EIGHTIETH LEGISLATURE — REGULAR SESSION
AUSTIN, TEXAS
PROCEEDINGS
SIXTY-FIFTH DAY
(Continued)
(Monday, May 21, 2007)
AFTER RECESS
The Senate met at 10:42 a.m. and was called to order by the President.
SENATORS ANNOUNCED PRESENT
Senator Carona, who had previously been recorded as "Absent-excused," was announced "Present."
Senator Gallegos, who had previously been recorded as "Absent-excused," was announced "Present."
CO-AUTHORS OF SENATE BILL 1162
On motion of Senator Estes, Senators Brimer, Harris, Hinojosa, Lucio, and Nelson will be shown as Co-authors of SBi1162.
CO-AUTHOR OF SENATE BILL 1292
On motion of Senator Nelson, Senator Zaffirini will be shown as Co-author of SBi1292.
CO-AUTHOR OF SENATE BILL 1748
On motion of Senator Nichols, Senator Lucio will be shown as Co-author of SBi1748.
CO-SPONSORS OF HOUSE BILL 14
On motion of Senator Nelson, Senators Averitt, Deuell, Estes, Harris, Janek, Shapiro, Wentworth, and Williams will be shown as Co-sponsors of HBi14.
CO-SPONSOR OF HOUSE BILL 922
On motion of Senator Carona, Senator Estes will be shown as Co-sponsor of HBi922.
CO-SPONSORS OF HOUSE BILL 1022
On motion of Senator Williams, Senators Estes and VanideiPutte will be shown as Co-sponsors of HBi1022.
CO-SPONSOR OF HOUSE BILL 1038
On motion of Senator Fraser, Senator Shapleigh will be shown as Co-sponsor of HBi1038.
CO-SPONSOR OF HOUSE BILL 1613
On motion of Senator Carona, Senator VanideiPutte will be shown as Co-sponsor of HBi1613.
CO-SPONSOR OF HOUSE BILL 2087
On motion of Senator Wentworth, Senator Zaffirini will be shown as Co-sponsor of HBi2087.
CO-SPONSOR OF HOUSE BILL 2445
On motion of Senator Williams, Senator West will be shown as Co-sponsor of HBi2445.
CO-SPONSOR OF HOUSE BILL 2960
On motion of Senator Fraser, Senator Patrick will be shown as Co-sponsor of HBi2960.
CO-SPONSOR OF HOUSE BILL 3367
On motion of Senator Wentworth, Senator Zaffirini will be shown as Co-sponsor of HBi3367.
CO-SPONSORS OF HOUSE BILL 3678
On motion of Senator Williams, Senators Deuell, Eltife, Estes, Fraser, Hegar, Janek, Nelson, Nichols, and West will be shown as Co-sponsors of HBi3678.
CO-SPONSORS OF HOUSE JOINT RESOLUTION 54
On motion of Senator Williams, Senators Estes, Hinojosa, and VanideiPutte will be shown as Co-sponsors of HJRi54.
PHYSICIANS OF THE DAY
Senator Deuell was recognized and presented Dr. David McClellan and third-year resident Dr. James Qui of Bryan as the Physicians of the Day.
The Senate welcomed Dr. McClellan and Dr. Qui and thanked them for their participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.
SENATE RESOLUTION 1098
Senator Averitt offered the following resolution:
SRi1098, In memory of the life of Captain Todd Tyler Christmas.
The resolution was read.
Senator Averitt was recognized and introduced to the Senate family members of Todd Tyler Christmas.
The Senate welcomed its guests and extended its sympathy.
2396 80th Legislature — Regular Session 65th Day (Cont.)
On motion of Senator Averitt, SRi1098 was adopted by a rising vote of the Senate.
In honor of the memory of the life of Captain Todd Tyler Christmas, the text of the resolution is printed at the end of today's Senate Journal.
SENATE RESOLUTION 1077
Senator Zaffirini offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize Rodney Swaim, who retired December 31, 2006, after 40 years of outstanding service as county commissioner of McMullen County; and
WHEREAS, Mr. Swaim was sworn in as county commissioner on January 1, 1966; a talented and resourceful individual, he has handled his many responsibilities with exceptional dedication and professionalism; and
WHEREAS, Throughout his career, Mr. Swaim has been noted for his superior administrative skills; his abilities as commissioner and his popularity with his constituents ensured that he never had an opponent during his tenure in office; and
WHEREAS, Mr. Swaim has enjoyed the love and support of his wife, Bobbie, for 55 years, and their three children, three grandchildren, and one great-granddaughter are a source of much pride and joy; and
WHEREAS, Mr. Swaim is admired and respected by his colleagues and his community, and his presence at the commissioners court of McMullen County will be greatly missed; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 80th Legislature, hereby commend Rodney Swaim on his exceptional service to McMullen County and our state and extend to him best wishes for the retirement years ahead; and, be it further
RESOLVED, That a copy of this Resolution be prepared for him as an expression of high regard from the Texas Senate.
SR 1077 was read and was adopted without objection.
GUESTS PRESENTED
Senator Zaffirini was recognized and introduced to the Senate Rodney Swaim; his wife, Bobbie Swaim; his daughter, Margaret Stephenson; his son-in-law, Jacky Stephenson; his granddaughter, Jordan Stephenson; and his daughter-in-law, Sallie Swaim.
The Senate welcomed its guests.
SENATE RESOLUTION 1078
Senator Zaffirini offered the following resolution:
WHEREAS, Residents of McMullen County are gathering on May 21, 2007, to celebrate McMullen County Day at the State Capitol; and
WHEREAS, Located in South Texas, McMullen County consists of more than 1,000 square miles of flat to rolling terrain covered with mesquite, scrub brush, cacti, chaparral, and grasses; before the county's settlement in the 19th century, the landscape of the area was notably different, dominated chiefly by grasslands; and
Monday, May 21, 2007 SENATE JOURNAL 2397
WHEREAS, Named for the Irish pioneer John McMullen, the county was officially established in 1858, but settlement was sparse due to unrest and conflict in the region; shortly before the Civil War, settlers began to move into the area to take advantage of its profitable grasslands, cattle, and mustangs; a group of resourceful adventurers established a settlement at the intersection of the Frio River and Leoncita Creek and named it Rio Frio; it was the first permanent settlement in the county and eventually became Tilden, the county seat; and
WHEREAS, At the turn of the century, ranching completely dominated the county's economy; since then, the oil and gas industry has grown in importance; and
WHEREAS, The residents of this fine Texas county have played an important role in preserving their region's past and in preparing for the future, and it is a pleasure to pay tribute to McMullen County and its citizens on this special day; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 80th Legislature, hereby recognize May 21, 2007, as McMullen County Day at the State Capitol and extend to those citizens here today sincere best wishes for an enjoyable visit; and, be it further
RESOLVED, That a copy of this Resolution be prepared in honor of this occasion.
SR 1078 was read and was adopted without objection.
GUESTS PRESENTED
Senator Zaffirini was recognized and introduced to the Senate a delegation of citizens from McMullen County.
The Senate welcomed its guests.
SENATE RESOLUTION 1101
Senator Gallegos offered the following resolution:
WHEREAS, The Senate of the State of Texas is pleased to recognize the Lawrence A. Eckert Intermediate School of the Aldine Independent School District for its outstanding physical fitness and wellness programs; and
WHEREAS, Knowing that promoting a healthy school environment could also lead to scholastic improvements, the school has instituted a variety of programs that offer opportunities for teachers and students to develop and maintain a healthy lifestyle; and
WHEREAS, Among the many programs established are an annual Sports Day, a Hoop-A-Thon fundraiser, a 5-A-Day Fruit and Vegetable Tasting Exhibition, a Nutritional Awareness Day, and the First Tee Golf Program; students also attend the Southland Conference basketball tournament, and this year physical education teacher Katie Skala took 120 pupils to participate in the ConocoPhillips Rodeo Run; and
WHEREAS, In addition to the physical education programs, the school began an integrated weekly health class to help students understand the concepts taught in physical education and health education; the physical fitness and wellness programs at Lawrence A. Eckert Intermediate School are improving the health of students and teaching them the importance of incorporating exercise into their daily life; now, therefore, be it
2398 80th Legislature — Regular Session 65th Day (Cont.)
RESOLVED, That the Senate of the State of Texas, 80th Legislature, hereby commend the Lawrence A. Eckert Intermediate School for its commitment to improving the physical fitness of its students; and, be it further
RESOLVED, That a copy of this Resolution be prepared for the school as an expression of esteem from the Texas Senate.
SR 1101 was read and was adopted without objection.
GUESTS PRESENTED
Senator Gallegos was recognized and introduced to the Senate representatives of Lawrence A. Eckert Intermediate School:iiJoe Delgado, Physical Education Coach; Mark Herndon, Assistant Principal; Katie Skala, Physical Education Coach; Stacie Strickland, Physical Education Paraprofessional; and Lori Garcia, Assistant Principal.
The Senate welcomed its guests.
CONCLUSION OF MORNING CALL
The President at 10:55 a.m. announced the conclusion of morning call.
HOUSE BILL 2341 ON SECOND READING
On motion of Senator Duncan and by unanimous consent, the regular order of business was suspended to take up for consideration HBi2341 at this time on its second reading:
HB 2341, Relating to certain investment products made available to certain public school employees.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 2341 ON THIRD READING
Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi2341 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 2216 ON SECOND READING
On motion of Senator Shapiro and by unanimous consent, the regular order of business was suspended to take up for consideration HBi2216 at this time on its second reading:
HB 2216, Relating to the regulation of the sale of certain mobility motor vehicles equipped to transport a person with a disability.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
Monday, May 21, 2007 SENATE JOURNAL 2399
HOUSE BILL 2216 ON THIRD READING
Senator Shapiro moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi2216 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 264 ON SECOND READING
On motion of Senator Eltife and by unanimous consent, the regular order of business was suspended to take up for consideration HBi264 at this time on its second reading:
HB 264, Relating to the procedure for rendering certain property for ad valorem taxation if the information contained in the most recently filed rendition statement continues to be accurate.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 264 ON THIRD READING
Senator Eltife moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi264 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 2622 ON SECOND READING
On motion of Senator Hinojosa and by unanimous consent, the regular order of business was suspended to take up for consideration HBi2622 at this time on its second reading:
HB 2622, Relating to eligibility of board members of certain rapid transit authorities to receive insurance benefits.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 2622 ON THIRD READING
Senator Hinojosa moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi2622 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
2400 80th Legislature — Regular Session 65th Day (Cont.)
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 1572 ON SECOND READING
On motion of Senator West and by unanimous consent, the regular order of business was suspended to take up for consideration HBi1572 at this time on its second reading:
HB 1572, Relating to an exception from civil discovery for certain records of a law enforcement agency.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 1572 ON THIRD READING
Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi1572 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
MOTION TO PLACE
COMMITTEEiiSUBSTITUTE
HOUSE BILL 1522 ON SECOND READING
Senator Williams moved to suspend the regular order of business to take up for consideration CSHBi1522 at this time on its second reading:
CSHB 1522, Relating to parking a commercial motor vehicle on certain streets.
(Senator Brimer in Chair)
Senator Williams withdrew the motion to suspend the regular order of business.
HOUSE BILL 1373 ON SECOND READING
On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration HBi1373 at this time on its second reading:
HB 1373, Relating to creating the Chronic Kidney Disease Task Force.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 1373 ON THIRD READING
Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi1373 be placed on its third reading and final passage.
Monday, May 21, 2007 SENATE JOURNAL 2401
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 3135 ON SECOND READING
On motion of Senator Wentworth and by unanimous consent, the regular order of business was suspended to take up for consideration HBi3135 at this time on its second reading:
HB 3135, Relating to the compensation paid to retired and former judges or justices while assigned as visiting judges in certain courts.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 3135 ON THIRD READING
Senator Wentworth moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi3135 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 1293 ON SECOND READING
Senator Lucio moved to suspend the regular order of business to take up for consideration HBi1293 at this time on its second reading:
HB 1293, Relating to licensing and regulation of event coordinators for combative sports.
The motion prevailed.
Senator Patrick asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays:iiPatrick.
HOUSE BILL 1293 ON THIRD READING
Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi1293 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiPatrick.
2402 80th Legislature — Regular Session 65th Day (Cont.)
The bill was read third time and was passed by the following vote:iiYeasi30, Naysi1. (Same as previous roll call)
HOUSE BILL 2945 ON SECOND READING
On motion of Senator Whitmire and by unanimous consent, the regular order of business was suspended to take up for consideration HBi2945 at this time on its second reading:
HB 2945, Relating to authorizing a method for certain municipalities to compensate a person for the removal of an on-premise sign as required by the municipality.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 2945 ON THIRD READING
Senator Whitmire moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi2945 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 1930 ON SECOND READING
On motion of Senator Fraser and by unanimous consent, the regular order of business was suspended to take up for consideration HBi1930 at this time on its second reading:
HB 1930, Relating to gifts and grants for financing or assisting the operation of the office of county attorney in Brown County.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 1930 ON THIRD READING
Senator Fraser moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi1930 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
Monday, May 21, 2007 SENATE JOURNAL 2403
COMMITTEEiiSUBSTITUTE
HOUSE BILL 2445 ON SECOND READING
On motion of Senator Williams and by unanimous consent, the regular order of business was suspended to take up for consideration CSHBi2445 at this time on its second reading:
CSHB 2445, Relating to certain employment records maintained by the Commission on Law Enforcement Officer Standards and Education; providing an administrative penalty.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 2445 ON THIRD READING
Senator Williams moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi2445 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 142 ON SECOND READING
On motion of Senator Carona and by unanimous consent, the regular order of business was suspended to take up for consideration CSHBi142 at this time on its second reading:
CSHB 142, Relating to imposition of local sales and use taxes on certain taxable items shipped outside a transit authority.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 142 ON THIRD READING
Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi142 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
2404 80th Legislature — Regular Session 65th Day (Cont.)
HOUSE BILL 401 ON SECOND READING
On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration HBi401 at this time on its second reading:
HB 401, Relating to the use of text messages and other electronic media to commit certain sexual offenses against minors or certain students.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 401 ON THIRD READING
Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi401 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE JOINT RESOLUTION 103 ON SECOND READING
On motion of Senator Duncan and by unanimous consent, the regular order of business was suspended to take up for consideration HJRi103 at this time on its second reading:
HJR 103, Proposing a constitutional amendment providing for the continuation of the constitutional appropriation for facilities and other capital items at Angelo State University on a change in the governance of the university.
The resolution was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE JOINT RESOLUTION 103 ON THIRD READING
Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HJRi103 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The resolution was read third time and was passed by the following vote:iiYeasi31, Naysi0.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 1038 ON SECOND READING
On motion of Senator Fraser and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 1038 at this time on its second reading:
Monday, May 21, 2007 SENATE JOURNAL 2405
CSHB 1038, Relating to the operation of the Texas Residential Construction Commission; providing penalties.
The bill was read second time.
Senator Fraser offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 1038 (Senate committee printing) in SECTION 34 of the bill by striking added Subsection (f), Section 426.005, Property Code (page 11, lines 14-19), and substituting the following:
(f)iiA homeowner is not required to comply with this subtitle if:
(1)iiat the time a homeowner and a builder enter into a contract covered by this title the builder was not registered; or
(2)iithe certificate or registration of the builder has been revoked.
The amendment to CSHB 1038 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
Senator Fraser offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSHB 1038 (Senate committee printing) as follows:
(1)iiIn SECTION 25 of the bill amend Section 418.001, Property Code (page 8, lines 50-51), by striking "or" at the end of the existing Subsection (24); renumbering the existing Subsection (25) as Subsection (26); and adding a new Subsection (25) as follows:
(25)iia repeated failure to comply with the requirements of Subtitle F; or
(2)iiAdd the appropriately numbered SECTIONS and renumbering existing SECTIONS accordingly:
SECTION ___. Title 16, Property Code, is amended by adding Subtitle F to read as follows:
SUBTITLE F. INSPECTION OF NEW RESIDENTIAL CONSTRUCTION
CHAPTER 446. RESIDENTIAL CONSTRUCTION IN UNINCORPORATED AREAS AND OTHER AREAS NOT SUBJECT TO MUNICIPAL INSPECTIONS
Sec.i446.001.iiAPPLICABILITY OF CHAPTER. This chapter applies to residential construction described by Section 401.003(a)(1), (2) and (3) in an unincorporated area and to other areas not subject to municipal inspections.
Sec.i446.002.iiINSPECTION REQUIRED. (a) A builder shall have a new home or other improvement to which this chapter applies inspected by a fee inspector.
(b)iiFor new construction subject to this chapter, there shall be a minimum of three inspections performed during the project to ensure code compliance, as applicable, at the following stages of construction:
(i)iifoundation, prior to the placement of concrete;
(ii)iiframing and mechanical systems prior to being covered with sheetrock or other interior wall covering; and
(iii)iifinal inspection when the home is completed.
2406 80th Legislature — Regular Session 65th Day (Cont.)
(c)iiFor improvements other than new construction, the inspections described in Subsection (b) shall occur as necessary based upon the scope of work of the project.
(d)iiThe builder shall be responsible for contracting with a fee inspector authorized by this chapter to perform the inspections required by this section.
(e)iiThe commission may establish fees necessary to administer this subtitle. Such fees may be included in the home registration fee required described in Section 426.003(c).
Sec.i446.003.iiELECTRONIC REPORTING SYSTEM. (a) The commission shall establish an Internet based process to implement this subtitle. The process shall be password protected. Inspectors will use the Internet based process to report the satisfactory completion of the inspections required by Section 446.002 to the commission. Upon reporting of satisfactory completion of the inspections, the commission shall issue a certificate of completion which shall be forwarded to the homeowner within 30 days following the registration of a home, as required by Section 426.003.
(b)iiThe commission shall allow for an alternative reporting system for persons who demonstrate to the commission an inability to comply with the electronic reporting requirements of Subsection (a).
Sec.i446.004.iiFEE INSPECTOR.i A fee inspector must be either a licensed engineer, a registered architect, a professional inspector licensed by the Texas Real Estate Commission or a third party inspector qualified under Section 427.001(b). A builder may use the same or a different fee inspector for inspections required under this chapter.
Sec.i446.005.iiELEMENTS OF INSPECTION. The commission by rule shall:
(1)iiestablish the elements of the construction that must be inspected under this chapter in accordance with Section 446.002 to ensure compliance with the applicable code provisions as required by Section 430.001(d); and
(2)iiprescribe the form and the manner in which the results of the inspection will be reported in writing.
Sec.i446.006.iiCONSTRUCTION IN CERTAIN AREAS: ELIGIBILITY FOR CERTAIN WINDSTORM AND HAIL INSURANCE. (a) This section applies only to construction in an unincorporated area in which windstorm and hail insurance coverage is available under Chapter 2210, Insurance Code.
(b)iiIn addition to an inspection required pursuant to Section 446.002, the builder must, if required by statute, obtain a certificate of compliance for the structure in the manner provided under Section 2210.251, Insurance Code.
SECTIONi___.iiOn or before June 1, 2008, the Texas Residential Construction Commission shall adopt all rules necessary to implement Subtitle F, Title 16, Property Code, as added by this Act.
SECTIONi___.ii Subtitle F, Title 16, Property Code, as added by this Act, applies only to construction commenced on or after September 1, 2008. For the purposes of Subtitle F, Title 16, Property Code, as added by this Act, construction commenced before September 1, 2008, is governed by the law in effect immediately before the effective date of this Act and the former law is continued in effect for such construction.
The amendment to CSHB 1038 was read and was adopted by a viva voce vote.
Monday, May 21, 2007 SENATE JOURNAL 2407
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 2.
Senator Seliger offered the following amendment to the bill:
Floor Amendment No. 3
Amend CSHB 1038 (Senate committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS accordingly:
SECTIONi___.iiSubtitle D, Title 16, Property Code, is amended by adding Chapter 431 to read as follows:
CHAPTER 431. ENERGY-EFFICIENT BUILDING ACCREDITATION PROGRAM
Sec.i431.001.iiENERGY-EFFICIENT BUILDING ACCREDITATION PROGRAM. (a)iiIn this section, "National Housing Act" means Section 203(b), (i), or (k) of the National Housing Act (12 U.S.C. Sections 1709(b), (i), and (k)).
(b)iiThe commission, in consultation with the Energy Systems Laboratory at the Texas Engineering Experiment Station of The Texas A&M University System, the Texas Commission on Environmental Quality, and an advisory committee appointed by the commission, may establish an energy-efficient building accreditation program for buildings that exceed the building energy performance standards under Section 388.003, Health and Safety Code, by 15 percent or more.
(c)iiIf the commission establishes a program under this chapter, the commission, in consultation with the Energy Systems Laboratory, shall update the program on or before December 1 of each even-numbered year using the best available energy-efficient building practices.
(d)iiIf the commission establishes a program under this chapter, the program must include a checklist system to produce an energy-efficient building scorecard to help:
(1)iihome buyers compare potential homes and, by providing a copy of the completed scorecard to a mortgage lender, qualify for energy-efficient mortgages under the National Housing Act; and
(2)iicommunities qualify for emissions reduction credits by adopting codes that meet or exceed the energy-efficient building or energy performance standards established under Chapter 388, Health and Safety Code.
Sec.i431.002.iiPUBLIC INFORMATION PROGRAM. The commission may establish a public information program to inform homeowners, sellers, buyers, and others regarding energy-efficient building ratings.
Sec.i431.003.iiMEASUREMENT SYSTEM FOR REDUCTION IN ENERGY AND EMISSIONS. If the commission establishes a program under this chapter, the Energy Systems Laboratory shall establish a system to measure the reduction in energy and emissions produced under the energy-efficient building program and report those savings to the commission.
Sec.i431.004.iiCERTIFICATION FEE. If the commission establishes a program under this chapter, the commission may set a certification fee sufficient to cover the cost of administering the program and pay for any education efforts conducted under this chapter.
2408 80th Legislature — Regular Session 65th Day (Cont.)
SECTIONi___.iiSection 388.009, Health and Safety Code, is repealed.
The amendment to CSHB 1038 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 3.
On motion of Senator Fraser and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
CSHB 1038 as amended was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 1038 ON THIRD READING
Senator Fraser moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi1038 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 2819 ON SECOND READING
On motion of Senator Jackson and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 2819 at this time on its second reading:
CSHB 2819, Relating to the management and protection of coastal public land and other coastal resources; providing for administrative penalties.
The bill was read second time.
Senator Jackson offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 2819 (Senate committee printing) as follows:
(1)iiIn SECTION 6 of the bill, in the recital to the section (page 3, line 12), strike "and (h)" and substitute "(h), and (i)".
(2)iiIn SECTION 6 of the bill, in amended Section 33.607, Natural Resources Code, between added Subsections (f) and (g) of the section (page 3, between lines 36 and 37), insert the following:
(g)iiA county may establish and implement a building set-back line under this section only outside the corporate limits of a municipality.
(3)iiIn SECTION 6 of the bill, in added Subsection (g), Section 33.607, Natural Resources Code (page 3, line 37), strike "(g)" and substitute "(h)".
(4)iiIn SECTION 6 of the bill, in added Subsection (h), Section 33.607, Natural Resources Code (page 3, line 39), strike "(h)" and substitute "(i)".
The amendment to CSHB 2819 was read and was adopted by a viva voce vote.
Monday, May 21, 2007 SENATE JOURNAL 2409
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
Senator Jackson offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSHB 2819 (Senate committee printing) as follows:
(1)iiIn SECTION 14 of the bill, amended Subsection (a), Section 61.025, Natural
Resources Code (page 8, line 36), strike "A" and substitute "Except as provided by
Subsection (b), a [A]".
(2)iiIn SECTION 14 of the bill, amended Subsection (b), Section 61.025, Natural Resources Code (page 9, line 34), between "If" and "there", insert "the statement is not included in the executory contract for conveyance or".
The amendment to CSHB 2819 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 2.
On motion of Senator Jackson and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
CSHB 2819 as amended was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 2819 ON THIRD READING
Senator Jackson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi2819 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 3350 ON SECOND READING
On motion of Senator West and by unanimous consent, the regular order of business was suspended to take up for consideration HB 3350 at this time on its second reading:
HB 3350, Relating to payment of costs incurred in the operation and administration of the Texas Lottery Commission.
The bill was read second time.
Senator West offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 3350 (Senate committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
2410 80th Legislature — Regular Session 65th Day (Cont.)
SECTIONi___.ii(a) The comptroller of public accounts, with the assistance of the Texas Lottery Commission, the Department of Information Resources, and the Department of Public Safety, shall conduct a study on the feasibility and viability of establishing an Internet lottery game program through the Texas Lottery Commission. The study must include an examination of the following matters regarding Internet lottery game transactions:
(1)iithe experience of other jurisdictions that have sold lottery tickets through the Internet;
(2)iithe security of those transactions;
(3)iimeans of verifying the age of purchasers of lottery tickets;
(4)iiprocedures for the sale of lottery tickets;
(5)iimeans of verifying that all aspects of an Internet lottery ticket purchase occur within the State of Texas and of prohibiting interstate lottery transactions through the Internet;
(6)iimeans of payment for lottery ticket purchases;
(7)iiprocedures for prize claims and ticket validation;
(8)iithe potential impact on current lottery sales and sales agents;
(9)iithe capability of an Internet lottery game system to interface with the current lottery operator's computer systems;
(10)iithe ability of the Texas Lottery Commission to develop and operate an internal system to sell lottery tickets or pay lottery prizes directly through the Internet;
(11)iithe availability of persons in the private sector capable of providing an Internet lottery game system;
(12)iithe potential fiscal impact on the foundation school fund;
(13)iicompliance with all applicable state and federal laws; and
(14)iiany other matter the comptroller determines appropriate after consultation with the Texas Lottery Commission.
(b)iiNot later than January 1, 2009, the comptroller shall report the results of the study conducted under this section to:
(1)iithe governor;
(2)iithe lieutenant governor;
(3)iithe speaker of the house of representatives; and
(4)iithe Texas Lottery Commission.
(c)iiThis section expires January 1, 2010.
SECTIONi___.ii(a) The Texas Lottery Commission and the comptroller of public accounts jointly shall conduct a study on the feasibility of and benefits and costs to this state of assessing a prize fee in the amount of five percent of the amount of a lottery prize that exceeds $600. The study shall consider whether dedication of the revenue from the prize fee to TEXAS grants awarded under Subchapter M, Chapter 56, Education Code, would be an appropriate use of the revenue to enable this state to provide TEXAS grants to eligible students. The Texas Higher Education Coordinating Board shall provide the commission and the comptroller on request with information relating to the possible dedication of prize fee revenue to TEXAS grants.
(b)iiNot later than January 1, 2009, the Texas Lottery Commission shall report the results of the study conducted under this section to:
(1)iithe governor;
Monday, May 21, 2007 SENATE JOURNAL 2411
(2)iithe lieutenant governor; and
(3)iithe speaker of the house of representatives.
(c)iiThis section expires January 1, 2010.
The amendment to HB 3350 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1 except as follows:
Nays:iiPatrick.
On motion of Senator West and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
HB 3350 as amended was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 3350 ON THIRD READING
Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi3350 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 1586 ON SECOND READING
On motion of Senator Lucio and by unanimous consent, the regular order of business was suspended to take up for consideration HBi1586 at this time on its second reading:
HB 1586, Relating to the creation of the offense of illumination of an aircraft by intense light.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 1586 ON THIRD READING
Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi1586 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 3537 ON SECOND READING
On motion of Senator Hinojosa and by unanimous consent, the regular order of business was suspended to take up for consideration HBi3537 at this time on its second reading:
2412 80th Legislature — Regular Session 65th Day (Cont.)
HB 3537, Relating to the adoption of a child by a person serving in the military.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 3537 ON THIRD READING
Senator Hinojosa moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi3537 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 2691 ON SECOND READING
On motion of Senator Uresti and by unanimous consent, the regular order of business was suspended to take up for consideration HBi2691 at this time on its second reading:
HB 2691, Relating to grants provided to local guardianship programs.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 2691 ON THIRD READING
Senator Uresti moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi2691 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 567 ON SECOND READING
On motion of Senator Wentworth and by unanimous consent, the regular order of business was suspended to take up for consideration CSHBi567 at this time on its second reading:
CSHB 567, Relating to the state registry of paternity.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
Monday, May 21, 2007 SENATE JOURNAL 2413
COMMITTEEiiSUBSTITUTE
HOUSE BILL 567 ON THIRD READING
Senator Wentworth moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi567 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 56 ON SECOND READING
On motion of Senator Duncan and by unanimous consent, the regular order of business was suspended to take up for consideration HBi56 at this time on its second reading:
HB 56, Relating to the operation of crematory establishments by commercial embalming establishments.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 56 ON THIRD READING
Senator Duncan moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi56 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 3011 ON SECOND READING
On motion of Senator Jackson and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 3011 at this time on its second reading:
CSHB 3011, Relating to the creation of ship channel security districts by certain populous counties.
The bill was read second time.
Senator Jackson offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 3011 by adding the following section:
SECTIONi____.iiSubsection (a), Section 217.042, Local Government Code, is amended to read as follows:
2414 80th Legislature — Regular Session 65th Day (Cont.)
(a)iiThe municipality may define and prohibit any nuisance within the limits of the municipality and, for a nuisance the definition of which does not address levels of emissions authorized in an air permit issued by the Texas Commission on Environmental Quality, within 5,000 feet outside the limits.
SECTIONi2.iiSection 382.113, Health and Safety Code, is amended to read as follows:
Sec.i382.113.iiAUTHORITY OF MUNICIPALITIES. (a)iiSubject to Section 381.002, a municipality has the powers and rights as are otherwise vested by law in the municipality to:
(1)iiabate a nuisance; and
(2)iienact and enforce an ordinance for the control and abatement of air pollution, or any other ordinance, not inconsistent with this chapter or the commission's rules, permits, or orders.
(b)iiAn ordinance enacted by a municipality:
(1) must be consistent with this chapter and the commission's rules, permits, and orders;
(2)ii[and] may not make unlawful a condition or act approved or authorized
under this chapter or the commission's rules, permits, or orders; and
(3)iidoes not apply outside the corporate limits of the municipality.
SECTIONi3.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.
The amendment to CSHB 3011 was read.
POINT OF ORDER
Senator Ellis raised a point of order that Floor Amendment No. 1 was not germane to the body of the bill.
POINT OF ORDER WITHDRAWN
Senator Ellis withdrew the point of order.
Question – Shall Floor Amendment No.i1 to CSHBi3011 be adopted?
Senator Jackson withdrew Floor Amendment No.i1.
CSHB 3011 was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 3011 ON THIRD READING
Senator Jackson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi3011 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
Monday, May 21, 2007 SENATE JOURNAL 2415
HOUSE BILL 2694 ON SECOND READING
On motion of Senator Janek and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2694 at this time on its second reading:
HB 2694, Relating to the disaster contingency fund.
The bill was read second time.
Senator Janek offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 2694 (Senate committee printing) as follows:
(1)iiIn SECTION 1 of the bill, in added Subsection (c)(2)(A), Government Code (page 1, line 32), strike ";" and substitute "; and".
(2)iiIn SECTION 1 of the bill, in added Subsection (c)(2)(B), Government Code (page 1, line 34), strike "; and" and substitute an underlined period.
(3)iiIn SECTION 1 of the bill, strike added Subsection (c)(2)(C), Government Code (page 1, lines 35-37).
The amendment to HB 2694 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
On motion of Senator Janek and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
HB 2694 as amended was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 2694 ON THIRD READING
Senator Janek moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi2694 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 3849 ON SECOND READING
On motion of Senator Hinojosa and by unanimous consent, the regular order of business was suspended to take up for consideration CSHBi3849 at this time on its second reading:
CSHB 3849, Relating to the registration of all-terrain vehicles by the Texas Department of Transportation.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
2416 80th Legislature — Regular Session 65th Day (Cont.)
COMMITTEEiiSUBSTITUTE
HOUSE BILL 3849 ON THIRD READING
Senator Hinojosa moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi3849 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
(Senator Carona in Chair)
HOUSE BILL 1734 ON SECOND READING
On motion of Senator Lucio and by unanimous consent, the regular order of business was suspended to take up for consideration HBi1734 at this time on its second reading:
HB 1734, Relating to cancellation or suspension of an alcoholic beverage license or permit.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 1734 ON THIRD READING
Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi1734 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 434 ON SECOND READING
On motion of Senator Whitmire and by unanimous consent, the regular order of business was suspended to take up for consideration HBi434 at this time on its second reading:
HB 434, Relating to the appointment of certain employees of the Texas Department of Criminal Justice as peace officers for certain purposes.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 434 ON THIRD READING
Senator Whitmire moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi434 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
Monday, May 21, 2007 SENATE JOURNAL 2417
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 2398 ON SECOND READING
On motion of Senator Wentworth and by unanimous consent, the regular order of business was suspended to take up for consideration HBi2398 at this time on its second reading:
HB 2398, Relating to the issuance of specialty license plates to immediate family members of a person who dies while serving in the United States armed forces.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 2398 ON THIRD READING
Senator Wentworth moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi2398 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 2796 ON SECOND READING
On motion of Senator Lucio and by unanimous consent, the regular order of business was suspended to take up for consideration HBi2796 at this time on its second reading:
HB 2796, Relating to the authority of certain counties to create or finance museums.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 2796 ON THIRD READING
Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi2796 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 2471 ON SECOND READING
Senator Deuell moved to suspend the regular order of business to take up for consideration HBi2471 at this time on its second reading:
HB 2471, Relating to the treatment and sale of certain bedding.
2418 80th Legislature — Regular Session 65th Day (Cont.)
The motion prevailed.
Senator Shapiro asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays:iiShapiro.
HOUSE BILL 2471 ON THIRD READING
Senator Deuell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi2471 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiShapiro.
The bill was read third time and was passed by the following vote:iiYeasi30, Naysi1. (Same as previous roll call)
HOUSE BILL 887 ON SECOND READING
On motion of Senator Ellis and by unanimous consent, the regular order of business was suspended to take up for consideration HBi887 at this time on its second reading:
HB 887, Relating to the statute of limitations for the offenses of credit card or debit card abuse, false statement to obtain property or credit, and fraudulent use or possession of identifying information.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 887 ON THIRD READING
Senator Ellis moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi887 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 119 ON THIRD READING
On motion of Senator Ogden and by unanimous consent, the regular order of business was suspended to take up for consideration HBi119 at this time on its third reading and final passage:
HB 119, Relating to the exemption from competitive bidding for certain purchases.
Monday, May 21, 2007 SENATE JOURNAL 2419
The bill was read third time.
Senator Ogden offered the following amendment to the bill:
Floor Amendment No. 1 on Third Reading
Amend HB 119 on third reading (Senate committee printing) as follows:
(1)iiStrike SECTION 1 of the bill (page 1, lines 11 through 17) and substitute the following:
SECTIONi1.iiSection 2155.132, Government Code, is amended by amending Subsection (e) and adding Subsection (i) to read as follows:
(e)iiCompetitive bidding, whether formal or informal, is [not] required for a
purchase by a state agency if the purchase:
(1)iiexceeds $5,000; or
(2)iiis made under a written contract [does not exceed $2,000, or a greater
amount prescribed by commission rule].
(i)iiFor purposes of this section, "written contract" means a contract awarded by a state agency on the basis of a competitive bidding process.
(2)iiIn SECTION 2 of the bill, in amended Section 2157.0611, Government Code (page 1, line 21), between "POSSIBLE." and "A catalog", insert "(a)".
(3)iiIn SECTION 2 of the bill, following amended Section 2157.0611, Government Code (page 1, between lines 30 and 31), insert the following:
(b)iiFor purposes of this section, "written contract" means a contract awarded by a state agency on the basis of a competitive bidding process.
The amendment to HB 119 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1 on Third Reading.
On motion of Senator Ogden and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
HB 119 as amended was finally passed by the following vote:iiYeasi31, Naysi0.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 1955 ON SECOND READING
On motion of Senator Hegar and by unanimous consent, the regular order of business was suspended to take up for consideration CSHBi1955 at this time on its second reading:
CSHB 1955, Relating to the licensing of certain peace officers by the Commission on Law Enforcement Officer Standards and Education.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
2420 80th Legislature — Regular Session 65th Day (Cont.)
COMMITTEEiiSUBSTITUTE
HOUSE BILL 1955 ON THIRD READING
Senator Hegar moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi1955 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 3492 ON SECOND READING
On motion of Senator Janek and by unanimous consent, the regular order of business was suspended to take up for consideration HB 3492 at this time on its second reading:
HB 3492, Relating to the determination of the total taxable value of property in a school district under the property value study conducted by the comptroller of public accounts.
The bill was read second time.
Senator Patrick offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 3492 (Senate committee printing) by adding the following SECTION to the bill, appropriately numbered, and renumbering subsequent SECTIONS accordingly:
SECTIONi__.iiSection 403.302(c), Government Code, is amended to read as follows:
(c)iiIf after conducting the annual study the comptroller determines that the local
value for a school district is valid, the local value is presumed to represent taxable
value for the school district. In the absence of that presumption, taxable value for a
school district is the state value for the school district determined by the comptroller
under Subsections (a) and (b) unless the local value exceeds the state value, in which
case the taxable value for the school district is the district's local value. In determining
whether the local value for a school district is valid, the comptroller shall use a margin
of error of 10 [that does not exceed five] percent unless the comptroller determines
that the size of the sample of properties necessary to make the determination makes
the use of such a margin of error not feasible, in which case the comptroller may use a
larger margin of error.
The amendment to HB 3492 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
On motion of Senator Janek and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
HB 3492 as amended was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
Monday, May 21, 2007 SENATE JOURNAL 2421
VOTES RECONSIDERED
On motion of Senator Hinojosa and by unanimous consent, the vote by which HBi3492 was passed to third reading was reconsidered.
Question — Shall HB 3492 as amended be passed to third reading?
Senator Hinojosa moved to reconsider the vote by which Floor Amendment No.i1 was adopted.
The motion prevailed by the following vote:iiYeasi25, Naysi5.
Yeas:iiAveritt, Brimer, Carona, Deuell, Duncan, Ellis, Eltife, Estes, Gallegos, Hegar, Hinojosa, Janek, Lucio, Nelson, Nichols, Ogden, Seliger, Shapiro, Shapleigh, Uresti, VanideiPutte, Watson, West, Whitmire, Zaffirini.
Nays:iiHarris, Jackson, Patrick, Wentworth, Williams.
Absent:iiFraser.
Question — Shall Floor Amendment No. 1 to HB 3492 be adopted?
Senator Patrick withdrew Floor Amendment No.i1.
HB 3492 was again passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 3492 ON THIRD READING
Senator Janek moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi3492 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 3514 ON SECOND READING
On motion of Senator West and by unanimous consent, the regular order of business was suspended to take up for consideration HBi3514 at this time on its second reading:
HB 3514, Relating to the disclosure by the Texas Department of Public Safety to appraisal districts of driver's license records and personal identification certificate records, or certain information in those records, for use in determining an individual's eligibility for a residence homestead exemption from ad valorem taxation.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 3514 ON THIRD READING
Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi3514 be placed on its third reading and final passage.
2422 80th Legislature — Regular Session 65th Day (Cont.)
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 2010 ON SECOND READING
On motion of Senator Watson and by unanimous consent, the regular order of business was suspended to take up for consideration HBi2010 at this time on its second reading:
HB 2010, Relating to declaratory relief for businesses in this state for liability for sales and use taxes of other states.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 2010 ON THIRD READING
Senator Watson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi2010 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 1977 ON SECOND READING
Senator Averitt moved to suspend the regular order of business to take up for consideration CSHBi1977 at this time on its second reading:
CSHB 1977, Relating to the Texas Health Insurance Risk Pool.
The motion prevailed.
Senator Harris asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time.
Senator Averitt offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 1977 (Senate committee printing) as follows:
(1)iiAdd the following new SECTIONS to the bill, appropriately numbered:
SECTION i__.iiSection 1506.001, Insurance Code, is amended by adding Subdivisions (1-a) through (1-e) and (8) to read as follows:
(1-a)ii"Church plan" has the meaning assigned by Section 3(33), Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1002(33)).
(1-b)ii"Creditable coverage" means, with respect to an individual, coverage of the individual provided under any of the following:
(A)iia group health plan;
Monday, May 21, 2007 SENATE JOURNAL 2423
(B)iihealth insurance coverage;
(C)iiPart A or Part B, Title XVIII, Social Security Act (42 U.S.C. Section 1395c et seq.);
(D)iiTitle XIX, Social Security Act (42 U.S.C. Section 1396 et seq.), other than coverage consisting solely of benefits under Section 1928 of that Act (42 U.S.C. Section 1396s);
(E)ii10 U.S.C. Section 1071 et seq.;
(F)iia medical care program of the Indian Health Service or a tribal organization;
(G)iia state health benefits risk pool;
(H)iia health benefits plan offered under 5 U.S.C. Section 8901 et seq.;
(I)iia public health plan as defined in federal regulations;
(J)iia health benefit plan under Section 5(e), Peace Corps Act (22 U.S.C. Section 2504(e)); or
(K)iia state child health plan provided under Title XXI, Social Security Act (42 U.S.C. Section 1397aa et seq.).
(1-c)ii"Federally defined eligible individual" means an individual:
(A)iifor whom, as of the date on which the individual seeks coverage under this chapter, the aggregate period of creditable coverage is 18 months or more;
(B)iiwhose most recent prior creditable coverage was under:
(i)iia group health plan, governmental plan, or church plan; or
(ii)iihealth insurance coverage offered in connection with a plan described by Subparagraph (i);
(C)iiwho is not eligible for coverage under a group health plan, Part A or Part B, Title XVIII, Social Security Act (42 U.S.C. Section 1395c et seq.), or a state plan under Title XIX, Social Security Act (42 U.S.C. Section 1396 et seq.), or any successor program, and who does not have other health benefit plan coverage;
(D)iiwith respect to whom the most recent coverage within the aggregate creditable coverage was not terminated based on a factor relating to nonpayment of premiums or fraud;
(E)iiwho, if offered the option of continuation coverage under a continuation provision required by Title X, Consolidated Omnibus Budget Reconciliation Act of 1985 (29 U.S.C. Section 1161 et seq.) (COBRA), or under a similar state program, elected that coverage; and
(F)iiwho has exhausted continuation coverage, if elected, under Paragraph (E).
(1-d)ii"Governmental plan" has the meaning assigned by Section 3(32), Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1002(32)), and includes any United States governmental plan.
(1-e)ii"Group health plan" means an employee welfare benefit plan as defined by Section 3(1), Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1002(1)), to the extent that the plan provides health benefit plan coverage to employees or their dependents as defined under the terms of the plan, directly or through insurance, reimbursement, or otherwise.
2424 80th Legislature — Regular Session 65th Day (Cont.)
(8)ii"Significant break in coverage" means a period of 63 consecutive days during all of which the individual does not have health benefit plan coverage, except that a waiting period or an affiliation period is not considered in determining a significant break in coverage.
SECTIONi__.iiSection 1506.002, Insurance Code, is amended by amending Subsection (b) and adding Subsections (c) and (d) to read as follows:
(b)iiIn this chapter, "health benefit plan" does not include one or more or any combination of the following:
(1)iicoverage only for accident or disability income insurance or any combination of those coverages;
(2)iicredit-only [a plan providing coverage only for dental or vision care;
[(3)iifixed indemnity insurance, including hospital indemnity insurance;
[(4)iicredit] insurance;
(3)i[(5)iilong-term care insurance;
[(6)iidisability income insurance;
[(7)iiother limited benefit coverage, including specified disease coverage;
[(8)]iicoverage issued as a supplement to liability insurance;
(4)iiliability insurance, including general liability insurance and automobile liability insurance;
(5)i[(9)iiinsurance arising out of a] workers' compensation [law] or similar
insurance [law];
(6)iicoverage for on-site medical clinics;
(7)i[(10)]iiautomobile medical payment insurance; [or]
(8)i[(11)]iiinsurance coverage under which benefits are payable with or
without regard to fault and that is statutorily required to be contained in a liability
insurance policy or equivalent self-insurance; or
(9)iiother similar insurance coverage, specified by federal regulations issued under the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191), under which benefits for medical care are secondary or incidental to other insurance benefits.
(c)iiIn this chapter, "health benefit plan" does not include the following benefits if they are provided under a separate policy, certificate, or contract of insurance, or are otherwise not an integral part of the coverage:
(1)iilimited scope dental or vision benefits;
(2)iibenefits for long-term care, nursing home care, home health care, community-based care, or any combination of these benefits; or
(3)iiother similar, limited benefits specified by federal regulations issued under the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191).
(d)iiIn this chapter, "health benefit plan" does not include the following benefits if the benefits are provided under a separate policy, certificate, or contract of insurance, there is no coordination between the provision of the benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor, and the benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor:
Monday, May 21, 2007 SENATE JOURNAL 2425
(1)iicoverage only for a specified disease or illness; or
(2)iihospital indemnity or other fixed indemnity insurance.
SECTIONi__.iiSubsection (a), Section 1506.151, Insurance Code, is amended to read as follows:
(a)iiThe pool shall offer coverage consistent with major medical expense
coverage to each eligible individual [who is under the age of 65].
SECTIONi__.iiSubsection (a), Section 1506.152, Insurance Code, is amended to read as follows:
(a)iiAn individual who is a legally domiciled resident of this state is eligible for coverage from the pool if the individual:
(1)iiprovides to the pool evidence that the individual is a federally defined
eligible individual who has not experienced a significant break in coverage
[maintained health benefit plan coverage for the preceding 18 months with no gap in
coverage longer than 63 days and with the most recent coverage being provided
through an employer-sponsored plan, church plan, or government plan];
(2)iiis younger than 65 years of age and provides to the pool evidence that the individual maintained health benefit plan coverage under another state's qualified Health Insurance Portability and Accountability Act health program that was terminated because the individual did not reside in that state and submits an application for pool coverage not later than the 63rd day after the date the coverage described by this subdivision was terminated;
(3)iiis younger than 65 years of age and has been a legally domiciled resident of this state for the preceding 30 days, is a citizen of the United States or has been a permanent resident of the United States for at least three continuous years, and provides to the pool:
(A)iia notice of rejection of, or refusal to issue, substantially similar individual health benefit plan coverage from a health benefit plan issuer, other than an insurer that offers only stop-loss, excess loss, or reinsurance coverage, if the rejection or refusal was for health reasons;
(B)iicertification from an agent or salaried representative of a health benefit plan issuer that states that the agent or salaried representative cannot obtain substantially similar individual coverage for the individual from any health benefit plan issuer that the agent or salaried representative represents because, under the underwriting guidelines of the health benefit plan issuer, the individual will be denied coverage as a result of a medical condition of the individual;
(C)iian offer to issue substantially similar individual coverage only with conditional riders;
(D)iia diagnosis of the individual with one of the medical or health conditions on the list adopted under Section 1506.154; or
(E)iievidence that the individual is covered by substantially similar individual coverage that excludes one or more conditions by rider; or
(4)iiprovides to the pool evidence that, on the date of application to the pool, the individual is certified as eligible for trade adjustment assistance or for pension benefit guaranty corporation assistance, as provided by the Trade Adjustment Assistance Reform Act of 2002 (Pub. L. No. 107-210).
2426 80th Legislature — Regular Session 65th Day (Cont.)
SECTIONi__.iiSection 1506.153, Insurance Code, as amended by Chapters 728 and 824, Acts of the 79th Legislature, Regular Session, 2005, is amended to read as follows:
Sec.i1506.153.iiINELIGIBILITY FOR COVERAGE. Notwithstanding Section
1506.152 [Sections 1506.152(a)-(d)], an individual is not eligible for coverage from
the pool if:
(1)iion the date pool coverage is to take effect, the individual has health benefit plan coverage from a health benefit plan issuer or health benefit arrangement in effect, except as provided by Section 1506.152(a)(3)(E);
(2)iiat the time the individual applies to the pool, the individual is eligible for other health care benefits, including an offer of benefits from the continuation of coverage under Title X, Consolidated Omnibus Budget Reconciliation Act of 1985 (29 U.S.C. Section 1161 et seq.), as amended (COBRA), other than:
(A)iicoverage, including COBRA or other continuation coverage or conversion coverage, maintained for any preexisting condition waiting period under a pool policy or during any preexisting condition waiting period or other waiting period of the other coverage;
(B)iiemployer group coverage conditioned by a limitation of the kind described by Section 1506.152(a)(3)(A) or (C); or
(C)iiindividual coverage conditioned by a limitation described by Section 1506.152(a)(3)(C) or (D);
(3)iiwithin 12 months before the date the individual applies to the pool, the individual terminated coverage in the pool, unless the individual:
(A) demonstrates a good faith reason for the termination; or
(B)iiis a federally defined eligible individual;
(4)iithe individual is confined in a county jail or imprisoned in a state or federal prison;
(5)iiany of the individual's premiums are paid for or reimbursed under a
government-sponsored program or by a government agency or health care provider[,
other than as an otherwise qualifying full-time employee of a government agency or
health care provider or as a dependent of such an employee];
(6)iithe individual's prior coverage with the pool was terminated:
(A)iiduring the 12-month period preceding the date of application for nonpayment of premiums; or
(B)iifor fraud; or
(7)iithe individual is eligible for health benefit plan coverage provided in connection with a policy, plan, or program paid for or sponsored by an employer, even though the employer coverage is declined.
SECTIONi__.iiSubsection (a), Section 1506.154, Insurance Code, is amended to read as follows:
(a)iiThe board shall adopt a list of medical or health conditions for which an
individual is eligible for pool coverage under Section 1506.152(a)(3)(D)
[1506.152(a)(3)(E)] without applying for health benefit plan coverage.
SECTIONi__.iiSubsections (b) and (c), Section 1506.155, Insurance Code, are amended to read as follows:
Monday, May 21, 2007 SENATE JOURNAL 2427
(b)iiThe exclusion provided by Subsection (a) does not apply to a federally defined eligible individual or an individual who:
(1)iiwas continuously covered for a period of at least 12 months, excluding
any waiting period, by creditable [health benefit plan] coverage that terminated not
earlier than the 63rd day before the effective date of coverage under the pool; and
(2)iiapplied for pool coverage not later than the 63rd day after the date the
creditable [health benefit plan] coverage described by Subdivision (1) terminated.
(c)iiIf an individual was covered by creditable [health benefit plan] coverage that
was in effect at any time during the 12-month period preceding the effective date of
the individual's coverage under the pool, the pool shall subtract from the exclusion
period required under Subsection (a) the period that the individual was covered under
that creditable coverage [health benefit plan] and any waiting period that applied
before that creditable [health benefit plan] coverage became effective.
SECTIONi__.iiSubsection (a), Section 1506.202, Insurance Code, is amended to read as follows:
(a)iiThe board may, on a competitive bid basis, contract with [select] one or more
health benefit plan issuers or [a] third-party administrators [administrator] authorized
by the department to administer the pool. [The selection must be made under a
competitive bidding process in accordance with the plan of operation.]
SECTIONi__.iiSection 1506.203, Insurance Code, is amended to read as follows:
Sec.i1506.203.iiADMINISTRATOR'S CONTRACT [TERM; SUCCEEDING
TERM].ii(a)iiA person selected as a pool administrator shall serve [serves] in that
capacity for a period specified in the contract between the pool and the pool
administrator, subject to removal for cause and subject to any terms, conditions, and
limitations of the contract between the pool and the pool administrator. The term of
the contract must be at least three years and may be extended, in the board's sole
discretion, for up to a total term of six years [three-year term beginning on the date the
board issues its order making the selection].
(b)iiNot later than one year before the expiration date of a pool administrator's
contract, including any board-authorized extensions of that contract [term], the board
shall invite all health benefit plan issuers, including the pool administrator, to submit
bids to serve as a pool administrator for the succeeding administration period. The
selection of the succeeding pool administrator must be made not later than the sixth
calendar month preceding the month in which the pool administrator's contract [term]
expires.
SECTIONi__.iiSubsection (b), Section 1506.254, Insurance Code, is amended to read as follows:
(b)iiInterest accrues on the unpaid amount of an assessment at a rate equal to the
prime lending rate, as published in the most recent issue of the Wall Street Journal and
determined as of the first day of each month during which [date] the assessment is
[becomes] delinquent, plus three percent.
(2)iiIn SECTION 6 of the bill, between "SECTION 6." and "The change" (page 2, line 36), insert "(a)".
(3)iiIn SECTION 6 of the bill, at the end of that SECTION (page 2, between lines 43 and 44), insert:
2428 80th Legislature — Regular Session 65th Day (Cont.)
(b)iiThis Act applies only to an application for initial or renewal coverage through the Texas Health Insurance Risk Pool under Chapter 1506, Insurance Code, as amended by this Act, that is filed with the pool on or after January 1, 2008. An application filed before January 1, 2008 is governed by the law in effect on the date on which the application was filed, and the former law is continued in effect for that purpose.
(c)iiThe change in law made by this Act to Subsection (b), Section 1506.254, Insurance Code, applies to an assessment under Subchapter F, Chapter 1506, Insurance Code, for a calendar year beginning on or after January 1, 2008. An assessment for a calendar year before January 1, 2008, is governed by the law in effect during the period for which the assessment is made, and the former law is continued in effect for that purpose.
(4)iiIn SECTION 7 of the bill, strike "This Act takes effect" (page 2, line 44) and substitute "(a) Except as provided by Subsection (b) of this section, this Act takes effect".
(5)iiIn SECTION 7 of the bill, at the end of that SECTION (page 2, between lines 48 and 49), insert:
(b)iiThe change in law made by this Act to Sections 1506.001, 1506.002, 1506.151, 1506.152, 1506.153, 1506.154, 1506.155, 1506.202, 1506.203, and 1506.254, Insurance Code, takes effect January 1, 2008.
The amendment to CSHB 1977 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
On motion of Senator Averitt and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
CSHB 1977 as amended was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays:iiHarris.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 1977 ON THIRD READING
Senator Averitt moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi1977 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiHarris.
The bill was read third time and was passed by the following vote:iiYeasi30, Naysi1.ii(Same as previous roll call)
HOUSE BILL 3060 ON SECOND READING
On motion of Senator Watson and by unanimous consent, the regular order of business was suspended to take up for consideration HB 3060 at this time on its second reading:
Monday, May 21, 2007 SENATE JOURNAL 2429
HB 3060, Relating to issuance by a court of a capias or a capias pro fine.
The bill was read second time.
Senator Watson offered the following amendment to the bill:
Floor Amendment No. 1
Amend the HB 3060 (Senate committee report) by adding the following and renumbering accordingly:
SECTIONi____.iiSubsection (a), Article 102.011, Code of Criminal Procedure, is amended to read as follows:
(a)iiA defendant convicted of a felony or a misdemeanor shall pay the following fees for services performed in the case by a peace officer:
(1)ii$5 for issuing a written notice to appear in court following the defendant's violation of a traffic law, municipal ordinance, or penal law of this state, or for making an arrest without a warrant;
(2)ii$50 for executing or processing an issued arrest warrant or capias, with the fee imposed for the services of:
(A)iithe law enforcement agency that executed the arrest warrant or capias, if the agency requests of the court, not later than the 15th day after the date of the execution of the arrest warrant or capias, the imposition of the fee on conviction; or
(B)iithe law enforcement agency that processed the arrest warrant or capias, if:
(i)iithe arrest warrant or capias was not executed; or
(ii)iithe executing law enforcement agency failed to request the fee within the period required by Paragraph (A) of this subdivision;
(3)ii$5 for summoning a witness;
(4)ii$35 for serving a writ not otherwise listed in this article;
(5)ii$10 for taking and approving a bond and, if necessary, returning the bond to the courthouse;
(6)ii$5 for commitment or release;
(7)ii$5 for summoning a jury, if a jury is summoned; and
(8)ii$8 for each day's attendance of a prisoner in a habeas corpus case if the prisoner has been remanded to custody or held to bail.
SECTIONi____.iiThe change in law made by this Act applies only to a fee imposed for the execution or processing of a warrant or capias issued for an offense committed on or after the effective date of this Act. A fee imposed for the execution or processing of a warrant or capias issued for 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 is committed before the effective date of this Act if any element of the offense occurs before that date.
The amendment to HB 3060 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
2430 80th Legislature — Regular Session 65th Day (Cont.)
On motion of Senator Watson and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
HB 3060 as amended was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 3060 ON THIRD READING
Senator Watson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi3060 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time.
Senator Watson moved to postpone further consideration of the bill to a time certain of 1:30 p.m. today.
The motion prevailed.
Question — Shall HBi3060 be finally passed?
COMMITTEEiiSUBSTITUTE
HOUSE BILL 1188 ON SECOND READING
On motion of Senator Shapiro and by unanimous consent, the regular order of business was suspended to take up for consideration CSHBi1188 at this time on its second reading:
CSHB 1188, Relating to the Texas emerging technology fund.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 1188 ON THIRD READING
Senator Shapiro moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi1188 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
(Senator Brimer in Chair)
HOUSE BILL 1585 ON SECOND READING
On motion of Senator Deuell and by unanimous consent, the regular order of business was suspended to take up for consideration HBi1585 at this time on its second reading:
HB 1585, Relating to administrative penalties imposed by a public health district or a county for violations of health and safety provisions relating to retail food service.
Monday, May 21, 2007 SENATE JOURNAL 2431
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 1585 ON THIRD READING
Senator Deuell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi1585 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 922 ON SECOND READING
Senator Carona moved to suspend the regular order of business to take up for consideration HBi922 at this time on its second reading:
HB 922, Relating to the power of a municipality to enforce compliance with speed limits by an automated traffic control system.
The motion prevailed.
Senators Averitt, Eltife, Ogden, and Seliger asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays:iiAveritt, Eltife, Ogden, Seliger.
HOUSE BILL 922 ON THIRD READING
Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi922 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi27, Naysi4.
Yeas:iiBrimer, Carona, Deuell, Duncan, Ellis, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Jackson, Janek, Lucio, Nelson, Nichols, Patrick, Shapiro, Shapleigh, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.
Nays:iiAveritt, Eltife, Ogden, Seliger.
The bill was read third time and was passed by the following vote:iiYeasi27, Naysi4.ii(Same as previous roll call)
COMMITTEEiiSUBSTITUTE
HOUSE BILL 888 ON SECOND READING
On motion of Senator Watson and by unanimous consent, the regular order of business was suspended to take up for consideration CSHBi888 at this time on its second reading:
2432 80th Legislature — Regular Session 65th Day (Cont.)
CSHB 888, Relating to the cost of obtaining copies of an injured employee's medical records for use by an ombudsman under the office of injured employee counsel's ombudsman program; providing an administrative violation.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 888 ON THIRD READING
Senator Watson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi888 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
May 21, 2007
The Honorable President of the Senate
Senate Chamber
Austin, Texas
Mr. President:
I am directed by the House to inform the Senate that the House has taken the following action:
THE HOUSE HAS CONCURRED IN SENATE AMENDMENTS TO THE FOLLOWING MEASURES:
HB 41 (143 Yeas, 0 Nays, 2 Present, not voting)
HB 44 (127 Yeas, 10 Nays, 3 Present, not voting)
HB 188 (137 Yeas, 0 Nays, 1 Present, not voting)
HB 273 (132 Yeas, 0 Nays, 1 Present, not voting)
HB 323 (141 Yeas, 0 Nays, 2 Present, not voting)
HB 413 (140 Yeas, 0 Nays, 1 Present, not voting)
HB 530 (139 Yeas, 0 Nays, 2 Present, not voting)
HB 536 (143 Yeas, 0 Nays, 2 Present, not voting)
HB 587 (142 Yeas, 0 Nays, 2 Present, not voting)
HB 604 (143 Yeas, 0 Nays, 2 Present, not voting)
HB 662 (141 Yeas, 0 Nays, 2 Present, not voting)
HB 902 (137 Yeas, 0 Nays, 2 Present, not voting)
Monday, May 21, 2007 SENATE JOURNAL 2433
HB 921 (141 Yeas, 0 Nays, 1 Present, not voting)
HB 1355 (135 Yeas, 5 Nays, 2 Present, not voting)
HB 1602 (145 Yeas, 0 Nays, 1 Present, not voting)
HB 1634 (141 Yeas, 1 Nays, 1 Present, not voting)
HB 1720 (132 Yeas, 9 Nays, 2 Present, not voting)
HB 2144 (141 Yeas, 0 Nays, 3 Present, not voting)
HB 2345 (140 Yeas, 1 Nays, 2 Present, not voting)
HB 3140 (138 Yeas, 0 Nays, 2 Present, not voting)
HB 3446 (142 Yeas, 1 Nays, 2 Present, not voting)
HB 3505 (138 Yeas, 1 Nays, 2 Present, not voting)
HB 3827 (142 Yeas, 0 Nays, 2 Present, not voting)
HB 3900 (141 Yeas, 0 Nays, 2 Present, not voting)
THE HOUSE HAS REFUSED TO CONCUR IN SENATE AMENDMENTS TO THE FOLLOWING MEASURES AND REQUESTS THE APPOINTMENT OF A CONFERENCE COMMITTEE TO ADJUST THE DIFFERENCES BETWEEN THE TWO HOUSES:
HB 447 (non-record vote)
House Conferees:iiCallegari - Chair/Escobar/Macias/Murphy/Smith, Wayne
HB 479 (non-record vote)
House Conferees:iiFlores - Chair/Geren/Hamilton/Pena/Puente
HB 1090 (non-record vote)
House Conferees:iiSwinford - Chair/Christian/Heflin/Hopson/King, Phil
HB 1610 (non-record vote)
House Conferees:iiMadden - Chair/Hodge/Jones, Delwin/McReynolds/Pena
HB 1973 (non-record vote)
House Conferees:iiDelisi - Chair/Hopson/McReynolds/Truitt/Zerwas
HB 2458 (non-record vote)
House Conferees:iiCook, Byron - Chair/Eissler/Flynn/Jones, Delwin/Ritter
THE HOUSE HAS GRANTED THE REQUEST OF THE SENATE FOR THE APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING MEASURES:
SB 1896 (non-record vote)
House Conferees:iiDelisi - Chair/Gonzales/Homer/Hopson/Zerwas
THE HOUSE HAS ADOPTED THE FOLLOWING CONFERENCE COMMITTEE REPORTS:
HB 88 (142 Yeas, 1 Nays, 2 Present, not voting)
HB 1270 (128 Yeas, 13 Nays, 3 Present, not voting)
2434 80th Legislature — Regular Session 65th Day (Cont.)
SB 426 (121 Yeas, 19 Nays, 1 Present, not voting)
Respectfully,
/s/Robert Haney, Chief Clerk
House of Representatives
HOUSE BILL 1052 ON SECOND READING
Senator Carona moved to suspend the regular order of business to take up for consideration HBi1052 at this time on its second reading:
HB 1052, Relating to requiring warning signs before intersections at which a municipality uses a photographic traffic monitoring system to enforce compliance with a traffic-control signal.
The motion prevailed.
Senators Shapiro and Wentworth asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays:iiShapiro, Wentworth.
HOUSE BILL 1052 ON THIRD READING
Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi1052 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi29, Naysi2.
Yeas:iiAveritt, Brimer, Carona, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Jackson, Janek, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapleigh, Uresti, VanideiPutte, Watson, West, Whitmire, Williams, Zaffirini.
Nays:iiShapiro, Wentworth.
The bill was read third time and was passed by the following vote:iiYeasi29, Naysi2.ii(Same as previous roll call)
COMMITTEEiiSUBSTITUTE
HOUSE BILL 1316 ON SECOND READING
Senator Carona moved to suspend the regular order of business to take up for consideration CSHBi1316 at this time on its second reading:
CSHB 1316, Relating to a fee exemption under the Public Accountancy Act for accountants in this state who are employed by certain governmental entities.
The motion prevailed.
Senator Patrick asked to be recorded as voting "Nay" on suspension of the regular order of business.
Monday, May 21, 2007 SENATE JOURNAL 2435
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays:iiPatrick.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 1316 ON THIRD READING
Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi1316 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi30, Naysi1.
Nays:iiPatrick.
The bill was read third time and was passed by the following vote:iiYeasi30, Naysi1.ii(Same as previous roll call)
COMMITTEEiiSUBSTITUTE
HOUSE BILL 957 ON SECOND READING
On motion of Senator Ellis and by unanimous consent, the regular order of business was suspended to take up for consideration CSHBi957 at this time on its second reading:
CSHB 957, Relating to participation by certain state employees in a default investment product under a deferred compensation plan.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 957 ON THIRD READING
Senator Ellis moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi957 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 155 ON SECOND READING
On motion of Senator Lucio and by unanimous consent, the regular order of business was suspended to take up for consideration HB 155 at this time on its second reading:
HB 155, Relating to correcting errors in the distribution of benefits by a public retirement system.
The bill was read second time.
2436 80th Legislature — Regular Session 65th Day (Cont.)
Senator Hegar offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 155 as follows:
(1)iiOn page 1, line 12, replace "(a-1) and" with "(a-1),".
(2)iiOn page 1, line 13, between "(a-2)" and "to", insert the words ", and (d)".
(3)iiOn page 2, line 3, after "Section 802.1025." insert a new subsection (d) to read as follows:ii"(d)iiSubsections (a-1), (a-2), and (b)(3) apply only to a public retirement system located in county with a population of 650,000 or more that is located within 50 miles of an international border."
(4)iiOn page 2, line 50, after "district court." insert a new subsection (f) to read as follows: "(f) This section applies only to a public retirement system located in a county with a population of 650,000 or more that is located within 50 miles of an international border."
The amendment to HB 155 was read and was adopted by the following vote:iiYeasi25, Naysi5.
Yeas:iiAveritt, Carona, Deuell, Duncan, Ellis, Eltife, Estes, Gallegos, Harris, Hegar, Jackson, Janek, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, VanideiPutte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.
Nays:iiBrimer, Hinojosa, Lucio, Shapleigh, Uresti.
Absent:iiFraser.
On motion of Senator Lucio and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
HB 155 as amended was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 155 ON THIRD READING
Senator Lucio moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi155 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
GUESTS PRESENTED
Senator Ellis was recognized and introduced to the Senate representatives of the 100 Black Men of America, Incorporated.
The Senate welcomed its guests.
HOUSE BILL 590 ON SECOND READING
On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration HBi590 at this time on its second reading:
Monday, May 21, 2007 SENATE JOURNAL 2437
HB 590, Relating to standards of conduct for and conflicts of interest of state officers and employees.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 590 ON THIRD READING
Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi590 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 1944 ON SECOND READING
On motion of Senator Ellis and by unanimous consent, the regular order of business was suspended to take up for consideration CSHBi1944 at this time on its second reading:
CSHB 1944, Relating to the elimination of sexual assault against inmates confined in a facility operated by or under contract with the Texas Department of Criminal Justice.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 1944 ON THIRD READING
Senator Ellis moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi1944 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 550 ON SECOND READING
Senator Zaffirini moved to suspend the regular order of business to take up for consideration HBi550 at this time on its second reading:
HB 550, Relating to the eligibility of certain victims of family violence for unemployment compensation.
The motion prevailed.
Senators Harris, Patrick, and Williams asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time.
2438 80th Legislature — Regular Session 65th Day (Cont.)
Senator Jackson offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 550 (Senate committee printing) as follows:
(1)iiIn SECTION 1 of the bill, in amended Subsection (a), Section 204.022,
Labor Code (page 2, line 4), strike "or" and substitute "[or]".
(2)iiIn SECTION 1 of the bill, in amended Subsection (a), Section 204.022, Labor Code (page 2, line 8), between "423" and the period, insert the following:
"; or
(14)iiresulted from the employee leaving the employee's workplace to care for the employee's terminally ill spouse as evidenced by a physician's statement or other medical documentation, but only if no reasonable, alternative care was available".
(3)iiIn SECTION 3 of the bill, in amended Subsection (a), Section 207.046,
Labor Code (page 2, line 20), strike "or" and substitute "[or]".
(4)iiIn SECTION 3 of the bill, in amended Subsection (a), Section 207.046, Labor Code (page 2, line 35), between "patient" and the period, insert the following:
"; or
(3)iithe individual leaves the workplace to care for the individual's terminally ill spouse as evidenced by a physician's statement or other medical documentation, but only if no reasonable, alternative care was available".
The amendment to HB 550 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
(President in Chair)
Senator West offered the following amendment to the bill:
Floor Amendment No. 2
Amend HB 550 (Senate committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill appropriately:
SECTIONi___.iiSubtitle D, Title 2, Labor Code, is amended by adding Chapter 84 to read as follows:
CHAPTER 84. EMPLOYEE RIGHT TO TIME OFF FOLLOWING VIOLENCE AGAINST EMPLOYEE OR CERTAIN FAMILY OR HOUSEHOLD MEMBERS
Sec.i84.001.iiDEFINITION. In this chapter, "family violence" has the meaning assigned by Section 71.004, Family Code.
Sec.i84.002.iiAPPLICATION. This chapter applies only to an employee:
(1)iiemployed by an employer who employs at least 50 employees;
(2)iiwho has been employed by the employer from whom the employee seeks leave under this chapter for at least three months; and
(3)iiwho is a victim of family violence or whose spouse, child, parent, or household member is a victim of family violence.
Monday, May 21, 2007 SENATE JOURNAL 2439
Sec.i84.003.iiRIGHT TO TIME OFF; LIMITATIONS. (a) Except as provided by Subsections (b) and (c), an employee to whom this chapter applies is entitled to time off as provided by this section to:
(1)iiseek an injunction, protective order, or other order against the perpetrator of family violence against the employee or the employee's family or household member;
(2)iiobtain medical care or mental health counseling, or both, for physical or psychological injuries suffered by the employee or the employee's family or household member as a result of family violence;
(3)iiobtain services from a victim services organization, including a family violence center or program or a rape crisis center, for the employee or the employee's family or household member in relation to the occurrence of family violence;
(4)iiparticipate in safety planning or temporary or permanent relocation or take any other action necessary to increase the safety of the employee or the employee's family or household member following the occurrence of family violence; or
(5)iiseek legal assistance to address issues arising from the occurrence of family violence.
(b)iiBefore taking time off under this section, an employee must provide the employer with reasonable advance notice of the planned absence of the employee, unless the employee determines that providing notice is impracticable under the circumstances.
(c)iiAn employee is entitled under this section to not more than five days of leave, excluding weekend days and legal holidays, in any 12-month period.
Sec.i84.004.iiUSE OF LEAVE TIME; EFFECT ON EMPLOYEE PAY. (a) An employee who has existing vacation leave time, personal leave time, sick leave time, or compensatory leave time must use that leave time for a planned absence authorized by this chapter. An employer may waive the requirements of this subsection.
(b)iiAn employer is not required to compensate an employee during a planned absence authorized by this chapter unless the employee is using leave time under Subsection (a).
Sec.i84.005.iiCONFIDENTIALITY. An employer shall maintain the confidentiality of the fact that an employee has requested or obtained time off under this chapter and any written document or record submitted to the employer by the employee relating to a request for time off under this chapter, except to the extent that disclosure is:
(1)iirequested or consented to in writing by the employee; or
(2)iirequired by other state or federal law.
