 Present, not voting.

Yeas — Allen, R.; Anderson; Bailey; Baxter; Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Callegari; Campbell; Casteel; Chavez; Chisum; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel; Driver; Dunnam; Dutton; Eiland; Eissler; Elkins; Farabee; Flynn; Frost; Gallego; Gattis; Geren; Gonzales; Gonzalez Toureilles; Goolsby; Griggs; Grusendorf; Guillen; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Keel; Keffer, B.; Keffer, J.; King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Luna; Madden; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Morrison; Mowery; Noriega, M.; Oliveira; Orr; Otto; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Raymond; Reyna; Riddle; Ritter; Smith, T.; Smith, W.; Smithee; Solis; Strama; Straus; Swinford; Talton; Taylor; Truitt; Turner; Uresti; Van Arsdale; Veasey; Villarreal; Vo; West; Wong; Woolley; Zedler.

Nays — Allen, A.; Alonzo; Anchia; Burnam; Coleman; Edwards; Farrar; Goodman; Herrero; Hochberg; Leibowitz; Martinez; Naishtat; Olivo; Rodriguez; Thompson.

Present, not voting — Mr. Speaker; Jones, J.; Nixon(C); Quintanilla.

Absent, Excused — Castro; Hodge.

Absent, Excused, Committee Meeting — Giddings; Rose; Solomons.

Absent — Brown, F.; Dukes; Escobar; Flores; Moreno, P.; Seaman.

SB 1740 ON SECOND READING
(Bonnen - House Sponsor)

SB 1740, A bill to be entitled An Act relating to construction activities allowed while an application is pending with the Texas Commission on Environmental Quality.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4313

Amendment No. 1

Representative Bonnen offered the following amendment to SBi1740:

Amend SB 1740 (House Committee Printing) by inserting the following appropriately numbered new SECTION and renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi_____.iiSection 382.05195, Health and Safety Code, is amended by adding Subsection (j) to read as follows:

(j)iiIf a standard permit for a facility requires a distance, setback, or buffer from other property or structures as a condition of the permit, the determination of whether the distance, setback, or buffer is satisfied shall be made on the basis of conditions existing at the earlier of:

(1)iithe date construction begins on the facility; or

(2)iithe date any application or notice of intent is first filed with the commission to obtain approval for the construction or operation of the facility.

Amendment No. 1 was adopted.

SB 1740, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: A. Allen, Leibowitz, and Thompson recorded voting no.)

CSSB 9 ON SECOND READING
(Corte - House Sponsor)

CSSB 9, A bill to be entitled An Act relating to homeland security; providing a penalty.

Amendment No. 1

Representative Corte offered the following amendment to CSSBi9:

Amend CSSB 9 (House Committee Printing) as follows:

(1)iiIn SECTION 11 of the bill, in added Section 421.095(1)(C)(i), Government Code (page 6, line 13), between "Protection" and the semicolon, insert "or by the State Firemen's and Fire Marshals' Association of Texas".

(2)iiIn SECTION 13 of the bill, in added Subsection (a-1), Section 791.006, Government Code (page 8, line 16), strike "the services of a fire department" and substitute "fire or emergency services".

Amendment No. 1 was adopted.

Amendment No. 2

Representative Corte offered the following amendment to CSSBi9:

Amend CSSB 9 (House Committee Printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi__.iiSection 421.026, Government Code, is amended to read as follows:

4314 79th LEGISLATURE — REGULAR SESSION

Sec.i421.026.iiREPORT.iiThe council shall annually submit to the governor, the lieutenant governor, and the speaker of the house of representatives a report stating:

(1)iithe council's progress in developing and coordinating a statewide critical infrastructure protection strategy;

(2)iithe status and funding of state programs designed to detect and deter homeland security emergencies, including the status and funding of counterterrorism efforts;

(3)iirecommendations on actions to reduce threats to homeland security, including threats related to terrorism; and

(4)iirecommendations for improving the alert, response, and recovery capabilities of state and local agencies.

SECTIONi__.iiChapter 421, Government Code, is amended by adding Subchapter B-1 to read as follows:

SUBCHAPTER B-1. PERMANENT SPECIAL ADVISORY COMMITTEES

Sec.i421.041.iiFIRST RESPONDER ADVISORY COUNCIL.ii(a) The First Responder Advisory Council is a permanent special advisory committee created to advise the governor or the governor's designee on homeland security issues relevant to first responders, radio interoperability, the integration of statewide exercises for hazards, and the related use of available funding.

(b)iiThe council is composed of:

(1)iione representative for each of the following sectors of the state, appointed by the governor or the governor's designee:

(A)iilaw enforcement;

(B)iifirefighters;

(C)iiprivate first responders; and

(D)iiemergency medical services; and

(2)iiother members, as determined by the governor or the governor's designee.

Sec.i421.042.iiPRIVATE SECTOR ADVISORY COUNCIL. (a) The Private Sector Advisory Council is a permanent special advisory committee created to advise the governor or the governor's designee on homeland security issues relevant to the private sector.

(b)iiThe council is composed of:

(1)iione representative of a private organization or entity for each of the following sectors of the state, each appointed by the governor or the governor's designee:

(A)iiagriculture and food;

(B)iibanking and finance;

(C)iichemicals and hazardous materials;

(D)iithe defense industry;

(E)iienergy;

(F)iiemergency services;

(G)iiinformation technology;

(H)iitelecommunications;

(I)iipostal and shipping;

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4315

(J)iipublic health;

(K)iitransportation;

(L)iiports and waterways; and

(M)iinational monuments and icons; and

(2)iiother members, as determined by the governor or the governor's designee.

Sec.i421.043.iiELIGIBILITY.ii(a) To be eligible for appointment as a member of a permanent special advisory committee created under this subchapter, a person must demonstrate experience in the sector that the person is under consideration to represent and be directly involved in related policies, programs, or funding activities that are relevant to homeland security or infrastructure protection.

(b)iiEach member of a permanent special advisory committee created under this subchapter serves at the will of the governor.

Sec.i421.044.iiCOMPENSATION AND REIMBURSEMENT OF EXPENSES PROHIBITED. A person who is a member of a permanent special advisory committee created under this subchapter is not entitled to receive compensation from this state for service on the committee or travel expenses incurred by the person while conducting the business of the committee.

Sec.i421.045.iiDUTIES. Each permanent special advisory committee created under this subchapter shall advise the governor on:

(1)iithe development and coordination of a statewide critical infrastructure protection strategy;

(2)iithe implementation of the governor's homeland security strategy by state and local agencies and provide specific suggestions for helping those agencies implement the strategy;

(3)iispecific priorities related to the governor's homeland security strategy that the committee determines to be of significant importance to the statewide security of critical infrastructure; and

(4)iiother matters related to the planning, development, coordination, and implementation of initiatives to promote the governor's homeland security strategy.

SECTIONi__.iiSections 421.072(a) and (c), Government Code, are amended to read as follows:

(a)iiThe office of the governor shall:

(1)iiallocate available federal and state grants and other funding related to homeland security to state and local agencies and defense base development authorities created under Chapter 379B, Local Government Code, that perform homeland security activities;

(2)iiperiodically review the grants and other funding for appropriateness and compliance; [and]

(3)iidesignate state administering agencies to administer all grants and other funding to the state related to homeland security; and

(4)iimeasure the effectiveness of the homeland security grants and other funding.

4316 79th LEGISLATURE — REGULAR SESSION

(c)iiA state or local agency or defense base development authority that receives a grant or other funding related to homeland security must provide an annual report to the office of the governor detailing:

(1)iithe [agency's] compliance of the agency or authority with the state homeland security strategy;

(2)iiany expenditures made using the funding;

(3)iiany programs developed or implemented using the funding; and

(4)iithe manner in which any expenditures made or programs developed or implemented have improved the ability of the agency or authority to detect, deter, respond to, and recover from a terrorist attack.

SECTIONi__.iiThe governor shall make all required appointments to the First Responder Advisory Council and the Private Sector Advisory Council, in accordance with Subchapter B-1, Chapter 421, Government Code, as added by this Act, not later than December 1, 2005.

Amendment No. 2 was adopted.

Amendment No. 3

Representative Corte offered the following amendment to CSSBi9:

Amend CSSB 9 (House Committee Printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi____.iiSection 121.201(a), Utilities Code, is amended to read as follows:

(a)iiThe railroad commission by rule may:

(1)iiadopt safety standards for the transportation of gas and for gas pipeline facilities;

(1-a)iiadopt safety standards and best practices related to the prevention of damage to a gas pipeline facility resulting from the movement of earth by a person in the vicinity of the facility, including the standards and best practices described under 49 U.S.C. Section 60105 et seq.;

(2)iirequire an operator that does not file operator organization information under Section 91.142, Natural Resources Code, to provide the information to the commission in the form of an application;

(3)iirequire record maintenance and reports;

(4)iiinspect records and facilities to determine compliance with adopted safety standards;

(5)iimake certifications and reports;

(6)iiseek designation by the United States secretary of transportation as an agent to conduct safety inspections of interstate gas pipeline facilities located in this state; and

(7)iitake any other requisite action in accordance with 49 U.S.C. Section 60101 et seq., or a succeeding law.

SECTIONi____.iiSection 117.012, Natural Resources Code, is amended by adding Subsection (a-1) to read as follows:

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(a-1)iiThe commission by rule shall adopt safety standards and best practices related to the prevention of damage to an intrastate hazardous liquid or carbon dioxide pipeline facility resulting from the movement of earth by a person in the vicinity of the facility, including the standards and best practices described under 49 U.S.C. Section 60105 et seq.

Amendment No. 3 was withdrawn.

Amendment No. 4

Representative Corte offered the following amendment to CSSBi9:

Amend CSSB 9 (House Committee Printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION . Subchapter G, Chapter 756, Health and Safety Code, as added by Chapter 1082, Acts of the 78th Legislature, Regular Session, 2003, is amended by adding Section 756.106 to read as follows:

Sec. 756.106. SAFETY STANDARDS AND BEST PRACTICES. The Railroad Commission of Texas shall adopt and enforce safety standards and best practices, including those described by 49 U.S.C. Section 6105 et seq., relating to the prevention of damage by a person to a facility under the jurisdiction of the commission.

SECTION . The Railroad Commission of Texas shall adopt the safety standards and best practices required by Section 756.106, Health and Safety Code, as added by this Act, not later than June 1, 2007.

Amendment No. 4 was adopted.

Amendment No. 5

Representative Hardcastle offered the following amendment to CSSBi9:

Amend CSSB 9 as follows:

Insert the following appropriately numbered SECTION and renumber subsequent SECTIONS of the bill accordingly:

SECTION . Section 752.006, Health and Safety Code, is repealed.

Amendment No. 5 was adopted.

Amendment No. 6

Representative Raymond offered the following amendment to CSSBi9:

Amend CSSB 9 (House Committee Printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION . (a) The governor's office of homeland security shall conduct a study to evaluate the security of seaports in this state.

(b) Not later than December 1, 2006, the governor's office of homeland security shall report its findings to the:

(1) legislature;

(2) lieutenant governor;

(3) speaker of the house of representatives; and

4318 79th LEGISLATURE — REGULAR SESSION

(4) governor.

(c) The report shall include:

(1) an evaluation of the compliance of relevant entities with the requirements of the federal Maritime Transportation Security Act of 2002 (Pub. L. No. 107–295) and other federal law applicable to the security of seaports in this state, including the degree of compliance of relevant entities with any credentialing systems required by federal law;

(2) a summary of the degree to which seaports in this state have implemented security procedures to ensure that all employees and contractors receive appropriate security screening before being provided with access to port locations or sensitive information relating to ports;

(3) a summary of the degree to which seaports in this state have implemented any security fees; and

(4) an accounting of the total amount of homeland security grants and other homeland security funding that have been provided to seaports in this state for security purposes and the manner in which those funds have been spent by the recipients.

(d) This section expires September 1, 2007.

Representative Corte moved to table Amendment No. 6.

The motion to table prevailed.

CSSB 9, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

CSSB 343 ON SECOND READING
(Geren - House Sponsor)

CSSB 343, A bill to be entitled An Act relating to the regulation of the placement of water wells and the installation and maintenance of well pumps and equipment; providing a penalty.

Amendment No. 1

Representative Geren offered the following amendment to CSSBi343:

Amend CSSB 343 (House Committed Printing) as follows:

(1) On page 1, line 22, after the word "drilling" and before the word "into" insert "of a domestic well".

(2) On page 8, line 10, after the word "Code;" strike the word "and"

(3) On page 8, strike lines 11-12 and substitute the following:

(18) the installation, maintenance, alteration, or repair of well pumps and equipment in accordance with Chapter 1902; and

(19) electrical work performed on a building, structure, or equipment in agricultural use as defined by Section 11.002, Water Code, other than the processing of an agricultural commodity.

Amendment No. 1 was adopted.

A record vote was requested.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4319

CSSB 343, as amended, was passed to third reading by (Record 799): 137 Yeas, 1 Nays, 2 Present, not voting.

Yeas — Allen, A.; Allen, R.; Alonzo; Anchia; Anderson; Bailey; Baxter; Berman; Blake; Bohac; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chavez; Chisum; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Eiland; Eissler; Elkins; Escobar; Farabee; Farrar; Flynn; Frost; Gallego; Gattis; Geren; Gonzales; Gonzalez Toureilles; Goodman; Griggs; Grusendorf; Guillen; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Herrero; Hilderbran; Hill; Hochberg; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Jones, J.; Keel; Keffer, B.; Keffer, J.; King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Leibowitz; Luna; Madden; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno, P.; Morrison; Mowery; Naishtat; Noriega, M.; Oliveira; Olivo; Orr; Otto; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna; Riddle; Ritter; Rodriguez; Seaman; Smith, T.; Smith, W.; Smithee; Solis; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Uresti; Van Arsdale; Veasey; Villarreal; Vo; West; Wong; Woolley; Zedler.

Nays — Bonnen.

Present, not voting — Mr. Speaker; Nixon(C).

Absent, Excused — Castro; Hodge.

Absent, Excused, Committee Meeting — Giddings; Rose; Solomons.

Absent — Burnam; Edwards; Flores; Goolsby.

STATEMENT OF VOTE

When Record No. 799 was taken, I was in the house but away from my desk. I would have voted yes.

Edwards

SB 89 ON SECOND READING
(Denny - House Sponsor)

SB 89, A bill to be entitled An Act relating to electronically readable information on a driver's license, commercial driver's license, or personal identification certificate.

(Speaker in the chair)

Amendment No. 1

Representative Denny offered the following amendment to SBi89:

Amend SB 89 as follows:

(1)iiAdd the following appropriately numbered section to the bill and renumber the remaining sections of the bill appropriately:

SECTIONi__.iiChapter 63, Election Code, is amended by adding Section 63.0102 to read as follows:

4320 79th LEGISLATURE — REGULAR SESSION

Sec.i63.0102.iiUSE OF CERTAIN ELECTRONICALLY READABLE INFORMATION. (a) An election officer may access electronically readable information on a driver's license or personal identification card for proof of identification when determining whether a voter shall be accepted for voting.

(b)iiThe secretary of state shall prescribe any necessary procedures to implement this section.

(2)iiOn page 1, strike lines 23-24 and substitute the following:

(5)iian election officer who accesses or uses the information to determine the identity of a voter as authorized by Section 63.0102, Election Code.

Amendment No. 1 was adopted.

Amendment No. 2

Representative Denny offered the following amendment to SBi89:

Amend SB 89 (house committee printing) as follows:

(1)iiAdd the following appropriately numbered section to the bill and renumber the remaining sections appropriately:

SECTIONi__.ii(a) Chapter 62, Election Code, is amended by adding Section 62.016 to read as follows:

Sec.i62.016.iiNOTICE OF ACCEPTABLE IDENTIFICATION OUTSIDE POLLING PLACES. The presiding judge shall post in a prominent place on the outside of each polling location notice that a provisional ballot will be provided to a person who executes the appropriate affidavit and a list of the acceptable forms of photographic and nonphotographic identification. The notice and list must be printed:

(1)iiin English, Spanish, and any other language appropriate to the precinct in which the polling place is located; and

(2)iiusing a font that is at least 24 point.

(b)iiSection 63.001, Election Code, is amended by amending Subsections (b), (c), (d), and (f) and adding Subsection (g) to read as follows:

(b)iiOn offering to vote, a voter must present to an election officer at the polling place the voter's voter registration certificate and either:

(1)iione form of identification listed in Section 63.0101(a); or

(2)iitwo different forms of identification listed in Section 63.0101(b) [to an election officer at the polling place].

(c)iiOn presentation of the documentation required by Subsection (b) [a registration certificate], an election officer shall determine whether the voter's name on the registration certificate is on the list of registered voters for the precinct.

(d)iiIf the voter's name is on the precinct list of registered voters and the voter's identity can be verified from the proof presented, the voter shall be accepted for voting.

(f)iiAfter determining whether to accept a voter, an election officer shall return the voter's documentation [registration certificate] to the voter.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4321

(g)iiIf the requirements for identification prescribed by Subsection (b)(1) or (2) are not met, the voter shall be accepted for provisional voting only under Section 63.011.

(c)iiChapter 63, Election Code, is amended by adding Section 63.0012 to read as follows:

Sec.i63.0012.iiUSE OF ADDRESS ON IDENTIFICATION. (a) This section applies only to a voter who:

(1)iipresents a registration certificate;

(2)iiis on the list of registered voters for the precinct; and

(3)iiconfirms the address on the list of registered voters is current under Section 63.0011.

(b)iiIn verifying the identity of a voter described by Subsection (a) under Section 63.001, an election officer may not consider whether the voter's address on a form described by Section 63.001(b)(1) or (2) matches the voter's address on the registration certificate or the list of registered voters.

(d)iiSection 63.006(a), Election Code, is amended to read as follows:

(a)iiA voter who, when offering to vote, presents a voter registration certificate indicating that the voter is currently registered in the precinct in which the voter is offering to vote, but whose name is not on the precinct list of registered voters, shall be accepted for voting if the voter's identity can be verified from the proof presented.

(e)iiSection 63.007(a), Election Code, is amended to read as follows:

(a)iiA voter who, when offering to vote, presents a voter registration certificate indicating that the voter is currently registered in a different precinct from the one in which the voter is offering to vote, and whose name is not on the precinct list of registered voters, shall be accepted for voting if the voter's identity can be verified from the proof presented and the voter executes an affidavit stating that the voter:

(1)iiis a resident of the precinct in which the voter is offering to vote or is otherwise entitled by law to vote in that precinct;

(2)iiwas a resident of the precinct in which the voter is offering to vote at the time that information on the voter's residence address was last provided to the voter registrar;

(3)iidid not deliberately provide false information to secure registration in a precinct in which the voter does not reside; and

(4)iiis voting only once in the election.

(f)iiSection 63.008(a), Election Code, is amended to read as follows:

(a)iiA voter who does not present a voter registration certificate when offering to vote, but whose name is on the list of registered voters for the precinct in which the voter is offering to vote, shall be accepted for voting if the voter executes an affidavit stating that the voter does not have the voter's voter registration certificate in the voter's possession at the polling place at the time of offering to vote and the voter's identity can be verified from the proof presented [voter presents proof of identification in a form described by Section 63.0101].

