SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE — REGULAR SESSION

AUSTIN, TEXAS

PROCEEDINGS

SIXTY-EIGHTH DAY

(Wednesday, May 27, 2009)

The Senate met at 11:15 a.m. pursuant to adjournment and was called to order by President Pro Tempore Duncan.

The roll was called and the following Senators were present:iiAveritt, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, Shapleigh, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

The President Pro Tempore announced that a quorum of the Senate was present.

Rabbi Eliezer Langer, Congregation Tiferet Israel, Austin, offered the invocation as follows:

With your indulgence, I start with a story. A congregant came up to his much adored rabbi and asked where he could find out more about his clergyman, what was his childhood like, what were his aspirations, et cetera. The rabbi answered that it would be in his, as of yet unpublished, biography. "And when will that be available?" asked the congregant. "Posthumously," answered the rabbi. "That's so nice; I can't wait to read it; I hope that will be soon," he responded with anticipation. Three thousand seven hundred years ago, when the children of Israel were about to enter the Holy Land, Moses said to the Jewish people, "May you be clean and pure before G-d and all Israel." This conveys a great moral lesson. It is not enough to know that one's actions are proper in G-d's eyes. One must also act in such a manner so as to not engender suspicion on the part of human beings. You, the men and women of the Senate, gathered in the final days of this session, deliberating on how to best provide the quality education and access to critical human services for our children, how to create the economic opportunities and guarantee energy independence for the citizens of the great State of Texas, likewise need this blessing. May you all be vindicated and seen as clean and pure, not only in G-d's eyes, not just posthumously, but now and in the present, for the eyes of Texas are upon you. G-d bless you all.

Senator Whitmire moved that the reading of the Journal of the proceedings of yesterday be dispensed with and the Journal be approved as printed.

The motion prevailed without objection.

CO-SPONSOR OF HOUSE BILL 130

On motion of Senator Zaffirini, Senator Uresti will be shown as Co-sponsor of HBi130.

CO-SPONSORS OF HOUSE BILL 1030

On motion of Senator Ellis, Senators Huffman and Patrick will be shown as Co-sponsors of HBi1030.

CO-SPONSOR OF HOUSE BILL 1801

On motion of Senator Shapiro, Senator Patrick will be shown as Co-sponsor of HBi1801.

CO-SPONSOR OF HOUSE BILL 2154

On motion of Senator Hinojosa, Senator Uresti will be shown as Co-sponsor of HBi2154.

CO-SPONSOR OF HOUSE BILL 2932

On motion of Senator Carona, Senator West will be shown as Co-sponsor of HBi2932.

CO-SPONSOR OF HOUSE BILL 3454

On motion of Senator Williams, Senator Patrick will be shown as Co-sponsor of HBi3454.

PHYSICIANS OF THE DAY

Senator Watson was recognized and presented Drs. John and Judith Egerton of Austin as the Physicians of the Day.

The Senate welcomed the Egertons and thanked them for their participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.

CONCLUSION OF MORNING CALL

The President Pro Tempore at 11:25ia.m. announced the conclusion of morning call.

GUESTS PRESENTED

Senator Averitt was recognized and introduced to the Senate fifth-grade students and their teachers from Midlothian Independent School District.

The Senate welcomed its guests.

COMMITTEEiiSUBSTITUTE
HOUSE BILL 4586 ON SECOND READING

The President Pro Tempore laid before the Senate CSHBi4586 by Senator Ogden on its second reading. The bill had been read second time and further consideration postponed to a time certain of 11:15 a.m. today:

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CSHB 4586, Relating to making supplemental appropriations and reductions in appropriations and giving direction and adjustment authority and prescribing limitations regarding appropriations.

Question — Shall CSHB 4586 be passed to third reading?

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 4586 (Senate committee printing) as follows:

(1)iiIn the heading to SECTION 10 of the bill (page 2, line 62), strike "DEBT SERVICE" and substitute "ADMINISTRATIVE EXPENSES".

(2)iiIn SECTION 10 of the bill (page 2, line 67), strike "debt service payments" and substitute "administrative operation expenses".

(3)iiIn SECTION 16 of the bill (page 5, line 12), between the period and "In addition", insert "(a)".

(4)iiImmediately following SECTION 16 of the bill (page 5, between lines 20 and 21), insert the following:

(b)iiOut of the funds appropriated in Subsection (a) of this section, the Department of Criminal Justice and the Correctional Managed Health Care Committee shall identify and evaluate mechanisms to lower the cost of, or increase the quality of care in, health or pharmacy services and submit a report to the Legislative Budget Board and the Governor no later than May 1, 2010.

(5)iiIn SECTION 17 of the bill (page 5, line 21), strike "In" and substitute "Contingent on an interlocal agreement among interested parties, including the Bexar-Medina-Atascosa Counties Water Control and Improvement District No. 1, the Edwards Aquifer Authority, the Bexar Metropolitan Water District and the San Antonio River Authority, regarding repairs to the Lake Medina Dam, in".

(6)iiIn SECTION 20 of the bill (page 5, line 53), strike "$178,525" and substitute "$348,525".

(7)iiIn SECTION 36 of the bill (page 9, line 60), strike "26,087" and substitute "26,400".

(8)iiIn SECTION 36 of the bill (page 9, line 62), strike "15,516" and substitute "15,629".

(9)iiIn SECTION 36 of the bill (page 10, line 9), strike "4,590" and substitute "5,442".

(10)iiIn SECTION 42 of the bill (page 11, lines 10 and 11), strike "providing a temporary exemption for the use of federal incentives to increase federal funds".

(11)iiIn SECTION 45 of the bill (page 12, lines 7 and 8), strike "providing a temporary exemption for the use of federal incentives to increase federal funds".

(12)iiIn SECTION 46 of the bill (page 12, lines 21 and 22), strike "providing a temporary exemption for the use of federal incentives to increase federal funds".

(13)iiIn SECTION 48 of the bill (page 12, line 52), strike "$30,100,979" and substitute "$24,041,141".

(14)iiIn SECTION 48 of the bill (page 12, line 54), strike "$28,959,773" and substitute "$25,534,391".

(15)iiIn SECTION 49 of the bill (page 12, line 59), strike "$62,351,306" and substitute "$74,351,306".

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(16)iiIn SECTION 50 of the bill (page 12, line 69), strike "$5,917,242" and substitute "$7,211,846".

(17)iiIn SECTION 50 of the bill (page 13, line 6), strike "$13,126,361" and substitute "$14,248,456".

(18)iiIn SECTION 50 of the bill (page 13, line 9), strike "$12,460,353" and substitute "$18,620,948".

(19)iiIn SECTION 50 of the bill (page 13, line 12), strike "$5,280,315" and substitute "$6,693,100".

(20)iiIn SECTION 52 of the bill (page 13, line 46), strike "$790,589,278" and substitute "$759,113,979".

(21)iiIn SECTION 55(6) of the bill (page 14, line 32), strike "$5,700,000" and substitute "$6,200,000".

(22)iiStrike Subsection (a) of SECTION 58 of the bill (page 15, lines 48-58) and substitute the following:

(a)iiThe amount of $62 million is appropriated out of the general revenue fund to the Trusteed Programs within the Office of the Governor for the two-year period beginning on the effective date of this Act for the purpose of providing disaster relief in accordance with this section. The prior approval of the Legislative Budget Board given or considered to be given as provided by this subsection is required to expend funds for the purpose of providing reimbursements for post disaster recovery expenditures. The Governor's Division of Emergency Management shall provide information regarding proposed expenditures of funds for this purpose to the Legislative Budget Board in a format provided by the board. If the Legislative Budget Board does not disapprove a proposed reimbursement for post disaster recovery expenditures within 10 days of receiving the required information, the proposed expenditure is considered automatically approved.

(23)iiImmediately following Subsection (c) of SECTION 58 of the bill (page 15, between lines 67 and 68), insert the following:

(d)iiOut of amounts appropriated by Subsection (a) of this section, it is the intent of the legislature that the governor coordinate with the Texas Education Agency to reimburse eligible school districts in an aggregate amount not to exceed $10 million for qualifying disaster remediation costs.

(e)iiOut of amounts appropriated by Subsection (a) of this section, it is the intent of the legislature that the Governor's Division of Emergency Management shall reimburse the Texas Engineering Extension Service for costs incurred in connection with the response of the Texas Task Force 1 to certain flooding.

(f)iiOut of amounts appropriated by Subsection (a) of this section, it is the intent of the legislature that the Governor's Division of Emergency Management may reimburse the General Land Office for repairs made to the protective dune system for County Road 257.

(24)iiStrike SECTION 62 (page 16, lines 28 through 37), and substitute the following:

SECTIONi62.iiREIMBURSEMENT TO GENERAL REVENUE FUND. (a) If any state agency or institution of higher education receives reimbursement from the federal government, an insurer, or another source for an expenditure paid for or reimbursed under Sections 9, 15, 52, 55, 56, or 57 of this Act, the agency or

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(b)iiIf any state agency or institution of higher education receives reimbursement from the federal government, an insurer, or another source for an expenditure paid for or reimbursed under Section 58 or 60 of this Act, the agency or institution shall reimburse the state by depositing the amount of the reimbursement to the credit of the Trusteed Programs within the Office of the Governor. Amounts deposited under this subsection are reappropriated to the Trusteed Programs within the Office of the Governor for disaster preparedness and recovery costs for the two-year period beginning on the effective date of this Act.

(25)iiIn SECTION 67 of the bill (page 17, line 28), between the "." and "In" insert "(a)".

(26)iiIn SECTION 67 of the bill, on page 17, between lines 33 and 34, insert the following:

(b)iiOut of the funds appropriated in this section, the Department of Assistive and Rehabilitative Services shall make every effort to attain the following performance measure targets:

(1)iiprovide autism services to an average of 127 children per month for the fiscal year ending August 31, 2010, and provide autism services to an average of 127 children per month for the fiscal year ending August 31, 2011;

(2)iiprovide autism services at an average monthly cost per child of $2,185 for the fiscal year ending August 31, 2010, and provide autism services at an average monthly cost per child of $2,185 for the fiscal year ending August 31, 2011;

(3)iiprovide autism services to 224 children by the end of the fiscal year ending August 31, 2010, and provide autism services to 224 children by the end of the fiscal year ending August 31, 2011.

(27)iiIn Subsection (a), SECTION 68 of the bill (page 17, line 38), strike "$22,648,532" and substitute "$45,069,658".

(28)iiIn Subsection (a), SECTION 68 of the bill (page 17, lines 38 and 39), strike "fiscal year ending August 31, 2010" and substitute "two-year period beginning on the effective date of this Act".

(29)iiIn SECTION 68 of the bill, strike Subsection (b) (page 17, lines 42 through 52), and substitute the following:

(b)iiAlso contingent upon the State of Texas and the United States Department of Justice reaching a settlement agreement, in addition to the number of full-time equivalent employees (FTEs) the Department of Aging and Disability Services is authorized by other law to employ during the state fiscal year ending August 31, 2010, the department may employ an additional 1,160.0 FTEs during that state fiscal year. In addition to the number of full-time equivalent employees (FTEs) the Department of Aging and Disability Services is authorized by other law to employ during the state fiscal year ending August 31, 2011, the department may employ an additional 1,160.0 FTEs during that state fiscal year.

(30)iiAt the end of SECTION 68 of the bill (page 17, between lines 61 and line 62), insert the following:

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(d)iiAlso contingent upon the State of Texas and the United States Department of Justice reaching a settlement agreement, in addition to the number of full-time equivalent employees (FTEs) the Department of Family and Protective Services is authorized by other law to employ during the state fiscal year ending August 31, 2010, the department may employ an additional 37.0 FTEs during that state fiscal year. In addition to the number of full-time equivalent employees (FTEs) the Department of Family and Protective Services is authorized by other law to employ during the state fiscal year ending August 31, 2011, the department may employ an additional 43.0 FTEs during that state fiscal year.

(31)iiAdd the following appropriately numbered SECTIONS to the bill and renumber the SECTIONS of the bill accordingly:

SECTIONi____.iiTEXAS COMMISSION ON ENVIRONMENTAL QUALITY. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2009, the amount of $2,000,000 is appropriated out of the general revenue dedicated account number 550 to the Texas Commission on Environmental Quality for the two-year period beginning on the effective date of this Act for conducting hazardous substance removal and disposal activities at Ballard Pits, a state superfund site in Nueces County.

SECTIONi____.iiDEPARTMENT OF AGING AND DISABILITY SERVICES:

CONTINGENCY FOR SENATE BILL 643. (a) Contingent on the enactment by the 81st Legislature, Regular Session, 2009, and becoming law of Senate Bill 643 or similar legislation relating to the protection and care of persons with mental retardation, the Department of Aging and Disability Services is appropriated, in addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2009, the amount of $19,000,000 from the general revenue fund and $19,000,000 from federal funds for the two-year period beginning on the effective date of this Act to fully implement the provisions of the legislation; to install video surveillance equipment in areas defined as nonprivate space for residents of state developmental centers and the ICF/MR component of the Rio Grande State Center; and to monitor video across shifts to detect and prevent abuse and exploitation of residents and clients.

(b)iiIn addition to the number of full-time equivalent employees (FTEs) the Department of Aging and Disability Services is authorized by other law to employ during the state fiscal biennium ending August 31, 2011, the department may employ an additional 186.0 FTEs during that state fiscal biennium.

(c)iiAlso contingent on enactment by the 81st Legislature, Regular Session, 2009 and becoming law of Senate Bill 643 or similar legislation relating to the protection and care of persons with mental retardation, the Department of Aging and Disability Services shall use amounts appropriated by Senate Bill 1, Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), to implement name changes, mortality reviews, on-site annual surveys of group homes, the Forensic State Supported Living Center, an independent ombudsman, a new assistance commissioner, behavioral support specialists for alleged offenders, and employee background checks, finger printing, and drug testing.

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SECTIONi____.iiTEXAS COMMISSION ON ENVIRONMENTAL QUALITY: TEXAS EMISSIONS REDUCTION PLAN ACCOUNT. The Texas Commission on Environmental Quality is appropriated the amount of $37,000,000 out of the Texas Emissions Reduction Plan Account No. 5071 for the two year period beginning on the effective date of this Act for the implementation of activities under Subsection (a) of 386.252 of the Health and Safety Code.

SECTIONi____.iiDEPARTMENT OF PUBLIC SAFETY: EMERGENCY PREPAREDNESS. The Department of Public Safety is appropriated the amount of $4,500,000 from the general revenue fund under Goal D, Emergency Management, for the two year period beginning on the effective date of this Act to be transferred to the Division of Emergency Management for staffing and emergency systems to apply lessons learned in multiple major disasters in 2007 and 2008 to enhance the capability of the state to plan and coordinate emergency preparedness, emergency response, and disaster recovery operations with local governments and state and federal agencies and to fully incorporate the support of industry and volunteer groups into emergency operations. Of the funds appropriated in this section, the amount of $1,550,000 shall be used to enhance the capabilities of the State Operations Center and the remainder shall be used to fund 29 full-time equivalent positions to improve preparedness and response capabilities, the delivery of disaster assistance, and staffing for disaster-related financial management.

SECTIONi____.iiTEXAS WORKFORCE COMMISSION: FEDERALLY FUNDED BENEFITS. To minimize the impact on state funds appropriated in this Act or in Senate Bill 1, Acts of the 81st Legislature, Regular Session, 2009, (the General Appropriations Act) for the fiscal biennium ending August 31, 2011, for unemployment benefits, the Texas Workforce Commission may adjust unemployment eligibility periods as necessary to maximize receipt of any 100 percent federally funded benefit. This provision does not appropriate state funds, nor may additional state funds be appropriated as a result of this authorization. Additional federal funds received by the State of Texas resulting from the authorized adjustment are appropriated as necessary to comply with Section 2005 of Public Law No. 111-5.

SECTIONi____.iiEMPLOYEES RETIREMENT SYSTEM: PILOT PROGRAM TO TEST ALTERNATIVE PAYMENT SYSTEMS. Out of funds appropriated to the Employees Retirement System in Senate Bill 1, Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), for the fiscal biennium ending August 31, 2011, the Employees Retirement System is authorized to establish a pilot program under which physicians and health care providers who provide health care services to employees and retirees participating in the group benefits program are compensated under a payment system designed to test alternatives to traditional fee-for-service payments. To the extent practicable, the program must be based on nationally recognized quality of care standards and evidence-based best practices, and must include policies designed to promote provider collaboration and other policies and practices as necessary to ensure high-quality and effective health care services.

SECTIONi____.iiTEXAS PARKS AND WILDLIFE DEPARTMENT: LOCAL PARK RESTORATION. Contingent on enactment by the 81st Legislature, Regular Session, 2009, and becoming law of H.B. 3391, S.B 1010, or similar legislation relating to the continuation and functions of the Parks and Wildlife Department, out of

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(1)ii$373,000 shall be allocated for a one-to-one matching grant for the purpose of replacing the existing Oscar Du Conge Pool with safe and appropriate public recreational water activities in East Waco, such as a splash pad/spray park; and

(2)ii$1,127,000 shall be allocated for a two-to-one matching grant for the purpose of restoring, upgrading, or replacing the existing public skate park to provide a safe, family recreational skating facility.

SECTIONi____.iiAPPROPRIATIONS FOR ADVANCED CLEAN ENERGY PROJECT.i Amounts appropriated by Senate Bill 1, Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), to the Trusteed Programs within the Office of the Governor for transfer to the Texas Emerging Technology Fund may be used for the two-year period beginning on the effective date of this Act for expenditures related to clean energy programs or projects, as authorized by general law.

SECTIONi____.iiUNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON: TRAUMA CARE. The University of Texas Health Science Center at Houston is appropriated $6,000,000 from the general revenue dedicated account 5111 for the two year period beginning on the effective date of this Act to provide reimbursements for uncompensated care.

SECTIONi____.iiUNIVERSITY OF TEXAS M.D. ANDERSON CANCER CENTER: UNCOMPENSATED CARE FOR HURRICANE IKE PATIENTS. The University of Texas M.D. Anderson Cancer Center is appropriated $2,000,000 from the general revenue fund for the two year period beginning on the effective date of this Act to provide reimbursements for uncompensated care for Hurricane Ike patients.

SECTIONi____.iiUNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER AT FORT WORTH: TRAUMA CARE. The University of North Texas Health Science Center at Fort Worth is appropriated $2,000,000 from the general revenue fund for the two year period beginning on the effective date of this Act to provide reimbursements for uncompensated care.

SECTIONi____.iiTEXAS PARKS AND WILDLIFE DEPARTMENT: VARIOUS FUNCTIONS. The Texas Parks and Wildlife Department is appropriated from the general revenue fund for the two year period beginning on the effective date of this Act the following amounts:

(1)ii$2,000,000 to repair hurricane-related damages to the Sea Rim State Park; and

(2)ii$1,000,000 for information technology services.

SECTIONi____.iiNAVARRO COLLEGE: REIMBURSEMENTS. Navarro College is appropriated $1,500,000 from the general revenue fund for the two year period beginning on the effective date of this Act to reimburse the Higher Education Coordinating Board for new campus funding.

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SECTIONi____.iiTEXAS DEPARTMENT OF LICENSING AND REGULATION: OPERATIONS. The Texas Department of Licensing and Regulation is appropriated $956,000 from the general revenue fund for the two year period beginning on the effective date of this Act for operations.

SECTIONi____.iiCANCER PREVENTION AND RESEARCH INSTITUTE: CERTAIN SALARIES. (a) Notwithstanding any limitation on salary rates prescribed by Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular Session, 2007 (the General Appropriations Act), the Executive Director of the Cancer Prevention and Research Institute shall be compensated at a rate not to exceed $214,000 per fiscal year for the fiscal year ending August 31, 2009, and the Chief Scientific Officer of the institute may be compensated at a rate not to exceed $212,000 per year for the fiscal year ending August 31, 2009.

(b)iiIn addition to the rates provided in Subsection (a) of this section, the Executive Director may receive a salary supplement not to exceed $86,000 for a total combined salary of $300,000 out of state and foundation funds for the fiscal year ending August 31, 2009. In addition to the rates provided in Subsection (a) of this section, the Chief Scientific Officer may receive a salary supplement not to exceed $488,000 for a total combined salary of $700,000 out of state and foundation funds for the fiscal year ending August 31, 2009. The respective salaries paid out of appropriated state funds and foundation funds for each fiscal year of the biennium to the Executive Director and the Chief Scientific Officer of the Institute may not exceed the highest salary paid to a chancellor of a public university system.

SECTIONi____.iiGENERAL LAND OFFICE: DISASTER MITIGATION BUYOUTS. The General Land Office is appropriated $10,000,000 from the general revenue fund for the two year period beginning on the effective date of this Act for structure buyouts as authorized by Chapter 33, Natural Resources Code.

SECTIONi____.iiDEPARTMENT OF STATE HEALTH SERVICES: NORTHSTAR BEHAVIORAL HEALTH WAIVER. (a) Notwithstanding any limitations prescribed by Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular Session, 2007 (the General Appropriations Act), for the fiscal year ending August 31, 2009, to the extent that the NorthSTAR managed care organization is able to obtain cost savings associated with state-approved purchasing arrangements for the purchase of new generation medications under Department of State Health Services Strategy B.2.4, NorthSTAR Behavioral Health Waiver, NorthSTAR managed care organization may expend an equivalent amount from Strategy B.2.4, NorthSTAR Behavioral Health Waiver on direct services to clients.

(b)iiIn addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2009, the amount of $5,000,000 is appropriated out of the general revenue fund to the Department of State Health Services under Strategy B.2.4, NorthSTAR Behavioral Health Waiver to provide direct client services.

SECTIONi____.iiAPPROPRIATION FOR A SINGLE RETENTION PAYMENT FOR WORK PERFORMED BY STATE EMPLOYEES. (a) As used in this section, retention payment means a single employee compensation payment in the amount of eight hundred dollars ($800) authorized to be paid to employees in August, 2009, by each agency of the State of Texas through the payroll system, to each

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(b)iiThe Comptroller of Public Accounts is appropriated an amount estimated to be $42,183,779 out of the General Revenue Fund, an amount estimated to be $3,915,109 out of General Revenue-Dedicated, an amount estimated to be $21,904,727 out of federal funds, and an amount estimated to be $20,260,422 out of other funds and accounts, to fund a retention payment for work performed by the state employees as described in Subsection (a) of this section for employees of state agencies including employees of the Higher Education Coordinating Board and employees of a Texas A&M University System service agency.

(c)iiThis section shall not apply to employees of institutions of higher education (except for employees of a service agency of The Texas A&M University System), statewide elected officials, justices and judges of the appellate and district courts, district attorneys, criminal district attorneys, county attorneys performing the duties of a district attorney, or line item exempt (non-classified) employees. Additionally, this section shall not apply to the following employees:

(1)iiAt the Texas Department of Criminal Justice:

(A)iiCorrectional Officer series; and Ranking Staff (including Sergeants, Lieutenants, Captains, Majors, Assistant Wardens, and Wardens) otherwise provided a pay increase under the General Appropriations Act for the 2010-11 Biennium;

(B)iiLaundry Managers otherwise provided a pay increase under the General Appropriations Act for the 2010-11 Biennium;

(C)iiFood Service Managers otherwise provided a pay increase under the General Appropriations Act for the 2010-11 Biennium;

(D)iiParole Officer series otherwise provided a pay increase under the General Appropriations Act for the 2010-11 Biennium; and

(E)iiOther unit staff otherwise provided a pay increase under the General Appropriations Act for the 2010-11 Biennium;

(2)iiAt the Texas Youth Commission:

(A)iiJuvenile Correctional Officers series otherwise provided a pay increase under the General Appropriations Act for the 2010-11 Biennium; and

(B)iiOther unit staff otherwise provided a pay increase under the General Appropriations Act for the 2010-11 Biennium;

(3)iiLaw Enforcement Employees classified under Schedule C under Part 2, Article IX of the General Appropriations Act for the 2010-11 Biennium otherwise provided a pay increase under the General Appropriations Act for the 2010-11 Biennium;

(4)iiAt the Parks and Wildlife Department, in the event the Comptroller certifies the additional revenue of $11,328,892 from the Game, Fish and Water Safety Account No. 9, the employees provided pay raises from these amounts during the 2010-11 Bienniumimay not participate in the $800 retention payment for classified employees provided by this Act.

(5)iiIn the Judicial branch of state government:

(A)iiAt the Supreme Court and the Court of Criminal Appeals:

(1)iithe staff attorneys;

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(2)iilaw clerks; and

(3)iicourt administrative staff;

(B)iiAt the 14 Appellate Courts:

(1)iistaff attorneys;

(2)iilaw clerks; and

(3)iiemployees whom a Court of Appeals designates as receiving salary increases from the block grant appropriated for the 14 Courts of Appeals in the 2010-11 Biennium;

(C)iiAt the State Law Library, all positions; and

(D)iiAt the State Commission on Judicial Conduct, the General Counsel andiattorney staff;

(6)iiAt all agencies, financial examiners otherwise provided a pay increase under the General Appropriations Act for the 2010-11 Biennium; and

(7)iiAt all agencies, employees who earned amounts greater than $100,000.00 per year calculated as may be prescribed by rules adopted by the Comptroller in order to achieve the legislative objective of excluding employees who earn salaries greater than either $8,334.00 per month or $100,000.00 per year from receiving the retention payment.

(d)iiFor employees paid the retention payment authorized under this section, any increase in employee benefits costs associated with the retention payment as described above shall be paid exclusively from appropriations made above in Subsection (b) of this section except for county extension agents who may receive a retention payment solely from appropriations made from the general revenue fund.

(e)iiProvisions requiring salaries and benefits to be proportional to the source of funds shall apply to all sums allocated under this section for the payment of a retention payment as if the retention payment was a part of the employee's regular compensation, except as may otherwise be provided. Each agency shall pay the retention payment from funds held in the state treasury and from local funds in the same proportion as the employee's regular compensation.

(f)iiThe Comptroller shall adopt rules as necessary to administer this section. Funds appropriated in this section shall be allocated to each agency, and to the appropriate employee benefit appropriation items, in accordance with such rules and may be used only for the purpose of providing a retention payment and paying associated employee benefit costs.

(g)iiThis section does not authorize an increase of classified salary rates above the rates listed in the classified salary schedules A, B, and C (as applicable) under Part 2, Article IX of the General Appropriations Act for the 2010-11 Biennium. This section authorizes each agency to pay a retention payment to each eligible employee of that agency from funds appropriated by this Act.

(h)iiAgencies subject to a special provisions rider "Appropriations Limited to Revenue Collections" of the General Appropriations Act for the 2010-11 Biennium shall increase revenues as necessary to cover the increased retention payment amounts appropriated above. Revenues to general revenue and general revenue dedicated funds due to the retention payment increase described above are estimated to be at least $3,400,000.

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SECTIONi____.iiDEPARTMENT OF PUBLIC SAFETY: APPROPRIATIONS FOR CERTAIN SALARIES. (a) Notwithstanding the Position Classification Plan, under Section 2.01, Article IX, Senate Bill 1, Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), the Department of Public Safety is appropriated for the two year period beginning on the effective date of this Act the following amounts for the following purposes:

(1)ii$3,369,476 out of general revenue dedicated fund 99 to fund the reclassification of positions for the police communications operators and supervisors at the Bureau of Law Enforcement Communications and Technology within the Department of Public Safety; and

(2)ii$350,000 out of the general revenue dedicated fund 99 to fund the reclassification of positions for the forensic scientists in the Forensic Breath Laboratory Services within the Department of Public Safety.

(b)iiThe State Classification Officer shallireview and properly classify the positions affected by Subsection (a) of this section pursuant to authority provided under Chapter 654, Government Code.

SECTIONi____.iiDEPARTMENT OF PUBLIC SAFETY: CERTAIN BORDER SECURITY FUNDS. (a) Notwithstanding amounts appropriated under Senate Bill 1, Acts of the 81st Legislature, Regular Session, 2009, (the General Appropriations Act), in the appropriation to the Department of Public Safety for the fiscal year ending August 31, 2010, the amount of general revenue dedicated account 99 appropriated to the Department of Public Safety under Strategy D.1.1., Emergency Preparedness, is reduced by $5,500,000.

(b)iiSubsection (a), Rider 54, of the bill pattern of the Department of Public Safety, under Article V in Senate Bill 1, Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), has no effect.

SECTIONi____.iiTEXAS A&M INTERNATIONAL UNIVERSITY. OUTREACH AND ENROLLMENT. Texas A&M International University is appropriated $1,000,000 out of the general revenue fund for the fiscal year ending August 31, 2010, and $1,000,000 out of the general revenue fund for the period beginning on September 1, 2010, and ending on the second anniversary of the effective date of this Act for outreach, access, enrollment, advising, tutoring, and retention support.

SECTION. ___. CONTINGENT APPROPRIATION FOR S.B. 2534. Contingent on the enactment of S.B. 2534 or similar legislation relating to the creation of an interagency task force on economic growth and endangered species by the 81st Legislature, Regular Session, 2009, $250,000 is appropriated out of the general revenue fund for the fiscal year ending August 31, 2010, to the Texas A&M University System for the purpose of operating the Task Force on Economic Growth and Endangered Species.

SECTIONi____.iiTEXAS PUBLIC FINANCE AUTHORITY: DEBT SERVICE. The Texas Public Finance Authority is appropriated $3,200,000 from the general revenue fund for the two year period beginning on the effective date of this Act to pay debt service on general obligation bonds.

3534 81st Legislature — Regular Session 68th Day

SECTIONi____.iiCONTINGENCY APPROPRIATION FOR H.B. 1511. (a) Contingent on enactment by the 81st Legislature, Regular Session, 2009 and becoming law of House Bill 1511, House Bill 2860, or Senate Bill 1411, or similar legislation relating to financial assistance programs in connection with certain children in the conservatorship of the Department of Family and Protective Services, the Department of Family and Protective Services is appropriated $2,250,638 out of the general revenue fund for the fiscal year ending August 31, 2010, and $1,980,067 out of the general revenue fund for the period beginning on September 1, 2010, and ending on the second anniversary of the effective date of this Act, to implement the legislation.

(b)iiAlso contingent on enactment by the 81st Legislature, Regular Session, 2009 and becoming law of House Bill 1511, House Bill 2860, or Senate Bill 1411, or similar legislation relating to financial assistance programs in connection with certain children in the conservatorship of the Department of Family and Protective Services, the Department of Family and Protective Services, in addition to the number of full-time equivalent employees (FTEs) the Department of Family and Protective Services is authorized by other law to employ during the state fiscal biennium ending August 31, 2011, is authorized to employ an additional 17.0 FTEs during that state fiscal biennium.

SECTIONi____.iiCONTINGENCY APPROPRIATION FOR S.B. 2323. Contingent on enactment by the 81st Legislature, Regular Session, 2009 and becoming law of Senate Bill 2323 or similar legislation relating to the functions of the Texas School Safety Center, Texas State University-San Marcos is appropriated out of the general revenue fund for Strategy C.1.3, School Safety Center, the amounts of $308,612 in the fiscal year ending August 31, 2010, and $308,612 for the period beginning on September 1, 2010 and ending on the second anniversary of the effective date of this Act and is authorized to employ an additional four FTEs in each year of the biennium to implement provisions of the legislation.

SECTIONi____.iiCONTINGENCY APPROPRIATION FOR H.B. 1684. Contingent upon the enactment by the 81st Legislature, Regular Session, 2009, and becoming law of H.B. 1684 or similar legislation relating to the creation and administration of the rural veterinarian loan repayment program, the Office of Rural Community Affairs is appropriated $500,000 out of the general revenue fund for the two year period beginning on the effective date of this Act to implement provisions of the legislation.

SECTIONi____.iiCONTINGENCY APPROPRIATION FOR S.B. 174. Contingent upon the enactment by the 81st Legislature, Regular Session, 2009, and becoming law of S.B. 174 or similar legislation relating to educator preparation programs, the Texas Education Agency is appropriated $275,000 in State Board for Educator Certification fees for the two year period beginning on the effective date of this Act to implement provisions of the legislation. The Texas Education Agency may employ an additional two Full-Time Equivalents in each fiscal year during the fiscal biennium ending August 31, 2011.

Wednesday, May 27, 2009 SENATE JOURNAL 3535

SECTIONi____.iiUNIVERSITY OF TEXAS AT TYLER: PALESTINE CAMPUS. The University of Texas at Tyler is appropriated $1,300,000 out of the general revenue fund for the two year period beginning on the effective date of this Act for faculty salaries and facility operations at the Palestine campus.

SECTIONi____.iiOFFICE OF THE GOVERNOR: RIDER 4. Rider 4 of the bill pattern of the Office of the Governor in Senate Bill 1, Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), has no effect.

SECTIONi____.iiCONTINGENCY APPROPRIATION FOR S.B. 1362. Contingent upon the enactment by the 81st Legislature, Regular Session, 2009 and becoming law of Senate Bill 1362 or similar legislation relating to a Texas Youth Commission comprehensive plan to improve student reading skills and behavior, the Texas Education Agency is appropriated $375,000 out of the general revenue fund for each fiscal year of the biennium beginning September 1, 2009. On a determination by the commissioner of education that the Texas Youth Commission has developed a comprehensive plan based on research that will improve the reading skills and behavior of students served by the commission, the commissioner of education shall transfer the funds to the Texas Youth Commission for use in implementing the comprehensive plan.

SECTIONi____.iiCONTINGENCY APPROPRIATION FOR S.B. 1313. Contingent on enactment by the 81st Legislature, Regular Session, 2009, and becoming law of Senate Bill 1313 or similar legislation relating to the quality and accessibility of public school career and technical training programs and to assistance to students concerning postsecondary education and training, the Texas Education Agency is appropriated $1,350,000 for the state fiscal year ending August 31, 2011, out of the general revenue fund for industry certification examinations to non-economically disadvantaged students, $540,000 in fiscal year 2011 out of the general revenue fund for the State Board Education to conduct a course review, and $100,000 in fiscal year 2011 out of the general revenue fund to expand the Best Practices Clearinghouse to include career and technology education. The Texas Workforce Commission is appropriated $100,000 for the state fiscal year ending August 31, 2011, out of the general revenue fund to develop a list of high-demand, high-wage, high-skill occupations that require licensure, certification, an associate degree, or a bachelor's degree. The Higher Education Coordinating Board is appropriated out of the general revenue fund the amount of $2,290,000 for the state fiscal year ending August 31, 2011, for training and materials dealing with the "College for Texans" program and the amount of $100,000 for the state fiscal year ending August 31, 2011, to conduct an economic impact study to determine the economic impact to the state of secondary and post-secondary training and education. The "Number of Full-Time Equivalents" in the Higher Education Coordinating Board bill pattern is increased by two FTEs in the state fiscal year ending August 31, 2011.

The amendment to CSHB 4586 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 Ogden and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

3536 81st Legislature — Regular Session 68th Day

CSHB 4586 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 4586 ON THIRD READING

Senator Ogden moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi4586 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 3689 ON SECOND READING

On motion of Senator Hinojosa and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 3689 at this time on its second reading:

CSHB 3689, Relating to the functions and continuation of the Texas Youth Commission and the Texas Juvenile Probation Commission and to the functions of the Office of Independent Ombudsman for the Texas Youth Commission.

The bill was read second time.

Senator Hinojosa offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 3689 (Senate committee printing) as follows:

(1)iiIn the recital to SECTION 3.012 of the bill (page 12, line 7), strike "Sections 141.057 and 141.058" and substitute "Sections 141.057, 141.058, and 141.059".

(2)iiIn SECTION 3.012 of the bill (page 12, between lines 30 and 31), insert:

Sec.i141.059.iiRESIDENTIAL TREATMENT FACILITY. (a) The commission may contract with a local mental health and mental retardation authority that, on Aprili1, 2009, had an unutilized or underutilized residential treatment facility, for the establishment of a residential treatment facility for juveniles with mental illness or emotional injury who, as a condition of juvenile probation, are ordered by a court to reside at the facility and receive education services at the facility. The commission may work in cooperation with the local mental health and mental retardation authority to provide mental health residential treatment services for juveniles residing at a facility established under this section.

(b)iiA residential treatment facility established under this section must provide juveniles receiving treatment at the facility:

(1)iia short-term program of mental health stabilization that does not exceed 150 days in duration; and

(2)iiall educational opportunities and services, including special education instruction and related services, that a school district is required under state or federal law to provide for students residing in the district through a charter school operated in accordance with and subject to Subchapter D, Chapter 12, Education Code.

Wednesday, May 27, 2009 SENATE JOURNAL 3537

(c)iiIf a residential treatment facility established under this section is unable to provide adequate and sufficient educational opportunities and services to juveniles residing at the facility, the facility may not continue to operate beyond the end of the school year in which the opportunities or services provided by the facility are determined to be inadequate or insufficient.

(d)iiNotwithstanding any other law and in addition to the number of charters allowed under Subchapter D, Chapter 12, Education Code, the State Board of Education shall grant a charter on the application of a residential treatment facility established under this section for a school chartered for the purposes of this section.

