SENATE JOURNAL
EIGHTY-SECOND LEGISLATURE — REGULAR SESSION


AUSTIN, TEXAS


PROCEEDINGS

SIXTY-NINTH DAY
(Friday, May 27, 2011)

The Senate met at 10:31 a.m. pursuant to adjournment and was called to order by President Pro Tempore Ogden.

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

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

Pastor Eric Louis Jordan, A Breath of Praise Community Church, Round Rock, offered the invocation as follows:

Most gracious God, creator of heaven and Earth, our high tower that oversees this turbulent land, our shelter in the time of storm, I ask You to lead these men and women, these dignitaries and emissaries of freedom. I ask that Your wisdom abide with them, I pray that Your mercy stirs the compassion in them, that Your grace is sufficient for them, and Your love motivates them to love one another even as You have loved them. I ask in troubled times of economic uncertainty: restore hope, restore hope that You are able to supply our every need. I pray, despite these times of divisiveness, You are able to bring about unity. I pray that even though the threat of terrorism is still great, You are greater and able to protect this great state and country. Give our lawmakers the wisdom and ability to hear Your voice when the voice of righteousness is suppressed. Remind us that You are not the author of confusion but the progenitor of harmony. Now unto Him who is able to keep us from falling and to present us before Your glory with exceeding joy, to the only wise God and savior be glory and majesty, power and dominion, both now and forevermore. Amen.

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

The motion prevailed without objection.

PHYSICIAN OF THE DAY

Senator Watson was recognized and presented Dr. Jim Brown of Austin as the Physician of the Day.

The Senate welcomed Dr. Brown and thanked him for his participation in the Physician of the Day program sponsored by the Texas Academy of Family Physicians.

SENATE RESOLUTION 1125

Senator Davis offered the following resolution:

SR 1125, Recognizing John F. Carter for his entrepreneurial success.

The resolution was again read.

The resolution was previously adopted on Monday, May 23, 2011.

GUESTS PRESENTED

Senator Davis was recognized and introduced to the Senate John Carter, accompanied by members of his family: wife, Maria; son, James; mother, Francie Cobb; stepfather, Lance Cobb; family au pair, Amanda Melin; father-in-law and mother-in-law, Juan and Mary Hernandez; and aunt, Adelita Acosta.

The Senate welcomed its guests.

BILLS AND RESOLUTION SIGNED

The President Pro Tempore announced the signing of the following enrolled bills and resolution in the presence of the Senate after the captions had been read:

SB 20, SB 167, SB 176, SB 181, SB 218, SB 220, SB 229, SB 349, SB 438, SB 548, SB 683, SB 701, SB 761, SB 802, SB 804, SB 810, SB 812, SB 917, SB 1386, SB 1477, SB 1504, SB 1686, SB 1714, SCR 56.

SENATE RESOLUTION 1221

Senator Lucio offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pride in recognizing Ian Randolph for over 20 years of outstanding service to Senator Eddie Lucio, Jr., and to the state; and
WHEREAS, A longtime Senate employee who has built a strong reputation as a dedicated and highly effective staff member, Ian Randolph has brought his keen understanding of the legislative process and his thorough knowledge of complex policy issues to bear while working to ensure that the best interests of the people of Texas are represented in the Capitol at all times; and
WHEREAS, After almost a decade of service at The University of Texas Faculty Center, Mr. Randolph began his involvement in legislative affairs in 1990 as a research assistant for the Texas Task Force on State and Local Drug Control Policy; and
WHEREAS, Over the course of his distinguished career, he has become known for his warm and outgoing nature, his friendly demeanor, and the depth and breadth of his knowledge and experience; he has performed practically all of the jobs available in a legislative office, including policy analyst, committee director, legislative director, and chief of staff; and
WHEREAS, He has worked through 11 regular sessions and 16 special sessions as a valued staff member for Senators Ted Lyon, David Cain, and Eddie Lucio, Jr.; even during the longest hours and latest nights of a legislative session, he has been noted for his generosity of spirit and his ability to see all sides of an issue; and
WHEREAS, He has worked on key legislation that has made a real difference in the lives of Texas citizens, including: Senate Bill 8, passed by the 77th Legislature, which established parity in health insurance reimbursements for women's health procedures; Senate Bill 60, passed by the 79th Legislature, which established the sentencing option of life without parole for capital offenses, previously only punishable by death or a life sentence under which the defendant would eventually become eligible for parole; and the Senate's Committee Substitute for House Bill 323, passed by the 80th Legislature, which created the requirement that school buses be equipped with three-point seat belts; and
WHEREAS, A familiar figure in the halls of the Capitol, Ian Randolph has been a valuable resource to all who seek to draw on his knowledge, whether they be veteran staffers or newcomers to the process; he goes out of his way to be friendly to everyone, regardless of their position, status, or connections, and he always gives credit where credit is due, never accepting a compliment without sharing it with his co-workers; and
WHEREAS, He is devoted to his family and encourages his fellow employees to attend to their families as well; his wife, Jane, to whom he has been married since 2006, and his daughter, Gracie, have enriched his life immeasurably, and he has been able to count on their loving support in all of his endeavors; an exceptional public servant and an even better human being, he is respected and admired by all who know him, and his presence in the Capitol will be greatly missed; now, therefore, be it
RESOLVED, That the Senate of the State of Texas, 82nd Legislature, hereby commend Ian Randolph on his outstanding service to the people of Texas and extend to him best wishes for continued success in all his future endeavors; and, be it further
RESOLVED, That a copy of this Resolution be prepared for him as an expression of gratitude and esteem from the Texas Senate.

SR 1221 was read.

On motion of Senator Ellis and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.

On motion of Senator Lucio, the resolution was adopted without objection.

REMARKS ORDERED PRINTED

On motion of Senator Ellis and by unanimous consent, the remarks by Senator Lucio regarding SR 1221 were ordered reduced to writing and printed in the Senate Journal as follows:

Mr. President and Members, thank you very much for allowing me to bring this resolution to the floor today. It's an important morning for me to be able to have the opportunity to reflect on a great Texan. This resolution recognizes someone I consider one of the best public servants I've ever worked with. Ian Randolph, my chief of staff, is moving on after 21 years of service in the Texas Senate. As you know, Members, the Senate is a place governed by rules and traditions, and Ian's knowledge of these rules and traditions has made him a valuable resource to my office over the years. And yet, as one of my staff said yesterday, Ian is not the kind of person to hoard knowledge, instead he always has time for people. He is always willing to help others, and he goes out of his way to be friendly to everyone regardless of their position. Ian will be sorely missed by my staff and me. His patience and kindness shine through when you see him working with others as he shepherds them through the process, and I've seen this over the years, and I'm always so happy to see someone do this. To summarize, Ian is a lot like one of those holding midfielder captains you see on those English soccer teams like Aston Villa, that's Ian's favorite team. Ian plays that holding midfielder role extremely well, he sets others up to succeed, he tackles back when the pressure is on, and he leads his teammates through his tireless example. In addition to his work here at the Capitol, Ian is a dedicated family man. We are joined here today by Ian's very lovely wife, Jane, and his daughter, Graciella, "Gracie." They will surely testify to how wonderful a father and husband Ian truly is. There are so many stories that I could reflect on, but one that brought a smile to my face was back when Senator Cain, who joins us here in the west gallery, Senator David Cain, assistant, and the only way he was able to kill my GARVEE bonds is because he had Ian by his side, very knowledgeable of what these represented, and I thought for sure we were finding enough to build some infrastructure down in South Texas. But the only consolation I get is that now they want to use GARVEE bonds to do that. But Ian single-handedly, I think, helped kill that legislation, so it was very hard for me when Paul Cowan, my former chief of staff, Patsy, brought Ian to me and I said, this is the guy that killed my bills not too long ago. But I knew that he had an extremely kind heart, very compassionate man. And I got to know that even better when I met his dad, an outstanding American who got to be with his son for a few years before he passed on. And I can tell you one thing, Ian is more than a chief of staff to me. He's family, and he's my little brother, and I just respect and admire all of the things that he has done in the course of his life. He served with an open heart, and that's the kind of people I really care to see here in the Capitol. I always ask people, Wendy, and tell my assistants, I really don't care how much you know, I want to know how much you care, as you work in this building that represents the people of our great state. I could talk all morning about many things we accomplished together, some of those have been mentioned this morning, but there's so much more than a resolution in the life of Ian Randolph, who I consider one of the top employees ever in state government.

GUESTS PRESENTED

Senator Lucio was recognized and introduced to the Senate Ian Randolph, his wife, Jane, and his daughter, Gracie.

The Senate welcomed its guests.

ACKNOWLEDGMENT

The President Pro Tempore acknowledged the presence of former Senator David Cain.

The Senate welcomed its guest.

GUEST PRESENTED

Senator West was recognized and introduced to the Senate Tom Bohanan of Boy Scouts of America, Circle 10 Council.

The Senate welcomed its guest.

HOUSE CONCURRENT RESOLUTION 165

The President Pro Tempore laid before the Senate the following resolution:

WHEREAS, The Texas Commission on the Arts has announced the 2011 and 2012 appointments for the positions of State Poet Laureate, State Musician, State Two-Dimensional Artist, and State Three-Dimensional Artist; and
WHEREAS, Honorees are chosen for the exceptional quality of their work and for their outstanding commitment to the arts in Texas; nominees must either be native Texans or have resided in the state for at least five years; in addition, they must have received critical recognition from state, regional, and national publications, and they must have attained the highest levels of excellence in their respective disciplines; and
WHEREAS, David M. Parsons is the 2011 Texas State Poet Laureate; inducted into the Texas Institute of Letters in 2009, Mr. Parsons is the recipient of numerous awards, among them a National Endowment for the Humanities Dante Fellowship to the State University of New York and the French/American Legation Poetry Prize; he has published two collections of poems, and his work has appeared in numerous journals and magazines, including Gulf Coast, The Texas Review, and Louisiana Literature; and
WHEREAS, The 2011 Texas State Musician is singer-songwriter Lyle Lovett, who has blurred genre boundaries over the course of 14 albums that deftly combine elements of country, swing, jazz, folk, gospel, and blues; a four-time Grammy Award winner, Mr. Lovett has logged significant time at the top of the Billboard charts; he has branched successfully into acting as well, appearing in 13 feature films, including several noteworthy Robert Altman pictures, and he is active in many philanthropic causes; and
WHEREAS, Melissa W. Miller has been selected as the 2011 Texas State Two-Dimensional Artist; acclaimed for her bold, imaginative, allegorical paintings of animals, she has pursued an iconoclastic path since the mid-1970s; her works have been exhibited at many major museums across the nation, including the Corcoran Museum in Washington, D.C., and the Brooklyn Museum of Fine Arts, and they have been featured in the Whitney and Venice Biennials; an associate professor of art at The University of Texas at Austin, Ms. Miller has also been a visiting lecturer and guest artist at more than 40 universities, colleges, and art institutes; and
WHEREAS, Corpus Christi native and Rockport resident Jesus Moroles is the 2011 Texas State Three-Dimensional Artist; more than 2,000 of his works have found a place in museums and corporate, public, and private collections; his "Lapstrake," a massive 22-foot, 64-ton abstract sculpture, is located across from the Museum of Modern Art in New York, and his work was featured in the landmark traveling exhibition Contemporary Hispanic Art in the United States; Mr. Moroles has also served on the board of the Smithsonian American Art Museum and received the 2008 National Medal of Arts; and
WHEREAS, The 2012 Texas Poet Laureate is Jan Seale, the author of six poetry volumes and several books of short fiction and essays; her writing has appeared in Texas Monthly, The Yale Review, and other periodicals, as well as numerous anthologies, and her work has been featured on National Public Radio; a popular presenter, she has given readings and workshops around the country, and she is the recipient of a National Endowment for the Arts fellowship; and
WHEREAS, Billy F Gibbons of ZZ Top fame has been selected as the 2012 Texas State Musician; a much-imitated guitarist, he is also the lead singer of the iconic band, which was inducted into the Rock and Roll Hall of Fame in 2004, and he wrote many of its blockbuster hits; he has collaborated with a wide range of artists, among them B. B. King, Queens of the Stone Age, Roky Erickson, and Les Paul; in addition, he is a car customizer and actor and plays a recurring role on the television series Bones as a fictionalized version of himself; and
WHEREAS, The 2012 Texas State Two-Dimensional Artist is Karl Umlauf, who grew up in Austin; after completing his master of fine arts degree at Cornell University in 1963, he began teaching at the University of Pennsylvania, and his paintings were exhibited in a number of prominent East Coast galleries and museums; his long career in higher education eventually brought him to East Texas State University and then Baylor University; he has won many prizes and purchase awards for reliefs in a variety of materials, including fiberglass and cast paper; fascinated with geological substrata and archeological burial sites as well as salvage yards and abandoned industrial sites, he has concentrated on imaginative facades since 2000; and
WHEREAS, Bill FitzGibbons has been selected as the 2012 Texas State Three-Dimensional Artist; a former Fulbright Scholar, he is known for large-scale light sculptures that transform building walls into elaborately programmed spectrums of constantly moving light; he has received more than 30 public art commissions in five countries; since 2002, he has served as the executive director of the Blue Star Contemporary Art Center in San Antonio, and he is a member of the board of the International Sculpture Center; and
WHEREAS, The men and women who have been selected to hold these prestigious posts for the next two years have all greatly contributed to the vibrant cultural life of the Lone Star State, and Texas is indeed fortunate to be home to these talented artists; now, therefore, be it
RESOLVED, That the 82nd Legislature of the State of Texas hereby honor the 2011 and 2012 appointees to the positions of State Poet Laureate, State Musician, State Two-Dimensional Artist, and State Three-Dimensional Artist and extend to each of them sincere best wishes for continued creativity and achievement.

ELTIFE

HCR 165 was read.

On motion of Senator Williams and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.

On motion of Senator Eltife, the resolution was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of the resolution.

GUESTS PRESENTED

Senator Eltife was recognized and introduced to the Senate a Texas State Artists delegation: Musicians, Lyle Lovett and Billy F Gibbons; Poets Laureate, Jan Epton Seale and David M. Parsons; Two-Dimensional Artists, Karl Umlauf and Melissa Miller; and Three-Dimensional Artists, Jesus Moroles and Bill FitzGibbons.

The Senate welcomed its guests.

SENATE BILL 5 WITH HOUSE AMENDMENTS

Senator Zaffirini called SB 5 from the President's table for consideration of the House amendments to the bill.

The President Pro Tempore laid the bill and the House amendments before the Senate.

Floor Amendment No. 1

Amend SB 5 (house committee printing) as follows:
(1)  In SECTION 1.01 of the bill, in added Section 51.003(f), Education Code (page 1, line 17), strike "institution's operations in a foreign country" and substitute "institution's academic and research operations in the foreign country in which the bank is located, provided that no appropriated or tuition funds other than those collected from students enrolled in the affected programs are deposited".
(2)  In SECTION 1.05 of the bill, in amended Section 1231.041, Government Code (page 6, lines 16 and 17), strike "unless the general revenue of the state is pledged to the payment of the security." and substitute the following:
if:
(1)  the institution or the university system of which the institution is a component has an unenhanced long-term debt rating of at least AA- or its equivalent; and
(2)  the general revenue of this state is not pledged to the payment of the security.
(3)  In SECTION 4.01 of the bill, in the heading to added Section 61.0573, Education Code (page 15, line 21), strike "PROJECTS EXEMPT FROM BOARD APPROVAL" and substitute "EXPEDITED PROCESS FOR CERTAIN PROJECTS".
(4)  In SECTION 4.01 of the bill, in added Section 61.0573(d), Education Code (page 16, line 24), strike "or a new higher education center" and substitute ", a new off-campus educational unit, or a new higher education center".
Floor Amendment No. 2

Amend SB 5 (house committee printing) as follows:
(1)  In SECTION 1.02 of the bill, in added Section 51.012, Education Code (page 4, line 24), strike ", including a payment of salary or wages,".
(2)  In SECTION 3.01 of the bill, at the end of added Section 51.9611, Education Code (page 13, between lines 26 and 27), add the following subsection:
(e)  This section does not authorize a payroll deduction for dues or membership fees payable to a labor union or employees association.
(3)  In ARTICLE 3 of the bill, add the following appropriately numbered SECTION to the ARTICLE and renumber the SECTIONS of that ARTICLE appropriately:
SECTION 3.___.  Subchapter E, Chapter 1601, Insurance Code, is amended by adding Section 1601.2041 to read as follows:
Sec. 1601.2041.  EMPLOYEE DEDUCTION FOR AUTOMATIC COVERAGE. Each individual automatically enrolled in a uniform program under Section 1601.104 is considered to have authorized a deduction from the participant's monthly compensation in an amount equal to the difference between:
(1)  the total cost of the employee's basic coverage; and
(2)  the amount contributed by the system for the employee's basic coverage.

Floor Amendment No. 3

Amend SB 5 (house committee printing) as follows:
(1)  In ARTICLE 6 of the bill, add the following appropriately numbered SECTION to the ARTICLE and renumber the SECTIONS of that ARTICLE appropriately:
SECTION 6.___.  Section 51.3062(n), Education Code, is amended to read as follows:
(n)  Each institution of higher education, other than a medical and dental unit, shall report annually to the board on the success of its students and the effectiveness of its Success Initiative.
(2)  In SECTION 6.02 of the bill, in added Section 51.406(b), Education Code, strike Subdivision (3) (page 23, line 15, referencing Section 51.0051, Education Code), Subdivision (11) (page 23, line 23, referencing Section 2101.011, Government Code), and Subdivision (12) (page 23, line 24, referencing Section 2102.009, Government Code) and renumber the subdivisions of added Section 51.406(b) accordingly.
(3)  In SECTION 6.03 of the bill, in added Section 51.914(b), Education Code (page 26, lines 2 and 3), strike "commercialization or research, or that consists of unpublished research results or data" and substitute "commercialization or a proposed research agreement, contract, or grant, or that consists of unpublished research or data that may be commercialized".
(4)  Strike SECTION 6.04 of the bill (page 26, lines 9-24, amending Section 61.051(h), Education Code) and SECTION 6.05 of the bill (page 26, line 25, through page 27, line 2, adding Section 61.0582(f), Education Code) and renumber the SECTIONS of ARTICLE 6 of the bill accordingly.
(5)  In SECTION 7.01 of the bill, in Subsection (a) (page 32, lines 2-17), insert the following appropriately numbered subdivisions:
(    )  Section 61.9685, Education Code;
(    )  Section 2056.011, Government Code;
(6)  In SECTION 7.01 of the bill, in Subsection (a), strike Subdivision (7) (page 32, line 11, referencing Section 62.098, Education Code) and renumber the other subdivisions accordingly.
(7)  In SECTION 7.01 of the bill, in Subsection (b) (page 32, line 18, through page 33, line 10), insert the following appropriately numbered subdivision and renumber the other subdivisions accordingly:
(    )  Section 61.0582;

Floor Amendment No. 4

Amend SB 5 (amended version) as follows:
(1)  In Section 2.03 of the bill, in the introductory language (page 10, line 24) strike "Sections 51.9336 and 51.9337" and insert "Section 51.9336"
(2)  In Section 2.03 of the bill (page 11, lines 10-19) strike proposed Section 51.9337 in its entirety

Floor Amendment No. 5

Amend SB 5 (house committee printing) in ARTICLE 3 of the bill, by striking SECTION 3.02 (page 13, line 27, through page 14, line 21), and renumbering subsequent SECTIONS of ARTICLE 3 of the bill appropriately.

Floor Amendment No. 6

Amend SB 5 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Subchapter Z, Chapter 51, Education Code, is amended by adding Section 51.9741 to read as follows:
Sec. 51.9741.  INTERNET ACCESS TO FINANCIAL TRANSACTIONS. (a) Each institution of higher education, as defined by Section 61.003, shall post on the institution's Internet website a copy of the institution's financial transactions to the extent necessary to provide, for each payment drawn from money appropriated from the state general revenue fund or received as student tuition or fee payments:
(1)  the amount of the payment;
(2)  the date of the payment;
(3)  a brief description of the purpose of the payment; and
(4)  the name of the payee.
(b)  An institution of higher education may comply with this section by providing on the institution's Internet website an easily noticeable direct link, the purpose of which is clearly identifiable, to an Internet website maintained by the comptroller that provides information concerning the institution that is substantially similar to the information required under Subsection (a).

Floor Amendment No. 7

Amend SB 5 by adding the following appropriately numbered SECTION and by renumbering the existing SECTIONS as appropriate
SECTION ____.  Subchapter X, Chapter 54, Education Code, is amended by adding Section 54.552 to read as follows:
Sec. 54.552. STUDENT FEES ADVISORY COMMITTEES; OPEN MEETINGS. Any student fee advisory committee established under this chapter shall be subject to Chapter 551, Government Code.

Floor Amendment No. 1 on Third Reading

Amend SB 5 on third reading by striking the text added to the bill by Floor Amendment No. 7 by Hughes, substituting the following appropriately numbered ARTICLE, and renumbering the ARTICLES and SECTIONS of the bill accordingly:
ARTICLE ____. STUDENT FEE ADVISORY COMMITTEES
SECTION ____.01. Subchapter E, Chapter 54, Education Code, is amended by adding Section 54.5033 to read as follows:
Sec. 54.5033.  STUDENT FEE ADVISORY COMMITTEE MEETINGS OPEN TO PUBLIC. (a) A student fee advisory committee established under this chapter shall conduct meetings at which a quorum is present in a manner that is open to the public and in accordance with procedures prescribed by the president of the institution.
(b)  The procedures prescribed by the president must:
(1)  provide for notice of the date, hour, place, and subject of the meeting at least 72 hours before the meeting is convened; and
(2)  require that the notice be:
(A)  posted on the Internet; and
(B)  published in a student newspaper of the institution, if an issue of the newspaper is published between the time of the Internet posting and the time of the meeting.
(c)  The final recommendations made by a student fee advisory committee must be recorded and made public.

Floor Amendment No. 2 on Third Reading

Amend SB 5, on third reading, in added Subsection (b), Section 51.9741, Education Code, by striking "substantially similar" and substituting "similar".

Floor Amendment No. 3 on Third Reading

Amend SB 5 on third reading as follows:
In Section 51.406(b), Education Code, as added by SECTION 6.02 of the bill, strike Subdivision (9) referencing Section 2052.103, Education Code, (page 23, line 21, house committee printing) and renumber the remaining subdivisions accordingly.

Floor Amendment No. 4 on Third Reading

Amend SB 5 on third reading as follows:
(1)  Add the following appropriately numbered SECTION to the bill, renumbering the other sections of the bill accordingly:
SECTION ____.  Subtitle D, Title 3, Education Code, is amended by adding Chapter 89 to read as follows:
CHAPTER 89. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE CENTER
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 89.001. DEFINITIONS. In this chapter:
(1)  "Board" means the board of regents of The Texas A&M University System.
(2)  "Health science center" means The Texas A&M University System Health Science Center.
Sec. 89.002. COMPOSITION. (a)  The Texas A&M University System Health Science Center is composed of the following component institutions, agencies, and programs under the management and control of the board:
(1)  The Texas A&M University System Health Science Center College of Medicine;
(2)  The Texas A&M University System Health Science Center Baylor College of Dentistry;
(3)  The Texas A&M University System Health Science Center School of Rural Public Health;
(4)  The Texas A&M University System Health Science Center Irma Lerma Rangel College of Pharmacy;
(5)  The Texas A&M University System Health Science Center College of Nursing;
(6)  The Texas A&M University System Health Science Center School of Graduate Studies;
(7)  The Texas A&M University System Health Science Center Institute of Biosciences and Technology;
(8)  The Texas A&M University System Health Science Center Coastal Bend Health Education Center;
(9)  The Texas A&M University System Health Science Center South Texas Health Center; and
(10)  The Texas A&M University System Health Science Center Rural and Community Health Institute;
(b)  The Texas A&M University System Health Science Center Baylor College of Dentistry may use the name "Baylor" only:
(1)  in accordance with:
(A)  a license agreement between the health science center and Baylor University; or
(B)  other written approval from Baylor University; or
(2)  as otherwise permitted by law.
Sec. 89.003. MANDATORY VENUE. (a)  Venue for a suit filed against the health science center, any component institution, agency, or program of the health science center, or any officer or employee of the health science center is in Brazos County.
(b)  This section does not waive any defense to or immunity from suit or liability that may be asserted by an entity or individual described by this section.
(c)  In case of a conflict between this section and any other law, this section controls.
Sec. 89.004. EXPENDITURE OF STATE FUNDS. The board is authorized to expend funds appropriated to it by the legislature for all lawful purposes of the health science center and its component institutions, agencies, and programs as well as funds available under the authority of Section 18, Article VII, Texas Constitution, for the purposes expressed in that section for the support of the health science center and its component institutions, agencies, and programs.
[Sections 89.005-89.050 reserved for expansion]
SUBCHAPTER B. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE CENTER IRMA LERMA RANGEL COLLEGE OF PHARMACY
Sec. 89.051. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE CENTER IRMA LERMA RANGEL COLLEGE OF PHARMACY. (a)  The board shall maintain a college of pharmacy as a component of the health science center.
(b)  The college shall be known as The Texas A&M University System Health Science Center Irma Lerma Rangel College of Pharmacy, and the primary building in which the school is operated in Kleberg County must include "Irma Rangel" in its official name.
(2)  Add the following appropriately numbered SECTION to the bill, renumbering the other sections of the bill accordingly:
SECTION ____.  Section 61.003(5), Education Code, is amended to read as follows:
(5)  "Medical and dental unit" means The Texas A&M University System Health Science Center and its component institutions, agencies, and programs; The University of Texas Medical Branch at Galveston; The University of Texas Southwestern Medical Center at Dallas; The University of Texas Medical School at San Antonio; The University of Texas Dental Branch at Houston; The University of Texas M. D. Anderson Cancer Center; The University of Texas Graduate School of Biomedical Sciences at Houston; The University of Texas Dental School at San Antonio; The University of Texas Medical School at Houston; The University of Texas Health Science Center--South Texas and its component institutions, if established under Subchapter N, Chapter 74; the nursing institutions of The Texas A&M University System and The University of Texas System; and The University of Texas School of Public Health at Houston; and such other medical or dental schools as may be established by statute or as provided in this chapter.
(3)  Add the following appropriately numbered SECTION to the bill, renumbering the other sections of the bill accordingly:
SECTION ____.  The following are repealed:
(1)  Subchapters D, F, G, and H, Chapter 86, Education Code; and
(2)  Subchapter I, Chapter 87, Education Code.
(4)  Add the following appropriately numbered SECTION to the bill, renumbering the other sections of the bill accordingly:
SECTION ____.  Section 89.003, Education Code, as added by this Act, applies only to an action brought against The Texas A&M University System Health Science Center, a component institution, agency, or program of that center, or an officer or employee of that center on or after the effective date of this Act.
The amendments were read.

Senator Zaffirini moved to concur in the House amendments to SB 5.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 859 WITH HOUSE AMENDMENT

Senator Duncan called SB 859 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Floor Amendment No. 3 on Third Reading

Amend SB 859 on third reading by adding the following appropriately numbered ARTICLE to the bill and renumbering subsequent ARTICLES and SECTIONS accordingly:
ARTICLE ____.  EMPLOYER CONTRIBUTIONS TO INDIVIDUAL HEALTH INSURANCE POLICIES
SECTION ____.01.  Subtitle A, Title 8, Insurance Code, is amended by adding Chapter 1221 to read as follows:
CHAPTER 1221. EMPLOYER CONTRIBUTIONS TO INDIVIDUAL HEALTH INSURANCE POLICIES
Sec. 1221.001. RULES; EMPLOYER CONTRIBUTIONS. The commissioner by rule, unless it would violate state or federal law, may develop procedures to allow an employer to make financial contributions to or premium payments for an employee or retiree's individual consumer directed health insurance policy in a manner that eliminates or minimizes the state or federal tax consequences, or provides positive state or federal tax consequences, to the employer.

The amendment was read.

Senator Duncan moved to concur in the House amendment to SB 859.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1271 WITH HOUSE AMENDMENT

Senator Duncan called SB 1271 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Amendment

Amend SB 1271 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to alternative dispute resolution systems established by counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 152.001, Civil Practice and Remedies Code, is amended to read as follows:
Sec. 152.001.  DEFINITION. In this chapter, "alternative dispute resolution system" means an informal forum in which mediation, conciliation, or arbitration is used to resolve disputes among individuals, entities, and units of government, including those having an ongoing relationship such as relatives, neighbors, landlords and tenants, employees and employers, and merchants and consumers.
SECTION 2.  Subsection (a), Section 152.002, Civil Practice and Remedies Code, is amended to read as follows:
(a)  The commissioners court of a county by order may establish an alternative dispute resolution system for the peaceable and expeditious resolution of [citizen] disputes.
SECTION 3.  The changes in law made by this Act apply only to a case referred to a county alternative dispute resolution system on or after the effective date of this Act. A case referred before the effective date of this Act is governed by the law in effect when the case is referred, and the former law is continued in effect for that purpose.
SECTION 4.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.

The amendment was read.

Senator Duncan moved to concur in the House amendment to SB 1271.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1233 WITH HOUSE AMENDMENTS

Senator West called SB 1233 from the President's table for consideration of the House amendments to the bill.

The President Pro Tempore laid the bill and the House amendments before the Senate.