(g)iiSection 63.0101, Election Code, is amended to read as follows:

4322 79th LEGISLATURE — REGULAR SESSION

Sec.i63.0101.iiDOCUMENTATION OF PROOF OF IDENTIFICATION. (a) The following documentation is an acceptable form [as proof] of photo identification under this chapter:

(1)iia driver's license or personal identification card issued to the person by the Department of Public Safety that has not expired or that expired no earlier than two years before the date of presentation [or a similar document issued to the person by an agency of another state, regardless of whether the license or card has expired];

(2)iia United States military identification card that contains the person's photograph [form of identification containing the person's photograph that establishes the person's identity];

(3)iia valid employee identification card that contains the person's photograph and is issued by an employer of the person in the ordinary course of the employer's business [birth certificate or other document confirming birth that is admissible in a court of law and establishes the person's identity];

(4)iia United States citizenship certificate [papers] issued to the person that contains the person's photograph;

(5)iia United States passport issued to the person;

(6)iia student identification card issued by a public or private institution of higher education that contains the person's photograph [official mail addressed to the person by name from a governmental entity];

(7)iia license to carry a concealed handgun issued to the person by the Department of Public Safety;

(8)iian identification card issued by a state agency of this state that contains the person's photograph; or

(9)iian identification card that contains the person's photograph and is issued by a county elections administrator or a county clerk.

(b)iiThe following documentation is acceptable as proof of identification under this chapter:

(1)iia copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter;

(2)iiofficial mail addressed to the person by name from a governmental entity;

(3)iia certified copy of a birth certificate or other document confirming birth that is admissible in a court of law and establishes the person's identity;

(4)iiUnited States citizenship papers issued to the person;

(5)iian original or certified copy of the person's marriage license or divorce decree;

(6)iicourt records of the person's adoption, name change, or sex change;

(7)iian identification card issued to the person by a governmental entity of this state or the United States for the purpose of obtaining public benefits, including veteran's benefits, Medicaid, or Medicare;

(8)iia temporary driving permit issued to the person by the Department of Public Safety;

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4323

(9)iia pilot's license issued to the person by the Federal Aviation Administration or another authorized agency of the United States;

(10)iia library card that contains the person's name issued to the person by a public library located in this state; or

(11)iia hunting or fishing license issued to a person by the Parks and Wildlife Department [or

[(8)iiany other form of identification prescribed by the secretary of state].

(c)iiThe commissioners court of a county may authorize the county elections administrator or the county clerk, as applicable, to issue photo identification cards that may be used as proof of a voter's identification under Subsection (a).

(h)iiSections 63.011(a) and (b), Election Code, are amended to read as follows:

(a)iiA person to whom Section 63.001(g), 63.008(b), or 63.009(a) applies may cast a provisional ballot if the person executes an affidavit stating that the person:

(1)iiis a registered voter in the precinct in which the person seeks to vote; and

(2)iiis eligible to vote in the election.

(b)iiA form for the affidavit shall be printed on an envelope in which the provisional ballot voted by the person may be placed and must include a space for entering the identification number of the provisional ballot voted by the person and a space for an election officer to indicate whether the person presented proof of identification as required by Section 63.001(b)(1) or (2). The affidavit form may include space for disclosure of any necessary information to enable the person to register to vote under Chapter 13. The secretary of state shall prescribe the form of the affidavit under this section.

(i)iiSection 65.054(b), Election Code, is amended to read as follows:

(b)iiA provisional ballot may be accepted only if:

(1)iithe board determines that, from the information in the affidavit or contained in public records, the person is eligible to vote in the election; and

(2)iithe voter presents proof of identification as required by Section 63.001(b)(1) or (2):

(A)iiat the time the ballot was cast; or

(B)iiin the period prescribed under Section 65.0541.

(j)iiSubchapter B, Chapter 65, Election Code, is amended by adding Section 65.0541 to read as follows:

Sec.i65.0541.iiPRESENTATION OF IDENTIFICATION FOR CERTAIN PROVISIONAL BALLOTS. (a) A voter who is accepted for provisional voting under Section 63.011 because the voter does not present proof of identification as required by Section 63.001(b)(1) or (2) may submit proof of identification to the voter registrar by personal delivery or by mail for examination by the early voting ballot board not later than the fifth day after the date of the election.

(b)iiThe early voting ballot board shall accept a provisional ballot under Section 65.054 if the voter:

4324 79th LEGISLATURE — REGULAR SESSION

(1)iipresents proof of identification in the manner required by this section; and

(2)iiis otherwise eligible to vote in the election.

(c)iiThe office of the voter registrar shall be open on a Saturday that falls within the five-day period described by Subsection (a) for a voter to present identification as provided under this section.

(d)iiThe secretary of state shall prescribe procedures as necessary to implement this section.

(k)iiSection 521.422, Transportation Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows:

(a)iiExcept as provided by Subsection (d), the [The] fee for a personal identification certificate is:

(1)ii$15 for a person under 60 years of age;

(2)ii$5 for a person 60 years of age or older; and

(3)ii$20 for a person subject to the registration requirements under Chapter 62, Code of Criminal Procedure.

(d)iiThe department may not collect a fee for a personal identification certificate issued to a person who executes an affidavit stating that the person is financially unable to pay the required fee and:

(1)iiwho is a registered voter in this state and presents a valid voter registration certificate; or

(2)iiwho is eligible for registration under Section 13.001, Election Code, and submits a registration application to the department.

(2)iiStrike SECTION 2 of the bill (page 2, lines 1-5) and substitute the following:

SECTIONi2.ii(a) Except as otherwise provided by 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, 2005.

(b)iiSection __ of this Act, amending Chapters 62, 63, and 65, Election Code, and Section 521.422, Transportation Code, takes effect September 1, 2005.

Amendment No. 2 - Point of Order

Representative Gallego raised a point of order against further consideration of Amendment No. 2 under Rule 11, Section 2 of the House Rules on the grounds that it is not germane to the bill.

The speaker overruled the point of order and had read the following statement:

Representatives Gallego and Turner raised a point of order against further consideration of the Denny amendment to SB 89 on the grounds that the amendment violates Rule 11, Section 2 in that it is not germane.

SB 89 contains provisions relating to Chapter 63, Election Code, which relates to the acceptance of voters who wish to participate in elections by voting. The Denny amendment also amends provisions in Chapter 63, Election Code, and because it does such, is germane to the bill.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4325

Therefore, the point of order is respectfully overruled.

(Giddings now present)

A record vote was requested.

Amendment No. 2 was adopted by (Record 800): 81 Yeas, 60 Nays, 1 Present, not voting.

Yeas — Allen, R.; Anderson; Baxter; Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chisum; Cook, B.; Corte; Crabb; Crownover; Dawson; Delisi; Denny; Driver; Eissler; Elkins; Flynn; Gattis; Goodman; Goolsby; Griggs; Grusendorf; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Hope; Howard; Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Keel; Keffer, B.; Keffer, J.; King, P.; Kolkhorst; Krusee; Kuempel; Laubenberg; Madden; McCall; Merritt; Miller; Morrison; Nixon; Orr; Otto; Paxton; Phillips; Pitts; Reyna; Riddle; Seaman; Smith, T.; Smith, W.; Straus; Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wong; Woolley; Zedler.

Nays — Allen, A.; Alonzo; Anchia; Bailey; Burnam; Chavez; Coleman; Cook, R.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland; Escobar; Farabee; Farrar; Flores; Frost; Gallego; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Herrero; Hochberg; Homer; Hopson; Jones, J.; King, T.; Laney; Leibowitz; Luna; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Moreno, P.; Naishtat; Noriega, M.; Oliveira; Olivo; Peña; Pickett; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Solis; Strama; Thompson; Turner; Uresti; Veasey; Villarreal; Vo.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Castro; Hodge.

Absent, Excused, Committee Meeting — Rose; Solomons.

Absent — Davis, J.; Mowery; Smithee.

Amendment No. 3

Representative Coleman offered the following amendment to SBi89:

Amend SB 89, as amended, by striking "September 1, 2005" and substituting "September 1, 2008".

LEAVE OF ABSENCE GRANTED

The following member was granted leave of absence temporarily for today to attend a meeting of the conference committee oniHB 7:

Giddings on motion of Turner.

SB 89 - (consideration continued)

Representative Denny moved to table Amendment No. 3.

A record vote was requested.

4326 79th LEGISLATURE — REGULAR SESSION

The motion to table prevailed by (Record 801): 80 Yeas, 60 Nays, 1 Present, not voting.

Yeas — Allen, R.; Anderson; Baxter; Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chisum; Cook, B.; Corte; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eissler; Flynn; Gattis; Goodman; Goolsby; Griggs; Grusendorf; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Hope; Howard; Hughes; Hunter; Hupp; Isett; Jackson; Keel; Keffer, B.; Keffer, J.; King, P.; Kolkhorst; Krusee; Kuempel; Laubenberg; Madden; McCall; Merritt; Miller; Morrison; Mowery; Nixon; Orr; Otto; Paxton; Phillips; Pitts; Reyna; Riddle; Seaman; Smith, T.; Smith, W.; Smithee; Straus; Talton; Taylor; Truitt; Van Arsdale; West; Wong; Woolley; Zedler.

Nays — Allen, A.; Alonzo; Anchia; Bailey; Burnam; Chavez; Coleman; Cook, R.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland; Escobar; Farabee; Farrar; Flores; Frost; Gallego; Geren; Gonzales; Gonzalez Toureilles; Guillen; Herrero; Hochberg; Homer; Hopson; Jones, D.; Jones, J.; King, T.; Laney; Leibowitz; Luna; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Moreno, P.; Naishtat; Noriega, M.; Oliveira; Olivo; Peña; Pickett; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Solis; Strama; Thompson; Turner; Uresti; Veasey; Villarreal; Vo.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Castro; Hodge.

Absent, Excused, Committee Meeting — Giddings; Rose; Solomons.

Absent — Elkins; Haggerty; Swinford.

Amendment No. 4

Representative Alonzo offered the following amendment to SBi89:

Amend SB 89 by adding the following appropriately numbered SECTION to the bill and renumbering existing SECTIONS of the bill accordingly:

SECTION . For purposes of Section 63.0101, Election Code, as amended by this Act, identity document that is issued by the government of another country is an acceptable form of a photo identification if:

(1) the identification contains the person's photograph, full name, and date of birth; and

(2) as determined by the secretary of state, the government of the other country has established reasonable mechanisms by which the agency can verify the identity document.

Representative Denny moved to table Amendment No. 4.

A record vote was requested.

The motion to table prevailed by (Record 802): 88 Yeas, 54 Nays, 1 Present, not voting.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4327

Yeas — Allen, R.; Anderson; Baxter; Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chisum; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eiland; Eissler; Elkins; Flynn; Gattis; Geren; Goodman; Goolsby; Griggs; Grusendorf; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Keffer, B.; Keffer, J.; King, P.; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Madden; McCall; Miller; Morrison; Mowery; Nixon; Orr; Otto; Paxton; Phillips; Pitts; Reyna; Riddle; Ritter; Seaman; Smith, T.; Smith, W.; Smithee; Straus; Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wong; Woolley; Zedler.

Nays — Allen, A.; Alonzo; Anchia; Bailey; Burnam; Chavez; Coleman; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Escobar; Farabee; Farrar; Flores; Frost; Gallego; Gonzales; Gonzalez Toureilles; Guillen; Haggerty; Herrero; Hochberg; Jones, J.; Keel; King, T.; Leibowitz; Luna; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Merritt; Moreno, P.; Naishtat; Noriega, M.; Oliveira; Olivo; Peña; Pickett; Puente; Quintanilla; Raymond; Rodriguez; Solis; Thompson; Turner; Uresti; Veasey; Villarreal; Vo.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Castro; Hodge.

Absent, Excused, Committee Meeting — Giddings; Rose; Solomons.

Absent — Strama.

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).

SB 89 - (consideration continued)

Amendment No. 5

Representative Anchia offered the following amendment to SBi89:

Amend SB 89 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION . (a) The county voter registrar shall issue voter registration certificates that contain a photograph of the person issued the voter registration certificate in a form prescribed by the secretary of state.

(b) The certificate issued under Subsection (a) of this section is an acceptable form of photo identification under Section 63.0101, Election Code, as amended by this Act.

Representative Denny moved to table Amendment No. 5.

A record vote was requested.

The motion to table prevailed by (Record 803): 76 Yeas, 61 Nays, 1 Present, not voting.

4328 79th LEGISLATURE — REGULAR SESSION

Yeas — Allen, R.; Anderson; Baxter; Berman; Blake; Bohac; Bonnen; Branch; Brown, F.; Callegari; Casteel; Cook, B.; Corte; Crabb; Crownover; Dawson; Delisi; Denny; Driver; Eissler; Elkins; Flynn; Gattis; Goodman; Goolsby; Griggs; Grusendorf; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Hope; Howard; Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Keel; Keffer, B.; Keffer, J.; Kolkhorst; Krusee; Kuempel; Laubenberg; Madden; McCall; Miller; Mowery; Nixon; Orr; Otto; Paxton; Phillips; Pitts; Reyna; Riddle; Seaman; Smith, W.; Smithee; Straus; Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wong; Woolley; Zedler.

Nays — Allen, A.; Alonzo; Anchia; Bailey; Burnam; Chavez; Coleman; Cook, R.; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland; Escobar; Farabee; Farrar; Flores; Frost; Gallego; Geren; Gonzales; Gonzalez Toureilles; Guillen; Herrero; Hochberg; Homer; Hopson; Jones, J.; King, T.; Laney; Leibowitz; Luna; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Merritt; Moreno, P.; Naishtat; Noriega, M.; Oliveira; Olivo; Peña; Pickett; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Smith, T.; Solis; Strama; Thompson; Turner; Veasey; Villarreal; Vo.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Castro; Hodge.

Absent, Excused, Committee Meeting — Giddings; Rose; Solomons.

Absent — Brown, B.; Campbell; Chisum; King, P.; Morrison; Uresti.

STATEMENT OF VOTE

When Record No. 803 was taken, I was in the house but away from my desk. I would have voted yes.

B. Brown

Amendment No. 6

Representative Veasey offered the following amendment to SBi89:

Amend SB 89 by adding a new appropriately numbered section to read as follows and by renumbering the existing sections as appropriate:

SECTION __. Chapter 63, Election Code, is amended by adding Section 63.0012 to read as follows:

Sec.i63.0012.iiUSE OF ADDRESS ON IDENTIFICATION. (a) This section applies only to a voter who:

(1)iipresents a registration certificate;

(2)iiis on the list of registered voters for the precinct; and

(3)iiconfirms the address on the list of registered voters is current under Section 63.0011.

(b)iiIn verifying the identity of a voter described by Subsection (a) under Section 63.001, an election officer may not consider whether the voter's address on a form described by Section 63.001(b)(1) or (2) matches the voter's address on the registration certificate or the list of registered voters.

Amendment No. 6 was adopted.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4329

Amendment No. 7

Representative Leibowitz offered the following amendment to SBi89:

Amend SB 89 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION __. The requirements contained in this Act of providing two forms of identification do not apply to a person who is 85 years of age or older.

SB 89 - STATEMENT OF LEGISLATIVE INTENT

REPRESENTATIVE HOCHBERG: I have sort of lost track of where we are and, as you remember, if you get a movement without motion on a previous question, you don't get to have a debate about it. Can you just remind me of what the original bill accomplished? I've lost track of that.

REPRESENTATIVE DENNY: The original bill requires one form of photo ID or two forms of non-photo ID off of an approved list. It also—the amendments—as the bill passed out of here—the amendments that were accepted are in the amendments I brought to you today. We didn't go back to the original bill and strip those out. They are in the amendments that we adopted here.

HOCHBERG: So, what you just described to me are the amendments that have gone on to SB 89.

DENNY: I'm sorry, what?

HOCHBERG: What you have just described to me are the amendments that have gone on to SB 89?

DENNY: Correct.

HOCHBERG: Okay, when I said original bill, what does SB 89 do?

DENNY: Oh, SB 89, I'm sorry.

HOCHBERG: I'm not sure whether I want to vote for SB 89 yet. If you could just give me a quickie on that.

DENNY: Sure. SB 89 authorized the magnetic strip on the back of a driver's license or personal ID card that's issued by DPS to access electronically readable information for governmental purposes. That ability was accidentally removed in the last legislative session in SB 1445 by the independent banker. They removed election officers from governmental purposes and this adds it back in.

HOCHBERG: So this adds it back into the list of people who are not subject to an offense if they read that information.

DENNY: Correct.

HOCHBERG: Okay, thank you.

REMARKS ORDERED PRINTED

Representative Hochberg moved to print remarks between Representative Denny and Representative Hochberg.

The motion prevailed.

4330 79th LEGISLATURE — REGULAR SESSION

(P. King in the chair)

Representative Denny moved to table Amendment No. 7.

A record vote was requested.

The motion to table was lost by (Record 804): 62 Yeas, 75 Nays, 2 Present, not voting.

Yeas — Allen, R.; Anderson; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Corte; Crabb; Crownover; Dawson; Delisi; Denny; Driver; Eissler; Elkins; Flynn; Gattis; Goodman; Grusendorf; Hamric; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Hope; Howard; Hupp; Isett; Jackson; Keel; Keffer, B.; Kolkhorst; Krusee; Kuempel; Laubenberg; Madden; Morrison; Mowery; Nixon; Orr; Otto; Paxton; Phillips; Pitts; Reyna; Riddle; Seaman; Smith, T.; Smith, W.; Straus; Swinford; Talton; Taylor; Van Arsdale; West; Wong; Woolley; Zedler.

Nays — Allen, A.; Alonzo; Anchia; Bailey; Blake; Burnam; Casteel; Chavez; Chisum; Coleman; Cook, B.; Cook, R.; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland; Escobar; Farabee; Farrar; Flores; Frost; Gallego; Geren; Gonzales; Gonzalez Toureilles; Griggs; Guillen; Haggerty; Hamilton; Herrero; Hochberg; Homer; Hopson; Hughes; Hunter; Jones, D.; Jones, J.; Keffer, J.; King, T.; Laney; Leibowitz; Luna; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miller; Moreno, P.; Naishtat; Noriega, M.; Oliveira; Olivo; Peña; Pickett; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Solis; Strama; Thompson; Truitt; Turner; Uresti; Veasey; Villarreal; Vo.

Present, not voting — Mr. Speaker; King, P.(C).

Absent, Excused — Castro; Hodge.

Absent, Excused, Committee Meeting — Giddings; Rose; Solomons.

Absent — Baxter; Campbell; Goolsby; Hardcastle; Smithee.

STATEMENTS OF VOTE

I was shown voting yes on Record No. 804. I intended to vote no.

Anderson

I was shown voting yes on Record No. 804. I intended to vote no.

Kuempel

(Speaker in the chair)

A record vote was requested.

Amendment No. 7 was adopted by (Record 805): 75 Yeas, 67 Nays, 1 Present, not voting.

Yeas — Allen, A.; Alonzo; Anchia; Anderson; Bailey; Blake; Burnam; Chavez; Coleman; Cook, B.; Cook, R.; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Escobar; Farabee; Farrar; Flores; Frost; Gallego; Geren; Gonzales; Gonzalez Toureilles; Goodman; Goolsby;

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4331

Nays — Allen, R.; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chisum; Corte; Crabb; Crownover; Dawson; Delisi; Denny; Driver; Elkins; Flynn; Gattis; Grusendorf; Haggerty; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Hope; Howard; Hupp; Isett; Jackson; Keel; Keffer, B.; King, P.; Kolkhorst; Krusee; Kuempel; Laubenberg; Madden; McCall; Morrison; Mowery; Nixon; Orr; Otto; Paxton; Phillips; Pitts; Reyna; Riddle; Seaman; Smith, W.; Straus; Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wong; Woolley; Zedler.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Castro; Hodge.

Absent, Excused, Committee Meeting — Giddings; Rose; Solomons.

Absent — Smithee.

STATEMENTS OF VOTE

I was shown voting yes on Record No. 805. I intended to vote no.

Eissler

I was shown voting no on Record No. 805. I intended to vote yes.

Kuempel

Amendment No. 8

Representative Rodriguez offered the following amendment to SBi89:

Amend SB 89:

(1) In the recital to amended Section 63.001, Election Code, strike "Subsection (g)" and substitute "Subsections (g) and (h)".