Sec.i84.006.iiUNLAWFUL ACTION AGAINST EMPLOYEE.ii(a) An employer may not interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided to an employee under this chapter.
(b)iiAn employer may not suspend or terminate the employment of, retaliate against, or otherwise discriminate against an employee who takes time off authorized by this chapter if the employee has provided written notice as required by this chapter.
2440 80th Legislature — Regular Session 65th Day (Cont.)
(c)iiAn employee who takes time off under this chapter has no greater right to continued employment or to other benefits and conditions of employment than if the employee were not entitled to time off under this chapter.
(d)iiThis chapter does not limit an employer's right to discipline or terminate an employee for any reason, including due to a reduction in workforce or for cause, other than for the exercise by the employee of a right to which the employee is entitled under this chapter or as prohibited by other law.
Sec.i84.007.iiCIVIL REMEDY. (a) Notwithstanding any other law, the sole remedy for a person claiming to be aggrieved by a violation of this chapter by an employer is to bring a civil suit for damages or equitable relief, or both, in district court. The person may claim as damages all wages and benefits lost as a result of the violation by the employer, up to and including the date of the judgment, except that the person may not claim wages or benefits that accrued during a period of leave granted without pay under this chapter.
(b)iiThis section does not relieve a claimant from any obligation to mitigate damages.
The amendment to HB 550 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 2 except as follows:
Nays:iiFraser.
VOTE RECONSIDERED
On motion of Senator Duncan and by unanimous consent, the vote by which Floor Amendment No.i2 was adopted was reconsidered.
(Senator Brimer in Chair)
On motion of Senator Zaffirini, further consideration of HBi550 was postponed to a time certain of 4:00 p.m. today.
Question — Shall Floor Amendment No. 2 to HBi550 be adopted?
HOUSE BILL 3060 ON THIRD READING
The Presiding Officer laid before the Senate HBi3060 by Senator Watson on its third reading and final passage. The bill had been read third time and further consideration postponed to a time certain of 1:30 p.m. today:
HB 3060, Relating to issuance by a court of a capias or a capias pro fine.
Question — Shall HB 3060 be finally passed?
Senator Ellis offered the following amendment to the bill:
Floor Amendment No. 1 on Third Reading
Amend HB 3060 on third reading by inserting the following sections and renumbering accordingly.
SECTIONi__.iiChapter 43, Code of Criminal Procedure, is amended by adding Article 43.27 to read as follows:
Art.i43.27.iiTEXAS INNOCENCE COMMISSION
Sec.i1.iiCREATION. The Texas Innocence Commission is created.
Monday, May 21, 2007 SENATE JOURNAL 2441
Sec.i2.iiCOMPOSITION. (a)iiThe commission is composed of nine members. The governor shall appoint two members, one of whom must be a dean of a law school and one of whom must be a law enforcement officer. The lieutenant governor shall appoint one member, who may be a member of the legislature. The speaker of the house of representatives shall appoint one member, who may be a member of the legislature. The presiding judge of the court of criminal appeals shall appoint one member, who must be a member of the judiciary. The presiding officer of the Texas Forensic Science Commission shall appoint one member, who must work in the forensic science field. The Texas District and County Attorneys Association shall appoint one member, who must be a prosecuting attorney. The Texas Criminal Defense Lawyers Association shall appoint one member, who must be a criminal defense lawyer. The president of the Texas Center for Actual Innocence at The University of Texas School of Law, the director of the innocence project at the University of Houston Law Center, or the director of the innocence project at the Texas Tech University School of Law, on a rotating basis, shall appoint one member, who must be an attorney with experience in filing successful appellate claims based on actual innocence.
(b)iiEach member serves a two-year term.
(c)iiThe governor shall designate a member to serve as presiding officer.
Sec.i3.iiDUTIES. (a)iiThe commission shall investigate thoroughly all postconviction exonerations, including convictions vacated based on a plea to time served, to:
(1)iiascertain errors and defects in the criminal procedure used to prosecute the defendant's case at issue;
(2)iiidentify errors and defects in the criminal justice process in this state generally;
(3)iidevelop solutions and methods to correct the identified errors and defects; and
(4)iiidentify procedures and programs to prevent future wrongful convictions.
(b)iiThe commission may enter into contracts for research services as considered necessary to complete the investigation of a particular case, including forensic testing and autopsies.
Sec.i4.iiREPORT. (a)iiThe commission shall compile a detailed annual report of its findings and recommendations, including any proposed legislation to implement procedures and programs to prevent future wrongful convictions or executions.
(b)iiThe report shall be made available to the public on request.
(c)iiThe findings and recommendations contained in the report may not be used as binding evidence in a subsequent civil or criminal proceeding.
Sec.i5.iiSUBMISSION. The commission shall submit the report described by Section 4 to the governor, the lieutenant governor, and the speaker of the house of representatives not later than December 1 of each even-numbered year.
Sec.i6.iiREIMBURSEMENT. A member of the commission is not entitled to compensation but is entitled to reimbursement for the member's travel expenses as provided by Chapter 660, Government Code, and the General Appropriations Act.
2442 80th Legislature — Regular Session 65th Day (Cont.)
Sec.i7.iiASSISTANCE. The Texas Legislative Council, the Legislative Budget Board, and The University of Texas at Austin shall assist the commission in performing the commission's duties.
Sec.i8.iiOTHER LAW. The commission is not subject to Chapter 2110, Government Code.
SECTIONi__.ii(a)iiThe purpose of this section is to establish the rotating basis for appointments by law schools as required by Section 2, Article 43.27, Code of Criminal Procedure, as added by this Act.
(b)iiThe president of the Texas Center for Actual Innocence at The University of Texas School of Law shall make the first appointment under Section 2, Article 43.27, Code of Criminal Procedure, as added by this Act. After the expiration of the appointee's two-year term, the director of the innocence project at the University of Houston Law Center shall make the second appointment under Section 2, Article 43.27, Code of Criminal Procedure, as added by this Act. After the expiration of the second appointment, the director of the innocence project at Texas Tech University School of Law shall make the third appointment.
SECTIONi__.iiThe appointments to the Texas Innocence Commission as required by Article 43.27, Code of Criminal Procedure, as added by this Act, shall be made not later than the 60th day after the effective date of this Act.
SECTIONi__.iiThis Act takes effect September 1, 2007.
The amendment to HB 3060 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1 on Third Reading.
Senator Ellis offered the following amendment to the bill:
Floor Amendment No. 2 on Third Reading
Amend HB 3060 on third reading by inserting the following and renumbering accordingly.
SECTIONi__.iiSection 133.003, Local Government Code, is amended to read as follows:
Sec.i133.003.iiCRIMINAL FEES.iiThis chapter applies to the following criminal fees:
(1)iithe consolidated fee imposed under Section 133.102;
(2)iithe time payment fee imposed under Section 133.103;
(3)iifees for services of peace officers employed by the state imposed under Article 102.011, Code of Criminal Procedure, and forwarded to the comptroller as provided by Section 133.104;
(4)iicosts on conviction imposed in certain statutory county courts under Section 51.702, Government Code, and deposited in the judicial fund;
(5)iicosts on conviction imposed in certain county courts under Section 51.703, Government Code, and deposited in the judicial fund;
(6)iithe administrative fee for failure to appear or failure to pay or satisfy a judgment imposed under Section 706.006, Transportation Code;
(7)iifines on conviction imposed under Section 621.506(g), Transportation Code;
Monday, May 21, 2007 SENATE JOURNAL 2443
(8)iithe fee imposed under Article 102.0045, Code of Criminal Procedure;
[and]
(9)iithe cost on conviction imposed under Section 133.105 and deposited in the judicial fund; and
(10)iithe cost on conviction imposed under Section 133.107.
SECTIONi__.iiSection 133.004, Local Government Code, is amended to read as follows:
Sec.i133.004.iiCIVIL FEES.iiThis chapter applies to the following civil fees:
(1)iithe consolidated fee on filing in district court imposed under Section 133.151;
(2)iithe filing fee in district court for basic civil legal services for indigents imposed under Section 133.152;
(3)iithe filing fee in courts other than district court for basic civil legal services for indigents imposed under Section 133.153;
(4)iithe filing fees for the judicial fund imposed in certain statutory county courts under Section 51.702, Government Code;
(5)iithe filing fees for the judicial fund imposed in certain county courts under Section 51.703, Government Code;
(6)iithe filing fees for the judicial fund imposed in certain statutory probate courts under Section 51.704, Government Code;
(7)iifees collected under Section 118.015;
(8)iimarriage license fees for the family trust fund collected under Section 118.018;
(9)iimarriage license or declaration of informal marriage fees for the child
abuse and neglect prevention trust fund account collected under Section 118.022;
[and]
(10)iithe filing fee for the judicial fund imposed in district court, statutory county court, and county court under Section 133.154; and
(11)iithe filing fee imposed in district court, statutory county court, and county court under Section 133.155.
SECTIONi__.iiSubchapter C, Chapter 133, Local Government Code, is amended by adding Section 133.107 to read as follows:
Sec.i133.107.iiFEE FOR SUPPORT OF PROGRAMS FOR INDIGENT DEFENDANTS. (a) A person convicted of any offense, other than an offense relating to a pedestrian or the parking of a motor vehicle, shall pay as a court cost, in addition to all other costs, a fee of $2 to be used for programs serving indigent defendants.
(b)iiThe treasurer shall remit the fees collected under this section to the comptroller in the manner provided by Subchapter B. The comptroller shall deposit the fees as provided by Subsection (c).
(c)iiThe comptroller shall:
(1)iicredit remitted fees to the fair defense account established under Section 71.058, Government Code, to be used, subject to all requirements of Section 71.062, Government Code, for demonstration or pilot projects that develop and promote best practices for the efficient delivery of quality representation to indigent defendants in criminal cases at trial, on appeal, and in postconviction proceedings.
2444 80th Legislature — Regular Session 65th Day (Cont.)
SECTIONi__.iiSubchapter D, Chapter 133, Local Government Code, is amended by adding Section 133.155 to read as follows:
Sec.i133.155.iiADDITIONAL FILING FEE IN DISTRICT COURT, STATUTORY COUNTY COURT, OR COUNTY COURT FOR SUPPORT OF PROGRAMS FOR INDIGENT DEFENDANTS. (a) In addition to other fees authorized or required by law, the clerk of a district court, statutory county court, or county court shall collect a fee of $5 on the filing of any civil suit to be used to support programs for indigent defendants.
(b)iiThe treasurer shall remit the fees collected under this section to the comptroller in the manner provided by Subchapter B. The comptroller shall deposit the fees as provided by Subsection (c).
(c)iiThe comptroller shall:
(1)iicredit the remitted fees to the fair defense account established under Section 71.058, Government Code, to be used, subject to all requirements of Section 71.062, Government Code, for demonstration or pilot projects that develop and promote best practices for the efficient delivery of quality representation to indigent defendants in criminal cases at trial, on appeal, and in postconviction proceedings.
SECTIONi__.iiSubchapter D, Chapter 101, Government Code, is amended by adding Section 101.063 to read as follows:
Sec.i101.063.iiDISTRICT COURT FEES: ADDITIONAL FILING FEE FOR SUPPORT OF INDIGENT DEFENDANT PROGRAMS. The clerk of a district court shall collect on the filing of a civil suit an additional filing fee of $5 under Section 133.155, Local Government Code, to be used for support of indigent defendant programs.
SECTIONi__.iiSubchapter E, Chapter 101, Government Code, is amended by adding Section 101.084 to read as follows:
Sec.i101.084.iiSTATUTORY COUNTY COURT FEES: ADDITIONAL FILING FEE FOR SUPPORT OF INDIGENT DEFENDANT PROGRAMS. The clerk of a statutory county court shall collect on the filing of a civil suit an additional filing fee of $5 under Section 133.155, Local Government Code, to be used for support of indigent defendant programs.
SECTIONi__.iiSubchapter G, Chapter 101, Government Code, is amended by adding Section 101.124 to read as follows:
Sec.i101.124.iiCOUNTY COURT FEES: ADDITIONAL FILING FEE FOR SUPPORT OF INDIGENT DEFENDANT PROGRAMS. The clerk of a county court shall collect on the filing of a civil suit an additional filing fee of $5 under Section 133.155, Local Government Code, to be used for support of indigent defendant programs.
SECTIONi__.iiSubchapter B, Chapter 102, Government Code, is amended by adding Section 102.023 to read as follows:
Sec.i102.023.iiCOURT COST ON CONVICTION FOR SUPPORT OF INDIGENT DEFENDANT PROGRAMS. A person convicted of any offense, other than an offense relating to a pedestrian or the parking of a motor vehicle, shall pay a cost on conviction of $2 under Section 133.107, Local Government Code.
Monday, May 21, 2007 SENATE JOURNAL 2445
SECTIONi__.iiThe imposition of a cost of court under Section 133.107, Local Government Code, as added 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.
SECTIONi__.iiThis Act takes effect September 1, 2007.
The amendment to HB 3060 was read.
Senator Ellis withdrew Floor Amendment No.i2 on Third Reading.
VOTE RECONSIDERED
On motion of Senator Patrick and by unanimous consent, the vote by which Floor Amendment No.i1 on Third Reading was adopted was reconsidered.
Question — Shall Floor Amendment No. 1 on Third Reading to HB 3060 be adopted?
Senator Ellis withdrew Floor Amendment No.i1 on Third Reading.
HB 3060 was finally passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 1678 ON SECOND READING
On motion of Senator Whitmire and by unanimous consent, the regular order of business was suspended to take up for consideration HBi1678 at this time on its second reading:
HB 1678, Relating to the operation of a system of community supervision.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 1678 ON THIRD READING
Senator Whitmire moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi1678 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
MESSAGE FROM THE HOUSE
HOUSE CHAMBER
Austin, Texas
May 21, 2007
The Honorable President of the Senate
Senate Chamber
Austin, Texas
Mr. President:
I am directed by the House to inform the Senate that the House has taken the following action:
2446 80th Legislature — Regular Session 65th Day (Cont.)
THE HOUSE HAS PASSED THE FOLLOWING MEASURES:
SB 1119, Relating to the authority of a local authority to implement a photographic traffic signal enforcement system; providing for the imposition of civil penalties.
(Amended)
Respectfully,
/s/Robert Haney, Chief Clerk
House of Representatives
HOUSE BILL 2235 ON SECOND READING
On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration HBi2235 at this time on its second reading:
HB 2235, Relating to the creation of a technology center grant program for rural counties.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 2235 ON THIRD READING
Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi2235 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 2328 ON SECOND READING
On motion of Senator Whitmire and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 2328 at this time on its second reading:
CSHB 2328, Relating to the offenses of cruelty to livestock and nonlivestock animals.
The bill was read second time.
Senator Whitmire offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 2328 as follows:
In Section 1 of the bill, amend Sec. 42.09(a)(4) as follows:
(4)iitransports or confines a livestock [an] animal in a cruel and unusual
manner;
In Section 1 of the bill, amend Sec. 42.09(a)(9) as follows:
(9)ii[(10)] seriously overworks a livestock [an] animal.
Monday, May 21, 2007 SENATE JOURNAL 2447
In Section 1 of the bill, amend Sec. 42.09(b)(2) as follows:
(2)ii"Cruel manner" includes a manner that causes or permits unjustified or unwarranted pain or suffering.
In Section 1 of the bill, amend Sec. 42.09(b)(7) as follows:
(7)ii"Torture" includes any act that causes unjustifiable pain or suffering.
In Section 1 of the bill, amend Sec. 42.09(b)(9) in Section 1 of the bill, add new subsection (g) as follows:
(g)iiThis section does not create a civil cause of action for damages or enforcement of this section.
In Section 2 of the bill, amend Sec. 42.092(a)(3) as follows:
(3)ii"Cruel manner" includes a manner that causes or permits unjustified or unwarranted pain or suffering.
In Section 2 of the bill, amend Sec. 42.092(a)(8) as follows:
(8)ii"Torture" includes any act that causes unjustifiable pain or suffering.
In Section 2 of the bill, add a new subsection (g) as follows:
(g)iiThis section does not create a civil cause of action for damages or enforcement of the section.
In Section 3 of the bill, delete SECTION 8 and renumber subsequent sections accordingly.
The amendment to CSHB 2328 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
On motion of Senator Whitmire and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
CSHB 2328 as amended was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 2328 ON THIRD READING
Senator Whitmire moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi2328 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 1522 ON SECOND READING
On motion of Senator Williams and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 1522 at this time on its second reading:
CSHB 1522, Relating to parking a commercial motor vehicle on certain streets.
The bill was read second time.
2448 80th Legislature — Regular Session 65th Day (Cont.)
Senator Hinojosa offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 1522 (Senate committee printing) in SECTION 2 of the bill, Section 545.307, Transportation Code (page 1, lines 59 through 61), by striking proposed Subsection (h) and substituting the following:
(h)iiThis section does not apply to:
(1)iia vehicle owned by a utility that an employee of the utility who is on call 24 hours a day parks at the employee's residence; or
(2)iia commercial motor vehicle that is registered to a person who lives in a residence located in the residential subdivision.
The amendment to CSHB 1522 was read.
Senator Uresti offered the following amendment to Floor Amendment No. 1:
Floor Amendment No. 2
Amend Floor Amendment No. 1 to CSHB 1522 as follows:
(1)iiAt page 1, line 8, after "residence;" strike "or";
(2)iiAt page 1, line 11, after the word "subdivision", insert the following:
"; or
(3)iia vehicle owned by a commercial establishment that is parked on the street adjacent to where the establishment is located".
The amendment to Floor Amendment No.i1 to CSHB 1522 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 2.
Question recurring on the adoption of Floor Amendment No.i1 to CSHBi1522, the amendment as amended was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1 as amended.
On motion of Senator Williams and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
CSHB 1522 as amended was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 1522 ON THIRD READING
Senator Williams moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi1522 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
Monday, May 21, 2007 SENATE JOURNAL 2449
HOUSE BILL 3955 ON SECOND READING
On motion of Senator Wentworth and by unanimous consent, the regular order of business was suspended to take up for consideration HB 3955 at this time on its second reading:
HB 3955, Relating to the delegation of a county commissioners court's powers to regulate traffic on county roads.
The bill was read second time.
Senator Wentworth offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 3955 (Senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ___. Section 2301.476, Occupations Code, is amended by adding Subsection (c-1) to read as follows:
(c-1) In order to deal with increasing traffic regulation duties on municipal and county roads posed by illegally sold heavy duty trucks, the director, in determining whether a manufacturer is acting in the capacity of a dealer of new trucks that have a gross vehicle weight rating of 16,000 pounds or more, may consider all of the circumstances surrounding the retail sale of a new truck that has a gross vehicle weight of 16,000 pounds or more, including the solicitation and negotiations preceding the retail sale and the delivery, registration, and titling of the truck after the retail sale. This subsection does not prohibit the sale of a used truck as otherwise permitted by law.
The amendment to HB 3955 was read.
Senator Wentworth withdrew Floor Amendment No.i1.
Senator Wentworth moved to postpone further consideration of the bill to a time certain of 4:00 p.m. today.
The motion prevailed.
Question — Shall HBi3955 be passed to third reading?
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Whitmire and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Criminal Justice might meet and consider the following bills and resolution today:
HBi2300, HBi946, HBi3584, HCRi96.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Ogden and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Finance might meet and consider HBi735 today.
2450 80th Legislature — Regular Session 65th Day (Cont.)
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Duncan and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on State Affairs might meet and consider HBi2265 today.
SENATE RULE 11.10(a) SUSPENDED
(Public Notice of Committee Meetings)
On motion of Senator Nelson and by unanimous consent, Senate Rule 11.10(a) was suspended in order that the Committee on Health and Human Services might meet today.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Ellis and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Government Organization might meet and consider HBi2543 today.
SENATE RULE 11.10(a) SUSPENDED
(Public Notice of Committee Meetings)
On motion of Senator Seliger and by unanimous consent, Senate Rule 11.10(a) was suspended in order that the Committee on Administration might meet today.
HOUSE BILL 1287 REREFERRED
Senator Estes submitted a Motion In Writing requesting that HBi1287 be withdrawn from the Committee on Education and rereferred to the Committee on International Relations and Trade.
The Motion In Writing prevailed without objection.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Lucio and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on International Relations and Trade might meet and consider HBi1287 today.
RECESS
On motion of Senator Whitmire, the Senate at 3:00 p.m. recessed until 4:00ip.m. today.
AFTER RECESS
The Senate met at 4:22 p.m. and was called to order by Senator Brimer.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 1498 ON SECOND READING
On motion of Senator Eltife and by unanimous consent, the regular order of business was suspended to take up for consideration CSHBi1498 at this time on its second reading:
Monday, May 21, 2007 SENATE JOURNAL 2451
CSHB 1498, Relating to the creation of the Panola County Groundwater Conservation District; providing authority to impose a tax and issue bonds.
The bill was read second time and was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 1498 ON THIRD READING
Senator Eltife moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi1498 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
HOUSE BILL 550 ON SECOND READING
The Presiding Officer laid before the Senate HBi550 by Senator Zaffirini on its second reading. The bill had been read second time, an amendment reconsidered, and further consideration postponed to a time certain of 4:00 p.m. today:
HB 550, Relating to the eligibility of certain victims of family violence for unemployment compensation.
Question — Shall Floor Amendment No. 2 to HB 550 be adopted?
Senator West withdrew Floor Amendment No.i2.
On motion of Senator Zaffirini and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
HB 550 as amended was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading except as follows:
Nays:iiHarris, Patrick, Williams.
HOUSE BILL 550 ON THIRD READING
Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi550 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi28, Naysi3.
Yeas:iiAveritt, Brimer, Carona, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Hegar, Hinojosa, Jackson, Janek, Lucio, Nelson, Nichols, Ogden, Seliger, Shapiro, Shapleigh, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Zaffirini.
Nays:iiHarris, Patrick, Williams.
The bill was read third time and was passed by the following vote:iiYeasi28, Naysi3. (Same as previous roll call)
2452 80th Legislature — Regular Session 65th Day (Cont.)
HOUSE BILL 2542 ON SECOND READING
On motion of Senator Estes and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2542 at this time on its second reading:
HB 2542, Relating to the continuation and functions of the Office of Rural Community Affairs.
The bill was read second time.
Senator Estes offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 2542 on page 1, line 20, by striking "2015" and substituting "2011".
BRIMER
ESTES
The amendment to HB 2542 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
Senator Estes offered the following amendment to the bill:
Floor Amendment No. 2
Amend HB 2542 (Senate committee printing) as follows:
(1)iiIn SECTION 3 of the bill, strike amended Subdivisions (2) and (3), Subsection (b), Section 487.021, Government Code (page 1, lines 36 through 47), and substitute the following:
(2)iithree public members appointed by the [lieutenant] governor from a list
of nominees submitted by the lieutenant governor; [and]
(3)iithree public members appointed by the governor from a list of nominees submitted by the speaker of the house of representatives; and
(2)iiIn SECTION 3 of the bill, strike added Subsection (b-1), Section 487.021, Government Code (page 1, lines 50 and 51), and substitute the following:
(b-1)iiThe individuals nominated by the lieutenant governor and the speaker of the house of representatives must reside in a rural city or county and be interested in rural issues. In making an appointment under Subsection (b)(2) or (3), the governor may reject one or more of the nominees on a list submitted by the lieutenant governor or the speaker of the house of representatives and request a new list of different nominees.
The amendment to HB 2542 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 2.
Senator Duncan offered the following amendment to the bill:
Floor Amendment No. 3
Amend HB 2542 (Senate committee printing), in SECTION 3 of the bill, by striking amended Subsection (g), Section 487.021, Government Code (page 2, lines 8 through 11), and substituting the following:
Monday, May 21, 2007 SENATE JOURNAL 2453
(g)iiThe commissioner of agriculture or the commissioner's designee shall serve
as [members of] the [executive committee annually shall elect a] presiding officer
[from among the members] of the board [executive committee].
The amendment to HB 2542 was read.
Senator Estes moved to table Floor Amendment No.i3.
The motion to table was lost by the following vote:iiYeasi12, Naysi16.
Yeas:iiEllis, Estes, Fraser, Jackson, Lucio, Patrick, Seliger, Shapiro, Uresti, Wentworth, Williams, Zaffirini.
Nays:iiBrimer, Carona, Deuell, Duncan, Eltife, Harris, Hegar, Hinojosa, Janek, Nelson, Nichols, Ogden, Shapleigh, Van de Putte, Watson, West.
Absent:iiAveritt, Gallegos, Whitmire.
Question recurring on the adoption of Floor Amendment No.i3 to HBi2542, the amendment was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 3.
On motion of Senator Estes and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
HBi2542 as amended was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 2542 ON THIRD READING
Senator Estes moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi2542 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi30, Naysi1.
Nays:iiPatrick.
REPORT OF COMMITTEE ON NOMINATIONS
Senator Jackson submitted the following report from the Committee on Nominations:
We, your Committee on Nominations, to which were referred the following appointments, have had same under consideration and report them back to the Senate with a recommendation that they be confirmed:
Member, Advisory Committee to the Texas Board of Criminal Justice on Offenders with Medical or Mental Impairments:iiGabriel Holguin, Ph.D., Bexar County.
Members, Aging and Disability Services Council:iiSharon Swift Butterworth, El Paso County; John A. Cuellar, Dallas County; Jean L. Freeman, Ph.D., Galveston County; Nancy L. Lund, Bowie County.
Members, Angelina and Neches River Authority Board of Directors:iiLouis Alan Bronaugh, Angelina County; Greg James, Nacogdoches County.
2454 80th Legislature — Regular Session 65th Day (Cont.)
Members, Assistive and Rehabilitative Services Council:iiDavid Coco, Williamson County; Timothy J. Flannery, Harris County; Lance L. Goetz, M.D., Dallas County; Connie Hughes, Lubbock County; Joseph Muniz, Cameron County; Diane Marie Novy, Fort Bend County; Robert K. Peters, Smith County; Robin Riccardi, Harris County.
Members, Automobile Theft Prevention Authority:iiCarlos Luis Garcia, Cameron County; Jason Hartgraves, Denton County; Cindy Ramos-Davidson, El Paso County; Richard L. Watson, Travis County.
Presiding Officer, Central Texas Regional Mobility Authority Board of Directors:iiRobert E. "Bob" Tesch, Williamson County.
Members, Coastal Coordination Council:iiRobert Elliott Jones, Nueces County; James R. Matz, Cameron County; Victor Ray Pierson, Galveston County; John L. Sullivan, Galveston County.
Members, Council on Cardiovascular Disease and Stroke:iiCarolyn Hutchinson, Cameron County; Sheila M. Tello, Nueces County.
Members, Credit Union Commission:iiWilliam Wayne "Rusty" Ballard II, Ellis County; Thomas Felton Butler, Harris County; Manuel Cavazos IV, Travis County; Dale E. Kimble, Denton County; Allyson Truax Morrow, Cameron County.
Members, Finance Commission of Texas:iiJonathan Bennett Newton, Harris County; Stanley D. Rosenberg, Bexar County.
Members, Guadalupe-Blanco River Authority Board of Directors:iiGrace G. Kunde, Guadalupe County; Tilmon Lee Walker, Comal County.
Members, Health and Human Services Council:iiKathleen Angel, Travis County; Mi Yun "Maryann" Choi, M.D., M.P.H., Williamson County; Fernando M. Treviño, Tarrant County; Robert A. Valadez, Bexar County.
Members, Nueces River Authority Board of Directors:iiYale Leland Kerby, Uvalde County; Lindsey Alfred Koenig, Jim Wells County; James R. Marmion, Dimmit County; Rolando B. Pablos, Bexar County; Betty Ann Howard Peden, Medina County; Fidel R. Rul, Jr., Jim Wells County.
Inspector General, Office of Inspector General for the Health and Human Services Commission:iiBrian Glenn Flood, Travis County.
Member, Parks and Wildlife Commission:iiMark Bivins, Randall County.
Pecos River Compact Commissioner for Texas:iiJulian W. "J. W." Thrasher, Jr., Ward County.
Member, Sabine River Authority Board of Directors:iiStanley N. Mathews, Orange County.
Members, State Seed and Plant Board:iiAubrey James Allison, Burnet County; Kelly A. Book, Bastrop County; Mark A. Hussey, Brazos County; Ellen B. Peffley, Lubbock County.
Members, State Soil and Water Conservation Board:iiLarry D. Jacobs, Montgomery County; Joe L. Ward, Fannin County.
Monday, May 21, 2007 SENATE JOURNAL 2455
Members, Texas Statewide Emergency Services Personnel Retirement Fund State Board of Trustees:iiPatrick James Hull, Lavaca County; Francisco "Frank" Torres, Willacy County.
Members, Sulphur River Basin Authority Board of Directors:iiBrad Drake, Lamar County; Mike E. Russell, Lamar County; Richard Douglas "Doug" Smith, Red River County.
Members, Texas Agricultural Finance Authority Board of Directors:iiDarwin Dallas "Dal" DeWees, Tom Green County; Sydney Michael "Mike" Golden, Brazoria County; Susan Kay Kennedy, Nacogdoches County; Victoria Salin, Brazos County.
Members, Texas Appraiser Licensing and Certification Board:iiWilliam A. Faulk, Jr., Cameron County; Larry D. Kokel, Williamson County; James B. Ratliff, Dallas County; Shirley J. Ward, Brewster County.
Members, Texas Board of Chiropractic Examiners:iiKenneth Mack Perkins,iD.C., Montgomery County; Kathleen S. Summers, D.C., Andrews County; Kenya S. Woodruff, Collin County.
Members, Texas Board of Criminal Justice:iiCharles Lewis Jackson, Harris County; Tom Mechler, Armstrong County; Leopoldo R. Vasquez III, Harris County.
Members, Texas Board of Orthotics and Prosthetics:iiErin Elizabeth Berling, Dallas County; Kenneth Mueller, Washington County; Richard Michael Neider, Lubbock County.
Members, Texas Board of Professional Land Surveying:iiNedra J. Foster, Hardin County; Paul P. Kwan, Harris County; Anthony Trevino, Jr., Webb County; Douglas William Turner, Galveston County.
Members, Texas Department of Housing and Community Affairs Board:iiDionicio Vidal Flores, Harris County; Gloria L. Ray, Bexar County.
Members, Texas Diabetes Council:iiMaria Duarte-Gardea, El Paso County; Dora Rivas, Dallas County.
Members, Texas Farm and Ranch Lands Conservation Council:iiDaniel Dierschke, Travis County; Thomas R. Kelsey, Harris County, Bob McCan, Victoria County; Glen David Webb, Taylor County; R. Neal Wilkins, Brazos County.
Members, Texas Forensic Science Commission:iiSamuel E. Bassett, Travis County; Alan L. Levy, Tarrant County; Sridhar Natarajan, Lubbock County.
Members, Texas Military Preparedness Commission:iiWilliam J. Ehrie, Taylor County; Howard C. Ham, Jr., Bexar County; Ronald D. Henson, Bowie County; Alvin W. Jones, Brazos County; James P. Maloney, El Paso County; Samuel Loyd Neal, Jr., Nueces County; Paul F. Paine, Parker County; Charles E. Powell, Tom Green County; Josue Robles, Jr., Bexar County; Eugene N. Tulich, Harris County.
Members, Texas Optometry Board:iiCarolyn R. Carman-Merrifield, Tarrant County; Melvin G. Cleveland, Jr., Tarrant County; John Coble, O.D., Rockwall County; Virigina Sosa, O.D., Uvalde County.
2456 80th Legislature — Regular Session 65th Day (Cont.)
Members, Texas Physician Assistant Board:iiMargaret K. Bentley, Dallas County; Ron Bryce, M.D., Ellis County; Anna Arredondo Chapman, Val Verde County; Dwight M. Deter, El Paso County; Michael Allen Mitchell, D.O., Clay County; Richard R. Rahr, Galveston County; Timothy Webb, Harris County; Pamela Welch, Franklin County.
Members, Texas Public Finance Authority Board of Directors:iiCarin Marcy Barth, Harris County; D. Joseph Meister, Dallas County; Robert Thomas "Tom" Roddy, Jr., Bexar County; Ruth Corry Schiermeyer, Lubbock County.
Member, Texas Racing Commission:iiDavid Gregorio Cabrales, Dallas County.
Members, Texas State Affordable Housing Corporation Board of Directors:iiJesse A. Coffey, Denton County; Thomas A. Leeper, Walker County; Jo Van Hovel, Bell County.
Members, Texas State Board of Acupuncture Examiners:iiChung-Hwei Chernly, Tarrant County; Donald Ray Counts, M.D., Travis County; Pedro V. Garcia, Jr., Collin County; Raymond J. Graham, El Paso County; Meng-Sheng Linda Lin, Collin County.
Members, Texas State Board of Examiners of Marriage and Family Therapists:iiKaye W. Nelson, Nueces County; Michael R. Puhl, Collin County.
Members, Texas State Board of Plumbing Examiners:iiEnrique Castro, El Paso County; Ricardo Jose Guerra, Travis County; Carol Lynne McLemore, Galveston County.
Members, Texas State Board of Social Worker Examiners:iiKimberly Hernandez, El Paso County; Dorinda N. Noble, Hays County.
Members, Texas Underground Facility Notification Corporation Board of Directors:iiDean D. Bernal, Travis County; John Dao, Harris County; Billy Ray Daugette, Jr., Walker County; Deborah Ellison Farris, Dallas County; Steven F. Landon, Tarrant County; John A. Menchaca II, Travis County; Virginio Ortega, Lubbock County; Christopher J. Rourk, Dallas County.
Member, Texas Woman's University Board of Regents:iiCecilia May Moreno, Webb County.
Members, Upper Colorado River Authority Board of Directors:iiFred R. Campbell, Concho County; Ralph Edward Hoelscher, Runnels County; William Ray Hood, Coke County; Hope Wilson Huffman, Tom Green County; John Nikolauk, Schleicher County; Jeffie Harmon Roberts, Coke County; Hyman Dale Sauer, Schleicher County; Dorris Sonnenberg, Coke County.
NOTICE OF CONSIDERATION OF NOMINATIONS
Senator Jackson gave notice that he would tomorrow at the conclusion of morning call submit to the Senate for consideration nominations to agencies, boards, and commissions of the state.
Monday, May 21, 2007 SENATE JOURNAL 2457
HOUSE BILL 2399 ON SECOND READING
On motion of Senator Shapiro and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2399 at this time on its second reading:
HB 2399, Relating to teacher retention demonstration projects under the awards for student achievement program in public schools.
The bill was read second time.
Senator Seliger offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 2399 by adding the following appropriately numbered SECTION to read as follows and renumbering subsequent SECTIONS accordingly:
SECTION ____. Subchapter I, Chapter 21, Education Code, is amended by adding Section 21.4021 to read as follows:
Sec.i21.4021.iiSALARIES IN DISTRICTS ESTABLISHING LOCAL MINIMUM HIRING SCHEDULE. (a)iiThis section applies only to a school district that establishes a local minimum hiring schedule that prescribes the minimum salary, based on the employee's level of experience, that the district will pay a new employee, without prescribing a minimum salary applicable to subsequent years of that employee's employment with the district.
(b)iiA school district to which this section applies that pays each classroom teacher, full-time librarian, full-time counselor certified under Subchapter B, or full-time nurse a greater amount than the minimum monthly salary to which the employee is entitled under Section 21.402 is not required by this code to provide annual pay increases based on the employee's level of experience.
(c)iiIf the minimum salaries prescribed by Section 21.402 are increased and the state provides additional funding for the amount of that increase, a school district to which this section applies is not required to pay an employee more than the sum of the additional funding per employee provided by the state and the employee's salary for the school year immediately preceding the school year for which the additional state funding is provided.
(d)iiTo the extent of any conflict between Section 21.402 and this section, Section 21.402 prevails.
The amendment to HB 2399 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
On motion of Senator Shapiro and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
HB 2399 as amended was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
2458 80th Legislature — Regular Session 65th Day (Cont.)
HOUSE BILL 2399 ON THIRD READING
Senator Shapiro moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi2399 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
SENATE RESOLUTION 941 ON SECOND READING
On motion of Senator Patrick and by unanimous consent, the regular order of business was suspended to take up for consideration SRi941 at this time on its second reading:
WHEREAS, From 1945 to 1991, the world witnessed a military, economic, and ideological confrontation known as the Cold War; waged most prominently by the United States and the Soviet Union, the struggle involved almost every nation on earth to some degree and had a profound impact on the course of world history over the latter half of the 20th century; and
WHEREAS, Although the Cold War never erupted into a full-scale armed conflict between the world's superpowers, it gave impetus to a number of localized hot wars, as well as to a massive, long-term arms race; and
WHEREAS, Throughout the Cold War, the State of Texas played a significant role in this country's military preparedness by contributing personnel to the armed forces, serving as the site of important military facilities, and providing material support by way of private industry; and
WHEREAS, Tens of thousands of Texans served in the military during the course of the Cold War, and many made the ultimate sacrifice; the loss of Texans in Korea from 1950 to 1957 numbered 1,719, and in Vietnam, 3,415; and
WHEREAS, The state currently has 16 military installations that figured notably in the country's defense system during the period of the Cold War; moreover, Texas was home to Nike and Atlas Ballastic Missile silos, as well as to Strategic Air Command units at Biggs, Carswell, Sheppard, Dyess, Amarillo, and Bergstrom Air Force Bases; other air force bases located in the state during that time included Brooks, Goodfellow, Kelly, Lackland, Laredo, Laughlin, Randolph, Reese, and Webb; and
WHEREAS, All 15 of those air force facilities constituted first-strike targets for the Soviet military; secondary targets in Texas included Beeville, Corpus Christi, Kingsville, Sherman-Denison, Texarkana, Fort Bliss, Fort Hood, and the Houston petrochemical complex; and
WHEREAS, Many industrial enterprises in Texas made vital contributions during the Cold War years; the state's oil industry had a major role in supplying the Strategic Petroleum Reserve, while a number of key defense contractors were either based in Texas or had large Texas operations; among such companies were Texas Instruments, Lockheed, EDS, Bell Helicopter, and Textron; and
Monday, May 21, 2007 SENATE JOURNAL 2459
WHEREAS, One dimension of the Cold War involved a race for leadership in space exploration; crucial to American efforts in this arena was the Johnson Space Center in Houston, the National Aeronautics and Space Administration headquarters for manned spaceflight; and
WHEREAS, Eight successive American presidents grappled with the challenges of the Cold War; two of these–Dwight D. Eisenhower and Lyndon B. Johnson–were born in Texas and led the nation during the Korean War and Vietnam War, respectively; and
WHEREAS, Military veterans of the Cold War have continued to contribute to this country as private citizens and as public servants; a number of them have been elected to leadership posts at both the state and national levels; and
WHEREAS, It is essential that the history of the Cold War decades be preserved, for the events of that time touched the lives of millions of people and helped to set the stage for the 21st century; in reflecting on that long and difficult confrontation, it is also fitting that tribute be paid to the men and women of the United States armed forces, who served selflessly and heroically in that epic struggle; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 80th Legislature, hereby recognize May 1, 2007, as Cold War Victory Day and extend to all Cold War veterans of the American military sincere appreciation for their exemplary service; and, be it further
RESOLVED, That a copy of this Resolution be prepared in honor of Cold War veterans.
SR 941 was read second time.
Senator Seliger offered the following amendment to the resolution:
Floor Amendment No. 1
Amend SR 941 by adding the following:
WHEREAS, On May 1, 1834, the British colonies abolished slavery; and
WHEREAS, May 1, 1886 was the start of the general strike which eventually wins the eight hour workday in the United States; and
WHEREAS, On May 1, 1898, the Battle of Manila Bay took place, and the U.S. Navy destroyed the Spanish Pacific fleet in the first battle of the war; and
WHEREAS, On May 1, 1927, the first cooked meals on a scheduled flight are introduced on an Imperial Airways flight from London to Paris; and
WHEREAS, On May 1, 1930, the dwarf planet Pluto was officially named; and
WHEREAS, On May 1, 1956, the polio vaccine developed by Jonas Salk was made available to the public; and
WHEREAS, On May 1, 1978, the first unsolicited bulk commercial e-mail (which would later become known as "spam") was sent; and
WHEREAS, On May 1, 1939, Max Robinson, an American broadcast journalist, was born; and
WHEREAS, On May 1, 1949, Paul Teutul, Sr., founder of Orange County Choppers, was born
The amendment to SR 941 was read.
2460 80th Legislature — Regular Session 65th Day (Cont.)
POINT OF ORDER
Senator Patrick raised a point of order that Floor Amendment No. 1 was not germane to the resolution.
POINT OF ORDER WITHDRAWN
Senator Patrick withdrew the point of order.
Question — Shall Floor Amendment No. 1 to SRi941 be adopted?
Senator Seliger withdrew Floor Amendment No.i1.
Senator Ellis offered the following amendment to the resolution:
Floor Amendment No. 2
Amend SR 941 on page 2, line 5 insert the following:
WHEREAS, Slavery was a morally abominable institution; and
WHEREAS, Slavery as practiced in the United States was especially brutalizing and dehumanizing, permitting as it did the denial to slaves of all human rights, including the right to marry and to maintain families; and
WHEREAS, Slavery was introduced into Texas by American settlers in the early 1820s and persisted until June, 1865, more than two years after the issuance of the Emancipation Proclamation; and
WHEREAS, on May 1, 1834 slavery was abolished in the non-American British colonies; and
WHEREAS, Through 1865, the institution of slavery was protected by the constitution and laws of the State of Texas; and
WHEREAS, The experience of slavery in Texas should be adequately reflected in the teaching of the state's history; and
WHEREAS, In spite of the suffering that they were forced to endure, slaves contributed greatly to the economic and cultural development of the state; and
WHEREAS, The contributions made by slaves should be adequately reflected in the teaching of the state's history; and
WHEREAS, The experiences and contributions of Hispanics and Native Americans in Texas should also receive appropriate recognition in the teaching of the state's history; now, therefore, be it
RESOLVED, That the 80th Legislature of the State of Texas hereby express profound regret for the role that the government of Texas played in maintaining the institution of slavery; and, be it further
RESOLVED, That, in order to document and publicize the experience of slavery in Texas and to help the public appreciate the contributions that slaves and former slaves made to the economic and cultural development of the state throughout the 19th century and beyond, the Texas Education Agency, the Texas Historical Commission, and other appropriate state agencies shall cooperate in designing and developing public exhibits and/or acknowledgments at the State Capitol, at the Bob Bullock Museum, and at certain public institutions of higher education to recognize the contributions of slaves in Texas history, with the initial public exhibits and acknowledgments to be in place not later than December 31, 2008; and, be it further
Monday, May 21, 2007 SENATE JOURNAL 2461
RESOLVED, That the legislature hereby request that the lieutenant governor and the speaker of the house of representatives create a joint interim committee to study and document the specific contributions of African slaves and their descendants to the economic and cultural development of the State of Texas; and, be it further
RESOLVED, That the Senate of Texas, 80th Legislature, hereby recognize Mayi1, 2007 as Texas Regret for Slavery Day, to document and publicize the experiences and contributions of Hispanics and Native Americans in Texas during the 18th and 19th centuries; and, be it further
The amendment to SRi941 was read.
POINT OF ORDER
Senator Patrick raised a point of order that Floor Amendment No. 2 was not germane to the resolution.
POINT OF ORDER RULING
The Presiding Officer, Senator Brimer in Chair, ruled that the point of order was well-taken and sustained.
SRi941 was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of the resolution.
HOUSE BILL 1519 ON SECOND READING
On motion of Senator Carona and by unanimous consent, the regular order of business was suspended to take up for consideration HB 1519 at this time on its second reading:
HB 1519, Relating to including within the offense of barratry and solicitation of professional employment certain solicitations made during certain periods.
The bill was read second time.
Senator Carona moved to postpone further consideration of the bill until tomorrow.
The motion prevailed.
Question — Shall HBi1519 be passed to third reading?
COMMITTEEiiSUBSTITUTE
HOUSE BILL 2994 ON SECOND READING
Senator Hegar moved to suspend the regular order of business to take up for consideration CSHBi2994 at this time on its second reading:
CSHB 2994, Relating to certain agreements made with electric power generation facilities under the Property Redevelopment and Tax Abatement Act and to similar agreements and compliance reports under the Texas Economic Development Act.
The motion prevailed.
Senators Eltife and Watson asked to be recorded as voting "Nay" on suspension of the regular order of business.
The bill was read second time.
2462 80th Legislature — Regular Session 65th Day (Cont.)
Senator Hegar moved to postpone further consideration of the bill to a time certain of 10:30 a.m. tomorrow.
The motion prevailed.
Question — Shall CSHBi2994 be passed to third reading?
SENATE BILL 222 WITH HOUSE AMENDMENTS
Senator Ellis called SBi222 from the President's table for consideration of the House amendments to the bill.
The Presiding Officer, Senator Brimer in Chair, laid the bill and the House amendments before the Senate.
Floor Amendment No. 1
Amend SB 222 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 20.037, Business & Commerce Code, is amended by amending Subsections (a) and (b) and adding Subsection (b-1) to read as follows:
(a)iiOn a request in writing or by telephone and with proper identification provided by a consumer, including the consumer's personal identification number or password provided under Section 20.034, a consumer reporting agency shall remove a security freeze not later than the third business day after the date the agency receives the request, if the request is in writing, or not later than 15 minutes after the agency receives the request, if the request is by telephone.
(b)iiOn a request in writing or by telephone and with proper identification provided by a consumer, including the consumer's personal identification number or password provided under Section 20.034, a consumer reporting agency, not later than the third business day after the date the agency receives the request, if the request is in writing, or not later than 15 minutes after the agency receives the request, if the request is by telephone, shall temporarily lift the security freeze for:
(1)iia certain properly designated period; or
(2)iia certain properly identified requester.
(b-1) A consumer reporting agency responding to a telephone request under Subsection (a) or (b) need not remove a security freeze within 15 minutes if the consumer reporting agency's ability to remove the security freeze within that time is prevented by:
(1)iian act of God, including fire, earthquake, hurricane, storm, or similar natural disaster or phenomenon;
(2)iiunauthorized or illegal act by a third party, including terrorism, sabotage, riot, vandalism, labor strike or dispute disrupting operations, or similar occurrence;
(3)iioperational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failure inhibiting response time, or similar disruption;
(4)iigovernmental action, including emergency order, judicial or law enforcement action, or similar directives;
(5)iiregularly scheduled maintenance, during other than normal business hours, of, or updates to, the consumer reporting agency's systems;
Monday, May 21, 2007 SENATE JOURNAL 2463
(6)iicommercially reasonable maintenance of, or repair to, the consumer reporting agency's systems that is unexpected or unscheduled; or
(7)iireceipt of a removal request outside of normal business hours.
Floor Amendment No. 1 on Third Reading
Amend SB 222 on third reading on page 2, between lines 16 and 17, insert the following:
(c) Not withstanding Section 20.12 of this chapter, a violation of this section is not a false, misleading, or deceptive act or practice under Subchapter E, Chapter 17.
The amendments were read.
Senator Ellis moved that the Senate do not concur in the House amendments, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on SBi222 before appointment.
There were no motions offered.
The Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Ellis, Chair; Hinojosa, Fraser, Harris, and Eltife.
SENATE BILL 1562 WITH HOUSE AMENDMENTS
Senator Hinojosa called SBi1562 from the President's table for consideration of the House amendments to the bill.
The Presiding Officer laid the bill and the House amendments before the Senate.
Floor Amendment No. 1
Amend SB 1562 (House committee report) in SECTION 1 of the bill, immediately following proposed Section 829.001, Health and Safety Code (page 1, between lines 13 and 14), by inserting the following:
Sec.i829.0015.iiAPPLICABILITY OF CHAPTER. This chapter applies only to a county:
(1)iithat has a population of more than 80,000; or
(2)iiin which the commissioners court by order has adopted this chapter.
Floor Amendment No. 2
Amend SB 1562 (Senate engrossment) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTIONi____.iiSection 38.151(c), Penal Code, is amended to read as follows:
(c)iiAn offense under this section is:
(1)iia Class C misdemeanor if the person commits an offense under Subsection (b)(1);
(2)iia Class B misdemeanor if the person commits an offense under Subsection (b)(2);
2464 80th Legislature — Regular Session 65th Day (Cont.)
(3)iia Class A misdemeanor if the person commits an offense under Subsection (b)(3), (4), or (5);
(4)iiexcept as provided by Subdivision (5), a state jail felony if the person commits an offense under Subsection (b)(6) or (7) by injuring a police service animal or by engaging in conduct likely to injure the animal; or
(5)iia felony of the second [third] degree if the person commits an offense
under Subsection (b)(6) or (7) by:
(A) killing a police service animal or [by] engaging in conduct likely to
kill the animal;
(B)iiinjuring a police service animal in a manner that materially and permanently affects the ability of the animal to perform as a police service animal; or
(C)iiengaging in conduct likely to injure a police service animal in a manner that would materially and permanently affect the ability of the animal to perform as a police service animal.
SECTIONi____.iiThe changes in law made to Section 38.151(c), Penal Code, by this Act apply 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.
Floor Amendment No. 3
Amend SB 1562 (House committee printing) as follows:
(1)iiIn SECTION 1 of the bill in added Subsection (a), Section 829.003, Health and Safety Code (page 2, line 8) between "courses." and "The" insert "The department shall ensure that the basic and continuing education courses are made available to be completed on the department's internet website."
(2)iiAdd the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____. Notwithstanding Section 829.002, Health and Safety Code, as added by this Act, a person is not required to complete animal control officer training until the training is available to be completed online in accordance with Section 829.003, Health and Safety Code, as added by this Act.
Floor Amendment No. 1 on Third Reading
Amend SBi1562 on third reading, in added Section 829.003(d), Health and Safety Code, by striking "and other animal control and animal protection organizations as the department considers appropriate" and substituting "the Department of Agriculture, and the Texas Animal Health Commission".
Floor Amendment No. 2 on Third Reading
Amend SBi1562 on third reading, in added Section 829.003(a), Health and Safety Code, following added Subdivision (10), by adding the following subdivision and renumbering subsequent subdivisions of that subsection appropriately:
(11)iimethods for notifying owners of captured animals and returning captured animals to owners;
The amendments were read.
Monday, May 21, 2007 SENATE JOURNAL 2465
Senator Hinojosa moved that the Senate do not concur in the House amendments, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on SBi1562 before appointment.
There were no motions offered.
The Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Hinojosa, Chair; Averitt, Eltife, VanideiPutte, and Whitmire.
SENATE BILL 199 WITH HOUSE AMENDMENTS
Senator Nelson called SBi199 from the President's table for consideration of the House amendments to the bill.
The Presiding Officer laid the bill and the House amendments before the Senate.
Amendment
Amend SBi199 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to certain convictions barring employment at certain facilities serving the elderly or persons with disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSections 250.006(a) and (b), Health and Safety Code, are amended to read as follows:
(a)iiA person for whom the facility is entitled to obtain criminal history record information may not be employed in a facility if the person has been convicted of an offense listed in this subsection:
(1)iian offense under Chapter 19, Penal Code (criminal homicide);
(2)iian offense under Chapter 20, Penal Code (kidnapping and unlawful restraint);
(3)iian offense under Section 21.11, Penal Code (indecency with a child);
(4)iian offense under Section 22.011, Penal Code (sexual assault);
(5)iian offense under Section 22.02, Penal Code (aggravated assault);
(6)iian offense under Section 22.04, Penal Code (injury to a child, elderly individual, or disabled individual);
(7)iian offense under Section 22.041, Penal Code (abandoning or endangering child);
(8)iian offense under Section 22.08, Penal Code (aiding suicide);
(9)iian offense under Section 25.031, Penal Code (agreement to abduct from custody);
(10)iian offense under Section 25.08, Penal Code (sale or purchase of a child);
(11)iian offense under Section 28.02, Penal Code (arson);
(12)iian offense under Section 29.02, Penal Code (robbery);
2466 80th Legislature — Regular Session 65th Day (Cont.)
(13)iian offense under Section 29.03, Penal Code (aggravated robbery); [or]
(14)iian offense under Section 21.08, Penal Code (indecent exposure);
(15)iian offense under Section 21.12, Penal Code (improper relationship between educator and student);
(16)iian offense under Section 21.15, Penal Code (improper photography or visual recording);
(17)iian offense under Section 22.05, Penal Code (deadly conduct);
(18)iian offense under Section 22.021, Penal Code (aggravated sexual assault);
(19)iian offense under Section 22.07, Penal Code (terroristic threat);
(20)iian offense under Section 33.021, Penal Code (online solicitation of a minor);
(21)iian offense under Section 34.02, Penal Code (money laundering);
(22)iian offense under Section 35A.02, Penal Code (Medicaid fraud);
(23)iian offense under Section 42.09, Penal Code (cruelty to animals); or
(24)iia conviction under the laws of another state, federal law, or the
Uniform Code of Military Justice for an offense containing elements that are
substantially similar to the elements of an offense listed by this subsection [under
Subdivisions (1)-(13)].
(b)iiA person may not be employed in a position the duties of which involve direct contact with a consumer in a facility before the fifth anniversary of the date the person is convicted of:
(1)iian offense under Section 22.01, Penal Code (assault), that is punishable as a Class A misdemeanor or as a felony;
(2)iian offense under Section 30.02, Penal Code (burglary);
(3)iian offense under Chapter 31, Penal Code (theft), that is punishable as a felony;
(4)iian offense under Section 32.45, Penal Code (misapplication of fiduciary
property or property of a financial institution), that is punishable as a Class A
misdemeanor or a felony; [or]
(5)iian offense under Section 32.46, Penal Code (securing execution of a document by deception), that is punishable as a Class A misdemeanor or a felony;
(6)iian offense under Section 37.12, Penal Code (false identification as peace officer); or
(7)iian offense under Section 42.01(a)(7), (8), or (9), Penal Code (disorderly conduct).
SECTIONi2.iiThis Act takes effect September 1, 2007.
Floor Amendment No. 1
Amend CSSB 199 (House committee printing) by inserting the following new SECTION to the bill, appropriately numbered, and renumbering subsequent SECTIONS of the bill accordingly:
SECTIONi____.iiThe change in law made by this Act to Section 250.006, Health and Safety Code, does not apply to the employment of a person by a facility before January 1, 2008, if the person:
(1)iiis employed by the facility on the effective date of this Act; and
(2)iiremains continuously employed by that facility.
Monday, May 21, 2007 SENATE JOURNAL 2467
Floor Amendment No. 2
Amend CSSB 199 (House committee printing) as follows:
(1)iiIn SECTION 1 of the bill, in the introductory text (page 1, line 5), strike "Sections 250.006(a) and (b)" and substitute "Section 250.006".
(2)iiIn SECTION 1 of the bill, in the introductory text (page 1, line 6) strike "are amended" and substitute "is amended by amending Subsections (a) and (b) and adding Subsection (d)".
(3)iiIn SECTION 1 of the bill, after amended Subsection (b), Section 250.006, Health and Safety Code (page 4, between line 4 or 5) insert the following:
(d)iiFor purposes of this section, a person who is placed on deferred adjudication community supervision for an offense listed in this section, successfully completes the period of deferred adjudication community supervision, and receives a dismissal and discharge in accordance with Section 5(c), Article 42.12, Code of Criminal Procedure, is not considered convicted of the offense for which the person received deferred adjudication community supervision.
The amendments were read.
Senator Nelson moved that the Senate do not concur in the House amendments, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on SBi199 before appointment.
There were no motions offered.
The Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Nelson, Chair; Deuell, Williams, Shapleigh, and Shapiro.
SENATE BILL 1520 WITH HOUSE AMENDMENTS
Senator Wentworth called SBi1520 from the President's table for consideration of the House amendments to the bill.
The Presiding Officer laid the bill and the House amendments before the Senate.
Floor Amendment No. 1
Amend SB 1520 on page 2, line 7 by striking "and" and inserting "or".
Floor Amendment No. 2
Amend SB 1520 (House committee printing) as follows:
(1)iiIn SECTION 1 of the bill, in the recital to the section (page 1, line 5), between "(f)," and "(i),", insert "(g),".
(2)iiIn SECTION 1 of the bill, in the recital to the section (page 1, line 5), between "(i)," and "and", insert "(j),".
(3)iiIn SECTION 1 of the bill, in the recital to the section (page 1, lines 6 and 7), strike "(f-1), (f-2), (f-3), (f-4),".
2468 80th Legislature — Regular Session 65th Day (Cont.)
(4)iiIn SECTION 1 of the bill, in proposed Subsection (b-1), Section 32.06, Tax Code (page 4, line 2), strike "any mortgage servicer" and substitute "any recorded mortgage servicer".
(5)iiIn SECTION 1 of the bill, in proposed Subsection (b-1), Section 32.06, Tax Code (page 4, line 3), between "a" and "first", insert "recorded".
(6)iiIn SECTION 1 of the bill, in proposed Subsection (c-1), Section 32.06, Tax Code (page 4, line 22, through page 5, line 14), strike proposed Subdivisions (1) and (2) of the subsection and substitute the following:
(1)iithe application for the foreclosure must:
(A)iiallege that the lien is an ad valorem tax lien instead of a lien created under Section 50, Article XVI, Texas Constitution;
(B)iistate that the applicant does not seek a court order required by Section 50, Article XVI, Texas Constitution; and
(C)iistate that the transferee has provided notice to cure the default and notice of intent to accelerate to the property owner, and notice of acceleration of the maturity of the debt to the property owner, any recorded mortgage servicer, and each holder of a recorded lien on the property in the manner required for notice to a debtor under Section 51.002, Property Code; and
(2)iithe holder of a recorded preexisting lien must be provided at least 60 days' notice before the date of the proposed foreclosure and, notwithstanding any contractual agreement with the property owner, is entitled to payoff information to the greatest extent permitted by 15 U.S.C. Section 6802 and 12 C.F.R. Part 216.
The amendments were read.
Senator Wentworth moved that the Senate do not concur in the House amendments, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on SBi1520 before appointment.
There were no motions offered.
The Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Wentworth, Chair; Hinojosa, Carona, Harris, and Watson.
SENATE BILL 344 WITH HOUSE AMENDMENTS
Senator Carona called SBi344 from the President's table for consideration of the House amendments to the bill.
The Presiding Officer laid the bill and the House amendments before the Senate.
Floor Amendment No. 1
Amend SB 344 (House committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
Monday, May 21, 2007 SENATE JOURNAL 2469
SECTIONi____.iiSection 243.002, Health and Safety Code, is amended by amending Subdivision (3) and adding Subdivisions (3-a), (3-b), and (5) to read as follows:
(3)ii"Department" means the [Texas] Department of State Health Services.
(3-a)ii"Designated physician group" means any business entity formed exclusively by one or more physicians licensed to practice medicine in this state, including a professional association, a professional corporation, a professional limited liability company, or a professional limited liability partnership.
(3-b)ii"Facility" means the physical premises that the department determines constitutes an ambulatory surgical center.
(5)ii"Sublicense agreement" means a written and executed agreement between a licensed ambulatory surgical center and a designated physician group under which the ambulatory surgical center allows the designated physician group to use its facility to provide surgical services to the designated physician group's patients.
SECTIONi____.iiThe heading to Section 243.003, Health and Safety Code, is amended to read as follows:
Sec.i243.003.iiLICENSE REQUIRED; SUBLICENSE AGREEMENTS.
SECTIONi____.iiSection 243.003, Health and Safety Code, is amended by amending Subsection (c) and adding Subsection (d) to read as follows:
(c)iiExcept as provided by Subsection (d), a [A] license is not transferable or
assignable.
(d)iiAn ambulatory surgical center may share its license with a designated physician group under a written sublicense agreement if:
(1)iithe sublicense agreement is filed with and approved by the department; and
(2)iithe sublicense agreement provides that:
(A)iithe ambulatory surgical center remains responsible for ensuring that the facility and all surgical and other services provided by the ambulatory surgical center or in the facility by any designated physician group complies with this chapter and applicable department rules; and
(B)iiall surgical services provided by the designated physician group as an ambulatory surgical center sublicense holder are provided in the facility.
SECTIONi____.iiSection 843.002, Insurance Code, is amended by adding Subdivision (1-a) and amending Subdivision (24) to read as follows:
(1-a)ii"Ambulatory surgical center" means a facility licensed under Chapter 243, Health and Safety Code. The term includes a designated physician group operating under a sublicense agreement under Section 243.003, Health and Safety Code.
(24)ii"Provider" means:
(A)iia person, other than a physician, who is licensed or otherwise authorized to provide a health care service in this state, including:
(i)iia chiropractor, registered nurse, pharmacist, optometrist, registered optician, or acupuncturist; or
(ii)iia pharmacy, hospital, ambulatory surgical center, or other institution or organization;
2470 80th Legislature — Regular Session 65th Day (Cont.)
(B)iia person who is wholly owned or controlled by a provider or by a group of providers who are licensed or otherwise authorized to provide the same health care service; or
(C)iia person who is wholly owned or controlled by one or more hospitals and physicians, including a physician-hospital organization.
SECTIONi____.iiSection 1301.001, Insurance Code, is amended by amending Subdivisions (1) and (4) and adding Subdivision (1-a) to read as follows:
(1)ii"Ambulatory surgical center" means a facility licensed under Chapter 243, Health and Safety Code. The term includes a designated physician group operating under a sublicense agreement under Section 243.003, Health and Safety Code.
(1-a)ii"Health care provider" means a practitioner, institutional provider, or other person or organization that furnishes health care services and that is licensed or otherwise authorized to practice in this state. The term does not include a physician.
(4)ii"Institutional provider" means an ambulatory surgical center, [a]
hospital, nursing home, or other medical or health-related service facility that provides
care for the sick or injured or other care that may be covered in a health insurance
policy.
SECTIONi____.iiSection 401.011, Labor Code, is amended by adding Subdivision (4-a) and amending Subdivision (20) to read as follows:
(4-a)ii"Ambulatory surgical center" means a facility licensed under Chapter 243, Health and Safety Code. The term includes a designated physician group operating under a sublicense agreement under Section 243.003, Health and Safety Code.
(20)ii"Health care facility" means a hospital, ambulatory surgical center, emergency clinic, outpatient clinic, or other facility providing health care.
SECTIONi____.iiThe change in law made by this Act applies only to a sublicense agreement under Section 243.003, Health and Safety Code, as amended by this Act, that is entered into and approved by the Department of State Health Services on or after the effective date of this Act. A sublicense agreement entered into before the effective date of this Act is governed by the law in effect immediately before that date, and that law is continued in effect for that purpose.
Floor Amendment No. 2
Amend SB 344 (House committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 247.050, Health and Safety Code, is amended by adding Subsection (d) to read as follows:
(d)iiThe department may not delete or permanently remove any information or data pertaining to an unlicensed assisted living facility, including any information required for the report prepared under Subsection (a)(2), from the registry maintained by the department as required under Subsection (a)(1) or from any electronic database, file, or other data storage location of the department.
Monday, May 21, 2007 SENATE JOURNAL 2471
Floor Amendment No. 1 on Third Reading
Amend SB 344 on third reading as follows:
(1)iiStrike the SECTION added by the Davis amendment on second reading that amends Section 243.002, Health and Safety Code.
(2)iiStrike the SECTION added by the Davis amendment on second reading that amends the heading to Section 243.003, Health and Safety Code.
(3)iiStrike the SECTION added by the Davis amendment on second reading that amends Section 243.003, Health and Safety Code.
(4)iiStrike the SECTION added by the Davis amendment on second reading that amends Section 843.002, Insurance Code.
(5)iiStrike the SECTION added by the Davis amendment on second reading that amends Section 1301.001, Insurance Code.
(6)iiStrike the SECTION added by the Davis amendment on second reading that amends Section 401.011, Labor Code.
(7)iiStrike the SECTION added by the Davis amendment on second reading that provides transition provisions relating to Section 243.003, Health and Safety Code.
(8)iiRenumber subsequent SECTIONS accordingly.
The amendments were read.
Senator Carona moved that the Senate do not concur in the House amendments, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on SBi344 before appointment.
There were no motions offered.
The Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Carona, Chair; Nelson, Deuell, Nichols, and Zaffirini.
SENATE BILL 759 WITH HOUSE AMENDMENTS
Senator Nelson called SBi759 from the President's table for consideration of the House amendments to the bill.
The Presiding Officer laid the bill and the House amendments before the Senate.
Floor Amendment No. 1
Amend SB 759 (House committee printing), in SECTION 2 of the bill, in amended Subsection (d), Section 263.501, Family Code, by striking Subdivisions (5) and (6) (page 2, lines 4 through 8), and substituting the following:
(5)iithe child's attorney ad litem and volunteer advocate, if the appointments
were not dismissed in the final order; [and]
(6)iithe licensed administrator of the child-placing agency responsible for placing the child for adoption; and
(7)iiany other person or agency named by the court as having an interest in the child's welfare.
2472 80th Legislature — Regular Session 65th Day (Cont.)
Floor Amendment No. 1 on Third Reading
Amend SB 759 on third reading in SECTION 2 of the bill, by striking amended Subsection (d), Section 263.501, Family Code, as amended by Floor Amendment No. 1 by Parker, and substituting the following:
(d)iiThe following are entitled to not less than 10 days' notice of a placement review hearing and are entitled to present evidence and be heard at the hearing:
(1)iithe department;
(2)iithe foster parent, preadoptive parent, relative of the child providing care, or director of the group home or institution in which the child is residing;
(3)iieach parent of the child;
(4)iieach possessory conservator or guardian of the child;
(5)iithe child's attorney ad litem and volunteer advocate, if the appointments
were not dismissed in the final order; [and]
(6)iithe licensed administrator of the child-placing agency responsible for placing the child for adoption;
(7)iithe following individuals, if the individual has filed with the department a written request to receive notice:
(A)iian adult sibling of the child;
(B)iia grandparent of the child;
(C)iian aunt who is a sister of a parent of the child; or
(D)iian uncle who is a brother of a parent of the child; and
(8)iiany other person or agency named by the court as having an interest in the child's welfare.
The amendments were read.
Senator Nelson moved that the Senate do not concur in the House amendments, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on SBi759 before appointment.
There were no motions offered.
The Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Nelson, Chair; Deuell, Uresti, Nichols, and Shapleigh.
CONFERENCE COMMITTEE ON HOUSE BILL 930
Senator Uresti called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi930 and moved that the request be granted.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on HBi930 before appointment.
There were no motions offered.
Monday, May 21, 2007 SENATE JOURNAL 2473
Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Uresti, Chair; Harris, Hinojosa, Watson, and Wentworth.
HOUSE BILL 3955 ON SECOND READING
The Presiding Officer laid before the Senate HBi3955 by Senator Wentworth on its second reading. The bill had been read second time, an amendment withdrawn, and further consideration postponed to a time certain of 4:00 p.m. today:
HB 3955, Relating to the delegation of a county commissioners court's powers to regulate traffic on county roads.
Question — Shall HB 3955 be passed to third reading?
HB 3955 was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 3955 ON THIRD READING
Senator Wentworth moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi3955 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
SENATE BILL 1097 WITH HOUSE AMENDMENT
Senator Whitmire called SBi1097 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Floor Amendment No. 1 on Third Reading
Amend SB 1097 on third reading by adding the following appropriately numbered SECTIONS to the bill and renumbering the other SECTIONS of the bill accordingly:
SECTIONi____.iiSection 30.05(b), Penal Code, is amended by adding Subdivision (8) to read as follows:
(8)ii"Residential land" means real property improved by a dwelling and zoned for or otherwise authorized for single-family or multifamily use.
SECTIONi____.iiSectioni30.05, Penal Code, is amended by amending Subsection (c) and adding Subsections (d-1) and (k) to read as follows:
(c)iiIt is a defense to prosecution under this section that the actor at the time of the offense was:
(1)iia fire fighter or emergency medical services personnel, as [that term is]
defined by Section 773.003, Health and Safety Code, acting in the lawful discharge of
an official duty under exigent circumstances;
2474 80th Legislature — Regular Session 65th Day (Cont.)
(2)iian employee or agent of an electric utility, as defined by Section 31.002, Utilities Code, or an employee or agent of a gas utility, as defined by Section 101.003 or 121.001, Utilities Code, who was performing a duty within the scope of employment or agency; or
(3)iia person who was:
(A)iiemployed by or acting as agent for an entity that had, or that the person reasonably believed had, effective consent or authorization provided by law to enter the property; and
(B)iiperforming a duty within the scope of that employment or agency.
(d-1)iiAn offense under Subsection (k) is a Class C misdemeanor unless it is committed in a building or habitation or unless the actor carries a deadly weapon on or about the actor's person during the commission of the offense, in which event it is a Class A misdemeanor.
(k)iiA person commits an offense if without express consent or if without authorization provided by any law, whether in writing or other form, the person:
(1)iienters or remains on residential land of another; and
(2)iihad notice that the entry was forbidden or received notice to depart but failed to do so.
The amendment was read.
Senator Whitmire moved to concur in the House amendment to SBi1097.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
SENATE BILL 688 WITH HOUSE AMENDMENT
Senator Shapleigh called SBi688 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Amendment
Amend SBi688 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to the area served by certain municipal drainage utility systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 402.044(8), Local Government Code, is amended to read as follows:
(8)ii"Service area" means the municipal boundaries and any other land areas outside the municipal boundaries which, as a result of topography or hydraulics, contribute overland flow into the watersheds served by the drainage system of a municipality; provided, however, that in no event may a service area extend farther than the boundaries of a municipality's current extraterritorial jurisdiction, nor, except as provided by Section 402.0451, may a service area of one municipality extend into the boundaries of another municipality. The service area is to be established in the ordinance establishing the drainage utility. Provided, that no municipality shall extend a service area outside of its municipal boundaries except:
Monday, May 21, 2007 SENATE JOURNAL 2475
(A)iia municipality of more than 500,000 [400,000] population located
within 50 miles of an international border [in one or more counties of less than
600,000 population according to the most recent federal census];
(B)iia municipality all or part of which is located over or within the Edwards Aquifer recharge zone or the Edwards Aquifer transition zone, as designated by the Texas Natural Resource Conservation Commission; or
(C)iias provided by Section 402.0451.
SECTIONi2.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.
The amendment was read.
Senator Shapleigh moved to concur in the House amendment to SBi688.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
SENATE BILL 545 WITH HOUSE AMENDMENTS
Senator Carona called SBi545 from the President's table for consideration of the House amendments to the bill.
The Presiding Officer laid the bill and the House amendments before the Senate.
Floor Amendment No. 1
Amend SB 545 (House committee report) in SECTION 1 of the bill as follows:
(1)iiIn amended Subdivision (3), Subsection (b), Section 644.101, Transportation
Code (page 1, line 19), strike "or" and substitute "[or]".