Amendment

Amend SB 1233 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the promotion of efficiencies in and the administration of certain district court and county services and functions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 144.041, Agriculture Code, is amended by adding Subsection (h) to read as follows:
(h)  A county clerk may accept electronic filing or rerecording of an earmark, brand, tattoo, electronic device, or other type of mark for which a recording is required under this chapter or other law.
SECTION 2.  Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.31 to read as follows:
Art. 2.31.  COUNTY JAILERS. A jailer licensed under Chapter 1701, Occupations Code, may execute lawful process issued to the jailer by any magistrate or court on a person confined in the jail at which the jailer is employed to the same extent that a peace officer is authorized to execute process under Article 2.13(b)(2), including:
(1)  a warrant under Chapter 15, 17, or 18;
(2)  a capias under Chapter 17 or 23;
(3)  a subpoena under Chapter 20 or 24; or
(4)  an attachment under Chapter 20 or 24.
SECTION 3.  Article 20.011(a), Code of Criminal Procedure, is amended to read as follows:
(a)  Only the following persons may be present in a grand jury room while the grand jury is conducting proceedings:
(1)  grand jurors;
(2)  bailiffs;
(3)  the attorney representing the state;
(4)  witnesses while being examined or when necessary to assist the attorney representing the state in examining other witnesses or presenting evidence to the grand jury;
(5)  interpreters, if necessary; [and]
(6)  a stenographer or person operating an electronic recording device, as provided by Article 20.012; and
(7)  a person operating a video teleconferencing system for use under Article 20.151.
SECTION 4.  Article 20.02(b), Code of Criminal Procedure, is amended to read as follows:
(b)  A grand juror, bailiff, interpreter, stenographer or person operating an electronic recording device, [or] person preparing a typewritten transcription of a stenographic or electronic recording, or person operating a video teleconferencing system for use under Article 20.151 who discloses anything transpiring before the grand jury, regardless of whether the thing transpiring is recorded, in the course of the official duties of the grand jury, is [shall be] liable to a fine as for contempt of the court, not exceeding $500 [five hundred dollars], imprisonment not exceeding 30 [thirty] days, or both the [such] fine and imprisonment.
SECTION 5.  Chapter 20, Code of Criminal Procedure, is amended by adding Article 20.151 to read as follows:
Art. 20.151.  CERTAIN TESTIMONY BY VIDEO TELECONFERENCING. (a) With the consent of the foreman of the grand jury and the attorney representing the state, a peace officer summoned to testify before the grand jury may testify through the use of a closed circuit video teleconferencing system that provides an encrypted, simultaneous, compressed full motion video and interactive communication of image and sound between the peace officer, the attorney representing the state, and the grand jury.
(b)  In addition to being administered the oath described by Article 20.16(a), before being interrogated, a peace officer testifying through the use of a closed circuit video teleconferencing system under this article shall affirm that:
(1)  no person other than a person in the grand jury room is capable of hearing the peace officer's testimony; and
(2)  the peace officer's testimony is not being recorded or otherwise preserved by any person at the location from which the peace officer is testifying.
(c)  Testimony received from a peace officer under this article shall be recorded and preserved.
SECTION 6.  Article 27.18, Code of Criminal Procedure, is amended by amending Subsection (c) and adding Subsections (c-1) and (c-2) to read as follows:
(c)  A recording of the communication shall be made and preserved until all appellate proceedings have been disposed of. A court reporter or court recorder is not required to transcribe or make a separate recording of a plea taken under this article unless an appeal is taken in the case and a party requests a transcript.
(c-1)  The defendant may obtain a copy of a [the] recording made under Subsection (c) on payment of a reasonable amount to cover the costs of reproduction or, if the defendant is indigent, the court shall provide a copy to the defendant without charging a cost for the copy.
(c-2)  The loss or destruction of or failure to make a video recording of a plea entered under this article is not alone sufficient grounds for a defendant to withdraw the defendant's plea or to request the court to set aside a conviction, sentence, or plea.
SECTION 7.  Article 38.073, Code of Criminal Procedure, is amended to read as follows:
Art. 38.073.  TESTIMONY OF INMATE WITNESSES. In a proceeding in the prosecution of a criminal offense in which an inmate in the custody of the Texas Department of Criminal Justice is required to testify as a witness, any deposition or testimony of the inmate witness may be conducted by a video teleconferencing system in the manner described by Article 27.18 [electronic means, in the same manner as permitted in civil cases under Section 30.012, Civil Practice and Remedies Code].
SECTION 8.  Article 49.25, Code of Criminal Procedure, is amended by adding Section 13A to read as follows:
Sec. 13A.  FEES. (a) A medical examiner may charge reasonable fees for services provided by the office of medical examiner under this article, including cremation approvals, court testimonies, consultations, and depositions.
(b)  The commissioners court must approve the amount of the fee before the fee may be assessed. The fee may not exceed the amount necessary to provide the services described by Subsection (a).
(c)  The fee may not be assessed against the county's district attorney or a county office.
SECTION 9.  Section 31.037, Election Code, is amended to read as follows:
Sec. 31.037.  SUSPENSION OR TERMINATION OF EMPLOYMENT. The employment of the county elections administrator may be suspended, with or without pay, or terminated at any time for good and sufficient cause on the four-fifths vote of the county election commission and approval of that action by a majority vote of the commissioners court.
SECTION 10.  Section 43.007(i), Election Code, is amended to read as follows:
(i)  The secretary of state may only select to participate in the program six [three] counties with a population of 100,000 or more and four [two] counties with a population of less than 100,000.
SECTION 11.  Section 203.005(b), Family Code, is amended to read as follows:
(b)  The first payment of a fee under Subsection (a)(5) [(a)(4)] is due on the date that the person required to pay support is ordered to begin child support, alimony, or separate maintenance payments. Subsequent payments of the fee are due annually and in advance.
SECTION 12.  Sections 51.318(b) and (e), Government Code, are amended to read as follows:
(b)  The fees are:
(1)  for issuing a subpoena, including one copy
$8
(2)  for issuing a citation, commission for deposition, writ of execution, order of sale, writ of execution and order of sale, writ of injunction, writ of garnishment, writ of attachment, or writ of sequestration not provided for in Section 51.317, or any other writ or process not otherwise provided for, including one copy if required by law
$8
(3)  for searching files or records to locate a cause when the docket number is not provided
$5
(4)  for searching files or records to ascertain the existence of an instrument or record in the district clerk's office
$5
(5)  for abstracting a judgment
$8
(6)  for approving a bond
$4
(7)  for a certified copy of a record, judgment, order, pleading, or paper on file or of record in the district clerk's office, including certificate and seal, for each page or part of a page
not to exceed $1
(8)  for a noncertified copy, for each page or part of a page
not to exceed $1.
(e)  The district clerk may not charge [the] United States Immigration and Customs Enforcement or United States Citizenship and Immigration Services [Naturalization Service] a fee for a copy of any document on file or of record in the clerk's office relating to an individual's criminal history, regardless of whether the document is certified.
SECTION 13.  Section 57.002, Government Code, is amended by adding Subsection (d-1) to read as follows:
(d-1)  Subject to Subsection (e), a court in a county to which Section 21.021, Civil Practice and Remedies Code, applies may appoint a spoken language interpreter who is not a licensed court interpreter.
SECTION 14.  Section 101.0611, Government Code, is amended to read as follows:
Sec. 101.0611.  DISTRICT COURT FEES AND COSTS: GOVERNMENT CODE. The clerk of a district court shall collect fees and costs under the Government Code as follows:
(1)  appellate judicial system filing fees for:
(A)  First or Fourteenth Court of Appeals District (Sec. 22.2021, Government Code) . . . not more than $5;
(B)  Second Court of Appeals District (Sec. 22.2031, Government Code) . . . not more than $5;
(C)  Third Court of Appeals District (Sec. 22.2041, Government Code) . . . $5;
(D)  Fourth Court of Appeals District (Sec. 22.2051, Government Code) . . . not more than $5;
(E)  Fifth Court of Appeals District (Sec. 22.2061, Government Code) . . . not more than $5;
(F)  Ninth Court of Appeals District (Sec. 22.2101, Government Code) . . . $5;
(G)  Eleventh Court of Appeals District (Sec. 22.2121, Government Code) . . . $5; and
(H)  Thirteenth Court of Appeals District (Sec. 22.2141, Government Code) . . . not more than $5;
(2)  when administering a case for the Rockwall County Court at Law (Sec. 25.2012, Government Code) . . . civil fees and court costs as if the case had been filed in district court;
(3)  additional filing fees:
(A)  for each suit filed for insurance contingency fund, if authorized by the county commissioners court (Sec. 51.302, Government Code) . . . not to exceed $5;
(B)  to fund the improvement of Dallas County civil court facilities, if authorized by the county commissioners court (Sec. 51.705, Government Code) . . . not more than $15; and
(C)  to fund the improvement of Hays County court facilities, if authorized by the county commissioners court (Sec. 51.707, Government Code) . . . not more than $15;
(4)  for filing a suit, including an appeal from an inferior court:
(A)  for a suit with 10 or fewer plaintiffs (Sec. 51.317, Government Code) . . . $50;
(B)  for a suit with at least 11 but not more than 25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
(C)  for a suit with at least 26 but not more than 100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
(D)  for a suit with at least 101 but not more than 500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
(E)  for a suit with at least 501 but not more than 1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
(F)  for a suit with more than 1,000 plaintiffs (Sec. 51.317, Government Code) . . . $200;
(5)  for filing a cross-action, counterclaim, intervention, contempt action, motion for new trial, or third-party petition (Sec. 51.317, Government Code) . . . $15;
(6)  for issuing a citation or other writ or process not otherwise provided for, including one copy, when requested at the time a suit or action is filed (Sec. 51.317, Government Code) . . . $8;
(7)  for records management and preservation (Sec. 51.317, Government Code) . . . $10;
(8)  for issuing a subpoena, including one copy (Sec. 51.318, Government Code) . . . $8;
(9)  for issuing a citation, commission for deposition, writ of execution, order of sale, writ of execution and order of sale, writ of injunction, writ of garnishment, writ of attachment, or writ of sequestration not provided for in Section 51.317, or any other writ or process not otherwise provided for, including one copy if required by law (Sec. 51.318, Government Code) . . . $8;
(10)  for searching files or records to locate a cause when the docket number is not provided (Sec. 51.318, Government Code) . . . $5;
(11)  for searching files or records to ascertain the existence of an instrument or record in the district clerk's office (Sec. 51.318, Government Code) . . . $5;
(12)  for abstracting a judgment (Sec. 51.318, Government Code) . . . $8;
(13)  for approving a bond (Sec. 51.318, Government Code) . . . $4;
(14)  for a certified copy of a record, judgment, order, pleading, or paper on file or of record in the district clerk's office, including certificate and seal, for each page or part of a page (Sec. 51.318, Government Code) . . . not to exceed $1;
(15)  for a noncertified copy, for each page or part of a page (Sec. 51.318, Government Code) . . . not to exceed $1;
(16)  fee for performing a service:
(A)  related to the matter of the estate of a deceased person (Sec. 51.319, Government Code) . . . the same fee allowed the county clerk for those services;
(B)  related to the matter of a minor (Sec. 51.319, Government Code) . . . the same fee allowed the county clerk for the service;
(C)  of serving process by certified or registered mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or constable is authorized to charge for the service under Section 118.131, Local Government Code; and
(D)  prescribed or authorized by law but for which no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
(17)  jury fee (Sec. 51.604, Government Code) . . . $30;
(18)  additional filing fee for family protection on filing a suit for dissolution of a marriage under Chapter 6, Family Code (Sec. 51.961, Government Code) . . . not to exceed $15;
(19)  at a hearing held by an associate judge in Dallas County, a court cost to preserve the record, in the absence of a court reporter, by other means (Sec. 54.509, Government Code) . . . as assessed by the referring court or associate judge; and
(20)  at a hearing held by an associate judge in Duval County, a court cost to preserve the record (Sec. 54.1151, Government Code) . . . as imposed by the referring court or associate judge.
SECTION 15.  Section 551.0415, Government Code, is amended to read as follows:
Sec. 551.0415.  GOVERNING BODY OF MUNICIPALITY OR COUNTY: REPORTS ABOUT ITEMS OF COMMUNITY INTEREST REGARDING WHICH NO ACTION WILL BE TAKEN. (a) Notwithstanding Sections 551.041 and 551.042, a quorum of the governing body of a municipality or county may receive from municipal or county staff and a member of the governing body may make a report about items of community interest during a meeting of the governing body without having given notice of the subject of the report as required by this subchapter if no action is taken and, except as provided by Section 551.042, possible action is not discussed regarding the information provided in the report.
(b)  For purposes of Subsection (a), "items of community interest" includes:
(1)  expressions of thanks, congratulations, or condolence;
(2)  information regarding holiday schedules;
(3)  an honorary or salutary recognition of a public official, public employee, or other citizen, except that a discussion regarding a change in the status of a person's public office or public employment is not an honorary or salutary recognition for purposes of this subdivision;
(4)  a reminder about an upcoming event organized or sponsored by the governing body;
(5)  information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality or county; and
(6)  announcements involving an imminent threat to the public health and safety of people in the municipality or county that has arisen after the posting of the agenda.
SECTION 16.  Section 551.0725(a), Government Code, is amended to read as follows:
(a)  The commissioners court of a county [with a population of 400,000 or more] may conduct a closed meeting to deliberate business and financial issues relating to a contract being negotiated if, before conducting the closed meeting:
(1)  the commissioners court votes unanimously that deliberation in an open meeting would have a detrimental effect on the position of the commissioners court in negotiations with a third person; and
(2)  the attorney advising the commissioners court issues a written determination that deliberation in an open meeting would have a detrimental effect on the position of the commissioners court in negotiations with a third person.
SECTION 17.  Section 61.002(5), Health and Safety Code, is amended to read as follows:
(5)  "General revenue levy" means:
(A)  the property taxes imposed by a county that are not dedicated to:
(i)  the construction and maintenance of farm-to-market roads under Article VIII, Section 1-a, Texas Constitution;
(ii)  [or to] flood control under Article VIII, Section 1-a, [of the] Texas Constitution;
(iii)  [or that are not dedicated to] the further maintenance of the public roads under Article VIII, Section 9, [of the] Texas Constitution; or
(iv)  the payment of principal or interest on county debt; and
(B)  the sales and use tax revenue to be received by the county during the calendar year in which the state fiscal year begins under Chapter 323, Tax Code, as determined under Section 26.041(d), Tax Code.
SECTION 18.  Section 132.002(a), Local Government Code, is amended to read as follows:
(a)  The commissioners court of a county may authorize a county or precinct officer who collects fees, fines, court costs, or other charges on behalf of the county or the state to accept payment by credit card or by the electronic processing of checks of a fee, fine, court costs, or other charge. The commissioners court may also authorize a county or precinct officer to collect and retain a fee for processing the payment by credit card or by the electronic processing of checks.
SECTION 19.  Subchapter Z, Chapter 157, Local Government Code, is amended by adding Section 157.9031 to read as follows:
Sec. 157.9031.  AUTHORITY TO REQUIRE REIMBURSEMENT FOR CERTAIN COVERAGE. A self-insuring county or the intergovernmental pool operating under Chapter 119, under policies concerning the provision of coverages adopted by the county's commissioners court or the pool's governing body, may require reimbursement for the provision of punitive damage coverage from a person to whom the county or intergovernmental pool provides coverage.
SECTION 20.  Sections 270.007(b) and (f), Local Government Code, are amended to read as follows:
(b)  A [Notwithstanding the provisions of Subsections (f) and (g), a] county may exclusively contract with a person to market the application or system. If the original contract for development of the application or system under Subsection (a) does not include a provision for marketing the application or system, a [A] contract under this subsection shall be awarded [only] in compliance with Section 262.030, [Local Government Code,] concerning the alternative competitive procedure for insurance or high technology items.
(f)  Except as provided by Subsection (b), [upon request of any person,] a county may [shall] sell or license software under this section for a price negotiated between the county and the purchaser or licensee, including another governmental entity [person, not to exceed the developmental cost to the county. Developmental cost shall only include costs incurred under a contract to procure the software or direct employee costs incurred to develop the software. This subsection does not apply to any county software that protects county computer systems from unauthorized use or access].
SECTION 21.  Section 352.081(e), Local Government Code, is amended to read as follows:
(e)  An order adopted under this section expires, as applicable, on the date:
(1)  a determination is made under Subsection (b) that drought conditions no longer exist; or
(2)  a determination is made by the commissioners court, or the county judge or fire marshal if designated for that purpose by the commissioners court, that the circumstances identified under Subsection (c)(2) no longer exist.
SECTION 22.  Section 387.003, Local Government Code, is amended by amending Subsections (a), (b), (b-1), (c), (e), (f), and (h) and adding Subsections (a-1), (i), and (j) to read as follows:
(a)  The commissioners court of the county may call an election on the question of creating a county assistance district under this chapter. More than one county assistance district may be created in a county, but not more than one district may be created in a commissioners precinct.
(a-1)  A district may [to] perform the following functions in the district:
(1)  the construction, maintenance, or improvement of roads or highways;
(2)  the provision of law enforcement and detention services;
(3)  the maintenance or improvement of libraries, museums, parks, or other recreational facilities;
(4)  the provision of services that benefit the public health or welfare, including the provision of firefighting and fire prevention services; or
(5)  the promotion of economic development and tourism.
(b)  The order calling the election must:
(1)  define the boundaries of the district to include any portion of the county in which the combined tax rate of all local sales and use taxes imposed, including the rate to be imposed by the district if approved at the election, would not exceed the maximum combined rate of sales and use taxes imposed by political subdivisions of this state that is prescribed by Sections 321.101 and 323.101, Tax Code [two percent]; and
(2)  call for the election to be held within those boundaries.
(b-1)  If the proposed district includes any territory of a municipality, the commissioners court shall send notice by certified mail to the governing body of the municipality of the commissioners court's intent to create the district. If the municipality has created a development corporation under Chapter 504 or 505, the commissioners court shall also send the notice to the board of directors of the corporation. The commissioners court must send the notice not later than the 60th day before the date the commissioners court orders the election. The governing body of the municipality may exclude the territory of the municipality from the proposed district by sending notice by certified mail to the commissioners court of the governing body's desire to exclude the municipal territory from the district. The governing body must send the notice not later than the 45th day after the date the governing body receives notice from the commissioners court under this subsection. The territory of a municipality that is excluded under this subsection may subsequently be included in:
(1)  the district in an election held under Subsection (f) with the consent of the municipality; or
(2)  another district after complying with the requirements of this subsection and after an election under Subsection (f).
(c)  The ballot at the election must be printed to permit voting for or against the proposition: "Authorizing the creation of the ____ County Assistance District No.___ (insert name of district) and the imposition of a sales and use tax at the rate of ____ [of one] percent (insert [one-eighth, one-fourth, three-eighths, or one-half, as] appropriate rate) for the purpose of financing the operations of the district."
(e)  If a majority of the votes received at the election are against the creation of the district, the district is not created and the county at any time may call one or more elections [another election] on the question of creating one or more [a] county assistance districts [district may not be held in the county before the first anniversary of the most recent election concerning the creation of a district].
(f)  The commissioners court may call an election to be held in an area of the county that is not located in a district created under this section to determine whether the area should be included in the district and whether the district's sales and use tax should be imposed in the area.  An election may not be held in an area in which the combined tax rate of all local sales and use taxes imposed, including the rate to be imposed by the district if approved at the election, would exceed the maximum combined rate of sales and use taxes imposed by political subdivisions of this state that is prescribed by Sections 321.101 and 323.101, Tax Code [two percent].
(h)  If more than one election to authorize a local sales and use tax is held on the same day in the area of a proposed district or an area proposed to be added to a district and if the resulting approval by the voters would cause the imposition of a local sales and use tax in any area to exceed the maximum combined rate of sales and use taxes of political subdivisions of this state that is prescribed by Sections 321.101 and 323.101, Tax Code [two percent], only a tax authorized at an election under this section may be imposed.
(i)  In addition to the authority to include an area in a district under Subsection (f), the governing body of a district by order may include an area in the district on receipt of a petition or petitions signed by the owner or owners of the majority of the land in the area to be included in the district. If there are no registered voters in the area to be included in the district, no election is required.
(j)  The commissioners court by order may exclude an area from the district if the district has no outstanding bonds payable wholly or partly from sales and use taxes and the exclusion does not impair any outstanding district debt or contractual obligation.
SECTION 23.  Section 387.005, Local Government Code, is amended to read as follows:
Sec. 387.005.  GOVERNING BODY. (a) The commissioners court of the county in which the district is created by order shall provide that:
(1)  the commissioners court is the governing body of the district; or
(2)  the commissioners court shall appoint a governing body of the district.
(b)  A member of the governing body of the district [commissioners court] is not entitled to compensation for service [on the governing body of the district] but is entitled to reimbursement for actual and necessary expenses.
(c)  A board of directors appointed by the commissioners court under this section shall consist of five directors who serve staggered terms of two years. To be eligible to serve as a director, a person must be at least 18 years of age and a resident of the county in which the district is located. The initial directors shall draw lots to achieve staggered terms, with three of the directors serving one-year terms and two of the directors serving two-year terms.
SECTION 24.  Section 387.006(a), Local Government Code, is amended to read as follows:
(a)  A district may:
(1)  perform any act necessary to the full exercise of the district's functions;
(2)  accept a grant or loan from:
(A)  the United States;
(B)  an agency or political subdivision of this state; or
(C)  a public or private person;
(3)  acquire, sell, lease, convey, or otherwise dispose of property or an interest in property under terms determined by the district;
(4)  employ necessary personnel; [and]
(5)  adopt rules to govern the operation of the district and its employees and property; and
(6)  enter into agreements with municipalities necessary or convenient to achieve the district's purposes, including agreements regarding the duration, rate, and allocation between the district and the municipality of sales and use taxes.
SECTION 25.  Section 387.007(b), Local Government Code, is amended to read as follows:
(b)  A district may not adopt a sales and use tax under this chapter if the adoption of the tax would result in a combined tax rate of all local sales and use taxes that would exceed the maximum combined rate prescribed by Sections 321.101 and 323.101, Tax Code, [of more than two percent] in any location in the district.
SECTION 26.  Section 387.009, Local Government Code, is amended to read as follows:
Sec. 387.009.  TAX RATE. The rate of a tax adopted under this chapter must be in increments of one-eighth[, one-fourth, three-eighths, or one-half] of one percent.
SECTION 27.  Sections 387.010(a), (b), and (c), Local Government Code, are amended to read as follows:
(a)  A district that has adopted a sales and use tax under this chapter may, by order and subject to Section 387.007(b):
(1)  reduce [, change] the rate of the tax or repeal the tax without an election, except that the district may not repeal the sales and use tax or reduce the rate of the sales and use tax below the amount pledged to secure payment of an outstanding district debt or contractual obligation;
(2)  increase the rate of the sales and use tax, if the increased rate of the sales and use tax will not exceed the rate approved at an election held under Section 387.003; or
(3)  increase the rate of the sales and use tax to a rate that exceeds the rate approved at an election held under Section 387.003 after [if] the increase [change or repeal] is approved by a majority of the votes received in the district at an election held for that purpose.
(b)  The tax may be changed under Subsection (a) in one or more increments of one-eighth of one percent [to a maximum of one-half of one percent].
(c)  The ballot for an election to increase [change] the tax shall be printed to permit voting for or against the proposition: "The increase [change] of a sales and use tax for the ____ County Assistance District No. ___ (insert name of district) from the rate of ____ [of one] percent (insert [one-fourth, three-eighths, or one-half, as] appropriate rate) to the rate of ____ [of one] percent (insert [one-fourth, three-eighths, or one-half, as] appropriate rate)."
SECTION 28.  Section 387.012, Local Government Code, is amended to read as follows:
Sec. 387.012.  EFFECTIVE DATE OF TAX. The adoption of the tax, the increase or reduction [change] of the tax rate, or the repeal of the tax takes effect on the first day of the first calendar quarter occurring after the expiration of the first complete quarter occurring after the date the comptroller receives a copy of the order of the district's governing body [notice of the results of the election] adopting, increasing, reducing [changing], or repealing the tax.
SECTION 29.  Chapter 51, Property Code, is amended by adding Section 51.0022 to read as follows:
Sec. 51.0022.  FORECLOSURE DATA COLLECTION. (a) In this section, "department" means the Texas Department of Housing and Community Affairs.
(b)  A person filing a notice of sale of residential property under Section 51.002(b) must submit to the county clerk a completed form that provides the zip code for the property.
(c)  On completion of a sale of real property, the trustee or sheriff shall submit to the county clerk a completed form that contains information on whether the property is residential and the zip code of the property.
(d)  Not later than the 30th day after the date of receipt of a form under this section, the county clerk shall transmit the form to the department.
(e)  The board of the department shall prescribe the forms required under this section. The forms may only request information on whether the property is residential and the zip code of the property.
(f)  The department shall report the information received under this section quarterly to the legislature in a format established by the board of the department by rule.
SECTION 30.   Sections 86.022, 112.008, and 387.010(d), Local Government Code, are repealed.
SECTION 31.  (a) Articles 20.011(a) and 20.02(b), Code of Criminal Procedure, as amended by this Act, and Article 20.151, Code of Criminal Procedure, as added by this Act, apply only to testimony before a grand jury that is impaneled on or after the effective date of this Act.
(b)  Article 27.18, Code of Criminal Procedure, as amended by this Act, applies to a plea of guilty or nolo contendere entered on or after the effective date of this Act, regardless of whether the offense with reference to which the plea is entered is committed before, on, or after that date.
(c)  Article 38.073, Code of Criminal Procedure, as amended by this Act, applies only to the testimony of an inmate witness that is taken on or after the effective date of this Act.
(d)  Section 13A, Article 49.25, Code of Criminal Procedure, as added by this Act, applies only to a service provided by a medical examiner's office on or after the effective date of this Act. A service provided before the effective date of this Act is covered by the law in effect on the date the service was provided, and the former law is continued in effect for that purpose.
(e)  Sections 51.318(b) and 101.0611, Government Code, as amended by this Act, apply only to a request for a certified copy of a record, judgment, order, pleading, or paper on file or of record in the district clerk's office, including certificate and seal, made on or after the effective date of this Act. A request made before the effective date of this Act is covered by the law in effect when the request was made, and the former law is continued in effect for that purpose.
(f)  Section 57.002(d-1), Government Code, as added by this Act, applies only to the appointment of a court interpreter under Chapter 57, Government Code, as amended by this Act, on or after the effective date of this Act. The appointment of a court interpreter before the effective date of this Act is governed by the law in effect when the interpreter was appointed, and the former law is continued in effect for that purpose.
(g)  Section 551.0725(a), Government Code, as amended by this Act, applies only to a meeting held on or after the effective date of this Act. A meeting held before the effective date of this Act is governed by the law in effect on the date the meeting is held, and the former law is continued in effect for that purpose.
(h)  Sections 270.007(b) and (f), Local Government Code, as amended by this Act, apply only to a contract entered into on or after the effective date of this Act. A contract entered into before the effective date of this Act is governed by the law in effect when the contract was entered into, and the former law is continued in effect for that purpose.
(i)  The board of the Texas Department of Housing and Community Affairs shall adopt the forms and rules required by Section 51.0022, Property Code, as added by this Act, not later than January 1, 2012.
(j)  The change in law made by Section 51.0022, Property Code, as added by this Act, applies only to a notice of sale filed on or after January 1, 2012. A notice of sale filed before January 1, 2012, is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.
SECTION 32.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.

Floor Amendment No. 1

Amend CSSB 1233 (house committee report) by striking SECTION 10 of the bill, amending Section 43.007(i), Election Code (page 5, lines 15 through 20), and renumbering the remaining SECTIONS of the bill accordingly.

The amendments were read.

Senator West moved to concur in the House amendments to SB 1233.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 78 WITH HOUSE AMENDMENT

Senator Nelson called SB 78 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Amendment

Amend SB 78 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to adverse licensing, listing, or registration decisions by certain health and human services agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Chapter 531, Government Code, is amended by adding Subchapter W to read as follows:
SUBCHAPTER W. ADVERSE LICENSING, LISTING, OR REGISTRATION DECISIONS
Sec. 531.951.  APPLICABILITY. (a) This subchapter applies only to the final licensing, listing, or registration decisions of a health and human services agency with respect to a person under the law authorizing the agency to regulate the following types of persons:
(1)  a youth camp licensed under Chapter 141, Health and Safety Code;
(2)  a home and community support services agency licensed under Chapter 142, Health and Safety Code;
(3)  a hospital licensed under Chapter 241, Health and Safety Code;
(4)  an institution licensed under Chapter 242, Health and Safety Code;
(5)  an assisted living facility licensed under Chapter 247, Health and Safety Code;
(6)  a special care facility licensed under Chapter 248, Health and Safety Code;
(7)  an intermediate care facility licensed under Chapter 252, Health and Safety Code;
(8)  a chemical dependency treatment facility licensed under Chapter 464, Health and Safety Code;
(9)  a mental hospital or mental health facility licensed under Chapter 577, Health and Safety Code;
(10)  a child-care facility or child-placing agency licensed under or a family home listed or registered under Chapter 42, Human Resources Code; or
(11)  an adult day-care facility licensed under Chapter 103, Human Resources Code.
(b)  This subchapter does not apply to an agency decision that did not result in a final order or that was reversed on appeal.
Sec. 531.952.  RECORD OF FINAL DECISION. (a) Each health and human services agency that regulates a person described by Section 531.951 shall in accordance with this section and executive commissioner rule maintain a record of:
(1)  each application for a license, including a renewal license or a license that does not expire, a listing, or a registration that is denied by the agency under the law authorizing the agency to regulate the person; and
(2)  each license, listing, or registration that is revoked, suspended, or terminated by the agency under the applicable law.
(b)  The record of an application required by Subsection (a)(1) must be maintained until the 10th anniversary of the date the application is denied. The record of the license, listing, or registration required by Subsection (a)(2) must be maintained until the 10th anniversary of the date of the revocation, suspension, or termination.
(c)  The record required under Subsection (a) must include:
(1)  the name and address of the applicant for a license, listing, or registration that is denied as described by Subsection (a)(1);
(2)  the name and address of each person listed in the application for a license, listing, or registration that is denied as described by Subsection (a)(1);
(3)  the name of each person determined by the applicable regulatory agency to be a controlling person of an entity for which an application, license, listing, or registration is denied, revoked, suspended, or terminated as described by Subsection (a);
(4)  the specific type of license, listing, or registration that was denied, revoked, suspended, or terminated by the agency;
(5)  a summary of the terms of the denial, revocation, suspension, or termination; and
(6)  the period the denial, revocation, suspension, or termination was effective.
(d)  Each health and human services agency that regulates a person described by Section 531.951 each month shall provide a copy of the records maintained under this section to each other health and human services agency that regulates a person described by Section 531.951.
Sec. 531.953.  DENIAL OF APPLICATION BASED ON ADVERSE AGENCY DECISION. A health and human services agency that regulates a person described by Section 531.951 may deny an application for a license, including a renewal license or a license that does not expire, a listing, or a registration included in that section if:
(1)  any of the following persons are listed in a record maintained under Section 531.952:
(A)  the applicant;
(B)  a person listed on the application; or
(C)  a person determined by the applicable regulating agency to be a controlling person of an entity for which the license, including a renewal license or a license that does not expire, the listing, or the registration is sought; and
(2)  the agency's action that resulted in the person being listed in a record maintained under Section 531.952 is based on:
(A)  an act or omission that resulted in physical or mental harm to an individual in the care of the applicant or person;
(B)  a threat to the health, safety, or well-being of an individual in the care of the applicant or person;
(C)  the physical, mental, or financial exploitation of an individual in the care of the applicant or person; or
(D)  a determination by the agency that the applicant or person has committed an act or omission that renders the applicant unqualified or unfit to fulfill the obligations of the license, listing, or registration.
Sec. 531.954.  REQUIRED APPLICATION INFORMATION. An applicant submitting an initial or renewal application for a license, including a renewal license or a license that does not expire, a listing, or a registration described under Section 531.951 must include with the application a written statement of:
(1)  the name of any person who is or will be a controlling person, as determined by the applicable agency regulating the person, of the entity for which the license, listing, or registration is sought; and
(2)  any other relevant information required by executive commissioner rule.
SECTION 2.  (a) Not later than March 1, 2012, the executive commissioner of the Health and Human Services Commission shall adopt the rules necessary to implement Subchapter W, Chapter 531, Government Code, as added by this Act.
(b)  Notwithstanding Section 531.952, Government Code, as added by this Act, a health and human services agency is not required to maintain the records as required under that section until March 1, 2012.
SECTION 3.  This Act takes effect September 1, 2011.

The amendment was read.

Senator Nelson moved to concur in the House amendment to SB 78.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

CONFERENCE COMMITTEE ON HOUSE BILL 725

Senator Fraser called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 725 and moved that the request be granted.

The motion prevailed without objection.

The President Pro Tempore asked if there were any motions to instruct the conference committee on HB 725 before appointment.

There were no motions offered.

Accordingly, the President Pro Tempore announced the appointment of the following conferees on the part of the Senate:  Senators Fraser, Chair; Eltife, Deuell, Watson, and Shapiro.

CONFERENCE COMMITTEE ON HOUSE BILL 3275

Senator Ellis called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 3275 and moved that the request be granted.

The motion prevailed without objection.
The President Pro Tempore asked if there were any motions to instruct the conference committee on HB 3275 before appointment.

There were no motions offered.

Accordingly, the President Pro Tempore announced the appointment of the following conferees on the part of the Senate:  Senators Ellis, Chair; Jackson, Watson, Eltife, and West.

CONFERENCE COMMITTEE ON HOUSE BILL 628

Senator Eltife, on behalf of Senator Jackson, called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 628 and moved that the request be granted.

The motion prevailed without objection.

The President Pro Tempore asked if there were any motions to instruct the conference committee on HB 628 before appointment.

There were no motions offered.

Accordingly, the President Pro Tempore announced the appointment of the following conferees on the part of the Senate:  Senators Jackson, Chair; Duncan, Seliger, Van de Putte, and Fraser.

SENATE BILL 100 WITH HOUSE AMENDMENTS

Senator Van de Putte called SB 100 from the President's table for consideration of the House amendments to the bill.

The President Pro Tempore laid the bill and the House amendments before the Senate.

Amendment

Amend SB 100 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the adoption of voting procedures necessary to implement the federal Military and Overseas Voter Empowerment Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Chapter 101, Election Code, is amended to read as follows:
CHAPTER 101. VOTING BY RESIDENT FEDERAL POSTCARD APPLICANT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 101.001.  ELIGIBILITY. A person is eligible for early voting by mail as provided by this chapter if:
(1)  the person is qualified to vote in this state or, if not registered to vote in this state, would be qualified if registered; and
(2)  the person is:
(A)  a member of the armed forces of the United States, or the spouse or a dependent of a member;
(B)  a member of the merchant marine of the United States, or the spouse or a dependent of a member; or
(C)  domiciled in this state but temporarily living outside the territorial limits of the United States and the District of Columbia.
Sec. 101.002.  GENERAL CONDUCT OF VOTING. Voting under this chapter shall be conducted and the results shall be processed as provided by Subtitle A for early voting by mail, except as otherwise provided by this chapter.
Sec. 101.003.  DEFINITIONS. [FORM AND CONTENTS OF APPLICATION. (a) An application for a ballot to be voted under this chapter must:
[(1)     be submitted on an official federal postcard application form; and
[(2)     include the information necessary to indicate that the applicant is eligible to vote in the election for which the ballot is requested.
[(b)]  In this chapter:
(1)  "Federal [, "federal] postcard application" means an application for a ballot to be voted under this chapter submitted on the official federal form prescribed under the federal Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.).
(2)  "FPCA registrant" means a person registered to vote under Section 101.055.
Sec. 101.004.  NOTING FPCA REGISTRATION ON POLL LIST. For each FPCA registrant accepted to vote, a notation shall be made beside the voter's name on the early voting poll list indicating that the voter is an FPCA registrant.
Sec. 101.005.  NOTING FPCA REGISTRATION AND E-MAIL ON EARLY VOTING ROSTER. The entry on the early voting roster pertaining to a voter under this chapter who is an FPCA registrant must include a notation indicating that the voter is an FPCA registrant. The early voting clerk shall note on the early voting by mail roster each e-mail of a ballot under Subchapter C.
Sec. 101.006.  EXCLUDING FPCA REGISTRANT FROM PRECINCT EARLY VOTING LIST. A person to whom a ballot is provided under this chapter is not required to be included on the precinct early voting list if the person is an FPCA registrant.
Sec. 101.007.  DESIGNATION OF SECRETARY OF STATE. (a) The secretary of state is designated as the state office to provide information regarding voter registration procedures and absentee ballot procedures, including procedures related to the federal write-in absentee ballot, to be used by persons eligible to vote under the federal Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.).
(b)  The secretary of state is designated as the state coordinator between military and overseas voters and county election officials. A county election official shall:
(1)  cooperate with the secretary of state to ensure that military and overseas voters timely receive accurate balloting materials that a voter is able to cast in time for the election; and
(2)  otherwise comply with the federal Military and Overseas Voter Empowerment Act (Pub. L. No. 111-84, Div. A, Title V, Subt. H).
(c)  The secretary of state may adopt rules as necessary to implement this section.
Sec. 101.008.  STATUS OF APPLICATION OR BALLOT VOTED. The secretary of state, in coordination with local election officials, shall implement an electronic free-access system by which a person eligible for early voting by mail under this chapter or Chapter 114 may determine by telephone, by e-mail, or over the Internet whether:
(1)  the person's federal postcard application or other registration or ballot application has been received and accepted; and
(2)  the person's ballot has been received and the current status of the ballot.
SUBCHAPTER B. SUBMISSION OF FEDERAL POSTCARD APPLICATION
Sec. 101.051.  FORM AND CONTENTS OF APPLICATION. An application for a ballot to be voted under this subchapter must:
(1)  be submitted on an official federal postcard application form; and
(2)  include the information necessary to indicate that the applicant is eligible to vote in the election for which the ballot is requested.
Sec. 101.052 [101.004].  SUBMITTING APPLICATION. (a) A federal postcard application must be submitted to the early voting clerk for the election who serves the election precinct of the applicant's residence.
(a-1)  A federal postcard application must be submitted by:
(1)  mail; or
(2)  electronic transmission of an image of the application under procedures prescribed by the secretary of state.
(b)  A federal postcard application may be submitted at any time during the calendar year in which the election for which a ballot is requested occurs, but not later than the deadline for submitting a regular application for a ballot to be voted by mail.
(c)  A federal postcard application requesting a ballot for an election to be held in January or February may be submitted in the preceding calendar year but not earlier than the earliest date for submitting a regular application for a ballot to be voted by mail.
(d)  A timely application that is addressed to the wrong early voting clerk shall be forwarded to the proper early voting clerk not later than the day after the date it is received by the wrong clerk.
(e)  An applicant who otherwise complies with applicable requirements is entitled to receive a full ballot to be voted by mail under this chapter if:
(1)  the applicant submits a federal postcard application to the early voting clerk on or before the 20th day before election day; and
(2)  the application contains the information that is required for registration under Title 2.
(f)  The applicant is entitled to receive only a federal ballot to be voted by mail under Chapter 114 if:
(1)  the applicant submits the federal postcard application to the early voting clerk after the date provided by Subsection (e)(1) and before the sixth day before election day; and
(2)  the application contains the information that is required for registration under Title 2.
(g)  An applicant who submits a federal postcard application to the early voting clerk on or after the sixth day before election day is not entitled to receive a ballot by mail for that election.
(h)  If the applicant submits the federal postcard application within the time prescribed by Subsection (f)(1) and is a registered voter at the address contained on the application, the applicant is entitled to receive a full ballot to be voted by mail under this chapter.
(i)  Except as provided by Subsections (l) and (m), for purposes of determining the date a federal postcard application is submitted to the early voting clerk, an application is considered to be submitted on the date it is placed and properly addressed in the United States mail. An application mailed from an Army/Air Force Post Office (APO) or Fleet Post Office (FPO) is considered placed in the United States mail. The date indicated by the post office cancellation mark, including a United States military post office cancellation mark, is considered to be the date the application was placed in the mail unless proven otherwise. For purposes of an application made under Subsection (e):
(1)  an application that does not contain a cancellation mark is considered to be timely if it is received by the early voting clerk on or before the 15th day before election day; and
(2)  if the 20th day before the date of an election is a Saturday, Sunday, or legal state or national holiday, an application is considered to be timely if it is submitted to the early voting clerk on or before the next regular business day.
(j)  If the early voting clerk determines that an application that is submitted before the time prescribed by Subsection (e)(1) does not contain the information that is required for registration under Title 2, the clerk shall notify the applicant of that fact. If the applicant has provided a telephone number or an address for receiving mail over the Internet, the clerk shall notify the applicant by that medium.
(k)  If the applicant submits the missing information before the time prescribed by Subsection (e)(1), the applicant is entitled to receive a full ballot to be voted by mail under this chapter. If the applicant submits the missing information after the time prescribed by Subsection (e)(1), the applicant is entitled to receive a full ballot to be voted by mail for the next election that occurs:
(1)  in the same calendar year; and
(2)  after the 30th day after the date the information is submitted.
(l)  For purposes of determining the end of the period that an application may be submitted under Subsection (f)(1), an application is considered to be submitted at the time it is received by the early voting clerk.
(m)  The secretary of state by rule shall establish the date on which a federal postcard application is considered to be electronically submitted to the early voting clerk.
Sec. 101.053 [101.0041].  ACTION BY EARLY VOTING CLERK ON CERTAIN APPLICATIONS. The early voting clerk shall notify the voter registrar of a federal postcard application submitted by an applicant that states a voting residence address located outside the registrar's county.
Sec. 101.054 [101.005].  APPLYING FOR MORE THAN ONE ELECTION IN SAME APPLICATION. (a) A person may apply with a single federal postcard application for a ballot for any one or more elections in which the early voting clerk to whom the application is submitted conducts early voting.
(b)  An application that does not identify the election for which a ballot is requested shall be treated as if it requests a ballot for:
(1)  each general election in which the clerk conducts early voting; and
(2)  the general primary election if the application indicates party preference and is submitted to the early voting clerk for the primary.
(c)  An application shall be treated as if it requests a ballot for[:
[(1)]  a runoff election that results from an election for which a ballot is requested[; and
[(2)     each election for a federal office, including a primary or runoff election, that occurs on or before the date of the second general election for state and county officers that occurs after the date the application is submitted].
(d)  An application requesting a ballot for more than one election shall be preserved for the period for preserving the precinct election records for the last election for which the application is effective.
Sec. 101.055 [101.006].  FPCA VOTER REGISTRATION. (a) The submission of a federal postcard application that complies with the applicable requirements by an unregistered applicant constitutes registration by the applicant:
(1)  for the purpose of voting in the election for which a ballot is requested; and
(2)  under Title 2 unless the person indicates on the application that the person is residing outside the United States indefinitely.
(b)  For purposes of registering to vote under this chapter, a person shall provide the address of the last place of residence of the person in this state or the last place of residence in this state of the person's parent or legal guardian.
(c)  The registrar shall register the person at the address provided under Subsection (b) unless that address no longer is recognized as a residential address, in which event the registrar shall assign the person to an address under procedures prescribed by the secretary of state. [In this chapter, "FPCA registrant" means a person registered to vote under this section.]
Sec. 101.056 [101.007].  METHOD OF PROVIDING BALLOT; REQUIRED ADDRESS. (a) The balloting materials provided under this subchapter [chapter] shall be airmailed to the voter free of United States postage, as provided by the federal Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.), in an envelope labeled "Official Election Balloting Material - via Airmail." The secretary of state shall provide early voting clerks with instructions on compliance with this subsection.
(b)  The address to which the balloting materials are sent to a voter must be:
(1)  an address outside the county of the voter's residence; or
(2)  an address in the United States for forwarding or delivery to the voter at a location outside the United States.
(c)  If the address to which the balloting materials are to be sent is within the county served by the early voting clerk, the federal postcard application must indicate that the balloting materials will be forwarded or delivered to the voter at a location outside the United States.
Sec. 101.057 [101.008].  RETURN OF VOTED BALLOT. A ballot voted under this subchapter [chapter] may be returned to the early voting clerk by mail, common or contract carrier, or courier.
[Sec.   101.009.     NOTING FPCA REGISTRATION ON POLL LIST. For each FPCA registrant accepted to vote, a notation shall be made beside the voter's name on the early voting poll list indicating that the voter is an FPCA registrant.
[Sec.   101.010.     NOTING FPCA REGISTRATION ON EARLY VOTING ROSTER. The entry on the early voting roster pertaining to a voter under this chapter who is an FPCA registrant must include a notation indicating that the voter is an FPCA registrant.
[Sec.   101.011.     EXCLUDING FPCA REGISTRANT FROM PRECINCT EARLY VOTING LIST. A person to whom a ballot is provided under this chapter is not required to be included on the precinct early voting list if the person is an FPCA registrant.]
Sec. 101.058 [101.012].  OFFICIAL CARRIER ENVELOPE. The officially prescribed carrier envelope for voting under this subchapter [chapter] shall be prepared so that it can be mailed free of United States postage, as provided by the federal Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.) [Federal Voting Assistance Act of 1955], and must contain the label prescribed by Section 101.056(a) [101.007(a)] for the envelope in which the balloting materials are sent to a voter. The secretary of state shall provide early voting clerks with instructions on compliance with this section.
SUBCHAPTER C. E-MAIL TRANSMISSION OF BALLOTING MATERIALS
Sec. 101.101.  PURPOSE. The purpose of this subchapter is to implement the federal Military and Overseas Voter Empowerment Act (Pub. L. No. 111-84, Div. A, Title V, Subt. H).
Sec. 101.102.  REQUEST FOR BALLOTING MATERIALS. (a) A person eligible to vote under this chapter may request from the appropriate early voting clerk e-mail transmission of balloting materials under this subchapter.
(b)  The early voting clerk shall grant a request made under this section for the e-mail transmission of balloting materials if:
(1)  the requestor has submitted a valid federal postcard application and:
(A)  if the requestor is a person described by Section 101.001(2)(C), has provided a current mailing address that is located outside the United States; or
(B)  if the requestor is a person described by Section 101.001(2)(A) or (B), has provided a current mailing address that is located outside the requestor's county of residence;
(2)  the requestor provides an e-mail address:
(A)  that corresponds to the address on file with the requestor's federal postcard application; or
(B)  stated on a newly submitted federal postcard application;
(3)  the request is submitted on or before the seventh day before the date of the election; and
(4)  a marked ballot for the election from the requestor has not been received by the early voting clerk.
Sec. 101.103.  CONFIDENTIALITY OF E-MAIL ADDRESS. An e-mail address used under this subchapter to request balloting materials is confidential and does not constitute public information for purposes of Chapter 552, Government Code. An early voting clerk shall ensure that a voter's e-mail address provided under this subchapter is excluded from public disclosure.
Sec. 101.104.  ELECTIONS COVERED. The e-mail transmission of balloting materials under this subchapter is limited to:
(1)  an election in which an office of the federal government appears on the ballot, including a primary election;
(2)  an election to fill a vacancy in the legislature unless:
(A)  the election is ordered as an emergency election under Section 41.0011; or
(B)  the election is held as an expedited election under Section 203.013; or
(3)  an election held jointly with an election described by Subdivision (1) or (2).
Sec. 101.105.  BALLOTING MATERIALS TO BE SENT BY E-MAIL. Balloting materials to be sent by e-mail under this subchapter include:
(1)  the appropriate ballot;
(2)  ballot instructions, including instructions that inform a voter that the ballot must be returned by mail to be counted;
(3)  instructions prescribed by the secretary of state on:
(A) how to print a return envelope from the federal Voting Assistance Program website; and
(B)  how to create a carrier envelope or signature sheet for the ballot; and
(4)  a list of certified write-in candidates, if applicable.
Sec. 101.106.  METHODS OF TRANSMISSION TO VOTER. (a) The balloting materials may be provided by e-mail to the voter in PDF format, through a scanned format, or by any other method of electronic transmission authorized by the secretary of state in writing.
(b)  The secretary of state shall prescribe procedures for the retransmission of balloting materials following an unsuccessful transmission of the materials to a voter.
Sec. 101.107.  RETURN OF BALLOT. (a)  A voter described by Section 101.001(2)(A) or (B) must be voting from outside the voter's county of residence. A voter described by Section 101.001(2)(C) must be voting from outside the United States.
(b)  A voter who receives a ballot under this subchapter must return the ballot in the same manner as required under Section 101.057 and, except as provided by Chapter 105, may not return the ballot by electronic transmission.
(c)  A ballot that is not returned as required by Subsection (b) is considered a ballot not timely returned and is not sent to the early voting ballot board for processing.
(d)  The deadline for the return of a ballot under this section is the same deadline as provided in Section 86.007.
Sec. 101.108.  TRACKING OF BALLOTING MATERIALS. The secretary of state by rule shall create a tracking system under which an FPCA registrant may determine whether a voted ballot has been received by the early voting clerk. Each county that sends ballots to FPCA registrants shall provide information required by the secretary of state to implement the system.
Sec. 101.109.  RULES. (a) The secretary of state may adopt rules as necessary to implement this subchapter.
(b)  The secretary of state may provide for an alternate secure method of electronic ballot transmission under this subchapter instead of transmission by e-mail.
[Sec.   101.013.     DESIGNATION OF SECRETARY OF STATE. The secretary of state is designated as the state office to provide information regarding voter registration procedures and absentee ballot procedures, including procedures related to the federal write-in absentee ballot, to be used by persons eligible to vote under the federal Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff et seq.), as amended.]
SECTION 2.  Section 2.025, Election Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows:
(a)  Except as provided by Subsection (d) or as otherwise provided by this code, a runoff election shall be held not earlier than the 20th or later than the 45th day after the date the final canvass of the main election is completed.
(d)  A runoff election for a special election to fill a vacancy in Congress or a special election to fill a vacancy in the legislature to which Section 101.104 applies shall be held not earlier than the 70th day or later than the 77th day after the date the final canvass of the main election is completed.
SECTION 3.  Section 3.005(c), Election Code, is amended to read as follows:
(c)  For an election to be held on:
(1)  the date of the general election for state and county officers, the election shall be ordered not later than the 78th [70th] day before election day; and
(2)  a uniform election date other than the date of the general election for state and county officers, the election shall be ordered not later than the 71st day before election day.
SECTION 4.  Section 41.001, Election Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows:
(a)  Except as otherwise provided by this subchapter, each general or special election in this state shall be held on one of the following dates:
(1)  the second Saturday in May in an odd-numbered year;
(2)  the second Saturday in May in an even-numbered year, for an election held by a political subdivision other than a county; or
(3) [(2)]  the first Tuesday after the first Monday in November.
(d)  Notwithstanding Section 31.093, a county elections administrator is not required to enter into a contract to furnish election services for an election held on the date described by Subsection (a)(2).
SECTION 5.  Section 41.0052, Election Code, is amended to read as follows:
Sec. 41.0052.  CHANGING GENERAL ELECTION DATE. (a) [The governing body of a political subdivision other than a county may, not later than December 31, 2005, change the date on which it holds its general election for officers to another authorized uniform election date.
[(a-1)]  The governing body of a political subdivision, other than a county, that holds its general election for officers on a date other than the November uniform election date may, not later than December 31, 2012 [2010], change the date on which it holds its general election for officers to the November uniform election date.
(b)  A political subdivision that before September 1, 2011, held its general election for officers on the uniform election date in May or that is required by other law to hold its general election for officers on that date shall hold its general election for officers on the first Tuesday in April in an odd-numbered year unless the governing body of the political subdivision changes the date as provided by Subsection (a).
(c)  A political subdivision [governing body] changing an election date under this section shall adjust the terms of office to conform to the new election date.
(d)  A home-rule city may implement the change authorized by Subsection (a) through the adoption of a resolution. The change contained in the resolution supersedes a city charter provision that requires a different general election date.
(e)  The holdover of a member of a governing body of a city in accordance with Section 17, Article XVI, Texas Constitution, so that a term of office may be conformed to a new election date chosen under this section does not constitute a vacancy for purposes of Section 11(b), Article XI, Texas Constitution.
SECTION 6.  Sections 41.007(a), (b), and (c), Election Code, are amended to read as follows:
(a)  The general primary election date is the first Tuesday in April [March] in each even-numbered year.
(b)  The runoff primary election date is the third [second] Tuesday in June [April] following the general primary election.
(c)  The presidential primary election date is the first Tuesday in April [March] in each presidential election year.
SECTION 7.  Section 65.051, Election Code, is amended by adding Subsection (c) to read as follows:
(c)  Section 1.006 does not apply to this section.
SECTION 8.  Section 86.004(b), Election Code, is amended to read as follows:
(b)  For an election to which Section 101.104 applies [the general election for state and county officers], the balloting materials for a voter who indicates on the application for a ballot to be voted by mail or the federal postcard application that the voter is eligible to vote early by mail as a consequence of the voter's being outside the United States shall be mailed on or before the later of the 45th day before election day or the seventh calendar day after the date the clerk receives the application.  However, if it is not possible to mail the ballots by the deadline of the 45th day before election day, the clerk shall notify the secretary of state within 24 hours of knowing that the deadline will not be met.  The secretary of state shall monitor the situation and advise the clerk, who shall mail the ballots as soon as possible in accordance with the secretary of state's guidelines.
SECTION 9.  Section 86.011(b), Election Code, is amended to read as follows:
(b)  If the return is timely, the clerk shall enclose the carrier envelope and the voter's early voting ballot application in a jacket envelope. The clerk shall also include in the jacket envelope:
(1)  a copy of the voter's federal postcard application if the ballot is voted under Chapter 101; and
(2)  the signature cover sheet, if the ballot is voted under Chapter 105.
SECTION 10.  Subchapter B, Chapter 87, Election Code, is amended by adding Section 87.0223 to read as follows:
Sec. 87.0223.  TIME OF DELIVERY: BALLOTS SENT OUT BY REGULAR MAIL AND E-MAIL. (a) If the early voting clerk has provided a voter a ballot to be voted by mail by both regular mail and e-mail under Subchapter C, Chapter 101, the clerk may not deliver a jacket envelope containing the early voting ballot voted by mail by the voter to the board until:
(1)  both ballots are returned; or
(2)  the deadline for returning marked ballots under Section 86.007 has passed.
(b)  If both the ballot provided by regular mail and the ballot provided by e-mail are returned before the deadline, the early voting clerk shall deliver only the jacket envelope containing the ballot provided by e-mail to the board. The ballot provided by regular mail is considered to be a ballot not timely returned.
SECTION 11.  Section 87.041, Election Code, is amended by adding Subsection (f) to read as follows:
(f)  In making the determination under Subsection (b)(2) for a ballot cast under Chapter 101 or 105, the board shall compare the signature on the carrier envelope or signature cover sheet with the signature of the voter on the federal postcard application.
SECTION 12.  Section 87.043, Election Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows:
(a)  The early voting ballot board shall place the carrier envelopes containing rejected ballots in an envelope and shall seal the envelope. More than one envelope may be used if necessary. The board shall keep a record of the number of rejected ballots in each envelope.
(d)  A notation must be made on the carrier envelope of any ballot that was rejected after the carrier envelope was opened and include the reason the envelope was opened and the ballot was rejected.
SECTION 13.  Section 87.0431, Election Code, is amended to read as follows:
Sec. 87.0431.  NOTICE OF REJECTED BALLOT. Not later than the 10th day after election day, the presiding judge of the early voting ballot board shall deliver written notice of the reason for the rejection of a ballot to the voter at the residence address on the ballot application. If the ballot was transmitted to the voter by e-mail under Subchapter C, Chapter 101, the presiding judge shall also provide the notice to the e-mail address to which the ballot was sent.
SECTION 14.  Section 87.044(a), Election Code, is amended to read as follows:
(a)  The early voting ballot board shall place each application for a ballot voted by mail in its corresponding jacket envelope. For a ballot voted under Chapter 101 or 105, the board shall also place the copy of the voter's federal postcard application or signature cover sheet in the same location as the carrier envelope. If the voter's ballot was accepted, the board shall also place the carrier envelope in the jacket envelope. However, if the jacket envelope is to be used in a subsequent election, the carrier envelope shall be retained elsewhere.
SECTION 15.  Section 105.003, Election Code, is amended to read as follows:
Sec. 105.003.  USE OF FEDERAL WRITE-IN ABSENTEE BALLOT FOR ELECTIONS FOR FEDERAL OFFICE. The secretary of state shall prescribe procedures to allow a voter who qualifies to vote by a federal write-in absentee ballot to vote through use of a federal write-in absentee ballot in:
(1)  any general, special, primary, or runoff election for federal office; or
(2)  an election for any office for which balloting materials may be sent under Section 101.104.
SECTION 16.  Section 142.010(b), Election Code, is amended to read as follows:
(b)  Not later than the 68th [55th] day before general election day, the certifying authority shall deliver the certification to the authority responsible for having the official ballot prepared in each county in which the candidate's name is to appear on the ballot.
SECTION 17.  Section 143.007(c), Election Code, is amended to read as follows:
(c)  For an election to be held on:
(1)  the date of the general election for state and county officers, the day of the filing deadline is the 78th [70th] day before election day; and
(2)  a uniform election date other than the date of the general election for state and county officers, the day of the filing deadline is the 71st day before election day.
SECTION 18.  Section 144.005(d), Election Code, is amended to read as follows:
(d)  For an election to be held on:
(1)  the date of the general election for state and county officers, the day of the filing deadline is the 78th [70th] day before election day; and
(2)  a uniform election date other than the date of the general election for state and county officers, the day of the filing deadline is the 71st day before election day.
SECTION 19.  Section 144.006(b), Election Code, is amended to read as follows:
(b)  For an election to be held on:
(1)  the date of the general election for state and county officers, the day of the filing deadline is the 78th [67th] day before election day; and
(2)  a uniform election date other than the date of the general election for state and county officers, the day of the filing deadline is the 71st day before election day.
SECTION 20.  Section 145.037(e), Election Code, is amended to read as follows:
(e)  The certification must be delivered not later than 5 p.m. of the 71st [70th] day before election day.
SECTION 21.  Section 145.038(b), Election Code, is amended to read as follows:
(b)  The state chair must deliver the certification of the replacement nominee not later than 5 p.m. of the 69th [67th] day before election day.
SECTION 22.  Section 145.092(f), Election Code, is amended to read as follows:
(f)  A candidate in an election for which the filing deadline for an application for a place on the ballot is not later than 5 p.m. of the 78th [70th] day before election day may not withdraw from the election after 5 p.m. of the 71st [67th] day before election day.
SECTION 23.  Section 145.094(a), Election Code, is amended to read as follows:
(a)  The name of a candidate shall be omitted from the ballot if the candidate:
(1)  dies before the second day before the date of the deadline for filing the candidate's application for a place on the ballot;
(2)  withdraws or is declared ineligible before 5 p.m. of the second day before the beginning of early voting by personal appearance, in an election subject to Section 145.092(a);
(3)  withdraws or is declared ineligible before 5 p.m. of the 53rd day before election day, in an election subject to Section 145.092(b); or
(4)  withdraws or is declared ineligible before 5 p.m. of the 71st [67th] day before election day, in an election subject to Section 145.092(f).
SECTION 24.  Section 145.096(a), Election Code, is amended to read as follows:
(a)  Except as provided by Subsection (b), a candidate's name shall be placed on the ballot if the candidate:
(1)  dies on or after the second day before the deadline for filing the candidate's application for a place on the ballot;
(2)  is declared ineligible after 5 p.m. of the second day before the beginning of early voting by personal appearance, in an election subject to Section 145.092(a);
(3)  is declared ineligible after 5 p.m. of the 53rd day before election day, in an election subject to Section 145.092(b); or
(4)  is declared ineligible after 5 p.m. of the 71st [67th] day before election day, in an election subject to Section 145.092(f).
SECTION 25.  Sections 146.025(a) and (b), Election Code, are amended to read as follows:
(a)  A declaration of write-in candidacy must be filed not later than 5 p.m. of the 78th [70th] day before general election day, except as otherwise provided by this code. A declaration may not be filed earlier than the 30th day before the date of the regular filing deadline.
(b)  If a candidate whose name is to appear on the general election ballot dies or is declared ineligible after the third day before the date of the filing deadline prescribed by Subsection (a), a declaration of write-in candidacy for the office sought by the deceased or ineligible candidate may be filed not later than 5 p.m. of the 75th [67th] day before election day.
SECTION 26.  Section 146.029(c), Election Code, is amended to read as follows:
(c)  Not later than the 68th [62nd] day before election day, the certifying authority shall deliver the certification to the authority responsible for having the official ballot prepared in each county in which the office sought by the candidate is to be voted on.
SECTION 27.  Section 146.054(b), Election Code, is amended to read as follows:
(b)  For an election to be held on:
(1)  the date of the general election for state and county officers, the day of the filing deadline is the 74th [67th] day before election day; and
(2)  a uniform election date other than the date of the general election for state and county officers, the day of the filing deadline is the 71st day before election day.
SECTION 28.  Section 161.008(b), Election Code, is amended to read as follows:
(b)  Not later than the 68th [62nd] day before general election day, the secretary of state shall deliver the certification to the authority responsible for having the official general election ballot prepared in each county in which the candidate's name is to appear on the ballot.
SECTION 29.  Section 171.0231(d), Election Code, is amended to read as follows:
(d)  A declaration of write-in candidacy must be filed not later than 5 p.m. of the 88th [62nd] day before general primary election day. However, if a candidate whose name is to appear on the ballot for the office of county chair or precinct chair dies or is declared ineligible after the third day before the date of the regular filing deadline prescribed by this subsection, a declaration of write-in candidacy for the office sought by the deceased or ineligible candidate may be filed not later than 5 p.m. of the 79th [59th] day before election day.
SECTION 30.  Section 172.028(b), Election Code, is amended to read as follows:
(b)  Not later than the 84th [57th] day before general primary election day, the state chair shall deliver the certification to the county chair in each county in which the candidate's name is to appear on the ballot.
SECTION 31.  Section 172.052(a), Election Code, is amended to read as follows:
(a)  A candidate for nomination may not withdraw from the general primary election after the 88th [62nd] day before general primary election day.
SECTION 32.  Sections 172.054(a) and (b), Election Code, are amended to read as follows:
(a)  The deadline for filing an application for a place on the general primary election ballot is extended as provided by this section if a candidate who has made an application that complies with the applicable requirements:
(1)  dies on or after the fifth day before the date of the regular filing deadline and on or before the 88th [62nd] day before general primary election day;
(2)  holds the office for which the application was made and withdraws or is declared ineligible on or after the date of the regular filing deadline and on or before the 88th [62nd] day before general primary election day; or
(3)  withdraws or is declared ineligible during the period prescribed by Subdivision (2), and at the time of the withdrawal or declaration of ineligibility no other candidate has made an application that complies with the applicable requirements for the office sought by the withdrawn or ineligible candidate.
(b)  An application for an office sought by a withdrawn, deceased, or ineligible candidate must be filed not later than 6 p.m. of the 80th [60th] day before general primary election day. An application filed by mail with the state chair is not timely if received later than 5 p.m. of the 80th [60th] day before general primary election day.
SECTION 33.  Section 172.057, Election Code, is amended to read as follows:
Sec. 172.057.  WITHDRAWN, DECEASED, OR INELIGIBLE CANDIDATE'S NAME OMITTED FROM GENERAL PRIMARY BALLOT. A candidate's name shall be omitted from the general primary election ballot if the candidate withdraws, dies, or is declared ineligible on or before the 88th [62nd] day before general primary election day.
SECTION 34.  Section 172.058(a), Election Code, is amended to read as follows:
(a)  If a candidate who has made an application for a place on the general primary election ballot that complies with the applicable requirements dies or is declared ineligible after the 88th [62nd] day before general primary election day, the candidate's name shall be placed on the ballot and the votes cast for the candidate shall be counted and entered on the official election returns in the same manner as for the other candidates.
SECTION 35.  Section 172.059(a), Election Code, is amended to read as follows:
(a)  A candidate for nomination may not withdraw from the runoff primary election after 5 p.m. of the 8th [10th] day after general primary election day.
SECTION 36.  Section 172.082(c), Election Code, is amended to read as follows:
(c)  The drawing shall be conducted at the county seat not later than the 81st [53rd] day before general primary election day.
SECTION 37.  Section 192.033(b), Election Code, is amended to read as follows:
(b)  The secretary of state shall deliver the certification to the authority responsible for having the official ballot prepared in each county before the later of the 68th [62nd] day before presidential election day or the second business day after the date of final adjournment of the party's national presidential nominating convention.
SECTION 38.  Section 201.051(b), Election Code, is amended to read as follows:
(b)  For a vacancy to be filled by a special election to be held on the date of the general election for state and county officers, the election shall be ordered not later than the 78th [70th] day before election day.
SECTION 39.  Section 201.054(f), Election Code, is amended to read as follows:
(f)  For a special election to be held on the date of the general election for state and county officers, the day of the filing deadline is the 75th [67th] day before election day.
SECTION 40.  Sections 11.055(a) and (c), Education Code, are amended to read as follows:
(a)  Except as provided by Subsection (c), an application of a candidate for a place on the ballot must be filed not later than 5 p.m. of the 71st [62nd] day before the date of the election. An application may not be filed earlier than the 30th day before the date of the filing deadline.
(c)  For an election to be held on the date of the general election for state and county officers, the day of the filing deadline is the 78th [70th] day before election day.
SECTION 41.  Section 11.056(b), Education Code, is amended to read as follows:
(b)  A [Except as provided by Subsection (e), a] declaration of write-in candidacy must be filed not later than the deadline prescribed by Section 146.054, Election Code, for a write-in candidate in a city election [5 p.m. of the fifth day after the date an application for a place on the ballot is required to be filed].
SECTION 42.  Section 11.059(e), Education Code, is amended to read as follows:
(e)  Not later than December 31, 2011 [2007], the board of trustees may adopt a resolution changing the length of the terms of its trustees.  The resolution must provide for a term of either three or four years and specify the manner in which the transition from the length of the former term to the modified term is made.  The transition must begin with the first regular election for trustees that occurs after January 1, 2012 [2008], and a trustee who serves on that date shall serve the remainder of that term.  This subsection expires January 1, 2017 [2013].
SECTION 43.  Section 130.0825(b), Education Code, is amended to read as follows:
(b)  A [Except as provided by Subsection (e), a] declaration of write-in candidacy must be filed not later than the deadline prescribed by Section 146.054, Election Code, for a write-in candidate in a city election [5 p.m. of the fifth day after the date an application for a place on the ballot is required to be filed].
SECTION 44.  Section 285.131(d), Health and Safety Code, is amended to read as follows:
(d)  A [Except as provided by Subsection (g), a] declaration of write-in candidacy must be filed not later than the deadline prescribed by Section 146.054, Election Code, for a write-in candidate in a city election [5 p.m. of the fifth day after the date an application for a place on the ballot is required to be filed].
SECTION 45.  Subchapter A, Chapter 21, Local Government Code, is amended by adding Section 21.004 to read as follows:
Sec. 21.004.  CHANGE OF LENGTH OF TERMS IN GENERAL-LAW MUNICIPALITY. (a) This section applies only to a general-law municipality whose governing body is composed of members that serve a term of one or three years.
(b)  Not later than December 31, 2011, the governing body of the general-law municipality may adopt a resolution changing the length of the terms of its members to two years.  The resolution must specify the manner in which the transition from the length of the former term to the modified term is made.  The transition must begin with the first regular election for members of the governing body that occurs after January 1, 2012, and a member who serves on that date shall serve the remainder of that term.
(c)  This section expires January 1, 2015.
SECTION 46.  Section 63.0945(d), Water Code, is amended to read as follows:
(d)  A [Except as provided by Subsection (f), a] declaration of write-in candidacy must be filed not later than the deadline prescribed by Section 146.054, Election Code, for a write-in candidate in a city election [5 p.m. of the fifth day after the date an application for a place on the ballot is required to be filed].
SECTION 47.  (a) This section applies only to a political subdivision that elects the members of its governing body to a term that consists of an odd number of years.
(b)  Not later than December 31, 2012, the governing body of the political subdivision may adopt a resolution changing the length of the terms of its members to an even number of years. The resolution must specify the manner in which the transition from the length of the former term to the modified term is made. The transition must begin with the first regular election for members of the governing body that occurs after January 1, 2013, and a member who serves on that date shall serve the remainder of that term.
(c)  This section expires January 1, 2020.
SECTION 48.  To the extent of any conflict, this Act prevails over another Act of the 82nd Legislature, Regular Session, 2011, regardless of the relative dates of enactment.
SECTION 49.  The secretary of state shall adopt rules as necessary to implement this Act, including the adjustment or modification of any affected date, deadline, or procedure.
SECTION 50.  The following are repealed:
(1)  Section 41.0052(a-1), Election Code;
(2)  Sections 11.056(e) and 130.0825(e), Education Code;
(3)  Section 285.131(g), Health and Safety Code; and
(4)  Section 63.0945(f), Water Code.
SECTION 51.  The changes in law made by this Act do not apply to an election held on November 8, 2011.
SECTION 52.  This Act takes effect September 1, 2011.

Floor Amendment No. 1

Amend CSSB 100 (house committee printing) as follows:
(1)  On page 15, line 20, strike "Subsection (d)" and substitute "Subsections (d) and (e)".
(2)  On page 16, between lines 8 and 9, insert the following:
(e)  For a city to which Sec. 501.0211 applies holding an election under Subsection (a)(2):
(1)  the commissioner's court of the county in which the city is located is required to comply with election requirements under Title 17;
(2)  the city is required to incorporate the election as part of the regular election ballot of the city; and
(3)  the city pays all costs related to holding the election.
(3)  Add the following appropriately numbered SECTION to the bill and renumber the remaining SECTIONS of the bill accordingly:
SECTION ____.  Section 501.0211(a), Election Code, is amended to read as follows:
(a)  This section applies only to a municipality:
(1)  with a population of at least 112,000 located in a county with a population of not more than 135,000;
(2)  in which the sale of one or more types or classifications of alcoholic beverage is legal in the municipality as a result of a local option election held in the municipality; [and]
(3)  that, after the election is held, annexes territory in which the sale of one or more of those types or classifications of alcoholic beverage is not legal; and
(4)  that is wholly contained in a single county and that is conducting a municipal election on the election date described by Section 41.001(a)(2).

Floor Amendment No. 2

(1)  Amend CSSB 100 (house committee printing), from page 16, line 22 to page 17, line 1 by striking Subsection (b).
(2)  Renumber subsequent subsections accordingly.

Floor Amendment No. 3

Amend CSSB 100 (house committee printing) as follows:
(1)  Amend SECTION 5, Subsection (d) of Section 41.0052, Election Code (page 17, line 6) of the bill, after "(a)" insert "or provide for the election of all members of the governing body at the same election" and adjust accordingly.
(2)  Amend SECTION 45 of the bill, by striking added Section 21.004, Local Government Code (page 30, line 18 through page 31, line 3), and substituting the following:
Sec. 21.004. CHANGE OF LENGTH OR STAGGERING OF TERMS IN GENERAL-LAW MUNICIPALITY. (a) This section applies only to a general-law municipality whose governing body is composed of members that serve:
(1)  a term of one or three years; or
(2)  staggered terms.
(b)  Not later than December 31, 2012, the governing body of the general-law municipality may adopt a resolution:
(1)  changing the length of the terms of its members to two years; or
(2)  providing for the election of all members of the governing body at the same election.
(c)  The resolution must specify the manner in which the transition in the length of terms is made. The transition must begin with the first regular election for members of the governing body that occurs after January 1, 2013, and a member who serves on that date shall serve the remainder of that term.
(d)  This section expires January 1, 2016.

Floor Amendment No. 4

Amend CSSB 100 as follows:
(1)  Strike SECTION 6 and substitute the following appropriately numbered SECTION:
SECTION ____.  Section 41.007(b), Election Code, is amended to read as follows:
(b)  The runoff primary election date is the fourth Tuesday in May [second Tuesday in April] following the general primary election.
(2)  Insert the following appropriately numbered SECTION to the bill and renumber the existing SECTIONS as appropriate:
SECTION ____.  Section 172.023(a), Election Code, is amended to read as follows:
(a)  An application for a place on the general primary election ballot must be filed not later than 6 p.m. on the second Monday in December of an odd-numbered year [January 2 in the primary election year] unless the filing deadline is extended under Subchapter C.

Floor Amendment No. 5

Amend CSSB 100 by striking SECTION 29 of the bill amending Section 171.0231(d), Election Code (pages 25, line 18 to page 26, line 1), and substituting the following:
SECTION 29. Section 171.0231(d), Election Code, is amended to read as follows:
(d)  A declaration of write-in candidacy must be filed not later than 6 [5] p.m. of the fifth [62nd] day after the date of the regular filing deadline for the general primary election [before general primary election day]. However, if a candidate whose name is to appear on the ballot for the office of county chair or precinct chair dies or is declared ineligible after the third day before the date of the regular filing deadline prescribed by this subsection, a declaration of write-in candidacy for the office sought by the deceased or ineligible candidate may be filed not later than 5 p.m. of the 59th day before election day.

Floor Amendment No. 1 on Third Reading

Amend CSSB 100 on third reading, by striking the changes made by Floor Amendment No. 1 by Pickett in adding Section 41.001(e), Election Code, and amending Section 501.0211(a), Election Code, and substituting the following appropriately numbered SECTION and renumbering the existing sections as appropriate:
SECTION ____.  Section 501.109, Election Code, is amended to read as follows:
Sec. 501.109.  ELECTION IN [CERTAIN] MUNICIPALITIES. (a) This section applies only to an election to permit or prohibit the legal sale of alcoholic beverages of one or more of the various types and alcoholic contents in a municipality [that is located in more than one county].
(b)  An election to which this section applies shall be conducted by the municipality instead of a county [the counties].  For the purposes of an election conducted under this section, a reference in this chapter to:
(1)  the county is considered to refer to the municipality;
(2)  the commissioners court is considered to refer to the governing body of the municipality;
(3)  the county clerk or voter registrar is considered to refer to the secretary of the municipality or, if the municipality does not have a secretary, to the person performing the functions of a secretary of the municipality; and
(4)  the county judge is considered to refer to the mayor of the municipality or, if the municipality does not have a mayor, to the presiding officer of the governing body of the municipality.
(c)  The municipality shall pay the expense of the election.
(d)  An action to contest the election under Section 501.155 may be brought in the district court of any county in which the municipality is located.

Floor Amendment No. 2 on Third Reading

Amend CSSB 100 on third reading by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Section 86.014(a), Election Code, is amended to read as follows:
(a)  A copy of an application for a ballot to be voted by mail is not available for public inspection, except to the voter seeking to verify that the information pertaining to the voter is accurate, until the first business day after [may be obtained from the early voting clerk]:
(1)  the date the ballot corresponding to the application is received by the authority conducting the election, if the ballot is returned to the authority [72 hours after the time a ballot is mailed to the voter]; or
(2)  [48 hours after the time a ballot is mailed to the voter if the mailing occurs on the fourth day before] election day.

The amendments were read.

Senator Van de Putte moved that the Senate do not concur in the House amendments, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.

The motion prevailed without objection.

The President Pro Tempore asked if there were any motions to instruct the conference committee on SB 100 before appointment.

There were no motions offered.

The President Pro Tempore announced the appointment of the following conferees on the part of the Senate:  Senators Van de Putte, Chair; Duncan, Williams, Seliger, and Shapiro.

SENATE CONCURRENT RESOLUTION 59

The President Pro Tempore laid before the Senate the following resolution:

WHEREAS, Senate Bill No. 1082 has been adopted by the house of representatives and the senate; and
WHEREAS, The bill contains technical and typographical errors that should be corrected; now, therefore, be it
RESOLVED by the 82nd Legislature of the State of Texas, That the enrolling clerk of the senate be instructed to make the following correction:
(1)  Strike SECTION 5 of the bill and substitute the following:
SECTION 5.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.

HEGAR

SCR 59 was read.

On motion of Senator Hegar, the resolution was considered immediately and was adopted by the following vote:  Yeas 31, Nays 0.

HOUSE CONCURRENT RESOLUTION 167

The President Pro Tempore laid before the Senate the following resolution:

WHEREAS, House Bill No. 2203 has been adopted by the senate and the house of representatives and is being prepared for enrollment; and
WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it
RESOLVED, by the 82nd Legislature of the State of Texas, That the enrolling clerk of the house of representatives be instructed to make the following corrections:
(1)  In SECTION 1 of the house engrossment (page 1, line 11), strike "three-year" and substitute "four-year [three-year]".
(2)  In SECTION 1 of the house engrossment (page 1, line 14), strike "one-year" and substitute "two-year".
(3)  Between SECTIONS 3 and 4 of the house engrossment (page 3, between lines 19 and 20) insert the following and renumber subsequent SECTIONS of the bill accordingly:
SECTION 4.  Section 2003.916, Government Code, is amended to read as follows:
Sec. 2003.916.  EXPIRATION. This subchapter expires January 1, 2014 [2013].

WILLIAMS

HCR 167 was read.

On motion of Senator Williams, the resolution was considered immediately and was adopted by the following vote:  Yeas 31, Nays 0.

RECESS

On motion of Senator Eltife, the Senate at 12:18 p.m. recessed until 2:00 p.m. today.

AFTER RECESS

The Senate met at 2:05 p.m. and was called to order by President Pro Tempore Ogden.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER
Austin, Texas
Friday, May 27, 2011 - 1

The Honorable President of the Senate
Senate Chamber
Austin, Texas

Mr. President:

I am directed by the House to inform the Senate that the House has taken the following action:

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HCR 126
Thompson
In memory of the Honorable Edmund Kuempel of Seguin.

THE HOUSE HAS CONCURRED IN THE SENATE AMENDMENTS TO THE FOLLOWING MEASURES:

HB 51 (86 Yeas, 53 Nays, 2 Present, not voting)

HB 290 (136 Yeas, 1 Nays, 2 Present, not voting)

HB 411 (134 Yeas, 4 Nays, 2 Present, not voting)

HB 736 (138 Yeas, 0 Nays, 2 Present, not voting)

HB 971 (138 Yeas, 0 Nays, 3 Present, not voting)

HB 1173 (136 Yeas, 1 Nays, 2 Present, not voting)

HB 1206 (101 Yeas, 36 Nays, 2 Present, not voting)

HB 1244 (130 Yeas, 9 Nays, 2 Present, not voting)

HB 1541 (112 Yeas, 28 Nays, 2 Present, not voting)

HB 1646 (132 Yeas, 5 Nays, 2 Present, not voting)

HB 1720 (136 Yeas, 0 Nays, 2 Present, not voting)

HB 1781 (139 Yeas, 0 Nays, 2 Present, not voting)

HB 2329 (139 Yeas, 0 Nays, 2 Present, not voting)

HB 2367 (138 Yeas, 1 Nays, 2 Present, not voting)

HB 2643 (112 Yeas, 24 Nays, 2 Present, not voting)

HB 2728 (74 Yeas, 63 Nays, 2 Present, not voting)

THE HOUSE HAS REFUSED TO CONCUR IN THE SENATE AMENDMENTS TO THE FOLLOWING MEASURES AND REQUESTS THE APPOINTMENT OF A CONFERENCE COMMITTEE TO ADJUST THE DIFFERENCES BETWEEN THE TWO HOUSES:

HB 272 (non-record vote)
House Conferees:  Smithee - Chair/Hancock/Ritter/Taylor, Larry/Thompson

HB 335 (non-record vote)
House Conferees:  Shelton - Chair/Branch/Creighton/Darby/Thompson

HB 1242 (non-record vote)
House Conferees:  Geren - Chair/Cook/Frullo/Kuempel/Ritter

HB 1560 (non-record vote)
House Conferees:  Scott - Chair/Creighton/Eiland/Keffer/Miller, Sid

HB 2365 (non-record vote)
House Conferees:  Eissler - Chair/Hancock/Hochberg/Huberty/Strama

HB 2770 (non-record vote)
House Conferees:  Smith, Wayne - Chair/Callegari/Hunter/Phillips/Thompson

HB 2910 (non-record vote)
House Conferees:  Branch - Chair/Bonnen/Howard, Donna/Johnson/Pitts

HB 3246 (non-record vote)
House Conferees:  Elkins - Chair/Jackson, Jim/King, Tracy O./Miller, Doug/Paxton

THE HOUSE HAS GRANTED THE REQUEST OF THE SENATE FOR THE APPOINTMENT OF A CONFERENCE COMMITTEE ON THE FOLLOWING MEASURES:

SB 158 (non-record vote)
House Conferees:  Fletcher - Chair/Deshotel/Gallego/Hopson/Woolley

SB 377 (non-record vote)
House Conferees:  Riddle - Chair/Anderson, Charles "Doc"/Dutton/Fletcher/Weber

SB 472 (non-record vote)
House Conferees:  Giddings - Chair/Deshotel/Otto/Solomons/Turner

SB 516 (non-record vote)
House Conferees:  Fletcher - Chair/Anderson, Charles "Doc"/Berman/Bonnen/King, Phil
SB 635 (non-record vote)
House Conferees:  Larson - Chair/Cook/King, Tracy O./Price/Ritter

SB 694 (non-record vote)
House Conferees:  Smith, Wayne - Chair/Cook/Deshotel/Dutton/Fletcher

SB 773 (non-record vote)
House Conferees:  Gallego - Chair/Chisum/Frullo/Hilderbran/Munoz, Jr.

SB 875 (non-record vote)
House Conferees:  Hancock - Chair/Bonnen/Chisum/Eiland/Smith, Wayne

SB 1010 (non-record vote)
House Conferees:  Workman - Chair/Carter/Gallego/Lucio III/Madden

SB 1134 (non-record vote)
House Conferees:  Craddick - Chair/Hancock/Lozano/Sheffield/Smith, Wayne

SB 1320 (non-record vote)
House Conferees:  Gonzales, Veronica - Chair/Anderson, Rodney/
Deshotel/Kleinschmidt/Raymond

SB 1331 (non-record vote)
House Conferees:  Gallego - Chair/Aliseda/Christian/Rodriguez, Eddie/Zedler

SB 1543 (non-record vote)
House Conferees:  Larson - Chair/Guillen/Kuempel/Price/Rodriguez, Eddie

SB 1588 (non-record vote)
House Conferees:  Pitts - Chair/Chisum/Frullo/Guillen/Zerwas

SB 1600 (non-record vote)
House Conferees:  King, Phil - Chair/Beck/Fletcher/Miller, Sid/Walle

SB 1664 (non-record vote)
House Conferees:  Truitt - Chair/Hunter/Miles/Riddle/Turner

SB 1717 (non-record vote)
House Conferees:  Lewis - Chair/Hartnett/Jackson, Jim/Raymond/Thompson

SB 1788 (non-record vote)
House Conferees:  Huberty - Chair/Aycock/Strama/Taylor, Larry/Weber

Respectfully,

/s/Robert Haney, Chief Clerk
House of Representatives

SENATE BILL 1216 WITH HOUSE AMENDMENT

Senator Estes called SB 1216 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.
Amendment

Amend SB 1216 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to determination of the validity and enforceability of a contract containing an arbitration agreement in suits for dissolution of marriage and certain suits affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter G, Chapter 6, Family Code, is amended by adding Section 6.6015 to read as follows:
Sec. 6.6015.  DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. (a)  If a party to a suit for dissolution of a marriage opposes an application to compel arbitration or makes an application to stay arbitration and asserts that the contract containing the agreement to arbitrate is not valid or enforceable, notwithstanding any provision of the contract to the contrary, the court shall try the issue promptly and may order arbitration only if the court determines that the contract containing the agreement to arbitrate is valid and enforceable against the party seeking to avoid arbitration.
(b)  A determination under this section that a contract is valid and enforceable does not affect the court's authority to stay arbitration or refuse to compel arbitration on any other ground provided by law.
(c)  This section does not apply to:
(1)  a court order;
(2)  a mediated settlement agreement described by Section 6.602;
(3)  a collaborative law agreement described by Section 6.603;
(4)  a written settlement agreement reached at an informal settlement conference described by Section 6.604; or
(5)  any other agreement between the parties that is approved by a court.
SECTION 2.  Subchapter A, Chapter 153, Family Code, is amended by adding Section 153.00715 to read as follows:
Sec. 153.00715.  DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING AGREEMENT TO ARBITRATE. (a)  If a party to a suit affecting the parent-child relationship opposes an application to compel arbitration or makes an application to stay arbitration and asserts that the contract containing the agreement to arbitrate is not valid or enforceable, notwithstanding any provision of the contract to the contrary, the court shall try the issue promptly and may order arbitration only if the court determines that the contract containing the agreement to arbitrate is valid and enforceable against the party seeking to avoid arbitration.
(b)  A determination under this section that a contract is valid and enforceable does not affect the court's authority to stay arbitration or refuse to compel arbitration on any other ground provided by law.
(c)  This section does not apply to:
(1)  a court order;
(2)  an agreed parenting plan described by Section 153.007;
(3)  a mediated settlement agreement described by Section 153.0071;
(4)  a collaborative law agreement described by Section 153.0072; or
(5)  any other agreement between the parties that is approved by a court.
SECTION 3.  The changes in law made by this Act apply only to a contract entered into on or after the effective date of this Act. A contract entered into before the effective date of this Act is governed by the law in effect immediately before that date, and that law is continued in effect for that purpose.
SECTION 4.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.

The amendment was read.

Senator Estes moved to concur in the House amendment to SB 1216.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 407 WITH HOUSE AMENDMENTS

Senator Watson called SB 407 from the President's table for consideration of the House amendments to the bill.

The President Pro Tempore laid the bill and the House amendments before the Senate.

Committee Amendment No. 1

Amend SB 407 (senate engrossed version) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Section 43.26, Penal Code, is amended by adding Subsection (h) to read as follows:
(h)  It is a defense to prosecution under Subsection (a) or (e) that the actor is a law enforcement officer or a school administrator who:
(1)  possessed the visual material in good faith solely as a result of an allegation of a violation of Section 43.261;
(2)  allowed other law enforcement or school administrative personnel to access the material only as appropriate based on the allegation described by Subdivision (1); and
(3)  took reasonable steps to destroy the material within an appropriate period following the allegation described by Subdivision (1).
SECTION ____.  The change in law made by this Act to Section 43.26, 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.

Floor Amendment No. 2

Amend SB 407 (house committee printing) as follows:
(1)  In SECTION 6 of the bill, strike the amended heading to Article 38.45, Code of Criminal Procedure (page 6, lines 17 through 19), and substitute the following:
Art. 38.45.  EVIDENCE DEPICTING OR DESCRIBING ABUSE OF OR SEXUAL CONDUCT BY [THAT CONSTITUTES] CHILD OR MINOR [PORNOGRAPHY].
(2)  In SECTION 7 of the bill, in amended Article 38.45(a), Code of Criminal Procedure (page 6, line 24), strike "that".
(3)  In SECTION 7 of the bill, in amended Article 38.45(a)(1), Code of Criminal Procedure (page 6, line 25), between "(1)" and "constitutes", insert "that".
(4)  In SECTION 7 of the bill, in added Article 38.45(a)(1), Code of Criminal Procedure (page 6, line 26), strike "or".
(5)  In SECTION 7 of the bill, in added Article 38.45(a)(2), Code of Criminal Procedure (page 7, line 1), between "Penal Code" and the period, insert the following:
; or
(3)  that is described by Section 2 or 5, Article 38.071, of this code
(6)  In SECTION 8 of the bill, strike the amended heading to Article 39.15, Code of Criminal Procedure (page 7, lines 4 through 6) and substitute the following:
Art. 39.15.  DISCOVERY OF EVIDENCE DEPICTING OR DESCRIBING ABUSE OF OR SEXUAL CONDUCT BY [THAT CONSTITUTES] CHILD OR MINOR [PORNOGRAPHY].
(7)  In SECTION 9 of the bill, in added Article 39.15(a)(1), Code of Criminal Procedure (page 7, line 12), strike "or".
(8)  In SECTION 9 of the bill, in added Article 39.15(a)(2), Code of Criminal Procedure (page 7, line 14), between "Penal Code" and the period, insert the following:
; or
(3)  that is described by Section 2 or 5, Article 38.071, of this code

The amendments were read.

Senator Watson moved to concur in the House amendments to SB 407.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1094 WITH HOUSE AMENDMENT

Senator Rodriguez called SB 1094 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Amendment

Amend SB 1094 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the availability of online testing for high school equivalency examinations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 7.111, Education Code, is amended by adding Subsection (c) to read as follows:
(c)  The board by rule shall develop and deliver high school equivalency examinations and provide for the administration of the examinations online. The rules must:
(1)  provide a procedure for verifying the identity of the person taking the examination; and
(2)  prohibit a person under 18 years of age from taking the examination online.
SECTION 2.  This Act applies beginning with the 2011-2012 school year.
SECTION 3.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.

The amendment was read.

Senator Rodriguez moved to concur in the House amendment to SB 1094.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 942 WITH HOUSE AMENDMENT

Senator Watson called SB 942 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 942 (house committee printing) as follows:
(1)  In SECTION 1 of the bill, in added Subchapter B, Chapter 9017, Special District Local Laws Code (page 2, between lines 25 and 26), insert the following new Section 9017.054:
Sec. 9017.054.  EXCLUSION OF TERRITORY FROM DEFINED AREA. Before holding an election under Section 9017.060, the district may exclude territory from the defined area in the manner provided by Sections 49.303, 49.304, 49.305, 49.306, and 49.307, Water Code.
(2)  In SECTION 1 of the bill, in added Section 9017.054, Special District Local Laws Code (page 2, line 26), strike "9017.054" and substitute "9017.055".
(3)  In SECTION 1 of the bill, in added Section 9017.055, Special District Local Laws Code (page 3, line 4), strike "9017.055" and substitute "9017.056".
(4)  In SECTION 1 of the bill, in added Section 9017.055(b), Special District Local Laws Code (page 3, line 10), strike "9017.056, 9017.059, 9017.060, 9017.061, 9017.062, or 9017.063" and substitute "9017.057, 9017.060, 9017.061, 9017.062, 9017.063, or 9017.064".
(5)  In SECTION 1 of the bill, in added Section 9017.056, Special District Local Laws Code (page 3, line 17), strike "9017.056" and substitute "9017.057".
(6)  In SECTION 1 of the bill, in added Section 9017.057, Special District Local Laws Code (page 3, line 26), strike "9017.057" and substitute "9017.058".
(7)  In SECTION 1 of the bill, in added Section 9017.058, Special District Local Laws Code (page 4, line 11), strike "9017.058" and substitute "9017.059".
(8)  In SECTION 1 of the bill, in added Section 9017.058, Special District Local Laws Code (page 4, line 14), strike "9017.056" and substitute "9017.057".
(9)  In SECTION 1 of the bill, in added Section 9017.058, Special District Local Laws Code (page 4, line 16), strike "Code." and substitute "Code, primarily intended to serve the defined area."
(10)  In SECTION 1 of the bill, in added Section 9017.059, Special District Local Laws Code (page 4, line 17), strike "9017.059" and substitute "9017.060".
(11)  In SECTION 1 of the bill, in added Section 9017.059, Special District Local Laws Code (page 4, line 19), strike "9017.055" and substitute "9017.056".
(12)  In SECTION 1 of the bill, in added Section 9017.060, Special District Local Laws Code (page 5, line 1), strike "9017.060" and substitute "9017.061".
(13)  In SECTION 1 of the bill, in added Section 9017.060, Special District Local Laws Code (page 5, line 2), strike "9017.059" and substitute "9017.060".
(14)  In SECTION 1 of the bill, in added Section 9017.061, Special District Local Laws Code (page 5, line 8), strike "9017.061" and substitute "9017.062".
(15)  In SECTION 1 of the bill, in added Section 9017.061, Special District Local Laws Code (page 5, line 14), strike "9017.059" and substitute "9017.060".
(16)  In SECTION 1 of the bill, in added Section 9017.062, Special District Local Laws Code (page 5, line 22), strike "9017.062" and substitute "9017.063".
(17)  In SECTION 1 of the bill, in added Section 9017.063, Special District Local Laws Code (page 5, line 27), strike "9017.063" and substitute "9017.064".
(18)  In SECTION 1 of the bill, in added Section 9017.063, Special District Local Laws Code (page 6, line 1), strike "9017.059" and substitute "9017.060".
(19)  In SECTION 1 of the bill, in added Section 9017.064, Special District Local Laws Code (page 6, line 4), strike "9017.064" and substitute "9017.065".

The amendment was read.

Senator Watson moved to concur in the House amendment to SB 942.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

VOTE RECONSIDERED ON
SENATE BILL 316

Senator Whitmire moved to reconsider the vote by which the Conference Committee Report on SB 316 was adopted.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SB 316, Relating to criminal asset forfeiture, the disposition of proceeds and property from criminal asset forfeiture, and accountability for that disposition; providing civil penalties.

Question --- Shall the Conference Committee Report on SB 316 be adopted?

On motion of Senator Whitmire and by unanimous consent, SB 316 was recommitted to the conference committee.