(2) In the section amending Section 63.001, Election Code, add a new Subsection (h) to read as follows:

(h) The requirements for identification prescribed by Subsection (b)(1) or (2) do not apply to a voter who:

(1) presents the voter's voter registration certificate on offering to vote; and

(2) is 85 years of age or older as indicated by the date of birth on the voter's voter registration certificate.

Amendment No. 8 was withdrawn.

Amendment No. 9

Representative Rodriguez offered the following amendment to SBi89:

Amend SB 89 as follows:

4332 79th LEGISLATURE — REGULAR SESSION

(1) Strike SECTIONS 7 and 8 of the bill.

(2) Add a new appropriately numbered section to read as follows:

SECTION . Section 65.054, Election Code, is amended by adding Subsection (e) to read as follows:

(e) A provisional ballot may not be rejected on the basis of the failure of the voter to present proof of identification as described by Section 63.001(b)(1) or (2) unless the board determines that the voter is not the person whom the voter claimed to be in executing an affidavit under Section 63.011.

(3) Renumber the remaining SECTIONS of the bill as appropriate.

Representative Denny moved to table Amendment No. 9.

A record vote was requested.

The motion to table prevailed by (Record 806): 82 Yeas, 57 Nays, 1 Present, not voting.

Yeas — Allen, R.; Anderson; Baxter; Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chisum; Cook, B.; Corte; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Eissler; Elkins; Flynn; Gattis; Goodman; Goolsby; Griggs; Grusendorf; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Keel; Keffer, B.; Keffer, J.; King, P.; Kolkhorst; Krusee; Kuempel; Laubenberg; Madden; McCall; Merritt; Miller; Morrison; Mowery; Nixon; Orr; Otto; Paxton; Phillips; Pitts; Reyna; Riddle; Seaman; Smith, T.; Smith, W.; Smithee; Straus; Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wong; Woolley; Zedler.

Nays — Allen, A.; Alonzo; Anchia; Bailey; Burnam; Chavez; Coleman; Cook, R.; Davis, Y.; Deshotel; Dunnam; Dutton; Edwards; Eiland; Escobar; Farabee; Farrar; Flores; Frost; Gallego; Geren; Gonzales; Gonzalez Toureilles; Guillen; Herrero; Hochberg; Homer; Hopson; Jones, J.; King, T.; Leibowitz; Luna; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Moreno, P.; Naishtat; Noriega, M.; Oliveira; Olivo; Peña; Pickett; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Solis; Strama; Thompson; Turner; Uresti; Veasey; Villarreal; Vo.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Castro; Hodge.

Absent, Excused, Committee Meeting — Giddings; Rose; Solomons.

Absent — Dukes; Hope; Jackson; Laney.

SB 89 - MOTION FOR PREVIOUS QUESTION

Representative Nixon moved the previous question on passage to third reading on SB 89.

The motion was seconded by Representatives Bohac, Bonnen, F. Brown, Callegari, Casteel, Corte, Driver, Eissler, Elkins, Flynn, Grusendorf, Harper-Brown, Hope, Hunter, J. Keffer, Kuempel, Miller, Nixon, Olivo, Reyna, Seaman, Straus, Swinford, Talton, Wong, and Woolley.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4333

A record vote was requested.

The motion for the previous question prevailed by (Record 807): 79 Yeas, 62 Nays, 1 Present, not voting.

Yeas — Allen, R.; Anderson; Baxter; Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chisum; Corte; Crabb; Crownover; Dawson; Delisi; Denny; Driver; Eissler; Elkins; Flynn; Gattis; Goodman; Goolsby; Griggs; Grusendorf; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Hope; Howard; Hughes; Hunter; Hupp; Isett; Jackson; Keel; Keffer, B.; Keffer, J.; King, P.; Krusee; Kuempel; Laubenberg; Madden; McCall; Miller; Morrison; Mowery; Nixon; Orr; Otto; Paxton; Phillips; Pitts; Reyna; Riddle; Seaman; Smith, T.; Smith, W.; Smithee; Straus; Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wong; Woolley; Zedler.

Nays — Allen, A.; Alonzo; Anchia; Bailey; Burnam; Chavez; Coleman; Cook, B.; Cook, R.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland; Escobar; Farabee; Farrar; Flores; Frost; Gallego; Geren; Gonzales; Gonzalez Toureilles; Guillen; Herrero; Hochberg; Homer; Hopson; Jones, D.; Jones, J.; King, T.; Laney; Leibowitz; Luna; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Merritt; Moreno, P.; Naishtat; Noriega, M.; Oliveira; Olivo; Peña; Pickett; Puente; Quintanilla; Raymond; Ritter; Rodriguez; Solis; Strama; Thompson; Turner; Uresti; Veasey; Villarreal; Vo.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Castro; Hodge.

Absent, Excused, Committee Meeting — Giddings; Rose; Solomons.

Absent — Davis, J.; Kolkhorst.

A record vote was requested.

SB 89, as amended, was passed to third reading by (Record 808): 83 Yeas, 59 Nays, 1 Present, not voting.

Yeas — Allen, R.; Anderson; Baxter; Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chisum; Cook, B.; Corte; Crabb; Crownover; Dawson; Delisi; Denny; Driver; Eissler; Elkins; Flynn; Gattis; Goodman; Goolsby; Griggs; Grusendorf; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Hilderbran; Hill; Hope; Howard; Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Keel; Keffer, B.; Keffer, J.; King, P.; Kolkhorst; Krusee; Kuempel; Laubenberg; Madden; McCall; Merritt; Miller; Morrison; Mowery; Nixon; Orr; Otto; Paxton; Phillips; Pitts; Reyna; Riddle; Seaman; Smith, T.; Smith, W.; Smithee; Straus; Swinford; Talton; Taylor; Truitt; Van Arsdale; West; Wong; Woolley; Zedler.

Nays — Allen, A.; Alonzo; Anchia; Bailey; Burnam; Chavez; Coleman; Cook, R.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland; Escobar; Farabee; Farrar; Flores; Frost; Gallego; Geren; Gonzales; Gonzalez Toureilles; Guillen; Herrero; Hochberg; Homer; Hopson; Jones, J.; King, T.;

4334 79th LEGISLATURE — REGULAR SESSION

Present, not voting — Mr. Speaker(C).

Absent, Excused — Castro; Hodge.

Absent, Excused, Committee Meeting — Giddings; Rose; Solomons.

Absent — Davis, J.

SB 132 ON SECOND READING
(Morrison - House Sponsor)

SB 132, A bill to be entitled An Act relating to goals and strategies concerning the number of graduates from professional nursing education programs.

Amendment No. 1 (Committee Amendment No. 1)

Representative Goolsby offered the following amendment to SBi132:

Amend SB 132 (Senate Engrossment) as follows:

(1)iiIn SECTION 2 of the bill, strike amended Paragraph (B), Subdivision (1), Subsection (a), Section 61.9623, Education Code (page 2, lines 14-16), and substitute "(B) nursing faculty enhancement in accordance with Section 61.96231 [assuring the retention of an adequate number of qualified faculty, including providing faculty salaries];[or]".

(2)iiIn SECTION 3 of the bill, in amended Section 61.9624, Education Code (page 3, line 21), strike "Sections 61.9623(a)(1)(A), [and] B, and (D)" and substitute "Sections 61.9623(a)(1)(A) and (D) [B]".

(3)iiAdd the following appropriately numbered new SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTIONi___.iiSubchapter D, Chapter 54, Education Code, is amended by adding Sections 54.221 and 54.222 to read as follows:

Sec.i54.221.iiCHILDREN OF PROFESSIONAL NURSING PROGRAM FACULTY. (a) In this section:

(1)ii"Child" means a child of any age, including an adult child. The term includes an adopted child.

(2)ii"Graduate professional nursing program" means an educational program of a public or private institution of higher education that prepares students for a master's or doctoral degree in nursing.

(3)ii"Undergraduate professional nursing program" means a public or private educational program for preparing students for initial licensure as registered nurses.

(b)iiThe governing board of an institution of higher education shall exempt from the payment of tuition a resident of this state enrolled as an undergraduate student at the institution who is a child of a person who, at the beginning of the semester or other academic term for which an exemption is sought, holds a master's or doctoral degree in nursing, if not employed or under contract as a

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4335

(1)iiis employed by an undergraduate or graduate professional nursing program in this state as a full-time member of its faculty or staff with duties that include teaching, serving as a teaching assistant, performing research, serving as an administrator, or performing other professional services; or

(2)iihas contracted with an undergraduate or graduate professional nursing program in this state to serve as a full-time member of its faculty or staff to perform duties described by Subdivision (1) during all or part of the semester or other academic term for which an exemption is sought or, if the child is enrolled for a summer session, during all or part of that session or for the next academic year.

(c)iiA child who would qualify for an exemption under this section but for the fact that the child's parent is not employed full-time is eligible for an exemption on a pro rata basis equal to the percentage of full-time employment the parent is employed, except that a parent employed for less than 25 percent of full-time employment is considered to be employed for 25 percent of full-time employment.

(d)iiA person is not eligible for an exemption under this section if the person:

(1)iihas previously received an exemption under this section for 10 semesters or summer sessions at any institution or institutions of higher education; or

(2)iihas received a baccalaureate degree.

(e)iiFor purposes of Subsection (d), a summer session that is less than nine weeks in duration is considered one-half of a summer session.

(f)iiA person attending an institution of higher education who becomes eligible to receive an exemption from tuition under this section is eligible for a refund of the amount of money that the person paid to any institution of higher education for tuition as a resident student in the three-year period preceding the beginning of the first semester or other academic term for which the person receives the exemption.

(g)iiTo receive a refund under Subsection (f), the person must apply to the institution from which the refund is sought before the first anniversary of the date the person becomes eligible for the refund. The institution shall pay the refund from any available funds of the institution.

(h)iiThe Texas Higher Education Coordinating Board shall adopt:

(1)iirules governing the granting or denial of an exemption under this section, including rules relating to the determination of eligibility for an exemption or for a refund of previously paid tuition; and

(2)iia uniform application form for an exemption under this section.

Sec.i54.222.iiPRECEPTORS FOR PROFESSIONAL NURSING EDUCATION PROGRAMS. (a) In this section, "child" and "undergraduate professional nursing program" have the meanings assigned by Section 54.221.

4336 79th LEGISLATURE — REGULAR SESSION

(b)iiThe governing board of an institution of higher education shall exempt from the payment of $500 of the total amount of tuition a resident of this state enrolled as a student at the institution who:

(1)iiis a registered nurse; and

(2)iiis serving under a written preceptor agreement with an undergraduate professional nursing program as a clinical preceptor for students enrolled in the program for the semester or other academic term for which the exemption is sought.

(c)iiThe governing board of an institution of higher education shall exempt from the payment of $500 of the total amount of tuition a resident of this state enrolled as an undergraduate student at the institution who is a child of a person who meets the requirements of Subsections (b)(1) and (2).

(d)iiNotwithstanding Subsections (b) and (c), if a person eligible for an exemption under this section owes less than $500 in tuition, the governing board of the institution of higher education in which the person is enrolled shall exempt the person from the payment of only the amount of tuition the person owes.

(e)iiA person is not eligible for an exemption under Subsection (c) if the person:

(1)iihas previously received an exemption under this section for 10 semesters or summer sessions at any institution or institutions of higher education; or

(2)iihas received a baccalaureate degree.

(f)iiFor purposes of Subsection (e), a summer session that is less than nine weeks in duration is considered one-half of a summer session.

(g)iiThe Texas Higher Education Coordinating Board shall adopt:

(1)iirules governing the granting or denial of an exemption under this section, including rules relating to the determination of eligibility for an exemption; and

(2)iia uniform application form for an exemption under this section.

SECTIONi___.iiSubchapter Z, Chapter 61, Education Code, is amended by adding Section 61.96231 to read as follows:

Sec.i61.96231.iiNURSING FACULTY ENHANCEMENT GRANTS. (a) Under the professional nursing shortage reduction program, the board may award nursing faculty enhancement grants to professional nursing programs to assist the programs in the education, recruitment, and retention of a sufficient number of faculty members to enable the programs to enroll a sufficient number of students to meet the state's need for registered nurses.

(b)iiA grant awarded under this section may be used only for the purposes specified by Subsection (a), including providing salary supplements and enhancements and reducing the number of hours a faculty member must teach.

(c)iiIn awarding a grant under this section, the board may require matching funds from a professional nursing program or may give preference in awarding a grant to a program providing matching funds.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4337

(d)iiThe board may appoint an advisory committee to advise the board on successful strategies, in addition to the grants awarded under this section, for educating, recruiting, and retaining qualified professional nursing program faculty members who hold master's or doctoral degrees.

SECTIONi___.iiSection 824.602(a), Government Code, is amended to read as follows:

(a)iiSubject to Section 825.506, the retirement system may not, under Section 824.601, withhold a monthly benefit payment if the retiree is employed in a Texas public educational institution:

(1)iias a substitute only with pay not more than the daily rate of substitute pay established by the employer and, if the retiree is a disability retiree, the employment has not exceeded a total of 90 days in the school year;

(2)iiin a position, other than as a substitute, on no more than a one-half time basis for the month;

(3)iiin one or more positions on as much as a full-time basis, if the work occurs in not more than six months of a school year that begins after the retiree's effective date of retirement;

(4)iiin a position, other than as a substitute, on no more than a one-half time basis for no more than 90 days in the school year, if the retiree is a disability retiree;

(5)iiin a position as a classroom teacher on as much as a full-time basis, if the retiree has retired under Section 824.202(a), is certified under Subchapter B, Chapter 21, Education Code, to teach the subjects assigned, is teaching in an acute shortage area as determined by the board of trustees of a school district as provided by Subsection (m), and has been separated from service with all public schools for at least 12 months;

(6)iiin a position as a principal, including as an assistant principal, on as much as a full-time basis, if the retiree has retired under Section 824.202(a) without reduction for retirement at an early age, is certified under Subchapter B, Chapter 21, Education Code, to serve as a principal, and has been separated from service with all public schools for at least 12 months; [or]

(7)iias a bus driver for a school district on as much as a full-time basis, if the retiree has retired under Section 824.202(a); or

(8)iias a faculty member, during the period beginning with the 2005 fall semester and ending on the last day of the 2015 spring semester, in an undergraduate professional nursing program or graduate professional nursing program, as defined by Section 54.221, Education Code.

SECTIONi___.iiSubchapter B, Chapter 1372, Government Code, is amended by adding Section 1372.0223 to read as follows:

Sec.i1372.0223.iiDEDICATION OF PORTION OF STATE CEILING FOR PROFESSIONAL NURSING PROGRAM FACULTY MEMBER HOME LOAN PROGRAM. Until August 1, out of that portion of the state ceiling that is available exclusively for reservations by issuers of qualified mortgage bonds under Section 1372.022, $5 million shall be allotted each year and made available exclusively to the Texas State Affordable Housing Corporation for the purpose of

4338 79th LEGISLATURE — REGULAR SESSION

SECTIONi___.ii(a) This section takes effect only if the Act of the 79th Legislature, Regular Session, 2005, relating to the nonsubstantive additions to and corrections in enacted codes (the general code update bill) is enacted and becomes law.

(b)iiSection 2306.553(a), Government Code, is amended to read as follows:

(a)iiThe public purpose of the corporation is to perform activities and services that the corporation's board of directors determines will promote the public health, safety, and welfare through the provision of adequate, safe, and sanitary housing primarily for individuals and families of low, very low, and extremely low income, for professional educators under the professional educators home loan program as provided by Section 2306.562, [and] for fire fighters and police officers under the fire fighter and police officer home loan program as provided by Section 2306.5621, and for professional nursing program faculty members under the professional nursing program faculty member home loan program as provided by Section 2306.5622 [2306.563]. The activities and services shall include engaging in mortgage banking activities and lending transactions and acquiring, holding, selling, or leasing real or personal property.

SECTIONi___.ii(a) This section takes effect only if the Act of the 79th Legislature, Regular Session, 2005, relating to nonsubstantive additions to and corrections in enacted codes (the general code update bill) does not become law.

(b)iiSection 2306.553(a), Government Code, is amended to read as follows:

(a)iiThe public purpose of the corporation is to perform activities and services that the corporation's board of directors determines will promote the public health, safety, and welfare through the provision of adequate, safe, and sanitary housing primarily for individuals and families of low, very low, and extremely low income, for professional educators under the professional educators home loan program as provided by Section 2306.562, [and] for fire fighters and police officers under the fire fighter and police officer home loan program as provided by Section 2306.563, and for professional nursing program faculty members under the professional nursing program faculty member home loan program as provided by Section 2306.5622. The activities and services shall include engaging in mortgage banking activities and lending transactions and acquiring, holding, selling, or leasing real or personal property.

SECTIONi___.iiSection 2306.553(b), Government Code, is amended to read as follows:

(b)iiThe corporation's primary public purpose is to facilitate the provision of housing by issuing qualified 501(c)(3) bonds and qualified residential rental project bonds and by making affordable loans to individuals and families of low, very low, and extremely low income, to professional educators under the professional educators home loan program, [and] to fire fighters and police officers under the fire fighter and police officer home loan program, and to professional nursing program faculty members under the professional nursing program faculty member home loan program. The corporation may make first

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4339

(1)iiat least 40 percent of the units in a multifamily development are affordable to individuals and families with incomes at or below 60 percent of the median family income, adjusted for family size; or

(2)iiat least 20 percent of the units in a multifamily development are affordable to individuals and families with incomes at or below 50 percent of the median family income, adjusted for family size.

SECTIONi___.iiSubchapter Y, Chapter 2306, Government Code, is amended by adding Section 2306.5622 to read as follows:

Sec.i2306.5622.iiPROFESSIONAL NURSING PROGRAM FACULTY MEMBER HOME LOAN PROGRAM. (a) In this section:

(1)ii"Graduate professional nursing program" and "undergraduate professional nursing program" have the meanings assigned by Section 54.221, Education Code.

(2)ii"Home" means a dwelling in this state in which a professional nursing program faculty member intends to reside as the faculty member's principal residence.

(3)ii"Mortgage lender" has the meaning assigned by Section 2306.004.

(4)ii"Professional nursing program faculty member" means a full-time member of the faculty of either an undergraduate or graduate professional nursing program.

(5)ii"Program" means the professional nursing program faculty member home loan program.

(b)iiThe corporation shall establish a program to provide eligible professional nursing program faculty members with low-interest home mortgage loans.

(c)iiTo be eligible for a loan under this section, at the time a person files an application for the loan, the person must:

(1)iibe a faculty member of an undergraduate or graduate professional nursing program;

(2)iireside in this state; and

(3)iihave an income of not more than 115 percent of area median family income, adjusted for family size.

(d)iiThe corporation may contract with other agencies of the state or with private entities to determine whether applicants qualify as professional nursing program faculty members under this section or otherwise to administer all or part of this section.

(e)iiThe board of directors of the corporation may set and collect from each applicant any fees the board considers reasonable and necessary to cover the expenses of administering the program.

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(f)iiThe board of directors of the corporation shall adopt rules governing:

(1)iithe administration of the program;

(2)iithe making of loans under the program;

(3)iithe criteria for approving mortgage lenders;

(4)iithe use of insurance on the loans and the homes financed under the program, as considered appropriate by the board to provide additional security for the loans;

(5)iithe verification of occupancy of the home by the professional nursing program faculty member as the professional nursing program faculty member's principal residence; and

(6)iithe terms of any contract made with any mortgage lender for processing, originating, servicing, or administering the loans.

(g)iiThe corporation shall ensure that a loan under this section is structured in a way that complies with any requirements associated with the source of the funds used for the loan.

(h)iiIn addition to funds set aside for the program under Section 1372.0223, the corporation may solicit and accept funding for the program from the following sources:

(1)iigifts and grants for the purposes of this section;

(2)iiavailable money in the housing trust fund established under Section 2306.201, to the extent available to the corporation;

(3)iifederal block grants that may be used for the purposes of this section, to the extent available to the corporation;

(4)iiother state or federal programs that provide money that may be used for the purposes of this section; and

(5)iiamounts received by the corporation in repayment of loans made under this section.