(2)iiIn amended Subdivision (4), Subsection (b), Section 644.101, Transportation Code (page 1, line 20), between "(4)" and "a", insert the following:
a municipality with a population of at least 34,000 that is located in a county that borders two or more states; or
(5)
Floor Amendment No. 2
Amend SB 545 by adding an appropriately numbered section to read as follows and renumber the subsequent sections appropriately:
SECTION 1. Section 45.051(f), Code of Criminal Procedure, as amended by Chapters 281 and 357, Acts of the 79th Legislature, Regular Session, 2005, is reenacted and amended to read as follows:
(f) This article does not apply to:
(1) an offense to which Section 542.404 [or 729.004(b)], Transportation
Code, applies; or
(2) a violation of a state law or local ordinance relating to motor vehicle control, other than a parking violation, committed by a person who:
(A) holds a commercial driver's license; or
(B) held a commercial driver's license when the offense was committed.
The amendments were read.
Senator Carona moved to concur in the House amendments to SBi545.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
2476 80th Legislature — Regular Session 65th Day (Cont.)
SENATE BILL 323 WITH HOUSE AMENDMENT
Senator Deuell called SBi323 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Amendment
Amend SBi323 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Fairfields Municipal Utility District of Kaufman County; providing authority to impose a tax and issue bonds; granting the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 8162 to read as follows:
CHAPTER 8162. FAIRFIELDS MUNICIPAL UTILITY DISTRICT OF KAUFMAN COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec.i8162.001.iiDEFINITIONS. In this chapter:
(1)ii"Board" means the district's board of directors.
(2)ii"Director" means a board member.
(3)ii"District" means the Fairfields Municipal Utility District of Kaufman County.
Sec.i8162.002.iiNATURE OF DISTRICT. The district is a municipal utility district in Kaufman County created under and essential to accomplish the purposes of Section 52, Article III, and Section 59, Article XVI, Texas Constitution.
Sec.i8162.003.iiFINDING OF PUBLIC USE AND BENEFIT. The district is created to serve a public use and benefit.
Sec.i8162.004.iiCONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 8162.023 before September 1, 2009:
(1)iithe district is dissolved September 1, 2009, except that the district shall:
(A)iipay any debts incurred;
(B)iitransfer to Kaufman County any assets that remain after the payment of debts; and
(C)iimaintain the organization of the district until all debts are paid and remaining assets are transferred; and
(2)iithis chapter expires September 1, 2012.
Sec.i8162.005.iiINITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act creating this chapter.
(b)iiThe boundaries and field notes contained in Section 2 of the Act creating this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect:
(1)iithe organization, existence, or validity of the district;
(2)iithe right of the district to impose taxes; or
Monday, May 21, 2007 SENATE JOURNAL 2477
(3)iithe legality or operation of the board.
[Sections 8162.006-8162.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec.i8162.021.iiTEMPORARY DIRECTORS. (a) The temporary board consists of:
(1)iiAnthony Francis Apollaro Jr.;
(2)iiJohn Ryan Brown;
(3)iiMary Patricia Carson;
(4)iiParis Milton Rutherford IV; and
(5)iiMarcus Lee Scroggins.
(b)iiIf a temporary director fails to qualify for office, the temporary directors who have qualified shall appoint a person to fill the vacancy. If at any time there are fewer than three qualified temporary directors, the Texas Commission on Environmental Quality shall appoint the necessary number of persons to fill all vacancies on the board.
(c)iiTemporary directors serve until the earlier of:
(1)iithe date directors are elected under Section 8162.023; or
(2)iithe date this chapter expires under Section 8162.004.
Sec.i8162.022.iiORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS. As soon as practicable after all the temporary directors have qualified under Section 49.055, Water Code, the temporary directors shall convene the organizational meeting of the district at a location in the district agreeable to a majority of the directors. If a location cannot be agreed upon, the organizational meeting shall be at the Kaufman County Courthouse.
Sec.i8162.023.iiCONFIRMATION AND INITIAL DIRECTORS' ELECTION. The temporary directors shall hold an election to confirm the creation of the district and to elect five directors as provided by Section 49.102, Water Code.
Sec.i8162.024.iiINITIAL ELECTED DIRECTORS; TERMS. The directors elected under Section 8162.023 shall draw lots to determine which two shall serve until the first regularly scheduled election of directors and which three shall serve until the second regularly scheduled election of directors.
Sec.i8162.025.iiEXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2012.
[Sections 8162.026-8162.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec.i8162.051.iiDIRECTORS; TERMS. (a) The district is governed by a board of five directors.
(b)iiDirectors serve staggered four-year terms.
[Sections 8162.052-8162.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec.i8162.101.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.
2478 80th Legislature — Regular Session 65th Day (Cont.)
Sec.i8162.102.iiROAD PROJECTS. (a) The district may construct, acquire, improve, maintain, or operate macadamized, graveled, or paved roads or improvements in aid of those roads.
(b)iiA 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 district is located. If the district is not located in the corporate limits or extraterritorial jurisdiction of a municipality, a road project must meet all applicable construction standards, zoning and subdivision requirements, and regulations of each county in which the district is located.
(c)iiThe district may not undertake a road project unless each municipality in whose corporate limits or extraterritorial jurisdiction the district is located consents by resolution. If the district is not located in the corporate limits or extraterritorial jurisdiction of a municipality, the district may not undertake a road project unless each county in which the district is located consents by resolution.
Sec.i8162.103.iiROAD CONTRACTS. The district may contract for a road project in the manner provided by Subchapter I, Chapter 49, Water Code.
[Sections 8162.104-8162.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec.i8162.151.iiOPERATION AND MAINTENANCE TAX. The district may impose a tax for any district operation and maintenance purpose in the manner provided by Section 49.107, Water Code.
Sec.i8162.152.iiTAX TO REPAY BONDS. The district may impose a tax to pay the principal of and interest on bonds issued under Section 8162.201.
Sec.i8162.153. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND ASSESSMENTS. The district may not impose an impact fee or assessment on the property, including the equipment, rights-of-way, facilities, or improvements, of:
(1)iian electric utility or a power generation company as defined by Section 31.002, Utilities Code;
(2)iia gas utility as defined by Section 101.003 or 121.001, Utilities Code;
(3)iia telecommunications provider as defined by Section 51.002, Utilities Code;
(4)iia cable operator as defined by 47 U.S.C. Section 522; or
(5)iia person who provides to the public advanced telecommunications services.
[Sections 8162.154-8162.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec.i8162.201.iiAUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may issue bonds or other obligations as provided by Chapters 49 and 54, Water Code, and to finance the construction, maintenance, or operation of projects under Section 8162.102.
(b)iiThe district may issue bonds or other obligations payable wholly or partly from ad valorem taxes, impact fees, revenue, grants, or other district money.
(c)iiThe district may not issue bonds or other obligations secured wholly or partly by ad valorem taxation to finance projects authorized by Section 8162.102 unless the issuance is approved by a vote of a two-thirds majority of district voters voting at an election called for that purpose.
Monday, May 21, 2007 SENATE JOURNAL 2479
(d)iiBonds or other obligations issued or incurred to finance projects authorized by Section 8162.102 may not exceed one-fourth of the assessed value of the real property in the district.
[Sections 8162.202-8162.250 reserved for expansion]
SUBCHAPTER F. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec.i8162.251.iiDIVISION OF DISTRICT; REQUIREMENTS. (a) At any time before the district issues indebtedness secured by taxes or net revenue, the district may be divided into two or more new districts.
(b)iiA new district created by division of the district must be at least 100 acres.
(c)iiAny new district created by the division of the district may not, at the time the new district is created, contain any land outside the area described by Section 2 of the Act creating this chapter.
(d)iiThe board may consider a proposal to divide the district on:
(1)iia petition of a landowner in the district; or
(2)iia motion by the board.
(e)iiIf the board decides to divide the district, the board shall:
(1)iiset the terms of the division, including names for the new districts and a plan for the payment or performance of any outstanding district obligations; and
(2)iiprepare a metes and bounds description for each proposed district.
Sec.i8162.252.iiELECTION FOR DIVISION OF DISTRICT. (a) After the board has complied with Section 8162.251(e), the board shall hold an election in the district to determine whether the district should be divided as proposed.
(b)iiThe board shall give notice of the election not later than the 35th day before the date of the election. The notice must state:
(1)iithe date and location of the election; and
(2)iithe proposition to be voted on.
(c)iiIf a majority of the votes cast are in favor of the division:
(1)iithe district is divided; and
(2)iinot later than the 30th day after the date of the election, the district shall provide written notice of the division to:
(A)iithe Texas Commission on Environmental Quality;
(B)iithe attorney general;
(C)iithe commissioners court of each county in which a new district is located; and
(D)iiany municipality having extraterritorial jurisdiction over territory in each new district.
(d)iiIf a majority of the votes cast are not in favor of the division, the district may not be divided.
Sec.i8162.253.iiELECTION OF DIRECTORS OF NEW DISTRICTS. (a) Not later than the 90th day after the date of an election in favor of the division of the district, the board shall:
(1)iiappoint itself as the board of one of the new districts; and
(2)iiappoint five directors for each of the other new districts.
(b)iiDirectors appointed under Subsection (a)(1) serve the staggered terms to which they were elected in the original district. Directors appointed under Subsection (a)(2) serve until the election for directors under Subsection (c).
2480 80th Legislature — Regular Session 65th Day (Cont.)
(c)iiOn the uniform election date in May of the first even-numbered year after the year in which the directors are appointed, the appointed board shall hold an election to elect five directors in each district for which directors were appointed under Subsection (a)(2). The directors shall draw lots to determine which two shall serve until the next regularly scheduled election of directors and which three shall serve until the second regularly scheduled election of directors.
Sec.i8162.254.iiCONTINUING POWERS AND OBLIGATIONS OF NEW DISTRICTS. (a) Each new district may incur and pay debts and has all powers of the original district created by this chapter.
(b)iiIf the district is divided as provided by this subchapter, the current obligations and any bond authorizations of the district are not impaired. Debts shall be paid by revenue or by taxes or assessments imposed on real property in the district as if the district had not been divided or by contributions from each new district as stated in the terms set by the board under Section 8162.251(e).
(c)iiAny other district obligation is divided pro rata among the new districts on an acreage basis or on other terms that are satisfactory to the new districts.
Sec.i8162.255.iiCONTRACT AUTHORITY OF NEW DISTRICTS. The new districts may contract with each other for:
(1)iiwater and wastewater services; or
(2)iiany other matter the boards of the new districts consider appropriate.
SECTIONi2.iiThe Fairfields Municipal Utility District of Kaufman County initially includes all the territory contained in the following described area:
TRACT 1
BEING a tract of and situated in the Benjamin Kimberling Survey, Abstract No. 265, Joseph Russell Survey, Abstract No. 429, William Clement Survey, Abstract No. 104, Hudson Tabor Survey, Abstract No. 542, J. H. Hamilton Survey, Abstract No. 207, A. J. Paschall Survey, Abstract No. 396, E. Helmstetter Survey, Abstract No. 229, W. C. Moody Survey, Abstract No. 322, William McMurry Survey, Abstract No. 348, and the James W. Cude Survey, Abstract No. 90, Kaufman County, Texas, and being a portion of a 834.0416 acre tract of land as described in instrument to H. L. Hunt and recorded in Volume 318, Page 542, a portion of a tract of land as described in instrument to Hunt Oil Company and recorded in Volume 458, Page 2, all of a tract of land as described in instrument to H. L. Hunt as recorded in Volume 1034, Page 877, all of a tract of land as described in instrument to Hunt Oil Company and recorded in Volume 2466, Page 210, a portion of a tract of land to H. L. Hunt as described in instrument Volume 322, Page 182, all of a tract of land as described in instrument to H. L. Hunt and recorded in Volume 328, Page 299, all of a tract of land as described in instrument to Hunt Oil Company and recorded in Volume 482, Page 410, all of a tract of land as described in instrument to Hunt Oil Company and recorded in Volume 2484, Page 320, all of a tract of land as described in instrument to Hunt Oil Company and recorded in Volume 2489, Page 349, all of a tract of land as described in instrument to Hunt Oil Company and recorded in Volume 2468, Page 127, all of the Deed Records of Kaufman County, Texas, and being more particularly described as follows:
Monday, May 21, 2007 SENATE JOURNAL 2481
BEGINNING at concrete right-of-way monument found at the intersection of the southerly right-of-way line of the Union Pacific Railroad (formerly the Texas & Pacific Railroad) with the westerly right-of-way line of Farm-to-Market Highway No. 429 (F.M. 429), a 90 foot wide right-of-way as established by instrument recorded in Volume 355, Page 203 of the Deed Records of Kaufman County, Texas;
THENCE, along the westerly right-of-way line of said F.M. 429, South 03 degrees 04 minutes 11 seconds East a distance of 3,527.31 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at the beginning of a curve to the left having a radius of 565.87 feet;
THENCE, continuing along the southwesterly right-of-way line of F.M. 429 and along said curve to the left through a central angle of 43 degrees 43 minutes 48 seconds, an arc length of 431.89 feet, being subtended by a chord of South 24 degrees 56 minutes 05 seconds East a distance of 421.48 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars";
THENCE, South 46 degrees 47 minutes 59 seconds East continuing along the Southwesterly right-of-way line of F.M. 429 a distance of 2,248.36 feet to a 3/8 inch iron rod found for the most Northerly corner of a 5 acre tract of land as described in General Warranty Deed to Harless Steven Rattan and wife, Reva O. Rattan as recorded in Volume 1881, Page 1, Deed Records of Kaufman County, Texas;
THENCE, departing the Southwesterly right-of-way line of said FM 429, South 43 degrees 22 minutes 31 seconds West along the Northwesterly line of said Rattan Tract, a distance of 838.79 feet to a 3/8 inch iron rod found for the most Westerly corner of said Rattan Tract;
THENCE, South 46 degrees 46 minutes 43 seconds East a distance of 259.56 feet to a point for a corner on the southeasterly line of said McCaghren Tract, from which a 3/8 inch iron rod found bears North 87 degrees 13 minutes 08 seconds East, a distance of 0.68 feet and a second 3/8 inch iron rod found bears South 49 degrees 11 minutes 33 seconds West, a distance of 2.24 feet;
THENCE, South 43 degrees 21 minutes 30 seconds West a distance of 1,275.46 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at the North corner of said tract of land to H. L. Hunt, as recorded in Volume 1034, Page 877, said point being the North corner of the said William Clements Survey;
THENCE, South 47 degrees 03 minutes 28 seconds East with the Northeast line of the said William Clements Survey and continuing with the Northerly Northeast line of the said Joseph Russell Survey a distance of 5,301.60 feet to a bent 5/8 iron rod found, said rod being in the Northwest line of the H. L. Hunt tract as described in Volume 318, Page 542;
THENCE, North 43 degrees 07 minutes 35 seconds East along the Northwest line of the H. L. Hunt tract as described in Volume 318, Page 542 a distance of 3,067.25 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" in the Southwest right-of-way line of F.M. 429 and being the beginning of a non-tangent curve to the left having a radius of 1,190.92 feet;
THENCE, in a Southeasterly direction along the Southwest right-of-way line of F.M. 429 along said curve to the left through a central angle of 04 degree 12 minutes 53 seconds, an arc length of 87.61 feet, being subtended by a chord of South 73 degrees
2482 80th Legislature — Regular Session 65th Day (Cont.)
THENCE, South 58 degrees 51 minutes 00 seconds East along the North line of the last mentioned H. L. Hunt tract a distance of 58.41 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at the beginning of a curve to the left having a radius of 364.54 feet;
THENCE, continuing along the North line of the last mentioned H. L. Hunt tract along said curve to the left through a central angle of 56 degrees 25 minutes 53 seconds, an arc length of 359.04 feet, being subtended by a chord of South 87 degrees 03 minutes 57 seconds East a distance of 344.70 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" in the Southwest right-of-way line of F. M. 429;
THENCE, continuing along the Southwest right-of-way line of F.M. 429 the following courses and distances:
South 86 degrees 09 minutes 28 seconds East a distance of 77.03 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at the beginning of a curve to the right having a radius of 671.20 feet;
along said curve to the right through a central angle of 40 degrees 09 minutes 57 seconds, an arc length of 470.53 feet, being subtended by a chord of South 66 degrees 04 minutes 29 seconds East a distance of 460.95 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars";
South 45 degrees 59 minutes 30 seconds East a distance of 2,629.80 feet to a point for corner, from which a concrete Texas Department of Transportation (TxDOT) monument found bears North 37 degrees 36 minutes 31 seconds East, 0.48 feet, said point being the beginning of a non-tangent curve to the right having a radius of 2,819.79 feet;
along said curve to the right through a central angle of 06 degrees 48 minutes 00 seconds, an arc length of 334.66 feet, being subtended by a chord of South 42 degrees 35 minutes 30 seconds East a distance of 334.46 feet to a point for corner, from which a concrete Texas Department of Transportation (TxDOT) monument found bears North 71 degrees 55 minutes 44 seconds West, 0.48 feet;
South 39 degrees 11 minutes 30 seconds East a distance of 115.12 feet to a point for corner, from which a concrete Texas Department of Transportation (TxDOT) monument found bears North 14 degrees 10 minutes 37 seconds West, 0.26 feet, said point being the beginning of a curve to the left having a radius of 2,909.79 feet;
along said curve to the left through a central angle of 06 degrees 12 minutes 00 seconds, an arc length of 314.87 feet, being subtended by a chord of South 42 degrees 17 minutes 30 seconds East a distance of 314.72 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars";
South 45 degrees 23 minutes 30 seconds East a distance of 705.00 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at the beginning of a curve to the left having a radius of 2,909.83 feet;
along said curve to the left through a central angle of 05 degrees 27 minutes 28 seconds, an arc length of 277.18 feet, being subtended by a chord of South 48 degrees 06 minutes 43 seconds East a distance of 277.07 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars";
Monday, May 21, 2007 SENATE JOURNAL 2483
South 50 degrees 32 minutes 30 seconds East a distance of 154.67 feet to a point for corner, from which a concrete Texas Department of Transportation (TxDOT) monument found bears North 66 degrees 02 minutes 36 seconds West, 0.30 feet at the beginning of a curve to the right having a radius of 1,387.64 feet;
along said curve to the right through a central angle of 07 minutes 40 minutes 00 seconds, an arc length of 185.68 feet, being subtended by a chord of South 46 degrees 42 minutes 30 seconds East a distance of 185.54 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars"
South 42 degrees 52 minutes 30 seconds East a distance of 316.47 feet to a point for corner, said point being in Northwest line of a tract of land described in instrument to Ernest V. Rogers and wife, Cynthia Sue Rogers and recorded in Volume 952, Page 788 of the Deed Records of Kaufman County, Texas, from which a 1/2 inch iron rod found bears South 44 degrees 48 minutes 38 seconds, 0.48 feet;
THENCE, South 44 degrees 48 minutes 38 seconds West along the Northwest line of the said Rogers and the southeast line of the said H. L. Hunt tract as described in Volume 458, Page 2, a distance of 2,422.47 feet to a fence corner post;
THENCE, North 45 degrees 19 minutes 53 seconds West a distance of 1,756.49 feet to a fence corner post;
THENCE, South 42 degrees 59 minutes 38 seconds West a distance of 1,465.41 feet to a fence corner post;
THENCE, South 46 degrees 07 minutes 41 seconds East a distance of 1,642.52 feet to a fence corner post;
THENCE, South 43 degrees 02 minutes 42 seconds West a distance of 888.12 feet to a 10" Hackberry Tree found on the north line of Interstate Highway 20;
THENCE, along the north right-of-way line of Interstate Highway 20 the following courses and distance:
North 74 degrees 59 minutes 38 seconds West a distance of 2,680.90 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
North 75 degrees 26 minutes 04 seconds West a distance of 1,300.04 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
North 74 degrees 59 minutes 38 seconds West a distance of 1,600.00 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
North 66 degrees 27 minutes 38 seconds West a distance of 303.36 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
North 27 degrees 15 minutes 38 seconds West a distance of 148.64 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
North 35 degrees 13 minutes 22 seconds East a distance of 249.92 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
North 44 degrees 22 minutes 22 seconds East a distance of 107.90 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
North 45 degrees 51 minutes 38 seconds West a distance of 368.81 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars at the most Westerly Northwest corner of a tract of land as described in instrument to H. L. Hunt and recorded in Volume 318, Page 542;
2484 80th Legislature — Regular Session 65th Day (Cont.)
THENCE, North 43 degrees 06 minutes 41 seconds East along the northwest line of said H. L. Hunt tract as recorded in Volume 318, Page 542 a distance of 24.21 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars at the south corner of said H. L. Hunt tract as recorded in Volume 1034, Page 877;
THENCE, North 46 degrees 18 minutes 38 seconds West along the Southwest line of said H. L. Hunt tract as recorded in Volume 1034, Page 877 a distance of 5,289.65 feet to a 1/2 iron rod found at the west corner of the last mentioned H. L. Hunt tract;
THENCE, North 43 degrees 04 minutes 01 seconds East along the Northwest line of the last mentioned H. L. Hunt tract a distance of 0.56 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars in the north right-of-way line of Airport Road as established by instrument to the City of Terrell for road right-of-way dated July 27, 2004;
THENCE, along the North right-of-way line of Airport Road the following courses and distances:
North 46 degrees 42 minutes 19 seconds West a distance of 136.81 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
North 46 degrees 21 minutes 25 seconds West a distance of 480.30 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
North 46 degrees 08 minutes 50 seconds West a distance of 582.25 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
North 46 degrees 42 minutes 43 seconds West a distance of 195.07 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
North 48 degrees 12 minutes 12 seconds West a distance of 100.52 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
North 49 degrees 05 minutes 54 seconds West a distance of 151.43 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
North 45 degrees 04 minutes 36 seconds West a distance of 1,121.91 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars in the Northwest line of the said Hunt Oil Company tract as recorded in Volume 2466, Page 210;
THENCE, South 43 degrees 35 minutes 44 seconds West along the Northwest line of the last mentioned Hunt Oil Company tract a distance of 91.96 feet to a cut cross found in concrete at the West corner of the said Hunt Oil Company tract as recorded in Volume 2466, Page 210, said corner also being the south corner of the said H. L. Hunt tract as recorded in Volume 328, Page 299;
THENCE, North 42 degrees 27 minutes 27 seconds West along the Southwest line of the said H. L. Hunt tract as recorded in Volume 328, Page 299 a distance of 769.09 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
THENCE, North 46 degrees 19 minutes 18 seconds West continuing along the Southwest line of the last mention H. L. Hunt tract a distance of 2,272.73 feet to a cut cross set in concrete at the west corner of the last mentioned H. L. Hunt tract;
THENCE, North 64 degrees 21 minutes 57 seconds East along a Northwest line of the last mention H. L. Hunt tract a distance of 1,775.49 feet to a fence corner, same being a large tree;
THENCE, North 30 degrees 23 minutes 40 seconds East along a West line of the last mention H. L. Hunt tract a distance of 166.50 feet to a railroad spike set in tree root;
Monday, May 21, 2007 SENATE JOURNAL 2485
THENCE, North 14 degrees 01 minute 46 seconds West continuing along a Southwest line of the last mention H. L. Hunt tract a distance of 226.95 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars in fence line;
THENCE, North 21 degrees 49 minutes 11 seconds West continuing along a Southwest line of the last mention H. L. Hunt tract and along a fence line a distance of 294.75 feet to a fence corner post;
THENCE, North 27 degrees 38 minutes 46 seconds West continuing along a Southwest line of the last mention H. L. Hunt tract and along a fence line a distance of 785.05 feet to a fence corner post;
THENCE, North 25 degrees 07 minutes 59 seconds West continuing along a Southwest line of the last mention H. L. Hunt tract and along a fence a distance of 520.74 feet to a 1/2 iron rod found with cap stamped "Neagles RPLS 5239";
THENCE, North 73 degrees 05 minutes 55 seconds West a distance of 742.11 feet to a 5/8 inch iron rod found;
THENCE, South 64 degrees 39 minutes 12 seconds West continuing a Southeast line of the last mention H. L. Hunt tract a distance of 382.45 feet to a fence corner post;
THENCE, North 46 degrees 40 minutes 18 seconds West continuing along a Southwest line of the last mention H. L. Hunt tract and along a fence line and an extension thereof a distance of 287.37 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars in the centerline of a road at the most northerly west corner of the last mentioned H. L. Hunt tract, from which a 1/2 inch iron rod found bears North 63 degrees 28 minutes 24 seconds West, 2.38 feet;
THENCE, North 43 degrees 13 minutes 19 seconds East along a Northwest line of the last mentioned H.L. Hunt and along the centerline of a road a distance of 1,259.54 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars in the centerline of College Mound Road;
THENCE, South 47 degrees 34 minutes 51 seconds East along a Northeast line of the last mentioned H.L. Hunt and along the centerline of College Mound Road a distance of 1,080.86 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars;
THENCE, South 73 degrees 23 minutes 16 seconds East continuing along a Northerly line of the last mentioned H.L. Hunt and along the centerline of College Mound Road a distance of 691.14 feet to a metal bar found in the center of a wooden bridge, same being the centerline of Kings Creek;
THENCE, North 13 degrees 19 minutes 44 seconds East along the centerline of Kings Creek a distance of 30.33 feet to the Southeast corner of the Greenbelt Addition, recorded in Cabinet 1, Sleeve 324 of the Plat Records of Kaufman County, Texas;
THENCE, with the Northeasterly line of the said Greenbelt Addition and the centerline of Kings Creek the following courses and distances:
North 09 degrees 03 minutes 42 seconds East a distance of 47.11 feet to a point for corner;
North 36 degrees 13 minutes 18 seconds West a distance of 36.15 feet to a point for corner;
North 74 degrees 58 minutes 16 seconds West a distance of 307.46 feet to a point for corner;
North 02 degrees 53 minutes 41 seconds West a distance of 38.38 feet to a point for corner;
2486 80th Legislature — Regular Session 65th Day (Cont.)
North 44 degrees 58 minutes 25 seconds East a distance of 107.34 feet to a point for corner;
North 02 degrees 08 minutes 44 seconds East a distance of 45.54 feet to a point for corner;
North 42 degrees 29 minutes 01 second West a distance of 100.80 feet to a point for corner;
North 34 degrees 15 minutes 02 seconds East a distance of 116.47 feet to a point for corner;
North 10 degrees 59 minutes 15 seconds East a distance of 55.00 feet to a point for corner;
North 31 degrees 10 minutes 25 seconds West a distance of 171.33 feet to a point for corner;
North 25 degrees 01 minutes 25 seconds East a distance of 70.09 feet to a point for corner;
North 74 degrees 52 minutes 25 seconds East a distance of 120.41 feet to a point for corner;
North 01 degree 02 minutes 44 seconds East a distance of 52.80 feet to a point for corner;
North 18 degrees 07 minutes 02 seconds West a distance of 111.02 feet to a point for corner;
North 40 degrees 43 minutes 56 seconds East a distance of 40.31 feet to the confluence of Kings Creek and a branch for corner;
THENCE, with the Northeasterly line of the said Greenbelt Addition and the centerline of Branch the following courses and distances:
North 14 degrees 09 minutes 42 seconds West a distance of 122.13 feet to a point for corner;
North 73 degrees 19 minutes 07 seconds West a distance of 22.83 feet to a point for corner;
North 45 degrees 24 minutes 53 seconds West a distance of 127.01 feet to a point for corner;
North 07 degrees 38 minutes 33 seconds West a distance of 15.00 feet to a point for corner;
North 49 degrees 28 minutes 56 seconds West a distance of 46.17 feet to a point for corner;
North 18 degrees 48 minutes 09 seconds West a distance of 59.93 feet to a point for corner;
North 34 degrees 18 minutes 35 seconds West a distance of 203.21 feet to a point for corner;
North 74 degrees 55 minutes 58 seconds West a distance of 73.06 feet to a point for corner;
North 37 degrees 01 minute 03 seconds West a distance of 284.75 feet to the north corner of said Greenbelt Addition;
THENCE, South 42 degrees 27 minutes 36 seconds West along the northwest side of the said Greenbelt Addition a distance of 48.18 feet to a fence corner post, said post being in the southwest line of the Hunt Oil Company tract as recorded in Volume 482, Page 410;
Monday, May 21, 2007 SENATE JOURNAL 2487
THENCE, North 46 degrees 55 minutes 28 seconds West along a southwest line of the last mentioned Hunt Oil Company tract and along a fence line a distance of 2,111.39 feet to a fence corner post;
THENCE, North 51 degrees 15 minutes 08 seconds East along a northwesterly line of the last mentioned Hunt Oil Company tract and along a fence line passing at 310.00 feet a 5/8 inch iron rod set, in all a distance of 320.00 feet to an inner ell corner of the Hunt Oil Company tract as recorded in Volume 482, Page 410;
THENCE, North 63 degrees 38 minutes 20 seconds West along a southwest line of the last mentioned Hunt Oil Company tract a distance of 324.26 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars";
THENCE, North 61 degrees 09 minutes 01 second West continuing along a southwest line of the last mentioned Hunt Oil Company tract a distance of 445.60 feet to a fence corner post in the southerly right-of-way line of the Union Pacific Railroad spur, said post being the beginning of a non-tangent curve to the right having a radius of 795.00 feet;
THENCE, along the southerly right-of-way line of the Texas & Pacific Railroad spur and along a curve to the right through a central angle of 20 degrees 21 minutes 36 seconds, an arc length of 282.50 feet, being subtended by a chord of North 77 degrees 21 minutes 05 seconds East a distance of 281.02 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" in the south right-of-way line of the Union Pacific Railroad, a 100.00 foot wide right-of-way;
THENCE, South 82 degrees 57 minutes 54 seconds East along the south right-of-way line of the Union Pacific Railroad a distance of 3,744.63 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at the northwest corner of a tract of land as described in instrument to Texas Power and Light Company as recorded in Volume 526, Page 665 of the Deed Records of Kaufman County, Texas;
THENCE, South 11 degrees 36 minutes 24 seconds West departing the south right-of-way line of the Union Pacific Railroad and along the west ling of the said Texas Power and Light Company tract a distance of 300.79 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at the southwest corner of the said Texas Power and Light Company Tract;
THENCE, along the southerly line of said Texas Power and Light Company Tract, South 83 degrees 00 minutes 21 seconds East along the south line of the said Texas Power and Light Company tract passing at 110.00 feet a concrete Texas Power & Light Company monument with a brass cap found at the southeast corner of the last mentioned Texas Power and Light Company tract, said monument also being the southwest corner of a tract of land as described in instrument to Texas Power & Light Company as recorded in Volume 195, Page 158 of the Deed Records of Kaufman County, Texas, in all a distance of 410.66 feet to a galvanized steel post in concrete stamped "T P& L Co. prop. corner" at the southeast corner of said Texas Power and Light Company Tract;
THENCE, along the easterly line of said Texas Power and Light Company Tract (Vol. 195, Page 158) and continuing along the aforementioned Texas Power and Light Company Tract (Vol. 206, Page 380) North 11 degrees 27 minutes 59 seconds East a
2488 80th Legislature — Regular Session 65th Day (Cont.)
THENCE, South 82 degrees 57 minutes 54 seconds East along the south right-of-way line of the Union Pacific Railroad a distance of 2,270.17 feet to the POINT OF BEGINNING and CONTAINING 2,352.6 acres of land, more or less.
TRACT 2
BEING a tract of land situated in the Benjamin Kimberling Survey, Abstract No. 265, Kaufman County, Texas, and being a portion of a 834.0416 acre tract of land as described in instrument to H. L. Hunt as recorded in Volume 318, Page 542, subsequently deeded to Hunt Oil Company in Volume 427, Page 119 of the Deed Records of Kaufman County, Texas, and being a portion of a 22.634 acre tract of land as described in instrument to Hunt Oil Company as recorded in Volume 2622, Page 444 of the Deed Records of Kaufman County, Texas, and being all of a 65.24 acre tract of land as described in instrument to Hunt Oil Company as recorded in Volume 2723, Page 294 of the Deed Records of Kaufman County, Texas, and being more particularly described as follows:
BEGINNING 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at the intersection of the south right-of-way line of Interstate Highway 20, a variable width right-of-way, with the east line of the Kaufman-Van Zandt Baptist Area Church, Inc. tract as described in instrument recorded in Volume 1470, Page 1 of the Deed Records of Kaufman County, Texas;
THENCE, along the south right-of-way of Interstate Highway 20 the following:
South 74 degrees 59 minutes 38 seconds East a distance of 1,388.56 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars";
South 74 degrees 06 minutes 45 seconds East a distance of 1,300.15 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars", from which a Texas Department of Transportation concrete highway monument found bears South 33 degrees 20 minutes 55 seconds East, 1.16 feet;
South 74 degrees 59 minutes 38 seconds East a distance of 2,473.19 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" in a southeast line of the said H. L. Hunt tract, from which a Texas Department of Transportation concrete highway monument found bears South 78 degrees 07 minutes 55 seconds East, 1.47 feet;
South 74 degrees 59 minutes 38 seconds East a distance of 326.81 feet to a five-eighths inch iron rod set with cap stamped "Huitt-Zollars", from which a TxDOT concrete monument found bears South 84 degrees 10 minutes 06 seconds East, 1.13 feet;
South 74 degrees 30 minutes 59 seconds East a distance of 600.02 feet to a point for corner, from which a TxDOT concrete monument found bears North 47 degrees 49 minutes 51 seconds East, 0.33 feet;
South 74 degrees 59 minutes 38 seconds East a distance of 600.00 feet to a point for corner, from which a TxDOT concrete monument found bears South 75 degrees 52 minutes 04 seconds East, 0.48 feet;
South 73 degrees 33 minutes 42 seconds East a distance of 400.12 feet to a point for corner, from which a TxDOT concrete monument found bears North 13 degrees 14 minutes 53 seconds East, 0.48 feet;
Monday, May 21, 2007 SENATE JOURNAL 2489
South 74 degrees 59 minutes 38 seconds East a distance of 78.53 feet to a five-eighths inch iron rod found with cap stamped "Huitt-Zollars" in the southeasterly line of said Hunt Oil Company tract (Vol. 2723, Pg. 294);
THENCE, South 46 degrees 58 minutes 57 seconds West along the southeast line of the last mentioned Hunt Oil Company tract a distance of 2,162.15 feet to a fence corner post at the south corner of the said last mentioned Hunt Oil Company tract;
THENCE, North 46 degrees 30 minutes 03 seconds West along the southwest line of the last mentioned Hunt Oil Company tract a distance of 1,628.60 feet to a fence corner post at the west corner of the last mentioned Hunt Oil Company tract, said corner also being a south corner of the said Hunt Oil Company Tract (Vol. 427, Pg. 119) and the west corner of said Hunt Oil Company tract (Vol. 2723, Pg. 294);
THENCE, North 46 degrees 52 minutes 48 seconds West along a southwest line of the said Hunt Oil Company tract (Vol. 427, Pg. 119) and along a fence line a distance of 744.85 feet to the southeast line of the said Hunt Oil Company tract (Vol. 2622, Pg. 444);
THENCE, South 44 degrees 33 minutes 51 seconds West along a southeast of the last mentioned Hunt Oil Company tract a distance of 1,374.94 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars";
THENCE, North 46 degrees 22 minutes 46 seconds West a distance of 200.00 feet to a five-eighths inch iron rod found with cap stamped "Huitt-Zollars";
THENCE, South 44 degrees 33 minutes 51 seconds West a distance of 217.83 feet to a five-eighths inch iron rod found with cap stamped "Huitt-Zollars" on the south line of the last mentioned Hunt Oil Company tract;
THENCE, North 46 degrees 22 minutes 46 seconds West a distance of 419.46 feet to the west corner of the last mentioned Hunt Oil Company tract, and being on the southeast line of the said Hunt Oil Company (Vol. 427, Pg. 119), from which a five-eighths inch iron rod found with cap stamped "Huitt-Zollars", bears North 44 degrees 37 minutes 00 seconds East a distance of 20.77 feet;
THENCE, South 44 degrees 37 minutes 00 seconds West a distance of 5.65 feet to the southern most corner of the last mentioned Hunt Oil Company tract, and being in the centerline of County Road 136;
THENCE, North 45 degrees 58 minutes 05 seconds West along a southwest line of the last mentioned Hunt Oil Company tract and generally along the centerline of said County Road 136, a distance of 3,081.35eet to a PK nail found at the most southerly corner of said Kaufman-Van Zandt Baptist Area Church, Inc. tract;
THENCE, North 43 degrees 49 minutes 13 seconds East along the east line of said Kaufman-Van Zandt Baptist Area Church, Inc. tract a distance of 195.34 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars";
THENCE, North 14 degrees 34 minutes 18 seconds East continuing along the east line of said Kaufman-Van Zandt Baptist Area Church, Inc. tract a distance of 168.66 feet to a the POINT OF BEGINNING and CONTAINING 201.3 acres of land, more or less.
2490 80th Legislature — Regular Session 65th Day (Cont.)
TRACT 3
BEING a tract of land situated in the Benjamin Kimberling Survey, Abstract No. 265 and the Joseph Russell Survey, Abstract No. 429, Kaufman County, Texas, and being a portion of a tract of 110.5 acre tract of land as described in instrument to H. L. Hunt as recorded in Volume 322, Page 129 of the Deed Records of Kaufman County, Texas, and being more particularly described as follows:
BEGINNING 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at the west corner of said Hunt tract, said point being at the intersection of the projected centerline of F.M. 429 (formerly known as College Mound Road) with the centerline of Kaufman County Road No. 309;
THENCE, North 43 degrees 58 minutes 52 seconds East along the northwest line of said Hunt tract a distance of 2,252.13 feet to a fence corner post;
THENCE, South 46 degrees 32 minutes 42 seconds East along the northeast line of said Hunt tract and along a fence line a distance of 2,129.12 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at the east corner of said Hunt tract;
THENCE, South 44 degrees 17 minutes 57 seconds West along the southeast line of said Hunt tract and along a fence line a distance of 2,227.72 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" in the northerly right-of-way line of F.M. 429, a 90.0 foot wide right-of-way, as established deed recorded in Volume 355, Page 221 of the Deed Records of Kaufman County, Texas;
THENCE, North 45 degrees 59 minutes 30 seconds West along the northerly right-of-way line of F.M. 429 a distance of 1,623.46 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at the beginning of a curve to the left having a radius of 761.20 feet;
THENCE, continuing along the northerly right-of-way line of F.M. 429 and along said curve to the left through a central angle of 19 degrees 47 minutes 59 seconds, arc length of 263.05 feet, being subtended by a chord of North 55 degrees 53 minutes 30 seconds West a distance of 261.74 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" in the southwest line of the said Hunt tract;
THENCE, North 45 degrees 59 minutes 30 seconds West along the southwest line of the said Hunt tract a distance of 235.34 feet a the POINT OF BEGINNING and CONTAINING 108.39 acres of land, more or less.
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.
Monday, May 21, 2007 SENATE JOURNAL 2491
SECTIONi4.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.
The amendment was read.
Senator Deuell moved to concur in the House amendment to SBi323.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
SENATE BILL 350 WITH HOUSE AMENDMENT
Senator Ellis called SBi350 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer, Senator Brimer in Chair, laid the bill and the House amendment before the Senate.
Amendment
Amend SBi350 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to the abatement of certain nuisances involving junked vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 683.071, Transportation Code, is amended to read as follows:
Sec.i683.071.iiDEFINITION.iiIn this subchapter, "junked vehicle" means a vehicle that is self-propelled and:
(1)iidoes not have lawfully attached to it:
(A)iian unexpired license plate; and [or]
(B)iia valid motor vehicle inspection certificate; and
(2)iiis:
(A)iiwrecked, dismantled or partially dismantled, or discarded; or
(B)iiinoperable and has remained inoperable for more than:
(i)ii72 consecutive hours, if the vehicle is on public property; or
(ii)ii30 consecutive days, if the vehicle is on private property.
SECTIONi2.iiSection 683.074(b), Transportation Code, is amended to read as follows:
(b)iiThe procedures must:
(1)iiprohibit a vehicle from being reconstructed or made operable after removal;
(2)iirequire a public hearing on request of a person who receives notice as
provided by Section 683.075 if the request is made not later than the date by which
the nuisance must be abated and removed [before removal of the public nuisance];
and
(3)iirequire that notice identifying the vehicle or part of the vehicle be given to the department not later than the fifth day after the date of removal.
SECTIONi3.iiThis Act takes effect September 1, 2007.
The amendment was read.
2492 80th Legislature — Regular Session 65th Day (Cont.)
Senator Ellis moved to concur in the House amendment to SBi350.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
SENATE BILL 143 WITH HOUSE AMENDMENT
Senator West called SBi143 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Floor Amendment No. 1 on Third Reading
Amend SB 143 on third reading (House committee printing) by striking SECTION 2 of the bill (page 9, lines 10 through 22) and substituting the following:
SECTIONi2.iiSection 161.084, Health and Safety Code, is amended by amending Subsection (b) and adding Subsection (f) to read as follows:
(b)iiThe sign must include the statement:
PURCHASING OR ATTEMPTING TO PURCHASE TOBACCO PRODUCTS BY A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. SALE OR PROVISION OF TOBACCO PRODUCTS TO A MINOR UNDER 18 YEARS OF AGE IS PROHIBITED BY LAW. UPON CONVICTION, A CLASS C MISDEMEANOR, INCLUDING A FINE OF UP TO $500, MAY BE IMPOSED. VIOLATIONS MAY BE REPORTED TO THE TEXAS COMPTROLLER'S OFFICE BY CALLING (insert toll-free telephone number). PREGNANT WOMEN SHOULD NOT SMOKE. SMOKERS ARE MORE LIKELY TO HAVE BABIES WHO ARE BORN PREMATURE OR WITH LOW BIRTH WEIGHT.
(f)iiThe comptroller may accept gifts or grants from any public or private source to perform the comptroller's duties under this section.
The amendment was read.
Senator West moved to concur in the House amendment to SBi143.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
SENATE BILL 12 WITH HOUSE AMENDMENTS
Senator Averitt called SBi12 from the President's table for consideration of the House amendments to the bill.
The Presiding Officer laid the bill and the House amendments before the Senate.
Amendment
Amend SBi12 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to programs for the enhancement of air quality, including energy efficiency standards in state purchasing and energy consumption; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. LOW-INCOME VEHICLE REPAIR ASSISTANCE, RETROFIT, AND ACCELERATED VEHICLE RETIREMENT PROGRAM
SECTIONi1.01.iiSection 382.003, Health and Safety Code, is amended by adding Subdivisions (7-a), (9-a), and (10-a) to read as follows:
Monday, May 21, 2007 SENATE JOURNAL 2493
(7-a)ii"Hybrid motor vehicle" means a motor vehicle that draws propulsion energy from both gasoline or conventional diesel fuel and a rechargeable energy storage system.
(9-a)ii"Motor vehicle" means a fully self-propelled vehicle having four wheels that has as its primary purpose the transport of a person or persons, or property, on a public highway.
(10-a)ii"Qualifying motor vehicle" means a motor vehicle that has a current emissions inspection sticker and meets the requirements of Section 382.210(b).
SECTIONi1.02.iiSubsection (b), Section 382.0622, Health and Safety Code, is amended to read as follows:
(b)iiExcept as provided by Subsection [Subsections] (b-1) [and (e)], Clean Air
Act fees shall be deposited in the state treasury to the credit of the clean air account
and shall be used to safeguard the air resources of the state.
SECTIONi1.03.iiSubsection (a), Section 382.203, Health and Safety Code, is amended to read as follows:
(a)iiThe inspection and maintenance program applies to any [gasoline-powered]
vehicle that is:
(1)iirequired to be registered in and is primarily operated in an affected county; and
(2)iiat least two years old and newer [less] than model year 1980 [25 years
old]; or
(3)iisubject to test-on-resale requirements under Section 548.3011, Transportation Code.
SECTIONi1.04.iiSection 382.209, Health and Safety Code, is amended by amending Subsections (b), (e), and (g) and adding Subsections (i) and (j) to read as follows:
(b)iiThe commission shall provide funding for local low-income vehicle repair
assistance, retrofit, and accelerated vehicle retirement programs with available funds
collected under Section 382.202, 382.302, or other designated and available funds.
The programs shall be administered in accordance with Chapter 783, Government
Code. Program [Programmatic] costs may include call center management,
application oversight, invoice analysis, education, outreach, and advertising. In a
county with a vehicle emissions inspection and maintenance program under Section
382.202, not more than 10 percent of the money provided to a local low-income
vehicle repair assistance, retrofit, and accelerated vehicle retirement program under
this section may be used for the administration of the programs. In a county with a
vehicle emissions inspection and maintenance program under Section 382.302, the
commission shall provide 10 percent of all the fees collected in that county for a
low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement
program under this section for the administration of the program.
(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:
2494 80th Legislature — Regular Session 65th Day (Cont.)
(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 Transportation, and the Public Safety Commission; [and]
(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.
(g)iiA participating county may contract with any appropriate entity, including
the regional council of governments or the metropolitan planning organization in the
appropriate region, or with another county for services necessary to implement the
participating county's low-income vehicle repair assistance, retrofit, and accelerated
vehicle retirement program. The participating counties in a nonattainment region or
counties participating in an early action compact under Subchapter H may agree to
have the money collected in any one county be used in any other participating county
in the same region. [The participating counties may also agree to contract with any
appropriate entity, including the regional metropolitan planning organization or
council of governments, to implement a program under Section 382.217.]
(i)iiNotwithstanding the vehicle replacement requirements provided by Subsection (d)(2), the commission by rule may provide monetary or other compensatory assistance under the low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program, subject to the availability of funds, for the replacement of a vehicle that meets the following criteria:
(1)iithe vehicle is at least 10 years old;
(2)iithe vehicle owner meets applicable financial eligibility criteria;
(3)iithe vehicle meets the requirements provided by Subsections (e)(1) and (2); and
(4)iithe vehicle has passed a Department of Public Safety motor vehicle safety inspection or safety and emissions inspection within the 15-month period before the application is submitted.
(j)iiThe commission may provide monetary or other compensatory assistance under the low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program for a replacement vehicle or replacement assistance for a pre-1996 model year replacement vehicle that passes the required United States Environmental Protection Agency Start-Up Acceleration Simulation Mode Standards emissions test but that would have failed the United States Environmental Protection Agency Final Acceleration Simulation Mode Standards emissions test or failed to meet some other criterion determined by the commission; provided, however, that a replacement vehicle under this subsection must be a qualifying motor vehicle.
Monday, May 21, 2007 SENATE JOURNAL 2495
SECTIONi1.05.iiSection 382.210, Health and Safety Code, is amended to read as follows:
Sec.i382.210.iiIMPLEMENTATION GUIDELINES AND REQUIREMENTS. (a)iiThe commission by rule shall adopt guidelines to assist a participating county in implementing a low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program authorized under Section 382.209. The guidelines at a minimum shall recommend:
(1)iia minimum and maximum amount for repair assistance;
(2)iia minimum and maximum amount toward the purchase price of a replacement vehicle qualified for the accelerated retirement program, based on vehicle type and model year, with the maximum amount not to exceed:
(A)ii$3,000 for a replacement vehicle of the latest model year, except as provided by Paragraph E;
(B)ii$2,500 for a replacement vehicle of the previous two model years, except as provided by Paragraph F;
(C)ii$2,000 for a replacement vehicle the model year of which is more than two years but is five years or less before the year in which the vehicle is purchased as a replacement vehicle, except as provided by Paragraph F;
(D)ii$1,500 for a replacement vehicle the model year of which is more than five years but is 10 years or less before the year in which the vehicle is purchased as a replacement vehicle;
(E)ii$5,000 for a replacement hybrid motor vehicle of the latest model year; and
(F)ii$3,500 for a replacement hybrid motor vehicle of the preceding five model years;
(3)iicriteria for determining eligibility, taking into account:
(A)iithe vehicle owner's income, provided that an eligible vehicle owner's income may not exceed 300 percent of the federal poverty level;
(B)iithe fair market value of the vehicle; and
(C)iiany other relevant considerations;
(4)iisafeguards for preventing fraud in the repair, purchase, or sale of a vehicle in the program; and
(5)iiprocedures for determining the degree and amount of repair assistance a vehicle is allowed, based on:
(A)iithe amount of money the vehicle owner has spent on repairs;
(B)iithe vehicle owner's income; and
(C)iiany other relevant factors.
(b)iiA replacement vehicle described by Subsection (a)(2) must have a gross vehicle weight rating of less than 10,000 pounds.
(c)iiA participating county shall provide an electronic means for distributing vehicle repair or replacement funds once all program criteria have been met with regard to the repair or replacement. The county shall ensure that funds are transferred to a participating dealer under this section not later than five business days after the date the county receives proof of the sale and any required administrative documents from the participating dealer.
2496 80th Legislature — Regular Session 65th Day (Cont.)
(d)iiIn rules adopted under this section, the commission shall require a procedure that:
(1)iiproduces a document confirming that a person is eligible to purchase a replacement vehicle in the manner provided by this chapter, and the amount of money available to the participating purchaser;
(2)iiprovides that a person who seeks to purchase a replacement vehicle in the manner provided by this chapter is required to have the document required by Subdivision (1) before the person enters into negotiation for a replacement vehicle in the manner provided by this chapter; and
(3)iiprovides that a participating dealer who relies on a document issued as required by Subdivision (1) has no duty to otherwise confirm the eligibility of a person to purchase a replacement vehicle in the manner provided by this chapter.
SECTIONi1.06.iiSection 382.213, Health and Safety Code, is amended by adding Subsections (d) through (i) to read as follows:
(d)iiNotwithstanding Subsection (a)(3), the dismantler of a vehicle shall scrap the emissions control equipment, power train, and engine. The dismantler shall certify that those parts have been scrapped and not resold into the marketplace. A person who causes, suffers, allows, or permits a violation of this subsection or of a rule adopted under this section is subject to a civil penalty under Subchapter D, Chapter 7, Water Code, for each violation. For purposes of this subsection, a separate violation occurs with each fraudulent certification or prohibited resale.
(e)iiExcept as provided by Subsection (d), vehicle parts may be resold in any state.
(f)iiAny dismantling of vehicles or salvaging of steel under this section must be performed at a facility located in this state.
(g)iiIn dismantling a vehicle under this section, the dismantler shall remove any mercury switches in accordance with state and federal law.
(h)iiFor purposes of this section, the commission shall adopt rules defining "emissions control equipment," "power train," and "engine."
(i)iiNotwithstanding any other provision of this section, and except as provided by this subsection, a dealer is in compliance with this section and incurs no civil or criminal liability as a result of the disposal of a replaced vehicle if the dealer produces proof of transfer of the replaced vehicle by the dealer to a dismantler. The defense provided by this subsection is not available to a dealer who knowingly and intentionally conspires with another person to violate this section.
SECTIONi1.07.iiSubchapter G, Chapter 382, Health and Safety Code, is amended by adding Section 382.219 to read as follows:
Sec.i382.219.iiPURCHASE OF REPLACEMENT VEHICLE; AUTOMOBILE DEALERSHIPS. (a)iiAn amount described by Section 382.210(a)(2) may be used as a down payment toward the purchase of a replacement vehicle.
(b)iiAn automobile dealer that participates in the procedures and programs offered by this chapter must be located in this state. A dealer is not required to participate in the procedures and programs provided by this chapter.
SECTIONi1.08.iiSubchapter G, Chapter 382, Health and Safety Code, is amended by adding Section 382.220 to read as follows:
Monday, May 21, 2007 SENATE JOURNAL 2497
Sec.i382.220.iiUSE OF FUNDING FOR LOCAL INITIATIVE PROJECTS. (a)iiMoney that is made available to participating counties under Section 382.202(g) or 382.302 may be appropriated only for programs administered in accordance with Chapter 783, Government Code, to improve air quality. A participating county may agree to contract with any appropriate entity, including a metropolitan planning organization or a council of governments to implement a program under Section 382.202, 382.209, or this section.
(b)iiA program under this section must be implemented in consultation with the commission and may include a program to:
(1)iiexpand and enhance the AirCheck Texas Repair and Replacement Assistance Program;
(2)iidevelop and implement a program or system that remotely determines vehicle emissions and notifies the vehicle's operator;
(3)iidevelop and implement projects to implement the commission's smoking vehicle program;
(4)iidevelop and implement projects for coordinating with local law enforcement officials to reduce the use of counterfeit state inspection stickers by providing local law enforcement officials with funds to identify vehicles with counterfeit state inspection stickers and to carry out appropriate actions;
(5)iidevelop and implement programs to enhance transportation system improvements; or
(6)iidevelop and implement new air control strategies designed to assist local areas in complying with state and federal air quality rules and regulations.
(c)iiMoney that is made available for the implementation of a program under Subsection (b) may be expended for call center management, application oversight, invoice analysis, education, outreach, or advertising purposes.
(d)iiFees collected under Sections 382.202 and 382.302 may be used, in an amount not to exceed $10 million per fiscal year, for projects described by Subsection (b). The fees may be made available only to counties participating in the low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement programs created under Section 382.209.
SECTIONi1.09.iiSubsection (b), Section 152.002, Tax Code, is amended to read as follows:
(b)ii"Total consideration" does not include:
(1)iia cash discount;
(2)iia full cash or credit refund to a customer of the sales price of a motor vehicle returned to the seller;
(3)iithe amount charged for labor or service rendered in installing, applying, remodeling, or repairing the motor vehicle sold;
(4)iia financing, carrying, or service charge or interest on credit extended on a motor vehicle sold under a conditional sale or other deferred payment contract;
(5)iithe value of a motor vehicle taken by a seller as all or a part of the consideration for sale of another motor vehicle, including any cash payment to the buyer under Section 348.404, Finance Code;
(6)iia charge for transportation of the motor vehicle after a sale; [or]
(7)iimotor vehicle inventory tax; or
2498 80th Legislature — Regular Session 65th Day (Cont.)
(8)iian amount made available to the customer under Subchapter G, Chapter 382, Health and Safety Code.
SECTIONi1.10.iiSection 7.102, Water Code, is amended to read as follows:
Sec.i7.102.iiMAXIMUM PENALTY. A person who causes, suffers, allows, or permits a violation of a statute, rule, order, or permit relating to Chapter 37 of this code, Chapter 366, 371, or 372, Health and Safety Code, Subchapter G, Chapter 382, Health and Safety Code, or Chapter 1903, Occupations Code, shall be assessed for each violation a civil penalty not less than $50 nor greater than $5,000 for each day of each violation as the court or jury considers proper. A person who causes, suffers, allows, or permits a violation of a statute, rule, order, or permit relating to any other matter within the commission's jurisdiction to enforce, other than violations of Chapter 11, 12, 13, 16, or 36 of this code, or Chapter 341, Health and Safety Code, shall be assessed for each violation a civil penalty not less than $50 nor greater than $25,000 for each day of each violation as the court or jury considers proper. Each day of a continuing violation is a separate violation.
SECTIONi1.11.iiThe following provisions of the Health and Safety Code are repealed:
(1)iiSubsection (e), Section 382.0622;
(2)iiSubsections (q) and (r), Section 382.202; and
(3)iiSection 382.217.
SECTIONi1.12.iiThe Texas Commission on Environmental Quality shall review its current cutpoint levels for nitrogen oxide emissions and determine whether a lower cutpoint standard would best serve the interest of the public health and welfare. The determination shall be made by rule not later than January 1, 2008. If the commission adopts a lower cutpoint standard, the commission shall make the low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program under Section 382.209, Health and Safety Code, as amended by this article, available to owners of vehicles that did not meet the prior, more stringent standard.
SECTIONi1.13.ii(a)iiThe Texas Commission on Environmental Quality shall seek to work in partnership with automobile manufacturers and dealers in the state to increase public awareness of and participation in the low-income vehicle repair assistance, retrofit, and accelerated vehicle retirement program under Section 382.209, Health and Safety Code, as amended by this article.
(b)iiFunding for the partnership described by Subsection (a) of this section shall be used exclusively for the purpose of publicizing the program.
SECTIONi1.14.ii(a)iiThe Texas Commission on Environmental Quality shall seek to work in partnership with the steel industry and automobile dismantlers to ensure that vehicles being replaced are scrapped and that proof of scrapping is provided to the commission.
(b)iiNot later than January 1, 2008, the Texas Commission on Environmental Quality shall adopt procedures for certifying that emissions control equipment and vehicle engines have been scrapped and not resold into the marketplace and shall by rule define "emissions control equipment," "power train," and "engine," as required by Section 382.213, Health and Safety Code, as amended by this article.
Monday, May 21, 2007 SENATE JOURNAL 2499
ARTICLE 2.iiTEXAS EMISSIONS REDUCTION PLAN
SECTIONi2.01.iiSection 386.002, Health and Safety Code, is amended to read as follows:
Sec.i386.002.iiEXPIRATION. This chapter expires August 31, 2013 [2010].
SECTIONi2.02.iiSubsection (a), Section 386.052, Health and Safety Code, is amended to read as follows:
(a)iiIn administering the plan established under this chapter and in accordance with the requirements of this chapter, the commission shall:
(1)iimanage plan funds and oversee the plan;
(2)iiproduce guidelines, protocols, and criteria for eligible projects;
(3)iidevelop methodologies for evaluating project cost-effectiveness;
(4)iiprepare reports regarding the progress and effectiveness of the plan;
[and]
(5)iitake all appropriate and necessary actions so that emissions reductions achieved through the plan are credited by the United States Environmental Protection Agency to the appropriate emissions reduction objectives in the state implementation plan; and
(6)iihire staff and consultants needed to complete the commission's duties under this section and ensure timely review of applications and reimbursement of grant applicants' eligible project costs.
SECTIONi2.03.iiSubsection (d), Section 386.053, Health and Safety Code, is amended to read as follows:
(d)iiThe commission may propose revisions to the guidelines and criteria
adopted under this section as necessary to improve the ability of the plan to achieve its
goals. Revisions may include, among other changes, adding additional pollutants,
adding stationary engines or engines used in stationary applications, adding vehicles
and equipment that use fuels other than diesel, or adjusting eligible program
categories, as appropriate, to ensure that incentives established under this chapter
achieve the maximum possible emissions reductions. The commission shall make a
proposed revision available to the public before the 30th [45th] day preceding the date
of final adoption of the revision and shall hold at least one public meeting to consider
public comments on the proposed revision before final adoption.
SECTIONi2.04.iiSubsection (c), Section 386.104, Health and Safety Code, is amended to read as follows:
(c)iiFor a proposed project as described by Section 386.102(b), other than a
project involving a marine vessel or engine, not less than 50 [75] percent of vehicle
miles traveled or hours of operation projected for the five years immediately
following the award of a grant must be projected to take place in a nonattainment area
or affected county of this state. The commission may also allow vehicle travel on
highways and roadways, or portions of a highway or roadway, designated by the
commission and located outside a nonattainment area or affected county to count
towards the percentage of use requirement in this subsection. For a proposed project
involving a marine vessel or engine, the vessel or engine must be operated in the
intercoastal waterways or bays adjacent to or in an area within nine miles of a
2500 80th Legislature — Regular Session 65th Day (Cont.)
SECTIONi2.05.iiSubsection (a), Section 386.106, Health and Safety Code, is amended to read as follows:
(a)iiExcept as provided by Section 386.107 and except for infrastructure projects
and infrastructure purchases that are part of a broader retrofit, repower, replacement,
or add-on equipment project, the commission may not award a grant for a proposed
project the cost-effectiveness of which, calculated in accordance with Section 386.105
and criteria developed under that section, exceeds $15,000 [$13,000] per ton of oxides
of nitrogen emissions reduced in the nonattainment area or affected county for which
the project is proposed. This subsection does not restrict commission authority under
other law to require emissions reductions with a cost-effectiveness that exceeds
$15,000 [$13,000] per ton.
SECTIONi2.06.iiSection 386.109, Health and Safety Code, is amended to read as follows:
Sec.i386.109.iiELIGIBLE INFRASTRUCTURE PROJECTS. (a)iiThe commission may consider for funding under Section 386.108:
(1)iithe purchase and installation at a site of equipment that is designed primarily to dispense qualifying fuel, other than standard gasoline or diesel, or the purchase of on-site mobile fueling equipment;
(2)iiinfrastructure projects, including auxiliary power units, designed to dispense electricity to:
(A)iimotor vehicles;
(B)ii[and] on-road and non-road diesels; and
(C)iimarine vessels; and
(3)iia project that involves a technology that allows a vehicle to replace with electric power, while the vehicle is parked, the power normally supplied by the vehicle's internal combustion engine.
(b)iiThe commission may provide funding to other state agencies to implement projects under Subsection (a)(3), including funding for the lease, purchase, or installation of idle reduction technologies and facilities at rest areas and other public facilities on major highway transportation routes located in areas eligible for funding or for marine vessels operating on water routes eligible for funding. Funding under this subsection may include reasonable operational costs determined by the commission to be needed for the initial start-up and proper operation of the idle reduction technologies. The state agency leasing, owning, or operating the idle reduction facility constructed with funds provided under this subsection may, but is not required to, charge reasonable fees for the provision of idle reduction services provided that those fees are used to directly offset the cost of providing the services.
(c)iiIn evaluating a request for funding of an eligible infrastructure project, the commission shall encourage the use of a technology that allows a vehicle to replace with electric power, while the vehicle is parked, the power normally supplied by the vehicle's internal combustion engine at the state's ports and border crossings in affected areas.
Monday, May 21, 2007 SENATE JOURNAL 2501
SECTIONi2.07.iiSection 386.117, Health and Safety Code, is amended by amending Subsections (a) and (c) and adding Subsections (e) and (f) to read as follows:
(a)iiThe commission shall adopt a process for awarding grants under this subchapter in the form of rebates to streamline the grant application, contracting, reimbursement, and reporting processes for certain projects. The process adopted under this section must:
(1)iidesignate certain types of projects, such as repowers, replacements, and retrofits, as eligible for rebates;
(2)iiproject standardized oxides of nitrogen emissions reductions for each designated project type;
(3)iiassign a standardized rebate amount for each designated project type;
(4)iiprocess and fund [allow for processing] rebates on an ongoing
first-come, first-served basis; [and]
(5)iiset aside funds for projects with non-road engines used in construction or related activities;
(6)iiencourage projects with non-road engines used in construction or related activities by ensuring that the percentage of rebate grant funding for those projects is commensurate with the percentage of emissions sources in the mobile inventory in the state implementation plan or early action compact, as applicable, that are non-road engines used in construction or related activities; and
(7)iiconsolidate, simplify, and reduce the administrative work for applicants and the commission associated with grant application, contracting, reimbursement, and reporting processes for designated project types.
(c)iiThe commission may award rebate grants [as a pilot project] for a specific
region or may award the grants statewide.
(e)iiThe commission shall:
(1)iiinvestigate the requirements for establishing an Internet-based application process for rebate grants and report those requirements to the legislature not later than December 31, 2007; or
(2)iiimplement an Internet-based application process for rebate grants not later than June 1, 2008.
(f)iiThe commission or its designee shall notify potential applicants of any changes to the rebate grant process by its e-mail list service and posting those changes on its Internet website at least 30 days before the changes become effective.
SECTIONi2.08.iiSubsection (b), Section 386.251, Health and Safety Code, is amended to read as follows:
(b)iiThe fund is administered by the commission [comptroller] for the benefit of
the plan established under this chapter. The fund is exempt from the application of
Section 403.095, Government Code. Interest earned on the fund shall be credited to
the fund.
SECTIONi2.09.iiSubsection (a), Section 386.252, Health and Safety Code, as amended by Section 3, Chapter 766, Section 3, Chapter 1095, and Section 11, Chapter 1125, Acts of the 79th Legislature, Regular Session, 2005, is reenacted and amended to read as follows:
2502 80th Legislature — Regular Session 65th Day (Cont.)
(a)iiMoney in the fund may be used only to implement and administer programs established under the plan and shall be allocated as follows:
(1)iifor the diesel emissions reduction incentive program, 87.5 percent of the money in the fund, of which not more than four percent may be used for the clean school bus program and not more than 10 percent may be used for on-road diesel purchase or lease incentives;
(2)iifor the new technology research and development program, 9.5 percent
of the money in the fund, of which up to $250,000 is allocated for administration, up
to $200,000 is allocated for a health effects study, $500,000 is to be deposited in the
state treasury to the credit of the clean air account created under Section 382.0622 to
supplement funding for air quality planning activities in affected counties, not less
than 20 percent is to be allocated each year to support research related to air quality
for the Houston-Galveston-Brazoria and Dallas-Fort Worth nonattainment areas by a
nonprofit organization based in Houston of which $216,000 each year shall be
contracted to the Energy Systems Laboratory at the Texas Engineering Experiment
Station for the development and annual calculation of creditable statewide emissions
reductions obtained through wind and other renewable energy resources for the State
Implementation Plan, and the balance is to be allocated each year to a [that] nonprofit
organization or an institution of higher education based in Houston to be used to
implement and administer the new technology research and development program
under a contract with the commission for the purpose of identifying, testing, and
evaluating new emissions-reducing technologies with potential for commercialization
in this state and to facilitate their certification or verification; and
(3)iifor administrative costs incurred by the commission and the laboratory, three percent of the money in the fund.
SECTIONi2.10.iiSection 387.003, Health and Safety Code, is amended by amending Subsection (a) and adding Subsections (c) through (h) to read as follows:
(a)iiA [The] nonprofit organization or institution of higher education described
by Section 386.252(a)(2), under a contract with the commission as described by that
section, shall establish and administer a new technology research and development
program as provided by this chapter. The commission may contract with more than
one entity and may limit the amount of each grant contract accordingly.
(c)iiThe board of directors of a nonprofit organization under contract with the commission to establish and administer a new technology research and development program as provided by this chapter must include not more than three county judges selected from counties in the Houston-Galveston-Brazoria nonattainment area and two persons of relevant scientific expertise to be nominated by the commission. The two persons of relevant scientific expertise to be nominated by the commission may be employees or officers of the commission, provided that they do not participate in funding decisions affecting the granting of funds by the commission to a nonprofit organization on whose board they serve.
(d)iiThe commission may enter into a grant contract with an institution of higher education described by Section 386.252(a)(2) for the institution to operate a testing facility which would be available for demonstration of eligible projects receiving grants under this chapter.
Monday, May 21, 2007 SENATE JOURNAL 2503
(e)iiThe commission shall provide oversight as appropriate for grants provided to a nonprofit organization under this program.
(f)iiA nonprofit organization shall submit to the commission for approval a budget for the disposition of funds granted under this program.
(g)iiThe commission shall limit the use of grants for administrative costs incurred by a nonprofit organization to an amount not to exceed 10 percent of the funding provided to the nonprofit organization under this program.
(h)iiA nonprofit organization that receives grants from the commission under this program is subject to Chapters 551 and 552, Government Code.
SECTIONi2.11.iiSection 387.004, Health and Safety Code, is amended to read as follows:
Sec.i387.004.iiSOLICITATION OF NEW TECHNOLOGY PROPOSALS.iiThe commission from time to time shall issue or contract with a nonprofit organization described by Section 386.252(a)(2) to issue specific requests for proposals (RFPs) or program opportunity notices (PONs) for technology projects to be funded under the program.
SECTIONi2.12.iiSection 387.005, Health and Safety Code, is amended to read as follows:
Sec.i387.005.iiELIGIBLE PROJECTS; PRIORITIES. (a)iiGrants awarded under this chapter shall be directed toward a balanced mix of:
(1)iiretrofit and add-on technologies and other advanced technologies that
[to] reduce emissions from the existing stock of engines and vehicles targeted by the
Texas emissions reduction plan;
(2)iithe establishment of a testing facility to evaluate retrofits, add-ons, advanced technologies, and fuels, or combinations of retrofits, add-ons, advanced technologies, and fuels, to determine their effectiveness in producing emissions reductions, with emphasis on the reduction of oxides of nitrogen; and
(3)iiadvanced technologies for new engines and vehicles that produce
very-low or zero emissions of oxides of nitrogen, including stationary and mobile fuel
cells[;
[(3)iistudies to improve air quality assessment and modeling; and
[(4)iiadvanced technologies that reduce emissions from other significant
sources].
(b)iiThe commission, directly or through a nonprofit organization described by Section 386.252(a)(2), shall identify and evaluate and may consider making grants for technology projects that would allow qualifying fuels to be produced from energy resources in this state. In considering projects under this subsection, the commission shall give preference to projects involving otherwise unusable energy resources in this state and producing qualifying fuels at prices lower than otherwise available and low enough to make the projects to be funded under the program economically attractive to local businesses in the area for which the project is proposed.
(c)iiIn soliciting proposals under Section 387.004 and determining how to allocate grant money available for projects under this chapter, the commission shall give special consideration to advanced technologies and retrofit or add-on projects that provide multiple benefits by reducing emissions of particulates and other air pollutants.
2504 80th Legislature — Regular Session 65th Day (Cont.)
(d)iiA project that involves publicly or privately owned vehicles or vessels is eligible for funding under this chapter if the project meets all applicable criteria.
(e)ii[Studies authorized under Subsection (a)(3) shall be consistent with air
quality research priorities identified by the commission and conducted in an
independent and objective manner.
[(f)]iiIf a commissioner is an employee or owner of an entity that applies for a
grant under this chapter, the commissioner, before a vote on the grant, shall disclose
the fact of the commissioner's employment or ownership. The disclosure must be
entered into the minutes of the meeting. The commissioner may not vote on or
otherwise participate in the awarding of the grant. If the commissioner does not
comply with this subsection, the entity is not eligible for the grant.
(f)iiSelection of grant recipients by a nonprofit organization described by Section 386.252(a)(2) under contract with the commission for the purpose of establishing and administering a new technology research and development program as provided by this chapter is subject to the commission's review and to the other requirements of this chapter. A grant contract under this chapter using funds described by Section 386.252 may not be made by a nonprofit organization if the commission or executive director of the commission does not consent to the grant or contract.
SECTIONi2.13.iiSubsection (d), Section 151.0515, Tax Code, is amended to read as follows:
(d)iiThis section expires August 31, 2013 [September 30, 2010].
SECTIONi2.14.iiSubsection (c), Section 152.0215, Tax Code, is amended to read as follows:
(c)iiThis section expires August 31, 2013 [September 30, 2010].
SECTIONi2.15.iiSubsections (a), (b), and (b-1), Section 501.138, Transportation Code, are amended to read as follows:
(a)iiAn applicant for a certificate of title, other than the state or a political subdivision of the state, must pay the county assessor-collector a fee of:
(1)ii$33 if the applicant's residence is a county located within a nonattainment area as defined under Section 107(d) of the federal Clean Air Act (42 U.S.C. Section 7407), as amended, or is an affected county, as defined by Section 386.001, Health and Safety Code; or
(2)ii$28 if the applicant's residence is any other county[; or
[(3)iion or after September 1, 2010, $28 regardless of the county in which
the applicant resides].
(b)iiThe county assessor-collector shall send:
(1)ii$5 of the fee to the county treasurer for deposit in the officers' salary fund;
(2)ii$8 of the fee to the department:
(A)iitogether with the application within the time prescribed by Section 501.023; or
(B)iiif the fee is deposited in an interest-bearing account or certificate in the county depository or invested in an investment authorized by Subchapter A, Chapter 2256, Government Code, not later than the 35th day after the date on which the fee is received; and
Monday, May 21, 2007 SENATE JOURNAL 2505
(3)iithe following amount to the comptroller at the time and in the manner prescribed by the comptroller:
(A)ii$20 of the fee if the applicant's residence is a county located within a nonattainment area as defined under Section 107(d) of the federal Clean Air Act (42 U.S.C. Section 7407), as amended, or is an affected county, as defined by Section 386.001, Health and Safety Code; or
(B)ii$15 of the fee if the applicant's residence is any other county[; or
[(C)iion or after September 1, 2010, $15 regardless of the county in
which the applicant resides].
(b-1)iiFees collected under Subsection (b) to be sent to the comptroller shall be deposited as follows:
(1)iibefore September 1, 2008, to the credit of the Texas emissions reduction
plan fund; [and]
(2)iion or after September 1, 2008, and before September 1, 2010, to the credit of the Texas Mobility Fund, except that $5 of each fee imposed under Subsection (a)(1) and deposited on or after September 1, 2008, and before Septemberi1, 2010, shall be deposited to the credit of the Texas emissions reduction plan fund; and
(3)iion or after September 1, 2010, to the credit of the Texas emissions reduction plan fund.
SECTIONi2.16.iiSubsection (c), Section 502.1675, Transportation Code, is amended to read as follows:
(c)iiThis section expires August 31, 2013 [2010].
SECTIONi2.17.iiSubsection (c), Section 548.5055, Transportation Code, is amended to read as follows:
(c)iiThis section expires August 31, 2013 [2010].
SECTIONi2.18.iiSection 12, Chapter 1125, Acts of the 79th Legislature, Regular Session, 2005, amending Subsection (a), Section 386.252, Health and Safety Code, is repealed.
ARTICLE 3.iiENERGY EFFICIENCY
SECTIONi3.01.iiSection 388.003, Health and Safety Code, is amended by adding Subsections (b-1) and (b-2) to read as follows:
(b-1)iiIf the State Energy Conservation Office determines, based on written recommendations from the laboratory, that the latest published edition of the International Residential Code energy efficiency provisions or the latest published edition of the International Energy Conservation Code will result in residential or commercial energy efficiency and air quality that is equivalent to or better than the commercial energy efficiency and air quality achievable under the editions adopted under Subsection (a) or (b), the office may by rule adopt the equivalent or more stringent editions and substitute them for the initial editions described by Subsection (a) or (b). The rule, if adopted, shall establish an effective date for the new editions but not earlier than nine months after the date of adoption. The laboratory shall make its recommendations not later than six months after publication of new editions at the end of each three-year code development cycle of the International Residential Code and the International Energy Conservation Code.
2506 80th Legislature — Regular Session 65th Day (Cont.)
(b-2)iiThe State Energy Conservation Office shall by rule establish a procedure for persons who have an interest in the adoption of energy efficiency codes under Subsection (b-1), including commercial and residential builders, architects and engineers, county and other local government authorities, and environmental groups, to have an opportunity to comment on the codes under consideration and to have the commentary considered by the laboratory in developing its recommendations.
SECTIONi3.02.iiSection 388.005, Health and Safety Code, is amended to read as follows:
Sec.i388.005.iiENERGY EFFICIENCY PROGRAMS IN INSTITUTIONS OF HIGHER EDUCATION, STATE AGENCIES, AND CERTAIN POLITICAL SUBDIVISIONS. (a)iiIn this section:
(1)ii"Institution of higher education" includes an institution of higher education as defined by Section 61.003, Education Code, and a private institution of higher education that receives funding from the state.
(2)ii"Political[, "political] subdivision" means:
(A)i[(1)]iian affected county; or
(B)i[(2)]iiany political subdivision in a nonattainment area or in an
affected county other than:
(i) [(A)]iia school district; or
(ii) [(B)]iia district as defined by Section 36.001 or 49.001, Water
Code, that had a total annual electricity expense of less than $200,000 in the previous
fiscal year of the district.
(3)ii"State agency" means a department, commission, board, office, council, or other agency in the executive branch of government that is created by the constitution or a statute of this state and has authority not limited to a geographical portion of the state.
(b)iiEach political subdivision, institution of higher education, or state agency
shall implement all energy efficiency measures that meet the standards established for
a contract for energy conservation measures under Section 302.004(b), Local
Government Code, in order to reduce electricity consumption by the existing facilities
of the entity [the political subdivision].
(c)iiEach political subdivision, institution of higher education, or state agency
shall establish a goal to reduce the electric consumption by the entity [political
subdivision] by five percent each year for six [five] years, beginning September 1,
2007 [January 1, 2002].
(d)iiA political subdivision, institution of higher education, or state agency that
does not attain the goals under Subsection (c) must include in the report required by
Subsection (e) justification that the entity [political subdivision] has already
implemented all available measures. An entity that submits a report under this
subsection indicating it has already implemented all available measures is exempt
from the annual reporting requirement of Subsection (e) if a subsequent report would
indicate no change in status. An entity may be required to provide notice that it is
exempt to the State Energy Conservation Office.
(e)iiA political subdivision, institution of higher education, or state agency
annually shall report to the State Energy Conservation Office, on forms provided by
that office, regarding the entity's [political subdivision's] efforts and progress under
Monday, May 21, 2007 SENATE JOURNAL 2507
SECTIONi3.03.iiSubsection (b), Section 44.901, Education Code, is amended to read as follows:
(b)iiThe board of trustees of a school district shall establish a goal to reduce the annual electric consumption by five percent each year for six years, beginning September 1, 2007. The board of trustees of a school district may enter into an energy savings performance contract in accordance with this section.
SECTIONi3.04.iiSubsection (d), Section 2155.068, Government Code, is amended to read as follows:
(d)iiAs part of the standards and specifications program, the commission shall review contracts for opportunities to recycle waste produced at state buildings, shall develop and update a list of equipment and appliances that meet the energy efficiency standards of Section 2158.301, and shall assist state agencies in selecting products under that section as appropriate.
SECTIONi3.05.iiChapter 2158, Government Code, is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. ENERGY AND EFFICIENCY STANDARDS
FOR EQUIPMENT AND APPLIANCES
Sec.i2158.301.iiENERGY CONSERVATION. If available and cost effective, the commission or another state agency shall purchase equipment and appliances for state use that meet or exceed the federal Energy Star standards designated by the United States Environmental Protection Agency and the United States Department of Energy.
SECTIONi3.06.ii(a)iiThe State Energy Conservation Office shall adopt rules implementing a procedure for stakeholder participation as required under Subsection (b-2), Section 388.003, Health and Safety Code, as added by this article, as soon as practicable after the effective date of this Act.
(b)iiThe State Energy Conservation Office shall adopt rules as necessary to implement Subsection (b), Section 44.901, Education Code, as amended by this article, as soon as practicable after the effective date of this Act.
SECTIONi3.07.ii(a)iiThe energy conservation standards for equipment and appliances under Section 2158.301, Government Code, as added by this article, apply to a purchase by a state agency on or after the effective date of this Act.
(b)iiThe Texas Building and Procurement Commission shall develop a list of equipment and appliances under Section 2155.068, Government Code, as amended by this article, as soon as practicable after the effective date of this Act.
ARTICLE 4.iiEFFECTIVE DATE
SECTIONi4.01.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.
2508 80th Legislature — Regular Session 65th Day (Cont.)
Floor Amendment No. 1
Amend CSSB 12 (House committee printing) as follows:
(1) In the recital to SECTION 3.03 of the bill (page 30, lines 15 and 16), strike "Subsection (b), Section 44.901, Education Code, is amended" and substitute "Section 44.901, Education Code, is amended by amending Subsection (b) and adding Subsection (b-1)".
(2) In SECTION 3.03 of the bill (page 30, between lines 21 and 22), insert the following:
(b-1) Not later than January 30 of each year, the board of trustees of a school district shall report to the State Energy Conservation Office:
(1) the electric consumption of the district for the preceding year; and
(2) a description of the district's plan for reducing annual electric consumption as required under Subsection (b).
Floor Amendment No. 3
Amend CSSB 12 in Section 2.15 of the bill by striking amended Subsection (b-1), Section 501.138, Transportation Code (House committee printing, page 26, line 21 through page 27, line 5), and substituting:
(b-1) Fees collected under Subsection (b) to be sent to the comptroller shall be deposited as follows:
(1)iibefore September 1, 2008, to the credit of the Texas emissions reduction plan fund; and
(2)iion or after September 1, 2008, to the credit of the Texas Mobility Fund,
except that $5 of each fee imposed under Subsection (a)(1) and deposited on or after
September 1, 2008, and before September 1, 2015 [2010], shall be deposited to the
credit of the Texas emissions reduction plan fund.
Floor Amendment No. 4
Amend CSSB 12 (House committee printing) by adding the following appropriately numbered SECTIONS to ARTICLE 3 of the bill and renumbering the subsequent SECTIONS of the article accordingly:
SECTIONi____.iiChapter 202, Property Code, is amended by adding Section 202.008 to read as follows:
Sec.i202.008.iiREGULATION OF SOLAR ENERGY DEVICES. (a) In this section, "solar energy device" has the meaning assigned by Section 171.107, Tax Code.
(b)iiExcept as otherwise provided by this section, a property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device.
(c)iiA provision that violates Subsection (b) is void.
(d)iiThis section does not prohibit the inclusion or enforcement of a provision in a dedicatory instrument that prohibits a solar energy device that:
(1)iithreatens the public health or safety;
(2)iiviolates a law;
(3)iiis located on property owned or maintained by the property owners' association;
Monday, May 21, 2007 SENATE JOURNAL 2509
(4)iiis located on property owned in common by the members of the property owners' association;
(5)iiis located in an area on the property owner's property other than:
(A)iion the roof of the home; or
(B)iiin a fenced yard or patio maintained by the property owner; or
(6)iiis mounted on a device that is taller or more visually obtrusive than is necessary for the solar energy device to operate at not less than 90 percent of its rated efficiency.
SECTIONi____.iiSection 202.008, Property Code, as added by this article, applies to a dedicatory instrument without regard to whether the dedicatory instrument takes effect or is renewed before, on, or after the effective date of this Act.
Floor Amendment No. 5
Amend CSSB 12 by adding the following sections, numbered appropriately, and renumbering the sections of the bill accordingly:
SECTIONi____.iiChapter 39, Utilities Code, is amended by adding Section 39.9051 to read as follows:
Sec.i39.9051.iiENERGY EFFICIENCY DEMONSTRATION PROJECTS FOR SOLAR ELECTRIC SYSTEM; GRANT PROGRAM. (a) The commission by rule shall establish grant programs for:
(1)iia demonstration project for installation of solar electric systems for new residential subdivisions;
(2)iia demonstration project for installation of solar electric systems for new or established affordable housing for persons with low incomes; and
(3)iia demonstration project for installation of solar electric systems for not more than three small businesses.
(b)iiTo qualify for a grant under this section, the solar electric system must be a device that:
(1)iigenerates electricity using solar resources;
(2)iihas a generating capacity of not more than 1,000 kilowatts; and
(3)iiis installed with a warranty against breakdown or undue degradation for a period of at least five years.
(c)iiA demonstration project grant program established under this section must provide for full or partial payment of the cost of equipment and installation for the solar electric systems. The commission shall establish for each grant program a competitive bidding process for grant applicants. The commission shall consider the value of funding demonstration projects in different parts of this state, after considering the demographic and geographic diversity of this state.
(d)iiTo qualify for a grant under Subsection (a)(1) the applicant:
(1)iimust be a person whose primary business activity is the building of residential housing developments; and
(2)iimust have installed or must be contractually obligated to install qualifying solar electric systems in each residence constructed in a residential subdivision.
(e)iiTo qualify for a grant under Subsection (a)(2) the applicant must have installed or be contractually obligated to install a qualifying solar electric system for residential real property:
2510 80th Legislature — Regular Session 65th Day (Cont.)
(1)iiappraised in accordance with Section 23.21, Tax Code, as affordable housing property; or
(2)iisubject to a contractual obligation that the property will be appraised in accordance with Section 23.21, Tax Code, as affordable housing property within a reasonable time after the grant is received.
(f)iiTo qualify for a grant under Subsection (a)(3), the applicant must be a small business or owner of a small business that meets qualifications adopted by the commission after consideration of federal Small Business Administration standards for qualification for loans from that administration.
(g)iiThe commission shall issue a report to the governor, lieutenant governor, and speaker of the house of representatives not later than December 1 of each even-numbered year summarizing the status of the grant programs established under Subsection (a). The report must include the amount of money granted to each demonstration project and an evaluation of whether the projects demonstrate the economic and ecologic viability of solar electric system installations.
(h)iiThis section expires December 31, 2010.
SECTIONi____.ii(a) The Public Utility Commission of Texas may apply to a demonstration project grant program established under Section 39.9051, Utilities Code, as added by this Act, any money appropriated to the commission that may be used for that purpose.
(b)iiThe Public Utility Commission of Texas may solicit and accepts gifts, grants, and other donations from any source to carry out the demonstration grant program established under Section 39.9051, Utilities Code, as added by this Act.
(c)iiContingent on the passage and becoming law of S.B. No. 482, Acts of the 80th Legislature, Regular Session, 2007, or similar legislation that enacts a provision that establishes a fee on a retail electric provider related to the number of customers the provider gains in a given period, notwithstanding any law dedicating that fee revenue for a particular purpose, that fee revenue may be appropriated for use by the Public Utility Commission of Texas for a demonstration project grant program under Section 39.914, Utilities Code, as added by this Act.
(c)iiThis section expires December 31, 2010.
SECTION ____. Subchapter Z, Chapter 39, Utilities Code, is amended by adding Section 39.9032 to read as follows:
Sec.i39.9032.iiINTERCONNECTION OF DISTRIBUTED RENEWABLE GENERATION. (a) In this section:
(1)ii"Distributed renewable generation" means electric generation with a capacity of not more than 2,000 kilowatts provided by a renewable energy technology, as defined by Section 39.904, that is installed on a retail electric customer's side of the meter.
(2)ii"Distributed renewable generation owner" means the owner of distributed renewable generation.
(3)ii"Interconnection" means the right of a distributed renewable generation owner to physically connect distributed renewable generation to an electricity distribution system, and the technical requirements, rules, or processes for the connection.
Monday, May 21, 2007 SENATE JOURNAL 2511
(b)iiA transmission and distribution utility or electric utility shall allow interconnection if:
(1)iithe distributed renewable generation to be interconnected has a five-year warranty against breakdown or undue degradation; and
(2)iithe rated capacity of the distributed renewable generation does not exceed the service entrance capacity.
(c)iiA customer may request interconnection by filing an application for interconnection with the transmission and distribution utility or electric utility. Procedures of a transmission and distribution utility or electric utility for the submission and processing of a customer's application for interconnection shall be consistent with rules adopted by the commission regarding interconnection.
(d)iiThe commission by rule shall establish safety, technical, and performance standards for distributed renewable generation that may be interconnected. In adopting the rules, the commission shall consider standards published by the Underwriters Laboratories, the National Electric Code, the National Electric Safety Code, and the Institute of Electrical and Electronics Engineers.
(e)iiA transmission and distribution utility, electric utility, or retail electric provider may not require a distributed renewable generation owner whose distributed renewable generation meets the standards established by rule under Subsection (d) to purchase an amount, type, or classification of liability insurance the distributed renewable generation owner would not have in the absence of the distributed renewable generation.
(f)iiA transmission and distribution utility shall make available to a distributed renewable generation owner for purposes of this section metering required for services provided under this section, including separate meters that measure the load and generator output or a single meter capable of measuring separately in-flow and out-flow at the point of common coupling meter point. The distributed renewable generation owner must pay the differential cost of the metering unless the meters are provided at no additional cost. Except as provided by this section, Section 39.107 applies to metering under this section.
(g)iiA renewable energy credit that is earned by a distributed renewable generation owner through the interconnection of a renewable electric system is the sole property of the distributed renewable generation owner unless the distributed renewable generation owner engages in a transaction to sell or trade the credit under Section 39.904.
(h)iiA transmission and distribution utility, an electric utility or retail electric provider shall provide for net metering and may contract with a distributed renewable generation owner so that:
(1)iisurplus electricity produced by distributed renewable generation is made available for sale to the transmission grid and distribution system; and
(2)iithe net value of that surplus electricity is credited to the distributed renewable generation owner.
(j)iiFor distributed renewable generation owners in areas in which customer choice has been introduced, the distributed renewable generation owner must sell the owner's surplus electricity produced to the retail electric provider that serves the distributed renewable generation owner's load at a value agreed to between the
2512 80th Legislature — Regular Session 65th Day (Cont.)
SECTION ____. Section 39.9032, Utilities Code, as added by this Act, takes effect January 1, 2009.
Floor Amendment No. 6
Amend CSSB 12 (House committee printing) by adding the following appropriately numbered ARTICLE to the bill and renumbering the subsequent ARTICLES accordingly:
ARTICLE ____. CONTROL OF EMISSIONS OF AIR CONTAMINANTS
SECTIONi___.01.iiSection 382.0205, Health and Safety Code, is amended to read as follows:
Sec.i382.0205.iiSPECIAL PROBLEMS RELATED TO AIR CONTAMINANT
EMISSIONS. Consistent with applicable federal law, the commission by rule shall
[may] control air contaminants as necessary to protect against adverse effects related
to:
(1)iiacid deposition;
(2)iistratospheric changes, including depletion of ozone; [and]
(3)iiclimatic changes, including global warming; and
(4)iiair pollution.
SECTIONi___.02.iiSubchapter B, Chapter 382, Health and Safety Code, is amended by adding Sections 382.0206 and 382.0207 to read as follows:
Sec.i382.0206.iiAIR POLLUTANT WATCH LIST. (a) The commission shall establish and maintain an air pollutant watch list. The air pollutant watch list must identify:
(1)iieach air contaminant that the commission determines, on the basis of federal or state ambient air quality standards or effects screening levels for the contaminant, should be included on the air pollutant watch list; and
(2)iieach geographic area of the state for which ambient air quality monitoring data indicates that the individual or cumulative emissions of one or more air contaminants identified by the commission under Subdivision (1) may cause short-term or long-term adverse human health effects or odors in that area.
(b)iiThe commission shall publish notice of and allow public comment on:
(1)iian addition of an air contaminant to or removal of an air contaminant from the air pollutant watch list; or
(2)iian addition of an area to or removal of an area from the air pollutant watch list.
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(c)iiEach year, the commission shall hold a public meeting in each area listed on the air pollutant watch list to provide residents of the area with information regarding:
(1)iithe reasons for the area's inclusion on the air pollutant watch list; and
(2)iicommission actions to reduce the emissions of air contaminants contributing to the area's inclusion on the air pollutant watch list.
(d)iiNot later than December 1 of each year, the commission shall prepare an electronic report regarding the air pollutant watch list and provide the report to the governor, the lieutenant governor, and the speaker of the house of representatives. The report must include:
(1)iithe areas and air contaminants currently listed on the air pollutant watch list;
(2)iithe areas and air contaminants added to or removed from the air pollutant watch list during the preceding fiscal year;
(3)iithe actions taken by the commission during the preceding fiscal year to reduce the ambient air concentration levels of air contaminants included on the air pollutant watch list; and
(4)iiany additional monitoring that is needed in a particular area of the state to determine whether the area should be included on the air pollutant watch list.
(e)iiThe air pollutant watch list and the addition of or removal of a pollutant or area to or from the list are not matters subject to the procedural requirements of Subchapter B, Chapter 2001, Government Code.
Sec.i382.0207.iiPUBLICATION OF AMBIENT AIR QUALITY STANDARDS ON INTERNET WEBSITE. The commission shall promptly publish on its Internet website any ambient air quality data collected by the commission from mobile or stationary ambient air quality monitors.
SECTIONi___.03.iiNot later than December 1, 2008, the Texas Commission on Environmental Quality shall prepare and provide to the governor, the lieutenant governor, and the speaker of the house of representatives the initial report required under Section 382.0206(d), Health and Safety Code, as added by this article.
SECTION ___.04. Notwithstanding any other provision of this Act, the change in law made by this Article to Section 382.0205, Health and Safety Code, takes effect September 1, 2010.
Floor Amendment No. 7
Amend CSSB 12 (House committee printing) in Article 3 of the bill by inserting the following appropriately numbered SECTIONS and renumbering subsequent SECTIONS accordingly:
SECTIONi3.____.iiSubtitle C, Title 5, Health and Safety Code, is amended by adding Chapter 392 to read as follows:
CHAPTER 392. APPLIANCE EFFICIENCY STANDARDS
Sec.i392.001.iiMINIMUM EFFICIENCY STANDARDS FOR CERTAIN APPLIANCES. Not later than September 1, 2008, the comptroller, in consultation with the state energy conservation office, shall adopt rules establishing minimum efficiency standards for each type of new product described by Section 392.002(a). The standards adopted must be the same standards as have been adopted in at least one other state to reduce energy use.
2514 80th Legislature — Regular Session 65th Day (Cont.)
Sec.i392.002.iiAPPLICABILITY; EXEMPTIONS. (a) This chapter applies to the following new products sold, offered for sale, or installed in this state:
(1)iibottle-type water dispensers;
(2)iicommercial hot food holding cabinets;
(3)iicompact audio products;
(4)iiDVD players and recorders;
(5)iimetal halide lamp fixtures;
(6)iiportable electric spas;
(7)iiresidential pool pumps;
(8)iisingle-voltage external AC to DC power supplies; and
(9)iistate-regulated incandescent reflector lamps.
(b)iiThis chapter does not apply to:
(1)iia new product manufactured in this state and sold outside this state;
(2)iia new product manufactured outside this state and sold at wholesale inside this state for final retail sale and installation outside this state; or
(3)iia product installed in a mobile manufactured home at the time of the home's construction.
Sec.i392.003.iiPRODUCT COMPLIANCE. (a) A new product described by Section 392.002(a) may not be sold or offered for sale in this state unless the efficiency of the new product meets or exceeds the applicable efficiency standards prescribed by the rules adopted under this chapter.
(b)iiOn or after the first anniversary of the date the sale or offering for sale of a new product becomes subject to an efficiency standard adopted under this chapter, that product may not be installed for compensation in this state unless the efficiency of the product meets or exceeds the applicable efficiency standards prescribed by the rules adopted under this chapter.
Sec.i392.004.iiPRODUCT CERTIFICATION. (a) Except as provided by Subsection (c), the manufacturer of a new product subject to an efficiency standard adopted under this chapter shall certify in writing to the comptroller that the product is in compliance with that standard. The comptroller shall accept as an alternative certification a product's certification to another state with like standards if that state publishes a database of compliant products.
(b)iiThe comptroller shall adopt rules governing the certification of products under this section and shall coordinate certification by this state with the certification programs of other states and federal agencies with similar standards.
(c)iiSubsection (a) does not apply to a manufacturer of single-voltage external AC to DC power supplies.
Sec.i392.005.iiCOMPLAINTS. The comptroller shall investigate a complaint received concerning a violation of this chapter and shall report the results of the investigation to the attorney general.
Sec.i392.006.iiATTORNEY GENERAL ENFORCEMENT. The attorney general may institute proceedings to enforce this chapter.
Sec.i392.007.iiVIOLATIONS AND PENALTIES. (a) The comptroller shall issue a warning to a person for the person's first violation of this chapter.
(b)iiA person's second and subsequent violations are subject to a civil penalty of not more than $250.
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(c)iiEach violation constitutes a separate violation, and each day that a violation continues constitutes a separate violation.
Sec.i392.008.iiRULES FOR IMPLEMENTATION AND ENFORCEMENT. The comptroller may adopt additional rules necessary to ensure the proper implementation and enforcement of this chapter.
SECTIONi3.____.ii(a) The efficiency standards prescribed by rules adopted under Chapter 392, Health and Safety Code, as added by this article, apply only to the sale or offer of sale of a new product to which that chapter applies that occurs on or after January 1, 2009.
(b)iiNotwithstanding Subsection (a) of this section:
(1)iia new residential pool pump that does not meet the efficiency standards adopted under Chapter 392, Health and Safety Code, as added by this article, may be sold in this state through December 31, 2009; and
(2)iia new single-voltage external AC to DC power supply made available by a manufacturer directly to a consumer or to a service or repair facility after and separate from the original sale of a product requiring the power supply as a service part or spare part is not required to meet the standards adopted under Chapter 392, Health and Safety Code, as added by this article, until January 1, 2013.
Floor Amendment No. 8
Amend CSSB 12 (House committee printing) as follows:
(1)iiStrike SECTION 1.03 of the bill (page 2, lines 2-11) and renumber subsequent SECTIONS accordingly.
(2)iiIn SECTION 2.10 of the bill, in proposed Subsection (c), Section 387.003, Health and Safety Code (page 21, lines 16-19), strike from "must include" through the period at the end of that sentence and substitute the following:
may not have more than 11 members, must include two persons of relevant scientific expertise to be nominated by the commission, and may not include more than four county judges selected from counties in the Houston-Galveston-Brazoria and Dallas-Fort Worth nonattainment areas.
(3)iiIn SECTION 3.01 of the bill, in proposed Subsection (b-1), Section 388.003, Health and Safety Code (page 27, line 24), strike "commercial".
(4)iiIn SECTION 3.01 of the bill, in proposed Subsection (b-1), Section 388.003, Health and Safety Code (page 27, line 27), strike "initial editions" and substitute "energy codes".
(5)iiIn SECTION 3.01 of the bill, in proposed Subsection (b-1), Section 388.003, Health and Safety Code (page 28, line 2), strike "editions" and substitute "energy codes".
(6)iiIn SECTION 3.01 of the bill, in amended Section 388.003, Health and Safety Code, strike proposed Subsection (b-2) (page 28, lines 8-15) and substitute the following:
(b-2) The State Energy Conservation Office by rule shall establish a procedure for persons who have an interest in the adoption of energy codes under Subsection (b-1) to have an opportunity to comment on the codes under consideration and to have the commentary considered by the laboratory in developing its recommendations. The office shall consider persons who have an interest in adoption of those codes to include:
2516 80th Legislature — Regular Session 65th Day (Cont.)
(1)iicommercial and residential builders, architects, and engineers;
(2)iimunicipal, county, and other local government authorities; and
(3)iienvironmental groups.
Floor Amendment No. 2 on Third Reading
Amend CSSB 12 on third reading by adding the following appropriately numbered ARTICLE to the bill and renumbering the subsequent ARTICLES of the bill accordingly:
ARTICLE ____. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY NOTIFICATION REQUIREMENTS
SECTIONi____.01.iiSection 382.0516, Health and Safety Code, is amended to read as follows:
Sec.i382.0516.iiNOTICE TO STATE SENATOR, STATE [AND]
REPRESENTATIVE, AND CERTAIN LOCAL OFFICIALS. (a) On receiving an
application for a construction permit or an amendment to a construction permit, a
special permit, or an operating permit for a facility that may emit air contaminants, the
commission shall send notice of the application to the state senator and representative
who represent the area in which the facility is or will be located.
(b)iiIn addition to the notice required by Subsection (a), for an application that relates to an existing or proposed concrete batch plant, on receiving an application for a construction permit, an amendment to a construction permit, an operating permit, or an authorization to use a standard permit, the commission shall send notice of the application:
(1)iito the county judge of the county in which the facility is or will be located; and
(2)iiif the facility is or will be located in a municipality or the extraterritorial jurisdiction of a municipality, to the presiding officer of the municipality's governing body.
SECTIONi____.02.iiThe notice provisions under Section 382.0516, Health and Safety Code, as amended by this article, apply only to an application for a permit that is submitted to the Texas Commission on Environmental Quality on or after the effective date of this article.
SECTIONi____.03.iiThis article takes effect September 1, 2007.
Floor Amendment No. 3 on Third Reading
Amend CSSB 12 on third reading by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTIONi____.iiSection 7.0025, Water Code, is amended by adding Subsections (e) and (f) to read as follows:
(e)iiIf the commission determines that there are multiple violations based on information it receives from a private individual, only those violations that require initiation of formal enforcement may be included in any proposed enforcement action.
(f)iiThe commission may not include in an enforcement action initiated on information received under this section:
(1)iia violation that is not a repeat violation resulting from the same root cause in two consecutive investigations in the most recent five-year period; or
Monday, May 21, 2007 SENATE JOURNAL 2517
(2)iia violation that has been corrected in the time specified by the commission or for which the facility has not had the time specified by the commission to correct the violation.
Floor Amendment No. 4 on Third Reading
Amend CSSB 12 on third reading by adding the following appropriately numbered SECTION to the bill, and renumbering subsequent SECTIONS accordingly:
SECTIONi____.iiSections 382.0191(b), (c), and (d), Health and Safety Code, are amended to read as follows:
(b)iiThe commission may not prohibit or limit the idling of a motor vehicle when idling is necessary to power a heater or air conditioner while a driver is using the vehicle's sleeper berth for a government-mandated rest period. Idling is not necessary to power a heater or air conditioner if the vehicle is within two miles of a facility offering external heating and air conditioning connections at a time when those connections are available.
(c)iiNo driver using the vehicle's sleeper berth may idle the vehicle in a residential area as defined by Section 244.001, Local Government Code, or in a school zone or within 1,000 feet of a hospital or a public school during its hours of operation. An offense under this subsection shall be punishable by a fine not to exceed $500.
(d)iiThis section expires September 1, 2009 [2007].
Floor Amendment No. 5 on Third Reading
Amend CSSB 12 on third reading, Section 2.06, as follows:
(1) On page 17, line 2, following "combustion engine" insert the following:
and;
(4) transportation congestion mitigation projects.
(2) On page 16, line 25, strike "and".
Floor Amendment No. 6 on Third Reading
Amend CSSB 12 on third reading (House committee printing) by adding the following appropriately numbered SECTION to ARTICLE 3 of the bill and renumbering the subsequent SECTIONS of the article accordingly:
SECTION ____. Chapter 39.905(f) of the Utilities Code is reenacted in its entirety and the following sentences shall be added: Funding levels for low-income energy efficiency services as determined by the commission shall be implemented with oversight by the Texas Department of Housing and Community Affairs. The Department shall designate a statewide association of community action agencies to directly receive those funds and shall ensure the timely implementation of weatherization assistance contracts through local provider agencies.
Floor Amendment No. 7 on Third Reading
Amend CSSB 12 on third reading (House committee printing) by adding the following appropriately numbered article and renumbering subsequent articles accordingly:
2518 80th Legislature — Regular Session 65th Day (Cont.)
ARTICLE ____. CONSIDERATION OF CERTAIN CUMULATIVE EFFECTS
SECTION ____.01. Section 382.0518, Health and Safety Code, is amended by adding Subsection (b-1) to read as follows:
(b-1) In making its finding under Subsection (b)(2) as to whether emissions from the facility will contravene the intent of this chapter, the commission shall consider the cumulative effects on the public's health and physical property of expected air contaminant emissions from the facility or proposed facility and from other facilities located less than three miles from the facility or proposed facility.
SECTION ____.02. Section 382.055(d), Health and Safety Code, is amended to read as follows:
(d)iiIn determining whether and under which conditions a preconstruction permit should be renewed, the commission shall consider, at a minimum:
(1)iithe performance of the owner or operator of the facility according to the
method developed by the commission under Section 5.754, Water Code; [and]
(2)iithe condition and effectiveness of existing emission control equipment and practices; and
(3)iithe cumulative effects on the public's health and physical property of expected air contaminant emissions from the facility and from other facilities located less than three miles from the facility.
SECTION ____.03. The changes in law made by this article apply only to the issuance or renewal of a permit the application for which is filed with the Texas Commission on Environmental Quality on or after the effective date of this article. The issuance or renewal of a permit the application for which is filed with the Texas Commission on Environmental Quality before the effective date of this article is governed by the law in effect when the application is filed, and the former law is continued in effect for that purpose.
SECTION ____.04. Notwithstanding any other provision of this Act, this article takes effect September 1, 2007.
Floor Amendment No. 8 on Third Reading
Amend CSSB 12 on third reading as follows:
1) Strike all references to "Sec. 39.9032" in Subchapter Z, Chapter 39, Utilities Code and replace with "Sec. 39.911";
2) In 39.911(b)(2), by striking Subsection (b)(2) as drafted and inserting the following: "(2) the rated capacity of the distributed renewable generation does not exceed the transmission and distribution utility or electric utility service capacity."
3) In Sec. 39.911 by striking subsection (f) and inserting a new subsection (f) to read as follows: "(f) A transmission and distribution utility or electric utility shall make available to a distributed renewable generation owner for purposes of this section metering required for services provided under this section, including separate meters that measure the load and generator output or a single meter capable of measuring in-flow and out-flow at the point of common coupling meter point. The distributed renewable generation owner must pay the differential cost of the metering unless the meters are provided at no additional cost. Except as provided by this section, Section 39.107 applies to metering under this section."
Monday, May 21, 2007 SENATE JOURNAL 2519
4) In 39.911, Subsection (g) after the period following "39.904." by inserting the following: "For electric utilities, the commission shall address the ownership of renewable energy credits associated with power sold to the utility."
5) By striking 39.911 Subsection (h) and inserting a new Subsection (h) to read as follows: "(h) An electric utility or retail electric provider may contract with a distributed renewable generation owner so that:
(1) surplus electricity produced by distributed renewable generation is made available for sale to the transmission grid and distribution system; and
(2) the net value of that surplus electricity is credited to the distributed renewable generation owner."
6) By striking 39.911, Subsection (j) and inserting a new subsection (i) to read as follows: "(i) For distributed renewable generation owners in areas in which customer choice has been introduced, the distributed renewable generation owner must sell the owner's surplus electricity produced to the retail electric provider that serves the distributed renewable generation owner and the provider that serves the owner's load which may include, but is not limited to, an agreed value based on the clearing price of energy at the time of day that the electricity is made available to the grid or it may be a credit applied to an account during a billing period that may be carried over to subsequent billing periods until the credit has been redeemed. The independent organization identified in Section 39.151 shall develop procedures so that the amount of electricity purchased from a distributed renewable generation owner under this section is accounted for in settling the total load served by the provider that serves that owner's load by January 1, 2009. A distributed renewable generation owner requesting net metering services for purposes of this section must have metering devices capable of providing measurements consistent with the independent organizations's settlement requirements."
Floor Amendment No. 9 on Third Reading
Amend CSSB 12 on third reading (House committee printing) by inserting the following appropriately numbered article and renumbering subsequent articles accordingly:
ARTICLE ____. CLEAN AIR ACT
SECTION ____.01. Subchapter B, Chapter 382, Health and Safety Code, is amended by adding Section 382.0203 to read as follows:
Sec. 382.0203. REGULATION OF TOXIC POLLUTION. (a) Not later than December 31, 2009, the commission shall adopt, as necessary for the protection of public health, ambient air quality standards for toxic air contaminants, including:
(1) benzene;
(2) 1,3 butadiene;
(3) ethylene dichloride;
(4) formaldehyde; and
(5) nickel.
(b) In developing standards for a contaminant under Subsection (a), the commission shall ensure that the allowed average concentration level of the contaminant does not result in an increased risk of cancer greater than one chance in one million for a person exposed to the contaminant over a specified period determined by commission rule.
2520 80th Legislature — Regular Session 65th Day (Cont.)
(c) Standards adopted under Subsection (a) apply to permits issued before, on, or after the date the standards are adopted.
Floor Amendment No. 10 on Third Reading
Amend CSSB 12 on third reading by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS accordingly:
SECTION ____. Section 501.138(b-3), Transportation Code, is amended to read as follows:
(b-3)iiThis subsection and Subsection (b-2) expire September 1, 2015 [2010].
The amendments were read.
Senator Averitt moved that the Senate do not concur in the House amendments, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on SBi12 before appointment.
There were no motions offered.
The Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Averitt, Chair; Brimer, Watson, Duncan, and Eltife.
SENATE BILL 1670 WITH HOUSE AMENDMENT
Senator Averitt called SBi1670 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer, Senator Brimer in Chair, laid the bill and the House amendment before the Senate.
Amendment
Amend SBi1670 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to certificates of compliance issued by the Railroad Commission of Texas to owners or operators of certain wells subject to the jurisdiction of the commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter E, Chapter 85, Natural Resources Code, is redesignated as Subchapter P, Chapter 91, Natural Resources Code, and amended to read as follows:
SUBCHAPTER P [E]. CERTIFICATE OF COMPLIANCE
Sec.i91.701i[85.161].iiWELL OWNERS AND OPERATORS CERTIFICATES.
The owner or operator of any well subject to the jurisdiction of the commission under
this title, Section 26.131, Water Code, or Subchapter C, Chapter 27, Water Code, shall
secure from the commission a certificate showing compliance with that title, section,
or subchapter, as applicable, rules adopted and orders issued under that title, section,
or subchapter, as applicable, and any license, permit, or certificate issued to the owner
or operator under that title, section, or subchapter, as applicable [the oil or gas
conservation laws of the state and conservation rules and orders of the commission].
Monday, May 21, 2007 SENATE JOURNAL 2521
Sec.i91.702i[85.162].iiPROHIBITED CONNECTION. No operator of a pipeline
or other carrier shall connect with any [oil or gas] well subject to the jurisdiction of
the commission under this title, Section 26.131, Water Code, or Subchapter C,
Chapter 27, Water Code, until the owner or operator of the well furnishes a certificate
from the commission that the owner or operator has complied with that title, section,
or subchapter, as applicable, rules adopted and orders issued under that title, section,
or subchapter, as applicable, and any license, permit, or certificate issued to the owner
or operator under that title, section, or subchapter, as applicable [the conservation laws
of this state and the rules and orders of the commission].
Sec.i91.703i[85.163].iiTEMPORARY CONNECTION. The provisions of this
subchapter do not prevent a temporary connection with a well in order to take care of
production and prevent waste until opportunity shall have been given the owner or
operator of the well to secure the certificate.
Sec.i91.704i[85.164].iiCANCELLATION OF CERTIFICATE. The commission
may cancel any certificate of compliance issued under the provisions of this
subchapter if it appears that the owner or operator of a well covered by the provisions
of the certificate, in the operation of the well or the production of oil or gas from the
well, has violated or is violating this title, Section 26.131, Water Code, or Subchapter
C, Chapter 27, Water Code, a rule adopted or order issued under that title, section, or
subchapter, as applicable, or a license, permit, or certificate issued to the owner or
operator under that title, section, or subchapter, as applicable [the oil and gas
conservation laws of this state or rules or orders of the commission adopted under
those laws]. Before canceling a certificate of compliance, the commission shall give
notice to the owner or operator by personal service or by registered or certified mail of
the facts or conduct alleged to warrant the cancellation and shall give the owner or
operator an opportunity to show compliance with all requirements of law for retention
of the certificate as required by Section 2001.054, Government Code.
Sec.i91.705i[85.165].iiEFFECT OF CANCELLATION ON OPERATOR OF
PIPELINE OR OTHER CARRIER. (a)iiOn notice from the commission to the
operator of a pipeline or other carrier connected to a [an oil or gas] well that the
certificate of compliance pertaining to that well has been cancelled, the operator of the
pipeline or other carrier shall disconnect from the well.
(b)iiIt shall be unlawful for the operator of a pipeline or other carrier to reconnect
to [transport oil from] the well until a new certificate of compliance has been issued
by the commission.
Sec.i91.706i[85.166].iiEFFECT OF CANCELLATION ON OWNER OR
OPERATOR OF WELL. (a)iiOn notice from the commission that a certificate of
compliance for a [an oil or gas] well has been cancelled, it shall be unlawful for the
owner or operator of the well to use [produce oil or gas from] the well for production,
injection, or disposal until a new certificate of compliance covering the well has been
issued by the commission.
(b)iiIf an operator uses or reports use of a well for production, injection, or disposal for which the operator's certificate of compliance has been cancelled, the commission may refuse to renew the operator's organization report required by Section 91.142 until the operator pays the fee required by Section 91.707 and the commission issues the certificate of compliance required for that well.
2522 80th Legislature — Regular Session 65th Day (Cont.)
Sec.i91.707i[85.167].iiFEE FOR REISSUED CERTIFICATE. (a) If a certificate
of compliance for a [an oil lease or gas] well has been canceled for [violation of] one
or more violations of provisions of this title, Section 26.131, Water Code, or
Subchapter C, Chapter 27, Water Code, rules adopted or orders issued under that title,
section, or subchapter, as applicable, or licenses, permits, or certificates issued to the
owner or operator of the well under that title, section, or subchapter, as applicable
[commission rules], the commission may not issue a new certificate of compliance
until the owner or operator submits to the commission a nonrefundable fee of $300 for
each severance or seal order issued for the [lease or] well.
(b)iiFees collected under this section shall be deposited to the oil-field cleanup fund.
SECTIONi2.iiSubsection (a), Section 85.3855, Natural Resources Code, is amended to read as follows:
(a)iiThe commission may impose an administrative penalty on a person who:
(1)iiviolates Section 91.705 [85.165] or 91.706 [85.166] or a rule or order
adopted under Section 91.705 [85.165] or 91.706 [85.166]; or
(2)iiknowingly destroys, breaks, removes, or otherwise tampers with, or attempts to destroy, break, remove, or otherwise tamper with, a cap, seal, or other device placed by the commission on an oil well, gas well, oil and gas well, or other associated oil or gas gathering equipment.
SECTIONi3.iiSection 86.004, Natural Resources Code, is amended to read as follows:
Sec.i86.004.iiAPPLICABILITY. The provisions in this chapter do not impair the
authority of the commission to prevent waste under the oil and gas conservation laws
of this state and do not repeal, modify, or impair any of the provisions relating to oil
and gas conservation in Sections 85.002, 85.041 through 85.055, 85.056 through
85.064, 85.125, 85.201 through 85.207, 85.241 through 85.243, 85.249 through
85.252, and 85.381 through 85.385, Subchapter [of this code and Subchapters E and]
J of Chapter 85, and Subchapter P of Chapter 91 [of this code].
SECTIONi4.iiSubsection (c), Section 91.111, Natural Resources Code, is amended to read as follows:
(c)iiThe fund consists of:
(1)iipenalties imposed under Section 85.381 for violation of a law, order, or rule relating to well plugging requirements;
(2)iiproceeds from bonds and other financial security required by this chapter and benefits under well-specific plugging insurance policies described by Section 91.104(c) that are paid to the state as contingent beneficiary of the policies, subject to the refund provisions of Section 91.1091, if applicable;
(3)iiprivate contributions, including contributions made under Section 89.084;
(4)iiexpenses collected under Section 89.083;
(5)iifees imposed under Section 85.2021;
(6)iicivil penalties collected for violations of Chapter 89 or of rules or orders relating to plugging that are adopted under this code;
(7)iiproceeds collected under Sections 89.085 and 91.115;
(8)iiinterest earned on the funds deposited in the fund;
Monday, May 21, 2007 SENATE JOURNAL 2523
(9)iicivil penalties or costs recovered under Section 91.457 or 91.459;
(10)iioil and gas waste hauler permit application fees collected under Section 29.015, Water Code;
(11)iicosts recovered under Section 91.113(f);
(12)iihazardous oil and gas waste generation fees collected under Section 91.605;
(13)iioil-field cleanup regulatory fees on oil collected under Section 81.116;
(14)iioil-field cleanup regulatory fees on gas collected under Section 81.117;
(15)iifees for a reissued certificate collected under Section 91.707 [85.167];
(16)iifees collected under Section 91.1013;
(17)iifees collected under Section 89.088;
(18)iipenalties collected under Section 81.0531;
(19)iifees collected under Section 91.142;
(20)iifees collected under Section 91.654;
(21)iicosts recovered under Sections 91.656 and 91.657;
(22)iitwo-thirds of the fees collected under Section 81.0521; and
(23)iilegislative appropriations.
SECTIONi5.iiSubsections (a) and (h), Section 91.114, Natural Resources Code, are amended to read as follows:
(a)iiExcept as provided by Subsection (d), the commission may not accept an
organization report required under Section 91.142 or an application for a permit under
this Chapter, Chapter 85, or Chapter 26, 27, or 29, Water Code, or approve a
certificate of compliance under Section 91.701 [85.161] if:
(1)iithe organization that submitted the report, application, or certificate violated a statute or commission rule, order, license, certificate, or permit that relates to safety or the prevention or control of pollution; or
(2)iia person who holds a position of ownership or control in the organization has, within the seven years preceding the date on which the report, application, or certificate is filed, held a position of ownership or control in another organization and during that period of ownership or control the other organization violated a statute or commission rule, order, license, permit, or certificate that relates to safety or the prevention or control of pollution.
(h)iiIf the commission is prohibited by Subsection (a) from accepting an organization's organization report or application or approving the organization's certificate or would be prohibited from doing so by that subsection if the organization submitted a report, application, or certificate, the commission, after notice and opportunity for a hearing, by order may revoke:
(1)iithe organization's organization report filed under Section 91.142;
(2)iia permit issued to the organization under this chapter, Chapter 85, or Chapter 26, 27, or 29, Water Code; or
(3)iiany certificate of compliance approved under Section 91.701 [85.161].
SECTIONi6.iiSubsection (f), Section 91.142, Natural Resources Code, is amended to read as follows:
(f)iiIf an entity described by Subsection (a) [of this section] does not maintain on
file with the commission an organization report and financial security as required by
this chapter:
2524 80th Legislature — Regular Session 65th Day (Cont.)
(1)iithe entity may not perform operations under the jurisdiction of the commission except as necessary to remedy a violation of law or commission rules and as authorized by the commission; and
(2)iithe commission, on written notice, may suspend:
(A)iiany permits held by the entity; or
(B)iiany certificates of compliance approved under Subchapter P
[Chapter 85 of this code].
SECTIONi7.iiSection 101.003, Natural Resources Code, is amended to read as follows:
Sec.i101.003.iiAPPLICABILITY. None of the provisions in this chapter impair
the power of the commission to prevent waste under the oil and gas conservation laws
of the state except as provided in Section 101.004 [of this code] or repeal, modify, or
impair any of the provisions of Sections 85.002 through 85.003, 85.041 through
85.055, 85.056 through 85.064, 85.125, 85.201 through 85.207, 85.241 through
85.243, 85.249 through 85.252, or 85.381 through 85.385, Subchapter [of this code or
Subchapters E and] J of Chapter 85, or Subchapter P of Chapter 91 [of this code],
relating to oil and gas conservation.
SECTIONi8.iiThis Act takes effect September 1, 2007.
The amendment was read.
Senator Averitt moved to concur in the House amendment to SBi1670.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
SENATE BILL 914 WITH HOUSE AMENDMENTS
Senator Shapleigh called SBi914 from the President's table for consideration of the House amendments to the bill.
The Presiding Officer laid the bill and the House amendments before the Senate.
Amendment
Amend SBi914 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to the continuation and functions of the Texas Real Estate Commission and the regulation of real estate brokers, salespersons, inspectors, appraisers, residential service companies, and timeshares; providing administrative penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 1101.006, Occupations Code, is amended to read as follows:
Sec.i1101.006.iiAPPLICATION OF SUNSET ACT.iiThe Texas Real Estate
Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the commission is abolished and
this chapter, [and] Chapter 1102, and Chapter 1303 of this code and Chapter 221,
Property Code, expire September 1, 2019 [2007].
SECTIONi2.iiSubchapter A, Chapter 1101, Occupations Code, is amended by adding Section 1101.007 to read as follows:
Monday, May 21, 2007 SENATE JOURNAL 2525
Sec.i1101.007.iiCOMPLIANCE WITH SUNSET RECOMMENDATIONS. (a) The commission shall:
(1)iicomply with and implement the management action recommendations regarding the commission adopted by the Sunset Advisory Commission on Januaryi10, 2007, as a result of its review of the commission; and
(2)iireport to the Sunset Advisory Commission not later than November 1, 2008, the information the Sunset Advisory Commission requires regarding the commission's implementation of the recommendations under Subdivision (1).
(b)iiThis section expires June 1, 2009.
SECTIONi3.iiSection 1101.053, Occupations Code, is amended to read as follows:
Sec.i1101.053.iiMEMBERSHIP AND EMPLOYEE RESTRICTIONS.ii(a) In
this section, "Texas trade association" means a [nonprofit,] cooperative[,] and
voluntarily joined statewide association of business or professional competitors in this
state designed to assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their common interest.
(b)iiA person may not be a member of the commission and may not be a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:
(1)iithe person is an officer, [A state elected president, president-elect, vice
president, or secretary-treasurer,] employee, or paid consultant of a Texas trade
association in the real estate industry; or
(2)iithe person's spouse [may not be a commission member and may not be
a commission employee who is exempt from the state's position classification plan or
is compensated at or above the amount prescribed by the General Appropriations Act
for step 1, salary group A17, of the position classification salary schedule.
[(c)iiA person who] is [the spouse of] an officer, manager, or paid consultant of a
Texas trade association in the real estate industry [may not be a commission member
and may not be a commission employee who is exempt from the state's position
classification plan or is compensated at or above the amount prescribed by the
General Appropriations Act for step 1, salary group A17, of the position classification
salary schedule].
(c)i[(d)]iiA person may not serve as a commission member or act as the general
counsel to the commission if the person is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities for compensation
on behalf of a profession related to the operation of the commission.
SECTIONi4.iiSections 1101.057(a) and (c), Occupations Code, are amended to read as follows:
(a)iiIt is a ground for removal from the commission that a member:
(1)iidoes not have at the time of appointment the qualifications required by Section 1101.051(a) or (b) or 1101.052;
(2)iidoes not maintain during service on the commission the qualifications required by Section 1101.051(a) or (b) or 1101.052;
2526 80th Legislature — Regular Session 65th Day (Cont.)
(3)iiis ineligible for membership under [violates a prohibition established by]
Section 1101.053;
(4)iicannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5)iiis absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during each calendar year, unless the absence is excused by majority vote of the commission.
(c)iiIf the administrator has knowledge that a potential ground for removal [of a
commission member] exists, the administrator shall notify the presiding officer of the
commission of the potential ground. The presiding officer shall then notify the
governor and the attorney general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the administrator shall
notify the next highest ranking officer of the commission, who shall then notify the
governor and the attorney general that a potential ground for removal exists.
SECTIONi5.iiSubchapter B, Chapter 1101, Occupations Code, is amended by adding Section 1101.059 to read as follows:
Sec.i1101.059.iiTRAINING. (a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.
(b)iiThe training program must provide the person with information regarding:
(1)iithis chapter and other laws regulated by the commission;
(2)iithe programs, functions, rules, and budget of the commission;
(3)iithe results of the most recent formal audit of the commission;
(4)iithe requirements of laws relating to open meetings, public information, administrative procedure, and conflicts of interest; and
(5)iiany applicable ethics policies adopted by the commission or the Texas Ethics Commission.
(c)iiA person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
SECTIONi6.iiSection 1101.101(a), Occupations Code, is amended to read as follows:
(a)iiThe commission shall [may] appoint an administrator.
SECTIONi7.iiSection 1101.102, Occupations Code, is amended to read as follows:
Sec.i1101.102.iiDIVISION OF RESPONSIBILITIES.iiThe commission shall
develop and implement policies that clearly separate the policymaking responsibilities
of the commission and the management responsibilities of the administrator and the
[define the respective responsibilities of the commission and the commission] staff of
the commission.
Monday, May 21, 2007 SENATE JOURNAL 2527
SECTIONi8.iiSection 1101.151(b), Occupations Code, is amended to read as follows:
(b)iiThe commission may:
(1)iiadopt and enforce rules necessary to administer this chapter and Chapter 1102; and
(2)iiestablish standards of conduct and ethics for persons licensed under this chapter and Chapter 1102 to:
(A)iifulfill the purposes of this chapter and Chapter 1102; and
(B)iiensure compliance with this chapter and Chapter 1102[; and
[(3)iiauthorize specific employees to conduct hearings and issue final
decisions in contested cases].
SECTIONi9.iiSections 1101.152(a) and (b), Occupations Code, are amended to read as follows:
(a)iiThe commission shall adopt rules to charge and collect reasonable fees,
including a fee for [the following fees]:
(1)ii[for] filing an original application for a broker license[, not more than
$100];
(2)ii[for] annual renewal of a broker license[, not more than $100];
(3)ii[for] filing an original application for a salesperson license[, not more
than $75];
(4)ii[for] annual renewal of a salesperson license[, not more than $50];
(5)ii[for] annual registration[, $80];
(6)iifiling [for] an application for a license examination[, not more than
$100];
(7)ii[for] filing a request for a branch office license[, not more than $20];
(8)ii[for] filing a request for a change of place of business, change of name,
return to active status, or change of sponsoring broker[, not more than $20];
(9)ii[for] filing a request to replace a lost or destroyed license or certificate of
registration[, not more than $20];
(10)ii[for] filing an application for approval of an education program under
Subchapter G[, not more than $400];
(11)ii[for] annual operation of an education program under Subchapter G[,
not more than $200];
(12)ii[for] filing an application for approval of an instructor of core real
estate courses[, not more than $40];
(13)ii[for] transcript evaluation[, $20];
(14)ii[for] preparing a license or registration history[, not more than $20];
[and]
(15)ii[for] filing an application for a moral character determination; and
(16)iiconducting a criminal background check in connection with the annual
renewal of a license under this chapter [, not more than $50].
(b)iiThe commission shall adopt rules to [may] set and collect reasonable fees to
implement the continuing education requirements for license holders, including a fee
for [the following fees]:
(1)ii[for] an application for approval of a continuing education provider[, not
more than $400];
2528 80th Legislature — Regular Session 65th Day (Cont.)
(2)ii[for] an application for approval of a continuing education course of
study[, not more than $100];
(3)ii[for] an application for approval of an instructor of continuing education
courses[, not more than $40]; and
(4)ii[for] attendance at a program to train instructors of a continuing
education course prescribed under Section 1101.455[, not more than $100].
SECTIONi10.iiSubchapter D, Chapter 1101, Occupations Code, is amended by adding Sections 1101.158, 1101.159, and 1101.160 to read as follows:
Sec.i1101.158.iiADVISORY COMMITTEES.ii(a) The commission may appoint advisory committees to perform the advisory functions assigned to the committees by the commission. An advisory committee under this section is subject to Section 2110, Government Code.
(b)iiA member of an advisory committee who is not a member of the commission may not receive compensation for service on the committee. The member may receive reimbursement for actual and necessary expenses incurred in performing committee functions as provided by Section 2110.004, Government Code.
(c)iiA member of an advisory committee serves at the will of the commission.
(d)iiAn advisory committee may hold a meeting by telephone conference call or other video or broadcast technology.
(e)iiAdvisory committee meetings are subject to Chapter 551, Government Code.
Sec.i1101.159.iiUSE OF TECHNOLOGY. The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions. The policy must ensure that the public is able to interact with the commission on the Internet.
Sec.i1101.160.iiNEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES. (a) The commission shall develop and implement a policy to encourage the use of:
(1)iinegotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of commission 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 commission's jurisdiction.
(b)iiThe commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)iiThe commission shall designate a trained person to:
(1)iicoordinate the implementation of the policy adopted under Subsection (a);
(2)iiserve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)iicollect data concerning the effectiveness of those procedures, as implemented by the commission.
Monday, May 21, 2007 SENATE JOURNAL 2529
SECTIONi11.iiSection 1101.201(a), Occupations Code, is amended to read as follows:
(a)iiThe commission shall prepare information of public interest describing the
functions of the commission [and the procedures by which complaints are filed with
and resolved by the commission].
SECTIONi12.iiSection 1101.203, Occupations Code, is amended to read as follows:
Sec.i1101.203.iiCOMPLAINT INFORMATION.ii(a) The commission shall maintain a system to promptly and efficiently act on complaints filed with the commission. The commission shall maintain a file on each complaint. The file must include:
(1)iiinformation relating to the parties to the complaint;
(2)iithe subject matter of the complaint;
(3)iia summary of the results of the review or investigation of the complaint; and
(4)iithe disposition of the complaint [an information file about each
complaint filed with the commission that the commission has authority to resolve].
(b)iiThe commission shall make information available describing its procedures for complaint investigation and resolution.
(c)iiThe [If a written complaint is filed with the commission that the commission
has authority to resolve, the] commission[, at least quarterly and until final disposition
of the complaint,] shall periodically notify the parties to the complaint of the status of
the complaint until final disposition, unless the notice would jeopardize an undercover
investigation authorized under Section 1101.204.
SECTIONi13.iiSection 1101.204, Occupations Code, is amended by amending Subsection (a) and adding Subsection (h) to read as follows:
(a)iiThe commission or commission staff may file a complaint and conduct an
investigation as necessary to enforce this chapter, Chapter 1102, or a rule adopted
under those chapters[, on its own motion, investigate the actions and records of a
license holder].
(h)iiThe commission shall ensure that the commission gives priority to the investigation of a complaint filed by a consumer and an enforcement case resulting from the consumer complaint. The commission shall assign priorities and investigate complaints using a risk-based approach based on the:
(1)iidegree of potential harm to a consumer;
(2)iipotential for immediate harm to a consumer;
(3)iioverall severity of the allegations in the complaint;
(4)iinumber of license holders potentially involved in the complaint;
(5)iiprevious complaint history of the license holder; and
(6)iinumber of potential violations in the complaint.
SECTIONi14.iiSection 1101.301, Occupations Code, is amended by adding Subsection (c) to read as follows:
2530 80th Legislature — Regular Session 65th Day (Cont.)
(c)iiIn establishing accreditation standards for an educational program under Subsection (a), the commission shall adopt rules that require a program to establish that at least 55 percent of the program's graduates have passed a licensing exam the first time the exam has been taken by the graduates before the commission may renew the program's accreditation.
SECTIONi15.iiSection 1101.303, Occupations Code, is amended to read as follows:
Sec.i1101.303.iiAPPROVAL OF CONTINUING EDUCATION PROVIDER OR COURSE OF STUDY.ii(a) If the commission determines that an applicant for approval as a continuing education provider satisfies the requirements of this subchapter or Section 1102.205 and any rule adopted under this subchapter or Section 1102.205, the commission may authorize the applicant to offer continuing education for a two-year period.
(b)iiIf the commission determines that an applicant for approval of a continuing education course of study satisfies the requirements of this subchapter or Section 1102.205 and any rule adopted under this subchapter or Section 1102.205, the commission may authorize the applicant to offer the course of study for a two-year period.
SECTIONi16.iiSubchapter G, Chapter 1101, Occupations Code, is amended by adding Sections 1101.304 and 1101.305 to read as follows:
Sec.i1101.304.iiEXAMINATION PASSAGE RATE DATA. (a) The commission shall adopt rules regarding the collection and publication of data relating to examination passage rates for graduates of accredited educational programs.
(b)iiRules adopted under this section must provide for a method to:
(1)iicalculate the examination passage rate;
(2)iicollect the relevant data from the examination administrator or the accredited program; and
(3)iipost the examination passage rate data on the commission's Internet website, in a manner aggregated by educational program and by license group.
(c)iiIn determining the educational program a graduate is affiliated with for purposes of this section, the educational program is the program the graduate last attended.
Sec.i1101.305.iiREVIEW COMMITTEE. (a) The commission may appoint a committee to review the performance of an educational program performing below the standards set by the commission under Section 1101.301. The committee shall consist of:
(1)iiat least one commission member;
(2)iiat least one member of the commission staff;
(3)iiindividuals licensed under this chapter or Chapter 1102; and
(4)iia representative from the Texas Real Estate Research Center.
(b)iiA committee formed under this section shall review and evaluate any factor causing an educational program's poor performance and report findings and recommendations to improve performance to the program and to the commission.
(c)iiA committee formed under this section may not revoke the accreditation of an educational program. The commission may temporarily suspend a program in the same manner as a license under Subchapter N.
Monday, May 21, 2007 SENATE JOURNAL 2531
SECTIONi17.iiSection 1101.364(b), Occupations Code, is amended to read as follows:
(b)iiA person whose license application is denied under this section is entitled to
a hearing under Section 1101.657. [Before the applicant may appeal under Section
1101.658, the applicant must file, not later than the 10th day after the date the
applicant receives the notice, an appeal requesting a time and place for a hearing
before the commission. If the applicant fails to request a hearing as provided by this
subsection, the commission's decision becomes final and is not subject to judicial
review.]
SECTIONi18.iiThe heading to Section 1101.451, Occupations Code, is amended to read as follows:
Sec.i1101.451.iiLICENSE EXPIRATION AND RENEWAL.
SECTIONi19.iiSection 1101.451, Occupations Code, is amended by amending Subsection (d) and adding Subsections (e) and (f) to read as follows:
(d)iiExcept as provided by Subsection (e), a [A] renewal fee for a license under
this chapter may not exceed, calculated on an annual basis, the amount of the sum of
the fees established under Sections 1101.152, 1101.154, and 1101.603.
(e)iiA person whose license has been expired for 90 days or less may renew the license by paying to the commission a fee equal to 1-1/2 times the required renewal fee. If a license has been expired for more than 90 days but less than one year, the person may renew the license by paying to the commission a fee equal to two times the required renewal fee.
(f)iiIf a person's license has been expired for one year or longer, the person may not renew the license. The person may obtain a new license by submitting to reexamination and complying with the requirements and procedures for obtaining an original license.
SECTIONi20.iiSection 1101.457(b), Occupations Code, is amended to read as follows:
(b)iiThe commission may require an applicant under this section to:
(1)iipay a [an additional] fee, not to exceed $200, in addition to any fee for
late renewal of a license under this chapter; and
(2)iicomplete the required continuing education not later than the 60th day after the date the license is issued, renewed, or returned to active status.
SECTIONi21.iiSection 1101.657(a), Occupations Code, is amended to read as follows:
(a)iiIf the commission proposes to deny, suspend, or revoke a person's license or
certificate of registration, the person is entitled to a hearing conducted by the State
Office of Administrative Hearings [before the commission or a hearings officer
appointed by the commission].
SECTIONi22.iiSection 1101.658(a), Occupations Code, is amended to read as follows:
(a)iiA person aggrieved by a ruling, order, or decision under this subchapter [of
the commission] is entitled to appeal to a district court in the county in which the
administrative hearing was held.
SECTIONi23.iiSubchapter N, Chapter 1101, Occupations Code, is amended by adding Sections 1101.659, 1101.660, 1101.661, and 1101.662 to read as follows:
2532 80th Legislature — Regular Session 65th Day (Cont.)
Sec.i1101.659.iiREFUND.ii(a)iiSubject to Subsection (b), the commission may order a person regulated by the commission to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference or an enforcement order instead of or in addition to imposing an administrative penalty or other sanctions.
(b)iiThe amount of a refund ordered as provided in an agreement resulting from an informal settlement conference or an enforcement order may not exceed the amount the consumer paid to the person for a service or accommodation regulated by this commission. The commission may not require payment of other damages or estimate harm in a refund order.
Sec.i1101.660.iiINFORMAL PROCEEDINGS. (a)iiThe commission by rule shall adopt procedures governing informal disposition of a contested case.
(b)iiRules adopted under this section must:
(1)iiprovide the complainant and the license holder, certificate holder, or regulated entity an opportunity to be heard; and
(2)iirequire the presence of:
(A)iia public member of the commission for a case involving a consumer complaint; and
(B)iiat least two staff members of the commission with experience in the regulatory area that is the subject of the proceeding.
Sec.i1101.661.iiFINAL ORDER. The commission may issue a final order in a proceeding under this subchapter or Subchapter O regarding a person whose license has expired during the course of an investigation or administrative proceeding.
Sec.i1101.662.iiTEMPORARY SUSPENSION.ii(a)iiThe presiding officer of the commission shall appoint a disciplinary panel consisting of three commission members to determine whether a person's license to practice under this chapter should be temporarily suspended.
(b)iiIf the disciplinary panel determines from the information presented to the panel that a person licensed to practice under this chapter would, by the person's continued practice, constitute a continuing threat to the public welfare, the panel shall temporarily suspend the license of that person.
(c)iiA license may be suspended under this section without notice or hearing on the complaint if:
(1)iiinstitution of proceedings for a hearing before the commission is initiated simultaneously with the temporary suspension; and
(2)iia hearing is held under Chapter 2001, Government Code, and this chapter as soon as possible.
(d)iiNotwithstanding Chapter 551, Government Code, the disciplinary panel may hold a meeting by telephone conference call if immediate action is required and convening the panel at one location is inconvenient for any member of the panel.
SECTIONi24.iiSection 1101.701, Occupations Code, is amended to read as follows:
Sec.i1101.701.iiIMPOSITION OF ADMINISTRATIVE PENALTY. (a) The commission may impose an administrative penalty on a person who violates this chapter or a rule adopted or order issued by the commission under this chapter.
Monday, May 21, 2007 SENATE JOURNAL 2533
(b)iiThe commission shall periodically review the commission's enforcement procedures and ensure that administrative penalty and disciplinary proceedings are combined into a single enforcement procedure.
(c)iiThe commission may combine a proceeding to impose an administrative penalty with another disciplinary proceeding, including a proceeding to suspend or revoke a license.
SECTIONi25.iiSection 1101.702, Occupations Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:
(a)iiThe amount of an administrative penalty may not exceed $5,000 [$1,000] for
each violation. Each day a violation continues or occurs may be considered a separate
violation for purposes of imposing a penalty [if the commission determines that the
person charged:
[(1)iiengaged in an activity for which a broker or salesperson license is
required without holding a license; and
[(2)iiwas not licensed by the commission as a broker or salesperson at any
time in the four years preceding the date of the violation].
(c)iiThe commission by rule shall adopt a schedule of administrative penalties based on the criteria listed in Subsection (b) for violations subject to an administrative penalty under this section to ensure that the amount of a penalty imposed is appropriate to the violation. The rules adopted under this subsection must provide authority for the commission to suspend or revoke a license in addition to or instead of imposing an administrative penalty.
SECTIONi26.iiThe heading to Section 1101.703, Occupations Code, is amended to read as follows:
Sec.i1101.703.ii[REPORT AND] NOTICE OF VIOLATION AND PENALTY.
SECTIONi27.iiSection 1101.703(a), Occupations Code, is amended to read as follows:
(a)iiIf, after investigation of a possible violation and the facts relating to that
violation, the administrator determines that a violation has occurred, the administrator
may issue a notice of violation [report] stating:
(1)iia brief summary of the alleged violation [the facts on which the
determination is based]; [and]
(2)iithe administrator's recommendation on the imposition of the administrative penalty or another disciplinary sanction, including a recommendation on the amount of the penalty; and
(3)iithat the respondent has the right to a hearing to contest the alleged violation, the recommended penalty, or both.
SECTIONi28.iiSection 1101.704, Occupations Code, is amended to read as follows:
Sec.i1101.704.iiPENALTY TO BE PAID OR HEARING REQUESTED. (a) Not later than the 20th day after the date the person receives the notice under Section 1101.703, the person may:
(1)iiaccept the administrator's determination, including the recommended administrative penalty; or
(2)iirequest in writing a hearing on the occurrence of the violation, the
amount of the penalty, or both [determination].
2534 80th Legislature — Regular Session 65th Day (Cont.)
(b)iiIf the person accepts the administrator's determination, or fails to respond in a timely manner to the notice, the commission by order shall approve the determination and order payment of the recommended penalty or impose the recommended sanction.
SECTIONi29.iiThe heading to Section 1101.705, Occupations Code, is amended to read as follows:
Sec.i1101.705.iiHEARING; DECISION [BY COMMISSION].ii
SECTIONi30.iiSections 1101.705(a), (b), (c), and (e), Occupations Code, are amended to read as follows:
(a)iiIf the person requests a hearing [or fails to timely respond to the notice], the
administrator shall set a hearing and give notice of the hearing to the person.
(b)iiAn administrative law judge of the State Office of Administrative Hearings
[A hearings examiner designated by the administrator] shall conduct the hearing. The
administrative law judge [hearings examiner] shall:
(1)iimake findings of fact and conclusions of law; and
(2)iipromptly issue to the commission a proposal for decision regarding the occurrence of the violation and the amount of any proposed administrative penalty.
(c)iiBased on the findings of fact, conclusions of law, and proposal for decision
of the administrative law judge [hearings examiner], the commission by order may
determine that:
(1)iia violation occurred and impose an administrative penalty; or
(2)iia violation did not occur.
(e)iiThe notice of the commission's order given to the person under Chapter
2001, Government Code, must include a statement of the person's right to judicial
review of the order. [The commission may authorize the hearings examiner to conduct
the hearing and enter a final decision.]
SECTIONi31.iiSection 1101.707, Occupations Code, is amended to read as follows:
Sec.i1101.707.iiOPTIONS FOLLOWING DECISION: PAY OR APPEAL.ii(a) Not later than the 30th day after the date the commission's order becomes final, the person shall:
(1)iipay the administrative penalty; or
(2)iifile a petition for judicial review [with a district court in Travis County]
contesting the occurrence [fact] of the violation, the amount of the penalty, or both.
(b)iiWithin the 30-day period prescribed by Subsection (a), a person who files a
petition for judicial review [acts under Subsection (a)(2)] may:
(1)iistay enforcement of the penalty by:
(A)i[(1)]iipaying the penalty to the court [administrator] for placement
in an escrow account; or
(B)i[(2)]iigiving the court [administrator] a supersedeas bond in a form
approved by the court [administrator] that:
(i)i[(A)]iiis for the amount of the penalty; and
(ii)i[(B)]iiis effective until judicial review of the order is final; or
(2)iirequest the court to stay enforcement by:
Monday, May 21, 2007 SENATE JOURNAL 2535
(A)i[(3)]iifiling with the court [administrator] an affidavit of the person
stating that the person is financially unable to pay the penalty and is financially unable
to give the supersedeas bond; and
(B)iigiving a copy of the affidavit to the administrator by certified mail.
(c)iiIf the administrator receives a copy of an affidavit under Subsection (b)(2),
the administrator may file with the court, within five days after the date the copy is
received, a contest to the affidavit [A person who fails to take action as provided by
this section waives the right to judicial review of the commission's order].
(d)iiThe court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true. The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.
SECTIONi32.iiSubchapter O, Chapter 1101, Occupations Code, is amended by adding Section 1101.7085 to read as follows:
Sec.i1101.7085.iiDETERMINATION BY COURT. (a) If the court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced amount of the penalty.
(b)iiIf the court does not sustain the finding that a violation occurred, the court shall order that a penalty is not owed.
SECTIONi33.iiSection 1101.709, Occupations Code, is amended to read as follows:
Sec.i1101.709.iiREMITTANCE OF PENALTY AND INTEREST. (a) If after
judicial review the administrative penalty is reduced or is not upheld by the court, the
court [administrator] shall[:
[(1)]iiremit the appropriate amount, plus accrued interest, to the person if the
person paid the penalty[; or
[(2)iiexecute a release of the bond if the person gave a supersedeas bond].
(b)iiThe interest [Interest] accrues [under Subsection (a)(1)] at the rate charged
on loans to depository institutions by the New York Federal Reserve Bank.
(c)iiThe interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
(d)iiIf the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, the release of the bond.
(e)iiIf the person gave a supersedeas bond and the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the reduced amount.
SECTIONi34.iiSubchapter O, Chapter 1101, Occupations Code, is amended by adding Section 1101.710 to read as follows:
Sec.i1101.710.iiADMINISTRATIVE PROCEDURE. A proceeding under this subchapter is subject to Chapter 2001, Government Code.
SECTIONi35.iiSubchapter P, Chapter 1101, Occupations Code, is amended by adding Section 1101.759 to read as follows:
2536 80th Legislature — Regular Session 65th Day (Cont.)
Sec.i1101.759.iiCEASE AND DESIST ORDER.ii(a)iiIf it appears to the commission that a person is violating this chapter or Chapter 1102 or a rule adopted under this chapter or Chapter 1102, the commission, after notice and opportunity for a hearing, may issue a cease and desist order prohibiting the person from engaging in the activity.
(b)iiA violation of an order under this section constitutes grounds for imposing an administrative penalty under Subchapter O.
SECTIONi36.iiSection 1102.051(a), Occupations Code, is amended to read as follows:
(a)iiThe Texas Real Estate Inspector Committee is an advisory committee
[consists of nine members] appointed by the commission.
SECTIONi37.iiSection 1102.205, Occupations Code, is amended to read as follows:
Sec.i1102.205.iiCONTINUING EDUCATION REQUIREMENTS. (a) The commission shall approve, recognize, prepare, or administer a continuing education program for inspectors.
(b)iiAs a prerequisite for renewal of a real estate inspector license, professional inspector license, or apprentice inspector license, the inspector must participate in the continuing education program and submit evidence satisfactory to the commission of successful completion of at least 16 classroom hours of core real estate inspection courses or continuing education courses for each year of the license period preceding the renewal.
SECTIONi38.iiSection 1102.251, Occupations Code, is amended to read as follows:
Sec.i1102.251.ii[AMOUNT OF] FEES.iiThe commission shall charge and
collect reasonable and necessary fees to cover the cost of administering this chapter
for [as follows]:
(1)ii[for] filing an original application for an apprentice inspector license[,
not more than $75];
(2)ii[for] filing an original application for a real estate inspector license[, not
more than $125];
(3)ii[for] filing an original application for a professional inspector license[,
not more than $150];
(4)ii[for] renewal of an apprentice inspector license[, not more than $125];
(5)ii[for] renewal of a real estate inspector license[, not more than $175];
(6)ii[for] renewal of a professional inspector license[, not more than $200];
(7)ii[for] a license examination[, not more than $100];
(8)ii[for] a request to change a place of business or to replace a lost or
destroyed license[, not more than $20]; and
(9)ii[for] filing a request for issuance of a license because of a change of
name, return to active status, or change in sponsoring professional inspector[, not
more than $20].
SECTIONi39.iiThe heading to Subchapter I, Chapter 1102, Occupations Code, is amended to read as follows:
Monday, May 21, 2007 SENATE JOURNAL 2537
SUBCHAPTER I. DISCIPLINARY PROCEEDINGS, PENALTIES, AND ENFORCEMENT PROVISIONS
SECTIONi40.iiSubchapter I, Chapter 1102, Occupations Code, is amended by adding Section 1102.408 to read as follows:
Sec.i1102.408.iiTEMPORARY SUSPENSION. (a) The presiding officer of the commission shall appoint a disciplinary panel consisting of three commission members to determine whether a person's license to practice under this chapter should be temporarily suspended.
(b)iiIf the disciplinary panel determines from the information presented to the panel that a person licensed to practice under this chapter would, by the person's continued practice, constitute a continuing threat to the public welfare, the panel shall temporarily suspend the license of that person.
(c)iiA license may be suspended under this section without notice or hearing on the complaint if:
(1)iiinstitution of proceedings for a hearing before the commission is initiated simultaneously with the temporary suspension; and
(2)iia hearing is held under Chapter 2001, Government Code, and this chapter as soon as possible.
(d)iiNotwithstanding Chapter 551, Government Code, the disciplinary panel may hold a meeting by telephone conference call if immediate action is required and convening the panel at one location is inconvenient for any member of the panel.
SECTIONi41.iiSection 1103.101(a), Occupations Code, is amended to read as follows:
(a)iiThe administrator of the Texas Real Estate Commission shall serve as [board
shall employ a] commissioner.
SECTIONi42.iiSection 1103.103(a), Occupations Code, is amended to read as follows:
(a)iiThe administrator of the Texas Real Estate Commission [board] shall
determine the salaries of the [commissioner,] officers[,] and employees of the board.
SECTIONi43.iiSection 1103.104, Occupations Code, is amended to read as follows:
Sec.i1103.104.iiDUTIES OF COMMISSIONER. The commissioner shall:
(1)iidisseminate information;
(2)iiadminister rules adopted by the board under this chapter;
(3)iireview each application for a certificate or license and make a recommendation for final action to the board;
(4)iireview and make recommendations to the board regarding the adoption of rules relating to:
(A)iithe examination required by Subchapter F;
(B)iieducation and experience requirements for issuance of certificates and licenses;
(C)iicontinuing education for a certified or licensed appraiser;
(D)iistandards of professional practice and ethics for a certified or licensed appraiser;
(E)iistandards for a real estate appraisal performed by a certified or licensed appraiser; and
2538 80th Legislature — Regular Session 65th Day (Cont.)
(F)iithe fees established by the board under Section 1103.156;
(5)iicollect fees established by the board; [and]
(6)iimanage the staff and employees of the board; and
(7)iiperform any other duty prescribed by the board under this chapter.
SECTIONi44.iiSection 1103.504, Occupations Code, is amended to read as follows:
Sec.i1103.504.iiATTORNEY GENERAL REPRESENTATION.iiThe attorney
general [shall provide legal representation for the public interest in all proceedings
before the board and] may not represent the board in a contested case before the State
Office of Administrative Hearings [board].
SECTIONi45.iiSections 1103.508(a) and (d), Occupations Code, are amended to read as follows:
(a)iiA contested case hearing shall [may] be conducted before an administrative
law judge of the State Office of Administrative Hearings [a majority of the board
members].
(d)iiThe administrative law judge [designated presiding officer] shall control the
proceedings and may:
(1)iiadminister oaths;
(2)iiadmit or exclude testimony or other evidence; and
(3)iirule on all motions and objections.
SECTIONi46.iiSection 1103.510(a), Occupations Code, is amended to read as follows:
(a)iiIf an appraiser or appraiser trainee receives proper notice of a contested case
hearing but does not appear in person at the hearing, the administrative law judge
[board and presiding officer] may conduct the hearing or enter an order, as the judge
[board] determines appropriate.
SECTIONi47.iiSection 1103.512(c), Occupations Code, is amended to read as follows:
(c)iiBefore testimony may be presented, the record must:
(1)iishow the identities of:
(A)iiany [the] board members present;
(B)iithe administrative law judge [presiding officer]; and
(C)iithe parties and their representatives; and
(2)iistate that all testimony is being recorded.
SECTIONi48.iiSection 1103.513, Occupations Code, is amended to read as follows:
Sec.i1103.513.iiORDER OF PROCEEDINGS. A contested case hearing shall
be conducted in the following order, subject to modification at the discretion of the
administrative law judge [board]:
(1)iithe administrative law judge [presiding officer] shall read a summary of
the charges and answers to the charges and other responsive pleadings filed by the
appraiser or appraiser trainee before the hearing;
(2)iithe attorney representing the board shall make a brief opening statement, including a summary of the charges and a list of the witnesses and documents to support the charges;
Monday, May 21, 2007 SENATE JOURNAL 2539
(3)iithe appraiser or appraiser trainee may make an opening statement, including the names of any witnesses the appraiser or appraiser trainee may call;
(4)iithe attorney representing the board shall present evidence, concluding with a summary of the evidence for the state;
(5)iithe appraiser or appraiser trainee shall present evidence;
(6)iithe attorney representing the board may present rebuttal evidence;
(7)iithe appraiser or appraiser trainee may present rebuttal evidence; and
(8)iithe closing arguments shall be made in the following order:
(A)iithe attorney representing the board;
(B)iithe appraiser or appraiser trainee; and
(C)iithe attorney representing the board on rebuttal.
SECTIONi49.iiSection 1103.516, Occupations Code, is amended to read as follows:
Sec.i1103.516.iiDIRECT EXAMINATION.iiIn a contested case hearing, the
administrative law judge [presiding officer] may conduct a direct examination of a
witness at any stage of the witness's testimony.
SECTIONi50.iiSection 1103.518, Occupations Code, is amended to read as follows:
Sec.i1103.518.ii[BOARD] ACTION AFTER HEARING.iiOn conclusion of a
contested case hearing and on submission of all written responses allowed under
Section 1103.515, the administrative law judge shall [board]:
(1)ii[shall] make findings of fact and conclusions of law; and
(2)iiissue to the board a proposal for decision that the board [may] take one
or more of the following actions:
(A)iidismiss the charges, including issuing an order declaring that the case file is confidential;
(B)iisuspend or revoke the appraiser's certificate or license or the appraiser trainee's approval;
(C)iiimpose a period of probation with or without conditions;
(D)iirequire the appraiser to submit to reexamination for a certificate or license;
(E)iirequire the appraiser or appraiser trainee to participate in additional professional education or continuing education;
(F)iiissue a public or private reprimand or a warning;
(G)iiissue a consent order; or
(H)iiimpose an administrative penalty as prescribed by Section 1103.552.
SECTIONi51.iiSection 1103.520(c), Occupations Code, is amended to read as follows:
(c)iiOn rehearing, the administrative law judge [board] shall consider facts not
presented in the original hearing if:
(1)iithe facts arose after the original hearing was concluded;
(2)iithe party offering the evidence could not reasonably have provided the evidence at the original hearing; or
(3)iithe party offering the evidence was misled by a party regarding the necessity for offering the evidence at the original hearing.
2540 80th Legislature — Regular Session 65th Day (Cont.)
SECTIONi52.iiSection 1103.521(a), Occupations Code, is amended to read as follows:
(a)iiThe administrative law judge [board] shall file the judge's [its] final decision
in a contested case hearing with the commissioner.
SECTIONi53.iiSections 1303.052(a) and (b), Occupations Code, are amended to read as follows:
(a)iiA residential service company must pay to the commission a fee for filing an
application for a license or an amendment to the application[, not to exceed $3,500].
(b)iiA residential service company shall pay to the commission a fee for:
(1)iifiling an annual report under Section 1303.202[, not to exceed $3,500];
and
(2)iiany other filing required by this chapter[, not to exceed $500].
SECTIONi54.iiSubchapter H, Chapter 1303, Occupations Code, is amended by adding Sections 1303.355 and 1303.356 to read as follows:
Sec.i1303.355.iiADMINISTRATIVE PENALTY. (a) The commission may impose an administrative penalty as provided by Subchapter O, Chapter 1101, on a person who violates this chapter or a rule adopted or order issued by the commission under this chapter.
(b)iiThe amount of an administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs may be considered a separate violation for purposes of imposing a penalty.
(c)iiIn determining the amount of the penalty, the administrator shall consider:
(1)iithe seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;
(2)iithe economic harm caused by the violation;
(3)iithe history of previous violations;
(4)iithe amount necessary to deter a future violation;
(5)iiefforts to correct the violation; and
(6)iiany other matter that justice may require.
(d)iiThe commission by rule shall adopt a schedule of administrative penalties based on the criteria listed in Subsection (c) for violations subject to an administrative penalty under this section to ensure that the amount of a penalty imposed is appropriate to the violation.
Sec.i1303.356.iiTEMPORARY SUSPENSION. (a) The presiding officer of the commission shall appoint a disciplinary panel consisting of three commission members to determine whether a person's license to practice under this chapter should be temporarily suspended.
(b)iiIf the disciplinary panel determines from the information presented to the panel that a person licensed to practice under this chapter would, by the person's continued practice, constitute a continuing threat to the public welfare, the panel shall temporarily suspend the license of that person.
(c)iiA license may be suspended under this section without notice or hearing on the complaint if:
(1)iiinstitution of proceedings for a hearing before the commission is initiated simultaneously with the temporary suspension; and
Monday, May 21, 2007 SENATE JOURNAL 2541
(2)iia hearing is held under Chapter 2001, Government Code, and this chapter as soon as possible.
(d)iiNotwithstanding Chapter 551, Government Code, the disciplinary panel may hold a meeting by telephone conference call if immediate action is required and convening the panel at one location is inconvenient for any member of the panel.
SECTIONi55.iiSubchapter C, Chapter 221, Property Code, is amended by adding Section 221.027 to read as follows:
Sec.i221.027.iiTEMPORARY SUSPENSION. (a) The presiding officer of the commission shall appoint a disciplinary panel consisting of three commission members to determine whether the registration for a timeshare plan under this chapter should be temporarily suspended.
(b)iiIf the disciplinary panel determines from the information presented to the panel that a timeshare plan registered under this chapter would, by the continued disposition of the timeshare property, constitute a continuing threat to the public welfare, the panel shall temporarily suspend the registration of the timeshare plan.
(c)iiA registration may be suspended under this section without notice or hearing on the complaint if:
(1)iiinstitution of proceedings for a hearing before the commission is initiated simultaneously with the temporary suspension; and
(2)iia hearing is held under Chapter 2001, Government Code, and this chapter as soon as possible.
(d)iiNotwithstanding Chapter 551, Government Code, the disciplinary panel may hold a meeting by telephone conference call if immediate action is required and convening the panel at one location is inconvenient for any member of the panel.
SECTIONi56.iiThe following provisions of the Occupations Code are repealed:
(1)iiSection 1101.204(g);
(2)iiSections 1101.364(c), (d), and (e);
(3)iiSections 1101.657(b), (c), and (d);
(4)iiSection 1101.703(b);
(5)iiSections 1102.051(b), (c), and (d);
(6)iiSection 1102.052;
(7)iiSection 1102.053;
(8)iiSection 1102.054;
(9)iiSection 1102.055;
(10)iiSection 1102.056;
(11)iiSection 1102.057;
(12)iiSection 1102.058(a);
(13)iiSection 1102.059;
(14)iiSection 1102.061;
(15)iiSection 1102.062; and
(16)iiSection 1103.508(c).
SECTIONi57.ii(a) Not later than January 1, 2008, the Texas Real Estate Commission shall:
(1)iiadopt the policies required by Sections 1101.159 and 1101.160, Occupations Code, as added by this Act; and
2542 80th Legislature — Regular Session 65th Day (Cont.)
(2)iiadopt the rules required by Chapter 1101, Occupations Code, as amended by this Act.
(b)iiAs soon as practicable after the effective date of this Act, the administrator of the Texas Real Estate Commission shall assume the administrative and management duties over the Texas Appraiser Licensing and Certification Board, as required by Sections 1103.101 and 1103.104, Occupations Code, as amended by this Act.
SECTIONi58.ii(a) The changes in law made by this Act to Section 1101.053, Occupations Code, regarding the prohibitions on or qualifications of members of the Texas Real Estate Commission do not affect the entitlement of a member serving on the commission immediately before September 1, 2007, to continue to serve and function as a member of the commission for the remainder of the member's term. The changes in law made by that section apply only to a member appointed on or after September 1, 2007.
(b)iiThe changes in law made by this Act regarding the filing, investigation, or resolution of a complaint under Chapter 1101, Occupations Code, as amended by this Act, apply only to a complaint filed with the Texas Real Estate Commission on or after the effective date of this Act. A complaint filed before the effective date of this Act is governed by the law as it existed immediately before that date, and the former law is continued in effect for that purpose.
(c)iiThe change in law made by this Act regarding conduct that is grounds for imposition of a disciplinary sanction, including a refund, temporary license suspension, or cease and desist order, applies only to conduct that occurs on or after the effective date of this Act. Conduct that occurs before the effective date of this Act is governed by the law in effect on the date the conduct occurred, and the former law is continued in effect for that purpose.
(d)iiThe changes in law made by this Act regarding the procedure for an administrative penalty apply only to a proceeding commenced on or after the effective date of this Act. A proceeding commenced before the effective date of this Act is governed by the law in effect on the date the proceeding commenced, and the former law is continued in effect for that purpose.
(e)iiThe change in law made by this Act regarding the renewal of an expired license applies only to a license that expires on or after the effective date of this Act. A license that expires before the effective date of this Act is governed by the law in effect on the date the license expired, and the former law is continued in effect for that purpose.
(f)iiThe change in law made by this Act regarding accreditation standards for educational programs under Chapter 1101, Occupations Code, as amended by this Act, applies only to an accreditation granted or renewed on or after September 1, 2009. An educational program renewing an accreditation on or after the effective date of this Act but before September 1, 2009, should strive to meet the new accreditation standards under Chapter 1101, Occupations Code, as amended by this Act, but an accreditation granted or renewed before September 1, 2009, is governed by the law in effect on the date the accreditation expired, and the former law is continued in effect for that purpose.
Monday, May 21, 2007 SENATE JOURNAL 2543
(g)iiThe change in law made by this Act to the authority of the Texas Real Estate Inspector Committee to develop and recommend rules under Chapter 1102, Occupations Code, as amended by this Act, applies only to a rule proposed for adoption on or after the effective date of this Act. A rule proposed for adoption before the effective date of this Act is governed by the law in effect on the date the rule was proposed for adoption, and the former law is continued in effect for that purpose.
SECTIONi59.iiThis Act takes effect September 1, 2007.
Floor Amendment No. 1
Amend CSSB 914 (House committee printing) by inserting the following appropriately numbered SECTIONS and renumbering subsequent SECTIONS of the bill accordingly:
SECTIONi____.iiSection 1102.114, Occupations Code, is amended to read as follows:
Sec.i1102.114.iiISSUANCE OF LICENSE.iiThe commission shall issue the appropriate license to an applicant who:
(1)iimeets the required qualifications; [and]
(2)iipays the fee required by Section 1102.352(a); and
(3)iioffers proof that the applicant carries liability insurance with a minimum limit of $100,000 per occurrence to protect the public against a violation of Subchapter G.
SECTIONi____.iiSection 1102.203(a), Occupations Code, is amended to read as follows:
(a)iiA person may renew an unexpired license by paying the required renewal fee to the commission before the expiration date of the license and providing proof of liability insurance as required by Section 1102.114(3).
Floor Amendment No. 2
Amend CSSB 914 (House committee printing) by inserting the following appropriately numbered SECTION and renumbering subsequent SECTIONS of the bill accordingly:
SECTIONi____.iiSection 1101.455, Occupations Code, is amended by adding Subsection (k) to read as follows:
(k)iiAn online course offered under this section may not be completed in less than 24 hours.
The amendments were read.
Senator Shapleigh moved to concur in the House amendments to SBi914.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
SENATE BILL 976 WITH HOUSE AMENDMENT
Senator Carona, on behalf of Senator Brimer, called SBi976 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer, Senator Brimer in Chair, laid the bill and the House amendment before the Senate.
2544 80th Legislature — Regular Session 65th Day (Cont.)
Amendment
Amend SBi976 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to the public retirement system of certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiTitle 109, Revised Statutes, is amended by adding Article 6243i to read as follows:
Art.i6243i.iiUNITARY RETIREMENT SYSTEM FOR CERTAIN MUNICIPALITIES
PARTi1.iiGENERAL PROVISIONS
Sec.i1.01.iiAPPLICABILITY. This article applies only to a municipality with a population of 500,000 or more that on January 1, 2007, has a single unitary public retirement system established by municipal ordinance for employees of all departments of the municipality.
Sec.i1.02.iiDEFINITIONS. In this article:
(1)ii"Administrative rules" means the rules adopted to govern a public retirement system, including rules regarding the participation in, contributions to, and benefits from the public retirement system.
(2)ii"Board of trustees" means the persons elected or appointed to administer the public retirement system.
(3)ii"Governing body" means the governing body of a municipality to which this article applies.
(4)ii"Participating member" means a person who makes contributions to the public retirement system as an employee of a municipality to which this article applies.
(5)ii"Participating retiree" means a person who receives or who is eligible to receive a service retirement annuity from the retirement fund.
(6)ii"Pension office" means the administrative office of the public retirement system.
(7)ii"Public retirement system" means a continuing, organized program or plan of service retirement, disability retirement, or death benefits for employees of a municipality to which this article applies but does not include:
(A)iia program for which benefits are administered by a life insurance company;
(B)iia program providing only workers' compensation benefits;
(C)iia program administered by the federal government;
(D)iian individual retirement account or individual retirement annuity within the meaning of Section 408, or a retirement bond within the meaning of Section 409, of the Internal Revenue Code of 1986;
(E)iia plan described by Section 401(d) of the Internal Revenue Code of 1986;
(F)iian individual account plan consisting of an annuity contract described by Section 403(b) of the Internal Revenue Code of 1986; or
(G)iian eligible state deferred compensation plan described by Section 457(b) of the Internal Revenue Code of 1986.
Monday, May 21, 2007 SENATE JOURNAL 2545
(8)ii"Retirement fund" means the trust fund established by or in conjunction with the public retirement system for the purpose of holding assets to be used to provide benefits payable by the public retirement system.
(9)ii"Rule amendment" includes any amendment of, repeal of, addition to, deletion of, modification of, or change to an administrative rule.
(10)ii"Survivor" means a person, including the surviving spouse or dependent, who receives survivor benefits from a retirement fund.
(11)ii"Vested" means the accrued right of a participating member who has met the age and length-of-service requirements for service retirement required by the public retirement system. A member whose retirement rights are vested may withdraw from employment with the municipality, leave the member's accumulated contributions on deposit with the public retirement system, and begin to receive the member's service retirement annuity.
PART 2. MEMBERSHIP
Sec.i2.01.iiGENERAL MEMBERSHIP REQUIREMENT. (a)iiExcept as otherwise provided by administrative rule, municipal ordinance, or this section, a person becomes a participating member of the public retirement system on the date of the person's employment by the municipality.
(b)iiA person employed by the municipality is not eligible to be a participating member if the person is:
(1)iian independent contractor or an employee of an independent contractor doing work for the municipality;
(2)iian elected officer or a nonsalaried, appointed member of an administrative board or commission of the municipality, except an employee who serves as a member of the board or commission;
(3)iian employee serving on a part-time basis of less than one-half the time required to serve as a full-time employee;
(4)iian employee who is paid in part by the municipality and in part by a county, state, or other governmental agency; or
(5)iia temporary employee, as determined by the records of the municipality, on the payroll of the municipality.
(c)iiA person may appeal a determination regarding the person's eligibility to be a participating member to the board of trustees. The board's decision regarding eligibility is final.
PART 3. CREDITABLE SERVICE
Sec.i3.01.iiTYPES OF CREDITABLE SERVICE. The board of trustees by rule shall establish the types of service for which a participating member earns credit.
Sec.i3.02.iiBENEFIT ELIGIBILITY BASED ON CREDITED SERVICE. A participating member's eligibility to receive a service retirement benefit is based on credited service at the time of retirement.
PART 4. BENEFITS
Sec.i4.01.iiTYPES OF BENEFITS. The types and calculation of benefits provided by the public retirement system are determined in accordance with applicable laws, municipal ordinances, and administrative rules.
2546 80th Legislature — Regular Session 65th Day (Cont.)
Sec.i4.02.iiAMENDMENTS INCREASING BENEFITS. Before taking effect, any amendment to the administrative rules proposed by the board of trustees that increases the benefits provided by the public retirement system must be reviewed and approved by the governing body.
Sec.i4.03.iiAMENDMENTS REDUCING BENEFITS. (a)iiOnly the governing body may adopt an amendment to the administrative rules that reduces a benefit provided by the public retirement system.
(b)iiAt least 90 days before the date the governing body is scheduled to vote on an amendment to the administrative rules that would reduce a benefit provided by the public retirement system, the governing body must give notice to the board of trustees of the governing body's intention to consider and vote on the amendment.
PART 5. ADMINISTRATION
Sec.i5.01.iiCOMPOSITION OF BOARD OF TRUSTEES. (a)iiThe board of trustees is composed of 13 members.
(b)iiEach of the following groups of participating members shall elect one vested, participating member from their respective group to serve as a member of the board of trustees:
(1)iipolice officers; and
(2)iifirefighters.
(c)iiThe group of participating members who are general employees of the municipality and who are not employed as police officers or firefighters shall elect two vested, participating members from the group to serve as members of ithe board of trustees.
(d)iiEach of the following groups of participating retirees shall elect one participating retiree from their respective group to serve as a member of the board of trustees:
(1)iiretired police officers;
(2)iiretired firefighters; and
(3)iiother retired general employees of the municipality who did not retire from service as a police officer or firefighter.
(e)iiThe mayor shall nominate and the governing body shall confirm, by majority vote, five residents of the municipality to serve as members of the board of trustees. A person appointed under this subsection may not be a member of the governing body.
(f)iiThe governing body shall designate the chief financial officer of the municipality to serve as a member of the board of trustees.
(g)iiMembers of the board of trustees hold office for terms of two years.
Sec.i5.02.iiBOARD POWERS AND DUTIES. (a)iiThe board of trustees shall administer the public retirement system, including the retirement fund of the public retirement system.
(b)iiThe board of trustees may adopt amendments to the administrative rules in accordance with Sections 5.06, 5.07, 5.09, and 5.10 of this article.
Sec.i5.03.iiBOARD CHAIR. The board of trustees shall elect a chair from the membership of the board.
Sec.i5.04.iiQUORUM; VOTING. (a)iiEach member of the board of trustees is entitled to one vote.
Monday, May 21, 2007 SENATE JOURNAL 2547
(b)iiExcept as provided by Subsection (c) of this section, seven members of the board of trustees constitute a quorum to transact the business of the board.
(c)iiIn the event of a vacancy on the board of trustees, the number of members required to constitute a quorum is reduced by the number of vacancies on the board of trustees.
Sec.i5.05.iiQUALIFIED ACTUARY; ACTUARIAL ASSUMPTIONS. (a)iiThe board of trustees may employ a qualified actuary.
(b)iiTo be a qualified actuary, an actuary must be:
(1)iia fellow of the Society of Actuaries; or
(2)iia member of the American Academy of Actuaries.
(c)iiAt least 30 days before the date the board of trustees adopts actuarial assumptions to be used by the public retirement system, the board must submit to the governing body a detailed report regarding the proposed actuarial assumptions. The report must include the fiscal impact of the proposed actuarial assumptions on the public retirement system.
Sec.i5.06.iiRULE AMENDMENTS ADOPTED BY BOARD OF TRUSTEES. (a)iiExcept as provided by Sections 4.03, 5.07, 5.09, and 5.10 of this article and subject to Section 4.02 of this article, the board of trustees may adopt amendments to the administrative rules if:
(1)iia qualified actuary performs an actuarial analysis of the fiscal impact of the proposed amendment and determines that the amendment will not impact the actuarial soundness of the retirement fund;
(2)iithe proposed amendment is placed on the agenda of the board of trustees for at least two consecutive meetings of the board that are not less than 30 days apart for the purpose of giving participating members an opportunity to comment on the proposed amendment; and
(3)iithe proposed amendment is approved by a majority vote of the full membership of the board of trustees.
(b)iiAn amendment to the administrative rules adopted in accordance with this section becomes effective immediately unless otherwise provided by the amendment.
Sec.i5.07.iiAMENDMENTS CONCERNING CONTRIBUTIONS BY MUNICIPALITY. (a)iiAn amendment to the administrative rules governing municipal contributions, including an amendment to the rate or manner of making contributions, may be made only if:
(1)iia qualified actuary performs an actuarial analysis of the fiscal impact of the proposed amendment;
(2)iithe board of trustees or the governing body, by majority vote, calls a special election of all participating members to approve the amendment;
(3)iithe amendment is approved by a majority of the participating members eligible to vote in the special election; and
(4)iithe amendment is approved by a majority vote of:
(A)iithe board of trustees, if the governing body called the special election under Subdivision (2) of this subsection; or
(B)iithe governing body, if the board of trustees called the special election under Subdivision (2) of this subsection.
2548 80th Legislature — Regular Session 65th Day (Cont.)
(b)iiThe board of trustees or the governing body, as applicable, shall approve or reject the proposed amendment under Subsection (a)(4) of this section by the 90th day after the date the votes of the special election are canvassed.
(c)iiThe pension office shall conduct a special election under Subsection (a) of this section by secret ballot. The board of trustees shall canvass the vote.
(d)iiA person who is a participating member on the date of the special election is eligible to vote in the special election.
(e)iiUnless otherwise provided by the proposed amendment, an amendment to the administrative rules becomes effective on approval by the board of trustees or the governing body, as appropriate, under Subsection (a)(4) of this section.
(f)iiNotwithstanding Subsections (a) through (e) of this section, only the governing body may adopt an amendment to the administrative rules that increases municipal contributions.
Sec.i5.08.iiAMENDMENTS BY GOVERNING BODY IN EVENT OF FISCAL EMERGENCY. (a)iiNotwithstanding Section 5.07 of this article, in the event a municipality to which this article applies has a fiscal emergency that requires an amendment to the administrative rules governing municipal contributions, the governing body may amend the administrative rules to address the emergency if the governing body:
(1)iidetermines that the emergency exists and approves the proposed amendment by the unanimous vote of all members of the governing body; and
(2)iiprovides written notice to the administrative head of the public retirement system at least five business days before the date the proposed amendment takes effect.
(b)iiOn the 90th day after the date an amendment under this section takes effect and for each subsequent 90-day period while the amendment is in effect, the governing body shall determine whether the emergency continues to exist. If the governing body does not determine by a unanimous vote that the emergency continues to exist or if the governing body fails to vote on whether the emergency exists as required by this subsection, the amendment automatically expires on the date the vote is taken or on the date the vote should have been taken, as applicable.
Sec.i5.09.iiAMENDMENTS INCREASING CONTRIBUTIONS BY MEMBERS. (a)iiAn amendment to the administrative rules that increases member contributions must be adopted in accordance with the procedures provided by Sections 5.07(a) through (e) of this article for adopting an amendment governing municipal contributions.
(b)iiNotwithstanding any other law, an amendment made in accordance with Subsection (a) of this section may require a participating member to contribute an amount that exceeds 10 percent of the compensation paid to the participating member for each payroll period.
Sec.i5.10.iiEMERGENCY, ROUTINE, OR STATUTORILY REQUIRED AMENDMENTS BY BOARD. (a)iiUnless an amendment to the administrative rules requires adoption in accordance with Section 5.07 or 5.09 of this article, the board of trustees may adopt emergency or routine amendments to the administrative rules or amendments that are required by federal or state law if the board of trustees by unanimous vote of the members present and voting:
Monday, May 21, 2007 SENATE JOURNAL 2549
(1)iiagrees that the proposed amendment is an emergency, routine, or statutorily required amendment; and
(2)iiapproves the proposed amendment.
(b)iiAn amendment adopted in accordance with this section is an automatic agenda item for the next regular meeting of the board of trustees and is subject to review or repeal by the board at that meeting.
Sec.i5.11.iiSEMIANNUAL MEETING OF BOARD AND GOVERNING BODY. At least once every six months, the board of trustees and the governing body shall meet to review the performance of the retirement fund and determine how to address the unfunded liabilities, if any, of the public retirement system.
SECTIONi2.ii(a)iiThe administrative rules governing the public retirement system of a municipality to which this Act applies under Section 1.01, Article 6243i, Revised Statutes, as added by this Act, in effect on May 31, 2007, shall continue in effect on and after the effective date of this Act.
(b)iiThe changes in law made by Sections 4.02, 4.03, 5.06, 5.07, 5.08, 5.09, and 5.10, Article 6243i, Revised Statutes, as added by this Act, apply to a change in the administrative rules governing a public retirement system of a municipality to which this Act applies under Section 1.01, Article 6243i, Revised Statutes, as added by this Act, adopted on or after the effective date of this Act.
SECTIONi3.ii(a)iiAs soon as practicable after the effective date of this Act, a new board of trustees charged with administering the public retirement system of a municipality described by Section 1.01, Article 6243i, Revised Statutes, as added by this Act, shall be elected or appointed in accordance with Section 5.01, Article 6243i, Revised Statutes, as added by this Act.
(b)iiThe term of a member of the board of trustees or other board administering the public retirement system described by Subsection (a) of this section who is serving on the board on the effective date of this Act expires on the date that a majority of the new board of trustees has been elected or appointed under Subsection (a) of this section.
SECTIONi4.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.
The amendment was read.
Senator Carona, on behalf of Senator Brimer, moved to concur in the House amendment to SBi976.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
SENATE BILL 1424 WITH HOUSE AMENDMENT
Senator Carona, on behalf of Senator Brimer, called SBi1424 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Amendment
Amend SBi1424 by substituting in lieu thereof the following:
2550 80th Legislature — Regular Session 65th Day (Cont.)
A BILL TO BE ENTITLED
AN ACT
relating to the municipalities authorized to use the other events trust fund to attract certain sporting events.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubdivision (2), Section 1, Chapter 1507, Acts of the 76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes), as amended by Chapters 579 and 814, Acts of the 78th Legislature, Regular Session, 2003, is reenacted and amended to read as follows:
(2)ii"Endorsing municipality" means an endorsing municipality for purposes
of Section 4, 5, [or] 5A, or 5B of this Act [a municipality that has a population of
850,000 or more according to the most recent federal decennial census and that
authorizes a bid by a local organizing committee for selection of the municipality as
the site of the 2011 Pan American Games or the 2012 Olympic Games].
SECTIONi2.iiSubdivision (2), Subsection (a), Section 5A, Chapter 1507, Acts of the 76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes), is amended to read as follows:
(2)ii"Endorsing municipality" means a municipality [that has a population of
one million or more and] that contains a site selected by a site selection organization
for one or more games.
SECTIONi3.iiSubsection (b), Section 5A, Chapter 1507, Acts of the 76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes), is amended to read as follows:
(b)iiIf a site selection organization selects a site for a game in this state pursuant to an application by a local organizing committee, endorsing municipality, or endorsing county, not later than three months before the date of the game or six months before the date of the game upon request of a local organizing committee, endorsing municipality, or endorsing county, the comptroller shall determine for the two-week period that ends at the end of the day after the date on which the game will be held, in accordance with procedures developed by the comptroller:
(1)iithe incremental increase in the receipts to the state from taxes imposed under Chapters 151, 152, 156, and 183, Tax Code, and under Title 5, Alcoholic Beverage Code, within the market areas designated under Subsection (c) of this section, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the game and related events;
(2)iithe incremental increase in the receipts collected by the state on behalf of each endorsing municipality in the market area from the sales and use tax imposed by each endorsing municipality under Section 321.101(a), Tax Code, and the mixed beverage tax revenue to be received by each endorsing municipality under Section 183.051(b), Tax Code, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the game and related events;
(3)iithe incremental increase in the receipts collected by the state on behalf of each endorsing county in the market area from the sales and use tax imposed by each endorsing county under Section 323.101(a), Tax Code, and the mixed beverage
Monday, May 21, 2007 SENATE JOURNAL 2551
(4)iithe incremental increase in the receipts collected by each endorsing municipality in the market area from the hotel occupancy tax imposed under Chapter 351, Tax Code, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the game and related events; and
(5)iithe incremental increase in the receipts collected by each endorsing county in the market area from the hotel occupancy tax imposed under Chapter 352, Tax Code, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the game and related events.
SECTIONi4.iiSubsection (j), Section 5A, Chapter 1507, Acts of the 76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes), is amended to read as follows:
(j)iiThe comptroller shall provide an estimate not later than three months before the date of a game or six months before the date of the game upon request of a local organizing committee, endorsing municipality, or endorsing county of the total amount of tax revenue that would be deposited in the Other Events trust fund under this section in connection with that game, if the game were to be held in this state at a site selected pursuant to an application by a local organizing committee, endorsing municipality, or endorsing county. The comptroller shall provide the estimate on request to a local organizing committee, endorsing municipality, or endorsing county. A local organizing committee, endorsing municipality, or endorsing county may submit the comptroller's estimate to a site selection organization.
SECTIONi5.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.
The amendment was read.
Senator Carona, on behalf of Senator Brimer, moved to concur in the House amendment to SBi1424.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
SENATE BILL 204 WITH HOUSE AMENDMENTS
Senator Nelson called SBi204 from the President's table for consideration of the House amendments to the bill.
The Presiding Officer laid the bill and the House amendments before the Senate.
Amendment
Amend SBi204 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to certain electronic medical records systems.
2552 80th Legislature — Regular Session 65th Day (Cont.)
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter A, Chapter 161, Health and Safety Code, is amended by adding Sections 161.0107 and 161.0108 to read as follows:
Sec.i161.0107.iiELECTRONIC MEDICAL RECORDS SYSTEMS. (a)iiIn this section:
(1)ii"Electronic medical records software package or system" means an electronic system for maintaining medical records in the clinical setting.
(2)ii"Medical records" has the meaning assigned by Section 151.002, Occupations Code.
(b)iiA person who sells, leases, or otherwise provides an electronic medical records software package or system to a person who administers immunizations in this state or to an entity that manages records for the person shall provide, as part of the electronic medical records software package or system, the ability to:
(1)iielectronically interface with the immunization registry created under this subchapter; and
(2)iigenerate electronic reports that contain the fields necessary to populate the immunization registry.
(c)iiThe executive commissioner of the Health and Human Services Commission by rule shall specify:
(1)iithe fields necessary to populate the immunization registry; and
(2)iithe data standards that must be used for electronic submission of immunization information.
(d)iiThe data standards specified under Subsection (b) must be compatible with the standards for immunization information transmission adopted by the Healthcare Information Technology Standards Panel sponsored by the American National Standards Institute and included in certification criteria by the Certification Commission for Healthcare Information Technology.
Sec.i161.0108.iiINJUNCTION. (a)iiThe attorney general may bring an action in the name of the state to enjoin a violation of Section 161.0107.
(b)iiIf the state prevails in a suit under this section, the attorney general may recover on behalf of the state reasonable attorney's fees, court costs, and reasonable investigative costs incurred in relation to the proceeding.
SECTIONi2.iiThe change in law made by this Act applies only to a cause of action that accrues on or after the effective date of rules adopted by the executive commissioner of the Health and Human Services Commission under Section 161.0107, Health and Safety Code, as added by this Act.
SECTIONi3.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.
Floor Amendment No. 1
Amend CSSB 204 in SECTION 1 of the bill, in added Section 161.0107(c), Health and Safety Code (House committee printing, page 2, line 3), between "registry" and "; and", by inserting ", including a field that indicates the patient's consent to be listed in the immunization registry has been obtained".
The amendments were read.
Monday, May 21, 2007 SENATE JOURNAL 2553
Senator Nelson moved to concur in the House amendments to SBi204.
The motion prevailed by the following vote:iiYeasi30, Naysi0.
Absent:iiWilliams.
SENATE BILL 382 WITH HOUSE AMENDMENT
Senator Carona called SBi382 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Amendment
Amend SBi382 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to certain refund requirements regarding credit insurance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 1153.202, Insurance Code, is amended by amending Subsection (a) and adding Subsections (a-1) and (a-2) to read as follows:
(a)iiEach individual policy or group policy and group certificate must include a
written notice stating [shall provide] that:
(1)iiif the underlying debt or the insurance terminates before the originally
scheduled termination [maturity] date of the insurance [debt], including the
termination of a debt by renewing or refinancing the debt, the debtor shall be entitled
to a refund of unearned premium; and
(2)iiin the event that the underlying debt or the insurance terminates before the originally scheduled termination date of the insurance, including the termination of a debt by renewing or refinancing the debt, the person who is the holder of the underlying debt instrument on the date the debt terminates shall, no later than 60 days after the termination of the insurance, provide notice to the insurer of the termination of the debt, that includes the name and address of the insured and the payoff date of the underlying debt.
(a-1)iiThe refund of any amount of unearned premium paid by or charged to the debtor for insurance shall be paid or credited promptly to the person entitled to the refund no later than 30 days after receipt of the notice required to be sent to the insurer under Subsection (a)(2).
(a-2)iiIn any claim or action asserted by an insured against an insurer for failure to refund any unearned premium in accordance with this section, the insurer shall be entitled to indemnity from a holder who failed to provide the notice required under Subsection (a)(2).
SECTIONi2.iiThis Act applies only to a credit life or credit accident and health insurance policy evidenced by an individual policy or group certificate of insurance that is delivered, issued for delivery, or renewed on or after January 1, 2008. A policy or certificate delivered, issued for delivery, or renewed before January 1, 2008, is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.
SECTIONi3.iiThis Act takes effect September 1, 2007.
2554 80th Legislature — Regular Session 65th Day (Cont.)
The amendment was read.
Senator Carona moved to concur in the House amendment to SBi382.
The motion prevailed by the following vote:iiYeasi30, Naysi0.
Absent:iiWilliams.
SENATE BILL 324 WITH HOUSE AMENDMENT
Senator Deuell called SBi324 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 324 by striking proposed Section 35.521(h), Business & Commerce Code (House committee printing, page 4, lines 20-23), and substituting the following:
(h)iiA contingent payor or its surety may not enforce a contingent payment clause if the contingent payor is in a sham relationship with the obligor, as described by the sham relationships in Section 53.026, Property Code.
The amendment was read.
Senator Deuell moved to concur in the House amendment to SBi324.
The motion prevailed by the following vote:iiYeasi30, Naysi0.
Absent:iiWilliams.
SENATE BILL 1781 WITH HOUSE AMENDMENT
Senator Carona called SBi1781 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Floor Amendment No. 2
Amend SB 1781 (House committee printing) as follows:
(1)iiIn SECTION 1 of the bill, in amended Subdivision (8), Subsection (a), Section 16.033, Civil Practice and Remedies Code (page 2, lines 7 and 8), strike "or include".
(2)iiIn SECTION 1 of the bill, in added Subsection (c), Section 16.033, Civil Practice and Remedies Code (page 2, line 13), between "containing a" and "defect,", insert "ministerial".
(3)iiIn SECTION 1 of the bill, in added Subsection (c), Section 16.033, Civil Practice and Remedies Code (page 2, lines 14 and 15), strike "or failing to contain a certificate of acknowledgment and".
The amendment was read.
Senator Carona moved to concur in the House amendment to SBi1781.
The motion prevailed by the following vote:iiYeasi30, Naysi0.
Absent:iiWilliams.
Monday, May 21, 2007 SENATE JOURNAL 2555
SENATE BILL 2016 WITH HOUSE AMENDMENT
Senator Eltife called SBi2016 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Amendment
Amend SBi2016 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to the compensation paid to a statutory county court judge in Gregg County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 25.0942(d), Government Code, is amended to read as follows:
(d)iiThe judge of a county court at law shall be paid an annual salary that is not
less than $1,000 less than [does not exceed the amount that is 90 percent of] the total
annual salary received by a district judge in the county. The salary may not be more
than the total annual salary received by a district judge in the county. The salary may
be paid in equal monthly installments.
SECTIONi2.iiThis Act takes effect October 1, 2007.
The amendment was read.
Senator Eltife moved to concur in the House amendment to SBi2016.
The motion prevailed by the following vote:iiYeasi30, Naysi0.
Absent:iiWilliams.
SENATE BILL 1461 WITH HOUSE AMENDMENT
Senator Seliger called SBi1461 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Amendment
Amend SBi1461 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to certain matters regarding a clean coal project, including contracting authority and indemnification requirements, liability, representation of a state agency by the attorney general, and monitoring of sequestered carbon dioxide.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 490.301, Government Code, as added by Chapter 1097, Acts of the 79th Legislature, Regular Session, 2005, is amended to read as follows:
Sec.i490.301.iiDEFINITION. In this subchapter [section], "clean coal project"
has the meaning assigned by Section 5.001, Water Code.
SECTIONi2.iiSubchapter G, Chapter 490, Government Code, as added by Chapter 1097, Acts of the 79th Legislature, Regular Session, 2005, is amended by adding Section 490.304 to read as follows:
2556 80th Legislature — Regular Session 65th Day (Cont.)
Sec.i490.304.iiCONTRACTING AUTHORITY; FRANCHISE TAX CREDIT. (a)iiThe governor may contract for the state with an organization exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt entity under Section 501(c)(3) of that code, including the FutureGen Industrial Alliance, Incorporated, for a purpose related to implementing a clean coal project, including an innovative energy demonstration program described by Section 2305.037.
(b)iiThe governor and the comptroller jointly may adopt provisions for issuing to the entity with which the governor contracts under Subsection (a), including the FutureGen Industrial Alliance, Incorporated, franchise tax credits to promote research and development activities related to a clean coal project in this state. The governor and comptroller must act under this subsection not later than December 31, 2007. The franchise tax credits to be issued under this subsection in any year may not have a value that exceeds the amount a retail electric provider pays in that year to the entity for electricity generated for the clean coal project's research and development purposes. A franchise tax credit may be issued, in accordance with the governor's and comptroller's provisions, to the entity, irrespective of whether the entity owes or pays a franchise tax under Chapter 171, Tax Code. The entity may assign the tax credits to a taxable entity, as defined by Section 171.0002, Tax Code, in accordance with the governor's and comptroller's provisions.
(c)iiThis section expires on the date the FutureGen Industrial Alliance, Incorporated, loses its qualification as being exempt from federal taxation under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt entity under Section 501(c)(3) of that code.
SECTIONi3.iiChapter 119, Natural Resources Code, is amended by adding Section 119.0025 to read as follows:
Sec.i119.0025.iiMONITORING OF SEQUESTERED CARBON DIOXIDE. The Bureau of Economic Geology of The University of Texas at Austin shall monitor, measure, and verify the permanent status of sequestered carbon dioxide in which the commission has acquired the right, title, and interest under Section 119.002.
SECTIONi4.iiSection 119.004, Natural Resources Code, is amended to read as follows:
Sec.i119.004.iiLIABILITY. (a)iiThe transfer of title to the state under Section 119.002 does not relieve an owner or operator of a clean coal project of liability for any act or omission regarding the generation of carbon dioxide performed before the carbon dioxide was captured.
(b)iiOn the date the commission acquires the right, title, and interest in carbon dioxide captured by a clean coal project under Section 119.002, the owner or operator of the clean coal project is relieved from liability for any act or omission regarding the carbon dioxide injection location, and the method or means of performing carbon dioxide injection, if the injection location and method or means of injection comply with the terms of a license or permit issued by the state and applicable state law and regulations.
(c)iiNotwithstanding Subsection (b), no owner, operator or contractor of the clean coal project is immune from liability for personal injury or death that results from construction of the site, or drilling or operation of the injection wells.
Monday, May 21, 2007 SENATE JOURNAL 2557
SECTIONi5.iiSection 119.006, Natural Resources Code, is amended to read as follows:
Sec.i119.006.iiINDEMNIFICATION. The University of Texas System, [and] the
permanent university fund, and the Texas Board of Criminal Justice may enter into a
lease with the commission[,] or with an owner or operator of a clean coal project[,] for
the use of lands owned or controlled by the system, the [or] fund, or the board for
permanent storage of carbon dioxide captured by a clean coal project, provided that
such lease adequately indemnifies the system, the [and] fund, the board, and the Texas
Department of Criminal Justice against liability for personal injury or property
damage incurred by the system, the [or] fund, the board, or the department as a result
of the escape or migration of the carbon dioxide after it is injected into a zone or
reservoir. This section does not affect the application of Chapter 101, Civil Practice
and Remedies Code, to any activity carried out by a governmental unit, as defined by
that chapter.
SECTIONi6.iiChapter 119, Natural Resources Code, is amended by adding Section 119.007 to read as follows:
Sec.i119.007.iiREPRESENTATION BY ATTORNEY GENERAL. (a)iiIn this section, "state agency" includes:
(1)iia department, commission, board, office, or other agency in the legislative, executive, or judicial branch of state government; and
(2)iia university system or institution of higher education as defined by Section 61.003, Education Code.
(b)iiA state agency may request the attorney general to represent the state agency in a legal proceeding that arises from an escape or migration of carbon dioxide captured or sequestered in connection with a clean coal project.
(c)iiIf the attorney general declines to represent the state agency, the state agency may obtain outside counsel in accordance with Section 402.0212, Government Code, and for purposes of that section, the attorney general's declination to represent the agency constitutes the attorney general's approval of the outside counsel for the matter.
SECTIONi7.iiThis Act takes effect September 1, 2007.
The amendment was read.
Senator Seliger moved to concur in the House amendment to SBi1461.
The motion prevailed by the following vote:iiYeasi30, Naysi0.
Absent:iiWilliams.
SENATE BILL 813 WITH HOUSE AMENDMENT
Senator Janek called SBi813 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Amendment
Amend SBi813 by substituting in lieu thereof the following:
2558 80th Legislature — Regular Session 65th Day (Cont.)
A BILL TO BE ENTITLED
AN ACT
relating to child protective services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 107.013, Family Code, is amended by adding Subsection (d) to read as follows:
(d)iiA parent who claims indigence under Subsection (a) must file an affidavit of indigence in accordance with Rule 145(b) of the Texas Rules of Civil Procedure before the court can conduct a hearing to determine the parent's indigence under this section.
SECTIONi2.iiSection 263.405, Family Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:
(b)iiNot later than the 15th day after the date a final order is signed by the trial
judge, a party who intends to request a new trial or [intending to] appeal the order
must file with the trial court:
(1)iia request for a new trial; or
(2)iiif an appeal is sought, a statement of the point or points on which the party intends to appeal.
(b-1)iiThe statement under Subsection (b)(2) may be combined with a motion for a new trial.
SECTIONi3.iiSection 264.106, Family Code, is amended by adding Subsection (l) to read as follows:
(l)iiNotwithstanding any other law, the department or an independent administrator may contract with a child welfare board established under Section 264.005, a local governmental board granted the powers and duties of a child welfare board under state law, or a children's advocacy center established under Section 264.402 for the provision of substitute care and case management services in this state if the board or center provided direct substitute care or case management services under a contract with the department before September 1, 2006.
SECTIONi4.iiSubsection (a), Section 265.004, Family Code, is amended to read as follows:
(a)iiTo the extent that money is appropriated for the purpose, the department shall fund evidence-based programs offered by community-based organizations that are designed to prevent or ameliorate child abuse and neglect. The evidence-based programs funded under this subsection may be offered by a child welfare board established under Section 264.005, a local governmental board granted the powers and duties of a child welfare board under state law, or a children's advocacy center established under Section 264.402.
SECTIONi5.iiSubchapter A, Chapter 45, Human Resources Code, is amended by adding Sections 45.005 and 45.006 to read as follows:
Sec.i45.005.iiPROVISION OF SUBSTITUTE CARE AND CASE MANAGEMENT SERVICES BY CERTAIN PERSONS. Notwithstanding any other law, the department or an independent administrator may contract with a child welfare board established under Section 264.005, Family Code, a local governmental board granted the powers and duties of a child welfare board under state law, or a children's advocacy center established under Section 264.402, Family Code, for the provision of
Monday, May 21, 2007 SENATE JOURNAL 2559
Sec.i45.006.iiVALUE-ADDED SERVICES. A substitute care or case management services provider that contracts with the department or an independent administrator to provide substitute care or case management services may provide value-added services that supplement the substitute care or case management services required to be provided under the contract.
SECTIONi6.iiThe changes in law made by Subsection (d), Section 107.013, Family Code, as added by this Act, and Section 263.405, Family Code, as amended by this Act, apply only to a suit affecting the parent-child relationship filed on or after the effective date of this Act. A suit affecting the parent-child relationship filed before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose.
SECTIONi7.iiThe authority provided by Section 45.005, Human Resources Code, and Subsection (l), Section 264.106, Family Code, as added by this Act, applies to a contract described by those sections, regardless of whether the contract is executed before or after September 1, 2011, and the authority does not expire on September 1, 2012, notwithstanding the expiration of Chapter 45, Human Resources Code.
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, 2007.
The amendment was read.
Senator Janek moved to concur in the House amendment to SBi813.
The motion prevailed by the following vote:iiYeasi30, Naysi0.
Absent:iiWilliams.
SENATE BILL 660 WITH HOUSE AMENDMENT
Senator Wentworth called SBi660 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Amendment
Amend SBi660 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to the creation of an additional statutory county court in Travis County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubsection (a), Section 25.2291, Government Code, is amended to read as follows:
(a)iiTravis County has the following statutory county courts:
(1)iiCounty Court at Law No. 1 of Travis County, Texas;
(2)iiCounty Court at Law No. 2 of Travis County, Texas;
2560 80th Legislature — Regular Session 65th Day (Cont.)
(3)iiCounty Court at Law No. 3 of Travis County, Texas;
(4)iiCounty Court at Law Number 4 of Travis County;
(5)iiCounty Court at Law Number 5 of Travis County;
(6)iiThe County Court at Law Number 6 of Travis County; [and]
(7)iiThe County Court at Law Number 7 of Travis County; and
(8)iiThe County Court at Law Number 8 of Travis County.
SECTIONi2.iiSection 25.2292, Government Code, is amended by adding Subsection (n) to read as follows:
(n)iiThe County Court at Law Number 8 of Travis County shall give preference to criminal cases.
SECTIONi3.iiThe County Court at Law Number 8 of Travis County is created on the effective date of this Act.
SECTIONi4.iiThis Act takes effect January 1, 2008.
The amendment was read.
Senator Wentworth moved to concur in the House amendment to SBi660.
The motion prevailed by the following vote:iiYeasi30, Naysi0.
Absent:iiWilliams.
SENATE BILL 1735 WITH HOUSE AMENDMENT
Senator Shapiro called SBi1735 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Amendment
Amend SBi1735 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to the effect of a charter provision relating to the sale of alcoholic beverages for off-premise consumption on a subsequent local option election for the sale of alcoholic beverages in certain home-rule municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter D, Chapter 215, Local Government Code, is amended by adding Section 215.076 to read as follows:
Sec.i215.076.iiCHARTER PROVISIONS AND LOCAL OPTION ELECTIONS IN CERTAIN MUNICIPALITIES. (a)iiThis section applies only to a home-rule municipality with a population of less than 15,000:
(1)iithat is wholly located in a county that:
(A)iihas a population of two million or more; and
(B)iiis adjacent to a county with a population of one million or more;
(2)iiin only part of which the sale of distilled spirits for off-premise consumption is legal; and
(3)iithat on April 3, 1982, adopted or enacted a home-rule charter or home-rule charter amendment that restricts the sale of alcoholic beverages for off-premise consumption to a portion of the municipality.
Monday, May 21, 2007 SENATE JOURNAL 2561
(b)iiA local option election for or against the sale of alcoholic beverages for off-premise consumption that is held in a county or in a justice precinct in which all or part of a home-rule municipality described by Subsection (a) is located does not alter, modify, or supersede a home-rule charter restriction of the municipality described by Subsection (a) regardless of whether the election was held before, on, or after the effective date of this section or the charter restriction. A charter restriction described by Subsection (a) is in all respects validated.
SECTIONi2.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.
The amendment was read.
Senator Shapiro moved to concur in the House amendment to SBi1735.
The motion prevailed by the following vote:iiYeasi30, Naysi0.
Absent:iiWilliams.
SENATE BILL 1297 WITH HOUSE AMENDMENT
Senator Wentworth called SBi1297 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Amendment
Amend SBi1297 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to additional criminal law magistrates in Bexar County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubchapter N, Chapter 54, Government Code, is amended by adding Section 54.9001 to read as follows:
Sec.i54.9001.iiAPPLICABILITY OF SUBCHAPTER. The provisions of this subchapter apply only to a criminal law magistrate in Bexar County who is appointed under this subchapter.
SECTIONi2.iiChapter 54, Government Code, is amended by adding Subchapter AA to read as follows:
SUBCHAPTER AA. ADDITIONAL CRIMINAL LAW MAGISTRATES IN BEXAR COUNTY
Sec.i54.1301.iiAPPLICABILITY OF SUBCHAPTER. The provisions of this subchapter apply only to a criminal law magistrate in Bexar County who is appointed under this subchapter.
Sec.i54.1302.iiAPPOINTMENT; PRESIDING MAGISTRATE. (a) The judges of the district courts of Bexar County that give preference to criminal cases and the judges of the county courts at law of Bexar County that give preference to criminal cases, with the consent and approval of the Commissioners Court of Bexar County, may:
2562 80th Legislature — Regular Session 65th Day (Cont.)
(1)iiappoint the number of magistrates set by the commissioners court to perform the duties authorized by this subchapter; and
(2)iiselect one magistrate appointed under Subdivision (1) to serve as the presiding magistrate to supervise the other magistrates appointed under that subdivision.
(b)iiEach magistrate's appointment, as well as the selection of the presiding magistrate, must be made with the approval of two-thirds of the judges described by Subsection (a).
(c)iiThe term of appointment of a magistrate under this section may not exceed two years, subject to Section 54.1307.
(d)iiIf the number of magistrates appointed under this section is less than the number of the appointing judges, each judge described by Subsection (a) shall have equal access to the services of the magistrates appointed under this section.
Sec.i54.1303.iiQUALIFICATIONS. To be eligible for appointment as a magistrate under this subchapter, a person must:
(1)iibe a resident of Bexar County; and
(2)iihave been licensed to practice law in this state for at least four years.
Sec.i54.1304.iiCOMPENSATION. (a) A magistrate appointed under this subchapter is entitled to the salary determined by the Commissioners Court of Bexar County.
(b)iiThe magistrate's salary is paid from the county fund available for payment of officers' salaries.
Sec.i54.1305.iiJUDICIAL IMMUNITY. A magistrate appointed under this subchapter has the same judicial immunity as a district judge.
Sec.i54.1306.iiCLERK. (a) The district clerk shall perform the statutory duties described by Section 51.303 with respect to all cases and matters referred to the magistrates appointed under this subchapter from the district courts, county courts at law, and, if authorized under Section 54.1309, municipal courts, subject to Subsection (b).
(b)iiAt the conclusion of a proceeding, the district clerk shall transmit to the referring court any papers relating to the case or matter referred to a magistrate appointed under this subchapter, including the magistrate's findings, conclusions, orders, recommendations, or other action taken, except when the magistrate is performing the duties of a magistrate under the Code of Criminal Procedure.
Sec.i54.1307.iiTERMINATION OF SERVICES. The services of a magistrate appointed under this subchapter may be terminated by a majority vote of the appointing judges.
Sec.i54.1308.iiPROCEEDINGS THAT MAY BE REFERRED. (a) Except as provided by Subsection (b), a judge described by Section 54.1302(a) may refer to a magistrate appointed under this subchapter any criminal cases or matters the judge considers necessary and proper, including a criminal case for drug court proceedings.
(b)iiA magistrate appointed under this subchapter may not preside over a contested trial on the merits, regardless of whether the trial is before a jury.
(c)iiA person in custody who is brought before a magistrate appointed under this subchapter in a proceeding referred under this section must be in the custody of a jailer who is certified by the Commission on Law Enforcement Officer Standards and
Monday, May 21, 2007 SENATE JOURNAL 2563
Sec.i54.1309.iiCERTAIN MUNICIPAL COURT PROCEEDINGS THAT MAY BE REFERRED. (a) A municipality that has any portion of the municipality's territory located within the boundaries of Bexar County may:
(1)iienter into an interlocal agreement with Bexar County providing for the referral of cases from the municipal courts of that municipality to a magistrate appointed under this subchapter; and
(2)iiby ordinance, authorize one or more municipal court judges to refer cases pending in the municipal courts to a magistrate appointed under this subchapter.
(b)iiA municipal court judge who is authorized to refer a case to a magistrate as provided by Subsection (a) may refer one or more cases to a magistrate in the manner provided by Section 54.1310. The magistrate to whom the case is referred may exercise any power conferred on the magistrate under Section 54.1311, except as limited by the order of referral.
Sec.i54.1310.iiORDER OF REFERRAL. (a) To refer one or more criminal cases or matters to a magistrate appointed under this subchapter, a judge must issue an order of referral specifying the magistrate's duties.
(b)iiAn order of referral may relate to a single case or to a specified type of criminal cases or matters.
(c)iiAn order of referral may:
(1)iilimit the powers of the magistrate and direct the magistrate to report on specific issues, perform particular acts, or receive and report on evidence only;
(2)iiset the time and place for the hearing;
(3)iiprescribe a closing date for the hearing;
(4)iiprovide a date for filing the magistrate's findings;
(5)iidesignate proceedings for more than one case over which the magistrate shall preside;
(6)iidirect the magistrate to call the court's docket; and
(7)iiset forth general powers and limitations of authority of the magistrate applicable to any cases or matters referred.
(d)iiAny magistrate appointed under this subchapter may carry out the duties specified in an order of referral issued under this subchapter.
Sec.i54.1311.iiPOWERS. (a) Except as limited by an order of referral, a magistrate appointed under this subchapter may:
(1)iiperform the duties of a magistrate under the Code of Criminal Procedure;
(2)iiconduct hearings;
(3)iihear evidence;
(4)iicompel production of relevant evidence;
(5)iirule on admissibility of evidence;
(6)iiissue summons for the appearance of witnesses;
(7)iiexamine witnesses;
(8)iiswear witnesses for hearings;
(9)iimake findings of fact on evidence;
2564 80th Legislature — Regular Session 65th Day (Cont.)
(10)iiformulate conclusions of law;
(11)iirule on preliminary motions;
(12)iirecommend the rulings, orders, or judgment to be made in a case;
(13)iiregulate proceedings in a hearing;
(14)iiset bonds;
(15)iiin any case referred from a municipal court as authorized by Section 54.1309:
(A)iiaccept a plea of guilty or nolo contendere;
(B)iienter a finding of guilt, impose or suspend a sentence, and establish conditions of community supervision;
(C)iidefer adjudication of guilt and establish conditions of community supervision; or
(D)iidismiss the case; and
(16)iiperform any act and take any measure necessary and proper for the efficient performance of the duties required by the order of referral.
(b)iiExcept when performing the duties of a magistrate under the Code of Criminal Procedure or as provided by Subsection (a)(15)(D), a magistrate appointed under this subchapter may not enter a ruling on any issue of law or fact if that ruling could result in dismissal or require dismissal of a pending criminal prosecution, but the magistrate may make findings, conclusions, and recommendations on those issues, subject to Section 54.1314.
Sec.i54.1312.iiCOURT REPORTER. The court shall provide a court reporter to record the proceedings before a magistrate appointed under this subchapter if:
(1)iithe appointment of a court reporter is required by other law; or
(2)iia party to a case involving an offense that is a Class B misdemeanor or higher category of offense requests the appointment of a court reporter, unless the magistrate appointed under this subchapter is performing the duties of a magistrate under the Code of Criminal Procedure.
Sec.i54.1313.iiWITNESS. (a) A witness who appears before a magistrate appointed under this subchapter and is sworn is subject to the penalties for perjury provided by law.
(b)iiA referring court may issue attachment against and may fine or imprison a witness whose failure to appear after being summoned or whose refusal to answer questions has been certified to the court.
Sec.i54.1314.iiJUDICIAL ACTION. (a) Unless otherwise prohibited by law and except when a magistrate appointed under this subchapter is performing the duties of a magistrate under the Code of Criminal Procedure, a referring court may modify, correct, reject, reverse, or recommit for further information any action taken by the magistrate.
(b)iiIf the court does not modify, correct, reject, reverse, or recommit an action of the magistrate, the action becomes the decree of the court.
SECTIONi3.iiArticle 2.09, Code of Criminal Procedure, is amended to read as follows:
Art.i2.09.iiWHO ARE MAGISTRATES. Each of the following officers is a magistrate within the meaning of this Code: The justices of the Supreme Court, the judges of the Court of Criminal Appeals, the justices of the Courts of Appeals, the
Monday, May 21, 2007 SENATE JOURNAL 2565
SECTIONi4.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.
The amendment was read.
Senator Wentworth moved that the Senate do not concur in the House amendment.
The motion prevailed without objection.
SENATE BILL 218 WITH HOUSE AMENDMENT
Senator Carona called SBi218 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer, Senator Brimer in Chair, laid the bill and the House amendment before the Senate.
Amendment
Amend SBi218 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to licensing and inspection requirements of the Department of Family and Protective Services for certain facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubsection (b), Section 42.041, Human Resources Code, is amended to read as follows:
(b)iiThis section does not apply to:
(1)iia state-operated facility;
(2)iian agency foster home or agency foster group home;
2566 80th Legislature — Regular Session 65th Day (Cont.)
(3)iia facility that is operated in connection with a shopping center, business, religious organization, or establishment where children are cared for during short periods while parents or persons responsible for the children are attending religious services, shopping, or engaging in other activities on or near the premises, including but not limited to retreats or classes for religious instruction;
(4)iia school or class for religious instruction that does not last longer than two weeks and is conducted by a religious organization during the summer months;
(5)iia youth camp licensed by the [Texas] Department of State Health
Services;
(6)iia facility licensed, operated, certified, or registered by another state agency;
(7)iian educational facility accredited by the Texas Education Agency, the
Texas Private School Accreditation Commission, or the Southern Association of
Colleges and Schools that operates primarily for educational purposes in grades
kindergarten and above[, an after-school program operated directly by an accredited
educational facility, or an after-school program operated by another entity under
contract with the educational facility, if the Texas Education Agency or Southern
Association of Colleges and Schools has approved the curriculum content of the
after-school program operated under the contract];
(8)iian educational facility that operates solely for educational purposes in grades kindergarten through at least grade two, that does not provide custodial care for more than one hour during the hours before or after the customary school day, and that is a member of an organization that promulgates, publishes, and requires compliance with health, safety, fire, and sanitation standards equal to standards required by state, municipal, and county codes;
(9)iia kindergarten or preschool educational program that is operated as part of a public school or a private school accredited by the Texas Education Agency, that offers educational programs through grade six, and that does not provide custodial care during the hours before or after the customary school day;
(10)iia family home, whether registered or listed;
(11)iian educational facility that is integral to and inseparable from its sponsoring religious organization or an educational facility both of which do not provide custodial care for more than two hours maximum per day, and that offers educational programs for children age five and above in one or more of the following: kindergarten through at least grade three, elementary, or secondary grades;
(12)iian emergency shelter facility providing shelter to minor mothers who are the sole support of their natural children under Section 32.201, Family Code, unless the facility would otherwise require a license as a child-care facility under this section;
(13)iia juvenile detention facility certified under Section 51.12, Family Code, or Section 141.042(d), a juvenile facility providing services solely for the Texas Youth Commission, or any other correctional facility for children operated or regulated by another state agency or by a political subdivision of the state;
(14)iian elementary-age (ages 5-13) recreation program operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs, that such
Monday, May 21, 2007 SENATE JOURNAL 2567
(15)iian annual youth camp held in a municipality with a population of more than 1.5 million that operates for not more than three months and that has been operated for at least 10 years by a nonprofit organization that provides care for the homeless; or
(16)iia public school that provides before-school or after-school programs, child care, or other extended day activities on a tuition-free basis.
SECTIONi2.iiSection 42.044, Human Resources Code, is amended by adding Subsection (b-1) to read as follows:
(b-1)iiNotwithstanding Subsection (b), the department is required to inspect only as necessary a licensed child-care facility that offers only an after-school program operated directly by an educational facility accredited by the Texas Education Agency, the Texas Private School Accreditation Commission, or the Southern Association of Colleges and Schools.
SECTIONi3.iiSubsection (c), Section 42.054, Human Resources Code, is amended to read as follows:
(c)iiThe department shall charge each licensed child-care facility an annual
license fee in the amount of $35 plus $2 [$1] for each child the child-care facility is
permitted to serve. The fee is due on the date on which the department issues the
child-care facility's initial license and on the anniversary of that date.
SECTIONi4.iiThis Act takes effect September 1, 2007.
The amendment was read.
Senator Carona moved that the Senate do not concur in the House amendment, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on SBi218 before appointment.
There were no motions offered.
The Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Carona, Chair; Shapiro, VanideiPutte, Deuell, and Shapleigh.
GUESTS PRESENTED
Senator Zaffirini was recognized and introduced to the Senate Zapata County officials:iiCounty Judge Rosalva Guerra; County Commissioners, Joe Rathmell and Norberto Garza; and County Auditor Doroteo Garza; accompanied by Laura Guerra and Ramiro Martinez.
The Senate welcomed its guests.
2568 80th Legislature — Regular Session 65th Day (Cont.)
SENATE BILL 763 WITH HOUSE AMENDMENT
Senator Duncan called SBi763 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 763 (House committee printing) by adding the following appropriately numbered SECTION (page 2, between lines 6 and 7) and renumbering the subsequent SECTIONS accordingly:
SECTIONi____.iiChapter 30, Civil Practice and Remedies Code, is amended by adding Section 30.013 to read as follows:
Sec.i30.013.iiNONDISCLOSURE OF CERTAIN INFORMATION. (a) The supreme court shall adopt rules prohibiting a court or the clerk of a court from requiring a party in a civil action to disclose a social security number or driver's license number or any part of a social security number or driver's license number in the records or pleadings of the court unless the party consents to the disclosure in any document, including a document filed as provided by Title 2 of this code or Chapter 52, Property Code.
(b)iiThis section expires August 31, 2009.
The amendment was read.
Senator Duncan moved that the Senate do not concur in the House amendment, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on SBi763 before appointment.
There were no motions offered.
The Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Duncan, Chair; Wentworth, Hinojosa, Carona, and Watson.
SENATE BILL 943 WITH HOUSE AMENDMENTS
Senator Janek called SBi943 from the President's table for consideration of the House amendments to the bill.
The Presiding Officer laid the bill and the House amendments before the Senate.
Floor Amendment No. 1
Amend SB 943 (House committee report) as follows:
(1)iiIn SECTION 10 of the bill, in amended Subsection (a), Section 431.412, Health and Safety Code (page 15, line 12), between "prescription drug" and "that", insert "for human consumption".
Monday, May 21, 2007 SENATE JOURNAL 2569
(2)iiIn SECTION 11 of the bill, in amended Subsection (a), Section 431.413, Health and Safety Code (page 16, lines 3 through 5), strike "or from the manufacturer's third-party logistics provider, co-licensed product partner, or exclusive distributor,".
(3)iiIn SECTION 11 of the bill, in amended Subsection (c), Section 431.413, Health and Safety Code (page 16, line 26), strike "fifth" and substitute "second".
(4)iiStrike SECTION 13 of the bill amending Section 431.415, Health and Safety Code (page 17, line 27, through page 18, line 20).
(5)iiIn SECTION 16 of the bill (page 21, line 23), strike "December 1, 2007." and substitute "May 1, 2008."
(6)iiRenumber SECTIONS of the bill appropriately.
Floor Amendment No. 2
Amend SB 943 (House committee report) as follows:
(1)iiIn SECTION 1 of the bill, strike added Paragraph (C), Subdivision (5), Section 431.401, Health and Safety Code (page 3, lines 20 through 25), and substitute the following:
(C)ii[a manufacturer to] an authorized distributor of record to a
pharmacy warehouse to the pharmacy warehouse's intracompany pharmacy [one
other authorized distributor of record to a pharmacy or practitioner to a patient]; [or]
(2)iiIn SECTION 1 of the bill, at the end of added Paragraph (D), Subdivision (5), Section 431.401, Health and Safety Code (page 4, line 3), strike "or".
(3)iiIn SECTION 1 of the bill, at the end of added Paragraph (E), Subdivision (5), Section 431.401, Health and Safety Code (page 4, line 6), between "prescriber" and the period, insert the following:
; or
(F)iian authorized distributor of record to one other authorized distributor of record to a licensed practitioner for office use
(4)iiIn SECTION 1 of the bill, strike added Paragraph (H), Subdivision (11), Section 431.401, Health and Safety Code (page 5, line 22, through page 6, line 3), and substitute the following:
(H)iithe sale, purchase, or trade of a drug, or the offer to sell, purchase, or trade a drug, for emergency medical reasons, including a transfer of a prescription drug by a retail pharmacy to another retail pharmacy to alleviate a temporary shortage;
Floor Amendment No. 3
Amend SB 943 (House committee report) as follows:
(1)iiIn SECTION 2 of the bill, in amended Section 431.4031, Health and Safety Code (page 7, line 4), strike "431.4045" and substitute "431.4045(2)".
(2)iiIn SECTION 4 of the bill, in added Subdivision (1), Section 431.4045, Health and Safety Code (page 10, line 22), between "431.404" and the underlined semicolon, insert the following:
or determines that an inspection is unnecessary after thoroughly evaluating the information in the application, the compliance history of the applicant and the applicant's principals, and the risk of counterfeiting in the applicant's product
(3)iiIn SECTION 5 of the bill, in amended Section 431.405, Health and Safety Code (page 11, line 1), strike "To" and substitute the following:
2570 80th Legislature — Regular Session 65th Day (Cont.)
(a)iiThe department may not issue a wholesale distributor license to an applicant without considering the minimum federal information and related qualification requirements published in federal regulations at 21 C.F.R. Part 205, including:
(1)iifactors in reviewing the qualifications of persons who engage in wholesale distribution, 21 C.F.R. Section 205.6;
(2)iiappropriate education and experience for personnel employed in wholesale distribution, 21 C.F.R. Section 205.7; and
(3)iithe storage and handling of prescription drugs and the establishment and maintenance of prescription drug distribution records, 21 C.F.R. Section 205.50.
(b)iiIn addition to meeting the minimum federal requirements as provided by
Subsection (a), to [To]
(4)iiIn SECTION 5 of the bill, in amended Subdivision (6), Section 431.405, Health and Safety Code (page 11, line 20), between "in a circumstance" and "in which", insert ", as the department determines reasonable,".
Floor Amendment No. 4
Amend SB 943 (House committee report) as follows:
(1)iiStrike SECTION 8 of the bill adding Sections 431.4101 and 431.4102, Health and Safety Code (page 12, line 22, through page 13, line 5).
(2)iiIn the recital to SECTION 9 of the bill (page 13, lines 7 and 8), strike "adding Subsections (a-1), (a-2), and (e)" and substitute "adding Subsections (a-1) and (a-2)".
(3)iiIn SECTION 9 of the bill (page 14, line 20, through page 15, line 5), strike added Subsection (e), Section 431.411, Health and Safety Code.
(4)iiRenumber SECTIONS of the bill appropriately.
Floor Amendment No. 5
Amend SB 943 (House committee report) by striking SECTION 14 of the bill adding Sections 431.416 and 431.417, Health and Safety Code (page 18, line 21, through page 21, line 16), and substituting the following appropriately numbered SECTIONS:
SECTIONi____.iiSection 431.021, Health and Safety Code, is amended to read as follows:
Sec.i431.021.iiPROHIBITED ACTS.iiThe following acts and the causing of the following acts within this state are unlawful and prohibited:
(a)iithe introduction or delivery for introduction into commerce of any food, drug, device, or cosmetic that is adulterated or misbranded;
(b)iithe adulteration or misbranding of any food, drug, device, or cosmetic in commerce;
(c)iithe receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise;
(d)iithe distribution in commerce of a consumer commodity, if such commodity is contained in a package, or if there is affixed to that commodity a label that does not conform to the provisions of this chapter and of rules adopted under the authority of
Monday, May 21, 2007 SENATE JOURNAL 2571
(1)iiare engaged in the packaging or labeling of such commodities; or
(2)iiprescribe or specify by any means the manner in which such commodities are packaged or labeled;
(e)iithe introduction or delivery for introduction into commerce of any article in violation of Section 431.084, 431.114, or 431.115;
(f)iithe dissemination of any false advertisement;
(g)iithe refusal to permit entry or inspection, or to permit the taking of a sample or to permit access to or copying of any record as authorized by Sections 431.042-431.044; or the failure to establish or maintain any record or make any report required under Section 512(j), (l), or (m) of the federal Act, or the refusal to permit access to or verification or copying of any such required record;
(h)iithe manufacture within this state of any food, drug, device, or cosmetic that is adulterated or misbranded;
(i)iithe giving of a guaranty or undertaking referred to in Section 431.059, which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in this state from whom the person received in good faith the food, drug, device, or cosmetic; or the giving of a guaranty or undertaking referred to in Section 431.059, which guaranty or undertaking is false;
(j)iithe use, removal, or disposal of a detained or embargoed article in violation of Section 431.048;
(k)iithe alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, drug, device, or cosmetic, if such act is done while such article is held for sale after shipment in commerce and results in such article being adulterated or misbranded;
(l)(1) forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by rules adopted under this chapter or the regulations promulgated under the provisions of the federal Act;
(2)iimaking, selling, disposing of, or keeping in possession, control, or custody, or concealing any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing on any drug or container or labeling thereof so as to render such drug a counterfeit drug;
(3)iithe doing of any act that causes a drug to be a counterfeit drug, or the sale or dispensing, or the holding for sale or dispensing, of a counterfeit drug;
(m)iithe using by any person to the person's own advantage, or revealing, other than to the commissioner, an authorized agent, a health authority or to the courts when relevant in any judicial proceeding under this chapter, of any information acquired under the authority of this chapter concerning any method or process that as a trade secret is entitled to protection;
2572 80th Legislature — Regular Session 65th Day (Cont.)
(n)iithe using, on the labeling of any drug or device or in any advertising relating to such drug or device, of any representation or suggestion that approval of an application with respect to such drug or device is in effect under Section 431.114 or Section 505, 515, or 520(g) of the federal Act, as the case may be, or that such drug or device complies with the provisions of such sections;
(o)iithe using, in labeling, advertising or other sales promotion of any reference to any report or analysis furnished in compliance with Sections 431.042-431.044 or Section 704 of the federal Act;
(p)iiin the case of a prescription drug distributed or offered for sale in this state, the failure of the manufacturer, packer, or distributor of the drug to maintain for transmittal, or to transmit, to any practitioner licensed by applicable law to administer such drug who makes written request for information as to such drug, true and correct copies of all printed matter that is required to be included in any package in which that drug is distributed or sold, or such other printed matter as is approved under the federal Act. Nothing in this subsection shall be construed to exempt any person from any labeling requirement imposed by or under other provisions of this chapter;
(q)(1)iiplacing or causing to be placed on any drug or device or container of any drug or device, with intent to defraud, the trade name or other identifying mark, or imprint of another or any likeness of any of the foregoing;
(2)iiselling, dispensing, disposing of or causing to be sold, dispensed, or disposed of, or concealing or keeping in possession, control, or custody, with intent to sell, dispense, or dispose of, any drug, device, or any container of any drug or device, with knowledge that the trade name or other identifying mark or imprint of another or any likeness of any of the foregoing has been placed thereon in a manner prohibited by Subdivision (1) of this subsection; or
(3)iimaking, selling, disposing of, causing to be made, sold, or disposed of, keeping in possession, control, or custody, or concealing with intent to defraud any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another or any likeness of any of the foregoing on any drug or container or labeling of any drug or container so as to render such drug a counterfeit drug;
(r)iidispensing or causing to be dispensed a different drug in place of the drug ordered or prescribed without the express permission in each case of the person ordering or prescribing;
(s)iithe failure to register in accordance with Section 510 of the federal Act, the failure to provide any information required by Section 510(j) or (k) of the federal Act, or the failure to provide a notice required by Section 510(j)(2) of the federal Act;
(t)(1)iithe failure or refusal to:
(A)iicomply with any requirement prescribed under Section 518 or 520(g) of the federal Act; or
(B)iifurnish any notification or other material or information required by or under Section 519 or 520(g) of the federal Act;
(2)iiwith respect to any device, the submission of any report that is required by or under this chapter that is false or misleading in any material respect;
Monday, May 21, 2007 SENATE JOURNAL 2573
(u)iithe movement of a device in violation of an order under Section 304(g) of the federal Act or the removal or alteration of any mark or label required by the order to identify the device as detained;
(v)iithe failure to provide the notice required by Section 412(b) or 412(c), the failure to make the reports required by Section 412(d)(1)(B), or the failure to meet the requirements prescribed under Section 412(d)(2) of the federal Act;
(w)iiexcept as provided under Subchapter M of this chapter and Section 562.1085, Occupations Code, the acceptance by a person of an unused prescription or drug, in whole or in part, for the purpose of resale, after the prescription or drug has been originally dispensed, or sold;
(x)iiengaging in the wholesale distribution of drugs or operating as a distributor or manufacturer of devices in this state without obtaining a license issued by the department under Subchapter I, L, or N, as applicable;
(y)iiengaging in the manufacture of food in this state or operating as a warehouse operator in this state without having a license as required by Section 431.222 or operating as a food wholesaler in this state without having a license under Section 431.222 or being registered under Section 431.2211, as appropriate;
(z)iiunless approved by the United States Food and Drug Administration pursuant to the federal Act, the sale, delivery, holding, or offering for sale of a self-testing kit designed to indicate whether a person has a human immunodeficiency virus infection, acquired immune deficiency syndrome, or a related disorder or condition;
(aa)iimaking a false statement or false representation in an application for a license or in a statement, report, or other instrument to be filed with or requested by the department under this chapter;
(bb)iifailing to comply with a requirement or request to provide information or failing to submit an application, statement, report, or other instrument required by the department;
(cc)iiperforming, causing the performance of, or aiding and abetting the performance of an act described by Subdivision (x);
(dd)iipurchasing or otherwise receiving a prescription drug from a pharmacy in violation of Section 431.411(a);
(ee)iiselling, distributing, or transferring a prescription drug to a person who is not authorized under state or federal law to receive the prescription drug in violation of Section 431.411(b);
(ff)iifailing to deliver prescription drugs to specified premises as required by Section 431.411(c);
(gg)iifailing to maintain or provide pedigrees as required by Section 431.412 or 431.413;
(hh)iifailing to obtain, pass, or authenticate a pedigree as required by Section
431.412 or 431.413; [or]
(ii)iithe introduction or delivery for introduction into commerce of a drug or prescription device at a flea market;
(jj)iithe receipt of a prescription drug that is adulterated, misbranded, stolen, obtained by fraud or deceit, counterfeit, or suspected of being counterfeit, and the delivery or proffered delivery of such a drug for payment or otherwise; or
2574 80th Legislature — Regular Session 65th Day (Cont.)
(kk)iithe alteration, mutilation, destruction, obliteration, or removal of all or any part of the labeling of a prescription drug or the commission of any other act with respect to a prescription drug that results in the prescription drug being misbranded.
SECTIONi____.iiSubchapter B, Chapter 431, Health and Safety Code, is amended by adding Section 431.0211 to read as follows:
Sec.i431.0211.iiEXCEPTION. Any provision of Section 431.021 that relates to a prescription drug does not apply to a prescription drug manufacturer, or an agent of a prescription drug manufacturer, who is obtaining or attempting to obtain a prescription drug for the sole purpose of testing the prescription drug for authenticity.
The amendments were read.
Senator Janek moved to concur in the House amendments to SBi943.
The motion prevailed by the following vote:iiYeasi30, Naysi0.
Absent:iiWilliams.
SENATE BILL 255 WITH HOUSE AMENDMENTS
Senator Carona called SBi255 from the President's table for consideration of the House amendments to the bill.
The Presiding Officer laid the bill and the House amendments before the Senate.
Floor Amendment No. 1
Amend SB 255 (House committee printing) as follows:
(1)iiIn SECTION 1 of the bill, in added Subsection (a), Section 201.805, Transportation Code (page 2, line 10), strike "and".
(2)iiIn SECTION 1 of the bill, in added Subsection (a), Section 201.805, Transportation Code, between "expenditures" and the period (page 2, line 12), insert the following:
;
(12)iithe dollar amount of any pass-through toll agreements;
(13)iithe percentage of highway construction projects completed on time; and
(14)iithe percentage of highway construction projects that cost:
(A)iimore than the contract amount; and
(B)iiless than the contract amount
(3)iiIn SECTION 1 of the bill, immediately following added Subsection (b), Section 201.805, Transportation Code (page 2, between lines 15 and 16), insert the following:
(c)iiThe department shall annually publish in appropriate media and on the department's Internet website in a format that allows the information to be read into a commercially available electronic database the following information for each fiscal year:
(1)iithe amount of money in the Texas mobility fund itemized by the source of the money; and
(2)iithe amount of money received by the department:
(A)iiitemized by the source of the money; and
Monday, May 21, 2007 SENATE JOURNAL 2575
(B)iicompared to the amount of money appropriated by the legislature to the department in the General Appropriations Act.
Floor Amendment No. 2
Amend SB 255 (House committee printing) as follows:
(1)iiIn SECTION 1 of the bill, in added Subsection (a), Section 201.805, Transportation Code (page 2, line 10), strike "and".
(2)iiIn SECTION 1 of the bill, in added Subsection (a), Section 201.805, Transportation Code, between "expenditures" and the period (page 2, line 12), insert the following:
; and
(12)iia description of real property acquired by the department through the exercise of eminent domain, including the acreage of the property and the location of the property
Floor Amendment No. 3
Amend SB 255 (House committee printing) in SECTION 1 of the bill, immediately following added Subsection (b), Section 201.805, Transportation Code (page 2, between lines 15 and 16), by inserting the following:
(c)iiThe department shall annually publish in appropriate media and on the department's Internet website in a format that allows the information to be read into a commercially available electronic database a list of each contract the department has with:
(1)iia person required to register as a lobbyist under Chapter 305, Government Code;
(2)iia public relations firm; or
(3)iia government consultant.
The amendments were read.
Senator Carona moved to concur in the House amendments to SBi255.
The motion prevailed by the following vote:iiYeasi30, Naysi0.
Absent:iiWilliams.
SENATE BILL 254 WITH HOUSE AMENDMENT
Senator Ellis called SBi254 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Amendment
Amend SBi254 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to the sale of live animals in certain counties on a public highway or road, the right-of-way of a public highway or road, or a parking lot.
2576 80th Legislature — Regular Session 65th Day (Cont.)
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 285.001, Transportation Code, is amended to read as follows:
Sec.i285.001.iiREGULATION OF ROADSIDE VENDOR AND SOLICITOR.
To promote the public safety, the commissioners court of a county with a population
of more than 1.3 [2.2] million by order may regulate the following in the
unincorporated area of the county if they occur on a public highway or road, [in the
unincorporated area of the county or] in the right-of-way of a public [the] highway or
road, or in a parking lot:
(1)iithe sale of items by a vendor of food or merchandise, including live animals;
(2)iithe erection, maintenance, or placement of a structure by a vendor of food or merchandise, including live animals; and
(3)iithe solicitation of money.
SECTIONi2.iiThis Act takes effect September 1, 2007.
The amendment was read.
Senator Ellis moved to concur in the House amendment to SBi254.
The motion prevailed by the following vote:iiYeasi30, Naysi0.
Absent:iiWilliams.
SENATE BILL 361 WITH HOUSE AMENDMENT
Senator Janek called SBi361 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 361 (House committee printing) as follows:
(1)iiIn SECTION 1 of the bill, in amended Section 101.004(e), Election Code, strike Subdivision (1) (page 1, lines 10 through 14) and substitute the following:
(1)iithe applicant submits a federal postcard application to the early voting
clerk on or before the 20th [30th] day before election day; and
(2)iiIn SECTION 1 of the bill, in amended Section 101.004(i), Election Code (page 2, line 11 through page 3, line 2), strike the text and substitute the following:
application made under Subsection (e):
(1)iian application that does not contain a cancellation mark is considered to
be timely if it is received by the early voting clerk on or before the 15th [22nd] day
before election day; and
(2)iiif the 20th [30th] day before the date of an election is a Saturday,
Sunday, or legal state or national holiday, an application is considered to be timely if it
is submitted to the early voting clerk on or before the next regular business day.
The amendment was read.
Senator Janek moved to concur in the House amendment to SBi361.
The motion prevailed by the following vote:iiYeasi30, Naysi0.
Absent:iiWilliams.
Monday, May 21, 2007 SENATE JOURNAL 2577
SENATE BILL 387 WITH HOUSE AMENDMENT
Senator Carona called SBi387 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Amendment
Amend SBi387 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to loose material transported by vehicle.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 725.001, Transportation Code, is amended by amending Subdivision (2) and adding Subdivision (4-a) to read as follows:
(2)ii"Loose material" means material that can be blown or spilled from a vehicle because of movement or exposure to air, wind currents, or other weather. The term includes dirt, sand, gravel, refuse, and wood chips but excludes an agricultural product in its natural state.
(4-a)ii"Refuse" means trash, rubbish, garbage, or any other discarded material.
SECTIONi2.iiSection 725.002, Transportation Code, is amended to read as follows:
Sec.i725.002.iiAPPLICABILITY. This chapter applies to any motor vehicle,
trailer, or semitrailer operated on a public highway except[:
[(1)]iia vehicle or construction or mining equipment that is:
(1)i[(A)]iimoving between construction barricades on a public works project;
or
(2)i[(B)]iicrossing a public highway[; or
[(2)iia vehicle that is operated at a speed less than 30 miles per hour].
SECTIONi3.iiSubsection (a), Section 725.003, Transportation Code, is amended to read as follows:
(a)iiA person or the person's agent or employee may not transport loose
material[, aggregates, or refuse] in violation of this chapter.
SECTIONi4.iiSubsections (c) and (e), Section 725.021, Transportation Code, are amended to read as follows:
(c)iiExcept as provided by Subsection (e), the load shall be covered and the covering firmly secured at the front and back, unless the load:
(1)iiis completely enclosed by the load-carrying compartment; or
(2)iidoes not blow from or spill over the top of the load-carrying compartment.
(e)iiIf the vehicle is a commercial motor vehicle transporting loose material
[aggregates, as defined by Section 133.003, Natural Resources Code, or refuse], the
load shall be covered and the covering firmly secured at the front and back or shall be
completely enclosed by the load-carrying compartment. For purposes of this section,
"commercial motor vehicle" means a motor vehicle, trailer, or semitrailer used
primarily in the business of transporting property.
2578 80th Legislature — Regular Session 65th Day (Cont.)
SECTIONi5.iiThis Act takes effect September 1, 2007.
The amendment was read.
Senator Carona moved to concur in the House amendment to SBi387.
The motion prevailed by the following vote:iiYeasi30, Naysi0.
Absent:iiWilliams.
SENATE BILL 723 WITH HOUSE AMENDMENT
Senator Lucio called SBi723 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 723 by adding the following appropriately numbered SECTIONS to the bill and renumbering the subsequent SECTIONS as appropriate:
SECTIONi____.iiArticle 5.04, Code of Criminal Procedure, is amended by adding Subsection (a-1) to read as follows:
(a-1)iiA peace officer who investigates a family violence allegation or who responds to a disturbance call that may involve family violence shall determine whether the address of the persons involved in the allegation or call matches the address of a current licensed foster home or verified agency foster home listed in the Texas Crime Information Center.
SECTIONi____.iiArticle 5.05, Code of Criminal Procedure, is amended by amending Subsection (b) and adding Subsection (a-1) to read as follows:
(a-1)iiIn addition to the written report required under Subsection (a), a peace officer who investigates a family violence incident or who responds to a disturbance call that may involve family violence shall make a report to the Department of Family and Protective Services if the location of the incident or call, or the known address of a person involved in the incident or call, matches the address of a current licensed foster home or a verified agency foster home as listed in the Texas Crime Information Center. The report under this subsection may be made orally or electronically and must:
(1)iiinclude the information required by Subsection (a); and
(2)iibe filed with the Department of Family and Protective Services within 24 hours of the beginning of the investigation or receipt of the disturbance call.
(b)iiEach local law enforcement agency shall establish a departmental code for identifying and retrieving family violence reports as outlined in Subsection (a) of this section. A district or county attorney or an assistant district or county attorney exercising authority in the county where the law enforcement agency maintains records under this section is entitled to access to the records. The Department of Family and Protective Services is entitled to access the records relating to any person who is 14 years of age or older and who resides in a licensed foster home or a verified agency foster home.
SECTIONi____.iiSubchapter C, Chapter 42, Human Resources Code, is amended by adding Sections 42.0448 and 42.0449 to read as follows:
Monday, May 21, 2007 SENATE JOURNAL 2579
Sec.i42.0448.iiNOTIFICATION OF FAMILY VIOLENCE CALLS.iiThe department shall notify a child-placing agency of each family violence report the department receives under Article 5.05, Code of Criminal Procedure, that:
(1)iioccurred at an agency foster home verified by the child-placing agency; or
(2)iiinvolves a person who resides at an agency foster home verified by the child-placing agency.
Sec.i42.0449.iiREQUIRED ACTIONS AFTER NOTICE OF FAMILY VIOLENCE CALL.iiThe executive commissioner shall adopt rules specifying the actions that the department, an independent foster home, and a child-placing agency shall take after receiving notice of a family violence report under Article 5.05, Code of Criminal Procedure, or Section 42.0448 to ensure the health, safety, and welfare of each child residing in the licensed foster home or verified agency foster home.
SECTIONi____.iiSection 42.045, Human Resources Code, is amended by adding Subsection (d) to read as follows:
(d)iiAn independent foster home and a child-placing agency shall notify the department of any change of address for a licensed foster home or a verified agency foster home. The independent foster home and child-placing agency shall notify the department of the address change within the earlier of two business days or 72 hours of the date the foster home changes its address.
SECTIONi____.iiSubchapter C, Chapter 42, Human Resources Code, is amended by adding Section 42.0451 to read as follows:
Sec.i42.0451.iiDATABASE OF FOSTER HOMES; INFORMATION PROVIDED TO DEPARTMENT OF PUBLIC SAFETY. (a) The department shall maintain a database of licensed foster homes and verified agency foster homes including the current address for each licensed or verified home as reported to the department. The database must be updated on a regular basis.
(b)iiThe department shall make the database available to the Department of Public Safety for the purposes of Subsection (c).
(c)iiThe Department of Public Safety shall include the information provided under Subsection (b) in the Texas Crime Information Center database and establish a procedure by which a peace officer or employee of a law enforcement agency who provides the department with a street address is automatically provided information as to whether the address is licensed as a foster home or verified as an agency foster home under this chapter.
(d)iiInformation provided to the Department of Public Safety under this section is confidential and not subject to disclosure under Chapter 552, Government Code.
SECTIONi____.iiSubchapter C, Chapter 42, Human Resources Code, is amended by adding Section 42.0561 to read as follows:
Sec.i42.0561.iiINFORMATION RELATING TO FAMILY VIOLENCE REPORTS. Before the department may issue a license or registration for a foster home or a child-placing agency may issue a verification certificate for an agency foster home, the department or child-placing agency must obtain information relating to each family violence report at the applicant's residence to which a law enforcement agency responded during the 12 months preceding the date of the application. The applicant shall provide the information on a form prescribed by the department.
2580 80th Legislature — Regular Session 65th Day (Cont.)
SECTIONi____.iiThe Department of Family and Protective Services shall establish the database and a method for exchanging information required by Section 42.0451, Human Resources Code, as added by this Act, not later than September 1, 2008.
SECTIONi____.iiSection 42.0561, Human Resources Code, as added by this Act, applies to an application for a license, registration, or certificate made on or after the effective date of this Act. An application made before the effective date of this Act is governed by the law in effect on the date the application was made, and the former law is continued in effect for that purpose.
The amendment was read.
Senator Lucio moved to concur in the House amendment to SBi723.
The motion prevailed by the following vote:iiYeasi30, Naysi0.
Absent:iiWilliams.
SENATE BILL 1533 WITH HOUSE AMENDMENT
Senator Fraser called SBi1533 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Amendment
Amend SBi1533 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of certain state property from the Texas Department of Criminal Justice to Burnet County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.ii(a) Not later than November 1, 2007, the Texas Department of Criminal Justice shall transfer to Burnet County the real property described by Subsection (d) of this section.
(b)iiBurnet County shall use the property transferred under this Act only for a purpose that benefits the public interest of the state. If Burnet County no longer uses the property for a purpose that benefits the public interest of the state, ownership of the property automatically reverts to the Texas Department of Criminal Justice.
(c)iiThe Texas Department of Criminal Justice shall transfer the property by an appropriate instrument of transfer. The instrument of transfer must:
(1)iiinclude a provision that:
(A)iirequires Burnet County to use the property for a purpose that benefits the public interest of the state; and
(B)iiindicates that ownership of the property automatically reverts to the Texas Department of Criminal Justice if Burnet County no longer uses the property for a purpose that benefits the public interest of the state; and
(2)iidescribe the property to be transferred by metes and bounds.
(d)iiThe real property to which Subsection (a) of this section refers is described as follows:
Monday, May 21, 2007 SENATE JOURNAL 2581
Field notes of a 75.00 acre tract of land out of the 300.00 acre Texas Department of Criminal Justice Tract recorded in Cabinet 2, Slide 49-C of the Burnet County Plat Records also being out of the 300.00 acres conveyed to Texas Department of Criminal Justice in Volume 608, Page 19 of the Official Public Records of Burnet County, Texas. The basis of bearing for this survey is the recorded plat of said Texas Department of Criminal Justice Tract.
Beginning at a 1/2" steel stake found in the North right-of-way line of County Road 100 (Scenic Oaks Drive as shown on the plat of Oak Vista Subdivision recorded in Cabinet 1, Slides 183 C & D and 184 A & B of the Burnet County Plat Records, Burnet County, Texas) and the South line of that certain Tract No. 68 of said Oak Vista Subdivision for the Southwest corner of said 178.686 acre tract, the Southwest corner of said Texas Department of Criminal Justice Tract and the Southwest corner hereof;
Thence leaving the North right-of-way line of said County Road and the South line of said Tract No. 68 with the West line of said 300.00 acre tract, the West line of said Texas Department of Criminal Justice Tract and the West line hereof North 13801'53" West, at a distance of 3378.75 feet to a Cedar Fence Post Found in the South right-of-way line of Oak Vista Drive and the North line of Tract No. 59 of said Oak Vista Subdivision for the Northwest corner of said Texas Department of Criminal Justice Tract and the Northwest corner hereof;
Thence with the South right-of-way line of said Oak Vista Drive, the North line of said 300.00 acre tract, the North line of said Texas Department of Criminal Justice Tract, and the North line hereof with (2) calls as follows: North 76851'56" East, a distance of 698.12 feet (698.67) feet to a 1/2" steel stake found for an angle point hereof;
Thence North 76832'08" East, a distance of 268.15 feet to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877 for the Northeast corner of this 75.00 acre tract.
Thence along the East line of this 75.00 acre tract South 13801'53" East, a distance of 3380.60 feet to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877 in the North right-of-way line of said County Road 100 for the Southeast corner hereof, from which a 1/2" steel stake found bears North 76852'35" East, a distance of 482.76 feet;
Thence with the North right-of-way line of said Scenic Oaks Drive and the South line of said Texas Department of Criminal Justice Tract and the South line hereof with (2) calls as follows: South 76852'35" West, a distance of 686.48 feet to a 1/2" steel stake found for an angle point hereof;
Thence South 76854'09" West, a distance of 280.33 feet to the Place of Beginning.
THE ABOVE 75.00 ACRE TRACT BEING ACCOMPANIED BY THE FOLLOWING
70' WIDE ACCESS EASEMENT
Field notes of a 70.00 foot wide Access and Utility Easement being 5.92 acres out of
the 300.00 acre Texas Department of Criminal Justice Tract recorded in Cabinet 2,
Slide 49-C of the Burnet County Plat Records also being out of the 300.00 acres
conveyed to Texas Department of Criminal Justice in Volume 608, Page 19 of the
Official Public Records of Burnet County, Texas. The basis of bearing for this survey
is the recorded plat of said Texas Department of Criminal Justice Tract.
2582 80th Legislature — Regular Session 65th Day (Cont.)
Beginning at a 1/2" steel stake found lying on the East line of said 300.00 acre Texas Department of Criminal Justice Tract and at the Southwest corner of a 6.00 acre tract conveyed to Fluorine on Call, LTD. recorded in Volume 1034, Page 85 of the Official Public Records of Burnet County, Texas having a tie of N 12859'10" W, 944.99 feet to a 1/2" steel stake found at the Northeast corner of said 300.00 acre tract.
Thence along the East line of said 300.00 acre Texas Department of Criminal Justice
Tract and the west line of a 29.227 acre remnant of 170.290 acres conveyed to the
City of Burnet in Volume 565, Page 126 of the Official Public Records of Burnet
County, Texas also being the West end of Ellen Halbert Drive an unrecorded City of
Burnet street (L1) S13800'00"E S 12859'10" E, 72.69 feet to a 1/2" steel stake set
with plastic cap stamped R.P.L.S. 1877 lying on the East line of said 300.00 acre
Texas Department of Criminal Justice Tract and west line of said 29.237 acres.
Thence leaving the East line of said 300.00 acre Texas Department of Criminal Justice
Tract and along the Southerly line of this 70.00 foot wide Access Easement with 1/2"
steel stakes set with plastic cap stamped R.P.L.S. 1877 with the next eight (8) calls as
follows: (L2) N87821'03"W, 470.72 feet to a curve (C2) to the right having a radius of
235.00 feet, a delta angle of 74811'12", and a chord bearing and distance of S N
50815'28" E W, 283.46 feet.
Thence along said curve and arc distance of 304.28 feet to a point of tangency.
Thence (L4) N 13809'52" W, 235.10 feet to a curve (C4) to the left having a radius of 165.00 feet, a delta angle of 35820'14", and a chord bearing and distance of N 30849'58" W, 100.16 feet.
Thence along said curve and arc distance of 101.76 feet to a point of tangency.
Thence (L6) N 48830'05" W, 257.66 feet to a curve (C6) to the left having a radius of 165.00 feet, a delta angle of 48848'13", and a chord bearing and distance of N 79802'05" W, 136.33 feet. Thence along said curve an arc distance of 140.54 feet to a point of tangency.
Thence (L9) S 76833'50" W, 226.79 feet; (L11) S 76828'46" W, 1947.12 feet to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877 lying on the East line of the above described 75.00 acre tract.
Thence along the East line of said 75.00 acre tract, (L13) N 13801'53" W, 70.00 feet to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877 lying on the East line of said 75.00 acre tract and having a tie of N 13801'53" W, 461.55' to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877 being the Northeast corner of said 75.00 acre tract.
Thence leaving the East line of said 75.00 acre tract and along the Northerly line of this 70.00 foot wide Access Easement (L12) N 76828'46" E passing a cedar fence post found at an L corner of said 300.00 acres at 1328.57 feet in all 1946.58 feet to a 60 D nail in a cedar fence post found being an angle point on the north line of said 300.00 acre tract.
Thence along said north line (L8) N 76833'50" E, 226.84 feet to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877 and a curve (C5) to the right, having a radius of 235.00 feet, a delta angle of 49847'52", and a chord bearing and distance of S 78832'15" E, 197.88 feet.
Thence along said curve an arc distance of 204.25 feet to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877.
Monday, May 21, 2007 SENATE JOURNAL 2583
Thence (L5) S 48830'05" E, 261.08 feet to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877 and a curve (C3) to the right having a radius of 235.00 feet, a delta angle of 35820'13", and a chord bearing and distance of S 30849'58" E, 142.65 feet.
Thence along said curve an arc distance of 144.94 feet to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877.
Thence (L7) S 13809'52" E, 235.10 feet to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877 and a curve (C1) to the left having a radius of 165.00 feet, a delta angle of 74811'13", and a chord bearing and distance of S 50815'28" E, 199.03 feet.
Thence along said curve an arc distance of 213.64 to a 1/2" steel stake set with plastic cap stamped R.P.L.S. 1877.
Thence (L3) S 87821'03" E, 451.12 feet for the Point of Beginning.
(e)iiThe Texas Department of Criminal Justice shall grant to Burnet County certain utility easements to the real property described in Subsection (d) of this section. Utility easements shall be mutually beneficial and agreed upon by the Texas Department of Criminal Justice and Burnet County.
SECTIONi2.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.
The amendment was read.
Senator Fraser moved to concur in the House amendment to SBi1533.
The motion prevailed by the following vote:iiYeasi30, Naysi0.
Absent:iiWilliams.
SENATE BILL 1153 WITH HOUSE AMENDMENT
Senator Carona called SBi1153 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Amendment
Amend SBi1153 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to the use of title insurance to insure certain interests in personal property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiTitle 11, Insurance Code, is amended by adding Subtitle F to read as follows:
2584 80th Legislature — Regular Session 65th Day (Cont.)
SUBTITLE F. TITLE INSURANCE FOR CERTAIN
PERSONAL PROPERTY INTERESTS
CHAPTER 2751. TITLE INSURANCE FOR PERSONAL
PROPERTY INTERESTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec.i2751.001.iiGENERAL DEFINITIONS. (a) The definitions under Sections 2501.003(2)-(5), (7), (10), and (12)-(14) apply to the regulation of title insurance under this chapter.
(b)iiIn this subtitle, a term not defined under Subsection (a) that is used in Chapter 9, Business & Commerce Code, has the meaning assigned by that code.
Sec.i2751.002.iiDEFINITIONS OF PERSONAL PROPERTY AND PERSONAL PROPERTY TITLE INSURANCE. In this subtitle:
(1)ii"Personal property" has the meaning assigned by Section 1.04, Tax Code.
(2)ii"Personal property title insurance" means coverage that insures:
(A)iiwhether affirming or negating, one or more of the elements of attachment, perfection, or priority of a security interest in personal property or fixtures;
(B)iithe results, as to correctness, completeness, or other criteria, of a search of:
(i)iithe filing office of the financing statement record of a debtor; or
(ii)iiany other database, whether publicly or privately maintained, such as court dockets, tax records, motor vehicle department records, or the records of the Federal Aviation Administration as to aircraft, the United States Coast Guard as to vessels, or the United States Department of Transportation;
(C)iithe status of ownership of, rights in, powers to transfer rights in, or title with respect to personal property or fixtures;
(D)iithe effectiveness of the filing of a financing statement with a filing office, or any other record with any publicly maintained database or registry;
(E)iithe lien status of personal property or fixtures, or compliance with Title 1, Business & Commerce Code, the Uniform Commercial Code, international conventions such as the United Nations Commission on International Trade Law (UNCITRAL), or similar laws or regulations; or
(F)iiany of the matters covered by Paragraphs (A)-(E) with respect to the laws of any other domestic or foreign jurisdiction.
Sec.i2751.003.iiAPPLICABILITY OF OTHER LAWS. (a) Except as provided by Subsection (b), this code, other than this chapter, does not apply to the business of personal property title insurance.
(b)iiThe following laws apply to the business of personal property title insurance:
(1)iiSection 2501.005, other than Subsections (a)(2)(A)-(C) of that section;
(2)iiSection 2501.007;
(3)iiSection 2502.001;
(4)iiSections 2502.051, 2502.053, and 2502.055;
(5)iiChapter 2551;
(6)iiChapter 2553;
(7)iiChapter 2601;
Monday, May 21, 2007 SENATE JOURNAL 2585
(8)iiChapter 2651;
(9)iiChapter 2652;
(10)iiSection 2701.002;
(11)iiChapter 2703, except to the extent of any conflict with Subchapter B of this chapter;
(12)iiSection 2704.001, other than Subdivisions (1) and (2) of that section;
(13)iiSection 2704.002; and
(14)iiSection 2704.004.
Sec.i2751.004.iiGENERAL RULES. The commissioner, in the manner prescribed by Subchapter A, Chapter 36, shall adopt rules as necessary to implement and enforce this chapter.
[Sections 2751.005-2751.050 reserved for expansion]
SUBCHAPTER B. RATES AND FORMS
Sec.i2751.051.iiFIXING AND PROMULGATING PREMIUM RATES AND FORMS. (a) The commissioner shall, in the manner prescribed by this subchapter:
(1)iifix and promulgate the premium rates to be charged by a title insurance company or by a title insurance agent for personal property title insurance policies under this chapter; and
(2)iiprescribe the forms to be used in connection with those policies.
(b)iiA premium may not be charged for a personal property title insurance policy or for another prescribed or approved form at a rate different than the rate fixed and promulgated by the commissioner.
(c)iiThe commissioner may not limit the number of forms for personal property title insurance if the forms meet the requirements of this title.
Sec.i2751.052.iiFACTORS CONSIDERED IN FIXING PREMIUM RATES. (a) In fixing premium rates, the commissioner shall consider all relevant income and expenses of title insurance companies and title insurance agents attributable to engaging in the business of personal property title insurance in this state.
(b)iiThe premium rates fixed by the commissioner must be reasonable, adequate, not unfairly discriminatory, nonconfiscatory, and not excessive.
Sec.i2751.053.iiHEARING REQUIRED. (a) Before a premium rate may be fixed and forms adopted for personal property title insurance under this chapter, the department must provide reasonable notice and a hearing must be afforded to title insurance companies, title insurance agents, and the public.
(b)iiA hearing under this section is subject to Subchapter B, Chapter 40, and is handled as a contested case under Chapter 2001, Government Code, in the manner prescribed by that subchapter.
Sec.i2751.054.iiCOMMISSIONER ORDER. (a) Not later than the 90th day after the date of a hearing under Section 2751.053, the commissioner shall issue an order prescribing the rates and forms to be used in connection with personal property title insurance policies under this chapter.
(b)iiThe commissioner's order promulgating rates must be based on the evidence adduced at the hearing.
Sec.i2751.055.iiREVISIONS TO RATES AND FORMS; HEARING. (a) A title insurance company may apply to the department in the manner prescribed by the commissioner for approval of a new or revised personal property title insurance form
2586 80th Legislature — Regular Session 65th Day (Cont.)
(b)iiA hearing under this section must be conducted not later than the 60th day after the date on which the department receives the application.
(c)iiThe commissioner shall approve or disapprove the application not later than the 90th day after the date of the hearing under Subsection (a).
[Sections 2751.056-2751.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES OF INSURERS AND AGENTS
Sec.i2751.101.iiISSUANCE OF POLICIES. A title insurance company may issue a personal property title insurance policy in this state if the policy covers personal property or fixtures, or a secured party or other insured, or a debtor, located in this state.
Sec.i2751.102.iiUSE OF FORMS. (a) A title insurance company or title insurance agent shall use the forms prescribed by the commissioner in issuing a personal property title insurance policy.
(b)iiUnless authorized by rule adopted by the commissioner, an insurer may not enter into a contract or other agreement concerning a personal property title insurance policy if the contract or other agreement is not expressed in the policy. A contract or agreement prohibited by this subsection is void.
Sec.i2751.103.iiAGENTS. A title insurance agent or direct operation may accept orders for insurance products authorized under this chapter. The agent or direct operation shall act according to the authority granted to the agent or direct operation by the title insurance company issuing the product.
Sec.i2751.104.iiAGENT COMPENSATION. (a) The title insurance company that issues a personal property title insurance policy shall pay the title insurance agent that places the order for the policy a total commission equal to 30 percent of the premium charged for the personal property title insurance or personal property title insurance product authorized under this chapter.
(b)iiNotwithstanding Subsection (a), a title insurance company may not pay a commission to a title insurance agent for an application for coverage that is placed with the title insurance company directly.
(c)iiA commission paid under Subsection (a) does not constitute a violation of Section 2502.051.
SECTIONi2.iiSection 2501.002(a), Insurance Code, is amended to read as follows:
(a)iiThe purpose of this title is to completely regulate the business of title insurance on real property and, as described by Subtitle F, on personal property, including the direct issuance of policies and the reinsurance of any assumed risks, to:
(1)iiprotect consumers and purchasers of title insurance policies; and
(2)iiprovide adequate and reasonable rates of return for title insurance companies and title insurance agents.
SECTIONi3.iiSection 2501.003(12), Insurance Code, is amended to read as follows:
(12)ii"Title insurance" means:
Monday, May 21, 2007 SENATE JOURNAL 2587
(A)iiinsurance that insures, guarantees, or indemnifies an owner of real property, or another interested in the real property, against loss or damage resulting from:
(i)iia lien or encumbrance on or defect in the title to the real property; or
(ii)iithe invalidity or impairment of a lien on the real property; [or]
(B)iipersonal property title insurance, as defined by Chapter 2751; or
(C)iiany business that is substantially equivalent to the insurance
described by Paragraphs (A) and (B) [Paragraph (A)] and is conducted in a manner
designed to evade the provisions of this title.
SECTIONi4.iiSection 2551.001(e), Insurance Code, is amended to read as follows:
(e)iiThis title does not regulate the practice of law by an attorney. The actions of an attorney in examining title, in examining records regarding an interest insured under Chapter 2751, or in closing a real property or personal property transaction, regardless of whether a title insurance policy is issued, does not constitute the business of title insurance, unless the attorney elects to be licensed as an escrow officer.
SECTIONi5.iiSection 2551.051(a), Insurance Code, is amended to read as follows:
(a)iiA private corporation may be created and licensed under this title for the following purposes:
(1)iito compile and own or lease, or to acquire and own or lease, records or
abstracts of title to real property or interests in real property in this state or other
jurisdictions, to insure titles to that real property or interests in that real property, and
to indemnify the owners of that real property, or the holders of interests in or liens on
that real property, against loss or damage resulting from an encumbrance on or defect
in the title to the real property or interests in the real property; [and]
(2)iiin transactions in which title insurance is to be or is being issued, to
supervise or approve the signing of legal instruments affecting the interest to be
insured [real property titles], disbursement of money, prorations, delivery of legal
instruments, closing of transactions, or issuance of commitments for title insurance
specifying the requirements for title insurance and the defects in title necessary to be
cured or corrected; and
(3)iito issue personal property title insurance under Chapter 2751.
SECTIONi6.iiSection 2551.302, Insurance Code, is amended to read as follows:
Sec.i2551.302.iiREQUIREMENTS FOR REINSURING POLICIES. A title insurance company may reinsure any of its policies and contracts issued on real property located in this state or on policies and contracts issued in this state under Chapter 2751, if:
(1)iithe reinsuring title insurance company is authorized to engage in business in this state under this title; and
(2)iithe department first approves the form of the reinsurance contract.
SECTIONi7.iiSection 2551.304, Insurance Code, is amended to read as follows:
2588 80th Legislature — Regular Session 65th Day (Cont.)
Sec.i2551.304.iiACCEPTANCE OF REINSURANCE. A title insurance company may accept a reinsurance risk on real property located in this state or on interests described by Section 2751.002(2) only from an authorized title insurance company.
SECTIONi8.iiThe State Office of Administrative Hearings shall conduct the initial hearing required by Section 2751.053, Insurance Code, as added by this Act, not later than November 1, 2007.
SECTIONi9.iiThis Act applies only to a title insurance policy or contract delivered, issued for delivery, or renewed on or after January 1, 2008. A policy or contract delivered, issued for delivery, or renewed before January 1, 2008, is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.
SECTIONi10.iiThis Act takes effect September 1, 2007.
The amendment was read.
Senator Carona moved to concur in the House amendment to SBi1153.
The motion prevailed by the following vote:iiYeasi30, Naysi0.
Absent:iiWilliams.
SENATE BILL 1828 WITH HOUSE AMENDMENTS
Senator Whitmire called SBi1828 from the President's table for consideration of the House amendments to the bill.
The Presiding Officer, Senator Brimer in Chair, laid the bill and the House amendments before the Senate.
Amendment No. 2 on Third Reading
Amend SB 1828 on third reading on page 2 as follows:
1. On line 14 between the word "permit" and the period insert:
, except as provided by rules adopted by the commission under Section 5.31
2. After line 14 insert a new subsection (g) to read as follows:
(g) In this section "transaction scan device" includes an electronic age verification system authorized by commission rule operated in conjunction with a point of sale terminal that scans the purchaser's drivers license or identification certificate upon enrollment, associates the purchaser's personal identifying information, as defined by Section 48.002(1)(C), Business and Commerce Code, with the purchaser's license or identification certificate information and is capable of allowing a seller to verify a purchaser's age solely by accessing the data and information.
Amendment No. 3 on Third Reading
Amend SB 1828 on third reading after line 16 by inserting a new subsection (b-1) to read as follows:
(b-1) Information retained may be printed to hard copy with a time and date confirmation from the transaction scan device or transferred to an electronic encrypted data storage or electronic record. After printing or transferring data, the transaction
Monday, May 21, 2007 SENATE JOURNAL 2589
The amendments were read.
Senator Whitmire moved to concur in the House amendments to SBi1828.
The motion prevailed by the following vote:iiYeasi30, Naysi0.
Absent:iiWilliams.
SENATE BILL 1263 WITH HOUSE AMENDMENT
Senator Carona, on behalf of Senator Brimer, called SBi1263 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Amendment
Amend SBi1263 by substituting in lieu thereof the following:
A BILL TO BE ENTITLED
AN ACT
relating to regulation and licensing of certain insurance agents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. LICENSING OF CERTAIN INSURANCE AGENTS
SECTIONi1.01.iiChapter 4051, Insurance Code, is amended by adding Subchapter I to read as follows:
SUBCHAPTER I. PERSONAL LINES PROPERTY AND CASUALTY AGENT
Sec.i4051.401.iiPERSONAL LINES PROPERTY AND CASUALTY LICENSE; LICENSE REQUIRED. A person is required to hold a personal lines property and casualty license if the person acts as:
(1)iian agent who writes property and casualty insurance sold to individuals and families primarily for personal or household use for an insurer authorized to engage in the business of property and casualty insurance in this state; or
(2)iia subagent of a person who holds a license as an agent under this subchapter who solicits and binds insurance risks for that agent.
Sec.i4051.402.iiAUTHORITY TO WRITE ADDITIONAL LINES. (a) A person who holds a personal lines property and casualty license may write the kind of insurance contracts described by:
(1)iithis subchapter;
(2)iiSubchapters C and E; and
(3)iiChapter 4055.
(b)iiIn addition to any of the insurance contracts described by Subsection (a), a person who holds a personal lines property and casualty license may write accident and health insurance contracts for individuals and families for personal, family, or household purposes for a property and casualty insurer authorized to sell those insurance products in this state.
2590 80th Legislature — Regular Session 65th Day (Cont.)
Sec.i4051.403.iiPERSONAL LINES INCLUDED IN GENERAL PROPERTY AND CASUALTY LICENSE. Notwithstanding Section 4051.401, a person who holds a general property and casualty license under Subchapter B may write the kinds of insurance described by this subchapter.
Sec.i4051.404. FEES. Section 4001.006 applies to all fees collected under this subchapter.
SECTIONi1.02.iiChapter 4054, Insurance Code, is amended by adding Subchapter G to read as follows:
SUBCHAPTER G. LIFE AGENT
Sec.i4054.301.iiLICENSE REQUIRED. (a) Except as provided by Subsection (b), a person is required to hold a life agent license if the person does not hold a general life, accident, and health license under Subchapter B and the person acts as:
(1)iian agent who writes insurance coverage on human lives, including endowment benefits and annuities, benefits in the event of death or dismemberment by accident, and benefits for disability income;
(2)iian industrial life insurance agent for an insurer that writes only weekly premium life insurance on a debit basis under Chapter 1151;
(3)iian agent who writes fixed or variable annuity contracts or variable life contracts;
(4)iian agent who writes for a stipulated premium company only life insurance in excess of $15,000 on any one life; or
(5)iian agent who writes any other kind of insurance as required by the commissioner for the protection of the insurance consumers of this state.
(b)iiA person who holds a limited license under Subchapter C and who engages in the business of insurance only within the scope of that license is not required to hold a life agent license. A person who holds a life agent license may write the insurance described by that subchapter.
(c)iiA person who holds a funeral prearrangement life insurance license under Subchapter D and who engages in the business of insurance only within the scope of that license is not required to hold a life agent license. A person who holds a life agent license may write the insurance described by that subchapter.
(d)iiA person who holds a license to write life insurance not exceeding $15,000 under Subchapter E and who engages in the business of insurance only within the scope of that license is not required to hold a life agent license. A person who holds a life agent license may write the insurance described by that subchapter.
(e)iiThis subchapter does not apply to a person who holds a specialty license under Chapter 4055 and who engages in the business of insurance only within the scope of the specialty license.
Sec.i4054.302.iiAUTHORITY TO WRITE SPECIFIED COVERAGES. A person who holds a license under this subchapter may write only insurance described by Sections 4054.301(a)-(d).
Sec.i4054.303.iiAPPLICABILITY OF CERTAIN REQUIREMENTS. Except as otherwise provided by this code, the provisions of this title that apply to the holder of a general life, accident, and health license apply to the holder of a license issued under this subchapter.
Monday, May 21, 2007 SENATE JOURNAL 2591
Sec.i4054.304. FEES. Section 4001.006 applies to all fees collected under this subchapter.
ARTICLE 2. CONFORMING AMENDMENTS
SECTIONi2.01.iiSection 523.152(a), Insurance Code, is amended to read as follows:
(a)iiAn originating agent shall share commissions with an issuing agent as required by the market assistance program plan of operation if the originating agent holds a license as:
(1)iia general property and casualty agent or a personal lines property and casualty agent; or
(2)iia salaried representative for one or more insurers whose plan of operation does not contemplate the use of general property and casualty agents or personal lines property and casualty agents.
SECTIONi2.02.iiSection 549.053(b), Insurance Code, is amended to read as follows:
(b)iiSubsection (a) does not:
(1)iiapply if the borrower provides the lender with specific written authority permitting or directing the particular use or disclosure of information before the use or disclosure occurs; or
(2)iiprevent a lender who is a licensed general property and casualty agent or a personal lines property and casualty agent from selling insurance to a borrower.
SECTIONi2.03.iiSection 549.055, Insurance Code, is amended to read as follows:
Sec.i549.055.iiINSURANCE BINDER AS EVIDENCE OF INSURANCE. (a) A lender that requires a borrower to secure insurance coverage before the lender will provide a residential mortgage or commercial real estate loan must accept an insurance binder as evidence of the required insurance and may not require the borrower to provide an original insurance policy instead of a binder if:
(1)iithe binder is issued by a licensed general property and casualty agent or a personal lines property and casualty agent who is appointed to represent the insurer whose name appears on the binder and who is authorized to issue binders;
(2)iithe binder is accompanied by evidence of payment of the required premium; and
(3)iithe binder will be replaced by an original insurance policy for the required coverage on or before the 30th day after the date the binder is issued.
(b)iiA [general] property and casualty agent who issues an insurance binder
under Subsection (a) must, on request, provide the lender with appropriate evidence
for purposes of Subsection (a)(1).
SECTIONi2.04.iiSection 549.056(e), Insurance Code, is amended to read as follows:
(e)iiExcept as provided by this subsection, this subchapter does not prevent a
lender from requiring, at or before the time of delivery to the lender of an insurance
policy by a general property and casualty agent or a personal lines property and
casualty agent or by the insurer, [of an insurance policy to the lender] a written
statement from the borrower designating the agent or insurer as the borrower's agent
2592 80th Legislature — Regular Session 65th Day (Cont.)
SECTIONi2.05.iiSection 559.001(2), Insurance Code, is amended to read as follows:
(2)ii"Agent" means a person licensed or required to be licensed as a general property and casualty insurance agent or a personal lines property and casualty agent under Chapter 4051.
SECTIONi2.06.iiThe heading to Section 651.008, Insurance Code, is amended to read as follows:
Sec.i651.008.iiAUTHORITY OF CERTAIN [GENERAL] PROPERTY AND
CASUALTY AGENTS TO CHARGE INTEREST TO CERTAIN PERSONS.
SECTIONi2.07.iiSection 651.008(a), Insurance Code, is amended to read as follows:
(a)iiNotwithstanding any other law, a general property and casualty agent or a personal lines property and casualty agent who holds a license under Chapter 4051 may enter into a written agreement with a purchaser of insurance from the agent that provides for the payment of interest to the agent on any amount due to the agent for the insurance purchased. The interest is computed at a rate not to exceed the greater of:
(1)iia rate allowed by Chapter 303, Finance Code; or
(2)iithe rate of one percent a month.
SECTIONi2.08.iiSection 885.351, Insurance Code, is amended to read as follows:
Sec.i885.351.iiAGENTS. (a) A fraternal benefit society may appoint an agent
licensed by the department under Chapter 4054 [Article 21.07-1] to sell benefits listed
under Section 885.301(a) to society members.
(b)iiExcept as provided by Section 885.352, a person may not solicit or procure
benefit contracts for a fraternal benefit society unless the person is licensed as a
general life, accident, and health agent or a life agent under Chapter 4054 [Article
21.07-1].
(c)iiThe licensing and regulation of agents for fraternal benefit societies is
subject to Title 13 [Subchapter A, Chapter 21,] and other laws regulating those agents.
SECTIONi2.09.iiSection 981.203(a), Insurance Code, is amended to read as follows:
(a)iiThe department may issue a surplus lines license to an applicant who the department determines complies with Subsection (b) and is:
(1)iian individual who:
(A)iihas passed an examination under Chapter 4002 [Article 21.01-1]
and department rules; and
(B)iiholds a current license as:
(i)iia general property and casualty agent authorized under Chapter
4051 [Article 21.14]; or
(ii)iia managing general agent; or
(2)iia corporation, limited liability company, or partnership that:
Monday, May 21, 2007 SENATE JOURNAL 2593
(A)iihas at least one officer or director or at least one active partner who has passed the required surplus lines license examination;
(B)iiholds a current license as:
(i)iia general property and casualty agent authorized under Chapter
4051 [Article 21.14]; or
(ii)iia managing general agent; and
(C)iiconducts insurance activities under this chapter only through an individual licensed under this section.
SECTIONi2.10.iiSection 981.220, Insurance Code, is amended to read as follows:
Sec.i981.220.iiMANAGING GENERAL AGENTS; LIMITED AUTHORITY
OF CERTAIN AGENTS. [(a) A managing general agent is not required to hold a local
recording agent license to be eligible to receive a surplus lines license.
[(b)] A surplus lines license granted to a managing general agent who is not also
licensed under Chapter 4051 [Article 21.14] is limited to the acceptance of business
originating through a licensed general property and casualty agent. The license does
not authorize the agent to engage in business directly with the insurance applicant.
SECTIONi2.11.iiSection 1152.151, Insurance Code, is amended to read as follows:
Sec.i1152.151.iiAGENT'S LICENSE REQUIRED. (a) A person may not sell or
offer for sale in this state a variable contract, or act to negotiate, make, or consummate
a variable contract for another, unless the department has licensed the person under
Chapter 4054 [Article 21.07-1] as a general life, accident, and health agent or a life
agent.
(b)iiThe licensing and regulation of a person acting as a variable contract agent is
subject to the same provisions applicable to the licensing and regulation of other
agents under Title 13 [Subchapter A, Chapter 21].
SECTIONi2.12.iiSection 1505.005(b), Insurance Code, is amended to read as follows:
(b)iiA person licensed as a general life, accident, and health agent under Chapter
4054, [or] as a general property and casualty agent under Chapter 4051 authorized to
write health and accident insurance under Section 4051.053, or as a personal lines
property and casualty agent authorized to write health and accident insurance under
Section 4051.402, [or 4054] may act in the licensed capacity in connection with an
insurance policy or a certificate of insurance issued by an unincorporated association,
trust, or other organization formed under Subsection (a). The agent is not required to
notify the department that the person has been appointed to act for that purpose.
SECTIONi2.13.iiSection 2151.053, Insurance Code, is amended to read as follows:
Sec.i2151.053.iiMEMBERSHIP OF GOVERNING COMMITTEE. The governing committee is composed of 15 members selected as follows:
(1)iieight members who represent the interests of insurers, elected by the association members according to a method the members determine;
(2)iifive public members, nominated by the office of public insurance counsel and selected by the commissioner; and
2594 80th Legislature — Regular Session 65th Day (Cont.)
(3)iitwo members who are general or personal lines property and casualty agents, as required by the plan of operation.
SECTIONi2.14.iiSection 2210.102(a), Insurance Code, is amended to read as follows:
(a)iiThe board of directors is composed of the following nine members:
(1)iifive representatives of different insurers who are members of the association, elected by the members as provided by the plan of operation;
(2)iitwo public representatives who are nominated by the office of public insurance counsel and who, as of the date of the appointment:
(A)iireside in a catastrophe area; and
(B)iiare policyholders of the association; and
(3)iitwo [general] property and casualty agents, each of whom must:
(A)ii[who] have demonstrated experience in the association; [and]
(B)iimaintain the agent's [whose] principal office [offices], as of the date
of the appointment, [are located] in a catastrophe area; and
(C)iihold a license under Chapter 4054 as a general property and casualty agent or a personal lines property and casualty agent.
SECTIONi2.15.iiSection 2210.202(b), Insurance Code, is amended to read as follows:
(b)iiA general property and casualty agent or a personal lines property and casualty agent must submit an application for the insurance coverage on behalf of the applicant on forms prescribed by the association. The application must contain a statement as to whether the applicant has submitted or will submit the premium in full from personal funds or, if not, to whom a balance is or will be due.
SECTIONi2.16.iiSection 2210.204(d), Insurance Code, is amended to read as follows:
(d)iiIf an insured requests cancellation of the insurance coverage, the association
shall refund the unearned premium payable to the insured and the holder of an unpaid
balance. The [general] property and casualty agent who submitted the application
shall refund the agent's commission on any unearned premium in the same manner.
SECTIONi2.17.iiSection 2211.154(b), Insurance Code, is amended to read as follows:
(b)iiA general property and casualty agent or personal lines property and casualty agent may make an application on behalf of the applicant. The applicant or agent must submit the application on a form prescribed by the association.
SECTIONi2.18.iiSection 4001.205(a), Insurance Code, is amended to read as follows:
(a)iiA general life, accident, and health agent, life insurance agent, [or a] general
property and casualty agent, or personal lines property and casualty agent appointed
by an insurer authorized to engage in the business of insurance in this state shall
notify the department on a form prescribed by the department if the agent appoints a
subagent. The notice must be accompanied by a nonrefundable fee in an amount set
by the department.
SECTIONi2.19.iiSection 4002.003(a), Insurance Code, is amended to read as follows:
Monday, May 21, 2007 SENATE JOURNAL 2595
(a)iiThe department may not require a person to take an examination under this chapter if the person is:
(1)iian applicant for the renewal of an unexpired license issued by the department;
(2)iian applicant whose license issued by the department expired less than one year before the date of the application, if the previous license was not denied, revoked, or suspended by the commissioner;
(3)iia partnership, corporation, or depository institution;
(4)iian applicant for a life, accident, and health license who is designated as a chartered life underwriter (CLU);
(5)iian applicant for a life and health insurance counselor license who is designated as a chartered life underwriter (CLU), chartered financial consultant (ChFC), or certified financial planner (CFP);
(6)iian applicant for a property and casualty license who is designated as a chartered property casualty underwriter (CPCU);
(7)iian applicant for a specialty license issued under Chapter 4055;
(8)iia nonresident individual who is exempt from the examination requirement under Chapter 4056; or
(9)iian applicant for a general life, accident, and health license or a life agent license who was authorized to solicit or procure insurance on behalf of a fraternal benefit society on September 1, 1999, if the applicant:
(A)iisolicited or procured insurance on behalf of the fraternal benefit society for at least 24 months preceding September 1, 1999; and
(B)iidoes not, on or after September 1, 1999, solicit or procure:
(i)iiinsurance for any other insurer or a different fraternal benefit society;
(ii)iian insurance contract from anyone other than a person who is eligible for membership in the fraternal benefit society; or
(iii)iian interest-sensitive life insurance contract that exceeds $35,000 of coverage on an individual life, unless the applicant is designated as a "Fraternal Insurance Counselor" at the time the contract is solicited or procured.
SECTIONi2.20.iiSection 4004.053(a), Insurance Code, is amended to read as follows:
(a)iiAn individual who holds a general life, accident, and health license, a life
agent license, a life and health insurance counselor license, [or] a general property and
casualty license, or a personal lines property and casualty license must complete 15
hours of continuing education annually. If the individual holds more than one license
for which continuing education is otherwise required, the individual is not required to
complete more than 15 continuing education hours annually.
SECTIONi2.21.iiSection 4005.002(a), Insurance Code, is amended to read as follows:
(a)iiIn connection with a client's application for insurance coverage or with [,]
the issuance of an insurance policy to a client, or on a client's request, a general
property and casualty agent or personal lines property and casualty agent may obtain:
(1)iithe motor vehicle record of a person insured under or to be insured under an insurance policy; or
2596 80th Legislature — Regular Session 65th Day (Cont.)
(2)iia photograph of property insured under or to be insured under an insurance policy.
SECTIONi2.22.iiSection 4005.003, Insurance Code, is amended to read as follows:
Sec.i4005.003.iiFEES. (a) A general property and casualty agent or personal lines property and casualty agent may charge a client a fee to reimburse the agent for costs the agent incurred in obtaining a motor vehicle record or photograph of property described under Section 4005.002. The fee may not exceed the actual costs to the agent.
(b)iiFor services provided to a client, a [general] property and casualty agent
described by Subsection (a) may charge a reasonable fee, including a fee for:
(1)iispecial delivery or postal charges;
(2)iiprinting or reproduction costs;
(3)iielectronic mail costs;
(4)iitelephone transmission costs; and
(5)iisimilar costs that the agent incurs on behalf of the client.
(c)iiA [general] property and casualty agent described by Subsection (a) may
charge a client a fee under this section only if, before the agent incurs an expense for
the client, the agent:
(1)iinotifies the client of the agent's fee; and
(2)iiobtains the client's written consent for each fee to be charged.
SECTIONi2.23.iiSection 4051.001, Insurance Code, is amended to read as follows:
Sec.i4051.001.iiAPPLICABILITY OF CHAPTER. (a) This subchapter and
Subchapters B-E, [and] G, and I apply to each agent of an insurer authorized to
engage in the business of property and casualty insurance in this state.
(b)iiThis subchapter and Subchapters B-E, [and] G, and I apply to each person
who performs the acts of an agent, as described by Section 4001.051, whether through
an oral, written, electronic, or other form of communication, by soliciting, negotiating,
procuring, or collecting a premium on an insurance contract offered by any kind of
insurer authorized to engage in the business of property and casualty insurance in this
state, including:
(1)iia fidelity or surety company;
(2)iia mutual insurance company, including a farm mutual or a county mutual;
(3)iia reciprocal or interinsurance exchange; and
(4)iia Lloyd's plan.
SECTIONi2.24.iiSection 4051.051, Insurance Code, is amended to read as follows:
Sec.i4051.051.iiLICENSE REQUIRED. (a) A person is required to hold a general property and casualty license if the person acts as:
(1)iian agent who writes property and casualty insurance for an insurer authorized to engage in the business of property and casualty insurance in this state;
(2)iia subagent of a person who holds a license as an agent under this chapter who solicits and binds insurance risks for that agent; or
Monday, May 21, 2007 SENATE JOURNAL 2597
(3)iian agent who writes any other kind of insurance as required by the commissioner for the protection of the insurance consumers of this state.
(b)iiNotwithstanding Subsection (a), a person is not required to hold a general property and casualty license to engage in an activity described by Subsection (a) if the person:
(1)iiholds a license under this chapter as a personal lines property and casualty agent; and
(2)iilimits activities described by Subsection (a) to those activities authorized under the scope of the person's license.
SECTIONi2.25.iiSection 4053.002, Insurance Code, is amended to read as follows:
Sec.i4053.002.iiEXCEPTION. An agent licensed under Subchapter E, [of]
Chapter 981, Subchapters B-E or I, [of] Chapter 4051, or Chapter 4056 is not a
managing general agent unless the agent accepts 50 percent or more of the agent's
total annual business or does $500,000 or more of total annual business as measured
by premium volume, whichever amount is less, from insurance policies produced and
sold by other agents.
SECTIONi2.26.iiSection 4053.101, Insurance Code, is amended to read as follows:
Sec.i4053.101.iiGENERAL POWERS AND DUTIES. A managing general agent acting for an insurer may:
(1)iireceive and pass on daily reports and monthly accounts;
(2)iireceive and be responsible for agency balances;
(3)iihandle the adjustment of losses; or
(4)iiappoint or direct general property and casualty agents and personal lines property and casualty agents in this state.
SECTIONi2.27.iiSection 4054.051, Insurance Code, is amended to read as follows:
Sec.i4054.051.iiLICENSE REQUIRED. Except as provided by Subchapter G, a
[A] person is required to hold a general life, accident, and health license if the person
acts as:
(1)iian agent who represents a health maintenance organization;
(2)iian industrial life insurance agent for an insurer that writes only weekly premium life insurance on a debit basis under Chapter 1151;
(3)iian agent who writes life, accident, and health insurance for a life insurance company;
(4)iian agent who writes only accident and health insurance;
(5)iian agent who writes fixed or variable annuity contracts or variable life contracts;
(6)iian agent who writes for a stipulated premium company:
(A)iionly life insurance in excess of $15,000 on any one life;
(B)iionly accident and health insurance; or
(C)iiboth kinds of insurance described by Paragraphs (A) and (B);
(7)iian agent who writes life, accident, and health insurance for any type of authorized life insurance company that is domiciled in this state, including a legal reserve life insurance company, and who represents the company:
2598 80th Legislature — Regular Session 65th Day (Cont.)
(A)iiin a foreign country or territory; and
(B)iion a United States military installation or with United States military personnel;
(8)iian agent who writes life, accident, and health insurance for a fraternal benefit society except as provided by Section 885.352; or
(9)iian agent who writes any other kind of insurance as required by the commissioner for the protection of the insurance consumers of this state.
SECTIONi2.28.iiSection 4054.052(b), Insurance Code, is amended to read as follows:
(b)iiA person may not act as a combination life insurance agent for a combination company unless the person holds a general life, accident, and health license or a life agent license.
SECTIONi2.29.iiSection 4055.013, Insurance Code, is amended to read as follows:
Sec.i4055.013.iiASSIGNMENT AND TRANSFER OF COMPENSATION BY
CERTAIN AGENTS. A person who is licensed as a general life, accident, and health
agent, life insurance agent, [or as a] general property and casualty agent, or personal
lines property and casualty agent or who holds a substantially equivalent license under
this code, as determined by the commissioner, and who enters into a contract with an
insurer to act as the insurer's agent in soliciting or writing policies or certificates of
insurance that are subject to this chapter may assign and transfer to the agent's
employer any commission, fee, or other compensation to be paid to the agent under
the agent's contract with the insurer only if the sale of the insurance product occurs
within the scope of the agent's employment.
SECTIONi2.30.iiSection 4101.001(a), Insurance Code, is amended to read as follows:
(a)iiIn this chapter, "adjuster" means an individual who:
(1)iiinvestigates or adjusts losses on behalf of an insurer as an independent contractor or as an employee of:
(A)iian adjustment bureau;
(B)iian association;
(C)iia general property and casualty agent or personal lines property and casualty agent;
(D)iian independent contractor;
(E)iian insurer; or
(F)iia managing general agent; or
(2)iisupervises the handling of claims.
SECTIONi2.31.iiSection 4102.051(b), Insurance Code, is amended to read as follows:
(b)iiA license is not required for:
(1)iian attorney licensed to practice law in this state who has complied with Section 4102.053(a)(6); or
(2)iia person licensed as a general property and casualty agent or personal lines property and casualty agent under Chapter 4051 while acting for an insured concerning a loss under a policy issued by that agent.
Monday, May 21, 2007 SENATE JOURNAL 2599
ARTICLE 3. TRANSITION; EFFECTIVE DATE
SECTIONi3.01.iiNot later than December 1, 2007, the commissioner of insurance shall adopt rules as necessary to implement:
(1)iiSubchapter I, Chapter 4051, Insurance Code, as added by this Act; and
(2)iiSubchapter G, Chapter 4054, Insurance Code, as added by this Act.
SECTIONi3.02.iiEffective January 1, 2008, a person who holds a license as a general property and casualty agent issued by the Texas Department of Insurance that is in good standing is:
(1)iientitled to receive from the department on request a license to act as a personal lines property and casualty agent under the new license type, without reexamination; and
(2)iisubject to the provisions of the Insurance Code as amended by this Act.
SECTIONi3.03.iiEffective January 1, 2008, a person who holds a license as a general life, accident, and health agent issued by the Texas Department of Insurance that is in good standing is:
(1)iientitled to receive from the department on request a license to act as a life agent under the new license type, without reexamination; and
(2)iisubject to the provisions of the Insurance Code as amended by this Act.
SECTIONi3.04.iiChapter 4004, Insurance Code, as amended by this Act, applies to continuing education requirements for insurance agents for a renewal of a license that occurs on or after January 1, 2008.
SECTIONi3.05.iiTo the extent of any conflict, this Act prevails over the Act of the 80th Legislature, Regular Session, 2007, relating to nonsubstantive additions to and corrections in enacted codes (the general code update bill), and over the Act of the 80th Legislature, Regular Session, 2007, relating to nonsubstantive additions to and corrections in the Insurance Code (update of the Insurance Code).
SECTIONi3.06.iiThis Act takes effect September 1, 2007.
The amendment was read.
Senator Carona, on behalf of Senator Brimer, moved to concur in the House amendment to SBi1263.
The motion prevailed by the following vote:iiYeasi30, Naysi0.
Absent:iiWilliams.
CONFERENCE COMMITTEE ON HOUSE BILL 1044
Senator Ellis called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi1044 and moved that the request be granted.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on HBi1044 before appointment.
There were no motions offered.
Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Ellis, Chair; Lucio, Duncan, Harris, and Carona.
2600 80th Legislature — Regular Session 65th Day (Cont.)
CONFERENCE COMMITTEE ON HOUSE BILL 447
Senator Jackson called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi447 and moved that the request be granted.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on HBi447 before appointment.
There were no motions offered.
Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Jackson, Chair; Brimer, Eltife, Whitmire, and Hegar.
SENATE BILL 1123 WITH HOUSE AMENDMENT
Senator Ellis called SBi1123 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SBi1123 as follows:
(1)iiIn Section 2 of the bill, in added Section 3848.003(a), Special District Local Laws Code (page 3, lines 16-17), strike "the Metropolitan Transit Authority of Harris County,".
(2)iiIn Section 2 of the bill, in added Subchapter A, Chapter 3848, Special District Local Laws Code (page 5, between lines 14 and 15), insert the following:
Sec.i3848.008.iiEFFECT ON METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY. (a) This chapter does not grant any additional power to the Metropolitan Transit Authority of Harris County to individually or jointly own or develop a project in the district.
(b)iiThe Metropolitan Transit Authority of Harris County may not own, individually or jointly, a hotel, office building, or retail facility in the district.
(3)iiIn Section 2 of the bill, in added Section 3848.107, Special District Local Laws Code (page 10, between lines 8 and 9), insert the following:
(c)iiThe district may not own or operate a toll road or turnpike.
The amendment was read.
Senator Ellis moved that the Senate do not concur in the House amendment, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on SBi1123 before appointment.
There were no motions offered.
Monday, May 21, 2007 SENATE JOURNAL 2601
The Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Ellis, Chair; West, Wentworth, Nichols, and Carona.
CONFERENCE COMMITTEE ON HOUSE BILL 479
Senator Hinojosa called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi479 and moved that the request be granted.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on HBi479 before appointment.
There were no motions offered.
Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Hinojosa, Chair; Zaffirini, Watson, Seliger, and Eltife.
CONFERENCE COMMITTEE ON HOUSE BILL 1090
Senator Jackson called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HBi1090 and moved that the request be granted.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on HBi1090 before appointment.
There were no motions offered.
Accordingly, the Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Jackson, Chair; Averitt, Harris, Brimer, and Lucio.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 2960 ON SECOND READING
On motion of Senator Fraser and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 2960 at this time on its second reading:
CSHB 2960, Relating to operation of the Texas Windstorm Insurance Association and the Texas FAIR Plan Association, including funding of coverage for certain catastrophic events through the issuance of public securities.
The bill was read second time.
Senator Fraser offered the following amendment to the bill:
Floor Amendment No. 1
Amend CSHB 2960 (Senate committee printing) as follows:
(1)iiIn SECTION 1 of the bill, in added Subsection (b), Section 2210.002, Insurance Code (page 1, lines 23-24), between "are reviewed." and "This subsection", insert the following:
2602 80th Legislature — Regular Session 65th Day (Cont.)
The association shall pay the costs incurred by the Sunset Advisory Commission in performing the review of the association under this subsection. The Sunset Advisory Commission shall determine the costs of the review performed under this subsection, and the association shall pay the amount of those costs promptly on receipt of a statement from the Sunset Advisory Commission regarding those costs.
(2)iiIn SECTION 1A of the bill, in amended Section 2210.001, Insurance Code (page 1, lines 27-30), strike "An adequate market for windstorm and[,] hail[, and fire] insurance in the seacoast territory is necessary to the economic welfare of this state, and without that insurance," and substitute "The primary purpose of the Texas Windstorm Insurance Association is the provision of an [An] adequate market for windstorm and[,] hail[, and fire] insurance in the seacoast territory of this state. The legislature finds that the provision of adequate windstorm and hail insurance is necessary to the economic welfare of this state, and without that insurance,".
(3)iiIn SECTION 9 of the bill, in added Subsection (b), Section 2210.058, Insurance Code (page 3, lines 66-67), strike "require each member of the association" and substitute "require the association, each member of the association,".
(4)iiIn SECTION 9 of the bill, at the end of added Subsection (b), Section 2210.058, Insurance Code (page 4, line 7), after "fund.", insert the following:
A premium surcharge under this subsection is a separate charge in addition to the premiums collected and is not subject to premium tax or commissions.
(5)iiIn SECTION 9 of the bill, in added Subsection (d), Section 2210.058, Insurance Code (page 4, lines 28-29), strike "issued by the association in accordance with Subchapter M" and substitute "authorized to be issued in accordance with Subchapter M".
(6)iiIn SECTION 9 of the bill, in added Subsection (f), Section 2210.058, Insurance Code (page 4, line 48), strike "issued by the association in accordance with Subchapter M" and substitute "authorized to be issued in accordance with Subchapter M".
(7)iiIn SECTION 9 of the bill, strike added Subsection (g), Section 2210.058, Insurance Code (page 4, lines 51-53), and substitute the following:
(g)iiNotwithstanding any other provision of this section, the association may pay losses in excess of premium and other revenue of the association with reinsurance proceeds from reinsurance purchased by the association as authorized under Section 2210.453.
(8)iiIn SECTION 9 of the bill, in added Subsection (h), Section 2210.058, Insurance Code (page 4, lines 55-56), strike "(c), (e), and (g)" and substitute "(c) and (e)".
(9)iiIn SECTION 12 of the bill, strike added Subsection (c), Section 2210.102, Insurance Code (page 5, lines 34-44), and substitute the following:
(c)iiThree members must be[, elected by the members as provided by the plan of operation;
[(2)iitwo]iipublic representatives:
(1)iiat least one of whom [who are nominated by the office of public insurance counsel and who], as of the date of the appointment, resides[:
[(A)iireside]iiin or owns property in a first tier coastal county [a catastrophe area;] and is a policyholder
Monday, May 21, 2007 SENATE JOURNAL 2603
[(B)iiare policyholders] of the association; and
(2)iiat least one of whom, as of the date of the appointment, does not reside in or own property in the seacoast territory.
(10)iiIn SECTION 12 of the bill, in added Subsection (d), Section 2210.102, Insurance Code (page 5, lines 47-51), strike "One of the agents, as of the date of the appointment, must maintain the agent's principal office in a first tier coastal county. The second agent, as of the date of the appointment, may not maintain the agent's principal office in the seacoast territory." and substitute "Each of the agents, as of the date of the appointment, must maintain the agent's principal office in a first tier coastal county."
(11)iiIn SECTION 12 of the bill, in amended Section 2210.102, Insurance Code (page 5, between lines 57 and 58), insert the following:
(f)iiThe commissioner shall appoint one person to serve as a nonvoting member of the board to advise the board regarding issues relating to the inspection process. The commissioner may give preference in an appointment under this subsection to a person who is a qualified inspector under Section 2210.254. The nonvoting member appointed under this section must:
(1)iibe an engineer licensed by, and in good standing with, the Texas Board of Professional Engineers;
(2)iireside in a first tier coastal county; and
(3)iibe knowledgeable of, and have professional expertise in, wind-related design and construction practices in coastal areas that are subject to high winds and hurricanes.
(12)iiIn SECTION 13 of the bill, in added Subsection (c), Section 2210.103, Insurance Code (page 5, line 62), between "(c)" and "The commissioner", insert "A member of the board of directors may be removed by the commissioner without cause."
(13)iiIn SECTION 22 of the bill, strike amended Subsection (b), Section 2210.251, Insurance Code (page 8, lines 1-9), and substitute the following:
(b)iiAfter January 1, 2004, for geographic areas specified by the commissioner, the commissioner by rule shall adopt the 2003 International Residential Code for one- and two-family dwellings published by the International Code Council. For those geographic areas, the commissioner by rule may adopt a subsequent edition of that code and may adopt any supplements published by the International Code Council and amendments to that code.
(14)iiStrike SECTION 23 of the bill (page 9, lines 7-22).
(15)iiIn the recital to SECTION 24 of the bill, (page 9, lines 23-24), strike "Sections 2210.254(a) and (b)" and substitute "Sections 2210.254(a), (c), and (d)".
(16)iiIn SECTION 24 of the bill, strike amended Subsection (b), Section 2210.254, Insurance Code (page 9, lines 43-45).
(17)iiIn SECTION 24 of the bill, in amended Section 2210.254, Insurance Code (page 9, between lines 45 and 46), insert the following:
(c)iiBefore performing building inspections, a qualified inspector must be approved and appointed or employed by the association [department].
2604 80th Legislature — Regular Session 65th Day (Cont.)
(d)iiThe association [department] may charge a reasonable fee for the filing of applications by and determining the qualifications of persons for appointment as qualified inspectors.
(18)iiBetween SECTION 25 and SECTION 26 of the bill (page 9, between lines 59 and 60), insert the following new appropriately numbered SECTION:
SECTIONi__.iiSubchapter F, Chapter 2210, Insurance Code, is amended by adding Section 2210.2565 to read as follows:
Sec.i2210.2565.iiPROCEDURES REGARDING APPOINTMENT OF INSPECTORS. The association shall develop procedures for the appointment and oversight of qualified inspectors appointed under Sections 2210.254 and 2210.255, including procedures relating to the suspension and revocation of an appointment made by the association.
(19)iiIn SECTION 26 of the bill, in added Subdivision (1), Subsection (a), Section 2210.259, Insurance Code (page 10, line 16), strike "school district or public, or not-for-profit, postsecondary" and substitute "school district, or public or not-for-profit postsecondary".
(20)iiIn SECTION 30 of the bill, in added Subsection (i), Section 2210.355, Insurance Code (page 11, line 31), strike "Catastrophe models, including hurricane models," and substitute "Computer simulation models, including models used to estimate hurricane losses,".
(21)iiIn SECTION 31 of the bill, in amended Subsection (a), Section 2210.452, Insurance Code, strike page 11, lines 39-45, and substitute "fund[:
[(1)] the obligations of the trust fund under Section 2210.058 [2210.058(a); and
[(2)iithe mitigation and preparedness plan established under Section 2210.454 to reduce the potential for payments by association members that give rise to tax credits in the event of loss]."
(22)iiIn SECTION 32 of the bill, in amended Subsection (b), Section 2210.453, Insurance Code, strike page 11, lines 64-65, and substitute "with the trust fund, public securities, and assessments authorized by this chapter. The association may purchase reinsurance in lieu of, or in addition to, using".
(23)iiBetween SECTION 32 and SECTION 33 of the bill (page 12, between lines 1 and 2), insert the following new SECTION:
SECTIONi__.iiSection 2210.454(b), Insurance Code, is amended to read as follows:
(b)iiEach state fiscal year, the department may fund the mitigation and preparedness plan using available funds [the investment income of the trust fund in an amount not less than $1 million and not more than 10 percent of the investment income of the prior fiscal year. From that amount and as part of that plan, the department may use in each fiscal year $1 million for the windstorm inspection program established under Section 2210.251].
(24)iiIn SECTION 33 of the bill, in added Subsection (a), Section 2210.609, Insurance Code (page 13, line 57), strike "by the association from", and substitute "by the association".
Monday, May 21, 2007 SENATE JOURNAL 2605
(25)iiIn SECTION 33 of the bill, in added Section 2210.618, Insurance Code (page 16, line 14), between "association," and "association employees," insert "members of the association board of directors,".
(26)iiIn SECTION 37 of the bill, strike page 17, lines 7-9, and substitute:
(2)iiSection 2210.059, Insurance Code;
(3)iiSection 2210.256, Insurance Code;
(4)iiSection 2210.356, Insurance Code; and
(5)iiSubchapters G and I, Chapter 2210, Insurance Code.
(27)iiIn Subsection (a) of SECTION 38 of the bill (page 17, lines 13-14), strike "is abolished on the 30th day after the effective date of this Act." and substitute "is abolished effective December 31, 2007."
(28)iiIn Subsection (b) of SECTION 38 of the bill (page 17, lines 18-19), strike "not later than the 31st day after the effective date of this Act." and substitute "not later than December 31, 2007."
(29)iiIn Subsection (c) of SECTION 38 of the bill (page 17, lines 23-24), strike "on the 30th day after the effective date of this Act." and substitute "on December 31, 2007."
(30)iiStrike SECTION 39 of the bill (page 17, lines 28-30) and substitute the following:
SECTIONi39.ii(a) The commissioner of insurance shall adopt rules as required by Sections 2210.452, 2210.612, and 2210.613, Insurance Code, as amended by this Act, not later than the 180th day after the effective date of this Act.
(b)iiThe Texas Windstorm Insurance Association, through the board of directors of that association, shall propose to the commissioner of insurance amendments to the association's plan of operation as required by Chapter 2210, Insurance Code, as amended by this Act, not later than the 180th day after the effective date of this Act.
(31)iiIn SECTION 41 of the bill, strike page 17, lines 38-44, and substitute the following:
Except as otherwise specifically provided by that section, a structure that has been inspected and is the subject of a certificate of compliance issued by the Texas Department of Insurance under Section 2210.251(f), Insurance Code, as that section existed immediately before the effective date of this Act, is not required to obtain an inspection certificate from the Texas Windstorm Insurance Association to remain eligible for insurance coverage through that association unless the structure is altered, remodeled, enlarged, or repaired after the effective date of Section 2210.251, as amended by this Act.
(32)iiStrike SECTION 43 of the bill (page 17, lines 55-59) and substitute the following:
SECTIONi43.ii(a) Except 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 September 1, 2007.
(b)iiThe changes in law made by this Act to Sections 2210.251, 2210.252, 2210.254, and 2210.255, Insurance Code, as amended by this Act, and Section 2210.2565, Insurance Code, as added by this Act, take effect September 1, 2008.
2606 80th Legislature — Regular Session 65th Day (Cont.)
(33)iiRenumber SECTIONS of the bill appropriately.
The amendment to CSHB 2960 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
Senator Fraser offered the following amendment to the bill:
Floor Amendment No. 2
Amend CSHB 2960, Senate committee printing, as follows:
(1)iiIn SECTION 1 of the bill, in added Subsection (b), Section 2210.002, Insurance Code, (page 1, lines 23-24), by striking "abolished in 2013 are reviewed. This subsection expires September 1, 2013." and substituting "abolished in 2011 are reviewed. This subsection expires September 1, 2011."
(2)iiBetween SECTION 1A and SECTION 2 of the bill (page 1, between lines 34 and 35), insert the following:
SECTIONi1B.iiSubchapter A, Chapter 2210, Insurance Code, is amended by adding Section 2210.0025 to read as follows:
Sec.i2210.0025.iiBIENNIAL REPORT TO LEGISLATURE. On or before December 31 of each even-numbered year, the board of directors shall submit to the commissioner, the appropriate committees of each house of the legislature, and to the Sunset Advisory Commission a written report relating to the operations of the association during the preceding biennium. The report must include:
(1)iiany proposed changes in the laws relating to regulation of the association and a statement of the reasons for the changes; and
(2)iiany information regarding association operations or procedures that is requested by the department to be addressed in the report.
(3)iiIn SECTION 9 of the bill, in added Subsection (c), Section 2210.058, Insurance Code, (page 4, line 13), strike "2.5 percent" and substitute "1.25 percent".
(4)iiIn SECTION 9 of the bill, in added Subsection (e), Section 2210.058, Insurance Code, (page 4, line 33), strike "four percent" and substitute "5.25 percent".
(5)iiIn SECTION 9 of the bill, between added Subsections (j) and (k), Section 2210.058, Insurance Code, (page 5, between lines 2 and 3), insert the following:
(j-1)iiPublic securities described by Subsection (f) may be issued in principal amounts not to exceed $5 billion.
The amendment to CSHB 2960 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 2.
Senator Jackson offered the following amendment to the bill:
Floor Amendment No. 3
Amend CSHB 2960, Senate committee printing, in SECTION 19 of the bill, in amended Subsection (a), Section 2210.202, Insurance Code (page 7, line 14), by inserting the following after "and rates.":
Monday, May 21, 2007 SENATE JOURNAL 2607
"Notwithstanding any other provision of this subsection, a declination or other comparable evidence is not required with an application for renewal of an association policy unless the association has evidence that comparable voluntary market coverage is available in the area of the property to be insured for the same class of risk."
The amendment to CSHB 2960 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 3.
Senator Jackson offered the following amendment to the bill:
Floor Amendment No. 4
Amend CSHB 2960, Senate committee printing, as follows:
(1)iiIn SECTION 31 of the bill, in amended Subsection (c), Section 2210.452, Insurance Code (page 11, lines 51-52), strike "For purposes of this subsection, "operating expenses" includes the cost of any reinsurance."
(2)iiIn SECTION 32 of the bill, in amended Subsection (a), Section 2210.453, Insurance Code (page 11, lines 58-59), strike "as part of the association's annual operating expenses".
The amendment to CSHB 2960 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 4.
On motion of Senator Fraser and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
CSHB 2960 as amended was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
COMMITTEEiiSUBSTITUTE
HOUSE BILL 2960 ON THIRD READING
Senator Fraser moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi2960 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
BILLS AND RESOLUTIONS SIGNED
The Presiding Officer announced the signing of the following enrolled bills and resolutions in the presence of the Senate after the captions had been read:
SBi61, SBi63, SBi129, SBi136, SBi138, SBi139, SBi140, SBi153, SBi166, SBi201, SBi214, SBi246, SBi247, SBi251, SBi274, SBi285, SBi289, SBi303, SBi310, SBi311, SBi322, SBi328, SBi351, SBi352, SBi397, SBi535, SBi561, SBi564, SBi592, SBi616, SBi618, SBi620, SBi781, SBi833, SBi877, SBi908, SBi924, SBi940, SBi949, SBi969, SBi1222, SBi1260, SBi1318, SBi1372, SBi1519, SBi1536, SBi1618, SBi1627, SBi1630, SBi1884, SBi1956, SBi1961, SBi1963, SBi1964,
2608 80th Legislature — Regular Session 65th Day (Cont.)
HOUSE BILL 1638 ON SECOND READING
On motion of Senator Jackson and by unanimous consent, the regular order of business was suspended to take up for consideration HB 1638 at this time on its second reading:
HB 1638, Relating to enforcement of commercial motor vehicle safety standards in certain municipalities.
The bill was read second time.
Senator Jackson offered the following amendment to the bill:
Floor Amendment No. 1
Amend HB 1638 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 644.103, Transportation Code, is amended by adding Subsections (c-1) and (c-2) to read as follows:
(c-1) A vehicle operator may not be issued a citation or be held criminally or administratively liable more than once for the same violation committed on the same calendar day. A person who detains a vehicle under this section shall provide the vehicle operator a written statement, on a form adopted by the department, that indicates:
(1)iithe date of the detention;
(2)iiwhether the detained vehicle was inspected; and
(3)iieach violation that was found during the detention, or if no violation was found, a statement to that effect.
Monday, May 21, 2007 SENATE JOURNAL 2609
(c-2) A person who stops a vehicle under this section may not detain or require the vehicle to be inspected if the vehicle operator displays to the person a statement provided under Subsection (c-1) that indicates that the vehicle was detained and inspected within the 15-day period preceding the date of the stop.
The amendment to HB 1638 was read and was adopted by a viva voce vote.
All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.
On motion of Senator Jackson and by unanimous consent, the caption was amended to conform to the body of the bill as amended.
HB 1638 as amended was passed to third reading by a viva voce vote.
All Members are deemed to have voted "Yea" on the passage to third reading.
HOUSE BILL 1638 ON THIRD READING
Senator Jackson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi1638 be placed on its third reading and final passage.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.
SENATE BILL 1434 WITH HOUSE AMENDMENT
Senator Estes called SBi1434 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer, Senator Brimer in Chair, laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 1434 (House committee printing) in added Subsection (b), Section 85.009, Election Code (page 1, line 21), by striking "20th" and substituting "30th".
The amendment was read.
Senator Estes moved to concur in the House amendment to SBi1434.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
SENATE BILL 1983 WITH HOUSE AMENDMENT
Senator Estes called SBi1983 from the President's table for consideration of the House amendment to the bill.
The Presiding Officer laid the bill and the House amendment before the Senate.
Amendment
Amend SBi1983 by substituting in lieu thereof the following:
2610 80th Legislature — Regular Session 65th Day (Cont.)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Upper Trinity Groundwater Conservation District; providing authority to issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSubtitle H, Title 6, Special District Local Laws Code, is amended by adding Chapter 8830 to read as follows:
CHAPTER 8830. UPPER TRINITY GROUNDWATER
CONSERVATION DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec.i8830.001.iiDEFINITIONS. In this chapter:
(1)ii"Board" means the board of directors of the district.
(2)ii"Director" means a member of the board.
(3)ii"District" means the Upper Trinity Groundwater Conservation District.
Sec.i8830.002.iiNATURE OF DISTRICT; FINDINGS. (a)iiThe district is a groundwater conservation district in Hood, Montague, Parker, and Wise Counties created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
(b)iiThe district is created to serve a public use and benefit.
(c)iiAll of the land and other property included within the boundaries of the district will be benefited by the works and projects that are to be accomplished by the district under powers conferred by this chapter and by Chapter 36, Water Code.
(d)iiAny fees imposed by the district under this chapter are necessary to pay for the costs of accomplishing the purposes of the district, including the conservation and management of groundwater resources, as provided by this chapter and Section 59, Article XVI, Texas Constitution.
Sec.i8830.003.iiCONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 8830.023 before September 1, 2009:
(1)iithe district is dissolved on September 1, 2009, except that:
(A)iiany debts incurred shall be paid;
(B)iiany assets that remain after the payment of debts shall be transferred in equal amounts to Hood, Montague, Parker, and Wise Counties; and
(C)iithe organization of the district shall be maintained until all debts are paid and remaining assets are transferred; and
(2)iithis chapter expires September 1, 2012.
Sec.i8830.004.iiINITIAL DISTRICT TERRITORY. The initial boundaries of the district are coextensive with the boundaries of Hood, Montague, Parker, and Wise Counties.
Sec.i8830.005.iiAPPLICABILITY OF OTHER GROUNDWATER CONSERVATION DISTRICT LAW. Except as otherwise provided by this chapter, Chapter 36, Water Code, applies to the district.
Sec.i8830.006.iiCONSTRUCTION OF CHAPTER. This chapter shall be liberally construed to achieve the legislative intent and purposes of Chapter 36, Water Code. A power granted by Chapter 36, Water Code, or this chapter shall be broadly interpreted to achieve that intent and those purposes.
Monday, May 21, 2007 SENATE JOURNAL 2611
[Sections 8830.007-8830.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec.i8830.021.iiAPPOINTMENT OF TEMPORARY DIRECTORS. (a)iiThe district is initially governed by a board of eight temporary directors appointed as provided by Section 8830.051(a).
(b)iiTemporary directors shall be appointed not later than the 90th day after the effective date of the Act enacting this chapter. If after the 90th day fewer than eight temporary directors have been appointed, each unfilled position shall be considered a vacancy and filled in accordance with Subsection (c).
(c)iiIf a vacancy occurs on the temporary board, the remaining temporary directors shall appoint a person to fill the vacancy in a manner that meets the representational requirements of this section.
(d)iiTo be eligible to serve as a temporary director, a person must be a registered voter in the appointing county.
(e)iiEach temporary director must qualify to serve as a director in the manner provided by Section 36.055, Water Code.
(f)iiTemporary directors serve until the earlier of:
(1)iithe time the temporary directors become the initial permanent directors under Section 8830.024; or
(2)iithe date this chapter expires under Section 8830.003.
Sec.i8830.022.iiORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS. As soon as practicable after all the temporary directors have qualified under Section 36.055, Water Code, a majority of the temporary directors shall convene the organizational meeting of the district at a location in the district agreeable to a majority of the directors. If an agreement on location cannot be reached, the organizational meeting shall be at the Poolville Junior High School in Parker County.
Sec.i8830.023.iiCONFIRMATION ELECTION. (a)iiThe temporary directors shall hold an election to confirm the creation of the district.
(b)iiSection 41.001(a), Election Code, does not apply to a confirmation election held as provided by this section.
(c)iiExcept as provided by this section, a confirmation election must be conducted as provided by Sections 36.017(b), (c), and (e)-(g), Water Code, and by the Election Code.
(d)iiThe ballot for the election must be printed to provide for voting for or against the proposition: "The creation of a nontaxing, locally controlled groundwater conservation district to be known as the Upper Trinity Groundwater Conservation District, in lieu and instead of anticipated action by the Texas Commission on Environmental Quality to otherwise establish a conservation and reclamation district within the same or a larger area."
(e)iiIf a majority of the votes cast at the election are not in favor of the creation of the district, the temporary directors may order a subsequent confirmation election to be held in accordance with this section.
Sec.i8830.024.iiINITIAL PERMANENT DIRECTORS; INITIAL TERMS. If creation of the district is confirmed at an election held under Section 8830.023:
(1)iithe temporary directors become the initial permanent directors; and
2612 80th Legislature — Regular Session 65th Day (Cont.)
(2)iithe two directors appointed from each county shall draw lots to determine which director serves a term expiring June 1 of the first odd-numbered year after the confirmation election and which director serves a term expiring June 1 of the next odd-numbered year.
Sec.i8830.025.iiEXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2012.
[Sections 8830.026-8830.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec.i8830.051.iiGOVERNING BODY; TERMS. (a)iiThe district is governed by a board of eight directors appointed as follows:
(1)iitwo directors appointed by the Hood County Commissioners Court;
(2)iitwo directors appointed by the Montague County Commissioners Court;
(3)iitwo directors appointed by the Parker County Commissioners Court; and
(4)iitwo directors appointed by the Wise County Commissioners Court.
(b)iiDirectors serve staggered four-year terms, with the term of one director from each of the four counties expiring on June 1 of each odd-numbered year.
(c)iiA director may serve multiple consecutive terms.
Sec.i8830.052.iiDIRECTOR ELIGIBILITY; QUALIFICATION. (a)iiTo be eligible to serve as a director, a person must be a registered voter in the appointing county.
(b)iiEach director must qualify to serve in the manner provided by Section 36.055, Water Code.
Sec.i8830.053.iiVACANCIES. If a vacancy occurs on the board, the remaining directors shall appoint a person to fill the vacancy in a manner that meets the representational requirements of Section 8830.051.
Sec.i8830.054.iiCOMPENSATION; REIMBURSEMENT. (a)iiNotwithstanding Sections 36.060(a) and (d), Water Code, a director may not receive compensation for performing the duties of director.
(b)iiA director is entitled to reimbursement of actual expenses reasonably and necessarily incurred while engaging in activities on behalf of the district.
[Sections 8830.055-8830.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec.i8830.101.iiGROUNDWATER CONSERVATION DISTRICT POWERS AND DUTIES. Except as provided by this chapter, the district has the powers and duties provided by the general law of this state, including Chapter 36, Water Code, and Section 59, Article XVI, Texas Constitution, applicable to groundwater conservation districts.
Sec.i8830.102.iiCONTRACTS. The district may enter into a contract with any person, public or private, for any purpose authorized by law.
Sec.i8830.103.iiAPPLICABILITY OF DISTRICT REGULATIONS.iiGroundwater regulation under this chapter applies to all persons except as exempted under Section 36.117, Water Code, or this chapter.
Monday, May 21, 2007 SENATE JOURNAL 2613
Sec.i8830.104.iiWELL SPACING RULES; EXEMPTIONS. (a)iiExcept as provided by Subsection (b), the district shall exempt from the well spacing requirements adopted by the district any well that is completed on or before the effective date of those requirements.
(b)iiThe district may provide by rule that a well may lose its exemption under this section if the well is modified in a manner that substantially increases the capacity of the well after the effective date of the well spacing requirements adopted by the district.
(c)iiExcept as provided by this section and notwithstanding Section 8830.103, the district may require any well or class of wells exempt from permitting under Chapter 36, Water Code, to comply with the well spacing requirements adopted by the district. The district shall apply well spacing requirements uniformly to any well or class of wells based on the size or capacity of the well and without regard to the type of use of the groundwater produced by the well.
Sec.i8830.105.iiREGISTRATION AND REPORTING REQUIREMENTS FOR CERTAIN EXEMPT WELLS. The district may adopt rules that require the owner or operator of a well or class of wells exempt from permitting under Section 36.117, Water Code, to register the well with the district and, except for a well exempt from permitting under Subsection (b)(1) of that section, to report groundwater withdrawals from the well using reasonable and appropriate reporting methods and frequency.
Sec.i8830.106.iiENFORCEMENT. (a)iiThe district may enforce this chapter in the manner provided by Chapter 36, Water Code. In lieu of a remedy available to the district under Section 36.102, Water Code, or in addition to those remedies, the district may impose a fee in addition to a fee assessed under Section 8830.152 on a person producing groundwater in violation of a rule of the district, including the failure or refusal to comply with any order or rule of the district to reduce or cease groundwater usage. The purpose of a fee authorized under this subsection is to serve as a disincentive to producing groundwater except as authorized by the district.
(b)iiA fee imposed under Subsection (a) may not exceed an amount equal to 10 times the amount of a fee assessed under Section 8830.152.
Sec.i8830.107.iiNO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.
[Sections 8830.108-8830.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec.i8830.151.iiTAXES PROHIBITED. The district may not impose a tax. Sections 36.020(a) and 36.201-36.204, Water Code, do not apply to the district.
Sec.i8830.152.iiDISTRICT REVENUES. (a)iiThe district by rule, resolution, or order may establish, amend, pledge, encumber, expend the proceeds from, and assess to any person production fees based on the amount of groundwater authorized by permit to be withdrawn from a well or on the amount of water actually withdrawn, to enable the district to fulfill its purposes and regulatory functions as provided by this chapter. The district may use revenues generated by fees it assesses for any lawful purpose.
(b)iiNotwithstanding any provision of general law to the contrary, a fee authorized by Subsection (a) may not exceed:
2614 80th Legislature — Regular Session 65th Day (Cont.)
(1)ii$1 per acre-foot annually for groundwater used for agricultural purposes; or
(2)ii30 cents per thousand gallons annually for groundwater used for nonagricultural purposes.
(c)iiNotwithstanding Section 36.1071(f), Water Code, the district by rule, resolution, or order before the adoption of its management plan may:
(1)iiestablish, assess, and enforce the collection of production fees under this section; and
(2)iiestablish and enforce metering and reporting requirements, except for a well exempt from permitting under Section 36.117(b)(1), Water Code.
(d)iiThe district by rule may establish a temporary or permanent discounted fee rate for persons who prepay production fees to the district under this section on or before the dates established by district rule.
SECTIONi2.ii(a)iiThe legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.
(b)iiThe governor has submitted the notice and Act to the Texas Commission on Environmental Quality.
(c)iiThe Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, lieutenant governor, and speaker of the house of representatives within the required time.
(d)iiAll requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.
SECTIONi3.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.
The amendment was read.
Senator Estes moved that the Senate do not concur in the House amendment, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.
The motion prevailed without objection.
The Presiding Officer asked if there were any motions to instruct the conference committee on SBi1983 before appointment.
There were no motions offered.
The Presiding Officer announced the appointment of the following conferees on the part of the Senate:iiSenators Estes, Chair; Averitt, Fraser, Seliger, and Duncan.
SENATE BILL 450 WITH HOUSE AMENDMENT
Senator Uresti called SBi450 from the President's table for consideration of the House amendment to the bill.
Monday, May 21, 2007 SENATE JOURNAL 2615
The Presiding Officer laid the bill and the House amendment before the Senate.
Floor Amendment No. 1
Amend SB 450, in Section 2 of the bill, in added Section 266.0041, Family Code (House committee printing page 6, between lines 25 and 26), by inserting the following:
(m) A foster parent or any other person may not receive a financial incentive or any other benefit for recommending or consenting to the enrollment and participation of a foster child in a drug research program.
The amendment was read.
Senator Uresti moved to concur in the House amendment to SBi450.
The motion prevailed by the following vote:iiYeasi31, Naysi0.
SENATE RULES SUSPENDED
(Posting Rules)
On motion of Senator Wentworth and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Jurisprudence might meet and consider HB 1331 today.
NOTICE GIVEN FOR
LOCAL AND UNCONTESTED CALENDAR
Senator Wentworth announced that a Local and Uncontested Calendar had been furnished to each Member of the Senate. He then gave notice that the Local and Uncontested Calendar Session would be held at 8:00 a.m. tomorrow and that all bills and resolutions would be considered on second and third reading in the order in which they were listed.
SENATE RULE 11.13 SUSPENDED
(Consideration of Bills in Committees)
On motion of Senator Wentworth and by unanimous consent, Senate Rule 11.13 was suspended to grant all committees permission to meet during the Local and Uncontested Calendar Session tomorrow.
CONFERENCE COMMITTEE REPORT ON
SENATE BILL 103
Senator Hinojosa submitted the following Conference Committee Report:
Austin, Texas
May 21, 2007
Honorable David Dewhurst
President of the Senate
Honorable Tom Craddick
Speaker of the House of Representatives
Sirs:
We, Your Conference Committee, appointed to adjust the differences between the Senate and the House of Representatives on SBi103 have had the same under
2616 80th Legislature — Regular Session 65th Day (Cont.)
consideration, and beg to report it back with the recommendation that it do pass in the form and text hereto attached.
| HINOJOSA | MADDEN | |
| HEGAR | HOCHBERG | |
| SELIGER | JONES | |
| WHITMIRE | MCREYNOLDS | |
| WILLIAMS | PHILLIPS | |
| On the part of the Senate | On the part of the House |
A BILL TO BE ENTITLED
AN ACT
relating to the Texas Youth Commission and the prosecution of certain offenses and delinquent conduct in the Texas Youth Commission and certain other criminal justice agencies; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiArticle 2.12, Code of Criminal Procedure, is amended to read as follows:
Art.i2.12.iiWHO ARE PEACE OFFICERS. The following are peace officers:
(1)iisheriffs, their deputies, and those reserve deputies who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
(2)iiconstables, deputy constables, and those reserve deputy constables who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
(3)iimarshals or police officers of an incorporated city, town, or village, and those reserve municipal police officers who hold a permanent peace officer license issued under Chapter 1701, Occupations Code;
(4)iirangers and officers commissioned by the Public Safety Commission and the Director of the Department of Public Safety;
(5)iiinvestigators of the district attorneys', criminal district attorneys', and county attorneys' offices;
(6)iilaw enforcement agents of the Texas Alcoholic Beverage Commission;
(7)iieach member of an arson investigating unit commissioned by a city, a county, or the state;
(8)iiofficers commissioned under Section 37.081, Education Code, or Subchapter E, Chapter 51, Education Code;
(9)iiofficers commissioned by the General Services Commission;
(10)iilaw enforcement officers commissioned by the Parks and Wildlife Commission;
(11)iiairport police officers commissioned by a city with a population of more than 1.18 million that operates an airport that serves commercial air carriers;
(12)iiairport security personnel commissioned as peace officers by the governing body of any political subdivision of this state, other than a city described by Subdivision (11), that operates an airport that serves commercial air carriers;
(13)iimunicipal park and recreational patrolmen and security officers;
(14)iisecurity officers and investigators commissioned as peace officers by the comptroller;
(15)iiofficers commissioned by a water control and improvement district under Section 49.216, Water Code;
Monday, May 21, 2007 SENATE JOURNAL 2617
(16)iiofficers commissioned by a board of trustees under Chapter 54, Transportation Code;
(17)iiinvestigators commissioned by the Texas Medical [State] Board [of
Medical Examiners];
(18)iiofficers commissioned by the board of managers of the Dallas County Hospital District, the Tarrant County Hospital District, or the Bexar County Hospital District under Section 281.057, Health and Safety Code;
(19)iicounty park rangers commissioned under Subchapter E, Chapter 351, Local Government Code;
(20)iiinvestigators employed by the Texas Racing Commission;
(21)iiofficers commissioned under Chapter 554, Occupations Code;
(22)iiofficers commissioned by the governing body of a metropolitan rapid transit authority under Section 451.108, Transportation Code, or by a regional transportation authority under Section 452.110, Transportation Code;
(23)iiinvestigators commissioned by the attorney general under Section 402.009, Government Code;
(24)iisecurity officers and investigators commissioned as peace officers under Chapter 466, Government Code;
(25)iian officer employed by the [Texas] Department of State Health
Services under Section 431.2471, Health and Safety Code;
(26)iiofficers appointed by an appellate court under Subchapter F, Chapter 53, Government Code;
(27)iiofficers commissioned by the state fire marshal under Chapter 417, Government Code;
(28)iian investigator commissioned by the commissioner of insurance under
Section 701.104 [Article 1.10D], Insurance Code;
(29)iiapprehension specialists and inspectors general commissioned by the
Texas Youth Commission as officers under Sections 61.0451 and [Section] 61.0931,
Human Resources Code;
(30)iiofficers appointed by the executive director of the Texas Department of Criminal Justice under Section 493.019, Government Code;
(31)iiinvestigators commissioned by the Commission on Law Enforcement Officer Standards and Education under Section 1701.160, Occupations Code;
(32)iicommission investigators commissioned by the Texas [Commission
on] Private Security Board under Section 1702.061(f), Occupations Code;
(33)iithe fire marshal and any officers, inspectors, or investigators commissioned by an emergency services district under Chapter 775, Health and Safety Code; and
(34)iiofficers commissioned by the State Board of Dental Examiners under Section 254.013, Occupations Code, subject to the limitations imposed by that section.
SECTIONi2.iiArticle 61.06(c), Code of Criminal Procedure, is amended to read as follows:
(c)iiIn determining whether information is required to be removed from an intelligence database under Subsection (b), the three-year period does not include any period during which the individual who is the subject of the information is:
2618 80th Legislature — Regular Session 65th Day (Cont.)
(1)iiconfined in the institutional division or the state jail division of the Texas Department of Criminal Justice;
(2)iicommitted to a secure correctional facility operated by or under contract with the Texas Youth Commission, as defined by Section 51.02, Family Code; or
(3)iicommitted to a facility operated by a juvenile board in lieu of being committed to a secure correctional facility operated by or under contract with the Texas Youth Commission.
SECTIONi3.iiArticle 104.003(a), Code of Criminal Procedure, is amended to read as follows:
(a)iiIn a prosecution of a criminal offense or delinquent conduct [felony]
committed on property owned or operated by or under contract with [while the actor
was a prisoner in the custody of] the Texas Department of Criminal Justice or the
Texas Youth Commission, or committed by or against a person in the custody of the
department or commission while the person is performing a duty away from
department or commission property [Corrections or a prosecution of an offense
committed in the department by any person under Chapter 21, Acts of 55th
Legislature, Regular Session, 1957 (Article 6184m, Vernon's Texas Civil Statutes), or
Chapter 481, Health and Safety Code, or Sections 485.031 through 485.035, Health
and Safety Code], the state shall reimburse the county for expenses incurred by the
county, in an amount that the court determines to be reasonable, for payment of:
(1)iisalaries and expenses of foreign language interpreters and interpreters for deaf persons whose services are necessary to the prosecution;
(2)iiconsultation fees of experts whose assistance is directly related to the prosecution;
(3)iitravel expenses for witnesses;
(4)iiexpenses for the food, lodging, and compensation of jurors;
(5)iicompensation of witnesses;
(6)iithe cost of preparation of a statement of facts and a transcript of the trial for purposes of appeal;
(7)iiif the death of a person is an element of the offense, expenses of an inquest relating to the death;
(8)iifood, lodging, and travel expenses incurred by the prosecutor's staff during travel essential to the prosecution of the offense;
(9)iicourt reporter's fees; and
(10)iithe cost of special security officers.
SECTIONi4.iiSection 37.203(a), Education Code, is amended to read as follows:
(a)iiThe center is advised by a board of directors composed of:
(1)iithe attorney general, or the attorney general's designee;
(2)iithe commissioner, or the commissioner's designee;
(3)iithe executive director of the Texas Juvenile Probation Commission, or the executive director's designee;
(4)iithe executive commissioner [director] of the Texas Youth Commission,
or the executive commissioner's [director's] designee;
(5)iithe commissioner of the Texas Department of Mental Health and Mental Retardation, or the commissioner's designee; and
Monday, May 21, 2007 SENATE JOURNAL 2619
(6)iithe following members appointed by the governor with the advice and consent of the senate:
(A)iia juvenile court judge;
(B)iia member of a school district's board of trustees;
(C)iian administrator of a public primary school;
(D)iian administrator of a public secondary school;
(E)iia member of the state parent-teacher association;
(F)iia teacher from a public primary or secondary school;
(G)iia public school superintendent who is a member of the Texas Association of School Administrators;
(H)iia school district police officer or a peace officer whose primary duty consists of working in a public school; and
(I)iitwo members of the public.
SECTIONi5.iiSection 51.12, Family Code, is amended by adding Subsections (b-1), (c-1), and (m) and amending Subsections (c) and (i) to read as follows:
(b-1)iiA pre-adjudication secure detention facility may be operated only by:
(1)iia governmental unit in this state as defined by Section 101.001, Civil Practice and Remedies Code; or
(2)iia private entity under a contract with a governmental unit in this state.
(c)iiIn each county, each judge of the juvenile court and a majority of the
members of the juvenile board shall personally inspect all public or private [the]
juvenile pre-adjudication secure detention facilities [and any public or private juvenile
secure correctional facilities used for post-adjudication confinement] that are located
in the county [and operated under authority of the juvenile board] at least annually
and shall certify in writing to the authorities responsible for operating and giving
financial support to the facilities and to the Texas Juvenile Probation Commission that
the facilities [they] are suitable or unsuitable for the detention of children. In
determining whether a facility is suitable or unsuitable for the detention of children,
the juvenile court judges and juvenile board members shall consider:
(1)iicurrent monitoring and inspection reports and any noncompliance citation reports issued by the Texas Juvenile Probation Commission, including the report provided under Subsection (c-1), and the status of any required corrective actions;
(2)iicurrent governmental inspector certification regarding the facility's compliance with local fire codes;
(3)iicurrent building inspector certification regarding the facility's compliance with local building codes;
(4)iifor the 12-month period preceding the inspection, the total number of allegations of abuse, neglect, or exploitation reported by the facility and a summary of the findings of any investigations of abuse, neglect, or exploitation conducted by the facility, a local law enforcement agency, and the Texas Juvenile Probation Commission;
(5)iithe availability of health and mental health services provided to facility residents;
(6)iithe availability of educational services provided to facility residents; and
2620 80th Legislature — Regular Session 65th Day (Cont.)
(7)iithe overall physical appearance of the facility, including the facility's security, maintenance, cleanliness, and environment.
(c-1)iiThe Texas Juvenile Probation Commission shall annually inspect each public or private juvenile pre-adjudication secure detention facility. The Texas Juvenile Probation Commission shall provide a report to each juvenile court judge presiding in the same county as an inspected facility indicating whether the facility is suitable or unsuitable for the detention of children in accordance with:
(1)iithe requirements of Subsections (a), (f), and (g); and
(2)iiminimum professional standards for the detention of children in
pre-adjudication [or post-adjudication] secure confinement promulgated by the Texas
Juvenile Probation Commission or, at the election of the juvenile board of the county
in which the facility is located, the current standards promulgated by the American
Correctional Association.
(i)iiExcept for [a facility operated or certified by the Texas Youth Commission
or] a facility as provided by Subsection (l), a governmental unit or private entity that
operates or contracts for the operation of a juvenile pre-adjudication secure detention
facility under Subsection (b-1) [or a juvenile post-adjudication secure correctional
facility] in this state shall:
(1)iiregister the facility annually with the Texas Juvenile Probation Commission; and
(2)iiadhere to all applicable minimum standards for the facility.
(m)iiThe Texas Juvenile Probation Commission may deny, suspend, or revoke the registration of any facility required to register under Subsection (i) if the facility fails to:
(1)iiadhere to all applicable minimum standards for the facility; or
(2)iitimely correct any notice of noncompliance with minimum standards.
SECTIONi6.iiChapter 51, Family Code, is amended by adding Section 51.125 to read as follows:
Sec.i51.125.iiPOST-ADJUDICATION CORRECTIONAL FACILITIES. (a)iiA post-adjudication secure correctional facility for juvenile offenders may be operated only by:
(1)iia governmental unit in this state as defined by Section 101.001, Civil Practice and Remedies Code; or
(2)iia private entity under a contract with a governmental unit in this state.
(b)iiIn each county, each judge of the juvenile court and a majority of the members of the juvenile board shall personally inspect all public or private juvenile post-adjudication secure correctional facilities that are not operated by the Texas Youth Commission and that are located in the county at least annually and shall certify in writing to the authorities responsible for operating and giving financial support to the facilities and to the Texas Juvenile Probation Commission that the facility or facilities are suitable or unsuitable for the confinement of children. In determining whether a facility is suitable or unsuitable for the confinement of children, the juvenile court judges and juvenile board members shall consider:
Monday, May 21, 2007 SENATE JOURNAL 2621
(1)iicurrent monitoring and inspection reports and any noncompliance citation reports issued by the Texas Juvenile Probation Commission, including the report provided under Subsection (c), and the status of any required corrective actions; and
(2)iithe other factors described under Sections 51.12(c)(2)-(7).
(c)iiThe Texas Juvenile Probation Commission shall annually inspect each public or private juvenile post-adjudication secure correctional facility that is not operated by the Texas Youth Commission. The Texas Juvenile Probation Commission shall provide a report to each juvenile court judge presiding in the same county as an inspected facility indicating whether the facility is suitable or unsuitable for the confinement of children in accordance with minimum professional standards for the confinement of children in post-adjudication secure confinement promulgated by the Texas Juvenile Probation Commission or, at the election of the juvenile board of the county in which the facility is located, the current standards promulgated by the American Correctional Association.
(d)iiA governmental unit or private entity that operates or contracts for the operation of a juvenile post-adjudication secure correctional facility in this state under Subsection (a), except for a facility operated by or under contract with the Texas Youth Commission, shall:
(1)iiregister the facility annually with the Texas Juvenile Probation Commission; and
(2)iiadhere to all applicable minimum standards for the facility.
(e)iiThe Texas Juvenile Probation Commission may deny, suspend, or revoke the registration of any facility required to register under Subsection (d) if the facility fails to:
(1)iiadhere to all applicable minimum standards for the facility; or
(2)iitimely correct any notice of noncompliance with minimum standards.
SECTIONi7.iiSections 54.04(d) and (u), Family Code, are amended to read as follows:
(d)iiIf the court or jury makes the finding specified in Subsection (c) allowing the court to make a disposition in the case:
(1)iithe court or jury may, in addition to any order required or authorized under Section 54.041 or 54.042, place the child on probation on such reasonable and lawful terms as the court may determine:
(A)iiin the child's own home or in the custody of a relative or other fit person; or
(B)iisubject to the finding under Subsection (c) on the placement of the child outside the child's home, in:
(i)iia suitable foster home; or
(ii)iia suitable public or private institution or agency, except the Texas Youth Commission;
(2)iiif the court or jury found at the conclusion of the adjudication hearing
that the child engaged in delinquent conduct that violates a penal law of this state or
the United States of the grade of felony [or, if the requirements of Subsection (s) or (t)
2622 80th Legislature — Regular Session 65th Day (Cont.)
(3)iiif the court or jury found at the conclusion of the adjudication hearing
that the child engaged in delinquent conduct that included a violation of a penal law
listed in Section 53.045(a) and if the petition was approved by the grand jury under
Section 53.045, the court or jury may sentence the child to commitment in the Texas
Youth Commission with a possible transfer to the [institutional division or the pardons
and paroles division of the] Texas Department of Criminal Justice for a term of:
(A)iinot more than 40 years if the conduct constitutes:
(i)iia capital felony;
(ii)iia felony of the first degree; or
(iii)iian aggravated controlled substance felony;
(B)iinot more than 20 years if the conduct constitutes a felony of the second degree; or
(C)iinot more than 10 years if the conduct constitutes a felony of the third degree;
(4)iithe court may assign the child an appropriate sanction level and sanctions as provided by the assignment guidelines in Section 59.003; or
(5)iiif applicable, the court or jury may make a disposition under Subsection (m).
(u)iiFor the purposes of disposition under Subsection (d)(2), delinquent conduct
that violates a penal law of this state of the grade of felony [or misdemeanor] does not
include conduct that violates a lawful order of a county, municipal, justice, or juvenile
court under circumstances that would constitute contempt of that court.
SECTIONi8.iiChapter 54, Family Code, is amended by adding Section 54.0401 to read as follows:
Sec.i54.0401.iiCOMMUNITY-BASED PROGRAMS. (a) This section applies only to a county that has a population of at least 335,000.
(b)iiA juvenile court of a county to which this section applies may require a child who is found to have engaged in delinquent conduct that violates a penal law of the grade of misdemeanor and for whom the requirements of Subsection (c) are met to participate in a community-based program administered by the county's juvenile board.
(c)iiA juvenile court of a county to which this section applies may make a disposition under Subsection (b) for delinquent conduct that violates a penal law of the grade of misdemeanor:
(1)iiif:
(A)iithe child has been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of misdemeanor on at least two previous occasions;
(B)iiof the previous adjudications, the conduct that was the basis for one of the adjudications occurred after the date of another previous adjudication; and
(C)iithe conduct that is the basis of the current adjudication occurred after the date of at least two previous adjudications; or
(2)iiif:
Monday, May 21, 2007 SENATE JOURNAL 2623
(A)iithe child has been adjudicated as having engaged in delinquent conduct violating a penal law of the grade of felony on at least one previous occasion; and
(B)iithe conduct that is the basis of the current adjudication occurred after the date of that previous adjudication.
(d)iiThe Texas Juvenile Probation Commission shall establish guidelines for the implementation of community-based programs described by this section. The juvenile board of each county to which this section applies shall implement a community-based program that complies with those guidelines.
(e)iiThe Texas Juvenile Probation Commission shall provide grants to selected juvenile boards to assist with the implementation of a system of community-based programs under this section.
(f)iiNot later than January 1, 2009, the Texas Juvenile Probation Commission shall prepare and deliver to the governor, the lieutenant governor, and each member of the legislature a report describing the implementation and effectiveness of the community-based programs described by this section. The report must include information relating to the cost of requiring a child to participate in a community-based program. This subsection expires February 1, 2009.
SECTIONi9.iiSection 54.05(f), Family Code, is amended to read as follows:
(f)iiExcept as provided by Subsection (j), a disposition based on a finding that
the child engaged in delinquent conduct that violates a penal law of this state or the
United States of the grade of felony [or, if the requirements of Subsection (k) are met,
of the grade of misdemeanor,] may be modified so as to commit the child to the Texas
Youth Commission if the court after a hearing to modify disposition finds by a
preponderance of the evidence that the child violated a reasonable and lawful order of
the court. A disposition based on a finding that the child engaged in habitual felony
conduct as described by Section 51.031 or in delinquent conduct that included a
violation of a penal law listed in Section 53.045(a) may be modified to commit the
child to the Texas Youth Commission with a possible transfer to the [institutional
division or the pardons and paroles division of the] Texas Department of Criminal
Justice for a definite term prescribed by Section 54.04(d)(3) if the original petition
was approved by the grand jury under Section 53.045 and if after a hearing to modify
the disposition the court finds that the child violated a reasonable and lawful order of
the court.
SECTIONi10.iiChapter 54, Family Code, is amended by adding Section 54.052 to read as follows:
Sec.i54.052.iiCREDIT FOR TIME SPENT IN DETENTION FACILITY FOR CHILD WITH DETERMINATE SENTENCE. (a) This section applies only to a child who is committed to the Texas Youth Commission under a determinate sentence under Section 54.04(d)(3) or (m) or Section 54.05(f).
(b)iiThe judge of the court in which a child is adjudicated shall give the child credit on the child's sentence for the time spent by the child, in connection with the conduct for which the child was adjudicated, in a secure detention facility before the child's transfer to a Texas Youth Commission facility.
2624 80th Legislature — Regular Session 65th Day (Cont.)
(c)iiIf a child appeals the child's adjudication and is retained in a secure detention facility pending the appeal, the judge of the court in which the child was adjudicated shall give the child credit on the child's sentence for the time spent by the child in a secure detention facility pending disposition of the child's appeal. The court shall endorse on both the commitment and the mandate from the appellate court all credit given the child under this subsection.
(d)iiThe Texas Youth Commission shall grant any credit under this section in computing the child's eligibility for parole and discharge.
SECTIONi11.iiSection 58.106(a), Family Code, is amended to read as follows:
(a)iiExcept as otherwise provided by this section, information contained in the juvenile justice information system is confidential information for the use of the department and may not be disseminated by the department except:
(1)iiwith the permission of the juvenile offender, to military personnel of this state or the United States;
(2)iito a person or entity to which the department may grant access to adult criminal history records as provided by Section 411.083, Government Code;
(3)iito a juvenile justice agency; [and]
(4)iito [the Criminal Justice Policy Council,] the Texas Youth Commission[,]
and the Texas Juvenile Probation Commission for analytical purposes; and
(5)iito the office of independent ombudsman of the Texas Youth Commission.
SECTIONi12.iiSection 261.201, Family Code, is amended by adding Subsections (i) and (j) to read as follows:
(i)iiNotwithstanding Subsection (a), the Texas Youth Commission shall release a report of alleged or suspected abuse or neglect made under this chapter if:
(1)iithe report relates to a report of abuse or neglect involving a child committed to the commission during the period that the child is committed to the commission; and
(2)iithe commission is not prohibited by Chapter 552, Government Code, or other law from disclosing the report.
(j)iiThe Texas Youth Commission shall edit any report disclosed under Subsection (i) to protect the identity of:
(1)iia child who is the subject of the report of alleged or suspected abuse or neglect;
(2)iithe person who made the report; and
(3)iiany other person whose life or safety may be endangered by the disclosure.
SECTIONi13.iiSection 41.102, Government Code, is amended by adding Subsection (c) to read as follows:
(c)iiThe attorney general may offer to assist a prosecuting attorney in the prosecution of criminal offenses concerning the Texas Youth Commission.
SECTIONi14.iiChapter 41, Government Code, is amended by adding Subchapter E to read as follows:
SUBCHAPTERiE.iiSPECIAL PROSECUTION UNIT
Sec.i41.301.iiDEFINITIONS. In this subchapter:
(1)ii"Board of directors" means the board of directors of the unit.
Monday, May 21, 2007 SENATE JOURNAL 2625
(2)ii"Commission" means the Texas Youth Commission.
(3)ii"Department" means the Texas Department of Criminal Justice.
(4)ii"Executive board" means the executive board governing the board of directors of the unit.
(5)ii"Prosecuting attorney" means a district attorney, a criminal district attorney, or a county attorney representing the state in criminal matters before the district or inferior courts of the county.
(6)ii"Unit" means the special prosecution unit.
Sec.i41.302.iiGENERAL FUNCTION OF SPECIAL PROSECUTION UNIT. The special prosecution unit is an independent unit that cooperates with and supports prosecuting attorneys in prosecuting offenses and delinquent conduct described by Article 104.003(a), Code of Criminal Procedure.
Sec.i41.303.iiBOARD OF DIRECTORS. (a)iiThe unit is governed by a board of directors composed of each prosecuting attorney who represents the state in criminal matters before a court in a county in which one or more facilities owned or operated by or under contract with the department or the commission are located.
(b)iiA prosecuting attorney described by Subsection (a) shall serve on the board of directors in addition to the other duties of the prosecuting attorney assigned by law.
Sec.i41.304.iiEXECUTIVE BOARD. (a) The board of directors is governed by an executive board composed of 11 members elected by the membership of the board of directors on a majority vote from among that membership, as follows:
(1)iione member of the executive board who represents the state in criminal matters before a court in a county in which one or more facilities owned or operated by or under contract with the commission are located shall be elected on a majority vote of the members of the board of directors to serve a term expiring in an even-numbered year;
(2)iian additional four members of the executive board shall be elected on a majority vote of the members of the board of directors to serve terms expiring in even-numbered years;
(3)iione member of the executive board who represents the state in criminal matters before a court in a county in which one or more facilities owned or operated by or under contract with the commission are located shall be elected on a majority vote of the members of the board of directors to serve a term expiring in an odd-numbered year; and
(4)iian additional five members of the executive board shall be elected on a majority vote of the members of the board of directors to serve terms expiring in odd-numbered years.
(b)iiIf a vacancy on the executive board occurs, the board of directors shall elect a person to serve the remainder of the vacating member's term in the manner provided by Subsection (a). To be eligible for election under this subsection, a person must meet any qualifications required of the vacating member for service on the executive board.
Sec.i41.305.iiOFFICERS. (a) The members of the board of directors, on a majority vote, shall elect from among the membership of the executive board a presiding officer and an assistant presiding officer. The presiding officer serves as the
2626 80th Legislature — Regular Session 65th Day (Cont.)
(b)iiThe presiding officer and the assistant presiding officer serve terms of one year.
(c)iiThe assistant presiding officer serves as presiding officer of the board of directors and the executive board in the presiding officer's absence or if a vacancy occurs in that office until a new presiding officer is elected as provided by Subsection (d).
(d)iiIf a vacancy occurs in the office of presiding officer or assistant presiding officer, the board of directors shall elect a person to serve the remainder of the vacating officer's term in the manner provided by Subsection (a).
Sec.i41.306.iiMEMBERSHIP ON BOARD OF DIRECTORS OR EXECUTIVE BOARD NOT A CIVIL OFFICE OF EMOLUMENT. A position on the board of directors or the executive board may not be construed to be a civil office of emolument for any purpose, including those purposes described in Section 40, Article XVI, Texas Constitution.
Sec.i41.307.iiREIMBURSEMENT FOR EXPENSES. A member of the board of directors or executive board is not entitled to compensation for service on the board of directors or executive board, if applicable, but is entitled to be reimbursed for necessary expenses incurred in carrying out the duties and responsibilities of a member of the board of directors and the executive board, if applicable, as provided by the General Appropriations Act.
Sec.i41.308.iiCHIEF OF SPECIAL PROSECUTION UNIT; ADDITIONAL EMPLOYEES. The board of directors, on a majority vote, shall employ a person to serve as chief of the unit and additional persons to accomplish the unit's purposes. The board of directors may determine the compensation of the unit's employees.
Sec.i41.309.iiELECTION OF COUNSELLOR.ii(a) The executive board, on a majority vote, shall elect a counsellor.
(b)iiTo be eligible to serve as a counsellor, a person must:
(1)iibe certified in criminal law by the Texas Board of Legal Specialization;
(2)iihave at least five years of experience as a lawyer assisting prosecuting attorneys in prosecuting offenses or delinquent conduct committed on state property used for the custody of persons charged with or convicted of offenses or used for the custody of children charged with or adjudicated as having engaged in delinquent conduct or conduct indicating a need for supervision; or
(3)iihave served for at least five years as a prosecuting attorney or as a judge of a district court, a court of appeals, or the court of criminal appeals.
Sec.i41.310.iiDUTIES OF COUNSELLOR. (a) The counsellor elected in accordance with Section 41.309:
(1)iishall coordinate prosecution issues in and monitor each case involving an offense or delinquent conduct described by Article 104.003(a), Code of Criminal Procedure, that concerns the commission;
(2)iishall work with criminal justice analysts employed by the Legislative Budget Board and other persons who monitor cases involving offenses or delinquent conduct described by Article 104.003(a), Code of Criminal Procedure; and
Monday, May 21, 2007 SENATE JOURNAL 2627
(3)iimay conduct an investigation of any alleged illegal or improper conduct by commission officers, employees, or contractors that the counsellor reasonably believes:
(A)iijeopardizes the health, safety, and welfare of children in the custody of the commission; and
(B)iicould constitute an offense described by Article 104.003(a), Code of Criminal Procedure.
(b)iiIn addition to the duties prescribed by Subsection (a), the counsellor shall on a quarterly basis provide the board of directors and the standing committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities with a report concerning offenses or delinquent conduct prosecuted by the unit on receiving a request for assistance under Section 61.098, Human Resources Code, or a request for assistance otherwise from a prosecuting attorney. A report under this subsection is public information under Chapter 552, Government Code, and the board of directors shall request that the commission publish the report on the commission's Internet website. A report must be both aggregated and disaggregated by individual facility and include information relating to:
(1)iithe number of requests for assistance received under Section 61.098, Human Resources Code, and requests for assistance otherwise received from prosecuting attorneys;
(2)iithe number of cases investigated and the number of cases prosecuted;
(3)iithe types and outcomes of cases prosecuted, such as whether the case concerned narcotics or an alleged incident of sexual abuse; and
(4)iithe relationship of a victim to a perpetrator, if applicable.
(c)iiThe counsellor, in consultation with the board of directors, shall notify the foreman of the appropriate grand jury, in the manner provided by Article 20.09, Code of Criminal Procedure, if:
(1)iithe counsellor receives credible evidence of illegal or improper conduct by commission officers, employees, or contractors that the counsellor reasonably believes jeopardizes the health, safety, and welfare of children in the custody of the commission;
(2)iithe counsellor reasonably believes the conduct:
(A)iicould constitute an offense described by Article 104.003(a), Code of Criminal Procedure; and
(B)iiinvolves the alleged physical or sexual abuse of a child in the custody of a commission facility or an investigation related to the alleged abuse; and
(3)iithe counsellor has reason to believe that information concerning the conduct has not previously been presented to the appropriate grand jury.
SECTIONi15.iiChapter 325, Government Code, is amended by adding Sections 325.0121 and 325.0122 to read as follows:
Sec.i325.0121.iiSTUDY ON TRANSITION TOWARD REGIONALIZED JUVENILE CORRECTIONS. (a) As part of its review of juvenile corrections for the 81st Legislature, the commission shall study the merits of moving the Texas Youth
2628 80th Legislature — Regular Session 65th Day (Cont.)
(1)iirecidivism;
(2)iijuvenile and family access to services; and
(3)iicosts to this state and the counties of this state.
(b)iiIn conducting the study, the commission shall determine whether the existing Texas Youth Commission facilities meet their intended purposes.
(c)iiThe commission shall take into consideration the findings and conclusions of the study in its report to the 81st Legislature and shall include any recommendations it considers appropriate resulting from its consideration of the study.
(d)iiThe commission, in conducting the study, may seek the assistance of nationally recognized experts in the field of juvenile justice.
(e)iiThis section expires September 1, 2009.
Sec.i325.0122.iiSTUDY ON GOVERNANCE OF TEXAS YOUTH COMMISSION. (a) The commission shall study the merits of an executive commissioner governing the Texas Youth Commission as compared to a citizen board.
(b)iiThe commission shall make recommendations concerning the governance of the Texas Youth Commission in its report to the legislature under Section 325.012 as part of its review of the Texas Youth Commission, which, as provided by Section 61.020, Human Resources Code, is abolished September 1, 2009, unless continued in existence as provided by this chapter.
(c)iiThis section expires September 1, 2009.
SECTIONi16.iiSection 411.1141(a), Government Code, is amended to read as follows:
(a)iiThe Texas Youth Commission is entitled to obtain from the department
criminal history record information maintained by the department that relates to a
person described by Section 61.0357(b), Human Resources Code [who is:
[(1)iian applicant for a position with the Texas Youth Commission;
[(2)iia volunteer or an intern, or an applicant volunteer or intern, with the
Texas Youth Commission;
[(3)iia business entity or person who contracts with the Texas Youth
Commission to provide direct delivery services to youth;
[(4)iian employee of, or an applicant for employment with, a business entity
or person who contracts with the Texas Youth Commission to provide direct delivery
of services to youth; or
[(5)iia volunteer or an intern, or an applicant volunteer or intern, with a
business entity or person who contracts with the Texas Youth Commission to provide
direct delivery of services to youth].
SECTIONi17.iiChapter 493, Government Code, is amended by adding Section 493.026 to read as follows:
Sec.i493.026.iiINSPECTOR GENERAL REPORT ON CRIMINAL OFFENSES. (a) In this section, "special prosecution unit" means the special prosecution unit established under Subchapter E, Chapter 41.
Monday, May 21, 2007 SENATE JOURNAL 2629
(b)iiThe inspector general of the department shall on a quarterly basis prepare and deliver to the board of directors of the special prosecution unit a report concerning any alleged criminal offense concerning the department and described by Article 104.003(a), Code of Criminal Procedure, that occurred during the preceding calendar quarter.
SECTIONi18.iiSection 497.052(b), Government Code, is amended to read as follows:
(b)iiThe following individuals shall serve as ex officio members of the authority:
(1)iia member of the house of representatives designated by the speaker of the house;
(2)iia member of the senate designated by the lieutenant governor;
(3)iithe executive director of the Texas Department of Criminal Justice or the designee of the executive director;
(4)iithe executive director of the Texas Workforce Commission or the designee of the executive director; and
(5)iithe executive commissioner [director] of the Texas Youth Commission
or the designee of the executive commissioner [director].
SECTIONi19.iiSection 508.156(a), Government Code, is amended to read as follows:
(a)iiBefore the release of a person who is transferred under Section 61.081(f) or
61.084(g) [61.084(f) or (g)], Human Resources Code, to the division for release on
parole, a parole panel shall review the person's records and may interview the person
or any other person the panel considers necessary to determine the conditions of
parole. The panel may impose any reasonable condition of parole on the person that
the panel may impose on an adult inmate under this chapter.
SECTIONi20.iiSubchapter A, Chapter 531, Government Code, is amended by adding Section 531.016 to read as follows:
Sec.i531.016.iiEQUAL ACCESS TO FACILITIES, SERVICES, AND TREATMENT. (a) The commission, the Texas Youth Commission, and the Texas Juvenile Probation Commission shall periodically review, document, and compare the accessibility and funding of facilities, services, and treatment provided to females under 18 years of age to the accessibility and funding of facilities, services, and treatment provided to males in the same age group.
(b)iiThe commission shall coordinate the review, documentation, and comparison required by Subsection (a).
(c)iiThe areas of review required by Subsection (a) must include:
(1)iithe nature, extent, and effectiveness of services offered for females under 18 years of age within the areas of teen pregnancy, physical and sexual abuse, and alcohol and drug abuse, services for runaway and homeless females, and services for females involved in gangs or other delinquent activity; and
(2)iithe equity of services offered to persons under 18 years of age with respect to gender within the areas of physical and sexual abuse, alcohol and drug abuse, and services offered to runaway and homeless youth.
(d)iiEach health and human services agency or other state agency that provides facilities, services, treatment, or funding subject to the review required by Subsection (a) shall identify existing differences within the agency in the allocation and
2630 80th Legislature — Regular Session 65th Day (Cont.)
(e)iiEach agency described by Subsection (d) shall:
(1)iidevelop a plan to address any lack of services for females under 18 years of age reported by the agency; and
(2)iisubmit a report to the commission on the progress made under the plan.
(f)iiThe commission shall assemble the agency reports submitted under Subsections (d) and (e) and prepare an executive summary to be delivered to the members of the legislature not later than July 1 of each even-numbered year.
(g)iiThis section expires September 1, 2011.
SECTIONi21.iiSection 811.001(9), Government Code, is amended to read as follows:
(9)ii"Law enforcement officer" means a member of the retirement system who:
(A)iihas been commissioned as a law enforcement officer by the
Department of Public Safety, the Texas Alcoholic Beverage Commission, [or] the
Parks and Wildlife Department, or the office of inspector general at the Texas Youth
Commission; and
(B)iiis recognized as a commissioned law enforcement officer by the Commission on Law Enforcement Officer Standards and Education.
SECTIONi22.iiSection 814.104(b), Government Code, is amended to read as follows:
(b)iiA member who is at least 55 years old and who has at least 10 years of
service credit as a commissioned peace officer engaged in criminal law enforcement
activities of the Department of Public Safety, the Texas Alcoholic Beverage
Commission, [or] the Parks and Wildlife Department, or the office of inspector
general at the Texas Youth Commission, or as a custodial officer, is eligible to retire
and receive a service retirement annuity.
SECTIONi23.iiSection 815.505, Government Code, is amended to read as follows:
Sec.i815.505.iiCERTIFICATION OF NAMES OF LAW ENFORCEMENT AND CUSTODIAL OFFICERS. Not later than the 12th day of the month following the month in which a person begins or ceases employment as a law enforcement officer or custodial officer, the Public Safety Commission, the Texas Alcoholic Beverage Commission, the Parks and Wildlife Commission, the office of inspector general at the Texas Youth Commission, the Board of Pardons and Paroles, or the Texas Board of Criminal Justice, as applicable, shall certify to the retirement system, in the manner prescribed by the system, the name of the employee and such other information as the system determines is necessary for the crediting of service and financing of benefits under this subtitle.
SECTIONi24.iiSection 551.008(a), Health and Safety Code, is amended to read as follows:
Monday, May 21, 2007 SENATE JOURNAL 2631
(a)iiThe department may transfer the South Campus of the Vernon State Hospital
to the Texas Youth Commission contingent upon the agreement of the governing
board of the department and the executive commissioner [governing board] of the
Texas Youth Commission.
SECTIONi25.iiSection 42.041(b), Human Resources Code, is amended to read as follows:
(b)iiThis section does not apply to:
(1)iia state-operated facility;
(2)iian agency foster home or agency foster group home;
(3)iia facility that is operated in connection with a shopping center, business, religious organization, or establishment where children are cared for during short periods while parents or persons responsible for the children are attending religious services, shopping, or engaging in other activities on or near the premises, including but not limited to retreats or classes for religious instruction;
(4)iia school or class for religious instruction that does not last longer than two weeks and is conducted by a religious organization during the summer months;
(5)iia youth camp licensed by the Department of State Health Services
[Texas Department of Health];
(6)iia facility licensed, operated, certified, or registered by another state agency;
(7)iian educational facility accredited by the Texas Education Agency or the Southern Association of Colleges and Schools that operates primarily for educational purposes in grades kindergarten and above, an after-school program operated directly by an accredited educational facility, or an after-school program operated by another entity under contract with the educational facility, if the Texas Education Agency or Southern Association of Colleges and Schools has approved the curriculum content of the after-school program operated under the contract;
(8)iian educational facility that operates solely for educational purposes in grades kindergarten through at least grade two, that does not provide custodial care for more than one hour during the hours before or after the customary school day, and that is a member of an organization that promulgates, publishes, and requires compliance with health, safety, fire, and sanitation standards equal to standards required by state, municipal, and county codes;
(9)iia kindergarten or preschool educational program that is operated as part of a public school or a private school accredited by the Texas Education Agency, that offers educational programs through grade six, and that does not provide custodial care during the hours before or after the customary school day;
(10)iia family home, whether registered or listed;
(11)iian educational facility that is integral to and inseparable from its sponsoring religious organization or an educational facility both of which do not provide custodial care for more than two hours maximum per day, and that offers educational programs for children age five and above in one or more of the following: kindergarten through at least grade three, elementary, or secondary grades;
2632 80th Legislature — Regular Session 65th Day (Cont.)
(12)iian emergency shelter facility providing shelter to minor mothers who are the sole support of their natural children under Section 32.201, Family Code, unless the facility would otherwise require a license as a child-care facility under this section;
(13)iia juvenile detention facility certified under Section 51.12, Family
Code, a juvenile correctional facility certified under Section 51.125, Family Code, [or
Section 141.042(d),] a juvenile facility providing services solely for the Texas Youth
Commission, or any other correctional facility for children operated or regulated by
another state agency or by a political subdivision of the state;
(14)iian elementary-age (ages 5-13) recreation program operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinances shall include, at a minimum, staffing ratios, minimum staff qualifications, minimum facility, health, and safety standards, and mechanisms for monitoring and enforcing the adopted local standards; and further provided that parents be informed that the program is not licensed by the state and the program may not be advertised as a child-care facility; or
(15)iian annual youth camp held in a municipality with a population of more than 1.5 million that operates for not more than three months and that has been operated for at least 10 years by a nonprofit organization that provides care for the homeless.
SECTIONi26.iiSection 42.052(h), Human Resources Code, is amended to read as follows:
(h)iiThe certification requirements of this section do not apply to a juvenile
detention facility certified under Section 51.12, Family Code, or a juvenile
correctional facility certified under Section 51.125, Family Code [or Section
141.042(d)].
SECTIONi27.iiSection 61.001, Human Resources Code, is amended by amending Subdivisions (2) and (4) and adding Subdivision (7) to read as follows:
(2)ii"Advisory board" ["Board"] means the advisory [governing] board of
the commission.
(4)ii"Executive commissioner [director]" means the executive commissioner
[director] of the commission.
(7)ii"Office of inspector general" means the office of inspector general established under Section 61.0451.
SECTIONi28.iiSections 61.012 and 61.0121, Human Resources Code, are amended to read as follows:
Sec.i61.012.iiEXECUTIVE COMMISSIONER [MEMBERS OF THE
GOVERNING BOARD]. (a) The [governing board of the] Texas Youth Commission
is governed by an executive commissioner [consists of seven members] appointed by
the governor with the consent of the senate. The appointment of the executive
commissioner [Appointments to the board] shall be made without regard to the race,
color, disability, sex, religion, age, or national origin of the appointee [appointees].
(b)ii[Members of the board must be citizens who are recognized within their
communities for their interest in youth.
Monday, May 21, 2007 SENATE JOURNAL 2633
[(c)]iiThe executive commissioner holds [board members hold] office for a term
of not more than two years expiring February 1 of odd-numbered [staggered terms of
six years, with the terms of two or three members expiring every two] years.
(c)iiThe executive commissioner [(d) A member] is eligible for reappointment
with the consent of the senate.
(d)iiThe executive commissioner is a full-time state officer who is entitled to a salary and reimbursement for actual expenses incurred while on commission business.
(e)iiThis section expires September 1, 2009.
Sec.i61.0121.iiQUALIFICATIONS FOR EXECUTIVE COMMISSIONER,
ADVISORY BOARD MEMBERS, AND EMPLOYEES. (a) A person is not eligible
for appointment as executive commissioner or as a member of [to] the advisory 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 receiving funds from the commission;
(2)iiowns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization receiving funds from the commission; or
(3)iiuses or receives a substantial amount of tangible goods, services, or
funds from the commission, other than compensation or reimbursement authorized by
law [for board membership, attendance, or expenses].
(b)iiAn officer, employee, or paid consultant of a Texas trade association in the field of criminal or juvenile justice may not be the executive commissioner, a member of the advisory board, or an employee of the commission who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule.
(c)iiA person who is the spouse of an officer, manager, or paid consultant of a
Texas trade association in the field of criminal justice or juvenile justice may not be
the executive commissioner, a member of the advisory board, or [and may not be] an
employee of the commission who is exempt from the state's position classification
plan or is compensated at or above the amount prescribed by the General
Appropriations Act for step 1, salary group 17, of the position classification salary
schedule.
(d)iiFor the purposes of this section, a Texas trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(e)iiA person may not be appointed as executive commissioner, serve as a member of the advisory board, or act as the general counsel to the executive commissioner, the advisory board, or the commission if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the commission.
(f)iiThis section expires September 1, 2009.
SECTIONi29.iiSubchapter B, Chapter 61, Human Resources Code, is amended by adding Section 61.0123 to read as follows:
2634 80th Legislature — Regular Session 65th Day (Cont.)
Sec.i61.0123.iiREMOVAL OF EXECUTIVE COMMISSIONER FROM OFFICE. (a) It is a ground for removal from office as executive commissioner if the executive commissioner:
(1)iidoes not have at the time of appointment the qualifications required by Section 61.0121(a) for appointment;
(2)iidoes not maintain while serving as executive commissioner the qualifications required by Section 61.0121(a) for appointment; or
(3)iiviolates a prohibition established by Section 61.0121(b) or (c).
(b)iiThe validity of an action of the executive commissioner is not affected by the fact that it was taken when a ground for removal existed.
(c)iiIf the advisory board has knowledge that a potential ground for removal exists under this section, the chairman of the advisory board shall notify the executive commissioner, the governor, and the attorney general of the potential ground for removal.
(d)iiThis section expires September 1, 2009.
SECTIONi30.iiSection 61.013, Human Resources Code, is amended to read as follows:
Sec.i61.013.iiADVISORY BOARD [PRESIDING OFFICER; MEETINGS]. (a)
An advisory board for the commission is established to:
(1)iiadvise the executive commissioner on matters concerning the commission; and
(2)iiassist the executive commissioner in the performance of the executive
commissioner's duties. [The governor shall designate a member of the board as the
chairman of the board to serve in that capacity at the pleasure of the governor.]
(b)iiThe advisory board is composed of nine members. Three members shall be
appointed by the governor, three members shall be appointed by the lieutenant
governor, and three members shall be appointed by the speaker of the house of
representatives. The governor, lieutenant governor, and speaker of the house of
representatives shall coordinate to ensure that the membership of the advisory board
meets the requirements of Subsection (d). The governor shall designate a member of
the advisory board as the chairman of the advisory board to serve in that capacity at
the pleasure of the governor. [The board shall meet at least four times each year.]
(c)iiThe appointment of a member of the advisory board shall be made without
regard to the race, color, disability, sex, religion, age, or national origin of the
appointee [A meeting shall be held on the call of the chairman or on the request of
four members at the time and place designated by the chairman].
(d)iiMembers of the advisory board must be citizens who are recognized within their communities for their interest in youth. The board shall be composed of at least one physician, an experienced member of a victims advocacy organization, a mental health professional, and a current or former prosecutor or judge. A majority of the members of the advisory board must be qualified, by experience or education, in the development and administration of programs for the rehabilitation and reestablishment in society of children in the custody of agencies similar in mission and scope to the commission. At least two of the members of the advisory board must have primary experience in a field other than the field of criminal or juvenile justice.
Monday, May 21, 2007 SENATE JOURNAL 2635
(e)iiThe advisory board shall meet at least four times each year. A meeting shall be held at the call of the chairman or on the request of five members at a time and place designated by the chairman.
(f)iiAdvisory board members are entitled to receive a per diem in the amount provided in the General Appropriations Act for not more than 90 days in any fiscal year, plus reimbursement for actual expenses incurred while on advisory board business.
(g)iiA member of the advisory board serves at the pleasure of the person who appointed the member.
(h)iiThis section expires September 1, 2009.
SECTIONi31.iiSections 61.019 and 61.0191, Human Resources Code, are amended to read as follows:
Sec.i61.019.iiDELEGATION OF POWERS AND DUTIES. (a) Any power,
duty, or function of the commission that is not assigned by statute to the chief
inspector general of the office of inspector general [or of the board] may be exercised
and performed by the executive commissioner.
(b)iiThe executive commissioner may delegate to [director or] any [member or]
employee designated or assigned by the [board or by the] executive commissioner a
power, duty, or function of the executive commissioner or the commission that is not
already assigned by statute to the chief inspector general of the office of inspector
general [director].
(c)iiThis section expires September 1, 2009.
Sec.i61.0191.iiAUDIT; AUTHORITY OF STATE AUDITOR. (a)iiThe
[financial transactions of the] commission is [are] subject to audit by the state auditor
in accordance with Chapter 321, Government Code.
(b)iiThe state auditor, on request of the office of inspector general, may provide information or other assistance to the office of inspector general that the state auditor determines is appropriate. The office of inspector general may coordinate with the state auditor to review or schedule a plan for an investigation under Section 61.0451 or share other information.
(c)iiThe state auditor may access all information maintained by the office of inspector general, such as vouchers, electronic data, and internal records, including information that is otherwise confidential under law. Information obtained by the state auditor under this subsection is confidential and is not subject to disclosure under Chapter 552, Government Code.
(d)iiAny provision of this chapter relating to the operations of the office of inspector general does not:
(1)iisupersede the authority of the state auditor to conduct an audit under Chapter 321, Government Code; or
(2)iiprohibit the state auditor from:
(A)iiconducting an audit, investigation, or other review; or
(B)iihaving full and complete access to all records and other information concerning the commission, including any witness statement or electronic data, that the state auditor considers necessary for the audit, investigation, or review.
SECTIONi32.iiSection 61.022, Human Resources Code, is amended to read as follows:
2636 80th Legislature — Regular Session 65th Day (Cont.)
Sec.i61.022.iiACCESSIBILITY TO PROGRAMS AND FACILITIES. The
commission shall comply with federal and state laws related to program and facility
accessibility. The executive commissioner [director] shall also prepare and maintain a
written plan that describes how a person who does not speak English can be provided
reasonable access to the commission's programs and services.
SECTIONi33.iiSubchapter B, Chapter 61, Human Resources Code, is amended by adding Sections 61.023 and 61.024 to read as follows:
Sec.i61.023.iiACCREDITATION BY AMERICAN CORRECTIONAL ASSOCIATION. Not later than September 1, 2007, the commission shall adopt a plan for and begin the process of receiving accreditation by the American Correctional Association for each correctional facility operated by or under contract with the commission.
Sec.i61.024.iiGOVERNANCE OF COMMISSION. (a) Notwithstanding any other provision of this chapter, effective September 1, 2009, the commission is governed by a board that consists of seven members appointed by the governor with the advice and consent of the senate. Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
(b)iiMembers of the board must be citizens who are recognized within their communities for their interest in youth. The board shall be composed of at least one physician, an experienced member of a victims advocacy organization, a mental health professional, and a current or former prosecutor or judge. A majority of the members of the board must be qualified, by experience or education, in the development and administration of programs for the rehabilitation and reestablishment in society of children in the custody of agencies similar in mission and scope to the commission. At least two of the members of the board must have primary experience in a field other than the field of criminal or juvenile justice.
(c)iiThe board shall meet at least four times each year. A meeting shall be held at the call of the chairman or on the request of five members at a time and place designated by the chairman. Board members are entitled to receive a per diem in the amount provided in the General Appropriations Act for not more than 90 days in any fiscal year, plus reimbursement for actual expenses incurred while on board business.
(d)iiEffective September 1, 2009, the commission shall employ an executive director, selected by the board, to serve at the will of the board. The executive director shall devote full time to the work of the commission. The executive director is entitled to actual expenses while on commission business.
(e)iiEffective September 1, 2009:
(1)iia reference in law to the executive commissioner is a reference to the board in matters concerning the governance of the commission, policymaking functions of the commission, or rulemaking functions of the commission; and
(2)iia reference in law to the executive commissioner is a reference to the executive director in matters concerning the administrative functions of the commission.
SECTIONi34.iiSection 61.0315, Human Resources Code, is amended to read as follows:
Monday, May 21, 2007 SENATE JOURNAL 2637
Sec.i61.0315.ii[REVIEW OF] TREATMENT PROGRAMS. (a) The
commission shall annually review the effectiveness of the commission's programs for
the rehabilitation and reestablishment in society of children committed to the
commission, including programs for sex offenders, capital offenders, children who are
chemically dependent, [and] emotionally disturbed children, and females.
(b)iiOn or before December 31 of each year, the commission shall make a report on the effectiveness of the programs to the Legislative Budget Board.
(c)iiThe commission shall offer or make available programs described by Subsection (a) in an adequate manner so that a child in the custody of the commission receives appropriate rehabilitation services recommended for the child by the court committing the child to the commission.
(d)iiIf the commission is unable to offer or make available programs described by Subsection (a) in the manner provided by Subsection (c), the commission shall, not later than January 10 of each odd-numbered year, provide the standing committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities with a report explaining:
(1)iiwhich programs are not offered or are unavailable; and
(2)iithe reason the programs are not offered or are unavailable.
(e)iiThe commission shall periodically review, document, and compare the accessibility and funding of treatment programs provided to female children committed to the commission to the accessibility and funding of treatment provided to male children committed to the commission.
SECTIONi35.iiSubchapter C, Chapter 61, Human Resources Code, is amended by adding Sections 61.0331, 61.0332, and 61.0345 to read as follows:
Sec.i61.0331.iiINTERNAL AUDIT; REPORT. (a) The commission shall regularly conduct internal audits of the commission, including audits of:
(1)iicorrectional facilities operated by and under contract with the commission; and
(2)iimedical services provided to children in the custody of the commission.
(b)iiThe commission shall on a quarterly basis report the results of the audits to:
(1)iithe committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities; and
(2)iithe state auditor.
Sec.i61.0332.iiCOMPLIANCE REPORTS. (a) The commission shall provide the joint select committee on the operation and management of the Texas Youth Commission with reports concerning the progress of the commission in complying with the requirements of S.B. No. 103, Acts of the 80th Legislature, Regular Session, 2007. The commission shall prepare and deliver the first report to the joint select committee on December 1, 2007, the second report to the joint select committee on June 1, 2008, and the final report to the joint select committee on December 1, 2008.
(b)iiThis section expires January 1, 2009.
Sec.i61.0345.iiMISSION STATEMENT. The commission shall develop and adopt a statement regarding the role and mission of the commission.
SECTIONi36.iiSection 61.034, Human Resources Code, is amended to read as follows:
2638 80th Legislature — Regular Session 65th Day (Cont.)
Sec.i61.034.iiPOLICIES AND RULES. (a) The executive commissioner [The
commission] is responsible for the adoption of all policies and shall make rules
appropriate to the proper accomplishment of the commission's [its] functions.
(b)iiThe executive commissioner [commission] shall adopt rules for the
government of the schools, facilities, and programs under the commission's [its]
authority and shall see that the schools, facilities, and programs are conducted
according to law and to the executive commissioner's [commission's] rules. The
purpose of the rules and of all education, work, training, discipline, recreation, and
other activities in the schools, facilities, and programs is to restore and increase the
self-respect and self-reliance of the youth under the authority of the commission and
to qualify them for good citizenship and honorable employment.
SECTIONi37.iiSection 61.035, Human Resources Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows:
(b)iiExcept as otherwise provided by this chapter, an employee of the
commission is employed on an at-will basis [The commission may remove any
employee for cause, and a decision by the commission is final].
(c)iiThe commission shall establish procedures and practices governing:
(1)iiemployment-related grievances submitted by commission employees; and
(2)iidisciplinary actions within the commission, including a procedure allowing a commission employee to elect to participate in an independent dismissal mediation if the employee is recommended for dismissal.
SECTIONi38.iiSections 61.0351, 61.0352, and 61.0354, Human Resources Code, are amended to read as follows:
Sec.i61.0351.iiPROFESSIONAL INFORMATION FOR ADVISORY BOARD
MEMBERS AND EMPLOYEES. The executive commissioner [director or the
executive director's designee] shall provide to members of the advisory board and to
commission employees, as often as is necessary, information regarding their
qualification for office or employment under this chapter and their responsibilities
under applicable laws relating to standards of conduct for state officers or employees.
Sec.i61.0352.iiDIVISION OF RESPONSIBILITY. The executive commissioner
[board] shall develop and implement policies that clearly separate the policymaking
responsibilities of the executive commissioner [board] and the management
responsibilities of the [executive director and the] staff of the commission.
Sec.i61.0354.iiJOB PERFORMANCE EVALUATIONS. The executive
commissioner [director or the executive director's designee] shall develop a system of
annual performance evaluations that are based on documented employee performance.
All merit pay for commission employees must be based on the system established
under this section.
SECTIONi39.iiSection 61.0355(a), Human Resources Code, is amended to read as follows:
(a)iiThe executive commissioner [director or the executive director's designee]
shall prepare and maintain a written policy statement to assure implementation of a
program of equal employment opportunity under which all personnel transactions are
made without regard to race, color, disability, sex, religion, age, or national origin.
The policy statement shall include:
Monday, May 21, 2007 SENATE JOURNAL 2639
(1)iipersonnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with requirements of Chapter 21, Labor Code;
(2)iia comprehensive analysis of the commission's work force that meets federal or state laws, rules, and regulations and instructions promulgated directly from those laws, rules, and regulations;
(3)iiprocedures by which a determination can be made about the extent of underuse in the commission's work force of all persons of whom federal or state laws, rules, and regulations and instructions promulgated directly from those laws, rules, and regulations encourage a more equitable balance; and
(4)iireasonable methods to appropriately address those areas of underuse.
SECTIONi40.iiSubchapter C, Chapter 61, Human Resources Code, is amended by adding Sections 61.0356, 61.0357, and 61.0386 to read as follows:
Sec.i61.0356.iiJUVENILE CORRECTIONAL OFFICERS; STAFFING. (a) In this section, "juvenile correctional officer" means an employee whose primary duty includes the custodial supervision of children in the custody of the commission.
(b)iiThe commission shall provide each juvenile correctional officer employed by the commission with at least 300 hours of training, which must include on-the-job training, before the officer independently commences the officer's duties at the facility. The training must provide the officer with information and instruction related to the officer's duties, including information and instruction concerning:
(1)iithe juvenile justice system of this state, including the juvenile correctional facility system;
(2)iisecurity procedures;
(3)iithe supervision of children committed to the commission;
(4)iisigns of suicide risks and suicide precautions;
(5)iisigns and symptoms of the abuse, assault, neglect, and exploitation of a child, including sexual abuse and sexual assault, and the manner in which to report the abuse, assault, neglect, or exploitation of a child;
(6)iithe neurological, physical, and psychological development of adolescents;
(7)iicommission rules and regulations, including rules, regulations, and tactics concerning the use of force;
(8)iiappropriate restraint techniques;
(9)iithe Prison Rape Elimination Act of 2003 (42 U.S.C. Section 15601, et seq.);
(10)iithe rights and responsibilities of children in the custody of the commission;
(11)iiinterpersonal relationship skills;
(12)iithe social and cultural lifestyles of children in the custody of the commission;
(13)iifirst aid and cardiopulmonary resuscitation;
(14)iicounseling techniques;
(15)iiconflict resolution and dispute mediation, including de-escalation techniques;
(16)iibehavior management;
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(17)iimental health issues; and
(18)iiemployee rights, employment discrimination, and sexual harassment.
(c)iiThe commission may employ part-time juvenile correctional officers. A part-time juvenile correctional officer is subject to the training requirements of this section.
(d)iiIn each correctional facility operated by the commission that has a dormitory, including an open-bay dormitory, the commission must maintain a ratio of not less than one juvenile correctional officer performing direct supervisory duties for every 12 persons committed to the facility.
(e)iiThe commission shall consider the age of a juvenile correctional officer or other commission employee who performs direct supervisory duties when determining the placement of the officer or employee in a commission facility so that, to the extent practicable, an officer or employee is not supervising a child who is not more than three years younger than the officer or employee or is otherwise a similar age to the officer or employee.
(f)iiThe commission shall rotate the assignment of each juvenile correctional officer at an interval determined by the commission so that a juvenile correctional officer is not assigned to the same station for an extended period of time.
(g)iiThe commission shall ensure that at least one juvenile correctional officer is assigned to supervise in or near a classroom or other location in which children receive education services or training at the time the children are receiving the education services or training.
(h)iiThe commission shall adopt rules necessary to administer this section.
Sec.i61.0357.iiREQUIRED BACKGROUND AND CRIMINAL HISTORY CHECKS. (a) In this section:
(1)ii"Department" means the Department of Public Safety.
(2)ii"National criminal history record information" means criminal history record information obtained from the department under Subchapter F, Chapter 411, Government Code, and from the Federal Bureau of Investigation under Section 411.087, Government Code.
(b)iiThe executive commissioner shall review the national criminal history record information, state criminal history record information maintained by the department, and previous and current employment references of each person who:
(1)iiis an employee, contractor, volunteer, ombudsman, or advocate working for the commission or working in a commission facility or a facility under contract with the commission;
(2)iiprovides direct delivery of services to children in the custody of the commission; or
(3)iihas access to records in commission facilities or offices.
(c)iiTo enable the executive commissioner to conduct the review, the commission shall adopt rules requiring a person described by Subsection (b) to electronically provide the department with a complete set of the person's fingerprints in a form and of a quality acceptable to the department and the Federal Bureau of Investigation.
(d)iiFor each person described by Subsection (b), the executive commissioner shall review on an annual basis the person's national criminal history record information.
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(e)iiThe commission shall ensure that the system used to check state criminal history record information maintained by the department is capable of providing real time arrest information.
(f)iiThe commission by rule may require a person described by Subsection (b) to pay a fee related to the first national criminal history record information review conducted under this section. The amount of the fee may not exceed the administrative costs incurred by the commission in conducting the initial review, including the costs of obtaining the person's fingerprints.
(g)iiThe commission shall adopt rules necessary to administer this section.
Sec.i61.0386.iiADVOCACY AND SUPPORT GROUPS. (a) The commission shall allow advocacy and support groups whose primary functions are to benefit children, inmates, girls and women, the mentally ill, and victims of sexual assault to provide on-site information, support, and other services for children confined in commission facilities.
(b)iiThe commission shall adopt security and privacy procedures for advocacy and support groups that provide on-site information, support, and other services under this section. The security and privacy procedures may not be designed to deny an advocacy or support group access to children confined in commission facilities.
(c)iiThe commission shall adopt standards consistent with standards adopted by the Texas Department of Criminal Justice regarding the confidential correspondence of children confined in commission facilities with external entities, including advocacy and support groups.
SECTIONi41.iiSection 61.0423, Human Resources Code, is amended to read as follows:
Sec.i61.0423.iiPUBLIC HEARINGS. (a) The executive commissioner [board]
shall develop and implement policies that provide the public with a reasonable
opportunity to appear before the executive commissioner or the executive
commissioner's designee [board] and to speak on any issue under the jurisdiction of
the commission.
(b)iiThe executive commissioner shall ensure that the location of public hearings held in accordance with this section is rotated between municipalities in which a commission facility is located or that are in proximity to a commission facility.
SECTIONi42.iiSubchapter C, Chapter 61, Human Resources Code, is amended by adding Sections 61.0451, 61.0452, 61.0461, 61.061, 61.062, and 61.0651 to read as follows:
Sec.i61.0451.iiOFFICE OF INSPECTOR GENERAL. (a) The office of inspector general is established at the commission for the purpose of investigating:
(1)iicrimes committed by commission employees, including parole officers employed by or under a contract with the commission; and
(2)iicrimes committed at a facility operated by the commission or at a residential facility operated by another entity under a contract with the commission.
(b)iiThe office of inspector general shall prepare and deliver a report concerning the results of any investigation conducted under this section to:
(1)iithe executive commissioner;
(2)iithe advisory board;
(3)iithe governor;
2642 80th Legislature — Regular Session 65th Day (Cont.)
(4)iithe lieutenant governor;
(5)iithe speaker of the house of representatives;
(6)iithe standing committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities;
(7)iithe special prosecution unit;
(8)iithe state auditor; and
(9)iiany other appropriate state agency responsible for licensing or certifying commission employees or facilities.
(c)iiThe report prepared under Subsection (b) must include a summary of the actions performed by the office of inspector general in conducting the investigation, a statement of whether the investigation resulted in a finding that a criminal offense occurred, and a description of the finding. The report is public information under Chapter 552, Government Code, only to the extent authorized under that chapter and other law.
(d)iiThe office of inspector general may employ and commission inspectors general as peace officers for the purpose of carrying out the duties described by this section. An inspector general shall have all of the powers and duties given to peace officers under Article 2.13, Code of Criminal Procedure.
(e)iiPeace officers employed and commissioned under Subsection (d) must:
(1)iibe certified by the Commission on Law Enforcement Officer Standards and Education under Chapter 1701, Occupations Code; and
(2)iicomplete advanced courses relating to the duties of peace officers employed and commissioned under Subsection (d) as part of any continuing education requirements for the peace officers.
(f)iiThe executive commissioner shall select a commissioned peace officer as chief inspector general. The chief inspector general is subject to the requirements of this section and may only be discharged for cause.
(g)iiThe chief inspector general shall on a quarterly basis prepare and deliver a report concerning the operations of the office of inspector general to:
(1)iithe executive commissioner;
(2)iithe advisory board;
(3)iithe governor;
(4)iithe lieutenant governor;
(5)iithe speaker of the house of representatives;
(6)iithe standing committees of the senate and house of representatives with primary jurisdiction over correctional facilities;
(7)iithe state auditor; and
(8)iithe comptroller.
(h)iiA report prepared under Subsection (g) is public information under Chapter 552, Government Code, to the extent authorized under that chapter and other law, and the commission shall publish the report on the commission's Internet website. A report must be both aggregated and disaggregated by individual facility and include information relating to:
(1)iithe types of investigations conducted by the office of inspector general, such as whether an investigation concerned narcotics or an alleged incident of sexual abuse;
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(2)iithe relationship of a victim to a perpetrator, if applicable; and
(3)iithe number of investigations conducted concerning suicides, deaths, and hospitalizations of children in the custody of the commission.
(i)iiThe office of inspector general shall immediately report to the executive commissioner, the advisory board, the governor's general counsel, and the state auditor any particularly serious or flagrant problem concerning the administration of a commission program or operation or any interference by the executive commissioner or an employee of the commission with an investigation conducted by the office.
Sec.i61.0452.iiTOLL-FREE NUMBER. (a) The commission shall establish a permanent, toll-free number for the purpose of receiving any information concerning the abuse, neglect, or exploitation of children in the custody of the commission.
(b)iiThe office of inspector general shall ensure that:
(1)iithe toll-free number is prominently displayed in each commission facility; and
(2)iichildren in the custody of the commission and commission employees have confidential access to telephones for the purpose of calling the toll-free number.
Sec.i61.0461.iiEMPLOYMENT OR DESIGNATION OF CHAPLAIN AT CERTAIN COMMISSION FACILITIES. The commission shall ensure that a chaplain is employed or formally designated for each commission correctional facility that is an institution.
Sec.i61.061.iiPLACEMENT IN COMMISSION FACILITIES. (a) The commission may not assign a child younger than 15 years of age to the same correctional facility dormitory as a person who is at least 17 years of age unless the commission determines that the placement is necessary to ensure the safety of children in the custody of the commission. This subsection does not apply to a dormitory that is used exclusively for short-term assessment and orientation purposes.
(b)iiThe commission by rule shall adopt scheduling, housing, and placement procedures for the purpose of protecting vulnerable children in the custody of the commission. The procedures must address the age, physical condition, and treatment needs of a child as well as any other relevant factor.
(c)iiThe commission shall consider the proximity of the residence of a child's family in determining the appropriate commission facility in which to place a child.
Sec.i61.062.iiESTABLISHMENT OF MINIMUM LENGTH OF STAY. (a) The commission shall establish a minimum length of stay for each child committed to the commission without a determinate sentence.
(b)iiIn establishing a minimum length of stay for a child, the commission shall consider:
(1)iithe nature of and seriousness of the conduct engaged in by the child; and
(2)iithe danger the child poses to the community.
Sec.i61.0651.iiINFORMATION PROVIDED BY COMMITTING COURT. In addition to the information provided under Section 61.065, a court that commits a child to the commission shall provide the commission with a copy of the following documents:
(1)iithe petition and the adjudication and disposition orders for the child, including the child's thumbprint;
2644 80th Legislature — Regular Session 65th Day (Cont.)
(2)iiif the commitment is a result of revocation of probation, a copy of the conditions of probation and the revocation order;
(3)iithe social history report for the child;
(4)iiany psychological or psychiatric reports concerning the child;
(5)iithe contact information sheet for the child's parents or guardian;
(6)iiany law enforcement incident reports concerning the offense for which the child is committed;
(7)iiany sex offender registration information concerning the child;
(8)iiany juvenile probation department progress reports concerning the child;
(9)iiany assessment documents concerning the child;
(10)iithe computerized referral and case history for the child, including case disposition;
(11)iithe child's birth certificate;
(12)iithe child's social security number or social security card, if available;
(13)iithe name, address, and telephone number of the court administrator in the committing county;
(14)iiTitle IV-E eligibility screening information for the child, if available;
(15)iithe address in the committing county for forwarding funds collected to which the committing county is entitled;
(16)iiany of the child's school or immunization records that the committing county possesses;
(17)iiany victim information concerning the case for which the child is committed; and
(18)iiany of the child's pertinent medical records that the committing court possesses.
SECTIONi43.iiSection 61.044, Human Resources Code, is amended to read as follows:
Sec.i61.044.iiBIENNIAL BUDGET. [DUTIES OF EXECUTIVE DIRECTOR.
(a) The executive director shall perform the duties assigned by the commission.
[(b)]iiThe executive commissioner [director] shall prepare [and submit to the
commission for its approval] a biennial budget of all funds necessary to be
appropriated by the legislature to the commission to carry out the purposes of this
chapter. The budget shall be submitted and filed by the executive commissioner
[commission] in the form and manner and within the time prescribed by law.
SECTIONi44.iiSubchapter C, Chapter 61, Human Resources Code, is amended by adding Section 61.055 to read as follows:
Sec.i61.055.iiZERO-TOLERANCE POLICY. (a) The commission shall adopt a zero-tolerance policy concerning the detection, prevention, and punishment of the sexual abuse, including consensual sexual contact, of children in the custody of the commission.
(b)iiThe commission shall establish standards for reporting and collecting data on the sexual abuse of children in the custody of the commission.
(c)iiThe commission shall establish a procedure for children in the custody of the commission and commission employees to report incidents of sexual abuse involving a child in the custody of the commission. The procedure must designate a person
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(d)iiThe commission shall prominently display the following notice in the office of the chief administrator of each commission facility, the employees' break room of each commission facility, the cafeteria of each commission facility, and at least six additional locations in each commission facility:
THE TEXAS LEGISLATURE HAS ADOPTED A ZERO-TOLERANCE POLICY REGARDING THE SEXUAL ABUSE, INCLUDING CONSENSUAL SEXUAL CONTACT, OF A CHILD IN THE CUSTODY OF THE COMMISSION. ANY SUCH VIOLATION MUST BE REPORTED TO __________.
SECTIONi45.iiSections 61.071 and 61.072, Human Resources Code, are amended to read as follows:
Sec.i61.071.iiINITIAL EXAMINATION. (a) The commission shall examine and make a study of each child committed to it as soon as possible after commitment. The study shall be made according to rules established by the commission and shall include:
(1)iilong-term planning for the child; and
(2)iiconsideration of the child's medical, substance abuse, and treatment
history, including the child's psychiatric history and substance abuse history [a
determination of whether the child will need long-term residential care].
(b)iiFor a child for whom a minimum length of stay is established under Section 61.062 of one year or longer, the initial examination must include a comprehensive psychiatric evaluation.
(c)iiThe commission shall administer comprehensive psychological assessments to a child as part of the child's initial examination, including assessments designed to identify whether a child is in need of a psychiatric evaluation. If the results of a child's psychological assessments indicate that the child is in need of a psychiatric evaluation, the commission shall as soon as practicable conduct a psychiatric evaluation of the child.
Sec.i61.072.iiREEXAMINATION. The commission shall periodically
reexamine each child under its control, except those on release under supervision or in
foster homes, for the purpose of determining whether a rehabilitation plan made by
the commission concerning the child should be modified or continued. The
examination must include a study of all current circumstances of a child's personal
and family situation and an evaluation of the progress made by the child since the
child's last examination. The examination of a child may be made as frequently as the
commission considers necessary [desirable], but shall be made at intervals not
exceeding six months [one year].
SECTIONi46.iiSubchapter E, Chapter 61, Human Resources Code, is amended by adding Section 61.0711 to read as follows:
Sec.i61.0711.iiHEALTH CARE DELIVERY SYSTEM. (a) In providing medical care, behavioral health care, or rehabilitation services, the commission shall integrate the provision of those services in an integrated comprehensive delivery system.
2646 80th Legislature — Regular Session 65th Day (Cont.)
(b)iiThe delivery system may be used to deliver any medical, behavioral health, or rehabilitation services provided to a child in the custody of the commission, including:
(1)iihealth care;
(2)iidental care;
(3)iibehavioral health care;
(4)iisubstance abuse treatment;
(5)iinutrition;
(6)iiprogramming;
(7)iicase management; and
(8)iigeneral rehabilitation services, including educational, spiritual, daily living, recreational, and security services.
SECTIONi47.iiSection 61.0731, Human Resources Code, is amended by adding Subsection (c) to read as follows:
(c)iiThe commission may disclose to a peace officer or law enforcement agency images of children recorded by an electronic recording device and incident reporting and investigation documents containing the names of children if the information is relevant to the investigation of a criminal offense alleged to have occurred in a facility operated by or under contract with the commission.
SECTIONi48.iiSubchapter E, Chapter 61, Human Resources Code, is amended by adding Sections 61.0763 and 61.0764 to read as follows:
Sec.i61.0763.iiRIGHTS OF PARENTS. (a) The commission, in consultation with advocacy and support groups such as those described in Section 61.0386(a), shall develop a parent's bill of rights for distribution to the parent or guardian of a child who is under 18 years of age and committed to the commission. The parent's bill of rights must include:
(1)iia description of the commission's grievance policies and procedures, including contact information for the office of inspector general and the office of the independent ombudsman established under Chapter 64;
(2)iia list of possible incidents that require parental notification;
(3)iipolicies concerning visits and telephone conversations with a child committed to the commission;
(4)iia description of commission caseworker responsibilities;
(5)iia statement that the commission caseworker assigned to a child may assist the child's parent or guardian in obtaining information and services from the commission and other resources concerning:
(A)iicounseling, including substance abuse and mental health counseling;
(B)iiassistance programs, including financial and travel assistance programs for visiting a child committed to the commission;
(C)iiworkforce preparedness programs;
(D)iiparenting programs; and
(E)iicommission seminars; and
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(6)iiinformation concerning the indeterminate sentencing structure at the commission, an explanation of reasons that a child's commitment at the commission could be extended, and an explanation of the review process under Sections 61.0815 and 61.0816 for a child committed to the commission without a determinate sentence.
(b)iiNot later than 48 hours after the time a child is admitted to a commission facility, the commission shall mail to the child's parent or guardian at the last known address of the parent or guardian:
(1)iithe parent's bill of rights; and
(2)iithe contact information of the commission caseworker assigned to the child.
(c)iiThe commission shall on a quarterly basis provide to the parent, guardian, or designated advocate of a child who is in the custody of the commission a report concerning the progress of the child at the commission, including:
(1)iithe academic and behavioral progress of the child; and
(2)iithe results of any reexamination of the child conducted under Section 61.072.
(d)iiThe commission shall ensure that written information provided to a parent or guardian regarding the rights of a child in the custody of the commission or the rights of a child's parent or guardian, including the parent's bill of rights, is clear and easy to understand.
Sec.i61.0764.iiCOMMISSION CASEWORKERS. (a) The commission shall assign a caseworker to a child committed to the commission. A commission caseworker shall:
(1)iiexplore family issues and needs with the parent or guardian of a child committed to the commission;
(2)iias needed, provide the parent or guardian of a child committed to the commission with information concerning programs and services provided by the commission or another resource; and
(3)iiperform other duties required by the commission.
(b)iiA commission caseworker shall:
(1)iiat least once a month, attempt to contact the child's parent or guardian by phone, in person while the parent or guardian is visiting the facility, or, if necessary, by mail;
(2)iiif unsuccessful in contacting the child's parent or guardian under Subdivision (1), attempt at least one additional time each month to contact the child's parent or guardian; and
(3)iidocument successful as well as unsuccessful attempts to contact the child's parent or guardian.
(c)iiTo the extent practicable, a caseworker or another facility administrator shall attempt to communicate with a parent or guardian who does not speak English in the language of choice of the parent or guardian.
SECTIONi49.iiSection 61.079(a), Human Resources Code, is amended to read as follows:
2648 80th Legislature — Regular Session 65th Day (Cont.)
(a)iiAfter a child sentenced to commitment under Section 54.04(d)(3), 54.04(m),
or 54.05(f), Family Code, becomes 16 years of age but before the child becomes 19
[21] years of age, the commission may refer the child to the juvenile court that entered
the order of commitment for approval of the child's transfer to the [institutional
division of the] Texas Department of Criminal Justice for confinement if:
(1)iithe child has not completed the sentence; and
(2)iithe child's conduct, regardless of whether the child was released under supervision under Section 61.081, indicates that the welfare of the community requires the transfer.
SECTIONi50.iiSubchapter E, Chapter 61, Human Resources Code, is amended by adding Section 61.0791 to read as follows:
Sec.i61.0791.iiEVALUATION OF CERTAIN CHILDREN SERVING DETERMINATE SENTENCES. (a) When a child who is sentenced to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 18 years of age, the commission shall evaluate whether the child is in need of additional services that can be completed in the six-month period after the child's 18th birthday to prepare the child for release from the custody of the commission or transfer to the Texas Department of Criminal Justice.
(b)iiThis section does not apply to a child who is released from the custody of the commission or who is transferred to the Texas Department of Criminal Justice before the child's 18th birthday.
SECTIONi51.iiSubchapter F, Chapter 61, Human Resources Code, is amended by adding Sections 61.0814, 61.0815, and 61.0816 to read as follows:
Sec.i61.0814.iiREENTRY AND REINTEGRATION PLAN. (a) The commission shall develop a reentry and reintegration plan for each child committed to the custody of the commission. The plan for a child must be designed to ensure that the child receives an extensive continuity of care in services from the time the child is committed to the commission to the time of the child's final discharge from the commission. The plan for a child must include, as applicable:
(1)iihousing assistance;
(2)iia step-down program, such as placement in a halfway house;
(3)iifamily counseling;
(4)iiacademic and vocational mentoring;
(5)iitrauma counseling for a child who is a victim of abuse while in the custody of the commission; and
(6)iiother specialized treatment services appropriate for the child.
(b)iiIf a program or service in the child's reentry and reintegration plan is not available at the time the child is to be released, the commission shall find a suitable alternative program or service so that the child's release is not postponed.
Sec.i61.0815.iiCOMPLETION OF MINIMUM LENGTH OF STAY. (a) After a child who is committed to the commission without a determinate sentence completes the minimum length of stay established by the commission for the child under Section 61.062, the commission shall, in the manner provided by this section:
(1)iidischarge the child from the custody of the commission;
(2)iirelease the child under supervision under Section 61.081; or
(3)iiextend the length of the child's stay in the custody of the commission.
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(b)iiThe commission by rule shall establish a panel whose function is to review and determine whether a child who has completed the child's minimum length of stay should be discharged from the custody of the commission as provided by Subsection (a)(1), be released under supervision under Section 61.081 as provided by Subsection (a)(2), or remain in the custody of the commission for an additional period of time as provided by Subsection (a)(3).
(c)iiThe executive commissioner shall determine the size of the panel and the length of the members' terms of service on the panel. The panel must consist of an odd number of members and the terms of the panel's members must last for at least two years. The executive commissioner shall adopt policies that ensure the transparency, consistency, and objectivity of the panel's composition, procedures, and decisions. The executive commissioner shall appoint persons to serve as members of the panel. A person appointed to the panel must be a commission employee who works at the commission's central office. A member of the panel may not be involved in any supervisory decisions concerning children in the custody of the commission.
(d)iiThe panel may extend the length of the child's stay as provided by Subsection (a)(3) only if the panel determines by majority vote and on the basis of clear and convincing evidence that the child is in need of additional rehabilitation from the commission and that the commission will provide the most suitable environment for that rehabilitation. In extending the length of a child's stay, the panel must specify the additional period of time that the child is to remain in the custody of the commission and must conduct an additional review and determination as provided by this section on the child's completion of the additional term of stay. If the panel determines that the child's length of stay should not be extended, the commission must discharge the child from the custody of the commission as provided by Subsection (a)(1) or release the child under supervision under Section 61.081 as provided by Subsection (a)(2).
(e)iiThe commission shall maintain statistics of the number of extensions granted by the panel. The statistics must include aggregated information concerning:
(1)iithe race, age, sex, specialized treatment needs, and county of origin for each child for whom an extension order is requested;
(2)iithe facility in which the child is confined; and
(3)iiif applicable, any allegations concerning the abuse, mistreatment, or neglect of the child, aggregated by the type of misconduct to which the child was subjected.
(f)iiTo the extent authorized under law, the statistics maintained under Subsection (e) are public information under Chapter 552, Government Code, and the commission shall post the statistics on the commission's Internet website. The commission shall prepare and deliver to the standing committees of the senate and house of representatives with primary jurisdiction over matters concerning correctional facilities a report concerning the statistics maintained under Subsection (e).
(g)iiThe commission shall provide a report to the parent, guardian, or designated advocate of a child whose length of stay is extended under this section explaining the panel's reason for the extension.
2650 80th Legislature — Regular Session 65th Day (Cont.)
Sec.i61.0816.iiREQUEST FOR RECONSIDERATION OF EXTENSION ORDER. (a) The commission by rule shall establish a process to request the reconsideration of an extension order issued by the panel established under Section 61.0815.
(b)iiThe process to request reconsideration must provide that:
(1)iia child, a parent, guardian, or designated advocate of a child, an employee of the commission, or a person who provides volunteer services at a commission facility may submit a request for reconsideration of an extension order;
(2)iithe person submitting the request for reconsideration of an extension order must state in the request the reason for the request;
(3)iiafter receiving a request for reconsideration of an extension order, the panel shall reconsider an extension order that:
(A)iiextends the child's stay in the custody of the commission by six months or more; or
(B)iicombined with previous extension orders will result in an extension of the child's stay in the custody of the commission by six months or more;
(4)iithe panel's reconsideration of an extension order includes consideration of the information submitted in the request; and
(5)iithe panel shall send a written reply to the child, the parent, guardian, or designated advocate of the child, and the person who made the request for reconsideration of an extension order that includes an explanation of the panel's decision after reconsidering the extension order, including an indication that the panel has considered the information submitted in the request.
(c)iiThe commission shall create a form for a request for reconsideration of an extension order that is clear and easy to understand. The commission shall ensure that a child may request assistance in completing a request for reconsideration of an extension order.
(d)iiThe commission shall maintain statistics of the number of requests for reconsideration of an extension order that are submitted and the action taken on reconsideration of the extension order. The statistics must include aggregated information concerning:
(1)iithe race, age, sex, specialized treatment needs, and county of origin for each child for whom a request for reconsideration of an extension order is submitted;
(2)iiwhether a request for reconsideration of an extension order results in:
(A)iia discharge or release under supervision; or
(B)iithe original extension order being upheld;
(3)iithe facility in which the child is confined; and
(4)iiif applicable, any allegations concerning the abuse, mistreatment, or neglect of the child, aggregated by the type of misconduct to which the child was subjected.
(e)iiTo the extent authorized under law, the statistics maintained under Subsection (d) are public information under Chapter 552, Government Code, and the commission shall post the statistics on the commission's Internet website. The commission shall prepare and deliver to the standing committees of the senate and
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SECTIONi52.iiSections 61.084(e) and (g), Human Resources Code, are amended to read as follows:
(e)iiExcept as provided by Subsection [(f) or] (g), the commission shall discharge
from its custody a person not already discharged on the person's 19th [21st] birthday.
(g)iiThe commission shall transfer a person who has been sentenced under a
determinate sentence to commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
Family Code, or who has been returned to the commission under Section 54.11(i)(1),
Family Code, to the custody of the [pardons and paroles division of the] Texas
Department of Criminal Justice on the person's 19th [21st] birthday, if the person has
not already been discharged or transferred, to serve the remainder of the person's
sentence on parole as provided by Section 508.156, Government Code.
SECTIONi53.iiSection 61.0841, Human Resources Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:
(a)iiNot later than the 90th day before the date the commission transfers a person
to the custody of [the pardons and paroles division of] the Texas Department of
Criminal Justice for release on parole under Section 61.081(f) or 61.084(g) [61.084(f)
or (g)], the commission shall submit to the department all pertinent information
relating to the person, including:
(1)iithe juvenile court judgment;
(2)iithe circumstances of the person's offense;
(3)iithe person's previous social history and juvenile court records;
(4)iithe person's physical and mental health record;
(5)iia record of the person's conduct, employment history, and attitude while committed to the commission;
(6)iia record of the sentence time served by the person at the commission and in a juvenile detention facility in connection with the conduct for which the person was adjudicated; and
(7)iiany written comments or information provided by the commission, local
officials, family members of the person, [or] victims of the offense, or the general
public.
(c)iiThe Texas Department of Criminal Justice shall grant credit for sentence time served by a person at the commission and in a juvenile detention facility, as recorded by the commission under Subsection (a)(6), in computing the person's eligibility for parole and discharge from the department.
SECTIONi54.iiSection 61.093(a), Human Resources Code, is amended to read as follows:
(a)iiIf a child who has been committed to the commission and placed by it in any institution or facility has escaped or has been released under supervision and broken the conditions of release:
(1)iia sheriff, deputy sheriff, constable, or police officer may, without a warrant, arrest the child; or
2652 80th Legislature — Regular Session 65th Day (Cont.)
(2)iia [parole officer or other] commission employee designated by the
executive commissioner [director] may, without a warrant or other order, take the
child into the custody of the commission.
SECTIONi55.iiSubchapter G, Chapter 61, Human Resources Code, is amended by adding Sections 61.098 and 61.099 to read as follows:
Sec.i61.098.iiCERTAIN CRIMES CONCERNING THE COMMISSION. (a) In this section, "special prosecution unit" means the special prosecution unit established under Subchapter E, Chapter 41, Government Code.
(b)iiAs appropriate, the district attorney, criminal district attorney, or county attorney representing the state in criminal matters before the district or inferior courts of the county who would otherwise represent the state in the prosecution of an offense or delinquent conduct concerning the commission and described by Article 104.003(a), Code of Criminal Procedure, may request that the special prosecution unit prosecute the offense or delinquent conduct.
(c)iiThe office of inspector general shall on a quarterly basis prepare and deliver to the board of directors of the special prosecution unit a report concerning:
(1)iiany alleged criminal offense or delinquent conduct concerning the commission and described by Article 104.003(a), Code of Criminal Procedure, that occurred during the preceding calendar quarter; and
(2)iithe disposition of any case involving a criminal offense or delinquent conduct concerning the commission and described by Article 104.003(a), Code of Criminal Procedure, that occurred during the preceding calendar quarter.
(d)iiNotwithstanding Subsection (c), the office of inspector general shall immediately provide the special prosecution unit with a report concerning an alleged criminal offense or delinquent conduct concerning the commission and described by Article 104.003(a), Code of Criminal Procedure, if the chief inspector general reasonably believes the offense or conduct is particularly serious and egregious.
(e)iiThe chief inspector general of the office of inspector general, at the direction of the board of directors of the special prosecution unit, shall notify the foreman of the appropriate grand jury, in the manner provided by Article 20.09, Code of Criminal Procedure, if:
(1)iithe chief inspector general receives credible evidence of illegal or improper conduct by commission officers, employees, or contractors that the inspector general reasonably believes jeopardizes the health, safety, and welfare of children in the custody of the commission;
(2)iithe chief inspector general reasonably believes the conduct:
(A)iicould constitute an offense under Article 104.003(a), Code of Criminal Procedure; and
(B)iiinvolves the alleged physical or sexual abuse of a child in the custody of a commission facility or an investigation related to the alleged abuse; and
(3)iithe chief inspector general has reason to believe that information concerning the conduct has not previously been presented to the appropriate grand jury.
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Sec.i61.099.iiDUTY TO FILE COMPLAINT WITH LAW ENFORCEMENT AGENCY. If the executive commissioner has reasonable cause to believe that a child in the custody of the commission is the victim of a crime committed at a commission facility, the executive commissioner shall immediately file a complaint with the appropriate law enforcement agency.
SECTIONi56.iiSubtitle A, Title 3, Human Resources Code, is amended by adding Chapter 64 to read as follows:
CHAPTERi64.iiOFFICE OF INDEPENDENT OMBUDSMAN OF THE TEXAS YOUTH COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
Sec.i64.001.iiDEFINITIONS. In this chapter:
(1)ii"Commission" means the Texas Youth Commission.
(2)ii"Independent ombudsman" means the individual who has been appointed under this chapter to the office of independent ombudsman.
(3)ii"Office" means the office of independent ombudsman created under this chapter.
Sec.i64.002.iiESTABLISHMENT; PURPOSE. The office of independent ombudsman is a state agency established for the purpose of investigating, evaluating, and securing the rights of the children committed to the commission, including a child released under supervision before final discharge.
Sec.i64.003.iiINDEPENDENCE. (a) The independent ombudsman in the performance of its duties and powers under this chapter acts independently of the commission.
(b)iiFunding for the independent ombudsman is appropriated separately from funding for the commission.
[Sections 64.004-64.050 reserved for expansion]
SUBCHAPTER B. APPOINTMENT AND MANAGEMENT OF OFFICE
Sec.i64.051.iiAPPOINTMENT OF INDEPENDENT OMBUDSMAN. (a) The governor shall appoint the independent ombudsman with the advice and consent of the senate for a term of two years, expiring February 1 of odd-numbered years.
(b)iiA person appointed as independent ombudsman is eligible for reappointment but may not serve more than three terms in that capacity.
(c)iiNotwithstanding Subsection (a), as soon as practicable after the effective date of this section, the executive commissioner shall appoint the independent ombudsman for a term of office expiring February 1, 2009. As provided by Subsection (a), the governor shall appoint the independent ombudsman with the advice and consent of the senate for each of the independent ombudsman's subsequent terms of office. This subsection expires March 1, 2009.
Sec.i64.052.iiASSISTANTS. The independent ombudsman may hire assistants to perform, under the direction of the independent ombudsman, the same duties and exercise the same powers as the independent ombudsman.
Sec.i64.053.iiCONFLICT OF INTEREST. (a) A person may not serve as independent ombudsman or as an assistant to the independent ombudsman if the person or the person's spouse:
(1)iiis employed by or participates in the management of a business entity or other organization receiving funds from the commission;
2654 80th Legislature — Regular Session 65th Day (Cont.)
(2)iiowns or controls, directly or indirectly, any interest in a business entity or other organization receiving funds from the commission; or
(3)iiuses or receives any amount of tangible goods, services, or funds from the commission.
(b)iiA person may not serve as independent ombudsman or as an assistant to the independent ombudsman if the person or the person's spouse is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the commission.
(c)iiA person may not serve as independent ombudsman or as an assistant to the independent ombudsman if the person or the person's spouse is an officer, employee, manager, or paid consultant of a Texas trade association in the field of criminal or juvenile justice.
(d)iiFor the purposes of this section, a Texas trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
Sec.i64.054.iiSUNSET PROVISION. The office is subject to review under Chapter 325, Government Code (Texas Sunset Act), but is not abolished under that chapter. The office shall be reviewed during the periods in which state agencies abolished in 2009 and every 12th year after 2009 are reviewed.
Sec.i64.055.iiREPORT. (a) The independent ombudsman shall submit on a quarterly basis to the governor, the lieutenant governor, the state auditor, and each member of the legislature a report that is both aggregated and disaggregated by individual facility and describes:
(1)iithe work of the independent ombudsman;
(2)iithe results of any review or investigation undertaken by the independent ombudsman, including reviews or investigation of services contracted by the commission; and
(3)iiany recommendations that the independent ombudsman has in relation to the duties of the independent ombudsman.
(b)iiThe independent ombudsman shall immediately report to the governor, the lieutenant governor, the speaker of the house of representatives, the state auditor, and the office of the inspector general of the commission any particularly serious or flagrant:
(1)iicase of abuse or injury of a child committed to the commission;
(2)iiproblem concerning the administration of a commission program or operation;
(3)iiproblem concerning the delivery of services in a facility operated by or under contract with the commission; or
(4)iiinterference by the commission with an investigation conducted by the office.
Sec.i64.056.iiCOMMUNICATION AND CONFIDENTIALITY. (a) The commission shall allow any child committed to the commission to communicate with the independent ombudsman or an assistant to the ombudsman. The communication:
(1)iimay be in person, by mail, or by any other means; and
Monday, May 21, 2007 SENATE JOURNAL 2655
(2)iiis confidential and privileged.
(b)iiThe records of the independent ombudsman are confidential, except that the independent ombudsman shall:
(1)iishare with the office of inspector general of the commission a communication with a child that may involve the abuse or neglect of the child; and
(2)iidisclose its nonprivileged records if required by a court order on a showing of good cause.
(c)iiThe independent ombudsman may make reports relating to an investigation public after the investigation is complete but only if the names of all children, parents, and employees are redacted from the report and remain confidential.
(d)iiThe name, address, or other personally identifiable information of a person who files a complaint with the office of independent ombudsman, information generated by the office of independent ombudsman in the course of an investigation, and confidential records obtained by the office of independent ombudsman are confidential and not subject to disclosure under Chapter 552, Government Code, except that the information and records, other than confidential information and records concerning a pending law enforcement investigation or criminal action, may be disclosed to the appropriate person if the office determines that disclosure is:
(1)iiin the general public interest;
(2)iinecessary to enable the office to perform the responsibilities provided under this section; or
(3)iinecessary to identify, prevent, or treat the abuse or neglect of a child.
Sec.i64.057.iiPROMOTION OF AWARENESS OF OFFICE. The independent ombudsman shall promote awareness among the public and the children committed to the commission of:
(1)iihow the office may be contacted;
(2)iithe purpose of the office; and
(3)iithe services the office provides.
Sec.i64.058.iiRULEMAKING AUTHORITY. The office by rule shall establish policies and procedures for the operations of the office of independent ombudsman.
Sec.i64.059.iiAUTHORITY OF STATE AUDITOR. The office is subject to audit by the state auditor in accordance with Chapter 321, Government Code.
[Sections 64.060-64.100 reserved for expansion]
SUBCHAPTER C. DUTIES AND POWERS
Sec.i64.101.iiDUTIES AND POWERS. (a) The independent ombudsman shall:
(1)iireview the procedures established by the commission and evaluate the delivery of services to children to ensure that the rights of children are fully observed;
(2)iireview complaints filed with the independent ombudsman concerning the actions of the commission and investigate each complaint in which it appears that a child may be in need of assistance from the independent ombudsman;
(3)iiconduct investigations of complaints, other than complaints alleging criminal behavior, if the office determines that:
(A)iia child committed to the commission or the child's family may be in need of assistance from the office; or
(B)iia systemic issue in the commission's provision of services is raised by a complaint;
2656 80th Legislature — Regular Session 65th Day (Cont.)
(4)iireview or inspect periodically the facilities and procedures of any institution or residence in which a child has been placed by the commission, whether public or private, to ensure that the rights of children are fully observed;
(5)iiprovide assistance to a child or family who the independent ombudsman determines is in need of assistance, including advocating with an agency, provider, or other person in the best interests of the child;
(6)iireview court orders as necessary to fulfill its duties;
(7)iirecommend changes in any procedure relating to the treatment of children committed to the commission;
(8)iimake appropriate referrals under any of the duties and powers listed in this subsection; and
(9)iisupervise assistants who are serving as advocates in their representation of children committed to the commission in internal administrative and disciplinary hearings.
(b)iiThe independent ombudsman may apprise persons who are interested in a child's welfare of the rights of the child.
(c)iiTo assess if a child's rights have been violated, the independent ombudsman may, in any matter that does not involve alleged criminal behavior, contact or consult with an administrator, employee, child, parent, expert, or any other individual in the course of its investigation or to secure information.
(d)iiNotwithstanding any other provision of this chapter, the independent ombudsman may not investigate alleged criminal behavior.
Sec.i64.102.iiTREATMENT OF COMMISSION EMPLOYEES WHO COOPERATE WITH INDEPENDENT OMBUDSMAN.iiThe commission may not discharge or in any manner discriminate or retaliate against an employee who in good faith makes a complaint to the office of independent ombudsman or cooperates with the office in an investigation.
Sec.i64.103.iiTRAINING. The independent ombudsman shall attend annual sessions, including the training curriculum for juvenile correctional officers required under Section 61.0356, and may participate in other appropriate professional training.
[Sections 64.104-64.150 reserved for expansion]
SUBCHAPTER D. ACCESS TO INFORMATION
Sec.i64.151.iiACCESS TO INFORMATION OF GOVERNMENTAL ENTITIES. (a) The commission shall allow the independent ombudsman access to its records relating to the children committed to the commission.
(b)iiThe Department of Public Safety shall allow the independent ombudsman access to the juvenile justice information system established under Subchapter B, Chapter 58, Family Code.
(c)iiA local law enforcement agency shall allow the independent ombudsman access to its records relating to any child in the care or custody of the commission.
Sec.i64.152.iiACCESS TO INFORMATION OF PRIVATE ENTITIES. The independent ombudsman shall have access to the records of a private entity that relate to a child committed to the commission.
SECTIONi57.iiSection 141.022(a), Human Resources Code, is amended to read as follows:
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(a)iiThe advisory council on juvenile services consists of:
(1)iitwo juvenile court judges, appointed by the commission;
(2)iithree juvenile probation officers, appointed by the commission;
(3)iitwo citizens who are knowledgeable of juvenile services, appointed by the commission;
(4)iithe executive commissioner [director] of the Texas Youth Commission
or the commissioner's [director's] designee;
(5)iithe commissioner of education or the commissioner's designee; and
(6)iithe commissioner of human services or the commissioner's designee.
SECTIONi58.iiSection 141.047(b), Human Resources Code, is amended to read as follows:
(b)iiThe director, the executive commissioner [director] of the Texas Youth
Commission, and the commissioners of education, mental health and mental
retardation, and human services shall meet in Austin at least quarterly to:
(1)iidiscuss mutual problems;
(2)iiresolve conflicts in providing services to juveniles; and
(3)iimake recommendations to the governor and legislature.
SECTIONi59.iiSection 141.0471(c), Human Resources Code, is amended to read as follows:
(c)iiThe governing board of the Texas Juvenile Probation Commission and the
executive commissioner of the Texas Youth Commission [each agency] shall adopt
the coordinated strategic plan on or before December 1st of each odd-numbered year,
or before the adoption of the agency's individual strategic plan, whichever is earlier.
SECTIONi60.iiSection 110.302(c), Occupations Code, is amended to read as follows:
(c)iiThe Texas Board of Criminal Justice [or the governing board of the Texas
Youth Commission] may vote to exempt employees of the Texas Department of
Criminal Justice [or the Texas Youth Commission, as appropriate,] from a specific
licensing requirement imposed under this section if the board determines that the
requirement causes financial or operational hardship on the agency. The Texas Youth
Commission may not exempt any employee of the commission from a licensing
requirement imposed by this section for any reason.
SECTIONi61.iiSections 39.04(a) and (b), Penal Code, are amended to read as follows:
(a)iiAn official of a correctional facility, an employee of a correctional facility, a person other than an employee who works for compensation at a correctional facility, a volunteer at a correctional facility, or a peace officer commits an offense if the person intentionally:
(1)iidenies or impedes a person in custody in the exercise or enjoyment of any right, privilege, or immunity knowing his conduct is unlawful; or
(2)iiengages in sexual contact, sexual intercourse, or deviate sexual intercourse with an individual in custody or, in the case of an individual in the custody of the Texas Youth Commission, employs, authorizes, or induces the individual to engage in sexual conduct or a sexual performance.
2658 80th Legislature — Regular Session 65th Day (Cont.)
(b)iiAn offense under Subsection (a)(1) is a Class A misdemeanor. An offense under Subsection (a)(2) is a state jail felony, except that an offense under Subsection (a)(2) is a felony of the second degree if the individual is in the custody of the Texas Youth Commission.
SECTIONi62.iiSection 39.04(e), Penal Code, is amended by adding Subdivisions (4) and (5) to read as follows:
(4)ii"Sexual conduct" and "performance" have the meanings assigned by Section 43.25.
(5)ii"Sexual performance" means any performance or part thereof that includes sexual conduct by an individual.
SECTIONi63.iiThe following laws are repealed:
(1)iiSections 54.04(s) and (t), Family Code;
(2)iiSection 54.05(k), Family Code; and
(3)iiSections 61.001(3), 61.0122, 61.014, 61.015, 61.0151, 61.017, 61.084(f), and 141.042(d), Human Resources Code.
SECTIONi64.iiA person committed to the Texas Youth Commission on the basis of conduct constituting the commission of an offense of the grade of misdemeanor under Section 54.04(d)(2), Family Code, as it existed before the effective date of this Act, must be discharged from the custody of the Texas Youth Commission not later than the person's 19th birthday.
SECTIONi65.ii(a) Not later than November 1, 2007, the Texas Juvenile Probation Commission shall issue guidelines for the creation of community-based programs required by Section 54.0401, Family Code, as added by this Act.
(b)iiNot later than January 1, 2008, the juvenile board of a county to which Section 54.0401, Family Code, as added by this Act, applies shall implement a community-based program that complies with the guidelines established by the Texas Juvenile Probation Commission.
SECTIONi66.iiThe change in law made by Section 54.052, Family Code, as added by this Act, and Section 61.0841(c), Human Resources Code, as added by this Act, applies only to conduct for which a child is adjudicated on or after the effective date of this Act. A child who is adjudicated before the effective date of this Act is governed by the law in effect when the child was adjudicated, and the former law is continued in effect for that purpose.
SECTIONi67.iiThe change in law made by this Act to Section 39.04, Penal Code, applies only to an offense committed on or after September 1, 2007. An offense committed before September 1, 2007, is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before September 1, 2007, if any element of the offense occurred before that date.
SECTIONi68.iiThe Texas Youth Commission shall develop and adopt a mission statement, as required by Section 61.0345, Human Resources Code, as added by this Act, on or before October 1, 2007.
SECTIONi69.ii(a) Section 61.0356(b), Human Resources Code, as added by this Act, applies only to a juvenile correctional officer hired by the Texas Youth Commission on or after the effective date of this Act. As soon as practicable but not later than six months after the effective date of this Act, the Texas Youth Commission
Monday, May 21, 2007 SENATE JOURNAL 2659
(b)iiAs soon as practicable after the effective date of this Act, the Texas Youth Commission shall ensure that:
(1)iieach correctional facility operated by the commission that has a dormitory, including an open-bay dormitory, has a ratio of not less than one juvenile correctional officer performing direct supervisory duties for every 12 children committed to the facility, as required by Section 61.0356(d), Human Resources Code, as added by this Act; and
(2)iichildren younger than 15 years of age are assigned to separate correctional facility dorms from persons who are at least 17 years of age as required by Section 61.061, Human Resources Code, as added by this Act.
SECTIONi70.iiAs soon as practicable after the effective date of this Act, the governor shall appoint the executive commissioner of the Texas Youth Commission, as required by Section 61.012, Human Resources Code, as amended by this Act, with a term of office expiring February 1, 2009.
SECTIONi71.iiAs soon as practicable after the effective date of this Act:
(1)iithe governor shall appoint three members of the advisory board of the Texas Youth Commission, as required by Section 61.013, Human Resources Code, as amended by this Act;
(2)iithe speaker of the house of representatives shall appoint three members of the advisory board of the Texas Youth Commission, as required by Section 61.013, Human Resources Code, as amended by this Act; and
(3)iithe lieutenant governor shall appoint three members of the advisory board of the Texas Youth Commission, as required by Section 61.013, Human Resources Code, as amended by this Act.
SECTIONi72.iiA rule adopted by the Texas Youth Commission before the effective date of this Act is a rule of the executive commissioner of the Texas Youth Commission until superseded, modified, or repealed by the executive commissioner.
SECTIONi73.iiThe Health and Human Services Commission, the Texas Youth Commission, and the Texas Juvenile Probation Commission shall jointly establish a timetable for the submission of agency reports required by Section 531.016, Government Code, as added by this Act, as soon as practicable after the effective date of this Act.
SECTIONi74.iiBefore October 1, 2007, the Texas Youth Commission shall certify to the Employees Retirement System of Texas, in the manner prescribed by the retirement system, the name of each person employed by the office of inspector general at the Texas Youth Commission as a law enforcement officer, as defined by Section 811.001, Government Code, as amended by this Act, and any other information the system determines is necessary for the crediting of service and financing of benefits under Subtitle B, Title 8, Government Code.
2660 80th Legislature — Regular Session 65th Day (Cont.)
SECTIONi75.iiAs soon as practicable after the effective date of this Act, the Texas Youth Commission shall, in the manner prescribed by Section 61.0357, Human Resources Code, as added by this Act, begin obtaining national criminal history record information for each person who is described by Section 61.0357(b), Human Resources Code, as added by this Act.
SECTIONi76.ii(a) Not later than September 30, 2007, the board of directors of the special prosecution unit established by Subchapter E, Chapter 41, Government Code, as added by this Act, shall elect the initial members of the executive board of the board of directors as required by Section 41.304, Government Code, as added by this Act. In electing those members, the board of directors shall specify:
(1)iiwhich members serve terms expiring in even-numbered years and which serve terms expiring in odd-numbered years; and
(2)iithe beginning and end dates of the terms served by the members of the executive board.
(b)iiNot later than September 30, 2007, the board of directors of the special prosecution unit established by Subchapter E, Chapter 41, Government Code, as added by this Act, shall elect the presiding officer and the assistant presiding officer of the board of directors and the executive board of the board of directors as required by Section 41.305, Government Code, as added by this Act. In electing those officers, the board of directors shall specify the beginning and end dates of the terms served by the officers.
(c)iiAs soon as possible after the effective date of this Act, the executive board of the board of directors of the special prosecution unit established by Subchapter E, Chapter 41, Government Code, as added by this Act, shall elect the counsellor as required by Section 41.309, Government Code, as added by this Act.
SECTIONi77.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.
The Conference Committee Report on SBi103 was filed with the Secretary of the Senate.
MOTION TO RECESS
On motion of Senator Whitmire and by unanimous consent, the Senate at 6:54ip.m. agreed to recess, upon conclusion of the Local and Uncontested Calendar Session, until 10:30 a.m. tomorrow.
RESOLUTIONS OF RECOGNITION
The following resolutions were adopted by the Senate:
Memorial Resolutions
SCRi82iby Janek and Duncan, In memory of Allie Pearl Haney of Roscoe.
SCRi83iby Watson, In memory of Loretta Johnson Williams of Austin.
Monday, May 21, 2007 SENATE JOURNAL 2661
Congratulatory Resolutions
SRi1041iby VanideiPutte,iRecognizing Charles R. "Chuck" Courtney on the occasion of his retirement from the Texas Retailers Association.
SRi1092iby Uresti,iRecognizing Francisco Rodriguez "Pancho" Hernandez on the occasion of his 70th birthday.
SRi1096iby Hinojosa,iCommending The University of Texas–Pan American Reserve Officer Training Corps Battalion for earning the 2006 General Douglas MacArthur Award.
SRi1099iby Duncan,iCongratulating Jack McCarty for his selection as President of the Texas Osteopathic Medical Association.
SRi1102iby Estes,iCongratulating the boys soccer team of Rider High School in Wichita Falls for winning the Class 4A state championship.
SRi1103iby Estes,iCongratulating Logan Lofgren of Wichita Falls on the occasion of his graduation from the Texas School for the Deaf.
SRi1104iby Lucio,iCommending the academic team of Coakley Middle School in Harlingen for winning the 2006-2007 district competition.
SRi1105iby Shapiro,iRecognizing Patsy Standerfer for her accomplishments.
SRi1106iby Watson,iRecognizing Sims Elementary School in Austin on the occasion of its 50th anniversary.
SRi1107iby Jackson,iCommending the members of the Texas A&M University at Galveston offshore sailing team for their service to others.
SRi1108iby Jackson,iRecognizing the grand opening of the Historic Dickinson Railroad Center.
SRi1109iby Lucio,iRecognizing Raymundo J. Peña of Brownsville on the occasion of the 50th anniversary of his ordination.
RECESS
On motion of Senator Whitmire, the Senate at 6:56 p.m. recessed, in memory of the life of Captain Todd Tyler Christmas, until 8:00 a.m. tomorrow for the Local and Uncontested Calendar Session.
AAAPPENDIXAA
COMMITTEE REPORTS
The following committee reports were received by the Secretary of the Senate in the order listed:
May 21, 2007
INTERGOVERNMENTAL RELATIONS — CSHBi2402
2662 80th Legislature — Regular Session 65th Day (Cont.)
EDUCATION — HBi317, CSHBi426, HBi1043i(Amended), HBi1137i(Amended), CSHBi1609, CSSBi2049, CSHBi2074, HBi2198i(Amended), CSHBi2238, HBi2383i(Amended), CSHBi2560, CSHBi2563, CSHBi2814, HBi2978i(Amended), CSHBi3382, HBi3449i(Amended)
NATURAL RESOURCES — CSHBi3554
EDUCATION — CSHBi3678, CSHBi3826, HBi3851i(Amended)
GOVERNMENT ORGANIZATION — CSHBi2460
CRIMINAL JUSTICE — HBi442i(Amended), CSHBi3309, CSHBi3613
FINANCE — CSHBi109
BUSINESS AND COMMERCE — CSHJRi72, CSHBi3694
NATURAL RESOURCES — HBi4i(Amended), CSHBi1391, CSHBi2482, CSHBi4053, CSHBi3378, CSHBi4032, CSHBi3837, CSHBi4013, CSHBi2541, HBi3990, CSHBi3838, HBi3929
CRIMINAL JUSTICE — CSHBi2566, CSHBi3692, CSHBi1801
NATURAL RESOURCES — HBi3769i(Amended), CSHBi3960, CSHBi1565
EDUCATION — CSSBi479
FINANCE — CSHBi3430
INTERGOVERNMENTAL RELATIONS — CSHBi4073, CSHBi1397
STATE AFFAIRS — CSSBi674, HBi2190
FINANCE — CSHBi12
INTERGOVERNMENTAL RELATIONS — HBi539, HBi4060, CSSBi1934, HBi2523
NATURAL RESOURCES — CSHBi4071
FINANCE — CSHBi1470, CSHBi3699
BUSINESS AND COMMERCE — HBi1214, HBi4065
INTERNATIONAL RELATIONS AND TRADE — HBi1287
GOVERNMENT ORGANIZATION — HBi2543
FINANCE — HBi735
NATURAL RESOURCES — HBi4081
HEALTH AND HUMAN SERVICES — HBi9, HBi2524, HBi3618, HBi4035
NATURAL RESOURCES — HBi2678
BUSINESS AND COMMERCE — CSHBi2605
FINANCE — CSHBi15
NATURAL RESOURCES — HBi971, HBi1032, HBi3776, HBi3780
TRANSPORTATION AND HOMELAND SECURITY — HBi2652
Monday, May 21, 2007 SENATE JOURNAL 2663
CRIMINAL JUSTICE — HCRi96, HBi946, HBi2300i(Amended), HBi3584
SIGNED BY GOVERNOR
May 21, 2007
SBi189, SBi457, SBi458, SBi493, SBi496, SBi497, SBi611, SBi722, SBi959, SBi1084, SBi1287, SBi1509, SBi1542, SBi1634, SBi1660, SBi1932
2664 80th Legislature — Regular Session 65th Day (Cont.)
In Memory
of
Todd Tyler Christmas
Senate Resolution 1098
WHEREAS, The family and friends of United States Army Captain Todd Tyler Christmas suffered an immeasurable loss with the death of this valiant soldier on November 29, 2004, at the age of 26; and
WHEREAS, Assigned to the 1st Battalion, 44th Air Defense Artillery Regiment, 4th Infantry Division, Captain Christmas was killed in the crash of a Blackhawk helicopter in Central Texas; and
WHEREAS, A native of New Mexico, Todd Christmas grew up on his family's ranch and as a young man enjoyed hunting, horseback riding, and competing in 4-H; he graduated from the New Mexico Military Institute in 1998, where he ascended to the rank of Cadet Lieutenant Colonel, earning the Commandant's Saber Award and the Joe Govan Memorial Award; after receiving his associate degree, he joined the Texas Army National Guard and studied agricultural economics at Texas A&M University; and
WHEREAS, Captain Christmas graduated from the Air Defense Officer Basic Course in 2002 and went on to attend the United States Army Airborne School, later serving a tour of duty in Operation Iraqi Freedom; he distinguished himself often during his years of service, earning the Bronze Star Medal, Army Commendation Medal, and the Army Achievement medal with Oak Leaf Cluster; and
WHEREAS, Exemplifying the highest ideals of the United States armed forces, Todd Christmas inspired others with his fortitude, tenacity, and courage; although his passing leaves a void in the lives of those who were fortunate to know him, they will forever carry memories of this heroic young man in their hearts; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 80th Legislature, hereby pay tribute to the life of Captain Todd Tyler Christman and extend deepest sympathy to the members of his family: his wife, Erica Laine Christmas; his parents, Brad and Becky Christmas; his brothers, Matt and Will Christmas; and his other relatives and many friends; and, be it further
RESOLVED, That an official copy of this Resolution be prepared for his family and that when the Texas Senate adjourns this day, it do so in memory of Captain Todd Tyler Christmas.
AVERITT
Monday, May 21, 2007 SENATE JOURNAL 2665