EIGHTY-FIRST LEGISLATURE, REGULAR SESSION
PROCEEDINGS
SEVENTY-SEVENTH DAY — SATURDAY, MAY 23, 2009
The house met at 10 a.m. and was called to order by the speaker pro tempore.
The roll of the house was called and a quorum was announced present (Recordi1062).
Present — Mr. Speaker; Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Absent, Excused — Kuempel.
Absent — Riddle.
The invocation was offered by Representative D. Howard.
The chair recognized Representative D. Howard who led the house in the pledges of allegiance to the United States and Texas flags.
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. 36 and Senate List No. 37).
HCR 255 - MOTION TO SUSPEND RULES
(by Rose)
Representative Rose moved to suspend all necessary rules to take up and consider at this time HCRi255.
There being objection, the motion was lost.
HCR 255 - NOTICE OF MOTION TO SUSPEND RULES
Pursuant to the provisions of Rule 14, Section 4 of the House Rules, at 10:42ia.m., the chair announced that Representative Rose would, in at least one hour, be recognized for the purpose of suspending the regular order of business to take up HCR 255 out of its regular order.
HB 3218 - VOTE RECONSIDERED
Representative Naishtat moved to reconsider the vote by which the house concurred in senate amendments to HB 3218 on May 21 by RecordiNo.i1038.
The motion to reconsider prevailed.
HB 3218 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
HB 3218, A bill to be entitled An Act relating to the filing of sworn complaints with the Texas Ethics Commission.
Representative Naishtat moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 3218.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 3218: Naishtat, chair; Herrero, Phillips, Patrick, and T. King.
SB 1152 - REQUEST OF SENATE GRANTED
CONFERENCE COMMITTEE APPOINTED
On motion of Representative Anchia, the house granted the request of the senate for the appointment of a Conference Committee on SB 1152.
The chair announced the appointment of the following conference committee, on the part of the house, on SB 1152: Anchia, chair; Marquez, McCall, T. Smith, and Heflin.
NOTICE OF MOTION TO SUSPEND RULES
Pursuant to the provisions of Rule 14, Section 4 of the House Rules, at 10:50 a.m., the chair announced that Representative Dunnam would, in at least one hour, be recognized for the purpose of suspending the regular order of business to take up SB 14, SB 1077, and SB 409 out of their regular order.
4358 81st LEGISLATURE — REGULAR SESSION
The following members gave notice of a standing objection, to be in effect until 11:59 p.m, May 23, to suspending the regular order of business:
Berman, Aycock, Elkins, Fletcher, Swinford, S. King, Woolley, Phillips, J. Davis, Craddick, Eissler, Jackson, Hardcastle, Darby, Weber, B. Brown, Flynn, Cook, F. Brown, C. Howard, Crownover, Laubenberg, Morrison, Hartnett, Isett, Gattis, Chisum, Madden, W.iSmith, S. Miller, Truitt, McCall, Patrick, Hamilton, Christian, Hancock, Otto, Lewis, Orr, Hunter, Sheffield, Button, Branch, D.iMiller, Bonnen, Taylor, Zerwas, Legler, Geren, Harper-Brown, Kleinschmidt, Anderson, P. King, Shelton, Parker, Harless, Keffer, Smithee, Pitts, Paxton, Kolkhorst, and Hughes.
SB 2306 - ADOPTION OF CONFERENCE COMMITTEE REPORT
Representative D. Miller submitted the conference committee report on SBi2306.
Representative D. Miller moved to adopt the conference committee report on SBi2306.
The motion to adopt the conference committee report on SBi2306 prevailed by (Record 1063): 142 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker; Eiland(C).
Absent, Excused — Kuempel.
Absent — Corte; Heflin; Naishtat; Riddle; Villarreal.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4359
STATEMENT OF VOTE
When Record No. 1063 was taken, my vote failed to register. I would have voted yes.
Naishtat
SB 434 - ADOPTION OF CONFERENCE COMMITTEE REPORT
Representative Cohen submitted the conference committee report on SBi434.
Representative Cohen moved to adopt the conference committee report on SBi434.
The motion to adopt the conference committee report on SBi434 prevailed by (Record 1064): 141 Yeas, 0 Nays, 3 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker; Eiland(C); Harper-Brown.
Absent, Excused — Kuempel.
Absent — Callegari; Hunter; Marquez; Miller, S.; Riddle.
STATEMENTS OF VOTE
I was shown voting yes on Record No. 1064. I intended to vote no.
Hughes
I was shown voting yes on Record No. 1064. I intended to vote no.
Laubenberg
When Record No. 1064 was taken, I was in the house but away from my desk. I would have voted yes.
Marquez
4360 81st LEGISLATURE — REGULAR SESSION
I was shown voting yes on Record No. 1064. I intended to vote no.
Paxton
HB 1084 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Truitt called up with senate amendments for consideration at this time,
HB 1084, A bill to be entitled An Act relating to shipment of wine to ultimate consumers.
Representative Truitt moved to concur in the senate amendments to HBi1084.
The motion to concur in the senate amendments to HB 1084 prevailed by (Record 1065): 144 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker; Eiland(C).
Absent, Excused — Kuempel.
Absent — Corte; Pitts; Riddle.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 1084 (senate committee printing) as follows:
(1)iiIn SECTION 1 of the bill, strike amended Section 16.09(e)(3), Alcoholic Beverage Code (page 1, lines 16-19), and substitute the following:
(3)iideliver to the same consumer in this state more than nine [three]
gallons of wine within any calendar month or more than 36 gallons of wine
within any 12-month period [30-day period to the same consumer in this state].
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4361
(2)iiIn SECTION 2 of the bill, strike amended Section 54.02(3), Alcoholic Beverage Code (page 1, lines 27-30), and substitute the following:
(3)iideliver to the same consumer in this state more than nine [three]
gallons of wine within any calendar month or more than 36 gallons of wine
within any 12-month period [30-day period to the same consumer in this state]; or
HB 2283 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Truitt called up with senate amendments for consideration at this time,
HB 2283, A bill to be entitled An Act relating to increasing state employee participation in the TexaSaver program.
Representative Truitt moved to concur in the senate amendments to HBi2283.
The motion to concur in the senate amendments to HB 2283 prevailed by (Record 1066): 144 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Corte; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pierson; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker; Eiland(C).
Absent, Excused — Kuempel.
Absent — Pickett; Pitts; Riddle.
Senate Committee Substitute
CSHB 2283, A bill to be entitled An Act relating to increasing state employee participation in the TexaSaver program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 609.006(a), Government Code, is amended to read as follows:
4362 81st LEGISLATURE — REGULAR SESSION
(a)iiA deferred compensation plan must conform to federal law to provide that deferred amounts and investment income are not includable, for federal income tax purposes, in the gross income of a participating employee until distributed to the employee, subject to the employee's option to designate all or a portion of deferred amounts as Roth contributions under Section 609.5021, the federal income tax treatment of which is governed by Section 402A, Internal Revenue Code of 1986.
SECTIONi2.iiSubchapter C, Chapter 609, Government Code, is amended by adding Section 609.5021 to read as follows:
Sec.i609.5021.iiROTH CONTRIBUTION PROGRAMS. The board of trustees may:
(1)iiestablish a qualified Roth contribution program in accordance with Section 402A, Internal Revenue Code of 1986, under which an employee may designate all or a portion of the employee's contribution under a 401(k) plan as a Roth contribution at the time the contribution is made; and
(2)iiif authorized by federal law, establish a program in accordance with the applicable federal law under which an employee may designate all or a portion of the employee's contribution under a 457 plan as a Roth contribution at the time the contribution is made.
SECTIONi3.iiSection 609.5025(d), Government Code, is amended to read as follows:
(d)iiAt any time, an employee participating in a 401(k) plan under this
section may, in accordance with rules adopted by the board of trustees, elect to
end participation in the 401(k) plan, to contribute to a different investment
product, [or] to contribute a different amount to the plan, or to designate all or a
portion of the employee's contribution as a Roth contribution subject to the
availability of a Roth contribution program under Section 609.5021.
SECTIONi4.iiSubchapter C, Chapter 609, Government Code, is amended by adding Section 609.5026 to read as follows:
Sec.i609.5026.iiSTATE MATCHING CONTRIBUTIONS. Subject to a separate legislative appropriation for that purpose, the Employees Retirement System of Texas may make matching contributions to a 401(k) plan on behalf of employees participating in the plan solely from, and in an amount specified by, the appropriation.
SECTIONi5.iiThis Act takes effect September 1, 2009.
HB 72 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Peña called up with senate amendments for consideration at this time,
HB 72, A bill to be entitled An Act relating to the waiting period for issuing a decree in certain suits for divorce.
Representative Peña moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 72.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4363
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 72: Guillen, chair; Phillips, Gonzalez Toureilles, Hunter, and Gonzales.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business:
Corte on motion of Hilderbran.
HB 4498 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Hamilton called up with senate amendments for consideration at this time,
HB 4498, A bill to be entitled An Act relating to ballot issues for a local option election to prohibit the sale of alcoholic beverages.
Representative Hamilton 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 4498.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 4498: Hamilton, chair; Geren, Chisum, Quintanilla, and Thompson.
HB 407 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Hamilton called up with senate amendments for consideration at this time,
HB 407, A bill to be entitled An Act relating to participation and credit in, contributions to, benefits from, and administration of the Texas County and District Retirement System.
Representative Hamilton moved to concur in the senate amendments to HBi407.
The motion to concur in the senate amendments to HB 407 prevailed by (Record 1067): 142 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Driver; Dukes; Dunnam; Dutton; Edwards; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless;
4364 81st LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker; Eiland(C).
Absent, Excused — Corte; Kuempel.
Absent — Deshotel; Peña; Riddle; Villarreal.
Senate Committee Substitute
CSHB 407, A bill to be entitled An Act relating to participation and credit in, contributions to, benefits from, and administration of the Texas County and District Retirement System.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 841.001, Government Code, is amended by amending Subdivisions (1), (6), and (17) and adding Subdivision (1-a) to read as follows:
(1)ii"Actuarial equivalent" means a benefit that, at the time it is begun, has the same present value as the benefit it replaces, based on seven percent annual interest and either:
(A)iithe mortality table published by the Conference of Actuaries in Public Practice and known as the UP-1984 table with an age setback of five years for retired or disabled annuitants and an age setback of 10 years for beneficiaries, with a 30-percent reserve refund assumption for the standard benefit; or
(B)iia mortality basis adopted under Section 845.110(c).
(1-a)ii"Accrued benefit" means the sum of a member's accumulated contributions and service credit calculated as of a specified date.
(6)ii"Compensation" means the sum of payments that are made to an
employee for performance of personal services as certified by a participating
subdivision, including nonmonetary compensation, the value of which is
determined by the governing body of the subdivision, on which contributions by
an employee to the retirement system are based [that do not exceed the amount
established by board rule], which may not exceed either the limit provided by
Section 401(a)(17) of the Internal Revenue Code of 1986 [(26 U.S.C. Section
417)], as indexed in the manner provided by that section, or a lesser amount
established by rule of the board of trustees. The term includes amounts by which
payment for earnings is reduced because of employer pick-up of employee
contributions to the retirement system under Section 845.403, deferral of
compensation under benefit plans or tax-sheltered annuity programs adopted by
the subdivision under Section 401(k), 403(b), or 457 of the Internal Revenue
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4365
(17)ii"Subdivision" means a political subdivision of the state that is not
eligible to participate in any other statewide retirement system or that is not
currently participating in a retirement system established by the legislature.iiThe
term includes the Texas Association of Counties, the retirement system [Texas
County and District Retirement System], and a city-county hospital jointly
managed under Subchapter B, Chapter 265, Health and Safety Code.iiThe term
does not include a branch, division, department, employee classification group, or
other separately identified component of a political subdivision.
SECTIONi2.iiSection 841.006, Government Code, is amended to read as follows:
Sec.i841.006.iiEXEMPTION FROM EXECUTION.i (a) All retirement annuity payments, other benefit payments, and a member's accumulated contributions are unassignable and are exempt from execution, garnishment, attachment, and state and local taxation.
(b)iiNotwithstanding Subsection (a), the board of trustees by rule may authorize the retirement system, in accordance with a retiree's voluntary election, to:
(1)iideduct qualified health insurance premiums from the retirement annuity otherwise distributable to a retiree who is an eligible public safety officer or a retiree who meets any expanded eligibility provision for a similar tax exemption under subsequent federal legislation; and
(2)iipay the deducted amount directly to the health plan provider, subject to the requirements of Section 402(l), Internal Revenue Code of 1986, or other applicable federal law, and the rules adopted by the board.
SECTIONi3.iiSubchapter A, Chapter 841, Government Code, is amended by adding Section 841.0091 to read as follows:
Sec.i841.0091.iiDIVISION OF BENEFITS ON DIVORCE OF MEMBER. (a) On receipt of a qualified domestic relations order incident to a divorce that awards a portion of a member's accrued benefit to a former spouse of the member and that strictly follows the terms and format of the model qualified domestic relations order, as well as any other requirements, adopted by the board of trustees for this purpose, the retirement system shall divide the accrued benefit into two separate benefits that, in combination at the time of division, are actuarially equivalent to the undivided accrued benefit.
(b)iiFollowing a division described by Subsection (a), the portion of the accrued benefit awarded the alternate payee is considered the alternate payee's sole and separate property in which the member has no interest. The board of trustees by rule shall define and specify the rights and responsibilities of the
4366 81st LEGISLATURE — REGULAR SESSION
(c)iiNotwithstanding Section 804.101, the board of trustees by rule may prescribe terms on which the interest awarded the alternate payee under a qualified domestic relations order described by this section may be transferred at the alternate payee's death.
(d)iiThe board of trustees has sole authority and discretion to:
(1)iispecify the terms and format that are required for a qualified domestic relations order to be acceptable for purposes of Subsection (a);
(2)iirequire strict compliance for qualification;
(3)iispecify the dates on which a distribution to an alternate payee may or must begin; and
(4)iiestablish rules for the administration of this section.
(e)iiThis section applies to all domestic relations orders described by this section that the retirement system first determines to be qualified on or after September 1, 2009, and to those domestic relations orders determined to be qualified before September 1, 2009, that the system further determines can be construed to allow a division described by this section without harm or injury to the member's interest awarded under the original qualified order. The actuarial equivalent value of the accrued benefit payable to an alternate payee may not be greater than the actuarial equivalent value of the accrued benefit as if there had been no division and the accrued benefit had been payable to the member in the form of an annuity.
SECTIONi4.iiSection 842.108, Government Code, is amended to read as follows:
Sec.i842.108.iiWITHDRAWAL OF ACCUMULATED CONTRIBUTIONS.
(a)i[(b)]iiA member who has separated from employment with a participating
subdivision may submit an application to withdraw the member's accumulated
contributions attributable to service with that subdivision. A withdrawal cancels
the person's [credited service and] service credit attributable to service with that
subdivision on the date the retirement system makes payment of any portion of
the member's accumulated contributions[. Credited service that has been
canceled may not be used to determine eligibility for a later retirement unless it is
reestablished under Section 803.203, 843.003, or 843.0031].
(b)i[(c)]iiExcept for a [terminated] membership terminated under prior law
or in accordance with Section 842.109(b) [described by Subsection (a)], interest
is computed on the balance in the member's individual account in the employees
saving fund on January 1 of the year of withdrawal through the month before the
month in which the withdrawal occurs [for a person described by Subsection (b)].
(c)i[(d)]iiIf a person eligible to receive a withdrawal or another non-periodic
distribution [under this section or Section 844.401] elects to have all or a portion
of the distribution [accumulated contributions] paid directly to an eligible
retirement plan and specifies the plan to which the distribution is [contributions
are] to be paid on forms approved by the board of trustees, the retirement system
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4367
(d)iiNotwithstanding Subsection (c), the board of trustees shall adopt rules to administer this section as necessary to maintain the retirement system as a qualified plan under Section 401(a) of the Internal Revenue Code of 1986. The rules may include the adoption of definitions and limitations relating to distributions, eligible recipients, and eligible retirement plans.
SECTIONi5.iiThe heading to Section 842.110, Government Code, is amended to read as follows:
Sec.i842.110.iiRESUMPTION OF SERVICE AFTER WITHDRAWAL OR
RETIREMENT [BY RETIREE].
SECTIONi6.iiSections 842.110(a) and (b), Government Code, are amended to read as follows:
(a)iiExcept as provided by Subsection (b), a person who has withdrawn the
person's accumulated contributions or who has retired from a participating
subdivision with a service retirement annuity based on a bona fide termination of
employment and with a break in service of not less than one calendar month
resumes membership in the retirement system without repayment of the amount
distributed or cancellation [suspension] of the person's annuity if the person
becomes an employee of any participating subdivision.
(b)iiA person who resumes employment with the same subdivision from
which the person was previously employed and does not meet the requirements
of Subsection (a) is considered not to have been eligible for a withdrawal and not
to have retired with respect to that subdivision.iiThe person's membership will be
restored, the person's service retirement annuity will be canceled [discontinued,
the person's membership will be restored], and the person must return any
amounts distributed and payments received.iiAppropriate adjustments will be
made for any amounts not returned.
SECTIONi7.iiSection 843.001, Government Code, is amended to read as follows:
Sec.i843.001.iiTYPES OF CREDITABLE SERVICE.iiThe types of service creditable as credited service in the retirement system are prior service, current service, and optional service. A member may not be credited in this system with more than one month of credited service for a specific calendar month, regardless of the number of employers of the member, the positions held, or the types of service.
SECTIONi8.iiThe heading to Section 843.0031, Government Code, is amended to read as follows:
Sec.i843.0031.ii[REESTABLISHMENT OF CREDITED SERVICE;]
OPTION TO PAY LUMP-SUM AMOUNT.
SECTIONi9.iiSection 843.0031(b), Government Code, is amended to read as follows:
(b)iiA member who has withdrawn accumulated contributions from the retirement system and who subsequently resumes employment with a subdivision may at any time before retirement pay to the system a lump sum in any amount
4368 81st LEGISLATURE — REGULAR SESSION
SECTIONi10.iiSection 843.004, Government Code, is amended to read as follows:
Sec.i843.004.iiCOMPOSITION OF SERVICE CREDIT.i Service credit
consists of allocated prior service credit, current service credit, and multiple
matching credit as authorized by a participating subdivision [and accumulated
interest under this subtitle].
SECTIONi11.iiSection 843.201, Government Code, is amended to read as follows:
Sec.i843.201.iiSERVICE CREDIT FOR CERTAIN PUBLIC
EMPLOYMENT.i [(a)]i In accordance with rules adopted by the board of
trustees, the governing body of a participating subdivision by order may
authorize the establishment of credited service and prior service credit in the
retirement system for service performed in a public hospital, utility, or other
public facility or governmental function during a time the facility was operated or
function was performed by a unit of government other than the subdivision and
before the date that the public hospital, utility, or other public facility or
governmental function was taken over by the subdivision [:
[(1)iithe effective date of the subdivision's participation in the retirement
system, if the facility was acquired or the governmental function was taken over
by the subdivision before that date; or
[(2)iithe date of acquisition of the facility or the date the governmental
function was taken over, if the facility was acquired or the governmental function
was taken over after the effective date of the subdivision's participation in the
retirement system].
[(b)iiA member eligible to establish credited service and prior service credit
under this section after an order under Subsection (a) is one who was employed
by a public facility or by an entity performing the governmental function:
[(1)iion the effective date of subdivision participation, for service under
Subsection (a)(1); or
[(2)iion the date of acquisition of the facility or the date the
governmental function was taken over, for service under Subsection (a)(2).
[(c)iiThe allocated prior service credit percentage allowable under this
section may be limited by the order of the governing body to zero or to any
percentage that is a multiple of five percent.]
SECTIONi12.iiSection 843.401, Government Code, is amended to read as follows:
Sec.i843.401.iiCURRENT SERVICE GENERALLY.iiCurrent service is
service performed by an employee of a participating subdivision while a member
of the retirement system and credited as provided under this subtitle and in
accordance with rules adopted by the board of trustees [section]. [The retirement
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4369
SECTIONi13.iiSections 843.502(a), (b), and (c), Government Code, are amended to read as follows:
(a)iiIn this section:
(1)ii"Qualified [, "qualified] military service" means service in the
uniformed services, as that term is defined in the Uniformed Services
Employment and Reemployment Rights Act of 1994 (38 U.S.C. Section 4301 et
seq.), that meets the requirements of that Act as it now exists or is amended as to
the character of service performed.
(2)ii"USERRA" means the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. Section 4301 et seq.).
(b)iiAll members of the retirement system are entitled to be credited with
service for qualified military service that is subject to USERRA [the Uniformed
Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. Section
4301 et seq.)]. Notwithstanding any provision of this subtitle to the contrary,
contributions, benefits, credited service, and service credit for qualified military
service will be provided in accordance with USERRA and Section 414(u) of the
Internal Revenue Code of 1986.iiThe board of trustees may adopt rules for the
administration of this section, including rules that modify the terms of this
subtitle for the purpose of compliance with the provisions of USERRA [that Act].
(c)iiAn eligible member may establish [The governing body of a
participating subdivision also may, on the terms provided by Section 844.704,
authorize the establishment of] credited service in the retirement system for
qualified active duty military service not creditable under Subsection (b) [as
provided by this subsection].iiQualified military service includes military service
before becoming an employee of the subdivision.iiA member eligible to establish
credited service under this subsection is one who is vested, based on credited
service only in this system and without regard to service that may be established
under this subsection, in a service retirement annuity that may begin at the age of
60 [has credited service in the retirement system for at least the minimum period
required to receive a service retirement annuity at the age of 60 from the
subdivision from which credit under this subsection is sought].iiAn eligible
member may establish not more than five years of credited service under this
subsection by filing an application with the retirement system.
SECTIONi14.iiSection 843.504, Government Code, is amended to read as follows:
Sec.i843.504.iiNO DOUBLE CREDITING OF SERVICE.iiExcept as
provided by Chapter 803, only one month of credited service may [not] be
established in the retirement system [under this subchapter] for any calendar
month for all [of] service that is creditable [credited] under [another section of]
this subtitle [or by another retirement system or program established or governed
by state law].
SECTIONi15.iiSubchapter F, Chapter 843, Government Code, is amended by adding Section 843.505 to read as follows:
4370 81st LEGISLATURE — REGULAR SESSION
Sec.i843.505.iiCREDITED SERVICE PREVIOUSLY ELIGIBLE FOR RECOGNITION UNDER PROPORTIONATE RETIREMENT PROGRAM. The board of trustees by rule may authorize the retirement system, on application by a member and for the sole purpose of determining eligibility for retirement from this system, to recognize service performed under another system participating under Chapter 803 that would have been recognized by this system under that chapter if the service had not been canceled by a withdrawal of contributions.
SECTIONi16.iiSection 844.003, Government Code, is amended by amending Subsections (c) and (e) and adding Subsection (f) to read as follows:
(c)iiThe effective date of a member's disability retirement is the date the
member designates at the time the member applies for retirement under Section
844.301, but the date must be the last day of a calendar month and may not
precede the later of the date the member became disabled or the date the member
terminated [terminates] employment with all participating subdivisions.
(e)iiNotwithstanding Subsections (a), (b), (b-1), [and] (c), and (f), the
effective retirement date of a member may not precede the first anniversary of the
effective date of participation of the subdivision.
(f)iiThe board of trustees by rule may authorize a retiring member to designate an effective service or disability retirement date that is not more than six months before the date the retirement system receives the retirement application. A rule adopted under this section may not suspend another requirement provided by this section for retirement.
SECTIONi17.iiSections 844.006(d) and (f), Government Code, are amended to read as follows:
(d)iiThe [If a qualified domestic relations order, as that term is defined by
Section 804.001, so provides, the] benefit payable to a retiree who is receiving
payments of a standard or optional retirement annuity [computed on the joint
lives of the retiree and the person designated as beneficiary by the retiree] may be
divided by the retirement system into two annuities in accordance with the terms
of a model qualified domestic relations order adopted by the board of trustees by
rule [if:
[(1)iithe person who was designated as beneficiary by the retiree is the
same person as the alternate payee;
[(2)iithe order specifies that one of the two annuities is payable over the
remaining life of the retiree, with no payments to be made under that annuity after
the death of the retiree; and
[(3)iithe order specifies that the annuity payable to the alternate payee is
payable over the remaining life of that person, with no payments to be made
under that annuity after the death of the alternate payee named in the order].
(f)iiThe board of trustees has sole authority and discretion to specify the
terms and format that are required for a domestic relations order to be acceptable
for purposes of this section, to require strict compliance for qualification, and to
define the terms and features of the benefit awarded an alternate payee under the
order. The board [retirement system] by rule may establish requirements for
forms, documentation, and procedures necessary or desirable for the
administration of this section.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4371
SECTIONi18.iiSection 844.008, Government Code, is amended to read as follows:
Sec.i844.008.iiLIMITATION ON PAYMENT OF BENEFITS.
(a)iiNotwithstanding any other provision of this subtitle, the benefit payable to a
retiree of the retirement system may not exceed the maximum benefit permitted
under Section 415(b) of the Internal Revenue Code of 1986 [(26 U.S.C. Section
415(b))] as adjusted in accordance with Section 415(d) of that code. Any
adjustments are applicable to the postretirement benefits of retirees as well as to
the benefits of retiring members. For the purpose of determining whether the
benefit of a retiring member or retiree exceeds the limitations provided in this
section, all defined benefit plans of the employer and of entities required to be
aggregated with the employer for purposes of Section 415 of the Internal
Revenue Code of 1986 are to be treated as one defined benefit plan [and all
defined contribution plans of the employer and of entities required to be
aggregated with the employer] for purposes of Section 415 of that code [are to be
treated as one defined contribution plan]. The limitation year for determining
maximum benefits is the calendar year.
(b)iiAn employer may not provide employee retirement [or deferred]
benefits under a defined benefit plan other than the retirement system to the
extent that the provision of the benefits, when considered together with the
benefits provided under the retirement system, would result in the failure of the
retirement system to meet any of the limitation requirements of Section 415 of the
Internal Revenue Code of 1986 [(26 U.S.C. Section 415)], and the benefits of the
other plan will automatically be reduced, eliminated, or adjusted to the extent
necessary to prevent the failure.
SECTIONi19.iiSection 844.101, Government Code, is amended to read as follows:
Sec.i844.101.iiAPPLICATION FOR SERVICE RETIREMENT
ANNUITY.iiTo receive a retirement annuity for service, an eligible member must
apply by filing a valid application with the retirement system [on or before the
member's effective retirement date designated on the application].
SECTIONi20.iiSection 844.301(a), Government Code, is amended to read as follows:
(a)iiA member may apply for disability retirement byifiling a valid
application for retirement with the retirement system [on or before the member's
effective retirement date designated on the application].
SECTIONi21.iiSection 844.404, Government Code, is amended to read as follows:
Sec.i844.404.iiPERSON CAUSING DEATH OF MEMBER OR ANNUITANT. (a) A benefit, including any optional group term life benefit, payable on the death of a member or annuitant may not be paid to a person convicted of causing that death but instead is payable to a person who would be entitled under this subtitle to the benefit had the convicted person predeceased the decedent. If no person would be entitled to the benefit, the benefit is payable to the decedent's estate.
4372 81st LEGISLATURE — REGULAR SESSION
(b)iiThe retirement system is not required to change the recipient of benefits
under this section [pay a benefit under Subsection (a)] unless it receives actual
notice of the conviction of a beneficiary [the person who would have been
entitled to the benefits]. However, the retirement system may delay payment of a
benefit payable on the death of a member or annuitant pending the results of a
criminal investigation and of legal proceedings relating to the cause of death.
(c)iiThe retirement system is not liable for any benefit paid to a convicted person before the date the system receives actual notice of the conviction, and any payment made before that date is a complete discharge of the system's obligation with regard to that benefit payment. The convicted person holds all payments received in constructive trust for the rightful recipient.
(d)iiIf an annuity is in pay status, the [(c)iiThe] retirement system shall pay
in a lump sum the actuarial equivalent of [convert] the remainder of any annuity
or payments that would otherwise have been payable to [throughout the life of]
the convicted person to the person entitled to the benefit under Subsection (a) or
to the decedent's estate [an actuarially equivalent annuity payable to the
decedent's estate in 60 monthly annuity payments]. The time of the actuarial
equivalence is the earlier of the time the retirement system receives the notice of
the conviction under Subsection (b) or the time the retirement system begins the
delay in payment of a benefit under Subsection (b).
(e)i[(d)]iiFor the purposes of this section, a person has been convicted of
causing the death of a member or annuitant if the person:
(1)iihas pleaded guilty or nolo contendere to or has been found guilty by a court of competent jurisdiction of an offense at the trial of which it is established that the person's intentional, knowing, or reckless act or omission resulted in the death of a person who was a member or annuitant, regardless of whether sentence is imposed or probated; and
(2)iihas no appeal of the conviction pending and the time provided for appeal has expired.
SECTIONi22.iiSubchapter G, Chapter 844, Government Code, is amended by adding Section 844.601 to read as follows:
Sec.i844.601.iiPLAN FUNDING BY NON-ADOPTING COUNTY. (a) This section applies only to a county that began participation in the retirement system before January 1, 1992, and has not adopted the provisions of Subchapter H.
(b)iiExcept as provided by Subsections (c) and (d), the county shall contribute to its account in the subdivision accumulation fund at the same rate of current service compensation as the employee contribution rate for the county.
(c)iiIf in any year the retirement system's actuary determines that the contributions of the county to the subdivision accumulation fund under Subsection (b) will not finance the county's obligations to the fund within the closed or open amortization period recommended by the actuary and adopted by the board of trustees for all subdivisions, the governing body of the county shall adopt an order to reduce the amortization period to the maximum period
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4373
(1)iia reduction in the employee contribution rate to a rate not less than four percent of current service compensation;
(2)iiadditional employer contributions under a supplemental contribution rate as provided by Subsection (e);
(3)iia reduction in the percentage for determining multiple matching credits in five percent increments for contributions made after the effective date of the reduction; or
(4)iiany combination of these actions.
(d)iiAn order adopted under Subsection (c) takes effect on the first day of the calendar year that begins after the date the retirement system's actuary makes a determination described by Subsection (c).
(e)iiA supplemental contribution rate under this section is the rate of contribution by the county to its account in the subdivision accumulation fund, in addition to the contributions required under Subsection (b), that the retirement system's actuary determines and certifies is required to amortize the obligations of the county to the subdivision accumulation fund within the established amortization period.
(f)iiA county that has not adopted the provisions of Subchapter H may not adopt additional options and may not increase service credits or benefits otherwise allowable under this subtitle except for an increase in the rate of employee contributions or an increase in the percentage of multiple matching credits to a rate or percentage that does not exceed the rate or percentage in effect on January 1, 2010.
SECTIONi23.iiSection 844.701, Government Code, is amended to read as follows:
Sec.i844.701.iiAPPLICABILITY.i Except for a county described by Section
844.601, this [(a)iiThis] subchapter applies to each subdivision that participates
[begins participation] in the retirement system [after December 31, 1991].
[(b)iiThe governing body of any subdivision participating before January 1,
1992, by order or resolution may adopt the plan provisions of this subchapter to
be effective on January 1 of the year following the year in which the order or
resolution is received by the system.
[(c)iiOther provisions of this subtitle apply to the plan provisions of this
subchapter except as modified by this subchapter.]
SECTIONi24.iiSection 844.704, Government Code, is amended to read as follows:
Sec.i844.704.iiBENEFITS.i (a)iiThe [On the adoption of the plan provisions
of this subchapter, the] governing body of a [the] subdivision shall select a
percentage for determining multiple matching credits [under Section
843.402.iiThe governing body shall select a percentage] of zero or any
percentage that is a multiple of five percent and that does not exceed 150
percent[, or it may select the multiple matching percentage that the subdivision
has in effect on the date of its adoption of the plan provisions of this
4374 81st LEGISLATURE — REGULAR SESSION
(b)iiThe [On the adoption of the plan provisions of this subchapter, the]
governing body shall select a percentage for determining allocated prior service
credits of zero or any percentage [under Section 843.105.iiThe governing body
shall select a percentage] that is a multiple of five percent.i[For a subdivision that
began participation before January 1, 1992, the percentage cannot be less than the
percentage in effect immediately before the adoption of the plan.]iiThe governing
body may increase the percentage used in determining allocated prior service
credits [under Section 843.105], to take effect on the next January 1 after the date
of the increase.iiThe percentage may not exceed one-half of the percentage that
results from adding 200 percent to the lowest percentage for determining multiple
matching credit currently applicable to any employee contribution with respect to
the subdivision.
(c)iiThe subdivision shall provide current service credits in accordance with Section 843.402.
(d)iiWith the approval of the board of trustees, the [The] governing body of
a subdivision may adopt any benefit increase or additional benefit, option, right,
or feature as authorized under this subtitle [or authorize:
[(1)iian increase in retirement annuities under Section 844.209;
[(2)iian increase in retirement annuities under Section 844.208;
[(3)iithe reestablishment of service credit previously forfeited under
Section 843.003;
[(4)iithe establishment of credited service for military service under
Section 843.502(c);
[(5)iian optional service retirement eligibility provision described by
Section 844.1021; or
[(6)iithe partial lump-sum distribution on service retirement under
Section 844.009].
(e)iiThe governing body may not adopt an increase or addition to the
subdivision's plan [the benefits of this section] if the adoption would result in the
combined rates of the subdivision's normal contributions and prior service
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4375
(f)iiOther than an order or resolution of initial participation in the retirement
system and except as otherwise authorized by the board of trustees, an [An] order
or resolution under this section must be filed with the retirement system not later
than December 15 of the year preceding the year in which it will take effect and
may not take effect until the order or resolution is approved by the board of
trustees as meeting the requirements of this section. An [After approval by the
board, an] order or resolution adopted after participation begins may take effect
only on January 1 of a year[, except that an order or resolution for a subdivision
that begins participation after January 1, 1992, may take effect on the date the
subdivision begins participation].
SECTIONi25.iiSection 845.107, Government Code, is amended to read as follows:
Sec.i845.107.iiAUDITS AND REVIEWS [AUDIT].i (a) In this section:
(1)ii"Audit" means an audit authorized or required by a statute of this state or of the United States or initiated or commissioned by the board of trustees. The term includes a financial audit, compliance audit, economy and efficiency audit, effectiveness audit, performance audit, risk audit, and investigation.
(2)ii"Audit working paper" includes all information, documentary or otherwise, prepared or maintained in conducting an audit or preparing an audit report, including:
(A)iiinternal or external communications relating to the audit that are made or received in the course of the audit; and
(B)iidrafts of an audit report or portions of those drafts.
(b)iiAnnually, or more often, the board of trustees shall have the accounts of the retirement system audited by a certified public accountant.
(c)iiIn addition to the financial audit required by Subsection (b), the board of trustees may initiate or commission an audit or investigation of activities, functions, or operations of the retirement system as the board determines appropriate.
(d)iiAudit working papers prepared, maintained, or assembled by the retirement system or an agent of the system are not a record of the board of trustees for purposes of Section 845.112, and are confidential and excepted from the disclosure requirements of Chapter 552.
(e)iiUnless made confidential under other law, an audit report, when accepted by the board of trustees in its final form, is a record of the board and public information.
SECTIONi26.iiSection 845.110, Government Code, is amended by adding Subsection (c) to read as follows:
(c)iiOn recommendation of the retirement system's actuary, the board of trustees by rule may adopt a mortality basis to be used in determining actuarial equivalents. A mortality basis adopted under this subsection may not be applied
4376 81st LEGISLATURE — REGULAR SESSION
SECTIONi27.iiSection 845.114(a), Government Code, is amended to read as follows:
(a)iiIn this chapter [section], "participant" means a member, former member,
retiree, annuitant, beneficiary, or alternate payee of the retirement system.
SECTIONi28.iiSection 845.1151, Government Code, is amended to read as follows:
Sec.i845.1151.iiELECTRONIC INFORMATION. [(a) In this section,
"participant" has the meaning assigned by Section 845.114(a).
[(b)]iiThe retirement system may provide confidential information
electronically to a participant and to a subdivision and receive information
electronically from those persons, including by use of an electronic signature or
certification in a form acceptable to the retirement system.iiAn unintentional
disclosure to, or unauthorized access by, a third party related to the transmission
or receipt of information under this section is not a violation by the retirement
system of any law, including a rule relating to the protection of confidential
information.
SECTIONi29.iiSection 845.305(b), Government Code, is amended to read as follows:
(b)iiAll assets of the pension trust of the retirement system shall be credited according to the purpose for which they are held to one of the following funds:
(1)iiemployees saving fund;
(2)iisubdivision accumulation fund;
(3)iicurrent service annuity reserve fund;
(4)iiincome [interest] fund;
(5)iiendowment fund; or
(6)iiexpense fund.
SECTIONi30.iiThe heading to Section 845.309, Government Code, is amended to read as follows:
Sec.i845.309.iiINCOME [INTEREST] FUND.
SECTIONi31.iiSection 845.309(a), Government Code, is amended to read as follows:
(a)iiThe income [interest] fund shall account for the determination and
allocation of net investment income or loss.
SECTIONi32.iiSection 845.315(a), Government Code, is amended to read as follows:
(a)iiAs of December 31 of each year, the board of trustees shall make the following allocations that in the aggregate equal the net investment income or loss for the year:
(1)iito the current service annuity reserve fund, interest as allowed under this subtitle on the mean amount in the current service annuity reserve fund during that year;
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4377
(2)iito the optional group term life [supplemental death benefits] fund,
interest as allowed under this subtitle on the mean amount in the optional group
term life [supplemental death benefits] fund during that year;
(3)iito the general reserves account of the endowment fund, a positive or negative amount determined by the board;
(4)iito the employees saving fund, current interest as allowed under this subtitle on the member account balances on January 1 of that year of all persons who are members on December 31 of that year;
(5)iito the accounts of subdivisions, other than subdivisions otherwise
described by this section, [an amount derived by applying a] positive or negative
amounts [rate,] as determined under rules adopted by the board prescribing the
allocation methodology for the accounts[, to the January 1 balances of that year];
and
(6)iito the accounts of subdivisions to which Section 842.052 or 842.053 applies, positive or negative amounts as determined by the board.
SECTIONi33.iiSections 845.402(b) and (c), Government Code, are amended to read as follows:
(b)iiAfter timely notice to the board of trustees, the [The] governing body of
a participating subdivision may increase the rate of its member contributions
effective with [on] the first pay period beginning in the following [day of any]
calendar year.
(c)iiAfter timely notice to the board of trustees, the [The] governing body of
a participating subdivision may reduce the rate of its member contributions
effective with [on] the first pay period beginning in the following [day of any]
calendar year [if, at least 90 days before the date of the reduction, the subdivision
has given written notice of the reduction to the board of trustees and if the actuary
determines that the reduction would not impair the ability of the subdivision to
fund all obligations against its account in the subdivision accumulation fund
before the 20th anniversary of the subdivision's most recent actuarial valuation
date].
SECTIONi34.iiSubchapter E, Chapter 845, Government Code, is amended by adding Section 845.405 to read as follows:
Sec.i845.405.iiALTERNATIVE PERIODS FOR ADMINISTRATIVE COMPLIANCE. (a) Notwithstanding any other provision of this subtitle, the board of trustees may authorize a subdivision to remit to the retirement system contributions, deposits, and other payments on the basis of a period that is less than a month, including a weekly, biweekly, or other semimonthly period. A subdivision authorized to remit amounts more frequently than monthly shall make reports and filings and perform other actions accordingly, and the retirement system shall credit payments accordingly.
(b)iiThe board of trustees may make an authorization under Subsection (a) by rule applicable to all subdivisions similarly situated or by order applicable to designated subdivisions. A rule adopted under this subsection is amendable or revocable in the manner provided for adoption, amendment, or repeal of rules generally. An order adopted under this subsection is revocable wholly or partly by subsequent board order.
4378 81st LEGISLATURE — REGULAR SESSION
(c)iiIf the board of trustees adopts a rule or order under Subsection (b), the board shall also adopt rules, applicable to a subdivision electing or designated to take actions described by this section more frequently than monthly, to alter the periods required for submission of payments and reports, including the period when a late penalty begins to accrue or is deducted from a subdivision's account in the subdivision accumulation fund, in a manner consistent with the periods provided by this subtitle.
(d)iiA participant may not receive less credited service, service credit, or benefits due to an authorization under this section than the participant would have received on a monthly basis.
SECTIONi35.iiSection 845.407(a), Government Code, is amended to read as follows:
(a)iiExcept as provided by Subsections (c), (d), and (e), a participating
subdivision that fails to provide the information required by Section 845.403 or to
pay all contributions required by this subchapter to be made and remitted to the
retirement system not later than the 15th day of the month in which they become
due shall pay a penalty under this section. The penalty for a past-due monthly
remission is equal to interest on the past-due amounts for each day past due at a
nominal interest rate of 12 percent, plus a $500 administrative fee. If the penalty
is not paid within three months after the date notice of the penalty has been sent
to the subdivision, the retirement system shall deduct the penalty from the
subdivision's account in the subdivision accumulation fund. The interest portion
of the penalty shall be deposited by the retirement system in the distributable
income account of the income [interest] fund. The administrative fee portion of
the penalty shall be deposited by the retirement system in the expense fund.
SECTIONi36.iiSections 845.503(a) and (b), Government Code, are amended to read as follows:
(a)iiThe retirement system may reduce future payments of benefits based on
the account of a member, a retiree, or other former member to recoup an amount
overpaid or otherwise paid in error to or on the behalf of a participant [the
member, former member, retiree, annuitant, or beneficiary].iiIf no future
payments are due, the retirement system may recover the overpayment in any
manner that is permitted for the collection of any other debt.
(b)iiThe retirement system may not recover from a participant [member,
former member, retiree, annuitant, or beneficiary] any overpayment made more
than three years before the date the overpayment is discovered.iiThis subsection
does not apply to an overpayment a reasonable person should know the person is
not entitled to receive.
SECTIONi37.iiSection 844.601(b), Government Code, as added by this Act, applies only to employer contributions to the Texas County and District Retirement System that become due on or after January 1, 2010. A county subject to Section 844.601(b), Government Code, is obligated to make employer contributions to the Texas County and District Retirement System before January 1, 2010, at the rate in effect on August 31, 2009.
SECTIONi38.iiThe following laws are repealed:
(1)iiSection 843.0031(a), Government Code;
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4379
(2)iiSections 843.502(d) and (e), Government Code;
(3)iiSections 844.605, 844.606, 844.607, 844.608, and 844.609, Government Code;
(4)iiSection 845.115(f), Government Code; and
(5)iiSection 95, Chapter 873 (HBi1587), Acts of the 80th Legislature, Regular Session, 2007.
SECTIONi39.ii(a) Except as provided by Subsection (b) of this section, this Act takes effect January 1, 2010.
(b)iiSections 841.0091 and 844.601, Government Code, as added by this Act, Section 845.315, Government Code, as amended by this Act, and Section 37 of this Act take effect September 1, 2009.
SB 1007 - POINT OF ORDER
Representative P. King raised a point of order against the one hour notice to take up SB 1007 out of its regular order under Rule 14, Section 4 of the House Rules on the grounds that the chair misstated the bill number when he advised the house of the notice.
The chair sustained the point of order.
SB 93 - REQUEST OF SENATE GRANTED
CONFERENCE COMMITTEE APPOINTED
On motion of Representative Castro, the house granted the request of the senate for the appointment of a Conference Committee on SB 93.
The chair announced the appointment of the following conference committee, on the part of the house, on SB 93: Castro, chair; Farias, Branch, Pitts, and Morrison.
HB 2991 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Christian called up with senate amendments for consideration at this time,
HB 2991, A bill to be entitled An Act relating to the exemption of special rangers and special Texas Rangers from certain required law enforcement education and training programs regarding persons with mental impairments.
Representative Christian moved to concur in the senate amendments to HBi2991.
The motion to concur in the senate amendments to HB 2991 prevailed by (Record 1068): 145 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock;
4380 81st LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker; Eiland(C).
Absent, Excused — Corte; Kuempel.
Absent — Riddle.
Senate Committee Substitute
CSHB 2991, A bill to be entitled An Act relating to the exemption of certain honorably retired special rangers and special Texas Rangers from certain required law enforcement education and training programs regarding persons with mental impairments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiThis Act shall be known as the Hal Wyatt Act.
SECTIONi2.iiSection 1701.356, Occupations Code, is amended by adding Subsection (c) to read as follows:
(c)iiAn honorably retired commissioned officer of the Department of Public Safety who is a special ranger under Section 411.023, Government Code, or who is a special Texas Ranger under Section 411.024, Government Code, may not be required to undergo training under Section 1701.253(j).
SECTIONi3.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.
(Speaker in the chair)
HB 4593 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Eiland called up with senate amendments for consideration at this time,
HB 4593, A bill to be entitled An Act relating to the marketing of shrimp and aquaculture products.
Representative Eiland moved to concur in the senate amendments to HBi4593.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4381
The motion to concur in the senate amendments to HB 4593 prevailed by (Record 1069): 143 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Hartnett; Heflin; Hernandez; Herrero; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pierson; Pitts; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Corte; Kuempel.
Absent — Harper-Brown; Hilderbran; Pickett; Riddle.
STATEMENTS OF VOTE
When Record No. 1069 was taken, I was in the house but away from my desk. I would have voted yes.
Hilderbran
I was shown voting yes on Record No. 1069. I intended to vote no.
Laubenberg
I was shown voting yes on Record No. 1069. I intended to vote no.
Paxton
Senate Committee Substitute
CSHB 4593, A bill to be entitled An Act relating to the marketing of shrimp and aquaculture products.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 47.051(5), Agriculture Code, is amended to read as follows:
(5)ii"Texas-produced shrimp" means wild-caught shrimp commercially
harvested from coastal waters by a shrimp boat licensed by the Parks and Wildlife
Department [and produced within the borders of the state].
SECTIONi2.iiSection 47.052(a), Agriculture Code, is amended to read as follows:
4382 81st LEGISLATURE — REGULAR SESSION
(a)iiThe Texas shrimp marketing assistance program is established in the
department to assist the Texas wild-caught shrimping [shrimp] industry in
promoting and marketing Texas-produced shrimp and educating the public about
the Texas wild-caught shrimping [shrimp] industry and Texas-produced shrimp.
SECTIONi3.iiSection 47.053(b), Agriculture Code, is amended to read as follows:
(b)iiThe advisory committee shall be composed of the following nine [10]
members:
(1)iitwo owners of commercial bay shrimp boats;
(2)iitwo owners of commercial gulf shrimp boats;
(3)ii[one member of the Texas shrimp aquaculture industry;
[(4)]iione retail wild-caught shrimp [fish] dealer;
(4)i[(5)]iione wholesale wild-caught shrimp [fish] dealer;
(5)i[(6)]iione person employed by an institution of higher education as a
researcher or instructor specializing in the area of food science, particularly
seafood;
(6)i[(7)]iione member of the seafood restaurant industry; and
(7)i[(8)]iione representative of the public.
SECTIONi4.iiSection 47.054(b), Agriculture Code, is amended to read as follows:
(b)iiUnless otherwise expressly provided by the legislature, the source of
funding for the payment of employee salaries shall be funds generated from the
program, including the 10 percent license fee increase authorized by Section
77.002, Parks and Wildlife Code[, and the surcharge on license fees authorized
by Section 134.014].
SECTIONi5.iiSection 47.055, Agriculture Code, is amended to read as follows:
Sec.i47.055.iiPROMOTION, MARKETING, AND EDUCATION. The
program shall promote and advertise the Texas wild-caught shrimping [shrimp]
industry by:
(1)iideveloping and maintaining a database of Texas shrimp wholesalers that sell Texas-produced shrimp;
(2)iioperating a toll-free telephone number to:
(A)iireceive inquiries from persons who wish to purchase a particular type of Texas-produced shrimp; and
(B)iimake information about the Texas wild-caught shrimping
[shrimp] industry available to the public;
(3)iideveloping a wild-caught shrimping [shrimp] industry marketing
plan to increase the consumption of Texas-produced shrimp;
(4)iieducating the public about Texas-produced shrimp by providing publicity about the information in the program's database to the public and making the information available to the public through the department's toll-free telephone number and electronically through the Internet;
(5)iipromoting the Texas wild-caught shrimping [shrimp] industry; and
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(6)iipromoting and marketing, and educating consumers about, Texas-produced shrimp using any other method the commissioner determines appropriate.
SECTIONi6.iiSection 134.014, Agriculture Code, is amended to read as follows:
Sec.i134.014.iiLICENSE FEES. [(a)]iiThe department shall issue an
aquaculture license or a fish farm vehicle license on completion of applicable
license requirements and the payment of a fee by the applicant, as provided by
department rule.
[(b)iiIn addition to the fees under Subsection (a), the department shall assess
and collect a surcharge on the annual license fee for aquaculture facilities
producing shrimp for the purpose of funding the Texas shrimp marketing
assistance program created under Subchapter B, Chapter 47. The amount of the
surcharge shall be set each year, as provided by department rule, in an amount
equal to 10 percent of the fees generated by the Parks and Wildlife Department
under Section 77.002(c), Parks and Wildlife Code.
[(c)iiThe department shall deposit at the end of each quarter, to the credit of
the shrimp marketing account, the fees received under Subsection (b) for use by
the department to conduct and operate the Texas shrimp marketing assistance
program created under Subchapter B, Chapter 47.]
SECTIONi7.iiSection 77.002(b), Parks and Wildlife Code, is amended to read as follows:
(b)iiThe shrimp marketing account is an account in the general revenue fund
to be used by the Department of Agriculture solely for the purpose of the Texas
shrimp marketing assistance program established under Subchapter B, Chapter
47, Agriculture Code. The account consists of funds deposited to the account
under this section [and Section 134.014(b), Agriculture Code]. The account is
exempt from the application of Section 11.032 of this code and Section 403.095,
Government Code.
SECTIONi8.iiThis Act takes effect September 1, 2009.
HB 2467 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Rodriguez called up with senate amendments for consideration at this time,
HB 2467, A bill to be entitled An Act relating to the definition of a playground for purposes of certain places protected from certain criminal activities.
Representative Rodriguez moved to concur in the senate amendments to HBi2467.
The motion to concur in the senate amendments to HB 2467 prevailed by (Record 1070): 140 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb;
4384 81st LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker(C).
Absent, Excused — Corte; Kuempel.
Absent — Guillen; McReynolds; Menendez; Oliveira; Pickett; Raymond; Riddle.
Senate Committee Substitute
CSHB 2467, A bill to be entitled An Act relating to the definition of playgrounds and to including those playgrounds in the designation of certain places as drug-free zones for purposes of criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 481.134(a)(3), Health and Safety Code, is amended to read as follows:
(3)ii"Playground" means any outdoor facility that is not on the premises of a school and that:
(A)iiis intended for recreation;
(B)iiis open to the public; and
(C)iicontains three or more play stations [separate apparatus]
intended for the recreation of children, such as slides, swing sets, and
teeterboards.
SECTIONi2.iiSubections (c), (d), (e), and (f), Section 481.134, Health and Safety Code, are amended to read as follows:
(c)iiThe minimum term of confinement or imprisonment for an offense otherwise punishable under Section 481.112(c), (d), (e), or (f), 481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f), 481.116(c), (d), or (e), 481.117(c), (d), or (e), 481.118(c), (d), or (e), 481.120(b)(4), (5), or (6), or 481.121(b)(4), (5), or (6) is increased by five years and the maximum fine for the offense is doubled if it is shown on the trial of the offense that the offense was committed:
(1)iiin, on, or within 1,000 feet of the premises of a school, the premises
of [or] a public or private youth center, or a playground; or
(2)iion a school bus.
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(d)iiAn offense otherwise punishable under Section 481.112(b), 481.113(b), 481.114(b), 481.115(b), 481.116(b), 481.120(b)(3), or 481.121(b)(3) is a felony of the third degree if it is shown on the trial of the offense that the offense was committed:
(1)iiin, on, or within 1,000 feet of any real property that is owned,
rented, or leased to a school or school board, [or] the premises of a public or
private youth center, or a playground; or
(2)iion a school bus.
(e)iiAn offense otherwise punishable under Section 481.117(b), 481.119(a), 481.120(b)(2), or 481.121(b)(2) is a state jail felony if it is shown on the trial of the offense that the offense was committed:
(1)iiin, on, or within 1,000 feet of any real property that is owned,
rented, or leased to a school or school board, [or] the premises of a public or
private youth center, or a playground; or
(2)iion a school bus.
(f)iiAn offense otherwise punishable under Section 481.118(b), 481.119(b), 481.120(b)(1), or 481.121(b)(1) is a Class A misdemeanor if it is shown on the trial of the offense that the offense was committed:
(1)iiin, on, or within 1,000 feet of any real property that is owned,
rented, or leased to a school or school board, [or] the premises of a public or
private youth center, or a playground; or
(2)iion a school bus.
SECTIONi3.iiThe change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.
SECTIONi4.iiThis Act takes effect September 1, 2009.
HB 4341 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Truitt called up with senate amendments for consideration at this time,
HB 4341, A bill to be entitled An Act relating to the regulation of discount health care programs by the Texas Department of Insurance; providing penalties.
Representative Truitt moved to concur in the senate amendments to HBi4341.
The motion to concur in the senate amendments to HB 4341 prevailed by (Record 1071): 141 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee;
4386 81st LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker(C).
Absent, Excused — Corte; Kuempel.
Absent — Guillen; King, P.; Menendez; Raymond; Riddle; Woolley.
Senate Committee Substitute
CSHB 4341, A bill to be entitled An Act relating to the regulation of discount health care programs by the Texas Department of Insurance; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubtitle C, Title 5, Insurance Code, is amended by adding Chapter 562 to read as follows:
CHAPTER 562. UNFAIR METHODS OF COMPETITION AND
UNFAIR OR DECEPTIVE ACTS OR PRACTICES REGARDING
DISCOUNT HEALTH CARE PROGRAMS
SUBCHAPTER A. GENERAL PROVISIONS
Sec.i562.001.iiPURPOSE.i The purpose of this chapter is to regulate trade practices in the business of discount health care programs by:
(1)iidefining or providing for the determination of trade practices in this state that are unfair methods of competition or unfair or deceptive acts or practices; and
(2)iiprohibiting those unfair or deceptive trade practices.
Sec.i562.002.iiDEFINITIONS.i In this chapter:
(1)ii"Advertisement, solicitation, or marketing material" means material that is made, published, disseminated, circulated, or placed before the public:
(A)iiin a newspaper, magazine, or other publication;
(B)iiin a notice, circular, pamphlet, letter, or poster;
(C)iiover a radio or television station;
(D)iithrough the Internet;
(E)iiin a telephone sales script; or
(F)iiin any other manner.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4387
(2)ii"Discount health care program" means a business arrangement or contract in which an entity, in exchange for fees, dues, charges, or other consideration, offers its members access to discounts on health care services provided by health care providers. The term does not include an insurance policy, certificate of coverage, or other product otherwise regulated by the department or a self-funded or self-insured employee benefit plan.
(3)ii"Discount health care program operator" means a person who, in exchange for fees, dues, charges, or other consideration, operates a discount health care program and contracts with providers, provider networks, or other discount health care program operators to offer access to health care services at a discount and determines the charge to members.
(4)ii"Health care services" includes physician care, inpatient care, hospital surgical services, emergency services, ambulance services, laboratory services, audiology services, dental services, vision services, mental health services, substance abuse services, chiropractic services, and podiatry services, and the provision of medical equipment and supplies, including prescription drugs.
(5)ii"Marketer" means a person who sells or distributes, or offers to sell or distribute, a discount health care program, including a private label entity that places its name on and markets or distributes a discount health care program, but does not operate a discount health care program.
(6)ii"Member" means a person who pays fees, dues, charges, or other consideration for the right to participate in a discount health care program.
(7)ii"Person" means an individual, corporation, association, partnership, or other legal entity.
(8)ii"Program operator" means a discount health plan program operator.
(9)ii"Provider" means a person who is licensed or otherwise authorized to provide health care services in this state.
Sec.i562.003.iiVENUE FOR ACTIONS INVOLVING DEPARTMENT OR COMMISSIONER.i An action under this chapter in which the department or commissioner is a party must be brought in a district court in Travis County.
Sec.i562.004.iiAPPLICABILITY. Except as otherwise provided by this chapter, a program operator, including the operator of a freestanding discount health care program or a discount health care program marketed by an insurer or a health maintenance organization, shall comply with this chapter.
Sec.i562.005.iiLIBERAL CONSTRUCTION.i This chapter shall be liberally construed and applied to promote the underlying purposes as provided by Section 562.001.
[Sections 562.006-562.050 reserved for expansion]
SUBCHAPTER B. UNFAIR METHODS OF COMPETITION AND
UNFAIR OR DECEPTIVE ACTS OR PRACTICES DEFINED
Sec.i562.051.iiMISREPRESENTATION REGARDING DISCOUNT HEALTH CARE PROGRAM.i It is an unfair method of competition or an unfair or deceptive act or practice in the business of discount health care programs to:
(1)iimisrepresent the price range of discounts offered by the discount health care program;
4388 81st LEGISLATURE — REGULAR SESSION
(2)iimisrepresent the size or location of the program's network of providers;
(3)iimisrepresent the participation of a provider in the program's network;
(4)iisuggest that a discount card offered through the program is a federally approved Medicare prescription discount card;
(5)iiuse the term "insurance," except as:
(A)iia disclaimer of any relationship between the discount health care program and insurance; or
(B)iia description of an insurance product connected with a discount health care program; or
(6)iiuse the term "health plan," "coverage," "copay," "copayments," "deductible," "preexisting conditions," "guaranteed issue," "premium," "PPO," or "preferred provider organization," or another similar term, in a manner that could reasonably mislead an individual into believing that the discount health care program is health insurance or provides coverage similar to health insurance.
Sec.i562.052.iiFALSE INFORMATION AND ADVERTISING. It is an unfair method of competition or an unfair or deceptive act or practice in the business of discount health care programs to make, publish, disseminate, circulate, or place before the public or directly or indirectly cause to be made, published, disseminated, circulated, or placed before the public an advertisement, solicitation, or marketing material containing an untrue, deceptive, or misleading assertion, representation, or statement regarding the discount health care program.
Sec.i562.053.iiFAILURE TO REGISTER OR RENEW REGISTRATION; FALSE REGISTRATION OR RENEWAL STATEMENT.ii(a) It is an unfair method of competition or an unfair or deceptive act or practice in the business of discount health care programs to:
(1)iifail to register or renew registration as required under Chapter 7001; or
(2)iiwith intent to deceive:
(A)iifile with the department a false statement in connection with an application for registration as a program operator under Chapter 7001; or
(B)iifile with the department a false statement in connection with an application for renewal of a registration as a program operator under Chapter 7001.
(b)iiThe commissioner may impose on a person operating a discount health care program for the person's failure to register or renew registration as required under Chapter 7001 any remedy that the commissioner is authorized to impose under Chapter 101 for the unauthorized business of insurance.
Sec.i562.054.iiMISREPRESENTATION OF DISCOUNT HEALTH CARE PROGRAMS.i It is an unfair method of competition or an unfair or deceptive act or practice in the business of discount health care programs to misrepresent a discount health care program by:
(1)iimaking an untrue statement of material fact;
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4389
(2)iifailing to state a material fact necessary to make other statements made not misleading, considering the circumstances under which the statements were made;
(3)iimaking a statement in a manner that would mislead a reasonably prudent person to a false conclusion of a material fact;
(4)iimaking a material misstatement of law; or
(5)iifailing to disclose a matter required by law to be disclosed, including failing to make an applicable disclosure required by this code.
[Sections 562.055-562.100 reserved for expansion]
SUBCHAPTER C. REGULATION OF PRACTICES
Sec.i562.101.iiUNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS OR PRACTICES PROHIBITED.i A person may not engage in this state in a trade practice that is defined in this chapter as or determined under this chapter to be an unfair method of competition or an unfair or deceptive act or practice in the business of discount health care programs.
Sec.i562.102.iiPROHIBITED CONTENT OF CERTAIN DISCOUNT HEALTH CARE PROGRAM ADVERTISING, SOLICITATION, OR MARKETING. Notwithstanding any other provision of this code, it is unlawful for a program operator or marketer to advertise, solicit, or market a discount health care program containing the words "approved by the Texas Department of Insurance" or words with a similar meaning.
Sec.i562.103.iiPROGRAM OPERATOR DUTIES. (a) A program operator shall:
(1)iiprovide a toll-free telephone number and Internet website for members to obtain information about the discount health care program and confirm or find providers currently participating in the program; and
(2)iiremove a provider from the discount health care program not later than the 30th day after the date the program operator learns that the provider is no longer participating in the program or has lost the authority to provide services or products.
(b)iiA program operator shall issue at least one membership card to serve as proof of membership in the discount health care program that must:
(1)iicontain a clear and conspicuous statement that the discount health care program is not insurance; and
(2)iiif the discount health care program includes discount prescription drug benefits, include:
(A)iithe name or logo of the entity administering the prescription drug benefits;
(B)iithe international identification number assigned by the American National Standards Institute for the entity administering the prescription drug benefits;
(C)iithe group number applicable to the member; and
(D)iia telephone number to be used to contact an appropriate person to obtain information relating to the prescription drug benefits provided under the program.
4390 81st LEGISLATURE — REGULAR SESSION
(c)iiNot later than the 15th day after the date of enrollment, a program operator shall issue at least one set of disclosure materials describing the terms and conditions of the discount health care program to each household in which a person is a member, including a statement that:
(1)iithe discount health care program is not insurance, with the word "not" capitalized;
(2)iithe member is required to pay the entire amount of the discounted rate;
(3)iithe discount health care program does not guarantee the quality of the services or products offered by individual providers; and
(4)iiif the member remains dissatisfied after completing the discount health care program's complaint system, the member may contact the member's state insurance department.
(d)iiA program operator shall ensure that an application form or other membership agreement:
(1)iiclearly and conspicuously discloses the duration of membership and the amount of payments the member is obligated to make for the membership; and
(2)iicontains a clear and conspicuous statement that the discount health care program is not insurance.
(e)iiA program operator shall allow any member who cancels a membership in the discount health care program not later than the 30th day after the date the person becomes a member to receive a refund, not later than the 30th day after the date the program operator receives a valid cancellation notice and returned membership card, of all periodic membership charges paid by that member to the program operator and the amount of any one-time enrollment fee that exceeds $50.
(f)iiA program operator shall:
(1)iimaintain a surety bond, payable to the department for the use and benefit of members in a manner prescribed by the department, in the principal amount of $50,000, except that a program operator that is an insurer that holds a certificate of authority under Title 6 is not required to maintain the surety bond;
(2)iimaintain an agent for service of process in this state; and
(3)iiestablish and operate a fair and efficient procedure for resolution of complaints regarding the availability of contracted discounts or services or other matters relating to the contractual obligations of the discount health care program to its members.
Sec.i562.104.iiMARKETING OF PROGRAM. (a) A program operator may market directly or contract with marketers for the distribution of the program operator's discount health care programs.
(b)iiA program operator shall enter into a written contract with a marketer before the marketer begins marketing, promoting, selling, or distributing the program operator's discount health care program. The contract must prohibit the marketer from using an advertisement, solicitation, or other marketing material or a discount card that has not been approved in advance and in writing by the program operator.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4391
(c)iiA program operator must approve in writing before their use all advertisements, solicitations, or other marketing materials and all discount cards used by marketers to market, promote, sell, or distribute the discount health care program.
(d)iiEach advertisement, solicitation, or marketing material of a discount health care program must clearly and conspicuously state that the discount health care program is not insurance.
Sec.i562.105.iiCONTRACT REQUIREMENTS. (a) A program operator shall contract, directly or indirectly, with a provider offering discounted health care services or products under the discount health care program. The written contract must contain all of the following provisions:
(1)iia description of the discounts to be provided to a member;
(2)iia provision prohibiting the provider from charging a member more than the discounted rate agreed to in the written agreement with the provider; and
(3)iia provision requiring the provider to promptly notify the program operator if the provider no longer participates in the program or loses the authority to provide services or products.
(b)iiThe program operator may not charge or receive from a provider any fee or other compensation for entering into the agreement.
(c)iiIf the program operator contracts with a network of providers, the program operator shall obtain written assurance from the network that:
(1)iithe network has a written agreement with each network provider that includes a discounted rate that is applicable to a program operator's discount health care program and contains all of the terms described in Subsection (a); and
(2)iithe network is authorized to obligate the network providers to provide services to members of the discount health care program.
(d)iiThe program operator shall require the network to:
(1)iimaintain and provide the program operator on a monthly basis an up-to-date list of providers in the network; and
(2)iipromptly remove a provider from its network if the provider no longer participates or loses the authority to provide services or products.
(e)iiThe program operator shall maintain a copy of each written agreement the program operator has with a provider or a network for at least two years following termination of the agreement.
Sec.i561.106.iiSUBMISSION OF MATERIALS. If the commissioner reasonably believes that a program operator or a marketer may not be operating in compliance with this chapter, the commissioner by order may require the program operator or the marketer to submit to the commissioner any advertisement, solicitation, or marketing material, disclosure material, discount card, agreement, or other document requested by the commissioner.
[Sections 562.107-562.150 reserved for expansion]
SUBCHAPTER D. DETERMINATION OF UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE ACTS OR PRACTICES; ENFORCEMENT; SANCTIONS AND PENALTIES
Sec.i562.151.iiEXAMINATION AND INVESTIGATION.i The department may examine and investigate the affairs of a person engaged in the business of discount health care programs in this state to determine whether the person:
(1)iihas or is engaged in an unfair method of competition or unfair or deceptive act or practice prohibited by this chapter; or
(2)iihas violated Subchapter B or C.
4392 81st LEGISLATURE — REGULAR SESSION
Sec.i562.152.iiSTATEMENT OF CHARGES; NOTICE OF HEARING. (a) When the department has reason to believe that a person engaged in the business of discount health care programs in this state has engaged or is engaging in this state in an unfair method of competition or unfair or deceptive act or practice defined by Subchapter B or has violated Subchapter B or C and that a proceeding by the department regarding the charges is in the interest of the public, the department shall issue and serve on the person:
(1)iia statement of the charges; and
(2)iia notice of the hearing on the charges, including the time and place for the hearing.
(b)iiThe department may not hold the hearing before the sixth day after the date the notice required by Subsection (a)(2) is served.
Sec.i562.153.iiHEARING.i A person against whom charges are made under Section 562.152 is entitled at the hearing on the charges to have an opportunity to be heard and show cause why the department should not issue an order requiring the person to cease and desist from:
(1)iiperforming the unfair method of competition or unfair or deceptive act or practice described in the charges; or
(2)iiviolating Subchapter B or C.
Sec.i562.154.iiHEARING PROCEDURES.i (a)iiNothing in this chapter requires the observance of formal rules of pleading or evidence at a hearing under this subchapter.
(b)iiAt a hearing under this subchapter, the department, on a showing of good cause, shall permit any person to intervene, appear, and be heard by counsel or in person.
Sec.i562.155.iiRECORD OF HEARING.i (a)iiAt a hearing under this subchapter, the department may, and at the request of a party to the hearing shall, make a record of the proceedings and the evidence presented at the hearing.
(b)iiIf the department does not make a record and a person seeks judicial review of the decision made at the hearing, the department shall prepare a statement of the evidence and proceeding for use on review.
Sec.i562.156.iiCOMPLIANCE WITH SUBPOENA. (a) If a person refuses to comply with a subpoena issued in connection with a hearing under this subchapter or refuses to testify with respect to a matter about which the person may be lawfully interrogated, on application of the department, a district court in Travis County or in the county in which the person resides may order the person to comply with the subpoena or testify.
(b)iiA court may punish as contempt a person's failure to obey an order under this section.
Sec.i562.157.iiDETERMINATION OF VIOLATION. After a hearing under this subchapter to determine whether a person has engaged in an unfair method of competition or unfair or deceptive act or practice prohibited by this chapter, the department shall determine whether:
(1)iithe method of competition or the act or practice considered in the hearing is defined as:
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(A)iian unfair method of competition or deceptive act or practice under Subchapter B; or
(B)iia false, misleading, or deceptive act or practice under Section 17.46, Business & Commerce Code; and
(2)iithe person against whom the charges were made engaged in the method of competition or act or practice in violation of:
(A)iithis chapter; or
(B)iiSubchapter E, Chapter 17, Business & Commerce Code, as specified in Section 17.46, Business & Commerce Code.
Sec.i562.158.iiCEASE AND DESIST ORDER. On determining that a person committed a violation described by Section 562.157 or committed a violation of Subchapter B or C, the department shall:
(1)iimake written findings; and
(2)iiissue and serve on the person an order requiring the person to cease and desist from engaging in the method of competition or act or practice determined to be a violation or the violation of Subchapter B or C, as applicable.
Sec.i562.159.iiMODIFICATION OR SETTING ASIDE OF ORDER. On the notice and in the manner the department determines proper, the department may modify or set aside wholly or partly a cease and desist order issued under Section 562.158 at any time before a petition appealing the order is filed in accordance with Subchapter D, Chapter 36.
Sec.i562.160.iiADMINISTRATIVE PENALTY FOR VIOLATION OF CEASE AND DESIST ORDER. (a) A person who violates a cease and desist order issued under Section 562.158 is subject to an administrative penalty under Chapter 84.
(b)iiIn determining whether a person has violated a cease and desist order, the department shall consider the maintenance of procedures reasonably adapted to ensure compliance with the order.
(c)iiAn administrative penalty imposed under this section may not exceed:
(1)ii$1,000 for each violation; or
(2)ii$5,000 for all violations.
(d)iiAn order of the department imposing an administrative penalty under this section applies only to a violation of the cease and desist order committed before the date the order imposing the penalty is issued.
Sec.i562.161.iiCIVIL PENALTY FOR VIOLATION OF CEASE AND DESIST ORDER. (a) A person who is found by a court to have violated a cease and desist order issued under Section 562.158 is liable to the state for a penalty. The state may recover the penalty in a civil action.
(b)iiThe penalty may not exceed $50 unless the court finds the violation to be wilful, in which case the penalty may not exceed $500.
[Sections 562.162-562.200 reserved for expansion]
SUBCHAPTER E. ENFORCEMENT BY ATTORNEY GENERAL
Sec.i562.201.iiINJUNCTIVE RELIEF. (a) The attorney general may bring an action under this section if the attorney general has reason to believe that:
4394 81st LEGISLATURE — REGULAR SESSION
(1)iia person engaged in the business of discount health care programs in this state is engaging in, has engaged in, or is about to engage in an act or practice defined as unlawful under:
(A)iithis chapter; or
(B)iiSection 17.46, Business & Commerce Code; and
(2)iithe action is in the public interest.
(b)iiThe attorney general may bring the action in the name of the state to restrain by temporary or permanent injunction the person's use of the method, act, or practice.
Sec.i562.202.iiVENUE FOR INJUNCTIVE ACTION. An action for an injunction under this subchapter may be commenced in a district court in:
(1)iithe county in which the person against whom the action is brought:
(A)iiresides;
(B)iihas the person's principal place of business; or
(C)iiis engaging in business;
(2)iithe county in which the transaction or a substantial portion of the transaction occurred; or
(3)iiTravis County.
Sec.i562.203.iiISSUANCE OF INJUNCTION. (a) The court may issue an appropriate temporary or permanent injunction.
(b)iiThe court shall issue the injunction without bond.
Sec.i562.204.iiCIVIL PENALTY. In addition to requesting a temporary or permanent injunction under Section 562.201, the attorney general may request a civil penalty of not more than $20,000 for each violation on a finding by the court that the defendant has engaged in or is engaging in an act or practice defined as unlawful under this chapter or Section 17.46, Business & Commerce Code.
Sec.i562.205.iiCOMPENSATION OR RESTORATION. The court may make an additional order or judgment as necessary to compensate an identifiable person for actual damages or for restoration of money or property that may have been acquired by means of an enjoined act or practice.
Sec.i562.206.iiCIVIL PENALTY FOR VIOLATION OF INJUNCTION. (a) A person who violates an injunction issued under this subchapter is liable for and shall pay to the state a civil penalty of not more than $10,000 for each violation.
(b)iiThe attorney general may, in the name of the state, petition the court for recovery of the civil penalty against the person who violates the injunction.
(c)iiThe court shall consider the maintenance of procedures reasonably adapted to ensure compliance with the injunction in determining whether a person has violated an injunction.
(d)iiThe court issuing the injunction retains jurisdiction and the cause is continued for the purpose of assessing a civil penalty under this section.
Sec.i562.207.iiREMEDIES NOT EXCLUSIVE. The remedies provided by this subchapter:
(1)iiare not exclusive; and
(2)iiare in addition to any other remedy or procedure provided by another law or at common law.
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[Sections 562.208-562.250 reserved for expansion]
SUBCHAPTER F. ASSURANCE OF VOLUNTARY COMPLIANCE
Sec.i562.251.iiACCEPTANCE OF ASSURANCE. (a) In administering this chapter, the department may accept assurance of voluntary compliance from a person who is engaging in, has engaged in, or is about to engage in an act or practice in violation of this chapter or Section 17.46, Business & Commerce Code.
(b)iiThe assurance must be in writing and be filed with the department.
(c)iiThe department may condition acceptance of an assurance of voluntary compliance on the stipulation that the person offering the assurance restore to a person in interest money that may have been acquired by the act or practice described in Subsection (a).
Sec.i562.252.iiEFFECT OF ASSURANCE. (a) An assurance of voluntary compliance is not an admission of a prior violation of this chapter or Section 17.46, Business & Commerce Code.
(b)iiUnless an assurance of voluntary compliance is rescinded by agreement, a subsequent failure to comply with the assurance is prima facie evidence of a violation of this chapter or Section 17.46, Business & Commerce Code.
Sec.i562.253.iiREOPENING. A matter closed by the filing of an assurance of voluntary compliance may be reopened at any time.
[Sections 562.254-562.300 reserved for expansion]
SUBCHAPTER G. CONSTRUCTION OF CHAPTER WITH OTHER LAWS
Sec.i562.301.iiLIABILITY UNDER OTHER LAW. An order of the department under this chapter, or an order by a court to enforce that order, does not relieve or absolve a person affected by either order from liability under another law of this state.
Sec.i562.302.iiPOWERS IN ADDITION TO OTHER POWERS AUTHORIZED BY LAW. The powers vested in the department and the commissioner by this chapter are in addition to any other powers to enforce a penalty, fine, or forfeiture authorized by law with respect to a method of competition or act or practice defined as unfair or deceptive.
Sec.i562.303.iiDOUBLE RECOVERY PROHIBITED. A person may not recover damages and penalties for the same act or practice under both this chapter and another law.
SECTIONi2.iiThe Insurance Code is amended by adding Title 21 to read as follows:
TITLE 21. DISCOUNT HEALTH CARE PROGRAMS
CHAPTER 7001. REGISTRATION OF DISCOUNT HEALTH CARE
PROGRAM OPERATORS
Sec.i7001.001.iiDEFINITIONS. In this chapter:
(1)ii"Discount health care program" means a business arrangement or contract in which an entity, in exchange for fees, dues, charges, or other consideration, offers its members access to discounts on health care services provided by health care providers. The term does not include an insurance policy, certificate of coverage, or other product otherwise regulated by the department or a self-funded or self-insured employee benefit plan.
4396 81st LEGISLATURE — REGULAR SESSION
(2)ii"Discount health care program operator" means a person who, in exchange for fees, dues, charges, or other consideration, operates a discount health care program and contracts with providers, provider networks, or other discount health care program operators to offer access to health care services at a discount and determines the charge to members.
(3)ii"Health care services" includes physician care, inpatient care, hospital surgical services, emergency services, ambulance services, laboratory services, audiology services, dental services, vision services, mental health services, substance abuse services, chiropractic services, and podiatry services, and the provision of medical equipment and supplies, including prescription drugs.
(4)ii"Marketer" means a person who sells or distributes, or offers to sell or distribute, a discount health care program, including a private label entity that places its name on and markets or distributes a discount health care program, but does not operate a discount health care program.
(5)ii"Member" means a person who pays fees, dues, charges, or other consideration for the right to participate in a discount health care program.
(6)ii"Program operator" means a discount health plan program operator.
(7)ii"Provider" means a person who is licensed or otherwise authorized to provide health care services in this state.
Sec.i7001.002.iiEXEMPTION. This chapter does not apply to a program operator who is an insurer and who holds a certificate of authority under Title 6.
Sec.i7001.003.iiRULES. The commissioner shall adopt rules in the manner prescribed by Subchapter A, Chapter 36, as necessary to implement this chapter.
Sec.i7001.004.iiREGISTRATION REQUIRED. A discount health care program operator may not offer a discount health care program in this state unless the program operator is registered with the department.
Sec.i7001.005.iiAPPLICATION FOR REGISTRATION AND RENEWAL OF REGISTRATION. (a) An applicant for registration under this chapter or an applicant for renewal of registration under this chapter whose information has changed shall submit:
(1)iia completed registration application on the form prescribed by the department indicating the program operator's name, physical address, and mailing address and its agent for service of process;
(2)iia list of names, addresses, official positions, and biographical information of:
(A)iithe individuals responsible for conducting the program operator's affairs, including:
(i)iieach member of the board of directors, board of trustees, executive committee, or other governing board or committee;
(ii)iithe officers of the program operator; and
(iii)iiany contracted management company personnel; and
(B)iiany person owning or having the right to acquire 10 percent or more of the voting securities of the program operator;
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(3)iia statement generally describing the applicant, its facilities and personnel, and the health care services or products for which a discount will be made available under its discount health care programs;
(4)iia list of the marketers authorized to sell or distribute the program operator's programs under the program operator's name, a list of the marketing entities authorized to private label the program operator's programs, and other information about the marketers and marketing entities considered necessary by the commissioner; and
(5)iia copy of the form of all contracts made or to be made between the program operator and any providers or provider networks regarding the provision of health care services or products to members.
(b)iiAfter the initial registration, if the form of a contract described by Subsection (a)(5) changes, the program operator must file the modified contract form with the department before it may be used.
(c)iiAs part of the registration required under Subsection (a), and annually thereafter, the program operator shall certify in writing to the department that its programs comply with the requirements of this chapter and Chapter 562.
Sec.i7001.006.iiFEES. A discount health care program operator shall pay the department an initial registration fee of $1,000 and an annual renewal fee in the amount set by the commissioner not to exceed $500.
Sec.i7001.007.iiCRIMINAL BACKGROUND CHECK. The department may conduct a criminal background check on:
(1)iithe individuals responsible for conducting the program operator's affairs;
(2)iieach member of the board of directors, board of trustees, executive committee, or other governing board or committee;
(3)iithe officers of the program operator;
(4)iiany contracted management company personnel; and
(5)iiany person owning or having the right to acquire 10 percent or more of the voting securities of the program operator.
Sec.i7001.008.iiENFORCEMENT. (a) The department may deny a registration application or take any action authorized under Chapters 82, 83, and 84 if the department determines that the applicant or registered discount health care program operator, individually or through an officer, director, or shareholder:
(1)iihas wilfully violated a provision of this code or an order or rule of the commissioner;
(2)iihas intentionally made a material misstatement in the registration application;
(3)iihas obtained or attempted to obtain a registration by fraud or misrepresentation;
(4)iihas misappropriated, converted to the applicant's or registration holder's own use, or illegally withheld money belonging to a member of a discount health care program;
(5)iihas engaged in fraudulent or dishonest acts or practices; or
(6)iihas been convicted of a felony.
4398 81st LEGISLATURE — REGULAR SESSION
(b)iiChapter 2001, Government Code, applies to an action taken under this section.
SECTIONi3.iiChapter 76, Health and Safety Code, is repealed.
SECTIONi4.iiNot later than January 1, 2010, the commissioner of insurance shall adopt the rules and procedures necessary to implement Chapter 7001, Insurance Code, as added by this Act.
SECTIONi5.ii(a)iiNotwithstanding Section 7001.004, Insurance Code, as added by this Act, a person is not required to register under that section before April 1, 2010, except as provided by Subsection (b) of this section.
(b)iiA program operator that is registered with the Texas Department of Licensing and Regulation on January 1, 2010, as required by Chapter 76, Health and Safety Code, shall file an application for renewal of registration with the Texas Department of Insurance under Chapter 7001, Insurance Code, not later than April 1, 2010.
SECTIONi6.ii(a) Except as provided by Subsections (b) and (c) of this section, this Act takes effect September 1, 2009.
(b)iiSection 3 of this Act takes effect April 1, 2010.
(c)iiSubchapter E, Chapter 562, Insurance Code, as added by this Act, takes effect April 1, 2010.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 4341 (senate committee printing) as follows:
(1)iiIn SECTION 2 of the bill, immediately following proposed Section 7001.006, Insurance Code (page 9, between lines 57 and 58), insert the following:
Sec.i7001.007.iiDEPOSIT IN OPERATING ACCOUNT. All fees collected by the department under this chapter shall be deposited to the credit of the Texas Department of Insurance operating account.
(2)iiIn SECTION 2 of the bill (page 9, line 58 through page 10, line 18), renumber the sections of proposed Chapter 7001, Insurance Code, accordingly.
HB 1711 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative S. Turner called up with senate amendments for consideration at this time,
HB 1711, A bill to be entitled An Act relating to requiring the Texas Department of Criminal Justice to establish a comprehensive reentry and reintegration plan for offenders released or discharged from a correctional facility.
Representative S. Turner moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 1711.
The motion prevailed.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4399
The chair announced the appointment of the following conference committee, on the part of the house, on HB 1711: S. Turner, chair; McReynolds, Hodge, Madden, and Sheffield.
HB 2972 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Gallego called up with senate amendments for consideration at this time,
HB 2972, A bill to be entitled An Act relating to the definition of a controlling person with respect to the operation of certain assisted living facilities.
Representative Gallego moved to concur in the senate amendments to HBi2972.
The motion to concur in the senate amendments to HB 2972 prevailed by (Record 1072): 144 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Corte; Kuempel.
Absent — Dukes; Jones; Riddle.
STATEMENT OF VOTE
When Record No. 1072 was taken, I was in the house but away from my desk. I would have voted yes.
Jones
4400 81st LEGISLATURE — REGULAR SESSION
Senate Committee Substitute
CSHB 2972, A bill to be entitled An Act relating to licensing of certain health facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 242.0021, Health and Safety Code, is amended by adding Subsection (b-1) to read as follows:
(b-1)iiNotwithstanding any other provision of this section, for purposes of this chapter, a controlling person of an institution or of a management company or other business entity described by Subsection (b)(1) that is a publicly traded corporation or is controlled by a publicly traded corporation means an officer or director of the corporation. The term does not include a shareholder or lender of the publicly traded corporation.
SECTIONi2.iiSection 242.039, Health and Safety Code, is amended by adding Subsection (g) to read as follows:
(g)iiThe executive commissioner of the Health and Human Services Commission shall adopt rules to implement an expedited inspection process that allows an applicant for a license or for a renewal of a license to obtain a life safety code and physical plant inspection not later than the 15th day after the date the request is made. The department may charge a fee to recover the cost of the expedited inspection.
SECTIONi3.iiSection 247.005, Health and Safety Code, is amended by adding Subsection (b-1) to read as follows:
(b-1)iiNotwithstanding any other provision of this section, for purposes of this chapter, a controlling person of an assisted living facility or of a management company or other business entity described by Subsection (b)(1) that is a publicly traded corporation or is controlled by a publicly traded corporation means an officer or director of the corporation. The term does not include a shareholder or lender of the publicly traded corporation.
SECTIONi4.iiSection 247.021, Health and Safety Code, is amended by amending Subsections (d), (g), and (h) and adding Subsections (d-1), (d-2), (d-3), and (d-4) to read as follows:
(d)iiThe department by rule shall establish procedures to issue a six-month
provisional license to existing facilities with residents. The department may issue
a provisional license [only] if:
(1)iithe facility is in compliance with resident care standards;
(2)iithe facility voluntarily discloses that the facility needs additional time to comply with life safety code and physical plant standards;
(3)iithe disclosure is made in writing by certified mail to the department;
(4)iian investigation of the violation was not initiated and the violation was not independently detected by the department; and
(5)iithe disclosure is made promptly after knowledge of the information disclosed is obtained by the facility.
(d-1)iiA provisional license is effective on the date requested by the applicant.
(d-2)iiA provisional license expires the earlier of:
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(1)iithe 180th day after the effective date of the provisional license or the end of any extension period granted by the department, in the department's sole discretion; or
(2)iithe date a license is issued to the provisional license holder under Subsection (d-4).
(d-3)iiThe department shall conduct a life safety code inspection of the facility as soon as reasonably possible after the department issues a provisional license.
(d-4)iiAfter conducting a life safety code inspection, the department shall issue a license under Section 247.023 to the provisional license holder if the facility passes the inspection and the applicant meets all requirements for a license. A license issued under this subsection has the same effective date as the provisional license.
(g)iiThe [Notwithstanding Subsection (f), the] department shall, upon
submission of a written request by the applicant, [may] automatically issue a
provisional license to a newly constructed facility if:
(1)iithe facility is in compliance with resident care standards;
(2)iiall local approvals have been obtained;
(3)iia complete license application is submitted within 30 days of receipt
of all local approvals; [and]
(4)iithe license fee has been paid;
(5)iibefore beginning construction, the license applicant submits working drawings and specifications to the department for review; and
(6)iithe department determines that the license applicant constructed another facility in this state that complies with the department's life safety code standards.
(h)iiThe [Notwithstanding Subsection (f), the] department may
automatically issue a provisional license in the case of a corporate change of
ownership of a facility.
SECTIONi5.iiSubchapter B, Chapter 247, Health and Safety Code, is amended by adding Section 247.0211 to read as follows:
Sec.i247.0211.iiEXPEDITED LIFE SAFETY CODE INSPECTION. (a) The executive commissioner of the Health and Human Services Commission shall adopt rules to implement an expedited inspection process that allows an applicant for an assisted living facility license or for a renewal of a license to obtain a life safety code and physical plant inspection not later than the 15th day after the date the request is made.
(b)iiThe department may charge a fee to recover the cost of the expedited inspection.
SECTIONi6.iiSection 247.022, Health and Safety Code, is amended by adding Subsection (b-1) to read as follows:
(b-1)iiIf the department conducts at least three life safety code inspections at the applicant's facility, the department may collect a fee in addition to the fee under Subsection (b) for the application for the license.
SECTIONi7.iiSection 247.032(a), Health and Safety Code, is amended to read as follows:
4402 81st LEGISLATURE — REGULAR SESSION
(a)iiIn this section, "accreditation commission" means the Commission on
Accreditation of Rehabilitation Facilities, [or] the Joint Commission on
Accreditation of Healthcare Organizations, or another organization approved by
the executive commissioner of the Health and Human Services Commission.
SECTIONi8.iiSections 247.021(e) and (f), Health and Safety Code, are repealed.
SECTIONi9.iiNot later than January 1, 2010, the executive commissioner of the Health and Human Services Commission shall adopt rules to implement the expedited inspection processes as required by Sections 242.039(g) and 247.0211, Health and Safety Code, as added by this Act.
SECTIONi10.iiThis Act takes effect September 1, 2009.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 2972 (Senate committee printing) as follows:
(1)iiIn SECTION 2 of the bill, in added Section 242.039(g), Health and Safety Code (page 1, line 29), after the period, insert the following:
The rules must permit the department to set different fee amounts based on the size and type of institution.
(2)iiIn the recital to SECTION 4 of the bill (page 1, line 41), strike "(d-3), and (d-4)" and substitute "and (d-3)".
(3)iiIn SECTION 4 of the bill, strike added Section 247.021(d-1), Health and Safety Code (page 1, lines 58 and 59) and redesignate added Subsections (d-2), (d-3), and (d-4) as Subsections (d-1), (d-2), and (d-3) and correct cross-references as necessary (page 1, line 60, and page 2, lines 2, 3, and 6).
(4)iiIn SECTION 6 of the bill, in added Section 247.022(b-1), Health and Safety Code (page 2, line 44), strike "at least three" and substitute "more than two".
(5)iiIn SECTION 9 of the bill (page 2, line 57), strike "January" and substitute "June".
(6)iiAdd the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTIONi____.iiSubchapter B, Chapter 247, Health and Safety Code, is amended by adding Section 247.0262 to read as follows:
Sec.i247.0262.iiREPORT ON LIFE SAFETY CODE SURVEYS. (a) The department shall annually report the number of life safety code surveys for an initial assisted living facility license with respect to which the department first visits the facility to conduct the survey more than 60 days after the date the applicant notifies the department that the applicant is ready for the initial survey.
(b)iiThe department may report other data related to the timeliness of life safety code surveys or the processing time of license applications.
(c)iiThe department may include the information described by Subsections (a) and (b) in any required annual regulatory report.
HB 2401 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Keffer called up with senate amendments for consideration at this time,
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HB 2401, A bill to be entitled An Act relating to the political activities of a person employed by a county elections administrator.
Representative Keffer moved to concur in the senate amendments to HBi2401.
The motion to concur in the senate amendments to HB 2401 prevailed by (Record 1073): 145 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Corte; Kuempel.
Absent — Dukes; Riddle.
Senate Committee Substitute
CSHB 2401, A bill to be entitled An Act relating to the political activities of a person employed by a county elections administrator.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 31.039, Election Code, is amended by amending Subsection (f) and adding Subsection (g) to read as follows:
(f)iiExcept as provided by Subsection (g), a [A] person employed on a
full-time basis by the administrator's office is subject to Section 31.035 in the
same manner as the administrator. [This subsection applies only to counties with
a population of one million or more that have an election administrator.]
(g)iiSection 31.035(b) does not apply to a person employed on a full-time basis by the administrator's office in a county with a population of one million or less that has an election administrator.
SECTIONi2.iiThis Act takes effect September 1, 2009.
4404 81st LEGISLATURE — REGULAR SESSION
HB 2480 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Hochberg called up with senate amendments for consideration at this time,
HB 2480, A bill to be entitled An Act relating to agreements with public junior colleges for courses for joint high school and junior college credit.
Representative Hochberg moved to concur in the senate amendments to HBi2480.
The motion to concur in the senate amendments to HB 2480 prevailed by (Record 1074): 145 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Corte; Kuempel.
Absent — Dukes; Riddle.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 2480 (Senate committee report) in SECTION 1 of the bill as follows:
(1)iiIn the introductory language (page 1, line 12), strike "Subsection (d)" and substitute "Subsections (d) and (d-1)".
(2)iiIn added Section 130.008(d), Education Code (page 1, line 13), strike "A public junior college" and substitute "Except as provided by Subsection (d-1), a public junior college".
(3)iiImmediately following added Section 130.008(d), Education Code (page 1, between lines 17 and 18), insert the following:
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4405
(d-1)iiA public junior college may enter into an agreement described by Subsection (d) with respect to a high school located within the service area of another junior college district only if the other junior college district is unable to provide the requested course to the satisfaction of the school district.
HB 2893 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Hochberg called up with senate amendments for consideration at this time,
HB 2893, A bill to be entitled An Act relating to the technology demonstration sites project.
Representative Hochberg moved to concur in the senate amendments to HBi2893.
The motion to concur in the senate amendments to HB 2893 prevailed by (Record 1075): 142 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Bohac; Bolton; Bonnen; Branch; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dunnam; Dutton; Edwards; Eiland; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Corte; Kuempel.
Absent — Berman; Brown, B.; Dukes; Eissler; Riddle.
STATEMENT OF VOTE
When Record No. 1075 was taken, I was in the house but away from my desk. I would have voted yes.
Berman
4406 81st LEGISLATURE — REGULAR SESSION
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 2893 (senate committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTIONi____.iiChapter 32, Education Code, is amended by adding Subchapter H to read as follows:
SUBCHAPTER H. COMPUTER LENDING PILOT PROGRAM
Sec.i32.351.iiESTABLISHMENT OF PILOT PROGRAM. The commissioner by rule shall establish a computer lending pilot program to provide computers to participating public schools that make computers available for use by students and their parents.
Sec.i32.352.iiPILOT PROGRAM ADMINISTRATION. The commissioner shall establish procedures for the administration of the pilot program, including procedures for distributing to participating public schools:
(1)iiany surplus or salvage data processing equipment available for distribution under the pilot program; or
(2)iicomputers donated or purchased for that purpose with funds from any available source, including a foundation, private entity, governmental entity, and institution of higher education.
Sec.i32.353.iiELIGIBLE SCHOOLS. A public school is eligible to participate in the pilot program if:
(1)ii50 percent or more of the students enrolled in the school are educationally disadvantaged; and
(2)iithe school operates or agrees to operate a computer lending program that:
(A)iiallows students and parents to borrow a computer;
(B)iiincludes an option for students and parents to work toward owning a computer initially borrowed under the school's lending program, subject to any applicable legal restrictions regarding disposition of the computer involved;
(C)iiprovides computer training for students and parents; and
(D)iioperates outside regular school hours, including operation until at least 7 p.m. on at least three days each week.
Sec.i32.354.iiANNUAL REPORT. Not later than January 1 of each year, the commissioner shall submit a report to the legislature regarding the computer lending pilot program established under this subchapter.
Sec.i32.355.iiEXPIRATION. This subchapter expires September 1, 2014.
SECTIONi____.iiSection 2175.128, Government Code, is amended by adding Subsections (a-1) and (b-1) to read as follows:
(a-1)iiNotwithstanding Subsection (a), if a disposition of a state agency's surplus or salvage data processing equipment is not made under Section 2175.125 or 2175.184, the state agency shall make the equipment available to the commissioner of education for use in the computer lending pilot program established under Subchapter H, Chapter 32, Education Code. If the commissioner of education declines to take the equipment, the state agency shall transfer the equipment in accordance with Subsection (a). The state agency may
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4407
(b-1)iiNotwithstanding Subsection (b), if a disposition of the surplus or salvage data processing equipment of a state eleemosynary institution or an institution or agency of higher education is not made under other law, the institution or agency shall make the equipment available to the commissioner of education for use in the computer lending pilot program established under Subchapter H, Chapter 32, Education Code. If the commissioner of education declines to take the equipment, the institution or agency shall transfer the equipment in accordance with Subsection (b). The state eleemosynary institution or institution or agency of higher education may not collect a fee or other reimbursement from the commissioner of education for the equipment made available under this subsection. This subsection expires September 1, 2014.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence temporarily for today because of illness in the family:
Riddle on motion of F. Brown.
HB 802 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative J. Davis called up with senate amendments for consideration at this time,
HB 802, A bill to be entitled An Act relating to the creation of the lifespan respite services program.
Representative J. Davis moved to concur in the senate amendments to HBi802.
The motion to concur in the senate amendments to HB 802 prevailed by (Record 1076): 141 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Bohac; Bolton; Bonnen; Branch; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Rios Ybarra; Rodriguez; Rose; Sheffield; Shelton;
4408 81st LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker(C).
Absent, Excused — Corte; Kuempel; Riddle.
Absent — Berman; Brown, B.; Flynn; Hancock; Ritter.
STATEMENT OF VOTE
When Record No. 1076 was taken, I was in the house but away from my desk. I would have voted yes.
Berman
Senate Committee Substitute
CSHB 802, A bill to be entitled An Act relating to the creation of the lifespan respite services program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiChapter 161, Human Resources Code, is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. LIFESPAN RESPITE SERVICES PROGRAM
Sec.i161.151.iiDEFINITIONS. In this subchapter:
(1)ii"Chronic serious health condition" means a health condition that:
(A)iirequires periodic treatment by a health care provider, including a nurse as authorized by Chapter 301, Occupations Code, or a physician assistant as authorized by Chapter 204, Occupations Code; and
(B)iicontinues over an extended period, including recurring episodes of a single underlying health condition such as asthma, diabetes, epilepsy, or multiple sclerosis.
(2)ii"Respite services" means support services, including in-home services or adult day-care services, that are provided for the purpose of temporarily giving relief to a primary caregiver who provides care to an individual with a chronic serious health condition or disability.
(3)ii"Respite services coordinator" means a community-based organization or local governmental entity with which the department enters into a contract to facilitate access to respite services under Section 161.154.
Sec.i161.152.iiLIFESPAN RESPITE SERVICES PROGRAM. The department shall implement the lifespan respite services program to promote the provision of respite services through contracts with eligible community-based organizations or local governmental entities.
Sec.i161.153.iiELIGIBILITY. (a) A person is eligible to participate in the program if the person:
(1)iiis the primary caregiver for a person who:
(A)iiis related to the caregiver within the second degree of consanguinity or affinity;
(B)iihas a chronic serious health condition or disability;
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4409
(C)iirequires assistance with one or more activities of daily living; and
(D)iiis not eligible for or not able to participate in any other existing program that provides respite services; and
(2)iimeets criteria specified in rules adopted by the executive commissioner.
(b)iiThe executive commissioner may not specify criteria that limit a person's eligibility based on the type of chronic serious health condition or disability of the person receiving care.
Sec.i161.154.iiRESPITE SERVICES CONTRACTS. (a) The department shall contract with at least three eligible community-based organizations or local governmental entities selected by the department to:
(1)iiprovide respite services; and
(2)iifacilitate access to respite services.
(b)iiThe department may award a contract under this section only after issuing a request for proposals for the contract.
(c)iiA community-based organization or local governmental entity is eligible to contract under this section only if the organization or entity has experience in and an existing procedure for:
(1)iicoordinating support services for multiple groups of persons who need support services, including persons with a physical or intellectual disability and elderly persons;
(2)iiconnecting caregivers with respite services providers;
(3)iimaintaining and providing information regarding available respite services; and
(4)iiconducting public awareness activities regarding available respite services.
(d)iiThe department shall include in each contract with a respite services coordinator provisions requiring the coordinator to:
(1)iisubject to the availability of money, provide vouchers for respite services to caregivers participating in the program who are not eligible for respite services provided through other programs; and
(2)iiconnect caregivers participating in the program with available respite services.
(e)iiThe department shall provide each community-based organization or local governmental entity with which the department contracts under this subchapter with:
(1)iitechnical assistance; and
(2)iipolicy and program development support.
(f)iiThe department shall monitor a contractor's performance under a contract entered into under this subchapter using clearly defined and measurable performance objectives.
Sec.i161.155.iiRESPITE SERVICES COORDINATOR FUNCTIONS. A respite services coordinator under contract with the department shall:
(1)iimaintain information regarding respite services providers;
(2)iibuild partnerships with respite services providers; and
4410 81st LEGISLATURE — REGULAR SESSION
(3)iiimplement public awareness activities regarding respite services.
Sec.i161.156.iiRULES. The executive commissioner shall adopt rules necessary to implement this subchapter.
SECTIONi2.iiNot later than November 1, 2010, the executive commissioner of the Health and Human Services Commission, in consultation with the Department of Aging and Disability Services, shall submit a report to the governor and the Legislative Budget Board regarding the lifespan respite services program established under Subchapter F, Chapter 161, Human Resources Code, as added by this Act. The report must include an evaluation of the effect of the program on:
(1)iiaccess to respite services by primary caregivers of persons with chronic serious health conditions or disabilities; and
(2)iiMedicaid expenditures for long-term care services provided in institutional care settings.
SECTIONi3.iiThis Act does not make an appropriation. A provision in this Act that creates a new governmental program, creates a new entitlement, or imposes a new duty on a governmental entity is not mandatory during a fiscal period for which the legislature has not made a specific appropriation to implement the provision.
SECTIONi4.iiThis Act takes effect September 1, 2009.
HB 2275 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Coleman called up with senate amendments for consideration at this time,
HB 2275, A bill to be entitled An Act relating to creating a task force to develop uniform standards for subdivisions in the unincorporated areas of counties near the international border and in economically distressed counties.
Representative Coleman 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 2275.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 2275: Raymond, chair; Flynn, Guillen, Gonzales, and Merritt.
HB 2963 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Coleman called up with senate amendments for consideration at this time,
HB 2963, A bill to be entitled An Act relating to the liability of a county, hospital district, or public hospital for the costs of health care services provided to an indigent patient.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4411
Representative Coleman moved to concur in the senate amendments to HBi2963.
The motion to concur in the senate amendments to HB 2963 prevailed by (Record 1077): 143 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Corte; Kuempel; Riddle.
Absent — Crownover; Dukes; King, T.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 2963 by adding the following new SECTIONS and renumbering subsequent sections appropriately.
SECTIONi____.iiSection 61.029, Health and Safety Code, is amended by adding Subsection (c) to read as follows:
(c)iiA county may provide or arrange to provide health care services for eligible county residents through the purchase of health coverage or other health benefits, including benefits described by Chapter 75.
SECTIONi____.iiSection 61.056, Health and Safety Code, is amended by adding Subsection (d) to read as follows:
(d)iiA public hospital or hospital district may provide or arrange to provide health care services for eligible residents through the purchase of health coverage or other health benefits, including benefits described by Chapter 75. For purposes of this subsection, the board of directors or managers of the hospital or district has the powers and duties provided to the commissioners court of a county under Chapter 75.
(Speaker pro tempore in the chair)
4412 81st LEGISLATURE — REGULAR SESSION
SB 2423 - REQUEST OF SENATE GRANTED
CONFERENCE COMMITTEE APPOINTED
On motion of Representative Gonzalez Toureilles, the house granted the request of the senate for the appointment of a Conference Committee on SBi2423.
The chair announced the appointment of the following conference committee, on the part of the house, on SB 2423: Gonzalez Toureilles, chair; Hopson, Gonzales, Zerwas, and S. King.
SB 1206 - REQUEST OF SENATE GRANTED
CONFERENCE COMMITTEE APPOINTED
On motion of Representative Edwards, the house granted the request of the senate for the appointment of a Conference Committee on SB 1206.
The chair announced the appointment of the following conference committee, on the part of the house, on SB 1206: Edwards, chair; McReynolds, Madden, Hodge, and S. Turner.
HB 3097 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Harper-Brown called up with senate amendments for consideration at this time,
HB 3097, A bill to be entitled An Act relating to the creation, organization, duties, and functions of the Texas Department of Motor Vehicles and to the use of certain specialty license plate fees to fund the Choose Life and Choose Adoption account; providing penalties.
Representative Harper-Brown moved to concur in the senate amendments to HBi3097.
The motion to concur in the senate amendments to HB 3097 prevailed by (Record 1078): 135 Yeas, 7 Nays, 3 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hochberg; Hodge; Homer; Hopson; Howard, D.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Pickett; Pierson; Pitts; Quintanilla; Raymond; Rios Ybarra; Ritter;
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4413
Nays — Christian; Gattis; Hilderbran; Lewis; Miller, S.; Phillips; Sheffield.
Present, not voting — Mr. Speaker; Eiland(C); Howard, C.
Absent, Excused — Corte; Kuempel; Riddle.
Absent — McCall; Rodriguez.
Senate Committee Substitute
CSHB 3097, A bill to be entitled An Act relating to the creation, organization, governance, duties, and functions of the Texas Department of Motor Vehicles, including the transfer of certain duties to the Texas Department of Motor Vehicles and the Texas Department of Licensing and Regulation; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TEXAS DEPARTMENT OF MOTOR VEHICLES
SECTIONi1.01.iiTitle 7, Transportation Code, is amended by adding Subtitle M to read as follows:
SUBTITLE M. DEPARTMENT OF MOTOR VEHICLES
CHAPTER 1001. ORGANIZATION OF DEPARTMENT
SUBCHAPTER A. GENERAL PROVISIONS
Sec.i1001.001.iiDEFINITIONS. In this subtitle:
(1)ii"Board" means the board of the department.
(2)ii"Department" means the Texas Department of Motor Vehicles.
Sec.i1001.002.iiCREATION OF DEPARTMENT; DUTIES. (a)iiThe department is created as an agency of this state.
(b)iiIn addition to the other duties required of the Texas Department of Motor Vehicles, the department shall administer and enforce:
(1)iiSubtitle A;
(2)iiChapters 623, 642, 643, 645, 646, and 648; and
(3)iiChapters 2301 and 2302, Occupations Code.
Sec.i1001.003.iiCOMPOSITION OF DEPARTMENT. The department is composed of an executive director appointed by the board and other employees required to efficiently implement:
(1)iithis subtitle;
(2)iiother applicable vehicle laws of this state; and
(3)iiother laws that grant jurisdiction to or are applicable to the department.
Sec.i1001.004.iiDIVISIONS. The board shall organize the department into divisions to accomplish the department's functions and the duties assigned to it, including divisions for:
(1)iiadministration;
(2)iimotor carriers;
(3)iimotor vehicle board; and
(4)iivehicle titles and registration.
4414 81st LEGISLATURE — REGULAR SESSION
Sec.i1001.005.iiSUNSET PROVISION. The department is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished September 1, 2021.
Sec.i1001.006.iiDEFENSE BY ATTORNEY GENERAL. The attorney general shall defend an action brought against the board or the department or an action brought against an employee of the department as a result of the employee's official act or omission, regardless of whether at the time of the institution of the action that person has terminated service with the department.
[Sections 1001.007-1001.020 reserved for expansion]
SUBCHAPTER B. BOARD OF DEPARTMENT OF MOTOR VEHICLES
Sec.i1001.021.iiBOARD. (a)iiThe board consists of nine members appointed by the governor with the advice and consent of the senate.
(b)iiThree members must be persons who hold a dealer's license issued under Chapter 2301, Occupations Code, of whom two must be franchised dealers of different classes and one must be an independent dealer; one member must be a representative of a manufacturer or distributor that holds a license issued under Chapter 2301, Occupations Code; one member must be a tax assessor-collector; one member must be a representative of a law enforcement agency of a county or municipality; and one member must be a representative of the motor carrier industry. The remaining members must be public members.
(c)iiExcept as necessary to comply with Subsection (b), a person is not eligible for appointment as a member of the board if the person or the person's spouse:
(1)iiis employed by or participates in the management of a business entity or other organization that is regulated by or receives funds from the department;
(2)iidirectly or indirectly owns or controls more than 10 percent interest in a business entity or other organization that is regulated by or receives funds from the department;
(3)iiuses or receives a substantial amount of tangible goods, services, or funds from the department, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses; or
(4)iiis registered, certified, or licensed by the department.
(d)iiA person required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the department may not serve as a member of the board.
(e)iiAppointments to the board shall be made without regard to race, color, disability, sex, religion, age, or national origin of the appointees and shall reflect the diversity of the population of the state as a whole.
Sec.i1001.022.iiTERMS. Members of the board serve staggered six-year terms, with the terms of either one or two members expiring February 1 of each odd-numbered year.
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Sec.i1001.023.iiCHAIR AND VICE CHAIR; DUTIES. (a)iiThe governor shall appoint one of the board's members chair of the board. The board shall elect one of its members vice chair of the board. A chair or vice chair serves at the pleasure of the board.
(b)iiThe chair shall:
(1)iipreside over board meetings, make rulings on motions and points of order, and determine the order of business;
(2)iirepresent the department in dealing with the governor;
(3)iireport to the governor on the state of affairs of the department at least quarterly;
(4)iireport to the board the governor's suggestions for department operations;
(5)iireport to the governor on efforts, including legislative requirements, to maximize the efficiency of department operations through the use of private enterprise;
(6)iiperiodically review the department's organizational structure and submit recommendations for structural changes to the governor, the board, and the Legislative Budget Board;
(7)iidesignate one or more employees of the department as a civil rights division of the department and receive regular reports from the division on the department's efforts to comply with civil rights legislation and administrative rules;
(8)iicreate subcommittees, appoint board members to subcommittees, and receive the reports of subcommittees to the board as a whole;
(9)iiappoint a member of the board to act in the chair's absence; and
(10)iiserve as the departmental liaison with the governor and the Office of State-Federal Relations to maximize federal funding for transportation.
Sec.i1001.024.iiBOARD MEETINGS. The board shall hold regular meetings at least once a month and special meetings at the call of the chair. Board members shall attend the meetings of the board. The chair shall oversee the preparation of an agenda for each meeting and ensure that a copy is provided to each board member at least seven days before the meeting.
Sec.i1001.025.iiRECOMMENDATIONS TO LEGISLATURE. (a)iiThe board shall consider ways in which the department's operations may be improved and may periodically report to the legislature concerning potential statutory changes that would improve the operation of the department.
(b)iiOn behalf of the board, the chair shall report to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officers of relevant legislative committees on legislative recommendations adopted by the board and relating to the operation of the department.
Sec.i1001.026.iiCOMPENSATION. A member of the board is entitled to compensation as provided by the General Appropriations Act. If compensation for board members is not provided by that Act, each member is entitled to reimbursement for actual and necessary expenses incurred in performing functions as a member of the board.
4416 81st LEGISLATURE — REGULAR SESSION
Sec.i1001.027.iiGROUNDS FOR REMOVAL. (a)iiIt is a ground for removal from the board if a board member:
(1)iidoes not have at the time of appointment or maintain during service on the board the qualifications required by Section 1001.021;
(2)iiviolates a prohibition provided by Section 1001.021;
(3)iicannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability; or
(4)iiis absent from more than half of the regularly scheduled board meetings that the board member is eligible to attend during a calendar year, unless the absence is excused by majority vote of the board.
(b)iiThe validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c)iiIf the executive director of the department knows that a potential ground for removal exists, the director shall notify the chair of the board of the ground, and the chair shall notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal relates to the chair, the director shall notify another board member, who shall notify the governor and the attorney general that a potential ground for removal exists.
Sec.i1001.028.iiCONFLICT OF INTEREST. (a)iiA member of the board shall disclose in writing to the executive director if the member has an interest in a matter before the board or has a substantial financial interest in an entity that has a direct interest in the matter.
(b)iiThe member shall recuse himself or herself from the board's deliberations and actions on the matter in Subsection (a) and may not participate in the board's decision on the matter.
(c)iiA person has a substantial financial interest in an entity if the person:
(1)iiis an employee, member, director, or officer of the entity; or
(2)iiowns or controls, directly or indirectly, more than a five percent interest in the entity.
Sec.i1001.029.iiINFORMATION ON QUALIFICATIONS AND CONDUCT. The department shall provide to the members of the board, as often as necessary, information concerning the members' qualifications for office and their responsibilities under applicable laws relating to standards of conduct for state officers.
Sec.i1001.030.iiTRAINING ON DEPARTMENT AND CERTAIN LAWS RELATING TO DEPARTMENT. (a)iiTo be eligible to take office as a member of the board, a person appointed to the board must complete at least one course of a training program that complies with this section.
(b)iiThe training program must provide information to the person regarding:
(1)iithis subchapter;
(2)iithe programs operated by the department;
(3)iithe role and functions of the department;
(4)iithe rules of the department with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5)iithe current budget for the department;
(6)iithe results of the most recent formal audit of the department;
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(7)iithe requirements of the:
(A)iiopen meetings law, Chapter 551, Government Code;
(B)iiopen records law, Chapter 552, Government Code; and
(C)iiadministrative procedure law, Chapter 2001, Government Code;
(8)iithe requirements of the conflict of interest laws and other laws relating to public officials; and
(9)iiany applicable ethics policies adopted by the board or the Texas Ethics Commission.
(c)iiA person appointed to the board is entitled to reimbursement for travel expenses incurred in attending the training program, as provided by the General Appropriations Act and as if the person were a member of the board.
Sec.i1001.031.iiADVISORY COMMITTEES. (a)iiThe board shall establish separate advisory committees for the motor carrier, motor vehicles, and vehicle titles and registration divisions to make recommendations to the board or the executive director on the operation of the applicable division. A committee has the purposes, powers, and duties, including the manner of reporting its work, prescribed by the board. A committee and each committee member serves at the will of the board.
(b)iiThe board shall appoint persons to each advisory committee who:
(1)iiare selected from a list provided by the executive director; and
(2)iihave knowledge about and interests in, and represent a broad range of viewpoints about, the work of the committee or applicable division.
(c)iiThe advisory committee for the motor vehicles division must include a member to represent motor vehicle manufacturers and a member to represent the recreational vehicle industry.
(d)iiThe advisory committee for the motor carrier division must include a member to represent the motor transportation industry.
(e)iiA member of an advisory committee may not be compensated by the board or the department for committee service.
[Sections 1001.032-1001.040 reserved for expansion]
SUBCHAPTER C. PERSONNEL
Sec.i1001.041.iiDEPARTMENT PERSONNEL. (a)iiSubject to the General Appropriations Act or other law, the executive director shall appoint deputies, assistants, and other personnel as necessary to carry out the powers and duties of the department under this code, other applicable vehicle laws of this state, and other laws granting jurisdiction or applicable to the department.
(b)iiA person appointed under this section must have the professional and administrative experience necessary to qualify the person for the position to which the person is appointed.
Sec.i1001.042.iiDIVISION OF RESPONSIBILITIES. The board shall develop and implement policies that clearly define the respective responsibilities of the director and the staff of the department.
Sec.i1001.043.iiEQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a)iiThe executive director or the director's designee shall prepare and maintain a written policy statement to ensure implementation of a program of
4418 81st LEGISLATURE — REGULAR SESSION
(1)iipersonnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with Chapter 21, Labor Code;
(2)iia comprehensive analysis of the department workforce that meets federal and state guidelines;
(3)iiprocedures by which a determination can be made of significant underuse in the department workforce of all persons for whom federal or state guidelines encourage a more equitable balance; and
(4)iireasonable methods to appropriately address those areas of significant underuse.
(b)iiA policy statement prepared under this section must:
(1)iicover an annual period;
(2)iibe updated annually;
(3)iibe reviewed by the civil rights division of the Texas Workforce Commission for compliance with Subsection (a); and
(4)iibe filed with the governor.
(c)iiThe governor shall deliver a biennial report to the legislature based on the information received under Subsection (b). The report may be made separately or as a part of other biennial reports made to the legislature.
Sec.i1001.044.iiQUALIFICATIONS AND STANDARDS OF CONDUCT. The executive director shall provide to department employees, as often as necessary, information regarding their:
(1)iiqualification for office or employment under this subtitle; and
(2)iiresponsibilities under applicable laws relating to standards of conduct for state employees.
Sec.i1001.045.iiCAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS. (a)iiThe executive director or the director's designee shall develop an intra-agency career ladder program. The program must require intra-agency posting of all nonentry level positions concurrently with any public posting.
(b)iiThe executive director or the director's designee shall develop a system of annual performance evaluations. All merit pay for department employees must be based on the system established under this subsection.
CHAPTER 1002. RULES
Sec.i1002.001.iiGENERAL RULEMAKING AUTHORITY. The board may adopt any rules necessary and appropriate to implement the powers and duties of the department under this code and other laws of this state.
Sec.i1002.002.iiRULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. The board may not adopt rules restricting advertising or competitive bidding by a person regulated by the department except to prohibit false, misleading, or deceptive practices by the person.
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CHAPTER 1003. DEPARTMENT PROCEDURES
Sec.i1003.001.iiAPPLICABILITY OF CERTAIN LAWS. Except as specifically provided by law, the department is subject to Chapters 2001 and 2002, Government Code.
Sec.i1003.002.iiSUMMARY PROCEDURES FOR ROUTINE MATTERS. (a)iiThe board or the department by rule may:
(1)iicreate a summary procedure for routine matters; and
(2)iidesignate department activities that otherwise would be subject to Chapter 2001, Government Code, as routine matters to be handled under the summary procedure.
(b)iiAn activity may be designated as a routine matter only if the activity is:
(1)iivoluminous;
(2)iirepetitive;
(3)iibelieved to be noncontroversial; and
(4)iiof limited interest to anyone other than persons immediately involved in or affected by the proposed department action.
(c)iiThe rules may establish procedures different from those contained in Chapter 2001, Government Code. The procedures must require, for each party directly involved, notice of a proposed negative action not later than the fifth day before the date the action is proposed to be taken.
(d)iiA rule adopted by the board under this section may provide for the delegation of authority to take action on a routine matter to a salaried employee of the department designated by the board.
Sec.i1003.003.iiREVIEW OF ACTION ON ROUTINE MATTER. (a)iiA person directly or indirectly affected by an action of the board or the department on a routine matter taken under the summary procedure adopted under Section 1003.002 is entitled to a review of the action under Chapter 2001, Government Code.
(b)iiThe person must apply to the board not later than the 60th day after the date of the action to be entitled to the review.
(c)iiThe timely filing of the application for review immediately stays the action pending a hearing on the merits.
(d)iiThe board may adopt rules relating to an application for review under this section and consideration of the application.
Sec.i1003.004.iiINFORMAL DISPOSITION OF CERTAIN CONTESTED CASES. The board or the department, as applicable, may, on written agreement or stipulation of each party and any intervenor, informally dispose of a contested case in accordance with Section 2001.056, Government Code, notwithstanding any provision of this code or other law that requires a hearing before the board or the department, as applicable.
CHAPTER 1004. PUBLIC ACCESS
Sec.i1004.001.iiACCESS TO PROGRAMS AND FACILITIES. (a)iiThe department shall prepare and maintain a written plan that describes how a person who does not speak English may be provided reasonable access to the department's programs.
4420 81st LEGISLATURE — REGULAR SESSION
(b)iiThe department shall comply with federal and state laws for program and facility accessibility.
Sec.i1004.002.iiPUBLIC COMMENT. The board and the department shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board or the department and to speak on any issue under the jurisdiction of the board or the department.
Sec.i1004.003.iiPUBLIC REPRESENTATION ON ADVISORY BODY. (a)iiAt least one-half of the membership of each advisory body appointed by the board, other than an advisory body whose membership is determined by this code or by other law, must represent the general public.
(b)iiA public representative may not be:
(1)iian officer, director, or employee of a business entity regulated by the department;
(2)iia person required to register with the Texas Ethics Commission under Chapter 305, Government Code; or
(3)iia person related within the second degree by affinity or consanguinity to a person described by Subdivision (1) or (2).
CHAPTER 1005. STANDARDS OF CONDUCT
Sec.i1005.001.iiAPPLICATION OF LAW RELATING TO ETHICAL CONDUCT. The board, the executive director, and each employee or agent of the department is subject to the code of ethics and the standard of conduct imposed by Chapter 572, Government Code, and any other law regulating the ethical conduct of state officers and employees.
ARTICLE 2. TRANSFER OF DUTIES AND FUNCTIONS OF THE TEXAS DEPARTMENT OF TRANSPORTATION
PART A. GENERAL PROVISIONS AND ADMINISTRATION
SECTIONi2A.01.iiSubsection (a), Section 201.202, Transportation Code, is amended to read as follows:
(a)iiThe commission shall organize the department into divisions to accomplish the department's functions and the duties assigned to it, including divisions for:
(1)iiaviation;
(2)iihighways and roads; and
(3)iipublic transportation[; and
[(4)iimotor vehicle titles and registration].
SECTIONi2A.02.iiSubdivision (2), Section 201.931, Transportation Code, is amended to read as follows:
(2)ii"License" includes:
(A)iia permit issued by the department that authorizes the operation of a vehicle and its load or a combination of vehicles and load exceeding size or weight limitations;
(B)iia motor carrier registration issued under Chapter 643;
(C)iia vehicle storage facility license issued under Chapter 2303, Occupations Code; and
(D)iia license or permit for outdoor advertising issued under
Chapter 391 or 394[;
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[(E)iia salvage vehicle dealer or agent license issued under Chapter
2302, Occupations Code;
[(F)iispecially designated or specialized license plates issued under
Subchapters E and F, Chapter 502; and
[(G)iian apportioned registration issued according to the
International Registration Plan under Section 502.054].
SECTIONi2A.03.iiSubsection (c), Section 201.202, Transportation Code, is repealed.
PART B. STATE HIGHWAY TOLL PROJECTS
SECTIONi2B.01.iiSubsections (b) and (h), Section 228.055, Transportation Code, are amended to read as follows:
(b)iiThe department may impose and collect the administrative fee, so as to
recover the cost of collecting the unpaid toll, not to exceed $100. The department
shall send a written notice of nonpayment to the registered owner of the vehicle at
that owner's address as shown in the vehicle registration records of the Texas
Department of Motor Vehicles [department] by first class mail and may require
payment not sooner than the 30th day after the date the notice was mailed. The
registered owner shall pay a separate toll and administrative fee for each event of
nonpayment under Section 228.054.
(h)iiIn this section, "registered owner" means the owner of a vehicle as
shown on the vehicle registration records of the Texas Department of Motor
Vehicles [department] or the analogous department or agency of another state or
country.
SECTIONi2B.02.iiSubsection (b), Section 228.056, Transportation Code, is amended to read as follows:
(b)iiIn the prosecution of an offense under Section 228.055(c), (d), or (e):
(1)iiit is presumed that the notice of nonpayment was received on the fifth day after the date of mailing;
(2)iia computer record of the Texas Department of Motor Vehicles
[department] of the registered owner of the vehicle is prima facie evidence of its
contents and that the defendant was the registered owner of the vehicle when the
underlying event of nonpayment under Section 228.054 occurred; and
(3)iia copy of the rental, lease, or other contract document covering the vehicle on the date of the underlying event of nonpayment under Section 228.054 is prima facie evidence of its contents and that the defendant was the lessee of the vehicle when the underlying event of nonpayment under Section 228.054 occurred.
PART C. CAUSEWAYS, BRIDGES, TUNNELS, TURNPIKES, FERRIES, AND HIGHWAYS IN CERTAIN COUNTIES
SECTIONi2C.01.iiSubsections (b), (e), and (h), Section 284.0701, Transportation Code, are amended to read as follows:
(b)iiThe county may impose and collect the administrative cost so as to
recover the expense of collecting the unpaid toll, not to exceed $100. The county
shall send a written notice of nonpayment to the registered owner of the vehicle at
that owner's address as shown in the vehicle registration records of the Texas
Department of Motor Vehicles [department] by first-class mail not later than the
4422 81st LEGISLATURE — REGULAR SESSION
(e)iiIt is an exception to the application of Subsection (a) or (c) if the
registered owner of the vehicle transferred ownership of the vehicle to another
person before the event of nonpayment under Section 284.070 occurred,
submitted written notice of the transfer to the Texas Department of Motor
Vehicles [department] in accordance with Section 520.023, and before the 30th
day after the date the notice of nonpayment is mailed, provides to the county the
name and address of the person to whom the vehicle was transferred. If the
former owner of the vehicle provides the required information within the period
prescribed, the county may send a notice of nonpayment to the person to whom
ownership of the vehicle was transferred at the address provided by the former
owner by first-class mail before the 30th day after the date of receipt of the
required information from the former owner. The subsequent owner of the vehicle
for which the proper toll was not paid who is mailed a written notice of
nonpayment under this subsection and fails to pay the proper toll and
administrative cost within the time specified by the notice of nonpayment
commits an offense. The subsequent owner shall pay a separate toll and
administrative cost for each event of nonpayment under Section 284.070. Each
failure to pay a toll or administrative cost under this subsection is a separate
offense.
(h)iiIn this section, "registered owner" means the owner of a vehicle as
shown on the vehicle registration records of the Texas Department of Motor
Vehicles [department] or the analogous department or agency of another state or
country.
PART D. CERTIFICATE OF TITLE ACT
SECTIONi2D.01.iiSubdivision (3), Section 501.002, Transportation Code, is amended to read as follows:
(3)ii"Department" means the Texas Department of Motor Vehicles
[Transportation].
PART E. REGISTRATION OF VEHICLES
SECTIONi2E.01.iiSubdivision (3), Section 502.001, Transportation Code, is amended to read as follows:
(3)ii"Department" means the Texas Department of Motor Vehicles
[Transportation].
SECTIONi2E.02.iiSubsections (a) and (b), Section 502.053, Transportation Code, are amended to read as follows:
(a)iiThe department [Texas Department of Transportation] shall reimburse
the Texas Department of Criminal Justice for the cost of manufacturing license
plates or registration insignia as the license plates or insignia and the invoice for
the license plates or insignia are delivered to the department [Texas Department
of Transportation].
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(b)iiWhen manufacturing is started, the Texas Department of Criminal
Justice, the department [Texas Department of Transportation], and the
comptroller, after negotiation, shall set the price to be paid for each license plate
or insignia. The price must be determined from:
(1)iithe cost of metal, paint, and other materials purchased;
(2)iithe inmate maintenance cost per day;
(3)iioverhead expenses;
(4)iimiscellaneous charges; and
(5)iia previously approved amount of profit for the work.
PART F. DEALER'S AND MANUFACTURER'S VEHICLE LICENSE PLATES
SECTIONi2F.01.iiSubdivisions (2) and (5), Section 503.001, Transportation Code, are amended to read as follows:
(2)ii"Commission" means the board of the Texas Department of Motor
Vehicles [Texas Transportation Commission].
(5)ii"Department" means the Texas Department of Motor Vehicles
[Transportation].
PART G. MISCELLANEOUS PROVISIONS
SECTIONi2G.01.iiSection 520.001, Transportation Code, is amended to read as follows:
Sec.i520.001.iiDEFINITION. In this chapter, "department" means the Texas
Department of Motor Vehicles [Transportation].
PART H. OPERATION OF BICYCLES, MOPEDS, AND PLAY VEHICLES
SECTIONi2H.01.iiSection 551.302, Transportation Code, is amended to read as follows:
Sec.i551.302.iiREGISTRATION. The Texas Department of Motor Vehicles
[Transportation] may adopt rules relating to the registration and issuance of
license plates to neighborhood electric vehicles.
PART I. MOTOR VEHICLE SAFETY RESPONSIBILITY ACT
SECTIONi2I.01.iiSection 601.023, Transportation Code, is amended to read as follows:
Sec.i601.023.iiPAYMENT OF STATUTORY FEES. The department may pay:
(1)iia statutory fee required by the Texas Department of Motor Vehicles
[Transportation] for a certified abstract or in connection with suspension of a
vehicle registration; or
(2)iia statutory fee payable to the comptroller for issuance of a certificate of deposit required by Section 601.122.
SECTIONi2I.02.iiSection 601.451, Transportation Code, as added by Chapter 892 (SB 1670), Acts of the 79th Legislature, Regular Session, 2005, is amended to read as follows:
Sec.i601.451.iiDEFINITION. In this subchapter, "implementing agencies" means:
(1)iithe department;
(2)iithe Texas Department of Motor Vehicles [Transportation];
(3)iithe Texas Department of Insurance; and
4424 81st LEGISLATURE — REGULAR SESSION
(4)iithe Department of Information Resources.
SECTIONi2I.03.iiSubchapter N, Chapter 601, Transportation Code, as added by Chapter 1325 (HB 3588), Acts of the 78th Legislature, Regular Session, 2003, is repealed.
PART J. IDENTIFYING MARKINGS ON CERTAIN COMMERCIAL MOTOR VEHICLES
SECTIONi2J.01.iiSubsection (d), Section 642.002, Transportation Code, is amended to read as follows:
(d)iiThe Texas Department of Motor Vehicles [Transportation] by rule may
prescribe additional requirements regarding the form of the markings required by
Subsection (a)(2) that are not inconsistent with that subsection.
PART K. MOTOR CARRIER REGISTRATION
SECTIONi2K.01.iiSubdivision (1), Section 643.001, Transportation Code, is amended to read as follows:
(1)ii"Department" means the Texas Department of Motor Vehicles
[Transportation].
PART L. SINGLE STATE REGISTRATION
SECTIONi2L.01.iiSection 645.001, Transportation Code, is amended to read as follows:
Sec.i645.001.iiFEDERAL MOTOR CARRIER REGISTRATION. The
Texas Department of Motor Vehicles [Transportation] may, to the fullest extent
practicable, participate in a federal motor carrier registration program under the
unified carrier registration system as defined by Section 643.001 or a [the] single
state registration system established under federal law [49 U.S.C. Section 14504].
PART M. MOTOR TRANSPORTATION BROKERS
SECTIONi2M.01.iiSubsection (a), Section 646.003, Transportation Code, is amended to read as follows:
(a)iiA person may not act as a motor transportation broker unless the person
provides a bond to the Texas Department of Motor Vehicles [Transportation].
PART N. FOREIGN COMMERCIAL MOTOR TRANSPORTATION
SECTIONi2N.01.iiSection 648.002, Transportation Code, is amended to read as follows:
Sec.i648.002.iiRULES. In addition to rules required by this chapter, the
Texas Department of Motor Vehicles [Transportation], the Department of Public
Safety, and the Texas Department of Insurance may adopt other rules to carry out
this chapter.
PART O. ABANDONED MOTOR VEHICLES
SECTIONi2O.01.iiSubdivision (1), Section 683.001, Transportation Code, is amended to read as follows:
(1)ii"Department" means the Texas Department of Motor Vehicles
[Transportation].
PART P. CONTRACTS FOR ENFORCEMENT OF CERTAIN ARREST WARRANTS
SECTIONi2P.01.iiSubdivision (1), Section 702.001, Transportation Code, is amended to read as follows:
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(1)ii"Department" means the Texas Department of Motor Vehicles
[Transportation].
PART Q. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM
SECTIONi2Q.01.iiSubdivision (2), Section 707.001, Transportation Code, is amended to read as follows:
(2)ii"Owner of a motor vehicle" means the owner of a motor vehicle as
shown on the motor vehicle registration records of the Texas Department of
Motor Vehicles [Transportation] or the analogous department or agency of
another state or country.
SECTIONi2Q.02.iiSubsection (b), Section 707.011, Transportation Code, is amended to read as follows:
(b)iiNot later than the 30th day after the date the violation is alleged to have occurred, the designated department, agency, or office of the local authority or the entity with which the local authority contracts under Section 707.003(a)(1) shall mail the notice of violation to the owner at:
(1)iithe owner's address as shown on the registration records of the
Texas Department of Motor Vehicles [Transportation]; or
(2)iiif the vehicle is registered in another state or country, the owner's
address as shown on the motor vehicle registration records of the department or
agency of the other state or country analogous to the Texas Department of Motor
Vehicles [Transportation].
SECTIONi2Q.03.iiSection 707.017, Transportation Code, is amended to read as follows:
Sec.i707.017.iiENFORCEMENT. If the owner of a motor vehicle is
delinquent in the payment of a civil penalty imposed under this chapter, the
county assessor-collector or the Texas Department of Motor Vehicles
[Transportation] may refuse to register a motor vehicle alleged to have been
involved in the violation.
PART R. SALE OR LEASE OF MOTOR VEHICLES
SECTIONi2R.01.iiSubdivision (9), Section 2301.002, Occupations Code, is amended to read as follows:
(9)ii"Department" means the Texas Department of Motor Vehicles
[Transportation].
SECTIONi2R.02.iiSubdivision (33), Section 2301.002, Occupations Code, is repealed.
PART S. AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY
SECTIONi2S.01.iiSubdivision (3), Section 1, Article 4413(37), Revised Statutes, is amended to read as follows:
(3)ii"Department" means the Texas Department of Motor Vehicles
[Transportation].
SECTIONi2S.02.iiSection 2, Article 4413(37), Revised Statutes, is amended to read as follows:
4426 81st LEGISLATURE — REGULAR SESSION
Sec.i2.iiThe Automobile Burglary and Theft Prevention Authority is
established in the Texas Department of Motor Vehicles [Transportation]. The
authority is not an advisory body to the Texas Department of Motor Vehicles
[Transportation].
ARTICLE 3. CONFORMING AMENDMENTS PERTAINING TO TEXAS DEPARTMENT OF TRANSPORTATION IN OTHER CODES
PART A. BUSINESS & COMMERCE CODE
SECTIONi3A.01.iiSubsection (b), Section 51.003, Business & Commerce Code, as effective April 1, 2009, is amended to read as follows:
(b)iiIn this chapter, "business opportunity" does not include:
(1)iithe sale or lease of an established and ongoing business or enterprise that has actively conducted business before the sale or lease, whether composed of one or more than one component business or enterprise, if the sale or lease represents an isolated transaction or series of transactions involving a bona fide change of ownership or control of the business or enterprise or liquidation of the business or enterprise;
(2)iia sale by a retailer of goods or services under a contract or other agreement to sell the inventory of one or more ongoing leased departments to a purchaser who is granted the right to sell the goods or services within or adjoining a retail business establishment as a department or division of the retail business establishment;
(3)iia transaction that is:
(A)iiregulated by the Texas Department of Licensing and
Regulation, the Texas Department of Insurance, the Texas Real Estate
Commission, or the director of the Motor Vehicle Division of the Texas
Department of Motor Vehicles [Transportation]; and
(B)iiengaged in by a person licensed by one of those agencies;
(4)iia real estate syndication;
(5)iia sale or lease to a business enterprise that also sells or leases products, equipment, or supplies or performs services:
(A)iithat are not supplied by the seller; and
(B)iithat the purchaser does not use with the seller's products, equipment, supplies, or services;
(6)iithe offer or sale of a franchise as described by the Petroleum Marketing Practices Act (15 U.S.C. Section 2801 et seq.) and its subsequent amendments;
(7)iithe offer or sale of a business opportunity if the seller:
(A)iihas a net worth of $25 million or more according to the seller's audited balance sheet as of a date not earlier than the 13th month before the date of the transaction; or
(B)iiis at least 80 percent owned by another person who:
(i)iiin writing unconditionally guarantees performance by the person offering the business opportunity plan; and
(ii)iihas a net worth of more than $25 million according to the person's most recent audited balance sheet as of a date not earlier than the 13th month before the date of the transaction; or
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(8)iian arrangement defined as a franchise by 16 C.F.R. Section 436.2(a) and its subsequent amendments if:
(A)iithe franchisor complies in all material respects in this state with 16 C.F.R. Part 436 and each order or other action of the Federal Trade Commission; and
(B)iibefore offering for sale or selling a franchise in this state, a person files with the secretary of state a notice containing:
(i)iithe name of the franchisor;
(ii)iithe name under which the franchisor intends to transact business; and
(iii)iithe franchisor's principal business address.
SECTIONi3A.02.iiSubsection (b), Section 105.004, Business & Commerce Code, as effective April 1, 2009, is amended to read as follows:
(b)iiThe Texas Department of Motor Vehicles [Transportation] shall provide
a notice that states the provisions of this chapter to each person with a disability
who is issued:
(1)iilicense plates under Section 504.201, Transportation Code; or
(2)iia disabled parking placard under Section 681.004, Transportation Code.
PART B. CODE OF CRIMINAL PROCEDURE
SECTIONi3B.01.iiSubdivision (1), Section 1, Article 42.22, Code of Criminal Procedure, is amended to read as follows:
(1)ii"Department" means the Texas Department of Motor Vehicles
[Transportation].
SECTIONi3B.02.iiSubsection (c), Article 59.04, Code of Criminal Procedure, is amended to read as follows:
(c)iiIf the property is a motor vehicle, and if there is reasonable cause to
believe that the vehicle has been registered under the laws of this state, the
attorney representing the state shall ask the Texas Department of Motor Vehicles
[Transportation] to identify from its records the record owner of the vehicle and
any interest holder. If the addresses of the owner and interest holder are not
otherwise known, the attorney representing the state shall request citation be
served on such persons at the address listed with the Texas Department of Motor
Vehicles [Transportation]. If the citation issued to such address is returned
unserved, the attorney representing the state shall cause a copy of the notice of
the seizure and intended forfeiture to be posted at the courthouse door, to remain
there for a period of not less than 30 days. If the owner or interest holder does not
answer or appear after the notice has been so posted, the court shall enter a
judgment by default as to the owner or interest holder, provided that the attorney
representing the state files a written motion supported by affidavit setting forth
the attempted service. An owner or interest holder whose interest is forfeited in
this manner shall not be liable for court costs. If the person in possession of the
vehicle at the time of the seizure is not the owner or the interest holder of the
vehicle, notification shall be provided to the possessor in the same manner
specified for notification to an owner or interest holder.
4428 81st LEGISLATURE — REGULAR SESSION
PART C. FAMILY CODE
SECTIONi3C.01.iiSubsection (b), Section 157.316, Family Code, is amended to read as follows:
(b)iiIf a lien established under this subchapter attaches to a motor vehicle,
the lien must be perfected in the manner provided by Chapter 501, Transportation
Code, and the court or Title IV-D agency that rendered the order of child support
shall include in the order a requirement that the obligor surrender to the court or
Title IV-D agency evidence of the legal ownership of the motor vehicle against
which the lien may attach. A lien against a motor vehicle under this subchapter is
not perfected until the obligor's title to the vehicle has been surrendered to the
court or Title IV-D agency and the Texas Department of Motor Vehicles
[Transportation] has issued a subsequent title that discloses on its face the fact
that the vehicle is subject to a child support lien under this subchapter.
SECTIONi3C.02.iiSubsection (a), Section 232.0022, Family Code, is amended to read as follows:
(a)iiThe Texas Department of Motor Vehicles [Transportation] is the
appropriate licensing authority for suspension or nonrenewal of a motor vehicle
registration under this chapter.
SECTIONi3C.03.iiSubsection (b), Section 232.014, Family Code, is amended to read as follows:
(b)iiA fee collected by the Texas Department of Motor Vehicles
[Transportation] or the Department of Public Safety shall be deposited to the
credit of the state highway fund.
SECTIONi3C.04.iiSubsection (b), Section 264.502, Family Code, is amended to read as follows:
(b)iiThe members of the committee who serve under Subsections (a)(1) through (3) shall select the following additional committee members:
(1)iia criminal prosecutor involved in prosecuting crimes against children;
(2)iia sheriff;
(3)iia justice of the peace;
(4)iia medical examiner;
(5)iia police chief;
(6)iia pediatrician experienced in diagnosing and treating child abuse and neglect;
(7)iia child educator;
(8)iia child mental health provider;
(9)iia public health professional;
(10)iia child protective services specialist;
(11)iia sudden infant death syndrome family service provider;
(12)iia neonatologist;
(13)iia child advocate;
(14)iia chief juvenile probation officer;
(15)iia child abuse prevention specialist;
(16)iia representative of the Department of Public Safety; and
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4429
(17)iia representative of the Texas Department of Motor Vehicles
[Transportation].
PART D. FINANCE CODE
SECTIONi3D.01.iiSubdivision (9), Section 306.001, Finance Code, is amended to read as follows:
(9)ii"Qualified commercial loan":
(A)iimeans:
(i)iia commercial loan in which one or more persons as part of the same transaction lends, advances, borrows, or receives, or is obligated to lend or advance or entitled to borrow or receive, money or credit with an aggregate value of:
(a)ii$3 million or more if the commercial loan is secured by real property; or
(b)ii$250,000 or more if the commercial loan is not secured by real property and, if the aggregate value of the commercial loan is less than $500,000, the loan documents contain a written certification from the borrower that:
(1)iithe borrower has been advised by the lender to seek the advice of an attorney and an accountant in connection with the commercial loan; and
(2)iithe borrower has had the opportunity to seek the advice of an attorney and accountant of the borrower's choice in connection with the commercial loan; and
(ii)iia renewal or extension of a commercial loan described by Paragraph (A), regardless of the principal amount of the loan at the time of the renewal or extension; and
(B)iidoes not include a commercial loan made for the purpose of
financing a business licensed by the Motor Vehicle Board of the Texas
Department of Motor Vehicles [Transportation] under Section 2301.251(a),
Occupations Code.
SECTIONi3D.02.iiSubdivision (10-a), Section 348.001, Finance Code, is amended to read as follows:
(10-a)ii"Towable recreation vehicle" means a nonmotorized vehicle that:
(A)iiwas originally designed and manufactured primarily to provide temporary human habitation in conjunction with recreational, camping, or seasonal use;
(B)iiis titled and registered with the Texas Department of Motor
Vehicles [Transportation] as a travel trailer through a county tax
assessor-collector;
(C)iiis permanently built on a single chassis;
(D)iicontains at least one life support system; and
(E)iiis designed to be towable by a motor vehicle.
SECTIONi3D.03.iiSection 348.518, Finance Code, is amended to read as follows:
4430 81st LEGISLATURE — REGULAR SESSION
Sec.i348.518.iiSHARING OF INFORMATION. To ensure consistent
enforcement of law and minimization of regulatory burdens, the commissioner
and the Texas Department of Motor Vehicles [Transportation] may share
information, including criminal history information, relating to a person licensed
under this chapter. Information otherwise confidential remains confidential after it
is shared under this section.
PART E. GOVERNMENT CODE
SECTIONi3E.01.iiSubsection (d), Section 411.122, Government Code, is amended to read as follows:
(d)iiThe following state agencies are subject to this section:
(1)iiTexas Appraiser Licensing and Certification Board;
(2)iiTexas Board of Architectural Examiners;
(3)iiTexas Board of Chiropractic Examiners;
(4)iiState Board of Dental Examiners;
(5)iiTexas Board of Professional Engineers;
(6)iiTexas Funeral Service Commission;
(7)iiTexas Board of Professional Geoscientists;
(8)iiDepartment of State Health Services, except as provided by Section 411.110, and agencies attached to the department, including:
(A)iiTexas State Board of Examiners of Dietitians;
(B)iiTexas State Board of Examiners of Marriage and Family Therapists;
(C)iiMidwifery Board;
(D)iiTexas State Perfusionist Advisory Committee [Board of
Examiners of Perfusionists];
(E)iiTexas State Board of Examiners of Professional Counselors;
(F)iiTexas State Board of Social Worker Examiners;
(G)iiState Board of Examiners for Speech-Language Pathology and Audiology;
(H)iiAdvisory Board of Athletic Trainers;
(I)iiState Committee of Examiners in the Fitting and Dispensing of Hearing Instruments;
(J)iiTexas Board of Licensure for Professional Medical Physicists; and
(K)iiTexas Board of Orthotics and Prosthetics;
(9)iiTexas Board of Professional Land Surveying;
(10)iiTexas Department of Licensing and Regulation, except as provided by Section 411.093;
(11)iiTexas Commission on Environmental Quality;
(12)iiTexas Board of Occupational Therapy Examiners;
(13)iiTexas Optometry Board;
(14)iiTexas State Board of Pharmacy;
(15)iiTexas Board of Physical Therapy Examiners;
(16)iiTexas State Board of Plumbing Examiners;
(17)iiTexas State Board of Podiatric Medical Examiners;
(18)iiPolygraph Examiners Board;
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(19)iiTexas State Board of Examiners of Psychologists;
(20)iiTexas Real Estate Commission;
(21)iiBoard of Tax Professional Examiners;
(22)iiTexas Department of Transportation;
(23)iiState Board of Veterinary Medical Examiners;
(24)iiTexas Department of Housing and Community Affairs;
(25)iisecretary of state;
(26)iistate fire marshal;
(27)iiTexas Education Agency; [and]
(28)iiDepartment of Agriculture; and
(29)iiTexas Department of Motor Vehicles.
PART F. HEALTH AND SAFETY CODE
SECTIONi3F.01.iiSubsection (e), Section 382.209, Health and Safety Code, is amended to read as follows:
(e)iiA vehicle is not eligible to participate in a low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program established under this section unless:
(1)iithe vehicle is capable of being operated;
(2)iithe registration of the vehicle:
(A)iiis current; and
(B)iireflects that the vehicle has been registered in the county implementing the program for the 12 months preceding the application for participation in the program;
(3)iithe commissioners court of the county administering the program
determines that the vehicle meets the eligibility criteria adopted by the
commission, the Texas Department of Motor Vehicles [Transportation], and the
Public Safety Commission;
(4)iiif the vehicle is to be repaired, the repair is done by a repair facility recognized by the Department of Public Safety, which may be an independent or private entity licensed by the state; and
(5)iiif the vehicle is to be retired under this subsection and Section 382.213, the replacement vehicle is a qualifying motor vehicle.
SECTIONi3F.02.iiSubsection (f), Section 382.210, Health and Safety Code, is amended to read as follows:
(f)iiIn this section, "total cost" means the total amount of money paid or to
be paid for the purchase of a motor vehicle as set forth as "sales price" in the form
entitled "Application for Texas Certificate of Title" promulgated by the Texas
Department of Motor Vehicles [Transportation]. In a transaction that does not
involve the use of that form, the term means an amount of money that is
equivalent, or substantially equivalent, to the amount that would appear as "sales
price" on the Application for Texas Certificate of Title if that form were involved.
SECTIONi3F.03.iiSubsection (a), Section 461.017, Health and Safety Code, is amended to read as follows:
(a)iiThe Drug Demand Reduction Advisory Committee is composed of the following members:
4432 81st LEGISLATURE — REGULAR SESSION
(1)iifive representatives of the public from different geographic regions
of the state who have knowledge and expertise in issues relating to reducing drug
demand and who are appointed by the commissioner [executive director] of the
Department of State Health Services [Texas Commission on Alcohol and Drug
Abuse]; and
(2)iione representative of each of the following agencies or offices who is appointed by the executive director or commissioner of the agency or office and who is directly involved in the agency's or office's policies, programs, or funding activities relating to reducing drug demand:
(A)iithe criminal justice division of the governor's office;
(B)iithe Criminal Justice Policy Council;
(C)iithe Department of Family and Protective [and Regulatory]
Services;
(D)iithe Department of Public Safety of the State of Texas;
(E)iithe Health and Human Services Commission;
(F)iithe Texas Alcoholic Beverage Commission;
(G)iithe Department of State Health Services [Texas Commission
on Alcohol and Drug Abuse];
(H)iithe Texas Council on Offenders with Mental Impairments;
(I)iithe Texas Department of Criminal Justice;
(J)iithe [Texas Department of] Health and[;
[(K)iithe Texas Department of] Human Services Commission;
(K)i[(L)]iithe [Texas] Department of Aging and Disability Services
[Mental Health and Mental Retardation];
(L)i[(M)]iithe Texas Education Agency;
(M)i[(N)]iithe Texas Juvenile Probation Commission;
(N)i[(O)]iithe Texas Youth Commission;
(O)i[(P)]iithe Department of Assistive and Rehabilitative Services
[Texas Rehabilitation Commission];
(P)i[(Q)]iithe Texas Workforce Commission;
(Q)i[(R)]iithe Texas Department of Motor Vehicles
[Transportation];
(R)i[(S)]iithe comptroller of public accounts; and
(S)i[(T)]iithe adjutant general's department.
PART G. HUMAN RESOURCES CODE
SECTIONi3G.01.iiSection 22.041, Human Resources Code, is amended to read as follows:
Sec.i22.041.iiTHIRD-PARTY INFORMATION. Notwithstanding any other provision of this code, the department may use information obtained from a third party to verify the assets and resources of a person for purposes of determining the person's eligibility and need for medical assistance, financial assistance, or nutritional assistance. Third-party information includes information obtained from:
(1)iia consumer reporting agency, as defined by Section 20.01, Business & Commerce Code;
(2)iian appraisal district; or
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(3)iithe Texas Department of Motor Vehicles [Transportation's] vehicle
registration record database.
SECTIONi3G.02.iiSubsection (g), Section 32.026, Human Resources Code, is amended to read as follows:
(g)iiNotwithstanding any other provision of this code, the department may use information obtained from a third party to verify the assets and resources of a person for purposes of determining the person's eligibility and need for medical assistance. Third-party information includes information obtained from:
(1)iia consumer reporting agency, as defined by Section 20.01, Business & Commerce Code;
(2)iian appraisal district; or
(3)iithe Texas Department of Motor Vehicles [Transportation's] vehicle
registration record database.
PART H. LOCAL GOVERNMENT CODE
SECTIONi3H.01.iiSection 130.006, Local Government Code, is amended to read as follows:
Sec.i130.006.iiPROCEDURES FOR COLLECTION OF DISHONORED CHECKS AND INVOICES. A county tax assessor-collector may establish procedures for the collection of dishonored checks and credit card invoices. The procedures may include:
(1)iiofficial notification to the maker that the check or invoice has not been honored and that the receipt, registration, certificate, or other instrument issued on the receipt of the check or invoice is not valid until payment of the fee or tax is made;
(2)iinotification of the sheriff or other law enforcement officers that a check or credit card invoice has not been honored and that the receipt, registration, certificate, or other instrument held by the maker is not valid; and
(3)iinotification to the Texas Department of Motor Vehicles
[Transportation], the comptroller of public accounts, or the Department of Public
Safety that the receipt, registration, certificate, or other instrument held by the
maker is not valid.
SECTIONi3H.02.iiSection 130.007, Local Government Code, is amended to read as follows:
Sec.i130.007.iiREMISSION TO STATE NOT REQUIRED; STATE
ASSISTANCE IN COLLECTION. (a)iiIf a fee or tax is required to be remitted
to the comptroller or the Texas Department of Motor Vehicles [Transportation]
and if payment was made to the county tax assessor-collector by a check that was
not honored by the drawee bank or by a credit card invoice that was not honored
by the credit card issuer, the amount of the fee or tax is not required to be
remitted, but the assessor-collector shall notify the appropriate department of:
(1)iithe amount of the fee or tax;
(2)iithe type of fee or tax involved; and
(3)iithe name and address of the maker.
4434 81st LEGISLATURE — REGULAR SESSION
(b)iiThe Texas Department of Motor Vehicles [Transportation] and the
comptroller shall assist the county tax assessor-collector in collecting the fee or
tax and may cancel or revoke any receipt, registration, certificate, or other
instrument issued in the name of the state conditioned on the payment of the fee
or tax.
SECTIONi3H.03.iiSection 130.008, Local Government Code, is amended to read as follows:
Sec.i130.008.iiLIABILITY OF TAX COLLECTOR FOR VIOLATIONS OF
SUBCHAPTER. If the comptroller or the Texas Department of Motor Vehicles
[Transportation] determines that the county tax assessor-collector has accepted
payment for fees and taxes to be remitted to that department in violation of
Section 130.004 or that more than two percent of the fees and taxes to be received
from the assessor-collector are not remitted because of the acceptance of checks
that are not honored by the drawee bank or of credit card invoices that are not
honored by the credit card issuer, the department may notify the
assessor-collector that the assessor-collector may not accept a check or credit card
invoice for the payment of any fee or tax to be remitted to that department. A
county tax assessor-collector who accepts a check or credit card invoice for the
payment of a fee or tax, after notice that the assessor-collector may not receive a
check or credit card invoice for the payment of fees or taxes to be remitted to a
department, is liable to the state for the amount of the check or credit card invoice
accepted.
SECTIONi3H.04.iiSection 130.009, Local Government Code, is amended to read as follows:
Sec.i130.009.iiSTATE RULES. The comptroller and the Texas Department
of Motor Vehicles [Transportation] may make rules concerning the acceptance of
checks or credit card invoices by a county tax assessor-collector and for the
collection of dishonored checks or credit card invoices.
PART I. OCCUPATIONS CODE
SECTIONi3I.01.iiSubsection (c), Section 554.009, Occupations Code, is amended to read as follows:
(c)iiThe board may register a vehicle with the Texas Department of Motor
Vehicles [Transportation] in an alias name only for investigative personnel.
SECTIONi3I.02.iiSubdivision (9), Section 2301.002, Occupations Code, is amended to read as follows:
(9)ii"Department" means the Texas Department of Motor Vehicles
[Transportation].
SECTIONi3I.03.iiSubsections (a) and (b), Section 2301.005, Occupations Code, are amended to read as follows:
(a)iiA reference in law, including a rule, to the Texas Motor Vehicle
Commission or to the board means [the director, except that a reference to] the
board of the Texas Department of Motor Vehicles [means the commission if it is
related to the adoption of rules].
(b)iiA reference in law, including a rule, to the executive director of the Texas Motor Vehicle Commission means the executive director of the Texas Department of Motor Vehicles.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4435
SECTIONi3I.04.iiSubdivisions (2) and (3), Section 2302.001, Occupations Code, are amended to read as follows:
(2)ii"Board" ["Commission"] means the board of the Texas Department
of Motor Vehicles [Transportation Commission].
(3)ii"Department" means the Texas Department of Motor Vehicles
[Transportation].
SECTIONi3I.05.iiSubsection (b), Section 2302.0015, Occupations Code, is amended to read as follows:
(b)iiFor the purpose of enforcing or administering this chapter or Chapter
501 or 502, Transportation Code, a member of the board [commission], an
employee or agent of the board [commission] or department, a member of the
Public Safety Commission, an officer of the Department of Public Safety, or a
peace officer may at a reasonable time:
(1)iienter the premises of a business regulated under one of those chapters; and
(2)iiinspect or copy any document, record, vehicle, part, or other item regulated under one of those chapters.
SECTIONi3I.06.iiThe heading to Subchapter B, Chapter 2302, Occupations Code, is amended to read as follows:
SUBCHAPTER B. BOARD [COMMISSION] POWERS AND DUTIES
SECTIONi3I.07.iiSections 2302.051, 2302.052, and 2302.053, Occupations Code, are amended to read as follows:
Sec.i2302.051.iiRULES AND ENFORCEMENT POWERS. The board
[commission] shall adopt rules as necessary to administer this chapter and may
take other action as necessary to enforce this chapter.
Sec.i2302.052.iiDUTY TO SET FEES.i The board [commission] shall set
application fees, license fees, renewal fees, and other fees as required to
implement this chapter. The board [commission] shall set the fees in amounts
reasonable and necessary to implement and enforce this chapter.
Sec.i2302.053.iiRULES RESTRICTING ADVERTISING OR
COMPETITIVE BIDDING. (a)iiThe board [commission] may not adopt a rule
under Section 2302.051 restricting advertising or competitive bidding by a person
who holds a license issued under this chapter except to prohibit false, misleading,
or deceptive practices by the person.
(b)iiThe board [commission] may not include in its rules to prohibit false,
misleading, or deceptive practices a rule that:
(1)iirestricts the use of any advertising medium;
(2)iirestricts the person's personal appearance or use of the person's voice in an advertisement;
(3)iirelates to the size or duration of an advertisement by the person; or
(4)iirestricts the use of a trade name in advertising by the person.
SECTIONi3I.08.iiSubsection (b), Section 2302.108, Occupations Code, is amended to read as follows:
4436 81st LEGISLATURE — REGULAR SESSION
(b)iiThe board [commission] by rule shall establish the grounds for denial,
suspension, revocation, or reinstatement of a license issued under this chapter and
the procedures for disciplinary action. A rule adopted under this subsection may
not conflict with a rule adopted by the State Office of Administrative Hearings.
SECTIONi3I.09. Section 2302.204, Occupations Code, is amended to read as follows:
Sec.i2302.204.iiCASUAL SALES. This chapter does not apply to a person who purchases fewer than three nonrepairable motor vehicles or salvage motor vehicles from a salvage vehicle dealer, an insurance company or salvage pool operator in a casual sale at auction, except that:
(1)iithe board [commission] shall adopt rules as necessary to regulate
casual sales by salvage vehicle dealers, insurance companies, or salvage pool
operators and to enforce this section; and
(2)iia salvage vehicle dealer, insurance company, or salvage pool operator who sells a motor vehicle in a casual sale shall comply with those rules and Subchapter E, Chapter 501, Transportation Code.
SECTIONi3I.10.iiSubdivision (33), Section 2301.002, Occupations Code, is repealed.
PART J. PENAL CODE
SECTIONi3J.01.iiSubsection (c), Section 31.03, Penal Code, is amended to read as follows:
(c)iiFor purposes of Subsection (b):
(1)iievidence that the actor has previously participated in recent transactions other than, but similar to, that which the prosecution is based is admissible for the purpose of showing knowledge or intent and the issues of knowledge or intent are raised by the actor's plea of not guilty;
(2)iithe testimony of an accomplice shall be corroborated by proof that tends to connect the actor to the crime, but the actor's knowledge or intent may be established by the uncorroborated testimony of the accomplice;
(3)iian actor engaged in the business of buying and selling used or secondhand personal property, or lending money on the security of personal property deposited with the actor, is presumed to know upon receipt by the actor of stolen property (other than a motor vehicle subject to Chapter 501, Transportation Code) that the property has been previously stolen from another if the actor pays for or loans against the property $25 or more (or consideration of equivalent value) and the actor knowingly or recklessly:
(A)iifails to record the name, address, and physical description or identification number of the seller or pledgor;
(B)iifails to record a complete description of the property, including the serial number, if reasonably available, or other identifying characteristics; or
(C)iifails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property. It is the express intent of this provision that the presumption arises unless the actor complies with each of the numbered requirements;
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4437
(4)iifor the purposes of Subdivision (3)(A), "identification number" means driver's license number, military identification number, identification certificate, or other official number capable of identifying an individual;
(5)iistolen property does not lose its character as stolen when recovered by any law enforcement agency;
(6)iian actor engaged in the business of obtaining abandoned or wrecked motor vehicles or parts of an abandoned or wrecked motor vehicle for resale, disposal, scrap, repair, rebuilding, demolition, or other form of salvage is presumed to know on receipt by the actor of stolen property that the property has been previously stolen from another if the actor knowingly or recklessly:
(A)iifails to maintain an accurate and legible inventory of each motor vehicle component part purchased by or delivered to the actor, including the date of purchase or delivery, the name, age, address, sex, and driver's license number of the seller or person making the delivery, the license plate number of the motor vehicle in which the part was delivered, a complete description of the part, and the vehicle identification number of the motor vehicle from which the part was removed, or in lieu of maintaining an inventory, fails to record the name and certificate of inventory number of the person who dismantled the motor vehicle from which the part was obtained;
(B)iifails on receipt of a motor vehicle to obtain a certificate of authority, sales receipt, or transfer document as required by Chapter 683, Transportation Code, or a certificate of title showing that the motor vehicle is not subject to a lien or that all recorded liens on the motor vehicle have been released; or
(C)iifails on receipt of a motor vehicle to immediately remove an
unexpired license plate from the motor vehicle, to keep the plate in a secure and
locked place, or to maintain an inventory, on forms provided by the Texas
Department of Motor Vehicles [Transportation], of license plates kept under this
paragraph, including for each plate or set of plates the license plate number and
the make, motor number, and vehicle identification number of the motor vehicle
from which the plate was removed;
(7)iian actor who purchases or receives a used or secondhand motor vehicle is presumed to know on receipt by the actor of the motor vehicle that the motor vehicle has been previously stolen from another if the actor knowingly or recklessly:
(A)iifails to report to the Texas Department of Motor Vehicles
[Transportation] the failure of the person who sold or delivered the motor vehicle
to the actor to deliver to the actor a properly executed certificate of title to the
motor vehicle at the time the motor vehicle was delivered; or
(B)iifails to file with the county tax assessor-collector of the county in which the actor received the motor vehicle, not later than the 20th day after the date the actor received the motor vehicle, the registration license receipt and certificate of title or evidence of title delivered to the actor in accordance with Subchapter D, Chapter 520, Transportation Code, at the time the motor vehicle was delivered;
4438 81st LEGISLATURE — REGULAR SESSION
(8)iian actor who purchases or receives from any source other than a licensed retailer or distributor of pesticides a restricted-use pesticide or a state-limited-use pesticide or a compound, mixture, or preparation containing a restricted-use or state-limited-use pesticide is presumed to know on receipt by the actor of the pesticide or compound, mixture, or preparation that the pesticide or compound, mixture, or preparation has been previously stolen from another if the actor:
(A)iifails to record the name, address, and physical description of the seller or pledgor;
(B)iifails to record a complete description of the amount and type of pesticide or compound, mixture, or preparation purchased or received; and
(C)iifails to obtain a signed warranty from the seller or pledgor that the seller or pledgor has the right to possess the property; and
(9)iian actor who is subject to Section 409, Packers and Stockyards Act (7 U.S.C. Section 228b), that obtains livestock from a commission merchant by representing that the actor will make prompt payment is presumed to have induced the commission merchant's consent by deception if the actor fails to make full payment in accordance with Section 409, Packers and Stockyards Act (7 U.S.C. Section 228b).
SECTIONi3J.02.iiSubsection (b), Section 31.11, Penal Code, is amended to read as follows:
(b)iiIt is an affirmative defense to prosecution under this section that the person was:
(1)iithe owner or acting with the effective consent of the owner of the property involved;
(2)iia peace officer acting in the actual discharge of official duties; or
(3)iiacting with respect to a number assigned to a vehicle by the Texas Department of Transportation or the Texas Department of Motor Vehicles, as applicable, and the person was:
(A)iiin the actual discharge of official duties as an employee or agent of the department; or
(B)iiin full compliance with the rules of the department as an applicant for an assigned number approved by the department.
PART K. TAX CODE
SECTIONi3K.01.iiSubsection (d), Section 21.02, Tax Code, is amended to read as follows:
(d)iiA motor vehicle does not have taxable situs in a taxing unit under Subsection (a)(1) if, on January 1, the vehicle:
(1)iihas been located for less than 60 days at a place of business of a
person who holds a wholesale motor vehicle auction general distinguishing
number issued by the Texas Department of Motor Vehicles [Transportation]
under Chapter 503, Transportation Code, for that place of business; and
(2)iiis offered for resale.
SECTIONi3K.02.iiSubsection (d), Section 22.04, Tax Code, is amended to read as follows:
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4439
(d)iiThis section does not apply to a motor vehicle that on January 1 is
located at a place of business of a person who holds a wholesale motor vehicle
auction general distinguishing number issued by the Texas Department of Motor
Vehicles [Transportation] under Chapter 503, Transportation Code, for that place
of business, and that:
(1)iihas not acquired taxable situs under Section 21.02(a)(1) in a taxing unit that participates in the appraisal district because the vehicle is described by Section 21.02(d);
(2)iiis offered for sale by a dealer who holds a dealer's general
distinguishing number issued by the Texas Department of Motor Vehicles
[Transportation] under Chapter 503, Transportation Code, and whose inventory
of motor vehicles is subject to taxation in the manner provided by Sections
23.121 and 23.122; or
(3)iiis collateral possessed by a lienholder and offered for sale in foreclosure of a security interest.
SECTIONi3K.03.iiSubdivisions (3), (11), and (14), Subsection (a), Section 23.121, Tax Code, are amended to read as follows:
(3)ii"Dealer" means a person who holds a dealer's general
distinguishing number issued by the Texas Department of Motor Vehicles
[Transportation] under the authority of Chapter 503, Transportation Code, or who
is legally recognized as a motor vehicle dealer pursuant to the law of another state
and who complies with the terms of Section 152.063(f). The term does not
include:
(A)iia person who holds a manufacturer's license issued under
Chapter 2301, Occupations Code [by the Motor Vehicle Board of the Texas
Department of Transportation];
(B)iian entity that is owned or controlled by a person who holds a
manufacturer's license issued under Chapter 2301, Occupations Code [by the
Motor Vehicle Board of the Texas Department of Transportation]; or
(C)iia dealer whose general distinguishing number issued by the
Texas Department of Motor Vehicles [Transportation] under the authority of
Chapter 503, Transportation Code, prohibits the dealer from selling a vehicle to
any person except a dealer.
(11)ii"Sales price" means the total amount of money paid or to be paid
for the purchase of a motor vehicle as set forth as "sales price" in the form
entitled "Application for Texas Certificate of Title" promulgated by the Texas
Department of Motor Vehicles [Transportation]. In a transaction that does not
involve the use of that form, the term means an amount of money that is
equivalent, or substantially equivalent, to the amount that would appear as "sales
price" on the Application for Texas Certificate of Title if that form were involved.
(14)ii"Towable recreational vehicle" means a nonmotorized vehicle that is designed for temporary human habitation for recreational, camping, or seasonal use and:
(A)iiis titled and registered with the Texas Department of Motor
Vehicles [Transportation] through the office of the collector;
(B)iiis permanently built on a single chassis;
4440 81st LEGISLATURE — REGULAR SESSION
(C)iicontains one or more life support systems; and
(D)iiis designed to be towable by a motor vehicle.
SECTIONi3K.04.iiSubsections (f), (g), and (h), Section 23.121, Tax Code, are amended to read as follows:
(f)iiThe comptroller shall promulgate a form entitled Dealer's Motor Vehicle
Inventory Declaration. Except as provided by Section 23.122(l) [of this code], not
later than February 1 of each year, or, in the case of a dealer who was not in
business on January 1, not later than 30 days after commencement of business,
each dealer shall file a declaration with the chief appraiser and file a copy with
the collector. For purposes of this subsection, a dealer is presumed to have
commenced business on the date of issuance to the dealer of a dealer's general
distinguishing number as provided by Chapter 503, Transportation Code.
Notwithstanding the presumption created by this subsection, a chief appraiser
may, at his or her sole discretion, designate as the date on which a dealer
commenced business a date other than the date of issuance to the dealer of a
dealer's general distinguishing number. The declaration is sufficient to comply
with this subsection if it sets forth the following information:
(1)iithe name and business address of each location at which the dealer owner conducts business;
(2)iieach of the dealer's general distinguishing numbers issued by the
Texas Department of Motor Vehicles [Transportation];
(3)iia statement that the dealer owner is the owner of a dealer's motor vehicle inventory; and
(4)iithe market value of the dealer's motor vehicle inventory for the
current tax year as computed under Section 23.121(b) [of this code].
(g)iiUnder the terms provided by this subsection, the chief appraiser may
examine the books and records of the holder of a general distinguishing number
issued by the Texas Department of Motor Vehicles [Transportation]. A request
made under this subsection must be made in writing, delivered personally to the
custodian of the records, at the location for which the general distinguishing
number has been issued, must provide a period not less than 15 days for the
person to respond to the request, and must state that the person to whom it is
addressed has the right to seek judicial relief from compliance with the request. In
a request made under this section the chief appraiser may examine:
(1)iithe document issued by the Texas Department of Motor Vehicles
[Transportation] showing the person's general distinguishing number;
(2)iidocumentation appropriate to allow the chief appraiser to ascertain
the applicability of this section and Section 23.122 [of this code] to the person;
(3)iisales records to substantiate information set forth in the dealer's declaration filed by the person.
(h)iiIf a dealer fails to file a declaration as required by this section, or if, on
the declaration required by this section, a dealer reports the sale of fewer than five
motor vehicles in the prior year, the chief appraiser shall report that fact to the
Texas Department of Motor Vehicles [Transportation] and the department shall
initiate termination proceedings. The chief appraiser shall include with the report
a copy of a declaration, if any, indicating the sale by a dealer of fewer than five
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SECTIONi3K.05.iiSubsection (c), Section 23.123, Tax Code, is amended to read as follows:
(c)iiInformation made confidential by this section may be disclosed:
(1)iiin a judicial or administrative proceeding pursuant to a lawful subpoena;
(2)iito the person who filed the declaration or statement or to that person's representative authorized by the person in writing to receive the information;
(3)iito the comptroller or an employee of the comptroller authorized by the comptroller to receive the information;
(4)iito a collector or chief appraiser;
(5)iito a district attorney, criminal district attorney or county attorney
involved in the enforcement of a penalty imposed pursuant to Section 23.121 or
Section 23.122 [of this code];
(6)iifor statistical purposes if in a form that does not identify specific property or a specific property owner;
(7)iiif and to the extent that the information is required for inclusion in a public document or record that the appraisal or collection office is required by law to prepare or maintain; or
(8)iito the Texas Department of Motor Vehicles [Transportation] for use
by that department in auditing compliance of its licensees with appropriate
provisions of applicable law.
SECTIONi3K.06.iiSubdivision (11), Subsection (a), Section 23.124, Tax Code, is amended to read as follows:
(11)ii"Sales price" means the total amount of money paid or to be paid for the purchase of:
(A)iia vessel, other than a trailer that is treated as a vessel, as set forth as "sales price" in the form entitled "Application for Texas Certificate of Number/Title for Boat/Seller, Donor or Trader's Affidavit" promulgated by the Parks and Wildlife Department;
(B)iian outboard motor as set forth as "sales price" in the form entitled "Application for Texas Certificate of Title for an Outboard Motor/Seller, Donor or Trader's Affidavit" promulgated by the Parks and Wildlife Department; or
(C)iia trailer that is treated as a vessel as set forth as "sales price" in
the form entitled "Application for Texas Certificate of Title" promulgated by the
Texas Department of Motor Vehicles [Transportation].
In a transaction involving a vessel, an outboard motor, or a trailer that is treated as a vessel that does not involve the use of one of these forms, the term means an amount of money that is equivalent, or substantially equivalent, to the
4442 81st LEGISLATURE — REGULAR SESSION
SECTIONi3K.07.iiSection 113.011, Tax Code, is amended to read as follows:
Sec.i113.011.iiLIENS FILED WITH TEXAS DEPARTMENT OF MOTOR
VEHICLES [TRANSPORTATION]. The comptroller shall furnish to the Texas
Department of Motor Vehicles [Transportation] each release of a tax lien filed by
the comptroller with that department.
SECTIONi3K.08.iiSubsections (a) and (f), Section 152.0412, Tax Code, are amended to read as follows:
(a)iiIn this section, "standard presumptive value" means the private-party
transaction value of a motor vehicle, as determined by the Texas Department of
Motor Vehicles [Transportation] based on an appropriate regional guidebook of a
nationally recognized motor vehicle value guide service, or based on another
motor vehicle guide publication that the department determines is appropriate if a
private-party transaction value for the motor vehicle is not available from a
regional guidebook described by this subsection.
(f)iiThe Texas Department of Motor Vehicles [Transportation] shall maintain
information on the standard presumptive values of motor vehicles as part of the
department's registration and title system. The department shall update the
information at least quarterly each calendar year and publish, electronically or
otherwise, the updated information.
SECTIONi3K.09.iiSection 152.042, Tax Code, is amended to read as follows:
Sec.i152.042.iiCOLLECTION OF TAX ON METAL DEALER PLATES.
A person required to pay the tax imposed by Section 152.027 shall pay the tax to
the Texas Department of Motor Vehicles [Transportation], and the department
may not issue the metal dealer's plates until the tax is paid.
SECTIONi3K.10.iiSubsection (b), Section 152.121, Tax Code, is amended to read as follows:
(b)iiTaxes on metal dealer plates collected by the Texas Department of
Motor Vehicles [Transportation] shall be deposited by the department in the state
treasury in the same manner as are other taxes collected under this chapter.
SECTIONi3K.11.iiSubdivision (52), Section 162.001, Tax Code, is amended to read as follows:
(52)ii"Registered gross weight" means the total weight of the vehicle
and carrying capacity shown on the registration certificate issued by the Texas
Department of Motor Vehicles [Transportation].
ARTICLE 4.iUSED AUTOMOTIVE PARTS RECYCLERS
SECTIONi4.01.iiSubdivision (6), Section 2302.001, Occupations Code, is amended to read as follows:
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(6)ii"Salvage vehicle agent" means a person who acquires, sells, or
otherwise deals in nonrepairable or salvage motor vehicles [or used parts] in this
state as directed by the salvage vehicle dealer under whose license the person
operates. The term does not include a person who:
(A)iiis a licensed salvage vehicle dealer or a licensed used automotive parts recycler;
(B)iiis a partner, owner, or officer of a business entity that holds a salvage vehicle dealer license or a used automotive parts recycler license;
(C)iiis an employee of a licensed salvage vehicle dealer or a licensed used automotive parts recycler; or
(D)iionly transports salvage motor vehicles for a licensed salvage vehicle dealer or a licensed used automotive parts recycler.
SECTIONi4.02.iiSubsection (b), Section 2302.006, Occupations Code, is amended to read as follows:
(b)iiThis chapter applies to a transaction in which a motor vehicle:
(1)iiis sold, transferred, released, or delivered to a metal recycler for the
purpose of reuse or resale as a motor vehicle [or as a source of used parts]; and
(2)iiis used for that purpose.
SECTIONi4.03.iiSubchapter A, Chapter 2302, Occupations Code, is amended by adding Section 2302.008 to read as follows:
Sec.i2302.008.iiAPPLICABILITY OF CHAPTER TO USED AUTOMOTIVE PARTS RECYCLERS. This chapter does not apply to a used automotive parts recycler licensed under Chapter 2309.
SECTIONi4.04.iiSubsection (b), Section 2302.103, Occupations Code, is amended to read as follows:
(b)iiAn applicant may apply for a salvage vehicle dealer license with an endorsement in one or more of the following classifications:
(1)iinew automobile dealer;
(2)iiused automobile dealer;
(3)ii[used vehicle parts dealer;
[(4)]iisalvage pool operator;
(4)i[(5)]iisalvage vehicle broker; or
(5)i[(6)]iisalvage vehicle rebuilder.
SECTIONi4.05.iiSubsection (d), Section 2302.107, Occupations Code, is amended to read as follows:
(d)iiA salvage vehicle agent may acquire, sell, or otherwise deal in,
nonrepairable or salvage motor vehicles [or used parts] as directed by the
authorizing dealer.
SECTIONi4.06.iiSection 2302.202, Occupations Code, is amended to read as follows:
Sec.i2302.202.iiRECORDS OF PURCHASES. A salvage vehicle dealer
shall maintain a record of each salvage motor vehicle [and each used part]
purchased or sold by the dealer.
SECTIONi4.07.iiSubtitle A, Title 14, Occupations Code, is amended by adding Chapter 2309 to read as follows:
4444 81st LEGISLATURE — REGULAR SESSION
CHAPTER 2309. USED AUTOMOTIVE PARTS RECYCLERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec.i2309.001.iiSHORT TITLE. This chapter may be cited as the Texas Used Automotive Parts Recycling Act.
Sec.i2309.002.iiDEFINITIONS. In this chapter:
(1)ii"Insurance company," "metal recycler," "motor vehicle," "nonrepairable motor vehicle," "nonrepairable vehicle title," "salvage motor vehicle," "salvage vehicle title," and "salvage vehicle dealer" have the meanings assigned by Section 501.091, Transportation Code.
(2)ii"Commission" means the Texas Commission of Licensing and Regulation.
(3)ii"Department" means the Texas Department of Licensing and Regulation.
(4)ii"Executive director" means the executive director of the department.
(5)ii"Used automotive part" has the meaning assigned to "used part" by Section 501.091, Transportation Code.
(6)ii"Used automotive parts recycler" means a person licensed under this chapter to operate a used automotive parts recycling business.
(7)ii"Used automotive parts recycling" means the dismantling and reuse or resale of used automotive parts and the safe disposal of salvage motor vehicles or nonrepairable motor vehicles, including the resale of those vehicles.
Sec.i2309.003.iiAPPLICABILITY OF CHAPTER TO METAL RECYCLERS. (a)iiExcept as provided by Subsection (b), this chapter does not apply to a transaction to which a metal recycler is a party.
(b)iiThis chapter applies to a transaction in which a motor vehicle:
(1)iiis sold, transferred, released, or delivered to a metal recycler as a source of used automotive parts; and
(2)iiis used as a source of used automotive parts.
Sec.i2309.004.iiAPPLICABILITY OF CHAPTER TO SALVAGE VEHICLE DEALERS. (a)iiExcept as provided by Subsection (b), this chapter does not apply to a transaction in which a salvage vehicle dealer is a party.
(b)iiThis chapter applies to a salvage vehicle dealer who deals in used automotive parts as more than an incidental part of the salvage vehicle dealer's primary business.
Sec.i2309.005.iiAPPLICABILITY OF CHAPTER TO INSURANCE COMPANIES. This chapter does not apply to an insurance company.
[Sections 2309.006-2309.050 reserved for expansion]
SUBCHAPTER B. ADVISORY BOARD
Sec.i2309.051.iiUSED AUTOMOTIVE PARTS RECYCLING ADVISORY BOARD. (a)iiThe advisory board consists of five members representing the used automotive parts industry in this state appointed by the presiding officer of the commission with the approval of the commission.
(b)iiThe advisory board shall include members who represent used automotive parts businesses owned by domestic entities, as defined by Section 1.002, Business Organizations Code.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4445
(c)iiThe advisory board shall include one member who represents a used automotive parts business owned by a foreign entity, as defined by Section 1.002, Business Organizations Code.
(d)iiThe advisory board may not include more than one member from any one used automotive parts business entity.
(e)iiAppointments to the advisory board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Sec.i2309.052.iiTERMS; VACANCIES. (a)iiAdvisory board members serve terms of six years, with the terms of one or two members expiring on February 1 of each odd-numbered year.
(b)iiA member may not serve more than two full consecutive terms.
(c)iiIf a vacancy occurs during a term, the presiding officer of the commission shall appoint a replacement who meets the qualifications of the vacated position to serve for the remainder of the term.
Sec.i2309.053.iiPRESIDING OFFICER. The presiding officer of the commission shall appoint one of the advisory board members to serve as presiding officer of the advisory board for a term of one year. The presiding officer of the advisory board may vote on any matter before the advisory board.
Sec.i2309.054.iiPOWERS AND DUTIES OF ADVISORY BOARD. The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration and enforcement of this chapter, including licensing standards.
Sec.i2309.055.iiCOMPENSATION; REIMBURSEMENT OF EXPENSES. Advisory board members may not receive compensation but are entitled to reimbursement for actual and necessary expenses incurred in performing the functions of the advisory board, subject to the General Appropriations Act.
Sec.i2309.056.iiMEETINGS. The advisory board shall meet twice annually and may meet at other times at the call of the presiding officer of the commission or the executive director.
[Sections 2309.057-2309.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES OF COMMISSION AND DEPARTMENT
Sec.i2309.101.iiGENERAL POWERS AND DUTIES. The executive director or commission, as appropriate, may take action as necessary to administer and enforce this chapter.
Sec.i2309.102.iiRULES. (a)iiThe commission shall adopt rules for licensing used automotive parts recyclers and used automotive parts employees.
(b)iiThe commission by rule shall adopt standards of conduct for license holders under this chapter.
Sec.i2309.103.iiRULES REGARDING LICENSING AND STANDARDS OF CONDUCT. (a) The commission shall adopt rules for licensing applicants, including rules for denial of an application if the applicant, a partner, principal, officer, or general manager of the applicant, or another license or permit holder with a connection to the applicant, has:
(1)iibefore the application date, been convicted of, pleaded guilty or nolo contendere to, or been placed on deferred adjudication for:
4446 81st LEGISLATURE — REGULAR SESSION
(A)iia felony; or
(B)iia misdemeanor punishable by confinement in jail or by a fine exceeding $500;
(2)iiviolated an order of the commission or executive director, including an order for sanctions or administrative penalties; or
(3)iiknowingly submitted false information on the application.
(b)iiThe commission by rule shall adopt standards of conduct for license holders under this chapter.
Sec.i2309.104.iiFEES. The commission shall establish and collect reasonable and necessary fees in amounts sufficient to cover the costs of administering this chapter.
Sec.i2309.105.iiRULES RESTRICTING ADVERTISING OR COMPETITIVE BIDDING. (a)iiThe commission may not adopt a rule restricting advertising or competitive bidding by a person who holds a license issued under this chapter except to prohibit false, misleading, or deceptive practices by the person.
(b)iiThe commission may not include in its rules to prohibit false, misleading, or deceptive practices a rule that:
(1)iirestricts the use of any advertising medium;
(2)iirestricts the person's personal appearance or use of the person's voice in an advertisement;
(3)iirelates to the size or duration of an advertisement by the person; or
(4)iirestricts the use of a trade name in advertising by the person.
Sec.i2309.106.iiPERIODIC AND RISK-BASED INSPECTIONS. (a)iiThe department shall inspect each used automotive parts recycling facility at least once every two years.
(b)iiThe department may enter and inspect at any time during business hours:
(1)iithe place of business of any person regulated under this chapter; or
(2)iiany place in which the department has reasonable cause to believe that a license holder is in violation of this chapter or in violation of a rule or order of the commission or executive director.
(c)iiThe department shall conduct additional inspections based on a schedule of risk-based inspections using the following criteria:
(1)iithe inspection history;
(2)iiany history of complaints involving a used automotive parts recycler; and
(3)iiany other factor determined by the commission by rule.
(d)iiA used automotive parts recycler shall pay a fee for each risk-based inspection performed under this section. The commission by rule shall set the amount of the fee.
(e)iiIn conducting an inspection under this section, the department may inspect a facility, a used automotive part, a business record, or any other place or thing reasonably required to enforce this chapter or a rule or order adopted under this chapter.
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Sec.i2309.107.iiPERSONNEL. The department may employ personnel necessary to administer and enforce this chapter.
[Sections 2309.108-2309.150 reserved for expansion]
SUBCHAPTER D. LICENSE REQUIREMENTS
Sec.i2309.151.iiUSED AUTOMOTIVE PARTS RECYCLER LICENSE REQUIRED. (a)iiUnless the person holds a used automotive parts recycler license issued under this chapter, a person may not own or operate a used automotive parts recycling business or sell used automotive parts.
(b)iiA used automotive parts recycler license:
(1)iiis valid only with respect to the person who applied for the license; and
(2)iiauthorizes the license holder to operate a used automotive parts recycling business only at the one facility listed on the license.
Sec.i2309.152.iiGENERAL LICENSE APPLICATION REQUIREMENTS. An applicant for a used automotive parts recycler license under this chapter must submit to the department:
(1)iia completed application on a form prescribed by the executive director;
(2)iithe required fees; and
(3)iiany other information required by commission rule.
Sec.i2309.153.iiLICENSE REQUIREMENTS. An applicant for a used automotive parts recycler license under this chapter must provide in a manner prescribed by the executive director:
(1)iia federal tax identification number;
(2)iiproof of general liability insurance in an amount not less than $250,000; and
(3)iiproof of a storm water permit if the applicant is required by the Texas Commission on Environmental Quality to obtain a permit.
Sec.i2309.154.iiUSED AUTOMOTIVE PARTS EMPLOYEE LICENSE REQUIRED. (a)iiA person employed by a used automotive parts recycler may not in the scope of the person's employment acquire a vehicle or used automotive parts and may not sell used automotive parts unless the person holds a used automotive parts employee license issued under this chapter.
(b)iiThe commission by rule shall adopt requirements for the application for and issuance of a used automotive parts employee license under this chapter.
Sec.i2309.155.iiNONTRANSFERABILITY OF LICENSE. A license issued by the executive director is valid throughout this state and is not transferable.
Sec.i2309.156.iiLICENSE RENEWAL. (a)iiA license issued under this chapter is valid for one year. The department may adopt a system under which licenses expire at different times during the year.
(b)iiThe department shall notify the license holder at least 30 days before the date a license expires. The notice must be in writing and sent to the license holder's last known address according to the records of the department.
(c)iiThe commission by rule shall adopt requirements to renew a license issued under this chapter.
4448 81st LEGISLATURE — REGULAR SESSION
[Sections 2309.157-2309.200 reserved for expansion]
SUBCHAPTER E. LOCAL REGULATION
Sec.i2309.201.iiAPPLICABILITY OF CERTAIN MUNICIPAL ORDINANCES, LICENSES, AND PERMITS. (a)iiThe requirements of this chapter apply in addition to the requirements of any applicable municipal ordinance relating to the regulation of a person who deals in used automotive parts.
(b)iiThis chapter does not prohibit the enforcement of an applicable municipal license or permit requirement that is related to an activity regulated under this chapter.
[Sections 2309.202-2309.250 reserved for expansion]
SUBCHAPTER F. ENFORCEMENT
Sec.i2309.251.iiADMINISTRATIVE PENALTY. (a)iiThe commission may impose an administrative penalty on a person under Subchapter F, Chapter 51, regardless of whether the person holds a license under this chapter, if the person violates:
(1)iithis chapter or a rule adopted under this chapter; or
(2)iia rule or order of the executive director or commission.
(b)iiAn administrative penalty may not be imposed unless the person charged with a violation is provided the opportunity for a hearing.
Sec.i2309.252.iiCEASE AND DESIST ORDER; INJUNCTION; CIVIL PENALTY. (a)iiThe executive director may issue a cease and desist order as necessary to enforce this chapter if the executive director determines that the action is necessary to prevent a violation of this chapter and to protect public health and safety.
(b)iiThe attorney general or executive director may institute an action for an injunction or a civil penalty under this chapter as provided by Section 51.352.
Sec.i2309.253.iiSANCTIONS. The department may impose sanctions as provided by Section 51.353.
Sec.i2309.254.iiCRIMINAL PENALTY; LICENSING. (a)iiA person commits an offense if the person:
(1)iiviolates the licensing requirements of this chapter;
(2)iideals in used parts without a license required by this chapter; or
(3)iiemploys an individual who does not hold the appropriate license required by this chapter.
(b)iiAn offense under this section is a Class C misdemeanor.
[Sections 2309.255-2309.300 reserved for expansion]
SUBCHAPTER G. CONDUCTING BUSINESS
Sec.i2309.301.iiDUTIES ON ACQUISITION OF SALVAGE MOTOR VEHICLE. (a)iiA used automotive parts recycler who acquires ownership of a salvage motor vehicle shall obtain a properly assigned title from the previous owner of the vehicle.
(b)iiA used automotive parts recycler who acquires ownership of a motor vehicle, nonrepairable motor vehicle, or salvage motor vehicle for the purpose of dismantling, scrapping, or destroying the motor vehicle, shall, before the 31st day after the date of acquiring the motor vehicle, submit to the Texas Department of
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(c)iiAfter receiving the title or document, the Texas Department of Transportation shall issue the used automotive parts recycler a receipt for the manufacturer's certificate of origin, regular certificate of title, nonrepairable vehicle title, salvage vehicle title, other ownership document, or comparable out-of-state ownership document.
(d)iiThe recycler shall comply with Subchapter E, Chapter 501, Transportation Code.
Sec.i2309.302.iiRECORDS OF PURCHASES. A used automotive parts recycler shall maintain a record of or sales receipt for each motor vehicle, salvage motor vehicle, nonrepairable motor vehicle, and used automotive part purchased.
Sec.i2309.303.iiREGISTRATION OF NEW BUSINESS LOCATION. Before moving a place of business, a used automotive parts recycler must notify the department of the new location. The used automotive parts recycler shall provide a storm water permit for the location if a permit is required by the Texas Commission on Environmental Quality.
[Sections 2309.304-2309.350 reserved for expansion]
SUBCHAPTER H. ADDITIONAL DUTIES OF USED AUTOMOTIVE PARTS RECYCLER IN CONNECTION WITH MOTOR VEHICLE COMPONENT PARTS
Sec.i2309.351.iiDEFINITIONS. In this subchapter:
(1)ii"Component part" means a major component part as defined by Section 501.091, Transportation Code, or a minor component part.
(2)ii"Interior component part" means a motor vehicle's seat or radio.
(3)ii"Minor component part" means an interior component part, a special accessory part, or a motor vehicle part that displays or should display at least one of the following:
(A)iia federal safety certificate;
(B)iia motor number;
(C)iia serial number or a derivative; or
(D)iia manufacturer's permanent vehicle identification number or a derivative.
(4)ii"Special accessory part" means a motor vehicle's tire, wheel, tailgate, or removable glass top.
Sec.i2309.352.iiREMOVAL OF LICENSE PLATES. Immediately on receipt of a motor vehicle, a used automotive parts recycler shall:
(1)iiremove any unexpired license plates from the vehicle; and
(2)iiplace the license plates in a secure place until destroyed by the used automotive parts recycler.
Sec.i2309.353.iiDISMANTLEMENT OR DISPOSITION OF MOTOR VEHICLE. A used automotive parts recycler may not dismantle or dispose of a motor vehicle unless the recycler first obtains:
4450 81st LEGISLATURE — REGULAR SESSION
(1)iia certificate of authority to dispose of the vehicle, a sales receipt, or a transfer document for the vehicle issued under Chapter 683, Transportation Code; or
(2)iia certificate of title showing that there are no liens on the vehicle or that all recorded liens have been released.
Sec.i2309.354.iiRECORD OF PURCHASE; INVENTORY OF PARTS. (a)iiA used automotive parts recycler shall keep an accurate and legible record of each used component part purchased by or delivered to the recycler. The record must include:
(1)iithe date of purchase or delivery;
(2)iithe driver's license number of the seller and a legible photocopy of the seller's driver's license; and
(3)iia description of the part and, if applicable, the make and model of the part.
(b)iiAs an alternative to the information required by Subsection (a), a used automotive parts recycler may record:
(1)iithe name of the person who sold the part or the motor vehicle from which the part was obtained; and
(2)iithe Texas certificate of inventory number or the federal taxpayer identification number of the person.
(c)iiThe department shall prescribe the form of the record required by Subsection (a) and shall make the form available to used automotive parts recyclers.
(d)iiThis section does not apply to:
(1)iian interior component part or special accessory part from a motor vehicle more than 10 years old; or
(2)iia part delivered to a used automotive parts recycler by a commercial freight line, commercial carrier, or licensed used automotive parts recycler.
Sec.i2309.355.iiRETENTION OF COMPONENT PARTS. (a)iiiA used automotive parts recycler shall retain each component part in its original condition on the business premises of the recycler for at least three calendar days, excluding Sundays, after the date the recycler obtains the part.
(b)iiThis section does not apply to the purchase by a used automotive parts recycler of a nonoperational engine, transmission, or rear axle assembly from another used automotive parts recycler or an automotive-related business.
Sec.i2309.356.iiMAINTENANCE OF RECORDS. A used automotive parts recycler shall maintain copies of each record required under this subchapter until the first anniversary of the purchase date of the item for which the record is maintained.
Sec.i2309.357.iiSURRENDER OF CERTAIN DOCUMENTS OR LICENSE PLATES. (a)iiA used automotive parts recycler shall surrender to the Texas Department of Transportation for cancellation a certificate of title or authority, sales receipt, or transfer document, as required by the department.
(b)iiThe Texas Department of Transportation shall provide a signed receipt for a surrendered certificate of title.
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Sec.i2309.358.iiINSPECTION OF RECORDS. (a)iiA peace officer at any reasonable time may inspect a record required to be maintained under this subchapter, including an inventory record.
(b)iiOn demand by a peace officer, a used automotive parts recycler shall provide to the officer a copy of a record required to be maintained under this subchapter.
(c)iiA peace officer may inspect the inventory on the premises of a used automotive parts recycler at any reasonable time to verify, check, or audit the records required to be maintained under this subchapter.
(d)iiA used automotive parts recycler or an employee of the recycler shall allow and may not interfere with a peace officer's inspection of the recycler's inventory, premises, or required inventory records.
[Sections 2309.359-2309.400 reserved for expansion]
SUBCHAPTER I. MOTOR VEHICLE SALVAGE YARDS IN CERTAIN COUNTIES
Sec.i2309.401.iiAPPLICABILITY OF SUBCHAPTER. This subchapter applies only to a used automotive parts facility located in a county with a population of 2.8 million or more.
Sec.i2309.402.iiLIMITS ON OPERATION OF HEAVY MACHINERY. (a)iiA used automotive parts recycler may not operate heavy machinery in a used automotive parts recycling facility between the hours of 7 p.m. of one day and 7 a.m. of the following day.
(b)iiThis section does not apply to conduct necessary to a sale or purchase by the recycler.
SECTIONi4.08.iiSection 501.091, Transportation Code, is amended by amending Subdivision (17) and adding Subdivision (20) to read as follows:
(17)ii"Salvage vehicle dealer" means a person engaged in this state in
the business of acquiring, selling, [dismantling,] repairing, rebuilding,
reconstructing, or otherwise dealing in nonrepairable motor vehicles, salvage
motor vehicles, or, if incidental to a salvage motor vehicle dealer's primary
business, used automotive parts. The term does not include a person who casually
repairs, rebuilds, or reconstructs fewer than five [three] salvage motor vehicles in
the same calendar year or, except as provided by Paragraph (C), a used
automotive parts recycler. The term includes a person engaged in the business of:
(A)iia salvage vehicle dealer, regardless of whether the person holds a license issued by the department to engage in that business;
(B)iidealing in nonrepairable motor vehicles or salvage motor
vehicles[, regardless of whether the person deals in used parts]; or
(C)iia used automotive parts recycler if the sale of repaired, rebuilt,
or reconstructed nonrepairable motor vehicles or salvage motor vehicles is more
than an incidental part of the used automotive parts recycler's business [dealing in
used parts regardless of whether the person deals in nonrepairable motor vehicles
or salvage motor vehicles].
(20)ii"Used parts dealer" and "used automotive parts recycler" have the meaning assigned to "used automotive parts recycler" by Section 2309.002, Occupations Code.
4452 81st LEGISLATURE — REGULAR SESSION
SECTIONi4.09.iiSubsection (d), Section 501.092, Transportation Code, is amended to read as follows:
(d)iiAn insurance company may sell a motor vehicle to which this section
applies, or assign a salvage vehicle title or a nonrepairable vehicle title for the
motor vehicle, only to a salvage vehicle dealer, an out-of-state buyer, a buyer in a
casual sale at auction, [or] a metal recycler, or a used automotive parts recycler. If
the motor vehicle is not a salvage motor vehicle or a nonrepairable motor vehicle,
the insurance company is not required to surrender the regular certificate of title
for the vehicle or to be issued a salvage vehicle title or a nonrepairable vehicle
title for the motor vehicle.
SECTIONi4.10.iiSubsections (a) and (b), Section 501.095, Transportation Code, are amended to read as follows:
(a)iiIf the department has not issued a nonrepairable vehicle title or salvage vehicle title for the motor vehicle and an out-of-state ownership document for the motor vehicle has not been issued by another state or jurisdiction, a business or governmental entity described by Subdivisions (1)-(3) may sell, transfer, or release a nonrepairable motor vehicle or salvage motor vehicle only to a person who is:
(1)iia licensed salvage vehicle dealer, a used automotive parts recycler under Chapter 2309, Occupations Code, or a metal recycler under Chapter 2302, Occupations Code;
(2)iian insurance company that has paid a claim on the nonrepairable or salvage motor vehicle;
(3)iia governmental entity; or
(4)iian out-of-state buyer.
(b)iiA person, other than a salvage vehicle dealer, a used automotive parts recycler, or an insurance company licensed to do business in this state, who acquired ownership of a nonrepairable or salvage motor vehicle that has not been issued a nonrepairable vehicle title, salvage vehicle title, or a comparable ownership document issued by another state or jurisdiction shall, before selling the motor vehicle, surrender the properly assigned certificate of title for the motor vehicle to the department and apply to the department for:
(1)iia nonrepairable vehicle title if the vehicle is a nonrepairable motor vehicle; or
(2)iia salvage vehicle title if the vehicle is a salvage motor vehicle.
SECTIONi4.11.iiSection 501.105, Transportation Code, is amended to read as follows:
Sec.i501.105.iiRETENTION OF RECORDS RELATING TO CERTAIN CASUAL SALES. Each licensed salvage vehicle dealer, used automotive parts recycler, or insurance company that sells a nonrepairable motor vehicle or a salvage motor vehicle at a casual sale shall keep on the business premises of the dealer or the insurance company a list of all casual sales made during the preceding 36-month period that contains:
(1)iithe date of the sale;
(2)iithe name of the purchaser;
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(3)iithe name of the jurisdiction that issued the identification document provided by the purchaser, as shown on the document; and
(4)iithe vehicle identification number.
SECTIONi4.12.iiSection 2302.253, Occupations Code, is repealed.
SECTIONi4.13.iiNot later than January 1, 2010, the Texas Commission of Licensing and Regulation shall adopt rules under Section 2309.102, Occupations Code, as added by this Act.
SECTIONi4.14.iiIf there is a conflict between a provision of this Act and a provision of another Act of the 81st Legislature, Regular Session, 2009, that becomes law concerning the licensing or regulation of used automotive parts recyclers, this Act prevails regardless of the relative dates of enactment.
SECTIONi4.15.iiSections 2309.151 and 2309.154, Occupations Code, as added by this article, and Subchapter F, Chapter 2309, Occupations Code, as added by this article, take effect September 1, 2010.
ARTICLE 5. TRANSFERS OF CERTAIN POWERS, DUTIES, OBLIGATIONS, AND RIGHTS OF ACTION
SECTIONi5.01.ii(a) All powers, duties, obligations, and rights of action of the Motor Vehicle Division and the Vehicle Titles and Registration Division of the Texas Department of Transportation are transferred to the Texas Department of Motor Vehicles and all powers, duties, obligations, and rights of action of the Texas Transportation Commission in connection or associated with those divisions of the Texas Department of Transportation are transferred to the board of the Texas Department of Motor Vehicles on November 1, 2009.
(b)iiThe powers, duties, obligations, and rights of action of the portion of the Motor Carrier Division of the Texas Department of Transportation that is responsible for motor carrier registration and the enforcement of Subtitle F, Title 7, Transportation Code, are transferred to the Texas Department of Motor Vehicles and the associated powers, duties, obligations, and rights of action of the Texas Transportation Commission are transferred to the board of the Texas Department of Motor Vehicles on November 1, 2009.
(c)iiIn connection with the transfers required by Subsections (a) and (b) of this section, the personnel, furniture, computers, other property and equipment, files, and related materials used by the Motor Vehicle Division, the Vehicle Titles and Registration Division, or the portion of the Motor Carrier Division of the Texas Department of Transportation described in Subsection (b) of this section are transferred to the Texas Department of Motor Vehicles.
(d)iiThe Texas Department of Motor Vehicles shall continue any proceeding involving the Motor Vehicle Division, the Vehicle Titles and Registration Division, or the portion of the Motor Carrier Division of the Texas Department of Transportation described in Subsection (b) of this section that was brought before the effective date of this Act in accordance with the law in effect on the date the proceeding was brought, and the former law is continued in effect for that purpose.
(e)iiA certificate, license, document, permit, registration, or other authorization issued by the Motor Vehicle Division or the Vehicle Titles and Registration Division of the Texas Department of Transportation or a registration
4454 81st LEGISLATURE — REGULAR SESSION
(f)iiA rule adopted by the Texas Transportation Commission or the executive director of the Texas Department of Transportation in connection with or relating to the Motor Vehicle Division, the Vehicle Titles and Registration Division, or the portion of the Motor Carrier Division of the Texas Department of Transportation described in Subsection (b) of this section continues in effect until it is amended or repealed by the board of the Texas Department of Motor Vehicles or the Texas Department of Motor Vehicles, as applicable.
(g)iiThe unobligated and unexpended balance of any appropriations made to the Texas Department of Transportation in connection with or relating to the Motor Vehicle Division, the Vehicle Titles and Registration Division, or the portion of the Motor Carrier Division of the Texas Department of Transportation described in Subsection (b) of this section for the state fiscal biennium ending August 31, 2009, is transferred and reappropriated to the Texas Department of Motor Vehicles for the purpose of implementing the powers, duties, obligations, and rights of action transferred to that department under Subsections (a) and (b) of this section.
(h)iiThe Texas Department of Transportation shall continue, as necessary, to perform the duties and functions being transferred to the Texas Department of Motor Vehicles until the transfer of agency duties and functions is complete.
SECTIONi5.02.ii(a) In connection with the establishment by this Act of the Automobile Burglary and Theft Prevention Authority in the Texas Department of Motor Vehicles and with the transfer by this Act of the duty to provide personnel and services to the Automobile Burglary and Theft Prevention Authority from the Texas Department of Transportation to the Texas Department of Motor Vehicles, the personnel, furniture, computers, other property and equipment, files, and related materials used by the Automobile Burglary and Theft Prevention Authority are transferred to the Texas Department of Motor Vehicles.
(b)iiThe unobligated and unexpended balance of any appropriations made to the Texas Department of Transportation in connection with or relating to the Automobile Burglary and Theft Prevention Authority for the state fiscal biennium ending August 31, 2009, is transferred and reappropriated to the Texas Department of Motor Vehicles for the purpose of allowing the authority to continue to exercise its powers, duties, and obligations under the auspices of that department.
SECTIONi5.03.ii(a) In addition to the positions of the Texas Department of Transportation assigned to the Vehicle Titles and Registration Division, Motor Vehicle Division, Motor Carrier Division, and Automobile Burglary and Theft Prevention Authority Division that are transferred to the Texas Department of Motor Vehicles, it is estimated that 75 other full-time equivalent employee positions of the Texas Department of Transportation primarily support the transferred divisions and, subject to this section, those positions are also
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4455
(b)iiIf in another Act of the 81st Legislature, Regular Session, 2009, the legislature establishes a maximum number of full-time equivalent employee positions for the Texas Department of Motor Vehicles, the number of positions transferred under Subsection (a) of this section may not result in a number of full-time equivalent employee positions of that department that exceeds the maximum.
(c)iiWhen filling a position described by Subsection (a) of this section, the Texas Department of Motor Vehicles shall give first consideration to an applicant who, as of September 1, 2009, was a full-time employee of the Texas Department of Transportation and primarily supported one or more of the transferred divisions.
ARTICLE 6. APPOINTMENT OF BOARD
SECTIONi6.01.iiNot later than October 1, 2009, the governor shall appoint the members of the board of the Texas Department of Motor Vehicles in accordance with Subchapter B, Chapter 1001, Transportation Code, as added by this Act.
ARTICLE 7. MEMORANDUM OF UNDERSTANDING
SECTIONi7.01.ii(a) The board of the Texas Department of Motor Vehicles and the Texas Transportation Commission shall enter into or revise a joint memorandum of understanding to coordinate the Texas Department of Motor Vehicles' and the Texas Department of Transportation's information systems to allow for the sharing of information so that each department may effectively and efficiently perform the functions and duties assigned to it.
(b)iiThe Texas Department of Motor Vehicles and the Texas Department of Transportation shall implement the joint memorandum of understanding using existing personnel and resources.
(c)iiOtherwise confidential information shared under the memorandum of understanding remains subject to the same confidentiality requirements and legal restrictions on access to the information that are imposed by law on the department that originally obtained or collected the information.
(d)iiInformation may be shared under the memorandum of understanding without the consent of the person who is the subject of the information.
(e)iiThe memorandum of understanding required by Subsection (a) of this section must be entered into or revised at the first official meeting of the board members of the Texas Department of Motor Vehicles.
SECTIONi7.02.ii(a) In addition to the memorandum of understanding required by Section 7.01 of this article, the board of the Texas Department of Motor Vehicles and the Texas Transportation Commission may enter into or revise one or more other joint memoranda of understanding as considered necessary or appropriate to effectuate the transfer of the powers and duties of the Texas Department of Transportation to the Texas Department of Motor Vehicles under this Act. A memorandum of understanding may include an agreement for the provision of office space, utilities, and other facility services; the need for
4456 81st LEGISLATURE — REGULAR SESSION
(b)iiSubsections (b), (c), and (d) of Section 7.01 of this article apply to a memorandum of understanding entered into or revised under Subsection (a) of this section.
ARTICLEi8.iiDEPARTMENT OF MOTOR VEHICLES TRANSITION TEAM
SECTIONi8.01.ii(a) The Texas Department of Transportation shall establish a Department of Motor Vehicles Transition Team to plan for and make recommendations regarding the transfer of obligations, property, full-time equivalent positions, rights, powers, and duties from the Texas Department of Transportation to the Texas Department of Motor Vehicles. The transition team must include the division directors from the Motor Vehicle Division, the Vehicle Titles and Registration Division, and the Motor Carrier Division and the Assistant Executive Director for Support Operations.
(b)iiNot later than October 1, 2009, the transition team shall report on and make recommendations to the board of the Texas Department of Motor Vehicles and the Transportation Legislative Oversight Committee regarding the transfer of obligations, property, full-time equivalent positions, rights, powers, and duties from the Texas Department of Transportation to the Texas Department of Motor Vehicles.
ARTICLE 9. FINANCIAL AUDIT
SECTIONi9.01.ii(a)iiAs soon as practicable after the effective date of this Act, the office of the state auditor shall conduct an initial financial audit to establish financial benchmarks for the Texas Department of Motor Vehicles on its overall status and condition in relation to funds on hand, equipment and other assets, pending matters, and other issues considered appropriate by the office of the state auditor.
(b)iiAs soon as practicable after the completion of the audit required by Subsection (a) of this section, the results of the audit shall be reported by the office of the state auditor to the board of the Texas Department of Motor Vehicles and to the Texas Transportation Commission. The office of the state auditor shall also provide a copy of the audit to the board and the commission.
ARTICLE 10. EFFECTIVE DATE
SECTIONi10.01.iiThis Act takes effect September 1, 2009.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 3097 (Senate committee printing) as follows:
(1)iiIn SECTION 1.01 of the bill, added Section 1001.002(b)(2), Transportation Code (page 1, line 32), strike "623,".
(2)iiIn SECTION 1.01 of the bill, added Section 1001.005, Transportation Code (page 1, line 51), strike "2021" and substitute "2015".
(3)iiIn SECTION 1.01 of the bill, added Section 1001.024, Transportation Code (page 2, line 69), strike "once a month" and substitute "quarterly".
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(4)iiIn SECTION 2A.02 of the bill, amended Section 201.931(2), Transportation Code (page 7), strike lines 6 through 11 and substitute the following:
of vehicles and load exceeding size or weight limitations; and
(B)ii[a motor carrier registration issued under Chapter 643;
[(C)iia vehicle storage facility license issued under Chapter 2303,
Occupations Code;
[(D)] a license or permit for outdoor advertising
(5)iiStrike SECTION 2E.01 of the bill (page 8, lines 33 through 36), and substitute the following:
SECTIONi2E.01.iiSection 502.001, Transportation Code, is amended by adding Subdivision (1-a) and amending Subdivision (3) to read as follows:
(1-a)ii"Board" means the board of the Texas Department of Motor Vehicles.
(3)ii"Department" means the Texas Department of Motor Vehicles
[Transportation].
SECTIONi2E.02.iiSection 502.051, Transportation Code, is amended to read as follows:
Sec.i502.051.iiDEPOSIT OF REGISTRATION FEES IN STATE
HIGHWAY FUND.i Except as otherwise provided by this chapter, the board
[Texas Transportation Commission] and the department shall deposit all money
received from registration fees in the state treasury to the credit of the state
highway fund.
SECTIONi2E.03.iiSection 502.052(a), Transportation Code, is amended to read as follows:
(a)iiThe department shall prepare the designs and specifications of license
plates and devices selected by the board [Texas Transportation Commission] to
be used as the registration insignia.
(6)iiRenumber SECTION 2E.02 of the bill (page 8, line 37) as SECTION 2E.04.
(7)iiImmediately after SECTION 2E.02 of the bill (page 8, between lines 56 and 57), insert the following:
SECTIONi2E.05.iiSection 502.1515, Transportation Code, is amended to read as follows:
Sec.i502.1515.iiOUTSOURCING PRODUCTION OF RENEWAL
NOTICES; PAID ADVERTISING.i The board [commission] may authorize the
department to enter into a contract with a private vendor to produce and distribute
motor vehicle registration renewal notices. The contract may provide for the
inclusion of paid advertising in the registration renewal notice packet.
SECTIONi2E.06.iiSection 502.352(c), Transportation Code, is amended to read as follows:
(c)iiA person may obtain a permit under this section by:
(1)iiapplying to the county assessor-collector, the department, or the department's wire service agent, if the department has a wire service agent;
(2)iipaying a fee of $25 for a 72-hour permit or $50 for a 144-hour permit:
4458 81st LEGISLATURE — REGULAR SESSION
(A)iiin cash;
(B)iiby postal money order;
(C)iiby certified check;
(D)iiby wire transfer through the department's wire service agent, if any;
(E)iiby an escrow account; or
(F)iiwhere the service is provided, by a credit card issued by:
(i)iia financial institution chartered by a state or the United States; or
(ii)iia nationally recognized credit organization approved by the
board [Texas Transportation Commission];
(3)iipaying a discount or service charge for a credit card payment or escrow account, in addition to the fee; and
(4)iifurnishing to the county assessor-collector, the department, or the department's wire service agent, evidence of financial responsibility for the vehicle that complies with Sections 502.153(c) and 601.168(a) and is written by an insurance company or surety company authorized to write motor vehicle liability insurance in this state.
SECTIONi2E.07.iiSection 502.355(h), Transportation Code, is amended to read as follows:
(h)iiA person operating a vehicle under a permit issued under this section commits an offense if the person:
(1)iitransports farm products to a place of market, storage, or processing or a railhead or seaport that is farther from the place of production or point of entry, as appropriate, than the distance provided for in the permit; or
(2)iifollows a route other than that prescribed by the board [Texas
Transportation Commission].
(8)iiBetween PARTS F and G, ARTICLE 2 (page 8, between lines 63 and 64), insert the following PART, appropriately lettered, and reletter and renumber subsequent PARTS and SECTIONS of that article accordingly:
PART ____. SPECIALTY LICENSE PLATES
SECTIONi2____.01.iiSection 504.001(a), Transportation Code, is amended to read as follows:
(a)iiIn this chapter:
(1)ii"Board" means the board of the Texas Department of Motor
Vehicles [, "commission" and "director" have the meanings assigned by Section
201.001].
(2)ii"Department" means the Texas Department of Motor Vehicles.
SECTIONi2____.02.iiSection 504.004, Transportation Code, is amended to read as follows:
Sec.i504.004.iiRULES AND FORMS. The board [commission] may adopt
rules and the department may issue forms to implement and administer this
chapter.
SECTIONi2__.03.iiSections 504.851(b), (c), and (d), Transportation Code, are amended to read as follows:
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4459
(b)iiInstead of the fees established by Section 504.101(c), the board
[commission] by rule shall establish fees for the issuance or renewal of
personalized license plates that are marketed and sold by the private vendor. Fees
must be reasonable and not less than the greater of:
(1)iithe amounts necessary to allow the department to recover all reasonable costs to the department associated with the evaluation of the competitive sealed proposals received by the department and with the implementation and enforcement of the contract, including direct, indirect, and administrative costs; or
(2)iithe amount established by Section 504.101(c).
(c)iiThe board [commission] by rule shall establish the fees for the issuance
or renewal of souvenir license plates, specialty license plates, or souvenir or
specialty license plates that are personalized that are marketed and sold by the
private vendor. Fees must be reasonable and not less than the amounts necessary
to allow the department to recover all reasonable costs to the department
associated with the evaluation of the competitive sealed proposals received by the
department and with the implementation and enforcement of the contract,
including direct, indirect, and administrative costs. A fee established under this
subsection is in addition to:
(1)iithe registration fee and any optional registration fee prescribed by this chapter for the vehicle for which specialty license plates are issued;
(2)iiany additional fee prescribed by this subchapter for the issuance of specialty license plates for that vehicle; and
(3)iiany additional fee prescribed by this subchapter for the issuance of personalized license plates for that vehicle.
(d)iiAt any time as necessary to comply with Subsection (b) or (c), the board
[commission] may increase or decrease the amount of a fee established under the
applicable subsection.
(9)iiBetween PARTS N and O, ARTICLE 2 (page 9, between lines 64 and 65), insert the following PARTS, appropriately lettered, and reletter and renumber subsequent PARTS and SECTIONS accordingly:
PART ____. PRIVILEGED PARKING
SECTIONi2____.01.iiSection 681.001(1), Transportation Code, is amended to read as follows:
(1)ii"Department" means the Texas Department of Motor Vehicles
[Transportation].
PART ____. ADMINISTRATIVE ADJUDICATION OF VEHICLE PARKING AND STOPPING OFFENSES
SECTIONi2____.01.iiSection 682.008, Transportation Code, is amended to read as follows:
Sec.i682.008.iiPRESUMPTIONS. In an administrative adjudication hearing under this chapter:
(1)iiit is presumed that the registered owner of the motor vehicle is the person who parked or stopped the vehicle at the time and place of the offense charged; and
4460 81st LEGISLATURE — REGULAR SESSION
(2)iithe Texas Department of Motor Vehicles' [Transportation's]
computer-generated record of the registered vehicle owner is prima facie
evidence of the contents of the record.
(10)iiAt the end of SECTION 7.01(b) of the bill (page 33, line 5), add "Neither the Texas Department of Motor Vehicles nor the Texas Department of Transportation may impose or collect a fee or charge in connection with the sharing of information under a joint memorandum of understanding entered into or revised under this section."
(11)iiIn SECTION 7.02(a) of the bill (page 33, lines 25 and 26), strike "as considered necessary or appropriate" and substitute "necessary".
(12)iiIn SECTION 8.01(b) of the bill (page 33, lines 54 and 55), strike "and the Transportation Legislative Oversight Committee" and substitute ", the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officers of the senate and house committees with jurisdiction over transportation".
Senate Amendment No. 2 (Senate Floor Amendment No. 2)
Amend CSHB 3097 (senate committee printing) by adding the following appropriately numbered ARTICLE to the bill and renumbering subsequent ARTICLES of the bill accordingly:
ARTICLE ____. MANUFACTURER OR DISTRIBUTOR OWNERSHIP, OPERATION, OR CONTROL OF DEALERSHIP
SECTIONi____.01.iiSection 2301.476, Occupations Code, is amended by adding Subsection (h-1) to read as follows:
(h-1)iiA person who on January 18, 2002, held both a converter's license to convert buses with a gross vehicle weight rating of 40,000 pounds or more and a franchised dealer's license to sell buses issued under this chapter may:
(1)iiregain and hold both licenses; and
(2)iioperate as both a converter and franchised dealer of bus conversions with a gross vehicle weight rating of 40,000 pounds or more but of no other type of vehicle.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Phillips requested permission for the Committee on Transportation to meet while the house is in session, at 1 p.m. today, in 3W.9, to consider SBi1508 and SB 1615.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Transportation, 1 p.m. today, 3W.9, for a formal meeting, to consider SBi1508 and SB 1615.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4461
SB 469 - POINT OF ORDER
Representative Madden raised a point of order against the one hour notice to take up SB 469 out of its regular order under Rule 14, Section 4 of the House Rules on the grounds that the chair misstated the bill number when he advised the house of the notice.
The chair sustained the point of order.
SB 14 - MOTION TO SUSPEND RULES
Pursuant to notice of intent given earlier today, Representative Martinez Fischer moved to suspend the regular order of business and all necessary rules to consider SB 14 at this time.
The motion to suspend the regular order of business and all necessary rules was lost by (Record 1079): 74 Yeas, 70 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Bolton; Burnam; Castro; Chavez; Cohen; Coleman; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; Eiland(C); England; Farabee; Farias; Farrar; Flores; Frost; Gallego; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Heflin; Hernandez; Herrero; Hochberg; Hodge; Homer; Hopson; Howard, D.; Kent; King, T.; Leibowitz; Lucio; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Merritt; Miklos; Moody; Naishtat; Oliveira; Olivo; Ortiz; Peña; Pickett; Pierson; Quintanilla; Raymond; Rios Ybarra; Rodriguez; Rose; Strama; Thibaut; Thompson; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle.
Nays — Anderson; Aycock; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Button; Chisum; Christian; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Driver; Eissler; Elkins; Fletcher; Flynn; Gattis; Geren; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Hilderbran; Howard, C.; Hughes; Hunter; Isett; Jackson; Jones; Keffer; King, P.; King, S.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Lewis; Madden; McCall; Miller, D.; Miller, S.; Morrison; Orr; Otto; Parker; Patrick; Paxton; Phillips; Pitts; Sheffield; Shelton; Smith, T.; Smith, W.; Smithee; Solomons; Swinford; Taylor; Truitt; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker.
Absent, Excused — Corte; Kuempel; Riddle.
Absent — Callegari; Ritter.
LOCAL, CONSENT, AND RESOLUTIONS CALENDAR
SECOND READING
The following bills were laid before the house, read second time, and passed to third reading, and the following resolutions were laid before the house on committee report and adopted (members registering votes are shown following the caption):
SB 752 was deferred until the end of today's local, consent, and resolutions calendar.
4462 81st LEGISLATURE — REGULAR SESSION
SB 755 (Villarreal - House Sponsor), A bill to be entitled An Act relating to the requirements for a funeral establishment license.
CSSB 759 (Eissler - House Sponsor), A bill to be entitled An Act relating to certain standards for group-administered achievement tests used by school districts.
SB 768 (Homer - House Sponsor), A bill to be entitled An Act relating to exemptions from the Texas Structural Pest Control Act; providing penalties.
Amendment No. 1
Representatives Homer and Bonnen offered the following amendment to SBi768:
Amend SB 768 (house committee report) as follows:
(1)iiIn the recital to SECTION 1 of the bill (page 1, line 6), strike "Sections 1951.058, 1951.059, and 1951.060" and substitute "Sections 1951.058 and 1951.059".
(2)iiIn SECTION 1 of the bill, strike added Section 1951.059, Occupations Code (page 1, line 23, through page 2, line 9).
(3)iiIn SECTION 1 of the bill, in added Section 1951.060, Occupations Code (page 2, line 10), strike "Sec. 1951.060" and substitute "Sec. 1951.059".
(4)iiIn SECTION 1 of the bill, in added Section 1951.060(a), Occupations Code (page 2, line 12), between "chapter" and "if", insert ", other than a requirement under Section 1951.212,".
Amendment No. 1 was adopted.
SB 794 (Hilderbran - House Sponsor), A bill to be entitled An Act relating to the composition of the board of directors of the Central Colorado River Authority.
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).
SB 808 (Gallego - House Sponsor), A bill to be entitled An Act relating to allowing certain claimants to file an application under the Crime Victims' Compensation Act.
SB 812 (Zerwas - House Sponsor), A bill to be entitled An Act relating to reimbursement of expenses incurred by court reporters for the 506th Judicial District.
SB 835 (Ortiz and Herrero - House Sponsors), A bill to be entitled An Act relating to powers of the Port of Corpus Christi Authority of Nueces County, Texas, pertaining to land in and adjacent to Naval Station Ingleside.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4463
SB 835 - REMARKS
REPRESENTATIVE HERRERO: Representative Ortiz, I want to thank you again for bringing this bill before the body. You mentioned that what you're trying to do—what we're trying to do—for Nueces County and San Patricio County specifically, as requested by the Port of Corpus Christi, is to do something that has already been done by other port authorities. Is that correct?
REPRESENTATIVE ORTIZ: That's correct.
HERRERO: Or specifically, what has been done in response to the Base Realignment and Closure action by the federal government.
ORTIZ: Correct.
HERRERO: So, part of what we're trying to do is to ensure that the loss of jobs that is taking place because of, in this case, Naval Station Ingleside closure, is try to redevelop those lands and properties in a way that allows for continued economic prosperity. Is that correct?
ORTIZ: That's absolutely correct. We want to do everything we can to minimize the economic impact and, obviously, the job loss. If you look at the timing of when this BRAC process started, and the date that was selected for the base to finally shut down, and you add that to the downed economy we have now, it obviously is a blow in itself to lose those amounts of jobs, Representative Herrero. Now—compiled with the state of the economy, as it is now—it's an even greater blow to our region. That's exactly why we're needing this legislation to be passed.
HERRERO: Right, so in combination with the economic circumstances of the federal government, as well as the local impact felt by the base realignment and closure, it's real important for that part of our community to sustain itself through creation of jobs, economic development, industry, commerce, manufacturing, housing, recreation, and even in the installation of additional infrastructure. Is that your understanding in the purpose of this bill?
ORTIZ: That's absolutely correct.
HERRERO: In order to do so, the entity, in this case the Port of Corpus Christi Authority of Nueces County, would be that entity to have the authority to carry out those tasks. Is that your understanding, as well?
ORTIZ: Yes, that's absolutely correct. The Port of Corpus Christi has the reversionary rights to this property, which is close to a thousand acres, about 500-plus that's already developed with literally, I believe, the last building was constructed and finalized in 2005. So, you're going to see about 575 acres, many of that with buildings—which pretty much looks like any college campus or any development area—which now will be reverting back to the Port of Corpus Christi with an additional 433, I believe, acres that are currently undeveloped land that are ready for development.
HERRERO: Right, and that's considered to be the surplus property, correct?
ORTIZ: Correct—that's the surplus property.
4464 81st LEGISLATURE — REGULAR SESSION
HERRERO: So, in addition to the property where Naval Station Ingleside was located, you also have this surplus property then that reverts, based on a reversionary provision, that the Port of Corpus Christi had with the Navy. Is that correct?
ORTIZ: That's correct.
HERRERO: In order to ensure that we—as the community prospers—the Port of Corpus Christi will now, to this provision, be able to exercise additional authority to carry out economic development.
ORTIZ: That's correct.
HERRERO: Specifically, you mentioned Texas A&M University—a great university from which both you and I are graduates.
ORTIZ: Can I get a whoop, Abel?
HERRERO: Can I get a whoop whoop? Sorry about that—I think I woke up some people. Seriously, there's been word already that both you and I, and others in the community, are aware that the Port of Corpus Christi has partnered up with Texas A&M University in an effort to further develop these lands that we're talking about. Is that correct?
ORTIZ: That's correct. It's a win-win situation, not only for the port, but for the A&M System. The A&M System will be tasked with redevelopment. I've talked to several individuals within the system—they already have the potential attendants for that property, many of them dealing with various big defense-type contractors or general energy-related contractors. So, there's a lot of exciting stuff that's already planned for the development of this base. Not only that, the port itself will be paying the A&M System about $350,000 a year to help with the development of this. So, this is a win-win situation, not just for the A&M System, but for the Port of Corpus Christi. I think this might even be new territory that we're going into, and I think it's not only a benefit for our region, obviously, but a benefit for the A&M System—which is already world renowned—as well as a benefit for the state.
HERRERO: That's a great partnership for all of us, not just for our constituents locally in our respective districts, but as well as for the State of Texas—as far as ensuring that there's economic progress.
ORTIZ: It is a wonderful partnership, and I'd like to thank your leadership as well as the leadership of the entire local delegation, and the port commissioners, local city council, city of Ingleside, San Patricio County, Nueces County—the collective group of individuals that have made it possible for this process to move forward.
HERRERO: Right, and I'm glad that Senator Hinojosa was also involved with this. Thank you for being the sponsor on this legislation. I commend you also for your leadership, because it is important that we work collectively as a delegation to ensure the economic development of our respective communities, and it's important that, collectively, we continue to move forward. I think that
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4465
ORTIZ: It's been a pleasure to work with you, Representative Herrero, and Representative Hunter. Hopefully this is going to be a project that moves not only the Corpus Christi area, but the Coastal Bend area, forward light years.
HERRERO: Right, and I see Representative Hunter there, obviously in support. So, all of us as a delegation understand—I know that this is important. I want to thank you and Senator Hinojosa for bringing this legislation before us. I want to let you know that we all are in full support.
SB 870 was withdrawn.
REMARKS ORDERED PRINTED
Representative Herrero moved to print remarks between Representative Ortiz and Representative Herrero.
The motion prevailed.
SB 873 (Otto and Bohac - House Sponsors), A bill to be entitled An Act relating to a requirement that certain appraisal districts provide for electronic filing of and electronic communications regarding a protest of appraised value by the owner of a residence homestead.
COMMITTEE GRANTED PERMISSION TO MEET
Representative Hunter requested permission for the Committee on Judiciary and Civil Jurisprudence to meet while the house is in session, at 2:45 p.m. today, in 3W.9, to consider pending business.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Judiciary and Civil Jurisprudence, 2:45 p.m. today, 3W.9, for a formal meeting, to consider pending business.
SB 876 (Dunnam - House Sponsor), A bill to be entitled An Act relating to the performance of annual soil tests for certain concentrated animal feeding operations by the Texas Commission on Environmental Quality.
SB 876 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE S. MILLER: I'd like to ask you a few questions regarding the intent of the bill, Jim. Is it intended that the TCEQ will conduct an appropriate process, determine the method and procedures that we use to carry out the soil sampling, and the use of the results?
REPRESENTATIVE DUNNAM: Yes, and we're trying to get some uniformity so that we don't have different people testing different areas with different criteria. We want to make sure that we're looking at apples, to apples, to apples.
4466 81st LEGISLATURE — REGULAR SESSION
S. MILLER: The regulated entities, the dairy operators and their consultants, they will be included as part of the TCEQ process to determine this policy?
DUNNAM: That's my understanding, that they'll be allowed to give input to TCEQ in coming up with the process.
S. MILLER: Is it the intent of this legislation that the TCEQ provide a procedural mechanism for resolving disputed sample results, including the right to re-sample?
DUNNAM: That is my understanding. This is Senator Averitt's bill, and I've been told that is their intent.
S. MILLER: Is it also the intent of the legislation for TCEQ to develop a policy on how the results of sampling will be utilized by the agency?
DUNNAM: Yes.
S. MILLER: Finally, one more question, is it the intent of this legislation that the TCEQ be required to adjust or revise their policy over time, as the soil sampling program is carried out?
DUNNAM: Yes. Obviously, when they're making the testing, it's foreseeable that they have new science, or we determine that some way they've been doing the testing is not appropriate, or needs to be updated, or modified. So, we would want to get them the authority to do so, so that we're getting accurate information on the levels, primarily, of phosphorus in the watershed.
REMARKS ORDERED PRINTED
Representative S. Miller moved to print remarks between Representative Dunnam and Representative S. Miller.
The motion prevailed.
SB 892 (Shelton - House Sponsor), A bill to be entitled An Act relating to inclusion in a public school campus improvement plan of goals and objectives for the campus coordinated health program.
(Frost in the chair)
SB 904 (McReynolds - House Sponsor), A bill to be entitled An Act relating to prescriptions issued for certain controlled substances.
Amendment No. 1
Representative Hopson offered the following amendment to SBi904:
Amend SB 904 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION 5. Subchapter B, Chapter 481, Health and Safety Code, is amended by adding Section 481.037 to read as follows:
Sec. 481.037. CARISOPRODOL. Schedule IV includes carisoprodol.
Amendment No. 1 was adopted.
SB 909 (Crownover - House Sponsor), A bill to be entitled An Act relating to designating the first week of October as Monarch Butterfly Week.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4467
SB 911 (Hamilton - House Sponsor), A bill to be entitled An Act relating to the certification and regulation of pain management clinics.
Amendment No. 1
Representative Hamilton offered the following amendment to SBi911:
Amend SB 911 (house committee printing) in SECTION 1 of the bill as follows:
(1)iiAt the end of proposed Section 167.002(6), Occupations Code (page 2, line 1), strike "or".
(2)iiAt the end of proposed Section 167.002(7), Occupations Code (page 2, line 5), strike "patients." and substitute "patients; or".
(3)iiImmediately following proposed Section 167.002(7), Occupations Code (page 2, between lines 5 and 6), insert the following:
(8)iia clinic owned or operated by an advanced practice nurse licensed in this state who treats patients in the nurse's area of specialty and uses other forms of treatment with the issuance of a prescription for a majority of the patients.
Amendment No. 1 was adopted.
SB 926 was deferred until the end of today's local, consent, and resolutions calendar.
SB 971 was withdrawn.
SB 1033 (Sheffield - House Sponsor), A bill to be entitled An Act relating to the purposes and powers of the Temple Health and Bioscience Economic Development District.
SB 926 - RULES SUSPENDED
Representative Fletcher moved to suspend all necessary rules to take up SBi926 at this time.
The motion prevailed.
SB 926 (Fletcher - House Sponsor), A bill to be entitled An Act relating to the imposition of a civil penalty against the owner of an authorized emergency vehicle for a violation recorded by a photographic traffic signal enforcement system.
CSSB 1034 (S. King - House Sponsor), A bill to be entitled An Act relating to allowing the governing bodies of certain municipalities to order a local option election relating to the sale of alcoholic beverages. (Christian and Phillips recorded voting no.)
SB 1053 (Naishtat - House Sponsor), A bill to be entitled An Act relating to the appointment or removal of guardians of incapacitated persons.
(Riddle now present)
4468 81st LEGISLATURE — REGULAR SESSION
SB 1056 (Naishtat - House Sponsor), A bill to be entitled An Act relating to authorizing a criminal justice agency to disclose certain criminal history record information to the Guardianship Certification Board and offices of the county clerk.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
Smithee on motion of Farabee.
SB 1057 (Naishtat - House Sponsor), A bill to be entitled An Act relating to criminal history record information relating to persons who are certified to provide guardianship services.
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. 37).
SB 1058 (Coleman - House Sponsor), A bill to be entitled An Act relating to reporting requirements for health occupation regulatory agencies.
SB 1080 (Hancock and Burnam - House Sponsors), A bill to be entitled An Act relating to compliance with federal occupational safety and health standards in environmental enforcement.
(Speaker pro tempore in the chair)
SB 1081 (Branch - House Sponsor), A bill to be entitled An Act relating to access to criminal history record information by the office of the attorney general.
SB 1082 (Laubenberg - House Sponsor), A bill to be entitled An Act relating to the storage, maintenance, and distribution of mammography medical records.
LEAVE OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of important business in the district:
Jones on motion of Hardcastle.
SB 1093 (Pickett - House Sponsor), A bill to be entitled An Act relating to the operation of a commercial motor vehicle.
Amendment No. 1
Representative Farabee offered the following amendment to SBi1093:
Amend SB 1093 (House committee printing) by adding the following SECTION to the bill, appropriately numbered, and renumbering subsequent SECTIONS accordingly:
SECTIONi____.iiSection 545.301(b), Transportation Code, is amended to read as follows:
(b)iiThis section does not apply to an operator of:
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4469
(1)iia vehicle that is disabled while on the paved or main traveled part of a highway if it is impossible to avoid stopping and temporarily leaving the vehicle on the highway; or
(2)iia vehicle used exclusively to transport solid, semisolid, or liquid waste operated at the time in connection with the removal or transportation of solid, semisolid, or liquid waste from a location adjacent to the highway.
Amendment No. 1 was adopted.
CSSB 1095 (Thompson - House Sponsor), A bill to be entitled An Act relating to the licensing and regulation of used automotive parts recyclers; providing penalties. (Christian, Flynn, Phillips, and Weber recorded voting no.)
SB 1142 (Anchia - House Sponsor), A bill to be entitled An Act relating to the authority with whom campaign finance reports must be filed in connection with a judicial district office filled by the voters of only one county.
SB 1207 (Swinford - House Sponsor), A bill to be entitled An Act relating to the use of municipal hotel occupancy tax revenue to finance a convention center hotel in certain municipalities.
SB 1208 (Smithee - House Sponsor), A bill to be entitled An Act relating to the creation of an appellate judicial system for the Seventh Court of Appeals District.
SB 1218 (Pitts - House Sponsor), A bill to be entitled An Act relating to the collection of data by the Texas Department of Transportation regarding bridge collapses.
SB 1223 (Frost - House Sponsor), A bill to be entitled An Act relating to the creation, administration, powers, duties, and operation of the Riverbend Water Resources District; providing authority to issue bonds and exercise the power of eminent domain.
SB 1235 (Veasey - House Sponsor), A bill to be entitled An Act relating to the sale and use of unregistered vehicles, including the issuance and use of temporary tags on vehicles and the collection of sales taxes. (Flynn and Weber recorded voting no.)
Amendment No. 1
Representative Veasey offered the following amendment to SBi1235:
Amend SB 1235 (House Committee printing) by striking SECTIONS 16 and 17 of the bill and renumber subsequent SECTIONS accordingly.
Amendment No. 1 was adopted.
SB 1264 was withdrawn.
HOUSE AT EASE
At 5:13 p.m., the chair announced that the house would stand at ease.
The chair called the house to order at 6:24 p.m.
4470 81st LEGISLATURE — REGULAR SESSION
COMMITTEE GRANTED PERMISSION TO MEET
Representative McCall requested permission for the Committee on Calendars to meet while the house is in session, at 7 p.m. today, in 3W.9, for a formal meeting, to consider the calendar.
Permission to meet was granted.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Calendars, 7 p.m. today, 3W.9, for a formal meeting, to consider the calendar.
CSSB 1290 (Farias - House Sponsor), A bill to be entitled An Act relating to authorization for school districts to provide mentors for teachers assigned to a new subject or grade level.
SB 1299 was deferred until the end of today's local, consent, and resolutions calendar.
SB 1325 (Corte - House Sponsor), A bill to be entitled An Act relating to the creation of a mental health intervention program for military veterans. (Flynn and Weber recorded voting no.)
SB 1328 (Naishtat - House Sponsor), A bill to be entitled An Act relating to a study on the feasibility of providing vaccines to first responders deployed to a disaster area.
SB 1332 (Rose and Naishtat - House Sponsors), A bill to be entitled An Act relating to the placement of certain children who are in the managing conservatorship of the state.
SB 1332 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE CASTRO: Thank you, Mr. Rose. I was listening to your description of the bill, and I wanted to get a sense for how this comports with our family-first policy over at the department.
REPRESENTATIVE ROSE: Well—you can see in the bill—it only is active or a requirement. First of all, it's not a requirement, it's a "shall consider" not "shall place"—but only if the department determines placement of the child with a relative or designated caregiver is not in the child's best interest. So, this fits hand-in-glove with our family-first directive—that'd be immediate family, extended family, and then non-blood friends, of course, the first priority. So, only if that designated caregiver—who's a relative—is not in the child's best interest, would this replacement be considered. Only then—and that's subsection one—only then, subsection two, if that placement with this foster family is in the child's best interest.
CASTRO: So your bill—let me get it straight—your bill only applies if a child has been under the conservatorship of the state once, went back to their families—
ROSE: That's right.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4471
CASTRO: —and is coming back into the state's conservatorship a second time or more, right?
ROSE: Correct—second or subsequent return to foster care.
CASTRO: Okay, at that point—let's say it's on the second occasion where they're under the state's conservatorship, and the state is looking to place them temporarily somewhere—at that point, what preference does your bill make between a foster parent and a blood relative? Because, the way I heard it described, it seemed to prefer the stranger foster parent.
ROSE: No—certainly not. The way I was describing it was only if blood relative—placement there—is not in the best interest, shall the department then consider the prior foster parent. That's important, because we've got to have a family-first policy. The importance and, I think, the wisdom of Representative Dukes' bill–and also Representative Turner and others worked on this issue here this session—and I hope we get to the bill to put foster care payments behind the kinship care placements. That's important, because a lot of kin, who would like to care for their family extended—whether that be a niece or granddaughter, whoever it is, however that relation occurs—it's important for them to get the reimbursement. In fact, I think it would save us a lot of money, because you could end up keeping families together and making more productive relationships that are longer term and placements that are permanent.
REMARKS ORDERED PRINTED
Representative Castro moved to print remarks between Representative Rose and Representative Castro.
The motion prevailed.
SB 1344 (Eissler - House Sponsor), A bill to be entitled An Act relating to an alcohol awareness component of the health curriculum used in public schools.
SB 1354 (Hamilton - House Sponsor), A bill to be entitled An Act relating to the licensing and regulation of plumbers.
SB 1359 (Rose - House Sponsor), A bill to be entitled An Act relating to forfeiture of remedy for nonpayment of ad valorem taxes.
SB 1367 (Pickett - House Sponsor), A bill to be entitled An Act relating to parking placard or specialty license plate applications by persons with a mobility problem caused by an impairment of vision.
CSSB 1368 (Marquez - House Sponsor), A bill to be entitled An Act relating to the creation of a county ethics commission in certain counties; providing civil and criminal penalties. (Flynn recorded voting no.)
Amendment No. 1
Representative Marquez offered the following amendment to CSSBi1368:
4472 81st LEGISLATURE — REGULAR SESSION
Amend CSSB 1368 (house committee report) as follows:
(1)iiIn SECTION 1 of the bill, in added Section 161.104(c), Local Government Code (page 12, lines 8 and 9), strike "Other than the initial appointees and public representatives, a" and substitute "A".
(2)iiIn SECTION 1 of the bill, strike added Section 161.106, Local Government Code (page 13, lines 4-12), and substitute the following:
Sec.i161.106.iiCERTAIN DISCUSSIONS OF PENDING COMPLAINTS PROHIBITED. Until a sworn complaint alleging a violation of the ethics code is resolved, a member of the commission may not discuss the complaint with a member of the commissioners court.
Amendment No. 1 was adopted.
(Deshotel in the chair)
SB 1377 (Edwards - House Sponsor), A bill to be entitled An Act relating to the administration of the compensation to victims of crime fund and the compensation to victims of crime auxiliary fund.
(Speaker pro tempore in the chair)
CSSB 1402 (Peña - House Sponsor), A bill to be entitled An Act relating to requiring certain political subdivisions to enter a contract with the county elections administrator to perform election services.
(Speaker in the chair)
SB 482 - ADOPTION OF CONFERENCE COMMITTEE REPORT
Representative Chisum submitted the conference committee report on SBi482.
Representative Chisum moved to adopt the conference committee report on SBi482.
The motion to adopt the conference committee report on SBi482 prevailed by (Record 1080): 141 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4473
Present, not voting — Mr. Speaker(C).
Absent, Excused — Corte; Jones; Kuempel; Smithee.
Absent — Davis, J.; Eiland; Hancock; Weber.
HB 2591 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Thompson called up with senate amendments for consideration at this time,
HB 2591, A bill to be entitled An Act relating to the regulation of property tax consultants.
Representative Thompson 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 2591.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 2591: Thompson, chair; Hamilton, Jones, Menendez, and Gutierrez.
HB 19 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Leibowitz called up with senate amendments for consideration at this time,
HB 19, A bill to be entitled An Act relating to requirements for drugs dispensed by pharmacists.
Representative Leibowitz moved to concur in the senate amendments to HBi19.
The motion to concur in the senate amendments to HB 19 prevailed by (Record 1081): 143 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado;
4474 81st LEGISLATURE — REGULAR SESSION
Nays — Aycock.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Corte; Jones; Kuempel; Smithee.
Absent — Laubenberg.
Senate Committee Substitute
CSHB 19, A bill to be entitled An Act relating to requirements for drugs dispensed by pharmacists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 562.006, Occupations Code, is amended by adding Subsections (a-1), (a-2), and (a-3) to read as follows:
(a-1)iiIn addition to the information required by Subsection (a), the label on the dispensing container of a drug dispensed by a Class A or Class E pharmacy must indicate:
(1)iithe name, address, and telephone number of the pharmacy;
(2)iithe date the prescription is dispensed;
(3)iithe name of the prescribing practitioner;
(4)iithe name of the patient or, if the drug was prescribed for an animal, the species of the animal and the name of the owner;
(5)iiinstructions for use;
(6)iithe quantity dispensed;
(7)iiif the drug is dispensed in a container other than the manufacturer's original container, the date after which the prescription should not be used, determined according to criteria established by board rule based on standards in the United States Pharmacopeia-National Formulary; and
(8)iiany other information required by board rule.
(a-2)iiThe information required by Subsection (a-1)(7) may be recorded on any label affixed to the dispensing container.
(a-3)iiSubsection (a-1) does not apply to a prescription dispensed to a person at the time of release from prison or jail if the prescription is for not more than a 10-day supply of medication.
SECTIONi2.iiSubchapter A, Chapter 562, Occupations Code, is amended by adding Section 562.0062 to read as follows:
Sec.i562.0062.iiREQUIRED STATEMENT REGARDING MEDICATION DISPOSAL. The board by rule shall require pharmacists, when dispensing certain drugs, to include on the dispensing container label or in the information required by Section 562.0061 the statement "Do not flush unused medications or pour down a sink or drain."
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4475
SECTIONi3.iiNot later than January 1, 2010, the Texas State Board of Pharmacy shall adopt any rules necessary to implement Section 562.006(a-1), Occupations Code, as added by this Act.
SECTIONi4.iiNot later than June 1, 2010, the Texas State Board of Pharmacy shall adopt rules under Section 562.0062, Occupations Code, as added by this Act.
SECTIONi5.iiSections 562.006(a-1) and 562.0062, Occupations Code, as added by this Act, apply only to a drug dispensed on or after July 1, 2010.
SECTIONi6.iiThis Act takes effect September 1, 2009.
SB 956 - REQUEST OF SENATE GRANTED
CONFERENCE COMMITTEE APPOINTED
On motion of Representative Branch, the house granted the request of the senate for the appointment of a Conference Committee on SB 956.
The chair announced the appointment of the following conference committee, on the part of the house, on SB 956: Branch, chair; Anchia, Giddings, McCall, and Crownover.
HB 348 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Peña called up with senate amendments for consideration at this time,
HB 348, A bill to be entitled An Act relating to the punishment for theft of certain aluminum, bronze, or copper materials.
Representative Peña moved to concur in the senate amendments to HBi348.
The motion to concur in the senate amendments to HB 348 prevailed by (Record 1082): 143 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
4476 81st LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker(C).
Absent, Excused — Corte; Jones; Kuempel; Smithee.
Absent — Gallego; Otto.
STATEMENT OF VOTE
When Record No. 1082 was taken, I was in the house but away from my desk. I would have voted yes.
Gallego
Senate Committee Substitute
CSHB 348, A bill to be entitled An Act relating to the punishment for theft of certain aluminum, bronze, or copper materials.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 31.03(e), Penal Code, is amended to read as follows:
(e)iiExcept as provided by Subsection (f), an offense under this section is:
(1)iia Class C misdemeanor if the value of the property stolen is less than:
(A)ii$50; or
(B)ii$20 and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06;
(2)iia Class B misdemeanor if:
(A)iithe value of the property stolen is:
(i)ii$50 or more but less than $500; or
(ii)ii$20 or more but less than $500 and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06; or
(B)iithe value of the property stolen is less than:
(i)ii$50 and the defendant has previously been convicted of any grade of theft; or
(ii)ii$20, the defendant has previously been convicted of any grade of theft, and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06;
(3)iia Class A misdemeanor if the value of the property stolen is $500 or more but less than $1,500;
(4)iia state jail felony if:
(A)iithe value of the property stolen is $1,500 or more but less than $20,000, or the property is less than 10 head of cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, or any part thereof under the value of $20,000, or less than 100 head of sheep, swine, or goats or any part thereof under the value of $20,000;
(B)iiregardless of value, the property is stolen from the person of another or from a human corpse or grave;
(C)iithe property stolen is a firearm, as defined by Section 46.01;
(D)iithe value of the property stolen is less than $1,500 and the defendant has been previously convicted two or more times of any grade of theft;
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4477
(E)iithe property stolen is an official ballot or official carrier envelope for an election; or
(F)iithe value of the property stolen is less than $20,000 and the property stolen is insulated or noninsulated tubing, rods, water gate stems, wire, or cable that consists of at least 50 percent:
(i)iialuminum;
(ii)iibronze; or
(iii)iicopper;
(5)iia felony of the third degree if the value of the property stolen is $20,000 or more but less than $100,000, or the property is:
(A)ii10 or more head of cattle, horses, or exotic livestock or exotic fowl as defined by Section 142.001, Agriculture Code, stolen during a single transaction and having an aggregate value of less than $100,000; or
(B)ii100 or more head of sheep, swine, or goats stolen during a single transaction and having an aggregate value of less than $100,000;
(6)iia felony of the second degree if the value of the property stolen is $100,000 or more but less than $200,000; or
(7)iia felony of the first degree if the value of the property stolen is $200,000 or more.
SECTIONi2.iiThe change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For the purposes of this section, an offense is committed before the effective date of this Act if any element of the offense occurs before that date.
SECTIONi3.iiThis Act takes effect September 1, 2009.
HB 449 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Jackson called up with senate amendments for consideration at this time,
HB 449, A bill to be entitled An Act relating to the regulation of laser hair removal facilities; providing penalties.
Representative Jackson moved to concur in the senate amendments to HBi449.
The motion to concur in the senate amendments to HB 449 prevailed by (Record 1083): 145 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero;
4478 81st LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker(C).
Absent, Excused — Corte; Jones; Kuempel; Smithee.
Senate Committee Substitute
CSHB 449, A bill to be entitled An Act relating to the regulation of laser hair removal facilities; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiChapter 401, Health and Safety Code, is amended by adding Subchapter M to read as follows:
SUBCHAPTER M. LASER HAIR REMOVAL
Sec.i401.501.iiDEFINITIONS. In this subchapter:
(1)ii"Department" means the Department of State Health Services.
(2)ii"Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(3)ii"Laser hair removal" means the use of a laser or pulsed light device for nonablative hair removal procedures.
(4)ii"Laser hair removal facility" means a business location that provides laser hair removal.
(5)ii"Laser or pulsed light device" means a device approved by the department and the United States Food and Drug Administration for laser hair removal.
(6)ii"Nonablative hair removal procedure" means a hair removal procedure using a laser or pulsed light device that does not remove the epidermis.
(7)ii"Operator" means the owner of a laser hair removal facility, an agent of an owner, or an independent contractor of a laser hair removal facility.
Sec.i401.502.iiEXAMINATION. The executive commissioner may adopt rules to govern the development and administration of an examination for an applicant under this subchapter.
Sec.i401.503.iiAPPLICATION PROCESS. (a) An application for a certificate or license under this subchapter must be made on a form prescribed and provided by the department.
(b)iiThe application must require an applicant to provide sworn statements relating to the applicant's education and to provide other information required by the department.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4479
Sec.i401.504.iiCERTIFICATE FOR INDIVIDUALS REQUIRED. (a) A person may not perform or attempt to perform laser hair removal unless the person holds the appropriate certificate under this subchapter.
(b)iiA certificate issued under this subchapter only authorizes a person to perform nonablative cosmetic laser hair removal. The certificate does not authorize the person to diagnose, treat, or offer to treat any client for any illness, disease, injury, defect, or deformity of the human body. The certificate holder shall specifically disclose this limitation in writing to all clients and prospective clients.
(c)iiThis subchapter does not require a health professional licensed under another law to hold a certificate under this subchapter to perform laser hair removal if the performance of laser hair removal is within the scope of that professional's practice as determined by the professional's licensing board.
(d)iiThis subchapter does not apply to a physician or to a physician's employee or delegate acting under Chapter 157, Occupations Code.
Sec.i401.505.iiCERTIFIED LASER HAIR REMOVAL PROFESSIONAL. (a) An applicant for a laser hair removal professional certificate must:
(1)iibe certified by a recognized certifying agency, including the Society for Clinical and Medical Hair Removal or another certification entity approved by the department;
(2)iimeet the requirements for a senior laser hair removal technician certificate under Section 401.506; and
(3)iipass an examination administered by the department.
(b)iiA certified laser hair removal professional acting under the protocol established with a consulting physician may perform laser hair removal without supervision.
Sec.i401.506.iiSENIOR LASER HAIR REMOVAL TECHNICIAN. (a) Except as provided by Subsection (b), an applicant for a senior laser hair removal technician certificate must:
(1)iimeet the requirements for a laser hair removal technician certificate under Section 401.507; and
(2)iihave supervised at least 100 laser hair removal procedures, as audited by a certified laser hair removal professional.
(b)iiThe qualifications for eligibility for an applicant for a senior laser hair removal technician certificate who is a licensed health professional shall be established by the entity that issues licenses for that health profession.
Sec.i401.507.iiLASER HAIR REMOVAL TECHNICIAN. An applicant for a laser hair removal technician certificate must:
(1)iimeet the requirements for a laser hair removal apprentice-in-training certificate under Section 401.508; and
(2)iihave performed at least 100 laser hair removal procedures under the direct supervision of a senior laser hair removal technician or a certified laser hair removal professional.
4480 81st LEGISLATURE — REGULAR SESSION
Sec.i401.508.iiLASER HAIR REMOVAL APPRENTICE-IN-TRAINING. (a) An applicant for a laser hair removal apprentice-in-training certificate must have at least 24 hours of training in safety, laser physics, skin typing, skin reactions, treatment protocols, burns, eye protection, emergencies, and posttreatment protocols.
(b)iiA laser hair removal apprentice-in-training must work directly under the supervision of a senior laser hair removal technician or a certified laser hair removal professional.
(c)iiA person must be at least 18 years of age to qualify to be a laser hair removal apprentice-in-training.
Sec.i401.509.iiCONTINUING EDUCATION. The department shall recognize, prepare, or administer continuing education programs for certificate holders. A certificate holder must participate in the programs to the extent required by department rule to renew the person's certificate.
Sec.i401.510.iiFACILITY LICENSE REQUIRED. (a) A person may not operate a laser hair removal facility unless the person holds a license issued under this subchapter to operate the facility.
(b)iiA separate license is required for each laser hair removal facility.
(c)iiThis section does not apply to:
(1)iia facility owned or operated by a physician for the practice of medicine;
(2)iia licensed hospital; or
(3)iia clinic owned or operated by a licensed hospital.
Sec.i401.511.iiEXPIRATION OF CERTIFICATE OR LICENSE. The executive commissioner by rule may adopt a system under which certificates and licenses expire on various dates during the year.
Sec.i401.512.iiRENEWAL OF CERTIFICATE OR LICENSE. (a) A certificate or license expires on the second anniversary of the date of issuance.
(b)iiA person must renew the person's certificate or license on or before the expiration date.
(c)iiThe department shall issue a renewal certificate or license on receipt of a renewal application in the form prescribed by the department, accompanied by a renewal fee in an amount equal to the original certificate or license fee.
Sec.i401.513.iiDISPLAY OF LICENSE OR CERTIFICATE. A person holding a license or certificate under this subchapter shall display the person's license or certificate in an open public area of the laser hair removal facility.
Sec.i401.514.iiLASER OR PULSED LIGHT DEVICE. (a) A laser or pulsed light device used for laser hair removal in a laser hair removal facility must comply with all applicable federal and state laws and regulations.
(b)iiA person who adulterates or misbrands a laser or pulsed light device violates Chapter 431. The department may investigate a person accused of adulterating or misbranding a laser or pulsed light device.
(c)iiA person may only use a laser or pulsed light device approved for laser hair removal by the federal Food and Drug Administration for that purpose and may only use the device at the settings expected to safely remove hair.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4481
Sec.i401.515.iiCUSTOMER NOTICE; LIABILITY. (a) A laser hair removal facility shall give each customer a written statement outlining the relevant risks associated with laser hair removal, including a warning that failure to use the eye protection provided to the customer by the laser hair removal facility may result in damage to the eyes.
(b)iiThe executive commissioner shall adopt rules relating to the customer notice.
(c)iiCompliance with the notice requirement does not affect the liability of the laser hair removal facility operator or a manufacturer of a laser or pulsed light device.
Sec.i401.516.iiWARNING SIGNS. (a) A laser hair removal facility shall post a warning sign as prescribed by the department in a conspicuous location readily visible to a person entering the facility. The sign must provide a toll-free telephone number for the department and inform the customer that the customer may call the department.
(b)iiThe executive commissioner shall adopt rules specifying the size, content, and design of the sign, with wording listing the potential dangers involved.
(c)iiThe department shall include with a license application and an application for renewal of a license a description of the design standards required for a sign under this section.
Sec.i401.517.iiOPERATIONAL REQUIREMENTS. (a) Except as provided by Subsection (b), a laser hair removal facility shall have a certified laser hair removal professional or a licensed health professional described by Section 401.504(c) present to supervise the laser hair removal procedures performed at the facility during the facility's operating hours.
(b)iiA laser hair removal facility may continue to perform laser hair removal procedures after the facility's certified laser hair removal professional leaves the facility if a senior laser hair removal technician is present to perform or supervise each procedure. Not later than the 45th day after the date the facility's certified laser hair removal professional leaves the facility:
(1)iithe facility's senior laser hair removal technician must become certified as a laser hair removal professional under Section 401.505; or
(2)iithe facility must hire a new certified laser hair removal professional.
Sec.i401.518.iiSAFETY. (a) A laser hair removal facility operator is responsible for maintaining the laser hair removal facility's compliance with the requirements of this subchapter and department rules relating to laser and pulsed light devices.
(b)iiA laser hair removal facility operator may not claim, advertise, or distribute promotional materials that claim that laser hair removal is free from risk or provides any medical benefit.
(c)iiA laser hair removal facility operator may not produce false or misleading advertising regarding the services offered at the facility.
Sec.i401.519.iiCONSULTING PHYSICIAN. (a) A laser hair removal facility must have a written contract with a consulting physician to:
4482 81st LEGISLATURE — REGULAR SESSION
(1)iiestablish proper protocols for the services provided at the facility; and
(2)iiaudit the laser hair removal facility's protocols and operations.
(b)iiUnder the rules of the department, a laser hair removal facility must document with the department the facility's contractual relationship with the consulting physician.
(c)iiThe consulting physician must be available for emergency consultation with the facility as appropriate to the circumstances, including, if the physician considers it necessary, an emergency appointment with the client. If the consulting physician is unavailable for an emergency consultation, another designated physician must be available for the consultation with the facility relating to care for the client.
(d)iiThis subchapter does not relieve a consulting physician or another health care professional from complying with applicable regulations prescribed by a state or federal agency.
Sec.i401.520.iiDISCLOSURE OF RECORD PROHIBITED; EXCEPTION. (a) Except as provided by Subsection (b), an operator or other person may not disclose a customer record required to be kept by the department.
(b)iiAn operator or other person may disclose a customer record if:
(1)iithe customer or a person authorized to act on behalf of the customer requests the record;
(2)iithe department, the Texas Medical Board, a health authority, or an authorized agent requests the record;
(3)iithe customer consents in writing to disclosure of the record to another person;
(4)iithe customer is a victim, witness, or defendant in a criminal proceeding and the record is relevant to that proceeding;
(5)iithe record is requested in a criminal or civil proceeding by court order or subpoena; or
(6)iidisclosure is otherwise required by law.
Sec.i401.521.iiPROHIBITED PRACTICE. (a) A person may not operate a laser or pulsed light device with the intent to treat an illness, disease, injury, or physical defect or deformity unless the person is:
(1)iia physician;
(2)iiacting under a physician's order; or
(3)iiauthorized under other law to treat the illness, disease, injury, or physical defect or deformity in that manner.
(b)iiA person who violates Subsection (a) is practicing medicine in violation of Subtitle B, Title 3, Occupations Code, and is subject to the penalties under that subtitle and under Section 401.522.
Sec.i401.522.iiENFORCEMENT; PENALTIES. (a) The department may impose an administrative penalty on a person who violates this subchapter or a rule adopted under this subchapter. The amount of the penalty may not exceed $5,000 for each violation.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4483
(b)iiThe department may suspend or revoke a license or certificate issued under this subchapter in addition to or instead of imposing a penalty under Subsection (a).
(c)iiThe executive commissioner shall adopt rules as necessary to implement this section.
SECTIONi2.iiSection 483.041(c), Health and Safety Code, is amended to read as follows:
(c)iiSubsection (a) does not apply to the possession of a dangerous drug in the usual course of business or practice or in the performance of official duties by the following persons or an agent or employee of the person:
(1)iia pharmacy licensed by the board;
(2)iia practitioner;
(3)iia person who obtains a dangerous drug for lawful research, teaching, or testing, but not for resale;
(4)iia hospital that obtains a dangerous drug for lawful administration by a practitioner;
(5)iian officer or employee of the federal, state, or local government;
(6)iia manufacturer or wholesaler licensed by the Department of State Health Services under Chapter 431 (Texas Food, Drug, and Cosmetic Act);
(7)iia carrier or warehouseman;
(8)iia home and community support services agency licensed under and acting in accordance with Chapter 142;
(9)iia licensed midwife who obtains oxygen for administration to a
mother or newborn or who obtains a dangerous drug for the administration of
prophylaxis to a newborn for the prevention of ophthalmia neonatorum in
accordance with Section 203.353, Occupations Code; [or]
(10)iia salvage broker or salvage operator licensed under Chapter 432; or
(11)iia certified laser hair removal professional under Subchapter M, Chapter 401, who possesses and uses a laser or pulsed light device approved by and registered with the department and in compliance with department rules for the sole purpose of cosmetic nonablative hair removal.
SECTIONi3.ii(a) Not later than September 1, 2010, a laser hair removal facility in operation on the effective date of this Act must obtain licenses and certificates required by Subchapter M, Chapter 401, Health and Safety Code, as added by this Act.
(b)iiNot later than March 1, 2010, the executive commissioner of the Health and Human Services Commission shall adopt rules as required by Subchapter M, Chapter 401, Health and Safety Code, as added by this Act.
SECTIONi4.ii(a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2009.
(b)iiSections 401.504, 401.510, 401.517, 401.521, and 401.522, Health and Safety Code, as added by this Act, and Section 483.041(c), Health and Safety Code, as amended by this Act, take effect September 1, 2010.
4484 81st LEGISLATURE — REGULAR SESSION
HB 1761 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Thompson called up with senate amendments for consideration at this time,
HB 1761, A bill to be entitled An Act relating to the reserve requirements for credit life and credit accident and health insurance.
Representative Thompson moved to concur in the senate amendments to HBi1761.
The motion to concur in the senate amendments to HB 1761 prevailed by (Record 1084): 142 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Ortiz; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Corte; Jones; Kuempel; Smithee.
Absent — Madden; Orr; Otto.
Senate Committee Substitute
CSHB 1761, A bill to be entitled An Act relating to the reserve requirements for credit life and credit accident and health insurance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 425.058(l), Insurance Code, is amended to read as follows:
(l)(1)iiNotwithstanding any other law, the minimum reserve requirements
applicable to a credit life policy issued under Chapter 1153 before January 1,
2009, are met if, in the aggregate, the reserves are maintained at 100 percent of
the 1980 Commissioner's Standard Ordinary Mortality Table, with interest that
does not exceed 5.5 percent. [This subsection expires September 1, 2013.]
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4485
(2)iiFor credit life policy reserves on contracts issued to be effective on or after January 1, 2009, the reserve requirements shall be based on minimum reserve standards established by the commissioner by rule. The commissioner shall adopt the rules based on either:
(A)iithe 2001 CSO Male Composite Ultimate Mortality Table for male and female insureds; or
(B)iianother CSO Mortality Table approved by the National Association of Insurance Commissioners on or after January 1, 2009, for use on credit life policy reserves.
(3)iiFor a single premium credit accident and health contract issued on or after January 1, 2009, the reserve requirements shall be based on minimum reserve standards established by the commissioner by rule. The commissioner shall adopt the rules based on either:
(A)iithe 1985 Commissioners Individual Disability Table A (85CIDA); or
(B)iianother Commissioner's Disability Table approved by the National Association of Insurance Commissioners on or after January 1, 2009, for use on credit accident and health policy reserves.
(4)iiFor all credit insurance contracts, if the net premium refund liability exceeds the aggregate recorded contract reserve, the insurer shall establish an additional reserve liability that is equal to the excess of the net refund liability over the contract reserve recorded. The net refund liability may include consideration of commission, premium tax, and other expenses recoverable.
(5)iiIn addition to the rules required to be adopted under this subsection, the commissioner may adopt other rules to implement this subsection.
SECTIONi2.ii(a) The change in law made by this Act applies to all credit life and credit accident and health insurance policies issued on or after January 1, 2009.
(b)iiThe commissioner of insurance shall adopt rules as required to implement Section 425.058(l), Insurance Code, as amended by this Act, not later than the 120th day after the effective date of this Act. Until rules are adopted as required by this subsection, insurers shall continue to use the minimum reserve standards under Section 425.058(l), Insurance Code, as that section existed immediately before amendment by this Act.
SECTIONi3.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.
HB 1919 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Kent called up with senate amendments for consideration at this time,
HB 1919, A bill to be entitled An Act relating to the maturity dates of certain annuities.
4486 81st LEGISLATURE — REGULAR SESSION
Representative Kent moved to concur in the senate amendments to HBi1919.
The motion to concur in the senate amendments to HB 1919 prevailed by (Record 1085): 142 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C); Chisum.
Absent, Excused — Corte; Jones; Kuempel; Smithee.
Absent — Giddings; Orr.
Senate Committee Substitute
CSHB 1919, A bill to be entitled An Act relating to the maturity dates of certain annuities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 1107.006, Insurance Code, is amended to read as follows:
Sec.i1107.006.iiMATURITY DATE. [(a)] In determining the value of
benefits under Sections 1107.102, 1107.103, and 1107.104, [and subject to
Subsection (b), if an annuity contract permits an election to have annuity
payments begin on optional maturity dates,] the maturity date is [considered to
be] the latest date on which an election is permitted by the contract, but [.
[(b)iiA maturity date determined under this section may] not [be] later than
the later of:
(1)iithe next anniversary of the annuity contract that follows the annuitant's 70th birthday; or
(2)iithe 10th anniversary of the contract.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4487
SECTIONi2.iiThis Act applies only to an annuity that is delivered, issued for delivery, or renewed on or after June 1, 2010. An annuity that is delivered, issued for delivery, or renewed before June 1, 2010, is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.
SECTIONi3.iiThis Act takes effect September 1, 2009.
HB 1985 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Martinez Fischer called up with senate amendments for consideration at this time,
HB 1985, A bill to be entitled An Act relating to the requirement that certain defendants in a criminal case undergo testing for AIDS, HIV infection, or related conditions.
Representative Martinez Fischer moved to concur in the senate amendments to HBi1985.
The motion to concur in the senate amendments to HB 1985 prevailed by (Record 1086): 144 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Corte; Jones; Kuempel; Smithee.
Absent — Geren.
4488 81st LEGISLATURE — REGULAR SESSION
Senate Committee Substitute
CSHB 1985, A bill to be entitled An Act relating to the requirement that certain defendants in a criminal case undergo testing for HIV infection and other diseases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiArticle 21.31, Code of Criminal Procedure, is amended by amending Subsections (a), (b), and (c) and adding Subsections (a-1) and (b-1) to read as follows:
(a)iiA person who is indicted for or who waives indictment for an offense
under Section 21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code, shall, at the
direction of the court on the court's own motion or on the request of the victim of
the alleged offense, undergo a standard diagnostic test approved by the United
States Food and Drug Administration for human immunodeficiency virus (HIV)
infection and other sexually transmitted diseases [medical procedure or test
designed to show or help show whether the person has a sexually transmitted
disease or has acquired immune deficiency syndrome (AIDS) or human
immunodeficiency virus (HIV) infection, antibodies to HIV, or infection with any
other probable causative agent of AIDS. The court may direct the person to
undergo the procedure or test on its own motion or on the request of the victim of
the alleged offense]. If the person refuses to submit voluntarily to the [procedure
or] test, the court shall require the person to submit to the [procedure or] test. On
request of the victim of the alleged offense, the court shall order the defendant to
undergo the test not later than 48 hours after an indictment for the offense is
presented against the defendant or the defendant waives indictment. Except as
provided by Subsection (b-1), the [The] court may require a defendant previously
required under this article to undergo a diagnostic [medical procedure or] test on
indictment for an offense to undergo a subsequent [medical procedure or] test
only after [following] conviction of the offense. A [The] person performing a
[the procedure or] test under this subsection shall make the test results available
to the local health authority, and the local health authority shall be required to
make the notification of the test results [result] to the victim of the alleged offense
and to the defendant.
(a-1)iiIf the victim requests the testing of the defendant and a law enforcement agency is unable to locate the defendant during the 48-hour period allowed for that testing under Subsection (a), the running of the 48-hour period is tolled until the law enforcement agency locates the defendant and the defendant is present in the jurisdiction.
(b)iiThe court shall order a person who is charged with an offense under
Section 22.11, Penal Code, to undergo in the manner provided by Subsection (a)
a diagnostic [medical procedure or] test designed to show or help show whether
the person has HIV, hepatitis A, hepatitis B, tuberculosis, or any other disease
designated as a reportable disease under Section 81.048, Health and Safety
Code.iiThe person charged with the offense shall pay the costs of testing under
this subsection.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4489
(b-1)iiIf the results of a diagnostic test conducted under Subsection (a) or (b) are positive for HIV, the court shall order the defendant to undergo any necessary additional testing within a reasonable time after the test results are released.
(c)iiThe state may not use the fact that a [medical procedure or] test was
performed on a person under Subsection (a) or use the results of a [procedure or]
test conducted under Subsection (a) in any criminal proceeding arising out of the
alleged offense.
SECTIONi2.iiThe change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.
SECTIONi3.iiThis Act takes effect September 1, 2009.
HB 2187 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Moody called up with senate amendments for consideration at this time,
HB 2187, A bill to be entitled An Act relating to the prosecution and punishment of offenses involving coercing, inducing, or soliciting membership in a criminal street gang.
Representative Moody moved to concur in the senate amendments to HBi2187.
The motion to concur in the senate amendments to HB 2187 prevailed by (Record 1087): 140 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Leibowitz; Lewis; Lucio; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Smith, T.; Smith, W.; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Nays — Fletcher.
4490 81st LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker(C).
Absent, Excused — Corte; Jones; Kuempel; Smithee.
Absent — Crabb; Legler; Madden; Shelton.
STATEMENT OF VOTE
I was shown voting no on Record No. 1087. I intended to vote yes.
Fletcher
Senate Committee Substitute
CSHB 2187, A bill to be entitled An Act relating to the prosecution and punishment of offenses involving coercing, inducing, or soliciting membership in a criminal street gang.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiThe heading to Section 71.022, Penal Code, is amended to read as follows:
Sec.i71.022.iiCOERCING, INDUCING, OR SOLICITING MEMBERSHIP IN A CRIMINAL STREET GANG.
SECTIONi2.iiSection 71.022, Penal Code, is amended by adding Subsections (a-1) and (d) to read as follows:
(a-1)iiA person commits an offense if, with intent to coerce, induce, or solicit a child to actively participate in the activities of a criminal street gang, the person:
(1)iithreatens the child or a member of the child's family with imminent bodily injury; or
(2)iicauses bodily injury to the child or a member of the child's family.
(d)iiIn this section:
(1)ii"Child" means an individual younger than 17 years of age.
(2)ii"Family" has the meaning assigned by Section 71.003, Family Code.
SECTIONi3.iiSection 22.015, Penal Code, is repealed.
SECTIONi4.ii(a) The change in law made by this Act in amending Section 71.022, Penal Code, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.
(b)iiThe repeal by this Act of Section 22.015, Penal Code, does not apply to an offense committed under that section before the effective date of the repeal. An offense committed before the effective date of the repeal is covered by that section as it existed on the date on which the offense was committed, and the former law is continued in effect for that purpose. For purposes of this subsection, an offense is committed before the effective date of the repeal if any element of the offense occurs before that date.
SECTIONi5.iiThis Act takes effect September 1, 2009.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4491
HB 4114 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Martinez Fischer called up with senate amendments for consideration at this time,
HB 4114, A bill to be entitled An Act relating to the Committee on House Administration and Senate Committee on Administration directing the placement of a Tejano memorial monument on the Capitol grounds.
Representative Martinez Fischer moved to concur in the senate amendments to HBi4114.
The motion to concur in the senate amendments to HB 4114 prevailed by (Record 1088): 139 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Keffer; Kent; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Solomons; Strama; Swinford; Taylor; Thibaut; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Nays — Riddle.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Corte; Jones; Kuempel; Smithee.
Absent — Farrar; Harper-Brown; King, P.; Orr; Thompson.
Senate Committee Substitute
CSHB 4114, A bill to be entitled An Act relating to memorial monuments on the Capitol grounds, including the Tejano monument.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiChapter 443, Government Code, is amended by adding Section 443.01525 to read as follows:
4492 81st LEGISLATURE — REGULAR SESSION
Sec.i443.01525.iiTEJANO MEMORIAL MONUMENT.i The State Preservation Board shall establish a Tejano memorial monument on the historic south grounds of the Capitol that pays tribute to the contributions of Tejanos to the State of Texas.
SECTIONi2.iiSectioni443.0152, Government Code, is amended by adding Subsection (a-1) to read as follows:
(a-1)iiExcept as provided by Sections 443.01525 and 448.034, after September 1, 2009, no additional monuments may be placed on the historic grounds of the Capitol.
SECTIONi3.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.
HB 4328 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Strama called up with senate amendments for consideration at this time,
HB 4328, A bill to be entitled An Act relating to the establishment of the Interagency Literacy Council for the study, promotion, and enhancement of literacy in this state.
Representative Strama moved to concur in the senate amendments to HBi4328.
The motion to concur in the senate amendments to HB 4328 prevailed by (Record 1089): 141 Yeas, 2 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Keffer; Kent; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Nays — Fletcher; Riddle.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4493
Present, not voting — Mr. Speaker(C).
Absent, Excused — Corte; Jones; Kuempel; Smithee.
Absent — Castro; King, P.
Senate Committee Substitute
CSHB 4328, A bill to be entitled An Act relating to the establishment of the Interagency Literacy Council for the study, promotion, and enhancement of literacy in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubtitle B, Title 4, Labor Code, is amended by adding Chapter 312 to read as follows:
CHAPTER 312. INTERAGENCY LITERACY COUNCIL
Sec.i312.001.iiDEFINITION. In this chapter, "council" means the Interagency Literacy Council established under this chapter.
Sec.i312.002.iiAPPLICATION OF SUNSET ACT. The Interagency Literacy Council is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the council is abolished and this chapter expires September 1, 2019.
Sec.i312.003.iiESTABLISHMENT AND COMPOSITION. (a)iiThe commission shall establish the Interagency Literacy Council. The council is composed of nine members as follows:
(1)iia representative of the commission, appointed by the executive director;
(2)iia representative of the Texas Education Agency, appointed by the commissioner of education;
(3)iia representative of the Texas Higher Education Coordinating Board, appointed by the commissioner of higher education; and
(4)iisix public members who are leaders of the business or nonprofit community engaged in literacy promotion efforts, appointed by the executive director of the commission.
(b)iiThe representative appointed under Subsection (a)(1) shall serve as the presiding officer of the council.
Sec.i312.004.iiCOMMISSION DUTIES. The commission shall provide staff and resources as necessary for the operation of the council.
Sec.i312.005.iiTERMS; VACANCY. (a)iiMembers of the council serve two-year terms, with the terms expiring February 1 of each odd-numbered year.
(b)iiA member may be reappointed.
(c)iiA vacancy on the council shall be filled for the remainder of the unexpired term in the same manner as provided by Section 312.003(a).
Sec.i312.006.iiMEETINGS. (a)iiThe council shall meet in person at least three times each year and may hold meetings by conference call if necessary. The council shall invite stakeholders to participate in at least one council meeting each year and provide an opportunity for submission of oral or written testimony.
(b)iiSection 551.125, Government Code, applies to a meeting held by conference call under this section, except that Section 551.125(b), Government Code, does not apply.
4494 81st LEGISLATURE — REGULAR SESSION
Sec.i312.007.iiCOMPENSATION; REIMBURSEMENT. (a) A member of the council may not receive compensation for service on the council.
(b)iiA public member may be reimbursed for the member's actual and necessary expenses for meals, lodging, and transportation incurred while performing council business, subject to any applicable limitation on reimbursement prescribed by the General Appropriations Act.
Sec.i312.008.iiCOUNCIL POWERS AND DUTIES. The council shall:
(1)iistudy current research to assessithe adult literacy needs in this state, including literacy needs relating to business and finance, workforce and technology, civics, and health and wellness;
(2)iiconsult with key stakeholders to identify:
(A)iibarriers to improving literacy; and
(B)iievidence-based best practices for improving literacy;
(3)iireview the status of the programs and services administered by each agency or entity represented on the council that promote literacy in an effort to coordinate efforts, align services, reduce redundancies, implement best practices, integrate support services, and improve accountability;
(4)iibuild existing funding streams and identify additional state and federal funding sources available for the promotion of literacy in this state; and
(5)iiraise literacy awareness and engage community leaders in creative solution building for improving literacy in this state.
Sec.i312.009.iiSTATEWIDE LITERACY PLAN; REPORT. (a)iiThe council shall develop a comprehensive statewide action plan for the improvement of literacy in this state, including a recommended timeline for implementation.
(b)iiThe council shall submit to both houses of the legislature, the governor, and the Texas Workforce Investment Council on or before November 1 of each even-numbered year a written report on:
(1)iithe development of the council's statewide action plan;
(2)iithe actions taken in furtherance of the plan;
(3)iithe areas that need improvement in implementing the plan;
(4)iiany change to the plan; and
(5)iithe programs and services that address literacy needs in this state.
Sec.i312.010.iiGIFTS, GRANTS, AND DONATIONS. The commission may accept for the council a gift, grant, or donation from any source to carry out the purposes of this chapter.
Sec.i312.011.iiRULES. The commission may adopt rules necessary to implement this chapter.
SECTIONi2.ii(a)iiThe Interagency Literacy Council shall submit the initial report required under Section 312.009(b), Labor Code, as added by this Act, not later than November 1, 2012.
(b)iiAs soon as practicable after the effective date of this Act, the designated appointing officials shall appoint the members to the Interagency Literacy Council established under Chapter 312, Labor Code, as added by this Act.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4495
SECTIONi3.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.
HB 1362 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Gutierrez called up with senate amendments for consideration at this time,
HB 1362, A bill to be entitled An Act relating to the pilot program for reporting of methicillin-resistant Staphylococcus aureus infections.
Representative Gutierrez moved to concur in the senate amendments to HBi1362.
The motion to concur in the senate amendments to HB 1362 prevailed by (Record 1090): 139 Yeas, 5 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anchia; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Crabb; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Homer; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Jackson; Keffer; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Raymond; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Solomons; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Nays — Brown, F.; Fletcher; Isett; Miller, S.; Riddle.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Corte; Jones; Kuempel; Smithee.
Absent — Quintanilla.
Senate Committee Substitute
CSHB 1362, A bill to be entitled An Act relating to the pilot program for reporting of methicillin-resistant Staphylococcus aureus infections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 81.0445, Health and Safety Code, is amended to read as follows:
4496 81st LEGISLATURE — REGULAR SESSION
Sec.i81.0445.iiMRSA REPORTING PROCEDURES PILOT PROGRAM. (a)iiThe executive commissioner of the Health and Human Services Commission by rule shall develop and the department shall establish a pilot program to research and implement procedures for reporting cases of methicillin-resistant Staphylococcus aureus (MRSA) infection. A health authority shall not be required to participate in the pilot program.
(b)iiA health authority that participates in the pilot program shall administer
the program locally and report to the department as required by this section. [The
department shall select to administer the program a health authority that:
[(1) demonstrates an interest in hosting the program; and
[(2) possesses adequate resources to administer the program
successfully.]
(c)iiThe pilot program must:
(1)iirequire all clinical laboratories, including hospital laboratories and
clinical reference laboratories, within the area served by each [the] health
authority participating in the pilot program to report all positive cases of
methicillin-resistant Staphylococcus aureus infection, including infections
contracted in a community setting, a health care facility, and any other setting, to
the applicable health authority using automated and secure electronic data
transmission [pilot program administrator];
(2)iitrack the prevalence of methicillin-resistant Staphylococcus aureus infections;
(3)iievaluate [study] the cost and feasibility of expanding the list of
reportable diseases established under this chapter to include methicillin-resistant
Staphylococcus aureus infections;
(4)iidevelop a methodology for the electronic transfer [exchange] of
information regarding [the occurrence of] methicillin-resistant Staphylococcus
aureus infections within the area served by each [the] health authority
participating in the pilot program;
(5)iicollect data and analyze findings regarding the prevalence [sources
and possible prevention] of methicillin-resistant Staphylococcus aureus
infections;
(6)iiprovide for the reporting to the public by the department of information regarding methicillin-resistant Staphylococcus aureus infections;
(7)iicompile and make available to the public a summary report[, by
location, of the infections reported]; and
(8)iimake recommendations to the department regarding Subdivisions (1) through (7).
(d) Not later than September 1, 2011 [2009], the department, in consultation
with each [the] health authority participating in [administering] the pilot program,
shall submit to the legislature a report concerning the effectiveness of the pilot
program [in tracking and reducing the number of methicillin-resistant
Staphylococcus aureus infections within the area served by the health authority].
(d-1)iiA health care facility located in an area served by a health authority participating in the pilot program is not required to report an incident of methicillin-resistance Staphylococcus aureus infection to the Department of State
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4497
(e)iiThis section expires, and the pilot program is abolished, September 1,
2011 [2009].
SECTIONi2.iiSection 98.103, Health and Safety Code, as added by Chapter 359 (SB 288), Acts of the 80th Legislature, Regular Session, 2007, is amended by adding Subsection (e) to read as follows:
(e)iiEffective September 1, 2009, this section does not apply to the reporting of methicillin-resistant Staphylococus aureus infections by a health care facility located in an area served by a health authority participating in the pilot program established under Section 81.0445. This subsection expires September 1, 2011.
SECTIONi3.ii(a)iiExcept as provided by Subsection (b) of this section, this Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect on the 91st day after the last day of the legislative session.
(b)iiThe change in law made by this Act to Section 81.0445(d), Health and Safety Code, takes effect September 1, 2009.
HB 2330 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Guillen called up with senate amendments for consideration at this time,
HB 2330, A bill to be entitled An Act relating to laboratory tests measuring kidney function.
Representative Guillen moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 2330.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 2330: Guillen, chair; Kolkhorst, S.iKing, Naishtat, and Zerwas.
HB 2374 - MOTION TO CONCUR IN SENATE AMENDMENTS
Representative Guillen called up with senate amendments for consideration at this time,
HB 2374, A bill to be entitled An Act relating to financing of water and wastewater connections and plumbing improvements in economically distressed areas.
4498 81st LEGISLATURE — REGULAR SESSION
HB 2374 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE MARTINEZ FISCHER: Is it your intent that the money be given to U.S. citizens and legal permanent residents?
REPRESENTATIVE GUILLEN: Oh, yes. It is my intent that it be given to citizens.
REMARKS ORDERED PRINTED
Representative Martinez Fischer moved to print remarks between Representative Guillen and Representative Martinez Fischer.
The motion prevailed.
Representative Guillen moved to concur in the senate amendments to HBi2374.
The vote of the house was taken on the motion to concur in the senate amendments to HB 2374 and the vote was announced yeas 58, nays 56.
A verification of the vote was requested and was granted.
LEAVES OF ABSENCE GRANTED
The following member was granted leave of absence for the remainder of today because of family business:
Anchia on motion of Strama.
The following member was granted leave of absence for the remainder of today because of important business:
Crabb on motion of Truitt.
HB 2374 - (consideration continued)
The roll of those voting yea and nay was again called and the verified vote resulted, as follows (Record 1091): 64 Yeas, 64 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Bolton; Castro; Chavez; Cohen; Coleman; Davis, Y.; Deshotel; Dukes; Dunnam; Dutton; Edwards; England; Farabee; Farias; Farrar; Flores; Frost; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hernandez; Hochberg; Hodge; Hopson; Howard, D.; Hunter; Kent; King, T.; Leibowitz; Lucio; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McClendon; McReynolds; Menendez; Miklos; Naishtat; Oliveira; Olivo; Peña; Pickett; Pierson; Quintanilla; Raymond; Rios Ybarra; Ritter; Rodriguez; Rose; Strama; Thibaut; Thompson; Turner, C.; Turner, S.; Villarreal; Vo; Walle.
Nays — Anderson; Aycock; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Button; Callegari; Chisum; Christian; Cook; Craddick; Creighton; Crownover; Darby; Davis, J.; Driver; Eissler; Elkins; Fletcher; Flynn; Gattis; Geren; Hamilton; Hardcastle; Harless; Harper-Brown; Hartnett; Hilderbran; Howard, C.; Hughes; Isett; Jackson; King, P.; King, S.; Kleinschmidt;
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4499
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Corte; Crabb; Jones; Kuempel; Smithee.
Absent — Burnam; Eiland; Gallego; Hancock; Heflin; Herrero; Homer; Keffer; Kolkhorst; Moody; Morrison; Ortiz; Pitts; Solomons; Veasey.
The speaker stated that the motion to concur in the senate amendments to HBi2374 was lost by the above vote.
STATEMENTS OF VOTE
When Record No. 1091 was taken, I was in the house but away from my desk. I would have voted yes.
Gallego
When Record No. 1091 was taken, I was in the house but away from my desk. I would have voted yes.
Herrero
When Record No. 1091 was taken, I was in the house but away from my desk. I would have voted no.
Kolkhorst
When Record No. 1091 was taken, I was temporarily out of the house chamber. I would have voted yes.
Veasey
HB 1365 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Eissler called up with senate amendments for consideration at this time,
HB 1365, A bill to be entitled An Act relating to service records of professional staff employed by school districts and payment of compensation based on those records.
Representative Eissler moved to concur in the senate amendments to HBi1365.
The motion to concur in the senate amendments to HB 1365 prevailed by (Record 1092): 137 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson; Aycock; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Dukes; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen;
4500 81st LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Corte; Crabb; Jones; Kuempel; Smithee.
Absent — Bolton; Driver; Dunnam; Gutierrez; Moody; Veasey.
STATEMENT OF VOTE
When Record No. 1092 was taken, I was in the house but away from my desk. I would have voted yes.
Veasey
Senate Committee Substitute
CSHB 1365, A bill to be entitled An Act relating to service records of professional staff employed by school districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter I, Chapter 21, Education Code, is amended by adding Section 21.4031 to read as follows:
Sec.i21.4031.iiPROFESSIONAL STAFF SERVICE RECORDS. (a) In this section:
(1)ii"Salary schedule" means the minimum salary schedule under Section 21.402 or a comparable salary schedule used by a school district that specifies salary amounts based on an employee's level of experience.
(2)ii"Service record" means a school district document that indicates the total years of service provided to the district by a classroom teacher, librarian, counselor, or nurse.
(b)iiOn request by a classroom teacher, librarian, counselor, or nurse or by the school district employing one of those individuals, a school district that previously employed the individual shall provide a copy of the individual's service record to the school district employing the individual. The district must provide the copy not later than the 30th day after the later of:
(1)iithe date the request is made; or
(2)iithe date of the last day of the individual's service to the district.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4501
(c)iiIf a school district fails to provide an individual's service record as required by Subsection (b), the agency shall, to the extent that information is available to the agency, provide the employing school district with information sufficient to enable the district to determine proper placement of the individual on the district's salary schedule.
SECTIONi2.iiThis Act applies beginning with the 2009-2010 school year.
SECTIONi3.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.
LEAVES OF ABSENCE GRANTED
The following members were granted leaves of absence for the remainder of today because of important business:
Homer on motion of Alvarado.
Solomons on motion of Alvarado.
The following member was granted leave of absence for the remainder of today because of important business in the district:
Keffer on motion of Cook.
HB 3961 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative McReynolds called up with senate amendments for consideration at this time,
HB 3961, A bill to be entitled An Act relating to the regulation of nursing.
Representative McReynolds moved to concur in the senate amendments to HBi3961.
The motion to concur in the senate amendments to HB 3961 prevailed by (Record 1093): 130 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hopson; Howard, C.; Howard, D.; Hunter; Isett; Jackson; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter;
4502 81st LEGISLATURE — REGULAR SESSION
Nays — Hochberg.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Corte; Crabb; Homer; Jones; Keffer; Kuempel; Smithee; Solomons.
Absent — Burnam; Dunnam; Gallego; Gutierrez; Hodge; Hughes; Laubenberg; Moody; Veasey.
STATEMENTS OF VOTE
When Record No. 1093 was taken, I was in the house but away from my desk. I would have voted yes.
Gallego
When Record No. 1093 was taken, I was in the house but away from my desk. I would have voted yes.
Veasey
Senate Committee Substitute
CSHB 3961, A bill to be entitled An Act relating to the regulation of nursing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 301.155(c), Occupations Code, is amended to read as follows:
(c)iiThe board shall assess a [$3] surcharge of not less than $3 or more than
$5 for a registered nurse and a [$2] surcharge of not less than $2 or more than $3
for a vocational nurse to the fee established by the board under Subsection (a) for
a license holder to renew a license under this chapter. The board may use nine
cents of the registered nurse surcharge and six cents of the vocational nurse
surcharge to cover the administrative costs of collecting and depositing the
surcharge. The board quarterly shall transmit the remainder of each surcharge to
the Department of State Health Services to be used only to implement the nursing
resource section under Section 105.002, Health and Safety Code. The board is
not required to collect the surcharge if the board determines the funds collected
are not appropriated for the purpose of funding the nursing resource section.
SECTIONi2.iiSection 301.157, Occupations Code, is amended by amending Subsection (d-4) and adding Subsections (d-8), (d-9), (d-10), and (d-11) to read as follows:
(d-4)iiThe board may recognize and accept as approved under this section a
school of nursing or educational program operated in another state and approved
by a state board of nursing or other regulatory body of that [another] state.i The
board shall develop policies to ensure that the other state's [state board's]
standards are substantially equivalent to the board's standards.ii
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(d-8)iiFor purposes of Subsection (d-4), a nursing program is considered to meet standards substantially equivalent to the board's standards if the program:
(1)iiis part of an institution of higher education located outside this state that is approved by the appropriate regulatory authorities of that state;
(2)iiholds regional accreditation by an accrediting body recognized by the United States secretary of education and the Council for Higher Education Accreditation;
(3)iiholds specialty accreditation by an accrediting body recognized by the United States secretary of education and the Council for Higher Education Accreditation, including the National League for Nursing Accrediting Commission;
(4)iirequires program applicants to be a licensed practical or vocational nurse, a military service corpsman, or a paramedic, or to hold a college degree in a clinically oriented health care field with demonstrated experience providing direct patient care; and
(5)iigraduates students who:
(A)iiachieve faculty-determined program outcomes, including passing criterion-referenced examinations of nursing knowledge essential to beginning a registered nursing practice and transitioning to the role of registered nurse;
(B)iipass a criterion-referenced summative performance examination developed by faculty subject matter experts that measures clinical competencies essential to beginning a registered nursing practice and that meets nationally recognized standards for educational testing, including the educational testing standards of the American Educational Research Association, the American Psychological Association, and the National Council on Measurement in Education; and
(C)iipass the National Council Licensure Examination for Registered Nurses at a rate equivalent to the passage rate for students of approved in-state programs.
(d-9)iiA graduate of a clinical competency assessment program operated in another state and approved by a state board of nursing or other regulatory body of another state is eligible to apply for an initial license under this chapter if:
(1)iithe board allowed graduates of the program to apply for an initial license under this chapter continuously during the 10-year period preceding January 1, 2007;
(2)iithe program does not make any substantial changes in the length or content of its clinical competency assessment without the board's approval;
(3)iithe program remains in good standing with the state board of nursing or other regulatory body in the other state; and
(4)iithe program participates in the research study under Section 105.008, Health and Safety Code.
(d-10)iiIn this section, the terms "clinical competency assessment program" and "supervised clinical learning experiences program" have the meanings assigned by Section 105.008, Health and Safety Code.
4504 81st LEGISLATURE — REGULAR SESSION
(d-11)iiSubsections (d-8), (d-9), (d-10), and (d-11) expire December 31, 2017. As part of the first review conducted under Section 301.003 after September 1, 2009, the Sunset Advisory Commission shall:
(1)iirecommend whether Subsections (d-8) and (d-9) should be extended; and
(2)iirecommend any changes to Subsections (d-8) and (d-9) relating to the eligibility for a license of graduates of a clinical competency assessment program operated in another state.
SECTIONi3.iiSection 301.160(a)(2), Occupations Code, is amended to read as follows:
(2)ii"Targeted continuing nursing education" means continuing
education focusing on a skill that would likely benefit a significant proportion of
[registered] nurses in a particular practice area.
SECTIONi4.iiSections 301.160(b) and (j) are amended to read as follows:
(b)iiThe board may develop pilot programs to evaluate the effectiveness of
mechanisms, including proactive nursing peer review and targeted continuing
nursing education, for maintenance of the clinical competency of a [registered]
nurse in the nurse's area of practice and the understanding by [registered] nurses
of the laws, including regulations, governing the practice of [professional]
nursing.
(j)iiThe board shall issue an annual report regarding any pilot programs
developed or approved and a status report on those programs, including
preliminary or final findings concerning their effectiveness. The board shall mail
the report to statewide associations of [registered] nurses and[, registered nurse]
educators[,] and employers of [registered] nurses that request a copy. [The board
shall issue a final report not later than September 1, 2000.]
SECTIONi5.iiSections 301.1605(a) and (c), Occupations Code, are amended to read as follows:
(a)iiThe board may approve and adopt rules regarding pilot programs for
innovative applications in the practice and regulation of [professional] nursing.
(c)iiIn approving a pilot program, the board may grant the program an
exception to the mandatory reporting requirements of Sections 301.401-301.409
or to a rule adopted under this chapter or Chapter 303 that relates to the practice
of [professional] nursing, including education and reporting requirements for
[registered] nurses. The board may not grant an exception to:
(1)iithe education requirements of this chapter unless the program includes alternate but substantially equivalent requirements; or
(2)iithe mandatory reporting requirements unless the program:
(A)iiis designed to evaluate the efficiency of alternative reporting methods; and
(B)iiprovides consumers adequate protection from [registered]
nurses whose continued practice is a threat to public safety.
SECTIONi6.iiSections 301.1606(a) and (b), Occupations Code, are amended to read as follows:
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4505
(a)iiThe [Before January 1, 2004, the] board may [shall] solicit proposals for
pilot programs designed to evaluate the efficacy and effect on protection of the
public of reporting systems designed to encourage identification of system errors.
(b)iiThe board may grant a pilot program approved under this section an
exception to the mandatory reporting requirements of Sections 301.401-301.409
or to a rule adopted under this chapter or Chapter 303 that relates to the practice
of [professional] nursing, including education and reporting requirements for
[registered] nurses. If the board grants an exception, the board may require that
the program:
(1)iiprovide for the remediation of the deficiencies of a [registered]
nurse who has knowledge or skill deficiencies that unless corrected may result in
an unreasonable risk to public safety;
(2)iiprovide for supervision of the nurse during remediation of deficiencies under Subdivision (1);
(3)iirequire reporting to the board of a [registered] nurse:
(A)iiwho fails to satisfactorily complete remediation, or who does not make satisfactory progress in remediation, under Subdivision (1);
(B)iiwhose incompetence in the practice of [professional] nursing
would pose a continued risk of harm to the public; or
(C)iiwhose error contributed to a patient death or serious patient injury; or
(4)iiprovide for a nursing peer review committee to review whether a
[registered] nurse is appropriate for remediation under Subdivision (1).
SECTIONi7.iiSubchapter E, Chapter 301, Occupations Code, is amended by adding Sections 301.206 and 301.207 to read as follows:
Sec.i301.206.iiCONFIDENTIALITY OF INFORMATION COLLECTED FOR EMERGENCY RELIEF PROGRAMS. (a) In this section, "emergency relief program" means a program operated or sponsored by the federal government, the state, or a nonprofit organization to provide nurses to assist in providing health care to victims or potential victims of a disaster or state or local emergency.
(b)iiA nurse's personal contact information, including e-mail addresses, telephone numbers, and fax numbers, collected by the board for use by an emergency relief program is:
(1)iiconfidential and not subject to disclosure under Chapter 552, Government Code; and
(2)iinot subject to disclosure, discovery, subpoena, or other means of legal compulsion for release to anyone other than for the purpose of contacting the nurse to assist in an emergency relief program.
Sec.i301.207.iiCONFIDENTIALITY OF HEALTH INFORMATION PROVIDED FOR LICENSURE. Information regarding a person's diagnosis or treatment for a physical condition, mental condition, or chemical dependency that the person submits to the board for a petition for a declaratory order of eligibility for a license or for an application for an initial license or a license renewal under this chapter is confidential to the same extent information collected on a nurse as part of an investigation of a complaint is confidential under Section 301.466.
4506 81st LEGISLATURE — REGULAR SESSION
SECTIONi8.iiSection 301.257(a), Occupations Code, is amended to read as follows:
(a)iiA person may petition the board for a declaratory order as to the person's eligibility for a license under this chapter if the person has reason to believe that the person is ineligible for the license and:
(1)iiis enrolled or planning to enroll in an educational program that
prepares a person for an initial license as a registered nurse or vocational nurse; or
[and]
(2)iiis an applicant for a [has reason to believe that the person is
ineligible for the] license.
SECTIONi9.iiSection 301.401(2), Occupations Code, is amended to read as follows:
(2)ii"Minor incident" means conduct by a nurse that does not indicate that the nurse's continued practice poses a risk of harm to a patient or another person. This term is synonymous with "minor error" or "minor violation of this chapter or board rule."
SECTIONi10.iiSubchapter J, Chapter 301, Occupations Code, is amended by adding Section 301.4521 to read as follows:
Sec.i301.4521.iiPHYSICAL AND PSYCHOLOGICAL EVALUATION. (a) In this section:
(1)ii"Applicant" means:
(A)iia petitioner for a declaratory order of eligibility for a license; or
(B)iian applicant for an initial license or renewal of a license.
(2)ii"Evaluation" means a physical or psychological evaluation conducted to determine a person's fitness to practice nursing.
(b)iiThe board may require a nurse or applicant to submit to an evaluation only if the board has probable cause to believe that the nurse or applicant is unable to practice nursing with reasonable skill and safety to patients because of:
(1)iiphysical impairment;
(2)iimental impairment; or
(3)iichemical dependency or abuse of drugs or alcohol.
(c)iiA demand for an evaluation under Subsection (b) must be in writing and state:
(1)iithe reasons probable cause exists to require the evaluation; and
(2)iithat refusal by the nurse or applicant to submit to the evaluation will result in an administrative hearing to be held to make a final determination of whether probable cause for the evaluation exists.
(d)iiIf the nurse or applicant refuses to submit to the evaluation, the board shall schedule a hearing on the issue of probable cause to be conducted by the State Office of Administrative Hearings. The nurse or applicant must be notified of the hearing by personal service or certified mail. The hearing is limited to the issue of whether the board had probable cause to require an evaluation. The nurse or applicant may present testimony and other evidence at the hearing to show why the nurse or applicant should not be required to submit to the evaluation. The board has the burden of proving that probable cause exists. At the conclusion of the hearing, the hearing officer shall enter an order requiring the nurse or
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4507
(e)iiIf a nurse or applicant refuses to submit to an evaluation after an order requiring the evaluation is entered under Subsection (d), the board may:
(1)iirefuse to issue or renew a license;
(2)iisuspend a license; or
(3)iiissue an order limiting the license.
(f)iiThe board may request a nurse or applicant to consent to an evaluation by a practitioner approved by the board for a reason other than a reason listed in Subsection (b). A request for an evaluation under this subsection must be in writing and state:
(1)iithe reasons for the request;
(2)iithe type of evaluation requested;
(3)iihow the board may use the evaluation;
(4)iithat the nurse or applicant may refuse to submit to an evaluation; and
(5)iithe procedures for submitting an evaluation as evidence in any hearing regarding the issuance or renewal of the nurse's or applicant's license.
(g)iiIf a nurse or applicant refuses to consent to an evaluation under Subsection (f), the nurse or applicant may not introduce an evaluation into evidence at a hearing to determine the nurse's or applicant's right to be issued or retain a nursing license unless the nurse or applicant:
(1)iinot later than the 30th day before the date of the hearing, notifies the board that an evaluation will be introduced into evidence at the hearing;
(2)iiprovides the board the results of that evaluation;
(3)iiinforms the board of any other evaluations by any other practitioners; and
(4)iiconsents to an evaluation by a practitioner that meets board standards established under Subsection (h).
(h)iiThe board shall establish by rule the qualifications for a licensed practitioner to conduct an evaluation under this section. The board shall maintain a list of qualified practitioners. The board may solicit qualified practitioners located throughout the state to be on the list.
(i)iiA nurse or applicant shall pay the costs of an evaluation conducted under this section.
(j)iiThe results of an evaluation under this section are:
(1)iiconfidential and not subject to disclosure under Chapter 552, Government Code; and
(2)iinot subject to disclosure by discovery, subpoena, or other means of legal compulsion for release to anyone, except that the results may be:
(A)iiintroduced as evidence in a proceeding before the board or a hearing conducted by the State Office of Administrative Hearings under this chapter; or
(B)iiincluded in the findings of fact and conclusions of law in a final board order.
4508 81st LEGISLATURE — REGULAR SESSION
(k)iiIf the board determines there is insufficient evidence to bring action against a person based on the results of any evaluation under this section, the evaluation must be expunged from the board's records.
(l)iiThe board shall adopt guidelines for requiring or requesting a nurse or applicant to submit to an evaluation under this section.
(m)iiThe authority granted to the board under this section is in addition to the board's authority to make licensing decisions under this chapter.
SECTIONi11.iiSections 301.453(a) and (b), Occupations Code, are amended to read as follows:
(a)iiIf the board determines that a person has committed an act listed in Section 301.452(b), the board shall enter an order imposing one or more of the following:
(1)iidenial of the person's application for a license, license renewal, or temporary permit;
(2)iiissuance of a written warning;
(3)iiadministration of a public reprimand;
(4)iilimitation or restriction of the person's license, including:
(A)iilimiting to or excluding from the person's practice one or more specified activities of nursing; or
(B)iistipulating periodic board review;
(5)iisuspension of the person's license [for a period not to exceed five
years];
(6)iirevocation of the person's license; or
(7)iiassessment of a fine.
(b)iiIn addition to or instead of an action under Subsection (a), the board, by order, may require the person to:
(1)iisubmit to care, counseling, or treatment by a health provider designated by the board as a condition for the issuance or renewal of a license;
(2)iiparticipate in a program of education or counseling prescribed by the board, including a program of remedial education;
(3)iipractice for a specified period under the direction of a registered nurse or vocational nurse designated by the board; or
(4)iiperform public service the board considers appropriate.
SECTIONi12.iiSection 301.4535, Occupations Code, is amended by adding Subsection (a-1) and amending Subsection (b) to read as follows:
(a-1)iiAn applicant or nurse who is refused an initial license or renewal of a license or whose license is suspended under Subsection (a) is not eligible for a probationary, stipulated, or otherwise encumbered license unless the board establishes by rule criteria that would permit the issuance or renewal of the license.
(b)iiOn final conviction or a plea of guilty or nolo contendere for an offense
listed in Subsection (a), the board, as appropriate, may not issue a license to an
applicant, shall refuse to renew a license, or shall revoke a license [if the
applicant or license holder did not previously disclose the conviction or plea and
the fifth anniversary of the date the person successfully completed community
supervision or parole has not occurred].
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4509
SECTIONi13.iiSubchapter J, Chapter 301, Occupations Code, is amended by adding Section 301.4551 to read as follows:
Sec.i301.4551.iiTEMPORARY LICENSE SUSPENSION FOR DRUG OR ALCOHOL USE. The board shall temporarily suspend the license of a nurse as provided by Section 301.455 if the nurse is under a board order prohibiting the use of alcohol or a drug or requiring the nurse to participate in a peer assistance program, and the nurse:
(1)iitests positive for alcohol or a prohibited drug;
(2)iirefuses to comply with a board order to submit to a drug or alcohol test; or
(3)iifails to participate in the peer assistance program and the program issues a letter of dismissal and referral to the board for noncompliance.
SECTIONi14.iiSection 301.468, Occupations Code, is amended by amending Subsection (a) and adding Subsections (e) and (f) to read as follows:
(a)iiThe board may determine that an order denying a license application or suspending a license be probated. A person subject to a probation order shall conform to each condition the board sets as the terms of probation, including a condition:
(1)iilimiting the practice of the person to, or excluding, one or more
specified activities of professional nursing or vocational nursing; [or]
(2)iirequiring the person to submit to supervision, care, counseling, or treatment by a practitioner designated by the board; or
(3)iirequiring the person to submit to random drug or alcohol tests in the manner prescribed by the board.
(e)iiA hearing under this section is limited to a determination of whether the person violated the terms of the probation order under Subsection (a) and whether the board should:
(1)iicontinue, rescind, or modify the terms of probation, including imposing an administrative penalty; or
(2)iienter an order denying, suspending, or revoking the person's license.
(f)iiIf one of the conditions of probation is the prohibition of using alcohol or a drug or participation in a peer assistance program, violation of that condition is established by:
(1)iia positive drug or alcohol test result;
(2)iirefusal to submit to a drug or alcohol test as required by the board; or
(3)iia letter of noncompliance from the peer assistance program.
SECTIONi15.iiSection 63.202(f), Education Code, is amended to read as follows:
(f)iiNotwithstanding the limitation provided by Subsection (b), grants awarded under Subsection (c) for the state fiscal biennium ending on August 31, 2009, and the fiscal biennium ending on August 31, 2011, by the Texas Higher Education Coordinating Board shall be awarded to programs preparing students for initial licensure as registered nurses or programs preparing qualified faculty members with a master's or doctoral degree for the program, including programs
4510 81st LEGISLATURE — REGULAR SESSION
(1)iigive priority to institutions proposing to address the shortage of registered nurses by promoting innovation in education, recruitment, and retention of nursing students and qualified faculty;
(2)iiaward grants on a competitive basis; [and]
(3)iiconsider the availability of matching funds; and
(4)iifund a study by the nursing resource section to evaluate the competencies of clinical judgment and behaviors that professional nursing students should possess at the time of graduation.
SECTIONi16.iiChapter 105, Health and Safety Code, is amended by adding Section 105.008 to read as follows:
Sec.i105.008.iiSTUDY OF ALTERNATE WAYS TO ASSURE CLINICAL COMPETENCY OF GRADUATES OF NURSING EDUCATIONAL PROGRAMS. (a) In this section:
(1)ii"Clinical competency assessment program" means a professional nursing prelicensure program that employs a criterion-referenced summative performance examination, developed by subject matter experts, to verify its graduates' attainment of the clinical competency necessary for initial licensure as a registered nurse.
(2)ii"Professional nursing prelicensure program" means a professional nursing educational program that prepares students to obtain an initial license as a registered nurse.
(3)ii"Research study" means the study described by Subsection (b).
(4)ii"Supervised clinical learning experiences program" means a professional nursing prelicensure program that requires students to complete a required number of supervised clinical learning experiences provided by qualified clinical faculty involving multiple, ongoing assessments and feedback.
(b)iiTo the extent funding is available, the nursing resource section established under Section 105.002(b) shall conduct a research study to identify:
(1)iia set of expected student outcomes in terms of clinical judgment and behaviors that professional nursing students should possess at the time of graduation from a professional nursing prelicensure program;
(2)iistandardized, reliable, and valid clinical exit evaluation tools that could be used to evaluate the competencies in clinical judgment and behaviors that professional nursing students possess at the time of graduation from a professional nursing prelicensure program;
(3)iiany correlation between the success rate of graduates of professional nursing prelicensure programs on standardized clinical exit evaluation tools and their educational and experiential background, including:
(A)iilength and type of health care work experience before entering the professional nursing prelicensure programs;
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4511
(B)iihealth care work experience during the professional nursing prelicensure programs; and
(C)iialternative methods of teaching clinical judgment and behaviors, including supervised clinicals and simulation laboratories; and
(4)iiany correlation between the required number of hours in supervised clinical learning experiences and expected student outcomes in terms of clinical judgment and behaviors.
(c)iiIn addition to any other objective, the research study must be designed to determine if the graduates of a clinical competency assessment program are substantially equivalent to the graduates of supervised clinical learning experiences programs in terms of clinical judgments and behaviors. For purposes of this subsection, the clinical competency assessment program must be one that:
(1)iihas been requiring a clinical competency assessment for at least 10 years;
(2)iihas students who reside in this state;
(3)iihas graduates who have been considered by the Texas Board of Nursing to be eligible to apply for a registered nurse license as a result of graduating from the program on or before January 1, 2007; and
(4)iiconducts the clinical competency assessment at a facility or facilities located in this state under the supervision of a qualified clinical faculty member who is a registered nurse and who holds a master's or doctoral degree in nursing.
(d)iiConsiderations to be used in determining substantial equivalence under Subsection (c) must include the differences between the clinical competency assessment program and the supervised clinical learning experiences program in:
(1)iithe methods of evaluating students' clinical judgment and behaviors;
(2)iiperformance on standardized clinical exit evaluation tools;
(3)iithe ability of graduates to transition to and assimilate in the registered nurse's role; and
(4)iipassage rates on the National Council Licensure Examination.
(e)iiThe nursing resource section shall contract with an independent researcher to develop the research design and conduct the research. The independent researcher must be selected by a selection committee composed of:
(1)iione representative elected by a majority of the nursing advisory committee under Section 104.0155, who is the chair of the selection committee;
(2)iione representative designated by the Texas Health Care Policy Council;
(3)iithe presiding officer of the Texas Board of Nursing;
(4)iione representative of the Texas Higher Education Coordinating Board, designated by the governor;
(5)iione representative designated by the Texas Hospital Association;
(6)iione representative designated by the Texas Association of Business;
(7)iione representative designated by a clinical competency assessment program that meets the requirements of Section 301.157(d-8), Occupations Code; and
4512 81st LEGISLATURE — REGULAR SESSION
(8)iithe nurse researcher member of the nursing advisory committee under Section 104.0155.
(f)iiThe nursing resource section shall complete the study not later than June 30, 2014, and shall submit a report to the office of the governor, the Senate Committee on Health and Human Services, and the House Committee on Public Health. The report must include a research abstract prepared by the independent researcher.
(g)iiThe nursing resource section may cooperate with the Texas Board of Nursing and the Texas Higher Education Coordinating Board in conducting the study.
(h)iiThe nursing advisory committee formed under Section 104.0155 shall serve as the oversight committee for the study.
(i)iiAny data collected as part of the study that contains information identifying specific students, patients, or health care facilities is confidential, is not subject to disclosure under Chapter 552, Government Code, and may not be released unless all identifying information is removed.
(j)iiIn addition to funds appropriated by the legislature, the nursing resource section may solicit, receive, and spend grants, gifts, and donations from public or private sources for the purpose of conducting the study.
(k)iiIf grants or other funds are available through the National Council of State Boards of Nursing that could be used to fund the study, the nursing resource section shall apply for the funds to the maximum amount available up to the estimated cost of the study. In making the application or accepting the funding, the nursing resource section may not relinquish any oversight responsibility for the study, including responsibility for designing and conducting the research or developing the findings.
SECTIONi17.iiSection 301.202(b), Occupations Code, is repealed.
SECTIONi18.ii(a) The change in law made by Section 301.4521, Occupations Code, as added by this Act, applies only to an application filed with the Texas Board of Nursing on or after the effective date of this Act. An application filed before the effective date of this Act is covered by the law in effect when the application was filed, and the former law is continued in effect for that purpose.
(b)iiThe changes in law made by Section 301.4551, Occupations Code, as added by this Act, and Section 301.468, Occupations Code, as amended by this Act, apply only to a violation of an order issued by the Texas Board of Nursing on or after the effective date of this Act. A violation of an order issued by the Texas Board of Nursing before the effective date of this Act is covered by the law in effect when the order was issued, and the former law is continued in effect for that purpose.
SECTIONi19.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, 2009.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4513
HB 216 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Menendez called up with senate amendments for consideration at this time,
HB 216, A bill to be entitled An Act relating to the regulation of boarding home facilities for persons with disabilities or elderly persons and assisted living facilities.
Representative Menendez moved that the house not concur in the senate amendments and that a conference committee be requested to adjust the differences between the two houses on HB 216.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 216: Menendez, chair; Rose, Naishtat, J. Davis, and Hughes.
HB 621 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Elkins called up with senate amendments for consideration at this time,
HB 621, A bill to be entitled An Act relating to public improvement districts designated by a county or municipality.
Representative Elkins moved to concur in the senate amendments to HBi621.
The motion to concur in the senate amendments to HB 621 prevailed by (Record 1094): 135 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson; Aycock; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rose; Sheffield; Smith, T.; Smith, W.; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
4514 81st LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Corte; Crabb; Homer; Jones; Keffer; Kuempel; Smithee; Solomons.
Absent — Bolton; Martinez; Moody; Rodriguez; Shelton.
STATEMENT OF VOTE
When Record No. 1094 was taken, I was in the house but away from my desk. I would have voted yes.
Moody
Senate Committee Substitute
CSHB 621, A bill to be entitled An Act relating to public improvement districts designated by a county or municipality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 372.017(b), Local Government Code, is amended to read as follows:
(b)iiAfter all objections have been heard and the governing body has passed on the objections, the governing body by ordinance or order shall levy the assessment as a special assessment on the property. The governing body by ordinance or order shall specify the method of payment of the assessment. The governing body may provide that assessments be paid in periodic installments, at an interest rate and for a period approved by the governing body. The provision that assessments be paid in periodic installments may, but is not required to, result in level annual installment payments. The installments must be in amounts necessary to meet annual costs for improvements and must continue for:
(1)iithe [a] period necessary to retire the indebtedness on the
improvements; or
(2)iithe period approved by the governing body for the payment of the installments.
SECTIONi2.iiSection 372.018, Local Government Code, is amended to read as follows:
Sec. 372.018.iiINTEREST ON ASSESSMENT; LIEN.ii(a)iiAn assessment
bears interest at the rate specified by the governing body of the municipality or
county beginning at the time or times or on the occurrence of one or more events
specified by the governing body. If general obligation bonds, revenue bonds,
time warrants, or temporary notes are issued to finance the improvement for
which the assessment is assessed, the interest rate for that assessment [, but] may
not exceed a rate that is one-half of one percent higher than the actual interest rate
paid on the [public] debt [used to finance the improvement]. Interest on the
assessment between the effective date of the ordinance or order levying the
assessment and the date the first installment is payable shall be added to the first
installment. The interest on any delinquent installment shall be added to each
subsequent installment until all delinquent installments are paid.
(b)iiAn assessment or reassessment, with interest, the expense of collection, and reasonable attorney's fees, if incurred, is:
(1) a first and prior lien against the property assessed;
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4515
(2)[,] superior to all other liens and claims except liens or claims for
state, county, school district, or municipality ad valorem taxes;[,] and
(3) [is] a personal liability of and charge against the owners of the
property regardless of whether the owners are named.
(c) The lien is effective from the date of the ordinance or order levying the assessment until the assessment is paid.
(d)iiThe lien runs with the land and that portion of an assessment payment that has not yet come due is not eliminated by foreclosure of an ad valorem tax lien.
(e)iiThe assessment lien [and] may be enforced by the governing body in the
same manner that an ad valorem tax lien against real property may be enforced by
the governing body. Foreclosure of accrued installments does not eliminate the
outstanding principal balance of the assessment. Any purchaser of the property in
foreclosure takes the property subject to the assessment lien and any associated
obligations.
(f)iiDelinquent installments of the assessment shall incur interest, penalties,
and attorney's fees in the same manner as delinquent ad valorem taxes. The
owner of assessed property may pay at any time all or any part of the [entire]
assessment, with interest that has accrued on the assessment, on any lot or parcel.
SECTIONi3.iiSection 372.022, Local Government Code, is amended to read as follows:
Sec.i372.022.iiSEPARATE FUNDS. If bonds are issued, a [A] separate
public improvement district fund shall be created in the municipal or county
treasury for each district. Proceeds from the sale of bonds, temporary notes, and
time warrants, and other sums appropriated to the fund by the governing body of
the municipality or county shall be credited to the fund. The fund may be used
solely to pay costs incurred in making an improvement. When an improvement is
completed, the balance of the part of the assessment that is for improvements
shall be transferred to the fund established for the retirement of bonds.
SECTIONi4.iiSection 372.023, Local Government Code, is amended by amending Subsections (d), (e), (f), and (g) and adding Subsection (h) to read as follows:
(d)iiA cost payable from a special assessment that is to be paid in installments and a cost payable by the municipality or county as a whole but not payable from available general funds or other available general improvement funds shall be paid:
(1)iiunder an installment sale contract or a reimbursement agreement with the person who contracts to install or construct the improvement for which the costs apply;
(2)iias provided by a temporary note or time warrant issued by the municipality or county to reimburse a person for money advanced or work performed in connection with an improvement; or
(3)iiby the issuance and sale of revenue or general obligation bonds.
(e)iiThe net effective interest rate, as computed for a public security under Section 1204.005, Government Code, on money owed or paid under Subsection (d) may not exceed one-half of one percent above the highest average interest rate
4516 81st LEGISLATURE — REGULAR SESSION
(f) [(e)]iiWhile an improvement is in progress, the governing body of the
municipality or county, to pay the costs of the improvement, may issue temporary
notes for money advanced or time warrants to pay for work performed in
connection with [the costs of] the improvement and, on completion of the
improvement, issue revenue or general obligation bonds. The bond proceeds
may be used to repay the obligations incurred under this subsection.
(g) [(f)]iiThe cost of more than one improvement may be paid:
(1)iifrom a single issue and sale of bonds without other consolidation proceedings before the bond issue; or
(2)iiunder an agreement with a person who contracts to install or construct the improvement and who sells the improvement to the municipality or county.
(h) [(g)]iiThe costs of any improvement include interest payable on a
temporary note or time warrant and all costs incurred in connection with the
issuance of bonds under Section 372.024 and may be included in the assessments
against the property in the improvement district as provided by this subchapter.
SECTIONi5.iiSection 372.026, Local Government Code, is amended to read as follows:
Sec.i372.026.iiPLEDGES.ii(a)iiIn this section, "obligation" means bonds, temporary notes, time warrants, or an obligation under an installment sale contract or reimbursement agreement.
(b)iiFor the payment of obligations [bonds] issued or agreed to under this
subchapter and the payment of principal, interest, and any other amounts required
or permitted in connection with the obligations [bonds], the governing body of
the municipality or county may pledge all or part of the income from
improvements financed under this subchapter, including income received in
installment payments under Section 372.023.
(c) [(b)]iiPledged income must be fixed and collected in amounts sufficient,
with other pledged resources, to pay principal, interest, and other expenses related
to the obligations [bonds], and to the extent required by the ordinance, [or] order,
or agreement authorizing the obligations [bonds], to pay for the operation,
maintenance, and other expenses related to improvements authorized by this
subchapter.
(d) [(c)]iiThe obligations [bonds] may also be secured by mortgages or
deeds of trust on any real property related to the facilities authorized under this
subchapter that are owned or are to be acquired by the municipality or county and
by chattel mortgages, liens, or security interests on any personal property
appurtenant to that real property. The governing body may authorize the
execution of trust indentures, mortgages, deeds of trust, or other forms of
encumbrance [encumbrances] as evidence of the indebtedness.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4517
(e) [(d)]iiThe governing body may pledge to the payment of obligations
[bonds] all or part of a grant, donation, revenue, or income received or to be
received from the government of the United States or any other public or private
source, whether or not it is received pursuant to an agreement or otherwise.
(f)iiThe governing body may enter into an agreement with a corporation created by the municipality or county under the Texas Constitution or other law that provides for payment of amounts pledged under this section to the corporation to secure indebtedness issued by the corporation to finance an improvement project, including indebtedness to pay capitalized interest and a reserve fund permitted by this subchapter for revenue or general obligation bonds issued under this subchapter and indebtedness issued to pay the corporation's costs of issuance. In addition, the agreement may provide that:
(1)iithe corporation is responsible for managing the district; or
(2)iititle to one or more improvements will be held by the corporation.
SECTIONi6.ii(a) All acts and proceedings related to the authorization of any taxes or bonds, including acts and proceedings related to an election, by a district created under Subchapter A, Chapter 372, Local Government Code, before the effective date of this Act are validated, ratified, and confirmed in all respects as if the acts and proceedings occurred as authorized by law.
(b)iiThis section does not apply to any matter that on the effective date of this Act:
(1)iiis involved in litigation if the litigation ultimately results in the matter being held invalid by a final court judgment; or
(2)iihas been held invalid by a final court judgment.
SECTIONi7.ii(a) An installment sales contract made or attempted to be made by a county or municipality with the party constructing an improvement relating to an improvement district is validated as of the date the contract was made or attempted to be made if the contract:
(1)iiwas made or attempted to be made before the effective date of this Act; and
(2)iicomplies with Section 372.023, Local Government Code, as amended by this Act.
(b)iiThis section does not apply to any matter that on the effective date of this Act:
(1)iiis involved in litigation if the litigation ultimately results in the matter being held invalid by a final court judgment; or
(2)iihas been held invalid by a final court judgment.
SECTIONi8.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, 2009.
HB 2983 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Phillips called up with senate amendments for consideration at this time,
4518 81st LEGISLATURE — REGULAR SESSION
HB 2983, A bill to be entitled An Act relating to the electronic transmission of motor vehicle rental information in connection with the payment of tolls.
Representative Phillips moved to concur in the senate amendments to HBi2983.
The motion to concur in the senate amendments to HB 2983 prevailed by (Record 1095): 138 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson; Aycock; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Corte; Crabb; Homer; Jones; Keffer; Kuempel; Smithee; Solomons.
Absent — Bolton; Pitts.
Senate Committee Substitute
CSHB 2983, A bill to be entitled An Act relating to the electronic transmission of motor vehicle rental information in connection with the payment of tolls.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 228.055, Transportation Code, is amended by amending Subsection (d) and adding Subsection (d-1) to read as follows:
(d)iiIt is an exception to the application of Subsection (a) or (c) if the registered owner of the vehicle is a lessor of the vehicle and not later than the 30th day after the date the notice of nonpayment is mailed provides to the department:
(1)iia copy of the rental, lease, or other contract document covering the vehicle on the date of the nonpayment under Section 228.054, with the name and address of the lessee clearly legible; or
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4519
(2)iielectronic data, in a format agreed on by the department and the lessor, other than a photocopy or scan of a rental or lease contract, that contains the information required under Sections 521.460(c)(1), (2), and (3) covering the vehicle on the date of the nonpayment under Section 228.054.
(d-1)iiIf the lessor provides the required information within the period
prescribed under Subsection (d), the department may send a notice of
nonpayment to the lessee at the address provided under Subsection (d) [shown on
the contract document] by first class mail before the 30th day after the date of
receipt of the required information from the lessor.iiThe lessee of the vehicle for
which the proper toll was not paid who is mailed a written notice of nonpayment
under this subsection and fails to pay the proper toll and administrative fee within
the time specified by the notice of nonpayment commits an offense.iiThe lessee
shall pay a separate toll and administrative fee for each event of
nonpayment.iiEach failure to pay a toll or administrative fee under this subsection
is a separate offense.
SECTIONi2.iiSections 228.056(b) and (c), Transportation Code, are amended to read as follows:
(b)iiIn the prosecution of an offense under Section 228.055(c), (d-1) [(d)], or
(e):
(1)iiit is presumed that the notice of nonpayment was received on the fifth day after the date of mailing;
(2)iia computer record of the department of the registered owner of the vehicle is prima facie evidence of its contents and that the defendant was the registered owner of the vehicle when the underlying event of nonpayment under Section 228.054 occurred; and
(3)iia copy of the rental, lease, or other contract document, or the electronic data provided to the department under Section 228.055(d), covering the vehicle on the date of the underlying event of nonpayment under Section 228.054 is prima facie evidence of its contents and that the defendant was the lessee of the vehicle when the underlying event of nonpayment under Section 228.054 occurred.
(c)iiIt is a defense to prosecution under Section 228.055(c), (d-1)i[(d)], or (e)
that the motor vehicle in question was stolen before the failure to pay the proper
toll occurred and had not been recovered before the failure to pay occurred, but
only if the theft was reported to the appropriate law enforcement authority before
the earlier of:
(1)iithe occurrence of the failure to pay; or
(2)iieight hours after the discovery of the theft.
SECTIONi3.iiSection 284.0701, Transportation Code, is amended by amending Subsection (d) and adding Subsection (d-1) to read as follows:
(d)iiIt is an exception to the application of Subsection (a) or (c) if the registered owner of the vehicle is a lessor of the vehicle and not later than the 30th day after the date the notice of nonpayment is mailed provides to the authority:
4520 81st LEGISLATURE — REGULAR SESSION
(1)iia copy of the rental, lease, or other contract document covering the vehicle on the date of the nonpayment under Section 284.070, with the name and address of the lessee clearly legible; or
(2)iielectronic data, other than a photocopy or scan of a rental or lease contract, that contains the information required under Sections 521.460(c)(1), (2), and (3) covering the vehicle on the date of the nonpayment under Section 284.070.
(d-1)iiIf the lessor provides the required information within the period
prescribed under Subsection (d), the authority may send a notice of nonpayment
to the lessee at the address provided under Subsection (d) [shown on the contract
document] by first class mail before the 30th day after the date of receipt of the
required information from the lessor. The lessee of the vehicle for which the
proper toll was not paid who is mailed a written notice of nonpayment under this
subsection and fails to pay the proper toll and administrative cost within the time
specified by the notice of nonpayment commits an offense. The lessee shall pay a
separate toll and administrative cost for each event of nonpayment. Each failure
to pay a toll or administrative cost under this subsection is a separate offense.
SECTIONi4.iiSections 284.0702(b) and (c), Transportation Code, are amended to read as follows:
(b)iiIn the prosecution of an offense under Section 284.0701(c), (d-1) [(d)],
or (e):
(1)[,] a computer record of the department of the registered owner of the
vehicle is prima facie evidence of its contents and that the defendant was the
registered owner of the vehicle when the underlying event of nonpayment under
Section 284.070 occurred; and
(2)iia copy of the rental, lease, or other contract document, or the electronic data provided to the authority under Section 284.0701(d), covering the vehicle on the date of the underlying event of nonpayment under Section 284.070 is prima facie evidence of its contents and that the defendant was the lessee of the vehicle when the underlying event of nonpayment under Section 284.070 occurred.
(c)iiIt is a defense to prosecution under Section 284.0701(c), (d-1)i[(d)], or
(e) that the vehicle in question was stolen before the failure to pay the proper toll
occurred and had not been recovered before the failure to pay occurred, but only
if the theft was reported to the appropriate law enforcement authority before the
earlier of:
(1)iithe occurrence of the failure to pay; or
(2)iieight hours after the discovery of the theft.
SECTIONi5.iiSection 366.178, Transportation Code, is amended by amending Subsections (f) and (i) and adding Subsection (i-1) to read as follows:
(f)iiIn the prosecution of a violation for nonpayment, proof that the vehicle passed through a toll collection facility without payment of the proper toll together with proof that the defendant was the registered owner or the driver of the vehicle when the failure to pay occurred, establishes the nonpayment of the registered owner. The proof may be by testimony of a peace officer or authority employee, video surveillance, or any other reasonable evidence, including a copy
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4521
(i)iiA registered owner who is the lessor of a vehicle for which a notice of nonpayment has been issued is not liable if, not later than the 30th day after the date the notice of nonpayment is mailed, the registered owner provides to the authority:
(1)iia copy of the rental, lease, or other contract document [lease
agreement] covering the vehicle on the date of the nonpayment, with the[. The]
name and address of the lessee [must be] clearly legible; or
(2)iielectronic data, other than a photocopy or scan of a rental or lease contract, that contains the information required under Sections 521.460(c)(1), (2), and (3) covering the vehicle on the date of the nonpayment under this section.
(i-1)iiIf the lessor timely provides the required information under Subsection (i), the lessee of the vehicle on the date of the violation is considered to be the owner of the vehicle for purposes of this section. The lessee is subject to prosecution for failure to pay the proper toll if the authority sends a notice of nonpayment to the lessee by first-class mail not later than the 30th day after the date of the receipt of the information from the lessor.
SECTIONi6.iiSection 370.177, Transportation Code, is amended by amending Subsections (e), (g), and (i) and adding Subsection (e-1) to read as follows:
(e)iiIt is an exception to the application of Subsection (b) or (d) that the registered owner of the vehicle is a lessor of the vehicle and not later than the 30th day after the date the notice of nonpayment is mailed provides to the authority:
(1)iia copy of the rental, lease, or other contract document covering the vehicle on the date of the nonpayment under Subsection (a), with the name and address of the lessee clearly legible; or
(2)iielectronic data, other than a photocopy or scan of a rental or lease contract, that contains the information required under Sections 521.460(c)(1), (2), and (3) covering the vehicle on the date of the nonpayment under Subsection (a).
(e-1)iiIf the lessor provides the required information within the period
prescribed under Subsection (e), the authority may send a notice of nonpayment
to the lessee at the address provided under Subsection (e) [shown on the contract
document] by first class mail before the 30th day after the date of receipt of the
required information from the lessor. The lessee of the vehicle for which the
proper toll was not paid who is mailed a written notice of nonpayment under this
subsection and fails to pay the proper toll and administrative fee within the time
specified by the notice of nonpayment commits an offense. The lessee shall pay a
separate toll and administrative fee for each event of nonpayment. Each failure to
pay a toll or administrative fee under this subsection is a separate offense.
(g)iiAn offense under Subsection (d), (e-1)i[(e)], or (f) is a misdemeanor
punishable by a fine not to exceed $250.
4522 81st LEGISLATURE — REGULAR SESSION
(i)iiIn the prosecution of an offense under this section, proof that the vehicle passed through a toll collection facility without payment of the proper toll together with proof that the defendant was the registered owner or the driver of the vehicle when the failure to pay occurred, establishes the nonpayment of the registered owner.iiThe proof may be by testimony of a peace officer or authority employee, video surveillance, or any other reasonable evidence, including:
(1)iievidence obtained by automated enforcement technology that the authority determines is necessary, including automated enforcement technology described by Sections 228.058(a) and (b); or
(2)iia copy of the rental, lease, or other contract document or the electronic data provided to the authority under Subsection (e) that shows the defendant was the lessee of the vehicle when the underlying event of nonpayment occurred.
SECTIONi7.iiThis Act takes effect September 1, 2009.
HB 4127 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Hartnett called up with senate amendments for consideration at this time,
HB 4127, A bill to be entitled An Act relating to the expenditure of public funds for certain playground facilities.
Representative Hartnett moved to concur in the senate amendments to HBi4127.
The motion to concur in the senate amendments to HB 4127 prevailed by (Record 1096): 137 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson; Aycock; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4523
Absent, Excused — Anchia; Corte; Crabb; Homer; Jones; Keffer; Kuempel; Smithee; Solomons.
Absent — Bolton; Maldonado; Villarreal.
Senate Committee Substitute
CSHB 4127, A bill to be entitled An Act relating to the expenditure of public funds for certain playground facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSections 756.061(a) and (b), Health and Safety Code, are amended to read as follows:
(a)iiNotwithstanding any other rule or statute, and except [Except] as
provided by Subsection (b), on or after September 1, 2009 [1997], public funds
may not be used:
(1)iito purchase playground equipment that:
(A)iidoes not [substantially] comply with each applicable provision
of ASTM Standard F1487-07ae1, "Consumer Safety Performance Specification
for Playground Equipment for Public Use" [the Handbook for Public Playground
Safety] published [in 1994] by ASTM International; or
(B)iihas a horizontal bare metal platform or a bare metal step or
slide, unless the bare metal is shielded from direct sun by a covering provided
with the equipment or by a shaded area in the location where the equipment is
installed [the United States Consumer Product Safety Commission (Publication
No. 325)];
(2)iito purchase surfacing for the area under and around playground
equipment if the surfacing will not [substantially] comply, on completion of
installation of the surfacing, with each applicable provision of ASTM Standard
F2223-04e1, "Standard Guide for ASTM Standards on Playground Surfacing"
published by ASTM International [the handbook described by Subdivision (1)];
or
(3)iito pay for installation of playground equipment or surfacing if the
installation will not [substantially] comply, on completion of the installation, with
each applicable provision of the specifications [handbook] described by
Subdivision (1) or (2), as applicable.
(b)iiPublic funds may be used for maintenance of playground equipment or
surfacing for the area under and around playground equipment that was
purchased before September 1, 2009 [1997], even if the equipment or surfacing
does not [substantially] comply, on completion of the maintenance, with each
applicable provision of the specifications [handbook] described by Subsections
[Subsection] (a)(1) and (a)(2).
SECTIONi2.iiThis Act takes effect September 1, 2009.
HB 107 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Phillips called up with senate amendments for consideration at this time,
4524 81st LEGISLATURE — REGULAR SESSION
HB 107, A bill to be entitled An Act relating to allowing for certain criminal proceedings in the absence of certain defendants.
Representative Phillips moved to concur in the senate amendments to HBi107.
The motion to concur in the senate amendments to HB 107 prevailed by (Record 1097): 138 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson; Aycock; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Corte; Crabb; Homer; Jones; Keffer; Kuempel; Smithee; Solomons.
Absent — Bolton; Castro.
STATEMENT OF VOTE
When Record No. 1097 was taken, I was in the house but away from my desk. I would have voted yes.
Castro
Senate Committee Substitute
CSHB 107, A bill to be entitled An Act relating to allowing for certain criminal proceedings in the absence of certain defendants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiChapter 27, Code of Criminal Procedure, is amended by adding Article 27.19 to read as follows:
Art.i27.19.iiPLEA BY CERTAIN DEFENDANTS. (a)iiNotwithstanding any other provision of this code, a court shall accept a plea of guilty or nolo contendere from a defendant who is confined in a penal institution if the plea is made:
(1)iiin accordance with the procedure established by Article 27.18; or
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4525
(2)iiin writing before the appropriate court having jurisdiction in the county in which the penal institution is located, provided that:
(A)iithe defendant is notified by the court of original jurisdiction of the right to counsel and the procedures for requesting appointment of counsel, and is provided a reasonable opportunity to request a court-appointed lawyer;
(B)iiif the defendant elects to proceed without counsel, the defendant must waive the right to counsel in accordance with Article 1.051;
(C)iithe defendant must waive the right to be present at the taking of the plea or to have counsel present, if the defendant has counsel; and
(D)iiif the defendant is charged with a felony, judgment and sentence are rendered in accordance with the conditions and the procedure established by Article 42.14(b).
(b)iiIn this article, "penal institution" has the meaning assigned by Section 1.07, Penal Code.
SECTIONi2.iiArticle 42.14, Code of Criminal Procedure, is amended to read as follows:
Art.i42.14.iiIN ABSENCE OF DEFENDANT. (a) In a misdemeanor case,
the [The] judgment and sentence [in a misdemeanor case] may be rendered in the
absence of the defendant.
(b)iiIn a felony case, the judgment and sentence may be rendered in the absence of the defendant only if:
(1)iithe defendant is confined in a penal institution;
(2)iithe defendant is not charged with a felony offense:
(A)iithat is listed in Section 3g(a)(1), Article 42.12; or
(B)iifor which it is alleged that:
(i)iia deadly weapon was used or exhibited during the commission of the offense or during immediate flight from the commission of the offense; and
(ii)iithe defendant used or exhibited the deadly weapon or was a party to the offense and knew that a deadly weapon would be used or exhibited;ii
(3)iithe defendant in writing before the appropriate court having jurisdiction in the county in which the penal institution is located:
(A)iiwaives the right to be present at the rendering of the judgment and sentence or to have counsel present;
(B)iiaffirms that the defendant does not have anything to say as to why the sentence should not be pronounced and that there is no reason to prevent the sentence under Article 42.07;
(C)iistates that the defendant has entered into a written plea agreement with the attorney representing the state in the prosecution of the case; and
(D)iirequests the court to pronounce sentence in the case in accordance with the plea agreement;
(4) the defendant and the attorney representing the state in the prosecution of the case have entered into a written plea agreement that is made a part of the record in the case; and
4526 81st LEGISLATURE — REGULAR SESSION
(5)iisentence is pronounced in accordance with the plea agreement.
(c)iiA judgment and sentence may be rendered under this article in the absence of the defendant only after the defendant is notified by the court of original jurisdiction of the right to counsel and the defendant requests counsel or waives the right to counsel in accordance with Article 1.051.
(d)iiIn this article, "deadly weapon" and "penal institution" have the meanings assigned by Section 1.07, Penal Code.
(e)iiIf a defendant enters a plea of guilty or nolo contendere under Article 27.19, the attorney representing the state may request at the time the plea is entered that the defendant submit a fingerprint of the defendant suitable for attachment to the judgment. On request for a fingerprint under this subsection, the county in which the defendant is confined shall obtain a fingerprint of the defendant and use first-class mail or other means acceptable to the attorney representing the state and the county to forward the fingerprint to the court accepting the plea.
SECTIONi3.iiArticle 27.19, Code of Criminal Procedure, as added by this Act, and Article 42.14, Code of Criminal Procedure, as amended by this Act, apply to a plea entered or to a judgment and sentence rendered in a criminal case on or after the effective date of this Act, regardless of whether the offense for which the plea is entered or judgment and sentence are rendered is committed before, on, or after that date.
SECTIONi4.iiThis Act takes effect September 1, 2009.
HB 422 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Guillen called up with senate amendments for consideration at this time,
HB 422, A bill to be entitled An Act relating to information provided to a person applying for a state tax permit or license.
Representative Guillen moved to concur in the senate amendments to HBi422.
The motion to concur in the senate amendments to HB 422 prevailed by (Record 1098): 139 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Craddick; Creighton; Crownover; Darby; Davis, J.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez;
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4527
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Corte; Crabb; Homer; Jones; Keffer; Kuempel; Smithee; Solomons.
Absent — Davis, Y.
Senate Committee Substitute
CSHB 422, A bill to be entitled An Act relating to information provided to a person applying for a state tax permit or license.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter A, Chapter 111, Tax Code, is amended by adding Section 111.00457 to read as follows:
Sec.i111.00457.iiINFORMATION RELATING TO OTHER PERMIT OR LICENSE REQUIREMENTS. (a) The comptroller shall include the following statement on each application for a permit or license issued by the comptroller:
WARNING. You may be required to obtain an additional permit or license from the State of Texas or from a local governmental entity to conduct business. A listing of links relating to acquiring licenses, permits, and registrationsifromitheiState of Texas is available online at http://www.TexasOnline.com/portal/tol/en/9/1. You may also want to contact the municipality and county in which you will conduct business to determine any local governmental requirements.
(b)iiThe statement required by Subsection (a) must be placed in the applicant signature box or, if the application does not have an applicant signature box, on the last line above the applicant signature line, and in bold typeface that is at least as large as any other typeface appearing in the general instructions relating to the application.
(c)iiThe comptroller shall revise the statement required by Subsection (a) as necessary to reflect any change in the Internet address that provides the listing of links.
SECTIONi2.iiNot later than the 60th day after the effective date of this Act, the comptroller of public accounts shall modify each application for a permit or license issued by the comptroller as necessary to comply with Section 111.00457, Tax Code, as added by this Act.
SECTIONi3.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.
4528 81st LEGISLATURE — REGULAR SESSION
HB 1161 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Geren called up with senate amendments for consideration at this time,
HB 1161, A bill to be entitled An Act relating to local regulation of distance requirements for the sale and consumption of alcoholic beverages near certain establishments.
Representative Geren 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 1161.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 1161: Geren, chair; Thompson, Hamilton, Chisum, and Giddings.
HB 1294 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Eiland called up with senate amendments for consideration at this time,
HB 1294, A bill to be entitled An Act relating to certain certifications, professional designations, and education requirements regarding the sale of life insurance and annuities.
Representative Eiland moved to concur in the senate amendments to HBi1294.
The motion to concur in the senate amendments to HB 1294 prevailed by (Record 1099): 137 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton;
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4529
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Corte; Crabb; Homer; Jones; Keffer; Kuempel; Smithee; Solomons.
Absent — Burnam; Farrar; Giddings.
Senate Committee Substitute
CSHB 1294, A bill to be entitled An Act relating to certain certifications, professional designations, and education requirements regarding the sale of life insurance and annuities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. AGENT EDUCATION REQUIREMENTS
SECTIONi1.001.iiSubchapter B, Chapter 1115, Insurance Code, is amended by adding Section 1115.056 to read as follows:
Sec.i1115.056.iiAGENT EDUCATION REQUIREMENTS. (a) A resident agent that intends to sell, solicit, or negotiate a contract for an annuity in this state or to represent an insurer in relation to such an annuity must submit evidence satisfactory to the department of completion of at least four hours of training relating to annuities before soliciting individual consumers for the purpose of selling annuities.
(b)iiThe training required under Subsection (a) may be used to satisfy the continuing education requirements imposed under this code and rules adopted under this code for issuance of a license under this code.
SECTIONi1.002.iiChapter 4004, Insurance Code, is amended by adding Subchapter E to read as follows:
SUBCHAPTER E. CONTINUING EDUCATION REQUIREMENTS FOR SALE OF ANNUITIES
Sec.i4004.201.iiDEFINITION. In this subchapter, "annuity" has the meaning assigned by Section 1115.002.
Sec.i4004.202.iiREQUIRED CONTINUING EDUCATION REGARDING ANNUITIES. (a) This section applies to a resident agent who:
(1)iisells, solicits, or negotiates a contract for an annuity in this state; or
(2)iirepresents or purports to represent an insurer in relation to such an annuity.
(b)iiEach agent described by Subsection (a) must complete four hours of continuing education annually that specifically relates to annuities. The annual period under this section must be based on the agent's license expiration date or another date specified by the commissioner by rule, and the education requirement under this subsection must be met within that annual period, notwithstanding Section 4004.051(b).
(c)iiThe continuing education required under this section may be used to satisfy the continuing education requirements under Subchapter B.
4530 81st LEGISLATURE — REGULAR SESSION
Sec.i4004.203.iiPROGRAM CERTIFICATION REQUIREMENTS. (a) The commissioner by rule shall adopt criteria for continuing education programs used to satisfy the requirements of Section 4004.202. Those criteria must include:
(1)iitopics related specifically to annuities;
(2)iistate laws and rules related to annuities, including requirements adopted under Chapter 1115;
(3)iiprohibited sales practices regarding annuities;
(4)iirecognition of indicators that a prospective insured may lack the short-term memory or judgment to knowingly purchase an annuity; and
(5)iifraudulent and unfair trade practices regarding the sale of annuities.
(b)iiSubject matter determined by the commissioner to be primarily intended to promote the sale or marketing of annuities does not qualify as continuing education for purposes of this subchapter.
(c)iiSubchapter C applies to continuing education programs described by Subsection (a) and training under Section 1115.056. Any training program disapproved under Subsection (b) shall be presumed invalid for certification under Subchapter C unless the program is approved in writing by the commissioner.
SECTIONi1.003.iiThe commissioner of insurance shall adopt rules as required by Section 4004.203, Insurance Code, as added by this article, not later than December 1, 2009.
SECTIONi1.004.iiSubchapter E, Chapter 4004, Insurance Code, as added by this article, applies to continuing education requirements for insurance agents for a license issued or renewed on or after April 1, 2010.
SECTIONi1.005.iiSection 1115.056, Insurance Code, as added by this article, applies to training requirements for insurance agents for a license issued or renewed on or after April 1, 2010.
ARTICLE 2. USE OF SENIOR-SPECIFIC CERTIFICATIONS OR
PROFESSIONAL DESIGNATIONS
SECTIONi2.001.iiSubtitle A, Title 7, Insurance Code, is amended by adding Chapter 1117 to read as follows:
CHAPTER 1117.iiUSE OF SENIOR-SPECIFIC CERTIFICATIONS OR
PROFESSIONAL DESIGNATIONS
SUBCHAPTER A. GENERAL PROVISIONS
Sec.i1117.001.iiPURPOSE. The purpose of this chapter is to establish standards to protect consumers from misleading and fraudulent marketing practices with respect to the use of certain senior-specific certifications and professional designations in soliciting the sale or purchase of, or providing advice made concerning, life insurance or annuity products.
Sec.i1117.002.iiDEFINITIONS. In this chapter:
(1)ii"Insurance agent" means an agent licensed under this code to sell, solicit the sale of, or negotiate a life insurance or annuity product.
(2)ii"Senior-specific certification or professional designation" means a certification or designation that implies that an insurance agent holds a special certification or has specialized training in advising or servicing seniors regarding purchasing or selling a life insurance or annuity product.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4531
Sec.i1117.003.iiAPPLICABILITY OF CHAPTER; CONSTRUCTION WITH OTHER LAW. (a) This chapter applies to any solicitation, sale or purchase of, or advice made in connection with, a life insurance or annuity product by an insurance agent.
(b)iiNothing in this chapter may be construed to limit the commissioner's authority to enforce any other provision of this code or another law.
[Sections 1117.004-1117.050 reserved for expansion]
SUBCHAPTER B. USE OF SENIOR-SPECIFIC CERTIFICATIONS AND
PROFESSIONAL DESIGNATIONS
Sec.i1117.051.iiCERTAIN USES OF SENIOR-SPECIFIC CERTIFICATIONS AND DESIGNATIONS PROHIBITED.ii(a) An insurance agent may not, directly or indirectly, use a senior-specific certification or professional designation in such a way as to mislead a purchaser or prospective purchaser that the agent has special certification or training in advising or servicing seniors in connection with the solicitation, sale, or purchase of a life insurance or annuity product or in the provision of advice as to the value of or the advisability of purchasing or selling a life insurance or annuity product:
(1)iithrough any writing or other publication; or
(2)iiby issuing or disseminating analyses or reports related to a life insurance or annuity product.
(b)iiSubsection (a) prohibits the use of a senior-specific certification or professional designation only by an insurance agent using:
(1)iia certification or professional designation that the agent has not actually earned or for which the agent is ineligible;
(2)iia nonexistent or self-conferred certification or professional designation;
(3)iia certification or professional designation that indicates or implies a level of occupational qualification obtained through education, training, or experience that the agent has not obtained; and
(4)iia certification or professional designation that was obtained from an organization that:
(A)iiis primarily engaged in the business of instruction in sales or marketing;
(B)iidoes not have reasonable standards or procedures for:
(i)iiassuring the competency of individuals granted a certification or designation by the organization; or
(ii)iimonitoring and disciplining individuals granted a certification or designation by the organization for improper or unethical conduct; or
(C)iidoes not have reasonable continuing education requirements in order to maintain the certification or designation for individuals granted a certification or designation by the organization.
4532 81st LEGISLATURE — REGULAR SESSION
(c)iiA rebuttable presumption exists that a certification or professional designation granted by an organization described by Subsection (b)(4) is not prohibited under Subsection (a) if the certification or designation issued by the organization does not primarily apply to sales or marketing and if the organization or the certification or designation has been accredited by:
(1)iithe American National Standards Institute;
(2)iithe National Commission for Certifying Agencies;
(3)iiany organization that is included in "Accrediting Agencies Recognized for Title IV Purposes" published by the U.S. Department of Education; or
(4)iiany other national accrediting organization recognized by the commissioner.
(d)iiIn determining whether a word, a combination of words, or an acronym constitutes a senior-specific certification or professional designation, the commissioner shall consider:
(1)iithe use of one or more words such as "senior," "retirement," "elder," or similar words combined with one or more words such as "certified," "registered," "chartered," "advisor," "specialist," "consultant," "planner," or similar words, in the name of the certification or professional designation; and
(2)iithe manner in which those words are combined.
Sec.i1117.052.iiAPPLICABILITY TO CERTAIN FINANCIAL SERVICES. (a) Notwithstanding Section 1117.003, for purposes of this chapter, a job title used within an organization that is licensed or registered by a state or federal financial services regulatory agency and that indicates seniority or standing within the organization, or that specifies an individual's area of specialization within the organization, is not a senior-specific certification or professional designation unless the title is used in a manner that is likely to confuse or mislead a reasonable consumer.
(b)iiFor purposes of Subsection (a), "financial services regulatory agency" includes an agency that regulates insurers, insurance producers, broker-dealers, investment advisers, or investment companies, as defined by the Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.).
SECTIONi2.002.iiThe change in law made by this article applies only to the solicitation of, sale of, or advice made in connection with, a life insurance or annuity product by an insurance agent on or after January 1, 2010. The solicitation of, sale of, or advice made in connection with, a life insurance or annuity product by an insurance agent before January 1, 2010, is covered by the law in effect at the time the solicitation or sale was made or the advice was given, and that law is continued in effect for that purpose.
ARTICLE 3. EFFECTIVE DATE
SECTIONi3.001.iiThis Act takes effect September 1, 2009.
HB 1883 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Farabee called up with senate amendments for consideration at this time,
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4533
HB 1883, A bill to be entitled An Act relating to the authority of the Railroad Commission of Texas to determine whether certain transporters of natural or synthetic gas are gas utilities.
Representative Farabee moved to concur in the senate amendments to HBi1883.
The motion to concur in the senate amendments to HB 1883 prevailed by (Record 1100): 138 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C); Pierson.
Absent, Excused — Anchia; Corte; Crabb; Homer; Jones; Keffer; Kuempel; Smithee; Solomons.
Absent — Burnam.
Senate Committee Substitute
CSHB 1883, A bill to be entitled An Act relating to the status of certain transporters of natural or synthetic gas and liquified natural gas marine terminals as gas utilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 121.005, Utilities Code, is amended by adding Subsection (d) to read as follows:
(d)iiThe railroad commission may review a certification made by a person under Subsection (a). The railroad commission shall invite a person whose certification is being reviewed to an informal meeting to resolve the person's status under this subsection. If the person's status remains unresolved after the informal meeting and there is sufficient reason to move forward, the railroad
4534 81st LEGISLATURE — REGULAR SESSION
SECTIONi2.iiSubsection (a), Section 121.007, Utilities Code, is amended to read as follows:
(a)iiA person operating a natural gas pipeline, a liquefied natural gas pipeline, or an underground storage facility is not a gas utility if the person certifies to the railroad commission that the person uses the pipeline or underground storage facility solely to deliver natural gas or liquefied natural gas or the constituents of natural gas or liquefied natural gas:
(1)iito a liquefied natural gas marine terminal;
(2)iifrom a liquefied natural gas marine terminal to the owner of the gas
or another person on behalf of the owner of the gas; [or]
(3)iithat is acquired, liquefied, or sold by the person as necessary for the operation or maintenance of its facility that is excluded as a gas utility under this section; or
(4)iithat has been stored for export.
SECTIONi3.iiThis Act takes effect September 1, 2009.
HB 1487 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Guillen called up with senate amendments for consideration at this time,
HB 1487, A bill to be entitled An Act relating to the alignment of certain Medicaid procedures regarding written orders for diabetic equipment and supplies with comparable Medicare written order procedures.
Representative Guillen moved to concur in the senate amendments to HBi1487.
The motion to concur in the senate amendments to HB 1487 prevailed by (Record 1101): 136 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Jackson; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton;
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4535
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Corte; Crabb; Homer; Jones; Keffer; Kuempel; Smithee; Solomons.
Absent — Burnam; Dunnam; Gutierrez; Isett.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 1487 (Senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTIONi____.iiThe Health and Human Services Commission may use state money to implement Section 531.099, Government Code, as added by this Act, only if the overall cost to the state of operating the Medicaid program does not increase as a result of aligning diabetic equipment and supplies written order procedures with Medicare diabetic equipment and supplies written order procedures as required by that section.
HB 987 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Creighton called up with senate amendments for consideration at this time,
HB 987, A bill to be entitled An Act relating to competitive procurement and change order requirements for local governments.
Representative Creighton 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 987.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 987: Creighton, chair; Coleman, Flynn, Gonzalez Toureilles, and Solomons.
HB 2580 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Frost called up with senate amendments for consideration at this time,
HB 2580, A bill to be entitled An Act relating to the establishment of a peace officer employment opportunity Internet website by the Commission on Law Enforcement Officer Standards and Education.
Representative Frost moved to concur in the senate amendments to HBi2580.
4536 81st LEGISLATURE — REGULAR SESSION
The motion to concur in the senate amendments to HB 2580 prevailed by (Record 1102): 135 Yeas, 1 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Moody; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Nays — Aycock.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Corte; Crabb; Homer; Jones; Keffer; Kuempel; Smithee; Solomons.
Absent — Burnam; Eiland; Miller, S.; Morrison.
Senate Committee Substitute
CSHB 2580, A bill to be entitled An Act relating to the establishment of a peace officer employment opportunity Internet website by the Texas Workforce Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter A, Chapter 302, Labor Code, is amended by adding Section 302.016 to read as follows:
Sec.i302.016.iiPEACE OFFICER EMPLOYMENT OPPORTUNITY INTERNET WEBSITE. (a) In this section, "peace officer" has the meaning assigned by Section 1701.001, Occupations Code.
(b)iiThe commission shall develop, maintain, and promote a statewide employment opportunity Internet website to facilitate:
(1)iipublic awareness of peace officer employment opportunities with state and local law enforcement agencies; and
(2)iian exchange of information between individuals seeking employment as peace officers in this state and state and local law enforcement agencies seeking applicants for employment as peace officers.
(c)iiThe Internet website must:
(1)iibe accessible to members of the public; and
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(2)iiprovide to individuals seeking employment as peace officers and state and local law enforcement agencies that have posted employment opportunities on the website an organized means of exchanging information.
(d)iiThe commission shall contract with the Commission on Law Enforcement Officer Standards and Education to develop a license verification interface to verify whether an applicant for employment as a peace officer:
(1)iiholds a current license issued by the Commission on Law Enforcement Officer Standards and Education under Chapter 1701, Occupations Code, and, if so, the level of that license; and
(2)iihas had the applicant's license revoked or suspended by the Commission on Law Enforcement Officer Standards and Education.
(e)iiThe Commission on Law Enforcement Officer Standards and Education shall provide the commission with technical assistance in the development and testing of the license verification interface under Subsection (d).
(f)iiIf the development and operation of the Internet website and the associated license verification interface is not possible due to a lack of available funding, the commission shall:
(1)iienter into a memorandum of understanding with the Commission on Law Enforcement Officer Standards and Education to integrate a peace officer job matching database for individuals seeking employment as peace officers in this state and state and local law enforcement agencies seeking applicants for employment as peace officers into the commission's existing Labor Exchange System; and
(2)iiensure that:
(A)iithe commission registers an Internet domain name that is unique and that identifies on its face the purpose of the peace officer job matching database; and
(B)iithe registered domain name and associated link directs users of the Internet to a web page that instructs users on how to use the Labor Exchange System and includes a link to enter that system.
SECTIONi2.iiThis Act does not make an appropriation. A provision in this Act that creates a new governmental program, creates a new entitlement, or imposes a new duty on a governmental entity is not mandatory during a fiscal period for which the legislature has not made a specific appropriation to implement the provision.
SECTIONi3.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.
HB 2925 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Herrero called up with senate amendments for consideration at this time,
4538 81st LEGISLATURE — REGULAR SESSION
HB 2925, A bill to be entitled An Act relating to protections provided by the Department of Agriculture for certain consumers; providing penalties.
Representative Herrero 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 2925.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 2925: Herrero, chair; Gonzalez Toureilles, Hardcastle, Creighton, and Cohen.
HB 3358 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative S. Turner called up with senate amendments for consideration at this time,
HB 3358, A bill to be entitled An Act relating to allowing municipal or county housing authorities in certain counties to create housing communities for veterans.
Representative S. Turner moved to concur in the senate amendments to HBi3358.
The motion to concur in the senate amendments to HB 3358 prevailed by (Record 1103): 139 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Corte; Crabb; Homer; Jones; Keffer; Kuempel; Smithee; Solomons.
Absent — Burnam.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4539
Senate Committee Substitute
CSHB 3358, A bill to be entitled An Act relating to allowing municipal or county housing authorities in certain counties to create housing communities for veterans.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter D, Chapter 392, Local Government Code, is amended by adding Section 392.067 to read as follows:
Sec.i392.067.iiVETERANS HOUSING IN CERTAIN COUNTIES. (a) In this section, "veteran" means a person who has served on active duty in the armed forces of the United States or in the state military forces as defined by Section 431.001, Government Code.
(b)iiA county or municipal housing authority in a county with a population of more than 500,000 may borrow money, accept grants, and exercise its powers to provide safe and sanitary housing communities for veterans.
(c)iiAs the authority considers necessary to achieve the purposes of this chapter, an authority may enter into a lease or purchase agreement or accept a conveyance regarding real property as part of a housing project that will benefit veterans. The agreement or conveyance may include any restrictive covenants that the authority considers appropriate regarding the property. As the authority considers necessary and on the stipulation of the parties, the covenants run with the property.
(d)iiA county or municipal housing authority to which this section applies is not subject to the limitations in Section 392.014, 392.015, or 392.017 with respect to a housing project that benefits veterans as authorized by this section.
SECTIONi2.iiThis Act takes effect September 1, 2009.
HB 3391 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Harper-Brown called up with senate amendments for consideration at this time,
HB 3391, A bill to be entitled An Act relating to the continuation and functions of the Parks and Wildlife Department; changing the elements of an offense.
Representative Harper-Brown moved to concur in the senate amendments to HBi3391.
The motion to concur in the senate amendments to HB 3391 prevailed by (Record 1104): 138 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero;
4540 81st LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Corte; Crabb; Homer; Jones; Keffer; Kuempel; Smithee; Solomons.
Absent — King, T.; Orr.
Senate Committee Substitute
CSHB 3391, A bill to be entitled An Act relating to the continuation and functions of the Parks and Wildlife Department; changing the elements of an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 11.0111, Parks and Wildlife Code, is amended to read as follows:
Sec.i11.0111.iiSUNSET PROVISION. The Parks and Wildlife Department
is subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the department is abolished
September 1, 2021 [2009].
SECTIONi2.iiSection 11.012(c), Parks and Wildlife Code, is amended to read as follows:
(c)iiCommission [Three commission] members must be members of the
general public and meet the qualifications provided by Section 11.0121 [of this
code].
SECTIONi3.iiSections 11.0161(a), (b), (c), and (d), Parks and Wildlife Code, are amended to read as follows:
(a)iiThe commission shall prepare information of public interest describing
the functions of the commission [and describing the commission's procedures by
which complaints are filed with and resolved by the commission]. The
commission shall make the information available to the general public and
appropriate state agencies.
(b)iiThe department shall maintain a system to promptly and efficiently act
on complaints [file on each written complaint] filed with the department that the
department has the authority to resolve. The department shall maintain
information about parties to the complaint, the subject matter of the complaint,
[file must include:
[(1)iithe name of the person who filed the complaint;
[(2)iithe date the complaint is received by the department;
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[(3)iithe subject matter of the complaint;
[(4)iithe name of each person contacted in relation to the complaint;
[(5)]iia summary of the results of the review or investigation of the
complaint, and its disposition [; and
[(6)iian explanation of the reason the file was closed, if the department
closed the file without taking action other than to investigate the complaint].
(c)iiThe department shall make information available describing its [provide
to the person filing the complaint and to each person who is a subject of the
complaint a copy of the department's policies and] procedures for [relating to]
complaint investigation and resolution.
(d)iiThe department[, at least quarterly until final disposition of the
complaint,] shall periodically notify the [person filing the] complaint parties [and
each person who is a subject of the complaint] of the status of the complaint until
final disposition [investigation unless the notice would jeopardize an undercover
investigation].
SECTIONi4.iiSubchapter B, Chapter 11, Parks and Wildlife Code, is amended by adding Sections 11.0163, 11.0164, and 11.0174 to read as follows:
Sec.i11.0163.iiUSE OF TECHNOLOGY. The commission shall implement a policy requiring the department to use appropriate technological solutions to improve the department's ability to perform its functions. The policy must ensure that the public is able to interact with the department on the Internet.
Sec.i11.0164.iiNEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. (a)iiThe commission shall develop and implement a policy to encourage the use of:
(1)iinegotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of department rules; and
(2)iiappropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the department's jurisdiction.
(b)iiThe department's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)iiThe commission shall designate a trained person to:
(1)iicoordinate the implementation of the policy adopted under Subsection (a);
(2)iiserve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)iicollect data concerning the effectiveness of those procedures, as implemented by the department.
Sec.i11.0174.iiINTERNAL AFFAIRS OFFICE. (a)iiThe executive director shall establish the office of internal affairs.
(b)iiThe office of internal affairs has original departmental jurisdiction over all investigations of cases alleging criminal conduct:
(1)iioccurring on department property;
(2)iiengaged in by on-duty department employees; or
4542 81st LEGISLATURE — REGULAR SESSION
(3)iiengaged in by officers commissioned by the department performing off-duty work related to their official duties.
(c)iiThe office of internal affairs shall oversee and review, but need not conduct, all investigations under this section.
(d)iiAn investigation under this section may be initiated only by the executive director or the commission.
(e)iiThe executive director shall appoint the head of the office of internal affairs. The head of the office of internal affairs serves until removed by the executive director.
(f)iiThe head of the office of internal affairs shall:
(1)iireport directly to the executive director regarding performance of and activities related to investigations;
(2)iireport to the executive director for administrative purposes; and
(3)iiprovide the executive director or commission with information regarding investigations as appropriate.
(g)iiThe head of the office of internal affairs shall present at each regularly scheduled commission meeting and at other appropriate times a summary of information relating to investigations conducted under this section that includes analysis of the number, type, and outcome of investigations, trends in the investigations, and any recommendations to avoid future complaints.
SECTIONi5.iiSection 11.035, Parks and Wildlife Code, is amended by adding Subsection (c) to read as follows:
(c)iiThe department may deposit to the credit of the state parks account all revenue, less allowable costs, from the following sources:
(1)iiprivate contributions, grants, and donations received for state parks-related purposes; and
(2)iifederal funds received for state parks-related purposes.
SECTIONi6.iiSection 11.037(b), Parks and Wildlife Code, is amended to read as follows:
(b)iiThe department may [shall] deposit in the state land and water
conservation account any [all] revenue received from the federal government or
any other source for the purpose of administering programs authorized under
Sections 13.301 through 13.311 of this code.
SECTIONi7.iiSection 12.0011, Parks and Wildlife Code, is amended by adding Subsections (c) and (d) to read as follows:
(c)iiA local or state agency or private organization that receives a department recommendation or informational comment under Subsection (b) shall respond to the department in writing concerning the recommendation or comment. A response must include for each recommendation or comment provided by the department:
(1)iia description of any modification made to the proposed project, fish and wildlife resource decision, or water flow schedule resulting from the recommendation or comment;
(2)iiany other disposition of the recommendation or comment; and
(3)iias applicable, any reason the agency or organization disagreed with or did not act on or incorporate the recommendation or comment.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4543
(d)iiA response under Subsection (c):
(1)iimust be submitted to the department not later than the 90th day after the date the agency or organization makes a decision or takes other action related to the recommendation or informational comment provided by the department; and
(2)iiis public information under Chapter 552, Government Code.