(i)iiThis section expires September 1, 2016.

SECTIONi___.ii(a) Except as provided by Subsection (b) of this section, Sections 54.221 and 54.222, Education Code, as added by this Act, take effect beginning with the 2006 fall semester.

(b)iiNot later than January 1, 2006, the Texas Higher Education Coordinating Board shall adopt rules and forms relating to tuition exemptions under Sections 54.221 and 54.222, Education Code, as added by this Act.

SECTIONi___.iiThe change in law made by this Act to Section 61.9623(a), Education Code, applies only to expenditure of grant money under that section after this Act takes effect. Expenditure of grant money under that section before this Act takes effect is governed by the law in effect at the time grant money was spent, and that law is continued in effect for that purpose.

SECTIONi___.iiThe change in law made by this Act to Section 824.602, Government Code, applies beginning with the 2005 fall semester.

SECTIONi___.iiThe Texas State Affordable Housing Corporation shall:

(1)iiaggressively pursue funding for the professional nursing school faculty member home loan program required by Section 2306.5622, Government Code, as added by this Act; and

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(2)iiimplement the professional nursing school faculty member home loan program required by that section not later than September 1, 2005, or as soon thereafter as practicable.

Amendment No. 2

Representative Morrison offered the following amendment to Amendment No. 1:

Amend Committee Amendment No. 1 to SB 132, in added Section 54.221, Education Code, as follows:

(1) In Subsection (a), strike Subdivision (a) and substitute the following:

(1) "Child" means a child 25 years of age or younger and includes an adopted child.

(2) Strike Subsections (f) and (g), substitute the following, and reletter Subsection (h) as Subsection (g):

(f) The tuition exemption provided by this section applies only to enrollment of a child at the institution at which the child's parent is employed or is under contract.

(3) In existing Subdivision (1), Subsection (h), strike "or for a refund of previously paid tuition".

Amendment No. 2 was adopted.

Amendment No. 3

On behalf of Representative Eiland, Representative Morrison offered the following amendment to Amendment No. 1:

Amend Committee Amendment No. 1 to SB 132 by striking page 11, line 12 through page 12, line 23.

Amendment No. 3 was adopted.

Amendment No. 1, as amended, was adopted.

SB 132, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Howard recorded voting no.)

SB 851 ON SECOND READING
(Woolley - House Sponsor)

SB 851, A bill to be entitled An Act relating to a financial literacy pilot program in public schools.

(Rose now present)

Amendment No. 1

Representative Thompson offered the following amendment to SBi851:

Amend SB 851 on page 2, line 11 by striking "five" and substituting "twenty-five".

Amendment No. 1 was adopted.

4342 79th LEGISLATURE — REGULAR SESSION

Amendment No. 2

Representative Thompson offered the following amendment to SBi851:

Amend SB 851 on page 2, following line 12, to add a new subsection (e) to read as follows and renumbering subsequent subsections:

"(e) school district with less than 11,000iADA in a county with a population greater than 3,000,000 people."

Amendment No. 2 was withdrawn.

Amendment No. 3

Representative Thompson offered the following amendment to SBi851:

Amend SB 851 on page 2, line 6, between ":" and "and" by inserting a new subsection (c)(9) to read as follows and renumbering subsequent subsections:

"(9) balancing a check book".

Amendment No. 3 was adopted.

SB 851, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Harper-Brown recorded voting no.)

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).

INTRODUCTION OF GUESTS

The speaker recognized Representative J. Keffer who introduced Tom and Lisa Perini of Perini Ranch in Buffalo Gap.

SB 151 ON SECOND READING
(Morrison - House Sponsor)

SB 151, A bill to be entitled An Act relating to students enrolled in junior college courses for which students may receive both high school and higher education academic credit.

Amendment No. 1

Representative Raymond offered the following amendment to SBi151:

Amend SB 151 by adding the following numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly.

SECTIONi____.iiSubchapter F, Chapter 87, Education Code, is amended by adding Section 87.505 to read as follows:

Sec.i87.505.iiTEXAS ACADEMY OF INTERNATIONAL STUDIES. (a)iiIn this section:

(1)ii"Academy" means the Texas Academy of International Studies.

(2)ii"Board" means the board of regents of The Texas A&M University System.

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(3)ii"University" means Texas A&M International University.

(b)iiThe Texas Academy of International Studies is a division of Texas A&M International University and is under the management and control of the board. The academy serves the following purposes:

(1)iito provide academically gifted and highly motivated junior and senior high school students with a challenging university-level curriculum that:

(A)iiallows students to complete high school graduation requirements, including requirements adopted under Section 28.025 for the advanced high school program, while attending for academic credit a public institution of higher education;

(B)iifosters students' knowledge of real-world international issues and problems and teaches students to apply critical thinking and problem-solving skills to those issues and problems;

(C)iiincludes the study of English, foreign languages, social studies, anthropology, and sociology;

(D)iiis presented through an interdisciplinary approach that introduces and develops issues, especially issues related to international concerns, throughout the curriculum; and

(E)iioffers students learning opportunities related to international issues through in-depth research and field-based studies;

(2)iito provide students with an awareness of international career and professional development opportunities through seminars, workshops, collaboration with postsecondary students from other countries, summer academic international studies internships in foreign countries, and similar methods; and

(3)iito provide students with social development activities that enrich the academic curriculum and student life, including, as determined appropriate by the academy, University Interscholastic League activities and other extracurricular activities generally offered by public high schools.

(c)iiThe academy is a residential, coeducational institution for selected Texas high school students with an interest and the potential to excel in international studies. The academy shall admit only high school juniors and seniors, except that the academy may admit a student with exceptional abilities who is not yet a high school junior. The board shall set aside adequate space on the university campus in Laredo to operate the academy and implement the purposes of this section. The academy must operate on the same fall and spring semester basis as the university. Full-time students of the academy must enroll for both the fall and spring semesters. Faculty members of the university shall teach all academic classes at the academy. A student of the academy may attend a college course offered by the university and receive college credit for that course.

(d)iiExcept as otherwise provided by this subsection, the university administration has the same powers and duties with respect to the academy that the administration has with respect to the university. The board shall consult with the dean of the College of Education and other members of the administration as

4344 79th LEGISLATURE — REGULAR SESSION

(1)iiestablish an internal management system for the academy and appoint an academy principal who serves at the will of the board and reports to the university provost;

(2)iiprovide for one or more academy counselors;

(3)iiestablish for the academy a site-based decision-making process similar to the process required by Subchapter F, Chapter 11, that provides for the participation of academy faculty, parents of academy students, and other members of the community; and

(4)iiestablish an admissions process for the academy.

(e)iiThe student-teacher ratio in all regular academic classes at the academy may not exceed 30 students for each classroom teacher, except that the student-teacher ratio may exceed that limit:

(1)iiin a program provided for the purposes prescribed by Subsection (b)(2) or another special enrichment course or in a physical education course; or

(2)iiif the board determines that a class with a higher student-teacher ratio would contribute to the educational development of the students in the class.

(f)iiThe academy shall provide the university-level curriculum in a manner that is appropriate for the social, psychological, emotional, and physical development of high school juniors and seniors. The administrative and counseling personnel of the academy shall provide continuous support to and supervision of students.

(g)iiFor each student enrolled in the academy, the academy is entitled to allotments from the foundation school fund under Chapter 42 as if the academy were a school district without a tier one local share for purposes of Section 42.253. If in any academic year the amount of the allotments under this subsection exceeds the amount of state funds paid to the academy in the first fiscal year of the academy's operation, the commissioner of education shall set aside from the total amount of funds to which school districts are entitled under Section 42.253(c) an amount equal to the excess amount and shall distribute that amount to the academy. After deducting the amount set aside and paid to the academy by the commissioner of education under this subsection, the commissioner of education shall reduce the amount to which each district is entitled under Section 42.253(c) in the manner described by Section 42.253(h). A determination of the commissioner of education under this subsection is final and may not be appealed.

(h)iiThe board may use any available money, enter into contracts, and accept grants, including matching grants, federal grants, and grants from a corporation or other private contributor, in establishing and operating the academy. Money spent by the academy must further the purposes of the academy prescribed by Subsection (b).

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4345

(i)iiThe liability of the state under Chapters 101 and 104, Civil Practice and Remedies Code, is limited for the academy and employees assigned to the academy and acting on behalf of the academy to the same extent that the liability of a school district and an employee of the school district is limited under Sections 22.0511, 22.0512, and 22.052 of this code and Section 101.051, Civil Practice and Remedies Code. An employee assigned to the academy is entitled to representation by the attorney general in a civil suit based on an action or omission of the employee in the course of the employee's employment, limits on liability, and indemnity under Chapters 104 and 108, Civil Practice and Remedies Code.

(j)iiExcept as otherwise provided by this section, the academy is not subject to the provisions of this code, or to the rules of the Texas Education Agency, regulating public schools.

(k)iiA student may not begin attending the academy before the 2007 fall semester. This subsection expires Augusti31, 2008.

SECTIONi____.iiSubsection (a), Section 25.086, Education Code, is amended to read as follows:

(a)iiA child is exempt from the requirements of compulsory school attendance if the child:

(1)iiattends a private or parochial school that includes in its course a study of good citizenship;

(2)iiis eligible to participate in a school district's special education program under Section 29.003 and cannot be appropriately served by the resident district;

(3)iihas a physical or mental condition of a temporary and remediable nature that makes the child's attendance infeasible and holds a certificate from a qualified physician specifying the temporary condition, indicating the treatment prescribed to remedy the temporary condition, and covering the anticipated period of the child's absence from school for the purpose of receiving and recuperating from that remedial treatment;

(4)iiis expelled in accordance with the requirements of law in a school district that does not participate in a mandatory juvenile justice alternative education program under Section 37.011;

(5)iiis at least 17 years of age and:

(A)iiis attending a course of instruction to prepare for the high school equivalency examination, and:

(i)iihas the permission of the child's parent or guardian to attend the course;

(ii)iiis required by court order to attend the course;

(iii)iihas established a residence separate and apart from the child's parent, guardian, or other person having lawful control of the child; or

(iv)iiis homeless as defined by 42 U.S.C. Section 11302; or

(B)iihas received a high school diploma or high school equivalency certificate;

(6)iiis at least 16 years of age and is attending a course of instruction to prepare for the high school equivalency examination, if:

4346 79th LEGISLATURE — REGULAR SESSION

(A)iithe child is recommended to take the course of instruction by a public agency that has supervision or custody of the child under a court order; or

(B)iithe child is enrolled in a Job Corps training program under [the Job Training Partnership Act (]29 U.S.C. Section 2881 [1501] et seq.[), and its subsequent amendments];

(7)iiis enrolled in the Texas Academy of Mathematics and Science;

(8)iiis enrolled in the Texas Academy of Leadership in the Humanities; [or]

(9)iiis enrolled in the Texas Academy of International Studies; or

(10)iiis specifically exempted under another law.

SECTIONi____.iiSection 28.024, Education Code, is amended to read as follows:

Sec.i28.024.iiCREDIT FOR ENROLLMENT IN CERTAIN ACADEMIES. A school district shall grant to a student credit toward the academic course requirements for high school graduation, up to a maximum of two years of credit, for courses the student successfully completes at:

(1)iithe Texas Academy of Leadership in the Humanities under Section 96.707 [Subchapter E, Chapter 108]; [or]

(2)iithe Texas Academy of Mathematics and Science under Subchapter G [H], Chapter 105; or

(3)iithe Texas Academy of International Studies under Section 87.505.

(Dutton in the chair)

Amendment No. 1 was adopted.

SB 151, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

SB 567 ON SECOND READING
(J. Keffer - House Sponsor)

SB 567, A bill to be entitled An Act relating to requiring a taxing unit to include in the public notice of a hearing on the adoption of an ad valorem tax rate certain information relating to the taxing unit's budget and appraisal roll.

Amendment No. 1

Representative Y. Davis offered the following amendment to SBi567:

Amend SB 567 on page 1, line 11, by striking "18-point" and substituting "24-point [18-point]".

Amendment No. 1 was adopted.

Amendment No. 2

Representative Riddle offered the following amendment to SBi567:

Amend SB 567 as follows:

(1) In SECTION 1 of the bill, strike the prefatory language (committee printing, page 1, lines 7 and 8), and substitute the following:

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4347

SECTION 1. Subsections (b) and (c), Section 26.06, Tax Code, are amended to read as follows:

(2) In SECTION 1 of the bill, immediately following amended Subsection (b), Section 26.06, Tax Code (committee printing, page 3, between lines 23 and 24), insert the following:

(c) The notice must [may] be delivered by mail to each property owner in the unit and [, or it may be] published in a newspaper. The [If the] notice [is] published in a newspaper [, it] may not be in the part of the paper in which legal notices and classified advertisements appear.

(3) In SECTION 2 of the bill, strike the prefatory language (committee printing, page 3, lines 24 and 25), and substitute the following:

SECTION 2. Subsections (b) and (c), Section 44.004, Education Code, are amended to read as follows:

(b) The president shall provide for the mailing of notice of the budget and proposed tax rate meeting to each property owner in the school district and for the publication of notice of the budget and proposed tax rate meeting in a daily, weekly, or biweekly newspaper published in the district. If no daily, weekly, or biweekly newspaper is published in the district, the president shall provide for the publication of notice in at least one newspaper of general circulation in the county in which the district's central administrative office is located. Notice under this subsection shall be published not earlier than the 30th day or later than the 10th day before the date of the hearing. The notice mailed to property owners must contain all the information required by Subsection (c).

(4) In SECTION 2 of the bill, amended Subsection (c), Section 44.004, Education Code (committee printing, page 3, line 26), between "The" and "notice", insert "published".

Amendment No. 2 was adopted.

Amendment No. 3

Representative Thompson offered the following amendment to SBi567:

Amend SB 567 on page 4, on line 25 between ";" and "and" by adding a new Subsections (C) and (D) to read as follows and renumbering subsequent subsections:

"(C) the growth or decrease in the total value of property;

"(D) the growth or decrease in the total estimated population;

"(E) the growth or decrease in the estimated number of households living with a household income under 125% of the federal poverty guidelines;

"(F) the growth or decrease in the estimated number of children enrolled in the school district who qualify for free breakfasts and/or free lunches;

"(G) the growth or decrease in the estimated number of children with special needs;

"(H) the growth or decrease in the number of miles required to transport students to and from school;

4348 79th LEGISLATURE — REGULAR SESSION

"(I) the growth or decrease in the number and cost of new textbooks and technological hardware;"

Amendment No. 3 was adopted.

Amendment No. 4

Representative Dunnam offered the following amendment to SBi567:

Amend SB 567 as follows:

(1) On page 2, line 6, between "(A)" and "the", insert "a section entitled "Comparison of Proposed Budget with Last Year's Budget, which must show".

(2) On page 2, line 13, between "(B)" and "the", insert "a section entitled "Total Appraised Value and Total Taxable Value, which must show".

Amendment No. 4 was adopted.

SB 567, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

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. 28).

SB 568 ON SECOND READING
(Truitt - House Sponsor)

SB 568, A bill to be entitled An Act relating to personal emergency response system providers; providing penalties.

Amendment No. 1

Representative Truitt offered the following amendment to SBi568:

Amend SB 568 (House committee report) as follows:

(1)iiIn SECTION 2 of the bill, in Subdivision (5) of added Section 781.001, Health and Safety Code (page 2, line 24), strike "security services contractor" and substitute "personal emergency response system provider".

(2)iiIn SECTION 2 of the bill, in added Section 781.101, Health and Safety Code (page 3, line 21), strike "SECURITY SERVICES CONTRACTOR" and substitute "PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDER".

(3)iiIn SECTION 2 of the bill, in added Section 781.101, Health and Safety Code (page 3, lines 22-24), strike "as a security services contractor, a person may not act as or offer to perform the services of an alarm systems company" and substitute "issued under this chapter, a person may not act as or perform the services of a personal emergency response system provider".

(4)iiIn SECTION 2 of the bill, in added Section 781.102, Health and Safety Code (page 3, lines 25-26), strike "ALARM SYSTEMS COMPANY. A person acts as an alarm systems company" and substitute "PERSONAL EMERGENCY RESPONSE SYSTEM PROVIDER. A person acts as a personal emergency response system provider".

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4349

(5)iiIn SECTION 2 of the bill, strike Subdivision (5) of added Section 781.103, Health and Safety Code (page 4, lines 15-19), and renumber subsequent subdivisions of added Section 781.103, Health and Safety Code, appropriately.

(6)iiIn SECTION 2 of the bill, in Subsection (a) of added Section 781.201, Health and Safety Code (page 11, line 26, through page 12, line 2), strike "Federal Bureau of Investigation, in the manner provided by Subchapter F, Chapter 411, Government Code, on each applicant for a license or registration" and substitute "Department of Public Safety, that relates to each applicant for registration".

(7)iiIn SECTION 2 of the bill, in Subsection (a) of added Section 781.201, Health and Safety Code (page 12, lines 5-7), strike "Each applicant must include in the application two complete sets of fingerprints on forms prescribed by the commissioner accompanied by the fee set by the commissioner."

(8)iiIn SECTION 2 of the bill, in the first sentence of Subsection (a) of added Section 781.258, Health and Safety Code (page 16, line 27), strike "shall" and substitute "may".

Amendment No. 1 was adopted.

Amendment No. 2

Representative Driver offered the following amendment to SBi568:

Amend SB 568 (House Committee Printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering the subsequent SECTIONS of the bill accordingly:

SECTIONi___.iiSection 214.194, Local Government Code, is amended to read as follows:

Sec.i214.194.ii[FEE FOR] MUNICIPAL PERMIT FEE GENERALLY. (a) If a municipality adopts an ordinance that requires a person to pay an annual fee to obtain a permit from the municipality before the person may use an alarm system in the municipality, the fee shall be used for the general administration of this subchapter, including the provision of responses generally required to implement this subchapter other than specific responses to false alarms.

(b)iiA municipal permit fee imposed under this section may not exceed the rate ofi$50 a year for a residential location.

SECTIONi___.iiThe heading to Section 214.195, Local Government Code, is amended to read as follows:

Sec.i214.195.iiNONRENEWAL OR REVOCATION OF PERMIT AND TERMINATION OF MUNICIPAL RESPONSE; [AND] DISCRIMINATION PROHIBITED.

SECTIONi___.iiSections 214.195(a) and (d), Local Government Code, are amended to read as follows:

(a)iiExcept as provided in Subsection (d) [of this section], a municipality may not terminate its law enforcement response to a residential permit holder because of excess false alarms if the false alarm fees are paid in full.

4350 79th LEGISLATURE — REGULAR SESSION

(d)iiA municipality may revoke or [set standards for systems to be permitted and may] refuse to renew the permit of an alarm system that has had eight or more false alarms during the preceding 12-month period [permit particular systems which in its discretion have a history of unreliability].

SECTIONi___.iiSubchapter F, Chapter 214, Local Government Code, is amended by adding Section 214.1955 to read as follows:

Sec.i214.1955.iiMULTIUNIT HOUSING FACILITIES. (a) A municipality may not refuse to issue an alarm system permit for a residential location solely because the residential location is an individual residential unit located in a multiunit housing facility.

(b)iiIn issuing an alarm system permit for an alarm installed in an individual residential unit of a multiunit housing facility, the municipality shall issue the permit to the person occupying the individual residential unit.

(c)iiA municipality may impose a penalty under Section 214.197 for the signaling of a false alarm on the premises of a multiunit housing facility for a facility other than an individual residential unit only if the permit holder is notified of:

(1)iithe date of the signaling of the false alarm;

(2)iithe address of the multiunit housing facility where the signaling of the false alarm occurred; and

(3)iithe identification of the individual facility, if applicable, located on the multiunit housing facility premises where the signaling of the false alarm occurred.