CONFERENCE COMMITTEE ON
SENATE BILL 316 DISCHARGED

Senator Whitmire moved to discharge the Senate conferees and to concur in the House amendments to SB 316.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1636 WITH HOUSE AMENDMENT

Senator Davis called SB 1636 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Amendment

Amend SB 1636 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the collection, analysis, and preservation of sexual assault or DNA evidence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 411.151, Government Code, is amended by adding Subsection (e) to read as follows:
(e)  The department's failure to expunge a DNA record as required by this section may not serve as the sole grounds for a court in a criminal proceeding to exclude evidence based on or derived from the contents of that record.
SECTION 2.  Section 420.003, Government Code, is amended by amending Subdivisions (1) and (6) and adding Subdivisions (1-a), (1-b), (1-c), and (1-d) to read as follows:
(1)  "Accredited crime laboratory" means a crime laboratory, as that term is defined by Article 38.35, Code of Criminal Procedure, that has been accredited under Section 411.0205.
(1-a)  "Active criminal case" means a case:
(A)  in which:
(i)  a sexual assault has been reported to a law enforcement agency; and
(ii)  physical evidence of the assault has been submitted to the agency or an accredited crime laboratory under this chapter for analysis; and
(B)  for which:
(i)  the statute of limitations has not run with respect to the prosecution of the sexual assault; or
(ii)  a DNA profile was obtained that is eligible under Section 420.043 for comparison with DNA profiles in the state database or CODIS DNA database.
(1-b)  "Advocate" means a person who provides advocacy services as an employee or volunteer of a sexual assault program.
(1-c)  "Department" means the Department of Public Safety of the State of Texas.
(1-d)  "Law enforcement agency" means a state or local law enforcement agency in this state with jurisdiction over the investigation of a sexual assault.
(6)  "Sexual assault nurse examiner" means a registered nurse who has completed a service-approved examiner training course described by Section 420.011.
SECTION 3.  Subsection (e), Section 420.031, Government Code, is amended to read as follows:
(e)  Evidence collected under this section may not be released unless a signed, [the survivor of the offense or a legal representative of the survivor signs a] written consent to release the evidence is obtained as provided by Section 420.0735.
SECTION 4.  Subchapter B, Chapter 420, Government Code, is amended by adding Section 420.033 to read as follows:
Sec. 420.033.  CHAIN OF CUSTODY. Medical, law enforcement, department, and laboratory personnel who handle sexual assault evidence under this chapter or other law shall maintain the chain of custody of the evidence from the time the evidence is collected until the time the evidence is destroyed.
SECTION 5.  Chapter 420, Government Code, is amended by adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1.  ANALYSIS OF SEXUAL ASSAULT EVIDENCE
Sec. 420.041.  APPLICABILITY OF SUBCHAPTER. This subchapter applies only to physical evidence of a sexual assault with respect to an active criminal case.
Sec. 420.042.  ANALYSIS OF SEXUAL ASSAULT EVIDENCE. (a)  A law enforcement agency that receives sexual assault evidence collected under this chapter or other law shall submit that evidence to a public accredited crime laboratory for analysis not later than the 30th day after the date on which that evidence was received.
(b)  A person who submits sexual assault evidence to a public accredited crime laboratory under this chapter or other law shall provide the following signed, written certification with each submission: "This evidence is being submitted by (name of person making submission) in connection with a criminal investigation."
(c)  If sufficient personnel and resources are available, a public accredited crime laboratory as soon as practicable shall complete its analysis of sexual assault evidence submitted under this chapter or other law.
(d)  To ensure the expeditious completion of analyses, the department and other applicable public accredited crime laboratories may contract with private accredited crime laboratories as appropriate to perform those analyses, subject to the necessary quality assurance reviews by the public accredited crime laboratories.
(e)  The failure of a law enforcement agency to submit sexual assault evidence within the period required by this section does not affect the authority of:
(1)  the agency to submit the evidence to an accredited crime laboratory for analysis; or
(2)  an accredited crime laboratory to analyze the evidence or provide the results of that analysis to appropriate persons.
Sec. 420.043.  DATABASE COMPARISON REQUIRED. On the request of any appropriate person and after an evidence collection kit containing biological evidence has been analyzed by an accredited crime laboratory and any necessary quality assurance reviews have been performed, the department shall compare the DNA profile obtained from the biological evidence with DNA profiles maintained in:
(1)  state databases, including the DNA database maintained under Subchapter G, Chapter 411, if the amount and quality of the analyzed sample meet the requirements of the state database comparison policies; and
(2)  the CODIS DNA database established by the Federal Bureau of Investigation, if the amount and quality of the analyzed sample meet the requirements of the bureau's CODIS comparison policies.
SECTION 6.  Section 420.072, Government Code, is amended to read as follows:
Sec. 420.072.  EXCEPTIONS. (a) A communication, a [or] record, or evidence that is confidential under this subchapter may be disclosed in court or in an administrative proceeding if:
(1)  the proceeding is brought by the survivor against an advocate or a sexual assault program or is a criminal proceeding or a certification revocation proceeding in which disclosure is relevant to the claims or defense of the advocate or sexual assault program; or
(2)  the survivor or other appropriate person [a person authorized to act on behalf of the survivor] consents in writing to the disclosure [release of the confidential information] as provided by Section 420.073 or 420.0735, as applicable.
(b)  A communication, a [or] record, or evidence that is confidential under this subchapter may be disclosed only to:
(1)  medical or law enforcement personnel if the advocate determines that there is a probability of imminent physical danger to any person for whom the communication, [or] record, or evidence is relevant or if there is a probability of immediate mental or emotional injury to the survivor;
(2)  a governmental agency if the disclosure is required or authorized by law;
(3)  a qualified person to the extent necessary for a management audit, financial audit, program evaluation, or research, except that a report of the research, audit, or evaluation may not directly or indirectly identify a survivor;
(4)  a person authorized to receive the disclosure as a result of [who has the] written consent obtained under [of the survivor or of a person authorized to act on the survivor's behalf as provided by] Section 420.073 or 420.0735; or
(5)  an advocate or a person under the supervision of a counseling supervisor who is participating in the evaluation or counseling of or advocacy for the survivor.
(c)  A communication, a [or] record, or evidence that is confidential under this subchapter may not be disclosed to a parent or legal guardian of a survivor who is a minor if an advocate or a sexual assault program knows or has reason to believe that the parent or legal guardian of the survivor is a suspect in the sexual assault of the survivor.
SECTION 7.  The heading to Section 420.073, Government Code, is amended to read as follows:
Sec. 420.073.  CONSENT FOR RELEASE OF CERTAIN CONFIDENTIAL INFORMATION.
SECTION 8.  Subsection (a), Section 420.073, Government Code, is amended to read as follows:
(a)  Consent for the release of confidential information other than evidence contained in an evidence collection kit must be in writing and signed by the survivor, a parent or legal guardian if the survivor is a minor, a legal guardian if the survivor has been adjudicated incompetent to manage the survivor's personal affairs, an attorney ad litem appointed for the survivor, or a personal representative if the survivor is deceased. The written consent must specify:
(1)  the information or records covered by the release;
(2)  the reason or purpose for the release; and
(3)  the person to whom the information is to be released.
SECTION 9.  Subchapter D, Chapter 420, Government Code, is amended by adding Section 420.0735 to read as follows:
Sec. 420.0735.  CONSENT FOR RELEASE OF CERTAIN EVIDENCE. (a)  Consent for the release of evidence contained in an evidence collection kit must be in writing and signed by:
(1)  the survivor, if the survivor is 14 years of age or older;
(2)  the survivor's parent or guardian or an employee of the Department of Family and Protective Services, if the survivor is younger than 14 years of age; or
(3)  the survivor's personal representative, if the survivor is deceased.
(b)  For purposes of Subsection (a)(1), a written consent signed by an incapacitated person, as that term is defined by Section 601, Texas Probate Code, is effective regardless of whether the incapacitated person's guardian, guardian ad litem, or other legal agent signs the release. If the incapacitated person is unable to provide a signature and the guardian, guardian ad litem, or other legal agent is unavailable to sign the release, then the investigating law enforcement officer may sign the release.
(c)  Consent for release under Subsection (a) applies only to evidence contained in an evidence collection kit and does not affect the confidentiality of any other confidential information under this chapter.
(d)  The written consent must specify:
(1)  the evidence covered by the release;
(2)  the reason or purpose for the release; and
(3)  the person to whom the evidence is to be released.
(e)  A survivor or other person authorized to consent may withdraw consent to the release of evidence by submitting a written notice of withdrawal to the person or program to which consent was provided. Withdrawal of consent does not affect evidence disclosed before the date written notice of the withdrawal was received.
(f)  A person who receives evidence made confidential by this chapter may not disclose the evidence except to the extent that disclosure is consistent with the authorized purposes for which the person obtained the evidence.
SECTION 10.  Section 420.074, Government Code, is amended to read as follows:
Sec. 420.074.  CRIMINAL SUBPOENA. Notwithstanding any other provision of this chapter, a person shall disclose a communication, a [or] record, or evidence that is confidential under this chapter for use in a criminal investigation or proceeding in response to a subpoena issued in accordance with law.
SECTION 11.  Section 420.075, Government Code, is amended to read as follows:
Sec. 420.075.  OFFENSE. A person commits an offense if the person intentionally or knowingly discloses a communication, a [or] record, or evidence that is confidential under this chapter, except as provided by this chapter. An offense under this section is a Class C misdemeanor.
SECTION 12.  Subsections (f) and (g), Article 56.065, Code of Criminal Procedure, are amended to read as follows:
(f)  The department, consistent with Chapter 420, Government Code, may develop procedures regarding the submission or collection of additional evidence of the alleged sexual assault other than through an examination as described by this article.
(g)  The department, consistent with Chapter 420, Government Code, shall develop procedures for the transfer and preservation of evidence collected under this article to a crime laboratory or other suitable location designated by the public safety director of the department.  The receiving entity shall preserve the evidence until the earlier of:
(1)  the second anniversary of the date the evidence was collected; or
(2)  the date on which [the victim or a legal representative of the victim signs a] written consent to release the evidence is obtained as provided by Section 420.0735, Government Code.
SECTION 13.  Subsection (e), Article 102.056, Code of Criminal Procedure, is amended to read as follows:
(e)  The legislature shall determine and appropriate the necessary amount from the criminal justice planning account to the criminal justice division of the governor's office for reimbursement in the form of grants to the Department of Public Safety of the State of Texas and other [local] law enforcement agencies for expenses incurred in performing duties imposed on those agencies under Section [Sections] 411.1471 or Subchapter B-1, Chapter 420 [and 411.1472], Government Code, as applicable. On the first day after the end of a calendar quarter, a law enforcement agency incurring expenses described by this subsection in the previous calendar quarter shall send a certified statement of the costs incurred to the criminal justice division. The criminal justice division through a grant shall reimburse the law enforcement agency for the costs not later than the 30th day after the date the certified statement is received. If the criminal justice division does not reimburse the law enforcement agency before the 90th day after the date the certified statement is received, the agency is not required to perform duties imposed under Section [Sections] 411.1471 or Subchapter B-1, Chapter 420 [and 411.1472], Government Code, as applicable, until the agency has been compensated for all costs for which the [local law enforcement] agency has submitted a certified statement under this subsection.
SECTION 14.  On or after the effective date of this Act, the Department of Public Safety of the State of Texas shall ensure that any unanalyzed sexual assault evidence that is in the possession of a law enforcement agency and that is collected:
(1)  on or after August 1, 2011, is analyzed in accordance with Chapter 420, Government Code, as amended by this Act; and
(2)  before August 1, 2011, is analyzed as nearly as possible to the time provided by Chapter 420, Government Code, as amended by this Act.
SECTION 15.  (a)  A law enforcement agency in possession of sexual assault evidence that has not been submitted for laboratory analysis shall:
(1)  not later than October 15, 2011, submit to the Department of Public Safety of the State of Texas a list of the agency's active criminal cases for which sexual assault evidence has not yet been submitted for laboratory analysis;
(2)  not later than April 1, 2012, and subject to the availability of laboratory storage space, submit, as appropriate, to the Department of Public Safety of the State of Texas or a public accredited crime laboratory, as defined by Section 420.003, Government Code, as amended by this Act, all sexual assault evidence pertaining to those active criminal cases that has not yet been submitted for laboratory analysis; and
(3)  if the law enforcement agency submits evidence under Subdivision (2) of this subsection to a laboratory other than a Department of Public Safety of the State of Texas laboratory, notify the department of:
(A)  the laboratory to which the evidence was sent; and
(B)  any analysis completed by the laboratory to which the evidence was sent and the date on which the analysis was completed.
(b)  Not later than February 15, 2013, the Department of Public Safety of the State of Texas shall submit to the governor and the appropriate standing committees of the senate and the house of representatives a report containing:
(1)  a projected timeline for the completion of laboratory analyses, in accordance with Chapter 420, Government Code, as amended by this Act, of all unanalyzed sexual assault evidence submitted under Subdivision (2), Subsection (a) of this section;
(2)  a request for any necessary funding to accomplish the analyses under Subdivision (1) of this subsection, including a request for a grant of money under Subsection (e), Article 102.056, Code of Criminal Procedure, as amended by this Act, if money is available under that subsection;
(3)  as appropriate, application materials for requests made as required by Subdivision (2) of this subsection; and
(4)  if the department determines that outsourcing of a portion of the submitted evidence is necessary for timely analyses of the evidence:
(A)  a proposal for determining which evidence should be outsourced; and
(B)  a list of laboratories the department determines are capable of completing the outsourced analyses.
(c)  Not later than September 1, 2014, and to the extent that funding is available, the Department of Public Safety of the State of Texas shall, as provided by Sections 420.042 and 420.043, Government Code, as added by this Act, analyze or contract for the analysis of, and complete the required database comparison regarding, all sexual assault evidence submitted to the department under Subdivision (2), Subsection (a) of this section.
(d)  Notwithstanding Subsection (c) of this section, the Department of Public Safety of the State of Texas is not required to use under this section in a state fiscal year any amount of money from the state highway fund that exceeds the amount the department has historically used in a state fiscal year to fund laboratory analyses of sexual assault evidence under Chapter 420, Government Code, as amended by this Act.
(e)  To supplement funding of laboratory analyses under this section, the department may solicit and receive grants, gifts, or donations of money from the federal government or private sources as described by Chapter 420, Government Code.
SECTION 16.  Notwithstanding Chapter 420, Government Code, as amended by this Act, and Section 14 of this Act, this Act does not apply to sexual assault evidence collected before September 1, 1996.
SECTION 17.  (a) Except as provided by Article 102.056(e), Code of Criminal Procedure, as amended by this Act, Section 420.007, Government Code, and Section 15(d) of this Act, state funds may not be appropriated for the purpose of implementing this Act.
(b)  Notwithstanding any other law, the Department of Public Safety of the State of Texas may not use legislative appropriations to discharge any additional duties imposed by this Act on the department.
SECTION 18.  This Act takes effect September 1, 2011.

The amendment was read.

Senator Davis moved to concur in the House amendment to SB 1636.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1209 WITH HOUSE AMENDMENT

Senator Whitmire called SB 1209 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 1209 (house committee printing) as follows:
(1)  Strike SECTION 3 of the bill, adding Section 152.0007(c), Human Resources Code (page 2, lines 20 through 25) and substitute the following:
SECTION 3.  Subchapter A, Chapter 152, Human Resources Code, is amended by adding Section 152.0015 to read as follows:
Sec. 152.0015.  PRETRIAL DETENTION POLICY FOR CERTAIN JUVENILES. A juvenile board shall establish a policy that specifies whether a person who has been transferred for criminal prosecution under Section 54.02, Family Code, and is younger than 17 years of age may be detained in a juvenile facility pending trial as provided by Section 51.12, Family Code.
(2)  In SECTION 4 of the bill, in amended Section 54.02(h), Family Code (page 3, lines 11 through 12), strike "Section 152.0007(c)" and substitute "Section 152.0015".

The amendment was read.

Senator Whitmire moved to concur in the House amendment to SB 1209.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1920 WITH HOUSE AMENDMENT

Senator Gallegos called SB 1920 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 1920 as follows:
In SECTION 2 of the bill, on page 5, line 17, insert "state or federal" between "by" and "law".

The amendment was read.

Senator Gallegos moved to concur in the House amendment to SB 1920.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 303 WITH HOUSE AMENDMENT

Senator Nichols called SB 303 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 303 (house committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Subchapter B, Chapter 281, Health and Safety Code, is amended by adding Section 281.0286 to read as follows:
Sec. 281.0286.  TARRANT COUNTY HOSPITAL DISTRICT; EMPLOYMENT OF PHYSICIANS. (a) The board of the Tarrant County Hospital District may appoint, contract for, or employ physicians as the board considers necessary for the efficient operation of the district.
(b)  The term of an employment contract entered into under this section may not exceed four years.
(c)  This section may not be construed as authorizing the board of the Tarrant County Hospital District to supervise or control the practice of medicine, as prohibited by Subtitle B, Title 3, Occupations Code.
(d)  The authority granted to the board of the Tarrant County Hospital District under Subsection (a) to employ physicians shall apply as necessary for the district to fulfill the district's statutory mandate to provide medical care for the indigent and needy residents of the district as provided by Section 281.046.
(e)  The medical executive committee of the Tarrant County Hospital District shall adopt, maintain, and enforce policies to ensure that a physician employed by the district exercises the physician's independent medical judgment in providing care to patients.
(f)  The policies adopted by the medical executive committee under this section must include:
(1)  policies relating to:
(A)  governance of the medical executive committee;
(B)  credentialing;
(C)  quality assurance;
(D)  utilization review;
(E)  peer review;
(F)  medical decision-making; and
(G)  due process; and
(2)  rules requiring the disclosure of financial conflicts of interest by a member of the medical executive committee.
(g)  The medical executive committee and the board of the Tarrant County Hospital District shall jointly develop and implement a conflict management process to resolve any conflict between a policy adopted by the medical executive committee under this section and a policy of the Tarrant County Hospital District.
(h)  A member of the medical executive committee who is a physician shall provide biennially to the chair of the medical executive committee a signed, verified statement indicating that the member of the medical executive committee:
(1)  is licensed by the Texas Medical Board;
(2)  will exercise independent medical judgment in all medical executive committee matters, including matters relating to:
(A)  credentialing;
(B)  quality assurance;
(C)  utilization review;
(D)  peer review;
(E)  medical decision-making; and
(F)  due process;
(3)  will exercise the committee member's best efforts to ensure compliance with the policies that are adopted or established by the medical executive committee; and
(4)  will report immediately to the Texas Medical Board any action or event that the committee member reasonably and in good faith believes constitutes a compromise of the independent medical judgment of a physician in caring for a patient.
(i)  For all matters relating to the practice of medicine, each physician employed by the Tarrant County Hospital District shall ultimately report to the chair of the medical executive committee for the district.

The amendment was read.

Senator Nichols moved to concur in the House amendment to SB 303.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

GUESTS PRESENTED

Senator Gallegos was recognized and introduced to the Senate students from Port Houston Elementary School, accompanied by their teachers, Sharon Perry, Maria Green, Donald Thomas, Susana Castro, and Prince Hall.

The Senate welcomed its guests.

SENATE BILL 1003 WITH HOUSE AMENDMENT

Senator Fraser called SB 1003 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Amendment

Amend SB 1003 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to penalties for, and emergency orders suspending, the operation of a rock crusher or certain concrete plants without a current permit under the Texas Clean Air Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 7.052, Water Code, is amended by amending Subsection (b) and adding Subsection (b-3) to read as follows:
(b)  Except as provided by Subsection (b-3), the [The] amount of the penalty for operating a rock crusher or a concrete plant that performs wet batching, dry batching, or central mixing, that is required to obtain a permit under Section 382.0518, Health and Safety Code, and that is operating without the required permit is $10,000. Each day that a continuing violation occurs is a separate violation.
(b-3)  If a person operating a facility as described by Subsection (b) holds any type of permit issued by the commission other than the permit required for the facility, the commission may assess a penalty under Subsection (b) or (c).
SECTION 2.  Section 5.5145, Water Code, is amended to read as follows:
Sec. 5.5145.  EMERGENCY ORDER CONCERNING OPERATION OF ROCK CRUSHER OR CONCRETE PLANT WITHOUT PERMIT. The commission may [shall] issue an emergency order under this subchapter suspending operations of a rock crusher or a concrete plant that performs wet batching, dry batching, or central mixing and is required to obtain a permit under Section 382.0518, Health and Safety Code, and is operating without the necessary permit.
SECTION 3.  The change in law made by this Act to Section 7.052, Water Code, applies only to a violation that occurs on or after the effective date of this Act. A violation that occurs before the effective date of this Act is governed by the law in effect on the date the violation occurred, and the former law is continued in effect for that purpose.
SECTION 4.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.

The amendment was read.

Senator Fraser moved to concur in the House amendment to SB 1003.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 480 WITH HOUSE AMENDMENT

Senator Hegar called SB 480 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Committee Amendment No. 1

Amend SB 480 by adding appropriately numbered sections to read as follows:
SECTION ____.  Chapter 29, Government Code, is amended by adding Subchapter A-1 to read as follows:
SUBCHAPTER A-1. RECUSAL OR DISQUALIFICATION OF MUNICIPAL JUDGES
Sec. 29.051.  DEFINITIONS. In this chapter:
(1)  "Active judge" means a person who holds office as a district court judge or statutory county court judge.
(2)  "Presiding judge" means the presiding judge of a municipal court, including a municipal court of record.
(3)  "Regional presiding judge" means the presiding judge of the administrative judicial region appointed under Section 74.005.
Sec. 29.052.  MOTION FOR RECUSAL OR DISQUALIFICATION. (a) A party in a hearing or trial in a municipal court, including a municipal court of record, may file with the clerk of the court a motion stating grounds for the recusal or disqualification of the municipal judge. The grounds may include any disability of the judge to preside over the case.
(b)  A motion for the recusal or disqualification of a municipal judge must:
(1)  be filed at least 10 days before the date of the hearing or trial, except as provided by Subsection (c);
(2)  be verified; and
(3)  state with particularity the alleged grounds for recusal or disqualification of the judge based on:
(A)  personal knowledge that is supported by admissible evidence; or
(B)  specifically stated grounds for belief of the allegations.
(c)  A motion for recusal or disqualification must be filed at the earliest practicable time before the beginning of the trial or other hearing if a judge is assigned to a case 10 or fewer days before the date set for a trial or hearing.
Sec. 29.053.  NOTICE. A party filing a motion for recusal or disqualification under this subchapter shall serve on all other parties or their counsel:
(1)  copies of the motion; and
(2)  notice that the movant expects the motion to be presented to the judge three days after the filing of the motion unless the judge orders otherwise.
Sec. 29.054.  STATEMENT OPPOSING OR CONCURRING WITH MOTION. A party may file with the clerk of the court a statement opposing or concurring with a motion for recusal or disqualification at any time before the motion is heard.
Sec. 29.055.  PROCEDURE FOLLOWING FILING OF MOTION; RECUSAL OR DISQUALIFICATION WITHOUT MOTION. (a) Before further proceedings in a case in which a motion for the recusal or disqualification of a municipal judge has been filed, the judge shall:
(1)  recuse or disqualify himself or herself; or
(2)  request the regional presiding judge to assign a judge to hear the motion.
(b)  A municipal judge who with or without a motion recuses or disqualifies himself or herself:
(1)  shall enter an order of recusal or disqualification and:
(A)  if the municipal judge is not the presiding judge, request the presiding judge to assign any other judge of the municipal court, including the presiding judge, to hear the case;
(B)  if the municipal judge is the presiding judge, request the regional presiding judge to assign another judge of the municipal court to hear the case; or
(C)  if the municipal judge serves in a municipality with only one municipal judge, request the regional presiding judge to assign a judge of another municipal court in the county to hear the case; and
(2)  may not take other action in the case, except that a judge who recuses himself or herself for good cause may take other action as stated in the order in which the action is taken.
(c)  A municipal judge who does not recuse or disqualify himself or herself:
(1)  shall forward, in original form or certified copy, an order of referral, the motion, and all opposing and concurring statements to the regional presiding judge; and
(2)  may not take other action in the case during the time after the filing of the motion for recusal or disqualification and before a hearing on the motion, except for good cause stated in the order in which the action is taken.
Sec. 29.056.  HEARING ON MOTION. (a) A regional presiding judge who receives a request for the assignment of a judge to hear a motion to recuse or disqualify shall:
(1)  immediately set a hearing before the regional presiding judge, an active judge, or a judge on the list of judges who are eligible to serve on assignment under Section 74.055;
(2)  cause notice of the hearing to be given to all parties or their counsel; and
(3)  make any other orders, including orders on interim or ancillary relief in the pending cause as justice may require.
(b)  A judge who hears a motion for recusal or disqualification under Subsection (a) may also hear any amended or supplemented motion for recusal or disqualification filed in the case.
(c)  If none of the parties to an action object, a hearing under Subsection (a) or (b) may be conducted by telephone.
Sec. 29.057.  PROCEDURE FOLLOWING GRANTING OF MOTION. (a) If a motion for recusal or disqualification is granted after a hearing is conducted as provided by Section 29.056, the judge who heard the motion shall enter an order of recusal or disqualification, and:
(1)  if the judge who was the subject of the motion is not the presiding judge, request that the presiding judge assign any other judge of the municipality, including the presiding judge, to hear the case;
(2)  if the judge who was the subject of the motion is the presiding judge, request the regional presiding judge to assign another judge of the municipality to hear the case; or
(3)  if the judge subject to recusal or disqualification is located in a municipality with only one municipal judge, request the regional presiding judge to assign a judge of another municipal court in the county to hear the case.
(b)  If the presiding judge is unable to assign a judge of the municipality to hear a case when a municipal judge is recused or disqualified under Section 29.055 or 29.056 because there are not any other municipal judges in the municipality or because all the municipal judges have been recused or disqualified or are otherwise unavailable to hear the case, the presiding judge shall request the regional presiding judge to first assign a municipal judge from another municipality in the county or, if necessary, assign a municipal judge from a municipality in an adjacent county to hear the case.
(c)  If the regional presiding judge is unable to assign a judge to hear a case when a municipal judge is recused or disqualified under Section 29.055 or 29.056 because there are not any other municipal judges in the county or because all the municipal judges have been recused or disqualified or are otherwise unavailable to hear the case, the regional presiding judge may assign a municipal judge from a municipality in an adjacent county to hear the case.
Sec. 29.058.  APPEAL. (a) After a municipal court of record has rendered a final judgment in a case, a party may appeal an order that denies a motion for recusal or disqualification as an abuse of the court's discretion.
(b)  A party may not appeal an order that grants a motion for recusal or disqualification.
Sec. 29.059.  CONTEMPT. If a party files a motion to recuse or disqualify under this subchapter and it is determined by the judge hearing the motion, at the hearing and on motion of the opposing party, that the motion to recuse or disqualify is brought solely for the purpose of delay and without sufficient cause, the judge may in the interest of justice find the party filing the motion in contempt under Section 21.002(c).
Sec. 29.060.  COMPENSATION. (a) An active judge who is assigned to hear a motion to recuse or disqualify a municipal judge under this subchapter is not entitled to additional compensation other than travel expenses. A judge assigned to hear a motion to recuse or disqualify who is not an active judge is entitled to:
(1)  compensation of $450 per day of service, prorated for any day for which the judge provides less than a full day of service; and
(2)  travel expenses.
(b)  A municipal judge assigned under this subchapter to hear a case in a court other than the one in which the judge resides or serves is entitled to compensation provided by law for judges in similar cases and travel expenses.
(c)  The municipality in which a case subject to this subchapter is pending shall pay the compensation and travel expenses due or incurred under this subchapter.
SECTION ____.  Subchapter A, Chapter 29, Government Code, is amended by adding Section 29.013 to read as follows:
Sec. 29.013.  REPORT TO TEXAS JUDICIAL COUNCIL. (a) The secretary of the municipality in a municipality with a municipal court, including a municipal court of record, or the employee responsible for maintaining the records of the municipality's governing body shall notify the Texas Judicial Council of the name of:
(1)  each person who is elected or appointed as mayor, municipal court judge, or clerk of a municipal court; and
(2)  each person who vacates an office described by Subdivision (1).
(b)  The secretary or employee shall notify the judicial council not later than the 30th day after the date of the person's election or appointment to office or vacancy from office.
SECTION ____.  The following sections are repealed:
(1)  Section 29.012, Government Code; and
(2)  Section 22.073(c), Local Government Code.
SECTION ____.  Subchapter A-1, Chapter 29, Government Code, as added by this Act, applies only to a hearing or trial initially filed in a municipal court on or after the effective date of this Act.

The amendment was read.

Senator Hegar moved to concur in the House amendment to SB 480.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 809 WITH HOUSE AMENDMENT

Senator Seliger called SB 809 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 809 (house committee printing) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Section 413.031(k-1), Labor Code, is amended to read as follows:
(k-1)  A party who has exhausted all administrative remedies described by [under] Subsection (k) and who is aggrieved by a final decision of the division or the State Office of Administrative Hearings may seek judicial review of the decision. Judicial review under this subsection shall be conducted in the manner provided for judicial review of a contested case under Subchapter G, Chapter 2001, Government Code, except that in the case of a medical fee dispute the party seeking judicial review under this section must file suit not later than the 45th day after the date on which the State Office of Administrative Hearings mailed the party the notification of the decision. For purposes of this subsection, the mailing date is considered to be the fifth day after the date the decision was issued by the State Office of Administrative Hearings.
SECTION ____.  Section 1305.103(c), Insurance Code, is amended to read as follows:
(c)  An employee who lives within the service area of a network and who is being treated by a non-network provider for an injury that occurred before the employer's insurance carrier established or contracted with the network, shall select a network treating doctor on notification by the carrier that health care services are being provided through the network.  The carrier shall provide to the employee all information required by Section 1305.451.  If the employee fails to select a treating doctor on or before the 14th day after the date of receipt of the information required by Section 1305.451, the network may assign the employee a network treating doctor. An issue regarding whether a carrier properly provided an employee the information required by this subsection may be resolved using the process for adjudication of disputes under Chapter 410, Labor Code, as used by the department's division of workers' compensation.
SECTION ____.  Section 1305.451, Insurance Code, is amended by adding Subsection (e) to read as follows:
(e)  An issue regarding whether an employer properly provided an employee with the information required by this section may be resolved using the process for adjudication of disputes under Chapter 410, Labor Code, as used by the department's division of workers' compensation.

The amendment was read.

Senator Seliger moved to concur in the House amendment to SB 809.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 322 WITH HOUSE AMENDMENT

Senator Carona called SB 322 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 322 by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Subchapter A, Chapter 2502, Insurance Code, is amended by adding Section 2502.006 to read as follows:
Sec. 2502.006.  CERTAIN EXTRA HAZARDOUS COVERAGES PROHIBITED. (a)  A title insurance company may not insure against loss or damage sustained by reason of any claim that under federal bankruptcy, state insolvency, or similar creditor's rights laws the transaction vesting title in the insured as shown in the policy or creating the lien of the insured mortgage is:
(1)  a preference or preferential transfer under 11 U.S.C. Section 547;
(2)  a fraudulent transfer under 11 U.S.C. Section 548;
(3)  a transfer that is fraudulent as to present and future creditors under Section 24.005, Business & Commerce Code, or a similar law of another state; or
(4)  a transfer that is fraudulent as to present creditors under Section 24.006, Business & Commerce Code, or a similar law of another state.
(b)  The commissioner may by rule designate coverages that violate this section. It is not a defense against a claim that a title insurance company has violated this section that the commissioner has not adopted a rule under this subsection.
(c)  Title insurance issued in or on a form prescribed by the commissioner shall be considered to comply with this section.
(d)  Nothing in this section prohibits title insurance with respect to liens, encumbrances, or other defects to title to land that:
(1)  appear in the public records before the date on which the contract of title insurance is made;
(2)  occur or result from transactions before the transaction vesting title in the insured or creating the lien of the insured mortgage; or
(3)  result from failure to timely perfect or record any instrument before the date on which the contract of title insurance is made.
(e)  A title insurance company may not engage in the business of title insurance in this state if the title insurance company provides insurance of the type prohibited by Subsection (a) anywhere in the United States, except to the extent that the laws of another state require the title insurance company to provide that type of insurance.
SECTION ____.  Section 2502.006, Insurance Code, as added by this Act, applies only to an insurance policy that is delivered, issued for delivery, or renewed on or after January 1, 2012. A policy delivered, issued for delivery, or renewed before January 1, 2012, is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.

The amendment was read.

Senator Carona moved to concur in the House amendment to SB 322.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 993 WITH HOUSE AMENDMENT

Senator Uresti called SB 993 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 993 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering the remaining SECTIONS of the bill accordingly:
SECTION ____.  Subchapter B, Chapter 262, Family Code, is amended by adding Section 262.1095 to read as follows:
Sec. 262.1095.  INFORMATION PROVIDED TO RELATIVES AND CERTAIN INDIVIDUALS; INVESTIGATION. (a) When the Department of Family and Protective Services or another agency takes possession of a child under this chapter, the department:
(1)  shall provide information as prescribed by this section to each adult the department is able to identify and locate who:
(A)  is related to the child within the third degree by consanguinity as determined under Chapter 573, Government Code, or is an adult relative of the alleged father of the child who the department determines is most likely to be the child's biological father; and
(B)  is identified as a potential relative or designated caregiver, as defined by Section 264.751, on the proposed child placement resources form provided under Section 261.307; and
(2)  may provide information as prescribed by this section to each adult the department is able to identify and locate who has a long-standing and significant relationship with the child.
(b)  The information provided under Subsection (a) must:
(1)  state that the child has been removed from the child's home and is in the temporary managing conservatorship of the department;
(2)  explain the options available to the individual to participate in the care and placement of the child and the support of the child's family;
(3)  state that some options available to the individual may be lost if the individual fails to respond in a timely manner; and
(4)  include, if applicable, the date, time, and location of the hearing under Subchapter C, Chapter 263.
(c)  The department is not required to provide information to an individual if the individual has received service of citation under Section 102.009 or if the department determines providing information is inappropriate because the individual has a criminal history or a history of family violence.
(d)  The department shall use due diligence to identify and locate all individuals described by Subsection (a) not later than the 30th day after the date the department files a suit affecting the parent-child relationship. In order to identify and locate the individuals described by Subsection (a), the department shall seek information from:
(1)  each parent, relative, and alleged father of the child; and
(2)  the child in an age-appropriate manner.
(e)  The failure of a parent or alleged father of the child to complete the proposed child placement resources form does not relieve the department of its duty to seek information about the person under Subsection (d).
SECTION ____.  Subchapter A, Chapter 263, Family Code, is amended by adding Section 263.007 to read as follows:
Sec. 263.007.  REPORT REGARDING NOTIFICATION OF RELATIVES. Not later than the 10th day before the date set for a hearing under Subchapter C, the department shall file with the court a report regarding:
(1)  the efforts the department made to identify, locate, and provide information to the individuals described by Section 262.1095;
(2)  the name of each individual the department identified, located, or provided with information; and
(3)  if applicable, an explanation of why the department was unable to identify, locate, or provide information to an individual described by Section 262.1095.
SECTION ____.  The heading to Section 263.105, Family Code, is amended to read as follows:
Sec. 263.105.  REVIEW OF SERVICE PLAN; MODIFICATION.
SECTION ____.  Section 263.105, Family Code, is amended by adding Subsection (c) to read as follows:
(c)  The court may modify an original or amended service plan at any time.
SECTION ____.  Section 263.201(b), Family Code, is amended to read as follows:
(b)  A status hearing is not required if the court holds an initial permanency hearing under Section 262.2015 and makes findings required by Section 263.202 before the date a status hearing is required by this section.
SECTION ____.  Section 263.202, Family Code, is amended by amending Subsections (a) and (b) and adding Subsections (b-1), (f), (g), and (h) to read as follows:
(a)  If all persons [parties] entitled to citation and notice of a status hearing under this chapter were not served, the court shall make findings as to whether:
(1)  the department or other agency has exercised due diligence to locate all necessary persons, including an alleged father of the child, regardless of whether the alleged father is registered with the registry of paternity under Section 160.402; and
(2)  the child and each [custodial] parent, alleged father, or relative of the child before the court have [has] furnished to the department all available information necessary to locate an [another] absent parent, alleged father, or relative of the child through exercise of due diligence.
(b)  Except as otherwise provided by this subchapter [Subsection (e)], a status hearing shall be limited to matters related to the contents and execution of the service plan filed with the court. The court shall review the service plan that the department or other agency filed under this chapter for reasonableness, accuracy, and compliance with requirements of court orders and make findings as to whether:
(1)  a plan that has the goal of returning the child to the child's parents adequately ensures that reasonable efforts are made to enable the child's parents to provide a safe environment for the child; [and]
(2)  the child's parents have reviewed and understand the [service] plan and have been advised that unless the parents are willing and able to provide the child with a safe environment, even with the assistance of a service plan, within the reasonable period of time specified in the plan, the parents' parental and custodial duties and rights may be subject to restriction or to termination under this code or the child may not be returned to the parents;
(3)  the plan is reasonably tailored to address any specific issues identified by the department or other agency; and
(4)  the child's parents and the representative of the department or other agency have signed the plan.
(b-1)  After reviewing the service plan and making any necessary modifications, the court shall incorporate the service plan into the orders of the court and may render additional appropriate orders to implement or require compliance with the plan.
(f)  The court shall review the report filed by the department under Section 263.007 and inquire into the sufficiency of the department's efforts to identify, locate, and provide information to each adult described by Section 262.1095(a). The court shall order the department to make further efforts to identify, locate, and provide information to each adult described by Section 262.1095(a) if the court determines that the department's efforts have not been sufficient.
(g)  The court shall give the child's parents an opportunity to comment on the service plan.
(h)  If a proposed child placement resources form as described by Section 261.307 has not been submitted, the court shall require each parent, alleged father, or other person to whom the department is required to provide a form to submit a completed form.
SECTION ____.  Subchapter C, Chapter 263, Family Code, is amended by adding Section 263.203 to read as follows:
Sec. 263.203.  APPOINTMENT OF ATTORNEY AD LITEM; ADMONISHMENTS. (a) The court shall advise the parties of the provisions regarding the mandatory appointment of an attorney ad litem under Subchapter A, Chapter 107, and shall appoint an attorney ad litem to represent the interests of any person eligible if the appointment is required by that subchapter.
(b)  The court shall advise the parties that progress under the service plan will be reviewed at all subsequent hearings, including a review of whether the parties have acquired or learned any specific skills or knowledge stated in the plan.
SECTION ____.  Sections 263.202(c) and (d), Family Code, are repealed.
SECTION ____.  The changes in law made by this Act to Chapters 262 and 263, Family Code, apply only to a child taken into possession by the Department of Family and Protective Services or another agency on or after the effective date of this Act. A child taken into possession before that date is governed by the law in effect on the date the child is taken into possession, and the former law is continued in effect for that purpose.

The amendment was read.

Senator Uresti moved to concur in the House amendment to SB 993.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 594 WITH HOUSE AMENDMENT

Senator Van de Putte called SB 594 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 594 (house committee printing) as follows:
(1)  In the recital to SECTION 1 of the bill (page 1, line 6), strike "and (k)" and substitute "(k), and (q)".
(2)  In SECTION 1 of the bill, strike Section 481.074(b)(2), Health and Safety Code (page 1, line 21, through page 2, line 5), and substitute the following:
(2)  if the person is not a prescribing practitioner or a pharmacist, promptly write the oral or telephonically communicated prescription and include in the written record of the prescription the name, address, [department registration number,] and Federal Drug Enforcement Administration number issued for prescribing a controlled substance in this state of the prescribing practitioner, all information required to be provided by a practitioner under Section 481.075(e)(1), and all information required to be provided by a dispensing pharmacist under Section 481.075(e)(2).
(3)  In SECTION 1 of the bill, strike Sections 481.074(k)(7), (8), and (9), Health and Safety Code (page 6, line 21, through page 7, line 2), and substitute the following:
(7)  the [legibly printed or stamped] name, address, Federal Drug Enforcement Administration [registration] number, and telephone number of the practitioner at the practitioner's usual place of business, which must be legibly printed or stamped on a written prescription; and
(8)  if the prescription is handwritten, the signature of the prescribing practitioner[; and
[(9)     if the prescribing practitioner is licensed in this state, the practitioner's department registration number].
(4)  In SECTION 1 of the bill, after amended Section 481.074(k), Health and Safety Code (page 7, between lines 2 and 3), insert the following:
(q)  Each dispensing pharmacist shall send all information required by the director, including any information required to complete the Schedule III through V prescription forms, to the director by electronic transfer or another form approved by the director not later than the seventh [15th] day after the date [last day of the month in which] the prescription is completely filled.
(5)  In SECTION 2 of the bill, strike Section 481.075(e)(1)(E), Health and Safety Code (page 8, lines 1-3), and substitute the following:
(E)  the practitioner's name, address, [department registration number,] and Federal Drug Enforcement Administration number issued for prescribing a controlled substance in this state;
(6)  In SECTION 2 of the bill, strike Section 481.075(i)(3), Health and Safety Code (page 10, lines 2-7), and substitute the following:
(3)  send all information required by the director, including any information required to complete an official prescription form or electronic prescription record, to the director by electronic transfer or another form approved by the director not later than the seventh [15th] day after the date [last day of the month in which] the prescription is completely filled.
(7)  Add the following appropriately numbered SECTIONS to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____.  Section 481.061, Health and Safety Code, is amended by adding Subsection (d) to read as follows:
(d)  A person shall provide the department with the person's Federal Drug Enforcement Administration number not later than the 45th day after the director issues a registration to the person under this subchapter.
SECTION ____.  Subsections (a) and (i), Section 481.076, Health and Safety Code, are amended to read as follows:
(a)  The director may not permit any person to have access to information submitted to the director under Section 481.074(q) or 481.075 except:
(1)  an investigator for the Texas Medical Board, the Texas State Board of Podiatric Medical Examiners, the State Board of Dental Examiners, the State Board of Veterinary Medical Examiners, the Texas Board of Nursing, or the Texas State Board of Pharmacy;
(2)  an authorized officer or member of the department engaged in the administration, investigation, or enforcement of this chapter or another law governing illicit drugs in this state or another state; or
(3)  if the director finds that proper need has been shown to the director:
(A)  a law enforcement or prosecutorial official engaged in the administration, investigation, or enforcement of this chapter or another law governing illicit drugs in this state or another state;
(B)  a pharmacist or practitioner who is a physician, dentist, veterinarian, podiatrist, or advanced practice nurse or physician assistant described by Section 481.002(39)(D) and is inquiring about a recent Schedule II, III, IV, or V prescription history of a particular patient of the practitioner; or
(C)  a pharmacist or practitioner who is inquiring about the person's own dispensing or prescribing activity.
(i)  Information submitted to the director under Section 481.074(q) or 481.075 is confidential and remains confidential regardless of whether the director permits access to the information under this section.
SECTION ____.  Notwithstanding Section 481.061, Health and Safety Code, as amended by this Act, a person who holds a valid registration under Subchapter C, Chapter 481, Health and Safety Code, on the effective date of this Act is not required to submit the person's Federal Drug Enforcement Administration number to the Department of Public Safety of the State of Texas before October 15, 2011.

The amendment was read.

Senator Van de Putte moved to concur in the House amendment to SB 594.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1196 WITH HOUSE AMENDMENT

Senator Rodriguez called SB 1196 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Committee Amendment No. 1

Amend SB 1196 (senate engrossed version) as follows:
(1)  Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____.  Subpart E, Part 2, Chapter XIII, Texas Probate Code, is amended by adding Section 652 to read as follows:
Sec. 652.  LOCATION OF HEARING. (a) Except as provided by Subsection (b) of this section, the judge may hold a hearing on a guardianship matter involving an adult ward or adult proposed ward at any suitable location in the county in which the guardianship matter is pending. The hearing should be held in a physical setting that is not likely to have a harmful effect on the ward or proposed ward.
(b)  On the request of the adult proposed ward, the adult ward, or the attorney of the proposed ward or ward, the hearing may not be held under the authority of this section at a place other than the courthouse.
(2)  Immediately following SECTION 42(b) of the bill (page 32, between lines 5 and 6), insert the following appropriately lettered subsection and reletter subsequent subsections of SECTION 42 accordingly:
(____)  Section 652, Texas Probate Code, as added by this Act, applies to a guardianship matter that is pending or commenced on or after the effective date of this Act.

The amendment was read.

Senator Rodriguez moved to concur in the House amendment to SB 1196.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1605 WITH HOUSE AMENDMENTS

Senator Seliger called SB 1605 from the President's table for consideration of the House amendments to the bill.

The President Pro Tempore laid the bill and the House amendments before the Senate.

Amendment

Amend SB 1605 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the Texas Low-Level Radioactive Waste Disposal Compact Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 401.248, Health and Safety Code, is amended by adding Subsection (e) to read as follows:
(e)  The compact waste disposal facility license holder may not accept compact waste at the compact waste disposal facility unless the compact commission established by the compact under Section 403.006 has adopted bylaws necessary to carry out the terms of the compact.
SECTION 2.  Chapter 403, Health and Safety Code, is amended by adding Section 403.0005 to read as follows:
Sec. 403.0005.  DEFINITIONS. In this chapter:
(1)  "Commission" means the commission established by Article III of the Texas Low-Level Radioactive Waste Disposal Compact.
(2)  "Host state commissioner" means a person who is appointed from this state to serve on the commission under this chapter.
SECTION 3.  Sections 403.002 and 403.004, Health and Safety Code, are amended to read as follows:
Sec. 403.002.  TERMS OF COMMISSION MEMBERS; VACANCY. Host [A host] state commissioners serve staggered six-year terms, with the terms of two host state commissioners expiring on February 1 of each even-numbered year. A host state commissioner serves [for a term of six years and] until a successor is appointed and qualified. A vacancy in the office of host state commissioner is filled for the unexpired term by appointment of the governor.
Sec. 403.004.  COMPENSATION. A host state commissioner is not entitled to compensation for performing the duties of host state commissioner but is entitled to reimbursement for actual and necessary expenses incurred in the performance of the duties of host state commissioner.
SECTION 4.  Chapter 403, Health and Safety Code, is amended by adding Sections 403.0051, 403.0052, 403.0053, 403.0054, and 403.0055 to read as follows:
Sec. 403.0051.  COMMISSION AS INDEPENDENT ENTITY. (a) The commission is an independent entity and not a program, department, or other division of, or administratively attached to, the Texas Commission on Environmental Quality.
(b)  Money for the commission may not be appropriated as part of an appropriation for the Texas Commission on Environmental Quality.
Sec. 403.0052.  BIENNIAL REPORTS TO LEGISLATURE. On or before December 1 of each even-numbered year, the commission shall file with the governor and the appropriate legislative committees a written report that includes:
(1)  a statement of the activities of the commission during the preceding fiscal biennium;
(2)  the commission's recommendations for necessary and desirable legislation; and
(3)  an accounting of all funds received and disbursed by the commission during the preceding biennium.
Sec. 403.0053.  ATTORNEY GENERAL TO REPRESENT COMMISSION. The attorney general shall represent the commission under this chapter in all matters before the state courts and any court of the United States.
Sec. 403.0054.  APPLICABILITY OF SUNSET ACT. (a)  The commission is subject to review under Chapter 325, Government Code (Texas Sunset Act), as if it were a state agency subject to review under that chapter, but may not be abolished under that chapter.
(b)  The commission shall be reviewed during each period in which the Texas Commission on Environmental Quality is reviewed.
(c)  The commission shall pay the cost incurred by the Sunset Advisory Commission in performing a review of the commission under this section. The Sunset Advisory Commission shall determine the cost, and the commission shall pay the amount promptly on receipt of a statement from the Sunset Advisory Commission detailing the cost.
Sec. 403.0055.  AUDIT. The commission is subject to audit by the state auditor in accordance with Chapter 321, Government Code.
SECTION 5.  The term of office of a person serving as a host state commissioner of the Texas Low-Level Radioactive Waste Disposal Compact Commission on the effective date of this Act expires February 1, 2012. To begin the staggering of terms, the governor shall appoint host state commissioners, in accordance with the provisions of Section 403.002, Health and Safety Code, as amended by this Act, as follows:
(1)  two host state commissioners to terms expiring February 1, 2014;
(2)  two host state commissioners to terms expiring February 1, 2016; and
(3)  two host state commissioners to terms expiring February 1, 2018.
SECTION 6.  This Act takes effect September 1, 2011.

Floor Amendment No. 1

Amend CSSB 1605 (house committee report) as follows:
(1)  In Section 3 of the bill, in amended Section 403.002, Health and Safety Code (page 2, lines 1-2), strike "February 1 of each even-numbered year" and substitute "September 1 of each odd-numbered year".
(2)  In Section 5 of the bill (page 3, line 24), strike "February 1, 2012" and substitute "on that date".
(3)  In Section 5(1) of the bill (page 4, line 2), strike "February 1, 2014" and substitute "September 1, 2013".
(4)  In Section 5(2) of the bill (page 4, line 4), strike "February 1, 2016" and substitute "September 1, 2015".
(5)  In Section 5(3) of the bill (page 4, line 6), strike "February 1, 2018" and substitute "September 1, 2017".

The amendments were read.

Senator Seliger moved to concur in the House amendments to SB 1605.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 736 WITH HOUSE AMENDMENT

Senator Hinojosa called SB 736 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Amendment

Amend SB 736 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to membership of local school health advisory councils.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 28.004(d), Education Code, is amended to read as follows:
(d)  The board of trustees shall appoint at least five members to the local school health advisory council. A majority of the members must be persons who are parents of students enrolled in the district and who are not employed by the district. One of those members shall serve as chair or co-chair of the council. The board of trustees also may appoint one or more persons from each of the following groups or a representative from a group other than a group specified under this subsection:
(1)  public school teachers;
(2)  public school administrators;
(3)  district students;
(4)  health care professionals;
(5)  the business community;
(6)  law enforcement;
(7)  senior citizens;
(8)  the clergy; [and]
(9)  nonprofit health organizations; and
(10)  local domestic violence programs.
SECTION 2.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.

The amendment was read.

Senator Hinojosa moved to concur in the House amendment to SB 736.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 731 WITH HOUSE AMENDMENT

Senator Nichols called SB 731 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Amendment

Amend SB 731 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the attorney general's legal sufficiency review of a comprehensive development agreement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 371.051, Transportation Code, is amended to read as follows:
Sec. 371.051.  ATTORNEY GENERAL REVIEW AND EXAMINATION FEE. (a) A toll project entity may not enter into a comprehensive development agreement unless the attorney general reviews the proposed agreement and determines that it is legally sufficient.
(b)  A toll project entity shall pay a nonrefundable examination fee to the attorney general on submitting a proposed comprehensive development agreement for review. At the time the examination fee is paid, the toll project entity shall also submit for review a complete transcript of proceedings related to the comprehensive development agreement.
(c)  If the toll project entity submits multiple proposed comprehensive development agreements relating to the same toll project for review, the entity shall pay the examination fee under Subsection (b) for each proposed comprehensive development agreement.
(d)  The attorney general shall provide a legal sufficiency determination not later than the 60th business day after the date the examination fee and transcript of the proceedings required under Subsection (b) are received. If the attorney general cannot provide a legal sufficiency determination within the 60-business-day period, the attorney general shall notify the toll project entity in writing of the reason for the delay and may extend the review period for not more than 30 business days.
(e)  After the attorney general issues a legal sufficiency determination, a toll project entity may supplement the transcript of proceedings or amend the comprehensive development agreement to facilitate a redetermination by the attorney general of the prior legal sufficiency determination issued under this section.
(f)  The toll project entity may collect or seek reimbursement of the examination fee under Subsection (b) from the private participant.
(g)  The attorney general by rule shall set the examination fee required under Subsection (b) in a reasonable amount and may adopt other rules as necessary to implement this section. The fee may not be set in an amount that is determined by a percentage of the cost of the toll project. The amount of the fee may not exceed reasonable attorney's fees charged for similar legal services in the private sector.
SECTION 2.  The requirements of Section 371.051, Transportation Code, as amended by this Act, apply only to a comprehensive development agreement submitted to the office of the attorney general on or after the effective date of this Act.
SECTION 3.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.

The amendment was read.

Senator Nichols moved to concur in the House amendment to SB 731.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 425 WITH HOUSE AMENDMENTS

Senator Carona called SB 425 from the President's table for consideration of the House amendments to the bill.

Senator Carona temporarily withdrew further consideration of the House amendments to SB 425.

REMARKS ORDERED PRINTED

On motion of Senator Watson and by unanimous consent, the exchange between Senators Carona and Watson regarding SB 425 was ordered reduced to writing and printed in the Senate Journal as follows:

Senator Watson:  Cities often need to look at a contractor's actual insurance policy or at endorsements reflecting special coverages like additional insured or waiver of subrogation. Would Section 1811.155 of this bill prevent them from doing that?

Senator Carona:  No, cities could continue to look at actual insurance policies.

Senator Watson:  Cities often have language in their construction contracts that requires the contractor to defend and indemnify them for claims alleging that they are jointly negligent with the contractor. Would the language in Section 1811.154 mean that insurance would no longer cover this type of contractual liability?

Senator Carona:  No, this bill does not affect terms of the policy.

Senator Watson:  Is it your intent to ask the Texas Department of Insurance to make this clear in their rulemaking?

Senator Carona:  We have visited with TDI at length about this bill and we are in agreement with these issues.

SENATE BILL 425 WITH HOUSE AMENDMENTS

Senator Carona again called SB 425 from the President's table for consideration of the House amendments to the bill.

The President Pro Tempore laid the bill and the House amendments before the Senate.

Amendment

Amend SB 425 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to property and casualty certificates of insurance and approval of property and casualty certificate of insurance forms by the Texas Department of Insurance; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subtitle A, Title 10, Insurance Code, is amended by adding Chapter 1811 to read as follows:
CHAPTER 1811. CERTIFICATES OF PROPERTY AND CASUALTY INSURANCE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1811.001.  DEFINITIONS. In this chapter:
(1)  "Agent" means a person required to hold a license as a property and casualty agent or surplus lines agent.
(2)  "Certificate holder" means a person, other than a policyholder:
(A)  who is designated on a certificate of insurance as a certificate holder; or
(B)  to whom a certificate of insurance has been issued by an insurer or agent at the request of the policyholder.
(3)  "Certificate of insurance" means a document, instrument, or record, including an electronic record, no matter how titled or described, that is executed by an insurer or agent and issued to a third person not a party to the subject insurance contract, as a statement or summary of property or casualty insurance coverage. The term does not include an insurance binder or policy form.
(4)  "Electronic record" has the meaning assigned by Section 322.002, Business & Commerce Code.
(5)  "Insurance" means an insurance contract for property or casualty insurance.
(6)  "Insurer" means a company or insurance carrier that is engaged in the business of making property or casualty insurance contracts. The term includes:
(A)  a stock fire or casualty insurance company;
(B)  a mutual fire or casualty insurance company;
(C)  a Mexican casualty insurance company;
(D)  a Lloyd's plan;
(E)  a reciprocal or interinsurance exchange;
(F)  a county mutual insurance company;
(G)  a farm mutual insurance company;
(H)  a risk retention group;
(I)  the Medical Liability Insurance Joint Underwriting Association under Chapter 2203;
(J)  the Texas Windstorm Insurance Association under Chapter 2210;
(K)  the FAIR Plan Association under Chapter 2211;
(L)  an eligible surplus lines insurer; and
(M)  any other insurer authorized to write property or casualty insurance in this state.
(7)  "Lender" has the meaning assigned by Section 549.001.
(8)  "Person" means:
(A)  an individual; or
(B)  a partnership, corporation, limited liability company, association, trust, or other legal entity, including an insurer or a political subdivision or agency of this state.
(9)  "Policyholder" means a person who has contracted with a property or casualty insurer for insurance coverage.
(10)  "Record" has the meaning assigned by Section 322.002, Business & Commerce Code.
Sec. 1811.002.  APPLICABILITY. (a) This chapter applies to a certificate holder, policyholder, insurer, or agent with regard to a certificate of insurance issued on property or casualty operations or a risk located in this state, regardless of where the certificate holder, policyholder, insurer, or agent is located.
(b)  This chapter may not be construed to apply to:
(1)  a statement, summary, or evidence of property insurance required by a lender in a lending transaction involving:
(A)  a mortgage;
(B)  a lien;
(C)  a deed of trust; or
(D)  any other security interest in real or personal property as security for a loan;
(2)  a certificate issued under:
(A)  a group or individual policy for:
(i)  life insurance;
(ii)  credit insurance;
(iii)  accident and health insurance;
(iv)  long-term care benefit insurance; or
(v)  Medicare supplement insurance; or
(B)  an annuity contract; or
(3)  standard proof of motor vehicle liability insurance under Section 601.081, Transportation Code.
Sec. 1811.003.  RULES. The commissioner may adopt rules as necessary or proper to accomplish the purposes of this chapter.
Sec. 1811.004.  FILING FEE. (a) The department may collect a fee in an amount determined by the commissioner for the filing of a new or amended certificate of insurance form under this chapter.
(b)  The fee may not exceed $100.
(c)  A fee collected under this section shall be deposited to the credit of the Texas Department of Insurance operating account.
[Sections 1811.005-1811.050 reserved for expansion]
SUBCHAPTER B. PROHIBITED ACTS AND PRACTICES
Sec. 1811.051.  ALTERING, AMENDING, OR EXTENDING THE TERMS OF AN INSURANCE POLICY; CONTRACTUAL RIGHTS OF CERTIFICATE HOLDER. (a) A property or casualty insurer or agent may not issue a certificate of insurance or any other type of document purporting to be a certificate of insurance if the certificate or document alters, amends, or extends the coverage or terms and conditions provided by the insurance policy referenced on the certificate or document.
(b)  A certificate of insurance or any other type of document may not convey a contractual right to a certificate holder.
Sec. 1811.052.  USE OF APPROVED CERTIFICATE OF INSURANCE FORMS. (a) An insurer or an agent may not issue a certificate of insurance unless the form of the certificate:
(1)  has been filed with and approved by the department under Section 1811.101; or
(2)  is a standard form deemed approved by the department under Section 1811.103.
(b)  A person may not execute, issue, or require the issuance of a certificate of insurance for risks located in this state, unless the certificate of insurance form has been filed with and approved by the department.
Sec. 1811.053.  ALTERATION OR MODIFICATION OF APPROVED CERTIFICATE OF INSURANCE FORMS. A person may not alter or modify a certificate of insurance form approved under Section 1811.101 unless the alteration or modification is approved by the department.
Sec. 1811.054.  ISSUANCE OF FALSE OR MISLEADING CERTIFICATE OF INSURANCE. A person may not require the issuance of a certificate of insurance from an insurer, agent, or policyholder that contains any false or misleading information concerning the policy of insurance to which the certificate refers.
Sec. 1811.055.  REQUEST FOR DOCUMENTS IN LIEU OF CERTIFICATE OF INSURANCE. A person may not require an agent or insurer, either in addition to or in lieu of a certificate of insurance, to issue any other document or correspondence, instrument, or record, including an electronic record, that is inconsistent with this chapter.
Sec. 1811.056.  USE OF DISAPPROVED CERTIFICATE OF INSURANCE FORMS. A person who receives written notice under Section 1811.102 that a certificate of insurance form filed under this chapter has been disapproved by the commissioner shall immediately stop using the form.
[Sections 1811.057-1811.100 reserved for expansion]
SUBCHAPTER C. CERTIFICATE OF INSURANCE FORMS
Sec. 1811.101.  FILING AND APPROVAL OF FORMS. (a) Except as provided by Subsection (b), an insurer or agent may not deliver or issue for delivery in this state a certificate of insurance unless the certificate's form:
(1)  has been filed with and approved by the commissioner; and
(2)  contains the phrase "for information purposes only" or similar language.
(b)  If a certificate of insurance form does not contain the language required by Subsection (a)(2), the commissioner may approve the form if the form states:
(1)  that the certificate of insurance does not confer any rights or obligations other than the rights and obligations conveyed by the policy referenced on the form; and
(2)  that the terms of the policy control over the terms of the certificate of insurance.
(c)  A filed form is approved at the expiration of 60 days after the date the form is filed unless the commissioner by order approves or disapproves the form during the 60-day period beginning the date the form is filed. The commissioner's approval of a filed form constitutes a waiver of any unexpired portion of the 60-day period.
(d)  The commissioner may extend by not more than 10 days the 60-day period described by Subsection (c) during which the commissioner may approve or disapprove a form filed by an insurer or agent. The commissioner shall notify the insurer or agent of the extension before the expiration of the 60-day period.
(e)  A filed form for which an extension has been granted under Subsection (d) is considered approved at the expiration of the extension period described by that subsection absent an earlier approval or disapproval of the form.
(f)  A person may not use a form unless the form has been filed with and approved by the commissioner.
Sec. 1811.102.  DISAPPROVAL OF FORMS; WITHDRAWAL OF APPROVAL. (a) The commissioner shall disapprove a form filed under Section 1811.101 or withdraw approval of a form if the form:
(1)  contains a provision or has a title or heading that is misleading, is deceptive, or violates public policy;
(2)  violates any state law, including a rule adopted under this code;
(3)  requires an agent to provide certification of insurance coverage that is not available in the line or type of insurance coverage referenced on the form; or
(4)  directly or indirectly requires the commissioner to make a coverage determination under a policy of insurance or insurance transaction.
(b)  The commissioner may not disapprove a form filed under Section 1811.101 or withdraw approval of a form based solely on the fact that the form contains language described by Section 1811.101(b).
(c)  An order issued by the commissioner disapproving a form, or a notice of the commissioner's intention to withdraw approval of a form, must state the grounds for the disapproval or withdrawal of approval in sufficient detail to reasonably inform the person filing the form of those grounds and the changes to the form necessary to obtain approval.
(d)  An order disapproving a form or withdrawing approval of a form takes effect on the date prescribed by the commissioner in the order.  The commissioner may not prescribe a date earlier than the 30th day after the effective date of the order, as prescribed by the commissioner.
Sec. 1811.103.  STANDARD CERTIFICATE OF INSURANCE FORMS. A standard certificate of insurance form promulgated by the Association for Cooperative Operations Research and Development, the American Association of Insurance Services, or the Insurance Services Office (ISO) is deemed approved on the date the form is filed with the department. Notwithstanding this section, the commissioner may withdraw approval of a standard form under Section 1811.102.
Sec. 1811.104.  PUBLIC INSPECTION OF INFORMATION. A certificate of insurance form and any supporting information filed with the department under this subchapter is open to public inspection as of the date of the filing.
[Sections 1811.105-1811.150 reserved for expansion]
SUBCHAPTER D. EFFECT OF APPROVAL OF CERTIFICATE OF INSURANCE FORM
Sec. 1811.151.  CONFIRMATION OF POLICY ISSUANCE. A certificate of insurance form that has been approved by the commissioner and properly executed and issued by a property and casualty insurer or an agent constitutes a confirmation that the referenced insurance policy has been issued or that coverage has been bound. This section applies regardless of whether the face of the certificate includes the phrase "for information purposes only" or similar language.
Sec. 1811.152.  CERTIFICATE OF INSURANCE NOT POLICY OF INSURANCE. A certificate of insurance is not a policy of insurance and does not amend, extend, or alter the coverage afforded by the referenced insurance policy.
Sec. 1811.153.  RIGHTS CONFERRED BY CERTIFICATE OF INSURANCE. A certificate of insurance does not confer to a certificate holder new or additional rights beyond what the referenced policy or any executed endorsement of insurance provides.
Sec. 1811.154.  REFERENCE TO OTHER CONTRACTS. A certificate of insurance may not contain a reference to a legal or insurance requirement contained in a contract other than the underlying contract of insurance, including a contract for construction or services.
Sec. 1811.155.  NOTICE. (a) A person may have a legal right to notice of cancellation, nonrenewal, or material change or any similar notice concerning a policy of insurance only if:
(1)  the person is named within the policy or an endorsement to the policy; and
(2)  the policy or endorsement or a law, including a rule, of this state requires notice to be provided.
(b)  A certificate of insurance may not alter the terms and conditions of the notice required by a policy of insurance or the law of this state.
Sec. 1811.156.  CERTIFICATE OF INSURANCE ISSUED IN VIOLATION OF CHAPTER. A certificate of insurance that is executed, issued, or required and that is in violation of this chapter is void and has no effect.
[Sections 1811.157-1811.200 reserved for expansion]
SUBCHAPTER E. ENFORCEMENT AND REMEDIES
Sec. 1811.201.  POWERS OF COMMISSIONER. (a) If the commissioner has reason to believe that an insurer or agent has violated or is threatening to violate this chapter or a rule adopted under this chapter, the commissioner may:
(1)  issue a cease and desist order;
(2)  seek an injunction under Section 1811.203;
(3)  request that the attorney general recover a civil penalty under Section 1811.203;
(4)  impose sanctions on the insurer or agent as provided by Chapter 82; or
(5)  take any combination of those actions.
(b)  This section does not prevent or limit any action by or remedy available to the commissioner under applicable law.
Sec. 1811.202.  HEARING; NOTICE. (a) The commissioner may hold a hearing on whether to issue a cease and desist order under Section 1811.201 if the commissioner has reason to believe that:
(1)  an insurer or agent has violated or is threatening to violate this chapter or a rule adopted under this chapter; or
(2)  an insurer or agent has engaged in or is threatening to engage in an unfair act related to a certificate of insurance.
(b)  The commissioner shall serve on the insurer or agent a statement of charges and a notice of hearing in the form provided by Section 2001.052, Government Code.
(c)  A hearing under this section is a contested case under Chapter 2001, Government Code.
Sec. 1811.203.  CIVIL PENALTY; INJUNCTION. (a) A person, including an insurer or agent, who wilfully violates this chapter is subject to a civil penalty of not more than $1,000 for each violation.
(b)  The commissioner may request that the attorney general institute a civil suit in a district court in Travis County for injunctive relief to restrain a person, including an insurer or agent, from continuing a violation or threat of violation of Subchapter B. On application for injunctive relief and a finding that a person, including an insurer or agent, is violating or threatening to violate Subchapter B, the district court shall grant the injunctive relief and issue an injunction without bond.
(c)  On request by the commissioner, the attorney general shall institute and conduct a civil suit in the name of the state for injunctive relief, to recover a civil penalty, or for both injunctive relief and a civil penalty, as authorized under this subchapter.
Sec. 1811.204.  INVESTIGATION OF COMPLAINTS. (a) The commissioner may:
(1)  investigate a complaint or allegation of specific violations by a person, including an insurer or agent, who has allegedly engaged in an act or practice prohibited by Subchapter B; and
(2)  enforce the provisions of this chapter.
(b)  If the commissioner has reason to believe that a person, including an insurer or agent, is performing an act in violation of Subchapter B, the person shall immediately provide to the commissioner, on written request of the commissioner, information relating to that act.
SECTION 2.  The changes in law made by this Act apply only to a certificate of insurance issued on or after January 1, 2012. A certificate of insurance issued before January 1, 2012, 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.
SECTION 3.  This Act takes effect September 1, 2011.

Floor Amendment No. 1

Amend CSSB 425 (house committee printing) in SECTION 1 of the bill as follows:
(1)  In added Section 1811.102, Insurance Code, strike proposed Subsection (d) (page 8, lines 8-12) and substitute:
(d)  An order disapproving a form or withdrawing approval of a form takes effect on the date prescribed by the commissioner in the order.  An order withdrawing approval of a form may not become effective until the 30th day after the date of the order.
(2)  In added Section 1811.153, Insurance Code (page 9, line 13), strike "does" and substitute "shall".

Floor Amendment No. 1 on Third Reading

Amend CSSB 425 on third reading as follows:
On page 11, line 23, strike "shall" and insert "may"

The amendments were read.
Senator Carona moved to concur in the House amendments to SB 425.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 502 WITH HOUSE AMENDMENT

Senator West called SB 502 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Amendment

Amend SB 502 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to determinations of paternity; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 160.302(a), Family Code, is amended to read as follows:
(a)  An acknowledgment of paternity must:
(1)  be in a record;
(2)  be signed, or otherwise authenticated, under penalty of perjury by the mother and the man seeking to establish paternity;
(3)  state that the child whose paternity is being acknowledged:
(A)  does not have a presumed father or has a presumed father whose full name is stated; and
(B)  does not have another acknowledged or adjudicated father;
(4)  state whether there has been genetic testing and, if so, that the acknowledging man's claim of paternity is consistent with the results of the testing; and
(5)  state that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of the paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances [and is barred after four years].
SECTION 2.  Section 160.306, Family Code, is amended to read as follows:
Sec. 160.306.  FILING FEE NOT REQUIRED. The bureau of vital statistics may not charge a fee for filing:
(1)  an acknowledgment of paternity;
(2)  a [or] denial of paternity; or
(3)  a rescission of an acknowledgment of paternity or denial of paternity.
SECTION 3.  Section 160.307, Family Code, is amended to read as follows:
Sec. 160.307.  PROCEDURES [PROCEEDING] FOR RESCISSION. (a) A signatory may rescind an acknowledgment of paternity or denial of paternity as provided by this section [by commencing a proceeding to rescind] before the earlier of:
(1)  the 60th day after the effective date of the acknowledgment or denial, as provided by Section 160.304; or
(2)  the date [of the first hearing in] a proceeding to which the signatory is a party is initiated before a court to adjudicate an issue relating to the child, including a proceeding that establishes child support.
(b)  A signatory seeking to rescind an acknowledgment of paternity or denial of paternity must file with the bureau of vital statistics a completed rescission, on the form prescribed under Section 160.312, in which the signatory declares under penalty of perjury that:
(1)  as of the date the rescission is filed, a proceeding has not been held affecting the child identified in the acknowledgment of paternity or denial of paternity, including a proceeding to establish child support;
(2)  a copy of the completed rescission was sent by certified or registered mail, return receipt requested, to:
(A)  if the rescission is of an acknowledgment of paternity, the other signatory of the acknowledgment of paternity and the signatory of any related denial of paternity; or
(B)  if the rescission is of a denial of paternity, the signatories of the related acknowledgment of paternity; and
(3)  if a signatory to the acknowledgment of paternity or denial of paternity is receiving services from the Title IV-D agency, a copy of the completed rescission was sent by certified or registered mail to the Title IV-D agency.
(c)  On receipt of a completed rescission, the bureau of vital statistics shall void the acknowledgment of paternity or denial of paternity affected by the rescission and amend the birth record of the child, if appropriate.
(d)  Any party affected by the rescission, including the Title IV-D agency, may contest the rescission by bringing a proceeding under Subchapter G to adjudicate the parentage of the child.
SECTION 4.  Sections 160.308(a) and (c), Family Code, are amended to read as follows:
(a)  After the period for rescission under Section 160.307 has expired, a signatory of an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only on the basis of fraud, duress, or material mistake of fact.  The proceeding may [must] be commenced at any time before the issuance of an order affecting the child identified in [fourth anniversary of the date] the acknowledgment or denial, including an order relating to support of the child [is filed with the bureau of vital statistics unless the signatory was a minor on the date the signatory executed the acknowledgment or denial. If the signatory was a minor on the date the signatory executed the acknowledgment or denial, the proceeding must be commenced before the earlier of the fourth anniversary of the date of:
[(1)     the signatory's 18th birthday; or
[(2)     the removal of the signatory's disabilities of minority by court order, marriage, or by other operation of law].
(c)  Notwithstanding any other provision of this chapter, a collateral attack on an acknowledgment of paternity signed under this chapter may not be maintained after the issuance of an order affecting the child identified in the acknowledgment, including an order relating to support of the child [fourth anniversary of the date the acknowledgment of paternity is filed with the bureau of vital statistics unless the signatory was a minor on the date the signatory executed the acknowledgment.     If the signatory was a minor on the date the signatory executed the acknowledgment, a collateral attack on the acknowledgment of paternity may not be maintained after the earlier of the fourth anniversary of the date of:
[(1)     the signatory's 18th birthday; or
[(2)     the removal of the signatory's disabilities of minority by court order, marriage, or by other operation of law].
SECTION 5.  Section 160.309, Family Code, is amended to read as follows:
Sec. 160.309.  PROCEDURE FOR [RESCISSION OR] CHALLENGE. (a) Each signatory to an acknowledgment of paternity and any related denial of paternity must be made a party to a proceeding to [rescind or] challenge the acknowledgment or denial of paternity.
(b)  For purposes of [the rescission of or] a challenge to an acknowledgment of paternity or denial of paternity, a signatory submits to the personal jurisdiction of this state by signing the acknowledgment or denial. The jurisdiction is effective on the filing of the document with the bureau of vital statistics.
(c)  Except for good cause shown, while a proceeding is pending to [rescind or] challenge an acknowledgment of paternity or a denial of paternity, the court may not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support.
(d)  A proceeding to [rescind or to] challenge an acknowledgment of paternity or a denial of paternity shall be conducted in the same manner as a proceeding to adjudicate parentage under Subchapter G.
(e)  At the conclusion of a proceeding to [rescind or] challenge an acknowledgment of paternity or a denial of paternity, the court shall order the bureau of vital statistics to amend the birth record of the child, if appropriate.
SECTION 6.  Section 160.312, Family Code, is amended to read as follows:
Sec. 160.312.  FORMS [FOR ACKNOWLEDGMENT AND DENIAL OF PATERNITY]. (a) To facilitate compliance with this subchapter, the bureau of vital statistics shall prescribe forms for the:
(1)  acknowledgment of paternity;
(2)  [and the] denial of paternity; and
(3)  rescission of an acknowledgment or denial of paternity.
(b)  A valid acknowledgment of paternity, [or] denial of paternity, or rescission of an acknowledgment or denial of paternity is not affected by a later modification of the prescribed form.
SECTION 7.  Subchapter F, Chapter 160, Family Code, is amended by adding Section 160.512 to read as follows:
Sec. 160.512.  OFFENSE: FALSIFICATION OF SPECIMEN. (a) A person commits an offense if the person alters, destroys, conceals, fabricates, or falsifies genetic evidence in a proceeding to adjudicate parentage, including inducing another person to provide a specimen with the intent to affect the outcome of the proceeding.
(b)  An offense under this section is a felony of the third degree.
(c)  An order excluding a man as the biological father of a child based on genetic evidence shown to be altered, fabricated, or falsified is void and unenforceable.
SECTION 8.  Section 160.607(b), Family Code, is amended to read as follows:
(b)  A proceeding seeking to adjudicate the parentage of a child having a [disprove the father-child relationship between a child and the child's] presumed father may be maintained at any time if the court determines that:
(1)  the presumed father and the mother of the child did not live together or engage in sexual intercourse with each other during the probable time of conception; or [and]
(2)  the presumed father was precluded from commencing a proceeding to adjudicate the parentage of the child before the expiration of the time prescribed by Subsection (a) because of the mistaken belief that he was the child's biological father based on misrepresentations that led him to that conclusion [never represented to others that the child was his own].
SECTION 9.  Section 160.608(f), Family Code, is amended to read as follows:
(f)  This section applies to a proceeding to [rescind or] challenge an acknowledgment of paternity or a denial of paternity as provided by Section 160.309(d).
SECTION 10.  Section 160.609(a), Family Code, is amended to read as follows:
(a)  If a child has an acknowledged father, a signatory to the acknowledgment or denial of paternity may commence a proceeding under this chapter [seeking to rescind the acknowledgment or denial or] to challenge the paternity of the child only within the time allowed under Section [160.307 or] 160.308.
SECTION 11.  (a) The changes in law made by this Act with respect to an acknowledgment or denial of paternity apply only to an acknowledgment or denial of paternity that becomes effective on or after the effective date of this Act. An acknowledgment or denial of paternity that became effective before the effective date of this Act is governed by the law in effect at the time the acknowledgment or denial of paternity became effective, and the former law is continued in effect for that purpose.
(b)  The changes in law made by this Act with respect to a proceeding to adjudicate parentage apply only to a proceeding that is commenced on or after the effective date of this Act. A proceeding to adjudicate parentage commenced before the effective date of this Act is governed by the law in effect on the date the proceeding was commenced, and the former law is continued in effect for that purpose.
SECTION 12.  This Act takes effect September 1, 2011.

The amendment was read.

Senator West moved to concur in the House amendment to SB 502.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1620 WITH HOUSE AMENDMENT

Senator Duncan called SB 1620 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 1620 (house committee printing) as follows:
(1)  In SECTION 2 of the bill, in added Section 28.027(b), Education Code (page 2, line 17), following the underlined period, insert:
The State Board of Education may only approve a course to substitute for a mathematics course taken after successful completion of Algebra I and geometry and after successful completion of or concurrently with Algebra II. The State Board of Education may only approve a course to substitute for a science course taken after successful completion of biology and chemistry and after successful completion of or concurrently with physics.
(2)  In SECTION 2 of the bill, strike added Section 28.027(e), Education Code (page 3, line 23, through page 4, line 4).
(3)  In SECTION 3 of the bill, strike amended Section 28.025(b-2), Education Code (page 4, lines 7 through 21), and substitute the following:
(b-2)  In adopting rules under Subsection (b-1), the State Board of Education shall allow a student to comply with the curriculum requirements for a mathematics course under Subsection (b-1)(1) taken after the successful completion of Algebra I and geometry and either after the successful completion of or concurrently with [an] Algebra II [course] or a science course under Subsection (b-1)(1) taken after the successful completion of biology and chemistry and either after the successful completion of or concurrently with [a] physics [course] by successfully completing an advanced career and technical course designated by the State Board of Education as containing substantively similar and rigorous academic content. A student may use the option provided by this subsection for not more than two courses.
(4)  In SECTION 4 of the bill, in added Section 61.0517(b), Education Code (page 5, lines 5 and 6), strike "ensure that academic credit for an applied STEM course is freely transferable among all" and substitute "work with institutions of higher education to ensure that credit for an applied STEM course may be applied to relevant degree programs offered by".
(5)  In SECTION 4 of the bill, in added Section 61.0517(c), Education Code (page 5, line 9), strike "listing of courses approved" and substitute "review of courses considered for approval".

The amendment was read.

Senator Duncan moved to concur in the House amendment to SB 1620.

The motion prevailed by the following vote:  Yeas 30, Nays 1.

Nays:  Nichols.

PERSONAL PRIVILEGE STATEMENT

Senator Deuell read the following citation:

THE SECRETARY OF THE NAVY

The President of the United States takes pleasure in presenting the SILVER STAR MEDAL to

CORPORAL JAMES E. NICHOLSON, JR.
UNITED STATES MARINE CORPS RESERVE

for service as set forth in the following

CITATION:

For conspicuous gallantry and intrepidity in action against the enemy while serving as a Browning Automatic Rifleman, G Company, 3d Battalion, 7th Marines, 1st Marine Division in the Republic of South Korea on 22 April 1951. During the late evening hours, Corporal (then Private First Class) Nicholson's fire team came under intense enemy fire by a numerically superior enemy force. Despite being surrounded, Corporal Nicholson and his team courageously applied suppressive fire against the enemy, resulting in numerous enemy casualties. Although equipped with a malfunctioning weapon, he advanced under furious enemy automatic weapons fire and hand grenades to retrieve a seriously wounded Marine. Corporal Nicholson's outstanding courage and daring initiative was a constant source of inspiration to his fire team, squad, and platoon. His determination and daring, despite overwhelming enemy fire, directly resulted in the return of a seriously wounded Marine to a safe area and the ability of his platoon to hold the high ground in the face of superior enemy numbers. Corporal Nicholson was personally responsible for drawing the fire of and destroying a particularly effective enemy machine gun with fire from his Browning Automatic Rifle. By his selfless determination, daring initiative, and complete dedication to duty, Corporal Nicholson reflected great credit upon himself and upheld the highest traditions of the Marine Corps and the United States Naval Service.

For the President,
/s/Ray Mabus
Secretary of the Navy

SENATE BILL 978 WITH HOUSE AMENDMENT

Senator Hinojosa called SB 978 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Amendment

Amend SB 978 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to procedures for the dissolution of the Hidalgo County Water Improvement District No. 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  DEFINITIONS. In this Act:
(1)  "City" means a municipality described by Section 2 of this Act.
(2)  "City council" means the governing body of a city.
(3)  "District" means the Hidalgo County Water Improvement District No. 3.
(4)  "District board" means the district's board of directors.
SECTION 2.  DISTRICT AND MUNICIPALITY TO WHICH ACT IS APPLICABLE. This Act applies only to:
(1)  the district; and
(2)  a municipality that:
(A)  has a population greater than 100,000; and
(B)  contains within its corporate boundaries or extraterritorial jurisdiction more than half of the district's territory.
SECTION 3.  DISSOLUTION OF DISTRICT; FINDINGS PREREQUISITE TO MOTION TO TRANSFER. (a) The district is dissolved on the later of:
(1)  the effective date of this Act; or
(2)  the date a transfer ordinance adopted pursuant to Section 5 of this Act takes effect under Section 8 of this Act.
(b)  At a regularly scheduled meeting of the city council, a city may propose an ordinance to allow the city to accept a transfer of the obligations, liabilities, and assets of the district if the city council finds that as of the date of the meeting:
(1)  at least 80 percent of the raw water diverted by the district in the preceding 12 months was diverted for use by the city;
(2)  the city is capable of assuming all rights and obligations of the district;
(3)  the city is capable of assuming responsibility for operating the district's facilities to benefit the district's existing customers and performing the services and functions performed by the district;
(4)  dissolution of the district will result in an overall cost savings to city residents; and
(5)  dissolution of the district will result in a more stable water supply for residents of the city and surrounding communities.
SECTION 4.  HEARING REQUIRED. (a) Before a city may propose an ordinance described by Section 5 of this Act, the city must conduct a public hearing on the issue.
(b)  Notice of the public hearing must be:
(1)  posted in accordance with the laws that apply to regular meetings of the city council; and
(2)  mailed to each district board member.
SECTION 5.  TRANSFER ORDINANCE. (a) After a city council has made the findings required by Section 3(b) of this Act and has conducted a public hearing as required by Section 4 of this Act, the city council may adopt an ordinance allowing the city to accept a transfer of the district's obligations, liabilities, and assets.
(b)  The ordinance must contain provisions that:
(1)  eliminate the required payment of any flat tax or assessments paid to the district by landowners in the district;
(2)  ensure that all water rights are held in trust by the city for the uses previously adjudicated;
(3)  ensure that all individual water users are entitled to continue to use or have access to the same amount of water they were entitled to before the dissolution of the district;
(4)  require the city to perform all the functions of the district, including the provision of services; and
(5)  ensure delivery of water to landowners at or below the lowest comparable delivery charge imposed by any other irrigation district in Hidalgo County.
(c)  The ordinance takes effect only if two-thirds of the city council votes in favor of the ordinance.
SECTION 6.  CITY CONSENT; DISTRICT DUTIES. (a) On or before the effective date of the ordinance described by Section 5 of this Act, the district board shall provide the district's management and operational records to the city that passed the ordinance to ensure the orderly transfer of management and operational responsibility to the city.
(b)  Without the consent of a majority of the members of a city council that publishes notice under Section 4(b) of this Act, the district may not:
(1)  sell, transfer, or encumber any district asset;
(2)  issue debt or acquire additional obligations; or
(3)  default on or fail to honor financial, legal, or other obligations of the district.
(c)  Unless a majority of the members of a city council that publishes notice under Section 4(b) of this Act agree otherwise, the district shall:
(1)  maintain assets of the district in an appropriate condition reflective of good stewardship and proper repair; and
(2)  preserve district records, including information maintained by the district in electronic format.
(d)  Any action undertaken by the district that does not comply with Subsection (b) of this section is void.
(e)  This section expires on the date a city that has published notice under Section 4(b) of this Act repeals the city's ordinance described by Section 5 of this Act.
SECTION 7.  PETITION BY VOTERS; SUSPENSION OR REPEAL OF ORDINANCE; ELECTION. (a) The voters of the district and of a city that enacts a transfer ordinance under this Act may object to the ordinance by filing a petition with the secretary of the city.
(b)  The petition must be signed by at least five percent of the combined total of registered voters who reside in the city or any part of the district outside the city.
(c)  The petition must be filed not later than the 30th day after the date the city council votes in favor of the transfer ordinance under Section 5(c) of this Act.
(d)  The city secretary shall verify the signatures on the petition and shall present the verified petition to the city council at the council's next scheduled meeting.
(e)  On receipt of the petition, the city council shall suspend the effectiveness of the ordinance, and the city may not take action under the ordinance unless the ordinance is approved by the voters under Subsection (f) of this section.
(f)  The city council shall reconsider the suspended ordinance at the next scheduled meeting of the council. If the city council does not repeal the transfer ordinance, the city council shall submit a proposition for or against enactment of the ordinance to the voters of the city and the district at an election held jointly by the city and the district on the next uniform election date. The transfer ordinance takes effect if a majority of the voters voting in that election vote in favor of the transfer.
SECTION 8.  EFFECTIVE DATE OF TRANSFER. A transfer ordinance under this Act takes effect on the date:
(1)  the period for filing a voter petition expires under Section 7(c) of this Act, if a voter petition is not filed under that section; or
(2)  the voters approve the transfer ordinance under Section 7(f) of this Act.
SECTION 9.  TRANSFER OF ASSETS. (a) On or before the effective date of a transfer ordinance under Section 8 of this Act, the district shall:
(1)  transfer to the city the ownership of any water rights and certificates of adjudication;
(2)  transfer the assets, debts, and contractual rights and obligations of the district to the city; and
(3)  provide notice and make recordings of the transfers under this section as required by the Water Code and other law.
(b)  On receipt of notice of the transfer of a district certificate of adjudication, the Texas Commission on Environmental Quality shall note in its records that the certificate of adjudication is owned and held by the city. The Texas Commission on Environmental Quality shall transfer the district's certificate to the city as a ministerial act without further application, notice, or hearing. A person or other legal entity does not have a right to object to or to request an administrative review of a transfer made in accordance with this Act.
(c)  The transfer of the district's water rights and any certificate of adjudication to the city does not affect or impair the priority, extent, validity, or purpose of the water rights or certificate.
SECTION 10.  EXPIRATION. This Act expires January 1, 2016.
SECTION 11.  EFFECTIVE DATE. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.

The amendment was read.

Senator Hinojosa moved to concur in the House amendment to SB 978.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 49 WITH HOUSE AMENDMENT

Senator Zaffirini called SB 49 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Amendment

Amend SB 49 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to school district requirements regarding parental notification in connection with disciplinary alternative education programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 37.008, Education Code, is amended by adding Subsection (l-1) to read as follows:
(l-1)  A school district shall provide the parents of a student removed to a disciplinary alternative education program with written notice of the district's obligation under Subsection (l) to provide the student with an opportunity to complete coursework required for graduation. The notice must:
(1)  include information regarding all methods available for completing the coursework; and
(2)  state that the methods are available at no cost to the student.
SECTION 2.  This Act applies beginning with the 2011-2012 school year.
SECTION 3.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.

The amendment was read.

Senator Zaffirini moved to concur in the House amendment to SB 49.

The motion prevailed by the following vote:  Yeas 30, Nays 1.

Nays:  Birdwell.

SENATE BILL 988 WITH HOUSE AMENDMENT

Senator Van de Putte called SB 988 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Amendment

Amend SB 988 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the creation of a cybersecurity, education, and economic development council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Chapter 2054, Government Code, is amended by adding Subchapter N to read as follows:
SUBCHAPTER N. CYBERSECURITY, EDUCATION,
AND ECONOMIC DEVELOPMENT COUNCIL
Sec. 2054.501.  DEFINITION. In this subchapter, "council" means the Cybersecurity, Education, and Economic Development Council.
Sec. 2054.502.  CYBERSECURITY, EDUCATION, AND ECONOMIC DEVELOPMENT COUNCIL; COMPOSITION. (a)  The Cybersecurity, Education, and Economic Development Council is established.
(b)  The council is composed of nine members appointed by the executive director. The members must include:
(1)  one representative from the department;
(2)  one representative from the Texas Economic Development and Tourism Office in the office of the governor;
(3)  two representatives from institutions of higher education with cybersecurity-related programs;
(4)  one representative from a public junior college, as defined by Section 61.003, Education Code, with a cybersecurity-related program;
(5)  one state military forces liaison experienced in the cybersecurity field; and
(6)  three representatives from chamber of commerce organizations or businesses who have a cybersecurity background.
(c)  The council shall elect a presiding officer from among its members.
(d)  A council member serves at the pleasure of the executive director.
Sec. 2054.503.  COMPENSATION. A council member serves without compensation or reimbursement of expenses.
Sec. 2054.504.  COUNCIL POWERS AND DUTIES. (a)  The council shall:
(1)  at least quarterly, meet at the call of the presiding officer; and
(2)  conduct an interim study and make recommendations to the executive director regarding:
(A)  improving the infrastructure of this state's cybersecurity operations with existing resources and through partnerships between government, business, and institutions of higher education; and
(B)  examining specific actions to accelerate the growth of cybersecurity as an industry in this state.
(b)  The council may request the assistance of state agencies, departments, or offices to carry out its duties.
Sec. 2054.505.  REPORT. Not later than December 1, 2012, the council shall submit a report based on its findings to:
(1)  the executive director;
(2)  the governor;
(3)  the lieutenant governor;
(4)  the speaker of the house of representatives;
(5)  the higher education committees of the senate and house of representatives;
(6)  the Senate Committee on Economic Development;
(7)  the House Technology Committee; and
(8)  the House Economic and Small Business Development Committee.
Sec. 2054.506.  EXPIRATION OF SUBCHAPTER. This subchapter expires and the council is abolished September 1, 2013.
SECTION 2.  Not later than the 30th day after the effective date of this Act, the executive director of the Department of Information Resources shall appoint the members of the Cybersecurity, Education, and Economic Development Council as established by Subchapter N, Chapter 2054, Government Code, as added by this Act.
SECTION 3.  This Act takes effect September 1, 2011.

The amendment was read.

Senator Van de Putte moved to concur in the House amendment to SB 988.

The motion prevailed by the following vote:  Yeas 30, Nays 1.

Nays:  Patrick.

SENATE BILL 332 WITH HOUSE AMENDMENTS

Senator Fraser called SB 332 from the President's table for consideration of the House amendments to the bill.

The President Pro Tempore laid the bill and the House amendments before the Senate.

Amendment

Amend SB 332 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the ownership of groundwater below the surface of land, the right to produce that groundwater, and the management of groundwater in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 36.002, Water Code, is amended to read as follows:
Sec. 36.002.  OWNERSHIP OF GROUNDWATER. (a) The legislature recognizes that a landowner owns the groundwater below the surface of the landowner's land as real property.
(b)  The groundwater ownership and rights described by this section:
(1)  entitle the landowner, including a landowner's lessees, heirs, or assigns, to drill for and produce the groundwater below the surface of real property, subject to Subsection (d), without causing waste or malicious drainage of other property or negligently causing subsidence, but does not entitle a landowner, including a landowner's lessees, heirs, or assigns, to the right to capture a specific amount of groundwater below the surface of his land; and
(2)  do not affect the existence of common law defenses or other defenses to liability under the rule of capture.
(c)  Nothing [The ownership and rights of the owners of the land and their lessees and assigns in groundwater are hereby recognized, and nothing] in this code shall be construed as granting the authority to deprive [depriving] or divest a landowner, including a landowner's lessees, heirs, or assigns, [divesting the owners or their lessees and assigns] of the groundwater ownership and rights described by this section [or rights, except as those rights may be limited or altered by rules promulgated by a district].
(d)  This section does not:
(1)  prohibit a district from limiting or prohibiting the drilling of a well by a landowner for failure or inability to comply with minimum well spacing or tract size requirements adopted by the district;
(2)  affect the ability of a district to regulate groundwater production as authorized under Section 36.113, 36.116, or 36.122 or otherwise under this chapter or a special law governing a district; or
(3)  require that a rule adopted by a district allocate to each landowner a proportionate share of available groundwater for production from the aquifer based on the number of acres owned by the landowner [A rule promulgated by a district may not discriminate between owners of land that is irrigated for production and owners of land or their lessees and assigns whose land that was irrigated for production is enrolled or participating in a federal conservation program].
(e)  This section does not affect the ability to regulate groundwater in any manner authorized under:
(1)  Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993, for the Edwards Aquifer Authority;
(2)  Chapter 8801, Special District Local Laws Code, for the Harris-Galveston Coastal Subsidence District; and
(3)  Chapter 8834, Special District Local Laws Code, for the Fort Bend Subsidence District.
SECTION 2.  Section 36.101, Water Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:
(a)  A district may make and enforce rules, including rules limiting groundwater production based on tract size or the spacing of wells, to provide for conserving, preserving, protecting, and recharging of the groundwater or of a groundwater reservoir or its subdivisions in order to control subsidence, prevent degradation of water quality, or prevent waste of groundwater and to carry out the powers and duties provided by this chapter. In adopting a rule under this chapter, a district [During the rulemaking process the board] shall:
(1)  consider all groundwater uses and needs;
(2)  [and shall] develop rules that [which] are fair and impartial;
(3)  consider the groundwater ownership and rights described by Section 36.002;
(4)  consider the public interest in conservation, preservation, protection, recharging, and prevention of waste of groundwater, and of groundwater reservoirs or their subdivisions, and in controlling subsidence caused by withdrawal of water from those groundwater reservoirs or their subdivisions, consistent with the objectives of Section 59, Article XVI, Texas Constitution;
(5)  consider the goals developed as part of the district's comprehensive management plan under Section 36.1071; and
(6)  [and that do] not discriminate between land that is irrigated for production and land that was irrigated for production and enrolled or participating in a federal conservation program.
(a-1)  Any rule of a district that discriminates between land that is irrigated for production and land that was irrigated for production and enrolled or participating in a federal conservation program is void.
SECTION 3.  This Act takes effect September 1, 2011.

Floor Amendment No. 1

Amend CSSB 332 (house committee printing) as follows:
(1)  In SECTION 1 of the bill, in added Section 36.002(b)(1), Water Code (page 1, line 20), strike "his" and substitute "that landowner's".
(2)  In SECTION 1 of the bill, in added Section 36.002(e)(2), Water Code (page 3, line 3), strike "Coastal".
(3)  In SECTION 2 of the bill, in added Section 36.101(a)(4), Water Code (page 3, line 26), strike "water" and substitute "groundwater".
(4)  In SECTION 2 of the bill, in added Section 36.101(a)(5), Water Code (page 4, line 3), strike "comprehensive".

The amendments were read.

Senator Fraser moved to concur in the House amendments to SB 332.

The motion prevailed by the following vote:  Yeas 30, Nays 1.

Nays:  Watson.

SENATE BILL 629 WITH HOUSE AMENDMENT

Senator Hegar called SB 629 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 629 (house committee printing) in SECTION 1 of the bill, at the end of added Section 8343.004, Special District Local Laws Code (page 2, line 6), by adding "Consent of the City of San Marcos is required for the inclusion in the district of the 203.47-acre tract described in Section 2 of the Act enacting this chapter."

The amendment was read.

Senator Hegar moved to concur in the House amendment to SB 629.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 924 WITH HOUSE AMENDMENT

Senator Carona called SB 924 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Floor Amendment No. 1 on Third Reading

Amend SB 924 on third reading by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  (a) Subchapter H, Chapter 418, Government Code, is amended by adding Section 418.192 to read as follows:
Sec. 418.192.  COMMUNICATIONS BY PUBLIC SERVICE PROVIDERS DURING DISASTERS AND EMERGENCIES. (a) In this section:
(1)  "Emergency" means a temporary, sudden, and unforeseen occurrence that requires action by a public service provider to correct the occurrence, inform others of the occurrence, protect lives or property, or temporarily reduce demand for or allocate supply of the provider's products or services to ensure public safety or preserve the integrity of service delivery mechanisms.
(2)  "Public service provider" means any person or entity that provides essential products or services to the public that are regulated under the Natural Resources Code, Utilities Code, or Water Code, including:
(A)  common carriers under Section 111.002, Natural Resources Code;
(B)  telecommunications providers as defined by Section 51.002, Utilities Code; and
(C)  any other person or entity providing or producing heat, light, power, or water.
(b)  A public service provider may enter into a contract for an emergency notification system described by this section for use in informing the provider's customers, governmental entities, and other affected persons regarding:
(1)  notice of a disaster or emergency; and
(2)  any actions a recipient is required to take during a disaster or emergency.
(c)  The emergency notification system for which a contract is entered into under Subsection (b) must rely on a dynamic information database that:
(1)  is capable of simultaneous transmission of emergency messages to all recipients through at least two industry-standard gateways to one or more telephones or electronic devices owned by a recipient in a manner that does not negatively impact the existing communications infrastructure;
(2)  allows the public service provider to:
(A)  store prewritten emergency messages in the dynamic information database for subsequent use; and
(B)  generate emergency messages in real time based on provider inputs;
(3)  allows a recipient to select the language in which the recipient would prefer to receive messages;
(4)  transmits the message in the recipient's language of choice to that recipient;
(5)  converts text messages to sound files and transmits those sound files to the appropriate device;
(6)  assigns recipients to priority groups for notification;
(7)  allows for the collection and verification of responses by recipients of emergency messages; and
(8)  reads or receives alerts from a commercial mobile alert system established by the Federal Communications Commission or complies with standards adopted for a commercial mobile alert system established by the Federal Communications Commission.
(d)  The dynamic information database must comply with:
(1)  the Telecommunications Service Priority program established by the Federal Communications Commission; and
(2)  the Federal Information Processing Standard 140-2 governing compliant cryptographic modules for encryption and security issued by the National Institute of Standards and Technology.
(e)  Before sending a notice described by Subsection (b), a public service provider must:
(1)  provide a copy of the notice to the emergency management director designated under Section 418.1015, for each political subdivision for which the public service provider provides services at the time of the notice; and
(2)  during a disaster declared by the governor or United States government, obtain approval of the notice from the emergency management director designated under Section 418.1015, for each political subdivision for which the public service provider provides services during the disaster.
(f)  A customer of a public service provider may decline to receive the notices described by Subsection (b) by providing written notice of that decision to the public service provider.
(g)  A public service provider shall cooperate with emergency management officials of each political subdivision in which the public service provider provides services to survey the number of notification systems in place.
(h)  The requirements of this section do not apply to an emergency notification system that is in use by a public service provider on June 1, 2011.
(b)  This section takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this section takes effect September 1, 2011.

The amendment was read.

Senator Carona moved to concur in the House amendment to SB 924.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

CONFERENCE COMMITTEE ON HOUSE BILL 3109

Senator Seliger called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 3109 and moved that the request be granted.

The motion prevailed without objection.

The President Pro Tempore asked if there were any motions to instruct the conference committee on HB 3109 before appointment.

There were no motions offered.

Accordingly, the President Pro Tempore announced the appointment of the following conferees on the part of the Senate:  Senators Seliger, Chair; Duncan, Eltife, Uresti, and Hinojosa.

VOTE RECONSIDERED ON
SENATE BILL 408

On motion of Senator Estes and by unanimous consent, the vote by which the Senate concurred in the House amendment to SB 408 was reconsidered:

SB 408, Relating to inspection of and the operation of watercraft on the John Graves Scenic Riverway; providing for the imposition of a criminal penalty.

Question --- Shall the Senate concur in the House amendment to SB 408?

Senator Estes moved that the Senate do not concur in the House amendment, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.

The motion prevailed without objection.

The President Pro Tempore asked if there were any motions to instruct the conference committee on SB 408 before appointment.

There were no motions offered.

The President Pro Tempore announced the appointment of the following conferees on the part of the Senate:  Senators Estes, Chair; Fraser, Harris, Carona, and Lucio.

SENATE BILL 293 WITH HOUSE AMENDMENTS

Senator Watson called SB 293 from the President's table for consideration of the House amendments to the bill.

The President Pro Tempore laid the bill and the House amendments before the Senate.

Amendment

Amend SB 293 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to telemedicine medical services, telehealth services, and home telemonitoring services provided to certain Medicaid recipients.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 531.001, Government Code, is amended by adding Subdivisions (4-a), (7), and (8) to read as follows:
(4-a)  "Home telemonitoring service" means a health service that requires scheduled remote monitoring of data related to a patient's health and transmission of the data to a licensed home health agency as defined by Section 531.02164(a).
(7)  "Telehealth service" means a health service, other than a telemedicine medical service, that is delivered by a licensed or certified health professional acting within the scope of the health professional's license or certification who does not perform a telemedicine medical service and that requires the use of advanced telecommunications technology, other than telephone or facsimile technology, including:
(A)  compressed digital interactive video, audio, or data transmission;
(B)  clinical data transmission using computer imaging by way of still-image capture and store and forward; and
(C)  other technology that facilitates access to health care services or medical specialty expertise.
(8)  "Telemedicine medical service" means a health care service that is initiated by a physician or provided by a health professional acting under physician delegation and supervision, that is provided for purposes of patient assessment by a health professional, diagnosis or consultation by a physician, or treatment, or for the transfer of medical data, and that requires the use of advanced telecommunications technology, other than telephone or facsimile technology, including:
(A)  compressed digital interactive video, audio, or data transmission;
(B)  clinical data transmission using computer imaging by way of still-image capture and store and forward; and
(C)  other technology that facilitates access to health care services or medical specialty expertise.
SECTION 2.  Section 531.0216, Government Code, is amended to read as follows:
Sec. 531.0216.  PARTICIPATION AND REIMBURSEMENT OF TELEMEDICINE MEDICAL SERVICE PROVIDERS AND TELEHEALTH SERVICE PROVIDERS UNDER MEDICAID. (a)  The commission by rule shall develop and implement a system to reimburse providers of services under the state Medicaid program for services performed using telemedicine medical services or telehealth services.
(b)  In developing the system, the executive commissioner by rule shall:
(1)  review programs and pilot projects in other states to determine the most effective method for reimbursement;
(2)  establish billing codes and a fee schedule for services;
(3)  provide for an approval process before a provider can receive reimbursement for services;
(4)  consult with the Department of State Health Services and the telemedicine and telehealth advisory committee to establish procedures to:
(A)  identify clinical evidence supporting delivery of health care services using a telecommunications system;
(B)  establish pilot studies for telemedicine medical service delivery and telehealth service delivery; and
(C)  annually review health care services, considering new clinical findings, to determine whether reimbursement for particular services should be denied or authorized;
(5)  establish pilot programs in designated areas of this state under which the commission, in administering government-funded health programs, may reimburse a health professional participating in the pilot program for telehealth services authorized under the licensing law applicable to the health professional;
(6)  establish a separate provider identifier for telemedicine medical services providers, telehealth services providers, and home telemonitoring services providers; and
(7)  establish a separate modifier for telemedicine medical services, telehealth services, and home telemonitoring services eligible for reimbursement.
(c)  The commission shall encourage health care providers and health care facilities to participate as telemedicine medical service providers or telehealth service providers in the health care delivery system.  The commission may not require that a service be provided to a patient through telemedicine medical services or telehealth services when the service can reasonably be provided by a physician through a face-to-face consultation with the patient in the community in which the patient resides or works.  This subsection does not prohibit the authorization of the provision of any service to a patient through telemedicine medical services or telehealth services at the patient's request.
(d)  Subject to Section 153.004, Occupations Code, the commission may adopt rules as necessary to implement this section.  In the rules adopted under this section, the commission shall:
(1)  refer to the site where the patient is physically located as the patient site; and
(2)  refer to the site where the physician or health professional providing the telemedicine medical service or telehealth service is physically located as the distant site.
(e)  The commission may not reimburse a health care facility for telemedicine medical services or telehealth services provided to a Medicaid recipient unless the facility complies with the minimum standards adopted under Section 531.02161.
(f)  Not later than December 1 of each even-numbered year, the commission shall report to the speaker of the house of representatives and the lieutenant governor on the effects of telemedicine medical services, telehealth services, and home telemonitoring services on the Medicaid program in the state, including the number of physicians, [and] health professionals, and licensed health care facilities using telemedicine medical services, telehealth services, or home telemonitoring services, the geographic and demographic disposition of the physicians and health professionals, the number of patients receiving telemedicine medical services, telehealth services, and home telemonitoring services, the types of services being provided, and the cost of utilization of telemedicine medical services, telehealth services, and home telemonitoring services to the program.
[(g)     In this section:
[(1)     "Telehealth service" has the meaning assigned by Section 57.042, Utilities Code.
[(2)     "Telemedicine medical service" has the meaning assigned by Section 57.042, Utilities Code.]
SECTION 3.  The heading to Section 531.02161, Government Code, is amended to read as follows:
Sec. 531.02161.  TELEMEDICINE, TELEHEALTH, AND HOME TELEMONITORING TECHNOLOGY STANDARDS.
SECTION 4.  Section 531.02161(b), Government Code, is amended to read as follows:
(b)  The commission and the Telecommunications Infrastructure Fund Board by joint rule shall establish and adopt minimum standards for an operating system used in the provision of telemedicine medical services, telehealth services, or home telemonitoring services by a health care facility participating in the state Medicaid program, including standards for electronic transmission, software, and hardware.
SECTION 5.  Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.02164 to read as follows:
Sec. 531.02164.  MEDICAID SERVICES PROVIDED THROUGH HOME TELEMONITORING SERVICES. (a) In this section, "home health agency" means a facility licensed under Chapter 142, Health and Safety Code, to provide home health services as defined by Section 142.001, Health and Safety Code.
(b)  If the commission determines that establishing a statewide program that permits reimbursement under the state Medicaid program for home telemonitoring services would be cost-effective and feasible, the executive commissioner by rule shall establish the program as provided under this section.
(c)  A program established under this section must:
(1)  provide that home telemonitoring services are available only to persons who are diagnosed with one or more conditions described by Section 531.02171(c)(4) and who exhibit two or more of the following risk factors:
(A)  two or more hospitalizations in the prior 12-month period;
(B)  frequent or recurrent emergency room admissions;
(C)  a documented history of poor adherence to ordered medication regimens;
(D)  a documented history of falls in the prior six-month period;
(E)  limited or absent informal support systems;
(F)  living alone or being home alone for extended periods of time; and
(G)  a documented history of care access challenges;
(2)  ensure that clinical information gathered by a home health agency while providing home telemonitoring services is shared with the patient's physician; and
(3)  ensure that the program does not duplicate disease management program services provided under Section 32.057, Human Resources Code.
(d)  If, after implementation, the commission determines that the program established under this section is not cost-effective, the commission may discontinue the program and stop providing reimbursement under the state Medicaid program for home telemonitoring services, notwithstanding Section 531.0216 or any other law.
(e)  The commission shall determine whether the provision of home telemonitoring services to persons who are eligible to receive benefits under both the Medicaid and Medicare programs achieves cost savings for the Medicare program. If the commission determines that the provision of home telemonitoring services achieves cost savings for the Medicare program, the commission shall pursue the creation of accountable care organizations to participate in the Medicare shared savings program in accordance with 42 U.S.C. Section 1395jjj.
SECTION 6.  The heading to Section 531.02171, Government Code, as added by Chapter 661 (H.B. 2700), Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows:
Sec. 531.02171.  TELEMEDICINE MEDICAL SERVICES AND TELEHEALTH SERVICES PILOT PROGRAMS.
SECTION 7.  Section 531.02171(c), Government Code, as added by Chapter 661 (H.B. 2700), Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows:
(c)  In developing and operating a pilot program under this section, the commission shall:
(1)  solicit and obtain support for the program from local officials and the medical community;
(2)  focus on enhancing health outcomes in the area served by the pilot program through increased access to medical or health care services, including:
(A)  health screenings;
(B)  prenatal care;
(C)  medical or surgical follow-up visits;
(D)  periodic consultation with specialists regarding chronic disorders;
(E)  triage and pretransfer arrangements; [and]
(F)  transmission of diagnostic images or data; and
(G)  monitoring of chronic conditions;
(3)  establish quantifiable measures and expected health outcomes for each authorized telemedicine medical service or telehealth service;
(4)  consider condition-specific applications of telemedicine medical services or telehealth services, including applications for:
(A)  pregnancy;
(B)  diabetes;
(C)  heart disease; [and]
(D)  cancer;
(E)  chronic obstructive pulmonary disease;
(F)  hypertension; and
(G)  congestive heart failure; and
(5)  demonstrate that the provision of services authorized as telemedicine medical services or telehealth services will not adversely affect the provision of traditional medical services or other health care services within the area served by the pilot program.
SECTION 8.  The heading to Section 531.02172, Government Code, is amended to read as follows:
Sec. 531.02172.  TELEMEDICINE AND TELEHEALTH ADVISORY COMMITTEE.
SECTION 9.  Section 531.02172(b), Government Code, is amended to read as follows:
(b)  The advisory committee must include:
(1)  representatives of health and human services agencies and other state agencies concerned with the use of telemedical and telehealth consultations and home telemonitoring services in the Medicaid program and the state child health plan program, including representatives of:
(A)  the commission;
(B)  the Department of State Health Services;
(C)  the Texas Department of Rural Affairs;
(D)  the Texas Department of Insurance;
(E)  the Texas Medical Board;
(F)  the Texas Board of Nursing; and
(G)  the Texas State Board of Pharmacy;
(2)  representatives of health science centers in this state;
(3)  experts on telemedicine, telemedical consultation, and telemedicine medical services or telehealth services; [and]
(4)  representatives of consumers of health services provided through telemedical consultations and telemedicine medical services or telehealth services; and
(5)  representatives of providers of telemedicine medical services, telehealth services, and home telemonitoring services.
SECTION 10.  Section 531.02173(c), Government Code, is amended to read as follows:
(c)  The commission shall perform its duties under this section with assistance from the telemedicine and telehealth advisory committee established under Section 531.02172.
SECTION 11.  The following provisions of the Government Code are repealed:
(1)  Section 531.02161(a);
(2)  Sections 531.0217(a)(3) and (4);
(3)  Sections 531.02171(a)(3) and (4), as added by Chapter 661 (H.B. 2700), Acts of the 77th Legislature, Regular Session, 2001; and
(4)  Section 531.02171, as added by Chapter 959 (S.B. 1536), Acts of the 77th Legislature, Regular Session, 2001.
SECTION 12.  Not later than December 31, 2012, the Health and Human Services Commission shall submit a report to the governor, the lieutenant governor, and the speaker of the house of representatives regarding the establishment and implementation of the program to permit reimbursement under the state Medicaid program for home telemonitoring services under Section 531.02164, Government Code, as added by this Act. The report must include:
(1)  the methods used by the commission to determine whether the program was cost-effective and feasible; and
(2)  if the program has been established, information regarding:
(A)  the utilization of home telemonitoring services by Medicaid recipients under the program;
(B)  the health outcomes of Medicaid recipients who receive home telemonitoring services under the program;
(C)  the hospital admission rate of Medicaid recipients who receive home telemonitoring services under the program;
(D)  the cost of the home telemonitoring services provided under the program; and
(E)  the estimated cost savings to the state as a result of the program.
SECTION 13.  If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.
SECTION 14.  This Act takes effect September 1, 2011.

Floor Amendment No. 1

Amend CSSB 293 (house committee printing) as follows:
(1)  In SECTION 1 of the bill, in added Section 531.001(4-a), Government Code (page 1, line 11), strike "as" and substitute "or a hospital, as those terms are".
(2)  In SECTION 2 of the bill, strike amended Section 531.0216(b), Government Code (page 2, line 23, through page 3, line 26), and substitute the following:
(b)  In developing the system, the executive commissioner by rule shall:
(1)  review programs and pilot projects in other states to determine the most effective method for reimbursement;
(2)  establish billing codes and a fee schedule for services;
(3)  provide for an approval process before a provider can receive reimbursement for services;
(4)  consult with the Department of State Health Services and the telemedicine and telehealth advisory committee to establish procedures to:
(A)  identify clinical evidence supporting delivery of health care services using a telecommunications system; and
(B)  [establish pilot studies for telemedicine medical service delivery; and
[(C)]  annually review health care services, considering new clinical findings, to determine whether reimbursement for particular services should be denied or authorized;
(5)  [establish pilot programs in designated areas of this state under which the commission, in administering government-funded health programs, may reimburse a health professional participating in the pilot program for telehealth services authorized under the licensing law applicable to the health professional;
[(6)]  establish a separate provider identifier for telemedicine medical services providers, telehealth services providers, and home telemonitoring services providers; and
(6) [(7)]  establish a separate modifier for telemedicine medical services, telehealth services, and home telemonitoring services eligible for reimbursement.
(3)  In SECTION 5 of the bill, strike added Section 531.02164(a), Government Code (page 6, lines 6 through 9), and substitute the following:
(a)  In this section:
(1)  "Home health agency" means a facility licensed under Chapter 142, Health and Safety Code, to provide home health services as defined by Section 142.001, Health and Safety Code.
(2)  "Hospital" means a hospital licensed under Chapter 241, Health and Safety Code.
(4)  In SECTION 5 of the bill, strike added Section 531.02164(c), Government Code (page 6, line 15, through page 7, line 11), and substitute the following:
(c)  The program required under this section must:
(1)  provide that home telemonitoring services are available only to persons who:
(A)  are diagnosed with one or more of the following conditions:
(i)  pregnancy;
(ii)  diabetes;
(iii)  heart disease;
(iv)  cancer;
(v)  chronic obstructive pulmonary disease;
(vi)  hypertension;
(vii)  congestive heart failure;
(viii)  mental illness or serious emotional disturbance;
(ix)  asthma;
(x)  myocardial infarction; or
(xi)  stroke; and
(B)  exhibit two or more of the following risk factors:
(i)  two or more hospitalizations in the prior 12-month period;
(ii)  frequent or recurrent emergency room admissions;
(iii)  a documented history of poor adherence to ordered medication regimens;
(iv)  a documented history of falls in the prior six-month period;
(v)  limited or absent informal support systems;
(vi)  living alone or being home alone for extended periods of time; and
(vii)  a documented history of care access challenges;
(2)  ensure that clinical information gathered by a home health agency or hospital while providing home telemonitoring services is shared with the patient's physician; and
(3)  ensure that the program does not duplicate disease management program services provided under Section 32.057, Human Resources Code.
(5)  In SECTION 5 of the bill, in added Section 531.02164(e), Government Code (page 7, lines 21 through 26), strike "If the commission determines that the provision of home telemonitoring services achieves cost savings for the Medicare program, the commission shall pursue the creation of accountable care organizations to participate in the Medicare shared savings program in accordance with 42 U.S.C. Section 1395jjj."
(6)  Strike SECTION 6 of the bill (page 7, line 27, through page 8, line 4).
(7)  Strike SECTION 7 of the bill (page 8, line 5, through page 9, line 14).
(8)  In the recital to SECTION 9 of the bill (page 9, line 19), strike "Section 531.02172(b), Government Code, is" and substitute "Sections 531.02172(a) and (b), Government Code, are".
(9)  In SECTION 9 of the bill, immediately following the recital (page 9, between lines 20 and 21), insert the following:
(a)  The executive commissioner shall establish an advisory committee to assist the commission in:
(1)  evaluating policies for telemedical consultations under Sections 531.02163 and 531.0217;
(2)  [evaluating policies for telemedicine medical services or telehealth services pilot programs established under Section 531.02171;
[(3)]  ensuring the efficient and consistent development and use of telecommunication technology for telemedical consultations and telemedicine medical services or telehealth services reimbursed under government-funded health programs;
(3) [(4)]  monitoring the type of consultations and other services [programs] receiving reimbursement under Section [Sections] 531.0217 [and 531.02171]; and
(4) [(5)]  coordinating the activities of state agencies concerned with the use of telemedical consultations and telemedicine medical services or telehealth services.
(10)  In SECTION 11(3) of the bill (page 10, line 27), strike "Sections 531.02171(a)(3) and (4)" and substitute "Section 531.02171".
(11)  Renumber SECTIONS of the bill accordingly.

Floor Amendment No. 2

Amend CSSB 293 (house committee printing) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.02176 to read as follows:
Sec. 531.02176.  EXPIRATION OF MEDICAID REIMBURSEMENT FOR PROVISION OF TELEMEDICINE MEDICAL, TELEHEALTH, AND HOME TELEMONITORING SERVICES. Notwithstanding any other law, the commission may not reimburse providers under the Medicaid program for the provision of telemedicine medical, telehealth, or home telemonitoring services on or after September 1, 2015.

The amendments were read.

Senator Watson moved that the Senate do not concur in the House amendments, but that a conference committee be appointed to adjust the differences between the two Houses on the bill.

The motion prevailed without objection.

The President Pro Tempore asked if there were any motions to instruct the conference committee on SB 293 before appointment.

There were no motions offered.

The President Pro Tempore announced the appointment of the following conferees on the part of the Senate:  Senators Watson, Chair; Nelson, West, Uresti, and Harris.

CONFERENCE COMMITTEE ON HOUSE BILL 2608

Senator Hinojosa called from the President's table, for consideration at this time, the request of the House for a conference committee to adjust the differences between the two Houses on HB 2608 and moved that the request be granted.

The motion prevailed without objection.

The President Pro Tempore asked if there were any motions to instruct the conference committee on HB 2608 before appointment.

There were no motions offered.

Accordingly, the President Pro Tempore announced the appointment of the following conferees on the part of the Senate:  Senators Hinojosa, Chair; Ellis, Hegar, Nichols, and Eltife.

SENATE BILL 1416 WITH HOUSE AMENDMENT

Senator Hinojosa called SB 1416 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 1416 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering the remaining SECTIONS of the bill accordingly:
SECTION ____.  Sections 38.04(b) and (c), Penal Code, are amended to read as follows:
(b)  An offense under this section is a Class A misdemeanor, except that the offense is:
(1)  a state jail felony if[:
[(A)]  the actor has been previously convicted under this section; [or
[(B)     the actor uses a vehicle while the actor is in flight and the actor has not been previously convicted under this section;]
(2)  a felony of the third degree if:
(A)  the actor uses a vehicle while the actor is in flight [and the actor has been previously convicted under this section]; [or]
(B)  another suffers serious bodily injury as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or
(C)  the actor uses a tire deflation device against the officer while the actor is in flight; or
(3)  a felony of the second degree if:
(A)  another suffers death as a direct result of an attempt by the officer from whom the actor is fleeing to apprehend the actor while the actor is in flight; or
(B)  another suffers serious bodily injury as a direct result of the actor's use of a tire deflation device while the actor is in flight.
(c)  In this section:
(1)  "Vehicle" [, "vehicle"] has the meaning assigned by Section 541.201, Transportation Code.
(2)  "Tire deflation device" has the meaning assigned by Section 46.01.
SECTION ____.  Section 38.04, 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 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.

The amendment was read.

Senator Hinojosa moved to concur in the House amendment to SB 1416.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1551 WITH HOUSE AMENDMENT

Senator Rodriguez called SB 1551 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 1551 (house committee report) by adding the following appropriately numbered SECTIONS to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____.  Chapter 13, Code of Criminal Procedure, is amended by adding Article 13.075 to read as follows:
Art. 13.075.  CHILD INJURED IN ONE COUNTY AND RESIDING IN ANOTHER. An offense under Title 5, Penal Code, involving a victim younger than 18 years of age, or an offense under Section 25.03, Penal Code, that results in bodily injury to a child younger than 18 years of age, may be prosecuted in the county:
(1)  in which an element of the offense was committed;
(2)  in which the defendant is apprehended;
(3)  in which the victim resides; or
(4)  in which the defendant resides.
SECTION ____.  Article 13.075, Code of Criminal Procedure, as added by this Act, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is 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.

The amendment was read.

Senator Rodriguez moved to concur in the House amendment to SB 1551.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 209 WITH HOUSE AMENDMENT

Senator Zaffirini called SB 209 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Amendment

Amend SB 209 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to juvenile case managers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Article 45.056, Code of Criminal Procedure, is amended by amending Subsections (c), (d), and (e) and adding Subsections (f), (g), and (h) to read as follows:
(c)  A county or justice court on approval of the commissioners court or a municipality or municipal court on approval of the city council may employ one or more [full-time] juvenile case managers to assist the court in administering the court's juvenile docket and in supervising its court orders in juvenile cases.
(d)  Pursuant to Article 102.0174, the court may pay the salary and benefits of a [the] juvenile case manager from the juvenile case manager fund.
(e)  A juvenile case manager employed under Subsection (c) shall give priority to [work primarily on] cases brought under Sections 25.093 and 25.094, Education Code.
(f)  The juvenile case manager shall timely report to the judge who signed the order or judgment and, on request, to the judge assigned to the case or the presiding judge any information or recommendations relevant to assisting the judge in making decisions that are in the best interest of the child.
(g)  The judge who is assigned to the case shall consult with the juvenile case manager who is supervising the case regarding:
(1)  the child's home environment;
(2)  the child's developmental, psychological, and educational status;
(3)  the child's previous interaction with the justice system; and
(4)  any sanctions available to the court that would be in the best interest of the child.
(h)  Subsections (f) and (g) do not apply to:
(1)  a part-time judge; or
(2)  a county judge of a county court that has one or more appointed full-time magistrates under Section 54.1172, Government Code.
SECTION 2.  The changes in law made by this Act to Article 45.056, Code of Criminal Procedure, apply to a juvenile case manager employed on or after the effective date of this Act, regardless of whether the juvenile case manager began that employment before, on, or after the effective date of this Act.
SECTION 3.  This Act takes effect September 1, 2011.

The amendment was read.

Senator Zaffirini moved to concur in the House amendment to SB 209.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 943 WITH HOUSE AMENDMENT

Senator Carona called SB 943 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Amendment

Amend SB 943 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the classification, use, and regulation of electric energy storage equipment or facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 31.002(10), Utilities Code, is amended to read as follows:
(10)  "Power generation company" means a person that:
(A)  generates electricity that is intended to be sold at wholesale, including the owner or operator of electric energy storage equipment or facilities to which Subchapter E, Chapter 35, applies;
(B)  does not own a transmission or distribution facility in this state other than an essential interconnecting facility, a facility not dedicated to public use, or a facility otherwise excluded from the definition of "electric utility" under this section; and
(C)  does not have a certificated service area, although its affiliated electric utility or transmission and distribution utility may have a certificated service area.
SECTION 2.  Chapter 35, Utilities Code, is amended by adding Subchapter E to read as follows:
SUBCHAPTER E. ELECTRIC ENERGY STORAGE
Sec. 35.151.  ELECTRIC ENERGY STORAGE. This subchapter applies to electric energy storage equipment or facilities that are intended to provide energy or ancillary services at wholesale, including electric energy storage equipment or facilities listed on a power generation company's registration with the commission or, for an exempt wholesale generator, on the generator's registration with the Federal Energy Regulatory Commission.
Sec. 35.152.  GENERATION ASSETS. (a) Electric energy storage equipment or facilities that are intended to be used to sell energy or ancillary services at wholesale are generation assets.
(b)  The owner or operator of electric energy storage equipment or facilities that are generation assets under Subsection (a) is a power generation company and is required to register under Section 39.351(a). The owner or operator of the equipment or facilities is entitled to:
(1)  interconnect the equipment or facilities;
(2)  obtain transmission service for the equipment or facilities; and
(3)  use the equipment or facilities to sell electricity or ancillary services at wholesale in a manner consistent with the provisions of this title and commission rules applicable to a power generation company or an exempt wholesale generator.
(c)  Notwithstanding Subsection (a), this section does not affect a determination made by the commission in a final order issued before December 31, 2010.
SECTION 3.  Section 31.002(10), Utilities Code, as amended by this Act, and Subchapter E, Chapter 35, Utilities Code, as added by this Act, may not be construed to determine the regulatory treatment of electricity acquired to charge electric energy storage equipment or facilities and used solely for the purpose of later sale as energy or ancillary services.
SECTION 4.  (a)  The Public Utility Commission of Texas shall adopt or revise rules as necessary to implement this Act not later than January 1, 2012.
(b)  The Public Utility Commission of Texas shall ensure that the Electric Reliability Council of Texas adopts or revises the council's protocols, standards, and procedures to implement this Act not later than April 1, 2012.
SECTION 5.  This Act takes effect September 1, 2011.

The amendment was read.

Senator Carona moved to concur in the House amendment to SB 943.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1732 WITH HOUSE AMENDMENT

Senator Van de Putte called SB 1732 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Amendment

Amend SB 1732 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to authorizing the adjutant general to operate post exchanges on state military property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter B, Chapter 431, Government Code, is amended by adding Section 431.040 to read as follows:
Sec. 431.040.  POST EXCHANGES ON STATE MILITARY PROPERTY. (a)  The adjutant general may establish and contract for the operation of not more than three military-type post exchanges similar to those operated by the armed forces of the United States on any real property under the management and control of the department. A post exchange may sell, lease, or rent goods and services, including tobacco products, prepared foods, and beer and wine but not distilled spirits. The adjutant general may designate facilities located on department property to use for purposes of this section.
(b)  The adjutant general shall adopt rules to govern post exchanges established under this section that are similar to the procedures, policies, and restrictions governing exchanges of the Army and Air Force Exchange Service, including rules that require an individual to show identification that indicates that the individual is qualified to buy, lease, or rent goods at the post exchange.
(c)  The adjutant general shall contract with a person to operate a post exchange created under this section.
(d)  A post exchange may sell, lease, or rent goods and services only to:
(1)  active, retired, and reserve members of the United States armed services;
(2)  active and retired members of the state military forces;
(3)  full-time employees of the adjutant general's department; and
(4)  dependents of an individual described by Subdivisions (1)-(3).
(e)  The post exchange services account is a company fund under Section 431.014 and may be used in a manner authorized by the General Appropriations Act for local funds. The post exchange services account is exempt from the application of Sections 403.095 and 404.071. The account consists of:
(1)  money received from the operation of post exchanges created under this section; and
(2)  all interest attributable to money held in the account.
(f)  A post exchange created under this section may sell goods and services, including beer and wine but not distilled spirits, for off-premises consumption if the operator of the exchange holds the appropriate license or permit issued by the Texas Alcoholic Beverage Commission. The licensee or permittee shall comply in all respects with the provisions of the Alcoholic Beverage Code and the rules of the Texas Alcoholic Beverage Commission.
(g)  Chapter 94, Human Resources Code, does not apply to vending facilities operated at a post exchange.
SECTION 2.  Subchapter H, Chapter 151, Tax Code, is amended by adding Section 151.344 to read as follows:
Sec. 151.344.  POST EXCHANGES ON STATE MILITARY PROPERTY. (a)  A taxable item sold, leased, or rented to, or stored, used, or consumed by, a post exchange under Section 431.040, Government Code, is exempt from the taxes imposed by this chapter.
(b)  A taxable item sold, leased, or rented by a post exchange under Section 431.040, Government Code, is exempt from the taxes imposed by this chapter.
SECTION 3.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.

The amendment was read.

Senator Van de Putte moved to concur in the House amendment to SB 1732.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1185 WITH HOUSE AMENDMENT

Senator Nichols called SB 1185 from the President's table for consideration of the House amendment to the bill.
The President Pro Tempore laid the bill and the House amendment before the Senate.

Amendment

Amend SB 1185 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain counties to impose a hotel occupancy tax for the operation and maintenance of a fairground in the county.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 352.002, Tax Code, is amended by adding Subsection (o) to read as follows:
(o)  The commissioners court of a county that has a population of 65,000 or more and that is bordered by the Neches and Trinity Rivers may impose a tax as provided by Subsection (a).
SECTION 2.  Section 352.003, Tax Code, is amended by adding Subsection (n) to read as follows:
(n)  The tax rate in a county authorized to impose the tax under Section 352.002(o) may not exceed two percent of the price paid for a room in a hotel.
SECTION 3.  Subchapter B, Chapter 352, Tax Code, is amended by adding Section 352.1037 to read as follows:
Sec. 352.1037.  USE OF REVENUE: CERTAIN COUNTIES BORDERING NECHES AND TRINITY RIVERS. The revenue from a tax imposed under this chapter by a county authorized to impose the tax under Section 352.002(o) may be used only to operate and maintain a fairground in the county that has a substantial impact on tourism and hotel activity.
SECTION 4.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.

The amendment was read.

Senator Nichols moved to concur in the House amendment to SB 1185.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 391 WITH HOUSE AMENDMENT

Senator Patrick called SB 391 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Amendment

Amend SB 391 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the provision of electronic samples of a textbook adopted by the State Board of Education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 31.022, Education Code, is amended by adding Subsection (d-1) to read as follows:
(d-1)  A notice published under Subsection (d) must state that a publisher of an adopted textbook for a grade level other than prekindergarten must submit an electronic sample of the textbook as required by Sections 31.027(a) and (b) and may not submit a print sample copy.
SECTION 2.  The heading to Section 31.027, Education Code, is amended to read as follows:
Sec. 31.027.  INFORMATION TO SCHOOL DISTRICTS; ELECTRONIC SAMPLE [COPIES].
SECTION 3.  Sections 31.027(a) and (b), Education Code, are amended to read as follows:
(a)  A publisher shall provide each school district and open-enrollment charter school with information that fully describes each of the publisher's adopted textbooks. On request of a school district, a publisher shall provide an electronic [a] sample [copy] of an adopted textbook.
(b)  A publisher shall provide an electronic [at least two] sample [copies] of each adopted textbook to be maintained at each regional education service center.
SECTION 4.  This Act takes effect September 1, 2011.

The amendment was read.

Senator Patrick moved to concur in the House amendment to SB 391.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 981 WITH HOUSE AMENDMENTS

Senator Carona called SB 981 from the President's table for consideration of the House amendments to the bill.

The President Pro Tempore laid the bill and the House amendments before the Senate.

Amendment

Amend SB 981 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the regulation of distributed renewable generation of electricity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 39.916(a)(2), Utilities Code, is amended to read as follows:
(2)  "Distributed renewable generation owner" means:
(A)  the owner of distributed renewable generation; or
(B)  a retail electric customer who contracts with another person to finance, install, or maintain distributed renewable generation on the customer's side of the meter, regardless of whether the customer takes ownership of the installed distributed renewable generation.
SECTION 2.  Section 39.916, Utilities Code, is amended by adding Subsection (d-1) to read as follows:
(d-1)  If, at the time distributed renewable generation is installed on a retail electric customer's side of the meter, the estimated annual amount of electric energy to be produced by the distributed renewable generation is less than or equal to the customer's estimated annual electric energy consumption, the commission may not:
(1)  consider the distributed renewable generation owner to be an electric utility, a power generation company, or a retail electric provider; or
(2)  require the distributed renewable generation owner to register with or to be certified by the commission.
SECTION 3.  This Act takes effect September 1, 2011.

Floor Amendment No. 1

Amend CSSB 981 (house committee printing) by striking SECTION 2 of the bill (page 1, line 15, through page 2, line 3) and substituting the following:
SECTION 2.  Section 39.916, Utilities Code, is amended by adding Subsection (k) to read as follows:
(k)  Neither a retail electric customer that uses distributed renewable generation nor the owner of the distributed renewable generation that the retail electric customer uses is an electric utility, power generation company, or retail electric provider for the purposes of this title and neither is required to register with or be certified by the commission if at the time distributed renewable generation is installed, the estimated annual amount of electricity to be produced by the distributed renewable generation is less than or equal to the retail electric customer's estimated annual electricity consumption.

Floor Amendment No. 2

Amend CSSB 981 (house committee printing) in SECTION 1 of the bill, in amended Section 39.916(a), Utilities Code, by striking Subdivision (2) (page 1, lines 7-14) and substituting the following:
(2)  "Distributed renewable generation owner" means:
(A)  an [the] owner of distributed renewable generation;
(B)  a retail electric customer on whose side of the meter distributed renewable generation is installed and operated, regardless of whether the customer takes ownership of the distributed renewable generation; or
(C)  a person who by contract is assigned ownership rights to energy produced from distributed renewable generation located at the premises of the customer on the customer's side of the meter.

The amendments were read.
Senator Carona moved to concur in the House amendments to SB 981.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 663 WITH HOUSE AMENDMENT

Senator Nichols called SB 663 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SB 663 (house committee printing) as follows:
(1)  In SECTION 9 of the bill, in proposed Section 402.1022, Occupations Code (page 6, line 25), strike "(a)".
(2)  In SECTION 9 of the bill, in proposed Section 402.1022, Occupations Code (page 7, lines 2-5), strike proposed Subsection (b) of that section.

The amendment was read.

Senator Nichols moved to concur in the House amendment to SB 663.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 498 WITH HOUSE AMENDMENTS

Senator Jackson called SB 498 from the President's table for consideration of the House amendments to the bill.

The President Pro Tempore laid the bill and the House amendments before the Senate.

Floor Amendment No. 1

Amend SB 498 (house committee printing) as follows:
(j)  The commission by rule may set and the department may [not] charge a fee not to exceed $300 for a white-tailed deer trapping and transporting permit issued under this section, except that the department may not charge a fee for a permit issued to a political subdivision or property owners' association if the deer pose a threat to human health or safety.

Floor Amendment No. 1 on Third Reading

Amend SB 498 on third reading as follows:
(1)  Strike the recital to SECTION 1 of the bill and substitute the following:
SECTION 1.  Sections 43.0612(a)-(i) and (k), Parks and Wildlife Code, are amended to read as follows:
(2)  Strike amended Section 43.0612(j), Parks and Wildlife Code.

The amendments were read.

Senator Jackson moved to concur in the House amendments to SB 498.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 844 WITH HOUSE AMENDMENT

Senator Patrick called SB 844 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Amendment

Amend SB 844 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the offense of escape from custody by a person lawfully detained.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Sections 38.06(a) and (c), Penal Code, are amended to read as follows:
(a)  A person commits an offense if the person [he] escapes from custody when the person [he] is:
(1)  under arrest for, lawfully detained for, charged with, or convicted of an offense;
(2)  in custody pursuant to a lawful order of a court;
(3)  detained in a secure detention facility, as that term is defined by Section 51.02, Family Code; or
(4)  in the custody of a juvenile probation officer for violating an order imposed by the juvenile court under Section 52.01, Family Code.
(c)  An offense under this section is a felony of the third degree if the actor:
(1)  is under arrest for, charged with, or convicted of a felony;
(2)  is confined or lawfully detained in a secure correctional facility or law enforcement facility; or
(3)  is committed to or lawfully detained in a secure correctional facility, as defined by Section 51.02, Family Code, other than a halfway house, operated by or under contract with the Texas Youth Commission.
SECTION 2.  The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.
SECTION 3.  This Act takes effect September 1, 2011.

The amendment was read.

Senator Patrick moved to concur in the House amendment to SB 844.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1250 WITH HOUSE AMENDMENT

Senator Lucio called SB 1250 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Amendment

Amend SB 1250 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the applicability of certain restrictions on the location and operation of concrete crushing facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 382.065(b), Health and Safety Code, is amended to read as follows:
(b)  Subsection (a) does not apply to a concrete crushing facility:
(1)  at a location for which commission authorization for the operation of a concrete crushing facility was in effect on September 1, 2001; [or]
(2)  at a location that satisfies the distance requirements of Subsection (a) at the time the application for the initial authorization for the operation of that facility at that location is filed with the commission, provided that the authorization is granted and maintained, regardless of whether a single or multifamily residence, school, or place of worship is subsequently built or put to use within 440 yards of the facility; or
(3)  that:
(A)  uses a concrete crusher:
(i)  in the manufacture of products that contain recycled materials; and
(ii)  that is located in an enclosed building; and
(B)  is located:
(i)  within 25 miles of an international border; and
(ii)  in a municipality with a population of not less than 6,100 but not more than 20,000.
SECTION 2.  This Act takes effect September 1, 2011.

The amendment was read.

Senator Lucio moved to concur in the House amendment to SB 1250.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1048 WITH HOUSE AMENDMENTS

Senator Jackson called SB 1048 from the President's table for consideration of the House amendments to the bill.

The President Pro Tempore laid the bill and the House amendments before the Senate.

Amendment

Amend SB 1048 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the creation of public and private facilities and infrastructure.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subtitle F, Title 10, Government Code, is amended by adding Chapters 2267 and 2268 to read as follows:
CHAPTER 2267. PUBLIC AND PRIVATE FACILITIES AND INFRASTRUCTURE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2267.001.  DEFINITIONS. In this chapter:
(1)  "Affected jurisdiction" means any county or municipality in which all or a portion of a qualifying project is located.
(2)  "Comprehensive agreement" means the comprehensive agreement authorized by Section 2267.058 between the contracting person and the responsible governmental entity.
(3)  "Contracting person" means a person who enters into a comprehensive or interim agreement with a responsible governmental entity under this chapter.
(4)  "Develop" means to plan, design, develop, finance, lease, acquire, install, construct, or expand a qualifying project.
(5)  "Governmental entity" means:
(A)  a board, commission, department, or other agency of this state, including an institution of higher education as defined by Section 61.003, Education Code, that elects to operate under this chapter through the adoption of a resolution by the institution's board of regents; and
(B)  a political subdivision of this state that elects to operate under this chapter by the adoption of a resolution by the governing body of the political subdivision.
(6)  "Interim agreement" means an agreement authorized by Section 2267.059 between a contracting person and a responsible governmental entity that proposes the development or operation of the qualifying project.
(7)  "Lease payment" means any form of payment, including a land lease, by a governmental entity to the contracting person for the use of a qualifying project.
(8)  "Material default" means any default by a contracting person in the performance of duties imposed under Section 2267.057(f) that jeopardizes adequate service to the public from a qualifying project.
(9)  "Operate" means to finance, maintain, improve, equip, modify, repair, or operate a qualifying project.
(10)  "Qualifying project" means:
(A)  any ferry, mass transit facility, vehicle parking facility, port facility, power generation facility, fuel supply facility, oil or gas pipeline, water supply facility, public work, waste treatment facility, hospital, school, medical or nursing care facility, recreational facility, public building, or other similar facility currently available or to be made available to a governmental entity for public use, including any structure, parking area, appurtenance, and other property required to operate the structure or facility and any technology infrastructure installed in the structure or facility that is essential to the project's purpose; or
(B)  any improvements necessary or desirable to unimproved real estate owned by a governmental entity.
(11)  "Responsible governmental entity" means a governmental entity that has the power to develop or operate an applicable qualifying project.
(12)  "Revenue" means all revenue, income, earnings, user fees, lease payments, or other service payments that support the development or operation of a qualifying project, including money received as a grant or otherwise from the federal government, a governmental entity, or any agency or instrumentality of the federal government or governmental entity in aid of the project.
(13)  "Service contract" means a contract between a governmental entity and a contracting person under Section 2267.054.
(14)  "Service payment" means a payment to a contracting person of a qualifying project under a service contract.
(15)  "User fee" means a rate, fee, or other charge imposed by a contracting person for the use of all or part of a qualifying project under a comprehensive agreement.
Sec. 2267.002.  DECLARATION OF PUBLIC PURPOSE; CONSTRUCTION OF CHAPTER. (a)  The legislature finds that:
(1)  there is a public need for timely acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, operation, implementation, and installation of education facilities, technology and other public infrastructure, and government facilities in this state that serve a public need and purpose;
(2)  the public need may not be wholly satisfied by existing methods of procurement in which qualifying projects are acquired, designed, constructed, improved, renovated, expanded, equipped, maintained, operated, implemented, or installed;
(3)  there are inadequate resources to develop new education facilities, technology and other public infrastructure, and government facilities for the benefit of the citizens of this state, and there is demonstrated evidence that partnerships between public entities and private entities or other persons can meet these needs by improving the schedule for delivery, lowering the cost, and providing other benefits to the public;
(4)  financial incentives exist under state and federal tax provisions that encourage public entities to enter into partnerships with private entities or other persons to develop qualifying projects; and
(5)  authorizing private entities or other persons to develop or operate one or more qualifying projects may serve the public safety, benefit, and welfare by making the projects available to the public in a more timely or less costly fashion.
(b)  An action authorized under Section 2267.053 serves the public purpose of this chapter if the action facilitates the timely development or operation of a qualifying project.
(c)  The purposes of this chapter include:
(1)  encouraging investment in this state by private entities and other persons;
(2)  facilitating bond financing or other similar financing mechanisms, private capital, and other funding sources that support the development or operation of qualifying projects in order to expand and accelerate financing for qualifying projects that improve and add to the convenience of the public; and
(3)  providing governmental entities with the greatest possible flexibility in contracting with private entities or other persons to provide public services through qualifying projects subject to this chapter.
(d)  This chapter shall be liberally construed in conformity with the purposes of this section.
(e)  The procedures in this chapter are not exclusive. This chapter does not prohibit a responsible governmental entity from entering into an agreement for or procuring public and private facilities and infrastructure under other authority.
Sec. 2267.003.  APPLICABILITY. This chapter does not apply to:
(1)  the financing, design, construction, maintenance, or operation of a highway in the state highway system;
(2)  a transportation authority created under Chapter 451, 452, 453, or 460, Transportation Code; or
(3)  any telecommunications, cable television, video service, or broadband infrastructure other than technology installed as part of a qualifying project that is essential to the project.
Sec. 2267.004.  APPLICABILITY OF EMINENT DOMAIN LAW. This chapter does not alter the eminent domain laws of this state or grant the power of eminent domain to any person who is not expressly granted that power under other state law.
[Sections 2267.005-2267.050 reserved for expansion]
SUBCHAPTER B. QUALIFYING PROJECTS
Sec. 2267.051.  APPROVAL REQUIRED; SUBMISSION OF PROPOSAL FOR QUALIFYING PROJECT. (a)  A person may not develop or operate a qualifying project unless the person obtains the approval of and contracts with the responsible governmental entity under this chapter. The person may initiate the approval process by submitting a proposal requesting approval under Section 2267.053(a), or the responsible governmental entity may request proposals or invite bids under Section 2267.053(b).
(b)  A person submitting a proposal requesting approval of a qualifying project shall specifically and conceptually identify any facility, building, infrastructure, or improvement included in the proposal as a part of the qualifying project.
(c)  On receipt of a proposal submitted by a person initiating the approval process under Section 2267.053(a), the responsible governmental entity shall determine whether to accept the proposal for consideration in accordance with Sections 2267.052 and 2267.065 and the guidelines adopted under those sections. A responsible governmental entity that determines not to accept the proposal for consideration shall return the proposal, all fees, and the accompanying documentation to the person submitting the proposal.
(d)  The responsible governmental entity may at any time reject a proposal initiated by a person under Section 2267.053(a).
Sec. 2267.052.  ADOPTION OF GUIDELINES BY RESPONSIBLE GOVERNMENTAL ENTITIES. (a)  Before requesting or considering a proposal for a qualifying project, a responsible governmental entity must adopt and make publicly available guidelines that enable the governmental entity to comply with this chapter. The guidelines must be reasonable, encourage competition, and guide the selection of projects under the purview of the responsible governmental entity.
(b)  The guidelines for a responsible governmental entity described by Section 2267.001(5)(A) must:
(1)  require the responsible governmental entity to:
(A)  make a representative of the entity available to meet with persons who are considering submitting a proposal; and
(B)  provide notice of the representative's availability;
(2)  provide reasonable criteria for choosing among competing proposals;
(3)  contain suggested timelines for selecting proposals and negotiating an interim or comprehensive agreement;
(4)  allow the responsible governmental entity to accelerate the selection, review, and documentation timelines for proposals involving a qualifying project considered a priority by the entity;
(5)  include financial review and analysis procedures that at a minimum consist of:
(A)  a cost-benefit analysis;
(B)  an assessment of opportunity cost;
(C)  consideration of the degree to which functionality and services similar to the functionality and services to be provided by the proposed project are already available in the private market; and
(D)  consideration of the results of all studies and analyses related to the proposed qualifying project;
(6)  allow the responsible governmental entity to consider the nonfinancial benefits of a proposed qualifying project;
(7)  include criteria for:
(A)  the qualifying project, including the scope, costs, and duration of the project and the involvement or impact of the project on multiple public entities;
(B)  the creation of and the responsibilities of an oversight committee, with members representing the responsible governmental entity, that acts as an advisory committee to review the terms of any proposed interim or comprehensive agreement; and
(C)  compliance with the requirements of Chapter 2268;
(8)  require the responsible governmental entity to analyze the adequacy of the information to be released by the entity when seeking competing proposals and require that the entity provide more detailed information, if the entity determines necessary, to encourage competition, subject to Section 2267.053(g);
(9)  establish criteria, key decision points, and approvals required to ensure that the responsible governmental entity considers the extent of competition before selecting proposals and negotiating an interim or comprehensive agreement; and
(10)  require the posting and publishing of public notice of a proposal requesting approval of a qualifying project, including:
(A)  specific information and documentation regarding the nature, timing, and scope of the qualifying project, as required under Section 2267.053(a);
(B)  a reasonable period of not less than 45 days, as determined by the responsible governmental entity, to encourage competition and partnerships with private entities and other persons in accordance with the goals of this chapter, during which the responsible governmental entity must accept submission of competing proposals for the qualifying project; and
(C)  a requirement for advertising the notice on the governmental entity's Internet website and on TexasOnline or the state's official Internet website.
(c)  The guidelines of a responsible governmental entity described by Section 2267.001(5)(B):
(1)  may include the provisions required under Subsection (b); and
(2)  must include a requirement that the governmental entity engage the services of qualified professionals, including an architect, professional engineer, or certified public accountant, not otherwise employed by the governmental entity, to provide independent analyses regarding the specifics, advantages, disadvantages, and long-term and short-term costs of any proposal requesting approval of a qualifying project unless the governing body of the governmental entity determines that the analysis of the proposal is to be performed by employees of the governmental entity.
Sec. 2267.053.  APPROVAL OF QUALIFYING PROJECTS BY RESPONSIBLE GOVERNMENTAL ENTITY. (a)  A private entity or other person may submit a proposal requesting approval of a qualifying project by the responsible governmental entity. The proposal must be accompanied by the following, unless waived by the responsible governmental entity:
(1)  a topographic map, with a 1:2,000 or other appropriate scale, indicating the location of the qualifying project;
(2)  a description of the qualifying project, including:
(A)  the conceptual design of any facility or a conceptual plan for the provision of services or technology infrastructure; and
(B)  a schedule for the initiation of and completion of the qualifying project that includes the proposed major responsibilities and timeline for activities to be performed by the governmental entity and the person;
(3)  a statement of the method the person proposes for securing necessary property interests required for the qualifying project;
(4)  information relating to any current plans for the development of facilities or technology infrastructure to be used by a governmental entity that are similar to the qualifying project being proposed by the person for each affected jurisdiction;
(5)  a list of all permits and approvals required for the development and completion of the qualifying project from local, state, or federal agencies and a projected schedule for obtaining the permits and approvals;
(6)  a list of any facilities that will be affected by the qualifying project and a statement of the person's plans to accommodate the affected facilities;
(7)  a statement on the person's general plans for financing the qualifying project, including the sources of the person's funds and identification of any dedicated revenue source or proposed debt or equity investment for the person;
(8)  the name and address of each individual who may be contacted for further information concerning the request;
(9)  user fees, lease payments, and other service payments over the term of any applicable interim or comprehensive agreement and the methodology and circumstances for changes to the user fees, lease payments, and other service payments over time; and
(10)  any additional material and information the responsible governmental entity reasonably requests.
(b)  A responsible governmental entity may request proposals or invite bids from persons for the development or operation of a qualifying project. A responsible governmental entity shall consider the total project cost as one factor in evaluating the proposals received, but is not required to select the proposal that offers the lowest total project cost. The responsible governmental entity may consider the following factors:
(1)  the proposed cost of the qualifying project;
(2)  the general reputation, industry experience, and financial capacity of the person submitting a proposal;
(3)  the proposed design of the qualifying project;
(4)  the eligibility of the project for accelerated selection, review, and documentation timelines under the responsible governmental entity's guidelines;
(5)  comments from local citizens and affected jurisdictions;
(6)  benefits to the public;
(7)  the person's good faith effort to comply with the goals of a historically underutilized business plan;
(8)  the person's plans to employ local contractors and residents;
(9)  for a qualifying project that involves a continuing role beyond design and construction, the person's proposed rate of return and opportunities for revenue sharing; and
(10)  other criteria that the responsible governmental entity considers appropriate.
(c)  The responsible governmental entity may approve as a qualifying project the development or operation of a facility needed by the governmental entity, or the design or equipping of a qualifying project, if the responsible governmental entity determines that the project serves the public purpose of this chapter. The responsible governmental entity may determine that the development or operation of the project as a qualifying project serves the public purpose if:
(1)  there is a public need for or benefit derived from the project of the type the person proposes as a qualifying project;
(2)  the estimated cost of the project is reasonable in relation to similar facilities; and
(3)  the person's plans will result in the timely development or operation of the qualifying project.
(d)  The responsible governmental entity may charge a reasonable fee to cover the costs of processing, reviewing, and evaluating the proposal, including reasonable legal fees and fees for financial, technical, and other necessary advisors or consultants.
(e)  The approval of a responsible governmental entity described by Section 2267.001(5)(A) is subject to the private entity or other person entering into an interim or comprehensive agreement with the responsible governmental entity.
(f)  On approval of the qualifying project, the responsible governmental entity shall establish a date by which activities related to the qualifying project must begin. The responsible governmental entity may extend the date.
(g)  The responsible governmental entity shall take action appropriate under Section 552.153 to protect confidential and proprietary information provided by the contracting person under an agreement.
(h)  Before entering into the negotiation of an interim or comprehensive agreement, each responsible governmental entity described by Section 2267.001(5)(A) must submit copies of detailed proposals to the Partnership Advisory Commission in accordance with Chapter 2268.
(i)  This chapter and an interim or comprehensive agreement entered into under this chapter do not enlarge, diminish, or affect any authority a responsible governmental entity has to take action that would impact the debt capacity of this state.
Sec. 2267.054.  SERVICE CONTRACTS. A responsible governmental entity may contract with a contracting person for the delivery of services to be provided as part of a qualifying project in exchange for service payments and other consideration as the governmental entity considers appropriate.
Sec. 2267.055.  AFFECTED JURISDICTIONS. (a)  A person submitting a proposal to a responsible governmental entity under Section 2267.053 shall notify each affected jurisdiction by providing a copy of its proposal to the affected jurisdiction.
(b)  Not later than the 60th day after the date an affected jurisdiction receives the notice required by Subsection (a), the affected jurisdiction that is not the responsible governmental entity for the respective qualifying project shall submit in writing to the responsible governmental entity any comments the affected jurisdiction has on the proposed qualifying project and indicate whether the facility or project is compatible with the local comprehensive plan, local infrastructure development plans, the capital improvements budget, or other government spending plan. The responsible governmental entity shall consider the submitted comments before entering into a comprehensive agreement with a contracting person.
Sec. 2267.056.  DEDICATION AND CONVEYANCE OF PUBLIC PROPERTY. (a)  After obtaining any appraisal of the property interest that is required under other law in connection with the conveyance, a governmental entity may dedicate any property interest, including land, improvements, and tangible personal property, for public use in a qualifying project if the governmental entity finds that the dedication will serve the public purpose of this chapter by minimizing the cost of a qualifying project to the governmental entity or reducing the delivery time of a qualifying project.
(b)  In connection with a dedication under Subsection (a), a governmental entity may convey any property interest, including a license, franchise, easement, or another right or interest the governmental entity considers appropriate, subject to the conditions imposed by general law governing such conveyance and subject to the rights of an existing utility under a license, franchise, easement, or other right under law, to the contracting person for the consideration determined by the governmental entity. The consideration may include the agreement of the contracting person to develop or operate the qualifying project.
Sec. 2267.057.  POWERS AND DUTIES OF CONTRACTING PERSON. (a)  The contracting person has:
(1)  the power granted by:
(A)  general law to a person that has the same form of organization as the contracting person; and
(B)  a statute governing the business or activity of the contracting person; and
(2)  the power to:
(A)  develop or operate the qualifying project; and
(B)  collect lease payments, impose user fees subject to Subsection (b), or enter into service contracts in connection with the use of the project.
(b)  The contracting person may not impose a user fee or increase the amount of a user fee until the fee or increase is approved by the responsible governmental entity.
(c)  The contracting person may own, lease, or acquire any other right to use or operate the qualifying project.
(d)  The contracting person may finance a qualifying project in the amounts and on the terms determined by the contracting person. The contracting person may issue debt, equity, or other securities or obligations, enter into sale and leaseback transactions, and secure any financing with a pledge of, security interest in, or lien on any or all of its property, including all of its property interests in the qualifying project.
(e)  In operating the qualifying project, the contracting person may:
(1)  establish classifications according to reasonable categories for assessment of user fees; and
(2)  with the consent of the responsible governmental entity, adopt and enforce reasonable rules for the qualifying project to the same extent as the responsible governmental entity.
(f)  The contracting person shall:
(1)  develop or operate the qualifying project in a manner that is acceptable to the responsible governmental entity and in accordance with any applicable interim or comprehensive agreement;
(2)  subject to Subsection (g), keep the qualifying project open for use by the public at all times, or as appropriate based on the use of the project, after its initial opening on payment of the applicable user fees, lease payments, or service payments;
(3)  maintain, or provide by contract for the maintenance or upgrade of, the qualifying project, if required by any applicable interim or comprehensive agreement;
(4)  cooperate with the responsible governmental entity to establish any interconnection with the qualifying project requested by the responsible governmental entity; and
(5)  comply with any applicable interim or comprehensive agreement and any lease or service contract.
(g)  The qualifying project may be temporarily closed because of emergencies or, with the consent of the responsible governmental entity, to protect public safety or for reasonable construction or maintenance activities.
(h)  This chapter does not prohibit a contracting person of a qualifying project from providing additional services for the qualifying project to the public or persons other than the responsible governmental entity, provided that the provision of additional service does not impair the contracting person's ability to meet the person's commitments to the responsible governmental entity under any applicable interim or comprehensive agreement.
Sec. 2267.058.  COMPREHENSIVE AGREEMENT. (a)  Before developing or operating the qualifying project, the contracting person must enter into a comprehensive agreement with a responsible governmental entity. The comprehensive agreement shall provide for:
(1)  delivery of letters of credit or other security in connection with the development or operation of the qualifying project, in the forms and amounts satisfactory to the responsible governmental entity, and delivery of performance and payment bonds in compliance with Chapter 2253 for all construction activities;
(2)  review of plans and specifications for the qualifying project by the responsible governmental entity and approval by the responsible governmental entity if the plans and specifications conform to standards acceptable to the responsible governmental entity, except that the contracting person may not be required to complete the design of a qualifying project before the execution of a comprehensive agreement;
(3)  inspection of the qualifying project by the responsible governmental entity to ensure that the contracting person's activities are acceptable to the responsible governmental entity in accordance with the comprehensive agreement;
(4)  maintenance of a public liability insurance policy, copies of which must be filed with the responsible governmental entity accompanied by proofs of coverage, or self-insurance, each in the form and amount satisfactory to the responsible governmental entity and reasonably sufficient to ensure coverage of tort liability to the public and project employees and to enable the continued operation of the qualifying project;
(5)  monitoring of the practices of the contracting person by the responsible governmental entity to ensure that the qualifying project is properly maintained;
(6)  reimbursement to be paid to the responsible governmental entity for services provided by the responsible governmental entity;
(7)  filing of appropriate financial statements on a periodic basis; and
(8)  policies and procedures governing the rights and responsibilities of the responsible governmental entity and the contracting person if the comprehensive agreement is terminated or there is a material default by the contracting person, including conditions governing:
(A)  assumption of the duties and responsibilities of the contracting person by the responsible governmental entity; and
(B)  the transfer or purchase of property or other interests of the contracting person to the responsible governmental entity.
(b)  The comprehensive agreement shall provide for any user fee, lease payment, or service payment established by agreement of the parties. In negotiating a user fee under this section, the parties shall establish a payment or fee that is the same for persons using a facility of the qualifying project under like conditions and that will not materially discourage use of the qualifying project. The execution of the comprehensive agreement or an amendment to the agreement is conclusive evidence that the user fee, lease payment, or service payment complies with this chapter. A user fee or lease payment established in the comprehensive agreement as a source of revenue may be in addition to, or in lieu of, a service payment.
(c)  A comprehensive agreement may include a provision that authorizes the responsible governmental entity to make grants or loans to the contracting person from money received from the federal, state, or local government or any agency or instrumentality of the government.
(d)  The comprehensive agreement must incorporate the duties of the contracting person under this chapter and may contain terms the responsible governmental entity determines serve the public purpose of this chapter. The comprehensive agreement may contain:
(1)  provisions that require the responsible governmental entity to provide notice of default and cure rights for the benefit of the contracting person and the persons specified in the agreement as providing financing for the qualifying project;
(2)  other lawful terms to which the contracting person and the responsible governmental entity mutually agree, including provisions regarding unavoidable delays or providing for a loan of public money to the contracting person to develop or operate one or more qualifying projects; and
(3)  provisions in which the authority and duties of the contracting person under this chapter cease and the qualifying project is dedicated for public use to the responsible governmental entity or, if the qualifying project was initially dedicated by an affected jurisdiction, to the affected jurisdiction.
(e)  Any change in the terms of the comprehensive agreement that the parties agree to must be added to the comprehensive agreement by written amendment.
(f)  The comprehensive agreement may provide for the development or operation of phases or segments of the qualifying project.
Sec. 2267.059.  INTERIM AGREEMENT. Before or in connection with the negotiation of the comprehensive agreement, the responsible governmental entity may enter into an interim agreement with the contracting person proposing the development or operation of the qualifying project. The interim agreement may:
(1)  authorize the contracting person to begin project phases or activities for which the contracting person may be compensated relating to the proposed qualifying project, including project planning and development, design, engineering, environmental analysis and mitigation, surveying, and financial and revenue analysis, including ascertaining the availability of financing for the proposed facility or facilities of the qualifying project;
(2)  establish the process and timing of the negotiation of the comprehensive agreement; and
(3)  contain any other provision related to any aspect of the development or operation of a qualifying project that the parties consider appropriate.
Sec. 2267.060.  FEDERAL, STATE, AND LOCAL ASSISTANCE. (a)  The contracting person and the responsible governmental entity may use any funding resources that are available to the parties, including:
(1)  accessing any designated trust funds; and
(2)  borrowing or accepting grants from any state infrastructure bank.
(b)  The responsible governmental entity may take any action to obtain federal, state, or local assistance for a qualifying project that serves the public purpose of this chapter and may enter into any contracts required to receive the assistance.
(c)  If the responsible governmental entity is a state agency, any money received from the state or federal government or any agency or instrumentality of the state or federal government is subject to appropriation by the legislature.
(d)  The responsible governmental entity may determine that it serves the public purpose of this chapter for all or part of the costs of a qualifying project to be directly or indirectly paid from the proceeds of a grant or loan made by the local, state, or federal government or any agency or instrumentality of the government.
Sec. 2267.061.  MATERIAL DEFAULT; REMEDIES. (a)  If the contracting person commits a material default, the responsible governmental entity may assume the responsibilities and duties of the contracting person of the qualifying project. If the responsible governmental entity assumes the responsibilities and duties of the contracting person, the responsible governmental entity has all the rights, title, and interest in the qualifying project, subject to any liens on revenue previously granted by the contracting person to any person providing financing for the project.
(b)  A responsible governmental entity that has the power of eminent domain under state law may exercise that power to acquire the qualifying project in the event of a material default by the contracting person. Any person who has provided financing for the qualifying project, and the contracting person to the extent of its capital investment, may participate in the eminent domain proceedings with the standing of a property owner.
(c)  The responsible governmental entity may terminate, with cause, any applicable interim or comprehensive agreement and exercise any other rights and remedies available to the governmental entity at law or in equity.
(d)  The responsible governmental entity may make any appropriate claim under the letters of credit or other security or the performance and payment bonds required by Section 2267.058(a)(1).
(e)  If the responsible governmental entity elects to assume the responsibilities and duties for a qualifying project under Subsection (a), the responsible governmental entity may:
(1)  develop or operate the qualifying project;
(2)  impose user fees;
(3)  impose and collect lease payments for the use of the project; and
(4)  comply with any applicable contract to provide services.
(f)  The responsible governmental entity shall collect and pay to secured parties any revenue subject to a lien to the extent necessary to satisfy the contracting person's obligations to secured parties, including the maintenance of reserves. The liens shall be correspondingly reduced and, when paid off, released.
(g)  Before any payment is made to or for the benefit of a secured party, the responsible governmental entity may use revenue to pay the current operation and maintenance costs of the qualifying project, including compensation to the responsible governmental entity for its services in operating and maintaining the qualifying project. The right to receive any payment is considered just compensation for the qualifying project.
(h)  The full faith and credit of the responsible governmental entity may not be pledged to secure any financing of the contracting person that was assumed by the governmental entity when the governmental entity assumed responsibility for the qualifying project.
Sec. 2267.062.  EMINENT DOMAIN. (a)  At the request of the contracting person, the responsible governmental entity may exercise any power of eminent domain that it has under law to acquire any land or property interest to the extent that the responsible governmental entity dedicates the land or property interest to public use and finds that the action serves the public purpose of this chapter.
(b)  Any amounts to be paid in any eminent domain proceeding shall be paid by the contracting person.
Sec. 2267.063.  AFFECTED FACILITY OWNER. (a)  The contracting person and each facility owner, including a public utility, a public service company, or a cable television provider, whose facilities will be affected by a qualifying project shall cooperate fully in planning and arranging the manner in which the facilities will be affected.
(b)  The contracting person and responsible governmental entity shall ensure that a facility owner whose facility will be affected by a qualifying project does not suffer a disruption of service as a result of the construction or improvement of the qualifying project.
(c)  A governmental entity possessing the power of eminent domain may exercise that power in connection with the relocation of facilities affected by the qualifying project or facilities that must be relocated to the extent that the relocation is necessary or desirable by construction of, renovation to, or improvements to the qualifying project, which includes construction of, renovation to, or improvements to temporary facilities to provide service during the period of construction or improvement. The governmental entity shall exercise its power of eminent domain to the extent required to ensure an affected facility owner does not suffer a disruption of service as a result of the construction or improvement of the qualifying project during the construction or improvement or after the qualifying project is completed or improved.
(d)  The contracting person shall pay any amount owed for the crossing, constructing, or relocating of facilities.
Sec. 2267.064.  POLICE POWERS; VIOLATIONS OF LAW. A peace officer of this state or of any affected jurisdiction has the same powers and jurisdiction within the area of the qualifying project as the officer has in the officer's area of jurisdiction. The officer may access the qualifying project at any time to exercise the officer's powers and jurisdiction.
Sec. 2267.065.  PROCUREMENT GUIDELINES. (a)  Chapters 2155, 2156, and 2166, any interpretations, rules, or guidelines of the comptroller and the Texas Facilities Commission, and interpretations, rules, or guidelines developed under Chapter 2262 do not apply to a qualifying project under this chapter.
(b)  A responsible governmental entity may enter into a comprehensive agreement only in accordance with guidelines that require the contracting person to design and construct the qualifying project in accordance with procedures that do not materially conflict with those specified in:
(1)  Section 2166.2531;
(2)  Section 44.036, Education Code;
(3)  Section 271.119, Local Government Code; or
(4)  Subchapter J, Chapter 271, Local Government Code, for civil works projects as defined by Section 271.181(2), Local Government Code.
(c)  This chapter does not authorize a responsible governmental entity or a contracting person to obtain professional services through any process except in accordance with Subchapter A, Chapter 2254.
(d)  Identified team members, including the architect, engineer, or builder, may not be substituted or replaced once a project is approved and an interim or comprehensive agreement is executed without the written approval of the responsible governmental entity.
Sec. 2267.066.  POSTING OF PROPOSALS; PUBLIC COMMENT; PUBLIC ACCESS TO PROCUREMENT RECORDS. (a)  Not later than the 10th day after the date a responsible governmental entity accepts a proposal submitted in accordance with Section 2267.053(a) or (b), the responsible governmental entity shall provide notice of the proposal as follows:
(1)  for a responsible governmental entity described by Section 2267.001(5)(A), by posting the proposal on the entity's Internet website; and
(2)  for a responsible governmental entity described by Section 2267.001(5)(B), by:
(A)  posting a copy of the proposal on the entity's Internet website; or
(B)  publishing in a newspaper of general circulation in the area in which the qualifying project is to be performed a summary of the proposal and the location where copies of the proposal are available for public inspection.
(b)  The responsible governmental entity shall make available for public inspection at least one copy of the proposal. This section does not prohibit the responsible governmental entity from posting the proposal in another manner considered appropriate by the responsible governmental entity to provide maximum notice to the public of the opportunity to inspect the proposal.
(c)  Trade secrets, financial records, or other records of the contracting person excluded from disclosure under Section 552.101 may not be posted or made available for public inspection except as otherwise agreed to by the responsible governmental entity and the contracting person.
(d)  The responsible governmental entity shall hold a public hearing on the proposal during the proposal review process not later than the 30th day before the date the entity enters into an interim or comprehensive agreement.
(e)  On completion of the negotiation phase for the development of an interim or comprehensive agreement and before an interim agreement or comprehensive agreement is entered into, a responsible governmental entity must make available the proposed agreement in a manner provided by Subsection (a) or (b).
(f)  A responsible governmental entity that has entered into an interim agreement or comprehensive agreement shall make procurement records available for public inspection on request. For purposes of this subsection, procurement records do not include the trade secrets of the contracting person or financial records, including balance sheets or financial statements of the contracting person, that are not generally available to the public through regulatory disclosure or other means.
(g)  Cost estimates relating to a proposed procurement transaction prepared by or for a responsible governmental entity are not open to public inspection.
(h)  Any inspection of procurement transaction records under this section is subject to reasonable restrictions to ensure the security and integrity of the records.
(i)  This section applies to any accepted proposal regardless of whether the process of bargaining results in an interim or comprehensive agreement.
CHAPTER 2268. PARTNERSHIP ADVISORY COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2268.001.  DEFINITIONS. In this chapter:
(1)  "Commission" means the Partnership Advisory Commission.
(2)  "Comprehensive agreement" has the meaning assigned by Section 2267.001.
(3)  "Detailed proposal" means a proposal for a qualifying project accepted by a responsible governmental entity beyond a conceptual level of review that defines and establishes periods related to fixing costs, payment schedules, financing, deliverables, and project schedule.
(4)  "Interim agreement" has the meaning assigned by Section 2267.001.
(5)  "Qualifying project" has the meaning assigned by Section 2267.001.
(6)  "Responsible governmental entity" has the meaning assigned by Section 2267.001.
Sec. 2268.002.  APPLICABILITY. This chapter applies only to responsible governmental entities described by Section 2267.001(5)(A).
[Sections 2268.003-2268.050 reserved for expansion]
SUBCHAPTER B. COMMISSION
Sec. 2268.051.  ESTABLISHMENT OF COMMISSION. The Partnership Advisory Commission is an advisory commission in the legislative branch that advises responsible governmental entities described by Section 2267.001(5)(A) on proposals received under Chapter 2267.
Sec. 2268.052.  COMPOSITION AND TERMS. (a)  The commission consists of the following 11 members:
(1)  the chair of the House Appropriations Committee or the chair's designee;
(2)  three representatives appointed by the speaker of the house of representatives;
(3)  the chair of the Senate Finance Committee or the chair's designee;
(4)  three senators appointed by the lieutenant governor; and
(5)  three representatives of the executive branch, appointed by the governor.
(b)  The legislative members serve on the commission until the expiration of their terms of office or until their successors qualify.
(c)  The members appointed by the governor serve at the will of the governor.
Sec. 2268.053.  PRESIDING OFFICER. The members of the commission shall elect from among the legislative members a presiding officer and an assistant presiding officer to serve two-year terms.
Sec. 2268.054.  COMPENSATION; REIMBURSEMENT. A member of the commission is not entitled to compensation for service on the commission but is entitled to reimbursement for all reasonable and necessary expenses incurred in performing duties as a member.
Sec. 2268.055.  MEETINGS. The commission shall hold meetings quarterly or on the call of the presiding officer.
Sec. 2268.056.  ADMINISTRATIVE, LEGAL, RESEARCH, TECHNICAL, AND OTHER SUPPORT. (a)  The legislative body that the presiding officer serves shall provide administrative staff support for the commission.
(b)  The Texas Legislative Council shall provide legal, research, and policy analysis services to the commission.
(c)  The staffs of the House Appropriations Committee, Senate Finance Committee, and comptroller shall provide technical assistance.
(d)  The comptroller or a state agency shall provide additional assistance as needed.
Sec. 2268.057.  COMMISSION PROCEEDINGS. A copy of the proceedings of the commission shall be filed with the legislative body that the presiding officer serves.
Sec. 2268.058.  SUBMISSION OF DETAILED PROPOSALS FOR QUALIFYING PROJECTS; EXEMPTION; COMMISSION REVIEW. (a)  Before beginning to negotiate an interim or comprehensive agreement, each responsible governmental entity receiving a detailed proposal for a qualifying project must provide copies of the proposal to:
(1)  the presiding officer of the commission; and
(2)  the chairs of the House Appropriations Committee and Senate Finance Committee or their designees.
(b)  The following qualifying projects are not subject to review by the commission:
(1)  any proposed qualifying project with a total cost of less than $5 million; and
(2)  any proposed qualifying project with a total cost of more than $5 million but less than $50 million for which money has been specifically appropriated as a public-private partnership in the General Appropriations Act.
(c)  The commission may undertake additional reviews of any qualifying project that will be completed in phases and for which an appropriation has not been made for any phase other than the current phase of the project.
(d)  Not later than the 10th day after the date the commission receives a complete copy of the detailed proposal for a qualifying project, the commission shall determine whether to accept or decline the proposal for review and notify the responsible governmental entity of the commission's decision.
(e)  If the commission accepts a proposal for review, the commission shall provide its findings and recommendations to the responsible governmental entity not later than the 45th day after the date the commission receives complete copies of the detailed proposal. If the commission does not provide its findings or recommendations to the responsible governmental entity by that date, the commission is considered to have declined review of the proposal and to not have made any findings or recommendations on the proposal.
(f)  The responsible governmental entity on request of the commission shall provide any additional information regarding a qualifying project reviewed by the commission if the information is available to or can be obtained by the responsible governmental entity.
(g)  The commission shall review accepted detailed proposals and provide findings and recommendations to the responsible governmental entity that include:
(1)  a determination on whether the terms of the proposal and proposed qualifying project create state tax-supported debt, taking into consideration the specific findings of the comptroller with respect to the recommendation;
(2)  an analysis of the potential financial impact of the qualifying project;
(3)  a review of the policy aspects of the detailed proposal and the qualifying project; and
(4)  proposed general business terms.
(h)  Review by the commission does not constitute approval of any appropriations necessary to implement a subsequent interim or comprehensive agreement.
(i)  Except as provided by Subsection (e), the responsible governmental entity may not begin negotiation of an interim or comprehensive agreement until the commission has submitted its recommendations or declined to accept the detailed proposals for review.
(j)  Not later than the 30th day before the date a comprehensive or interim agreement is executed, the responsible governmental entity shall submit to the commission and the chairs of the House Appropriations Committee and Senate Finance Committee or their designees:
(1)  a copy of the proposed interim or comprehensive agreement; and
(2)  a report describing the extent to which the commission's recommendations were addressed in the proposed interim or comprehensive agreement.
Sec. 2268.059.  CONFIDENTIALITY OF CERTAIN RECORDS SUBMITTED TO COMMISSION. Records and information afforded protection under Section 552.153 that are provided by a responsible governmental entity to the commission shall continue to be protected from disclosure when in the possession of the commission.
SECTION 2.  Subchapter C, Chapter 552, Government Code, is amended by adding Section 552.153 to read as follows:
Sec. 552.153.  PROPRIETARY RECORDS AND TRADE SECRETS INVOLVED IN CERTAIN PARTNERSHIPS. (a)  In this section, "affected jurisdiction," "comprehensive agreement," "contracting person," "interim agreement," "qualifying project," and "responsible governmental entity" have the meanings assigned those terms by Section 2267.001.
(b)  Information in the custody of a responsible governmental entity that relates to a proposal for a qualifying project authorized under Chapter 2267 is excepted from the requirements of Section 552.021 if:
(1)  the information consists of memoranda, staff evaluations, or other records prepared by the responsible governmental entity, its staff, outside advisors, or consultants exclusively for the evaluation and negotiation of proposals filed under Chapter 2267 for which:
(A)  disclosure to the public before or after the execution of an interim or comprehensive agreement would adversely affect the financial interest or bargaining position of the responsible governmental entity; and
(B)  the basis for the determination under Paragraph (A) is documented in writing by the responsible governmental entity; or
(2)  the records are provided by a contracting person to a responsible governmental entity or affected jurisdiction under Chapter 2267 and contain:
(A)  trade secrets of the contracting person;
(B)  financial records of the contracting person, including balance sheets and financial statements, that are not generally available to the public through regulatory disclosure or other means; or
(C)  other information submitted by the contracting person that, if made public before the execution of an interim or comprehensive agreement, would adversely affect the financial interest or bargaining position of the responsible governmental entity or the person.
(c)  Except as specifically provided by Subsection (b), this section does not authorize the withholding of information concerning:
(1)  the terms of any interim or comprehensive agreement, service contract, lease, partnership, or agreement of any kind entered into by the responsible governmental entity and the contracting person or the terms of any financing arrangement that involves the use of any public money; or
(2)  the performance of any person developing or operating a qualifying project under Chapter 2267.
SECTION 3.  This Act takes effect September 1, 2011.

Floor Amendment No. 1

Amend CSSB 1048 (house committee report) as follows:
(1)  In SECTION 1 of the bill, in proposed Section 2267.002(e), Government Code (page 5, line 17), between "other" and "authority", insert "statutory".
(2)  In SECTION 1 of the bill, immediately following proposed Section 2267.065(b)(2), Government Code (page 26, between lines 19 and 20), insert the following:
(3)  Section 51.780, Education Code;
(3)  In SECTION 1 of the bill, in proposed Section 2267.065(b), Government Code (page 26, lines 20 and 21), renumber the subdivisions of that subsection appropriately.

Floor Amendment No. 5

Amend CSSB 1048 (house committee printing) in SECTION 1 of the bill, immediately following added Section 2267.060, Government Code (page 22, between lines 23 and 24), by inserting the following:
Sec. 2267.0605.  PERFORMANCE AND PAYMENT BONDS REQUIRED. (a) The construction, remodel, or repair of a qualifying project may be performed only after performance and payment bonds for the construction, remodel, or repair have been executed in compliance with Chapter 2253 regardless of whether the qualifying project is on public or private property or is publicly or privately owned.
(b)  For purposes of this section, a qualifying project is considered a public work under Chapter 2253 and the responsible governmental entity shall assume the obligations and duties of a governmental entity under that chapter. The obligee under a performance bond under this section may be a public entity, a private person, or an entity consisting of both a public entity and a private person.

Floor Amendment No. 8

Amend CSSB 1048 (house committee report) in SECTION 1 of the bill, immediately following proposed Section 2267.065, Government Code (page 27, between lines 5 and 6), by inserting the following:
Sec. 2267.0655.  HISTORICALLY UNDERUTILIZED BUSINESSES. A responsible governmental entity selecting a provider of services for a qualifying project or awarding a contract for a qualifying project shall comply with the requirements of Chapter 2161 if:
(1)  the entity receives more than $10 million in appropriated state funds in a state fiscal year; or
(2)  the entity is awarding a contract in an amount that exceeds $100,000 or is selecting a provider of services for the project in connection with a contract in an amount that exceeds $100,000.

Floor Amendment No. 1 on Third Reading

Amend CSSB 1048 on third reading by striking the text of proposed Section 2267.0655, Government Code, as added on second reading by Amendment No. 8 by Dukes.

The amendments were read.

Senator Jackson moved to concur in the House amendments to SB 1048.

The motion prevailed by the following vote:  Yeas 30, Nays 1.

Nays:  Nichols.

SENATE BILL 776 WITH HOUSE AMENDMENTS

Senator Zaffirini called SB 776 from the President's table for consideration of the House amendments to the bill.

The President Pro Tempore laid the bill and the House amendments before the Senate.

Amendment

Amend SB 776 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to customs brokers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Sections 151.157(a-1), (f), and (f-1), Tax Code, are amended to read as follows:
(a-1)  The comptroller shall maintain a password-protected website that a customs broker, or an authorized employee of a customs broker, licensed under this section must use to prepare documentation to show the exemption of tangible personal property under Section 151.307(b)(2). The comptroller shall require a customs broker or authorized employee to use the website to actually produce the documentation after providing all necessary information. The comptroller shall use the information provided by a customs broker or authorized employee under this subsection as necessary to enforce this section and Section 151.307. The comptroller may [shall] provide an alternate method to prepare documentation to show the exemption of tangible personal property under Section 151.307(b)(2) in those instances when the password-protected website is unavailable due to technical or communication problems. A customs broker or authorized employee may use the alternate method only if the comptroller provides prior authorization for each use.
(f)  The comptroller may suspend or revoke a license issued under this section if the customs broker does not comply with Section 151.1575(c) or issues documentation that is false [to obtain a refund of taxes paid on tangible personal property not exported or to assist another person in obtaining such a refund]. The comptroller may determine the length of suspension or revocation necessary for the enforcement of this chapter and the comptroller's rules. A proceeding to suspend or revoke a license under this subsection is a contested case under Chapter 2001, Government Code. Judicial review is by trial de novo. The district courts of Travis County have exclusive original jurisdiction of a suit under this section.
(f-1)  In addition to any other penalty provided by law, the comptroller may require a customs broker to pay to the comptroller the amount of any tax refunded and the amount of any penalty imposed under Section 151.1575(c) if the customs broker did not comply with this section or the rules adopted by the comptroller under this section [in relation to the refunded tax].
SECTION 2.  Sections 151.1575(a), (b), and (c), Tax Code, are amended to read as follows:
(a)  A customs broker licensed by the comptroller or an authorized employee of the customs broker may issue documentation certifying that delivery of tangible personal property was made to a point outside the territorial limits of the United States as required by Section 151.307(b)(2)(B) only if the customs broker or authorized employee:
(1)  watches the property cross the border of the United States;
(2)  watches the property being placed on a common carrier for delivery outside the territorial limits of the United States; or
(3)  verifies that the purchaser is transporting the property to a destination outside of the territorial limits of the United States by:
(A)  examining a passport, laser visa identification card, or foreign voter registration picture identification indicating that the purchaser of the property resides in a foreign country;
(B)  requiring that the documentation examined under Paragraph (A) have a unique identification number for that purchaser;
(C)  requiring the purchaser to produce the property and the original sales receipt for the property;
(D) [(C)]  requiring the purchaser to state the foreign country destination of the property which must be the foreign country in which the purchaser resides;
(E) [(D)]  requiring the purchaser to state the date and time the property is expected to arrive in the foreign country destination;
(F) [(E)]  requiring the purchaser to state the date and time the property was purchased, the name and address of the place at which the property was purchased, the sales price and quantity of the property, and a description of the property;
(G) [(F)]  requiring the purchaser and the broker or an authorized employee to sign in the presence of each other a form prepared or approved by the comptroller:
(i)  stating that the purchaser has provided the information and documentation required by this subdivision; and
(ii)  that contains a notice to the purchaser that tangible personal property not exported is subject to taxation under this chapter and the purchaser is liable, in addition to other possible civil liabilities and criminal penalties, for payment of an amount equal to the value of the merchandise if the purchaser improperly obtained a refund of taxes relating to the property; and
(H) [(G)]  requiring the purchaser to produce the purchaser's:
(i)  Form I-94, Arrival/Departure record, or its successor, as issued by the United States Immigration and Naturalization Service, for those purchasers in a county not bordering the United Mexican States; or
(ii)  air, land, or water travel documentation if the customs broker is located in a county that does not border the United Mexican States.
(b)  A customs broker licensed by the comptroller or an authorized employee of the customs broker may issue and deliver documentation under Subsection (a) at any time after the tangible personal property is purchased and the broker or employee completes the process required by Subsection (a). The comptroller shall limit to six the number of receipts for which a single proof of export documentation may be issued under this section. The documentation must include:
(1)  the name and address of the customs broker;
(2)  the license number of the customs broker;
(3)  the name and address of the purchaser;
(4)  the name and address of the place at which the property was purchased;
(5)  the date and time of the sale;
(6)  a description and the quantity of the property;
(7)  the sales price of the property;
(8)  the foreign country destination of the property, which may not be the place of export;
(9)  the date and time:
(A)  at which the customs broker or authorized employee watched the property cross the border of the United States;
(B)  at which the customs broker or authorized employee watched the property being placed on a common carrier for delivery outside the territorial limits of the United States; or
(C)  the property is expected to arrive in the foreign country destination, as stated by the purchaser;
(10)  a declaration signed by the customs broker or an authorized employee of the customs broker stating that:
(A)  the customs broker is a licensed Texas customs broker; and
(B)  the customs broker or authorized employee inspected the property and the original receipt for the property; and
(11)  an export certification stamp issued by the comptroller.
(c)  The comptroller may require a customs broker to pay the comptroller the amount of any tax refunded if the customs broker does not comply with this section, Section 151.157, or the rules adopted by the comptroller under this section or Section 151.157. In addition to the amount of the refunded tax, the comptroller may require the customs broker to pay a penalty of [in an amount equal to the amount of the refunded tax, but] not less than $500 nor more than $5,000. The comptroller and the state may deduct any penalties to be paid by a customs broker from the broker's posted bond.
SECTION 3.  Section 151.158, Tax Code, is amended by amending Subsection (g) and adding Subsections (g-1) and (g-2) to read as follows:
(g)  The comptroller shall charge $2.10 [$1.60] for each stamp. The comptroller shall use:
(1)  $1.60 of the money from the sale of the stamps only for costs related to producing the stamps, including costs of materials, labor, and overhead; and
(2)  the remaining 50 cents only for enforcement of the laws relating to customs brokers under this title.
(g-1)  Any unspent money shall be deposited to the credit of the general revenue fund.
(g-2)  Customs brokers who return unused stamps to the comptroller's office on a quarterly basis shall get credit towards the purchase of new stamps.
SECTION 4.  The change in law made by this Act applies only to documentation issued on or after the effective date of this Act. Documentation issued before the effective date of this Act is governed by the law in effect on the date the documentation was issued, and that law is continued in effect for that purpose.
SECTION 5.  This Act takes effect September 1, 2011.
Floor Amendment No. 1

Amend CSSB 776 (house committee printing) as follows:
(1)  In SECTION 2 of the bill, in amended Section 151.1575(a)(3)(G)(ii), Tax Code (page 4, line 9), strike "and" and substitute "[and]".
(2)  In SECTION 2 of the bill, in amended Section 151.1575(a)(3)(H)(ii), Tax Code (page 4, line 18), strike the period and substitute the following:
; and
(I)  requiring the purchaser and the broker or an authorized employee, when using a power of attorney form, to attest, as a part of the form and in the presence of each other:
(i)  that the purchaser has provided the information and documentation required by this subdivision; and
(ii)  that the purchaser is on notice that tangible personal property not exported is subject to taxation under this chapter and the purchaser is liable, in addition to other possible civil liabilities and criminal penalties, for payment of an amount equal to the value of the merchandise if the purchaser improperly obtained a refund of taxes relating to the property.

The amendments were read.

Senator Zaffirini moved to concur in the House amendments to SB 776.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1170 WITH HOUSE AMENDMENTS

Senator Carona called SB 1170 from the President's table for consideration of the House amendments to the bill.

The President Pro Tempore laid the bill and the House amendments before the Senate.

Amendment

Amend SB 1170 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the regulation of barbers and cosmetologists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 1601.001(a), Occupations Code, is amended by adding Subdivision (1-a) to read as follows:
(1-a)  "Barber school" means a place that holds a permit issued under Subchapter H to teach the practice of barbering and may be privately or publicly funded. The term includes a barber college.
SECTION 2.  Section 1601.253, Occupations Code, is amended by adding Subsection (c) to read as follows:
(c)  The commission shall adopt rules for the issuance of a Class A barber certificate to a person who holds an operator license under Chapter 1602. The department shall issue the certificate to an applicant who:
(1)  holds an active operator license under Chapter 1602;
(2)  completes at least 300 hours of instruction in barbering that includes barber history and shaving through a commission-approved training program in a barber school;
(3)  passes the examination required under Subsection (a); and
(4)  submits to the department:
(A)  an application on a form prescribed by the department; and
(B)  the required fee.
SECTION 3.  Section 1601.254, Occupations Code, is amended to read as follows:
Sec. 1601.254.  ELIGIBILITY FOR BARBER INSTRUCTOR LICENSE [TEACHER'S CERTIFICATE]. (a) A person holding a barber instructor license may perform any act of barbering and may instruct a person in any act of barbering.
(b)  To be eligible for a barber instructor license, an [An] applicant [for a teacher's certificate] must:
(1)  be at least 18 years of age;
(2)  have a high school diploma or a high school equivalency certificate;
(3)  hold a current [be a] Class A barber certificate;
(4) [(2)]  have completed:
(A)  a course consisting of 750 hours of instruction in barber courses and methods of teaching in a barber school; or
(B)  at least one year of work experience as a licensed Class A barber and:
(i)  have completed 500 hours of instruction in barber courses and methods of teaching in a commission-approved training program;
(ii)  have completed 15 semester hours in education courses from an accredited college or university within the 10 years preceding the date of the application; or
(iii)  have obtained a degree in education from an accredited college or university; and
(5)  pass the required examination.
(c)  The commission shall adopt rules for the licensing of specialty instructors to teach specialty courses in the practice of barbering as defined by Sections 1601.002(1)(C)-(H) and (K) [five years' experience as a practicing barber in a barbershop, two years of which occurred in the two years preceding the application date; and
[(3)     submit the required examination fee with the application].
[(b)     An applicant must submit a new application and fee for each examination taken by the applicant. Fees paid are not refundable.
[(c)     The department shall issue a teacher's certificate to an applicant who:
[(1)     passes the appropriate examination; and
[(2)     pays the required certificate fee.]
SECTION 4.  Subchapter F, Chapter 1601, Occupations Code, is amended by adding Sections 1601.261, 1601.262, and 1601.263 to read as follows:
Sec. 1601.261.  ELIGIBILITY FOR SHAMPOO APPRENTICE PERMIT. (a) A person holding a shampoo apprentice permit may perform only barbering as defined by Section 1601.002(1)(I).
(b)  The department shall issue a shampoo apprentice permit to an applicant who is at least 16 years of age.
(c)  A shampoo apprentice permit expires on the second anniversary of the date of issuance and may not be renewed.
(d)  The commission shall adopt rules as necessary to administer this section. The commission may not require an applicant to:
(1)  complete any hours of instruction at a barber training program as a prerequisite for the issuance of a shampoo apprentice permit; or
(2)  pay a fee for a shampoo apprentice permit.
(e)  A facility licensed under this chapter may employ a person who holds a shampoo apprentice permit to perform shampooing or conditioning services and shall pay the person at least the federal minimum wage as provided by Section 6, Fair Labor Standards Act of 1938 (29 U.S.C. Section 206).
Sec. 1601.262.  ELIGIBILITY FOR BARBER TECHNICIAN/MANICURIST SPECIALTY LICENSE. (a) A person holding a barber technician/manicurist specialty license may perform only barbering as defined by Sections 1601.002(1)(C) through (G).
(b)  To be eligible for a barber technician/manicurist specialty license, an applicant must:
(1)  submit an application on a form prescribed by the department;
(2)  pay the required fee; and
(3)  either:
(A)  hold both an active barber technician license and an active manicurist license; or
(B)  meet the requirements of Subsection (c).
(c)  An applicant who qualifies under Subsection (b)(3)(B) must:
(1)  be at least 17 years of age and have completed the seventh grade or its equivalent; and
(2)  have completed:
(A)  900 hours of instruction in a barber technician/manicurist curriculum in a commission-approved training program; or
(B)  600 hours of instruction in a manicure curriculum and 300 hours of instruction in a barber technician curriculum in a commission-approved training program.
Sec. 1601.263.  ELIGIBILITY FOR BARBER TECHNICIAN/HAIR WEAVING SPECIALTY LICENSE. (a) A person holding a barber technician/hair weaving specialty license may perform only barbering as defined by Sections 1601.002(1)(C), (D), (G), and (H).
(b)  To be eligible for a barber technician/hair weaving specialty license, an applicant must:
(1)  submit an application on a form prescribed by the department;
(2)  pay the required fee; and
(3)  either:
(A)  hold both an active barber technician license and an active hair weaving specialty certificate of registration; or
(B)  meet the requirements of Subsection (c).
(c)  An applicant who qualifies under Subsection (b)(3)(B) must:
(1)  be at least 17 years of age and have completed the seventh grade or its equivalent; and
(2)  have completed:
(A)  600 hours of instruction in a barber technician/hair weaving curriculum in a commission-approved training program; or
(B)  300 hours of instruction in a hair weaving curriculum and 300 hours of instruction in a barber technician curriculum in a commission-approved training program.
SECTION 5.  Section 1601.352, Occupations Code, is amended to read as follows:
Sec. 1601.352.  APPLICATION FOR BARBER SCHOOL PERMIT. [(a)]  An applicant for a barber school permit must:
(1)  provide to the department adequate proof of financial responsibility;
(2)  submit an application on a form prescribed by the department;
(3)  satisfy the facility and equipment requirements of Section 1601.353; and
(4)  pay the required fee [demonstrate to the department that the school meets the requirements of this subchapter for issuance of a permit].
[(b)     Before issuing a barber school permit, the department must determine that the applicant is financially sound and capable of fulfilling the applicant's commitments for training.]
SECTION 6.  Section 1601.353, Occupations Code, is amended to read as follows:
Sec. 1601.353.  REQUIRED FACILITIES AND EQUIPMENT. [(a)]  The department may [not] approve an application for a permit for a barber school if [that provides training leading to issuance of a Class A barber certificate unless] the school [has]:
(1)  is located in:
(A)  a municipality with a population of more than 50,000 that has a building of permanent construction containing at least 2,000 [2,800] square feet of floor space, including classroom and practical areas, covered in [divided into at least:
[(A)     a senior department;
[(B)     a junior department;
[(C)     a class theory room;
[(D)     a supply room;
[(E)     an office space; and
[(F)     separate restrooms for male and female students;
[(2)]  a hard-surface floor-covering of tile or other suitable material; or
(B)  a municipality with a population of 50,000 or less or an unincorporated area of a county that has a building of permanent construction containing at least 1,000 square feet of floor space, including classroom and practical areas, covered in a hard-surface floor-covering of tile or other suitable material;
(2)  has the following equipment:
(A) [(3)]  at least 10 student workstations that include a chair that reclines, a back bar, and a wall mirror [20 modern barber chairs, including a cabinet and mirror for each chair];
(B) [(4)]  a sink behind every two workstations [barber chairs];
(C) [(5)]  a liquid sterilizer for each workstation [barber chair];
(D) [(6)     an adequate number of latherers, vibrators, and hair dryers for student use;
[(7)]  adequate lighting for each room;
(E) [(8)]  at least 10 [20] classroom chairs and other materials necessary to teach the required subjects; and
(F)  access to permanent restrooms and[, a blackboard, anatomical charts of the head, neck, and face, and one barber chair in the class theory room;
[(9)     at least one medical dictionary and a standard work on human anatomy;
[(10)]  adequate drinking fountain facilities[, with at least one for each floor]; and
(3)  meets any other requirement set by the commission
[(11)     at least one fire extinguisher].
[(b)     An applicant for a barber school permit must submit to the department:
[(1)     a detailed drawing and chart of the proposed physical layout of the school, showing the departments, floor space, equipment, lights, and outlets;
[(2)     photographs of the proposed site for the school, including the interior and exterior of the building, rooms, and departments;
[(3)     a detailed copy of the training program;
[(4)     a copy of the catalogue and promotional literature of the school;
[(5)     a copy of the building lease or proposed building lease if the building is not owned by the school;
[(6)     a sworn statement showing the ownership of the school; and
[(7)     the required permit fee.]
SECTION 7.  Section 1601.402(b), Occupations Code, is amended to read as follows:
(b)  A Class A barber, barber technician, instructor [teacher], manicurist, or other licensed specialist must renew the person's certificate or license on or before the expiration date.
SECTION 8.  Section 1601.405(a), Occupations Code, is amended to read as follows:
(a)  The department may not require a Class A barber, barber technician, instructor [teacher], or manicurist who is serving on active duty in the United States armed forces to renew the person's certificate or license.
SECTION 9.  Section 1601.560, Occupations Code, is amended to read as follows:
Sec. 1601.560.  INSTRUCTOR-TO-STUDENT RATIO [QUALIFIED INSTRUCTOR]. (a) A [In addition to the teacher required by Section 1601.355(b), a] barber school must [that provides training leading to issuance of a Class A barber certificate shall] have at least one [qualified] instructor[, holding a Class A certificate,] for every 25 students on the school's premises. [A teacher may serve as an instructor in practical work in addition to holding a position as a theory teacher.]
(b)  A barber school must have at least one instructor for every three student instructors on the school's premises [may not enroll more than one student teacher for each certified teacher who teaches at the school]. A student instructor [teacher] shall concentrate on developing teaching skills and may not be booked with customers.
SECTION 10.  Section 1601.563(b), Occupations Code, is amended to read as follows:
(b)  A barber school's refund policy must provide that:
(1)  the refund is based on the period of the student's enrollment, computed on the basis of course time expressed in scheduled [clock] hours, as specified by an enrollment agreement, contract, or other document acceptable to the department;
(2)  the effective date of the termination for refund purposes is the earliest of:
(A)  the last date of attendance, if the student is terminated by the school;
(B)  the date the permit holder receives the student's written notice of withdrawal; or
(C)  10 school days after the last date of attendance; and
(3)  the school may retain not more than $100 if:
(A)  tuition is collected before the course of training begins; and
(B)  the student does not begin the course of training before the date the cancellation period under Section 1601.562 expires.
SECTION 11.  Section 1601.602, Occupations Code, is amended to read as follows:
Sec. 1601.602.  REVOCATION OF STUDENT INSTRUCTOR'S [TEACHER'S] BARBER CERTIFICATE. A violation of Section 1601.560(b) by a student instructor [teacher] is a ground for the revocation of the [person's] student instructor's [teacher] barber certificate [license].
SECTION 12.  Section 1602.002(a), Occupations Code, is amended to read as follows:
(a)  In this chapter, "cosmetology" means the practice of performing or offering to perform for compensation any of the following services:
(1)  treating a person's hair by:
(A)  providing any method of treatment as a primary service, including arranging, beautifying, bleaching, cleansing, coloring, cutting, dressing, dyeing, processing, shampooing, shaping, singeing, straightening, styling, tinting, or waving;
(B)  providing a necessary service that is preparatory or ancillary to a service under Paragraph (A), including bobbing, clipping, cutting, or trimming; or
(C)  cutting the person's hair as a separate and independent service for which a charge is directly or indirectly made separately from charges for any other service;
(2)  weaving or braiding a person's hair;
(3)  shampooing and conditioning a person's hair;
(4)  servicing a person's wig or artificial hairpiece on a person's head or on a block after the initial retail sale and servicing in any manner listed in Subdivision (1);
(5)  treating a person's mustache or beard by arranging, beautifying, coloring, processing, styling, or trimming;
(6)  cleansing, stimulating, or massaging a person's scalp, face, neck, or arms:
(A)  by hand or by using a device, apparatus, or appliance; and
(B)  with or without the use of any cosmetic preparation, antiseptic, tonic, lotion, or cream;
(7)  beautifying a person's face, neck, or arms using a cosmetic preparation, antiseptic, tonic, lotion, powder, oil, clay, cream, or appliance;
(8)  administering facial treatments;
(9)  removing superfluous hair from a person's body using depilatories, preparations, or tweezing techniques [mechanical tweezers];
(10)  treating a person's nails by:
(A)  cutting, trimming, polishing, tinting, coloring, cleansing, or manicuring; or
(B)  attaching false nails; [or]
(11)  massaging, cleansing, treating, or beautifying a person's hands or feet; or
(12)  applying semipermanent, thread-like extensions composed of single fibers to a person's eyelashes.
SECTION 13.  Section 1602.254, Occupations Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows:
(b)  To be eligible for an operator license, an applicant must meet the requirements of Subsection (c) or:
(1)  be at least 17 years of age;
(2)  have obtained a high school diploma or the equivalent of a high school diploma or have passed a valid examination administered by a certified testing agency that measures the person's ability to benefit from training; and
(3)  have completed:
(A)  1,500 hours of instruction in a licensed beauty culture school; or
(B)  1,000 hours of instruction in beauty culture courses and 500 hours of related high school courses prescribed by the commission in a vocational cosmetology program in a public school.
(c)  The commission shall adopt rules for the issuance of an operator license under this section to a person who holds a Class A barber certificate. The department shall issue the license to an applicant who:
(1)  holds an active Class A barber certificate;
(2)  completes 300 hours of instruction in cosmetology through a commission-approved training program in a cosmetology school;
(3)  passes the examination required under Section 1602.262; and
(4)  submits to the department:
(A)  an application on a form prescribed by the department; and
(B)  the required fee.
SECTION 14.  Sections 1602.255(b) and (c), Occupations Code, are amended to read as follows:
(b)  To be eligible for an instructor license, an applicant must:
(1)  be at least 18 years of age;
(2)  have a high school diploma [completed the 12th grade] or a high school equivalency certificate [its equivalent];
(3)  hold an operator license under this chapter; [and]
(4)  have [completed]:
(A)  completed [a course consisting of] 750 hours of instruction in [cosmetology courses and] methods of teaching in:
(i)  a licensed private beauty culture school; or
(ii)  a vocational training program of a publicly financed postsecondary institution; [or]
(B)  completed at least:
(i)  one year [two years] of verifiable experience as a licensed cosmetology operator; and
(ii)  500 [250] hours of instruction in cosmetology in a commission-approved training program;
(C)  completed 15 semester hours in education courses through an accredited college or university within the 10 years before the date of application; or
(D)  obtained a degree in education from an accredited college or university; and
(5)  pass the examination required under Section 1602.262.
(c)  The commission shall adopt rules for the licensing of specialty instructors to teach specialty courses in the practice of cosmetology defined in Sections 1602.002(a)(7) [1602.002(7)], (9), [and] (10), and (12).
SECTION 15.  Section 1602.257, Occupations Code, is amended to read as follows:
Sec. 1602.257.  ELIGIBILITY FOR ESTHETICIAN [A FACIALIST] SPECIALTY LICENSE. (a) A person holding an esthetician [a facialist] specialty license may perform only the practice of cosmetology defined in Sections 1602.002(a)(6), (7), (8), [through] (9), and (12).
(b)  To be eligible for an esthetician [a facialist] specialty license, an applicant must:
(1)  be at least 17 years of age;
(2)  have obtained a high school diploma or the equivalent of a high school diploma or have passed a valid examination administered by a certified testing agency that measures the person's ability to benefit from training; and
(3)  have completed 750 hours of instruction in esthetics [facialist] specialty through a commission-approved training program.
SECTION 16.  Subchapter F, Chapter 1602, Occupations Code, is amended by adding Sections 1602.2571 and 1602.2572 to read as follows:
Sec. 1602.2571.  ELIGIBILITY FOR A SPECIALTY LICENSE IN EYELASH EXTENSION APPLICATION. (a) A person holding a specialty license in eyelash extension application may perform only the practice of cosmetology defined in Section 1602.002(a)(12).
(b)  To be eligible for a specialty license in eyelash extension application, an applicant must:
(1)  be at least 17 years of age;
(2)  have obtained a high school diploma or the equivalent of a high school diploma or have passed a valid examination administered by a certified testing agency that measures the person's ability to benefit from training; and
(3)  have completed a training program described by Section 1602.2572 that has been approved by the commission.
Sec. 1602.2572.  EYELASH EXTENSION APPLICATION TRAINING PROGRAM. (a) An eyelash extension application training program must include at least 320 hours of classroom instruction and practical experience, including at least eight hours of theoretical instruction, and include instruction in the following areas:
(1)  recognizing infectious or contagious diseases of the eye and allergic reactions to materials;
(2)  proper sanitation practices;
(3)  occupational health and safety practices;
(4)  eyelash extension application procedures; and
(5)  eyelash extension isolation and separation procedures.
(b)  An instructor at an eyelash extension application training program must comply with Section 1602.251(b).
(c)  The commission shall adopt rules regarding eyelash extension application training programs and may establish or designate approved training programs.
SECTION 17.  Subchapter F, Chapter 1602, Occupations Code, is amended by adding Section 1602.261 to read as follows:
Sec. 1602.261.  ELIGIBILITY FOR MANICURIST/ESTHETICIAN SPECIALTY LICENSE. (a) A person holding a manicurist/esthetician specialty license may perform only the practice of cosmetology defined in Sections 1602.002(a)(6) through (11).
(b)  To be eligible for a manicurist/esthetician specialty license, an applicant must:
(1)  submit an application on a form prescribed by the department;
(2)  pay the required fee; and
(3)  either:
(A)  hold both an active manicurist specialty license and an active esthetician specialty license; or
(B)  meet the educational requirements of Subsection (c).
(c)  An applicant who qualifies under Subsection (b)(3)(B) must:
(1)  either:
(A)  have obtained a high school diploma or a high school equivalency certificate; or
(B)  have passed a valid examination administered by a certified testing agency that measures the person's ability to benefit from training; and
(2)  have completed:
(A)  1,200 hours of instruction in a manicure/esthetics specialty curriculum in a commission-approved training program; or
(B)  600 hours of instruction in a manicure curriculum and 750 hours of instruction in an esthetics curriculum in commission-approved training programs.
SECTION 18.  Section 1602.262, Occupations Code, is amended to read as follows:
Sec. 1602.262.  ISSUANCE OF LICENSE OR CERTIFICATE. (a) An applicant for a [an operator] license under this chapter [, instructor license, manicurist specialty license, or facialist specialty license] is entitled to the license if the applicant:
(1)  meets the applicable eligibility requirements;
(2)  passes the applicable examination;
(3)  pays the required fee; [and]
(4)  has not committed an act that constitutes a ground for denial of the license; and
(5)  submits an application on a form prescribed by the department.
(b)  An applicant for a specialty certificate is entitled to the certificate if the applicant:
(1)  meets the eligibility requirements;
(2)  pays the required fee; [and]
(3)  has not committed an act that constitutes a ground for denial of the certificate; and
(4)  submits an application on a form prescribed by the department.
SECTION 19.  Section 1602.267(c), Occupations Code, is amended to read as follows:
(c)  A shampoo apprentice permit expires on the second [first] anniversary of the date of issuance and may not be renewed.
SECTION 20.  Sections 1602.303(a) and (b), Occupations Code, are amended to read as follows:
(a)  A person holding a private beauty culture school license may maintain an establishment in which any practice of cosmetology is taught, including providing an eyelash extension application training program described by Section 1602.2572.
(b)  An application for a private beauty culture school license must be accompanied by the required license fee and inspection fee and:
(1)  be on a form prescribed by the department;
(2)  be verified by the applicant; and
(3)  contain a statement that the building:
(A)  is of permanent construction and is divided into at least two separate areas:
(i)  one area for instruction in theory; and
(ii)  one area for clinic work;
(B)  contains a minimum of:
(i)  2,000 [3,500] square feet of floor space if the building is located in a municipality with a population of more than 50,000; or
(ii)  1,000 square feet of floor space if the building is located in a municipality with a population of 50,000 or less or in an unincorporated area of a county;
(C)  has access to permanent restrooms and adequate drinking fountain facilities [separate restrooms for male and female students]; and
(D)  contains, or will contain before classes begin, the equipment established by commission rule as sufficient to properly instruct a minimum of 10 [50] students.
SECTION 21.  Section 1602.305(a), Occupations Code, is amended to read as follows:
(a)  A person holding a specialty shop license may maintain an establishment in which only the practice of cosmetology as defined in Section 1602.002(a)(2) [1602.002(2)], (4), (7), (9), [or] (10), or (12) is performed.
SECTION 22.  Section 1602.451(a), Occupations Code, is amended to read as follows:
(a)  The holder of a private beauty culture school license shall:
(1)  maintain a sanitary establishment;
(2)  maintain [on its staff and] on duty [during business hours] one full-time licensed instructor for each 25 students in attendance;
(3)  maintain a daily record of students' attendance;
(4)  establish regular class and instruction hours and grades;
(5)  require a school term of not less than nine months and not less than 1,500 hours instruction for a complete course in cosmetology;
(6)  require a school term of not less than 600 hours instruction for a complete course in manicuring;
(7)  hold examinations before issuing diplomas;
(8)  maintain a copy of the school's curriculum in a conspicuous place and verify that the curriculum is being followed;
(9)  publish in the school's catalogue and enrollment contract a description of the refund policy required under Section 1602.458; and
(10)  provide the department with information on:
(A)  the current course completion rates of students who attend a course of instruction offered by the school; and
(B)  job placement rates and employment rates of students who complete the course of instruction.
SECTION 23.  Section 1602.458(b), Occupations Code, is amended to read as follows:
(b)  The refund policy must provide that:
(1)  the refund is based on the period of the student's enrollment, computed on the basis of course time expressed in scheduled [clock] hours, as specified by an enrollment agreement, contract, or other document acceptable to the department;
(2)  the effective date of the termination for refund purposes is the earliest of:
(A)  the last date of attendance, if the student is terminated by the school;
(B)  the date the license holder receives the student's written notice of withdrawal; or
(C)  10 school days after the last date of attendance; and
(3)  the school may retain not more than $100 if:
(A)  tuition is collected before the course of training begins; and
(B)  the student fails to withdraw from the course of training before the cancellation period expires.
SECTION 24.  Section 1603.255, Occupations Code, is amended to read as follows:
Sec. 1603.255.  EARLY EXAMINATION. The department[, on written request by a student,] may allow [provide] for the early written examination of a student who has completed the following number of [an applicant for a Class A barber certificate, a teacher's certificate, or an operator license who has completed at least 1,000] hours of instruction in a department-approved training program:
(1)  1,000 hours for a student seeking a Class A barber certificate or operator license in a private barber or cosmetology school; or
(2)  900 hours for a student seeking a Class A barber certificate or operator license in a publicly funded barber or cosmetology school.
SECTION 25.  Sections 1603.352(a), (b), and (c), Occupations Code, are amended to read as follows:
(a)  A person who holds a license, certificate, or permit issued under this chapter, Chapter 1601, or Chapter 1602 and who performs a barbering service described by Section 1601.002(1)(E) or (F) or a cosmetology service described by Section 1602.002(a)(10) or (11) shall, before performing the service, clean, disinfect, and sterilize with an autoclave or [a] dry heat sterilizer or sanitize with an[,] ultraviolet sanitizer, [or other department-approved sterilizer,] in accordance with the sterilizer or sanitizer manufacturer's instructions, each metal instrument, including metal nail clippers, cuticle pushers, cuticle nippers, and other metal instruments, used to perform the service.
(b)  The owner or manager of a barber shop, barber school, beauty shop, specialty shop, beauty culture school, or other facility licensed under this chapter, Chapter 1601, or Chapter 1602, is responsible for providing an autoclave, [or] a dry heat sterilizer, or an ultraviolet sanitizer[, or other department-approved sterilizer] for use in the shop or school as required by Subsection (a). [An autoclave or a dry heat, ultraviolet, or other department-approved sterilizer used as required by Subsection (a) must be listed with the United States Food and Drug Administration.]
(c)  Each sterilized or sanitized instrument must be stored in accordance with the manufacturer's instructions.
SECTION 26.  The following provisions of the Occupations Code are repealed:
(1)  Section 1601.001(a)(5);
(2)  Section 1601.354;
(3)  Section 1601.355; and
(4)  Section 1602.403(b).
SECTION 27.  (a) The Texas Department of Licensing and Regulation shall conduct a study that analyzes the performance of barber schools under Subchapter L, Chapter 1601, Occupations Code, and beauty culture schools under Subchapter J, Chapter 1602, Occupations Code, including the payment of refunds and recommendations for improvements to the process for the payment of refunds to eligible students.
(b)  In conducting the study, the Texas Department of Licensing and Regulation shall consult with:
(1)  the Advisory Board on Barbering;
(2)  the Advisory Board on Cosmetology;
(3)  national accrediting organizations for barbers and cosmetologists;
(4)  representatives of barber schools and beauty culture schools; and
(5)  barbers, cosmetologists, and other interested parties.
(c)  Not later than September 1, 2012, the Texas Department of Licensing and Regulation shall report the results of the study to the:
(1)  House Committee on Licensing and Administrative Procedures; and
(2)  Senate Committee on Business and Commerce.
(d)  This section expires September 1, 2013.
SECTION 28.  (a) The Texas Department of Licensing and Regulation shall issue a specialty license in eyelash extension application under Section 1602.2571, Occupations Code, as added by this Act, to an applicant who:
(1)  submits an application on a form prescribed by the department not later than April 1, 2012;
(2)  meets the eligibility requirements of Sections 1602.2571(b)(1) and (2), Occupations Code, as added by this Act;
(3)  submits proof of either:
(A)  successful completion of a training program provided by an eyelash extension manufacturer or distributor that is approved by the department; or
(B)  completion of at least 240 hours of verifiable practical experience performing the practice of cosmetology defined in Section 1602.002(a)(12), Occupations Code, as added by this Act, at a facility licensed under this chapter; and
(4)  pays the required application fee.
(b)  A license issued under this section may be renewed in the same manner as a specialty license in eyelash extension application issued under Section 1602.2571, Occupations Code, as added by this Act.
(c)  This section expires March 1, 2013.
SECTION 29.  (a) Not later than February 1, 2012, the Texas Commission of Licensing and Regulation shall adopt rules to implement Sections 1602.2571 and 1602.2572, Occupations Code, as added by this Act, and Section 28 of this Act.
(b)  A person is not required to hold a specialty license in eyelash extension application issued under Section 1602.2571, Occupations Code, as added by this Act, until June 1, 2012.
SECTION 30.  (a) The changes in law made by this Act apply only to an application for the issuance or renewal of a license or certificate that is filed with the Texas Department of Licensing and Regulation on or after the effective date of this Act. An application for the issuance or renewal of a license or certificate that is filed before the effective date of this Act is governed by the law in effect on the date the application was filed, and the former law is continued in effect for that purpose.
(b)  Except as provided by Section 29(a) of this Act, the Texas Commission of Licensing and Regulation shall adopt rules necessary to implement the changes in law made by this Act not later than March 31, 2012.
SECTION 31.  This Act takes effect September 1, 2011.

Floor Amendment No. 1

Amend CSSB 1170 (house committee printing) as follows:
(1)  In SECTION 20 of the bill, in proposed Section 1602.303(b)(3)(B)(i), Occupations Code, strike "2,000" and substitute "2,800".
(2)  In SECTION 20 of the bill, in proposed Section 1602.303(b)(3)(B)(i), Occupations Code, strike "municipality" and substitute "county".
(3)  In SECTION 20 of the bill, in proposed Section 1602.303(b)(3)(B)(i), Occupations Code, strike "50,000" and substitute "100,000".
(4)  In SECTION 20 of the bill, in proposed Section 1602.303(b)(3)(B)(ii), Occupations Code, strike "1,000" and substitute "1,800".
(5)  In SECTION 20 of the bill, in proposed Section 1602.303(b)(3)(B)(ii), Occupations Code, strike "municipality with a population of 50,000 or less or in an unincorporated area of a county" and substitute "county with a population of 100,000 or less".
(6)  Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:
SECTION ____.  To the extent of any conflict, the change in law made by this Act to Section 1602.303(b)(3)(B), Occupations Code, prevails over a change in law made by any other Act of the 82nd Legislature, Regular Session, 2011, regardless of the relative dates of enactment.

The amendments were read.

Senator Carona moved to concur in the House amendments to SB 1170.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1546 WITH HOUSE AMENDMENT

Senator Patrick called SB 1546 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Floor Amendment No. 2

Amend SB 1546 (house committee printing) in SECTION 1 of the bill, in amended Section 41.45 (e-1), Tax Code (page 1, line 8), by striking "under Section 1.111" and substituting "[under Section 1.111]".

The amendment was read.

Senator Patrick moved to concur in the House amendment to SB 1546.

The motion prevailed by the following vote:  Yeas 30, Nays 1.

Nays:  Rodriguez.

SENATE BILL 1810 WITH HOUSE AMENDMENT

Senator Carona called SB 1810 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.

Amendment

Amend SB 1810 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED
AN ACT
relating to the exemption of certain retirement accounts from access by creditors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Sections 42.0021(a), (c), and (d), Property Code, are amended to read as follows:
(a)  In addition to the exemption prescribed by Section 42.001, a person's right to the assets held in or to receive payments, whether vested or not, under any stock bonus, pension, annuity, deferred compensation, profit-sharing, or similar plan, including a retirement plan for self-employed individuals, or a simplified employee pension plan, an individual retirement account or individual retirement annuity, including an inherited individual retirement account or individual retirement annuity, or a health savings account, and under any annuity or similar contract purchased with assets distributed from that type of plan or account, [and under any retirement annuity or account described by Section 403(b) or 408A of the Internal Revenue Code of 1986, and under any individual retirement account or any individual retirement annuity, including a simplified employee pension plan, and under any health savings account described by Section 223 of the Internal Revenue Code of 1986,] is exempt from attachment, execution, and seizure for the satisfaction of debts to the extent [unless] the plan, contract, annuity, or account is exempt from federal income tax, or to the extent federal income tax on the person's interest is deferred until actual payment of benefits to the person under Section 223, 401(a), 403(a), 403(b), 408(a), 408A, 457(b), or 501(a), Internal Revenue Code of 1986, including a government plan or church plan described by Section 414(d) or (e), [does not qualify under the applicable provisions of the] Internal Revenue Code of 1986. For purposes of this subsection, the interest of a person in a plan, annuity, account, or contract acquired by reason of the death of another person, whether as an owner, participant, beneficiary, survivor, coannuitant, heir, or legatee, is exempt to the same extent that the interest of the person from whom the plan, annuity, account, or contract was acquired was exempt on the date of the person's death. [A person's right to the assets held in or to receive payments, whether vested or not, under a government or church plan or contract is also exempt unless the plan or contract does not qualify under the definition of a government or church plan under the applicable provisions of the federal Employee Retirement Income Security Act of 1974.] If this subsection is held invalid or preempted by federal law in whole or in part or in certain circumstances, the subsection remains in effect in all other respects to the maximum extent permitted by law.
(c)  Amounts distributed from a plan, annuity, account, or contract entitled to an [the] exemption under Subsection (a) are not subject to seizure for a creditor's claim for 60 days after the date of distribution if the amounts qualify as a nontaxable rollover contribution under Subsection (b).
(d)  A participant or beneficiary of a [stock bonus, pension, profit-sharing, retirement] plan, annuity, account, or contract entitled to an exemption under Subsection (a), other than an individual retirement account or individual retirement annuity, [or government plan] is not prohibited from granting a valid and enforceable security interest in the participant's or beneficiary's right to the assets held in or to receive payments under the exempt plan, annuity, account, or contract to secure a loan to the participant or beneficiary from the exempt plan, annuity, account, or contract, and the right to the assets held in or to receive payments from the plan, annuity, account, or contract is subject to attachment, execution, and seizure for the satisfaction of the security interest or lien granted by the participant or beneficiary to secure the loan.
SECTION 2.  Section 42.0021, Property Code, as amended by this Act, applies to an inherited individual retirement plan, annuity, account, or contract without regard to whether the plan, annuity, account, or contract was created before, on, or after the effective date of this Act.
SECTION 3.  The changes made by this Act are intended to clarify rather than change existing law.
SECTION 4.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.

The amendment was read.

Senator Carona moved to concur in the House amendment to SB 1810.

The motion prevailed by the following vote:  Yeas 31, Nays 0.

SENATE BILL 1285 WITH HOUSE AMENDMENT

Senator Watson called SB 1285 from the President's table for consideration of the House amendment to the bill.

The President Pro Tempore laid the bill and the House amendment before the Senate.