SECTIONi8.iiSection 12.027, Parks and Wildlife Code, is amended to read as follows:
Sec.i12.027.iiADOPTION OF EMERGENCY RULES. If the commission or the executive director finds that there is an immediate danger to a species authorized to be regulated by the department, or that strict compliance with existing department rules would in any way prevent, hinder, or delay necessary action in coping with a disaster declared by the governor, the commission or the executive director may adopt emergency rules as provided by Chapter 2001, Government Code.
SECTIONi9.iiSection 13.310(c), Parks and Wildlife Code, is amended to read as follows:
(c)iiThe department shall deposit all funds received for the development of outdoor recreation resources in the state treasury to the credit of the state land and water conservation account, the Texas recreation and parks account, the large county and municipality recreation and parks account, or the state parks account.
SECTIONi10.iiSections 24.002, 24.003, 24.006, 24.052, 24.053, and 24.056, Parks and Wildlife Code, are amended to read as follows:
Sec.i24.002.iiTEXAS RECREATION AND PARKS ACCOUNT.iiThe
Texas recreation and parks account is a separate account in the general revenue
fund.iiMoney in the account may be used only [as provided by this subchapter]
for [grants to]:
(1)iigrants under this subchapter to a county or municipality with a
population of less than 500,000; [or]
(2)iigrants under this subchapter to any other political subdivision that is not a county or municipality; or
(3)iiplanning for, and acquisition, operation, and development of, outdoor recreation and conservation resources of this state and the administrative expenses incident to the projects or programs authorized under Subchapter D, Chapter 13.
Sec.i24.003.iACCOUNT REVENUE SOURCE; REVENUE DEDICATION. (a)iiThe department shall deposit to the credit of the Texas recreation and parks account:
(1)iian amount of money equal to 15 percent of the credits made to the department under Section 151.801, Tax Code; and
(2)iimoney from any other source authorized by law.
(b)iiThe department may deposit to the credit of the Texas recreation and parks account:
(1)iiprivate contributions, grants, and donations received in connection with this subchapter or Subchapter D, Chapter 13; and
4544 81st LEGISLATURE — REGULAR SESSION
(2)iifederal funds received in connection with this subchapter or Subchapter D, Chapter 13.
Sec.i24.006.iiFUNDS FOR GRANTS TO LOCAL GOVERNMENTS. When state revenues to the Texas recreation and parks account exceed $14 million per year, an amount not less than 15 percent shall be made available for grants to local governments for up to 50 percent of the cost of acquisition or development of indoor public recreation facilities for indoor recreation programs, sports activities, nature programs, or exhibits.
Sec.i24.052.iiLARGE COUNTY AND MUNICIPALITY RECREATION AND PARKS ACCOUNT.iiThe large county and municipality recreation and parks account is a separate account in the general revenue fund. Money in the account may be used only as provided by this subchapter or Subchapter D, Chapter 13.
Sec.i24.053.iiACCOUNT REVENUE SOURCE; DEDICATION.ii(a)iiThe department shall deposit to the credit of the large county and municipality recreation and parks account:
(1)iian amount of money equal to 10 percent of the credits made to the department under Section 151.801, Tax Code; and
(2)iimoney from any other source authorized by law.
(b)iiThe department may deposit to the credit of the large county and municipality recreation and parks account:
(1)iiprivate contributions, grants, and donations received in connection with this subchapter or Subchapter D, Chapter 13; and
(2)iifederal funds received in connection with this subchapter or Subchapter D, Chapter 13.
Sec.i24.056.iiFUNDS FOR GRANTS TO LARGE COUNTIES AND MUNICIPALITIES.iiWhen state revenue to the large county and municipality recreation and parks account exceeds $14 million per year, an amount not less than 15 percent shall be made available for grants to large counties and municipalities for up to 50 percent of the cost of acquisition or development of indoor public recreation facilities for indoor recreation programs, sports activities, nature programs, or exhibits.
SECTIONi11.iiSection 43.071(5), Parks and Wildlife Code, is amended to read as follows:
(5)ii"Pen-reared birds" means bobwhite quail, pheasant, pigeons, partridge, and mallard ducks propagated or acquired under Chapter 45 of this code.
SECTIONi12.iiSection 62.021(c), Parks and Wildlife Code, is amended to read as follows:
(c)iiThis section does not prohibit the sale of:
(1)iia live game animal, a dead or live game bird, or the feathers of a game bird if the sale is conducted under authority of a license or permit issued under this code; or
(2)iithe following inedible parts:
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(A)iian inedible part, including the feathers, bones, or feet, of a game bird other than a migratory game bird that was lawfully taken or is lawfully possessed;
(B)iithe hair, hide, antlers, bones, horns, skull, hooves, or sinew, as applicable, of a deer, pronghorn antelope, desert bighorn sheep, collared peccary or javelina, red squirrel, or gray squirrel; or
(C)iithe feathers of a migratory game bird in accordance with federal law.
SECTIONi13.iiSection 64.002(b), Parks and Wildlife Code, is amended to read as follows:
(b)iiEuropean starlings, English sparrows, and feral rock doves (Columba livia) may be killed at any time in any manner and their nests or eggs may be destroyed, and such conduct does not constitute an offense under Chapter 42, Penal Code.
SECTIONi14.iiSection 66.007, Parks and Wildlife Code, is amended by amending Subsections (b), (c), and (e) and adding Subsections (m), (n), (o), (p), (q), (r), and (s) to read as follows:
(b)iiThe department shall publish a list of:
(1)iiexotic fish and exotic[,] shellfish[, and aquatic plants] for which a
permit under Subsection (a) [of this section] is required; and
(2)iiexotic aquatic plants, as provided by this section, that are approved for importation into or possession in this state without a permit.
(c)iiThe department shall make rules to carry out the provisions of this section. In adopting rules that relate to exotic aquatic plants, the department shall strive to ensure that the rules are as permissive as possible without allowing the importation or possession of plants that pose environmental, economic, or health problems.
(e)iiIn this section:
(1)ii"Approved list" means the list published by the department under Subsection (b)(2) of exotic aquatic plants that a person may import into or possess in this state without an exotic species permit issued by the department.
(2)ii"Exotic [, exotic fish, shellfish, or] aquatic plant" means a
nonindigenous [fish, shellfish, or] aquatic plant that is not normally found in
aquatic or riparian areas [the public water] of this [the] state.
(3)ii"Exotic fish" means a nonindigenous fish that is not normally found in the public water of this state.
(4)ii"Exotic shellfish" means a nonindigenous shellfish that is not normally found in the public water of this state.
(m)iiA person may not import into or possess in this state an exotic aquatic plant unless:
(1)iithe plant is on the approved list; or
(2)iithe person has an exotic species permit issued by the department.
(n)iiIn compiling the approved list, the department shall develop a process to evaluate the potential harm that may be caused by the importation or possession of exotic aquatic plant species into this state. The process must include the use of:
4546 81st LEGISLATURE — REGULAR SESSION
(1)iia risk assessment model to help determine the potential harm of a species to the aquatic environment;
(2)iipublished scientific research findings;
(3)iifindings from regulatory agencies; or
(4)iiscientific analyses from third-party laboratories.
(o)iiThe approved list must include an exotic aquatic plant that:
(1)iiis widespread in this state; and
(2)iiis not, as determined by the department, a cause of environmental, economic, or health problems.
(p)iiThe department shall develop an expedited process for obtaining approval for inclusion on the approved list of a previously unknown exotic aquatic plant. The commission may remove an exotic aquatic plant from the approved list if the results of further analysis conducted under Subsection (n) indicate that the plant should not be on the list. The department may enact an emergency rule as provided by Chapter 2001, Government Code, to remove an exotic aquatic plant from the approved list if the plant is determined to cause environmental, economic, or health problems.
(q)iiThe commission shall exercise final approval for the inclusion of each plant on the approved list.
(r)iiIn accordance with commission rules, the department may issue an exotic species permit to a permit applicant for an exotic aquatic plant not on the approved list if the proposed use of the plant is:
(1)iias an experimental organism in a medical or other scientific research program approved by the department;
(2)iias part of an exhibit approved by the department in a public aquarium or public zoo; or
(3)iifor an appropriate use that will not result in potential environmental, economic, or health problems.
(s)iiNothing in this subchapter regarding exotic aquatic plants restricts the department's authority under this code regarding exotic harmful or potentially harmful fish or shellfish.
SECTIONi15.iiSection 66.0071, Parks and Wildlife Code, is amended to read as follows:
Sec.i66.0071.iiREMOVAL OF HARMFUL AQUATIC PLANTS. On
leaving any public or private body of water in this state, a person shall
immediately remove and lawfully dispose of any exotic [harmful or potentially
harmful] aquatic plant not included on the approved list published under Section
66.007(b)(2) that is clinging or attached to the person's:
(1)iivessel or watercraft; or
(2)iitrailer, motor vehicle, or other mobile device used to transport or launch a vessel or watercraft.
SECTIONi16.iiTitle 6, Parks and Wildlife Code, is amended by adding Chapter 92 to read as follows:
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4547
CHAPTER 92. INTERSTATE WILDLIFE VIOLATOR COMPACT
Sec.i92.001.iiMEMBERSHIP IN INTERSTATE WILDLIFE VIOLATOR COMPACT. (a)iiOn behalf of this state, the commission may enter into the Interstate Wildlife Violator Compact.
(b)iiIf necessary to protect the interests of this state, the commission may withdraw from the Interstate Wildlife Violator Compact in accordance with the terms of the compact.
(c)iiThe commission may take all actions necessary to implement this chapter, including the adoption of rules and the delegation of authority to the director.
SECTIONi17.ii(a)iiThe Parks and Wildlife Department and the Texas Youth Commission jointly shall seek representation by the attorney general to pursue a modification of the terms and purposes of the Parrie Haynes Trust.
(b)iiThe legislature intends that a modification of the terms and purposes of the Parrie Haynes Trust be pursued so that:
(1)iithe department may be designated as the state agency responsible for the trust, including all trust property and investments, and rights associated with the trust;
(2)iicontrol of the Parrie Haynes Ranch may be transferred to the department; and
(3)iithe purposes of the trust may be appropriately expanded to include benefiting disadvantaged and other youths of this state.
(c)iiThis section expires on the earlier of:
(1)iithe date a court orders modification of the Parrie Haynes Trust in accordance with this section; or
(2)iiSeptember 1, 2021.
SECTIONi18.iiThe change in law made by this Act in the qualifications of the members of the Parks and Wildlife Commission does not affect the entitlement of a person serving as a member of the commission immediately before September 1, 2009, to continue to carry out the functions of the person's office for the remainder of the person's term. The change in law applies only to a person appointed on or after September 1, 2009. This Act does not prohibit a person who is a member of the Parks and Wildlife Commission immediately before September 1, 2009, from being reappointed as a commission member if the person has the qualifications required for the position under Chapter 11, Parks and Wildlife Code, as amended by this Act.
SECTIONi19.iiThe change in law made by this Act to Section 11.0161, Parks and Wildlife Code, applies only to a complaint filed with the Parks and Wildlife Commission or the Parks and Wildlife Department on or after September 1, 2009. A complaint filed before September 1, 2009, is governed by the law in effect at the time the complaint was filed, and the former law is continued in effect for that purpose.
SECTIONi20.iiSection 12.0011(c), Parks and Wildlife Code, as added by this Act, applies only to a recommendation or informational comment received by a local or state governmental agency from the Parks and Wildlife Department on or after September 1, 2009. A recommendation or informational comment
4548 81st LEGISLATURE — REGULAR SESSION
SECTIONi21.iiSection 62.021(c), Parks and Wildlife Code, as amended by this Act, applies to any sale of inedible parts of an animal or bird occurring on or after the effective date of this Act, regardless of the date the parts were acquired by the seller.
SECTIONi22.ii(a) Not later than December 31, 2010, the Parks and Wildlife Department shall publish the initial list of approved exotic aquatic plants as provided by Section 66.007(b), Parks and Wildlife Code, as amended by this Act.
(b)iiThe Parks and Wildlife Department may not enforce the permit requirements or prohibited actions regarding exotic aquatic plants that are not on the approved list under Section 66.007(b), Parks and Wildlife Code, as amended by this Act, before the date on which the list is published.
(c)iiThe Parks and Wildlife Department shall continue to publish a list of harmful or potentially harmful exotic aquatic plants for which a permit under Section 66.007(a), Parks and Wildlife Code, is required until the date on which the initial list of approved exotic aquatic plants is published. The department is not required to maintain or publish the list of harmful or potentially harmful exotic aquatic plants after the date on which the list of approved exotic aquatic plants is published.
(d)iiThe Parks and Wildlife Department shall continue to enforce Section 66.007, Parks and Wildlife Code, with regard to harmful or potentially harmful exotic aquatic plants that are included on the list for which a permit is required under that section as it existed immediately before the effective date of this Act, and that law is continued in effect until the date on which the department publishes the initial list of approved exotic aquatic plants.
(e)iiThe provisions of Section 66.007, Parks and Wildlife Code, as amended by this Act, regarding harmful or potentially harmful exotic aquatic plants apply only to an offense that occurs on or after the date on which the Parks and Wildlife Department publishes the initial list of approved exotic aquatic plants. An offense that occurs before the date on which the initial list of approved exotic aquatic plants is published is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose. For purposes of this subsection, an offense is committed before the date on which the initial list of approved exotic aquatic plants is published if any element of the offense occurs before that date.
(f)iiThe Parks and Wildlife Department may not enforce the permit requirements or prohibited actions regarding exotic aquatic plants on the list of harmful or potentially harmful plants under Section 66.007, Parks and Wildlife Code, as that section existed before amendment by this Act, after the date on which the list of approved exotic aquatic plants is published.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4549
(g)iiSection 66.0071, Parks and Wildlife Code, as amended by this Act, applies only to a person who takes a vessel or watercraft out of a public or private body of water in this state on or after the date the Parks and Wildlife Department publishes the initial list of approved exotic aquatic plants under Section 66.007(b), Parks and Wildlife Code, as amended by this Act. A person who takes a vessel or watercraft out of a public or private body of water in this state before the date the list of approved exotic aquatic plants is published is governed by the law in effect on the date the vessel or watercraft is taken out of the water, and the former law remains in effect for that purpose.
SECTIONi23.iiThis Act takes effect September 1, 2009.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend CSHB 3391 (Senate committee report) in SECTION 7 of the bill, in amended Section 12.0011, Parks and Wildlife Code, as follows:
(1)iiOn page 3, line 7, strike "A local or state agency or private organization" and substitute "An agency with statewide jurisdiction".
(2)iiOn page 3, lines 17 and 18, strike "or organization".
(3)iiOn page 3, line 22, strike "or organization".
HB 675 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Bonnen called up with senate amendments for consideration at this time,
HB 675, A bill to be entitled An Act relating to a retired status license for an optometrist or therapeutic optometrist practicing voluntary charity care.
Representative Bonnen moved to concur in the senate amendments to HBi675.
The motion to concur in the senate amendments to HB 675 prevailed by (Record 1105): 139 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose;
4550 81st LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Corte; Crabb; Homer; Jones; Keffer; Kuempel; Smithee; Solomons.
Absent — Hardcastle.
Senate Committee Substitute
CSHB 675, A bill to be entitled An Act relating to a retired status license for an optometrist or therapeutic optometrist practicing voluntary charity care.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter F, Chapter 351, Occupations Code, is amended by adding Section 351.265 to read as follows:
Sec.i351.265.iiRETIRED STATUS.i (a)iiThe board by rule may allow a license holder to place the person's license on retired status. A license holder must apply to the board for retired status, on a form prescribed by the board, before the expiration date of the person's license.
(b)iiIn determining whether to grant retired status, the board shall consider the age, years of practice, and status of the license holder at the time of the application.
(c)iiA license holder on retired status:
(1)iimust pay a license renewal fee in an amount equal to the renewal fee for a license on inactive status; and
(2)iiexcept as provided by Subsection (f), may not perform any activity regulated under this chapter.
(d)iiTo reinstate a license placed on retired status, the license holder must submit a written request for reinstatement to the board. The board may return the license to active status and issue a renewal license if the license holder complies with any education or other requirement established by board rule and pays the renewal fee in effect at the time of the requested reinstatement.
(e)iiThe board may charge a reasonable administrative fee to cover the cost of research and the preparation of documentation for the board's consideration of a request for reinstatement of a license on retired status.
(f)iiA license holder on retired status may perform an activity regulated under this chapter if the license holder's practice consists only of voluntary charity care, as defined by board rule.iiThe board's rules under this subsection must prescribe the scope of practice permitted for the license holder, the license holder's authority to prescribe and administer drugs, and any continuing education requirements applicable to the license holder. The scope of practice of a license holder on retired status may not be greater than the scope of practice of the same license holder on active status.
SECTIONi2.iiSubchapter G, Chapter 351, Occupations Code, is amended by adding Section 351.3065 to read as follows:
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Sec.i351.3065.iiRENEWAL OF EXPIRED LICENSE BY RETIRED OPTOMETRIST OR THERAPEUTIC OPTOMETRIST. The board may renew the license of a person whose license has been expired for one year or more without requiring the person to comply with the requirements and procedures for an original license if the person places the person's renewed license on retired status and confines the person's practice solely to voluntary charity care under Section 351.265(f).
SECTIONi3.iiNot later than December 1, 2009, the Texas Optometry Board shall adopt rules necessary to implement the changes in law made by this Act.
SECTIONi4.ii(a) Section 351.265, Occupations Code, as added by this Act, applies to an application for retired status filed on or after January 1, 2010.
(b)iiSection 351.3065, Occupations Code, as added by this Act, applies to an application for renewal of an expired license filed on or after January 1, 2010.
SECTIONi5.iiThis Act takes effect September 1, 2009.
HB 4149 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Rose called up with senate amendments for consideration at this time,
HB 4149, A bill to be entitled An Act relating to a study and report by the Texas Higher Education Coordinating Board regarding achievable cost-saving measures at public institutions of higher education.
Representative Rose moved to concur in the senate amendments to HBi4149.
The motion to concur in the senate amendments to HB 4149 prevailed by (Record 1106): 138 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
4552 81st LEGISLATURE — REGULAR SESSION
Absent, Excused — Anchia; Corte; Crabb; Homer; Jones; Keffer; Kuempel; Smithee; Solomons.
Absent — Hamilton; Kent.
Senate Committee Substitute
CSHB 4149, A bill to be entitled An Act relating to certain studies and reports by the Texas Higher Education Coordinating Board regarding achievable cost-saving measures and the use and availability of electronic textbooks at institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter C, Chapter 61, Education Code, is amended by adding Section 61.0664 to read as follows:
Sec.i61.0664.iiSTUDY OF ACHIEVABLE COST-SAVING MEASURES; REPORT. (a) The board shall conduct a study to identify achievable cost-saving measures in the management and operation of institutions of higher education.
(b)iiNot later than January 31, 2011, the board shall report the results of the study required by Subsection (a) to the governor, lieutenant governor, speaker of the house of representatives, and presiding officer for each legislative standing committee with primary jurisdiction over higher education. The report must include:
(1)iithe board's recommendations concerning cost-saving measures that are achievable at institutions of higher education; and
(2)iian estimate of the amount of money that would be saved during a five-year period through the implementation of each recommendation.
(c)iiThis section expires January 31, 2011.
SECTIONi2.iiSubchapter C, Chapter 61, Education Code, is amended by adding Section 61.0665 to read as follows:
Sec.i61.0665.iiSTUDY ON USE AND AVAILABILITY OF ELECTRONIC TEXTBOOKS. (a) The board shall conduct a study and recommend policies regarding the use and availability of electronic textbooks in higher education in this state and in other states. The study and policy recommendations must include a specific focus on the results of the pilot program implemented by The University of Texas at Austin with respect to the use of electronic textbooks and must address methods for encouraging the use of electronic textbooks at public or private institutions of higher education in this state.
(b)iiEach student regent serving under Section 51.355 or 51.356 shall assist the board in performing the board's duties under Subsection (a). The board shall establish procedures to assist a student regent in complying with this subsection.
(c)iiThe board may solicit and accept gifts and grants from any public or private source to conduct the study and develop policy recommendations under this section.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4553
(d)iiNot later than December 1, 2010, the board shall make an initial report and recommendations based on the study to the governor, lieutenant governor, speaker of the house of representatives, and presiding officer of each legislative standing committee with primary jurisdiction over higher education. This subsection expires January 31, 2011.
SECTIONi3.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.
HB 4779 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Gattis called up with senate amendments for consideration at this time,
HB 4779, A bill to be entitled An Act relating to the powers and duties of the 3 B&J Municipal Utility District; providing authority to impose a tax and issue bonds.
Representative Gattis moved to concur in the senate amendments to HBi4779.
The motion to concur in the senate amendments to HB 4779 prevailed by (Record 1107): 138 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson; Aycock; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Kent; King, P.; King, S.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Corte; Crabb; Homer; Jones; Keffer; Kuempel; Smithee; Solomons.
Absent — Bolton; King, T.
4554 81st LEGISLATURE — REGULAR SESSION
Senate Committee Substitute
CSHB 4779, A bill to be entitled An Act relating to the powers and duties of the 3 B&J Municipal Utility District; providing authority to impose a tax and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter C, Chapter 8221, Special District Local Laws Code, is amended by adding Sections 8221.109, 8221.110, and 8221.111 to read as follows:
Sec.i8221.109.iiAUTHORITY FOR ROAD PROJECTS. Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, improve, operate, maintain, and convey to this state, a county, or a municipality for operation and maintenance macadamized, graveled, or paved roads, or improvements, including storm drainage, in aid of those roads.
Sec.i8221.110.iiROAD STANDARDS AND REQUIREMENTS. (a) A road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction the road project is located.
(b)iiIf a road project is not located in the corporate limits or extraterritorial jurisdiction of a municipality, the road project must meet all applicable construction standards, subdivision requirements, and regulations of each county in which the road project is located.
(c)iiIf the state will maintain and operate the road, the Texas Transportation Commission must approve the plans and specifications of the road project.
Sec.i8221.111.iiLIMITATION ON USE OF EMINENT DOMAIN. The district may not exercise the power of eminent domain outside the district to acquire a site or easement for a road project authorized by Section 8221.109.
SECTIONi2.iiSection 8221.201, Special District Local Laws Code, is amended to read as follows:
Sec.i8221.201.iiAUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS.iiThe district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose, including a purpose described by Section 8221.109.
SECTIONi3.iiSubchapter E, Chapter 8221, Special District Local Laws Code, is amended by adding Section 8221.203 to read as follows:
Sec.i8221.203.iiBONDS FOR ROAD PROJECTS. (a) At the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of the real property in the district.
(b)iiThe district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose.
SECTIONi4.ii(a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons,
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4555
(b)iiThe governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.
(c)iiThe Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.
(d)iiAll requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.
SECTIONi5.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.
HB 1257 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Legler called up with senate amendments for consideration at this time,
HB 1257, A bill to be entitled An Act relating to the payment in installments of ad valorem taxes on certain property owned by a business entity and located in a disaster area.
Representative Legler moved to concur in the senate amendments to HBi1257.
The motion to concur in the senate amendments to HB 1257 prevailed by (Record 1108): 137 Yeas, 0 Nays, 2 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Kent; King, P.; King, S.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
4556 81st LEGISLATURE — REGULAR SESSION
Present, not voting — Mr. Speaker(C); Hopson.
Absent, Excused — Anchia; Corte; Crabb; Homer; Jones; Keffer; Kuempel; Smithee; Solomons.
Absent — King, T.; Martinez.
Senate Amendment No. 1 (Senate Floor Amendment No. 1)
Amend HB 1257 (Senate committee printing) by adding the following SECTION to the bill, appropriately numbered, and renumbering existing SECTIONS accordingly:
SECTIONi____.ii(a) Subchapter B, Chapter 11, Tax Code, is amended by adding Section 11.135 to read as follows:
Sec.i11.135.iiCONTINUATION OF RESIDENCE HOMESTEAD EXEMPTION WHILE REPLACEMENT STRUCTURE IS CONSTRUCTED; SALE OF PROPERTY. (a) If a qualified residential structure for which the owner receives an exemption under Section 11.13 is rendered uninhabitable or unusable by a casualty or by wind or water damage, the owner may continue to receive the exemption for the structure and the land and improvements used in the residential occupancy of the structure while the owner constructs a replacement qualified residential structure on the land if the owner does not establish a different principal residence for which the owner receives an exemption under Section 11.13 during that period and intends to return and occupy the structure as the owner's principal residence. To continue to receive the exemption, the owner must begin active construction of the replacement qualified residential structure or other physical preparation of the site on which the structure is to be located not later than the first anniversary of the date the owner ceases to occupy the former qualified residential structure as the owner's principal residence. The owner may not receive the exemption for that property under the circumstances described by this subsection for more than two years.
(b)iiFor purposes of Subsection (a), the site of a replacement qualified residential structure is under physical preparation if the owner has engaged in architectural or engineering work, soil testing, land clearing activities, or site improvement work necessary for the construction of the structure or has conducted an environmental or land use study relating to the construction of the structure.
(c)iiIf an owner receives an exemption for property under Section 11.13 under the circumstances described by Subsection (a) and sells the property before the owner completes construction of a replacement qualified residential structure on the property, an additional tax is imposed on the property equal to the difference between the taxes imposed on the property for each of the years in which the owner received the exemption and the tax that would have been imposed had the owner not received the exemption in each of those years, plus interest at an annual rate of seven percent calculated from the dates on which the differences would have become due.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4557
(d)iiA tax lien attaches to property on the date a sale under the circumstances described by Subsection (c) occurs to secure payment of the additional tax and interest imposed by that subsection and any penalties incurred. The lien exists in favor of all taxing units for which the additional tax is imposed.
(e)iiA determination that a sale of property under the circumstances described by Subsection (c) has occurred is made by the chief appraiser. The chief appraiser shall deliver a notice of the determination to the owner of the property as soon as possible after making the determination and shall include in the notice an explanation of the owner's right to protest the determination. If the owner does not file a timely protest or if the final determination of the protest is that the additional taxes are due, the assessor for each taxing unit shall prepare and deliver a bill for the additional taxes plus interest as soon as practicable. The taxes and interest are due and become delinquent and incur penalties and interest as provided by law for ad valorem taxes imposed by the taxing unit if not paid before the next February 1 that is at least 20 days after the date the bill is delivered to the owner of the property.
(f)iiThe sanctions provided by Subsection (c) do not apply if the sale is:
(1)iifor right-of-way; or
(2)iito this state or a political subdivision of this state to be used for a public purpose.
(g)iiThe comptroller shall adopt rules and forms to implement this section.
(b)iiSection 11.26, Tax Code, is amended by adding Subsections (n) and (o) to read as follows:
(n)iiNotwithstanding Subsection (c), the limitation on tax increases required by this section does not expire if the owner of the structure qualifies for an exemption under Section 11.13 under the circumstances described by Section 11.135(a).
(o)iiNotwithstanding Subsections (a), (a-3), and (b), an improvement to property that would otherwise constitute an improvement under Subsection (b) is not treated as an improvement under that subsection if the improvement is a replacement structure for a structure that was rendered uninhabitable or unusable by a casualty or by wind or water damage. For purposes of appraising the property in the tax year in which the structure would have constituted an improvement under Subsection (b), the replacement structure is considered to be an improvement under that subsection only if:
(1)iithe square footage of the replacement structure exceeds that of the replaced structure as that structure existed before the casualty or damage occurred; or
(2)iithe exterior of the replacement structure is of higher quality construction and composition than that of the replaced structure.
(c)iiSection 11.261, Tax Code, is amended by adding Subsections (l) and (m) to read as follows:
(l)iiNotwithstanding Subsection (d), a limitation on county, municipal, or junior college district tax increases provided by this section does not expire if the owner of the structure qualifies for an exemption under Section 11.13 under the circumstances described by Section 11.135(a).
4558 81st LEGISLATURE — REGULAR SESSION
(m)iiNotwithstanding Subsections (b) and (c), an improvement to property that would otherwise constitute an improvement under Subsection (c) is not treated as an improvement under that subsection if the improvement is a replacement structure for a structure that was rendered uninhabitable or unusable by a casualty or by wind or water damage. For purposes of appraising the property in the tax year in which the structure would have constituted an improvement under Subsection (c), the replacement structure is considered to be an improvement under that subsection only if:
(1)iithe square footage of the replacement structure exceeds that of the replaced structure as that structure existed before the casualty or damage occurred; or
(2)iithe exterior of the replacement structure is of higher quality construction and composition than that of the replaced structure.
(d)iiSection 23.23(f), Tax Code, is amended to read as follows:
(f)iiNotwithstanding Subsections (a) and (e) and except as provided by
Subdivision (2), an improvement to property that would otherwise constitute a
new improvement is not treated as a new improvement if the improvement is a
replacement structure for a structure that was rendered uninhabitable or unusable
by a casualty or by wind [mold] or water damage. For purposes of appraising the
property under Subsection (a) in the tax year in which the structure would have
constituted a new improvement:
(1)iithe appraised value the property would have had in the preceding
tax [last] year if the casualty or damage had not occurred [in which the property
was appraised for taxation before the casualty or damage occurred] is considered
to be the appraised value of the property for that year, regardless of whether that
appraised value exceeds the actual appraised value of the property for that year as
limited by Subsection (a) [last year in which the property was appraised for
taxation for purposes of Subsection (a)(2)(A)]; and
(2)iithe replacement structure is considered to be a new improvement only if:
(A)iithe square footage of the replacement structure exceeds that of
[to the extent it is a significant improvement over] the replaced structure as that
structure existed before the casualty or damage occurred; or
(B)iithe exterior of the replacement structure is of higher quality construction and composition than that of the replaced structure.
(e)iiThis section applies only to ad valorem taxes imposed for a tax year beginning on or after the effective date of this Act.
HB 4102 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Eiland called up with senate amendments for consideration at this time,
HB 4102, A bill to be entitled An Act relating to the disaster contingency fund.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4559
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 4102.
The motion prevailed.
The chair announced the appointment of the following conference committee, on the part of the house, on HB 4102: Eiland, chair; McCall, Taylor, Ritter, and Ortiz.
HB 1113 - HOUSE CONCURS IN SENATE AMENDMENTS
TEXT OF SENATE AMENDMENTS
Representative Zerwas called up with senate amendments for consideration at this time,
HB 1113, A bill to be entitled An Act relating to the powers and duties of the Fort Bend County Municipal Utility District No. 194; providing authority to impose a tax and issue bonds.
Representative Zerwas moved to concur in the senate amendments to HBi1113.
The motion to concur in the senate amendments to HB 1113 prevailed by (Record 1109): 139 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson; Aycock; Berman; Bohac; Bolton; Bonnen; Branch; Brown, B.; Brown, F.; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Gutierrez; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pierson; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Corte; Crabb; Homer; Jones; Keffer; Kuempel; Smithee; Solomons.
Absent — Burnam.
4560 81st LEGISLATURE — REGULAR SESSION
Senate Committee Substitute
CSHB 1113, A bill to be entitled An Act relating to the powers and duties of the Fort Bend County Municipal Utility District No. 194; providing authority to impose a tax and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 8317 to read as follows:
CHAPTER 8317. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 194
SUBCHAPTER A. GENERAL PROVISIONS
Sec.i8317.001.iiDEFINITION. In this chapter, "district" means the Fort Bend County Municipal Utility District No. 194.
Sec.i8317.002.iiNATURE AND PURPOSES OF DISTRICT. (a) The district is a municipal utility district created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
(b)iiThe district is essential to accomplish the purposes of Section 52, Article III, Texas Constitution, that relate to the construction, acquisition, or improvement of macadamized, graveled, or paved roads described by Section 54.234, Water Code, or improvements, including storm drainage, in aid of those roads.
[Sections 8317.003-8317.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES
Sec.i8317.051.iiGENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes described by Section 8317.002.
Sec.i8317.052.iiMUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. The district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.
Sec.i8317.053.iiAUTHORITY FOR ROAD PROJECTS. (a) Under Section 52, Article III, Texas Constitution, the district may design, acquire, construct, finance, issue bonds for, improve, and convey to this state, a county, or a municipality for operation and maintenance macadamized, graveled, or paved roads described by Section 54.234, Water Code, or improvements, including storm drainage, in aid of those roads.
(b)iiThe district may exercise the powers provided by this section without submitting a petition to or obtaining approval from the Texas Commission on Environmental Quality as required by Section 54.234, Water Code.
Sec.i8317.054.iiAPPROVAL OF ROAD PROJECT. (a) The district may not undertake a road project authorized by Section 8317.053 unless:
(1)iieach municipality or county that will operate and maintain the road has approved the plans and specifications of the road project, if a municipality or county will operate and maintain the road; or
(2)iithe Texas Transportation Commission has approved the plans and specifications of the road project, if the state will operate and maintain the road.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4561
(b)iiExcept as provided by Subsection (a), the district is not required to obtain approval from the Texas Transportation Commission to design, acquire, construct, finance, issue bonds for, improve, or convey a road project.
Sec.i8317.055.iiLIMITATION ON USE OF EMINENT DOMAIN. The district may not exercise the power of eminent domain outside the district to acquire a site or easement for a road project authorized by Section 8317.053.
[Sections 8317.056-8317.100 reserved for expansion]
SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
Sec.i8317.101.iiAUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources, to pay for a road project authorized by Section 8317.053.
(b)iiThe district may not issue bonds payable from ad valorem taxes to finance a road project unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election held for that purpose.
(c)iiAt the time of issuance, the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes may not exceed one-fourth of the assessed value of the real property in the district.
Sec.i8317.102.iiTAXES FOR BONDS. At the time the district issues bonds payable wholly or partly from ad valorem taxes, the district shall provide for the annual imposition of a continuing direct ad valorem tax, without limit as to rate or amount, while all or part of the bonds are outstanding as required and in the manner provided by Sections 54.601 and 54.602, Water Code.
SECTIONi2.iiThe Fort Bend County Municipal Utility District No. 194 retains all the rights, powers, privileges, authority, duties, and functions that it had before the effective date of this Act.
SECTIONi3.ii(a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.
(b)iiThe governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.
(c)iiThe Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.
(d)iiAll requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.
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, 2009.
4562 81st LEGISLATURE — REGULAR SESSION
SB 562 - ADOPTION OF CONFERENCE COMMITTEE REPORT
Representative Bonnen submitted the conference committee report on SBi562.
Representative Bonnen moved to adopt the conference committee report on SBi562.
The motion to adopt the conference committee report on SBi562 prevailed by (Record 1110): 135 Yeas, 0 Nays, 1 Present, not voting.
Yeas — Allen; Alonzo; Alvarado; Anderson; Aycock; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Button; Callegari; Castro; Chavez; Chisum; Christian; Cohen; Coleman; Cook; Craddick; Creighton; Crownover; Darby; Davis, J.; Davis, Y.; Deshotel; Driver; Dukes; Dutton; Edwards; Eiland; Eissler; Elkins; England; Farabee; Farias; Farrar; Fletcher; Flores; Flynn; Frost; Gallego; Gattis; Geren; Giddings; Gonzales; Gonzalez Toureilles; Guillen; Hamilton; Hancock; Hardcastle; Harless; Harper-Brown; Hartnett; Heflin; Hernandez; Herrero; Hilderbran; Hochberg; Hodge; Hopson; Howard, C.; Howard, D.; Hughes; Hunter; Isett; Jackson; Kent; King, P.; King, S.; King, T.; Kleinschmidt; Kolkhorst; Laubenberg; Legler; Leibowitz; Lewis; Lucio; Madden; Maldonado; Mallory Caraway; Marquez; Martinez; Martinez Fischer; McCall; McClendon; McReynolds; Merritt; Miklos; Miller, D.; Miller, S.; Moody; Morrison; Naishtat; Oliveira; Olivo; Orr; Ortiz; Otto; Parker; Patrick; Paxton; Peña; Phillips; Pickett; Pitts; Quintanilla; Raymond; Riddle; Rios Ybarra; Ritter; Rodriguez; Rose; Sheffield; Shelton; Smith, T.; Smith, W.; Strama; Swinford; Taylor; Thibaut; Thompson; Truitt; Turner, C.; Turner, S.; Vaught; Veasey; Villarreal; Vo; Walle; Weber; Woolley; Zerwas.
Present, not voting — Mr. Speaker(C).
Absent, Excused — Anchia; Corte; Crabb; Homer; Jones; Keffer; Kuempel; Smithee; Solomons.
Absent — Bolton; Dunnam; Gutierrez; Menendez; Pierson.
LOCAL, CONSENT, AND RESOLUTIONS CALENDAR
(consideration continued)
(Speaker pro tempore in the chair)
SB 1403 (Smithee - House Sponsor), A bill to be entitled An Act relating to changing the Texas Health Insurance Risk Pool to the Texas Health Insurance Pool, and to the operation of that pool.
SB 1474 (McReynolds - House Sponsor), A bill to be entitled An Act relating to compensation for certain emergency services personnel.
SB 1485 (Bolton - House Sponsor), A bill to be entitled An Act relating to the sale of surplus or salvage property and firefighting equipment by an emergency services district.
SB 1514 (Phillips - House Sponsor), A bill to be entitled An Act relating to child support arrearages and a credit based on certain disability payments.
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4563
SB 1522 (Quintanilla, Chavez, Pickett, Marquez, and Moody - House Sponsors), A bill to be entitled An Act relating to the exemption of certain school districts from the drainage charge imposed by a municipal drainage utility system.
(Marquez in the chair)
CSSB 1526 (Pickett - House Sponsor), A bill to be entitled An Act relating to the composition, administration, and duties, including reporting requirements, of the Border Health Institute.
SB 1571 (Herrero - House Sponsor), A bill to be entitled An Act relating to the issuance of certain permits for overweight vehicles.
(Peña in the chair)
SB 1574 (Marquez - House Sponsor), A bill to be entitled An Act relating to the requirement that the county clerk of certain counties prepare a written records management and preservation services plan.
SB 1575 (Martinez - House Sponsor), A bill to be entitled An Act relating to the random assignment of criminal and civil cases in district courts in Hidalgo County.
CSSB 1586 (Phillips - House Sponsor), A bill to be entitled An Act relating to the establishment of a shared database for deer breeder reporting requirements. (Flynn recorded voting no.)
SB 1617 (W. Smith - House Sponsor), A bill to be entitled An Act relating to the titling and registration of certain motor vehicles.
(Speaker pro tempore in the chair)
PARLIAMENTARY INQUIRY
REPRESENTATIVE DUNNAM: At the beginning of the day today, or thereabouts, I asked that the chair give notice of my intent to bring up SBi1007 by Isett, which is the TDI, or Department of Insurance, sunset bill, and also SBi469 by Flores, which is the disabled veterans' tax exemption bill. There was some confusion. In part, I misstated the number. We cleared up that confusion, and the chair sustained points of order on those two. My understanding—and I've spoken with the chair repeatedly—but my understanding is, I'd been unable to be recognized to suspend the rules to bring up those two bills out of order today because there has been a list of members who signed a document objecting to bring up SB 1007, the Texas Department of Insurance sunset bill, and also SBi469 by Flores, the disabled veterans' tax exemption bill. Those members have objected to taking those two bills out of order and considering them today. Is that correct?
SPEAKER PRO TEMPORE: That is correct.
DUNNAM: Could I have the names of those members, who objected and have prevented those bills from being taken up for a vote on suspension, placed in the journal, at this spot in the journal?
4564 81st LEGISLATURE — REGULAR SESSION
SPEAKER PRO TEMPORE: Yes.
DUNNAM: And can I––
SPEAKER PRO TEMPORE: Are you making a motion to put the names in the journal?
DUNNAM: And also, that my parliamentary exchange with you at this time be reduced to writing and placed in the journal so it's clear the members that did not want to take up these bills.
REMARKS AND NAMES ORDERED PRINTED
Representative Dunnam moved to print remarks between the speaker pro tempore and Representative Dunnam and the names of the members who gave the chair notice of a standing objection to suspending the regular order of business for Sunday, May 24.
The motion prevailed.
The following members gave notice of a standing objection, to be in effect until 11:59 p.m, May 23, to suspending the regular order of business:
Berman, Aycock, Elkins, Fletcher, Swinford, S. King, Woolley, Phillips, J. Davis, Craddick, Eissler, Jackson, Hardcastle, Darby, Weber, B. Brown, Flynn, Cook, F. Brown, C. Howard, Crownover, Laubenberg, Morrison, Hartnett, Isett, Gattis, Chisum, Madden, W.iSmith, S. Miller, Truitt, McCall, Patrick, Hamilton, Christian, Hancock, Otto, Lewis, Orr, Hunter, Sheffield, Button, Branch, D. Miller, Bonnen, Taylor, Zerwas, Legler, Geren, Harper-Brown, Kleinschmidt, Anderson, P. King, Shelton, Parker, Harless, Keffer, Smithee, Pitts, Paxton, Kolkhorst, and Hughes.
The following members gave notice of a standing objection, to be in effect until 11:59 p.m, May 24, to suspending the regular order of business:
Darby, Hilderbran, C. Howard, Crabb, Morrison, S. King, Anderson, Orr, W. Smith, Zerwas, Button, Craddick, T. Smith, Taylor, D. Miller, Crownover, Eissler, B. Brown, Fletcher, F. Brown, Isett, J. Davis, Otto, Hunter, Driver, Bonnen, Hardcastle, Jackson, Bohac, Truitt, Sheffield, Patrick, and Geren.
REPRESENTATIVE TAYLOR: You have those petitions, that have been referred to several times, with the names of folks who have asked not to take things out of order. Can you read what it says on that petition?
SPEAKER PRO TEMPORE: In just a minute. We've sent it off to be copied for Mr. Flores. The first one, the date of the 23rd, says, "On May 23, 2009, the undersigned house members oppose any motion, order, and/or request to take any bill, order, and/or joint resolution out of its regular order. This petition expires on May 23, 2009, at 11:59."
TAYLOR: Okay, can you read the one for the 24th as well? Or can you confirm it says exactly the same thing as that one?
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4565
SPEAKER PRO TEMPORE: Yes, except the date is on May 24th, until 11:59ip.m.
TAYLOR: It has been said several times from this back microphone that those members who signed that, signed in opposition to specific bills. In your reading of that, do you hear anything about specific bills being excluded from being moved forward in the calendar?
SPEAKER PRO TEMPORE: That refers to all bills.
TAYLOR: It refers to all bills, and it was done because there were efforts to move any number of bills up in the calendar, which violates our calendar rules. It violates the principles that we have as rules in this house, that we run by. Those names were not put on that list in opposition to any bill. In fact, when I was on the front mic earlier today, I referred to a number of very important issues that are on this calendar, that we're not getting to, because of certain acts on this floor. To blame the people who put their name on that list, who are trying to uphold the rules of this house, is a little bit ironic, when we have other people who are using other rules of the house that are postponing the order of business. I'd like to move that these comments be put in writing and placed in the journal, right alongside the names of the folks who signed that, who were standing up for the rules of the house.
REMARKS ORDERED PRINTED
Representative Taylor moved to print remarks between the speaker pro tempore and Representative Taylor.
The motion prevailed.
REPRESENTATIVE GEREN: What is the final time that a senate bill, on second reading, may be passed to third reading in this body? Would that be midnight, Tuesday night?
SPEAKER PRO TEMPORE: Tuesday night is correct.
GEREN: Midnight, Tuesday night? So, nothing that is going on tonight, or tomorrow, or Monday, would prevent this bill from being passed out before midnight, Tuesday night. Is that correct?
SPEAKER PRO TEMPORE: That is correct.
GEREN: So, the fact that you are not recognizing Mr. Flores tonight would not prevent that bill being brought up at some point between now and Tuesday night, midnight. Is that correct?
SPEAKER PRO TEMPORE: That is correct.
REPRESENTATIVE RAYMOND: Mr. Taylor alluded to the fact that the 50 some-odd members have objected to bringing up a motion to suspend in order to put forth bills that are important to all of us. He alluded to that and said that they are doing that to uphold the rules of the house, is that correct?
SPEAKER PRO TEMPORE: That is correct.
4566 81st LEGISLATURE — REGULAR SESSION
RAYMOND: Okay. Do the rules of the house allow us to make a motion to suspend to bring up any bill that is on the calendar?
SPEAKER PRO TEMPORE: Yes.
RAYMOND: Okay. Do the rules of the house allow members on the local and consent, when we are on the local and consent calendar, to come to the back mic and ask questions for nine minutes and 59 seconds before the bill dies?
SPEAKER PRO TEMPORE Yes.
RAYMOND: The local calendar is the order of business that we're on, and it's in order, is that correct?
SPEAKER PRO TEMPORE: Yes.
RAYMOND: So everyone who has been asking questions on the bills that are before us have been following the rules, have we not?
SPEAKER PRO TEMPORE: Yes.
RAYMOND: Is the chair aware that this member, and many other members, are willing to vote according to the rules to suspend those rules to put forth any bill that is on the calendar, with the exception of the voter suppression bill?
SPEAKER PRO TEMPORE: I am now aware of your position.
RAYMOND: You are now aware that this member, and at least 74 members that I know of, are willing to make a motion, and to support a motion, to bring forth every bill that is on the calendar, with the exception of the voter suppression bill. So you're now aware that this member and 73 others are not blocking or stopping anything from coming forth. Those 59 members are.
REMARKS ORDERED PRINTED
Representative Veasey moved to print remarks between the speaker pro tempore and Representative Raymond.
The motion prevailed.
Representative Weber moved to print remarks between the speaker pro tempore and Representative Geren.
The motion prevailed.
SB 1620 (Paxton - House Sponsor), A bill to be entitled An Act relating to the regulation of property tax lenders.
Amendment No. 1
Representative Paxton offered the following amendment to SBi1620:
Amend SB 1620 (house committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTIONi____.iiSubchapter E, Chapter 14, Finance Code, is amended by adding Section 14.2015 to read as follows:
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4567
Sec.i14.2015.iiCONFIDENTIALITY OF CERTAIN INFORMATION. (a) Except as provided by Subsection (b), information or material obtained or compiled by the commissioner in relation to an examination by the commissioner or the commissioner's representative of a license holder or registrant under Subtitle B or C, Title 4, or Chapter 394 is confidential and may not be disclosed by the commissioner or an officer or employee of the Office of Consumer Credit Commissioner, including:
(1)iiinformation obtained from a license holder or registrant under Subtitle B or C, Title 4, or Chapter 394;
(2)iiwork performed by the commissioner or the commissioner's representative on information obtained from a license holder or registrant for the purposes of an examination conducted under Subtitle B or C, Title 4, or Chapter 394;
(3)iia report on an examination of a license holder or registrant conducted under Subtitle B or C, Title 4, or Chapter 394; and
(4)iiany written communications between the license holder or registrant, as applicable, and the commissioner or the commissioner's representative relating to or referencing an examination conducted under Subtitle B or C, Title 4, or Chapter 394.
(b)iiThe commissioner or the commissioner's representative may disclose the confidential information or material described by Subsection (a):
(1)iito a department, agency, or instrumentality of this state or the United States if the commissioner considers disclosure to be necessary or proper to the enforcement of the laws of this state or the United States and in the best interest of the public;
(2)iiif the license holder or registrant consents to the release of the information or has published the information contained in the release; or
(3)iiif the commissioner determines that release of the information is required for an administrative hearing.
Amendment No. 1 was adopted.
ADJOURNMENT
Representative Guillen moved that the house adjourn until 1:30ip.m. today, Mayi24.
The motion prevailed.
The house accordingly, at 12:22ia.m. May 24, adjourned until 1:30ip.m. today.
AAAAAADDENDUMAAAAA
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the house by the speaker:
4568 81st LEGISLATURE — REGULAR SESSION
House List No. 36
HBi1476, HBi1530, HBi1630, HBi2317, HBi2318, HCRi86, HCRi159, HCRi174, HCRi176
House List No. 37
HBi587, HBi605, HBi768, HBi1096, HBi1134, HBi1255, HBi1272, HBi1297, HBi1332, HBi1345, HBi1358, HBi1404, HBi1407, HBi1425, HBi1445, HBi1705, HBi1728, HBi1749, HBi1912, HBi2289, HBi2353, HBi2876, HBi2918, HBi2927, HBi3554, HBi4139, HBi4577, HBi4661, HJRi39
Senate List No. 37
SCRi76
MESSAGES FROM THE SENATE
The following messages from the senate were today received by the house:
Message No. 1
MESSAGE FROM THE SENATE
SENATE CHAMBER
Austin, Texas
Saturday, May 23, 2009
The Honorable Speaker of the House
House Chamber
Austin, Texas
Mr. Speaker:
I am directed by the senate to inform the house that the senate has taken the following action:
THE SENATE HAS PASSED THE FOLLOWING MEASURES:
| SCR 78 | Averitt |
In memory of James Michael Grant of Gatesville.
Respectfully,
Patsy Spaw
Secretary of the Senate
AAAAAAPPENDIXAAAAA
STANDING COMMITTEE REPORTS
Favorable reports have been filed by committees as follows:
May 22
County Affairs - SBi1705, SBi2468, SBi2517, SBi2553, SBi2574
Saturday, May 23, 2009 HOUSE JOURNAL — 77th Day 4569
Elections - SBi2085
Environmental Regulation - SBi184, SBi1472, SBi1757
Higher Education - SBi44, SBi174, SBi194, SBi382, SBi819, SBi857, SBi1343, SBi1394, SBi1443, SBi1728, SBi1729, SBi1764, SBi1798, SBi1895, SBi2046, SBi2240, SBi2262, SBi2376
Human Services - HCRi255, SBi1050, SBi1521, SBi1663, SBi2080, SBi2407, SBi2435
Insurance - SBi14
Judiciary and Civil Jurisprudence - SBi271, SBi397, SBi420, SBi497, SBi683, SBi742, SBi861, SBi1166, SBi1369, SBi1436, SBi1437, SBi1439, SBi1440, SBi1441, SBi1598, SBi1599, SBi1685, SBi1820, SBi2324, SBi2325, SBi2350, SBi2444, SBi2469, SBi2566, SCRi47
Licensing and Administrative Procedures - SBi2505
Natural Resources - SBi2440
Pensions, Investments, and Financial Services - SBi1358, SBi2064, SBi2233
Public Education - SBi100
Public Health - HRi1784, SBi7, SBi32, SBi86, SBi203, SBi287, SBi288, SBi289, SBi343, SBi424, SBi531, SBi571, SBi871, SBi887, SBi1127, SBi1171, SBi1326, SBi1409, SBi1645, SBi1720, SBi1803, SBi1853, SBi2384, SBi2397, SCRi42
Public Safety - SBi374, SBi652, SBi1164, SBi1317, SBi1742
State Affairs - SBi390, SBi671, SBi1068, SBi1110, SBi1629, SBi1630, SBi2145, SBi2381
Technology, Economic Development, and Workforce - SBi2576
Transportation - SBi1392, SBi1616, SBi1759, SBi2096
Urban Affairs - SBi1002, SBi1861
Ways and Means - SBi771, SBi2148
4570 81st LEGISLATURE — REGULAR SESSION