SECTIONi___.iiSection 214.197, Local Government Code, is amended to read as follows:

Sec.i214.197.iiPENALTIES FOR FALSE ALARMS [PENALTY LIMITATIONS]. [(a)] A municipality may [not] impose a penalty [or fee] for the signaling of a false alarm by a burglar alarm system if [unless] at least three [five] other false alarms have occurred during the preceding 12-month period. The amount of the penalty for the signaling of a false alarm as described by Section 214.196 may not exceed:

(1)ii$50, if the location has had more than three but fewer than six other false alarms in the preceding 12-month period;

(2)ii$75, if the location has had more than five but fewer than eight other false alarms in the preceding 12-month period; or

(3)ii$100, if the location has had eight or more other false alarms in the preceding 12-month period.

[(b)iiA penalty or fee imposed for a false alarm must be established by ordinance based on the type and level of emergency response provided. This fee may not exceed $50 in the case of the category of burglar alarms. The penalty or fee for a false alarm may not exceed the actual expenses incurred for the response.]

SECTIONi___.iiSubchapter F, Chapter 214, Local Government Code, is amended by adding Sections 214.198-214.200 to read as follows:

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4351

Sec.i214.198.iiVERIFICATION. A municipality may require an alarm systems monitor to attempt to contact the occupant of the alarm system location twice before the municipality responds to the alarm signal.

Sec.i214.199.iiEXCEPTION OF MUNICIPALITY FROM ALARM SYSTEM RESPONSE. (a) The governing body of a municipality may not adopt an ordinance providing that law enforcement personnel of the municipality will not respond to any alarm signal indicated by an alarm system in the municipality unless, before adopting the ordinance, the governing body of the municipality:

(1)iimakes reasonable efforts to notify permit holders of its intention to adopt the ordinance; and

(2)iiconducts a public hearing at which persons interested in the response of the municipality to alarm systems are given the opportunity to be heard.

(b)iiA municipality that adopts an ordinance under this section may not impose or collect any fine, fee, or penalty otherwise authorized by this subchapter.

Sec.i214.200.iiPRIORITY OR LEVEL OF RESPONSE NOT AFFECTED; LIABILITY OF MUNICIPALITY FOR NONRESPONSE. (a) Nothing in this subchapter:

(1)iiaffects the priority or level of response provided by a municipality to a permitted location; or

(2)iiwaives the governmental immunity provided by law for a municipality.

(b)iiA municipality that does not respond to an alarm signal is not liable for damages that may occur relating to the cause of the alarm signal.

SECTIONi___.iiSubchapter L, Chapter 1702, Occupations Code, is amended by adding Sections 1702.286, 1702.287, and 1702.288 to read as follows:

Sec.i1702.286.iiDUTIES OF ALARM SYSTEMS COMPANY. (a) On the installation or activation of an alarm system, an alarm systems company shall distribute to the occupant of the alarm system location information summarizing:

(1)iithe applicable law relating to false alarms, including the potential for penalties and revocation or suspension of a permit;

(2)iihow to prevent false alarms; and

(3)iihow to operate the alarm system.

(b)iiAn alarm systems company shall notify the municipality in which the alarm system is located of an installation or activation of an alarm system not later than the 30th day after the date of the installation or activation. The alarm systems company shall provide to the municipality:

(1)iithe alarm systems company name;

(2)iithe alarm systems company license number;

(3)iithe name of the occupant of the alarm system location;

(4)iithe address of the alarm system location; and

(5)iithe date of installation or activation.

(c)iiInformation provided to a governmental body under this section is confidential and subject to disclosure only as provided under Section 1702.284.

4352 79th LEGISLATURE — REGULAR SESSION

(d)iiAn alarm systems company commits an offense if the company violates Subsection (a) or (b). An offense under this subsection is a Class C misdemeanor.

(e)iiThe duties imposed by this section on an alarm systems company do not apply to the installation or activation of a personal emergency response system, as defined under Section 1702.331.

Sec.i1702.287.iiDETECTION DEVICE CONTROL PANELS; MINIMUM STANDARDS. An alarm systems company may not install any alarm system on or after January 1, 2007, that includes a detection device control panel unless the control panel meets or exceeds the standards of the American National Standards Institute for false alarm reduction.

Sec.i1702.288.iiNOTICE OF CERTAIN INFORMATION TO RECIPIENT OF ALARM SYSTEM SERVICES. (a) The board shall adopt rules in accordance with this section that require a license holder acting as an alarm systems company under this chapter to inform each of the license holder's clients that the client is entitled to receive a written contract for alarm system services that contains the client's fee arrangement and other relevant information about services to be rendered.

(b)iiThe rules shall require that a written contract for alarm system services shall be furnished to a client in accordance with Subsection (a) not later than the seventh day after the date the client requests the written contract.

(c)iiThe rules shall require that the written contract for services shall be dated and signed by the owner or manager of an alarm systems company or a person expressly authorized by the owner or manager to sign written contracts on behalf of the company.

(d)iiThe rules shall require that, not later than the seventh day after the date of entering into a contract for services regulated by the board with another alarm systems company or alarm systems monitor, an alarm systems company shall:

(1)iinotify the recipient of those services of the name, address, and telephone number, and individual to contact at the company that purchased the contract;

(2)iinotify the recipient of services at the time the contract is negotiated that another licensed company may provide any of the services requested by subcontracting or outsourcing those services; and

(3)iiif any of the services are subcontracted or outsourced to a licensed third party, notify the recipient of services, by mail, of the name, address, phone number, and license number of the company providing those services.

(e)iiThe rules shall require that notice provided to a recipient of services under Subsection (d) shall:

(1)iibe mailed to the recipient in a written form that emphasizes the required information; and

(2)iiinclude stickers or other materials to be affixed to an alarm system indicating the alarm systems company's or alarm systems monitor's new telephone number.

SECTIONi___.iiSection 1702.286, Occupations Code, as added by this Act, applies only to an alarm system installed or activated on or after January 1, 2006.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4353

Amendment No. 2 - Point of Order

Representative Pickett raised a point of order against further consideration of Amendment No. 2 under Rule 11, Section 2 of the House Rules on the grounds that it is not germane to the bill.

The chair overruled the point of order.

Amendment No. 2 was adopted.

SB 568, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Harper-Brown recorded voting no.)

SB 568 - STATEMENT OF LEGISLATIVE INTENT

It is my intent that with the passage of SB 568 alarm companies currently regulated by DPS will continue to be regulated by DPS, even if they include Personal Emergency Response Services in their menu of available services and would not need to seek any additional license for the provision of Personal Emergency Response Services.

Those companies currently regulated by the DSHS for Personal Emergency Response Services that would expand their menu of services to include those items currently covered by DPS will need to apply to DPS for the appropriate licensure.

Truitt

CSSB 330 ON SECOND READING
(McReynolds - House Sponsor)

CSSB 330, A bill to be entitled An Act relating to the creation of a stroke committee and the development of a statewide stroke emergency transport plan.

Amendment No. 1

Representative McReynolds offered the following amendment to CSSBi330:

Amend CSSB 330 (House committee printing) as follows:

(1)iiIn SECTION 3 of the bill, in added Section 773.201, Health and Safety Code (page 1, lines 20-21) strike "to construct an emergency treatment system in" and substitute "that a statewide stroke emergency transport plan be developed for".

(2)iiIn SECTION 3 of the bill, in added Section 773.202(3)(B), Health and Safety Code, (page 2, line 10) strike "trauma system" and substitute "trauma care system, as defined by Section 773.003".

(3)iiIn SECTION 3 of the bill, in added Section 773.203(b)(1), Health and Safety Code (page 2, line 21) between "for accreditation" and "from" insert "in Vascular Neurology".

4354 79th LEGISLATURE — REGULAR SESSION

(4)iiIn SECTION 3 of the bill, in added Section 773.204(b)(3), Health and Safety Code (page 3, lines 22-23) strike "designated facility when rapid transport is appropriate" and substitute "stroke facility when rapid transport is appropriate and it is safe to bypass another health care facility".

(5)iiIn SECTION 4 of the bill (page 4, lines 8-11) strike Subsection (b) of that SECTION and reletter the subsequent subsection.

Amendment No. 1 was adopted.

Amendment No. 2

Representative Thompson offered the following amendment to CSSBi330:

Amend CSSB 330 as follows:

On page 2, following line 13, add Subsection (D) as follows and renumber subsequent subsections:

"(E) has a stroke team composed of emergency medicine, neurology, neurosurgery, radiology, nursing, laboratory, pharmacy and respiratory therapy. The team must be experienced in the administration of approved acute stroke treatment including thrombolysis."

Amendment No. 2 was withdrawn.

CSSB 330, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Harper-Brown recorded voting no.)

CSSB 809 ON SECOND READING
(Taylor - House Sponsor)

CSSB 809, A bill to be entitled An Act relating to the Texas Health Insurance Risk Pool.

Amendment No. 1

Representative Seaman offered the following amendment to CSSBi809:

Amend CSSB 809, house committee printing, by inserting the following new SECTION, appropriately numbered, and renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi____.iiSubchapter D, Chapter 1506, Insurance Code, is amended by adding Section 1506.160 to read as follows:

Sec.i1506.160.iiREIMBURSEMENT RATES. The health benefit coverage provided by the pool must provide payment or reimbursement for covered benefits to physicians and other health care providers at the lesser of:

(1)iithe rate specified in the contract between the physician and other health care provider and the pool or a preferred provider organization or health maintenance organization established by or contracting with the pool; or

(2)iithe applicable Medicare allowable rate.

Amendment No. 1 was withdrawn.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4355

Amendment No. 2

Representative Seaman offered the following amendment to CSSBi809:

Amend CSSB 809 (house committee printing) as follows:

(1) In SECTION 5 of the bill, in added Section 1506.2522, Insurance Code, strike the phrases "or retired employee" and "or retired employees" each place the phrases appear (page 4, line 26, and page 5, lines 4, 7-8, 13, 15, and 19).

(2) In SECTION 5 of the bill, in added Section 1506.2522, Insurance Code, following Subsection (d) (page 5, between lines 23 and 24), insert:

(e) In determining the number of enrolled individuals to report under this section, the health benefit plan issuer shall exclude individuals who are retired employees who are 65 years of age or older.

Amendment No. 2 was adopted.

(Speaker in the chair)

Amendment No. 3

Representative Taylor offered the following amendment to CSSBi809:

Amend CSSB 809 (House committee printing) as follows:

(1)iiIn SECTION 5 of the bill, in added Section 1506.2522, Insurance Code (page 5, between lines 23 and 24), insert the following new subsection:

(e)iiThis section expires September 1, 2007.

(2)iiIn SECTION 6 of the bill, strike amended Subsection (b), Section 1506.253, Insurance Code (page 6, lines 6-24), and substitute the following:

(b)iiThe amount of a health benefit plan issuer's assessment is computed by multiplying the total amount required to be assessed against all health benefit plan issuers by a number computed by dividing:

(1)iithe gross premiums collected by the issuer for health benefit plans in this state during the preceding calendar year; by

(2)iithe gross premiums collected by all issuers for health benefit plans in this state during the preceding calendar year.

(b-1)iiNotwithstanding Subsection (b), to compute the amount of a health benefit plan issuer's assessment, if any, the board shall:

(1)iidivide the total amount to be assessed by the total number of enrolled individuals reported by all health benefit plan issuers under Section 1506.2522 as of the preceding December 31 to determine the per capita amount; and

(2)iimultiply the number of enrolled individuals reported by the health benefit plan issuer under Section 1506.2522 as of the preceding December 31 by the per capita amount to determine the amount assessed to that health benefit plan issuer.

(b-2)iiSubsection (b-1) and this subsection expire September 1, 2007.

(3)iiInsert the following new SECTION, numbered appropriately:

4356 79th LEGISLATURE — REGULAR SESSION

SECTIONi___.ii(a) The legislature shall establish a joint interim committee to study the deficit resulting from the net losses of the Texas Health Insurance Risk Pool and to recommend a method or formula for recouping any deficit that apportions the cost of those losses among the largest possible number of users of the health care system.

(b)iiNot later than September 1, 2006, the committee shall report its findings and recommendations to the governor, lieutenant governor, and speaker of the house of representatives.

(c)iiThe lieutenant governor and speaker shall determine the composition of the committee.

(d)iiThis section expires September 1, 2007.

(4)iiRenumber SECTIONS of the bill accordingly.

Amendment No. 3 was adopted.

Amendment No. 4

Representative Hochberg offered the following amendment to CSSBi809:

Amend CSSB 809 as follows:

(1) on page 3, line 27, strike "or"

(2) between page 3, line 27 and page 4, line 28 insert the following:

(E) evidence that the individual is covered by substantially similar individual coverage that excludes one or more conditions by rider; or

(3) Insert the following appropriately numbered section and renumber the remaining sections accordingly:

SECTION . Section 1506.153, Insurance Code, is amended to read as follows:

Sec. 1506.153. INELIGIBILITY FOR COVERAGE. Notwithstanding Sections 1506.152(a)-(d), an individual is not eligible for coverage from the pool if:

(1) on the date pool coverage is to take effect, the individual has health benefit plan coverage from a health benefit plan issuer or health benefit arrangement in effect, except as provided by Section 1506.152(a)(3)(E);

(2) at the time the individual applies to the pool, the individual is eligible for other health care benefits, including benefits from the continuation of coverage under Title X, Consolidated Omnibus Budget Reconciliation Act of 1985 (29 U.S.C. Section 1161 et seq.), as amended (COBRA), other than:

(A) coverage, including COBRA or other continuation coverage or conversion coverage, maintained for any preexisting condition waiting period under a pool policy;

(B) employer group coverage conditioned by a limitation of the kind described by Section 1506.152(a)(3)(A) or (C); or

(C) individual coverage conditioned by a limitation described by Section 1506.152(a)(3)(C), [or] (D), or (E);

(3) within 12 months before the date the individual applies to the pool, the individual terminated coverage in the pool, unless the individual demonstrates a good faith reason for the termination;

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4357

(4) the individual is confined in a county jail or imprisoned in a state or federal prison;

(5) any of the individual's premiums are paid for or reimbursed under a government-sponsored program or by a government agency or health care provider, other than as an otherwise qualifying full-time employee of a government agency or health care provider or as a dependent of such an employee;

(6) the individual's prior coverage with the pool was terminated:

(A) during the 12-month period preceding the date of application for nonpayment of premiums; or

(B) for fraud; or

(7) the individual is eligible for health benefit plan coverage provided in connection with a policy, plan, or program paid for or sponsored by an employer, even though the employer coverage is declined.

SECTION . Section 1506.156, Insurance Code, is amended to read as follows:

Sec. 1506.156. BENEFIT REDUCTION; CERTAIN COVERAGES SECONDARY. (a) The pool shall reduce benefits otherwise payable under pool coverage by:

(1) the total amount paid or payable through any other health benefit plan or health benefit arrangement; and

(2) the total amount of hospital or medical expense benefits paid or payable under:

(A) workers' compensation coverage;

(B) automobile insurance, regardless of whether provided on the basis of fault or no fault; or

(C) a state or federal law or program.

(b) Pool coverage provided under Section 1506.152(a)(3)(E) is secondary to the individual coverage described by that paragraph for any period during which that individual coverage is in effect.

Amendment No. 4 was adopted.

CSSB 809, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Herrero recorded voting no.)

SB 282 ON SECOND READING
(Villarreal - House Sponsor)

SB 282, A bill to be entitled An Act relating to disclosure and use of sales price information for ad valorem tax purposes.

Representative Villarreal moved to postpone consideration of SBi282 until June 1.

The motion prevailed.

4358 79th LEGISLATURE — REGULAR SESSION

CSSB 1227 ON SECOND READING
(Morrison - House Sponsor)

CSSB 1227, A bill to be entitled An Act relating to enrollment in public and private postsecondary educational institutions, to payment of the costs of attending those educational institutions, and to financial aid and other measures to assist students to pay those costs.

Amendment No. 1

Representative Morrison offered the following amendment to CSSBi1227:

Amend CSSB 1227 (House committee printing) as follows:

(1)iiIn SECTION 3 of the bill, in amended Subdivision (3), Subsection (a), Section 52.32, Education Code (page 3, line 11), between "education" and the semicolon, insert "or alternative educator certification program".

(2)iiIn SECTION 3 of the bill, strike amended Subdivision (4), Subsection (a), Section 52.32, Education Code (page 3, lines 12-13), and substitute the following:

(4)iihas submitted to the board at least two references, including the names of the persons giving those references and appropriate contact information for those persons [been recommended by reputable persons in his home community]; and

(3)iiAdd the following appropriately numbered SECTIONS to the bill and renumber existing SECTIONS of the bill accordingly:

SECTIONi____.iiSection 52.33, Education Code, is amended to read as follows:

Sec.i52.33.iiAMOUNT OF LOAN. The amount of the loan to any qualified applicant shall be limited to the difference between the financial resources available to the applicant [him], including but not limited to the applicant's [his] income from parents and other sources, scholarships, gifts, grants, other financial aid, and the amount the applicant [he] can reasonably be expected to earn, and the amount necessary to pay the applicant's [his] reasonable expenses as a student at the participating institution of higher education where the applicant [he] has been accepted for enrollment, under the rules and regulations adopted by the board. The total loan to any individual student may never be more than the amount the student [he] can reasonably be expected to repay in the [a] maximum loan period provided by board rule [of 10 years after he is last enrolled in a participating institution], except as otherwise provided for in this chapter.

SECTIONi____.iiSection 52.35, Education Code, is amended to read as follows:

Sec.i52.35.iiTERM OF LOANS. The term of all authorized loans must be for the shortest possible period consistent with general practice by issuers of student loans, as determined by the board. [However, no loan may be made to any student for a period longer than 10 years from the date he is last enrolled in a participating institution.]

Amendment No. 1 was adopted.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4359

Amendment No. 2

Representative J. Jones offered the following amendment to CSSBi1227:

Amend CSSB 1227 (House Committee Printing) in SECTION 43 of the bill, at the end of added Section 61.2251, Education Code (page 39, between lines 18 and 19), by inserting the following:

(f) Subsection (c)(3) does not apply to a student who:

(1) is currently enrolled in an approved institution at which 40 percent or more of the total number of the institution's students are members of ethnic or racial groups that are underrepresented among undergraduate students at public or private institutions of higher education in this state; and

(2) has not yet completed 48 semester credit hours at a public or private institution of higher education in this state.

(McCall in the chair)

Amendment No. 2 was withdrawn.

Amendment No. 3

Representative McClendon offered the following amendment to CSSBi1227:

Amend CSSB 1227 (House committee printing) by adding the following appropriately numbered SECTIONS of the bill and renumbering existing SECTIONS of the bill accordingly:

SECTIONi__.ii(a) Section 51.801, Education Code, is amended to read as follows:

Sec.i51.801.iiDEFINITIONS. In this subchapter, "general academic teaching institution," "governing board," "medical and dental unit," "public junior college," "public technical institute," and "university system" have the meanings assigned by Section 61.003.

(b)iiSubchapter U, Chapter 51, Education Code, is amended by adding Section 51.8065 to read as follows:

Sec.i51.8065.iiAUTOMATIC ADMISSION: UNDERGRADUATE TRANSFER STUDENTS HOLDING ASSOCIATE DEGREES OR CERTIFICATES. (a) In this section, "public upper-level institution of higher education" means an institution of higher education that offers only junior-level and senior-level courses or only junior-level, senior-level, and graduate-level courses.