(3)iiAdd the following appropriately numbered SECTION to ARTICLE 4 of the bill and renumber subsequent SECTIONS of that ARTICLE accordingly:

SECTIONi4.___.iiSection 29.012, Education Code, is amended by adding Subsection (e) to read as follows:

(e)iiThis section does not apply to a residential treatment facility for juveniles established under Section 141.059, Human Resources Code.

(4)iiAdd the following appropriately numbered SECTION to ARTICLE 5 of the bill and renumber subsequent SECTIONS of that ARTICLE accordingly:

SECTIONi5.___.iiSection 141.059, Human Resources Code, as added by this Act, and Section 29.012, Education Code, as amended by this Act, apply beginning with the 2009-2010 school year.

The amendment to CSHB 3689 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 Hinojosa offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSHB 3689 (Senate committee printing), in ARTICLE 3 of the bill, by striking SECTION 3.001 of the bill (page 6, lines 47 through 61) and substituting the following:

SECTIONi3.001.iiSection 141.011(a), Human Resources Code, is amended to read as follows:

(a)iiThe commission consists of:

(1)iitwo district court judges who sit as juvenile court judges;

(2)iione county judge or commissioner [two county judges or commissioners]; [and]

(3)iione chief juvenile probation officer of a juvenile probation department that serves a county with a small population;

(4)iione chief juvenile probation officer of a juvenile probation department that serves a county with a medium population;

(5)iione chief juvenile probation officer of a juvenile probation department that serves a county with a large population;

(6)iione mental health treatment professional licensed under Subtitle B or I, Title 3, Occupations Code;

(7)iione educator, as that term is defined by Section 5.001, Education Code; and

3538 81st Legislature — Regular Session 68th Day

(8)iione member [five members] of the public who is [are] not an employee [employees] in the criminal or juvenile justice system and is recognized in the community for the person's interest in youth.

The amendment to CSHB 3689 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 Hinojosa offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSHB 3689 (Senate committee printing), in ARTICLE 1 of the bill, by adding the following appropriately numbered SECTION to that ARTICLE and renumbering subsequent SECTIONS of that ARTICLE accordingly:

SECTIONi1.___.iiSections 61.0451(a) and (i), Human Resources Code, are amended to read as follows:

(a)iiThe office of inspector general is established at the commission for the purpose of investigating:

(1)iicrimes committed by commission employees, including parole officers employed by or under a contract with the commission; and

(2)iicrimes and delinquent conduct committed at a facility operated by the commission, [or at] a residential facility operated by another entity under a contract with the commission, or any facility in which a child committed to the custody of the commission is housed or receives medical or mental health treatment.

(i)iiThe office of inspector general shall immediately report to the executive director [commissioner], the [advisory] board, the governor's general counsel, and the state auditor:

(1)iiany particularly serious or flagrant problem concerning the administration of a commission program or operation; or

(2)iiany interference by the executive director, [commissioner or] an employee of the commission, a facility described by Subsection (a)(2), or an officer or employee of a facility described by Subsection (a)(2) with an investigation conducted by the office.

The amendment to CSHB 3689 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 Shapiro offered the following amendment to the bill:

Floor Amendment No. 4

Amend CSHB 3689 (Senate committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi____.iiSubchapter E, Chapter 30, Education Code, is amended by adding Section 30.106 to read as follows:

Sec.i30.106.iiREADING AND BEHAVIOR PLAN. (a)iiBecause learning and behavior are inextricably linked and learning and improved behavior correlate with decreased recidivism rates, the Texas Youth Commission shall not only fulfill the

Wednesday, May 27, 2009 SENATE JOURNAL 3539

(b)iiTo improve the reading skills of students in Texas Youth Commission educational programs, the commission shall:

(1)iiadopt a reliable battery of reading assessments that:

(A)iiare based on a normative sample appropriate to students in commission educational programs;

(B)iiare designed to be administered on an individual basis; and

(C)iiallow school employees to:

(i)iievaluate performance in each essential component of effective reading instruction, including phonemic awareness, phonics, fluency, vocabulary, and comprehension;

(ii)iimonitor progress in areas of deficiency specific to an individual student; and

(iii)iiprovide reading performance data;

(2)iiadminister the assessments adopted under Subdivision (1):

(A)iiat periodic intervals not to exceed 12 months, to each student in a commission educational program; and

(B)iiat least 15 days and not more than 30 days before a student is released from the commission;

(3)iiprovide at least 60 minutes per school day of individualized reading instruction to each student in a commission educational program who exhibits deficits in reading on the assessments adopted under Subdivision (1):

(A)iiby trained educators with expertise in teaching reading to struggling adolescent readers; and

(B)iithrough the use of scientifically based, peer-reviewed reading curricula that:

(i)iihave proven effective in improving the reading performance of struggling adolescent readers;

(ii)iiaddress individualized and differentiated reading goals; and

(iii)iiinclude each of the essential components of effective reading instruction, including phonemic awareness, phonics, fluency, vocabulary, and comprehension;

(4)iirequire each teacher in a commission regular or special educational program who teaches English language arts, reading, mathematics, science, social studies, or career and technology education to be trained in incorporating content area reading instruction using empirically validated instructional methods that are appropriate for struggling adolescent readers; and

(5)iievaluate the effectiveness of the commission's plan to increase reading skills according to the following criteria:

(A)iian adequate rate of improvement in reading performance, as measured by monthly progress monitoring using curricular-based assessments in each of the essential components of effective reading instruction, including phonemic awareness, phonics, fluency, vocabulary, and comprehension;

3540 81st Legislature — Regular Session 68th Day

(B)iia significant annual rate of improvement in reading performance, disaggregated by subgroups designated under commission rule, as measured using the battery of reading assessments adopted under Subdivision (1); and

(C)iistudent ratings of the quality and impact of the reading plan under this subsection, as measured on a student self-reporting instrument.

(c)iiTo increase the positive social behaviors of students in Texas Youth Commission educational programs and to create an educational environment that facilitates learning, the commission shall:

(1)iiadopt system-wide classroom and individual positive behavior supports that incorporate a continuum of prevention and intervention strategies that:

(A)iiare based on current behavioral research; and

(B)iiare systematically and individually applied to students consistent with the demonstrated level of need;

(2)iirequire each teacher and other educational staff member in a commission educational program to be trained in implementing the positive behavior support system adopted under Subdivision (1); and

(3)iiadopt valid assessment techniques to evaluate the effectiveness of the positive behavior support system according to the following criteria:

(A)iidocumentation of school-related disciplinary referrals, disaggregated by the type, location, and time of infraction and by subgroups designated under commission rule;

(B)iidocumentation of school-related disciplinary actions, including time-out, placement in security, and use of restraints and other aversive control measures, disaggregated by subgroups designated under commission rule;

(C)iivalidated measurement of systemic positive behavioral support interventions; and

(D)iithe number of minutes students are out of the regular classroom because of disciplinary reasons.

(d)iiThe Texas Youth Commission shall consult with faculty from institutions of higher education who have expertise in reading instruction for adolescents, in juvenile corrections, and in positive behavior supports to develop and implement the plan under Subsections (b) and (c).

(e)iiA student in a Texas Youth Commission educational program may not be released on parole from the commission unless the student participates, to the extent required by commission rule, in the positive behavior support system under Subsection (c). A student in a commission educational program who exhibits deficits in reading on the assessments adopted under Subsection (b)(1) must also participate in reading instruction to the extent required by this section and by commission rule before the student may be released on parole.

(f)iiNot later than December 1, 2010, the Texas Youth Commission shall report to the legislature concerning:

(1)iithe effectiveness of the commission's reading plan based on the criteria specified by Subsection (b)(5); and

(2)iithe implementation of the positive behavior support system plan under Subsection (c).

Wednesday, May 27, 2009 SENATE JOURNAL 3541

(g)iiNot later than December 1, 2012, the Texas Youth Commission shall report to the legislature concerning the effectiveness of the positive behavior support system based on the criteria specified by Subsection (c)(3).

(h)iiSubsections (f) and (g) and this subsection expire January 1, 2013.

SECTIONi____.ii(a)iiNot later than November 1, 2009, the Texas Youth Commission shall adopt the battery of reading assessments as required by Subsection (b), Section 30.106, Education Code, as added by this Act.

(b)iiNot later than January 1, 2010, the Texas Youth Commission shall begin administering the battery of reading assessments as required by Subsection (b), Section 30.106, Education Code, as added by this Act.

SECTIONi____.iiSubsection (e), Section 30.106, Education Code, as added by this Act, applies to release on parole from the Texas Youth Commission beginning September 1, 2010.

The amendment to CSHB 3689 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 Hinojosa and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

CSHB 3689 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 3689 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 CSHBi3689 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.

(President in Chair)

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 27, 2009

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:

3542 81st Legislature — Regular Session 68th Day

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

SB 42, Relating to the eligibility of certain employees, postdoctoral fellows, and graduate students to participate in health benefit programs at public institutions of higher education.

(Committee Substitute)

SB 313, Relating to the term of a reinvestment zone and to the assessment and payment of tax increments under the Tax Increment Financing Act.

(Amended)

SB 361, Relating to the requirement that certain water service providers ensure emergency operations during an extended power outage.

(Committee Substitute/Amended)

SB 504, Relating to the use of land on the main campus of Texas A&M University in College Station.

SB 654, Relating to continued health coverage for employees of certain political subdivisions.

(Amended)

SB 679, Relating to the administration of certain housing funds by the Texas Department of Housing and Community Affairs.

(Amended)

SB 882, Relating to the powers and duties of a regional tollway authority.

(Committee Substitute)

SB 958, Relating to an exemption from the sales and use tax for machinery and equipment used in an agricultural aircraft operation.

(Amended)

SB 1143, Relating to requirements regarding employer liability for certain group health benefit plan premiums.

(Amended)

SB 1145, Relating to protocol for folding the state flag.

(Amended)

SB 1209, Relating to the Middle Trinity Groundwater Conservation District.

SB 1299, Relating to the regulation of stormwater management by certain counties.

SB 1374, Relating to annual reports by the Texas Juvenile Probation Commission on the operations and conditions of probation services in this state.

(Committee Substitute)

SB 1478, Relating to the authority of hospital districts to lease undeveloped real property.

SB 1612, Relating to the provision of information by health and human services agencies to assist children with velocardiofacial syndrome.

(Committee Substitute)

SB 1633, Relating to certain restrictions on the composition of a tax increment financing reinvestment zone.

SB 1777, Relating to disbursement of child support payments in Title IV-D cases.

Wednesday, May 27, 2009 SENATE JOURNAL 3543

SB 1782, Relating to the deferral by a licensed distributor or importer of payment of gasoline and diesel fuel taxes and credits authorized for certain of those deferrals.

SB 1812, Relating to notice to a life insurer of an adverse claim to policy proceeds by a person with a bona fide legal claim.

(Committee Substitute)

SB 1813, Relating to the exception from required public disclosure of certain appraisal district records.

SB 1844, Relating to revenue received from the provision of pay telephone service to inmates confined in facilities operated by the Texas Department of Criminal Justice.

(Amended)

SB 1903, Relating to creating a recognition day in honor of Vietnam veterans.

SB 1948, Relating to a study regarding a supervised reentry program for certain inmates nearing their date of discharge from the Texas Department of Criminal Justice.

(Committee Substitute)

SB 1967, Relating to the safe operation of motorcycles and other vehicles in this state; providing penalties.

(Amended)

SB 1982, Relating to the licensing and regulation of pool-related electrical maintenance.

SB 2028, Relating to privately funded memorials honoring certain peace officers killed in the line of duty.

SB 2041, Relating to requiring an applicant for a driver's license to demonstrate knowledge of motorists' rights and responsibilities in relation to bicyclists.

SB 2067, Relating to access to precinct conventions by the elderly and persons with physical disabilities.

SB 2073, Relating to eligibility to hold the office of notary public.

SB 2169, Relating to the establishment of a smart growth policy work group and the development of a smart growth policy for this state.

(Amended)

SB 2178, Relating to the establishment by the commissioner of education of a computer lending pilot program for public schools.

SB 2244, Relating to the eligibility of employees of certain businesses or organizations established as part of the state's economic development program and of dependents of those employees to pay resident tuition at public institutions of higher education.

SB 2344, Relating to examination requirements in certain guardianship matters concerning persons with mental retardation.

3544 81st Legislature — Regular Session 68th Day

SB 2442, Relating to the exemption from ad valorem taxation of property owned by certain charitable organizations.

(Amended)

SB 2453, Relating to the East Montgomery County Improvement District.

(Committee Substitute)

SB 2454, Relating to preferences of certain district courts in Tarrant County.

SB 2456, Relating to the creation of the Brush Country Groundwater Conservation District; providing authority to impose a tax and issue bonds.

(Amended)

SB 2467, Relating to the creation of Waller Town Center Management District; providing authority to impose an assessment, impose a tax, and issue bonds; and granting a limited power of eminent domain.

SB 2485, Relating to the creation of the Montgomery County Municipal Utility District No. 118; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

SB 2495, Relating to eligibility requirements to serve as a member of the board of directors of the Bee Groundwater Conservation District.

SB 2501, Relating to the creation of the North Oak Cliff Municipal Management District; providing the authority to impose an assessment, impose a tax, and issue bonds.

SB 2510, Relating to the creation of the Harris County Improvement District No. 18; providing authority to impose an assessment, impose a tax, and issue bonds.

SB 2511, Relating to the creation of Chambers County Improvement District No. 2; providing authority to levy an assessment, impose a tax, and issue bonds; granting a limited power of eminent domain.

SB 2518, Relating to the creation of the Somerset Municipal Utility District No. 3; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.

SB 2522, Relating to the board of directors of the Greater East End Management District.

SB 2526, Relating to the creation of the Travis County Improvement District No. 1; providing authority to impose an assessment, impose a tax, and issue bonds.

(Committee Substitute)

SB 2552, Relating to the powers and duties of Harris County Improvement District No. 1; providing authority to impose a tax and issue bonds.

SB 2558, Relating to the promotion and marketing of alcoholic beverages.

SB 2580, Relating to actions under the Beer Industry Fair Dealing Law.

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

Wednesday, May 27, 2009 SENATE JOURNAL 3545

COMMITTEEiiSUBSTITUTE
HOUSE BILL 2086 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 2086 at this time on its second reading:

CSHB 2086, Relating to the prosecution and punishment of the offense of engaging in organized criminal activity.

The bill was read second time.

Senator Carona offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 2086 by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi____.iiSubsection (e), Section 15.031, Penal Code, is amended to read as follows:

(e)iiAn offense under this section is one category lower than the solicited offense, except that an offense under this section is the same category as the solicited offense if it is shown on the trial of the offense that the actor:

(1)iiwas at the time of the offense 17 years of age or older and a member of a criminal street gang, as defined by Section 71.01; and

(2)iicommitted the offense with the intent to:

(A)iifurther the criminal activities of the criminal street gang; or

(B)iiavoid detection as a member of a criminal street gang.

SECTIONi____.iiSubsection (a), Section 22.015, Penal Code, is amended by adding Subdivision (3) to read as follows:

(3)ii"Family" has the meaning assigned by Section 71.003, Family Code.

SECTIONi____.iiSubsection (b), Section 22.015, Penal Code, is amended to read as follows:

(b)iiA person commits an offense if, with intent to coerce, induce, or solicit a child to actively participate in the activities of a criminal street gang, the person:

(1)iithreatens the child or a member of the child's family with imminent bodily injury; or

(2)iicauses bodily injury to the child or a member of the child's family.

SECTIONi____.iiChapter 33, Penal Code, is amended by adding Section 33.06 to read as follows:

Sec.i33.06.iiONLINE HARASSMENT TO FURTHER INTERESTS OF CRIMINAL STREET GANG. (a) In this section:

(1)ii"Commercial social networking site" means any business, organization, or other similar entity operating a website that permits persons to become registered users for the purpose of establishing personal relationships with other users through direct or real-time communication with other users or the creation of web pages or profiles available to the public or to other users. The term does not include an electronic mail program.

(2)ii"Criminal street gang" has the meaning assigned by Section 71.01.

3546 81st Legislature — Regular Session 68th Day

(3)ii"Electronic communication" means the transmission of a sign, signal, writing, image, sound, text, or other data through the use of an electronic device, including a telephone, cellular telephone, text messaging device, personal data assistant, computer, or wireless communications device.

(b)iiA person commits an offense if the person sends an electronic communication or posts a message on an electronic message board or commercial social networking site with the intent to:

(1)iiabuse, intimidate, harass, alarm, or threaten another person; and

(2)iibenefit, promote, or further the interests of a criminal street gang.

(c)iiAn offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted of an offense under this section.

SECTIONi____.iiSubsection (a), Section 71.02, Penal Code, is amended to read as follows:

(a)iiA person commits an offense if, with the intent to establish, maintain, or participate in a combination or in the profits of a combination or as a member of a criminal street gang, the person [he] commits or conspires to commit one or more of the following:

(1)iimurder, capital murder, arson, aggravated robbery, robbery, burglary, theft, aggravated kidnapping, kidnapping, aggravated assault, aggravated sexual assault, sexual assault, forgery, deadly conduct, assault punishable as a Class A misdemeanor, burglary of a motor vehicle, or unauthorized use of a motor vehicle;

(2)iiany gambling offense punishable as a Class A misdemeanor;

(3)iipromotion of prostitution, aggravated promotion of prostitution, or compelling prostitution;

(4)iiunlawful manufacture, transportation, repair, or sale of firearms or prohibited weapons;

(5)iiunlawful manufacture, delivery, dispensation, or distribution of a controlled substance or dangerous drug, or unlawful possession of a controlled substance or dangerous drug through forgery, fraud, misrepresentation, or deception;

(6)iiany unlawful wholesale promotion or possession of any obscene material or obscene device with the intent to wholesale promote the same;

(7)iiany offense under Subchapter B, Chapter 43, depicting or involving conduct by or directed toward a child younger than 18 years of age;

(8)iiany felony offense under Chapter 32;

(9)iiany offense under Chapter 36;

(10)iiany offense under Chapter 34 or 35;

(11)iiany offense under Section 37.11(a);

(12)iiany offense under Chapter 20A; [or]

(13)iiany offense under Section 37.10;

(14)iiany offense under Section 28.08; or

(15)iiany offense under Section 46.06(a)(1) or 46.14.

SECTIONi____.iiChapter 71, Penal Code, is amended by adding Sections 71.023, 71.028, and 71.029 to read as follows:

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Sec.i71.023.iiDIRECTING ACTIVITIES OF CERTAIN CRIMINAL STREET GANGS. (a) A person commits an offense if the person knowingly initiates, organizes, plans, finances, directs, manages, or supervises a criminal street gang or members of a criminal street gang with the intent to benefit, promote, or further the interests of the criminal street gang or to increase the person's standing, position, or status in the criminal street gang.

(b)iiAn offense under this section is a felony of the first degree.

(c)iiNotwithstanding Section 71.01, in this section, "criminal street gang" means:

(1)iian organization that:

(A)iihas more than 10 members whose names are included in an intelligence database under Chapter 61, Code of Criminal Procedure;

(B)iihas a hierarchical structure that has been documented in an intelligence database under Chapter 61, Code of Criminal Procedure;

(C)iiengages in profit-sharing among two or more members of the organization; and

(D)iiin one or more regions of this state served by different regional councils of government, continuously or regularly engages in conduct:

(i)iithat constitutes an offense listed in Section 3g(a)(1), Article 42.12, Code of Criminal Procedure;

(ii)iiin which it is alleged that a deadly weapon is used or exhibited during the commission of or immediate flight from the commission of any felony offense; or

(iii)iithat is punishable as a felony of the first or second degree under Chapter 481, Health and Safety Code; or

(2)iian organization that, in collaboration with an organization described by Subdivision (1), engages in conduct or commits an offense or conspires to engage in conduct or commit an offense described by Subdivision (1)(D).

Sec.i71.028.iiGANG-FREE ZONES. (a) In this section:

(1)ii"Institution of higher education," "playground," "premises," "school," "video arcade facility," and "youth center" have the meanings assigned by Section 481.134, Health and Safety Code.

(2)ii"Shopping mall" means an enclosed public walkway or hall area that connects retail, service, or professional establishments.

(b)iiExcept as provided by Subsection (c), the punishment prescribed for an offense under Section 71.02 is increased to the punishment prescribed for the next highest category of offense if the actor is 17 years of age or older and it is shown beyond a reasonable doubt on the trial of the offense that the actor committed the offense at a location that was:

(1)iiin, on, or within 1,000 feet of any:

(A)iireal property that is owned, rented, or leased by a school or school board;

(B)iipremises owned, rented, or leased by an institution of higher education;

(C)iishopping mall;

(D)iimovie theater;

(E)iipremises of a public or private youth center; or

3548 81st Legislature — Regular Session 68th Day

(F)iiplayground;

(2)iiin, on, or within 300 feet of the premises of a public swimming pool or video arcade facility; or

(3)iion a school bus.

(c)iiThe punishment prescribed for an offense under Section 71.02 may not be increased under this section if the offense is punishable under Section 71.02 as a felony of the first degree.

Sec.i71.029.iiMAPS AS EVIDENCE OF LOCATION OR AREA. (a) In a prosecution of an offense for which punishment is increased under Section 71.028, a map produced or reproduced by a municipal or county engineer for the purpose of showing the location and boundaries of gang-free zones is admissible in evidence and is prima facie evidence of the location or boundaries of those zones if the governing body of the municipality or county adopts a resolution or ordinance approving the map as an official finding and record of the location or boundaries of those zones.

(b)iiA municipal or county engineer may, on request of the governing body of the municipality or county, revise a map that has been approved by the governing body of the municipality or county as provided by Subsection (a).

(c)iiA municipal or county engineer shall file the original or a copy of every approved or revised map approved as provided by Subsection (a) with the county clerk of each county in which the zone is located.

(d)iiThis section does not prevent the prosecution from:

(1)iiintroducing or relying on any other evidence or testimony to establish any element of an offense for which punishment is increased under Section 71.028; or

(2)iiusing or introducing any other map or diagram otherwise admissible under the Texas Rules of Evidence.

SECTIONi____.iiSubchapter D, Chapter 37, Education Code, is amended by adding Section 37.110 to read as follows:

Sec.i37.110.iiINFORMATION REGARDING GANG-FREE ZONES. The superintendent of each public school district and the administrator of each private elementary or secondary school located in the public school district shall ensure that the student handbook for each campus in the public school district includes information on gang-free zones and the consequences of engaging in organized criminal activity within those zones.

SECTIONi____.iiSubchapter Z, Chapter 51, Education Code, is amended by adding Section 51.973 to read as follows:

Sec.i51.973.iiINFORMATION REGARDING GANG-FREE ZONES. The governing board of each institution of higher education shall ensure that any student handbook or similar publication for the institution includes information on gang-free zones and the consequences of engaging in organized criminal activity within those zones.

SECTIONi____.iiSubchapter C, Chapter 42, Human Resources Code, is amended by adding Section 42.064 to read as follows:

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Sec.i42.064.iiINFORMATION REGARDING GANG-FREE ZONES. Each day-care center shall, in accordance with rules adopted by the executive commissioner, distribute to parents and guardians of children who attend the center information on gang-free zones and the consequences of engaging in organized criminal activity within those zones.

SECTIONi____.iiSection 37.110, Education Code, as added by this Act, applies beginning with the public school district's 2009-2010 school year.

SECTIONi____.iiSection 51.973, Education Code, as added by this Act, applies beginning with the 2009 fall semester.

SECTIONi____.iiSubsection (e), Section 15.031, Subsection (b), Section 22.015, and Subsection (a), Section 71.02, Penal Code, as amended by this Act, and Section 71.028, Penal Code, as added 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 occurred before that date.

SECTIONi____.iiSubchapter D, Chapter 125, Civil Practice and Remedies Code, is amended by adding Section 125.070 to read as follows:

Sec.i125.070.iiCIVIL ACTION FOR VIOLATION OF INJUNCTION. (a) In this section, "governmental entity" means a political subdivision of this state, including any city, county, school district, junior college district, levee improvement district, drainage district, irrigation district, water improvement district, water control and improvement district, water control and preservation district, freshwater supply district, navigation district, conservation and reclamation district, soil conservation district, communication district, public health district, and river authority.

(b)iiA criminal street gang or a member of a criminal street gang is liable to the state or a governmental entity injured by the violation of a temporary or permanent injunctive order under this subchapter.

(c)iiIn an action brought against a member of a criminal street gang, the plaintiff must show that the member violated the temporary or permanent injunctive order.

(d)iiA district, county, or city attorney or the attorney general may sue for money damages on behalf of the state or a governmental entity. If the state or a governmental entity prevails in a suit under this section, the state or governmental entity may recover:

(1)iiactual damages;

(2)iia civil penalty in an amount not to exceed $20,000 for each violation; and

(3)iicourt costs and attorney's fees.

(e)iiThe property of the criminal street gang or a member of the street gang may be seized in execution on a judgment under this section.

(f)iiThe attorney general shall deposit money received under this section for damages or as a civil penalty in the neighborhood and community recovery fund held by the attorney general outside the state treasury. Money in the fund is held by the attorney general in trust for the benefit of the community or neighborhood harmed by the violation of a temporary or permanent injunctive order. Money in the fund may be

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(g)iiA district, county, or city attorney who brings suit on behalf of a governmental entity shall deposit money received for damages or as a civil penalty in an account to be held in trust for the benefit of the community or neighborhood harmed by the violation of a temporary or permanent injunctive order. Money in the account may be used only for the benefit of the community or neighborhood harmed by the violation of the injunctive order. Interest earned on money in the account shall be credited to the account. The district, county, or city attorney shall account for money in the account so that money held for the benefit of a community or neighborhood, and interest earned on that money, are not commingled with money in the account held for the benefit of a different community or neighborhood.

(h)iiAn action under this section brought by the state or a governmental entity does not waive sovereign or governmental immunity for any purpose.

SECTIONi____.iiSubdivision (2), Article 59.01, Code of Criminal Procedure, as amended by Chapters 127 (S.B. 1694), 822 (H.B. 73), and 885 (H.B. 2278), Acts of the 80th Legislature, Regular Session, 2007, is reenacted and amended to read as follows:

(2)ii"Contraband" means property of any nature, including real, personal, tangible, or intangible, that is:

(A)iiused in the commission of:

(i)iiany first or second degree felony under the Penal Code;

(ii)iiany felony under Section 15.031(b), 20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30, 31, 32, 33, 33A, or 35, Penal Code;

(iii)iiany felony under The Securities Act (Article 581-1 et seq., Vernon's Texas Civil Statutes); or

(iv)iiany offense under Chapter 49, Penal Code, that is punishable as a felony of the third degree or state jail felony, if the defendant has been previously convicted three times of an offense under that chapter;

(B)iiused or intended to be used in the commission of:

(i)iiany felony under Chapter 481, Health and Safety Code (Texas Controlled Substances Act);

(ii)iiany felony under Chapter 483, Health and Safety Code;

(iii)iia felony under Chapter 153, Finance Code;

(iv)iiany felony under Chapter 34, Penal Code;

(v)iia Class A misdemeanor under Subchapter B, Chapter 365, Health and Safety Code, if the defendant has been previously convicted twice of an offense under that subchapter;

(vi)iiany felony under Chapter 152, Finance Code;

(vii)iiany felony under Chapter 32, Human Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that involves the state Medicaid program;

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(viii)iia Class B misdemeanor under Chapter 522, Business & Commerce Code; [or]

(ix)iia Class A misdemeanor under Section 35.153, Business & Commerce Code;

(x)iiany offense under Chapter 71, Penal Code; or

(xi)iiany offense under Section 46.06(a)(1) or 46.14, Penal Code;

(C)iithe proceeds gained from the commission of a felony listed in Paragraph (A) or (B) of this subdivision, a misdemeanor listed in Paragraph (B)(viii), (x), or (xi) of this subdivision, or a crime of violence;

(D)iiacquired with proceeds gained from the commission of a felony listed in Paragraph (A) or (B) of this subdivision, a misdemeanor listed in Paragraph (B)(viii), (x), or (xi) of this subdivision, or a crime of violence; or

(E)iiused to facilitate or intended to be used to facilitate the commission of a felony under Section 15.031 or 43.25, Penal Code.

SECTIONi____.iiChapter 59, Code of Criminal Procedure, is amended by adding Article 59.011 to read as follows:

Art.i59.011.iiELECTION OF FORFEITURE PROCEEDING. If property described by Article 59.01(2)(B)(x) or (xi) is subject to forfeiture under this chapter and Article 18.18, the attorney representing the state may proceed under either this chapter or that article.

SECTIONi____.iiSection 125.070, Civil Practice and Remedies Code, as added by this Act, applies only to a cause of action that accrues on or after the effective date of this Act. A cause of action that accrued before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTIONi____.iiSubdivision (2), Article 59.01, Code of Criminal Procedure, as amended by this Act, and Article 59.011, Code of Criminal Procedure, as added by this Act, apply only to the forfeiture of property used in the commission of an offense committed on or after the effective date of this Act. Forfeiture of property used in the commission of an offense committed before the effective date of this Act is governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTIONi____.iiArticle 42.01, Code of Criminal Procedure, is amended by adding Section 9 to read as follows:

Sec.i9.iiIn addition to the information described by Section 1, the judgment should reflect affirmative findings entered pursuant to Article 42.0197.

SECTIONi____.iiChapter 42, Code of Criminal Procedure, is amended by adding Article 42.0197 to read as follows:

Art.i42.0197.iiFINDING REGARDING GANG-RELATED CONDUCT. In the trial of an offense, on the motion of the attorney representing the state the judge shall make an affirmative finding of fact and enter the affirmative finding in the judgment in the case if the judge determines that the applicable conduct was engaged in as part of the activities of a criminal street gang as defined by Section 71.01, Penal Code.

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SECTIONi____.iiSubsection (a), Section 11, Article 42.12, Code of Criminal Procedure, is amended to read as follows:

(a)iiThe judge of the court having jurisdiction of the case shall determine the conditions of community supervision and may, at any time[,] during the period of community supervision, alter or modify the conditions. The judge may impose any reasonable condition that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the defendant. Conditions of community supervision may include, but shall not be limited to, the conditions that the defendant shall:

(1)iiCommit no offense against the laws of this State or of any other State or of the United States;

(2)iiAvoid injurious or vicious habits;

(3)iiAvoid persons or places of disreputable or harmful character, including any person, other than a family member of the defendant, who is an active member of a criminal street gang;

(4)iiReport to the supervision officer as directed by the judge or supervision officer and obey all rules and regulations of the community supervision and corrections department;

(5)iiPermit the supervision officer to visit the defendant at the defendant's home or elsewhere;

(6)iiWork faithfully at suitable employment as far as possible;

(7)iiRemain within a specified place;

(8)iiPay the defendant's fine, if one is [be] assessed, and all court costs whether a fine is [be] assessed or not, in one or several sums;

(9)iiSupport the defendant's dependents;

(10)iiParticipate, for a time specified by the judge, in any community-based program, including a community-service work program under Section 16 of this article;

(11)iiReimburse the county in which the prosecution was instituted for compensation paid to appointed counsel for defending the defendant in the case, if counsel was appointed, or if the defendant was represented by a county-paid public defender, in an amount that would have been paid to an appointed attorney had the county not had a public defender;

(12)iiRemain under custodial supervision in a community corrections facility, obey all rules and regulations of the [such] facility, and pay a percentage of the defendant's income to the facility for room and board;

(13)iiPay a percentage of the defendant's income to the defendant's dependents for their support while under custodial supervision in a community corrections facility;

(14)iiSubmit to testing for alcohol or controlled substances;

(15)iiAttend counseling sessions for substance abusers or participate in substance abuse treatment services in a program or facility approved or licensed by the Texas Commission on Alcohol and Drug Abuse;

(16)iiWith the consent of the victim of a misdemeanor offense or of any offense under Title 7, Penal Code, participate in victim-defendant mediation;

(17)iiSubmit to electronic monitoring;

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(18)iiReimburse the compensation to victims of crime fund for any amounts paid from that fund to or on behalf of a victim, as defined by Article 56.32, of the defendant's offense or if no reimbursement is required, make one payment to the compensation to victims of crime fund in an amount not to exceed $50 if the offense is a misdemeanor or not to exceed $100 if the offense is a felony;

(19)iiReimburse a law enforcement agency for the analysis, storage, or disposal of raw materials, controlled substances, chemical precursors, drug paraphernalia, or other materials seized in connection with the offense;

(20)iiPay all or part of the reasonable and necessary costs incurred by the victim for psychological counseling made necessary by the offense or for counseling and education relating to acquired immune deficiency syndrome or human immunodeficiency virus made necessary by the offense;

(21)iiMake one payment in an amount not to exceed $50 to a crime stoppers organization as defined by Section 414.001, Government Code, and as certified by the Crime Stoppers Advisory Council;

(22)iiSubmit a DNA sample to the Department of Public Safety under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the defendant;

(23)iiIn any manner required by the judge, provide public notice of the offense for which the defendant was placed on community supervision in the county in which the offense was committed; and

(24)iiReimburse the county in which the prosecution was instituted for compensation paid to any interpreter in the case.

SECTIONi____.iiArticle 42.12, Code of Criminal Procedure, is amended by adding Section 13E to read as follows:

Sec.i13E.iiELECTRONIC MONITORING OF CERTAIN MEMBERS OF CRIMINAL STREET GANG WHO ARE PLACED ON COMMUNITY SUPERVISION. (a) This section applies only to a defendant who:

(1)iiis identified as a member of a criminal street gang in an intelligence database established under Chapter 61; and

(2)iihas two or more times been previously convicted of, or received a grant of deferred adjudication community supervision or another functionally equivalent form of community supervision or probation for, a felony offense under the laws of this state, another state, or the United States.

(b)iiA court granting community supervision to a defendant described by Subsection (a) may, on the defendant's conviction of a felony offense, require as a condition of community supervision that the defendant submit to tracking under an electronic monitoring service or other appropriate technological service designed to track a person's location.

SECTIONi____.iiChapter 54, Family Code, is amended by adding Section 54.0491 to read as follows:

Sec.i54.0491.iiGANG-RELATED CONDUCT. (a) In this section:

(1)ii"Criminal street gang" has the meaning assigned by Section 71.01, Penal Code.

3554 81st Legislature — Regular Session 68th Day

(2)ii"Gang-related conduct" means conduct that violates a penal law of the grade of Class B misdemeanor or higher and in which a child engages with the intent to:

(A)iifurther the criminal activities of a criminal street gang of which the child is a member;

(B)iigain membership in a criminal street gang; or

(C)iiavoid detection as a member of a criminal street gang.

(b)iiA juvenile court, in a disposition hearing under Section 54.04 regarding a child who has been adjudicated to have engaged in delinquent conduct that is also gang-related conduct, shall order the child to participate in a criminal street gang intervention program that is appropriate for the child based on the child's level of involvement in the criminal activities of a criminal street gang. The intervention program:

(1)iimust include at least 12 hours of instruction; and

(2)iimay include voluntary tattoo removal.

(c)iiIf a child required to attend a criminal street gang intervention program is committed to the Texas Youth Commission as a result of the gang-related conduct, the child must complete the intervention program before being discharged from the custody of or released under supervision by the commission.

SECTIONi____.iiSubchapter G, Chapter 508, Government Code, is amended by adding Section 508.227 to read as follows:

Sec.i508.227.iiELECTRONIC MONITORING OF CERTAIN MEMBERS OF CRIMINAL STREET GANG. (a) This section applies only to a releasee who:

(1)iiis identified as a member of a criminal street gang in an intelligence database established under Chapter 61, Code of Criminal Procedure; and

(2)iihas three or more times been convicted of, or received a grant of deferred adjudication community supervision or another functionally equivalent form of community supervision or probation for, a felony offense under the laws of this state, another state, or the United States.

(b)iiA parole panel may require as a condition of release on parole or to mandatory supervision that a releasee described by Subsection (a) submit to tracking under an electronic monitoring service or other appropriate technological service designed to track a person's location.

SECTIONi____.iiSection 3.03, Penal Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:

(b)iiIf the accused is found guilty of more than one offense arising out of the same criminal episode, the sentences may run concurrently or consecutively if each sentence is for a conviction of:

(1)iian offense:

(A)iiunder Section 49.07 or 49.08, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or

(B)iifor which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of both sections;

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(2)iian offense:

(A)iiunder Section 33.021 or an offense under Section 21.02, 21.11, 22.011, 22.021, 25.02, or 43.25 committed against a victim younger than 17 years of age at the time of the commission of the offense regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of more than one section; or

(B)iifor which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A) committed against a victim younger than 17 years of age at the time of the commission of the offense regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of more than one section; [or]

(3)iian offense:

(A)iiunder Section 21.15 or 43.26, regardless of whether the accused is convicted of violations of the same section more than once or is convicted of violations of both sections; or

(B)iifor which a plea agreement was reached in a case in which the accused was charged with more than one offense listed in Paragraph (A), regardless of whether the accused is charged with violations of the same section more than once or is charged with violations of both sections; or

(4)iian offense for which the judgment in the case contains an affirmative finding under Article 42.0197, Code of Criminal Procedure.

(b-1)iiSubsection (b)(4) does not apply to a defendant whose case was transferred to the court under Section 54.02, Family Code.

SECTIONi____.iiSection 9, Article 42.01, Code of Criminal Procedure, and Article 42.0197, Code of Criminal Procedure, as added by this Act, apply only to a judgment of conviction entered on or after the effective date of this Act.

SECTIONi____.iiSubsection (a), Section 11, Article 42.12, Code of Criminal Procedure, as amended by this Act, and Section 13E, Article 42.12, Code of Criminal Procedure, as added by this Act, apply only to a person who is placed on community supervision for an offense committed on or after the effective date of this Act. A person who is placed on community supervision for an offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTIONi____.iiSection 54.0491, Family Code, as added by this Act, applies only to conduct that violates a penal law of this state and that occurs on or after the effective date of this Act. Conduct that violates a penal law of this state and that occurs before the effective date of this Act is covered by the law in effect at the time the conduct occurred, and the former law is continued in effect for that purpose. For purposes of this section, conduct occurs before the effective date of this Act if each element of the violation occurred before that date.

SECTIONi____.iiSection 508.227, Government Code, as added by this Act, applies only to a person released on parole or to mandatory supervision for an offense committed on or after the effective date of this Act. A person released on parole or to mandatory supervision for an offense committed before the effective date of this Act

3556 81st Legislature — Regular Session 68th Day

SECTIONi____.iiSubsection (b), Section 3.03, Penal Code, as amended by this Act, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTIONi____.iiSubchapter C, Chapter 101, Civil Practice and Remedies Code, is amended by adding Section 101.067 to read as follows:

Sec.i101.067.iiGRAFFITI REMOVAL. This chapter does not apply to a claim for property damage caused by the removal of graffiti under Section 250.006, Local Government Code.

SECTIONi____.iiSubsections (a) and (c), Article 102.0171, Code of Criminal Procedure, are amended to read as follows:

(a)iiA defendant convicted of an offense under Section 28.08, Penal Code, in a county court, county court at law, or district court shall pay a [$50] juvenile delinquency prevention and graffiti eradication fee as a cost of court. The amount of the fee under this section must be not less than $50 or more than $500. In setting the amount of the fee, the court shall increase the fee based on the amount of pecuniary loss in the case and the number of times the defendant has been previously convicted of an offense under Section 28.08, Penal Code.

(c)iiThe clerks of the respective courts shall collect the costs and pay them to the county treasurer or to any other official who discharges the duties commonly delegated to the county treasurer for deposit in a fund to be known as the county juvenile delinquency prevention fund. A fund designated by this subsection may be used only to:

(1)iirepair damage caused by the commission of offenses under Section 28.08, Penal Code;

(2)iiprovide educational and intervention programs and materials, including printed educational materials for distribution to primary and secondary school students, designed to prevent individuals from committing offenses under Section 28.08, Penal Code;

(3)iiprovide to the public rewards for identifying and aiding in the apprehension and prosecution of offenders who commit offenses under Section 28.08, Penal Code;

(4)iiprovide funding for teen recognition and teen recreation programs;

(5)iiprovide funding for local teen court programs;

(6)iiprovide funding for the local juvenile probation department; [and]

(7)iiprovide educational and intervention programs designed to prevent juveniles from engaging in delinquent conduct; and

(8)iiprovide funding for community art programs.

SECTIONi____.iiSubsection (a), Section 54.0461, Family Code, is amended to read as follows:

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(a)iiIf a child is adjudicated as having engaged in delinquent conduct that violates Section 28.08, Penal Code, the juvenile court shall order the child, parent, or other person responsible for the child's support to pay to the court a [$50] juvenile delinquency prevention fee as a cost of court. The amount of the fee under this section must be not less than $50 or more than $500. In setting the amount of the fee, the court shall increase the fee based on the amount of pecuniary loss resulting from the conduct and the number of times the child has been previously adjudicated as having engaged in delinquent conduct violating Section 28.08, Penal Code.

SECTIONi____.iiSection 102.041, Government Code, as amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, is amended to read as follows:

Sec.i102.041.iiADDITIONAL COURT COSTS ON CONVICTION IN DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a district court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows:

(1)iia jury fee (Art. 102.004, Code of Criminal Procedure) .i.i. $20;

(2)iia fee for clerk of the court services (Art. 102.005, Code of Criminal Procedure) .i.i. $40;

(3)iia records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) .i.i. $25;

(4)iia security fee on a felony offense (Art. 102.017, Code of Criminal Procedure) .i.i. $5;

(5)iia security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) .i.i. $3; and

(6)iia juvenile delinquency prevention and graffiti eradication fee (Art. 102.0171, Code of Criminal Procedure) .i.i. not less than $50 or more than $500 [$5].

SECTIONi____.iiSection 102.061, Government Code, as amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, is amended to read as follows:

Sec.i102.061.iiADDITIONAL COURT COSTS ON CONVICTION IN STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a statutory county court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows:

(1)iia jury fee (Art. 102.004, Code of Criminal Procedure) .i.i. $20;

(2)iia fee for services of the clerk of the court (Art. 102.005, Code of Criminal Procedure) .i.i. $40;

(3)iia records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) .i.i. $25;

(4)iia security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) .i.i. $3;

(5)iia juvenile delinquency prevention and graffiti eradication fee (Art. 102.0171, Code of Criminal Procedure) .i.i. not less than $50 or more than $500 [$5]; and

(6)iia juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) .i.i. not to exceed $5.

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SECTIONi____.iiSection 102.081, Government Code, as amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular Session, 2007, is amended to read as follows:

Sec.i102.081.iiADDITIONAL COURT COSTS ON CONVICTION IN COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county court shall collect fees and costs under the Code of Criminal Procedure on conviction of a defendant as follows:

(1)iia jury fee (Art. 102.004, Code of Criminal Procedure) .i.i. $20;

(2)iia fee for clerk of the court services (Art. 102.005, Code of Criminal Procedure) .i.i. $40;

(3)iia records management and preservation services fee (Art. 102.005, Code of Criminal Procedure) .i.i. $25;

(4)iia security fee on a misdemeanor offense (Art. 102.017, Code of Criminal Procedure) .i.i. $3;

(5)iia juvenile delinquency prevention and graffiti eradication fee (Art. 102.0171, Code of Criminal Procedure) .i.i. not less than $50 or more than $500 [$5]; and

(6)iia juvenile case manager fee (Art. 102.0174, Code of Criminal Procedure) .i.i. not to exceed $5.

SECTIONi____.iiSection 103.0212, Government Code, is amended to read as follows:

Sec.i103.0212.iiADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a civil suit, as applicable, shall pay the following fees and costs under the Family Code if ordered by the court or otherwise required:

(1)iiin family matters:

(A)iiissuing writ of withholding (Sec. 8.262, Family Code) .i.i. $15;

(B)iifiling copy of writ of withholding to subsequent employer (Sec. 8.267, Family Code) .i.i. $15;

(C)iiissuing and delivering modified writ of withholding or notice of termination (Sec. 8.302, Family Code) .i.i. $15;

(D)iiissuing and delivering notice of termination of withholding (Sec. 8.303, Family Code) .i.i. $15;

(E)iiissuance of change of name certificate (Sec. 45.106, Family Code) .i.i. $10;

(F)iiprotective order fee (Sec. 81.003, Family Code) .i.i. $16;

(G)iifiling suit requesting adoption of child (Sec. 108.006, Family Code) .i.i. $15;

(H)iifiling fees for suits affecting parent-child relationship (Sec. 110.002, Family Code):

(i)iisuit or motion for modification (Sec. 110.002, Family Code) .i.i. $15;

(ii)iimotion for enforcement (Sec. 110.002, Family Code) .i.i. $15;

(iii)iinotice of application for judicial writ of withholding (Sec. 110.002, Family Code) .i.i. $15;

(iv)iimotion to transfer (Sec. 110.002, Family Code) .i.i. $15;

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(v)iipetition for license suspension (Sec. 110.002, Family Code) .i.i. $15;

(vi)iimotion to revoke a stay of license suspension (Sec. 110.002, Family Code) .i.i. $15; and

(vii)iimotion for contempt (Sec. 110.002, Family Code) .i.i. $15;

(I)iiorder or writ of income withholding to be delivered to employer (Sec. 110.004, Family Code) .i.i. not to exceed $15;

(J)iifiling fee for transferred case (Sec. 110.005, Family Code) .i.i. $45;

(K)iifiling a writ of withholding (Sec. 158.319, Family Code) .i.i. $15;

(L)iifiling a request for modified writ of withholding or notice of termination (Sec. 158.403, Family Code) .i.i. not to exceed $15;

(M)iifiling an administrative writ to employer (Sec. 158.503, Family Code) .i.i. not to exceed $15; and

(N)iigenetic testing fees in relation to a child born to a gestational mother (Sec. 160.762, Family Code) .i.i. as assessed by the court; and

(2)iiin juvenile court:

(A)iifee schedule for deferred prosecution services (Sec. 53.03, Family Code) .i.i. maximum fee of $15 a month;

(B)iia request fee for a teen court program [administration fee] (Sec. 54.032, Family Code) .i.i. $20, if the court ordering the fee is located in the Texas-Louisiana border region, but otherwise not to exceed $10;

(C)iicourt costs for juvenile probation diversion fund (Sec. 54.0411, Family Code) .i.i. $20;

(D)iia juvenile delinquency prevention fee (Sec. 54.0461, Family Code) .i.i. not less than $50 or more than $500 [$5]; [and]

(E)iia court fee for child's probationary period (Sec. 54.061, Family Code) .i.i. not to exceed $15 a month; and

(F)iia fee to cover costs of required duties of teen court (Sec. 54.032, Family Code) .i.i. $20, if the court ordering the fee is located in the Texas-Louisiana border region, but otherwise not to exceed $10.

SECTIONi____.iiSubsection (a), Section 485.018, Health and Safety Code, is amended to read as follows:

(a)iiA political subdivision or an agency of this state may not enact an ordinance or rule that requires a business establishment to display an abusable volatile chemical, other than aerosol paint, in a manner that makes the chemical accessible to patrons of the business only with the assistance of personnel of the business.

SECTIONi____.iiChapter 250, Local Government Code, is amended by adding Section 250.006 to read as follows:

Sec.i250.006.iiGRAFFITI REMOVAL. (a) Except as provided by Subsection (h), a county by order or a municipality by ordinance may require the owner of property within the jurisdiction of the county or municipality to remove graffiti from the owner's property on receipt of notice from the county or municipality.

(b)iiThe order or ordinance must provide that a county or municipality may not give notice to a property owner under Subsection (a) unless:

(1)iithe county or municipality has offered to remove the graffiti from the owner's property free of charge; and

3560 81st Legislature — Regular Session 68th Day

(2)iithe property owner has refused the offer.

(c)iiThe order or ordinance must require a property owner to remove the graffiti on or before the 15th day after the date the property owner receives notice under Subsection (a). If the property owner fails to remove the graffiti on or before the 15th day after the date of receipt of the notice, the county or municipality may remove the graffiti and charge the expenses of removal to the property owner in accordance with a fee schedule adopted by the county or municipality.

(d)iiThe notice required by Subsection (a) must be given:

(1)iipersonally to the owner in writing;

(2)iiby letter sent by certified mail, addressed to the property owner at the property owner's address as contained in the records of the appraisal district in which the property is located; or

(3)iiif service cannot be obtained under Subdivision (1) or (2):

(A)iiby publication at least once in a newspaper of general circulation in the county or municipality;

(B)iiby posting the notice on or near the front door of each building on the property to which the notice relates; or

(C)iiby posting the notice on a placard attached to a stake driven into the ground on the property to which the notice relates.

(e)iiThe county or municipality may assess expenses incurred under Subsection (c) against the property on which the work is performed to remove the graffiti.

(f)iiTo obtain a lien against the property for expenses incurred under Subsection (c), the governing body of the county or municipality must file a statement of expenses with the county clerk. The statement of expenses must contain:

(1)iithe name of the property owner, if known;

(2)iithe legal description of the property; and

(3)iithe amount of expenses incurred under Subsection (c).

(g)iiA lien described by Subsection (f) attaches to the property on the date on which the statement of expenses is filed in the real property records of the county in which the property is located and is subordinate to:

(1)iiany previously recorded lien; and

(2)iithe rights of a purchaser or lender for value who acquires an interest in the property subject to the lien before the statement of expenses is filed as described by Subsection (f).

(h)iiAn order or ordinance described by this section must include an exception from the requirement that an owner of property remove graffiti from the owner's property if:

(1)iithe graffiti is located on transportation infrastructure; and

(2)iithe removal of the graffiti would create a hazard for the person performing the removal.

SECTIONi____.iiChapter 30, Penal Code, is amended by adding Section 30.021 to read as follows:

Sec.i30.021.iiBURGLARY OF BUILDING TO CREATE GRAFFITI. (a) A person commits an offense if, without the effective consent of the owner, the person:

(1)iienters a building, or any portion of a building, not then open to the public, with the intent to commit an offense under Section 28.08;

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(2)iiremains concealed, with the intent to commit an offense under Section 28.08, in a building; or

(3)iienters a building and commits or attempts to commit an offense under Section 28.08.

(b)iiFor purposes of this section, "enter" has the meaning assigned by Section 30.02.

(c)iiAn offense under this section is a state jail felony.

SECTIONi____.iiSection 101.067, Civil Practice and Remedies Code, as added by this Act, applies only to a cause of action that accrues on or after the effective date of this Act. A cause of action that accrued before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTIONi____.iiSubsections (a) and (c), Article 102.0171, Code of Criminal Procedure, and Sections 102.041, 102.061, and 102.081, Government Code, as amended 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 occurred before that date.

SECTIONi____.iiSubsection (a), Section 54.0461, Family Code, and Section 103.0212, Government Code, as amended by this Act, apply only to conduct that violates a penal law of this state and that occurs on or after the effective date of this Act. Conduct that violates a penal law of this state and that occurs before the effective date of this Act is covered by the law in effect at the time the conduct occurred, and the former law is continued in effect for that purpose. For purposes of this section, conduct occurs before the effective date of this Act if each element of the violation occurred before that date.

SECTIONi____.iiSection 37.10, Penal Code, is amended by adding Subsection (j) to read as follows:

(j)iiIt is not a defense to prosecution under Subsection (a)(2) that the record, document, or thing made, presented, or used displays or contains the statement "NOT A GOVERNMENT DOCUMENT" or another substantially similar statement intended to alert a person to the falsity of the record, document, or thing, unless the record, document, or thing displays the statement diagonally printed clearly and indelibly on both the front and back of the record, document, or thing in solid red capital letters at least one-fourth inch in height.

SECTIONi____.iiSection 521.454, Transportation Code, is amended by adding Subsection (d) to read as follows:

(d)iiIf conduct constituting an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.

SECTIONi____.iiSection 521.455, Transportation Code, is amended by adding Subsection (c) to read as follows:

(c)iiIf conduct constituting an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.

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SECTIONi____.iiSection 521.456, Transportation Code, is amended by adding Subsection (e) to read as follows:

(e)iiIf conduct constituting an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.

SECTIONi____.iiSubsection (j), Section 37.10, Penal Code, and Subsection (d), Section 521.454, Subsection (c), Section 521.455, and Subsection (e), Section 521.456, Transportation Code, as added 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 occurred before that date.

SECTIONi____.iiChapter 46, Penal Code, is amended by adding Section 46.14 to read as follows:

Sec.i46.14.iiFIREARM SMUGGLING. (a) A person commits an offense if the person knowingly engages in the business of transporting or transferring a firearm that the person knows was acquired in violation of the laws of any state or of the United States. For purposes of this subsection, a person is considered to engage in the business of transporting or transferring a firearm if the person engages in that conduct:

(1)iion more than one occasion; or

(2)iifor profit or any other form of remuneration.

(b)iiAn offense under this section is a felony of the third degree, unless it is shown on the trial of the offense that the offense was committed with respect to three or more firearms in a single criminal episode, in which event the offense is a felony of the second degree.

(c)iiThis section does not apply to a peace officer who is engaged in the actual discharge of an official duty.

(d)iiIf conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.

SECTIONi____.iiArticle 61.02, Code of Criminal Procedure, is amended by amending Subsection (c) and adding Subsections (d) and (e) to read as follows:

(c)iiCriminal information collected under this chapter relating to a criminal street gang must:

(1)iibe relevant to the identification of an organization that is reasonably suspected of involvement in criminal activity; and

(2)iiconsist of:

(A)iia judgment under any law that includes, as a finding or as an element of a criminal offense, participation in a criminal street gang;

(B)iia self-admission by the individual of criminal street gang membership that is made during a judicial proceeding; or

(C)iiexcept as provided by Subsection (d), any two of the following:

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(i)iia self-admission by the individual of criminal street gang membership that is not made during a judicial proceeding, including the use of the Internet or other electronic format or medium to post photographs or other documentation identifying the individual as a member of a criminal street gang;

(ii)iian identification of the individual as a criminal street gang member by a reliable informant or other individual;

(iii)iia corroborated identification of the individual as a criminal street gang member by an informant or other individual of unknown reliability;

(iv)iievidence that the individual frequents a documented area of a criminal street gang and associates with known criminal street gang members;

(v)iievidence that the individual uses, in more than an incidental manner, criminal street gang dress, hand signals, tattoos, or symbols, including expressions of letters, numbers, words, or marks, regardless of how or the means by [the format or medium in] which the symbols are displayed, that are associated with a criminal street gang that operates in an area frequented by the individual and described by Subparagraph (iv); [or]

(vi)iievidence that the individual has been arrested or taken into custody with known criminal street gang members for an offense or conduct consistent with criminal street gang activity;

(vii)iievidence that the individual has visited a known criminal street gang member, other than a family member of the individual, while the gang member is confined in or committed to a penal institution; or

(viii)iievidence of the individual's use of technology, including the Internet, to recruit new criminal street gang members.

(d)iiEvidence described by Subsections (c)(2)(C)(iv) and (vii) is not sufficient to create the eligibility of a person's information to be included in an intelligence database described by this chapter unless the evidence is combined with information described by another subparagraph of Subsection (c)(2)(C).

(e)iiIn this article:

(1)ii"Family member" means a person related to another person within the third degree by consanguinity or affinity, as described by Subchapter B, Chapter 573, Government Code, except that the term does not include a person who is considered to be related to another person by affinity only as described by Section 573.024(b), Government Code.

(2)ii"Penal institution" means a confinement facility operated by or under a contract with any division of the Texas Department of Criminal Justice, a confinement facility operated by or under contract with the Texas Youth Commission, or a juvenile secure pre-adjudication or post-adjudication facility operated by or under a local juvenile probation department, or a county jail.

SECTIONi____.iiSubsection (b), Article 61.06, Code of Criminal Procedure, is amended to read as follows:

(b)iiSubject to Subsection (c), information collected under this chapter relating to a criminal street gang must be removed from an intelligence database established under Article 61.02 and the intelligence database maintained by the department under Article 61.03 after five [three] years if:

3564 81st Legislature — Regular Session 68th Day

(1)iithe information relates to the investigation or prosecution of criminal activity engaged in by an individual other than a child; and

(2)iithe individual who is the subject of the information has not been arrested for criminal activity reported to the department under Chapter 60.

SECTIONi____.iiSubsection (c), Article 61.06, Code of Criminal Procedure, as amended by Chapters 258 (S.B. 11), 263 (S.B. 103), and 1308 (S.B. 909), Acts of the 80th Legislature, Regular Session, 2007, is reenacted and amended to read as follows:

(c)iiIn determining whether information is required to be removed from an intelligence database under Subsection (b), the five-year [three-year] period does not include any period during which the individual who is the subject of the information is:

(1)iiconfined in a correctional facility operated by or under contract with 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)iiconfined in a county jail or confined in or committed to a facility operated by a juvenile board in lieu of being confined in a correctional facility operated by or under contract with the Texas Department of Criminal Justice or being committed to a secure correctional facility operated by or under contract with the Texas Youth Commission.

SECTIONi____.iiArticle 61.06, Code of Criminal Procedure, as amended by this Act, applies to any applicable information maintained in an intelligence database under Chapter 61 of that code on or after the effective date of this Act.

SECTIONi____.iiSubsection (a), Section 521.343, Transportation Code, is amended to read as follows:

(a)iiExcept as provided by Sections 521.342(b), 521.344(a), (b), (d), (e), (f), (g), (h), and (i), 521.345, 521.346, 521.3465, [and] 521.351, and 521.352, a suspension under this subchapter is for one year.

SECTIONi____.iiSubchapter O, Chapter 521, Transportation Code, is amended by adding Section 521.352 to read as follows:

Sec.i521.352.iiSUSPENSION OR PROHIBITION FOR CERTAIN ORGANIZED CRIME OFFENSES. (a) A person's license is automatically suspended on conviction of the person for an offense under Chapter 71, Penal Code.

(b)iiThe department may not issue a driver's license to a person convicted of an offense specified in Subsection (a) who, on the date of the conviction, did not hold a license.

(c)iiThe period of license suspension or prohibition under this section begins on a date set by the court that is not earlier than the date of conviction or later than the 30th day after the date of conviction. The period of license suspension or prohibition under this section expires on the first anniversary of the date the suspension or prohibition began.

SECTIONi____.iiSection 521.457, Transportation Code, is amended by amending Subsection (e) and adding Subsection (f-2) to read as follows:

(e)iiExcept as provided by Subsections (f), [and] (f-1), and (f-2), an offense under this section is a Class C misdemeanor.

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(f-2)iiIf it is shown on the trial of an offense under this section that the person operated a motor vehicle on a highway during a period that the person's driver's license was suspended under Section 521.352 or the person was prohibited from obtaining a driver's license under that section, the offense is a Class A misdemeanor.

SECTIONi____.ii(a) The change in law made by this Act to Section 521.352, Transportation Code, as added by this Act, and Section 521.457, Transportation Code, as amended by this Act, applies only to an offense committed on or after the effective date of this Act.

(b)iiAn 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 subsection, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.

SECTIONi____.iiArticle 18.20, Code of Criminal Procedure, is amended by adding Section 9A to read as follows:

Sec.i9A.iiINTERCEPTION ORDER FOR COMMUNICATION BY SPECIFIED PERSON. (a) The requirements of Sections 8(a)(2)(B) and 9(b)(2) relating to the specification of the facilities from which or the place where a communication is to be intercepted do not apply if:

(1)iiin the case of an application for an order authorizing the interception of an oral communication:

(A)iithe application contains a full and complete statement as to why the specification is not practical and identifies the person committing or believed to be committing the offense and whose communications are to be intercepted; and

(B)iia judge of competent jurisdiction finds that the specification is not practical; and

(2)iiin the case of an application for an order authorizing the interception of a wire or electronic communication:

(A)iithe application identifies the person committing or believed to be committing the offense and whose communications are to be intercepted;

(B)iia judge of competent jurisdiction finds that the applicant has made an adequate showing of probable cause to believe that the actions of the person identified in the application could have the effect of thwarting interception from a specified facility; and

(C)iithe authority to intercept a wire or electronic communication under the order is limited to a period in which it is reasonable to presume that the person identified in the application will be reasonably proximate to the interception device.

(b)iiA person implementing an order authorizing the interception of an oral communication that, in accordance with this section, does not specify the facility from which or the place where a communication is to be intercepted may begin interception only after the person ascertains the place where the communication is to be intercepted.

(c)iiA provider of wire or electronic communications that receives an order authorizing the interception of a wire or electronic communication that, in accordance with this section, does not specify the facility from which or the place where a communication is to be intercepted may move the court to modify or quash the order

3566 81st Legislature — Regular Session 68th Day

SECTIONi____.iiSubchapter A, Chapter 411, Government Code, is amended by adding Section 411.0207 to read as follows:

Sec.i411.0207.iiPUBLIC CORRUPTION UNIT. (a) In this section, "organized criminal activity" means conduct that constitutes an offense under Section 71.02, Penal Code.

(b)iiA public corruption unit is created within the department to investigate and assist in the management of allegations of participation in organized criminal activity by:

(1)iian individual elected, appointed, or employed to serve as a peace officer for a governmental entity of this state under Article 2.12, Code of Criminal Procedure; or

(2)iia federal law enforcement officer while performing duties in this state.

(c)iiThe unit shall:

(1)iiassist district attorneys and county attorneys in the investigation and prosecution of allegations described by Subsection (b);

(2)iiif requested by the agency, assist a state or local law enforcement agency with the investigation of such allegations against law enforcement officers in the agency;

(3)iiassist the United States Department of Justice or any other appropriate federal department or agency in the investigation and prosecution of allegations described by Subsection (b);

(4)iiif requested by the agency, assist a federal law enforcement agency with the investigation of such allegations against law enforcement officers in the agency;

(5)iiserve as a clearinghouse for information relating to the investigation and prosecution of allegations described by Subsection (b); and

(6)iireport to the highest-ranking officer of the Texas Rangers division of the department.

(d)iiOn written approval of the director or of the chair of the commission, the highest-ranking officer of the Texas Rangers division of the department may initiate an investigation of an allegation of participation in organized criminal activity by a law enforcement officer described by Subsection (b)(1). Written approval under this subsection must be based on cause.

(e)iiTo the extent allowed by law, a state or local law enforcement agency shall cooperate with the public corruption unit by providing information requested by the unit as necessary to carry out the purposes of this section. Information described by this subsection is excepted from required disclosure under Chapter 552 in the manner provided by Section 552.108.

SECTIONi____.iiSection 421.082, Government Code, is amended by adding Subsections (e), (f), and (g) to read as follows:

(e)iiThe center shall annually submit to the governor and the legislature a report regarding criminal street gangs and gang-related crime. The report must include:

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(1)iian evaluation of the threat that criminal street gangs and gang-related crime pose to communities in this state that are at or near the international border between this state and the United Mexican States;

(2)iian evaluation of the threat that criminal street gangs and gang-related crime occurring at or near the border pose to other areas of this state;

(3)iiidentification of any law enforcement strategies in this state or another jurisdiction that have been effective in preventing the growth or proliferation of criminal street gangs or gang-related crime; and

(4)iirecommendations on actions that may be taken to:

(A)iiprevent criminal street gangs from committing human trafficking offenses;

(B)iireduce criminal street gang violence throughout this state, with specific recommendations concerning reduction of criminal street gang violence at or near the border;

(C)iiprevent the growth or proliferation of criminal street gangs throughout this state, with specific recommendations concerning prevention of the growth or proliferation of criminal street gangs at or near the border; and

(D)iiensure that law enforcement personnel receive the necessary training and education to effectively deal with the problems created by criminal street gangs and gang-related crime.

(f)iiOn request, a criminal justice or juvenile justice agency of this state shall provide to the center information relating to criminal street gangs and gang-related crime.

(g)iiThe report required under Subsection (e) may not contain any information that:

(1)iiis considered sensitive intelligence information by the agency that provided the information; or

(2)iicould jeopardize an ongoing investigation being conducted by the agency that provided the information.

SECTIONi____.iiChapter 772, Government Code, is amended by adding Section 772.007 to read as follows:

Sec.i772.007.iiTEXAS ANTI-GANG GRANT PROGRAM. (a) The criminal justice division established under Section 772.006 shall administer a competitive grant program to support regional, multidisciplinary approaches to combat gang violence through the coordination of gang prevention, intervention, and suppression activities.

(b)iiThe grant program administered under this section must be directed toward regions of this state that have demonstrably high levels of gang violence.

(c)iiThe criminal justice division shall award grants to qualified applicants, as determined by the division, that demonstrate a comprehensive approach that balances gang prevention, intervention, and suppression activities to reduce gang violence.

(d)iiThe criminal justice division shall include in the biennial report required by Section 772.006(a)(9) detailed reporting of the results and performance of the grant program administered under this section.

(e)iiThe criminal justice division may use any revenue available for purposes of this section.

3568 81st Legislature — Regular Session 68th Day

SECTIONi____.iiSection 9A, Article 18.20, Code of Criminal Procedure, as added by this Act, applies only to an application for an order authorizing the interception of a wire, oral, or electronic communication that is submitted on or after the effective date of this Act. An application that was submitted before the effective date of this Act is covered by the law in effect on the date the application was submitted, and the former law is continued in effect for that purpose.

SECTIONi____.iiNot later than December 1, 2010, the Department of Public Safety shall establish the public corruption unit under Section 411.0207, Government Code, as added by this Act.

SECTIONi____.iiThe Texas Fusion Center shall submit the first annual report regarding criminal street gangs and gang-related crime to the governor and the legislature as required by Subsection (e), Section 421.082, Government Code, as added by this Act, not later than September 1, 2010.

SECTIONi____.iiTo the extent of any conflict, this Act prevails over another Act of the 81st Legislature, Regular Session, 2009, relating to nonsubstantive additions to and corrections in enacted codes.

SECTIONi____.iiNotwithstanding any other provision of this Act, Sections 37.110 and 51.973, Education Code, and Section 42.064, Human Resources Code, as added by this Act, take effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, those sections of the Education Code and Human Resources Code take effect September 1, 2009.

The amendment to CSHB 2086 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 Carona, on behalf of Senator Williams, offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSHB 2086 by adding the following appropriately numbered SECTION and renumbering subsequent SECTIONS accordingly:

SECTIONi__.iiTitle 4, Civil Practices and Remedies Code, is amended by adding a new chapter 98A to read as follows:

SUBCHAPTERi98A.iCIVIL RACKETEERING.

Sec.i98A.001.iiCIVIL RACKETEERING. (1)iiA person commits racketeering if for financial gain, the person knowingly engages in an organized enterprise that commits, facilitates, or promotes:

(A)iiany gambling offense punishable at least as a Class A misdemeanor;

(B)iithe promotion of prostitution, as described by Section 43.03, Penal Code;

(C)iicompelling prostitution, as described by Section 43.05, Penal Code;

(D)iithe unlawful manufacture, transportation, repair, or sale of firearms or prohibited weapons;

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(E)iithe unlawful manufacture, delivery, dispensation, or distribution of a controlled substance or dangerous drug, or unlawful possession of a controlled substance or dangerous drug through forgery, fraud, misrepresentation, or deception;

(F)iiany offense under Subchapter B, Chapter 43, Penal Code, depicting or involving conduct by or directed toward a child younger than 18 years of age; or

(G)iitrafficking of persons, as described by Chapter 20A, Penal Code; and

(2)iithe event, omission, transaction, or occurrence, or the series of events, omissions, transactions, or occurrences, relating to the act that meets the requirements of Subdivision (1) takes place or occurs in more than one county in Texas.

Sec.i98A.002.iiSUIT TO ABATE RACKETEERING. (a)iiThe attorney general may bring suit in the name of the state against any person who engages in a pattern or practice of racketeering and may seek to recover civil remedies, costs of suit, including reasonable attorney's fees, and any appropriate injunctive relief, including the creation of a receivership, the enforcement of a constructive trust, prejudgment writs of attachment under Chapter 61 for the purpose of the freezing, preserving, and disgorging of assets, or other remedies or restraints the court considers proper.

(b)iiThis subchapter does not authorize suit by a person that sustains injury as a result of racketeering.

(c)iiNotwithstanding any other provision of this subchapter, the provisions of sections 59.13 and 59.14, Code of Criminal Procedure, shall apply to any remedy under this section, and in no event shall the remedies herein result in the impairment of a security interest in property subject to a bona fide lien.

Sec.i98A.003.iiREMEDIES NOT EXCLUSIVE. A proceeding under this subchapter may be in addition to or in the alternative of any other action, civil or criminal, available under the laws of this state.

Sec.i98A.004.iiEVIDENCE. (a)iiIn a proceeding under this subchapter, the state bears the burden of proof by a preponderance of the evidence.

(b)iiAn individual may not be held liable in damages or for other relief under this subchapter based on the conduct of another unless the finder of fact, by a preponderance of the evidence, finds that the individual authorized, requested, commanded, participated in, ratified, or recklessly tolerated the unlawful conduct of the other.

(d)iiA person may not be held liable in damages or for other relief under this subchapter based on the conduct of an agent unless the finder of fact, by a preponderance of the evidence, finds that a director or high managerial agent of the person performed, authorized, requested, commanded, participated in, ratified, or recklessly tolerated the unlawful conduct of the agent.

(e)iiA bank or savings and loan association insured by the Federal Deposit Insurance Corporation, a credit union insured by the National Credit Union Administration, or a holder of a money transmission license under Chapter 151, Finance Code, may not be held liable in damages or for other relief under this subchapter unless the finder of fact, by a preponderance of the evidence, finds that the board of directors performed, authorized, requested, commanded, participate in, ratified or recklessly tolerated the unlawful conduct.

The amendment to CSHB 2086 was read.

3570 81st Legislature — Regular Session 68th Day

POINT OF ORDER

Senator Shapleigh raised a point of order that Floor Amendment No.i2 was not germane to the body of the bill.

POINT OF ORDER WITHDRAWN

Senator Shapleigh withdrew the point of order.

Question recurring on the adoption of Floor Amendment No.i2 to CSHBi2086, the amendment was adopted by the following vote:iiYeasi18, Naysi12.

Yeas:iiAveritt, Carona, Deuell, Duncan, Estes, Fraser, Harris, Huffman, Lucio, Nelson, Nichols, Ogden, Seliger, VanideiPutte, Wentworth, West, Whitmire, Williams.

Nays:iiDavis, Ellis, Eltife, Gallegos, Hinojosa, Jackson, Patrick, Shapiro, Shapleigh, Uresti, Watson, Zaffirini.

Absent:iiHegar.

Senator Ellis offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSHB 2086 (Senate committee printing) by adding an appropriately numbered SECTION to the article to read as follows and by renumbering existing SECTIONS of the article accordingly:

SECTIONi9.__.ii(a) The Legislative Budget Board shall prepare an annual criminal justice policy impact statement for this Act.

(b)iiThe impact statement must include information concerning:

(1)iithe number of arrests and resulting criminal dispositions under this Act;

(2)iithe fiscal impact of arrests, trials, convictions, and imprisoning or imposing other sanctions on persons in accordance with this Act;

(3)iithe race and ethnicity of persons arrested, prosecuted, convicted, and incarcerated under this Act;

(4)iithe impact of this Act on existing correctional facilities, as defined by Section 1.07, Penal Code;

(5)iithe likelihood that this Act may create a need for additional prison capacity;

(6)iicivil action damages assessed and collected, and assets seized and forfeited under this Act; and

(7)iiany other matter the Legislative Budget Board determines relevant.

(c)iiThe Legislative Budget Board shall complete the impact statement not later than December 1 each year, beginning December 1, 2010, and make it available to the public on its website.

The amendment to CSHB 2086 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 Whitmire and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

Wednesday, May 27, 2009 SENATE JOURNAL 3571

CSHB 2086 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 2086 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 CSHBi2086 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 1799 ON SECOND READING

On motion of Senator Eltife and by unanimous consent, the regular order of business was suspended to take up for consideration HBi1799 at this time on its second reading:

HB 1799, Relating to information that must be included on certain electric bills.

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:

Absent:iiOgden.

HOUSE BILL 1799 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 HBi1799 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi30, Naysi0.

Absent:iiOgden.

The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0. (Same as previous roll call)

(Senator Eltife in Chair)

HOUSE BILL 1310 ON SECOND READING

Senator Nelson moved to suspend the regular order of business to take up for consideration HBi1310 at this time on its second reading:

HB 1310, Relating to the use of a tanning facility device by a minor.

The motion prevailed.

Senator Eltife asked to be recorded as voting "Nay" on suspension of the regular order of business.

3572 81st Legislature — Regular Session 68th Day

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:iiEltife.

HOUSE BILL 1310 ON THIRD READING

Senator Nelson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi1310 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi1.

Nays:iiEltife.

Absent:iiOgden.

The bill was read third time and was passed by the following vote:iiYeasi29, Naysi1. (Same as previous roll call)

HOUSE BILL 2524 ON SECOND READING

Senator Carona moved to suspend the regular order of business to take up for consideration HBi2524 at this time on its second reading:

HB 2524, Relating to the accuracy, security, and reliability of certain electronic voting systems.

The motion prevailed.

Senators Nichols and Shapiro asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator Patrick offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2524 (Senate committee report) as follows:

(1)iiOn page 2, line 61, Sec. 129.023, insert the following subsection:

(g)iiThis section does not apply to a county with a population of 3.3 million or more.

(2)iiOn page 3, line 54, Sec. 129.052, insert the following subsection:

(d)iiThis section does not apply to a county with a population of 3.3 million or more.

The amendment to HB 2524 was read.

Senator Carona moved to postpone further consideration of the bill to a time certain of 1:30 p.m. today.

The motion prevailed.

Question — Shall Floor Amendment No. 1 to HBi2524 be adopted?

Wednesday, May 27, 2009 SENATE JOURNAL 3573

(Senator Carona in Chair)

COMMITTEEiiSUBSTITUTE
HOUSE BILL 281 ON SECOND READING

On motion of Senator West and by unanimous consent, the regular order of business was suspended to take up for consideration CSHBi281 at this time on its second reading:

CSHB 281, Relating to grants for school-based health centers and reports submitted by those centers.

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:

Absent:iiOgden.

COMMITTEEiiSUBSTITUTE
HOUSE BILL 281 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 CSHBi281 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi30, Naysi0.

Absent:iiOgden.

The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0. (Same as previous roll call)

HOUSE BILL 871 ON SECOND READING

On motion of Senator Gallegos and by unanimous consent, the regular order of business was suspended to take up for consideration HBi871 at this time on its second reading:

HB 871, Relating to the method of mailing notice a municipal management district may use to notify a property owner about a scheduled hearing.

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:

Absent:iiOgden.

HOUSE BILL 871 ON THIRD READING

Senator Gallegos moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi871 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi30, Naysi0.

3574 81st Legislature — Regular Session 68th Day

Absent:iiOgden.

The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0. (Same as previous roll call)

(President in Chair)

HOUSE BILL 3480 ON SECOND READING

On motion of Senator VanideiPutte and by unanimous consent, the regular order of business was suspended to take up for consideration HB 3480 at this time on its second reading:

HB 3480, Relating to certain investment products made available to certain public school employees and the companies authorized to provide those products; providing civil penalties.

The bill was read second time.

Senator VanideiPutte offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3480 (committee printing) as follows and adjust accordingly:

1)iiPage 3, line 16 after "revoked", insert the following:

without first providing the employee with notice in writing that:

(A)iiindicates the reason the subject of the salary reduction agreement is no longer an eligible qualified investment or why certification has been denied, suspended, or revoked; and

(B)iiclearly states that by signing the notice the employee is agreeing to enter into or continue the salary reduction agreement

2)iiAdd the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS accordingly:

SECTIONi____.iiChapter 22 (S.B.i17), Acts of the 57th Legislature, 3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil Statutes), is amended by adding Sections 9A and 9B to read as follows:

Sec.i9A.iiA person, other than an employee of an educational institution, or an affiliate of the person may not enter into or renew a contract under which the person is to provide services for or administer a plan offered by the institution under Section 403(b), Internal Revenue Code of 1986, unless the person:

(1)iiholds a license or certificate of authority issued by the Texas Department of Insurance;

(2)iiis registered as a securities dealer or agent or investment advisor with the State Securities Board; or

(3)i is a financial institution that:

(A)iiis authorized by state or federal law to exercise fiduciary powers; and

(B)iihas its main office, a branch office, or a trust office in this state.

Sec.i9B.ii(a)iiThis section applies to an entity under this Act that enters into a contract with an educational institution to administer a plan offered by the institution under Section 403(b), Internal Revenue Code of 1986.

Wednesday, May 27, 2009 SENATE JOURNAL 3575

(b)iiIf a person described by Subsection (a) holds a meeting at which qualified investment products will be marketed to employees of the educational institution, the person must provide representatives of other companies certified to the retirement system under Section 5 or 8 of this Act an opportunity to attend and market their qualified investment products at the meeting.

The amendment to HB 3480 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 VanideiPutte and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

HB 3480 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 3480 ON THIRD READING

Senator Van de Putte moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi3480 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 2307 ON SECOND READING

On motion of Senator Deuell and by unanimous consent, the regular order of business was suspended to take up for consideration HBi2307 at this time on its second reading:

HB 2307, Relating to coverage under a meet and confer agreement for certain municipal firefighters and police officers.

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 2307 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 HBi2307 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 2504 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 2504 at this time on its second reading:

3576 81st Legislature — Regular Session 68th Day

HB 2504, Relating to requiring a public institution of higher education to make available to the public on the institution's Internet website certain undergraduate course information.

The bill was read second time.

Senator Duncan offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2504 (Senate committee report) in SECTION 1 of the bill in added Section 51.974, Education Code, (page 1, line 15), strike "Each institution of higher education" and substitute "Each institution of higher education, other than a medical and dental unit,".

The amendment to HB 2504 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 Duncan offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 2504 (Senate committee report) in SECTION 1 of the bill in added Section 51.974, Education Code, (page 1, line 54), strike "fourth" and substitute "second".

The amendment to HB 2504 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 2504 (Senate committee printing) in SECTION 1 of the bill, by adding the following and renumbering accordingly:

Institutions of higher education included in this section shall conduct end of course student evaluations of faculty and develop a plan to make evaluations available on the institution's website.

The amendment to HB 2504 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 Watson offered the following amendment to the bill:

Floor Amendment No. 4

Amend HB 2504 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill as appropriate:

SECTIONi____.iiSubchapter C, Chapter 61, Education Code, is amended by adding Section 61.0777 to read as follows:

Wednesday, May 27, 2009 SENATE JOURNAL 3577

Sec.i61.0777.iiUNIFORM STANDARDS FOR PUBLICATION OF COST OF ATTENDANCE INFORMATION. (a)iiThe board shall prescribe uniform standards intended to ensure that information regarding the cost of attendance at institutions of higher education and at private or independent institutions of higher education approved under Subchapter F to receive tuition equalization grant funds is available to the public in a manner that is consumer-friendly and readily understandable to prospective students and their families. In developing the standards, the board shall examine common and recommended practices regarding the publication of such information and shall solicit recommendations and comments from institutions of higher education and affected private or independent institutions of higher education.

(b)iiThe uniform standards must:

(1)iiaddress all of the elements that constitute the total cost of attendance, including tuition and fees, room and board costs, book and supply costs, transportation costs, and other personal expenses; and

(2)iiprescribe model language to be used to describe each element of the cost of attendance.

(c)iiEach institution of higher education and each private or independent institution of higher education approved under Subchapter F to receive tuition equalization grant funds that offers an undergraduate degree or certificate program shall:

(1)iiprominently display on the institution's Internet website in accordance with the uniform standards prescribed under this section information regarding the cost of attendance at the institution by a full-time entering first-year student; and

(2)iiconform to the uniform standards in any electronic or printed materials intended to provide to prospective undergraduate students information regarding the cost of attendance at the institution.

(d)iiEach institution of higher education shall consider the uniform standards prescribed under this section when providing information to the public or to prospective students regarding the cost of attendance at the institution by nonresident students, graduate students, or students enrolled in professional programs.

(e)iiThe board shall prescribe requirements for an institution of higher education to provide on the institution's Internet website consumer-friendly and readily understandable information regarding student financial aid opportunities. The required information must be provided in connection with the information displayed under Subsection (c)(1) and must include a link to the primary federal student financial aid Internet website intended to assist persons applying for student financial aid.

(f)iiThe board shall provide on the board's Internet website a program or similar tool that will compute for a person accessing the website the estimated net cost of attendance for a full-time entering first-year student attending an institution described by Subsection (c). The board shall require each of those institutions to provide the board with the information the board requires to administer this subsection.

(g)iiThe board shall prescribe the initial standards and requirements under this section not later than Januaryi1, 2010. Institutions of higher education shall comply with the standards and requirements not later than April l, 2010. This subsection expires January 1, 2011.

3578 81st Legislature — Regular Session 68th Day

(h)iiThe board shall encourage private or independent institutions of higher education approved under Subchapter F to participate in the tuition equalization grant program, to the greatest extent practicable, to prominently display the information described by Subsections (a) and (b) on their Internet websites in accordance with the standards established under those subsections, and to conform to those standards in electronic and printed materials intended to provide to prospective undergraduate students information regarding the cost of attendance at the institutions. The board shall also encourage those institutions to include on their Internet websites a link to the primary federal student financial aid Internet website intended to assist persons applying for student financial aid.

(i)iiThe board shall make the program or tool described by Subsection (f) available to private or independent institutions of higher education described by Subsection (h), and those institutions shall make that program or tool, or another program or tool that complies with the requirements for the net price calculator required under Section 132(h)(3), Higher Education Act of 1965 (20 U.S.C. Section 1015a) available on their Internet websites not later than the date by which the institutions are required by Section 132(h)(3) to make the net price calculator publicly available on their Internet websites.

The amendment to HB 2504 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.

Senator Shapleigh offered the following amendment to the bill:

Floor Amendment No. 5

Amend HB 2504 by adding the following sections to the bill, numbered appropriately, and by renumbering any subsequent sections of the bill accordingly:

SECTIONi____.iiSubchapter E, Chapter 56, Education Code, is amended by adding Section 56.080 to read as follows:

Sec.i56.080.iiONLINE LIST OF WORK-STUDY EMPLOYMENT OPPORTUNITIES. Each institution of higher education shall:

(1)iiestablish and maintain an online list of work-study employment opportunities, sorted by department as appropriate, available to students on the institution's campus; and

(2)iiensure that the list is easily accessible to the public through a clearly identifiable link that appears in a prominent place on the financial aid page of the institution's Internet website.

SECTIONi____.iiAs soon as practicable after the effective date of this Act, each public institution of higher education shall establish an online list of work-study employment opportunities for students as required by Section 56.080, Education Code, as added by this Act.

SECTIONi____.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.

The amendment to HBi2504 was read.

Wednesday, May 27, 2009 SENATE JOURNAL 3579

Senator Shapiro moved to postpone further consideration of the bill to a time certain of 1:30 p.m. today.

The motion prevailed.

Question — Shall Floor Amendment No. 5 to HBi2504 be adopted?

HOUSE BILL 2012 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 2012 at this time on its second reading:

HB 2012, Relating to the criminal consequences of operating without a valid driver's license a motor vehicle for which financial responsibility is not established.

The bill was read second time.

Senator Carona offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend the proposed HB 2012 in SECTION 3 of the bill, by striking amended Section (c), (page 2, lines 22 through 24).

The amendment to HB 2012 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Committee Amendment No. 1.

Senator Carona offered the following committee amendment to the bill:

Committee Amendment No. 2

Amend the proposed HB 2012 in SECTION 2, of the bill, by striking the words "felony of the third degree" (page 1, lines 21 and 22) and replacing those words with the words "Class A misdemeanor".

The amendment to HB 2012 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Committee Amendment No. 2.

Senator Carona offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2012 (Senate committee printing) by striking SECTION 3 of the bill (page 1, line 42 through page 2, line 3) and renumbering subsequent SECTIONS accordingly.

The amendment to HB 2012 was read.

Senator Carona withdrew Floor Amendment No.i1.

Senator Carona again offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2012 (Senate committee printing) by striking SECTION 3 of the bill (page 1, line 42 through page 2, line 3) and renumbering subsequent SECTIONS accordingly.

The amendment to HB 2012 was again 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.

3580 81st Legislature — Regular Session 68th Day

Senator Wentworth offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 2012 (Senate committee printing) by adding the following SECTION to the bill, appropriately numbered, and renumbering subsequent SECTIONS accordingly:

SECTIONi___.iiSection 545.401, Transportation Code, is amended by amending Subsection (b) and adding Subsections (e), (f), (g), and (h) to read as follows:

(b)iiExcept as provided by Subsection (e), an [An] offense under this section is a misdemeanor punishable by:

(1)iia fine not to exceed $200;

(2)iiconfinement in county jail for not more than 30 days; or

(3)iiboth the fine and the confinement.

(e)iiIf an offense under this section results in the serious bodily injury or death of an operator or passenger of another motor vehicle, the offense is a Class B misdemeanor.

(f)iiThe court may:

(1)iiorder that the driver's license of a person convicted of an offense under Subsection (e) be suspended for not less than 30 days beginning on the date of conviction; and

(2)iirequire the person to attend and present proof that the person successfully completed a driving safety course approved under Chapter 1001, Education Code, before the person's driver's license may be reinstated.

(g)iiA judge, acting under Article 42.12, Code of Criminal Procedure, who elects to place a defendant on community supervision under that article may require the defendant to attend and present proof that the defendant successfully completed a driving safety course approved under Chapter 1001, Education Code.

(h)iiA person who is subject to prosecution under both this section and another section of this or any other code may be prosecuted under either or both sections.

The amendment to HB 2012 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 Carona and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

HB 2012 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 2012 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 HBi2012 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.

Wednesday, May 27, 2009 SENATE JOURNAL 3581

HOUSE BILL 2504 ON SECOND READING

The President laid before the Senate HBi2504 by Senator Shapiro on its second reading. The bill had been read second time, amended, an amendment offered, and further consideration postponed to a time certain of 1:30ip.m. today:

HB 2504, Relating to requiring a public institution of higher education to make available to the public on the institution's Internet website certain undergraduate course information.

Question — Shall Floor Amendment No. 5 to HB 2504 be adopted?

The amendment to HB 2504 was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 5.

On motion of Senator Shapiro and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

HB 2504 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 2504 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 HBi2504 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 Eltife in Chair)

COMMITTEEiiSUBSTITUTE
HOUSE BILL 1819 ON SECOND READING

On motion of Senator Ellis and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 1819 at this time on its second reading:

CSHB 1819, Relating to minimum habitability standards for multi-family rental buildings in certain municipalities; providing a penalty.

The bill was read second time.

Senator Ellis offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 1819 (Senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi__.iiSubchapter Z, Chapter 214, Local Government Code, is amended by adding Section 214.907 to read as follows:

3582 81st Legislature — Regular Session 68th Day

Sec.i214.907.iiRELOCATION OF DISPLACED RESIDENTS BY CERTAIN MUNICIPALITIES. (a) In this section, "multi-family rental building" has the meaning assigned by Section 214.219.

(b)iiThis section applies only to a municipality with a population of 1.7 million or more.

(c)iiA municipality may not order the closure of a multi-family rental building because of a violation of an ordinance adopted by the municipality relating to habitability unless the municipality locates housing for the residents displaced by the closure.

The amendment to CSHB 1819 was read.

Senator Ellis withdrew Floor Amendment No.i1.

Senator Whitmire offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSHB 1819 (Senate committee printing) by striking all below the enacting clause and substituting the following:

SECTIONi1.iiSubchapter G, Chapter 214, Local Government Code, is amended by adding Section 214.219 to read as follows:

Sec.i214.219.iiMINIMUM HABITABILITY STANDARDS FOR MULTI-FAMILY RENTAL BUILDINGS IN CERTAIN MUNICIPALITIES. (a) This section applies only to a municipality with a population of 1.7 million or more. This section does not affect the authority of a municipality to which this section does not apply to enact or enforce laws relating to multi-family rental buildings.

(b)iiIn this section:

(1)ii"Multi-family rental building" means a building that has three or more single-family residential units.

(2)ii"Unit" means one or more rooms rented for use as a permanent residence under a single lease to one or more tenants.

(c)iiA municipality shall adopt an ordinance to establish minimum habitability standards for multi-family rental buildings, including requiring maintenance of proper operating conditions.

(d)iiA municipality may establish other standards as necessary to reduce material risks to the physical health or safety of tenants of multi-family rental buildings.

(e)iiA municipality shall establish a program for the inspection of multi-family rental buildings to determine if the buildings meet the minimum required habitability standards. The program shall include inspections under the direction of:

(1)iithe municipality's building official, as defined by the International Building Code or by a local amendment to the code under Section 214.216;

(2)iithe chief executive of the municipality's fire department; and

(3)iithe municipality's health authority, as defined by Section 121.021, Health and Safety Code.

(f)iiA municipality may not order the closure of a multi-family rental building due to a violation of an ordinance adopted by the municipality relating to habitability unless the municipality makes a good faith effort to locate housing with comparable rental rates in the same school district for the residents displaced by the closure.

Wednesday, May 27, 2009 SENATE JOURNAL 3583

(g)iiThe owner of a multi-family rental building commits an offense if the owner violates an ordinance adopted under this section. An offense under this subsection is a Class C misdemeanor. Each day the violation continues constitutes a separate offense.

(h)iiA municipality may impose a civil penalty under Section 54.017 for a violation of this section.

SECTIONi2.iiA municipality shall adopt the minimum habitability standards required by Section 214.219, Local Government Code, as added by this Act, not later than December 31, 2010.

SECTIONi3.iiThis Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.

The amendment to CSHB 1819 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 Ellis and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

CSHB 1819 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 1819 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 CSHBi1819 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 1275 ON SECOND READING

On motion of Senator Hegar and by unanimous consent, the regular order of business was suspended to take up for consideration HBi1275 at this time on its second reading:

HB 1275, Relating to the authority to impose a county hotel occupancy tax.

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 1275 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 HBi1275 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.

3584 81st Legislature — Regular Session 68th Day

COMMITTEEiiSUBSTITUTE
HOUSE BILL 2525 ON SECOND READING

Senator Wentworth moved to suspend the regular order of business to take up for consideration CSHBi2525 at this time on its second reading:

CSHB 2525, Relating to political expenditures made by a corporation or labor organization to finance the establishment and administration of a political committee.

The motion prevailed.

Senators Estes, Hegar, Nelson, Nichols, Patrick, and Williams 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:iiEstes, Hegar, Nelson, Nichols, Patrick, Williams.

COMMITTEEiiSUBSTITUTE
HOUSE BILL 2525 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 CSHBi2525 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi25, Naysi6.

Yeas:iiAveritt, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Fraser, Gallegos, Harris, Hinojosa, Huffman, Jackson, Lucio, Ogden, Seliger, Shapiro, Shapleigh, Uresti, Van de Putte, Watson, Wentworth, West, Whitmire, Zaffirini.

Nays:iiEstes, Hegar, Nelson, Nichols, Patrick, Williams.

The bill was read third time and was passed by the following vote:iiYeasi25, Naysi6. (Same as previous roll call)

HOUSE BILL 2708 ON SECOND READING

On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration HBi2708 at this time on its second reading:

HB 2708, Relating to the powers of the Karnes County Hospital District.

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 2708 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 HBi2708 be placed on its third reading and final passage.

Wednesday, May 27, 2009 SENATE JOURNAL 3585

The motion prevailed by the following vote:iiYeasi31, Naysi0.

The bill was read third time and was passed by the following vote:iiYeasi31, Naysi0.

REPORTS OF COMMITTEE ON NOMINATIONS

Senator Jackson submitted the following reports 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, Board of Directors, Angelina and Neches River Authority:iiPatricia E. Dickey, Houston County.

Member, Board of Directors, Brazos River Authority:iiTrent McKnight, Throckmorton County.

Presiding Officer, Board of Directors, Central Texas Regional Mobility Authority:iiRay Allen Wilkerson, Travis County.

Members, Commission on Human Rights:iiThomasiM. Anderson, Fort Bend County; MichelleiH. Diggs, Travis County; TravisiA. Morris, Travis County; DannyiL. Osterhout, Andrews County; Veronica Vargas Stidvent, Travis County.

Justice, Court of Appeals, Fifth Court of Appeals District:iiRobertiM. Fillmore, Collin County.

Members, Governing Board, Department of Information Resources:iiRamoniF. Baez, Tarrant County; RobertiE. Pickering, Jr., Harris County.

Members, Governing Board, Texas School for the Deaf:iiBeatrice Maestas Burke, Bell County; Walter Camenisch III, Travis County; Nancy Mumme Carrizales, Harris County; Eric Hogue, Collin County; SusaniK. Ridley, Fort Bend County; Angie Wolf, Travis County.

Members, Health and Human Services Council:iiSharoniJ. Barnes, Calhoun County; MansoniB. Johnson, Harris County; Jerry Kane, Nueces County; Leon J. Leach, Colorado County; Ronald Thomas Luke, Travis County; Teresa "Terry" Wilkinson, Midland County.

Members, Board of Directors, Lavaca-Navidad River Authority:iiJohn Alcus Cotten, Jr., Jackson County; Ronald Edwin Kubecka, Jackson County; NilsiP. Mauritz, Jackson County.

Members, State Board for Educator Certification:iiBradley Wayne Allard, Johnson County; BonnyiL. Cain, Brazoria County; BennyiW. Morris, Johnson County; Judy Robison, El Paso County.

Members, State Pension Review Board:iiPauliA. Braden, Dallas County; Andrew Winston Cable, Hays County; Jerry Robert Massengale, Lubbock County; Richard Earl McElreath, Randall County; NormaniW. Parrish, Montgomery County; WayneiR. Roberts, Travis County; ScottiD. Smith, Williamson County.

3586 81st Legislature — Regular Session 68th Day

Member, Board of Directors, Sulphur River Basin Authority:iiKirby Hollingsworth, Franklin County.

Members, Texas Board of Licensure for Professional Medical Physicists:iiPhilipiD. Bourland, Ph.D., Bell County; ShannoniD. Cox, M.D., Travis County; Valerie Foreman, Denton County; Kumar Krishen, Harris County; John Raymond Leahy, M.D., Travis County; RebeccaiC. Middleton, Dallas County; PamelaiM. Otto, M.D., Bexar County; Richard E. Wendt III, Harris County.

Members, Texas Board of Nursing:iiKristiniK. Benton, Travis County; Patricia "Patti" Clapp, Dallas County; Tamara Jean Parrish Cowen, Cameron County; Sheri Denise Crosby, Dallas County; MarilyniJ. Davis, Fort Bend County; Richard Robert Gibbs, Dallas County; Kathy Lynette Leader-Horn, Hood County; Josefina Lujan, El Paso County; Mary Jane Salgado, Maverick County.

Members, Texas Board of Occupational Therapy Examiners:iiCatherine Benavidez, Denton County; Judith Ann "Judy" Chambers, Hays County; Kathleen Hill, Williamson County; Stephanie Johnston, Harris County; PamelaiD. Nelon, Tarrant County; Todd Matthew Novosad, Travis County; Angela Sieffert, Dallas County; Bobby James Vasquez, Collin County.

Members, Texas Board of Orthotics and Prosthetics:iiLeahiF. Esparza, Travis County; RoyiD. McCoy, Williamson County; MigueliN. Mojica, Dallas County.

Members, Texas Board of Professional Land Surveying:iiJames Allen Childress, San Saba County; NedraiJ. Foster, Hardin County; RobertiH. Price, P.E., Tarrant County.

Members, Texas Emancipation Juneteenth Cultural and Historical Commission:iiVickiiD. Blanton, Dallas County; Willie Belle Boone, Harris County; Carmen Francis, Williamson County, ClarenceiE. Glover, Jr., Dallas County; WilliamiH. Watson, Lubbock County.

Member, Texas Industrialized Building Code Council:iiJesse Rider, Smith County.

Members, Texas Military Preparedness Commission:iiDoraiG. Alcala, Val Verde County; RalphiC. Gauer, Sr., Bell County; AlviniW. "Al" Jones, Brazos County; PauliF. Paine, Parker County; ThomasiA. Whaylen, Wichita County.

Members, Texas Physician Assistant Board:iiRonaldiW. Bryce, Ellis County; Teralea Davis Jones, Bee County; Felix Koo, Hidalgo County; M. A. Mitchell, D.O., Clay County; Abelino Reyna, McLennan County; EdwardiW. Zwanziger, Henderson County.

Members, Texas Real Estate Commission:iiAdrianiA. Arriaga, Hidalgo County; Robert Christopher "Chris" Day, Cherokee County; Jaime Blevins Hensley, Angelina County; Joanne Justice, Tarrant County; Dona Scurry, El Paso County; Avis Geer Wukasch, Williamson County.

Wednesday, May 27, 2009 SENATE JOURNAL 3587

Members, Texas Residential Construction Commission:iiRossiA. Benline, Guadalupe County; GerardoiM. Garcia, Nueces County; Don Illingworth, Tarrant County; SteveniR. Leipsner, Travis County; Glenda Mariott, Brazos County; Mickey Randall Redwine, Van Zandt County.

Members, Texas State Board of Acupuncture Examiners:iiSuehing Woo Yee Chiang, Fort Bend County; AlleniD. Cline, Travis County; Linda Wynn Drain, Collin County; Terry Glenn Rascoe, M.D., Bell County; Karen Siegel, Harris County; RachelleiL. Webb, Travis County; Rey Ximenes, M.D., Travis County.

Chair, State Board of Education:iiDon McLeroy, Brazos County.

Members, Texas State Board of Examiners of Professional Counselors:iiBrenda "Brandi" Buckner, Parker County; KareniR. Burke, Travis County; Steven Douglas Christopherson, Harris County; BrendaiS. Compagnone, Dimmit County; Glynda Beth Corley, Williamson County; Michelle Alcon Eggleston; Potter County; Leslie Fischer Pohl, Travis County; Jaa Akili St. Julien, Harris County; Maria Francisca Teran, El Paso County.

Members, Texas State Board of Public Accountancy:iiA.iCarlos Barrera, Cameron County; Everett Ray Ferguson, Taylor County; James Calvin Flagg, Brazos County; Jon Reed Keeney, Harris County; David Lambert King, Bexar County; Maribess Lehmann Miller, Dallas County; SteveiD. Pena, Williamson County; Thomas Green Prothro, Smith County; Catherine J. Rodewald, Dallas County; JohniW. Steinberg, Guadalupe County.

Members, Texas Transportation Commission:iiDeirdre Delisi, Travis County; EdwardiC. Houghton IV, El Paso County; WilliamiW. Meadows, Tarrant County; FrediA. Underwood, Lubbock 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.

COMMITTEEiiSUBSTITUTE
HOUSE BILL 3628 ON SECOND READING

Senator Duncan moved to suspend the regular order of business to take up for consideration CSHBi3628 at this time on its second reading:

CSHB 3628, Relating to the date by which the executive director of the Texas Department of Licensing and Regulation must require compliance with certain elevator safety standards.

The motion prevailed.

Senator Watson asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

3588 81st Legislature — Regular Session 68th Day

Senator Lucio offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 3628 (Senate committee printing) by striking SECTION 1 of the bill, amending Section 754.014(f), Health and Safety Code (page 1, lines 14 through 21), and substituting the following:

SECTIONi1.iiSection 754.014, Health and Safety Code, is amended by amending Subsection (f) and adding Subsection (f-1) to read as follows:

(f)iiThe executive director shall grant a delay until September 1, 2012 [2010], for compliance with the requirements for [door restrictors or] firefighter's service in the ASME Code A17.3 if those requirements were not included in the ASME Code A17.1 that was in effect on the date of installation and the equipment was not subsequently installed. This subsection expires October 1, 2012.

(f-1)iiThe executive director shall grant a delay until September 1, 2010, for compliance with the requirements for door restrictors in the ASME Code A17.3. This subsection expires October 1, 2010.

The amendment to CSHB 3628 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:iiWatson.

On motion of Senator Duncan and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

CSHB 3628 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:iiWatson.

COMMITTEEiiSUBSTITUTE
HOUSE BILL 3628 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 CSHBi3628 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi30, Naysi1.

Nays:iiWatson.

The bill was read third time and was passed by the following vote:iiYeasi30, Naysi1. (Same as previous roll call)

COMMITTEEiiSUBSTITUTE
HOUSE BILL 2462 ON SECOND READING

On motion of Senator Deuell and by unanimous consent, the regular order of business was suspended to take up for consideration CSHBi2462 at this time on its second reading:

Wednesday, May 27, 2009 SENATE JOURNAL 3589

CSHB 2462, Relating to the authority of a county to clarify the existence of a public interest in certain roads.

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 2462 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 CSHBi2462 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 3547 ON SECOND READING

On motion of Senator Jackson and by unanimous consent, the regular order of business was suspended to take up for consideration HBi3547 at this time on its second reading:

HB 3547, Relating to an order for the closure of unregistered dry cleaning facilities and dry cleaning drop stations by the Texas Commission on Environmental Quality.

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 3547 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 HBi3547 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.

RECESS

On motion of Senator Whitmire, the Senate at 2:05 p.m. recessed until 2:35 p.m. today.

AFTER RECESS

The Senate met at 2:59 p.m. and was called to order by the President.

AT EASE

The President at 2:59 p.m. announced the Senate would stand At Ease subject to the call of the Chair.

3590 81st Legislature — Regular Session 68th Day

IN LEGISLATIVE SESSION

The President at 4:05 p.m. called the Senate to order as In Legislative Session.

RECESS

On motion of Senator Whitmire, the Senate at 4:06 p.m. recessed until 4:45 p.m. today.

AFTER RECESS

The Senate met at 4:47 p.m. and was called to order by Senator Carona.

COMMITTEEiiSUBSTITUTE
HOUSE BILL 2833 ON SECOND READING

Senator Shapleigh moved to suspend the regular order of business to take up for consideration CSHBi2833 at this time on its second reading:

CSHB 2833, Relating to certain building code standards applicable to the unincorporated areas of certain counties; providing a penalty.

The motion prevailed.

Senators Estes and Williams asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator Shapleigh offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 2833 (Senate committee report) by striking SECTION 1 of the bill (page 1, line 13, through page 2, line 8) and substituting the following:

SECTIONi1.iiChapter 233, Local Government Code, is amended by adding Subchapter F to read as follows:

SUBCHAPTER F. RESIDENTIAL BUILDING CODE STANDARDS APPLICABLE TO UNINCORPORATED AREAS OF COUNTIES

Sec.i233.151.iiDEFINITIONS. In this subchapter, "new residential construction" includes:

(1)iiresidential construction of a single-family house or duplex on a vacant lot; and

(2)iiconstruction of an addition to an existing single-family house or duplex, if the addition will increase the square footage or value of the existing residential building by more than 50 percent.

Sec.i233.152.iiBUILDING CODE STANDARDS APPLICABLE. (a) New residential construction of a single-family house or duplex in the unincorporated area of a county shall conform to the version of the International Residential Code published as of May 1, 2008, or the version of the International Residential Code that is applicable in the county seat of that county.

(b)iiStandards required under this subchapter apply only to new residential construction that begins after September 1, 2009.

Wednesday, May 27, 2009 SENATE JOURNAL 3591

(c)iiIf a municipality has adopted a building code in the municipality's extraterritorial jurisdiction, the building code adopted by the municipality controls and building code standards under this subchapter have no effect in the municipality's extraterritorial jurisdiction.

(d)iiThis subchapter may not be construed to:

(1)iirequire prior approval by the county before the beginning of new residential construction;

(2)iiauthorize the commissioners court of a county to adopt or enforce zoning regulations; or

(3)iiaffect the application of the provisions of Subchapter B, Chapter 232, to land development.

(e)iiIn the event of a conflict between this subchapter and Subchapter B, Chapter 232, the provisions of Subchapter B, Chapter 232, control.

(f)iiA county may not charge a fee to a person subject to standards under this subchapter to defray the costs of enforcing the standards.

Sec.i233.153.iiINSPECTION AND NOTICE REQUIREMENTS. (a) A person who builds new residential construction described by Section 233.152 shall have the construction inspected to ensure building code compliance in accordance with this section as follows:

(1)iifor new residential construction on a vacant lot, a minimum of three inspections must be performed during the construction project to ensure code compliance, as applicable, at the following stages of construction:

(A)iithe foundation stage, before the placement of concrete;

(B)iithe framing and mechanical systems stage, before covering with drywall or other interior wall covering; and

(C)iion completion of construction of the residence;

(2)iifor new residential construction of an addition to an existing residence as described by Section 233.151(2), the inspections under Subdivision (1) must be performed as necessary based on the scope of work of the construction project; and

(3)iifor new residential construction on a vacant lot and for construction of an addition to an existing residence, the builder:

(A)iiis responsible for contracting to perform the inspections required by this subsection with:

(i)iia licensed engineer;

(ii)iia registered architect;

(iii)iia professional inspector licensed by the Texas Real Estate Commission;

(iv)iia plumbing inspector employed by a municipality and licensed by the Texas State Board of Plumbing Examiners;

(v)iia building inspector employed by a political subdivision; or

(vi)iian individual certified as a residential combination inspector by the International Code Council; and

(B)iimay use the same inspector for all the required inspections or a different inspector for each required inspection.

(b)iiIf required by a county, before commencing new residential construction, the builder shall provide notice to the county on a form prescribed by the county of:

3592 81st Legislature — Regular Session 68th Day

(1)iithe location of the new residential construction;

(2)iithe approximate date by which the new residential construction will be commenced; and

(3)iithe version of the International Residential Code that will be used to construct the new residential construction before commencing construction.

(c)iiIf required by the county, not later than the 10th day after the date of the final inspection under this section, the builder shall submit notice of the inspection stating whether or not the inspection showed compliance with the building code standards applicable to that phase of construction in a form required by the county to:

(1)iithe county employee, department, or agency designated by the commissioners court of the county to receive the information; and

(2)iithe person for whom the new residential construction is being built, if different from the builder.

Sec.i233.154.iiENFORCEMENT OF STANDARDS. If proper notice is not submitted in accordance with Sections 233.153(b) and (c), the county may take any or all of the following actions:

(1)iirefer the inspector to the appropriate regulatory authority for discipline;

(2)iiin a suit brought by the appropriate attorney representing the county in the district court, obtain appropriate injunctive relief to prevent a violation or threatened violation of a standard or notice required under this subchapter from continuing or occurring;

(3)iirefer the builder for prosecution under Section 233.156.

Sec.i233.155.iiEXISTING AUTHORITY UNAFFECTED. The authority granted by this subchapter does not affect the authority of a commissioners court to adopt an order under other law.

Sec.i233.156.iiPENALTY. (a) A person commits an offense if the person fails to provide proper notice in accordance with Sections 233.153(b) and (c).

(b)iiAn offense under this section is a Class C misdemeanor.

Sec.i233.157.iiPRIOR APPROVAL FOR OWNER-BUILT RESIDENCES. (a) This section applies only to a county located within 50 miles of an international border.

(b)iiFor new residential construction that is built by a person who owns the residence, acts as the person's own contractor, and intends to use the residence as the person's primary residence for at least one year after the completion or substantial completion of the new residential construction, the county may require prior approval before the beginning of the new residential construction through a form prescribed by the county.

The amendment to CSHB 2833 was read.

Senator Lucio offered the following amendment to Floor Amendment No. 1:

Floor Amendment No. 2

Amend Floor Amendment No. 1 by Shapleigh to CSHB 2833 to add new Section 233.157 to read as follows:

"Sec.i233.157.iiPROHIBITION IN USE OF STATE TAX DOLLARS TO REMEDIATE AND SUBSIDIZE NEW SUBSTANDARD HOUSING. (a) Notwithstanding any other provision in state law, no state funds, including state

Wednesday, May 27, 2009 SENATE JOURNAL 3593

(b)iiBuilders, developers, units of governments, including any private entities and parties, are hereby prohibited from participating in any state supported funding or state administered funding, including water and wastewater funds, to address any problems or deficiencies that will amount to remediation of conditions arising from, or in connection with, any new residential construction as defined by Section 233.151."

The amendment to Floor Amendment No.i1 to CSHB 2833 was read.

On motion of Senator Shapleigh, Floor Amendment No. 2 was tabled by the following vote:iiYeasi17, Naysi12.

Yeas:iiAveritt, Davis, Deuell, Duncan, Ellis, Eltife, Huffman, Jackson, Nichols, Patrick, Seliger, Shapleigh, Uresti, Van de Putte, Watson, Wentworth, Zaffirini.

Nays:iiCarona, Estes, Fraser, Gallegos, Harris, Hinojosa, Lucio, Nelson, Ogden, Shapiro, West, Whitmire.

Absent:iiHegar, Williams.

Question recurring on the adoption of Floor Amendment No.i1 to CSHBi2833, the amendment was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.

Senator Lucio offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSHB 2833 (Senate committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering remaining SECTIONS of the bill accordingly:

SECTIONi__.iiChapter 242, Local Government Code, is amended by adding Subchapter B to read as follows:

SUBCHAPTER B. DEVELOPMENT REGULATIONS IN CERTAIN COUNTIES AND MUNICIPALITIES

Sec.i242.051.iiAPPLICABILITY. This subchapter applies only to:

(1)iia county that includes territory located within 50 miles of an international border; or

(2)iia municipality located in that county if:

(A)iithe county does not exercise in the municipality's extraterritorial jurisdiction the authority described by this subchapter; and

(B)iithe county by resolution authorizes the municipality to exercise in the municipality's extraterritorial jurisdiction the authority described by this subchapter.

Sec.i242.052.iiREGULATORY AUTHORITY. (a)iiThe commissioners court of a county to which this subchapter applies may, by order, regulate residential land development in the unincorporated area of the county. The governing body of a municipality to which this subchapter applies may, by ordinance, regulate residential

3594 81st Legislature — Regular Session 68th Day

(1)iiadopting regulations relating to:

(A)iimaximum densities, including the size of lots;

(B)iithe height, number of stories, size, or number of buildings or other structures that may be located on a lot or tract;

(C)iithe location of buildings and other structures on a lot or tract; and

(D)iithe preparation of a plan for utility development, environmental effect and adaptation, utility extension, and capacity planning and providing financial analysis of said plan; and

(2)iiadopting building codes to promote safe and uniform building, plumbing, and electrical standards.

(b)iiIf a tract of land is appraised as agricultural or open-space land by the appraisal district, the commissioners court or governing body may not regulate land development on that tract under the authority granted by Subsection (a)(1)(B), (a)(1)(C), or (a)(2).

(c)iiThe authority granted under this section does not authorize the commissioners court or governing body to adopt an order regulating commercial property that is uninhabitable.

(d)iiThe authority granted under this section does not authorize the commissioners court or governing body to adopt an order that limits or otherwise impairs the rights of individuals or entities in the exploration, development, or production of oil, gas, or other minerals.

Sec.i242.053.iiBUILDING PERMITS. (a)iiThe county or municipality, as appropriate, shall issue a building permit if the person submitting the application for the permit:

(1)iifiles information relating to the location of the residence;

(2)iifiles the building plans for the residence; and

(3)iicomplies with the applicable regulations relating to the issuance of the permit.

(b)iiThe county or municipality may charge a reasonable building permit fee.

(c)iiThe county or municipality shall deposit fees collected under this section in an account in its general fund and dedicate the fees to the building permit program. The funds in the account may be used only for the purpose of administering the building permit program.

Sec.i242.054.iiMUNICIPAL ORDINANCE PREVAILS OVER COUNTY ORDER. If an order adopted by the county under this subchapter conflicts with an ordinance of a municipality, the municipal ordinance prevails within the municipality's jurisdiction to the extent of the conflict.

Sec.i242.055.iiEXISTING AUTHORITY UNAFFECTED. The authority granted by this subchapter does not affect the authority of the commissioners court or governing body to adopt an order or ordinance under other law.

Wednesday, May 27, 2009 SENATE JOURNAL 3595

Sec.i242.056.iiINJUNCTION. The county or municipality, in a suit brought by the appropriate attorney representing the county or municipality in the district court, is entitled to appropriate injunctive relief to prevent the violation or threatened violation of the entity's order or ordinance adopted under this subchapter from continuing or occurring.

Sec.i242.057.iiPENALTY; EXCEPTION. (a)iiA person commits an offense if the person violates a restriction or prohibition imposed by an order or ordinance adopted under this subchapter. An offense under this section is a Class C misdemeanor.

(b)iiIt is an exception to the application of this section that:

(1)iithe person is an owner-occupant of a residential dwelling that is classified by the Texas Department of Housing and Community Affairs as a low-income household;

(2)iithe dwelling was constructed before the effective date of this subchapter;

(3)iithe violation related to a building standard or building code for that dwelling; and

(4)iithe county or municipality, as appropriate:

(A)iidid not make available to the person a grant or loan in an amount sufficient to cure the violation; or

(B)iimade available to the person a loan that was sufficient to cure the violation but that caused the housing expenses of the person to exceed 30 percent of the person's net income.

SECTIONi__.iiThe heading to Chapter 242, Local Government Code, is amended to read as follows:

CHAPTER 242. AUTHORITY OF MUNICIPALITY AND COUNTY TO REGULATE SUBDIVISIONS AND PROPERTY DEVELOPMENT [IN AND OUTSIDE MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION]

SECTIONi__.iiChapter 242, Local Government Code, is amended by designating Sections 242.001, 242.0015, and 242.002 as Subchapter A and adding a heading for Subchapter A to read as follows:

SUBCHAPTER A. AUTHORITY TO REGULATE SUBDIVISIONS IN AND OUTSIDE MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION

The amendment to CSHB 2833 was read.

Senator Lucio offered the following amendment to Floor Amendment No. 3:

Floor Amendment No. 4

Amend Floor Amendment No. 3 by Lucio to CSHB 2833 as follows:

(1)iiOn page 1, line 8 insert "(a)" between "." and "This".

(2)iiOn page 1, between lines 18 and 19, insert the following new subsection (b) to read as follows:

3596 81st Legislature — Regular Session 68th Day

"(b)iiThis subchapter does not apply to a county that includes territory located within 50 miles of an international border that has a population of 700,000 or more; and contains a municipality with a population of 550,000 or more."

The amendment to Floor Amendment No.i3 to CSHB 2833 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.

Question recurring on the adoption of Floor Amendment No.i3 as amended to CSHBi2833, on motion of Senator Shapleigh, the amendment was tabled by the following vote:iiYeasi19, Naysi10.

Yeas:iiAveritt, Davis, Deuell, Duncan, Ellis, Eltife, Fraser, Hegar, Huffman, Jackson, Nelson, Nichols, Ogden, Patrick, Seliger, Shapleigh, Watson, Wentworth, Zaffirini.

Nays:iiCarona, Estes, Gallegos, Harris, Hinojosa, Lucio, Shapiro, VanideiPutte, West, Whitmire.

Absent:iiUresti, Williams.

On motion of Senator Shapleigh and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

CSHB 2833 as amended was passed to third reading by the following vote:iiYeasi29, Naysi1.

Nays:iiEstes.

Absent:iiWilliams.

COMMITTEEiiSUBSTITUTE
HOUSE BILL 2833 ON THIRD READING

Senator Shapleigh moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi2833 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi1.

Nays:iiEstes.

Absent:iiWilliams.

The bill was read third time and was passed by the following vote:iiYeasi29, Naysi1. (Same as previous roll call)

HOUSE BILL 3861 ON SECOND READING

On motion of Senator Nichols and by unanimous consent, the regular order of business was suspended to take up for consideration HBi3861 at this time on its second reading:

Wednesday, May 27, 2009 SENATE JOURNAL 3597

HB 3861, Relating to the financing by the Texas Water Development Board of the proposed Lake Columbia reservoir project.

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 3861 ON THIRD READING

Senator Nichols moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi3861 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 3144 ON SECOND READING

On motion of Senator Seliger and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 3144 at this time on its second reading:

CSHB 3144, Relating to an exemption from the sales and use tax for property used in agricultural operations and for aircraft used in connection with agriculture.

The bill was read second time.

Senator Seliger offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 3144 (Senate committee printing), on page 2 line 14, by striking "used for or".

The amendment to CSHB 3144 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 Seliger and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

CSHB 3144 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 3144 ON THIRD READING

Senator Seliger moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi3144 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.

3598 81st Legislature — Regular Session 68th Day

COMMITTEEiiSUBSTITUTE
HOUSE BILL 2127 ON SECOND READING

On motion of Senator West and by unanimous consent, the regular order of business was suspended to take up for consideration CSHBi2127 at this time on its second reading:

CSHB 2127, Relating to regulations regarding the sale of plastic bulk merchandise containers; providing a criminal 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 2127 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 CSHBi2127 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 102 ON THIRD READING

Senator Hinojosa moved to suspend the regular order of business to take up for consideration HJRi102 at this time on its third reading and final passage:

HJR 102, Proposing a constitutional amendment to protect the right of the public to access and use public beaches.

The motion prevailed by the following vote:iiYeasi29, Naysi2.

Yeas:iiAveritt, Carona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Hegar, Hinojosa, Huffman, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, Shapleigh, Uresti, VanideiPutte, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

Nays:iiHarris, Jackson.

The resolution was read third time and was passed by the following vote:iiYeasi29, Naysi2. (Same as previous roll call)

HOUSE BILL 3009 ON SECOND READING

On motion of Senator Ellis and by unanimous consent, the regular order of business was suspended to take up for consideration HB 3009 at this time on its second reading:

HB 3009, Relating to the authority of municipal management districts to consolidate.

The bill was read second time.

Wednesday, May 27, 2009 SENATE JOURNAL 3599

Senator Ellis offered the following committee amendment to the bill:

Committee Amendment No. 1

SECTIONi1.iiAmend HB 3009, House engrossed version, by adding the following language to 375.354(c):

The consolidation district may exercise the powers of the districts being consolidated within the respective boundaries of the original districts. For land annexed into the consolidated districts; the consolidation district; the consolidated district may exercise any of the powers of the original districts.

The amendment to HB 3009 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Committee Amendment No. 1.

On motion of Senator Ellis and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

HB 3009 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 3009 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 HBi3009 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 85 ON SECOND READING

On motion of Senator Patrick and by unanimous consent, the regular order of business was suspended to take up for consideration HJRi85 at this time on its second reading:

HJR 85, Proposing a constitutional amendment to allow the legislature to provide for members of a governing board of an emergency services district to serve terms not to exceed four years.

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 85 ON THIRD READING

Senator Patrick moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HJRi85 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.

3600 81st Legislature — Regular Session 68th Day

HOUSE BILL 857 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 857 at this time on its second reading:

HB 857, Relating to the penalty for certain outdoor burning violations.

The bill was read second time.

Senator Estes offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 857 by striking SECTION 1 of the bill (page 1, lines 10-33), and substituting:

SECTIONi1.iiSection 7.187, Water Code, is amended to read as follows:

Sec.i7.187.iiPENALTIES. (a) Except as provided by Subsection (b), a [A] person convicted of an offense under this subchapter is punishable by:

(1)iia fine, as imposed under the section creating the offense, of:

(A)iinot more than $1,000;

(B)iinot less than $1,000 or more than $50,000;

(C)iinot less than $1,000 or more than $100,000;

(D)iinot less than $1,000 or more than $250,000;

(E)iinot less than $2,000 or more than $500,000;

(F)iinot less than $5,000 or more than $1,000,000;

(G)iinot less than $10,000 or more than $1,500,000; or

(H)iinot more than twice the amount of the required fee;

(2)iiconfinement for a period, as imposed by the section creating the offense, not to exceed:

(A)ii30 days;

(B)ii90 days;

(C)ii180 days;

(D)iione year;

(E)iitwo years;

(F)iifive years;

(G)ii10 years;

(H)ii15 years;

(I)ii20 years; or

(J)ii30 years; or

(3)iiboth fine and confinement, as imposed by the section creating the offense.

(b)iiNotwithstanding Section 7.177(a)(5), conviction for an offense under Section 382.018, Health and Safety Code, is punishable as:

(1)iiA Class C misdemeanor if the waste is not a substance described by Subdivision (3);

(2)iia Class B misdemeanor if the violation is a second or subsequent violation under Subdivision (1);

Wednesday, May 27, 2009 SENATE JOURNAL 3601

(3)iia Class A misdemeanor if the violation involves the burning of tires, insulation on electrical wire or cable, treated lumber, plastics, non-wood construction or demolition materials, heavy oils, asphaltic materials, potentially explosive materials, furniture, carpet, chemical wastes, or items containing natural or synthetic rubber.

The amendment to HB 857 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 Estes and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

HB 857 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 857 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 HBi857 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 3876 ON SECOND READING

On motion of Senator Harris and by unanimous consent, the regular order of business was suspended to take up for consideration HBi3876 at this time on its second reading:

HBi3876, Relating to certain enforcement actions alleging the failure to pay child support.

The bill was read second time.

Senator Harris offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3876 as follows:

(1)iiOn page 1, line 12, strike "adding Subsection (e)" and substitute "amending Subsection (d) and adding Subsection (e)".

(2)iiAdd the following on page 1, between lines 12 and 13:

(d)iiIf the court determines that a respondent has failed to make one or more periodic child support payments as ordered by the court, the [The] court may [not] find the [a] respondent in contempt of court regardless of whether [for failure to pay child support if] the respondent appears at the hearing with a copy of the payment record or other evidence [satisfactory to the court] showing that the respondent, as of the time of the hearing, is current in the payment of child support [as ordered by the court].

The amendment to HB 3876 was read and was adopted by a viva voce vote.

3602 81st Legislature — Regular Session 68th Day

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1.

Senator Wentworth offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 3876 (Senate committee printing) as follows:

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

SECTIONi____.iiSubsection (g), Section 157.312, Family Code, is amended to read as follows:

(g)iiA child support lien under this subchapter may not be directed to an employer in lieu of an order or writ under Chapter 158 to withhold child support from [attach to] the disposable earnings of an obligor [paid by the employer].

SECTIONi____.iiSection 157.314, Family Code, is amended by amending Subsection (d) and adding Subsection (e) to read as follows:

(d)iiIf a child support lien notice is delivered to a financial institution with respect to an account of the obligor, the institution shall immediately:

(1)iiprovide the claimant with the last known address of the obligor and disclose to the claimant the amount in the account at the time of receipt of the notice; and

(2)iinotify any other person having an ownership interest in the account that the account has been frozen in an amount not to exceed the amount of the child support arrearage identified in the notice.

(e)iiOn request, a financial institution to which a child support lien notice has been delivered shall provide the claimant with a statement showing all transactions involving the obligor's account that occurred from the date of receipt of the child support lien notice to the date of receipt of the request for information.

SECTIONi____.iiSection 157.324, Family Code, is amended to read as follows:

Sec.i157.324.iiLIABILITY FOR FAILURE TO COMPLY WITH ORDER OR LIEN. (a) A person who knowingly pays over, releases, sells, transfers, encumbers, conveys, or otherwise disposes of property subject to a child support lien or who, after a foreclosure hearing, fails to surrender on demand nonexempt personal property as directed by a court under this subchapter is liable to the claimant in an amount equal to the greater of two times the value of the property paid over, released, sold, transferred, encumbered, conveyed, or otherwise disposed of or not surrendered or $5,000, but not to exceed the amount of the child support arrearages for which the lien or foreclosure judgment was issued.

(b)iiA claimant may recover costs and reasonable attorney's fees incurred in an action under this section.

(c)iiFifty percent of the amount paid by a person to the claimant under Subsection (a) shall be credited against the child support arrearages owed by the obligor.

(d)iiA financial institution is not liable under this section for the disposition of assets in an account if the child support lien does not contain either the account number or the social security number of an account owner of record.

Wednesday, May 27, 2009 SENATE JOURNAL 3603

SECTIONi____.iiSubsections (b) and (f), Section 157.327, Family Code, are amended to read as follows:

(b)iiThe notice under this section must:

(1)iiidentify the amount of child support arrearages owing at the time the amount of arrearages was determined or, if the amount is less, the amount of arrearages owing at the time the notice is prepared and delivered to the financial institution; and

(2)iidirect the financial institution to pay to the claimant, not earlier than the 15th day or later than the 21st day after the date of delivery of the notice, an amount from the assets of the obligor or from funds due to the obligor at the time the levy is paid that are held or controlled by the institution or that should have been held or controlled by the institution, not to exceed the amount of the child support arrearages identified in the notice, unless:

(A)iithe institution is notified by the claimant that the obligor has paid the arrearages or made arrangements satisfactory to the claimant for the payment of the arrearages;

(B)iithe obligor or another person files, not later than the 10th day after the date of delivery of the notice required by Section 157.328, a suit under Section 157.323 requesting a hearing by the court; or

(C)iiif the claimant is the Title IV-D agency, the obligor has requested an agency review under Section 157.328.

(f)iiA financial institution may collect any fees and costs identified in Subsection (c) from the obligor but may not deduct those [the] fees and costs [identified in Subsection (c)] from the obligor's assets before paying the appropriate amount to the claimant.

SECTIONi____.iiSection 157.330, Family Code, is amended by amending Subsection (a) and adding Subsections (c) and (d) to read as follows:

(a)iiA person who possesses or has a right to property that is the subject of a notice of levy delivered to the person and who refuses or fails to timely surrender the property or right to property that should have been paid or delivered to the claimant on demand is liable to the claimant in an amount equal to the greater of two times the value of the property or right to property that should have been paid or delivered or $5,000, [not surrendered] but [that does] not to exceed the amount of the child support arrearages for which the notice of levy has been filed.

(c)iiFifty percent of the amount paid by a person to the claimant under Subsection (a) shall be credited against the child support arrearages owed by the obligor.

(d)iiA financial institution is not liable under this section for the disposition of assets in an account if the notice of levy does not contain either the account number or the social security number of an account owner of record.

SECTIONi____.iiSubchapter G, Chapter 157, Family Code, is amended by adding Section 157.332 to read as follows:

Sec.i157.332.iiLIEN AND LEVY ON CERTAIN THIRD-PARTY ASSETS. (a)iiIf a claimant has reason to believe that an obligor's financial assets have been directed to a depository account of another individual in an attempt to protect those

3604 81st Legislature — Regular Session 68th Day

(b)iiOn filing suit under this section, the claimant shall also deliver a child support lien notice under this subchapter to the financial institution in which the account is maintained. On receipt of the notice, the financial institution shall immediately:

(1)iifreeze all assets in the account, except for assets that exceed the amount of the child support arrearage identified in the notice, until a judicial determination is made in accordance with this section; and

(2)iiinform the account holder that the assets have been frozen and the account may not be closed until a judicial determination is made in accordance with this section.

(c)iiA child support lien notice required under Subsection (b) may be served on a financial institution in the manner authorized by Section 157.3145.

(d)iiExcept as otherwise provided by this section, the procedures provided by Subchapter B apply to a suit under this section. The obligor must be joined as an additional respondent.

(e)iiAfter providing notice to the obligor, the account holder, any other person alleging an ownership interest in the account, the claimant, and the obligee, the court shall hold a hearing to determine the extent, if any, to which the account contains assets owned by the obligor that are subject to a child support lien and levy under this subchapter. The hearing must be held not later than the 30th day after the date suit is filed under this section.

(f)iiIn the hearing required by Subsection (e), the claimant has the burden of proving the extent of the obligor's ownership interest in assets held in the account.

(g)iiFollowing the hearing required by Subsection (e):

(1)iiif the court determines that the account does not contain any of the obligor's assets that are subject to a child support lien and levy under this subchapter, the court shall:

(A)iiorder the release of the lien against the account; and

(B)iiprohibit any action to levy on the account; or

(2)iiif the court determines that the account contains any of the obligor's assets that are subject to a child support lien and levy under this subchapter, the court shall:

(A)iispecify the amount of assets in the account determined by the court to be the obligor's assets subject to a child support lien and levy under this subchapter; and

(B)iiorder that the amount specified under Paragraph (A) be applied against child support arrearages owed by the obligor.

(h)iiA financial institution that freezes assets under Subsection (b)(1) or surrenders assets in compliance with a court order under Subsection (g)(2) is not liable to the obligor, the account holder, or any other person for the assets frozen or surrendered.

(i)iiIn a suit filed under this section, the court may award attorney's fees and costs to the prevailing party.

Wednesday, May 27, 2009 SENATE JOURNAL 3605

SECTIONi____.iiSection 34.001, Civil Practice and Remedies Code, is amended by adding Subsection (c) to read as follows:

(c)iiThis section does not apply to a child support judgment or any other child support collection remedy authorized by the Family Code.

SECTIONi____.iiThe changes in law made by this Act to Section 157.312, Family Code, apply only to a child support lien notice filed on or after the effective date of this Act. A child support lien notice filed before the effective date of this Act is governed by the law in effect on the date the lien notice was filed, and the former law is continued in effect for that purpose.

SECTIONi____.iiThe changes in law made by this Act to Section 157.314 and Subsection (f), Section 157.327, Family Code, apply only to a financial institution that receives a lien notice or notice of levy under those sections on or after the effective date of this Act. A financial institution that receives a lien notice or notice of levy under those sections before the effective date of this Act is governed by the law in effect on the date the lien notice or notice of levy is received, and the former law is continued in effect for that purpose.

SECTIONi____.iiThe changes in law made by this Act to Section 34.001, Civil Practice and Remedies Code, apply to each child support judgment or collection remedy, regardless of the date on which the judgment is rendered or the remedy is sought.

(2)iiStrike SECTION 2 of the bill and substitute the following:

SECTIONi2.iiThe change in law made by this Act to Section 157.162, Family Code, applies only to a motion for enforcement that is filed on or after the effective date of this Act. A motion for enforcement filed before the effective date of this Act is governed by the law in effect immediately before that date, and the former law is continued in effect for that purpose.

The amendment to HB 3876 was read.

Senator Wentworth temporarily withdrew Floor Amendment No.i2.

Senator Watson offered the following amendment to the bill:

Floor Amendment No. 3

Amend HB 3876 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill as appropriate:

SECTIONi____.iiSection 231.202, Family Code, is amended to read as follows:

Sec.i231.202.iiAUTHORIZED COSTS AND FEES IN TITLE IV-D CASES.iiIn a Title IV-D case filed under this title, including a case filed under Chapter 159, the Title IV-D agency shall pay:

(1)iifiling fees and fees for issuance and service of process as provided by Chapter 110 of this code and by Sections 51.317, 51.318(b)(2), and 51.319(2), Government Code;

(2)iifees for transfer as provided by Chapter 110;

(3)iifees for the issuance and delivery of orders and writs of income withholding in the amounts provided by Chapter 110;

(4)iithe fee for services provided by [that] sheriffs and constables, including:

3606 81st Legislature — Regular Session 68th Day

(A)iia fee [are] authorized [to charge for serving process] under Section 118.131, Local Government Code, for serving each item of process to each individual on whom service is required, including service by certified or registered mail[, to be paid to a sheriff, constable, or clerk whenever service of process is required]; and

(B)iia fee authorized under Section 157.103(b) for serving a capias;

(5)iithe fee for filing an administrative writ of withholding under Section 158.503(d); [and]

(6)iithe fee for issuance of a subpoena as provided by Section 51.318(b)(1), Government Code; and

(7)iia fee authorized under a local rule for the electronic filing of documents with a clerk.

SECTIONi____.iiThe changes in law made in Section 231.202 by this Act apply to a suit affecting the parent-child relationship pending in a trial court on or filed on or after the effective date of this Act.

The amendment to HB 3876 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 Wentworth again offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 3876 (Senate committee printing) as follows:

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

SECTIONi____.iiSubsection (g), Section 157.312, Family Code, is amended to read as follows:

(g)iiA child support lien under this subchapter may not be directed to an employer in lieu of an order or writ under Chapter 158 to withhold child support from [attach to] the disposable earnings of an obligor [paid by the employer].

SECTIONi____.iiSection 157.314, Family Code, is amended by amending Subsection (d) and adding Subsection (e) to read as follows:

(d)iiIf a child support lien notice is delivered to a financial institution with respect to an account of the obligor, the institution shall immediately:

(1)iiprovide the claimant with the last known address of the obligor and disclose to the claimant the amount in the account at the time of receipt of the notice; and

(2)iinotify any other person having an ownership interest in the account that the account has been frozen in an amount not to exceed the amount of the child support arrearage identified in the notice.

(e)iiOn request, a financial institution to which a child support lien notice has been delivered shall provide the claimant with a statement showing all transactions involving the obligor's account that occurred from the date of receipt of the child support lien notice to the date of receipt of the request for information.

SECTIONi____.iiSection 157.324, Family Code, is amended to read as follows:

Wednesday, May 27, 2009 SENATE JOURNAL 3607

Sec.i157.324.iiLIABILITY FOR FAILURE TO COMPLY WITH ORDER OR LIEN. (a) A person who knowingly pays over, releases, sells, transfers, encumbers, conveys, or otherwise disposes of property subject to a child support lien or who, after a foreclosure hearing, fails to surrender on demand nonexempt personal property as directed by a court under this subchapter is liable to the claimant in an amount equal to the greater of two times the value of the property paid over, released, sold, transferred, encumbered, conveyed, or otherwise disposed of or not surrendered or $5,000, but not to exceed the amount of the child support arrearages for which the lien or foreclosure judgment was issued.

(b)iiA claimant may recover costs and reasonable attorney's fees incurred in an action under this section.

(c)iiFifty percent of the amount paid by a person to the claimant under Subsection (a) shall be credited against the child support arrearages owed by the obligor.

(d)iiA financial institution is not liable under this section for the disposition of assets in an account if the child support lien does not contain either the account number or the social security number of an account owner of record.

SECTIONi____.iiSubsections (b) and (f), Section 157.327, Family Code, are amended to read as follows:

(b)iiThe notice under this section must:

(1)iiidentify the amount of child support arrearages owing at the time the amount of arrearages was determined or, if the amount is less, the amount of arrearages owing at the time the notice is prepared and delivered to the financial institution; and

(2)iidirect the financial institution to pay to the claimant, not earlier than the 15th day or later than the 21st day after the date of delivery of the notice, an amount from the assets of the obligor or from funds due to the obligor at the time the levy is paid that are held or controlled by the institution or that should have been held or controlled by the institution, not to exceed the amount of the child support arrearages identified in the notice, unless:

(A)iithe institution is notified by the claimant that the obligor has paid the arrearages or made arrangements satisfactory to the claimant for the payment of the arrearages;

(B)iithe obligor or another person files, not later than the 10th day after the date of delivery of the notice required by Section 157.328, a suit under Section 157.323 requesting a hearing by the court; or

(C)iiif the claimant is the Title IV-D agency, the obligor has requested an agency review under Section 157.328.

(f)iiA financial institution may collect any fees and costs identified in Subsection (c) from the obligor but may not deduct those [the] fees and costs [identified in Subsection (c)] from the obligor's assets before paying the appropriate amount to the claimant.

SECTIONi____.iiSection 157.330, Family Code, is amended by amending Subsection (a) and adding Subsections (c) and (d) to read as follows:

3608 81st Legislature — Regular Session 68th Day

(a)iiA person who possesses or has a right to property that is the subject of a notice of levy delivered to the person and who refuses or fails to timely surrender the property or right to property that should have been paid or delivered to the claimant on demand is liable to the claimant in an amount equal to the greater of two times the value of the property or right to property that should have been paid or delivered or $5,000, [not surrendered] but [that does] not to exceed the amount of the child support arrearages for which the notice of levy has been filed.

(c)iiFifty percent of the amount paid by a person to the claimant under Subsection (a) shall be credited against the child support arrearages owed by the obligor.

(d)iiA financial institution is not liable under this section for the disposition of assets in an account if the notice of levy does not contain either the account number or the social security number of an account owner of record.

SECTIONi____.iiSubchapter G, Chapter 157, Family Code, is amended by adding Section 157.332 to read as follows:

Sec.i157.332.iiLIEN AND LEVY ON CERTAIN THIRD-PARTY ASSETS. (a)iiIf a claimant has reason to believe that an obligor's financial assets have been directed to a depository account of another individual in an attempt to protect those assets from a child support lien and levy under this subchapter, the claimant may file suit to obtain a judicial determination of the extent, if any, to which the account contains assets owned by the obligor.

(b)iiOn filing suit under this section, the claimant shall also deliver a child support lien notice under this subchapter to the financial institution in which the account is maintained. On receipt of the notice, the financial institution shall immediately:

(1)iifreeze all assets in the account, except for assets that exceed the amount of the child support arrearage identified in the notice, until a judicial determination is made in accordance with this section; and

(2)iiinform the account holder that the assets have been frozen and the account may not be closed until a judicial determination is made in accordance with this section.

(c)iiA child support lien notice required under Subsection (b) may be served on a financial institution in the manner authorized by Section 157.3145.

(d)iiExcept as otherwise provided by this section, the procedures provided by Subchapter B apply to a suit under this section. The obligor must be joined as an additional respondent.

(e)iiAfter providing notice to the obligor, the account holder, any other person alleging an ownership interest in the account, the claimant, and the obligee, the court shall hold a hearing to determine the extent, if any, to which the account contains assets owned by the obligor that are subject to a child support lien and levy under this subchapter. The hearing must be held not later than the 30th day after the date suit is filed under this section.

(f)iiIn the hearing required by Subsection (e), the claimant has the burden of proving the extent of the obligor's ownership interest in assets held in the account.

(g)iiFollowing the hearing required by Subsection (e):

Wednesday, May 27, 2009 SENATE JOURNAL 3609

(1)iiif the court determines that the account does not contain any of the obligor's assets that are subject to a child support lien and levy under this subchapter, the court shall:

(A)iiorder the release of the lien against the account; and

(B)iiprohibit any action to levy on the account; or

(2)iiif the court determines that the account contains any of the obligor's assets that are subject to a child support lien and levy under this subchapter, the court shall:

(A)iispecify the amount of assets in the account determined by the court to be the obligor's assets subject to a child support lien and levy under this subchapter; and

(B)iiorder that the amount specified under Paragraph (A) be applied against child support arrearages owed by the obligor.

(h)iiA financial institution that freezes assets under Subsection (b)(1) or surrenders assets in compliance with a court order under Subsection (g)(2) is not liable to the obligor, the account holder, or any other person for the assets frozen or surrendered.

(i)iiIn a suit filed under this section, the court may award attorney's fees and costs to the prevailing party.

SECTIONi____.iiSection 34.001, Civil Practice and Remedies Code, is amended by adding Subsection (c) to read as follows:

(c)iiThis section does not apply to a child support judgment or any other child support collection remedy authorized by the Family Code.

SECTIONi____.iiThe changes in law made by this Act to Section 157.312, Family Code, apply only to a child support lien notice filed on or after the effective date of this Act. A child support lien notice filed before the effective date of this Act is governed by the law in effect on the date the lien notice was filed, and the former law is continued in effect for that purpose.

SECTIONi____.iiThe changes in law made by this Act to Section 157.314 and Subsection (f), Section 157.327, Family Code, apply only to a financial institution that receives a lien notice or notice of levy under those sections on or after the effective date of this Act. A financial institution that receives a lien notice or notice of levy under those sections before the effective date of this Act is governed by the law in effect on the date the lien notice or notice of levy is received, and the former law is continued in effect for that purpose.

SECTIONi____.iiThe changes in law made by this Act to Section 34.001, Civil Practice and Remedies Code, apply to each child support judgment or collection remedy, regardless of the date on which the judgment is rendered or the remedy is sought.

(2)iiStrike SECTION 2 of the bill and substitute the following:

SECTIONi2.iiThe change in law made by this Act to Section 157.162, Family Code, applies only to a motion for enforcement that is filed on or after the effective date of this Act. A motion for enforcement filed before the effective date of this Act is governed by the law in effect immediately before that date, and the former law is continued in effect for that purpose.

3610 81st Legislature — Regular Session 68th Day

The amendment to HB 3876 was again 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 Harris and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

HB 3876 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 3876 ON THIRD READING

Senator Harris moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi3876 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 4031 ON SECOND READING

On motion of Senator Seliger and by unanimous consent, the regular order of business was suspended to take up for consideration HB 4031 at this time on its second reading:

HB 4031, Relating to the agricultural biomass and landfill diversion incentive program.

The bill was read second time.

Senator Seliger offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend HB 4031 (engrossed version) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi____.iiSection 22.004(c), Agriculture Code, is amended to read as follows:

(c)iiMoney in the account may be appropriated only to the department for the purpose of implementing, [and] maintaining, and administering the agricultural biomass and landfill diversion incentive program.

SECTIONi____.iiThe heading to Section 22.005, Agriculture Code, is amended to read as follows:

Sec.i22.005.iiLIMITATION ON GRANT AMOUNT; SCHEDULE OF PAYMENTS.

SECTIONi____.iiSection 22.005, Agriculture Code, is amended by adding Subsection (c) to read as follows:

(c)iiOn a determination that money in the agricultural biomass and landfill diversion incentive account is insufficient to pay reimbursements under Section 22.003 or grants under Section 22.006, the department, in consultation with interested

Wednesday, May 27, 2009 SENATE JOURNAL 3611

(1)iieffect on wages and job creation or job retention;

(2)iilevel of capital investment; and

(3)iieffect on the local economy and the economy of this state.

The amendment to HB 4031 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Committee Amendment No. 1.

On motion of Senator Seliger and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

HB 4031 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 4031 ON THIRD READING

Senator Seliger moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi4031 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 1322 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 1322 at this time on its second reading:

HB 1322, Relating to the establishment of an online resource for teachers of students with special health needs.

The bill was read second time.

Senator Davis offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 1322 (Senate committee printing) by adding the following SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi____.ii(a) Section 32.101, Insurance Code, is amended to read as follows:

Sec.i32.101.iiAPPLICABILITY OF SUBCHAPTER. (a) This subchapter applies to insurers who comprise the top 25 insurance groups in the national market and who issue residential property insurance or personal automobile insurance policies in this state, including a Lloyd's plan, a reciprocal or interinsurance exchange, a county

3612 81st Legislature — Regular Session 68th Day

(b)iiThis subchapter applies to an issuer of a health benefit plan described by Section 544.301, as added by Chapter 748 (H.B. 2810), Acts of the 79th Legislature, Regular Session, 2005.

(b)iiThis section takes effect only if the Act of the 81st Legislature, Regular Session, 2009, relating to nonsubstantive additions to and corrections in enacted codes does not become law.

SECTIONi____.ii(a) Section 32.101, Insurance Code, is amended to read as follows:

Sec.i32.101.iiAPPLICABILITY OF SUBCHAPTER. (a) This subchapter applies to insurers who comprise the top 25 insurance groups in the national market and who issue residential property insurance or personal automobile insurance policies in this state, including a Lloyd's plan, a reciprocal or interinsurance exchange, a county mutual insurance company, a farm mutual insurance company, the Texas Windstorm Insurance Association, the FAIR Plan Association, and the Texas Automobile Insurance Plan Association.

(b)iiThis subchapter applies to an issuer of a health benefit plan described by Section 544.501.

(b)iiThis section takes effect only if the Act of the 81st Legislature, Regular Session, 2009, relating to nonsubstantive additions to and corrections in enacted codes becomes law.

SECTIONi____.iiSection 32.102(a), Insurance Code, is amended to read as follows:

(a)iiThe department, in conjunction with the office of public insurance counsel, shall establish and maintain a single Internet website that provides information to enable consumers to make informed decisions relating to the purchase of health insurance, residential property insurance, and personal automobile insurance. The website must include:

(1)iia description of each type of residential property insurance policy and personal automobile insurance policy issued in this state, including a comparison of the coverage, exclusions, and restrictions of each policy that allows a side-by-side comparison of the features of the policy forms;

(2)iia listing of each insurer writing residential property insurance or personal automobile insurance in this state, indexed by each county or zip code in which the insurer is actively writing that insurance, and a profile of the insurer that includes:

(A)iicontact information for the insurer, including the insurer's full name, address, and telephone number and the insurer's fax number and e-mail address, if available;

(B)iiinformation on rates charged by the insurer, including:

(i)iisample rates for different policyholder profiles in each county or zip code; and

(ii)iithe percentage by which the sample rate has fallen or risen due to filings in the previous 12, 24, and 36 months;

Wednesday, May 27, 2009 SENATE JOURNAL 3613

(C)iia list of policy forms, exclusions, endorsements, and discounts offered by the insurer;

(D)iian indication of whether the insurer uses credit scoring in underwriting, rating, or tiering, and a link to the insurer's credit model or a link explaining how to request the insurer's credit model;

(E)iithe insurer's financial rating determined by A. M. Best or similar rating organization and an explanation of the meaning and importance of the rating;

(F)iia complaint ratio or similar complaint rating system for the insurer for each of the previous three years and an explanation of the meaning of the rating system; and

(G)iiinformation, other than information made confidential by law, on the insurer's regulatory and administrative experience with the department, the office of public insurance counsel, and insurance regulatory authorities in other states; [and]

(3)iiif feasible, as determined by the commissioner and the public insurance counsel:

(A)iia side-by-side comparison of credit scoring models, including factors, key variables, and weights, of residential property insurers in this state; and

(B)iia side-by-side comparison of credit scoring models, including factors, key variables, and weights, of private passenger automobile insurers in this state; and

(4)iiin the manner prescribed by the commissioner by rule, contact information for individual health benefit plans as necessary for consumers to obtain additional rate information regarding a plan and a comparison of information about health benefit plans, including information regarding a plan's:

(A)iiannual deductibles;

(B)iiout-of-pocket maximums;

(C)iioffice visit copayments, listed separately for primary care providers and specialists;

(D)iiprescription copayments, listed by generic and brand name medications;

(E)iiprescription deductibles;

(F)iilifetime maximum coverage;

(G)iimaternity coverage included;

(H)iiemergency room visit copayments;

(I)iicovered days for inpatient mental health;

(J)iioutpatient surgery copayments; and

(K)iiinpatient cost sharing.

The amendment to HB 1322 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.

3614 81st Legislature — Regular Session 68th Day

Senator Shapiro offered the following amendment to the bill:

Floor Amendment No. 2

Amend HB 1322 (Senate committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____.iiAmend Chapter 264, Family Code, is by adding Subchapter K to read as follows:

SUBCHAPTER K. ONLINE RESOURCE CENTER

Sec.i264.821.iiDEFINITIONS. In this subchapter:

(1)ii"Communications tool" means an online method for peer-to-peer communication among individuals who handle child abuse and neglect cases.

(2)ii"Office" means the Office of Court Administration of the Texas Judicial System.

(3)ii"Online resource center" means a single interactive Internet website that provides, to individuals who handle child abuse and neglect cases, timely informational materials pertinent to child abuse and neglect cases in this state, which may include summaries of Texas cases and statutes relating to child abuse and neglect, sample briefs and other legal forms, articles and papers, manuals with information on Texas legal practice and practice tips, a conference calendar, and communications tools.

Sec.i264.822.iiCONTRACT. (a)iiThe office shall contract with an entity to provide an online resource center if:

(1)iithe office is specifically appropriated money in an amount adequate to provide the online resource center; and

(2)iithere is a qualified entity with whom the office is able to contract.

(b)iiThe online resource center must:

(1)iiprovide a means of searching for informational materials by subject; and

(2)iiinclude a:

(A)iicommunications tool for judges; and

(B)iicommunications tool for attorneys.

(c)iiThe contract under this section must prohibit the entity with which the office contracts from spending more than 12 percent of the contract price on the entity's indirect or administrative overhead expenses.

(d)iiIf the office does not enter into a contract in accordance with this subchapter, the office may not receive the funds appropriated to the office in connection with this subchapter.

Sec.i264.823.iiELIGIBILITY FOR CONTRACT. The entity with which the office contracts under this subchapter must:

(1)iihave experience in operating an online resource center specifically designed for judges and attorneys handling child abuse and neglect cases in this state;

(2)iihave experience in providing a communications tool; and

(3)iiemploy or contract with at least one attorney who is licensed to practice law in this state and who specializes in child abuse and neglect cases to compile the materials for and oversee the operation of the online resource center.

Wednesday, May 27, 2009 SENATE JOURNAL 3615

Sec.i264.824.iiFUNDING. (a)iiThe entity with which the office contracts under this subchapter may obtain funding from private foundations and individuals, from state and federal grants, and from any other source to operate the online resource center.

(b)iiThe entity must maintain and provide to the office records that adequately identify:

(1)iieach person who provided funds to the entity to operate the online resource center; and

(2)iithe amount of funds the person provided.

Sec.i264.825.iiCONFIDENTIALITY. All communications conducted through a communications tool provided in connection with the online resource center implemented under this subchapter are privileged and confidential.

SECTIONi___.iiThis Act does not make an appropriation. A provision in this Act that creates a new governmental program, creates a new entitlement, or imposes a new duty on a governmental entity is not mandatory during a fiscal period for which the legislature has not made a specific appropriation to implement the provision.

SECTIONi___.iiThis Act takes effect September 1, 2009.

The amendment to HB 1322 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 Watson and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

HB 1322 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 1322 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 HBi1322 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 132 ON SECOND READING

On motion of Senator Wentworth and by unanimous consent, the regular order of business was suspended to take up for consideration HJRi132 at this time on its second reading:

HJR 132, Proposing a constitutional amendment relating to the financing, including through tax increment financing, of the acquisition by municipalities and counties of buffer areas or open spaces adjacent to a military installation for certain purposes.

The resolution was read second time and was passed to third reading by the following vote:iiYeasi31, Naysi0.

3616 81st Legislature — Regular Session 68th Day

HOUSE JOINT RESOLUTION 132 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 HJRi132 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.

VOTE RECONSIDERED ON
HOUSE BILL 3907

On motion of Senator Whitmire and by unanimous consent, the vote by which HBi3907 was finally passed was reconsidered:

HBi3907, Relating to the court-ordered administration of psychoactive medication to certain criminal defendants and to the release of those defendants from certain facilities.

Question — Shall HB 3907 be finally passed?

Senator Zaffirini offered the following amendment to the bill:

Floor Amendment No. 1 on Third Reading

Amend HB 3907 (Senate committee printing) on third reading by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTIONi____.ii(a) Section 592.038, Health and Safety Code, is amended by adding Subsection (d) to read as follows:

(d)iiEach client has the right to refuse psychoactive medication, as provided by Subchapter E.

(b)iiSubsection (b), Section 592.054, Health and Safety Code, is amended to read as follows:

(b)iiNotwithstanding Subsection (a), consent is required for:

(1)iiall surgical procedures; and

(2)iias provided by Section 592.083, the administration of psychoactive medications.

(c)iiChapter 592, Health and Safety Code, is amended by adding Subchapter E to read as follows:

SUBCHAPTER E. ADMINISTRATION OF PSYCHOACTIVE MEDICATIONS

Sec.i592.081.iiDEFINITIONS. In this subchapter:

(1)ii"Capacity" means a client's ability to:

(A)iiunderstand the nature and consequences of a proposed treatment, including the benefits, risks, and alternatives to the proposed treatment; and

(B)iimake a decision whether to undergo the proposed treatment.

(2)ii"Medication-related emergency" means a situation in which it is immediately necessary to administer medication to a client to prevent:

(A)iiimminent probable death or substantial bodily harm to the client because the client:

Wednesday, May 27, 2009 SENATE JOURNAL 3617

(i)iiovertly or continually is threatening or attempting to commit suicide or serious bodily harm; or

(ii)iiis behaving in a manner that indicates that the client is unable to satisfy the client's need for nourishment, essential medical care, or self-protection; or

(B)iiimminent physical or emotional harm to another because of threats, attempts, or other acts the client overtly or continually makes or commits.

(3)ii"Psychoactive medication" means a medication prescribed for the treatment of symptoms of psychosis or other severe mental or emotional disorders and that is used to exercise an effect on the central nervous system to influence and modify behavior, cognition, or the affective state when treating the symptoms of mental illness. "Psychoactive medication" includes the following categories when used as described in this subdivision:

(A)iiantipsychotics or neuroleptics;

(B)iiantidepressants;

(C)iiagents for control of mania or depression;

(D)iiantianxiety agents;

(E)iisedatives, hypnotics, or other sleep-promoting drugs; and

(F)iipsychomotor stimulants.

Sec.i592.082.iiADMINISTRATION OF PSYCHOACTIVE MEDICATION. (a)iiA person may not administer a psychoactive medication to a client receiving voluntary or involuntary residential care services who refuses the administration unless:

(1)iithe client is having a medication-related emergency;

(2)iithe refusing client's representative authorized by law to consent on behalf of the client has consented to the administration;

(3)iithe administration of the medication regardless of the client's refusal is authorized by an order issued under Section 592.086; or

(4)iithe administration of the medication regardless of the client's refusal is authorized by an order issued under Article 46B.086, Code of Criminal Procedure.

(b)iiConsent to the administration of psychoactive medication given by a client or by a person authorized by law to consent on behalf of the client is valid only if:

(1)iithe consent is given voluntarily and without coercive or undue influence;

(2)iithe treating physician or a person designated by the physician provides the following information, in a standard format approved by the department, to the client and, if applicable, to the client's representative authorized by law to consent on behalf of the client:

(A)iithe specific condition to be treated;

(B)iithe beneficial effects on that condition expected from the medication;

(C)iithe probable health care consequences of not consenting to the medication;

(D)iithe probable clinically significant side effects and risks associated with the medication;

(E)iithe generally accepted alternatives to the medication, if any, and why the physician recommends that they be rejected; and

3618 81st Legislature — Regular Session 68th Day

(F)iithe proposed course of the medication;

(3)iithe client and, if appropriate, the client's representative authorized by law to consent on behalf of the client are informed in writing that consent may be revoked; and

(4)iithe consent is evidenced in the client's clinical record by a signed form prescribed by the residential care facility or by a statement of the treating physician or a person designated by the physician that documents that consent was given by the appropriate person and the circumstances under which the consent was obtained.

(c)iiIf the treating physician designates another person to provide the information under Subsection (b), then, not later than two working days after that person provides the information, excluding weekends and legal holidays, the physician shall meet with the client and, if appropriate, the client's representative who provided the consent, to review the information and answer any questions.

(d)iiA client's refusal or attempt to refuse to receive psychoactive medication, whether given verbally or by other indications or means, shall be documented in the client's clinical record.

(e)iiIn prescribing psychoactive medication, a treating physician shall:

(1)iiprescribe, consistent with clinically appropriate medical care, the medication that has the fewest side effects or the least potential for adverse side effects, unless the class of medication has been demonstrated or justified not to be effective clinically; and

(2)iiadminister the smallest therapeutically acceptable dosages of medication for the client's condition.

(f)iiIf a physician issues an order to administer psychoactive medication to a client without the client's consent because the client is having a medication-related emergency:

(1)iithe physician shall document in the client's clinical record in specific medical or behavioral terms the necessity of the order and that the physician has evaluated but rejected other generally accepted, less intrusive forms of treatment, if any; and

(2)iitreatment of the client with the psychoactive medication shall be provided in the manner, consistent with clinically appropriate medical care, least restrictive of the client's personal liberty.

Sec.i592.083.iiADMINISTRATION OF MEDICATION TO CLIENT COMMITTED TO RESIDENTIAL CARE FACILITY. (a)iiIn this section, "ward" has the meaning assigned by Section 601, Texas Probate Code.

(b)iiA person may not administer a psychoactive medication to a client who refuses to take the medication voluntarily unless:

(1)iithe client is having a medication-related emergency;

(2)iithe client is under an order issued under Section 592.086 authorizing the administration of the medication regardless of the client's refusal; or

(3)iithe client is a ward who is 18 years of age or older and the guardian of the person of the ward consents to the administration of psychoactive medication regardless of the ward's expressed preferences regarding treatment with psychoactive medication.

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Sec.i592.084.iiPHYSICIAN'S APPLICATION FOR ORDER TO AUTHORIZE PSYCHOACTIVE MEDICATION; DATE OF HEARING. (a)iiA physician who is treating a client may file an application in a probate court or a court with probate jurisdiction on behalf of the state for an order to authorize the administration of a psychoactive medication regardless of the client's refusal if:

(1)iithe physician believes that the client lacks the capacity to make a decision regarding the administration of the psychoactive medication;

(2)iithe physician determines that the medication is the proper course of treatment for the client; and

(3)iithe client has been committed to a residential care facility under Subchapter C, Chapter 593, or other law or an application for commitment to a residential care facility under Subchapter C, Chapter 593, has been filed for the client.

(b)iiAn application filed under this section must state:

(1)iithat the physician believes that the client lacks the capacity to make a decision regarding administration of the psychoactive medication and the reasons for that belief;

(2)iieach medication the physician wants the court to compel the client to take;

(3)iiwhether an application for commitment to a residential care facility under Subchapter C, Chapter 593, has been filed;

(4)iiwhether an order committing the client to a residential care facility has been issued and, if so, under what authority it was issued;

(5)iithe physician's diagnosis of the client; and

(6)iithe proposed method for administering the medication and, if the method is not customary, an explanation justifying the departure from the customary methods.

(c)iiAn application filed under this section must be filed separately from an application for commitment to a residential care facility.

(d)iiThe hearing on the application may be held on the same date as a hearing on an application for commitment to a residential care facility under Subchapter C, Chapter 593, but the hearing must be held not later than 30 days after the filing of the application for the order to authorize psychoactive medication. If the hearing is not held on the same date as the application for commitment to a residential care facility under Subchapter C, Chapter 593, and the client is transferred to a residential care facility in another county, the court may transfer the application for an order to authorize psychoactive medication to the county where the client has been transferred.

(e)iiSubject to the requirement in Subsection (d) that the hearing shall be held not later than 30 days after the filing of the application, the court may grant one continuance on a party's motion and for good cause shown. The court may grant more than one continuance only with the agreement of the parties.

Sec.i592.085.iiRIGHTS OF CLIENT. A client for whom an application for an order to authorize the administration of a psychoactive medication is filed is entitled:

(1)iito be represented by a court-appointed attorney who is knowledgeable about issues to be adjudicated at the hearing;

(2)iito meet with that attorney as soon as is practicable to prepare for the hearing and to discuss any of the client's questions or concerns;

3620 81st Legislature — Regular Session 68th Day

(3)iito receive, immediately after the time of the hearing is set, a copy of the application and written notice of the time, place, and date of the hearing;

(4)iito be informed, at the time personal notice of the hearing is given, of the client's right to a hearing and right to the assistance of an attorney to prepare for the hearing and to answer any questions or concerns;

(5)iito be present at the hearing;

(6)iito request from the court an independent expert; and

(7)iito be notified orally, at the conclusion of the hearing, of the court's determinations of the client's capacity and best interest.

Sec.i592.086.iiHEARING AND ORDER AUTHORIZING PSYCHOACTIVE MEDICATION. (a)iiThe court may issue an order authorizing the administration of one or more classes of psychoactive medication to a client who:

(1)iihas been committed to a residential care facility; or

(2)iiis in custody awaiting trial in a criminal proceeding and was committed to a residential care facility in the six months preceding a hearing under this section.

(b)iiThe court may issue an order under this section only if the court finds by clear and convincing evidence after the hearing:

(1)iithat the client lacks the capacity to make a decision regarding the administration of the proposed medication and that treatment with the proposed medication is in the best interest of the client; or

(2)iiif the client was committed to a residential care facility by a criminal court with jurisdiction over the client, that:

(A)iithe client presents a danger to the client or others in the residential care facility in which the client is being treated as a result of a mental disorder or mental defect as determined under Section 592.087; and

(B)iitreatment with the proposed medication is in the best interest of the client.

(c)iiIn making the finding that treatment with the proposed medication is in the best interest of the client, the court shall consider:

(1)iithe client's expressed preferences regarding treatment with psychoactive medication;

(2)iithe client's religious beliefs;

(3)iithe risks and benefits, from the perspective of the client, of taking psychoactive medication;

(4)iithe consequences to the client if the psychoactive medication is not administered;

(5)iithe prognosis for the client if the client is treated with psychoactive medication;

(6)iialternative, less intrusive treatments that are likely to produce the same results as treatment with psychoactive medication; and

(7)iiless intrusive treatments likely to secure the client's consent to take the psychoactive medication.

(d)iiA hearing under this subchapter shall be conducted on the record by the probate judge or judge with probate jurisdiction, except as provided by Subsection (e).

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(e)iiA judge may refer a hearing to a magistrate or court-appointed master who has training regarding psychoactive medications. The magistrate or master may effectuate the notice, set hearing dates, and appoint attorneys as required by this subchapter. A record is not required if the hearing is held by a magistrate or court-appointed master.

(f)iiA party is entitled to a hearing de novo by the judge if an appeal of the magistrate's or master's report is filed with the court before the fourth day after the date the report is issued. The hearing de novo shall be held not later than the 30th day after the date the application for an order to authorize psychoactive medication was filed.

(g)iiIf a hearing or an appeal of a master's or magistrate's report is to be held in a county court in which the judge is not a licensed attorney, the proposed client or the proposed client's attorney may request that the proceeding be transferred to a court with a judge who is licensed to practice law in this state. The county judge shall transfer the case after receiving the request, and the receiving court shall hear the case as if it had been originally filed in that court.

(h)iiAs soon as practicable after the conclusion of the hearing, the client is entitled to have provided to the client and the client's attorney written notification of the court's determinations under this section. The notification shall include a statement of the evidence on which the court relied and the reasons for the court's determinations.

(i)iiAn order entered under this section shall authorize the administration to a client, regardless of the client's refusal, of one or more classes of psychoactive medications specified in the application and consistent with the client's diagnosis. The order shall permit an increase or decrease in a medication's dosage, restitution of medication authorized but discontinued during the period the order is valid, or the substitution of a medication within the same class.

(j)iiThe classes of psychoactive medications in the order must conform to classes determined by the department.

(k)iiAn order issued under this section may be reauthorized or modified on the petition of a party. The order remains in effect pending action on a petition for reauthorization or modification. For the purpose of this subsection, "modification" means a change of a class of medication authorized in the order.

Sec.i592.087.iiFINDING THAT CLIENT PRESENTS A DANGER. In making a finding under Section 592.086(b)(2) that the client presents a danger to the client or others in the residential care facility in which the client is being treated as a result of a mental disorder or mental defect the court shall consider:

(1)iian assessment of the client's present mental condition; and

(2)iiwhether the client has inflicted, attempted to inflict, or made a serious threat of inflicting substantial physical harm to the client's self or to another while in the facility.

Sec.i592.088.iiAPPEAL. (a)iiA client may appeal an order under this subchapter in the manner provided by Section 593.056 for an appeal of an order committing the client to a residential care facility.

(b)iiAn order authorizing the administration of medication regardless of the refusal of the client is effective pending an appeal of the order.

3622 81st Legislature — Regular Session 68th Day

Sec.i592.089.iiEFFECT OF ORDER. (a)iiA person's consent to take a psychoactive medication is not valid and may not be relied on if the person is subject to an order issued under Section 592.086.

(b)iiThe issuance of an order under Section 592.086 is not a determination or adjudication of mental incompetency and does not limit in any other respect that person's rights as a citizen or the person's property rights or legal capacity.

Sec.i592.090.iiEXPIRATION OF ORDER. (a)iiExcept as provided by Subsection (b), an order issued under Section 592.086 expires on the anniversary of the date the order was issued.

(b)iiAn order issued under Section 592.086 for a client awaiting trial in a criminal proceeding expires on the date the defendant is acquitted, is convicted, or enters a plea of guilty or the date on which charges in the case are dismissed. An order continued under this subsection shall be reviewed by the issuing court every six months.

(d)iiSubsections (a) and (b), Article 46B.086, Code of Criminal Procedure, are amended to read as follows:

(a)iiThis article applies only to a defendant:

(1)iiwho is determined under this chapter to be incompetent to stand trial;

(2)iifor whom an inpatient mental health facility, residential care facility, or outpatient treatment program provider has prepared a continuity of care plan that requires the defendant to take psychoactive medications; and

(3)iiwho, after a hearing held under Section 574.106 or 592.086, Health and Safety Code, has been found not to meet the criteria prescribed by Sections 574.106(a) and (a-1), or Sections 592.086(a) and (b), Health and Safety Code, for court-ordered administration of psychoactive medications; or

(4)iiwho is subject to Article 46B.072.

(b)iiIf a defendant described by Subsection (a) refuses to take psychoactive medications as required by the defendant's continuity of care plan, the director of the correctional facility or outpatient treatment provider shall notify the court in which the criminal proceedings are pending of that fact not later than the end of the next business day following the refusal. The court shall promptly notify the attorney representing the state and the attorney representing the defendant of the defendant's refusal. The attorney representing the state may file a written motion to compel medication. The motion to compel medication must be filed not later than the 15th day after the date a judge issues an order stating that the defendant does not meet the criteria for court-ordered administration of psychoactive medications under Section 574.106 or 592.086, Health and Safety Code. The motion to compel medication for a defendant in an outpatient treatment program may be filed at any time.

(e)iiNotwithstanding any other provision of this Act, this section takes effect September 1, 2009.

The amendment to HB 3907 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.

Wednesday, May 27, 2009 SENATE JOURNAL 3623

On motion of Senator Whitmire and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

HB 3907 as amended was again finally passed by the following vote:iiYeasi31, Naysi0.

COMMITTEEiiSUBSTITUTE
HOUSE BILL 3479 ON SECOND READING

On motion of Senator Uresti and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 3479 at this time on its second reading:

CSHB 3479, Relating to filing of instruments conveying real property in certain counties.

The bill was read second time.

Senator West offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 3479 (Senate committee printing) by adding the following SECTIONS and renumbering subsequent SECTIONS accordingly:

SECTIONi____.iiSection 209.010, Property Code, is amended by amending Subsections (a) and (b) and adding Subsections (b-1) and (b-2) to read as follows:

(a)iiA property owners' association that conducts a foreclosure sale of an owner's lot must send to the lot owner and to each lienholder of record, not later than the 30th day after the date of the foreclosure sale, a written notice stating the date and time the sale occurred and informing the lot owner and each lienholder of record of the [owner's] right of the lot owner and lienholder to redeem the property under Section 209.011.

(b)iiThe notice must be sent by certified mail, return receipt requested, to:

(1)iithe lot owner's last known mailing address, as reflected in the records of the property owners' association;

(2)iithe address of each holder of a lien on the property subject to foreclosure evidenced by the most recent deed of trust filed of record in the real property records of the county in which the property is located; and

(3)iithe address of each transferee or assignee of a deed of trust described by Subdivision (2) who has provided notice to a property owners' association of such assignment or transfer. Notice provided by a transferee or assignee to a property owners' association shall be in writing, shall contain the mailing address of the transferee or assignee, and shall be mailed by certified mail, return receipt requested, or United States mail with signature confirmation to the property owners' association according to the mailing address of the property owners' association pursuant to the most recent management certificate filed of record pursuant to Section 209.004.

(b-1)iiIf a recorded instrument does not include an address for the lienholder, the association does not have a duty to notify the lienholder as provided by this section.

(b-2)iiFor purposes of this section, the lot owner is deemed to have given approval for the association to notify the lienholder.

3624 81st Legislature — Regular Session 68th Day

SECTIONi____.iiSubsections (b), (d), (e), (f), (g), (h), (j), (k), (m), (n), and (p), Section 209.011, Property Code, are amended to read as follows:

(b)iiThe owner of property in a residential subdivision or a lienholder of record may redeem the property from any purchaser at a sale foreclosing a property owners' association's assessment lien not later than the 180th day after the date the association mails written notice of the sale to the owner and the lienholder under Section 209.010. A lienholder of record may not redeem the property as provided herein before 90 days after the date the association mails written notice of the sale to the lot owner and the lienholder under Section 209.010, and only if the lot owner has not previously redeemed.

(d)iiTo redeem property purchased by the property owners' association at the foreclosure sale, the lot owner or lienholder must pay to the association:

(1)iiall amounts due the association at the time of the foreclosure sale;

(2)iiinterest from the date of the foreclosure sale to the date of redemption on all amounts owed the association at the rate stated in the dedicatory instruments for delinquent assessments or, if no rate is stated, at an annual interest rate of 10 percent;

(3)iicosts incurred by the association in foreclosing the lien and conveying the property to the [redeeming] lot owner, including reasonable attorney's fees;

(4)iiany assessment levied against the property by the association after the date of the foreclosure sale;

(5)iiany reasonable cost incurred by the association, including mortgage payments and costs of repair, maintenance, and leasing of the property; and

(6)iithe purchase price paid by the association at the foreclosure sale less any amounts due the association under Subdivision (1) that were satisfied out of foreclosure sale proceeds.

(e)iiTo redeem property purchased at the foreclosure sale by a person other than the property owners' association, the lot owner or lienholder:

(1)iimust pay to the association:

(A)iiall amounts due the association at the time of the foreclosure sale less the foreclosure sales price received by the association from the purchaser;

(B)iiinterest from the date of the foreclosure sale through the date of redemption on all amounts owed the association at the rate stated in the dedicatory instruments for delinquent assessments or, if no rate is stated, at an annual interest rate of 10 percent;

(C)iicosts incurred by the association in foreclosing the lien and conveying the property to the redeeming lot owner, including reasonable attorney's fees;

(D)iiany unpaid assessments levied against the property by the association after the date of the foreclosure sale; and

(E)iitaxable costs incurred in a proceeding brought under Subsection (a); and

(2)iimust pay to the person who purchased the property at the foreclosure sale:

(A)iiany assessments levied against the property by the association after the date of the foreclosure sale and paid by the purchaser;

Wednesday, May 27, 2009 SENATE JOURNAL 3625

(B)iithe purchase price paid by the purchaser at the foreclosure sale;

(C)iithe amount of the deed recording fee;

(D)iithe amount paid by the purchaser as ad valorem taxes, penalties, and interest on the property after the date of the foreclosure sale; and

(E)iitaxable costs incurred in a proceeding brought under Subsection (a).

(f)iiIf a lot owner or lienholder redeems the property under this section, the purchaser of the property at foreclosure shall immediately execute and deliver to the redeeming party [owner] a deed transferring the property to the [redeeming] lot owner. If a purchaser fails to comply with this section, the lot owner or lienholder may file an [a cause of] action against the purchaser and may recover reasonable attorney's fees from the purchaser if the lot owner or the lienholder is the prevailing party in the action.

(g)iiIf, before the expiration of the redemption period, the redeeming lot owner or lienholder fails to record the deed from the foreclosing purchaser or fails to record an affidavit stating that the lot owner or lienholder has redeemed the property, the lot owner's or lienholder's right of redemption as against a bona fide purchaser or lender for value expires after the redemption period.

(h)iiThe purchaser of the property at the foreclosure sale or a person to whom the person who purchased the property at the foreclosure sale transferred the property may presume conclusively that the lot owner or a lienholder did not redeem the property unless the lot owner or a lienholder files in the real property records of the county in which the property is located:

(1)iia deed from the purchaser of the property at the foreclosure sale; or

(2)iian affidavit that:

(A)iistates that the property [lot owner] has been redeemed [the property]; [and]

(B)iicontains a legal description of the property; and

(C)iiincludes the name and mailing address of the person who redeemed the property.

(j)iiIf a person other than the property owners' association is the purchaser at the foreclosure sale, before executing a deed transferring the property to the [redeeming] lot owner, the purchaser shall obtain an affidavit from the association or its authorized agent stating that all amounts owed the association under Subsection (e) have been paid. The association shall provide the purchaser with the affidavit not later than the 10th day after the date the association receives all amounts owed to the association under Subsection (e). Failure of a purchaser to comply with this subsection does not affect the validity of a redemption [by a redeeming lot owner].

(k)iiProperty that is redeemed remains subject to all liens and encumbrances on the property before foreclosure. Any lease entered into by the purchaser of property at a sale foreclosing an assessment lien of a property owners' association is subject to the right of redemption provided by this section and the lot owner's right to reoccupy the property immediately after [the] redemption.

(m)iiIf a lot owner or lienholder sends by certified mail, return receipt requested, a written request to redeem the property on or before the last day of the redemption period, the lot owner's or lienholder's right of redemption is extended until the 10th

3626 81st Legislature — Regular Session 68th Day

(n)iiAfter the redemption period and any extended redemption period provided by Subsection (m) expires without a redemption of the property, the association or third party foreclosure purchaser shall record an affidavit in the real property records of the county in which the property is located stating that the lot owner or a lienholder did not redeem the property during the redemption period or any extended redemption period.

(p)iiThe rights of a lot owner and a lienholder under this section also apply if the sale of the lot owner's property is conducted by a constable or sheriff as provided by a judgment obtained by the property owners' association.

SECTIONi____.iiSections 209.010 and 209.011, Property Code, as amended by this Act, apply only to a foreclosure sale conducted on or after the effective date of this Act. A foreclosure sale conducted before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose.

The amendment to CSHB 3479 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 Uresti and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

CSHB 3479 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 3479 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 CSHBi3479 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 4704 ON SECOND READING

On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration HBi4704 at this time on its second reading:

HB 4704, Relating to the Starr County Hospital District.

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.

Wednesday, May 27, 2009 SENATE JOURNAL 3627

HOUSE BILL 4704 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 HBi4704 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 4433 ON SECOND READING

Senator Seliger moved to suspend the regular order of business to take up for consideration CSHBi4433 at this time on its second reading:

CSHB 4433, Relating to an exemption from oil and gas severance taxes for oil and gas produced in association with the production of geothermal energy.

The motion prevailed.

Senator Ogden asked to be recorded as "Present-not voting" 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:

Present-not voting:iiOgden.

COMMITTEEiiSUBSTITUTE
HOUSE BILL 4433 ON THIRD READING

Senator Seliger moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSHBi4433 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi30, Naysi0, Present-not votingi1.

Present-not voting:iiOgden.

The bill was read third time and was passed by the following vote:iiYeasi30, Naysi0, Present-not votingi1. (Same as previous roll call)

HOUSE BILL 3669 ON SECOND READING

On motion of Senator Ogden and by unanimous consent, the regular order of business was suspended to take up for consideration HB 3669 at this time on its second reading:

HB 3669, Relating to the authority of certain counties to impose a hotel occupancy tax.

The bill was read second time.

3628 81st Legislature — Regular Session 68th Day

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 3669 (Senate committee printing) in SECTION 2 of the bill, in added Section 352.003(m), Tax Code (page 1, line 20), by striking "three" and substituting "two".

The amendment to HB 3669 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 Ogden and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

HB 3669 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 3669 ON THIRD READING

Senator Ogden moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi3669 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 746 ON SECOND READING

Senator Patrick moved to suspend the regular order of business to take up for consideration HBi746 at this time on its second reading:

HB 746, Relating to expanding the availability of classrooms and other facilities for use by public colleges and universities.

The motion prevailed.

Senator Hegar asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator Patrick offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend HB 746 (engrossed version) as follows:

(1)iiStrike SECTION 1 entirely.

(2)iiIn SECTION 2, on page 1, line 23, strike "shall" and substitute "may".

(3)iiIn SECTION 2, on page 2, line 4, strike "institution of higher education" and substitute "junior college".

(4)iiIn SECTION 2, strike subsection (d) entirely (page 2, line 21 through page 3, line 1).

The amendment to HB 746 was read and was adopted by a viva voce vote.

Wednesday, May 27, 2009 SENATE JOURNAL 3629

All Members are deemed to have voted "Yea" on the adoption of Committee Amendment No. 1 except as follows:

Nays:iiHegar.

On motion of Senator Patrick and by unanimous consent, the caption was amended to conform to the body of the bill as amended.

HB 746 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:iiHegar.

HOUSE BILL 746 ON THIRD READING

Senator Patrick moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi746 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi30, Naysi1.

Nays:iiHegar.

The bill was read third time and was passed by the following vote:iiYeasi30, Naysi1. (Same as previous roll call)

COMMITTEEiiSUBSTITUTE
HOUSE BILL 770 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 770 at this time on its second reading:

CSHB 770, Relating to the ad valorem taxation of a residence homestead that is rendered uninhabitable or unusable by a casualty or by wind or water damage.

The bill was read second time.

Senator Wentworth offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 770 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS accordingly:

SECTIONi____.ii(a) Section 11.27, Tax Code, is amended by adding Subsection (a-1) to read as follows:

(a-1)iiIf the property on which the solar or wind-powered energy device is installed or constructed is property that qualifies for an exemption under Section 11.13, Section 11.43(c) applies to the exemption provided by Subsection (a) in the same manner as Section 11.43(c) applies to an exemption listed in that section.

(b)iiThis section applies only to an ad valorem tax year that begins on or after the effective date of this section.

The amendment to CSHB 770 was read and was adopted by a viva voce vote.

3630 81st Legislature — Regular Session 68th Day

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 770 by adding Section 11.231 to read as follows:

Sec.i11.231.iiNONPROFIT COMMUNITY BUSINESS ORGANIZATION PROVIDING ECONOMIC DEVELOPMENT SERVICES TO LOCAL COMMUNITY. (a) In this section, "nonprofit community business organization" means an organization that meets the following requirements:

(1)iithe organization has been in existence for at least the preceding five years;

(2)iithe organization:

(A)iiis a nonprofit corporation organized under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes) or a nonprofit corporation formed under the Texas Nonprofit Corporation Law, as described by Section 1.008, Business Organizations Code;

(B)iiis a nonprofit organization described by Section 501(c)(6), Internal Revenue Code of 1986; and

(C)iiis not a statewide organization;

(3)iifor at least the preceding three years, the organization has maintained a dues-paying membership of at least 50 members; and

(4)iithe organization:

(A)iihas a board of directors elected by the members;

(B)iidoes not compensate members of the board of directors for service on the board;

(C)iiwith respect to its activities in this state, is engaged primarily in performing functions listed in Subsection (d);

(D)iiis primarily supported by membership dues and other income from activities substantially related to its primary functions; and

(E)iiis not, has not formed, and does not financially support a political committee as defined by Section 251.001, Election Code.

(b)iiAn association that qualifies as a nonprofit community business organization as provided by this section is entitled to an exemption from taxation of:

(1)iithe buildings and tangible personal property that:

(A)iiare owned by the nonprofit community business organization; and

(B)iiexcept as permitted by Subsection (c), are used exclusively by qualified nonprofit community business organizations to perform their primary functions; and

(2)iithe real property owned by the nonprofit community business organization consisting of:

(A)iian incomplete improvement that:

(i)iiis under active construction or other physical preparation; and

(ii)iiis designed and intended to be used exclusively by qualified nonprofit community business organizations; and

Wednesday, May 27, 2009 SENATE JOURNAL 3631

(B)iithe land on which the incomplete improvement is located that will be reasonably necessary for the use of the improvement by qualified nonprofit community business organizations.

(c)iiUse of exempt property by persons who are not nonprofit community business organizations qualified as provided by this section does not result in the loss of an exemption authorized by this section if the use is incidental to use by qualified nonprofit community business organizations and limited to activities that benefit the beneficiaries of the nonprofit community business organizations that own or use the property.

(d)iiTo qualify for an exemption under this section, a nonprofit community business organization must be engaged primarily in performing one or more of the following functions in the local community:

(1)iipromoting the common economic interests of commercial enterprises;

(2)iiimproving the business conditions of one or more types of business; or

(3)iiotherwise providing services to aid in economic development.

(e)iiIn this section, "building" includes the land that is reasonably necessary for use of, access to, and ornamentation of the building.

(f)iiA property may not be exempted under Subsection (b)(2) for more than three years.

(g)iiFor purposes of Subsection (b)(2), an incomplete improvement is under physical preparation if the nonprofit community business organization has:

(1)iiengaged in architectural or engineering work, soil testing, land clearing activities, or site improvement work necessary for the construction of the improvement; or

(2)iiconducted an environmental or land use study relating to the construction of the improvement.

SECTIONi2.iiSection 11.42(d), Tax Code, is amended to read as follows:

(d)iiA person who acquires property after January 1 of a tax year may receive an exemption authorized by Section 11.17, 11.18, 11.19, 11.20, 11.21, 11.23, 11.231, or 11.30 for the applicable portion of that tax year immediately on qualification for the exemption.

SECTIONi3.iiSection 11.43(c), Tax Code, is amended to read as follows:

(c)iiAn exemption provided by Section 11.13, 11.17, 11.18, 11.182, 11.183, 11.19, 11.20, 11.21, 11.22, 11.23(h), (j), or (j-1), 11.231, 11.29, 11.30, or 11.31, once allowed, need not be claimed in subsequent years, and except as otherwise provided by Subsection (e), the exemption applies to the property until it changes ownership or the person's qualification for the exemption changes. However, the chief appraiser may require a person allowed one of the exemptions in a prior year to file a new application to confirm the person's current qualification for the exemption by delivering a written notice that a new application is required, accompanied by an appropriate application form, to the person previously allowed the exemption.

SECTIONi4.iiThis Act applies only to an ad valorem tax year that begins on or after the effective date of this Act.

SECTIONi5.iiThis Act takes effect January 1, 2010.

The amendment to CSHB 770 was read and was adopted by a viva voce vote.

3632 81st Legislature — Regular Session 68th Day

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 770 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 770 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 CSHBi770 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 Eltife in Chair)

COMMITTEEiiSUBSTITUTE
HOUSE BILL 2730 ON SECOND READING

On motion of Senator Hinojosa and by unanimous consent, the regular order of business was suspended to take up for consideration CSHB 2730 at this time on its second reading:

CSHB 2730, Relating to the continuation and functions of the Department of Public Safety of the State of Texas and the Texas Private Security Board; providing penalties.

The bill was read second time.

Senator Hinojosa offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSHB 2730 (Senate committee printing) as follows:

(1)iiIn SECTION 4.60 of the bill, in proposed Section 1702.221(d), Occupations Code (page 19, line 24), strike "Subsection (a)" and substitute "Subsection (b)".

(2)iiIn SECTION 11.05 of the bill, in amended Section 411.177(b)(2)(C), Government Code (page 46, line 54), strike "411.188(j)" and substitute "411.188(k)".

(3)iiIn SECTION 12.13 of the bill (page 55, line 24), between "Section 521.205" and the period, insert ", Transportation Code".

The amendment to CSHB 2730 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 Hinojosa offered the following amendment to the bill:

Floor Amendment No. 2

Amend CSHB 2730 (Senate committee printing) as follows:

(1)iiIn SECTION 11.01 of the bill, in amended Section 411.1711(1), Government Code (page 43, line 34), strike "an" and substitute "a felony [an]".

Wednesday, May 27, 2009 SENATE JOURNAL 3633

(2)iiIn SECTION 11.01 of the bill, in amended Section 411.1711(1), Government Code (page 43, lines 36-39), strike proposed Paragraphs (B) and (C) and substitute:

(B)ii[, or] Chapter 29, Penal Code;

(C)iiSection 25.07, Penal Code; or

(D)iiSection 30.02, Penal Code, if the offense is punishable under Subsection (c)(2) or (d) of that section; or

(3)iiIn SECTION 11.02 of the bill (page 43, lines 43-44), strike the recital and substitute the following:

SECTIONi11.02.iiSection 411.172, Government Code, is amended by amending Subsections (a), (b), (d), and (e) and adding Subsection (b-1) to read as follows:

(4)iiIn SECTION 11.02 of the bill, in amended Section 411.172(a), Government Code (page 44, lines 1-6), strike Subdivision (12) and substitute:

[(12)iihas not been finally determined to be in default on a loan made under Chapter 57, Education Code;]

(5)iiIn SECTION 11.02 of the bill, in amended Section 411.172(a)(13), Government Code (page 44, line 7), strike "(13)" and substitute "(12) [(13)]".

(6)iiIn SECTION 11.02 of the bill, in amended Section 411.172(a)(14), Government Code (page 44, line 11), strike "(14)" and substitute "(13) [(14)]".

(7)iiIn SECTION 11.02 of the bill, in amended Section 411.172(a)(15), Government Code (page 44, line 14), strike "(15)" and substitute "(14) [(15)]".

(8)iiIn SECTION 11.02 of the bill, in amended Section 411.172, Government Code (page 44, between lines 17 and 18), insert the following new subsections between Subsections (a) and (d):

(b)iiFor the purposes of this section, an offense under the laws of this state, another state, or the United States is:

(1)iiexcept as provided by Subsection (b-1), a felony if the offense, at the time the offense is committed [of a person's application for a license to carry a concealed handgun]:

(A)iiis designated by a law of this state as a felony;

(B)iicontains all the elements of an offense designated by a law of this state as a felony; or

(C)iiis punishable by confinement for one year or more in a penitentiary; and

(2)iia Class A misdemeanor if the offense is not a felony and confinement in a jail other than a state jail felony facility is affixed as a possible punishment.

(b-1)iiAn offense is not considered a felony for purposes of Subsection (b) if, at the time of a person's application for a license to carry a concealed handgun, the offense:

(1)iiis not designated by a law of this state as a felony; and

(2)iidoes not contain all the elements of any offense designated by a law of this state as a felony.

(9)iiIn SECTION 11.08 of the bill, in amended Section 411.186(a), Government Code (page 47, line 53), strike Subdivision (2) and substitute the following:

3634 81st Legislature — Regular Session 68th Day

"(2)iimade a material misrepresentation or failed to disclose a material fact in an application submitted under this subchapter [gave false information on the application];"

(10)iiIn SECTION 11.08 of the bill, in amended Section 411.186(a)(6), Government Code (page 47, line 67), between "reversed" and the period, insert "if the applicant fails to submit a cashier's check or money order made payable to the "Department of Public Safety of the State of Texas" in the amount of the dishonored or reversed fee, plus $25, within 30 days of being notified by the department that the fee was dishonored or reversed"

(11)iiIn SECTION 11.09 of the bill, in amended Section 411.187(a)(3), Government Code (page 48, line 10), strike "address or name" and substitute "address, [or] name, or status".

(12)iiIn ARTICLE 11 of the bill (page 50, line 60, through page 51, line 8), strike SECTIONS 11.16 and 11.17 and renumber subsequent SECTIONS accordingly.

(13)iiIn SECTION 11.21 of the bill (page 51, line 35), strike ", 411.1882,".

(14)iiIn SECTION 11.22 of the bill (page 51, line 38), before "411.1711," insert "411.171,".

(15)iiIn SECTION 11.22 of the bill (page 51, lines 39-40), strike "and by Section 57.491, Education Code, as amended by this article,".

(16)iiIn SECTION 11.23 of the bill (page 51, line 47), between "411.177," and "411.184," insert "411.1882,".

(17)iiIn SECTION 11.23 of the bill (page 51, line 49), strike ", 411.1882,".

(18)iiAdd the following appropriately numbered SECTIONS to ARTICLE 11 of the bill and renumber subsequent SECTIONS of that ARTICLE accordingly:

SECTIONi11.___.iiSection 411.171(4), Government Code, is amended to read as follows:

(4)ii"Convicted" means an adjudication of guilt or, except as provided in Section 411.1711, an order of deferred adjudication entered against a person by a court of competent jurisdiction whether or not the imposition of the sentence is subsequently probated and the person is discharged from community supervision.iiThe term does not include an adjudication of guilt or an order of deferred adjudication that has been subsequently:

(A)iiexpunged; [or]

(B)iipardoned under the authority of a state or federal official; or

(C)iiotherwise vacated, set aside, annulled, invalidated, voided, or sealed under any state or federal law.

SECTIONi11.___.iiSection 411.179(c), Government Code, as added by Chapter 1222 (H.B. 2300), Acts of the 80th Legislature, Regular Session, 2007, is amended to read as follows:

(c)iiIn adopting the form of the license under Subsection (a), the department shall establish a procedure for the license of a qualified handgun instructor or of a judge, justice, prosecuting attorney, or assistant prosecuting attorney, as described by Section 46.15(a)(4) or (6), Penal Code, to indicate on the license the license holder's status as a qualified handgun instructor or as a judge, justice, district attorney, criminal district

Wednesday, May 27, 2009 SENATE JOURNAL 3635

SECTIONi11.___.iiSections 411.181(a) and (b), Government Code, as amended by Chapters 594 (H.B. 41) and 1222 (H.B. 2300), Acts of the 80th Legislature, Regular Session, 2007, are reenacted and amended to read as follows:

(a)iiIf a person who is a current license holder moves from any residence [the] address stated on the license [to a new residence address], if the name of the person is changed by marriage or otherwise, or if the person's status [as a judge, justice, district attorney, prosecuting attorney, or assistant prosecuting attorney, as a federal judge, a state judge, or the spouse of a federal judge or state judge,] becomes inapplicable for purposes of the information required to be displayed on the license under Section 411.179 [411.179(c)], the person shall, not later than the 30th day after the date of the address, name, or status change, notify the department and provide the department with the number of the person's license and, as applicable, the person's:

(1)iiformer and new addresses; [or]

(2)iiformer and new names; or

(3)iiformer and new status.

(b)iiIf the name of the license holder is changed by marriage or otherwise, or if the person's status [as a federal judge or state judge, or the spouse of a federal judge or state judge] becomes inapplicable as described by Subsection (a), the person shall apply for a duplicate license.iiThe duplicate license must reflect [include] the person's current name, residence address, and status.

SECTIONi11.__.iiSection 411.1882, Government Code, is amended to read as follows:

Sec.i411.1882.iiEVIDENCE OF [EXEMPTION FROM] HANDGUN PROFICIENCY [CERTIFICATE REQUIREMENT] FOR CERTAIN PERSONS. (a) A person who is serving in this state as a judge or justice of a federal court, as an active judicial officer, as defined by Section 411.201, or as a district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney may establish handgun proficiency for the purposes of this subchapter by obtaining from a handgun proficiency instructor approved by the Commission on Law Enforcement Officer Standards and Education for purposes of Section 1702.1675, Occupations Code, a sworn statement that:

(1)iiindicates that the person, during the 12-month period preceding the date of the person's application to the department, demonstrated to the instructor proficiency in the use of handguns; and

(2)iidesignates the categories of handguns with respect to which the person demonstrated proficiency [Notwithstanding any other provision of this subchapter, a person may not be required to submit to the department a handgun proficiency certificate to obtain or renew a concealed handgun license issued under this subchapter if:

[(1)iithe person is currently serving in this state as:

[(A)iia judge or justice of a federal court;

[(B)iian active judicial officer, as defined by Section 411.201, Government Code; or

3636 81st Legislature — Regular Session 68th Day

[(C)iia district attorney, assistant district attorney, criminal district attorney, assistant criminal district attorney, county attorney, or assistant county attorney; and

[(2)iia handgun proficiency instructor approved by the Commission on Law Enforcement Officer Standards and Education for purposes of Section 1702.1675, Occupations Code, makes a sworn statement indicating that the person demonstrated proficiency to the instructor in the use of handguns during the 12-month period preceding the date of the person's application to the department and designating the types of handguns with which the person demonstrated proficiency].

(b)iiThe director by rule shall adopt a procedure by which a person described [who is exempt] under Subsection (a) [from the handgun proficiency certificate requirement] may submit a form demonstrating the person's qualification for an exemption under that subsection.iiThe form must provide sufficient information to allow the department to verify whether the person qualifies for the exemption.

(c)iiA license issued under this section automatically expires on the six-month anniversary of the date the person's status under Subsection (a) becomes inapplicable.iiA license that expires under this subsection may be renewed under Section 411.185.

SECTIONi11.__.iiSection 411.190, Government Code, is amended by adding Subsection (d-1) to read as follows:

(d-1)iiThe department shall ensure that an applicant may renew certification under Subsection (d) from any county in this state by using an online format to complete the required retraining courses if:

(1)iithe applicant is renewing certification for the first time; or

(2)iithe applicant completed the required retraining courses in person the previous time the applicant renewed certification.

SECTIONi11.__.iiSection 46.04, Penal Code, is amended by adding Subsections (f) and (g) to read as follows:

(f)iiFor the purposes of this section, an offense under the laws of this state, another state, or the United States is, except as provided by Subsection (g), a felony if, at the time it is committed, the offense:

(1)iiis designated by a law of this state as a felony;

(2)iicontains all the elements of an offense designated by a law of this state as a felony; or

(3)iiis punishable by confinement for one year or more in a penitentiary.

(g)iiAn offense is not considered a felony for purposes of Subsection (f) if, at the time the person possesses a firearm, the offense:

(1)iiis not designated by a law of this state as a felony; and

(2)iidoes not contain all the elements of any offense designated by a law of this state as a felony.

SECTIONi11.__.iiSection 521.001(a), Transportation Code, is amended by adding Subdivisions (3-a) and (8-a) to read as follows:

(3-a)ii"Federal judge" means:

(A)iia judge of a United States court of appeals;

(B)iia judge of a United States district court;

(C)iia judge of a United States bankruptcy court; or

Wednesday, May 27, 2009 SENATE JOURNAL 3637

(D)iia magistrate judge of a United States district court.

(8-a)ii"State judge" means:

(A)iithe judge of an appellate court, a district court, or a county court at law of this state; or

(B)iian associate judge appointed under Chapter 201, Family Code.

SECTIONi11.__.iiSections 521.054(a) and (b), Transportation Code, are amended to read as follows:

(a)iiThis section applies to a person who:

(1)iiafter applying for or being issued a [the] license or certificate moves to a new residence [from the] address [stated in the person's application for a license or certificate];

(2)iihas used the procedure under Section 521.121(c) and whose status as a federal judge, a state judge, or the spouse of a federal or state judge becomes inapplicable [moves from the address shown on the license or certificate held by the person]; or

(3)iichanges the person's name by marriage or otherwise.

(b)iiA person subject to this section shall notify the department of the change not later than the 30th day after the date on which the change takes effect and apply for a duplicate license or certificate as provided by Section 521.146. The duplicate license must include the person's current residence address.

SECTIONi11.__.iiSection 521.121, Transportation Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:

(a)iiThe driver's license must include:

(1)iia distinguishing number assigned by the department to the license holder;

(2)iia color photograph of the entire face of the holder;

(3)iithe full name and[,] date of birth[, and residence address] of the holder; [and]

(4)iia brief description of the holder; and

(5)iithe license holder's residence address or, for a license holder using the procedure under Subsection (c), the street address of the courthouse in which the license holder or license holder's spouse serves as a federal judge or state judge.

(c)iiThe department shall establish a procedure for a federal judge, a state judge, or the spouse of a federal or state judge to omit the license holder's residence address on the license and to include, in lieu of that address, the street address of the courthouse in which the license holder or license holder's spouse serves as a federal judge or state judge. In establishing the procedure, the department shall require sufficient documentary evidence to establish the license holder's status as a federal judge, a state judge, or the spouse of a federal or state judge.

SECTIONi11.__.iiSection 521.142(c), Transportation Code, is amended to read as follows:

(c)iiThe application must state:

(1)iithe sex of the applicant;

3638 81st Legislature — Regular Session 68th Day

(2)iithe residence address of the applicant, or if the applicant is a federal judge, a state judge, or the spouse of a federal or state judge using the procedure developed under Section 521.121(c), the street address of the courthouse in which the applicant or the applicant's spouse serves as a federal judge or a state judge;

(3)iiwhether the applicant has been licensed to drive a motor vehicle before;

(4)iiif previously licensed, when and by what state or country;

(5)iiwhether that license has been suspended or revoked or a license application denied;

(6)iithe date and reason for the suspension, revocation, or denial;

(7)iiwhether the applicant is a citizen of the United States; and

(8)iithe county of residence of the applicant.

SECTIONi11.__.iiThe change in law made by this Act in amending Section 46.04, Penal Code, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

The amendment to CSHB 2730 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 Hinojosa offered the following amendment to the bill:

Floor Amendment No. 3

Amend CSHB 2730 (Senate committee printing) by adding the following appropriately numbered article to the bill and renumbering subsequent articles of the bill accordingly:

ARTICLEi__.iiUSE OR DISPLAY UNDER CERTAIN CIRCUMSTANCES OF
AN EXPIRED LICENSE TO CARRY A CONCEALED HANDGUN

SECTIONi__.01.iiSection 46.15, Penal Code, is amended by adding Subsection (g) to read as follows:

(g)iiFor purposes of Subsection (b)(6), a valid license includes an expired license if, before the expiration date of the license, the license holder submitted a timely and sufficient application for renewal of the license to the Department of Public Safety in accordance with Section 411.185, Government Code, and has not received notice that the application for renewal has been finally determined as provided by Government Code Section 2001.054.

SECTIONi__.02.iiSection 411.205(a), Government Code is amended to read as follows:

(a)iiIf a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license. A person who fails or refuses to display the person's [license and] identification and handgun license as required by this subsection is subject to

Wednesday, May 27, 2009 SENATE JOURNAL 3639

The amendment to CSHB 2730 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 Hinojosa offered the following amendment to the bill:

Floor Amendment No. 4

Amend CSHB 2730 (Senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS accordingly:

SECTIONi____.iiSection 22.0834, Education Code, is amended by adding Subsections (k), (l), (m), (n), (o), and (p) to read as follows:

(k)iiThe requirements of this section apply to an entity that contracts directly with a school district, open-enrollment charter school, or shared services arrangement and any subcontractor of the entity.

(l)iiA contracting entity shall require that a subcontracting entity obtain all criminal history record information that relates to an employee to whom Subsection (a) applies. If a contracting or subcontracting entity determines that Subsection (a) does not apply to an employee, the contracting or subcontracting entity shall make a reasonable effort to ensure that the conditions or precautions that resulted in the determination that Subsection (a) did not apply to the employee continue to exist throughout the time that the contracted services are provided.

(m)iiA contracting entity complies with the requirements of this section if the contracting entity obtains a written statement from each subcontracting entity certifying that the subcontracting entity has obtained the required criminal history record information for employees of the subcontracting entity and the subcontracting entity has obtained certification from each of the subcontracting entity's subcontractors.

(n)iiA subcontracting entity must certify to the school district, open-enrollment charter school, or shared services arrangement and the contracting entity that the subcontracting entity has obtained all criminal history record information that relates to an employee to whom Subsection (a) applies and has obtained similar written certifications from the subcontracting entity's subcontractors.

(o)iiA contracting or subcontracting entity may not permit an employee to whom Subsection (a) applies to provide services at a school if the employee has been convicted of a felony or misdemeanor offense that would prevent a person from obtaining certification as an educator under Section 21.060.

(p)iiIn this section:

(1)ii"Contracting entity" means an entity that contracts directly with a school district, open-enrollment charter school, or shared services arrangement to provide services to the school district, open-enrollment charter school, or shared services arrangement.

3640 81st Legislature — Regular Session 68th Day

(2)ii"Subcontracting entity" means an entity that contracts with another entity that is not a school district, open-enrollment charter school, or shared services arrangement to provide services to a school district, open-enrollment charter school, or shared services arrangement.

The amendment to CSHB 2730 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.

Senator Hinojosa offered the following amendment to the bill:

Floor Amendment No. 5

Amend CSHB 2730 (Senate committee printing) in Article 5 of the bill by adding the following SECTION to that article, appropriately numbered, and renumbering subsequent SECTIONS accordingly:

SECTIONi____.iiSubchapter A, Chapter 411, Government Code, is amended by amending Section 411.005 to read as follows:

Sec.i411.005.ii[DIRECTOR AND ASSISTANT DIRECTOR] DIRECTOR, DEPUTY DIRECTORS, AND ASSISTANT DIRECTORS.

(b)iiThe director may appoint, with advice and consent of the commission, deputy directors and assistant directors who shall perform the duties the director designates. [An] Deputy directors and assistant directors serve until removed by the director.

(c)iiThe commission shall select the director, and the director shall select [an assistant director] deputy directors and assistant directors, on the basis of the person's training, experience, and qualifications for the position. [The director and an assistant director must have five years' experience, preferably in police or public administration.] The director, [an assistant director] deputy directors, and assistant directors are entitled to annual salaries as provided by the legislature.

The amendment to CSHB 2730 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. 5.

Senator Hinojosa offered the following amendment to the bill:

Floor Amendment No. 6

Amend CSHB 2730 (Senate committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS accordingly:

SECTIONi____.iiSection 662.005(b), Government Code, is amended to read as follows:

(b)iiExcept as provided by Section 662.010, and notwithstanding Section 659.015 or another law, a state employee who is a peace officer commissioned by a state officer or state agency listed under Article 2.12, Code of Criminal Procedure, or who is employed by the Department of Public Safety either to perform communications or dispatch services related to traffic law enforcement or as a public security officer, as that term is defined by Section 1701.001, Occupations Code, and

Wednesday, May 27, 2009 SENATE JOURNAL 3641

The amendment to CSHB 2730 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. 6.

Senator Hinojosa offered the following amendment to the bill:

Floor Amendment No. 7

Amend CSHB 2730 (Senate committee printing) by inserting the following appropriately numbered SECTIONS and renumbering subsequent SECTIONS of the bill appropriately:

SECTIONi1.iiSection 601.053, Transportation Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows:

(b)iiExcept as provided by Subsection (c), an [An] operator who does not exhibit evidence of financial responsibility under Subsection (a) is presumed to have operated the vehicle in violation of Section 601.051.

(c)iiSubsection (b) does not apply if the peace officer determines through use of the verification program established under Subchapter N that financial responsibility has been established for the vehicle.

SECTIONi2.iiSubchapter N, Chapter 601, Transportation Code, as added by Chapter 1325 (H.B. 3588), Acts of the 78th Legislature, Regular Session, 2003, is repealed.

The amendment to CSHB 2730 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. 7 except as follows:

Nays:iiWilliams.

Senator Hinojosa offered the following amendment to the bill:

Floor Amendment No. 8

Amend CSHB 2730 (Senate committee printing) by amending SECTIONS 5.09 and 5.10 as follows:

SECTIONi5.09.iiThe heading to Section 411.244, Government Code, is amended to read as follows:

Sec.i411.244.iiOFFICE OF INSPECTOR GENERAL [INTERNAL AFFAIRS].

SECTIONi5.10.iiSection 411.244, Government Code is amended by amending Subsections (a), (b), (d), (e), and (f), and by adding Subsection (g) to read as follows:

(a)iiThe commission [director] shall establish the office of inspector general, which is responsible for:

(1)iiacting to prevent and detect serious breaches of departmental policy, fraud, and abuse of office, including any acts of criminal conduct within the department; and

3642 81st Legislature — Regular Session 68th Day

(2)iiindependently and objectively reviewing, investigating, delegating an investigation, and overseeing the investigation of administrative and all other allegations of conduct referred to in (a)(1) above and the following:

(A)iicriminal activity occurring in all divisions of the department;

(B)iiallegations of wrongdoing by department employees;

(C)iicrimes committed on department property; and

(D)iiserious breaches of department policy [internal affairs].

(b)iiThe office of inspector general [internal affairs] has [original] departmental jurisdiction for oversight and coordination over all investigations occurring on department property or involving department employees. The office shall coordinate and provide oversight, but need not conduct, all investigations under this section. The inspector general shall delegate criminal allegations arising under this section to the Texas Ranger division or the Criminal Law Enforcement division of the department for investigation or referral back to the inspector general for further action. However the inspector general shall continually monitor referred matters and report to the commission along with any other division investigating a matter on its status while pending.

(d)iiThe commission has direct oversight over the office of inspector general, including decisions regarding budget and staffing. The commission [director] shall appoint the inspector general [head of the office of internal affairs]. The inspector general [head of the office of internal affairs] serves until removed by the commission [director]. The commission shall establish policies to ensure that the commission continues to oversee the office of inspector general as required by this subsection and to ensure that the office of inspector general retains and exercises its original jurisdiction under Subsection (b).

(e)iiThe inspector general [head of the office of internal affairs] shall report directly to the commission [director] regarding performance of and activities related to investigations, report to the director for administrative purposes, and provide the director with information regarding investigations as appropriate.

(f)iiThe inspector general [head of the office of internal affairs] shall present at each regularly scheduled commission meeting and at other appropriate times:

(1)iireports of investigations; and

(2)iia summary of information relating to investigations conducted under this section that includes analysis of the number, type, and outcome of investigations, trends in the investigations, and recommendations to avoid future complaints.

(g)iiThis chapter or other law related to the operation of the department's office of inspector general does not preempt the authority of the state auditor to conduct an audit or investigation under Chapter 321 or other law.

The amendment to CSHB 2730 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. 8.

Wednesday, May 27, 2009 SENATE JOURNAL 3643

Senator Hinojosa offered the following amendment to the bill:

Floor Amendment No. 9

Amend CSHB 2730 (Senate committee printing) as follows:

(1)iiIn ARTICLE 15 of the bill, strike SECTIONS 15.01, 15.02, 15.03, and 15.04 (page 58, line 64, through page 60, line 18) and substitute the following:

SECTIONi15.01.iiSection 708.151, Transportation Code, is amended to read as follows:

Sec.i708.151.iiNOTICE OF SURCHARGE. (a) The department shall send notices as required by Subsection (b) to [notify] the holder of a driver's license when [of the assessment of] a surcharge is assessed on that license. Each notice must:

(1)iibe sent by first class mail [sent] to the person's most recent address as shown on the records of the department or to the person's most recent forwarding address on record with the United States Postal Service if it is different;

(2)ii[. The notice must] specify the date by which the surcharge must be paid;

(3)iistate the total dollar amount of the surcharge that must be paid, the number of monthly payments required under an installment payment plan, and the minimum monthly payment required for a person to enter and maintain an installment payment plan with the department; and

(4)iistate the consequences of a failure to pay the surcharge.

(b)iiThe department shall send a first notice not later than the fifth day after the date the surcharge is assessed.

(c)iiIf on or before the 45th day after the date the first notice was sent the person fails to pay the amount of the surcharge or fails to enter into an installment payment agreement with the department, the department shall send a second notice. If on or before the 60th day after the date the second notice was sent the person fails to pay the amount of the surcharge or fails to enter into an installment payment agreement with the department, the department shall send a third notice that advises the person that the person's driving privileges are suspended.

SECTIONi15.02.iiSection 708.152(a), Transportation Code, is amended to read as follows:

(a)iiIf on [before] the 60th [30th] day after the date the department sends a second notice under Section 708.151 the person fails to pay the amount of a surcharge on the person's license or fails to enter into an installment payment agreement with the department, the license of the person is automatically suspended. A person's license may not be suspended under this section before the 105th day after the date the surcharge was assessed by the department.

SECTIONi15.03.iiSection 708.153(b), Transportation Code, is amended to read as follows:

(b)iiA rule under this section:

(1)iimay not require [permit] a person to:

(A)iipay surcharges that total $500 or more [a surcharge] over a period of less [more] than 36 consecutive months;

(B)iipay surcharges that total more than $250 but not more than $499 over a period of less than 24 consecutive months; or

(C)iipay surcharges that total $249 or less over a period of less than 12 consecutive months; and

3644 81st Legislature — Regular Session 68th Day

(2)iimay provide that if the person fails to make any [a] required monthly installment payment, the department may reestablish the installment plan on receipt of a payment in the amount equal to at least a required monthly installment payment [or declare the amount of the unpaid surcharge immediately due and payable].

SECTIONi15.04.iiSubchapter D, Chapter 708, Transportation Code, is amended by adding Section 708.158 to read as follows:

Sec.i708.158.iiINDIGENT STATUS AND REDUCTION OF SURCHARGES. (a) The department shall waive all surcharges assessed under this chapter for a person who is indigent. For the purposes of this section, a person is considered to be indigent if the person provides the evidence described by Subsection (b) to the court.

(b)iiA person must provide information to the court in which the person is convicted of the offense that is the basis for the surcharge to establish that the person is indigent. The following documentation may be used as proof:

(1)iia copy of the person's most recent federal income tax return that shows that the person's income or the person's household income does not exceed 125 percent of the applicable income level established by the federal poverty guidelines;

(2)iia copy of the person's most recent statement of wages that shows that the person's income or the person's household income does not exceed 125 percent of the applicable income level established by the federal poverty guidelines; or

(3)iidocumentation from a federal agency, state agency, or school district that indicates that the person or, if the person is a dependent as defined by Section 152, Internal Revenue Code of 1986, the taxpayer claiming the person as a dependent, receives assistance from:

(A)iithe food stamp program or the financial assistance program established under Chapter 31, Human Resources Code;

(B)iithe federal special supplemental nutrition program for women, infants, and children authorized by 42 U.S.C. Section 1786;

(C)iithe medical assistance program under Chapter 32, Human Resources Code;

(D)iithe child health plan program under Chapter 62, Health and Safety Code; or

(E)iithe national free or reduced-price lunch program established under 42 U.S.C. Section 1751 et seq.

(2)iiAdd the following appropriately numbered SECTION to ARTICLE 15 of the bill and renumber subsequent SECTIONS of that article accordingly:

SECTIONi____.iiSection 708.157(c), Transportation Code, is amended to read as follows:

(c)iiThe department by rule shall [may] establish an indigency program for holders of a driver's license on which a surcharge has been assessed for certain offenses, as determined by the department.

(3)iiIn SECTION 15.06 of the bill (page 60, line 27), between "that is assessed" and "on or after", insert "under Chapter 708, Transportation Code,".

(4)iiIn SECTION 15.06 of the bill (page 60, line 28), between "was assessed" and "before", insert "under that chapter".

HINOJOSA

SHAPLEIGH

Wednesday, May 27, 2009 SENATE JOURNAL 3645

The amendment to CSHB 2730 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. 9.

Senator Hinojosa offered the following amendment to the bill:

Floor Amendment No. 10

Amend CSHB 2730 (Senate committee printing) by amending SECTION 4.37 as follows:

SECTIONi4.37.iiSections 1702.117(a), (c), and (d), Occupations Code, are amended to read as follows:

(a)iiThe board [commission] shall require an applicant for a license under this chapter or the applicant's manager to demonstrate qualifications in the person's license classification, including knowledge of applicable state laws and board [commission] rules, by taking an examination to be determined by the board [commission].

(c)iiThe board [commission] shall set the reexamination fee in an amount not to exceed the amount of the renewal fee for the license classification for which application was made.

(d)iiThe board [commission] shall develop and provide to a person who applies to take the examination under Subsection (a) material containing all applicable state laws and board [commission] rules.

The amendment to CSHB 2730 was read.

Senator Carona offered the following amendment to Floor Amendment No. 10:

Floor Amendment No. 11

Amend Floor Amendment No. 10 by Hinojosa to CSHB 2730 as follows:

(1)iiOn page 1, strike lines 1 and 2 of the amendment and substitute the following:

Amend C.S.H.B. No. 2730 (Senate committee printing) as follows:

(1)iiStrike Section 4.37 of the bill and substitute the following:

(2)iiOn page 1 of the amendment, insert the following immediately after line 17:

(2)iiAdd the following appropriately numbered SECTIONS to Article 4 of the bill and renumber subsequent SECTIONS in that article accordingly:

SECTIONi4.____.iiSection 1702.104, Occupations Code, is amended to read as follows:

Sec.i1702.104.iiINVESTIGATIONS COMPANY. (a) A person acts as an investigations company for the purposes of this chapter if the person:

(1)iiengages in the business of obtaining or furnishing, or accepts employment to obtain or furnish, information related to:

(A)iicrime or wrongs done or threatened against a person, state, or the United States;

(B)iithe identity, habits, business, occupation, knowledge, efficiency, loyalty, movement, location, affiliations, associations, transactions, acts, reputation, or character of a person;

(C)iithe location, disposition, or recovery of lost or stolen property; or

3646 81st Legislature — Regular Session 68th Day

(D)iithe cause or responsibility for a fire, libel, loss, accident, damage, or injury to a person or to property;

(2)iiengages in the business of securing, or accepts employment to secure, evidence for use before a court, board, officer, or investigating committee;

(3)iiengages in the business of securing, or accepts employment to secure, the electronic tracking of the location of an individual or motor vehicle other than for criminal justice purposes by or on behalf of a governmental entity; or

(4)iiengages in the business of protecting, or accepts employment to protect, an individual from bodily harm through the use of a personal protection officer.

(b)iiFor purposes of Subsection (a)(1), obtaining or furnishing information includes information obtained or furnished through the review and analysis of, and the investigation into the content of, computer-based data not available to the public. The repair or maintenance of a computer does not constitute an investigation for purposes of this section and does not require licensing under this chapter if:

(1)iithe review or analysis of computer-based data is performed only to diagnose a computer or software problem;

(2)iithere is no intent to obtain or furnish information described by Subsection (a)(1); and

(3)iithe discovery of any information described by Subsection (a)(1) is inadvertent.

SECTIONi4.____.iiSection 1702.324(b), Occupations Code, is amended to read as follows:

(b)iiThis chapter does not apply to:

(1)iia manufacturer or a manufacturer's authorized distributor while selling equipment intended for resale;

(2)iia person engaged exclusively in the business of obtaining and providing information to:

(A)iidetermine creditworthiness;

(B)iicollect debts; or

(C)iiascertain the reliability of information provided by an applicant for property, life, or disability insurance or an indemnity or surety bond;

(3)iia person engaged exclusively in the business of repossessing property that is secured by a mortgage or other security interest;

(4)iia person whoiiis engaged in the business of psychological testing or other testing and interviewing services, including services to determine attitudes, honesty, intelligence, personality, and skills, for preemployment purposes;

(5)iia person who:

(A)iiis engaged in obtaining information that is a public record under Chapter 552, Government Code, regardless of whether the person receives compensation;

(B)iiis not a full-time employee, as defined by Section 61.001, Labor Code, of a person licensed under this chapter; and

(C)iidoes not perform any other act that requires a license under this chapter;

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(6)iia licensed engineer practicing engineering or directly supervising engineering practice under Chapter 1001, including forensic analysis, burglar alarm system engineering, and necessary data collection;

(7)iian employee of a cattle association who inspects livestock brands under the authority granted to the cattle association by the Grain Inspection, Packers and Stockyards Administration of the United States Department of Agriculture;

(8)iia landman performing activities in the course and scope of the landman's business;

(9)iian attorney while engaged in the practice of law;

(10)iia person who obtains a document for use in litigation under an authorization or subpoena issued for a written or oral deposition;

(11)iian admitted insurer, insurance adjuster, agent, or insurance broker licensed by the state, performing duties in connection with insurance transacted by that person;

(12)iia person who on the person's own property or on property owned or managed by the person's employer:

(A)iiinstalls, changes, or repairs a mechanical security device;

(B)iirepairs an electronic security device; or

(C)iicuts or makes a key for a security device;

(13)iisecurity personnel, including security contract personnel, working at a commercial nuclear power plant licensed by the United States Nuclear Regulatory Commission;

(14)iia person or firm licensed as an accountant or accounting firm under Chapter 901, an owner of an accounting firm, or an employee of an accountant or accounting firm while performing services regulated under Chapter 901; [or]

(15)iia retailer, wholesaler, or other person who sells mechanical security devices, including locks and deadbolts, but who does not:

(A)iiservice mechanical security devices for the public outside of the person's premises; or

(B)iiclaim to act as a locksmith; or

(16)iian employee while performing investigative services that would otherwise be subject to this chapter for an entity regulated by the:

(A)iiTexas Department of Insurance;

(B)iiOffice of Thrift Supervision;

(C)iiSecurities and Exchange Commission;

(D)iiFederal Deposit Insurance Corporation;

(E)iiNational Association of Securities Dealers; or

(F)iiFinancial Industry Regulatory Authority.

The amendment to Floor Amendment No. 10 to CSHB 2730 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. 11.

Question recurring on the adoption of Floor Amendment No.i10 to CSHBi2730, the amendment as amended was adopted by a viva voce vote.

3648 81st Legislature — Regular Session 68th Day

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 10 as amended.

Senator Patrick offered the following amendment to the bill:

Floor Amendment No. 12

Amend CSHB 2730 (Senate committee printing) as follows:

(1)iiIn SECTION 4.01 of the bill (page 4, lines 65 through 68), strike the recital to SECTION 4.01 and substitute:

SECTIONi4.01.iiSection 1702.002, Occupations Code, is amended by amending Subdivisions (1), (2), (3), (5), (11), (12), (13), (17), (19), (20), and (21) and adding Subdivisions (3-a) and (6-b) to read as follows:

(2)iiIn SECTION 4.01 of the bill, in amended Section 1702.002, Occupations Code (page 4, between lines 68 and 69), insert the following:

(1)ii"Alarm system" means:

(A)iielectronic equipment and devices designed to detect or signal:

(i)iian unauthorized entry or attempted entry of a person or object into a residence, business, or area monitored by the system; or

(ii)iithe occurrence of a robbery or other emergency; or

(B)iielectronic equipment and devices using a computer or data processor designed to control the access of a person, vehicle, or object through a door, gate, or entrance into the controlled area of a residence or business[; or

[(C)iia television camera or still camera system that:

[(i)iirecords or archives images of property or individuals in a public or private area of a residence or business; or

[(ii)iiis monitored by security personnel or services].

(3)iiIn SECTION 4.01 of the bill, in amended Section 1702.002, Occupations Code (page 5, between lines 7 and 8), insert the following:

(3-a) "Camera system" means a device or system used to capture still or moving images that are in a format that permits viewing, recording, or archiving, that are monitored by a person covered by this chapter on-site or off-site, and that are used in a public or private place to obtain evidence of possible civil or criminal law violations. The term does not include a device or system used to capture still or moving images that is used exclusively to:

(A)iimonitor traffic conditions on public roads;

(B)iidetect motor vehicle violations on public roads;

(C)iidetect evidence of criminal activity, if the device or system is monitored by a law enforcement agency;

(D)iifacilitate videoconferencing;

(E)iimonitor a manufacturing process;

(F)iiperform medical procedures; or

(G)iirecord or archive testimony or a deposition, if the device or system is used by a court reporter.

(4)iiIn SECTION 4.60 of the bill, in amended Section 1702.221, Occupations Code, strike added Subsection (b) of that section (page 18, line 63, through page 19, line 17) and substitute the following:

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(b)iiAn individual must obtain the appropriate endorsement [register] in accordance with the requirements of this chapter and related administrative rules if the individual:

(1)iiis employed as:

(A)iian alarm instructor;

(B)iian alarm systems installer;

(C)iian [,] alarm systems monitor;

(D)iia camera systems installer;

(E)iian [,] electronic access control device installer;

(F)iia level 3 classroom or firearm instructor;

(G)iia [,] locksmith;

(H)iia [,] dog trainer;

(I)iia [,] manager or branch office manager;

(J)iia [,] noncommissioned security officer;

(K)iia level 4 personal protection instructor;

(L)iia [,] private investigator;

(M)iia [,] private security consultant;

(N)iia [, or] security salesperson; or

(O)iian individual whose duties include performing another activity for which an endorsement is required under Subsection (e); or

(2)iiis an owner who oversees the security-related aspects of the business, officer, partner, or shareholder of a license holder.

(5)iiAdd the following appropriately numbered SECTIONS and renumber subsequent SECTIONS of the bill accordingly:

SECTIONi____.iiSubchapter F, Chapter 1702, Occupations Code, is amended by adding Section 1702.1057 to read as follows:

Sec.i1702.1057.iiCAMERA SYSTEMS COMPANY. A person acts as a camera systems company for the purposes of this chapter if the person sells, installs, services, or monitors a camera system.

SECTIONi____.iiSection 1702.102(a), Occupations Code, is amended to read as follows:

(a)iiUnless the person holds a license as a security services contractor, a person may not:

(1)iiact as an alarm systems company, armored car company, camera systems company, courier company, guard company, guard dog company, locksmith company, or private security consultant company;

(2)iioffer to perform the services of a company in Subdivision (1); or

(3)iiengage in business activity for which a license is required under this chapter.

SECTIONi____.iiSubchapter J, Chapter 1702, Occupations Code, is amended by adding Section 1702.2245 to read as follows:

Sec.i1702.2245.iiCAMERA SYSTEMS INSTALLER. An individual acts as a camera systems installer for purposes of this chapter if the individual installs, maintains, or repairs a camera system.

SECTIONi____.iiSection 1702.328, Occupations Code, is amended to read as follows:

3650 81st Legislature — Regular Session 68th Day

Sec.i1702.328.iiSECURITY SYSTEMS SALES AND INSTALLATION. This chapter does not apply to:

(1)iia person who owns and installs a burglar detection or alarm device, electronic access control device, lock, or camera system on the person's own property or [, if the person does not charge for the device or the installation,] installs the device for the protection of the person's personal property located on another person's property and does not, as a normal business practice, install the devices on the property of another, and who does not perform any other act that requires a license or registration under this chapter;

(2)iia person in the business of building construction that installs electrical wiring and devices that may include in part the installation of a burglar alarm, electronic access control device, lock, camera system, or detection device if:

(A)iithe person is a party to a contract that provides that:

(i)iithe installation will be performed [under the direct supervision of,] and inspected and certified by[,] a person licensed to install and certify the alarm or detection device, electronic access control device, lock, or camera system; and

(ii)iithe license holder assumes full responsibility for the installation of the alarm or detection device; and

(B)iithe person does not service or maintain alarm systems, electronic access control devices, locks, camera systems, [or] detection devices, or any other device or service that requires a license or registration under this chapter;

(3)iia person who sells or installs automobile burglar alarm devices and who does not perform any other act that requires a license under this chapter; or

(4)iia person who sells exclusively by e-commerce, over the counter transactions, or mail order, alarm systems, electronic access control devices, locks, or detection devices, and who does not perform any other act that requires a license or registration under this chapter.

The amendment to CSHB 2730 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. 12.

Senator Hegar offered the following amendment to the bill:

Floor Amendment No. 13

Amend CSHB 2730 (Senate committee printing) as follows:

(1)iiIn SECTION 11.09 of the bill, strike amended Sections 411.187(a) and (c), Government Code (page 48, lines 1-48), and substitute the following:

(a)iA license may be suspended under this section if the license holder:

(1)iiis charged with the commission of a Class A or Class B misdemeanor or equivalent offense, or of an offense under Section 42.01, Penal Code, or equivalent offense, or of a felony under an information or indictment;

(2)ii[fails to display a license as required by Section 411.205;

[(3)]iifails to notify the department of a change of address or name as required by Section 411.181;

(3) [(4)]iicarries a concealed handgun under the authority of this subchapter of a different category than the license holder is licensed to carry;

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(4) [(5)]iifails to return a previously issued license after a license is modified as required by Section 411.184(d);

(5) [(6)]iicommits an act of family violence and is the subject of an active protective order rendered under Title 4, Family Code; or

(6) [(7)]iiis arrested for an offense involving family violence or an offense under Section 42.072, Penal Code, and is the subject of an order for emergency protection issued under Article 17.292, Code of Criminal Procedure.

(c)iiA license may be suspended under this section:

(1)iifor 30 days, if the person's license is subject to suspension for a reason listed in Subsection (a)(2), (3) [(a)(3)], or (4), [or (5),] except as provided by Subdivision (2) [(3)];

(2)ii[for 90 days, if the person's license is subject to suspension for a reason listed in Subsection (a)(2), except as provided by Subdivision (3);

[(3)]iifor not less than one year and not more than three years if the person's license is subject to suspension for a reason listed in Subsection (a), other than the reason listed in Subsection (a)(1), and the person's license has been previously suspended for the same reason;

(3) [(4)]iiuntil dismissal of the charges if the person's license is subject to suspension for the reason listed in Subsection (a)(1); or

(4) [(5)]iifor the duration of or the period specified by:

(A)iithe protective order issued under Title 4, Family Code, if the person's license is subject to suspension for the reason listed in Subsection (a)(5) [(a)(6)]; or

(B)iithe order for emergency protection issued under Article 17.292, Code of Criminal Procedure, if the person's license is subject to suspension for the reason listed in Subsection (a)(6) [(a)(7)].

(2)iiAdd the following appropriately numbered SECTIONS to ARTICLE 11 of the bill and renumber subsequent SECTIONS of that ARTICLE accordingly:

SECTIONi11.__.iiSection 411.205, Government Code, is amended to read as follows:

Sec.i411.205.iiREQUIREMENT TO DISPLAY [DISPLAYING] LICENSE[; PENALTY].ii[(a)]iiIf a license holder is carrying a handgun on or about the license holder's person when a magistrate or a peace officer demands that the license holder display identification, the license holder shall display both the license holder's driver's license or identification certificate issued by the department and the license holder's handgun license. [A person who fails or refuses to display the license and identification as required by this subsection is subject to suspension of the person's license as provided by Section 411.187.

[(b)iiA person commits an offense if the person fails or refuses to display the license and identification as required by Subsection (a) after previously having had the person's license suspended for a violation of that subsection. An offense under this subsection is a Class B misdemeanor.]

SECTIONi11.i__.iiAn offense under Section 411.205, Government Code, may not be prosecuted after the effective date of this article. If, on the effective date of this article, a criminal action is pending for an offense under Section 411.205, Government

3652 81st Legislature — Regular Session 68th Day

The amendment to CSHB 2730 was read.

Senator Hegar withdrew Floor Amendment No.i13.

Senator Shapiro offered the following amendment to the bill:

Floor Amendment No. 14

Amend CSHB 2730 (Senate committee printing) by adding the following appropriately numbered ARTICLE to the bill and renumbering subsequent ARTICLES of the bill accordingly:

ARTICLE ___. CRIMINAL HISTORY REPORTING

SECTIONi___.001. Chapter 60, Code of Criminal Procedure, is amended by adding Article 60.10 to read as follows:

Art.i60.10.iiDATA REPORTING IMPROVEMENT PLAN. (a)iiIn this article, "disposition completeness percentage" has the meaning assigned by Article 60.21(c).

(b)iiThis article applies only to a county that has an average disposition completeness percentage, including both juvenile and adult dispositions, of less than 90 percent, as reflected in the first report the Department of Public Safety submits under Article 60.21(b)(2) on or after January 1, 2009.

(c)iiThe commissioners court of a county described by Subsection (b) shall establish a local data advisory board as described by Article 60.09 not later than November 1, 2009. A local data advisory board established under this article may include any person described by Article 60.09(b) and must include:

(1)iithe sheriff of the county, or the sheriff's designee;

(2)iian attorney who represents the state in the district courts of the county;

(3)iian attorney who represents the state in the county courts of the county;

(4)iithe clerk for the district courts of the county, or the clerk's designee;

(5)iithe clerk for the county courts of the county, or the clerk's designee;

(6)iithe police chief of the municipality with the greatest population located in the county, or the chief's designee;

(7)iia representative of the county's automated data processing services, if the county performs those services; and

(8)iia representative of an entity with whom the county contracts for automated data processing services, if the county contracts for those services.

(d)iiIn addition to the duties described by Article 60.09(a), a local data advisory board established under this article must prepare a data reporting improvement plan. The data reporting improvement plan must:

(1)iidescribe the manner in which the county intends to improve the county's disposition completeness percentage;

(2)iiensure that the county takes the steps necessary for the county's average disposition completeness percentage to be equal to or greater than 90 percent in the first report the Department of Public Safety submits under Article 60.21(b)(2) on or after January 1, 2013; and

Wednesday, May 27, 2009 SENATE JOURNAL 3653

(3)iiinclude a comprehensive strategy by which the county will permanently maintain the county's disposition completeness percentage at or above 90 percent.

(e)iiNot later than June 1, 2010, a local data advisory board established under this article shall submit to the Department of Public Safety the data reporting improvement plan prepared for the county. On receipt of a data reporting improvement plan under this article, the department shall post the plan on the Internet website maintained by the department.

(f)iiThe public safety director of the Department of Public Safety may adopt rules concerning the contents and form of a data reporting improvement plan prepared under this article.

(g)iiThis article expires September 1, 2013.

SECTIONi___.002. Article 60.21, Code of Criminal Procedure, is amended by amending Subsection (b) and adding Subsection (c) to read as follows:

(b)iiThe Department of Public Safety shall:

(1)iimonitor the submission of arrest and disposition information by local jurisdictions;

(2)iiannually submit to the Legislative Budget Board, the governor, the lieutenant governor, the state auditor, and the standing committees in the senate and house of representatives that have primary jurisdiction over criminal justice and the Department of Public Safety [council] a report regarding the level of reporting by local jurisdictions;

(3)iiidentify local jurisdictions that do not report arrest or disposition information or that partially report information; and

(4)iifor use in determining the status of outstanding dispositions, publish monthly on the Department of Public Safety's Internet website or on another electronic publication a report listing each arrest by local jurisdiction for which there is no corresponding final court disposition.

(c)iiThe report described by Subsection (b)(2) must contain a disposition completeness percentage for each county in this state. For purposes of this subsection, "disposition completeness percentage" means the percentage of arrest charges a county reports to the Department of Public Safety to be entered in the computerized criminal history system under this chapter that were brought against a person in the county for which a disposition has been subsequently reported and entered into the computerized criminal history system.

The amendment to CSHB 2730 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. 14.

Senator Williams offered the following amendment to the bill:

Floor Amendment No. 15

Amend CSHB 2730 (Senate committee printing) by adding the following appropriately numbered ARTICLE to the bill and renumbering subsequent ARTICLES of the bill accordingly:

3654 81st Legislature — Regular Session 68th Day

ARTICLE ___. CRIMINAL HISTORY BACKGROUND CHECKS FOR CERTAIN EMPLOYEES OF INSTITUTIONS OF HIGHER EDUCATION

SECTIONi___.01.iiSubchapter B, Chapter 51, Education Code, is amended to read as follows:

SUBCHAPTER B. CRIMINAL HISTORY BACKGROUND CHECKS FOR POTENTIAL AND CURRENT EMPLOYEES [GENERAL PROPERTY DEPOSITS: INVESTMENT AND USES]

Sec.i51.051.iiDEFINITIONS. In this subchapter:

(1)ii"National criminal history record information" means criminal history record information obtained from the Department of Public Safety under Subchapter F, Chapter 411, Government Code, and the Federal Bureau of Investigation under Section 411.087, Government Code.

(2)ii"Governing board" and "institution of higher education" have the meanings assigned by Section 61.003.

Sec. 51.052. APPLICABILITY. This subchapter does not apply to an applicant for employment at or employee of an institution of higher education who is or will be a student enrolled in the institution during the person's employment. This section does not prohibit an institution from conducting a criminal history background check of a student applicant for a security-sensitive position at the institution.

Sec.i51.053.iiACCESS TO NATIONAL CRIMINAL HISTORY RECORD INFORMATION BY INSTITUTION. (a) An institution of higher education shall subscribe to the criminal history clearinghouse as provided by Section 411.0845, Government Code.

(b)iiAn institution may obtain from a law enforcement or criminal justice agency any criminal history record information, including information contained in a closed criminal investigation file, that relates to a specific applicant for employment with or an employee of the institution.

Sec.i51.054.iiPREEMPLOYMENT NATIONAL CRIMINAL HISTORY BACKGROUND CHECKS; RESTRICTIONS ON EMPLOYMENT. (a) An institution of higher education shall condition an offer of employment on obtaining acceptable national criminal history record information under Section 51.053.

(b)iiAn institution of higher education shall reject an application for employment if:

(1)iithe applicant fails to consent to a national criminal history background check or provide fingerprints necessary to obtain national criminal history record information; or

(2)iithe applicant's national criminal history record information indicates that the applicant has been convicted of:

(A)iia felony of the second degree, a felony of the first degree, or a capital felony under the laws of this state or of an equivalent offense under the laws of another jurisdiction; or

(B)iian offense for which registration as a sex offender is required under Chapter 62, Code of Criminal Procedure.

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(c)iiIf an applicant's national criminal history record information indicates that the applicant has been convicted of an offense, other than an offense listed under Subsection (b)(2), or arrested for any offense, the institution of higher education shall conduct an analysis under Section 51.058 to determine whether to employ the applicant.

(d)iiAfter an analysis under Section 51.058, an institution of higher education may employ an applicant whose national criminal history record information indicates that the applicant has been convicted of a felony, other than an offense listed under Subsection (b)(2), only if employment of the applicant is:

(1)iirecommended by the person in charge of the department or division to which the applicant has applied; and

(2)iiapproved by the chief executive officer of the institution or the officer's designee.

Sec.i51.055.iiPOST-EMPLOYMENT NATIONAL CRIMINAL HISTORY BACKGROUND CHECKS; TERMINATION OF EMPLOYMENT FOR FAILURE TO PROVIDE INFORMATION. (a) An institution of higher education shall conduct a national criminal history background check of an employee on promotion or transfer of the employee within the institution if the institution has not previously conducted a national criminal history background check of the employee. An institution may conduct additional criminal history background checks as necessary to maintain the integrity of the institution's faculty and staff.

(b)iiThe institution of higher education shall require that every employee of the institution provide the identification information and fingerprints necessary to conduct a national criminal history background check. The institution may immediately terminate the employment of an employee who fails to provide the information or fingerprints.

Sec.i51.056.iiFALSIFICATION OF CRIMINAL HISTORY; DISCIPLINARY AND OTHER ACTION. (a) An institution of higher education shall reject an application for employment if the applicant knowingly fails to provide or falsifies criminal history record information on an application.

(b)iiAn institution of higher education may take disciplinary action, including termination of employment, against an employee if the employee knowingly failed to provide or falsified criminal history record information on the employee's application for employment, a promotion, or a transfer.

(c)iiAn institution of higher education may make a decision to reject an application for employment under Subsection (a) or take disciplinary action against an employee under Subsection (b) without conducting an analysis under Section 51.058.

Sec.i51.057.iiINFORMATION REQUIRED TO BE REPORTED BY APPLICANTS AND EMPLOYEES; DISCIPLINARY ACTION. (a) An institution of higher education shall require:

(1)iian applicant for employment to report an arrest made after the applicant has submitted the application to the institution and before the institution has notified the applicant of a decision about employment of the applicant; and

3656 81st Legislature — Regular Session 68th Day

(2)iian employee to report to a supervisor, within 24 hours of the arrest, charge, or conviction, or at the earliest practicable opportunity after that 24-hour period, the employee's criminal arrest, charge, or conviction, other than for a misdemeanor traffic offense punishable by a fine only.

(b)iiA supervisor who receives a report from an employee under Subsection (a)(2) shall report the information to the person in charge of the department or division to which the employee is assigned and to the institution's human resources department.

(c)iiAn institution of higher education may take disciplinary action, including termination of employment, against an employee who fails to report as required by Subsection (a)(2).

(d)iiAn institution of higher education's human resources department or, in the case of a faculty member, the provost or provost's designee shall conduct an analysis under Section 51.058 and assist the department or division to which the employee is assigned in determining, for an arrest, charge, or conviction reported under Subsection (a)(2), the appropriate disciplinary action to take against the employee, which may include termination of employment.

(e)iiAn institution of higher education, on learning of an arrest, charge, or conviction reported under Subsection (a)(2), may immediately suspend with pay the employee pending the outcome of an administrative review under Subsection (d).

Sec.i51.058.iiANALYSIS OF CRIMINAL HISTORY RECORD INFORMATION AND SUBSEQUENT ACTIONS. (a) Except as provided by Section 51.054(b)(2), before rejecting an application for employment or taking disciplinary action against an employee on the basis of a criminal conviction, an institution of higher education must:

(1)iiconsider the following factors:

(A)iithe nature and gravity of the offense;

(B)iithe amount of time that has passed since:

(i)iithe conviction; and

(ii)iithe completion of a sentence imposed based on the conviction;

(C)iithe nature of the job sought or held;

(D)iithe number of convictions; and

(E)iithe institution's interest in protecting the safety and welfare of its employees, the general public, state property, and the integrity of the institution; and

(2)iidetermine that:

(A)iithe conviction is job-related; and

(B)iithe rejection of the application or disciplinary action against the employee is necessary to properly administer the institution.

(b)iiBefore rejecting an application for employment or taking disciplinary action against an employee on the basis of a criminal arrest, an institution of higher education must:

(1)iiconsider the following factors:

(A)iithe nature and gravity of the activity resulting in the arrest;

(B)iithe amount of time that has passed since the arrest;

(C)iithe nature of the job sought or held;

(D)iithe number of arrests;

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(E)iithe institution's interest in protecting the safety and welfare of its employees, the general public, state property, and the integrity of the institution;

(F)iian explanation of the arrest by the applicant or employee; and

(G)iiwhether the reason for arrest violates an institutional rule, policy, or procedure, regardless of whether the arrest resulted in a conviction; and

(2)iidetermine that:

(A)iithe alleged misconduct is job-related;

(B)iithe rejection of an application or disciplinary action is necessary to properly administer the institution; and

(C)iithe applicant or employee is likely to have engaged in the misconduct that caused the arrest.

Sec.i51.059.iiAPPEALS; DETERMINATION. (a) An applicant for employment may appeal a decision of an institution of higher education under this subchapter to refuse to employ the applicant only on the basis that the institution discriminated against the applicant for an unlawful reason, including the applicant's race, color, national origin, religion, sex, disability, or age.

(b)iiAn applicant alleging unlawful discrimination by the institution of higher education must, not later than the 10th business day after the date an application is rejected, present written data or documentation of the specific actions or basis of the allegation to the appropriate institution employee responsible for equal employment opportunity or the employee's designee.

(c)iiOn receiving the data or documentation, the employee responsible for equal employment opportunity or the employee's designee shall investigate the complaint and issue a written report of findings to the chief executive officer of the institution or the officer's designee.

(d)iiIf the chief executive officer or the officer's designee approves the report under Subsection (b), the officer or designee shall provide a copy of the report to the rejected applicant not later than the 14th day after the date the report is approved.

(e)iiThe governing board of an institution of higher education may adopt a separate appeals process under this section or may use an existing process regarding employee discipline and termination of employment.

Sec.i51.060.iiUSE AND DESTRUCTION OF NATIONAL CRIMINAL HISTORY RECORD INFORMATION. An institution of higher education shall:

(1)iiuse national criminal history record information obtained under this subchapter exclusively to verify employability; and

(2)iidestroy all national criminal history record information obtained under this subchapter as soon as practicable, consistent with the following:

(A)iifor an applicant for employment, after the position for which the applicant applied has been filled and the applicant that was hired reports for the first day of work; or

(B)iifor an employee, after the national criminal history record information has been analyzed and any resulting administrative action has been taken.

Sec.i51.061.iiPOLICIES. Each governing board of an institution of higher education shall adopt policies as necessary for the institution to comply with this subchapter.

3658 81st Legislature — Regular Session 68th Day

Sec.i51.062.iiNAME-BASED CRIMINAL HISTORY BACKGROUND CHECKS. (a) An institution of higher education may, in lieu of obtaining information under Section 51.053, contract with a private vendor to conduct name-based criminal history background checks on any current employee for which the institution has not previously conducted a national criminal history background check for the sole purpose of verifying continued employability.

(b)iiAn institution of higher education shall destroy name-based criminal history background check information obtained under Subsection (a) as soon as practicable after the information has been analyzed and any resulting administrative action has been taken.

SECTIONi___.02.iiSection 411.081(i), Government Code, is amended to read as follows:

(i)iiA criminal justice agency may disclose criminal history record information that is the subject of an order of nondisclosure to the following noncriminal justice agencies or entities only:

(1)iithe State Board for Educator Certification;

(2)iia school district, charter school, private school, regional education service center, commercial transportation company, or education shared service arrangement;

(3)iithe Texas Medical Board;

(4)iithe Texas School for the Blind and Visually Impaired;

(5)iithe Board of Law Examiners;

(6)iithe State Bar of Texas;

(7)iia district court regarding a petition for name change under Subchapter B, Chapter 45, Family Code;

(8)iithe Texas School for the Deaf;

(9)iithe Department of Family and Protective Services;

(10)iithe Texas Youth Commission;

(11)iithe Department of Assistive and Rehabilitative Services;

(12)iithe Department of State Health Services, a local mental health service, a local mental retardation authority, or a community center providing services to persons with mental illness or retardation;

(13)iithe Texas Private Security Board;

(14)iia municipal or volunteer fire department;

(15)iithe Texas Board of Nursing;

(16)iia safe house providing shelter to children in harmful situations;

(17)iia public or nonprofit hospital or hospital district;

(18)iithe Texas Juvenile Probation Commission;

(19)iithe securities commissioner, the banking commissioner, the savings and mortgage lending commissioner, or the credit union commissioner;

(20)iithe Texas State Board of Public Accountancy;

(21)iithe Texas Department of Licensing and Regulation;

(22)iithe Health and Human Services Commission;

(23)iithe Department of Aging and Disability Services; [and]

(24)iithe Texas Education Agency; and

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(25)iian institution of higher education, as defined by Section 411.094(a)(1)(A).

SECTIONi___.03.iiSection 411.094, Government Code, is amended by adding Subsection (f) to read as follows:

(f)iiNotwithstanding Subsection (c), an institution of higher education, as defined by Subsection (a)(1)(A), is entitled to obtain from the department criminal history record information maintained by the department that relates to a person who is employed by or is an applicant for employment at the institution, to the extent the information is necessary for the institution to administer the institution's duties under Subchapter B, Chapter 51, Education Code.

SECTIONi___.04.iiSection 51.215, Education Code, is repealed.

SECTIONi___.05.iiAs soon as practicable after the effective date of this Act, the governing board of a public institution of higher education shall adopt policies required by Section 51.061, Education Code, as added by this article.

The amendment to CSHB 2730 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. 15.

Senator Whitmire offered the following amendment to the bill:

Floor Amendment No. 16

Amend CSHB 2730 by adding a news SECTION ____ to read as follows:

SECTIONi____.iiSubchapter A, Chapter 411, Government Code, is amended by adding a new Section 411.0161 to read as follows:

DONATION OF ACCRUED COMPENSATORY TIME OR ACCRUED ANNUAL LEAVE FOR LEGISLATIVE PURPOSES.iiSectioni411.0161ii(a)iiThe director shall allow a department employee to voluntarily transfer to a legislative leave pool up to eight hours of compensatory time or annual leave per year earned by the employee.

(b)iiThe director or designee shall administer the legislative leave pool.

(c)iiThe Public Safety Commission shall adopt rules and prescribe procedures relating to the operation of the legislative leave pool.

(d)i The director or designee shall credit the legislative leave pool with the amount of time contributed by an employee and deduct a corresponding amount of time from the employee's earned compensatory time or annual leave as if the employee had used the time for personal purposes.

(e)iiAn employee is entitled to use time contributed to the legislative leave pool if the employee uses the time for legislative leave on behalf of a law enforcement association of at least 2000 active or retired members governed by a board of directors elected directly by department employees.

(f)iiThe director of the pool administrator shall transfer time from the pool to the employee and credit the time to the employee.

(g)iian employee may only withdraw time from the legislative leave pool in coordination and with the consent of the president or designee of the law enforcement association described in subsection (e), and may not draw more than 80 hours of time from the pool in a 160-hours work cycle with the maximum time taken not to exceed 480 hours per fiscal year.

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(h)iiIn addition to subsection (g), the use of any time from the legislative leave pool must also be in accordance with rules adopted by the Public Safety Commission.

The amendment to CSHB 2730 was read.

Senator Jackson offered the following amendment to Floor Amendment No. 16:

Floor Amendment No. 17

Amend Floor Amendment No. 16 to CSHB 2730 as follows:

On page 1, strike lines 21-25 and substitute the following:

(e)iiAn employee is entitled to use time contributed to the legislative leave pool if the employee uses the time for legislative leave on behalf of a law enforcement association of at least 1,000 active or retired members governed by a board of directors.

The amendment to Floor Amendment No.i16 to CSHB 2730 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. 17.

Question recurring on the adoption of Floor Amendment No.i16 to CSHBi2730, 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. 16 as amended except as follows:

Nays:iiZaffirini.

Senator Hegar offered the following amendment to the bill:

Floor Amendment No. 18

Amend CSHB 2730 (Senate committee report) by adding the following appropriately numbered article to the bill and renumbering subsequent articles of the bill accordingly:

ARTICLE ___. ALTERNATIVE METHODS OF OBTAINING CRIMINAL HISTORY INFORMATION AND REGISTRATION OF PRIVATE VENDORS TO OBTAIN CRIMINAL HISTORY INFORMATION

SECTIONi__.01.iiSubchapter F, Chapter 411, Government Code, is amended by adding Section 411.0852 to read as follows:

Sec.i411.0852.iiPRIVATE VENDORS PROVIDING CRIMINAL HISTORY RECORD INFORMATION; REGISTRATION OF VENDORS. (a) In this section:

(1)ii"Commission" means the Texas Commission of Licensing and Regulation.

(2)ii"Department" means the Texas Department of Licensing and Regulation.

(3)ii"Private vendor" means a person registered under this section to obtain both criminal history record information and identity verification through electronic-based data records for an entity authorized or required under the laws of this state to obtain criminal history record information, including national criminal history record information, regarding a person.

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(b)iiAn entity authorized or required under the laws of this state to obtain criminal history record information, including national criminal history record information, regarding a person may elect, as an alternative, to contract with a private vendor registered under this section to obtain both the criminal history record information and identity verification through electronic-based data records. If a governmental entity is required to obtain criminal history record information or verify a person's identity using the person's fingerprints, a private vendor with whom the state agency has contracted under this section must obtain the criminal history record information from the Department of Public Safety or verify the person's identity with the Department of Public Safety.

(c)iiThe commission by rule shall develop criteria for a vendor to register with the state to provide criminal history record information and perform identity verification. In developing the criteria, the commission shall consult with law enforcement officials and industry experts to ascertain the latest trends in and technologies available for conducting criminal background checks and identity verification. The commission may annually update the criteria based on the latest trends and the latest technologies available in conducting criminal background checks.

(d)iiA private vendor may not provide criminal history record information or perform identity verification for any entity authorized or required under the laws of this state to obtain the information or verification unless the vendor is registered in accordance with this section and rules adopted under this section. A vendor must submit to the department on the form prescribed by the department an application requesting registration to provide criminal history record information and perform identity verification for entities required or authorized to obtain criminal history record information.

(e)iiThe commission shall set fees in an amount sufficient to cover the costs to administer this section.

(f)iiA vendor registered by the department under this section may annually renew the registration by payment of a renewal fee and submitting to the department a renewal application on the form prescribed by the department.

(g)iiThe vendor shall report the results of a criminal background check and identity verification to the contracting entity by e-mail or other method approved by the department. The vendor's report must be viewable to the contracting entity through a secure Internet website.

(h)iiA person who violates this section or a rule or order issued under this section is subject to administrative penalties, civil penalties, and other penalties and enforcement proceedings under Chapter 51, Occupations Code.

(i)iiThe commission shall issue orders and adopt rules and criminal conviction guidelines necessary to ensure compliance with this section.

SECTIONi__.02.iiNot later than April 1, 2010, the Texas Commission of Licensing and Regulation shall develop criteria for registering a vendor to perform criminal background checks and identity verification under Section 411.0852, Government Code, as added by this article.

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SECTION __.03.iiNotwithstanding Section 411.0852(d), Government Code, as added by this article, a private vendor is not required to register with the Texas Department of Licensing and Regulation to provide criminal history record information or perform identity verifications before July 1, 2010.

SECTIONi__.04.iiSection 411.0852, Government Code, as added by this Act, applies only to a contract entered into, renewed, or extended, on or after July 1, 2010. A contract entered into, renewed, or extended, before July 1, 2010, is governed by the law in effect when the contract was entered into, renewed, or extended and the former law is continued in effect for that purpose.

The amendment to CSHB 2730 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. 18 except as follows:

Nays:iiNelson.

(Senator Carona in Chair)

(Senator Watson in Chair)

Senator Carona offered the following amendment to the bill:

Floor Amendment No. 19

Amend CSHB 2730 by adding the following SECTION to the bill, appropriately numbered, and renumbering existing SECTIONS accordingly:

SECTIONi____.iiSubchapter C, Chapter 521, Transportation Code, is amended by adding Section 521.060 to read as follows:

Sec.i521.060.iiDRIVER RECORD MONITORING PILOT PROGRAM. (a)iiThe department by rule may establish a driver record monitoring pilot program. The term of the pilot program may not exceed one year.

(b)iiUnder the pilot program, the department may enter into a contract with a person to provide driver record monitoring services, as described by Subsection (c), and certain information from the department's driver's license records to the person, if the person:

(1)iiis an employer, an insurer, an insurance support organization, an employer support organization, or an entity that self-insures its motor vehicles; and

(2)iiis eligible to receive the information under Chapter 730.

(c)iiA contract entered into by the department must require:

(1)iithe department, during the term of the contract, to:

(A)iimonitor the driver record of each holder of a driver's license issued by the department that is requested by the person with whom the department has contracted;

(B)iiidentify any change in the status of a driver's license or any conviction for a traffic offense reported to the department during the monitoring period; and

(C)iiperiodically, as specified in the contract, provide reports of those individuals identified as having a change in status or convictions to the person with whom the department has contracted; and

(2)iithe person with whom the department has contracted:

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(A)iito purchase under Section 521.046 a copy of the driver record of each individual identified in a report provided under Subdivision (1)(C);

(B)iito warrant that:

(i)iithe person will not directly or indirectly disclose information received from the department under the contract to a third party without the express written consent of the department, except as required by law or legal process; and

(ii)iiif a disclosure is required by law or legal process, the person will immediately notify the department so that the department may seek to oppose, limit, or restrict the required disclosure; and

(C)iiif the person is an insurance support organization, to warrant that the person will not seek to obtain information about a holder of a driver's license under the contract unless the license holder is insured by a client of the organization, and that the person will provide the department with the name of each client to whom the insurance support organization provides information received from the department under the contract.

(d)iiThe attorney general may file a suit against a person with whom the department has contracted under this section for:

(1)iiinjunctive relief to prevent or restrain the person from violating a term of the contract or from directly or indirectly disclosing information received from the department under the contract in a manner that violates the terms of the contract; or

(2)iia civil penalty in an amount not to exceed $2,000 for each disclosure in violation of those terms.

(e)iiIf the attorney general brings an action against a person under Subsection (d) and an injunction is granted against the person or the person is found liable for a civil penalty, the attorney general may recover reasonable expenses, court costs, investigative costs, and attorney's fees. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty under Subsection (d).

(f)iiA violation of the terms of a contract entered into with the department by the person with whom the department has contracted is a false, misleading, or deceptive act or practice under Subchapter E, Chapter 17, Business & Commerce Code.

(g)iiA civil action brought under this section shall be filed in a district court:

(1)iiin Travis County; or

(2)iiin any county in which the violation occurred.

(h)iiA person with whom the department has contracted under this section commits an offense if the person directly or indirectly discloses information received from the department under the contract in a manner that violates the terms of the contract. An offense under this subsection is a Class B misdemeanor. If conduct constituting an offense under this subsection also constitutes an offense under another law, the actor may be prosecuted under this subsection, the other law, or both.

(i)iiThe department shall impose a fee on each person with whom the department contracts under this section for the services provided by the department under the contract. The fee must be reasonable and be not less than the amount necessary to allow the department to recover all reasonable costs to the department associated with entering into the contract and providing services to the person under the contract, including direct, indirect, and administrative costs and costs related to the development and deployment of the pilot program.

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(j)iiThe department may establish a reasonable deadline by which a person must apply to enter into a contract with the department under this section and may not enter into a contract with a person who fails to apply before that deadline.

(k)iiTo the fullest extent practicable, the services of the department under a contract entered into under this section shall be provided by, through, or in conjunction with the interactive system established under Section 521.055.

(l)iiAt the conclusion of the term of the pilot program, and on the recommendation of the department, the commission may authorize the department to implement the pilot program as a permanent program.

(m)iiBefore the department recommends that the pilot program be implemented as a permanent program, the department shall submit to the lieutenant governor, the speaker of the house of representatives, and each member of the legislature a report that contains an analysis of the scope, effectiveness, and cost benefits of the pilot program. The report must include:

(1)iia list of each insurance support organization with which the department has contracted under this section; and

(2)iia list of each client to whom the insurance support organization has provided information received from the department under this section.

The amendment to CSHB 2730 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. 19.

Senator Lucio offered the following amendment to the bill:

Floor Amendment No. 20

Amend CSHB 2730 (Senate committee printing) by adding the following ARTICLE, appropriately numbered, and renumbering ARTICLES as necessary:

ARTICLEi___.iiSCHOOL BUS MONITORING SYSTEM

SECTIONi____.iiSection 545.066, Transportation Code, is amended by adding Subsection (g) to read as follows:

(g)iiAn image recorded by the monitoring system authorized by Section 547.701(b)(3) may be used in the administrative adjudication of a violation under this section if the image:

(1)iiis otherwise admissible;

(2)iiclearly shows the vehicle, including the license plate attached to the vehicle, at the time the offense is alleged to have occurred; and

(3)iiis accompanied by an affidavit executed by a peace officer stating that the image is authentic and that establishes probable cause that a violation occurred.

SECTIONi____.iiChapter 545, Transportation Code, is amended by adding Subchapter J to read as follows:

SUBCHAPTER J. SCHOOL BUS MONITORING SYSTEM

Sec.i545.451.iiAPPLICABILITY OF SUBCHAPTER. This subchapter applies only to a county that has a population of more than 325,000 and that is located adjacent to:

(1)iian international border; and

(2)iia county that has a population of more than 550,000.

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Sec.i545.452.iiDEFINITIONS. In this subchapter:

(1)ii"Owner of a motor vehicle" means the owner of a motor vehicle as shown on the motor vehicle registration records of the Texas Department of Transportation or the analogous department or agency of another state or country.

(2)ii"Recorded image" means a live or recorded photographic, electronic, video, or digital image that depicts a motor vehicle.

(3)ii"School bus monitoring system" means a system authorized by Section 547.701(b)(3).

Sec.i545.453.iiAUTHORITY TO PROVIDE FOR PENALTY. (a)iiThe board of trustees of a school district by resolution may impose a financial penalty on the registered owner of a vehicle that is operated in a manner that violates Section 545.066 within the school district.

(b)iiThe resolution adopted under this section must:

(1)iiprovide for a penalty of not less than $1 or more than $250;

(2)iiauthorize an attorney employed by the school district or an attorney with whom the school district contracts to bring suit to collect the penalty;

(3)iiprovide for notice of the violation to the registered owner of the motor vehicle that committed the violation;

(4)iiprovide that a person against whom the school district seeks to impose a penalty is entitled to an administrative adjudication hearing;

(5)iidesignate the department, agency, or office of the school district responsible for the enforcement and administration of the resolution or provide that the entity with which the school district enters into an interlocal agreement of understanding under Section 545.454(3) is responsible for the enforcement and administration of the resolution;

(6)iiprovide regulations for the use of live or recorded images recorded by the school bus monitoring system; and

(7)iiprovide for other procedures that the board determines are necessary for the imposition of any penalty authorized by this section.

(c)iiExcept as otherwise provided:

(1)iiby this subchapter, an image recorded by the monitoring system authorized by Section 547.701(b)(3) that is not used in the prosecution of an offense under this section shall be destroyed by the owner of the school bus; or

(2)iiby Section 545.066(g), an image recorded by the monitoring system authorized by Section 547.701(b)(3) may not be sold or distributed to another person.

(d)iiPenalties collected under this section may be used by a school district only to cover the cost of:

(1)iiinstalling, operating, and maintaining the school bus monitoring system;

(2)iicollecting a penalty imposed under this section;

(3)iideveloping and implementing a program that promotes student safety; or

(4)iicomplying with Section 547.701(e) relating to three point seatbelts for school buses.

Sec.i545.454.iiINSTALLATION AND OPERATION OF SCHOOL BUS MONITORING SYSTEM. A school district that implements a school bus monitoring system and adopts a resolution imposing a penalty under this subchapter may:

(1)iicontract for the administration and enforcement of the system;

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(2)iiinstall and operate the system or contract for the installation or operation of the system;

(3)iienter into an interlocal agreement with a municipality or county in which the school district is located regarding administrative adjudication hearings required by a resolution adopted under this subchapter; or

(4)iienter into an interlocal agreement with another school district regarding the administration, enforcement, installation, or operation of the system.

Sec.i545.455.iiGENERAL SURVEILLANCE PROHIBITED; OFFENSE. (a)iiA school district shall operate a monitoring system authorized by Section 547.701(b)(3) only for the purpose of detecting a violation or suspected violation of Section 545.066 within the school district.

(b)iiA person commits an offense if the person uses a school bus monitoring system to produce a recorded image other than in the manner and for the purpose specified by a resolution adopted under Section 545.453.

(c)iiAn offense under this section is a Class A misdemeanor.

Sec.i545.456.iiEFFECT ON OTHER ENFORCEMENT. (a)iiThe implementation of a school bus monitoring system by a school district under this subchapter does not:

(1)iipreclude the application or enforcement within the school district of Section 545.066 in the manner prescribed by Chapter 543; or

(2)iiprohibit a peace officer from arresting a violator of Section 545.066 as provided by Chapter 543 or from issuing the violator a citation and notice to appear as provided by that chapter.

(b)iiA school district may not impose a penalty under this subchapter on the owner of a motor vehicle if the operator of the vehicle was arrested or issued a citation and notice to appear by a peace officer for the same violation of Section 545.066 recorded by the school bus monitoring system.

Sec.i545.457.iiNOTICE OF VIOLATION; CONTENTS. (a)iiThe imposition of a penalty under this subchapter is initiated by the mailing of a notice of violation to the owner of the motor vehicle against whom the school district seeks to impose the penalty.

(b)iiNot later than the 30th day after the date the violation is alleged to have occurred, the designated department, agency, or office of the school district or the entity with which the school district enters into an interlocal agreement under Section 545.454(3) shall mail the notice of violation to the owner of the motor vehicle at:

(1)iithe owner's address as shown on the registration records of the Texas Department of Transportation; or

(2)iiif the vehicle is registered in another state or country, the owner's address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Texas Department of Transportation.

(c)iiThe notice of violation must contain:

(1)iia description of the violation alleged;

(2)iithe location where the violation occurred;

(3)iithe date and time of the violation;

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(4)iithe name and address of the owner of the vehicle involved in the violation;

(5)iithe registration number displayed on the license plate of the vehicle involved in the violation;

(6)iia copy of a recorded image of the violation that includes a depiction of the registration number displayed on the license plate of the vehicle involved in the violation;