(b)iiExcept as provided by Subsection (g), each general academic teaching institution shall admit an applicant for admission to the institution as an undergraduate transfer student if in the year preceding the academic year for which the applicant is applying for admission under this section the applicant:

(1)iireceived a degree or certificate from a public junior college or public technical institute in a program requiring at least 42 semester credit hours in the core curriculum, as defined by Section 61.821; and

(2)iicompleted the degree or certificate program with a cumulative grade point average of at least a 3.0 on a four-point scale or the equivalent.

4360 79th LEGISLATURE — REGULAR SESSION

(c)iiTo qualify for admission under this section, an applicant must submit an application before the expiration of any application filing deadline established by the institution.

(d)iiAfter admitting an applicant under this section, the institution may review the applicant's record and any other factor the institution considers appropriate to determine whether the applicant may require additional preparation for college-level work or would benefit from inclusion in a retention program. The institution may require a student so identified to enroll during the summer immediately after the student is admitted under this section to participate in appropriate enrichment courses and orientation programs. This section does not prohibit a student who is not determined to need additional preparation for college-level work from enrolling, if the student chooses, during the summer immediately after the student is admitted under this section.

(e)iiAdmission to a specific general academic teaching institution is contingent on the availability of space within the institution for the admission of additional students.

(f)iiAdmissions to a particular program or school within a general academic teaching institution are based solely on the requirements of the institution.

(g)iiThis section does not apply to admission to:

(1)iia public upper-level institution of higher education; or

(2)iiany other general academic teaching institution if, with respect to the academic year for which an undergraduate transfer student has applied for admission, the institution has filled through automatic admission as required by the other provisions of this subchapter at least 50 percent of the spaces available for entering undergraduate students at the institution.

(c)iiThe Texas Higher Education Coordinating Board and the governing board of each general academic teaching institution shall adopt rules or policies relating to the admission of students under Section 51.8065, Education Code, as added by this section, not later than February 1, 2006.

(d)iiSection 51.8065, Education Code, as added by this section, applies beginning with admissions for the 2006 fall semester.

Amendment No. 3 was adopted.

Amendment No. 4

Representative Harper-Brown offered the following amendment to CSSBi1227:

Amend CSSB 1227 (House committee printing) by adding the following appropriately numbered ARTICLE and renumbering subsequent ARTICLES accordingly:

ARTICLE __. TREATMENT OF CERTAIN FEES RECEIVED BY INSTITUTIONS OF HIGHER EDUCATION

SECTION __.01. Section 51.009(c), Education Code, is amended to read as follows:

(c) Each of the following shall be accounted for as educational and general funds:

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4361

(1) net tuition, special course fees charged under Sections 54.051(e) and (l), Education Code, lab fees, student teaching fees, [hospital and clinic fees,] organized activity fees, proceeds from the sale of educational and general equipment, and indirect cost recovery fees; and

(2) hospital and clinic fees received by a state-owned clinical care facility that is operated using general revenue fund appropriations for patient care.

SECTION __.02. Section 51.009(c), Education Code, as amended by this article, applies to fees collected on or after the effective date of this Act. A fee collected before that date is governed by the law in effect when the fee is collected, and that law is continued in effect for that purpose.

Amendment No. 4 was withdrawn.

Amendment No. 5

Representative Turner offered the following amendment to CSSBi1227:

Amend CSSB 1227 (House committee printing) as follows:

(1) In SECTION 26 of the bill, in Subsection (e)(2)(B), Section 56.305, Education Code (page 20, line 24), strike "2.5" and substitute "2.0 [2.5]".

(2) In SECTION 26 of the bill, in added Subsection (e-1)(2)(B), Section 56.305, Education Code (page 21, line 10), strike "2.5" and substitute "2.0".

(3) In SECTION 34 of the bill, in Subsection (d)(2)(B), Section 56.405, Education Code (page 30, line 15), strike " 2.5" and substitute "2.0 [2.5]".

(4) In SECTION 43 of the bill, in added Subsection (c)(3), Section 61.2251, Education Code (page 38, line 24), strike "2.5" and substitute "2.0".

Representative Morrison moved to table Amendment No. 5.

A record vote was requested.

The motion to table was lost by (Record 809): 20 Yeas, 104 Nays, 2 Present, not voting.

Yeas — Bohac; Crabb; Crownover; Dawson; Goolsby; Grusendorf; Hamric; Harper-Brown; Hope; Jackson; Keel; Keffer, B.; King, P.; Kolkhorst; Laubenberg; Miller; Morrison; Paxton; Riddle; Zedler.

Nays — Allen, A.; Allen, R.; Alonzo; Anchia; Bailey; Berman; Blake; Bonnen; Branch; Brown, B.; Burnam; Callegari; Casteel; Chavez; Chisum; Coleman; Cook, B.; Cook, R.; Corte; Davis, J.; Davis, Y.; Denny; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Escobar; Farabee; Farrar; Flynn; Frost; Gallego; Geren; Gonzales; Gonzalez Toureilles; Goodman; Griggs; Guillen; Haggerty; Hamilton; Hardcastle; Hegar; Herrero; Hilderbran; Hill; Hochberg; Homer; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Jones, J.; Keffer, J.; King, T.; Kuempel; Laney; Leibowitz; Luna; Madden; Martinez; Martinez Fischer; McReynolds; Menendez; Merritt; Moreno, P.; Mowery; Naishtat; Nixon; Noriega, M.; Olivo; Orr; Otto; Peña; Phillips; Pickett; Puente; Raymond; Ritter; Rodriguez; Rose; Smith, T.; Smith, W.; Solis; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Uresti; Veasey; Villarreal; Vo; West; Wong; Woolley.

4362 79th LEGISLATURE — REGULAR SESSION

Present, not voting — Mr. Speaker; McCall(C).

Absent, Excused — Castro; Hodge.

Absent, Excused, Committee Meeting — Giddings; Solomons.

Absent — Anderson; Baxter; Brown, F.; Campbell; Delisi; Driver; Flores; Gattis; Hartnett; Krusee; McClendon; Oliveira; Pitts; Quintanilla; Reyna; Seaman; Smithee; Turner; Van Arsdale.

STATEMENTS OF VOTE

When Record No. 809 was taken, I was in the house but away from my desk. I would have voted no.

Anderson

I was shown voting yes on Record No. 809. I intended to vote no.

Kolkhorst

When Record No. 809 was taken, I was in the house but away from my desk. I would have voted no.

McClendon

I was shown voting yes on Record No. 809. I intended to vote no.

Miller

Amendment No. 5 was adopted.

Amendment No. 6

Representative Rose offered the following amendment to CSSBi1227:

Amend CSSB 1227 (House committee printing) as follows:

(1) In Section 43 of the bill, in added Subdivision (2), Subsection (b), Section 61.2251, Education Code (page 37, line 26), between "(2)" and "be enrolled", insert "if the person is enrolled in an undergraduate degree or certificate program,".

(2) In Section 43 of the bill, strike added Subdivisions (1)-(3), Subsection (c), Section 61.2251, Education Code (page 38, lines 15-26), and substitute the following:

(1) meets the requirements of Subsection (b); and

(2) if the person is enrolled in an undergraduate degree or certificate program:

(A) completed at least 24 semester credit hours in the person's most recent academic year; and

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

Amendment No. 6 was adopted.

Amendment No. 7

Representative Rose offered the following amendment to CSSBi1227:

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4363

Amend CSSB 1227 by adding the following SECTIONS to the bill and renumbering subsequent SECTIONS of the bill appropriately:

SECTIONi____.iiSection 51.351(1), Education Code, is amended to read as follows:

(1)ii"General academic teaching institution," "governing board," "institution of higher education," "medical and dental unit," "public junior college," and "university system" have the meanings assigned by Section 61.003 [of this code].

SECTIONi____.iiSubchapter G, Chapter 51, Education Code, is amended by adding Sections 51.355 and 51.356 to read as follows:

Sec.i51.355.iiNONVOTING STUDENT REGENT; UNIVERSITY SYSTEM BOARD OF REGENTS. (a) In this section, "student government" means the representative student organization directly elected by the student body of a general academic teaching institution or medical and dental unit.

(b)iiThe chancellor of each university system shall develop a uniform application form to be used by each general academic teaching institution and medical and dental unit in the university system to solicit applicants for the position of student regent.

(c)iiExcept as provided by Subsection (f), not later than September 1 of each year, the student government of each general academic teaching institution and medical and dental unit in a university system shall solicit applicants for the position of student regent. Not later than November 1, from among the applications received by the student government, the student government shall select five applicants as the student government's recommendations for the position of student regent and send the applications of those applicants, with the name of each applicant and the name of the institution or unit in which the applicant is enrolled removed, to the chancellor of the university system. From among those applicants, the chancellor shall select two or more applicants as the university system's recommendations for the position of student regent and shall send the applications of those applicants to the governor not later than December 1. The governor may request to review all applications for the position of student regent received by the student governments and may request to review information required to be removed from an application by a student government under this subsection. On February 1, or as soon thereafter as practicable, the governor shall appoint one of the applicants to serve as the student regent for the system for a one-year term expiring on the next February 1. The governor is not required to appoint an applicant recommended by the chancellor.

(d)iiA student regent must be enrolled as an undergraduate or graduate student in a general academic teaching institution or medical and dental unit in the university system at the time of appointment and throughout the student regent's term. For purposes of this subsection, a person is considered to be enrolled in an institution or unit for a summer term if the person was enrolled in the institution or unit for the preceding semester and:

(1)iiis registered or preregistered at the institution or unit for the following fall semester;

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(2)iiif the person has not completed the person's degree program, is eligible to continue the degree program at the institution or unit in the following fall semester; or

(3)iiif the person completed a degree program in the preceding semester, is admitted to another degree program at the institution or unit for the following fall semester.

(e)iiA student regent is not a member of the board of regents of the system for which the student regent is appointed. A student regent has the same powers and duties as the members of the board of regents of the system, including the right to attend and participate in meetings of the board of regents, except that the student regent:

(1)iimay not vote on any matter before the board or make or second any motion before the board; and

(2)iiis not counted in determining whether a quorum exists for a meeting of the board or in determining the outcome of any vote of the board.

(f)iiThe student government of the general academic teaching institution or medical and dental unit at which a current student regent was enrolled at the time of the student regent's appointment may not solicit applicants for the position of student regent for the next regular term of the position.

(g)iiA vacancy in the position of student regent for a university system shall be filled for the unexpired term by appointment by the governor in consultation with the chancellor of the system.

Sec.i51.356.iiNONVOTING STUDENT REGENT; INSTITUTION BOARD OF REGENTS. (a) This section applies only to a general academic teaching institution that is not a part of a university system.

(b)iiIn this section, "student government" means the representative student organization directly elected by the student body of a general academic teaching institution.

(c)iiThe president of a general academic teaching institution shall develop a uniform application form to be used to solicit applicants for the position of student regent.

(d)iiNot later than September 1 of each year, the student government of the general academic teaching institution shall solicit applicants for the position of student regent. Not later than November 1, from among the applications received by the student government, the student government shall select five applicants as the student government's recommendations for the position of student regent and send the applications of those applicants, with the name of each applicant removed, to the president of the institution. From among those applicants, the president shall select two or more applicants as the institution's recommendations for the position of student regent and shall send the applications of those applicants to the governor not later than December 1. The governor may request to review all applications for the position of student regent received by the student government and may request to review information required to be removed from an application by the student government under this subsection. On February 1, or as soon thereafter as practicable, the governor shall appoint

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(e)iiA student regent must be enrolled as an undergraduate or graduate student in the general academic teaching institution at the time of appointment and throughout the student regent's term. For purposes of this subsection, a person is considered to be enrolled in an institution for a summer term if the person was enrolled in the institution for the preceding semester and:

(1)iiis registered or preregistered at the institution for the following fall semester;

(2)iiif the person has not completed the person's degree program, is eligible to continue the degree program at the institution in the following fall semester; or

(3)iiif the person completed a degree program in the preceding semester, is admitted to another degree program at the institution for the following fall semester.

(f)iiA student regent is not a member of the board of regents of the institution for which the student regent is appointed. A student regent has the same powers and duties as the members of the board of regents of the institution, including the right to attend and participate in meetings of the board of regents, except that the student regent:

(1)iimay not vote on any matter before the board or make or second any motion before the board; and

(2)iiis not counted in determining whether a quorum exists for a meeting of the board or in determining the outcome of any vote of the board.

(g)iiA vacancy in the position of student regent for an institution shall be filled for the unexpired term by appointment by the governor in consultation with the president of the institution.

SECTIONi____.iiThe initial term of a student regent appointed for a state university system under Section 51.355, Education Code, as added by this Act, or for a state university under Section 51.356, Education Code, as added by this Act, expires February 1, 2007. The appropriate student governments, the chancellor of each state university system, the president of each state university that is not a part of a university system, and the governor shall take the actions required by Sections 51.355 and 51.356, Education Code, as added by this Act, as soon as practicable after this Act takes effect to select a student regent for each state university or state university system for that initial term.

Amendment No. 7 was adopted.

Amendment No. 8

Representative Campbell offered the following amendment to CSSBi1227:

Amend CSSB 1227 by adding the following new SECTIONS, appropriately numbered, and renumbering subsequent SECTIONS of the bill accordingly:

SECTION . Subchapter M, Chapter 56, Education Code, is amended by adding Section 56.3012 to read as follows:

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Sec. 56.3012. PILOT PROJECT TO PROVIDE INCENTIVES FOR ATTENDANCE AT UNDERUTILIZED PUBLIC INSTITUTIONS. (a) The coordinating board shall establish a TEXAS grant pilot project as provided by this section to encourage students to attend eligible public institutions of higher education that offer extensive baccalaureate degree program options and that have sufficient facilities, administrative infrastructure, and faculty to serve additional students in order to reduce the need for this state to construct additional facilities or hire additional faculty at other institutions of higher education.

(b) From money available under Section 56.310 for purposes of this subchapter and money available under Section 56.464 for purposes of Subchapter Q, the coordinating board shall set aside sufficient money to provide TEXAS grants for the 2005-2006 and 2006-2007 academic years to students who are initially eligible for a grant under Section 56.304 or 56.3041 in either of those years as follows:

(1) for not more than 400 additional students in excess of the total of fall 2004 TEXAS Grant awards at Angelo State University; and

(2) for not more than 200 additional students in excess of the total of fall 2004 TEXAS Grant awards at Sul Ross State University.

(c) To the extent money set aside under Subsection (b) is available for the purpose, a person awarded a grant as provided by Subsection (b) who continues to be eligible for a grant under Section 56.305 may receive a grant from the money set aside. If money set aside under Subsection (b) is not available to pay for a grant for a person awarded a grant as provided by Subsection (b) who continues to be eligible for a grant under Section 56.305, the person may receive a grant from the money available under Section 56.310 on the same basis as other TEXAS grant applicants.

(d) The coordinating board shall reallocate for grants under this subchapter or for loans under Subchapter Q, as applicable, any money set aside for purposes of the TEXAS grant pilot project that is not used in the academic year for which the money is set aside. Money reallocated under this subsection may be used at any eligible institution under this subchapter or Subchapter Q.

(e) Except as otherwise specifically provided by this section, this subchapter applies to a TEXAS grant awarded under this section.

(f) The coordinating board shall develop criteria for evaluating the TEXAS grant pilot project and, based on that evaluation, not later than January 1, 2007, shall report to the 80th Legislature the coordinating board's recommendations concerning whether to continue, expand to other underutilized eligible public institutions of higher education, or discontinue the TEXAS grant pilot project.

SECTION . The Texas Higher Education Coordinating Board shall adopt rules to administer Section 56.3012, Education Code, as added by this Act, as soon as practicable after the date this Act takes effect. For that purpose, the board may adopt the initial rules in the manner provided by law for adoption of emergency rules.

Amendment No. 8 was adopted.

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Amendment No. 9

Representative Harper-Brown offered the following amendment to CSSBi1227:

Amend CSSB 1227 (House committee printing) by adding the following appropriately numbered ARTICLE and renumbering subsequent ARTICLES accordingly:

ARTICLE . TREATMENT OF CERTAIN FEES RECEIVED BY INSTITUTIONS OF HIGHER EDUCATION

SECTION .01. Section 51.009(c), Education Code, is amended to read as follows:

(c) Each of the following shall be accounted for as educational and general funds:

(1) net tuition, special course fees charged under Sections 54.051(e) and (l), Education Code, lab fees, student teaching fees, [hospital and clinic fees,] organized activity fees, proceeds from the sale of educational and general equipment, and indirect cost recovery fees; and

(2) hospital and clinic fees received by a state-owned clinical care facility that is operated using general revenue fund appropriations for patient care.

SECTION .02. Section 51.009(c), Education Code, as amended by this article, applies to fees collected on or after the effective date of this Act. A fee collected before that date is governed by the law in effect when the fee is collected, and that law is continued in effect for that purpose.

Amendment No. 9 was withdrawn.

Amendment No. 10

Representative Uresti offered the following amendment to CSSBi1227:

Amend CSSB 1227 by adding the following appropriately numbered Sections to the bill and renumbering the remaining Sections of the bill appropriately:

SECTIONi__.iiSection 54.203, Education Code, is amended by amending Subsections (a), (e), and (g) and adding Subsections (h) and (i) to read as follows:

(a)iiThe governing board of each institution of higher education shall exempt the following persons from the payment of all dues, fees, and charges, including fees for correspondence courses but excluding property deposit fees, student services fees, and any fees or charges for lodging, board, or clothing, provided the persons seeking the exemptions were citizens of Texas at the time they entered the services indicated and have resided in Texas for at least the period of 12 months before the date of registration:

(1)iiall nurses and honorably discharged members of the armed forces of the United States who served during the Spanish-American War or during World War I;

(2)iiall nurses, members of the Women's Army Auxiliary Corps, members of the Women's Auxiliary Volunteer Emergency Service, and all honorably discharged members of the armed forces of the United States who

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(3)iiall honorably discharged men and women of the armed forces of the United States who served during the national emergency which began on June 27, 1950, and which is referred to as the Korean War; and

(4)iiall persons who were honorably discharged from the armed forces of the United States after serving on active military duty, excluding training, for more than 180 days and who served a portion of their active duty during:

(A)iithe Cold War which began on the date of the termination of the national emergency cited in Subdivision (3) and ended on December 26, 1991 [of this subsection];

(B)iithe Vietnam era which began on December 21, 1961, and ended on May 7, 1975;

(C)iithe Grenada and Lebanon era which began on August 24, 1982, and ended on July 31, 1984;

(D)iithe Panama era which began on December 20, 1989, and ended on January 21, 1990;

(E)iithe Persian Gulf War which began on August 2, 1990, and ends on the date thereafter prescribed by Presidential proclamation or September 1, 1997, whichever occurs first; or

(F)iiany future national emergency declared in accordance with federal law.

(e)iiAn [The] exemption from fees provided for in Subsection (a) or (h) [of this section] does not apply to a person if at the time of the person's [his] registration the person [he] is eligible for educational benefits under federal legislation in effect at the time of [his] registration if the value of those benefits is equal to or exceeds the value of the exemption, except that the person must first utilize the federal benefit for which the person [he] is eligible and the combined amount of the federal benefit plus the amount of this waiver shall not exceed the maximum value of the waiver. A person is covered by the exemptions if the person's [his] right to benefits under federal legislation is extinguished at the time of [his] registration, except that a person is not eligible for an exemption from fees under this section if the person's right to benefits under federal legislation is extinguished because the person is in default of repayment of a loan made to the person under a federal program to provide or guarantee loans for educational purposes. A person is not eligible for the exemption if the person is in default on a loan made or guaranteed for educational purposes by the State of Texas.

(g)iiThe governing board of a junior college district may provide that the exemptions provided by Subsections (a), [and] (b), and (h) do not apply to a course fee or training fee charged a student by the junior college district to cover the flight time costs associated with a course in aircraft flight training, to the extent those costs are incurred by a student:

(1)iiwho does not have a private pilot rating; or

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(2)iiwho has a private pilot rating but is not actively seeking to fulfill the requirements of the Federal Aviation Administration for an additional certification or rating.

(h)iiThe Texas Higher Education Coordinating Board by rule shall prescribe procedures to allow a person who becomes eligible for an exemption provided by Subsection (a) before September 1, 2015, to waive the person's right to any unused portion of the maximum number of cumulative credit hours for which the person could receive the exemption and assign the exemption for the unused portion of those credit hours to one of the person's children. The procedures shall provide:

(1)iithe manner in which a person may waive the exemption and designate a child to receive the exemption;

(2)iia procedure permitting the person to designate a different child to receive the exemption if the child previously designated to receive the exemption has never received an exemption under this section; and

(3)iia method of documentation to enable institutions of higher education to determine the eligibility of the designated person to receive the exemption.

(i)iiTo be eligible to receive an exemption under Subsection (h), a person must:

(1)iibe an undergraduate student who is classified as a resident under Subchapter B when the person enrolls in an institution of higher education;

(2)iimake satisfactory academic progress toward a degree or certificate as determined by the institution at which the person is enrolled, except that the institution may not require the person to enroll in a minimum course load;

(3)iiin each academic year in which the person receives an exemption for any of the credit hours assigned to the person under Subsection (h), perform a number of hours of community service equal to one-third of the total number of credit hours assigned to the person under Subsection (h) for each of the following:

(A)iia veterans organization; and

(B)iithe institution in which the person is enrolled; and

(4)iibe less than 28 years old, except that the coordinating board by rule shall prescribe procedures by which a person who suffered from a severe illness or other debilitating condition that affected the person's ability to use the exemption before reaching that age may be granted additional time to use the exemption corresponding to the time the person was unable to use the exemption because of the illness or condition.

SECTIONi__.ii(a) The change in law made by this Act to Section 54.203(a)(4), Education Code, applies only to a person who is honorably discharged from the armed forces of the United States on or after the effective date of this Act.

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(b)iiSection 54.203, Education Code, as amended by this Act, applies beginning with tuition and other fees charged for the 2005 fall semester. Tuition and other fees charged for an academic period before the 2005 fall semester are covered by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

(c)iiThe Texas Higher Education Coordinating Board shall prescribe the procedures required by Sections 54.203(h) and (i), Education Code, as added by this Act, as soon as practicable after the effective date of this Act. For that purpose, the coordinating board may adopt the initial rules prescribing those procedures in the manner provided by law for emergency rules.

Amendment No. 10 was adopted.

Amendment No. 11

On behalf of Representative McCall, Representative F. Brown offered the following amendment to CSSBi1227:

Amend CSSB 1227 by adding the following appropriately numbered section:

SECTIONi___.iiNotwithstanding other law, a provision if this Act that requires a tuition or fee exemption that did not exist on January 1, 2005, is effective only to the extent that funds are expressly appropriated for that purpose.

Amendment No. 11 was adopted.

Amendment No. 12

Representative Harper-Brown offered the following amendment to CSSBi1227:

Amend CSSB 1227 (House committee printing) as follows:

(1)iiAdd the following appropriately numbered SECTIONS to the bill:

SECTIONi__.iiSection 56.301, Education Code, is amended to read as follows:

Sec.i56.301.iiDEFINITIONS. In this subchapter:

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

(2)ii"Eligible institution" means[:

[(A)]iian institution of higher education that offers one or more undergraduate degree or certification programs[; or

[(B)iia private or independent institution of higher education].

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

SECTIONi___.iiSubsection (b), Section 56.302, Education Code, is amended to read as follows:

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

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SECTIONi__.iiSubchapter M, Chapter 56, Education Code, is amended by adding Section 56.3021 to read as follows:

Sec.i56.3021.iiSTUDENTS ENROLLED IN PRIVATE OR INDEPENDENT INSTITUTIONS: LIMITED ELIGIBILITY FOR GRANT. (a) Notwithstanding any other provision of this subchapter, a student who was initially awarded a TEXAS grant under this subchapter to pay the costs of enrollment in a private or independent institution of higher education for the 2005 fall semester or an earlier academic period may continue to receive grants under this subchapter while enrolled in a private or independent institution of higher education if the student is otherwise eligible to receive a grant under this subchapter.

(b)iiFor purposes of determining the eligibility of a student to continue to receive a grant under this section, a reference in this subchapter to an eligible institution includes a private or independent institution of higher education.

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

(d)iiNotwithstanding Subsection (c) or other law, the total amount of financial aid that a student enrolled in a private or independent institution of higher education is eligible to receive in a state fiscal year from TEXAS grants awarded under this section may not exceed the maximum amount the student may receive in tuition equalization grants in that fiscal year as determined under Subchapter F, Chapter 61.

(e)iiNotwithstanding Subsection (c) or other law, a student enrolled in a private or independent institution of higher education may not receive a TEXAS grant under this section and a tuition equalization grant under Subchapter F, Chapter 61, for the same semester or other term, regardless of whether the student is otherwise eligible for both grants during that semester or term. A student who but for this subsection would be awarded both a TEXAS grant and a tuition equalization grant for the same semester or other term is entitled to receive only the grant of the greater amount.

(f)iiThis section expires September 1, 2015.

(2)iiIn SECTION 25 of the bill (page 19, lines 6-8), strike the recital and substitute "Section 56.304, Education Code, is amended by amending Subsections (a) and (e) and adding Subsections (e-1) and (e-2) to read as follows:".

(3)iiIn SECTION 25 of the bill, between the recital and amended Subsection (e), Section 56.304, Education Code (page 19, between lines 8 and 9), insert the following:

(a)iiTo be eligible initially for a TEXAS grant, a person must:

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

(2)iimeet either of the following academic requirements:

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

(B)iihave received an associate degree from a public or private [an eligible] institution of higher education not earlier than May 1, 2001;

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

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

(5)iibe enrolled as:

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

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

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

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

(4)iiIn SECTION 26 of the bill, in Paragraph (B), Subdivision (2), of amended Subsection (e), Section 56.305, Education Code (page 20, line 25), between "attempted at" and "institutions", insert "public or private".

(5)iiIn SECTION 26 of the bill, in proposed Paragraph (B), Subdivision (2), Subsection (e-1), Section 56.305, Education Code (page 21, line 11), between "attempted at" and "institutions", insert "public or private".

(6)iiIn the recital to SECTION 27 of the bill (page 22, line 1), strike "Subsections (b)" and substitute "Subsections (a)".

(7)iiIn SECTION 27 of the bill, strike amended Subsection (b), Section 56.307, Education Code (page 22, lines 3-9), and substitute the following:

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

(8)iiStrike SECTION 28 of the bill (page 24, lines 5-24).

(9)iiIn SECTION 43 of the bill, following proposed Subsection (e), Section 61.2251, Education Code (page 39, between lines 18 and 19), insert the following:

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

(1)iicompletes a semester or term during which the student is not eligible for a tuition equalization grant; and

(2)iimeets all the requirements of Subsection (c).

(10)iiIn SECTION 44 of the bill, strike proposed Subsection (d), Section 61.227, Education Code (page 39, line 21, through page 40, line 2), and substitute the following:

(d)iiNotwithstanding any restrictions provided by Subsection (c) on the amount of a grant, a tuition equalization grant for an academic period for a student who establishes exceptional financial need in accordance with the procedures and rules of the coordinating board may be certified by the coordinating board in an amount not to exceed 150 percent of the amount of the grant that the student would otherwise have been awarded for that period under the other provisions of this section.

(11)iiAdd the following appropriately numbered SECTION to the bill:

SECTIONi__.iiSubsection (b), Section 56.307, Education Code, is repealed.

(12)iiRenumber other SECTIONS of the bill accordingly.

Amendment No. 12 was withdrawn.

Amendment No. 13

Representative Howard offered the following amendment to CSSBi1227:

Amend CSSB 1227 by adding the following appropriately numbered SECTIONS to the bill and renumbering existing SECTIONS of the bill accordingly:

SECTIONi__.iiSection 56.304(a), Education Code, is amended to read as follows:

(a)iiTo be eligible initially for a TEXAS grant, a person must:

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

(2)iimeet either of the following academic requirements:

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

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

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

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

(5)iibe enrolled as:

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

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

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

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

SECTIONi__.iiSection 56.455, Education Code, is amended to read as follows:

Sec.i56.455.iiINITIAL ELIGIBILITY FOR LOAN. To be eligible initially for a Texas B-On-time loan, a person must:

(1)iibe a resident of this state for purposes of Subchapter B, Chapter 54;

(2)iimeet one of the following academic requirements:

(A)iibe a graduate of a public or [accredited] private high school, including a home school, in this state who graduated not earlier than the 2002-2003 school year under the recommended or advanced high school program established under Section 28.025(a); or

(B)iihave received an associate degree from an eligible institution not earlier than May 1, 2005;

(3)iibe enrolled for a full course load for an undergraduate student, as determined by the coordinating board, in an undergraduate degree or certificate program at an eligible institution;

(4)iibe eligible for federal financial aid, except that a person is not required to meet any financial need requirement applicable to a particular federal financial aid program; and

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

SECTIONi__.iiThe change in law made by this Act in amending Sections 56.304(a) and 56.455, Education Code, applies beginning with student financial aid awarded for the 2006-2007 academic year. The change in law does not affect student financial aid awarded for an academic period before that academic year, and the former law is continued in effect for that purpose.

Amendment No. 13 was adopted.

Amendment No. 14

Representative Campbell offered the following amendment to CSSBi1227:

Amend CSSB 1227 by adding the following new SECTIONS, appropriately numbered, and renumbering subsequent SECTIONS of the bill accordingly:

SECTION . Subchapter M, Chapter 56, Education Code, is amended by adding Section 56.3012 to read as follows:

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Sec. 56.3012. PILOT PROJECT TO PROVIDE INCENTIVES FOR ATTENDANCE AT UNDERUTILIZED PUBLIC INSTITUTIONS. (a) The coordinating board shall establish a TEXAS grant pilot project as provided by this section to encourage students to attend eligible public institutions of higher education that offer extensive baccalaureate degree program options and that have sufficient facilities, administrative infrastructure, and faculty to serve additional students in order to reduce the need for this state to construct additional facilities or hire additional faculty at other institutions of higher education.

(b) From money available under Section 56.310 for purposes of this subchapter and money available under Section 56.464 for purposes of Subchapter Q, the coordinating board shall set aside sufficient money to provide TEXAS grants for the 2005-2006 and 2006-2007 academic years to students who are initially eligible for a grant under Section 56.304 or 56.3041 in either of those years as follows:

(1) for not more than 400 additional students in excess of the total of fall 2004 TEXAS Grant awards at Angelo State University; and

(2) for not more than 200 additional students in excess of the total of fall 2004 TEXAS Grant awards at Sul Ross State University.

(c) To the extent money set aside under Subsection (b) is available for the purpose, a person awarded a grant as provided by Subsection (b) who continues to be eligible for a grant under Section 56.305 may receive a grant from the money set aside. If money set aside under Subsection (b) is not available to pay for a grant for a person awarded a grant as provided by Subsection (b) who continues to be eligible for a grant under Section 56.305, the person may receive a grant from the money available under Section 56.310 on the same basis as other TEXAS grant applicants.

(d) The coordinating board shall reallocate for grants under this subchapter or for loans under Subchapter Q, as applicable, any money set aside for purposes of the TEXAS grant pilot project that is not used in the academic year for which the money is set aside. Money reallocated under this subsection may be used at any eligible institution under this subchapter or Subchapter Q.

(e) Except as otherwise specifically provided by this section, this subchapter applies to a TEXAS grant awarded under this section.

(f) The coordinating board shall develop criteria for evaluating the TEXAS grant pilot project and, based on that evaluation, not later than January 1, 2007, shall report to the 80th Legislature the coordinating board's recommendations concerning whether to continue, expand to other underutilized eligible public institutions of higher education, or discontinue the TEXAS grant pilot project.

SECTION . The Texas Higher Education Coordinating Board shall adopt rules to administer Section 56.3012, Education Code, as added by this Act, as soon as practicable after the date this Act takes effect. For that purpose, the board may adopt the initial rules in the manner provided by law for adoption of emergency rules.

Amendment No. 14 was withdrawn.

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Amendment No. 15

Representative Harper-Brown offered the following amendment to CSSBi1227:

Amend CSSB 1227 (House committee printing) by adding the following appropriately numbered ARTICLE and renumbering subsequent ARTICLES accordingly:

ARTICLE . TREATMENT OF CERTAIN FEES RECEIVED BY INSTITUTIONS OF HIGHER EDUCATION

SECTION .01. Section 51.009(c), Education Code, is amended to read as follows:

(c) Each of the following shall be accounted for as educational and general funds:

(1) net tuition, special course fees charged under Sections 54.051(e) and (l), Education Code, lab fees, student teaching fees, [hospital and clinic fees,] organized activity fees, proceeds from the sale of educational and general equipment, and indirect cost recovery fees; and

(2) hospital and clinic fees received by a state-owned clinical care facility that is operated using general revenue fund appropriations for patient care.

SECTION .02. Section 51.009(c), Education Code, as amended by this article, applies to fees collected on or after the effective date of this Act. A fee collected before that date is governed by the law in effect when the fee is collected, and that law is continued in effect for that purpose.

Amendment No. 15 was withdrawn.

(Speaker in the chair)

Amendment No. 16

Representative Gallego offered the following amendment to CSSBi1227:

Amend CSSB 1227 adding an appropriately numbered section to read as follows:

"SECTION . (a) The Legislative Oversight Committee shall review tuition deregulation and make recommendations to the 80th Legislature for its continuation or repeal. The report shall be submitted by January 1, 2007, to the Legislature.

(b) Section 54.0513, Education Code shall be repealed on September 1, 2008, unless the Legislature passes legislation to continue its existence."

CSSB 1227 - POINT OF ORDER

Representative Harper-Brown raised a point of order against further consideration of CSSB 1227 under Rule 4, Section 32 and Rule 4, Section 41 of the House Rules on the grounds that the committee substitute is not germane and the reports of the standing committee were not properly duplicated and filed.

The point of order was withdrawn.

Representative Morrison moved to table Amendment No. 16.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4377

A record vote was requested.

The motion to table prevailed by (Record 810): 79 Yeas, 48 Nays, 1 Present, not voting.

Yeas — Allen, A.; Bailey; Berman; Blake; Bohac; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Chisum; Cook, B.; Crabb; Crownover; Davis, J.; Dawson; Delisi; Denny; Driver; Dutton; Edwards; Eissler; Elkins; Farrar; Flores; Flynn; Gattis; Griggs; Grusendorf; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hill; Hope; Hunter; Hupp; Jackson; Jones, D.; Keel; Keffer, B.; Keffer, J.; King, P.; Kolkhorst; Krusee; Laubenberg; Luna; Madden; McCall; McClendon; Menendez; Miller; Morrison; Nixon; Oliveira; Orr; Otto; Paxton; Pitts; Puente; Reyna; Riddle; Rose; Seaman; Smith, T.; Smithee; Solis; Straus; Swinford; Talton; Taylor; Turner; Uresti; Van Arsdale; West; Wong; Woolley; Zedler.

Nays — Alonzo; Anchia; Burnam; Casteel; Chavez; Coleman; Davis, Y.; Deshotel; Dukes; Dunnam; Escobar; Farabee; Gonzales; Gonzalez Toureilles; Goodman; Guillen; Herrero; Hilderbran; Hochberg; Homer; Hopson; Howard; Hughes; Isett; Jones, J.; King, T.; Kuempel; Laney; Leibowitz; Martinez; Martinez Fischer; McReynolds; Merritt; Moreno, P.; Mowery; Naishtat; Noriega, M.; Olivo; Peña; Phillips; Pickett; Quintanilla; Raymond; Rodriguez; Strama; Thompson; Veasey; Villarreal.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Castro; Hodge.

Absent, Excused, Committee Meeting — Giddings; Solomons.

Absent — Allen, R.; Anderson; Baxter; Bonnen; Cook, R.; Corte; Eiland; Frost; Gallego; Geren; Goolsby; Haggerty; Hegar; Ritter; Smith, W.; Truitt; Vo.

STATEMENTS OF VOTE

When Record No. 810 was taken, I was in the house but away from my desk. I would have voted no.

Anderson

When Record No. 810 was taken, I was temporarily out of the house chamber. I would have voted no.

Bonnen

When Record No. 810 was taken, I was in the house but away from my desk. I would have voted no.

R. Cook

I was shown voting yes on Record No. 810. I intended to vote no.

Farrar

When Record No. 810 was taken, I was in the house but away from my desk. I would have voted no.

Gallego

I was shown voting yes on Record No. 810. I intended to vote no.

Gattis

4378 79th LEGISLATURE — REGULAR SESSION

I was shown voting yes on Record No. 810. I intended to vote no.

Hope

I was shown voting no on Record No. 810. I intended to vote yes.

Kuempel

I was shown voting yes on Record No. 810. I intended to vote no.

Laubenberg

I was shown voting yes on Record No. 810. I intended to vote no.

Menendez

I was shown voting yes on Record No. 810. I intended to vote no.

Oliveira

I was shown voting yes on Record No. 810. I intended to vote no.

Paxton

When Record No. 810 was taken, I was in the house but away from my desk. I would have voted no.

Ritter

I was shown voting yes on Record No. 810. I intended to vote no.

T. Smith

I was shown voting yes on Record No. 810. I intended to vote no.

Swinford

CSSB 1227, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Herrero and Uresti recorded voting no.)

SB 724 ON SECOND READING
(Talton - House Sponsor)

SB 724, A bill to be entitled An Act relating to the appraisal for ad valorem tax purposes of certain property used to provide low-income or moderate-income housing.

SB 724 - POINT OF ORDER

Representative Villarreal raised a point of order against further consideration of SB 724 under Rule 4, Section 32(c) of the House Rules on the grounds that the bill analysis is inaccurate.

The speaker sustained the point of order.

The ruling precluded further consideration of SB 724.

CSSB 42 ON SECOND READING
(Delisi - House Sponsor)

CSSB 42, A bill to be entitled An Act relating to health education and physical activity in public primary and secondary schools.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4379

Amendment No. 1

Representative B. Keffer offered the following amendment to CSSBi42:

Amend CSSB 42 as follows:

(1) On page 2, line 19, after the word "year." insert the following:

or the option to schedule at least two semesters overall.

Amendment No. 1 was adopted.

Amendment No. 2

Representatives Dunnam and Eissler offered the following amendment to CSSBi42:

Amend CSSB 42 on page 3, between lines 13 and 14 by inserting the following:

"(l-3) (a) This section may be cited as "Lauren's Law".

(b) The State Board of Education, the Department of State Health Services, or a school district may not adopt any rule, policy, or program under Subsections (a), (k), (l), (l-1), or (l-2) that would prohibit a parent or grandparent of a student from providing any food product of the parent's or grandparent's choice to:

(1) children in the classroom of the child of the parent or grandparent on the occasion of the child's birthday; or

(2) children at a school-designated function."

Amendment No. 2 was adopted.

CSSB 42, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: F. Brown, Deshotel, Gallego, Hochberg, Peña, Raymond, Ritter, and Solis recorded voting no.)

SB 1022 ON SECOND READING
(Keel - House Sponsor)

SB 1022, A bill to be entitled An Act relating to the creation of the Bee Cave Development District; providing authority to impose a tax and issue a bond or similar obligation.

SB 1022 - POINT OF ORDER

Representative Burnam raised a point of order against further consideration of SB 1022 under Rule 4, Section 32(c) of the House Rules on the grounds that the bill analysis is inaccurate.

The speaker sustained the point of order.

The ruling precluded further consideration of SB 1022.

CSSB 1195 ON SECOND READING
(Dutton - House Sponsor)

CSSB 1195, A bill to be entitled An Act relating to the authority of peace officers to conduct certain searches.

4380 79th LEGISLATURE — REGULAR SESSION

Amendment No. 1

Representative Dutton offered the following amendment to CSSBi1195:

Amend CSSB 1195 (House Committee Report) in SECTION 1 of the bill, in proposed Subsection (b), Article 1.06, Code of Criminal Procedure (page 1, between lines 17 and 18), by inserting the following new Subdivision (2) and renumbering the subsequent subdivisions of that section accordingly:

(2) conducts a search for weapons based on a reasonable fear for the officer's safety or the safety of others;

Amendment No. 1 was adopted.

A record vote was requested.

CSSB 1195, as amended, was passed to third reading by (Record 811): 96 Yeas, 41 Nays, 1 Present, not voting.

Yeas — Allen, A.; Allen, R.; Alonzo; Anchia; Bailey; Baxter; Berman; Blake; Branch; Brown, F.; Burnam; Callegari; Campbell; Casteel; Chavez; Coleman; Cook, R.; Crabb; Davis, J.; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eissler; Elkins; Escobar; Farrar; Flores; Frost; Gallego; Geren; Gonzales; Gonzalez Toureilles; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Hamric; Hegar; Herrero; Hilderbran; Hill; Hochberg; Hope; Hopson; Hughes; Hunter; Hupp; Jones, J.; Keffer, B.; Keffer, J.; King, T.; Kolkhorst; Kuempel; Laney; Leibowitz; Luna; Madden; Martinez; Martinez Fischer; McCall; McReynolds; Menendez; Merritt; Miller; Moreno, P.; Mowery; Naishtat; Noriega, M.; Oliveira; Olivo; Peña; Pickett; Puente; Quintanilla; Raymond; Riddle; Ritter; Rodriguez; Rose; Seaman; Smith, T.; Smithee; Solis; Strama; Swinford; Thompson; Turner; Uresti; Van Arsdale; Veasey; Villarreal; Vo.

Nays — Anderson; Bohac; Bonnen; Brown, B.; Chisum; Cook, B.; Corte; Dawson; Delisi; Denny; Driver; Eiland; Farabee; Flynn; Gattis; Haggerty; Hamilton; Hardcastle; Harper-Brown; Hartnett; Homer; Howard; Jackson; Jones, D.; Keel; King, P.; Krusee; Laubenberg; Morrison; Nixon; Orr; Otto; Phillips; Reyna; Smith, W.; Talton; Taylor; West; Wong; Woolley; Zedler.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Castro; Hodge.

Absent, Excused, Committee Meeting — Giddings; Solomons.

Absent — Crownover; Isett; McClendon; Paxton; Pitts; Straus; Truitt.

STATEMENTS OF VOTE

I was shown voting yes on Record No. 811. I intended to vote no.

Berman

I was shown voting yes on Record No. 811. I intended to vote no.

Blake

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4381

When Record No. 811 was taken, I was in the house but away from my desk. I would have voted no.

Crownover

I was shown voting yes on Record No. 811. I intended to vote no.

Eissler

I was shown voting yes on Record No. 811. I intended to vote no.

Hilderbran

I was shown voting yes on Record No. 811. I intended to vote no.

Kuempel

SB 1528 ON SECOND READING
(Morrison - House Sponsor)

SB 1528, A bill to be entitled An Act relating to the payment of tuition and fees at public institutions of higher education and the determination of Texas residency for that purpose.

Amendment No. 1

Representative Morrison offered the following amendment to SBi1528:

Amend SB 1528 by adding the following Section.

Section __. Amend Section 54.203, (g), Education Code to read as follows:

(g) The governing board of a junior college district may establish a fee for extraordinary costs associated with a specific course or program and may provide that the exemptions provided by Subsections (a) and (b) do not apply to this fee provide that the exemptions provided by Subsections (a) and (b) do not apply to a course fee or training fee charged a student by the junior college district to cover the flight time costs associated with a course in aircraft flight training, to the extent those costs are incurred by a student:

1. who does not have a private pilot rating; or

2. who has a private pilot rating but is not actively seeking to fulfill the requirements of the Federal Aviation Administration for an additional certification or rating.

Amendment No. 1 was adopted.

Amendment No. 2

Representative Uresti offered the following amendment to SBi1528:

Amend SB 1528 (house committee report) by adding the following appropriately numbered sections to the bill and renumbering subsequent sections of the bill accordingly:

SECTION __. Section 54.203, Education Code, is amended by adding Subsection (h) to read as follows:

4382 79th LEGISLATURE — REGULAR SESSION

(h) In determining whether to admit a person to any certificate program or any baccalaureate, graduate, postgraduate, or professional degree program, an institution of higher education may not consider the fact that the person is eligible for an exemption under this section.

SECTION __. Subsection (h), Section 54.203, Education Code, as added by this Act, applies beginning with admissions to a public institution of higher education for the 2006 spring semester. Admissions to a public institution of higher education before that semester are covered by the law in effect before the effective date of this Act, and the former law is continued in effect for that purpose.

Amendment No. 2 was adopted.

Amendment No. 3

Representative Coleman offered the following amendment to SBi1528:

Amend SB 1528 by adding the appropriately numbered section as follows and by renumbering any remaining sections accordingly:

"SECTION __. The Coordinating Board shall compile data on the tuition and fees charged at each two-year and four-year institution of public higher education, beginning with the fall semester of 2003 through the spring semester of 2007, and shall submit a report to the 80th Texas Legislature describing the amount and percent change per semester for each institution and ranking the two- and four-year institutions in order of the total increase."

Amendment No. 3 was adopted.

Amendment No. 4

Representative Gallego offered the following amendment to SBi1528:

Amend SB 282 on page , between lines 10 and 11 by adding:

"(5) whether the sale or transfer was pursuant to the power of eminent domain".

Amendment No. 4 was withdrawn.

Amendment No. 5

Representative Thompson offered the following amendment to SBi1528:

Amend SB 1528 on page 4, between lines 7 and 8, by inserting a new Section 4 to read as follows and renumber the subsequent sections appropriately:

"SECTION 4. (a) The Legislative Oversight Committee shall review tuition deregulation, tuition rates in this state and others, funding levels in this state and others, and fees in this state and others, and make recommendations to the 80th Legislature for its continuation or repeal. The report shall be submitted by January 1, 2007 to the Legislature.

(b) Section 54.0513, Education Code shall be repealed on September 1, 2008 unless the Legislature passes legislation to continue its existence."

Amendment No. 5 was withdrawn.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4383

Amendment No. 6

Representative Gallego offered the following amendment to SBi1528:

Amend SB 1528 by adding the following section, appropriately numbered, and renumbering subsequent sections accordingly:

SECTION __. Section 65.45, Education Code, is amended by adding Subsection (d) to read as follows:

(d) To the extent provided for in an agreement authorized by this section, a person employed by the entity with whom the system enters such an agreement, or the person's spouse or child, may pay the tuition and fees charged to residents of this state when enrolled in a system institution.

Amendment No. 6 was adopted.

SB 1528, as amended, was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Herrero recorded voting no.)

CSSB 1142 ON SECOND READING
(Hamric - House Sponsor)

CSSB 1142, A bill to be entitled An Act relating to the creation of a film industry incentive program.

CSSB 1142 was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. Members registering votes are as follows: Flynn, Harper-Brown, and Laubenberg recorded voting no.)

SB 578 ON SECOND READING
(Hope - House Sponsor)

SB 578, A bill to be entitled An Act relating to the authority of certain honorably retired peace officers to carry certain weapons.

SBi578 was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

CSSB 14 ON SECOND READING
(Smithee - House Sponsor)

CSSB 14, A bill to be entitled An Act relating to rates for certain property and casualty insurance.

CSSBi14 was passed to third reading. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

4384 79th LEGISLATURE — REGULAR SESSION

HB 1048 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative Chisum called up with senate amendments for consideration at this time,

HB 1048, A bill to be entitled An Act relating to the forfeiture of contraband used or intended to be used in the commission of certain criminal offenses.

Representative Chisum moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 1048.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 1048: Chisum, chair; Blake; Jackson; Vo; and Leibowitz.

HB 2614 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative Eiland called up with senate amendments for consideration at this time,

HB 2614, A bill to be entitled An Act relating to the applicability of certain insurance laws to Lloyd's plans and reciprocal and interinsurance exchanges.

Representative Eiland moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2614.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 2614: Eiland, chair; Thompson; Smithee; Van Arsdale; and B. Keffer.

HB 585 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative Corte called up with senate amendments for consideration at this time,

HB 585, A bill to be entitled An Act relating to the requirements for the incorporation of a municipality in the extraterritorial jurisdiction of certain existing municipalities.

Representative Corte moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 585.

The motion prevailed.

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4385

The chair announced the appointment of the following conference committee, on the part of the house, on HB 585: Corte, chair; Mowery; Hilderbran; Leibowitz; and R. Cook.

HB 137 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative B. Keffer called up with senate amendments for consideration at this time,

HB 137, A bill to be entitled An Act relating to "Welcome to Texas" signs.

Representative B. Keffer moved to concur in the senate amendments to HBi137.

The motion to concur in senate amendments prevailed. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

Senate Committee Substitute

HB 137, A bill to be entitled An Act relating to "Welcome to Texas" signs.

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

SECTIONi1.iiSubchapter H, Chapter 201, Transportation Code, is amended by adding Section 201.617 to read as follows:

Sec.i201.617.ii"WELCOME TO TEXAS" SIGNS. (a) The department may erect a "Welcome to Texas" sign to designate the state boundary on an interstate, United States, or state highway entering the state.

(b)iiA "Welcome to Texas" sign erected by the department must include the following elements:

(1)iia depiction of the state flag;

(2)iithe phrase "Drive Friendly–The Texas Way"; and

(3)iithe phrase "Welcome to Texas–Proud to be the Home of President George W. Bush."

SECTIONi2.iiThe Texas Department of Transportation shall ensure that a "Welcome to Texas" sign erected by the department before the effective date of this Act complies with this Act not later than January 1, 2006.

SECTIONi3.iiThis Act takes effect September 1, 2005.

HB 833 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Gattis called up with senate amendments for consideration at this time,

HB 833, A bill to be entitled An Act relating to hours of sale for certain alcoholic beverages in certain areas.

Representative Gattis moved to concur in the senate amendments to HBi833.

A record vote was requested.

The motion to concur in senate amendments prevailed by (Record 812): 139 Yeas, 0 Nays, 1 Present, not voting.

4386 79th LEGISLATURE — REGULAR SESSION

Yeas — Allen, A.; Allen, R.; Alonzo; Anchia; Anderson; Bailey; Baxter; Berman; Blake; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Campbell; Casteel; Chavez; Chisum; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Escobar; Farabee; Farrar; Flynn; Frost; Gallego; Gattis; Gonzales; Gonzalez Toureilles; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Herrero; Hilderbran; Hochberg; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Jones, J.; Keel; Keffer, B.; Keffer, J.; King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Leibowitz; Luna; Madden; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Miller; Moreno, P.; Morrison; Naishtat; Nixon; Noriega, M.; Oliveira; Olivo; Orr; Otto; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna; Riddle; Ritter; Rodriguez; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solis; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Uresti; Van Arsdale; Veasey; Villarreal; Vo; West; Wong; Woolley; Zedler.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Castro; Hodge.

Absent, Excused, Committee Meeting — Giddings; Solomons.

Absent — Flores; Geren; Hill; Merritt; Mowery.

Senate Committee Substitute

HB 833, A bill to be entitled An Act relating to hours of sale for certain alcoholic beverages in certain areas.

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

SECTIONi1.iiSections 105.03(c) and (d), Alcoholic Beverage Code, are amended to read as follows:

(c)iiIn a city or county having a population of 800,000 [500,000] or more, according to the last preceding federal census, or 500,000 or more, according to the 22nd Decennial Census of the United States, as released by the Bureau of the Census on March 12, 2001, a holder of a mixed beverage late hours permit may also sell and offer for sale mixed beverages between midnight and 2 a.m. on any day.

(d)iiIn a city or county other than a city or county described by Subsection (c) [having a population of less than 500,000, according to the last preceding federal census], the extended hours prescribed in Subsection (c) of this section are effective for the sale of mixed beverages and the offer to sell them by a holder of a mixed beverages late hours permit:

(1)iiin the unincorporated areas of the county if the extended hours are adopted by an order of the commissioners court; and

(2)iiin an incorporated city or town if the extended hours are adopted by an ordinance of the governing body of the city or town.

SECTIONi2.iiSections 105.05(c) and (d), Alcoholic Beverage Code, are amended to read as follows:

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4387

(c)iiIn a city or county having a population of 800,000 [500,000] or more, according to the last preceding federal census, or 500,000 or more, according to the 22nd Decennial Census of the United States, as released by the Bureau of the Census on March 12, 2001, a holder of a retail dealer's on-premise late hours license may also sell, offer for sale, and deliver beer between midnight and 2 a.m. on any day.

(d)iiIn a city or county other than a city or county described by Subsection (c) [having a population of less than 500,000, according to the last preceding federal census], the extended hours prescribed in Subsection (c) of this section, or any part of the extended hours prescribed in Subsection (c) of this section are effective for the sale, offer to sell, and delivery of beer by a holder of a retail dealer's on-premise late hours license:

(1)iiin the unincorporated areas of the county if the extended hours are adopted by an order of the commissioners court; and

(2)iiin an incorporated city or town if the extended hours are adopted by an ordinance of the governing body of the city or town.

SECTIONi3.iiThe changes in law made by this Act apply only to the sale of or offer to sell an alcoholic beverage on or after the effective date of this Act. The sale of or offer to sell an alcoholic beverage before the effective date of this Act is governed by the law in effect immediately before that date, and that law is continued in effect for that purpose.

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, 2005.

HB 283 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED

Representative Hope called up with senate amendments for consideration at this time,

HB 283, A bill to be entitled An Act relating to admission, assignment, and conduct of certain public school students.

Representative Hope moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 283.

The motion prevailed.

The chair announced the appointment of the following conference committee, on the part of the house, on HB 283: Hope, chair; Thompson; Goodman; Dutton; and Goolsby.

HB 1609 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Chisum called up with senate amendments for consideration at this time,

4388 79th LEGISLATURE — REGULAR SESSION

HB 1609, A bill to be entitled An Act relating to the allowed wastes and exemptions applicable to certain municipal solid waste landfill units in arid areas.

Representative Chisum moved to concur in the senate amendments to HBi1609.

The motion to concur in senate amendments prevailed. (In accordance with House Rule 5, Section 51(b), every member present must have favored passage of the measure, but any member may register their position with the journal clerk. No members registered their position on this measure.)

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 1609 by adding SECTION 1, SECTION 2, SECTION 3, SECTION 5 and SECTION 6 as follows and renumbering the existing sections appropriately:

SECTIONi1.iiSection 361.0666(a), Health and Safety Code, is amended to read as follows:

(a)iiAn applicant for a permit under this chapter for a new facility that accepts municipal solid wastes may [shall] hold a public meeting in the county in which the proposed facility is to be located. [The meeting must be held before the 45th day after the date the application is filed.]

SECTIONi2.iiSection 361.0791(a) and (b), Health and Safety Code, is amended to read as follows:

(a)iiNotwithstanding other law, the commission may [shall] hold a public meeting on an application for a new hazardous waste management facility in the county in which the proposed hazardous waste management facility is to be located. The commission[, on request of a person affected or as otherwise required by commission rule,] may [shall] hold a public meeting on an application for a Class 3 modification or a major amendment to an existing facility's hazardous waste permit.

(b)iiNotwithstanding other law, the commission may [shall] hold a public meeting on an application for a new municipal solid waste management facility in the county in which the proposed municipal solid waste management facility is to be located.

SECTIONi3.iiSection 361.082(d), Health and Safety Code, is amended to read as follows:

(d)iiIn addition to the hearing held under this section, the commission may [shall] hold a public meeting and the applicant shall give notice as provided by Section 361.0791.

SECTIONi5.iiSection 361.534, Health and Safety Code, is amended by amending the heading, amending Subsections (a) and (b), and adding new Subsection (c) to read as follows:

Sec.i361.534.iiPermit Public Meeting [Hearing].

(a)iiThe commission may hold a public meeting on [shall set a hearing to be held not later than the 30th day after the date that the commission receives] an application under this subchapter.

(b)iiThe commission shall hold a public meeting on an application under this subchapter:

(1)iion the request of a member of the legislature who represents the general area in which the development is proposed to be located; or

Tuesday, May 24, 2005 HOUSE JOURNAL — 76th Day 4389

(2)iiif the executive director determines that there is substantial public interest in the proposed development.

(c) The commission by mail shall notify the applicant of the date, time, and place of the public meeting [hearing not later than the 15th day before the date of the hearing]. The commission shall require the applicant to publish notice of the public meeting [hearing] in a newspaper that is generally circulated in each county in which the property proposed for development is located. The published notice must appear at least once a week for the two weeks before the date of the public meeting [hearing].

SECTIONi6.iiThe changes in law made by this Act to Health and Safety Code Sections 361.0666(a), 361.0791(a) and (b), 361.082(d), and 361.534 apply only to an application that is filed on or after the effective date of this Act. An application that was filed before the effective date of this Act is governed by the former law, and that law is continued in effect for that purpose.

HB 3147 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS

Representative Turner called up with senate amendments for consideration at this time,

HB 3147, A bill to be entitled An Act relating to authorizing the Texas Building and Procurement Commission to enter into more favorable lease with option to purchase agreements with regards to certain space currently occupied under lease with option to purchase agreements.

Representative Turner moved to concur in the senate amendments to HBi3147.

A record vote was requested.

The motion to concur in senate amendments prevailed by (Record 813): 140 Yeas, 2 Nays, 1 Present, not voting.

Yeas — Allen, A.; Allen, R.; Alonzo; Anchia; Anderson; Bailey; Baxter; Berman; Blake; Bohac; Branch; Brown, B.; Brown, F.; Callegari; Campbell; Casteel; Chavez; Chisum; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Escobar; Farabee; Farrar; Flores; Flynn; Frost; Gallego; Gattis; Geren; Gonzales; Gonzalez Toureilles; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Hegar; Herrero; Hilderbran; Hill; Hochberg; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jackson; Jones, D.; Jones, J.; Keel; Keffer, B.; Keffer, J.; King, P.; King, T.; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Leibowitz; Luna; Madden; Martinez; Martinez Fischer; McCall; McReynolds; Menendez; Miller; Moreno, P.; Morrison; Mowery; Naishtat; Nixon; Noriega, M.; Oliveira; Olivo; Orr; Otto; Paxton; Peña; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna; Riddle; Ritter; Rodriguez; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solis; Strama; Straus; Swinford; Talton; Taylor; Thompson; Truitt; Turner; Uresti; Van Arsdale; Veasey; Villarreal; Vo; West; Wong; Woolley; Zedler.

4390 79th LEGISLATURE — REGULAR SESSION

Nays — Bonnen; Burnam.

Present, not voting — Mr. Speaker(C).

Absent, Excused — Castro; Hodge.

Absent, Excused, Committee Meeting — Giddings; Solomons.

Absent — McClendon; Merritt.

Senate Amendment No. 1 (Senate Floor Amendment No. 1)

Amend HB 3147 by striking all below the enacting clause and substituting the following:

SECTIONi1.iiSubchapter J, Chapter 2166, Government Code, is amended by adding Sections 2166.454, 2166.4541, and 2166.4542 to read as follows:

Sec.i2166.454.iiPURCHASING OR OBTAINING MORE FAVORABLE LEASE WITH OPTION TO PURCHASE AGREEMENTS WITH REGARD TO CERTAIN LEASED SPACE. (a) This section and Sections 2166.4541 and 2166.4542 apply only in relation to space currently occupied by a state agency under one of seven lease with an option to purchase agreements: