HOUSE JOURNAL SEVENTY-EIGHTH LEGISLATURE, REGULAR SESSION PROCEEDINGS SEVENTY-SIXTH DAY — SATURDAY, MAY 24, 2003 The house met at 11 a.m. and was called to order by the speaker. The roll of the house was called and a quorum was announced present (Recordi678). Present — Mr. Speaker; Allen; Alonzo; Bailey; Baxter; Berman; Bohac; Bonnen; Branch; Brown, B.; Brown, F.; Burnam; Callegari; Campbell; Canales; Capelo; Casteel; Castro; Chavez; Chisum; Christian; Coleman; Cook, B.; Cook, R.; Corte; Crabb; Crownover; Davis, J.; Davis, Y.; Dawson; Delisi; Denny; Deshotel; Driver; Dukes; Dunnam; Dutton; Edwards; Eiland; Eissler; Elkins; Ellis; Escobar; Farabee; Farrar; Flores; Flynn; Gallego; Garza; Gattis; Geren; Giddings; Goodman; Goolsby; Griggs; Grusendorf; Guillen; Gutierrez; Haggerty; Hamilton; Hamric; Hardcastle; Harper-Brown; Hartnett; Heflin; Hegar; Hilderbran; Hill; Hochberg; Hodge; Homer; Hope; Hopson; Howard; Hughes; Hunter; Hupp; Isett; Jones, D.; Jones, E.; Jones, J.; Keel; Keffer, B.; Keffer, J.; King; Kolkhorst; Krusee; Kuempel; Laney; Laubenberg; Lewis; Luna; Mabry; Madden; Marchant; Martinez Fischer; McCall; McClendon; McReynolds; Menendez; Mercer; Merritt; Miller; Moreno, J.; Morrison; Mowery; Naishtat; Nixon; Noriega; Oliveira; Olivo; Paxton; Pen ˜a; Phillips; Pickett; Pitts; Puente; Quintanilla; Raymond; Reyna; Riddle; Ritter; Rodriguez; Rose; Seaman; Smith, T.; Smith, W.; Smithee; Solis; Solomons; Stick; Swinford; Talton; Taylor; Telford; Thompson; Truitt; Turner; Uresti; VanArsdale; Villarreal; West; Wilson; Wise; Wohlgemuth; Wolens; Wong; Woolley; Zedler. Absent — Moreno, P. The invocation was offered by Dr. David B. Fannin, senior pastor, Nassau Bay Baptist Church, Houston, as follows: Almighty God, we come into your gates with thanksgiving for the bountiful blessings of life and liberty that are ours as a free people in a free country. We come into your courts with praise to you as the benefactor of these blessings. As we gather here on this Memorial Day weekend, we would remember all those who were willing to make the sacrifices that enable us to live in peace and prosperity. We especially ask for your presence and peace to comfort the families of those who have paid the ultimate price for these freedoms that we so often take for granted. Help us to be willing to follow their example and never shrink from the task or shirk the responsibilities that always come as the price of liberty. Help us to remember the words of Abraham Kuyper who wrote, "When values that go against our deepest convictions begin to win the day, then battle is our calling and peace is a sin."
The invocation was offered by Dr. David B. Fannin, senior pastor, NassauBay Baptist Church, Houston, as follows:
Almighty God, we come into your gates with thanksgiving for the bountifulblessings of life and liberty that are ours as a free people in a free country. Wecome into your courts with praise to you as the benefactor of these blessings.
As we gather here on this Memorial Day weekend, we would remember allthose who were willing to make the sacrifices that enable us to live in peace andprosperity. We especially ask for your presence and peace to comfort the familiesof those who have paid the ultimate price for these freedoms that we so often takefor granted. Help us to be willing to follow their example and never shrink fromthe task or shirk the responsibilities that always come as the price of liberty. Helpus to remember the words of Abraham Kuyper who wrote, "When values that goagainst our deepest convictions begin to win the day, then battle is our calling andpeace is a sin."
We pray for wisdom and understanding for our president and all who serveas his counselors. And now, Father, we pray for those who serve as members ofthe Texas House of Representatives. Help them to be men and women ofcharacter and conviction, never forgetting that their authority to govern comes
from you. And help them to remember that, although they are accountable to thecitizens of this great state, they are ultimately accountable to you. Grant to thema discerning heart that they may have wisdom in their deliberations andunderstanding in their decisions.
Let them not be guided by the pettiness of partisan politics or by what ispolitically expedient, but rather by what is ethical for the citizens of Texas and
exemplary for the children of Texas. Let their attitudes be motivated by graceand their actions marked by mercy. Meet them now in this quiet moment ofmeditation that they may sense your guidance in the duties of today. God blessthem. God bless the governor. And God bless the United States of America.This I pray as my Lord Jesus commanded me to pray, in his name. Amen.
CAPITOL PHYSICIAN
The speaker recognized Representative Paxton who presented Dr. JeffBurchard of Allen as the "Doctor for the Day."
The house welcomed Dr. Burchard and thanked him for his participation inthe Physician of the Day Program sponsored by the Texas Academy of FamilyPhysicians.
(McClendon in the chair)
LEAVES OFABSENCE GRANTED
The following member was granted leave of absence for today to attend ameeting of the conference committee on HB 1:
Pitts on motion of Lewis.
The following members were granted leaves of absence temporarily fortoday to attend a meeting of the conference committee on HB 1:
Luna on motion of Lewis.
Turner on motion of Lewis.
Wohlgemuth on motion of Lewis.
MESSAGE FROM THE SENATE
A message from the senate was received at this time (see the addendum tothe daily journal, Messages from the Senate, Message No. 1).
LEAVES OFABSENCE GRANTED
The following members were granted leaves of absence temporarily for
today to attend a work group on HB 1:
F. Brown on motion of Hunter.
Hupp on motion of Berman.
3668 78th LEGISLATURE — REGULAR SESSION
BILLS AND JOINT RESOLUTIONS ON FIRST READINGAND REFERRALTO COMMITTEES
RESOLUTIONS REFERRED TO COMMITTEES
Bills and joint resolutions were at this time laid before the house, read firsttime, and referred to committees. Resolutions were at this time laid before thehouse and referred to committees. (See the addendum to the daily journal,Referred to Committees, List No. 1.)
(Edwards in the chair)
CONGRATULATORYANDMEMORIAL CALENDAR
The following congratulatory resolutions were laid before the house:
HCR 260 (by Craddick), Honoring Martha L. Long on the occasion of herretirement from the McCamey Independent School District.
HR 841 (by Farrar), Honoring Michele Leal of Clear Lake for her notablecontributions as a participant in the Texas Legislative Internship Program.
HR 1033 (by Harper-Brown), Honoring Sergeant David Childs on hisretirement from the Irving Police Department.
HR 1110 (by Merritt), Congratulating Braeden Hunter Simmons of Kilgoreon being named 2003 Mr. Toddler Texas Cover Boy.
HR 1130 (by Griggs), Honoring Henry Schraub on his retirement as directorof fine arts for the Birdville Independent School District.
HR 1138 (by Hegar), Honoring Edwin "Bud" and Mavis Flukinger ofWaller on their 50th wedding anniversary.
HR 1192 (by Pitts), Honoring Italy school superintendent Mike Clifton forhis participation in the Boston Marathon.
HR 1193 (by Dawson), Honoring Ruby Rosa May Merrill Miles on her 89thbirthday.
HR 1197 (by Lewis), Honoring Lakendra Sharnae Stewart of Tyler for herservice as a student intern during the 78th Legislative Session.
HR 1203 (by Keel), Honoring Austin musician Kevin Fowler for his manyachievements.
HR 1213 (by Villarreal), Honoring San Antonio ’s Alamo Area AerospaceAcademy and the Information Technology and Security Academy.
HR 1214 (by Villarreal), Congratulating Dr. Manuel Berriozabal of TheUniversity of Texas at San Antonio on receiving the 2003 President ’sDistinguished Achievement Award for Excellence in University Service.
HR 1215 (by Stick), Honoring Dan Hejl of Austin for his manycontributions to the Austin community.
HR 1216 (by Hunter), Honoring Michael W. Moehler, Ph.D., in hisretirement on June 1, 2003.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3669
HR 1219 (by Mowery), Honoring Rick Archie of Fort Worth on his many
civic contributions.
HR 1221 (by Y. Davis), Honoring the Elite News Religious Hall of Fame.
HR 1255 (by Farrar), Honoring Levetta Malva Washington of Houston on
her 50th birthday.
HR 1256 (by Farrar, J. Moreno, and Noriega), Honoring Johnny Mata of
Houston for his contributions to LULAC and the Latino community.
HR 1259 (by Campbell), Recognizing June 10, 2003, as Los Lonely Boys
Day.
HR 1265 (by Mercer, et al.), Honoring the Honorable John Longoria of San
Antonio for his public service.
HR 1266 (by Marchant), Honoring First Christian Church of Carrollton on
its 100th anniversary.
HR 1268 (by Giddings), Honoring the Reverend Tyrone D. Gordon of St.
Luke Community United Methodist Church in Dallas as Pastor of the Day on
May 12, 2003, for the Texas House of Representatives.
HR 1272 (by Pitts), Honoring Mike Navarro of Waxahachie on getting a
hole-in-one.
HR 1273 (by J. Jones), Honoring the Reverend Robert C. Hodge, Sr., for 25
years of service at First Baptist Church in Malakoff.
HR 1274 (by Chavez), Honoring U.S. Army Specialist Joseph Neal Hudson
of Alamogordo, New Mexico, for his heroism and service to his country.
HR 1275 (by Chavez), Honoring Specialist Shoshana Nyree Johnson for her
heroism and service to her country.
HR 1276 (by Chavez), Honoring Patrick Wayne Miller of Park City,
Kansas, for his heroism and service to his country.
HR 1277 (by Chavez), Honoring Sergeant James J. Riley of Pennsauken,
New Jersey, for his heroism and service to his country.
HR 1278 (by Chavez), Honoring former POWs from the 507th Maintenance
Co. for their service to their country.
HR 1279 (by Chavez), Honoring participants in Students Helping in the
Naturalization of Elders (SHINE) and program director Richard Gutierrez for
their contributions to the El Paso community.
HR 1280 (by Chavez), Congratulating Carlos Higgins on his
accomplishments as speaker pro tem of the Texas Silver-Haired Legislature.
HR 1281 was withdrawn.
HR 1282 (by Chavez), Honoring Clemencia Prieto for her outstanding work
at the El Paso Center on Family Violence.
3670 78th LEGISLATURE — REGULAR SESSION
HR 1283 (by Quintanilla), Commending the Kiwanis Club of East El Paso
on its civic contributions.
HR 1284 (by Quintanilla), Congratulating Ray and Bibiana Mancera of El
Paso on the birth of their son, Marcos Antonio Mancera.
HR 1288 (by Wise), Honoring Jo-Jo Cerda of Weslaco for his nomination
by the Academy of Country Music as one of the top five radio personalities in the
country.
HR 1289 (by Wise), Honoring the Weslaco ISD Migrant Department for
receiving more awards than any other school district at the Texas State Migrant
Conference.
HR 1290 (by Wise), Congratulating the Donna High School Migrant
Department on its 2002 Texas Migrant Education Conference award.
HR 1291 (by Wise), Congratulating the Garza Tienda de Segunda in Pharr
on its 35th anniversary.
HR 1292 was withdrawn.
HR 1293 (by Wise), Honoring Rosalinda Diaz of Clover Elementary School
for receiving the Betty Scharff Memorial Award.
HR 1299 (by Craddick), Honoring Alonzo Sanders, Jr., and Berda Stewart
Sanders of Midland on their 50th wedding anniversary.
HB 1165 - HOUSE REFUSES TO CONCURIN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Solomons called up with senate amendments forconsideration at this time,
HB 1165, A bill to be entitled An Act relating to corporations.
Representative Solomons moved that the house not concur in the senateamendments and that a conference committee be requested to adjust thedifferences between the two houses on HB 1165.
The motion prevailed without objection.
The chair announced the appointment of the following conferencecommittee, on the part of the house, on HB 1165: Solomons, chair; Elkins;Lewis; Kolkhorst; and B. Keffer.
HB 1208 - HOUSE CONCURS IN SENATE AMENDMENTSTEXT OF SENATE AMENDMENTS
Representative Lewis called up with senate amendments for consideration atthis time,
3674 78th LEGISLATURE — REGULAR SESSION
HB 1208, A bill to be entitled An Act relating to the mitigation of traffic
congestion on highways; providing penalties.
On motion of Representative Lewis, the house concurred in the senate
amendments to HB 1208 by (Record 680): 132 Yeas, 0 Nays, 2 Present, not
HB 1208, A bill to be entitled An Act relating to the mitigation of traffic
congestion on highways; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONi1.iiSection 224.151, Transportation Code, is amended by
amending Subdivisions (2) and (4) and adding Subdivisions (7), (8), and (9) to
read as follows:
(2)ii"Congestion mitigation" means projects and facilities used to reduce
congestion by promoting [to promote] the use of carpools and vanpools, improve
air quality, conserve fuel, and enhance the use of existing highways and facilities
on the state highway system.
(4)ii"High occupancy vehicle lane" means one or more lanes of a
highway or an entire highway where high occupancy vehicles[, trucks, or
emergency vehicles in any combination] are given at all times, or at regularly
scheduled times, a priority or preference over some or all other vehicles moving
in the general stream of all highway traffic.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3675
(7)ii"Exclusive lane" means a lane of a highway or segment of ahighway the use of which is restricted to one or more designated classifications ofmotor vehicle.
(8)ii"Low-emissions vehicle" means a vehicle that meets emissionsstandards established by commission rule.
(9)ii"Restricted lane" includes:(A)iia high occupancy vehicle lane;(B)iia toll lane under Section 224.154; and(C)iian exclusive lane.
SECTIONi2.iiSection 224.152, Transportation Code, is amended to read asfollows:
Sec.i224.152.iiPURPOSE. (a) Subject to the availability of state andfederal funds, it is the intent of the legislature to further the purposes of theUnited States Congress as expressed in 23 U.S.C. Sections 134, 135, 146, and149 and in Section 1012(b) of Pub. L. No. 102-240, as amended, to improvesafety, conserve fuel, decrease traffic congestion during rush hours, improve airquality, develop innovative techniques to finance transportation projects, andenhance the use of existing highways and facilities.
(b)iiThe legislature declares that it is necessary, to further the purposesdescribed by Subsection (a), to provide for the participation of the [commissionand the] department, including the expenditure of available funds by thedepartment, in projects and facilities for the purpose of congestion mitigation.
SECTIONi3.iiSection 224.153, Transportation Code, is amended to read asfollows:
Sec.i224.153.iiHIGH OCCUPANCY VEHICLE LANES AUTHORIZED.(a) The department [commission] may finance, designate, [and the department ora transportation corporation may] design, construct, operate, or maintain one ormore lanes on a multi-lane highway facility as dedicated high occupancy vehiclelanes on the state highway system.
(b)iiThe department may enter into an agreement with a transit authorityunder Chapter 451, 452, or 453, a regional mobility authority under Chapter 361,a municipality, or a transportation corporation for the design, construction,operation, or maintenance of a high occupancy vehicle lane. [The commissionmay spend or allocate any available funds to:
[(1)iidesignate highway lanes as preferential carpool or high occupancyvehicle lanes and create facilities to relieve traffic congestion; or
[(2)iimake any other designation of a dedicated high occupancy vehiclelane on the state highway system.]
(c)iiThe department may authorize a motorcycle or a low-emissions vehicleto use a [A motor vehicle displaying the "low-emissions vehicle" insigniaauthorized by Section 502.186 in an easily readable location on the back of thevehicle is entitled to travel in a preferential car pool or] high occupancy vehiclelane designated under this section regardless of the number of persons on themotorcycle or occupants in the vehicle[. This subsection expires August 31,2008].
3676 78th LEGISLATURE — REGULAR SESSION
(d)iiThe department may not authorize the use of a high occupancy vehiclelane designed, constructed, operated, or maintained under Subsection (b) by amotorcycle or a low-emissions vehicle that is not occupied by the requiredminimum number of persons if the use would impair the receipt of federal transitfunds.
SECTIONi4.iiSection 224.154, Transportation Code, is amended to read asfollows:
Sec.i224.154.iiTOLL LANES [CONGESTION MITIGATION]. (a)Notwithstanding any law of this state relating to charging tolls on existing freepublic highways, and subject to Section 224.1541(d), the commission may byorder authorize the department [or a transportation corporation] to charge a tollfor the use of one or more lanes of a state highway facility, including a highoccupancy vehicle lane, for the purposes of congestion mitigation.
(b)iiIf the commission authorizes the department to charge a toll underSubsection (a), the department [The commission] may enter into an agreementwith a regional tollway authority described in Chapter 366, [or] a transit authoritydescribed in Chapter 451, 452, or 453, a regional mobility authority underChapter 361, a county acting under Chapter 284, or a transportation corporation:
(1)iito design, construct, operate, or maintain a toll lane under thissection; and
(2)iito charge a toll for the use of one or more lanes of a state highwayfacility under this section [subsection].
(c)i[(b)]iiThe commission may by order authorize the department or theentity contracted to operate the toll lane to set the amount of toll charges. Any tollcharges shall be imposed in a reasonable and nondiscriminatory manner.
[(c)iiFor purposes of congestion mitigation projects and facilities under thissubchapter, the department, a transportation corporation, and a regional tollwayauthority or a transit authority with whom the commission has an agreementunder this section are successor agencies to the Texas Turnpike Authority forpurposes of Section 52-b, Article III, Texas Constitution.]
(d)iiRevenue generated from toll charges and collection [administrative] feesassessed by the department in connection with a toll lane [congestion mitigationfacility] shall be deposited in the state highway fund and may be used only forprojects for the improvement of the state highway system. Revenue generatedfrom toll charges and collection [administrative] fees assessed by an entity withwhom the department [commission] contracts under this section shall be allocatedas required by the terms of the agreement.
(e)iiThe powers granted by this section are subject to the restrictions of 23U.S.C. Section 129.
SECTIONi5.iiSubchapter F, Chapter 224, Transportation Code, is amendedby adding Section 224.1541 to read as follows:
Sec.i224.1541.iiEXCLUSIVE LANES. (a) The commission by order maydesignate and the department may finance, design, construct, operate, or maintainone or more lanes of a state highway facility as exclusive lanes.
(b)iiThe commission may designate a lane as an exclusive lane underSubsection (a) only if the commission determines that:
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3677
(1)iithere:(A)iiare two or more lanes adjacent to the proposed exclusive lane
for the use of vehicles other than vehicles for which the lane is restricted; or(B)iiis a multilane facility adjacent to the proposed exclusive lane
for the use of vehicles other than vehicles for which the lane is restricted; and(2)iithe use or operation of the exclusive lane is likely to enhance safety,
mobility, or air quality.(c)iiThe adjacent lanes or adjacent multilane facility under Subsection (b)
may be designated as exclusive lanes or an exclusive lane facility for the use ofvehicles that are prohibited from using the exclusive lane.
(d)iiThe department may not charge a toll for the use of an exclusive laneunless:
(1)iithe lanes or multilane facility adjacent to the exclusive lane istolled; or
(2)iia vehicle that is authorized to use the tolled exclusive lane isauthorized to use nontolled adjacent lanes or an adjacent nontolled multilanefacility.
SECTIONi6.iiSubchapter F, Chapter 224, Transportation Code, is amendedby adding Sections 224.1542 and 224.1543 to read as follows:
Sec.i224.1542.iiPOLICE AND EMERGENCY VEHICLES. A restrictionimposed on a restricted lane under this subchapter does not apply to a policevehicle or an authorized emergency vehicle as defined by Section 541.201.
Sec.i224.1543.iiTRAFFIC CONTROL DEVICES. (a) The departmentshall erect and maintain official traffic control devices necessary to implementand ensure compliance with lane restrictions designated under this subchapter.The department, in a contract to operate a toll lane under this subchapter, mayauthorize the contracted entity to erect and maintain necessary official trafficcontrol devices.
(b)iiSection 544.004 applies to a traffic control device erected under thissection.
SECTIONi7.iiSection 224.156, Transportation Code, is amended to read asfollows:
Sec.i224.156.iiCOLLECTION [ADMINISTRATIVE] FEE; NOTICE;OFFENSE. (a) In the event of nonpayment of the proper toll as required bySection 224.155, on issuance of a written notice of nonpayment, the registeredowner of the nonpaying vehicle is liable for the payment of both the proper tolland a collection [an administrative] fee.
(b)iiThe commission by rule or an entity contracted to operate a toll lane[and a transportation corporation] by order of its governing body [board ofdirectors] may respectively impose and collect a collection [an administrative]fee, not to exceed $100, to recover the cost of collecting an unpaid toll. The entityoperating the toll lane [department] shall send a written notice of nonpayment tothe registered owner of the vehicle at that owner ’s address as shown in the vehicleregistration records of the department by first-class mail [not later than the 30thday after the date of the alleged failure to pay] and may require payment not
3678 78th LEGISLATURE — REGULAR SESSION
sooner than the 30th day after the date the notice was mailed. The registeredowner shall pay a separate toll and collection [administrative] fee for each eventof nonpayment under Section 224.155.
(c)iiThe registered owner of a vehicle for which the proper toll was not paidwho is mailed a written notice of nonpayment under Subsection (b) and fails topay the proper toll and collection [administrative] fee within the time specified bythe notice of nonpayment commits an offense. Each failure to pay a toll orcollection [administrative] fee under this subsection is a separate offense.
(d)iiIt is an exception to the application of Subsection (a) or (c) if theregistered owner of the vehicle is a lessor of the vehicle and, not later than the30th day after the date the notice of nonpayment is mailed, provides to the entityoperating the toll lane [department or the transportation corporation] a copy of therental, lease, or other contract document covering the vehicle on the date of thenonpayment under Section 224.155, with the name and address of the lesseeclearly legible. If the lessor provides the required information within the periodprescribed, the entity operating the toll lane [department or the transportationcorporation] may send a notice of nonpayment to the lessee at the address shownon the contract document by first-class mail before the 30th day after the date ofreceipt of the required information from the lessor. The lessee of the vehicle forwhich the proper toll was not paid who is mailed a written notice of nonpaymentunder this subsection and fails to pay the proper toll and collection[administrative] fee within the time specified by the notice of nonpaymentcommits an offense. The lessee shall pay a separate toll and collection[administrative] fee for each event of nonpayment under Section 224.155. Eachfailure to pay a toll or collection [administrative] fee under this subsection is aseparate offense.
(e)iiIt is an exception to the application of Subsection (a) or (c) if theregistered owner of the vehicle transferred ownership of the vehicle to anotherperson before the event of nonpayment under Section 224.155 occurred,submitted written notice of the transfer to the department in accordance withSection 520.023, and, before the 30th day after the date the notice of nonpaymentis mailed, provides to the entity operating the toll lane [department or thetransportation corporation] the name and address of the person to whom thevehicle was transferred. If the former owner of the vehicle provides the requiredinformation within the period prescribed, the entity operating the toll lane[department or the transportation corporation] may send a notice of nonpaymentto the person to whom ownership of the vehicle was transferred at the addressprovided the former owner by first-class mail before the 30th day after the date ofreceipt of the required information from the former owner. The subsequent ownerof the vehicle for which the proper toll was not paid who is mailed a writtennotice of nonpayment under this subsection and fails to pay the proper toll andcollection [administrative] fee within the time specified by the notice ofnonpayment commits an offense. The subsequent owner of the vehicle shall pay aseparate toll and collection [administrative] fee for each event of nonpaymentunder Section 224.155. Each failure to pay a toll or collection [administrative] feeunder this subsection is a separate offense.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3679
(f)iiAn offense under this section is a misdemeanor punishable by a fine notto exceed $250.
(g)iiThe court in which a person is convicted of an offense under this sectionshall also collect the proper toll and collection [administrative] fee and forwardthe toll and fee to the entity operating the toll collection facility [department or tothe transportation corporation].
(h)iiIn this section, "registered owner" means the owner of a vehicle asshown on the vehicle registration records of the department or the analogousdepartment or agency of another state or country.
(i)iiAn entity operating a toll lane under this subchapter may contract with aperson to collect the proper toll and a required collection fee before filing acomplaint charging the commission of an offense under Subsection (c), (d), or(e).
SECTIONi8.iiSection 224.158(c), Transportation Code, is amended to readas follows:
(c)iiAn entity operating a toll lane under this subchapter [The followingentities] shall consider offering motor vehicle operators the option of using atransponder to pay tolls without stopping, to mitigate congestion at toll collectionlocations, to enhance traffic flow, and to otherwise increase efficiency ofoperations[:
[(1)iithe department;[(2)iia regional tollway authority governed by Chapter 366;[(3)iia transportation corporation;[(4)iian entity to which a project authorized by this subchapter is
transferred by an entity described by Subdivision (1), (2), or (3); or[(5)iia third-party service provider under contract with an entity
described by Subdivision (1), (2), (3), or (4)].SECTIONi9.iiSection 545.0651, Transportation Code, is amended to read as
follows:Sec.i545.0651.ii[MUNICIPAL] RESTRICTION ON USE OF HIGHWAY.
(a) In this section:(1)ii"Commission" means the Texas Transportation Commission.(1-a)i[(1)]ii"Department" means the Texas Department of
Transportation.(2)ii"Highway" means a public highway [roadway] that:
(A)iiis in the designated state highway system;(B)iiis designated a controlled access facility; and(C)iihas a minimum of three travel lanes, excluding access or
frontage roads, in each direction of traffic that may be part of a single roadway ormay be separate roadways that are constructed as an upper and lower deck.
(b)iiThe commission by order may restrict, by class of vehicle, throughtraffic to two or more designated lanes of a highway. If the lanes to be restrictedby the commission are located within a municipality, the commission shallconsult with the municipality before adopting an order under this section. Amunicipality by ordinance may restrict, by class of vehicle, through traffic to twoor more designated lanes of a highway in the municipality.
3680 78th LEGISLATURE — REGULAR SESSION
(c)iiAn order or ordinance under Subsection (b) must[:[(1)iibe in effect only during peak traffic hours of a workday; and[(2)]iiallow a restricted vehicle to use any lane of the highway to pass
another vehicle and to enter and exit the highway.(d)iiBefore adopting an ordinance [under this section], a [the] municipality
shall submit to the department a description of the proposed restriction. Themunicipality may not enforce the restrictions unless[:
[(1)]iithe department ’s executive director or the executive director ’sdesignee has approved the restrictions[; and
[(2)iithe appropriate traffic control devices are in place].(e)iiDepartment approval under Subsection (d) must:
(1)iibe based on a traffic study performed by the department to evaluatethe effect of the proposed restriction; and
(2)iito the greatest extent practicable, ensure a systems approach topreclude the designation of inconsistent lane restrictions among adjacentmunicipalities.
(f)iiThe department ’s executive director or the executive director ’s designeemay suspend or rescind approval of any restrictions approved under Subsection(d) [this section] for one or more of the following reasons:
(1)iia change in pavement conditions;(2)iia change in traffic conditions;(3)iia geometric change in roadway configuration;(4)iiconstruction or maintenance activity; or(5)iiemergency or incident management.
(g)iiThe department shall erect and maintain official traffic control devicesnecessary to implement and enforce an order adopted or an ordinance adoptedand approved under this section. A restriction approved under this section maynot be enforced until the appropriate traffic control devices are in place.
SECTIONi10.iiThis Act takes effect immediately if it receives a vote oftwo-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 forimmediate effect, this Act takes effect September 1, 2003.
LEAVE OFABSENCE GRANTED
The following member was granted leave of absence temporarily for todayto attend a meeting of the conference committee on HB 1:
Heflin on motion of Lewis.
(Zedler in the chair)
HB 156 - HOUSE CONCURS IN SENATE AMENDMENTSTEXT OF SENATE AMENDMENTS
Representative Krusee called up with senate amendments for considerationat this time,
HB 156, A bill to be entitled An Act relating to the grant of the power ofeminent domain to a regional mobility authority.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3681
On motion of Representative Krusee, the house concurred in the senateamendments to HB 156 by (Record 681): 133 Yeas, 0 Nays, 2 Present, notvoting.
Amend HB 156 by striking all below the enacting clause and substitutingthe following:
SECTIONi1.iiSection 361.003, Transportation Code, is amended by addingSubsections (m)-(r) to read as follows:
(m)iiExcept as otherwise provided in this section, the governing body of aregional mobility authority has the same powers and duties that the commissionand the department have under Subchapter D relating to the condemnation orpurchase of real property. Notwithstanding Section 361.135(a), the concurrenceof the commission is not a prerequisite to the exercise of the power ofcondemnation by the governing body of the regional mobility authority.
(n)iiThe governing body of a regional mobility authority may acquire realproperty by the exercise of the power of condemnation only if:
(1)iithe real property is located in a county that is part of the regionalmobility authority; or
(2)iithe real property is not located within a county that is part of theregional mobility authority and the commissioners court of the county in whichthe real property is located concurs in the exercise of the power of eminentdomain to acquire the property.
3682 78th LEGISLATURE — REGULAR SESSION
(o)iiSubsection (m) does not authorize the governing body of a regional
mobility authority to condemn or purchase real property of a rapid transit
authority operating under Chapter 451, Transportation Code, that was confirmed
before July 1, 1985, and in which the principal municipality has a population of
less than 750,000, unless the governing body of the regional mobility authority
has entered into a written agreement with the governing body of the rapid transit
authority specifying the terms and conditions under which the condemnation or
purchase of the real property will occur.
(p)iiThe governing body of a regional mobility authority may not file a
declaration of taking as provided by Section 361.137 or take possession of
property as provided by Section 361.138.
(q)iiWith respect to a transportation project that is subject to Subpart C, 23
C.F.R. Part 450, a power granted by Subsection (m) may only be used if the
transportation project for which property will be condemned or purchased is:
(1)iiincluded in the plan approved by the applicable metropolitan
planning organization; and
(2)iiconsistent with the statewide transportation plan and the statewide
transportation improvement plan.
(r)iiA regional mobility authority may not condemn a bridge that is owned
by a municipality or county and connects this state with the United Mexican
States.
SECTIONi2.iiThis Act takes effect immediately if it receives a vote of
two-thirds of all the members elected to each house, as provided by Section 39,
Article III, Texas Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003.
MAJOR STATE CALENDAR
SENATE BILLS
THIRD READING
The following bills were laid before the house and read third time:
SB 591 ON THIRD READING
(Allen - House Sponsor)
SB 591, A bill to be entitled An Act relating to the structure and functions of
the Texas Council on Offenders with Mental Impairments and to reassigning the
duties of the council to the Advisory Committee to the Texas Board of Criminal
Justice on Offenders with Medical or Mental Impairments and the Texas
Correctional Office on Offenders with Medical or Mental Impairments.
SB 591 was passed.
MESSAGE FROM THE SENATE
A message from the senate was received at this time (see the addendum to
the daily journal, Messages from the Senate, Message No. 2).
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3683
BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER
Notice was given at this time that the speaker had signed bills andresolutions in the presence of the house (see the addendum to the daily journal,Signed by the Speaker, Senate List No. 36).
SB 127 ON THIRD READING(Seaman - House Sponsor)
SB 127, A bill to be entitled An Act relating to the handling, settling, anduse of certain claims in the insurance business; providing penalties.
Amendment No. 1
Representative Seaman offered the following amendment to SBi127:
Amend SB 127 on third reading as follows:(1) In Section 5A(b)(1), Article 21.07-5, Insurance Code, as added by item
(7) of Amendment No. 1 by Seaman, strike "rules adopted by the departmentunder" and substitute "the provisions of".
(2) In Section 15A(b)(1), Article 21.07-5, Insurance Code, as added by item(17) of Amendment No. 1 by Seaman, strike rules adopted by the departmentunder" and substitute "the provisions of".
Amendment No. 1 was adopted without objection.
Amendment No. 2
Representative Solomons offered the following amendment to SBi127:
Amend SB 127, on third reading, in added Subsection (c), Section 23,Article 21.07-5, Insurance Code, following the last sentence of the subsection, byinserting:
A licensee shall comply with Chapter 43, Business & Commerce Code, asadded by Chapter 1429, Acts of the 77th Legislature, Regular Session, 2001,when soliciting or attempting to solicit business.
Amendment No. 2 was adopted without objection.
A record vote was requested.
SB 127, as amended, was passed by (Record 682): 139 Yeas, 0 Nays, 2Present, not voting.
SB 282, A bill to be entitled An Act relating to the continuation and
functions of the Texas State Board of Plumbing Examiners; providing penalties.
Amendment No. 1
Representative Miller offered the following amendment to SBi282:
Amend SB 282 on third reading by striking Section 1301.052, Occupations
Code, Subsection 2 and replacing it with the following:
(2) not connected to a public water system and is located] located
outside a municipality; or
Amendment No. 2
Representative Miller offered the following amendment to Amendment
No.i1:
Amend the Miller amendment to SB 282 by striking the text of the
amendment and substituting the following:
Section 1301.052, Occupations Code, is amended to read as follows:
Sec. 1301.052. WORK INSIDE OR OUTSIDE MUNICIPALITIES. A
person is not required to be licensed under this chapter to perform plumbing,
other than plumbing performed in conjunction with new construction, on a
property that is:
(1) located in a subdivision or on a tract of land that is not required to
be platted under Section 232.0015, Local Government Code; or
(2) not connected to a public water system and is located] outside a
municipality; or
(3) located outside a municipality and connected to a public water
system that services any area that does not require a license to perform plumbing;
or
(4) inside a municipality with fewer than 5,000 inhabitants, unless an
ordinance of the municipality requires the person to be licensed.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3685
LEAVE OFABSENCE GRANTED
The following member was granted leave of absence temporarily for today
to attend a work group on HB 1:
Kolkhorst on motion of Geren.
SB 282 - (consideration continued)
Amendment No. 2 was withdrawn.
Amendment No. 3
Representative Miller offered the following amendment to Amendment
No.i1:
Amend the Miller amendment to SB 282 by striking the text of the
amendment and substituting the following:
Section 1301.052, Occupations Code, is amended to read as follows:
Sec. 1301.052. WORK INSIDE OR OUTSIDE MUNICIPALITIES. A
person is not required to be licensed under this chapter to perform plumbing,
other than plumbing performed in conjunction with new construction, on a
property that is:
(1) located in a subdivision or on a tract of land that is not required to
be platted under Section 232.0015, Local Government Code; or
(2) not connected to a public water system and is located] outside a
municipality; or
(3) located outside a municipality and connected to a public water
system that does not require a license to perform plumbing; or
(4) inside a municipality with fewer than 5,000 inhabitants, unless an
ordinance of the municipality requires the person to be licensed.
Amendment No. 3 was adopted without objection.
SB 282 - STATEMENT OF LEGISLATIVE INTENT
Amendment No. 3
REPRESENTATIVE DUNNAM: The amendment, if we ’re clear about the intentthat is acceptable, we want to make sure that these large home developers that are
not inside the city limits or municipality do not get out of this––doesn ’t appearthat they do––it seems like they ’re still covered and do require licensed plumbers,but I do want to tell the body that we ’re going to look at this amendment when it
goes to conference to make sure that we haven ’t inadvertently granted a loophole
for these people.
REMARKS ORDERED PRINTED
Representative Wise moved to print remarks by Representative Dunnam.
The motion prevailed without objection.
Amendment No. 1, as amended, was adopted without objection.
SB 282, as amended, was passed.
3686 78th LEGISLATURE — REGULAR SESSION
HB 1454 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Eiland called up with senate amendments for consideration at
this time,
HB 1454, A bill to be entitled An Act relating to powers of a property
owners ’association relating to restrictive covenants in certain subdivisions.Representative Eiland moved that the house not concur in the senate
amendments and that a conference committee be requested to adjust the
differences between the two houses on HB 1454.
The motion prevailed without objection.
The chair announced the appointment of the following conference
committee, on the part of the house, on HB 1454: Eiland, chair; McCall; Casteel;
Griggs; and Thompson.
HB 1883 - HOUSE REFUSES TO CONCUR
IN SENATE AMENDMENTS
CONFERENCE COMMITTEE APPOINTED
Representative Baxter called up with senate amendments for consideration
at this time,
HB 1883, A bill to be entitled An Act relating to the appointment of a voting
proxy by members of certain policy boards of metropolitan planning
organizations.
Representative Baxter moved that the house not concur in the senate
amendments and that a conference committee be requested to adjust the
differences between the two houses on HB 1883.
The motion prevailed without objection.
The chair announced the appointment of the following conference
committee, on the part of the house, on HB 1883: Baxter, chair; Keel; Krusee;
Gattis; and Pickett.
HCR 262 - ADOPTED
(by T. Smith)
Representative T. Smith moved to suspend all necessary rules to take up and
consider at this time HCRi262.
The motion prevailed without objection.
The following resolution was laid before the house:
HCR 262, Honoring Bob and Betty Stewart of Bedford on their 50th
wedding anniversary.
HCR 262 was adopted without objection.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3687
BILLS AND RESOLUTIONS SIGNED BY THE SPEAKER
Notice was given at this time that the speaker had signed bills and
resolutions in the presence of the house (see the addendum to the daily journal,
Signed by the Speaker, House List No. 45).
HR 1473 - ADOPTED
(by Hodge)
Representative Hodge moved to suspend all necessary rules to take up and
consider at this time HRi1473.
The motion prevailed without objection.
The following resolution was laid before the house:
HR 1473, Honoring William A. Shirley, Jr., of Dallas on his 60th birthday.
HR 1473 was adopted without objection.
On motion of Representative Giddings, the names of all the members of the
house were added to HRi1473 as signers thereof.
MAJOR STATE CALENDAR
(consideration continued)
SB 14 ON THIRD READING
(Smithee, Seaman, Eiland, Bonnen, Gallego, et al. - House Sponsors)
SB 14, A bill to be entitled An Act relating to the regulation of residential
property and commercial and personal automobile insurance; providing a
criminal penalty.
Amendment No. 1
Representative McCall offered the following amendment to SBi14:
Amend SB 14 on third reading in ARTICLE 2 of the bill by adding the
following appropriately numbered SECTION and renumbering the existing
SECTIONS:
SECTION 2_____. Article 21.49-2U, Insurance Code, as added by this
article, applies to an insurance policy delivered, issued for delivery, or renewed
on or after March 1, 2004. A policy delivered, issued for delivery, or renewed
before January 1, 2004, 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.
Amendment No. 1 was withdrawn.
Amendment No. 2
Representative Taylor offered the following amendment to SBi14:
Amend SB 14 on third reading, in ARTICLE 4 of the bill, in added Section
5A, Article 5.13-2, Insurance Code, as added by Amendment No. 1 by Smithee,
following added Subsection (m), by inserting the following new subsections:
3688 78th LEGISLATURE — REGULAR SESSION
(n) An insurer whose rates were not regulated by the department before the
effective date of SB 14, Acts of the 78th Legislature, Regular Session, 2003, may
renew business in an affiliate as necessary to comply with this article. Business
renewed in an affiliate is not considered nonrenewed business of the insurer from
which the business is transferred.
(o) A motor vehicle insurance rating manual, including a risk or rate
classification contained in the rating manual, used by a county mutual insurance
company whose rates were not regulated by the department before the effective
date of SB 14, Acts of the 78th Legislature, Regular Session, 2003, is presumed
valid and is deemed approved by the commissioner unless a classification
contained in the manual is expressly prohibited by this article or another
provision of this code. This subsection applies only to conduct that occurs on or
after the effective date of SB 14, Acts of the 78th Legislature, Regular Session,
2003. Conduct occurring before the effective date of SB 14, Acts of the 78th
Legislature, Regular Session, 2003, is covered by the law in effect at the time that
the conduct occurred. This subsection expires June 1, 2004.
(p) A county mutual insurance company shall file with the department a
motor vehicle rating manual, including a risk or rate classification contained in
the rating manual, not later than the 30th day after the effective date of SB 14,
Acts of the 78th Legislature, Regular Session, 2003.
Amendment No. 2 was adopted without objection.
Amendment No. 3
Representative Wolens offered the following amendment to SBi14:
Amend Amendment No. 30 to SB 14, on third reading, on page 1, line 4 of
the amendment, by striking "SECTION 3.07" and substituting "SECTION 2.01".
Amendment No. 3 was adopted without objection.
Amendment No. 4
Representative McCall offered the following amendment to SBi14:
Amend SB 14 on third reading in ARTICLE 2 of the bill by adding the
following appropriately numbered SECTION and renumbering the existing
SECTIONS:
SECTION 4 . Article 21.49-U, Insurance Code, as added by this Act,
applies to an insurance policy delivered, issued for delivery, or renewed on or
after February 1, 2004. A policy delivered, issued for delivery, or renewed before
February 1, 2004, 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.
Amendment No. 5
Representative E. Jones offered the following amendment to Amendment
No.i4:
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3689
Amend the McCall amendment to SB 14, on third reading, by amendingadded Article 21.49-2W, Insurance Code, by inserting the followingappropriately numbered Section and renumbering the subsequent Sections of thearticle appropriately:
Sec. CONSUMER REPORTING AGENCIES. An insurer may not accept acredit score from a consumer reporting agency other than a consumer reportingagency that is regulated by the state banking department in accordance with rulesadopted by the state finance commission.
(Speaker in the chair)
Amendment No. 5 was withdrawn.
Amendment No. 4 was withdrawn.
Amendment No. 6
Representative McCall offered the following amendment to SBi14:
Amend SB 14 on third reading in ARTICLE 2 of the bill by adding thefollowing appropriately numbered SECTION and renumbering the existingSECTIONS:
SECTION 4 . Article 21.49-U, Insurance Code, as added by this Act,applies to an insurance policy delivered, issued for delivery, or renewed on orafter February 1, 2004. A policy delivered, issued for delivery, or renewed beforeFebruary 1, 2004, is governed by the law as it existed immediately before theeffective date of this Act, and that law is continued in effect for that purpose.
Amendment No. 7
Representative E. Jones offered the following amendment to AmendmentNo.i6:
Amend the McCall amendment to SB 14, on third reading, by amendingadded Article 21.49-2W, Insurance Code, by inserting the followingappropriately numbered Section and renumbering the subsequent Sections of thearticle appropriately:
Sec. CONSUMER REPORTING AGENCIES. An insurer may not accept acredit score from a consumer reporting agency other than a consumer reportingagency that is regulated by the state banking department in accordance with rulesadopted by the state finance commission. This section expires February 1, 2004.
Amendment No. 7 was adopted without objection.
Amendment No. 6, as amended, was adopted.
SB 14, as amended, was passed.
HR 1468 - NOTICE OF INTRODUCTION
Pursuant to the provisions of Rule 13, Section 9(f) of the House Rules, thespeaker announced the introduction of HRi1468, suspending the limitations onthe conferees for HBi9.
(Allen in the chair)
3690 78th LEGISLATURE — REGULAR SESSION
MAJOR STATE CALENDAR
SENATE BILLS
SECOND READING
The following bills were laid before the house and read second time:
CSSB 264 ON SECOND READING
(Callegari, Talton, Edwards, and Wong - House Sponsors)
CSSB 264, A bill to be entitled An Act relating to the continuation and
functions of the Texas Department of Housing and Community Affairs.
Amendment No. 1
Representative Mercer offered the following amendment to CSSBi264:
Amend CSSB 264 as follows:
1) On page 3, lines 4-5, strike "; or (C) a public housing authority".
2) On page 29, line 15, after the semicolon, strike "or" and insert the
following:
"(C) funds provided to the state under Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. Section 12701 et seq.);
(D) funds provided to the state and participating jurisdictions the
Housing and Community Development Act of 1974 (42 U.S.C. Section 5301 et
seq.); or"
3) On page 36, lines 11-13, strike "The department shall underwrite an
application solely to determine the appropriate level of housing tax credits" and
substitute "The department shall underwrite an application to determine the
financial feasibility of the development and an appropriate level of housing tax
credits".
4) On page 38, line 5, insert the following sentence after the period: "This
subsection applies only to communities contained within counties with
populations in excess of 1 million."
Amendment No. 1 was adopted without objection.
Amendment No. 2
Representative R. Cook offered the following amendment to CSSBi264:
Amend CSSB 264 (house committee report) as follows:
(1)iiIn SECTION 10 of the bill, in amended Section 2306.111(d),
Government Code (page 9, lines 9 and 10), strike "each uniform state service
region" and substitute "the state [each uniform state service region]".
(2)iiIn SECTION 10 of the bill, in amended Section 2306.111(d),
Government Code in the last sentence (page 9, lines 20-23), strike the language
beginning with "from a particular" and ending with "feasibility." and substitute
the following:
"from a particular category of urban, exurban, or rural areas [uniform state service
region], the department shall use the unused funds or credits allocated to that type
of area [region] for the remaining types of areas [all other regions] based on
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3691
identified need and financial feasibility, except that the department shall allocateto rural areas of this state a minimum of 15 percent of the funds or creditsdescribed by this section."
(3)iiIn SECTION 10 of the bill, in amended Section 2306.111(e),Government Code (page 10, lines 2 and 3), strike "each uniform state serviceregion" and substitute "the state [each uniform state service region]".
Amendment No. 2 was withdrawn.
Amendment No. 3
Representative Rodriguez offered the following amendment to CSSBi264:
Amend CSSB 264 by adding the following appropriately numberedSECTIONS to the bill and renumbering existing SECTIONS of the billaccordingly:
SECTIONi__.iiSubchapter K, Chapter 2306, Government Code, is amendedby adding Section 2306.259 to read as follows:
Sec.i2306.259.iiHOMESTEAD PRESERVATION DISTRICT PILOTPROGRAM. (a) The department shall establish a homestead preservation districtpilot program that meets the requirements of Chapter 373A, Local GovernmentCode. The department shall select through a competitive application process notmore than three municipalities in this state to participate in the program.
(b)iiThe department shall develop a procedure for evaluating theadministration of the program and for evaluating the effectiveness of the programin producing affordable housing and preserving home ownership. Not later thanDecember 1 of each even-numbered year, the department shall submit to thelegislature a report based on the results of the evaluation. In the report, thedepartment may also make recommendations to the legislature regardingadditional powers, the deletion of powers, or the modification of powers as thedepartment considers appropriate for the increased effectiveness of participatingmunicipalities in achieving the purposes of Chapter 373A, Local GovernmentCode.
(c)iiThe department may require participating municipalities to bear thereasonable costs of the department in evaluating the program and submitting areport on that evaluation as required by this section.
(d)iiIn administering the program, the board may use money available to thedepartment to provide financial assistance for housing production or homesteadpreservation to a municipality operating a homestead preservation district.
(e)iiThis section expires September 1, 2007.SECTIONi__.iiSubtitle A, Title 12, Local Government Code, is amended by
adding Chapter 373A to read as follows:CHAPTER 373A. HOMESTEAD PRESERVATION DISTRICT PILOT
PROGRAMSUBCHAPTER A. GENERAL PROVISIONS
Sec.i373A.001.iiPURPOSES. The purpose of this chapter is to create a pilotprogram administered by the Texas Department of Housing and CommunityAffairs that:
3692 78th LEGISLATURE — REGULAR SESSION
(1)iipromotes the ability of this state and municipalities in this state toincrease home ownership and provide affordable housing through public andprivate initiatives;
(2)iiprevents the involuntary loss of owner-occupied affordable housingby low-income and moderate-income homeowners living in disadvantagedneighborhoods; and
(3)iipromotes the economic welfare of municipalities and improves theeconomic and social conditions in disadvantaged neighborhoods by enhancingthe physical and economic viability of home ownership among low-income andmoderate-income residents in neighborhoods experiencing economic pressures.
Sec.i373A.0015.iiAPPLICABILITY. This chapter applies only tomunicipalities in this state selected by the Texas Department of Housing andCommunity Affairs under Section 2306.259, Government Code, to participate inthe pilot program.
Sec.i373A.002.iiDEFINITIONS. In this chapter:(1)ii"District" means a homestead preservation district designated under
Subchapter B.(2)ii"Eligible individual or family" means an individual or family whose
household income is at or below the greater of:(A)iithe median family income of the district, adjusted for family
size, as determined by the most recent United States decennial census andupdated annually by the municipality under a methodology established by themunicipality in its homestead preservation district plan; or
(B)ii60 percent of the median family income of the municipality,adjusted for family size, as determined by the most recent United States decennialcensus and updated annually by the municipality under a methodologyestablished by the municipality in its homestead preservation district plan.
(3)ii"Municipality" means the municipality that designates a district.(4)ii"Neighborhood housing development corporation" means a
neighborhood-based nonprofit housing development corporation:(A)iithat is organized under the Texas Non-Profit Corporation Act
(Article 1396-1.01 et seq., Vernon ’s Texas Civil Statutes);(B)iithat is exempt from federal income taxation under Section
501(a), Internal Revenue Code of 1986, as amended, by being listed underSection 501(c)(3) of that code; and
(C)iiwhose board of directors includes residents of theneighborhood in which the corporation operates.
(5)ii"Taxing unit" has the meaning assigned by Section 1.04, Tax Code.(6)ii"Trust" means a homestead land trust created or designated under
Subchapter C.[Sections 373A.003-373A.050 reserved for expansion]
SUBCHAPTER B. GENERAL POWERS AND DUTIESSec.i373A.051.iiMUNICIPAL POWER TO DESIGNATE DISTRICT. (a)
To promote and expand the ownership of affordable housing and to prevent theinvoluntary loss of homesteads by existing homeowners living in the district, the
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3693
governing body of a municipality by ordinance may designate as a homestead
preservation district an area in the municipality that is eligible under Section
373A.052.
(b)iiThe ordinance must describe the boundaries of the district and designate
the powers that apply to the district under this subchapter.
(c)iiA municipality may not create more than one district under this
subchapter.
(d)iiA municipality may abolish a district created under this subchapter by
ordinance.
Sec.i373A.052.iiELIGIBILITY FOR DESIGNATION. To be designated as
a district under this subchapter, an area must be composed of contiguous United
States census tracts that, based on the most recent federal decennial census, have
a median family income of less than 80 percent of the median family income of
the entire municipality.
Sec.i373A.053.iiDISTRICT PLAN. (a) A municipality that creates a district
shall operate the district in conformity with a district plan adopted by the
governing body of the municipality.
(b)iiThe governing body of the municipality shall update the plan every
three years. The plan may be amended from time to time.
(c)iiThe plan must include:
(1)iian inventory of the housing and land resources suitable for housing
in the district, including:
(A)iian analysis of the affordable housing needs of the residents of
the municipality and the district;
(B)iian analysis of the physical condition of the existing housing
stock in the district;
(C)iian analysis of owner and rental housing costs in the district;
and
(D)iia roll of property in the district suitable for the development of
affordable housing;
(2)iia comprehensive strategy with quantifiable goals stating the actions
the municipality plans to take to provide and preserve affordable housing in the
district;
(3)iiestimates for a period of three years of the sources and amount of
any funds that will be made available to the district for the purposes of
constructing and preserving affordable housing in the district;
(4)iithe proposed use of funds identified in Subdivision (3);
(5)iia map showing the boundaries of the district and any trusts existing
in the district; and
(6)iia methodology to be employed to ensure that housing created with
funding from the municipality in the district remains affordable.
(d)iiThe governing body of a municipality must hold a public hearing on a
proposed district plan at least 30 days before the date the governing body adopts
or updates the plan.
3694 78th LEGISLATURE — REGULAR SESSION
(e)iiThe city manager or the city manager ’s designee or, if the municipalitydoes not have a city manager, a person designated by the mayor shall make
copies of the proposed district plan available to the public not later than the 60th
day before the date of the public hearing.
Sec.i373A.054.iiANNUAL REPORT. (a) A municipality that creates a
district shall prepare annually a report that includes the following information
about the district:
(1)iian inventory of the affordable housing units created in the district
during the preceding fiscal year with funding under this chapter, including:
(A)iithe address of the housing units;
(B)iithe income level of the individuals or families residing in the
housing units; and
(C)iithe rent or sales price of the housing units;
(2)iian inventory of the properties purchased in the district during the
preceding fiscal year with funding under this chapter, including:
(A)iithe address of each property; and
(B)iithe income level of the individuals or families residing on each
property;
(3)iia list of demolition permits for residential property issued in the
district by the municipality during the preceding fiscal year and, for each property
for which a demolition permit was issued, the street address and appraised value
of the property; and
(4)iithe amount of all funding provided by the municipality in the
district for affordable housing during the preceding fiscal year, including:
(A)iithe source of the funding; and
(B)iithe recipient of the funding.
(b)iiThe municipality shall submit the report to the Texas Department of
Housing and Community Affairs and shall maintain copies of the report for
public review.
Sec.i373A.055.iiGEOGRAPHIC INFORMATION SYSTEM LAND
INVENTORY. (a) A municipality must develop and maintain a geographic
information system database consisting of a computer-based system or a series of
district maps that present the following data about properties in the district:
(1)iithe condition of each improved property as determined by the local
appraisal district;
(2)iithe boundaries of any neighborhood associations, neighborhood
housing development corporations, and trusts in the district;
(3)iithe zoning for each property;
(4)iifor each property, whether the property is publicly or privately
owned; and
(5)iithe current land use of the property as determined by the local
appraisal district.
(b)iiThe municipality shall make the inventory available for inspection by
the Texas Department of Housing and Community Affairs and by the public.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3695
[Sections 373A.056-373A.100 reserved for expansion]SUBCHAPTER C. HOMESTEAD LAND TRUST
Sec.i373A.101.iiCREATION. A municipality may create or designate one ormore trusts to operate solely in the district under this subchapter and toaccomplish the goals described in this subchapter.
Sec.i373A.102.iiNATURE OF TRUST. A trust must:(1)iibe organized under the Texas Non-Profit Corporation Act (Article
1396-1.01 et seq., Vernon ’s Texas Civil Statutes);(2)iibe exempt from federal income taxation under Section 501(a),
Internal Revenue Code of 1986, as amended, by being listed under Section501(c)(3) of that code;
(3)iimeet the requirements of a charitable organization provided bySections 11.18(e) and (f), Tax Code, for which purpose the functions for whichthe trust is created are considered to be charitable functions; and
(4)iibe created for the purposes of:(A)iiacquiring and retaining land in the district in trust for the
low-income residents of the district; and(B)iipreserving the long-term affordability of the land.
Sec.i373A.103.iiBOARD OF DIRECTORS. (a) A trust is governed by aboard of seven directors.
(b)iiDirectors of a trust serve staggered three-year terms, with the terms oftwo or three directors expiring each year.
(c)iiAt all times, at least five of the directors of a trust must be residents ofthe district for which the trust was created.
(d)iiExcept as provided by Subsection (e), the governing body of themunicipality that creates a trust shall appoint the members of the board ofdirectors of the trust.
(e)iiIf the trust owns land on which at least 20 occupied housing units arelocated, the governing body of the municipality shall appoint five of the directorsand the residents of housing units shall appoint two of the directors. Thissubsection does not affect the eligibility of a director appointed under Subsection(d) to continue to serve on the board for the remainder of the term to which thedirector was appointed.
Sec.i373A.104.iiTRANSFER OF TITLE TO LAND. (a) A trust maytransfer title to the land it owns only with the approval of:
(1)iisix of the directors of the trust; and(2)iithe governing body of the municipality.
(b)iiA trust shall sell or lease homes located on land owned by the trust toeligible individuals or families at affordable prices or rents.
Sec.i373A.105.iiTRANSFER FROM GOVERNMENTAL ENTITIES;FORGIVENESS OF OUTSTANDING TAXES. (a) A governmental entity maytransfer land to a trust for less than market value and without competitivebidding.
(b)iiA taxing unit may forgive outstanding taxes and fees on any propertytransferred by a governmental entity to a trust if otherwise allowed by law.
3696 78th LEGISLATURE — REGULAR SESSION
Sec.i373A.106.iiTAX EXEMPTION. Property owned by a trust is exemptfrom ad valorem taxation if the trust qualifies the property for an exemptionunder Section 11.18, Tax Code.
Sec.i373A.107.iiOPEN MEETINGS AND RECORDS. A trust is consideredto be a governmental body for purposes of Chapters 551 and 552, GovernmentCode.
[Sections 373A.108-373A.150 reserved for expansion]SUBCHAPTER D. TAX INCREMENT FINANCING
Sec.i373A.151.iiAUTHORITY TO USE TAX INCREMENT FINANCING.A municipality may use tax increment financing under Chapter 311, Tax Code, inthe manner provided by that chapter and as modified by this subchapter for thepurposes of this subchapter.
Sec.i373A.152.iiBOUNDARIES OF REINVESTMENT ZONE. Theboundaries of a reinvestment zone designated under this subchapter must becoextensive with or included entirely within the district.
Sec.i373A.153.iiADMINISTRATION OF REINVESTMENT ZONE. (a)Section 311.009, Tax Code, does not apply to tax increment financing under thissubchapter.
(b)iiFor the purposes of tax increment financing under this subchapter, thegoverning body of the municipality is the board of directors of the reinvestmentzone.
Sec.i373A.154.iiUSE OF MONEY IN TAX INCREMENT FUND. (a)Notwithstanding Section 311.014, Tax Code, money in a tax increment fundestablished under this subchapter may be disbursed from the fund only to:
(1)iimake grants to a neighborhood housing development corporation ora trust to pay the project costs, as defined by Section 311.002, Tax Code, incurredby the corporation or trust in connection with the development of affordablehousing in the reinvestment zone for eligible individuals or families; or
(2)iimake interest-free loans to a neighborhood housing developmentcorporation certified by the municipality to be used to acquire land and constructor rehabilitate housing in the zone for eligible individuals or families.
(b)iiAll owner-occupied housing constructed or rehabilitated with moneyfrom the tax increment fund must be affordable for at least 10 years using a resaleformula designated by the municipality as provided by the district plan.
(c)iiAll rental housing constructed or rehabilitated with money from the taxincrement fund must be affordable for at least 40 years using a methodologyadopted by the municipality as provided by the district plan.
Sec.i373A.155.iiANNUAL REPORT. The annual report required by Section311.016, Tax Code, must:
(1)iiinclude, in addition to the information required by that section, adetailed accounting of the amount and purpose of expenditures from the taxincrement fund, including the name of each recipient of a grant or loan from thefund; and
(2)iibe made available to the public on request in addition to being sentto the Texas Department of Housing and Community Affairs, the attorneygeneral, and the comptroller.
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[Sections 373A.156-373A.200 reserved for expansion]SUBCHAPTER E. HOMESTEAD LAND BANK
Sec.i373A.201.iiDEFINITIONS. In this subchapter:(1)ii"Homestead land bank plan" or "plan" means a plan adopted by the
governing body of a municipality as provided by Section 373A.203.(2)ii"Homestead land bank program" or "program" means a program
adopted under Section 373A.202.(3)ii"Land bank" means an entity established or approved by the
governing body of a municipality for the purpose of acquiring, holding, andtransferring unimproved real property under this subchapter.
Sec.i373A.202.iiHOMESTEAD LAND BANK PROGRAM. (a) Thegoverning body of a municipality may adopt a homestead land bank program inwhich the officer charged with selling real property ordered sold pursuant toforeclosure of a tax lien may sell certain eligible real property by private sale forthe purpose of affordable housing development as provided by this subchapter.
(b)iiThe governing body of a municipality that adopts a program shallestablish or approve a land bank for the purpose of acquiring, holding, andtransferring unimproved real property under this subchapter.
Sec.i373A.203.iiHOMESTEAD LAND BANK PLAN. (a) A municipalitythat adopts a program shall operate the program in conformity with a homesteadland bank plan adopted by the governing body of the municipality.
(b)iiThe governing body of the municipality shall update the plan annually.The plan may be amended from time to time.
(c)iiIn developing the plan, the municipality shall consider other housingplans adopted by the municipality, including the comprehensive plan submitted tothe United States Department of Housing and Urban Development and all fairhousing plans and policies adopted or agreed to by the municipality.
(d)iiThe plan must include:(1)iia list of neighborhood housing development corporations eligible to
participate in the purchase of property under this subchapter;(2)iia list of the parcels of real property that may become eligible for
sale to the land bank during the upcoming year;(3)iithe municipality ’s plan for affordable housing development on
those parcels of real property; and(4)iithe sources and amounts of funding anticipated to be available from
the municipality for subsidies for development of affordable housing in thedistrict, including any money specifically available for housing developed underthe program, as approved by the governing body of the municipality at the timethe plan is adopted.
(e)iiThe governing body of a municipality must hold a public hearing on aproposed plan at least 30 days before the date the governing body adopts orupdates the plan.
(f)iiThe city manager or the city manager ’s designee or, if the municipalitydoes not have a city manager, a person designated by the mayor shall providenotice of the hearing to all neighborhood housing development corporations and
3698 78th LEGISLATURE — REGULAR SESSION
to neighborhood associations identified by the municipality as serving theneighborhoods in which properties anticipated to be available for sale to the landbank under this subchapter are located.
(g)iiThe city manager or the city manager ’s designee or, if the municipalitydoes not have a city manager, a person designated by the mayor shall makecopies of the proposed plan available to the public not later than the 60th daybefore the date of the public hearing.
Sec.i373A.204.iiPRIVATE SALE TO LAND BANK. (a) Notwithstandingany other law and except as provided by Subsection (f), property that is orderedsold pursuant to foreclosure of a tax lien may be sold in a private sale to a landbank by the officer charged with the sale of the property without first offering theproperty for sale as otherwise provided by Section 34.01, Tax Code, if:
(1)iithe market value of the property as specified in the judgment offoreclosure is less than the total amount due under the judgment, including alltaxes, penalties, and interest, plus the value of nontax liens held by a taxing unitand awarded by the judgment, court costs, and the cost of the sale;
(2)iithe property is not improved with a building or buildings;(3)iithere are delinquent taxes on the property for each of the preceding
six years; and(4)iithe municipality has executed with the other taxing units that are
parties to the tax suit an interlocal agreement that enables those units to agree toparticipate in the program while retaining the right to withhold consent to the saleof specific properties to the land bank.
(b)iiA sale of property for use in connection with the program is a sale for apublic purpose.
(c)iiIf the person being sued in a suit for foreclosure of a tax lien does notcontest the market value of the property in the suit, the person waives the right tochallenge the amount of the market value determined by the court for purposes ofthe sale of the property under Section 33.50, Tax Code.
(d)iiFor any sale of property under this subchapter, each person who was adefendant to the judgment, or that person ’s attorney, shall be given, not later thanthe 90th day before the date of sale, written notice of the proposed method of saleof the property by the officer charged with the sale of the property. Notice shallbe given in the manner prescribed by Rule 21a, Texas Rules of Civil Procedure.
(e)iiAfter receipt of the notice required by Subsection (d) and before the dateof the proposed sale, the owner of the property subject to sale may file with theofficer charged with the sale a written request that the property not be sold in themanner provided by this subchapter.
(f)iiIf the officer charged with the sale receives a written request as providedby Subsection (e), the officer shall sell the property as otherwise provided bySection 34.01, Tax Code.
(g)iiThe owner of the property subject to sale may not receive any proceedsof a sale under this subchapter. However, the owner does not have any personalliability for a deficiency of the judgment as a result of a sale under thissubchapter.
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(h)iiNotwithstanding any other law, if consent is given by the taxing units
that are a party to the judgment, property may be sold to the land bank for less
than the market value of the property as specified in the judgment or less than the
total of all taxes, penalties, and interest, plus the value of nontax liens held by a
taxing unit and awarded by the judgment, court costs, and the cost of the sale.
(i)iiThe deed of conveyance of the property sold to a land bank under this
section conveys to the land bank the right, title, and interest acquired or held by
each taxing unit that was a party to the judgment, subject to the right of
redemption.
Sec.i373A.205.iiSUBSEQUENT RESALE BY LAND BANK. (a) Each
subsequent resale of property acquired by a land bank under this subchapter must
comply with the conditions of this section.
(b)iiThe land bank must sell a property to a neighborhood housing
development corporation within the three-year period following the date of
acquisition for the purpose of construction of affordable housing for sale or rent
to low-income households. If after three years a neighborhood housing
development corporation has not purchased the property, the property shall be
transferred from the land bank to the taxing units who were parties to the
judgment for disposition as otherwise allowed under the law.
(c)iiThe deed conveying a property sold by the land bank must include a
right of reverter so that if the neighborhood housing development corporation
does not apply for a construction permit and close on any construction financing
within the three-year period following the date of the conveyance of the property
from the land bank to the neighborhood housing development corporation, the
property will revert to the land bank for subsequent resale to another
neighborhood housing development corporation or conveyance to the taxing
units who were parties to the judgment for disposition as otherwise allowed under
law.
Sec.i373A.206.iiRESTRICTIONS ON OCCUPANCY AND USE OF
PROPERTY. (a) A land bank shall impose deed restrictions on property sold to
neighborhood housing development corporations requiring the development of
the property for and the sale or rental of the property to eligible individuals or
families.
(b)iiIf property is developed for rental housing, the deed restrictions must be
for a period of not less than 15 years.
(c)iiThe deed restrictions under Subsection (b) must require the owner to file
an annual occupancy report with the municipality on a reporting form provided
by the municipality. The deed restrictions must also prohibit the exclusion of an
individual or family from admission to the development because the individual or
family participates in the housing choice voucher program under Section 8,
United States Housing Act of 1937 (42 U.S.C. Section 1437f), as amended.
(d)iiAdditional occupancy and use restrictions may be adopted by the
governing body of the municipality in the plan and applied to property sold to the
land bank under this subchapter.
3700 78th LEGISLATURE — REGULAR SESSION
Sec.i373A.207.iiOPEN RECORDS AND MEETINGS. A land bank isconsidered to be a governmental body for purposes of Chapters 551 and 552,Government Code.
Sec.i373A.208.iiRECORDS; AUDIT; REPORT. (a) A land bank shall keepaccurate minutes of its meetings and shall keep accurate records and books ofaccount that conform with generally accepted accounting principles and thatclearly reflect the income and expenses of the land bank and all transactions inrelation to its property.
(b)iiThe land bank shall file with the municipality not later than the 90th dayafter the close of the fiscal year annual audited financial statements prepared by acertified public accountant. The financial transactions of the land bank are subjectto audit by the municipality.
(c)iiFor purposes of evaluating the effectiveness of the program, the landbank shall submit an annual performance report to the municipality not later thanNovember 1 of each year in which the land bank acquires or sells property underthis subchapter. The performance report must include:
(1)iia complete and detailed written accounting of all money andproperties received and disbursed by the land bank during the preceding fiscalyear;
(2)iifor each property acquired by the land bank during the precedingfiscal year:
(A)iithe street address of the property;(B)iithe legal description of the property;(C)iithe date the land bank took title to the property;(D)iithe name and address of the property owner of record at the
time of the foreclosure;(E)iithe amount of taxes and other costs owed at the time of the
foreclosure; and(F)iithe assessed value of the property on the tax roll at the time of
the foreclosure;(3)iifor each property sold by the land bank during the preceding fiscal
year to a neighborhood housing development corporation:(A)iithe street address of the property;(B)iithe legal description of the property;(C)iithe name and mailing address of the neighborhood housing
development corporation;(D)iithe purchase price paid by the neighborhood housing
development corporation;(E)iithe maximum incomes allowed for eligible individuals or
families by the terms of the sale; and(F)iithe source and amount of any public subsidy provided by the
municipality to facilitate the sale or rental of the property to eligible individualsor families;
(4)iifor each property sold by a neighborhood housing developmentcorporation during the preceding fiscal year, the buyer ’s household income and adescription of all use and sale restrictions; and
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(5)iifor each property developed for rental housing with an active deedrestriction, a copy of the most recent annual report filed by the owner with theland bank.
(d)iiThe land bank shall maintain in its records for inspection a copy of thesale settlement statement for each property sold by a neighborhood housingdevelopment corporation and a copy of the first page of the mortgage note withthe interest rate and indicating the volume and page number of the instrument asfiled with the county clerk.
(e)iiThe land bank and the municipality shall submit the performance reportto the Texas Department of Housing and Community Affairs and shall maintaincopies of the report for public review.
[Sections 373A.209-373A.250 reserved for expansion]SUBCHAPTER F. EXPIRATION OF CHAPTER
Sec.i373A.251.iiEXPIRATION DATE. Except as provided by Section373A.252, this chapter expires September 1, 2007.
Sec.i373A.252.iiCONCLUSION OF DISTRICT MATTERS. (a) On theexpiration of this chapter under Section 373A.251, the municipality that created adistrict under this chapter:
(1)iiassumes the place of any homestead land trust the municipalitycreated or designated under this chapter and has the powers and duties of the landtrust for all purposes;
(2)iiassumes the place of any homestead land bank established orapproved by the municipality under this chapter and has the powers and duties ofthe land bank for all purposes; and
(3)iishall take the actions necessary to conclude, before September 1,2008, all matters relating to the district, including all matters relating to thehomestead land trust, the homestead land bank, and tax increment financingaffecting the district.
(b)iiRegardless of the expiration of this chapter under Section 373A.251,this chapter is continued in effect to the extent necessary for the municipality toconclude all matters relating to the district as required by Subsection (a)(3).
(c)iiThe municipality, homestead land trust, homestead land bank, and otherpersons may not take any action during the existence of the district that wouldprevent the municipality from concluding all matters relating to the district asrequired by Subsection (a)(3).
(d)iiThis section expires January 1, 2009.SECTIONi___. (a) Not later than January 1, 2004, the Texas Department
of Housing and Community Affairs shall adopt rules and procedures for thehomestead preservation district pilot program, including rules and proceduresaddressing the application deadlines for participation in the program.
(b)iiNot later than March 1, 2004, the department shall select threemunicipalities to participate in the homestead preservation district pilot program.
Amendment No. 3 was withdrawn.
Amendment No. 4
Representative Hamric offered the following amendment to CSSBi264:
3702 78th LEGISLATURE — REGULAR SESSION
Amend CSSB 264 by adding the following SECTION, appropriatelynumbered, and renumbering the subsequent SECTIONS of the bill accordingly:
SECTIONi____.ii(a) The heading to Section 11.182, Tax Code, is amendedto read as follows:
S e c . i 11 . 182 . i iCOMMUNITY HOUSING DEVELOPMENTORGANIZATIONS IMPROVING PROPERTY FOR LOW-INCOME ANDMODERATE-INCOME HOUSING: PROPERTY PREVIOUSLY EXEMPT.
(b)iiSection 11.182, Tax Code, is amended by adding Subsection (j) to readas follows:
(j)iiAn organization may not receive an exemption under Subsection (b) orunder Subsection (f), as added by Chapter 1191, Acts of the 77th Legislature,Regular Session, 2001, for property for a tax year beginning on or after January1, 2004, unless the organization received an exemption under that subsection forthat property for the 2003 tax year.
(c)iiSubchapter B, Chapter 11, Tax Code, is amended by adding Sections11.1825 and 11.1826 to read as follows:
S e c . i 11 . 1 825 . i iORGANIZAT IONS CONSTRUCTING ORREHABILITATING LOW-INCOME HOUSING: PROPERTY NOTPREVIOUSLY EXEMPT. (a) An organization is entitled to an exemption fromtaxation of real property owned by the organization that the organizationconstructs or rehabilitates and uses to provide housing to individuals or familiesmeeting the income eligibility requirements of this section.
(b)iiTo receive an exemption under this section, an organization must meetthe following requirements:
(1)iifor at least the preceding three years, the organization:(A)iihas been exempt from federal income taxation under Section
501(a), Internal Revenue Code of 1986, as amended, by being listed as an exemptentity under Section 501(c)(3) of that code;
(B)iihas met the requirements of a charitable organization providedby Sections 11.18(e) and (f); and
(C)iihas had as one of its purposes providing low-income housing;(2)iia majority of the members of the board of directors of the
organization have their principal place of residence in this state;(3)iiat least two of the positions on the board of directors of the
organization must be reserved for and held by:(A)iian individual of low income as defined by Section 2306.004,
Government Code, whose principal place of residence is located in this state;(B)iian individual whose residence is located in an economically
disadvantaged census tract as defined by Section 783.009(b), Government Code,in this state; or
(C)iia representative appointed by a neighborhood organization inthis state that represents low-income households; and
(4)iithe organization must have a formal policy containing proceduresfor giving notice to and receiving advice from low-income households residing inthe county in which a housing project is located regarding the design, siting,development, and management of affordable housing projects.
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(c)iiNotwithstanding Subsection (b), an owner of real property that is not anorganization described by that subsection is entitled to an exemption fromtaxation of property under this section if the property otherwise qualifies for theexemption and the owner is:
(1)iia limited partnership of which an organization that meets therequirements of Subsection (b) controls 100 percent of the general partnerinterest; or
(2)iian entity the parent of which is an organization that meets therequirements of Subsection (b).
(d)iiIf the owner of the property is an entity described by Subsection (c), theentity must:
(1)iibe organized under the laws of this state; and(2)iihave its principal place of business in this state.
(e)iiA reference in this section to an organization includes an entitydescribed by Subsection (c).
(f)iiFor property to be exempt under this section, the organization must ownthe property for the purpose of constructing or rehabilitating a housing project onthe property and:
(1)iirenting the housing to individuals or families whose median incomeis not more than 60 percent of the greater of:
(A)iithe area median family income for the household ’s place ofresidence, as adjusted for family size and as established by the United StatesDepartment of Housing and Urban Development; or
(B)iithe statewide area median family income, as adjusted forfamily size and as established by the United States Department of Housing andUrban Development; or
(2)iiselling single-family dwellings to individuals or families whosemedian income is not more than the greater of:
(A)iithe area median family income for the household ’s place ofresidence, as adjusted for family size and as established by the United StatesDepartment of Housing and Urban Development; or
(B)iithe statewide area median family income, as adjusted forfamily size and as established by the United States Department of Housing andUrban Development.
(g)iiProperty may not receive an exemption under this section unless at least50 percent of the total square footage of the dwelling units in the housing projectis reserved for individuals or families described by Subsection (f).
(h)iiThe annual total of the monthly rent charged or to be charged for eachdwelling unit in the project reserved for an individual or family described bySubsection (f) may not exceed 30 percent of the area median family income forthe household ’s place of residence, as adjusted for family size and as establishedby the United States Department of Housing and Urban Development.
(i)iiProperty owned for the purpose of constructing a housing project on theproperty is exempt under this section only if:
(1)iithe property is used to provide housing to individuals or familiesdescribed by Subsection (f); or
3704 78th LEGISLATURE — REGULAR SESSION
(2)iithe housing project is under active construction or other physical
preparation.
(j)iiFor purposes of Subsection (i)(2), a housing project is under physical
preparation if the organization has engaged in architectural or engineering work,
soil testing, land clearing activities, or site improvement work necessary for the
construction of the project or has conducted an environmental or land use study
relating to the construction of the project.
(k)iiAn organization may not receive an exemption for a housing project
constructed by the organization if the construction of the project was completed
before the effective date of this section.
(l)iiIf the property is owned for the purpose of rehabilitating a housing
project on the property:
(1)iithe original construction of the housing project must have been
completed at least 10 years before the date the organization began actual
rehabilitation of the project;
(2)iithe person from whom the organization acquired the project must
have owned the project for at least five years, if the organization is not the
original owner of the project;
(3)iithe organization must provide to the chief appraiser and, if the
project was financed with bonds, the issuer of the bonds a written statement
prepared by a certified public accountant stating that the organization has spent
on rehabilitation costs at least the greater of $5,000 or the amount required by the
financial lender for each dwelling unit in the project; and
(4)iithe organization must maintain a reserve fund for replacements:
(A)iiin the amount required by the financial lender; or
(B)iiif the financial lender does not require a reserve fund for
replacements, in an amount equal to $300 per unit per year.
(m)iiBeginning with the 2005 tax year, the amount of the reserve required
by Subsection (l)(4)(B) is increased by an annual cost-of-living adjustment
determined in the manner provided by Section 1(f)(3), Internal Revenue Code of
1986, as amended, substituting "calendar year 2004" for the calendar year
specified in Section 1(f)(3)(B) of that code.
(n)iiA reserve must be established for each dwelling unit in the property,
regardless of whether the unit is reserved for an individual or family described by
Subsection (f). The reserve must be maintained on a continuing basis, with
withdrawals permitted:
(1)iionly as authorized by the financial lender; or
(2)iiif the financial lender does not require a reserve fund for
replacements, only to pay the cost of capital improvements needed for the
property to maintain habitability under the Minimum Property Standards of the
United States Department of Housing and Urban Development or the code of a
municipality or county applicable to the property, whichever is more restrictive.
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(o)iiFor purposes of Subsection (n)(2), "capital improvement" means aproperty improvement that has a depreciable life of at least five years undergenerally accepted accounting principles, excluding typical "make ready"expenses such as expenses for plasterboard repair, interior painting, or floorcoverings.
(p)iiIf the organization acquires the property for the purpose of constructingor rehabilitating a housing project on the property, the organization must berenting or offering to rent the applicable square footage of dwelling units in theproperty to individuals or families described by Subsection (f) not later than thethird anniversary of the date the organization acquires the property.
(q)iiIf property qualifies for an exemption under this section, the chiefappraiser shall use the income method of appraisal as provided by Section 23.012to determine the appraised value of the property. In appraising the property, thechief appraiser shall:
(1)iiconsider the restrictions provided by this section on the income ofthe individuals or families to whom the dwelling units of the housing project maybe rented and the amount of rent that may be charged for purposes of computingthe actual rental income from the property or projecting future rental income; and
(2)iiuse the same capitalization rate that the chief appraiser uses toappraise other rent-restricted properties.
(r)iiNot later than January 31 of each year, the appraisal district shall givepublic notice in the manner determined by the district, including posting on thedistrict ’s website if applicable, of the capitalization rate to be used in that year toappraise property receiving an exemption under this section.
(s)iiUnless otherwise provided by the governing body of a taxing unit underSubsection (x), the amount of the exemption under this section from taxation is50 percent of the appraised value of the property.
(t)iiNotwithstanding Section 11.43(c), an exemption under this section doesnot terminate because of a change in ownership of the property if:
(1)iithe property is foreclosed on for any reason and, not later than the30th day after the date of the foreclosure sale, the owner of the property submitsto the chief appraiser evidence that the property is owned by:
(A)iian organization that meets the requirements of Subsection (b);or
(B)iian entity that meets the requirements of Subsections (c) and(d); or
(2)iiin the case of property owned by an entity described by Subsections(c) and (d), the organization meeting the requirements of Subsection (b) thatcontrols the general partner interest of or is the parent of the entity as describedby Subsection (c) ceases to serve in that capacity and, not later than the 30th dayafter the date the cessation occurs, the owner of the property submits evidence tothe chief appraiser that the organization has been succeeded in that capacity byanother organization that meets the requirements of Subsection (b).
(u)iiThe chief appraiser may extend the deadline provided by Subsection(t)(1) or (2), as applicable, for good cause shown.
3706 78th LEGISLATURE — REGULAR SESSION
(v)iiNotwithstanding any other provision of this section, an organization
may not receive an exemption from taxation by a taxing unit any part of which is
located in a county with a population of at least 1.4 million unless the exemption
is approved by the governing body of the taxing unit in the manner provided by
law for official action.
(w)iiTo receive an exemption under this section from taxation by a taxing
unit for which the approval of the governing body of the taxing unit is required
by Subsection (v), an organization must submit to the governing body of the
taxing unit a written request for approval of the exemption from taxation of the
property described in the request.
(x)iiNot later than the 60th day after the date the governing body of the
taxing unit receives a written request under Subsection (w) for an exemption
under this section, the governing body shall:
(1)iiapprove the exemption in the amount provided by Subsection (s);
(2)iiapprove the exemption in a reasonable amount other than the
amount provided by Subsection (s); or
(3)iideny the exemption if the governing body determines that:
(A)iithe taxing unit cannot afford the loss of ad valorem tax revenue
that would result from approving the exemption; or
(B)iiadditional housing for individuals or families meeting the
income eligibility requirements of this section is not needed in the territory of the
taxing unit.
(y)iiNot later than the fifth day after the date the governing body of the
taxing unit takes action under Subsection (x), the taxing unit shall issue a letter to
the organization stating the governing body ’s action and, if the governing body
denied the exemption, stating whether the denial was based on a determination
under Subsection (x)(3)(A) or (B) and the basis for the determination. The taxing
unit shall send a copy of the letter by regular mail to the chief appraiser of each
appraisal district that appraises the property for the taxing unit. The governing
body may charge the organization a fee not to exceed the administrative costs of
processing the request of the organization, approving or denying the exemption,
and issuing the letter required by this subsection. If the chief appraiser
determines that the property qualifies for an exemption under this section and the
governing body of the taxing unit approves the exemption, the chief appraiser
shall grant the exemption in the amount approved by the governing body.
Sec.i11.1826.iiMONITORING OF COMPLIANCE WITH LOW-INCOME
AND MODERATE-INCOME HOUSING EXEMPTIONS. (a) In this section,
"department" means the Texas Department of Housing and Community Affairs.
(b)iiProperty may not be exempted under Section 11.1825 for a tax year
unless the organization owning or controlling the owner of the property has an
audit prepared by an independent auditor covering the organization ’s most recentfiscal year. The audit must be conducted in accordance with generally accepted
accounting principles. The audit must include an opinion on whether:
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(1)iithe financial statements of the organization present fairly, in all
material respects and in conformity with generally accepted accounting
principles, the financial position, changes in net assets, and cash flows of the
organization; and
(2)iithe organization has complied with all of the terms and conditions
of the exemption under Section 11.1825.
(c)iiNot later than the 180th day after the last day of the organization ’s mostrecent fiscal year, the organization must deliver a copy of the audit to the
department and the chief appraiser of the appraisal district in which the property
is located.
(d)iiNotwithstanding any other provision of this section, if the property
contains not more than 36 dwelling units, the organization may deliver to the
department and the chief appraiser a detailed report and certification as an
alternative to an audit.
(e)iiProperty may not be exempted under Section 11.182 for a tax year
unless the organization owning or controlling the owner of the property complies
with this section, except that the audit required by this section must address
compliance with the requirements of Section 11.182.
(f)iiAll information submitted to the department or the chief appraiser under
this section is subject to required disclosure, is excepted from required disclosure,
or is confidential in accordance with Chapter 552, Government Code, or other
law.
(d)iiSections 11.436(a) and (c), Tax Code, are amended to read as follows:
(a)iiAn organization that acquires property that qualifies for an exemption
under Section 11.181(a) or 11.1825 [11.182(a)] may apply for the exemption for
the year of acquisition not later than the 30th day after the date the organization
acquires the property, and the deadline provided by Section 11.43(d) does not
apply to the application for that year.
(c)iiTo facilitate the financing associated with the acquisition of a property,
an organization, before acquiring the property, may request from the chief
appraiser of the appraisal district established for the county in which the property
is located a preliminary determination of whether the property would qualify for
an exemption under Section 11.1825 [11.182] if acquired by the organization.
The request must include the information that would be included in an
application for an exemption for the property under Section 11.1825 [11.182].
Not later than the 45th [21st] day after the date a request is submitted under this
subsection, the chief appraiser shall issue a written preliminary determination for
the property included in the request. A preliminary determination does not affect
the granting of an exemption under Section 11.1825 [11.182].
(e)iiSubchapter B, Chapter 23, Tax Code, is amended by adding Section
23.215 to read as follows:
Sec.i23.215.iiAPPRAISAL OF CERTAIN NONEXEMPT PROPERTY
USED FOR LOW-INCOME OR MODERATE-INCOME HOUSING. (a) This
section applies only to real property owned by an organization:
3708 78th LEGISLATURE — REGULAR SESSION
(1)iithat on the effective date of this section was rented to a low-incomeor moderate-income individual or family satisfying the organization ’s incomeeligibility requirements and that continues to be used for that purpose;
(2)iithat was financed under the low income housing tax credit programunder Subchapter DD, Chapter 2306, Government Code;
(3)iithat does not receive an exemption under Section 11.182 or11.1825; and
(4)iithe owner of which has not entered into an agreement with anytaxing unit to make payments to the taxing unit instead of taxes on the property.
(b)iiThe chief appraiser shall appraise the property in the manner providedby Section 11.1825(q).
(f)iiThis section takes effect immediately if this Act receives a vote oftwo-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 forimmediate effect, this section takes effect September 1, 2003.
Amendment No. 5
Representative Capelo offered the following amendment to AmendmentNo.i4:
Amend floor amendment on page 10, line 13 by striking (f) in its entiretyand substitute "this Act takes effect January 1, 2004."
Representative Hamric moved to table Amendment No. 5.
The motion to table was lost.
Amendment No. 6
Representative Capelo offered the following substitute amendment forAmendment No.i5:
Substitute the following for the Capelo amendment:Amend floor amendment on page 11, lines 26-30 by striking (f) in its
entirety and substitute "this Act takes effect January 1, 2004."
Amendment No. 6 was adopted without objection.
Amendment No. 5, as substituted, was adopted without objection.
Amendment No. 4 was withdrawn.
LEAVE OFABSENCE GRANTED
The following member was granted leave of absence for the remainder oftoday because of family business:
Eiland on motion of McCall.
MESSAGE FROM THE SENATE
A message from the senate was received at this time (see the addendum tothe daily journal, Messages from the Senate, Message No. 3).
CSSB 264 - (consideration continued)
CSSB 264, as amended, was passed to third reading.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3709
CSSB 284 ON SECOND READING
(Callegari, Talton, Edwards, and Wong - House Sponsors)
CSSB 284, A bill to be entitled An Act relating to the continuation and
functions of the Texas State Affordable Housing Corporation.
Amendment No. 1
Representative Callegari offered the following amendment to CSSBi284:
Amend CSSB 284 as follows:
(1) On page 1, line 18, strike "1" and substitute "15".
(2) On page 2, line 3, strike "1" and substitute "15".
Amendment No. 1 was adopted without objection.
Amendment No. 2
Representative Hamric offered the following amendment to CSSBi284:
Amend the Hamric amendment to CSSB 284 as follows:
(1) on page 9, line 16, between """ and """, strike "department" and
substitute "corporation";
(2) on page 9, line 16, strike "Department of Housing and Community" and
substitute "State Affordable Housing Corporation";
(3) on page 9, strike line 17;
(4) on page 10, line 1, strike "department" and substitute "corporation";
(5) on page 10, line 6, strike "department" and substitute "corporation"; and
(6) on page 10, line 13, strike "department" and substitute "corporation".
Amendment No. 2 was withdrawn.
Amendment No. 3
Representative Hamric offered the following amendment to CSSBi284:
Amend CSSB 284 by adding the following SECTION, appropriately
numbered, and renumbering the subsequent SECTIONS of the bill accordingly:
SECTIONi____.ii(a) The heading to Section 11.182, Tax Code, is amended
to read as follows:
S e c . i 11 . 182 . i iCOMMUNITY HOUSING DEVELOPMENT
ORGANIZATIONS IMPROVING PROPERTY FOR LOW-INCOME AND
(b)iiSection 11.182, Tax Code, is amended by adding Subsection (j) to read
as follows:
(j)iiAn organization may not receive an exemption under Subsection (b) or
under Subsection (f), as added by Chapter 1191, Acts of the 77th Legislature,
Regular Session, 2001, for property for a tax year beginning on or after January
1, 2004, unless the organization received an exemption under that subsection for
that property for the 2003 tax year.
(c)iiSubchapter B, Chapter 11, Tax Code, is amended by adding Sections
11.1825 and 11.1826 to read as follows:
3710 78th LEGISLATURE — REGULAR SESSION
Se c . i 11 . 1 825 . i iORGANIZAT IONS CONSTRUCTING ORREHABILITATING LOW-INCOME HOUSING: PROPERTY NOTPREVIOUSLY EXEMPT. (a) An organization is entitled to an exemption fromtaxation of real property owned by the organization that the organizationconstructs or rehabilitates and uses to provide housing to individuals or familiesmeeting the income eligibility requirements of this section.
(b)iiTo receive an exemption under this section, an organization must meetthe following requirements:
(1)iifor at least the preceding three years, the organization:(A)iihas been exempt from federal income taxation under Section
501(a), Internal Revenue Code of 1986, as amended, by being listed as an exemptentity under Section 501(c)(3) of that code;
(B)iihas met the requirements of a charitable organization providedby Sections 11.18(e) and (f); and
(C)iihas had as one of its purposes providing low-income housing;(2)iia majority of the members of the board of directors of the
organization have their principal place of residence in this state;(3)iiat least two of the positions on the board of directors of the
organization must be reserved for and held by:(A)iian individual of low income as defined by Section 2306.004,
Government Code, whose principal place of residence is located in this state;(B)iian individual whose residence is located in an economically
disadvantaged census tract as defined by Section 783.009(b), Government Code,in this state; or
(C)iia representative appointed by a neighborhood organization inthis state that represents low-income households; and
(4)iithe organization must have a formal policy containing proceduresfor giving notice to and receiving advice from low-income households residing inthe county in which a housing project is located regarding the design, siting,development, and management of affordable housing projects.
(c)iiNotwithstanding Subsection (b), an owner of real property that is not anorganization described by that subsection is entitled to an exemption fromtaxation of property under this section if the property otherwise qualifies for theexemption and the owner is:
(1)iia limited partnership of which an organization that meets therequirements of Subsection (b) controls 100 percent of the general partnerinterest; or
(2)iian entity the parent of which is an organization that meets therequirements of Subsection (b).
(d)iiIf the owner of the property is an entity described by Subsection (c), theentity must:
(1)iibe organized under the laws of this state; and(2)iihave its principal place of business in this state.
(e)iiA reference in this section to an organization includes an entitydescribed by Subsection (c).
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3711
(f)iiFor property to be exempt under this section, the organization must ownthe property for the purpose of constructing or rehabilitating a housing project onthe property and:
(1)iirenting the housing to individuals or families whose median incomeis not more than 60 percent of the greater of:
(A)iithe area median family income for the household ’s place ofresidence, as adjusted for family size and as established by the United StatesDepartment of Housing and Urban Development; or
(B)iithe statewide area median family income, as adjusted forfamily size and as established by the United States Department of Housing andUrban Development; or
(2)iiselling single-family dwellings to individuals or families whosemedian income is not more than the greater of:
(A)iithe area median family income for the household ’s place ofresidence, as adjusted for family size and as established by the United StatesDepartment of Housing and Urban Development; or
(B)iithe statewide area median family income, as adjusted forfamily size and as established by the United States Department of Housing andUrban Development.
(g)iiProperty may not receive an exemption under this section unless at least50 percent of the total square footage of the dwelling units in the housing projectis reserved for individuals or families described by Subsection (f).
(h)iiThe annual total of the monthly rent charged or to be charged for eachdwelling unit in the project reserved for an individual or family described bySubsection (f) may not exceed 30 percent of the area median family income forthe household ’s place of residence, as adjusted for family size and as establishedby the United States Department of Housing and Urban Development.
(i)iiProperty owned for the purpose of constructing a housing project on theproperty is exempt under this section only if:
(1)iithe property is used to provide housing to individuals or familiesdescribed by Subsection (f); or
(2)iithe housing project is under active construction or other physicalpreparation.
(j)iiFor purposes of Subsection (i)(2), a housing project is under physicalpreparation if the organization has engaged in architectural or engineering work,soil testing, land clearing activities, or site improvement work necessary for theconstruction of the project or has conducted an environmental or land use studyrelating to the construction of the project.
(k)iiAn organization may not receive an exemption for a housing projectconstructed by the organization if the construction of the project was completedbefore the effective date of this section.
(l)iiIf the property is owned for the purpose of rehabilitating a housingproject on the property:
(1)iithe original construction of the housing project must have beencompleted at least 10 years before the date the organization began actualrehabilitation of the project;
3712 78th LEGISLATURE — REGULAR SESSION
(2)iithe person from whom the organization acquired the project musthave owned the project for at least five years, if the organization is not theoriginal owner of the project;
(3)iithe organization must provide to the chief appraiser and, if theproject was financed with bonds, the issuer of the bonds a written statementprepared by a certified public accountant stating that the organization has spenton rehabilitation costs at least the greater of $5,000 or the amount required by thefinancial lender for each dwelling unit in the project; and
(4)iithe organization must maintain a reserve fund for replacements:(A)iiin the amount required by the financial lender; or(B)iiif the financial lender does not require a reserve fund for
replacements, in an amount equal to $300 per unit per year.(m)iiBeginning with the 2005 tax year, the amount of the reserve required
by Subsection (l)(4)(B) is increased by an annual cost-of-living adjustmentdetermined in the manner provided by Section 1(f)(3), Internal Revenue Code of1986, as amended, substituting "calendar year 2004" for the calendar yearspecified in Section 1(f)(3)(B) of that code.
(n)iiA reserve must be established for each dwelling unit in the property,regardless of whether the unit is reserved for an individual or family described bySubsection (f). The reserve must be maintained on a continuing basis, withwithdrawals permitted:
(1)iionly as authorized by the financial lender; or(2)iiif the financial lender does not require a reserve fund for
replacements, only to pay the cost of capital improvements needed for theproperty to maintain habitability under the Minimum Property Standards of theUnited States Department of Housing and Urban Development or the code of amunicipality or county applicable to the property, whichever is more restrictive.
(o)iiFor purposes of Subsection (n)(2), "capital improvement" means aproperty improvement that has a depreciable life of at least five years undergenerally accepted accounting principles, excluding typical "make ready"expenses such as expenses for plasterboard repair, interior painting, or floorcoverings.
(p)iiIf the organization acquires the property for the purpose of constructingor rehabilitating a housing project on the property, the organization must berenting or offering to rent the applicable square footage of dwelling units in theproperty to individuals or families described by Subsection (f) not later than thethird anniversary of the date the organization acquires the property.
(q)iiIf property qualifies for an exemption under this section, the chiefappraiser shall use the income method of appraisal as provided by Section 23.012to determine the appraised value of the property. In appraising the property, thechief appraiser shall:
(1)iiconsider the restrictions provided by this section on the income ofthe individuals or families to whom the dwelling units of the housing project maybe rented and the amount of rent that may be charged for purposes of computingthe actual rental income from the property or projecting future rental income; and
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3713
(2)iiuse the same capitalization rate that the chief appraiser uses toappraise other rent-restricted properties.
(r)iiNot later than January 31 of each year, the appraisal district shall givepublic notice in the manner determined by the district, including posting on thedistrict ’s website if applicable, of the capitalization rate to be used in that year toappraise property receiving an exemption under this section.
(s)iiUnless otherwise provided by the governing body of a taxing unit underSubsection (x), the amount of the exemption under this section from taxation is50 percent of the appraised value of the property.
(t)iiNotwithstanding Section 11.43(c), an exemption under this section doesnot terminate because of a change in ownership of the property if:
(1)iithe property is foreclosed on for any reason and, not later than the30th day after the date of the foreclosure sale, the owner of the property submitsto the chief appraiser evidence that the property is owned by:
(A)iian organization that meets the requirements of Subsection (b);or
(B)iian entity that meets the requirements of Subsections (c) and(d); or
(2)iiin the case of property owned by an entity described by Subsections(c) and (d), the organization meeting the requirements of Subsection (b) thatcontrols the general partner interest of or is the parent of the entity as describedby Subsection (c) ceases to serve in that capacity and, not later than the 30th dayafter the date the cessation occurs, the owner of the property submits evidence tothe chief appraiser that the organization has been succeeded in that capacity byanother organization that meets the requirements of Subsection (b).
(u)iiThe chief appraiser may extend the deadline provided by Subsection(t)(1) or (2), as applicable, for good cause shown.
(v)iiNotwithstanding any other provision of this section, an organizationmay not receive an exemption from taxation by a taxing unit any part of which islocated in a county with a population of at least 1.4 million unless the exemptionis approved by the governing body of the taxing unit in the manner provided bylaw for official action.
(w)iiTo receive an exemption under this section from taxation by a taxingunit for which the approval of the governing body of the taxing unit is requiredby Subsection (v), an organization must submit to the governing body of thetaxing unit a written request for approval of the exemption from taxation of theproperty described in the request.
(x)iiNot later than the 60th day after the date the governing body of thetaxing unit receives a written request under Subsection (w) for an exemptionunder this section, the governing body shall:
(1)iiapprove the exemption in the amount provided by Subsection (s);(2)iiapprove the exemption in a reasonable amount other than the
amount provided by Subsection (s); or(3)iideny the exemption if the governing body determines that:
(A)iithe taxing unit cannot afford the loss of ad valorem tax revenuethat would result from approving the exemption; or
3714 78th LEGISLATURE — REGULAR SESSION
(B)iiadditional housing for individuals or families meeting theincome eligibility requirements of this section is not needed in the territory of thetaxing unit.
(y)iiNot later than the fifth day after the date the governing body of thetaxing unit takes action under Subsection (x), the taxing unit shall issue a letter tothe organization stating the governing body ’s action and, if the governing bodydenied the exemption, stating whether the denial was based on a determinationunder Subsection (x)(3)(A) or (B) and the basis for the determination. The taxingunit shall send a copy of the letter by regular mail to the chief appraiser of eachappraisal district that appraises the property for the taxing unit. The governingbody may charge the organization a fee not to exceed the administrative costs ofprocessing the request of the organization, approving or denying the exemption,and issuing the letter required by this subsection. If the chief appraiserdetermines that the property qualifies for an exemption under this section and thegoverning body of the taxing unit approves the exemption, the chief appraisershall grant the exemption in the amount approved by the governing body.
Sec.i11.1826.iiMONITORING OF COMPLIANCE WITH LOW-INCOMEAND MODERATE-INCOME HOUSING EXEMPTIONS. (a) In this section,"department" means the Texas Department of Housing and Community Affairs.
(b)iiProperty may not be exempted under Section 11.1825 for a tax yearunless the organization owning or controlling the owner of the property has anaudit prepared by an independent auditor covering the organization ’s most recentfiscal year. The audit must be conducted in accordance with generally acceptedaccounting principles. The audit must include an opinion on whether:
(1)iithe financial statements of the organization present fairly, in allmaterial respects and in conformity with generally accepted accountingprinciples, the financial position, changes in net assets, and cash flows of theorganization; and
(2)iithe organization has complied with all of the terms and conditionsof the exemption under Section 11.1825.
(c)iiNot later than the 180th day after the last day of the organization ’s mostrecent fiscal year, the organization must deliver a copy of the audit to thedepartment and the chief appraiser of the appraisal district in which the propertyis located.
(d)iiNotwithstanding any other provision of this section, if the propertycontains not more than 36 dwelling units, the organization may deliver to thedepartment and the chief appraiser a detailed report and certification as analternative to an audit.
(e)iiProperty may not be exempted under Section 11.182 for a tax yearunless the organization owning or controlling the owner of the property complieswith this section, except that the audit required by this section must addresscompliance with the requirements of Section 11.182.
(f)iiAll information submitted to the department or the chief appraiser underthis section is subject to required disclosure, is excepted from required disclosure,or is confidential in accordance with Chapter 552, Government Code, or otherlaw.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3715
(d)iiSections 11.436(a) and (c), Tax Code, are amended to read as follows:
(a)iiAn organization that acquires property that qualifies for an exemption
under Section 11.181(a) or 11.1825 [11.182(a)] may apply for the exemption for
the year of acquisition not later than the 30th day after the date the organization
acquires the property, and the deadline provided by Section 11.43(d) does not
apply to the application for that year.
(c)iiTo facilitate the financing associated with the acquisition of a property,
an organization, before acquiring the property, may request from the chief
appraiser of the appraisal district established for the county in which the property
is located a preliminary determination of whether the property would qualify for
an exemption under Section 11.1825 [11.182] if acquired by the organization.
The request must include the information that would be included in an
application for an exemption for the property under Section 11.1825 [11.182].
Not later than the 45th [21st] day after the date a request is submitted under this
subsection, the chief appraiser shall issue a written preliminary determination for
the property included in the request. A preliminary determination does not affect
the granting of an exemption under Section 11.1825 [11.182].
(e)iiSubchapter B, Chapter 23, Tax Code, is amended by adding Section
23.215 to read as follows:
Sec.i23.215.iiAPPRAISAL OF CERTAIN NONEXEMPT PROPERTY
USED FOR LOW-INCOME OR MODERATE-INCOME HOUSING. (a) This
section applies only to real property owned by an organization:
(1)iithat on the effective date of this section was rented to a low-income
or moderate-income individual or family satisfying the organization ’s income
eligibility requirements and that continues to be used for that purpose;
(2)iithat was financed under the low income housing tax credit program
under Subchapter DD, Chapter 2306, Government Code;
(3)iithat does not receive an exemption under Section 11.182 or
11.1825; and
(4)iithe owner of which has not entered into an agreement with any
taxing unit to make payments to the taxing unit instead of taxes on the property.
(b)iiThe chief appraiser shall appraise the property in the manner provided
by Section 11.1825(q).
(f)iiThis section takes effect immediately if this Act receives a vote of
two-thirds of all the members elected to each house, as provided by Section 39,
Article III, Texas Constitution. If this Act does not receive the vote necessary for
immediate effect, this section takes effect September 1, 2003.
Amendment No. 3 was withdrawn.
CSSB 284, as amended, was passed to third reading.
CONSTITUTIONAL AMENDMENTS CALENDAR
SENATE JOINT RESOLUTIONS
THIRD READING
The following resolutions were laid before the house and read third time:
3716 78th LEGISLATURE — REGULAR SESSION
SJR 30 ON THIRD READING(Callegari - House Sponsor)
SJR 30, A joint resolution proposing a constitutional amendment relating tothe provision of parks and recreational facilities by certain conservation andreclamation districts.
Representative Callegari moved to postpone consideration of SJRi30 until4ip.m. today.
The following resolutions were laid before the house and read second time:
SJR 44 ON SECOND READING(Krusee - House Sponsor)
SJR 44, A joint resolution proposing a constitutional amendmentauthorizing the legislature to provide for the issuance of bonds and other publicsecurities secured by the state highway fund for improvements to the statehighway system.
SJR 44 - LAID ON THE TABLE SUBJECT TO CALL
Representative Krusee moved to lay SJRi44 on the table subject to call.
The motion prevailed without objection.
SJR 45 ON SECOND READING(Lewis - House Sponsor)
SJR 45, A joint resolution proposing a constitutional amendment to repealthe authority of the legislature to provide for the creation of rural fire preventiondistricts.
Amendment No. 1
Representative Denny offered the following amendment to SJRi45:
Amend SJR 45 in SECTION 2 of the joint resolution (House committeereport, page 1, line 9), by striking "November 4, 2003" and substituting"September 13, 2003".
(Hupp now present)
(Speaker in the chair)
Amendment No. 1 was adopted. (Lewis and Thompson recorded voting no)
(Luna now present)
A record vote was requested.
SJR 45, as amended, was adopted by (Record 683): 109 Yeas, 7 Nays, 2Present, not voting.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3717
When Record No. 685 was taken, I was in the house but away from mydesk. I would have voted yes.
Castro
When Record No. 685 was taken, my vote failed to register. I would havevoted yes.
Howard
When Record No. 685 was taken, I was in the house but away from mydesk. I would have voted yes.
J. Keffer
When Record No. 685 was taken, I was temporarily out of the housechamber. I would have voted yes.
Marchant
When Record No. 685 was taken, I was in the house but away from mydesk. I would have voted yes.
Puente
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3721
When Record No. 685 was taken, I was in the house but away from mydesk. I would have voted yes.
Uresti
LEAVES OFABSENCE GRANTED
The following member was granted leave of absence for the remainder oftoday because of important business:
D. Jones on motion of B. Cook.
The following member was granted leave of absence for the remainder oftoday because of family business:
Bonnen on motion of Solomons.
GENERAL STATE CALENDARSENATE BILLSTHIRD READING
The following bills were laid before the house and read third time:
SB 1047 ON THIRD READING(Goodman - House Sponsor)
SB 1047, A bill to be entitled An Act relating to protecting state and localofficers from certain consequences based on their legislative actions.
Representative Goodman moved to postpone consideration of SBi1047 untilthe end of today ’s third reading calendar.
The motion prevailed without objection.
SB 1261 ON THIRD READING(Campbell - House Sponsor)
SB 1261, A bill to be entitled An Act relating to notice of proposedconstruction and the marking and location of certain wireless communicationfacilities.
A record vote was requested.
SB 1261 was passed by (Record 686): 113 Yeas, 0 Nays, 1 Present, notvoting.
When Record No. 686 was taken, I was in the house but away from mydesk. I would have voted yes.
Hupp
When Record No. 686 was taken, I was in the house but away from mydesk. I would have voted yes.
Uresti
SB 1389 ON THIRD READING(Hardcastle - House Sponsor)
SB 1389, A bill to be entitled An Act relating to livestock branding andidentification.
SB 1389 was passed.
SB 196 ON THIRD READING(Howard - House Sponsor)
SB 196, A bill to be entitled An Act relating to a challenge of a voter ’sregistration.
SB 196 was passed.
SB 361 ON THIRD READING(Hill - House Sponsor)
SB 361, A bill to be entitled An Act relating to the precedence of certainmunicipal highway access rules and ordinances over highway accessmanagement orders of the Texas Transportation Commission.
A record vote was requested.
SB 361 was passed by (Record 687): 115 Yeas, 0 Nays, 1 Present, notvoting.
When Record No. 687 was taken, I was in the house but away from mydesk. I would have voted yes.
Gallego
When Record No. 687 was taken, I was in the house but away from mydesk. I would have voted yes.
Puente
When Record No. 687 was taken, I was in the house but away from mydesk. I would have voted yes.
Swinford
When Record No. 687 was taken, I was in the house but away from mydesk. I would have voted yes.
Uresti
SB 482 ON THIRD READING(Haggerty and Allen - House Sponsors)
SB 482, A bill to be entitled An Act relating to certain benefits provided tothe survivors of public employees and chaplains killed in the line of duty.
Amendment No. 1
Representative Allen offered the following amendment to SBi482:
Amend SB 482, on third reading, as follows:
3724 78th LEGISLATURE — REGULAR SESSION
(1) In SECTION 2 of the bill, strike added Section 615.021(e)(1),
Government Code, as amended on second reading, and substitute the following
new Section 615.021(e)(1):
(1) "Personal injury" means an injury resulting from an external force,
an activity, or a disease caused by or resulting from:
(A) a line-of-duty accident; or
(B) an illness caused by line-of-duty work under hazardous
conditions.
(2) In SECTION 3 of the bill, strike added Section 615.072(c)(1),
Government Code, as amended on second reading, and substitute the following
new Section 615.072(c)(1):
(1) "Personal injury" means an injury resulting from an external force,
an activity, or a disease caused by or resulting from:
(A) a line-of-duty accident; or
(B) an illness caused by line-of-duty work under hazardous
conditions.
(3) In SECTION 6 of the bill, strike added Section 811.001(12-a),
Government Code, as amended on second reading, and substitute the following
new Section 811.001(12-a):
(12-a) "Occupational death" means death from an injury resulting from an
external force, an activity, or a disease caused by or resulting from a line-of-duty
accident or from an illness caused by line-of-duty work under hazardous
conditions. The term includes death from accidents or illnesses that directly
result from an action a person is required or authorized by rule, condition of
employment, or law to perform, including an action performed by the person at a
social, ceremonial, athletic, or other function to which the person is assigned by
the person ’s employer.
Amendment No. 1 was adopted without objection.
SB 482, as amended, was passed.
LEAVE OFABSENCE GRANTED
The following member was granted leave of absence temporarily for today
because of family business:
Laubenberg on motion of Dawson.
SB 514 ON THIRD READING
(Mowery - House Sponsor)
SB 514, A bill to be entitled An Act relating to restricting the use of
designated lanes of certain highways.
SB 514 was passed.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3725
SB 691 ON THIRD READING(Delisi - House Sponsor)
SB 691, A bill to be entitled An Act relating to reimbursement fortelemedicine medical services under the Medicaid program and othergovernment-funded programs.
SB 691 was passed.
LEAVE OFABSENCE GRANTED
The following member was granted leave of absence for the remainder oftoday because of important business:
Flores on motion of McClendon.
SB 854 ON THIRD READING(Hardcastle - House Sponsor)
SB 854, A bill to be entitled An Act relating to the sale, distribution, orimportation of noxious plants; providing a criminal penalty.
SB 854 was passed.
SB 876 ON THIRD READING(Hill - House Sponsor)
SB 876, A bill to be entitled An Act relating to commissions on certainnegotiated bond sales.
Amendment No. 1
Representative Hill offered the following amendment to SBi876:
Amend SB 876 on third reading in Section 2 of the bill (page 1, line 16,house committee printing) by striking "(a) This Act takes effect September 1,2003." and by substituting:
(a)iiThis Act takes effect immediately if it receives a vote of two-thirds of allthe members elected to each house, as provided by Section 39, Article III, TexasConstitution. If this Act does not receive the vote necessary for immediate effect,this Act takes effect September 1, 2003.
Amendment No. 1 was adopted without objection.
A record vote was requested.
SB 876, as amended, was passed by (Record 688): 115 Yeas, 0 Nays, 1Present, not voting.
The following member was granted leave of absence for the remainder of
today because of important business in the district:
Garza on motion of Guillen.
SB 1445 ON THIRD READING
(Solomons - House Sponsor)
SB 1445, A bill to be entitled An Act relating to electronically readable
information on a driver ’s license, commercial driver ’s license, or personal
identification certificate; providing a penalty.
Amendment No. 1
Representatives Alonzo, Y. Davis, Dunnam, Flores, Gallego, Hochberg,
Martinez Fischer, Noriega, Solis, and Wise offered the following amendment to
SBi1445:
Amend SB 1445 on third reading by adding the following appropriately
numbered SECTION to the bill and renumbering SECTIONS accordingly:
SECTIONi__.iiSection 521.142(a), Transportation Code, is amended to read
as follows:
(a)iiAn application for an original license must state the applicant ’s full
name and place and date of birth. This information must be verified by
presentation of proof of identity satisfactory to the department. The department
shall accept as proof of the applicant ’s identity an identity document that is issuedby the government of another country, if that document bears the applicant ’sphotograph, full name, and date of birth and the government of the other country
has established reasonable mechanisms by which the department can verify the
identity document. For purposes of this section, an identity document includes a
passport, a consular identity document, and a national identity document.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3727
Amendment No. 1 - Point of Order
Representative Talton raised a point of order against further consideration of
Amendment No. 1 under Rule 11, Section 2 of the House Rules on the grounds
that the amendment is not germane to the bill.
The point of order was withdrawn.
LEAVES OFABSENCE GRANTED
The following member was granted leave of absence for the remainder of
today because of important business in the district:
Hilderbran on motion of Uresti.
The following member was granted leave of absence for the remainder of
today because of a family emergency:
Nixon on motion of Denny.
SB 1445 - (consideration continued)
Amendment No. 1 was withdrawn.
SB 1445 was passed.
SB 597 ON THIRD READING
(Pitts and Flores - House Sponsors)
SB 597, A bill to be entitled An Act relating to the regulation of certain
companies that provide for-profit legal service contracts; providing penalties.
(Dutton in the chair)
SB 597 was passed.
LEAVE OFABSENCE GRANTED
The following member was granted leave of absence for the remainder of
today because of important business:
Smithee on motion of Eissler.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
SB 1047 ON THIRD READING
(Goodman - House Sponsor)
SB 1047, A bill to be entitled An Act relating to protecting state and local
officers from certain consequences based on their legislative actions.
SB 1047 was read third time earlier today and was postponed until this time.
Amendment No. 1
Representative Goodman offered the following amendment to SBi1047:
SB 1047 is amended on third reading by creating a new Section _____ as
follows and renumbering all subsequent sections accordingly.
3728 78th LEGISLATURE — REGULAR SESSION
SECTION _____. Section 25.051, Local Government Code, is amended byadding a new subsection "(b)" as follows:
"(b) This chapter does not limit the authority of the governing body of ageneral-law municipality to appoint and prescribe the powers and duties of amunicipal officer or employee under Chapter 22, 23, or 24."
Amendment No. 1 was adopted without objection.
(Wohlgemuth now present)
A record vote was requested.
SB 1047, as amended, was passed by (Record 689): 110 Yeas, 0 Nays, 2Present, not voting.
When Record No. 689 was taken, I was in the house but away from mydesk. I would have voted yes.
Swinford
I was shown voting yes on Record No. 689. I intended to vote present, notvoting.
Wolens
(Turner now present)
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3729
GENERAL STATE CALENDAR
SENATE BILLS
SECOND READING
The following bills were laid before the house and read second time:
SB 585 ON SECOND READING
(Isett - House Sponsor)
SB 585, A bill to be entitled An Act relating to providing money to pay for
the remediation, cleanup, and closure of unpermitted solid waste facilities.
Amendment No. 1
Representative Truitt offered the following amendment to SBi585:
Amend SB 585 by adding the following appropriately numbered section to
read as follows and by renumbering the other sections of the bill appropriately:
SECTION __. Chapter 756, Health and Safety Code, is amended by adding
Subchapter G to read as follows:
SUBCHAPTER G. MUNICIPAL LANDSCAPING SERVICES
Sec.i756.101.iiAUTHORIZATION. To protect the public health, safety, or
welfare, a municipality may provide landscaping services, including
tree-trimming, tree disposal, remediation, cleanup, and recycling services, to any
person who resides inside or outside the corporate limits of the municipality only
if the governing body of the municipality makes written findings as required by
Section 756.102.
Sec.i756.102.iiFINDINGS REQUIRED. The written findings must:
(1)iiidentify the problem requiring the need for providing municipal
landscaping services;
(2)iiidentify the public health, safety, or welfare concern;
(3)iidescribe any reasonable actions previously taken to alleviate the
problem; and
(4)iispecify a period of definite duration necessary to address the
problem.
Amendment No. 1 was adopted without objection.
SB 585, as amended, was passed to third reading.
SB 624 ON SECOND READING
(Callegari - House Sponsor)
SB 624, A bill to be entitled An Act relating to the provision of parks and
recreational facilities by certain conservation and reclamation districts;
authorizing the issuance of bonds on voter approval.
Amendment No. 1 (Committee Amendment No. 1)
On behalf of Representative Hilderbran, Representative Callegari offered the
following committee amendment to SBi624:
Amend SB 624 as follows:
3730 78th LEGISLATURE — REGULAR SESSION
(1) On page 3, line 8, between "Travis County," and "Harris County," insert
the following: "Williamson County,".
Amendment No. 1 was adopted without objection.
Amendment No. 2
Representative Callegari offered the following amendment to SBi624:
Amend SB 624 as follows:
(1) In SECTION 2 of the bill, strike proposed Section 49.107(h), Water
Code (House Committee Printing, page 2, lines 17-22), and substitute the
following:
(h) To the extent authorized by Section 59, Article XVI, Texas Constitution,
an operation and maintenance tax to be used for recreational facilities, as defined
by Section 49.462, levied by a district located in a county with a population of
more than 3.3 million or in a county adjacent to that county may not exceed 10
cents per $100 of assessed valuation of taxable property in the district.
(2) Strike SECTION 5 of the bill (House Committee Printing, page 2, line
26, through page 3, line 3), and substitute the following:
SECTION 5. Section 49.464, Water Code, is amended by amending
Subsection (a) and adding Subsection (d) to read as follows:
(a) Except as provided by Section 49.4645, a [A] district may not issue
bonds supported by ad valorem taxes to pay for the development and
maintenance of recreational facilities.
(d) A district may issue bonds payable solely from revenues by resolution or
order of the board without an election.
(3) In SECTION 6 of the bill, in proposed Section 49.4645(a), Water Code
(House Committee Printing, page 3, line 8), between "in" and "Travis", insert
"Bastrop County, Bexar County, Waller County,".
(4) In SECTION 6 of the bill, in proposed Section 49.4645(a), Water Code
(House Committee Printing, page 3, line 9), strike "Fort Bend County, or
Montgomery County" and substitute "or Fort Bend County".
(5) In SECTION 6 of the bill, in proposed Section 49.4645(a), Water Code
(House Committee Printing, page 3, lines 21-22), strike "The board may issue
bonds payable solely from revenues by resolution or by order of the board
without an election.".
Amendment No. 2 was adopted without objection.
Amendment No. 3
Representative Callegari offered the following amendment to SBi624:
Amend SB 624 as follows:
(1) In SECTION 2 of the bill, strike proposed Section 49.107(h), Water
Code (House Committee Printing, page 2, lines 17-22), and substitute the
following:
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3731
(h) To the extent authorized by Section 59, Article XVI, Texas Constitution,
an operation and maintenance tax to be used for recreational facilities, as definedby Section 49.462, levied by a district located in a county with a population of
more than 3.3 million or in a county adjacent to that county may not exceed 10cents per $100 of assessed valuation of taxable property in the district.
(2) Strike SECTION 5 of the bill (House Committee Printing, page 2, line
26, through page 3, line 3), and substitute the following:SECTION 5. Section 49.464, Water Code, is amended by amending
Subsection (a) and adding Subsection (d) to read as follows:
(a) Except as provided by Section 49.4645, a [A] district may not issuebonds supported by ad valorem taxes to pay for the development and
maintenance of recreational facilities.
(d) A district may issue bonds payable solely from revenues by resolution ororder of the board without an election.
(3) In SECTION 6 of the bill, in proposed Section 49.4645(a), Water Code
(House Committee Printing, page 3, line 8), between "in" and "Travis", insert"Bastrop County, Bexar County, Waller County,".
(4) In SECTION 6 of the bill, in proposed Section 49.4645(a), Water Code
(House Committee Printing, page 3, lines 21-22), strike "The board may issuebonds payable solely from revenues by resolution or by order of the board
without an election.".
Amendment No. 3 was adopted without objection.
Amendment No. 4
Representative Puente offered the following amendment to SBi624:
Amend SB 624 in SECTION 6 of the bill, in proposed Section 49.4645,
Water Code (House Committee Printing, page 3, line 8), between "in" and"Travis" by inserting "Bexar County,".
Amendment No. 4 was withdrawn.
SB 624, as amended, was passed to third reading.
CSSB 631 ON SECOND READING
(Talton - House Sponsor)
CSSB 631, A bill to be entitled An Act relating to the suspension ofsentence and the deferral of adjudication in cases involving certain misdemeanor
traffic offenses.
Amendment No. 1
Representative Puente offered the following amendment to CSSBi631:
Amend CSSB 631 by adding the following appropriately numberedSECTION to the bill and renumbering existing SECTIONS of the bill
accordingly:
SECTIONi____.iiArticle 33.04, Code of Criminal Procedure, is amended toread as follows:
3732 78th LEGISLATURE — REGULAR SESSION
Art.i33.04.iiMAY APPEAR BY COUNSEL. In [other] misdemeanor cases
other than cases described by Article 33.03, the defendant may[, by consent of
the State ’s attorney,] appear by counsel [,] and, if the defendant ’s counsel
stipulates to the identity of the defendant, the trial may proceed without the
defendant ’s [his] personal presence.Amendment No. 1 was adopted without objection.
CSSB 631, as amended, was passed to third reading.
SB 644 ON SECOND READING
(Hilderbran - House Sponsor)
SB 644, A bill to be entitled An Act relating to prohibiting a governmental
entity from disclosing personal information of certain persons who hold a private
pesticide applicator license and of their clients.
SB 644 - LAID ON THE TABLE SUBJECT TO CALL
Representative Keel moved to lay SBi644 on the table subject to call.
The motion prevailed without objection.
SB 658 ON SECOND READING
(Woolley - House Sponsor)
SB 658, A bill to be entitled An Act relating to making permanent the
exemption from ad valorem taxation of motor vehicles leased for personal use.
SB 658 was passed to third reading.
CSSB 759 ON SECOND READING
(Geren - House Sponsor)
CSSB 759, A bill to be entitled An Act relating to certain pesticide
application by persons engaged in pest control work for a political subdivision.
CSSB 759 was passed to third reading.
SB 826 ON SECOND READING
(Keel - House Sponsor)
SB 826, A bill to be entitled An Act relating to reporting the deaths of
certain individuals; providing a criminal penalty.
SB 826 was passed to third reading.
SB 900 ON SECOND READING
(Eissler - House Sponsor)
SB 900, A bill to be entitled An Act relating to computation and reporting of
the ratios of a school district ’s expenditures and personnel relating to direct
student instruction.
Amendment No. 1
Representative Eissler offered the following amendment to SBi900:
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3733
Amend SB 900 in SECTION 1 of the bill, in proposed Section 44.0071(d),Education Code (House Committee Report, page 2, line 12), immediatelyfollowing the period, by inserting "To the extent possible, the rules must providefor development of the information required by this section using informationotherwise compiled by school districts for reporting through the Public EducationInformation Management System (PEIMS).".
Amendment No. 1 was adopted without objection.
SB 900, as amended, was passed to third reading.
CSSB 976 ON SECOND READING(Morrison - House Sponsor)
CSSB 976, A bill to be entitled An Act relating to high school completionand the creation of a middle college education pilot program.
Representative Morrison moved to postpone consideration of SBi976 until3:45 p.m. today.
The motion prevailed without objection.
SB 1015 ON SECOND READING(Elkins - House Sponsor)
SB 1015, A bill to be entitled An Act relating to the confidentiality ofcertain information submitted for purposes of a crime victim impact statement.
Amendment No. 1
Representative Wise offered the following amendment to SBi1015:
Amend SB 1015 by adding appropriately numbered SECTIONS to read asfollows and renumbering existing SECTIONS accordingly:
SECTIONi___.ii Chapter 38, Code of Criminal Procedure, is amended byadding Article 38.06 to read as follows:
Art.i38.06.iiCOMMUNICATIONS TO VICTIM COUNSELOR. (a) In thisarticle:
(1)ii"Confidential communication" means a communication madeprivately and not intended for disclosure to a third person except to anotherperson present in furtherance of the purpose of the communication. The termincludes a record or other document on which the communication is reduced to awritten form.
(2)ii"Victim counselor" means a person who has successfully completedacademic or other formal training in counseling victims of crime and who treatsvictims of crime for an emotional or psychological condition resulting from thecrime.
(b)iiThe victim of a crime has a privilege to refuse to disclose and to preventanother from disclosing a confidential communication by the victim to a victimcounselor for the purpose of receiving victim counseling services.
(c)iiIf the victim of a crime is a person younger than 16 years of age, theparent or guardian of the victim may assert the privilege on behalf of the victimunless the parent or guardian is accused of committing the crime. If a parent or
3734 78th LEGISLATURE — REGULAR SESSION
guardian of the victim of a crime who is younger than 16 years of age is accusedof committing the crime, a guardian appointed by the court to represent the bestinterests of the victim may assert the privilege on behalf of the victim.
SECTIONi___.ii(a)iiArticle 38.06, Code of Criminal Procedure, as added bythis Act, applies to any communication made to a victim counselor on or after theeffective date of this Act.
(b)iiTo the extent of any conflict between Article 38.06, Code of CriminalProcedure, as added by this Act, and Rule 509(b), Texas Rules of Evidence,Article 38.06 controls.
Amendment No. 1 was adopted without objection.
Amendment No. 2
Representative Keel offered the following amendment to SBi1015:
Amend SB 1015 (house committee printing) by adding the followingappropriately numbered SECTIONS to the bill and by renumbering existingSECTIONS of the bill accordingly:
SECTIONi___.iiArticle 56.32(a)(9), Code of Criminal Procedure, isamended to read as follows:
(9)ii"Pecuniary loss" means the amount of expense reasonably andnecessarily incurred as a result of personal injury or death for:
(A)iimedical, hospital, nursing, or psychiatric care or counseling, orphysical therapy;
(B)iiactual loss of past earnings and anticipated loss of futureearnings and necessary travel expenses because of:
(i)iia disability resulting from the personal injury;(ii)iithe receipt of medically indicated services related to the
disability resulting from the personal injury; or(iii)iiparticipation in or attendance at investigative,
prosecutorial, or judicial processes related to the criminally injurious conduct andparticipation in or attendance at any postconviction or postadjudicationproceeding relating to criminally injurious conduct;
(C)iicare of a child or dependent;(D)iifuneral and burial expenses;(E)iiloss of support to a dependent, consistent with Article
56.41(b)(5);(F)iireasonable and necessary costs of cleaning the crime scene;(G)iireasonable replacement costs for clothing, bedding, or property
of the victim seized as evidence or rendered unusable as a result of the criminalinvestigation; [and]
(H)iireasonable and necessary costs, as provided by Article56.42(d), incurred by a victim of family violence or a victim of sexual assaultwho is assaulted in the victim ’s place of residence for relocation and housingrental assistance payments; and
(I)iireasonable and necessary costs of traveling to and from a placeof execution for the purpose of witnessing the execution, including one night ’slodging near the place at which the execution is conducted.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3735
SECTION i___.iiThe change in law made by this Act in amending Article56.32(a)(9), Code of Criminal Procedure, applies only to compensation for costsincurred on or after the effective date of this Act. Compensation for costs incurredbefore the effective date of this Act is covered by the law in effect on the date thecosts were incurred, and the former law is continued in effect for that purpose.
Amendment No. 2 was adopted without objection.
SB 1015, as amended, was passed to third reading.
SB 1295 ON SECOND READING(Corte - House Sponsor)
SB 1295, A bill to be entitled An Act relating to providing financialassistance to defense communities.
Amendment No. 1
Representative Corte offered the following amendment to SBi1295:
Amend SB 1295 as follows:(1) In SECTION 1 of the bill, in added Section 481.502(a), Government
Code (House Committee Printing, page 1, lines 19-20), strike "will improve thefunction" and substitute "seek to address future realignment or closure".
(2) In SECTION 1 of the bill, in added Section 481.502(c), GovernmentCode (House Committee Printing, page 2, lines 16 and 17), strike "up to" andsubstitute "not more than".
(3) In SECTION 1 of the bill, strike added Section 481.505, GovernmentCode (House Committee printing, page 3, lines 4 and 5).
Amendment No. 1 was adopted without objection.
SB 1295, as amended, was passed to third reading.
SB 1394 ON SECOND READING(Griggs - House Sponsor)
SB 1394, A bill to be entitled An Act relating to employment contractrequirements for certain public school principals.
Amendment No. 1
Representative Griggs offered the following amendment to SBi1394:
Amend SB 1394 as follows:(1)iiIn SECTION 2 of the bill, in amended Section 21.202(b), Education
Code (House Committee Report, page 1, line 18), strike "employ a person as aprincipal" and substitute "employ a person as a principal or classroom teacher".
(2)iiIn SECTION 2 of the bill, in amended Section 21.202(b), EducationCode (House Committee Report, page 1, lines 19 and 20), strike "has experienceas a public school principal" and substitute "has experience as a public schoolprincipal or classroom teacher, respectively".
Amendment No. 1 was adopted without objection.
SB 1394, as amended, was passed to third reading.
3736 78th LEGISLATURE — REGULAR SESSION
SB 1413 ON SECOND READING(Hardcastle - House Sponsor)
SB 1413, A bill to be entitled An Act relating to certain powers and duties ofthe Department of Agriculture and other entities engaged in agricultural activities.
Amendment No. 1 (Committee Amendment No. 1)
Representative Hardcastle offered the following committee amendment toSBi1413:
Amend engrossed version SB 1413 by adding Section 6. and renumberingaccordingly.
Sec. 6. Section 146.021, Agriculture Code, is amended to read as follows:Section 146.021. DEPARTMENT FACILITIES. The department may
receive and hold for processing animals and animal products transported ininternational trade and may establish and collect reasonable fees for yardage,maintenance, feed, medical care, facility use and other necessary expensesincurred in the course of processing those animals.
Amendment No. 1 was adopted without objection.
Amendment No. 2
Representative Hardcastle offered the following amendment to SBi1413:
Amend SB 1413 in SECTION 1(2) of the bill (committee printing page 1,line 10), between "145," and "and", by inserting "149,".
Amendment No. 2 was adopted without objection.
Amendment No. 3
Representative Hardcastle offered the following amendment to SBi1413:
Amend SB 1413 by adding the following appropriately numberedSECTIONS to the bill and renumbering the subsequent SECTIONS accordingly:
SECTION _____. Section 71.008, Agriculture Code, is amended by addingSubsection (f) to read as follows:
(f) This section does not restrict the department ’s authority to establish on itsown initiative an eradication program within a quarantined area to protect thestate ’s agricultural resources.
SECTION _____. Subchapter A, Chapter 71, Agriculture Code, is amendedby adding Section 71.0092 to read as follows:
Sec. 71.0092. SEIZURE, TREATMENT, HANDLING, ANDDESTRUCTION OF CERTAIN MATERIALS WITHIN QUARANTINEDAREA. (a) In this section, "quarantined article" means:
(1) a plant, plant product, substance, or other item capable of hosting orfacilitating the dissemination of an insect pest or plant disease that is the subjectof a quarantine established by the department under this subchapter; or
(2) a motor vehicle, railcar, other conveyance, or equipment used for, orintended for use in, the transportation or production of an item described bySubdivision (1).
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3737
(b) The department by rule may establish treatment and handlingrequirements for a quarantined article found within a quarantined area. Therequirements must be designed to:
(1) prevent dissemination of a dangerous insect pest or plant diseaseoutside the quarantined area or into a pest-free area in the state;
(2) prevent infestation of a quarantined article by a dangerous insect pestor plant disease that is subject to a quarantine established by the departmentunder this subchapter;
(3) decrease the occurrence in this state or a quarantined area of thisstate of a dangerous insect pest or plant disease that is subject to a quarantineestablished by the department under this subchapter; or
(4) facilitate the eradication of a dangerous insect pest or plant diseasethat is subject to a quarantine established by the department under thissubchapter.
(c) A person in possession or control of a quarantined article located in aquarantined area shall comply with department rules and orders regardingtreatment and handling of the quarantined article.
(d) If a person in possession or control of a quarantined article located in aquarantined area fails to comply with a department rule or order under thissection, the department may at the expense of the person or of the owner of thearticle:
(1) seize the quarantined article and, subject to available departmentresources and Section 71.010:
(A) isolate the article in a manner designed to prevent thedissemination of the dangerous insect pest or plant disease until the article nolonger represents a danger of dissemination or until the person agrees to complywith the rule or order;
(B) treat the article to eliminate the danger of dissemination of thedangerous insect pest or plant disease; or
(C) destroy the article; or(2) seek an injunction from a district court in Travis County ordering the
person to:(A) comply with the department ’s rule or order; or(B) surrender possession of the quarantined article to the
department for disposition under Subdivision (1).(e) If the owner of a quarantined article seized under this section is unknown
to the department, the department shall publish notice that not earlier than thefifth day after the date on which the notice is published or posted the departmentmay destroy, treat, or isolate the quarantined article at the owner ’s expense. Thedepartment must publish the notice for three consecutive days in a newspaper ofgeneral circulation in the county in which the quarantined article was seized. Thenotice must include a description of the quarantined article. If an owner claimsthe quarantined article before the date described by the notice and agrees inwriting to treat or handle the article in a manner provided by department rule ororder, the department shall deliver the quarantined article to the owner at theowner ’s expense. If an owner does not claim the quarantined article before the
3738 78th LEGISLATURE — REGULAR SESSION
date described by the notice, the department may destroy or arrange for the
destruction of the quarantined article or continue to isolate or treat the
quarantined article at the owner ’s expense. If an owner refuses to agree in writingto comply with the department ’s rule or order regarding treatment or handling ofa quarantined article, the department may destroy or arrange for the destruction of
the quarantined article or continue to isolate or treat the quarantined article at the
owner ’s expense, subject to Section 71.010.(f) In enforcing this section, the department may seek the assistance of the
Department of Public Safety under Section 71.0101, or any law enforcement
officer of the county in which the quarantined article is located. The Department
of Public Safety or local law enforcement officer shall cooperate with the
department and provide any assistance necessary to implement this section.(g) The owner of a quarantined article treated, isolated, or destroyed by the
department under this section is liable to the department for the costs of
treatment, isolation, and destruction, and the department may bring suit to collect
the costs.
(h) The attorney general is entitled to court costs and reasonable attorney ’sfees in any suit brought on behalf of the department under this section, including
any suit for an injunction.
(i) The department may enter into an agreement with a public or private
entity to obtain assistance in defraying the cost of implementing this section.
Amendment No. 3 was adopted without objection.
Amendment No. 4
Representative Hardcastle offered the following amendment to SBi1413:
Amend SB 1413 by adding the following appropriately numbered Section to
the bill and renumbering the subsequent Sections accordingly:
SECTION _____. Chapter 12, Agriculture Code is amended by adding
Section 12.0012 to read as follows:
Section 12.0012 The department shall, upon submission for publication,
notify the Department of Public Safety ’s Division of Emergency Management of
each quarantine it adopts. The department shall thereafter cooperate with theDivision of Emergency Management in implementing any necessary safeguards
to protect the state ’s agricultural resources from potential economic, health, or
ecological disaster that may result from the quarantined pest or disease.
Amendment No. 4 was adopted without objection.
Amendment No. 5
Representative Puente offered the following amendment to SBi1413:
Amend SB 1413 as follows:
(1) Add the following appropriately numbered SECTIONS to the bill and
renumber the subsequent SECTIONS accordingly:
SECTION _____. Subtitle F, Title 5, Agriculture Code, is amended byadding Chapter 122 to read as follows:
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3739
CHAPTER 122. SALE OF DESERT PLANTSSec. 122.001. DEFINITION. In this chapter, "desert plant" means the
following genera of plants:(1) Agave;(2) Ariocarpus;(3) Echinocactus;(4) Echinocereus;(5) Ferocactus;(6) Fouquieria;(7) Mammillaria;(8) Opuntia; and(9) Yucca.
Sec. 122.002. ADMINISTRATION. The department shall administer thischapter and adopt rules necessary for its enforcement.
Sec. 122.003. REQUIREMENTS FOR SALE OR TRANSPORT. Unless adesert plant is marked as provided by Section 122.005, a person may not:
(1) sell the plant;(2) offer the plant for sale; or(3) transport the plant out of this state.
Sec. 122.004. REGISTRATION REQUIRED. (a) A person who grows orharvests a desert plant for sale must register with the department.
(b) A person described by Subsection (a) must include the following withthe registration information provided to the department:
(1) a statement that the desert plants provided for sale will be harvestedfrom the person ’s property; or
(2) written documentation from the owner of the property from whichthe desert plants will be harvested granting the person selling or offering to sellthe plants the authority to harvest the plants.
Sec. 122.005. MARKING OF DESERT PLANTS. (a) A person subject toSection 122.004 shall mark each desert plant harvested for sale under this chapterwith an identification mark prescribed by the department.
(b) The department may charge a fee for providing an identification markunder this section.
Sec. 122.006. STOP-SALE ORDER. In enforcing this chapter, thedepartment may issue and enforce a written or printed order to stop the sale of adesert plant or a shipment of desert plants that is not marked as provided bySection 122.005. If an order is issued, a person may not sell the plant orshipment until it has been properly marked.
Sec. 122.007. AUTHORITY TO SEIZE PLANTS. In enforcing thischapter, the department with or without process may seize a desert plant or ashipment of desert plants that is:
(1) not marked as provided by Section 122.005; and(2) intended for transfer out of this state.
Sec. 122.008. PENALTY. (a) A person commits an offense if the personadvertises, sells, or offers for sale a desert plant or a shipment of desert plants thatis not clearly and distinctly marked as provided by Section 122.005.
3740 78th LEGISLATURE — REGULAR SESSION
(b) An offense under this section is punishable by:(1) a fine not to exceed $1,000;(2) imprisonment for a term not to exceed 180 days; or(3) both fine and imprisonment under this subsection.
SECTION _____. Section 12.020, Agriculture Code, is amended byamending Subsections (a) and (b) and adding Subsection (c-1) to read as follows:
(a) If a person violates a provision of this code described by Subsection (c)or (c-1) [of this section] or a rule or order adopted by the department under aprovision of this code described by Subsection (c) or (c-1) [of this section], thedepartment may assess an administrative penalty against the person as providedby this section.
(b) The penalty for each violation may be in an amount not to exceed themaximum provided by Subsection (c) or (c-1) [of this section]. Each day aviolation continues or occurs may be considered a separate violation for purposesof penalty assessments.
(c-1) In addition to provisions described by Subsection (c), Chapter 122 issubject to this section and the applicable penalty amount is $500.
SECTION _____. Not later than December 1, 2003, the Department ofAgriculture shall adopt rules to administer Chapter 122, Agriculture Code, asadded by this Act.
SECTION _____. Chapter 122, Agriculture Code, as added by this Act, andSection 12.020, Agriculture Code, as amended by this Act, take effect January 1,2004.
(2) Amend SECTION 6 of the bill (House committee report, page 2, line 6)by striking "This" and substituting "Except as otherwise provided by this Act,this".
Amendment No. 5 was withdrawn.
Amendment No. 6
Representative B. Brown offered the following amendment to SBi1413:
Amend SB 1413 by adding the following appropriately numberedSECTIONS to the bill and renumbering the subsequent SECTIONS accordingly:
SECTIONi____.iiSections 149.002 and 149.003, Agriculture Code, areamended to read as follows:
Sec.i149.002.iiSALE OR POSSESSION OF HORSEMEAT. A personcommits an offense if:
(1)iithe person sells, offers for sale, or exhibits for sale horsemeat asfood for human consumption in the United States; or
(2)iithe person possesses horsemeat with the intent to sell the horsemeatas food for human consumption in the United States.
Sec.i149.003.iiTRANSFER OF HORSEMEAT. A person commits anoffense if the person:
(1)iitransfers horsemeat to a person who intends to sell the horsemeat,offer or exhibit it for sale, or possess it for sale as food for human consumption inthe United States; and
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3741
(2)iiknows or in the exercise of reasonable discretion should know that
the person receiving the horsemeat intends to sell the horsemeat, offer or exhibit
it for sale, or possess it for sale as food for human consumption in the United
States.
SECTIONi____.iiSubchapter A, Chapter 146, Agriculture Code, is amended
by adding Section 146.009 to read as follows:
Sec.i146.009.iiSALE OF EQUINE ANIMAL; NOTICE REQUIRED. (a)
In this section:
(1)ii"Equine animal" has the meaning assigned by Section 161.149.
(2)ii"Livestock market" has the meaning assigned by Section 161.111.
(b)iiThe owner or operator of a livestock market shall display in a prominent
place in the livestock market a sign giving notice that an equine animal sold at the
market may be bought for slaughter. The department by rule may prescribe the
design or wording of the sign.
SECTIONi____.iiSection 149.004, Agriculture Code, is repealed.
SECTIONi____.ii(a)iiThe changes in law made by this Act to Sections
149.002, 149.003, and 149.004, Agriculture Code, apply only to an offense
committed on or after the effective date of this Act. For purposes of this section,
an offense is committed before the effective date of this Act if any element of the
offense occurs before the effective date.
(b)iiAn offense committed before the effective date of this Act is governed
by the law in effect when the offense was committed, and the former law is
continued in effect for that purpose.
Amendment No. 6 was withdrawn.
COMMITTEE GRANTED PERMISSION TOMEET
Representative Krusee requested permission for the Committee on
Transportation to meet while the house is in session.
Permission to meet was granted without objection.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Transportation, 3:30 p.m. today, speakers committee room, for a formal
meeting, to consider legislation before the committee.
COMMITTEE GRANTED PERMISSION TOMEET
Representative Allen requested permission for the Committee on
Corrections to meet while the house is in session.
Permission to meet was granted without objection.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Corrections, 3:45 p.m. today, speakers committee room, for a formal
meeting, to consider SB 97.
3742 78th LEGISLATURE — REGULAR SESSION
SB 1413 - (consideration continued)
SB 1413, as amended, was passed to third reading.
SB 1517 ON SECOND READING(Miller - House Sponsor)
SB 1517, A bill to be entitled An Act relating to authority of securitypersonnel at commercial nuclear power plants.
Amendment No. 1
Representative Hamric offered the following amendment to SBi1517:
Amend Committee Amendment No. 1 to SB 1567 as follows:(1) on page 4, line 5, strike the following after "memorial": "or solicits funds
in any way giving the";(2) on page 4, strike line 6;(3) on page 4, line 7, strike the following before "shall": "Texas peace
officers ’memorial";(4) on page 4, line 8, strike "comptroller" and substitute "commission";(5) on page 4, line 8, between "the" and "fund", insert "Capitol";(6) on page 4, line 8, strike "not later than the" and substitute "."; and(7) on page 4, strike line 9.
Amendment No. 1 was withdrawn.
Amendment No. 2
Representative Gallego offered the following amendment to SBi1517:
Amend SB 1517 (house committee report) in SECTION 1 of the bill, inadded Article 2.122(f), Code of Criminal Procedure (on page 1, line 13), between"Code," and "while", by inserting "if they meet the licensing requirements ofChapter 1701, Occupations Code and".
Amendment No. 2 was withdrawn.
Representative Miller moved to postpone consideration of SBi1517 until5ip.m. today.
The motion prevailed without objection.
LEAVE OFABSENCE GRANTED
The following member was granted leave of absence for the remainder oftoday because of important business in the district:
Hamilton on motion of Hegar.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
CSSB 976 ON SECOND READING(Morrison - House Sponsor)
CSSB 976, A bill to be entitled An Act relating to high school completionand the creation of a middle college education pilot program.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3743
CSSB 976 was read second time earlier today and was postponed until3:45ip.m.
Amendment No. 1
Representative Hochberg offered the following amendment to CSSBi976:
Amend CSSB 976 (House Committee Report) on page 3, line 4, between"opportunities" and the semicolon, by inserting "on the campus of the college,university, or technical school".
Amendment No. 1 was adopted without objection.
Amendment No. 2
Representatives Hope and Bonnen offered the following amendment toCSSBi976:
Amend CSSB 976 (House Committee Report) by adding the followingappropriately numbered SECTION and renumbering the other SECTIONS of thebill accordingly:
SECTION _____. Subchapter A, Chapter 130, Education Code, is amendedby adding Section 130.0012 to read as follows:
Sec. 130.0012. PILOT PROJECT: BACCALAUREATE DEGREEPROGRAMS. (a) The Texas Higher Education Coordinating Board shallestablish a pilot project to examine the feasibility and effectiveness of authorizingpublic junior colleges to offer baccalaureate degree programs in the fields ofapplied science and applied technology. Participation in the pilot project does nototherwise alter the role and mission of a public junior college.
(b) The coordinating board shall operate the pilot project at the followingpublic junior colleges:
(1) Brazosport College;(2) El Centro College of the Dallas County Community College
District;(3) Midland College;(4) North Harris Montgomery Community College District; and(5) South Texas Community College.
(c) A public junior college participating in the pilot project must meet allapplicable accreditation requirements of the Commission on Colleges of theSouthern Association of Colleges and Schools.
(d) A public junior college participating in the pilot project may not offermore than five baccalaureate degree programs under the project at any time. Thedegree programs are subject to the continuing approval of the coordinating board.In determining what baccalaureate degree programs are to be offered, the juniorcollege and the coordinating board shall consider:
(1) the need for the degree programs in the region served by the juniorcollege;
(2) how those degree programs would complement the other programsand course offerings of the junior college;
(3) whether those degree programs would unnecessarily duplicate thedegree programs offered by other institutions of higher education; and
3744 78th LEGISLATURE — REGULAR SESSION
(4) the ability of the junior college to support the program and theadequacy of the junior college ’s facilities, faculty, administration, libraries, andother resources.
(e) Each public junior college that offers a baccalaureate degree programunder the pilot project must enter into an articulation agreement with one or moregeneral academic teaching institutions to ensure that students enrolled in thedegree program have an opportunity to complete the degree if the public juniorcollege ceases to offer the degree program. The coordinating board may require ageneral academic teaching institution that offers a comparable degree program toenter into an articulation agreement with the public junior college as provided bythis subsection.
(f) In its recommendations to the legislature relating to state funding forpublic junior colleges, the coordinating board shall recommend that a publicjunior college receive substantially the same state support for junior-level andsenior-level courses offered under the pilot project as that provided to a generalacademic teaching institution for substantially similar courses. In determining thecontact hours attributable to students enrolled in a junior-level or senior-levelcourse offered under the pilot project used to determine a public junior college ’sproportionate share of state appropriations under Section 130.003, thecoordinating board shall weigh those contact hours as necessary to provide thejunior college the appropriate level of state support to the extent state funds forthose courses are included in the appropriations. This subsection does notprohibit the legislature from directly appropriating state funds to supportjunior-level and senior-level courses offered under the pilot project.
(g) Each public junior college participating in the pilot project shall preparea biennial report on the operation and effectiveness of the junior college ’sbaccalaureate degree programs offered under the project and shall deliver a copyof the report to the coordinating board in the form and at the time determined bythe coordinating board.
(h) Not later than January 1, 2009, the coordinating board shall prepare aprogress report on the pilot project. Not later than January 1, 2011, thecoordinating board shall prepare a report on the effectiveness of the pilot project,including any recommendations for legislative action regarding the offering ofbaccalaureate degree programs by public junior colleges. The coordinating boardshall deliver a copy of each report to the governor, the lieutenant governor, thespeaker of the house of representatives, and the chair of the standing committeeof each house of the legislature with primary jurisdiction over higher education.
(i) Unless the authority to continue offering the baccalaureate degreeprograms is continued by the legislature, a public junior college may not:
(1) enroll a new student in a baccalaureate degree program under thepilot project after the 2011 fall semester;
(2) offer junior-level or senior-level courses for those degree programsafter the 2015 fall semester, unless the coordinating board authorizes the collegeto offer those courses; or
(3) award a baccalaureate degree under the pilot project after the 2015fall semester, unless the coordinating board approves the awarding of the degree.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3745
(j) The coordinating board shall prescribe procedures to ensure that eachpublic junior college that offers a degree program under the pilot project informseach student who enrolls in the degree program of:
(1) the nature of the pilot project, including the limited duration of theproject; and
(2) the articulation agreement entered into under Subsection (e) for thestudent ’s degree program.
(k) This section expires January 1, 2020.
Amendment No. 2 was adopted without objection.
CSSB 976, as amended, was passed to third reading.
GENERAL STATE CALENDAR(consideration continued)
SB 1567 ON SECOND READING(Hamric - House Sponsor)
SB 1567, A bill to be entitled An Act relating to the Texas Peace Officers ’Memorial in the Capitol Complex.
Amendment No. 1 (Committee Amendment No. 1)
Representative Hamric offered the following committee amendment toSBi1567:
Amend SB 1567 on page 2, between line 23 and 24, add new subsection (d)to read as follows:
(d) An entity that collects funds for the Texas peace officers ’memorial orsolicits funds in any way giving the impression that the proceeds or funds are forthe benefit of the Texas peace officers ’memorial shall send that money to thecomptroller to be deposited in the fund account not later than the 30th day afterthe date on which the money is collected.
and renumber accordingly.
Amendment No. 2
Representative Hamric offered the following amendment to AmendmentNo.i1:
Amend Committee Amendment No. 1 to SB 1567 as follows:(1) on page 4, line 5, strike the following after "memorial": "or solicits
funds in any way giving the";(2) on page 4, strike line 6;(3) on page 4, line 7, strike the following before "shall": "Texas peace
officers ’memorial";(4) on page 4, line 8, strike "comptroller" and substitute "commission";(5) on page 4, line 8, between "the" and "fund", insert "Capitol";(6) on page 4, line 8, strike "not later than the" and substitute "."; and(7) on page 4, strike line 9.
Amendment No. 2 was adopted without objection.
Amendment No. 1, as amended, was adopted without objection.
3746 78th LEGISLATURE — REGULAR SESSION
Amendment No. 3 (Committee Amendment No. 2)
On behalf of Representative Puente, Representative Hamric offered thefollowing committee amendment to SBi1567:
Amend SECTION 1 of SB 1567, as engrossed, by striking Sec. 3105.003and substituting the following:
Sec. 3105.003. ELIGIBILITY FOR MEMORIAL. A person is eligible tohave the person ’s name on the memorial if the person was killed in the line ofduty and was:
(1) a law enforcement officer or peace officer for this state or a politicalsubdivision of this state under Article 2.12, Code of Criminal Procedure, or otherlaw;
(2) a federal law enforcement officer or special agent performing dutiesin this state, including those officers under Article 2.122, Code of CriminalProcedure; or
(3) a corrections or detention officer or county or municipal jaileremployed or appointed by a municipal, county, or state penal institution in thisstate.
Amendment No. 3 was adopted without objection.
SB 1567, as amended, was passed to third reading.
SB 147 ON SECOND READING(Elkins - House Sponsor)
SB 147, A bill to be entitled An Act relating to the adoption by stateagencies of risk management plans and risk control strategies.
Amendment No. 1 (Committee Amendment No. 1)
Representative Elkins offered the following committee amendment toSBi147:
Amend SB 147 (Senate engrossment) in SECTION 1 of the bill, in proposedSection 2057.002(a), Government Code (page 2, line 13), by striking "supersede"and substituting "expand, supersede,".
Amendment No. 1 was adopted without objection.
SB 147, as amended, was passed to third reading.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
SJR 30 ON THIRD READING(Callegari - House Sponsor)
SJR 30, A joint resolution proposing a constitutional amendment relating tothe provision of parks and recreational facilities by certain conservation andreclamation districts.
SJR 30 was read third time earlier today and was postponed until 4 p.m.
A record vote was requested.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3747
SJR 30 was adopted by (Record 690): 130 Yeas, 0 Nays, 2 Present, notvoting.
Representative Wilson requested permission for the Committee on Ways andMeans to meet while the house is in session.
Permission to meet was granted without objection.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Ways and Means, 4:15 p.m. today, speakers committee room, for a formalmeeting, to consider eligible bills in committee.
GENERAL STATE CALENDAR(consideration continued)
SB 160 ON SECOND READING(Capelo, Naishtat, Zedler, Coleman, and McReynolds - House Sponsors)
SB 160, A bill to be entitled An Act relating to education relating to humanorgan donation.
Amendment No. 1
Representative Capelo offered the following amendment to SBi160:
3748 78th LEGISLATURE — REGULAR SESSION
Amend SB 160 (House Committee Report) as follows:(1)iiIn SECTION 1 of the bill, in proposed Section 49.002, Health and
Safety Code (page 1, line 7), insert the following new Subsection (a) and relettersubsequent subsections of that section accordingly:
(a)iiIn this section, "coordinating board" means the Texas Higher EducationCoordinating Board.
(2)iiIn SECTION 1 of the bill, in proposed Section 49.002, Health andSafety Code (page 1, line 7 through page 2, line 1), strike "department" eachplace the word appears and substitute "coordinating board".
Amendment No. 1 was adopted without objection.
SB 160, as amended, was passed to third reading.
SB 161 ON SECOND READING(Capelo, Truitt, Zedler, Naishtat, Coleman, et al. - House Sponsors)
SB 161, A bill to be entitled An Act relating to the regulation andenforcement of certain licensing programs by the Texas Department of Health;providing administrative, civil, and criminal penalties.
Amendment No. 1
Representative Capelo offered the following amendment to SBi161:
Amend SB 161 by adding the following appropriately numberedSECTIONS to read as follows and renumbering subsequent SECTIONSaccordingly:
SECTIONi____.iiSection 203.002(1), Occupations Code, is amended toread as follows:
(1)ii"Board" means the [Texas] Board of Nurse Examiners [Health].SECTIONi____.iiSubchapter A, Chapter 203, Occupations Code, is
amended by adding Section 203.007 to read as follows:Sec.i203.007.iiBOARD OF NURSE EXAMINERS. (a) The board shall
administer this chapter. If, in administering this chapter, there is a conflictbetween this chapter and Chapter 301, Chapter 301 controls.
(b)iiA reference in this chapter to the board or the department means theBoard of Nurse Examiners.
SECTIONi___.iiSection 203.101, Occupations Code, is amended to read asfollows:
Sec.i203.101.iiPROGRAM COORDINATOR. The board [department]shall, [with the approval of the board and] after consultation with the midwiferyboard, employ a coordinator for the midwifery program and the staff necessary toadminister the program.
SECTIONi____.iiSection 203.002(4), Occupations Code, is repealed.SECTIONi____.iiNot later than February 1, 2004, the Board of Nurse
Examiners shall review all rules adopted before that date and effective underSection 203.151(a)(2), Occupations Code, and determine whether to approvethose rules. A rule that is not approved by the board under this section has noeffect.
SECTIONi____.ii(a) On February 1, 2004:
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3749
(1)iiall functions and activities performed by the Texas Board of Health
or the Texas Department of Health related to Chapter 203, Occupations Code,
immediately before that date are transferred to the Board of Nurse Examiners;
(2)iia form adopted by the Texas Board of Health or the Texas
Department of Health related to Chapter 203, Occupations Code, is a form of the
Board of Nurse Examiners and remains in effect until amended or replaced by
that board;
(3)iia reference in law or an administrative rule to the Texas Board of
Health or the Texas Department of Health related to Chapter 203, Occupations
Code, means the Board of Nurse Examiners;
(4)iia complaint, investigation, or other proceeding before the Texas
Board of Health or the Texas Department of Health related to Chapter 203,
Occupations Code, is transferred without change in status to the Board of Nurse
Examiners, and the Board of Nurse Examiners assumes, as appropriate and
without a change in status, the position of the Texas Board of Health or the Texas
Department of Health in an action or proceeding related to Chapter 203,
Occupations Code, to which the Texas Board of Health or the Texas Department
of Health is a party;
(5)iiall money, contracts, leases, property, and obligations of the Texas
Board of Health or the Texas Department of Health related to Chapter 203,
Occupations Code, are transferred to the Board of Nurse Examiners;
(6)iia documentation issued by the Texas Board of Health or the Texas
Department of Health under Chapter 203, Occupations Code, is a documentation
of the Board of Nurse Examiners;
(7)iian employee of the Texas Board of Health or the Texas Department
of Health who primarily performs duties related to Chapter 203, Occupations
Code, becomes an employee of the Board of Nurse Examiners; and
(8)iithe unexpended and unobligated balance of any money
appropriated by the legislature to the Texas Board of Health or the Texas
Department of Health in connection with the administration of Chapter 203,
Occupations Code, is transferred to the Board of Nurse Examiners.
(b)iiBefore February 1, 2004, the Texas Board of Health or the Texas
Department of Health may agree with the Board of Nurse Examiners to transfer
any property of the Texas Board of Health to the Board of Nurse Examiners to
implement the transfer required by this section.
(c)iiIn the period beginning on the effective date of this Act and ending on
January 31, 2004, the Texas Board of Health or the Texas Department of Health
shall continue to perform functions and activities under Chapter 203, Occupations
Code, or other law as if that law had not been repealed or amended by this Act,
and the former law is continued in effect for that purpose.
Amendment No. 1 was adopted without objection.
SB 161, as amended, was passed to third reading.
3750 78th LEGISLATURE — REGULAR SESSION
SB 162 ON SECOND READING(Capelo, Truitt, Naishtat, Zedler, Coleman, et al. - House Sponsors)
SB 162, A bill to be entitled An Act relating to sanctions imposed againstcertain facilities by the Texas Department of Health.
Amendment No. 1
Representative Hartnett offered the following amendment to SBi162:
Amend SB 162 by striking lines 2-3 on page 4, and inserting the following:this chapter but that the noncompliance does not in any way involve the
health and safety of the public or an individual, the department may schedule thefacility for
Amendment No. 1 was adopted without objection.
SB 162, as amended, was passed to third reading.
CSSB 193 ON SECOND READING(Bonnen - House Sponsor)
CSSB 193, A bill to be entitled An Act relating to vehicles passing certainstationary emergency vehicles on a highway; providing a penalty.
CSSB 193 was passed to third reading.
CSSB 297 ON SECOND READING(Hamric - House Sponsor)
CSSB 297, A bill to be entitled An Act relating to a firefighters ’relief andretirement fund in certain municipalities.
Representative Hamric moved to postpone consideration of CSSBi297 until2 p.m. tomorrow.
The motion prevailed without objection.
SB 401 ON SECOND READING(Capelo, Naishtat, Zedler, and Coleman - House Sponsors)
SB 401, A bill to be entitled An Act relating to testing certain public safetypersonnel for accidental exposure to hepatitis B or hepatitis C.
SB 401 was passed to third reading.
SB 541 ON SECOND READING(Taylor - House Sponsor)
SB 541, A bill to be entitled An Act relating to authorizing insurers andhealth maintenance organizations to issue plans that do not includestate-mandated health benefits.
Amendment No. 1
Representatives Taylor and Wohlgemuth offered the following amendmentto SBi541:
Amend SB 541 (house committee printing) as follows:
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3751
(1) In SECTION 1 of the bill, in added Section 3(b)(5), Article 3.80,
Insurance Code, between "(5)" and "supplies" (page 2, line 3), insert the
following and renumber the subsequent subdivisions accordingly:
"services of practitioners under:
(A) Article 21.52 of this code;
(B) Article 3.70-3C, of this code, as added by Chapter 1260, Acts
of the 75th Legislature, Regular Session, 1997; or
(C) Section 2(B), Chapter 397, Acts of the 54th Legislature,
Regular Session, 1955 (Article 3.70-2, Vernon ’s Texas Insurance Code;(6)"
(2) In SECTION 2 of the bill, in added Section 9N(d)(4)(E), Texas Health
Maintenance Organization Act, after the semi-colon (page 8, line 20), strike
"and".
(3) In SECTION 2 of the bill, in added Section 9N(d)(5), Texas Health
Maintenance Organization Act, between "(5)" and "coverage" (page 8, line 21),
insert:
"services of providers under Section 843.304 of this code; and
(6)"
Amendment No. 1 was adopted without objection.
Amendment No. 2
Representative Taylor offered the following amendment to SBi541:
Amend SB 541 in SECTION 2 of the bill (page 7, line 23), between
"amounts" and ";", by inserting ", including limitations provided in Section 9(1)
of this Act, as added by Section 7, Chapter 1026, Acts of the 75th Legislature,
Regular Session, 1997".
Amendment No. 2 was adopted without objection.
Amendment No. 3
Representative Gallego offered the following amendment to SBi541:
Amend SB 541 by striking on page 6, lines 17 through 22 and substituting
new subsection 9 as follows:
Sec. 9. RATES. Each insurer shall file with the commissioner all rates,
supplementary rating information and reasonable and pertinent supporting
information for standard benefit plans offered in this state. The commissioner
may disapprove a rate if the premium is not reasonable in relation to the benefit.
If the commissioner has not issued an order approving rates for standard benefit
plans within 90 days after the filing of the application, the rate shall be deemed
approved.
Representative Taylor moved to table Amendment No. 3.
A record vote was requested.
3752 78th LEGISLATURE — REGULAR SESSION
The motion to table prevailed by (Record 691): 68 Yeas, 48 Nays, 2 Present,
When Record No. 692 was taken, I was temporarily out of the housechamber. I would have voted no.
Canales
Amendment No. 6
Representative Thompson offered the following amendment to SBi541:
Amend SB 541 as follows:(1) on page 13, following line 26, add a new SECTION 7 to read as follows
and renumber subsequent sections:"SECTION 7. Article 26.72, Insurance Code, is amended by amending
Subsection (c) and adding Subsection (e) to read as follows:(c) Subsection (b) of this article does not apply to an arrangement that
provides compensation to an agent on the basis of percentage of premium,provided that:
(1) the percentage may not vary because of health status or claimexperience; and
(2) the small employer carrier does not:(A) exclude any additional premium charged to the small employer
because of health status or claims experience from the premium amount to whichthe percentage is applied; or
(B) apply a smaller percentage to any additional premium chargedto the small employer because of health status or claims experience than isapplied to other premiums charged to the small employer.
(e) A small employer carrier may not use an agent compensation schedulethat provides compensation in a specific dollar amount for each individualcovered during a specified period or for each group of individuals covered duringa specified period.;"
(2) on page 5, between "6." and "This", insert "(1)"; and,(3) on page 5, following line 27, add the following:
"(2) Article 26.72, Insurance Code, as amended by this Act, applies onlyto a small employer health benefit plan that is delivered, renewed, or issued fordelivery on or after January 1, 2004. A health benefit plan delivered or issued fordelivery before January 1, 2004, is governed by the law as it existed immediatelybefore the effective date of this Act, and that law is continued in effect for thatpurpose."
Amendment No. 6 was adopted without objection.
Amendment No. 7
Representative Dukes offered the following amendment to SBi541:
Amend SB 541 (House Committee Printing) as follows:
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3755
(1) On page 4, line 8, between "AUTHORIZED" and the period, insert ";MINIMUM REQUIREMENT";
(2) On page 4, line 8, between the period and "A", insert "(a)"; and,(3) On page 4, between lines 9 and 10, insert the following:"(b) Any standard health benefit plan must include coverage for a minimum
inpatient maternity stay after hospital delivery of a newborn as required byArticle 21.53F of this code as added by Section 1, Chapter 832, Acts of the 75thLegislature, Regular Session, 1997.".
Amendment No. 7 was withdrawn.
Amendment No. 8
Representative Dukes offered the following amendment to SBi541:
Amend SB 541 (House Committee Printing) as follows:(1) On page 4, line 8, between "AUTHORIZED" and the period, insert ";
MINIMUM REQUIREMENT";(2) On page 4, line 8, between the period and "A", insert "(a)"; and,(3) On page 4, between lines 9 and 10, insert the following:"(b) Any standard health benefit plan must include equal coverage for
women ’s healthcare services as required by Article 21.53N of this code.".
Representative Taylor moved to table Amendment No. 8.
A record vote was requested.
The motion to table prevailed by (Record 693): 69 Yeas, 46 Nays, 1 Present,not voting.
When Record No. 693 was taken, I was temporarily out of the house
chamber. I would have voted yes.
Pena
Amendment No. 9
Representative Dukes offered the following amendment to SBi541:
Amend SB 541 (House Committee Printing) as follows:
(1) On page 4, line 8, between "AUTHORIZED" and the period, insert ";MINIMUM REQUIREMENT";
(2) On page 4, line 8, between the period and "A", insert "(a)"; and,(3) On page 4, between lines 9 and 10, insert the following:
"(b) Any standard health benefit plan must include coverage for thedetection and prevention of osteoporosis as required by Article 21.53C of thiscode.".
(Isett in the chair)
Representative Taylor moved to table Amendment No. 9.
A record vote was requested.
The motion to table prevailed by (Record 694): 71 Yeas, 42 Nays, 2 Present,
When Record No. 694 was taken, I was temporarily out of the housechamber. I would have voted yes.
Pena
LEAVES OFABSENCE GRANTED
The following members were granted leaves of absence temporarily fortoday to attend a meeting of the conference committee on HB 1:
Luna on motion of Lewis.
Wohlgemuth on motion of Lewis.
SB 541 - (consideration continued)
Amendment No. 10
Representative Dukes offered the following amendment to SBi541:
Amend SB 541 (House Committee Printing) as follows:(1) On page 4, line 8, between "AUTHORIZED" and the period, insert ";
MINIMUM REQUIREMENT";(2) On page 4, line 8, between the period and "A", insert "(a)"; and,(3) On page 4, between lines 9 and 10, insert the following:"(b) Any standard health benefit plan must include coverage for direct
services to an OB-GYN provider as required by Article 21.53D of this code asadded by Section 1, Chapter 912, Acts of the 75th Legislature, Regular Session,1997.".
Representative Taylor moved to table Amendment No. 10.
A record vote was requested.
The motion to table was lost by (Record 695): 21 Yeas, 96 Nays, 2 Present,not voting.
I was shown voting yes on Record No. 695. I intended to vote no.
Eissler
When Record No. 695 was taken, I was temporarily out of the housechamber. I would have voted yes.
Pena
Amendment No. 10 was adopted without objection.
Amendment No. 11
Representative Thompson offered the following amendment to SBi541:
Amend SB 541 (House Committee Printing) as follows:(1) On page 4, line 8, between "AUTHORIZED" and the period, insert ";
MINIMUM REQUIREMENT";(2) On page 4, line 8, between the period and "A", insert "(a)"; and,(3) On page 4, between lines 9 and 10, insert the following:"(b) Any standard health benefit plan must include coverage for
contraceptives, if the plan provides benefits for other prescription drugs, asrequired by Article 21.52L of this code as added by Section 1, Chapter 1106,Acts of the 77th Legislature, Regular Session, 2001.".
Representative Taylor moved to table Amendment No. 11.
A record vote was requested.
The motion to table prevailed by (Record 696): 70 Yeas, 44 Nays, 2 Present,not voting.
I was shown voting yes on Record No. 698. I intended to vote no.
Eissler
When Record No. 698 was taken, I was in the house but away from mydesk. I would have voted yes.
Pena
Amendment No. 13 was adopted without objection.
Amendment No. 14
Representative Coleman offered the following amendment to SBi541:
Amend SB 541 by striking "and" on page 4, line 1, and adding on page 4,line 8, new subsections (7), (8), and (9) as follows:
"(7) coverage for referral to a non-network physician or provider whenmedically necessary covered services are not available through networkphysicians or providers, as required by Article 20A.09(a)(3)(C) of this code (Acts1997, 75th Leg., ch. 163, §5, Acts 1997, 75th Leg., ch. 837, §4.01, Acts 1997,75th Leg., ch.1023, Acts 1997, 75th Leg., ch.1026, §7);
(8) coverage for use of a nonprimary care physician specialist as theprimary care physician for an enrollee with a chronic, disabling, or lifethreatening illness, as required by Article 20A.09(a)(3)(D) and Article20A.09(a)(3)(F) of this code (Acts 1997, 75th Leg., ch. 163, §5, Acts 1997, 75thLeg., ch. 837, §4.01, Acts 1997, 75th Leg., ch.1023, Acts 1997, 75th Leg.,ch.1026, §7); and
(9) coverage for rehabilitation services and therapies as required byArticle 20A.09(a)(4) of this code (Acts 1997, 75th Leg., ch. 163, §5, Acts 1997,75th Leg., ch. 837, §4.01, Acts 1997, 75th Leg., ch.1023, Acts 1997, 75th Leg.,ch.1026, §7).
Amendment No. 14 was withdrawn.
Amendment No. 15
Representatives Raymond and Capelo offered the following amendment toSBi541:
Amend SB 541 by striking "and" on page 4, line 1, and adding on page 4,line 8, new subsections (7), (8), and (9) as follows:
(7) coverage for childhood immunizations and hearing screening asrequired by Article 21.53F of this code (Acts 1997, 75th Leg., ch. 683, §1) and21.53K of this code.
(8) coverage for reconstructive surgery for certain craniofacialabnormalities of children as required by Article 21.53Wof this code.
(9) coverage for the dietary treatment of phenylketonuria as required byArticle 3.79 of this code.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3763
Amendment No. 15 was adopted without objection.
(Speaker in the chair)
Amendment No. 16
Representative Dukes offered the following amendment to SBi541:
Amend SB 541 (House Committee Printing) as follows:
(1) On page 4, line 8, between "AUTHORIZED" and the period, insert ";
MINIMUM REQUIREMENT";
(2) On page 4, line 8, between the period and "A", insert "(a)"; and,
(3) On page 4, between lines 9 and 10, insert the following:
"(b) Any standard health benefit plan must include coverage for a minimum
inpatient maternity stay after hospital delivery of a newborn as required by
Article 21.53F of this code as added by Section 1, Chapter 832, Acts of the 75th
Legislature, Regular Session, 1997.".
Representative Taylor moved to table Amendment No. 16.
A record vote was requested.
The motion to table prevailed by (Record 699): 77 Yeas, 43 Nays, 2 Present,
When Record No. 701 was taken, I was temporarily out of the house
chamber. I would have voted yes.
Gallego
SB 624 - VOTE RECONSIDERED
Representative Callegari moved to reconsider the vote by which SB 624 was
passed to third reading.
The motion to reconsider prevailed.
SB 624 ON SECOND READING
(Callegari - House Sponsor)
SB 624, A bill to be entitled An Act relating to the provision of parks and
recreational facilities by certain conservation and reclamation districts;
authorizing the issuance of bonds on voter approval.
Amendment No. 3 - Vote Reconsidered
Representative Callegari moved to reconsider the vote by which
Amendment No. 3 was adopted.
The motion to reconsider prevailed.
Amendment No. 3 was withdrawn.
SB 624, as amended, was passed to third reading.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
SB 1517 ON SECOND READING
(Miller - House Sponsor)
SB 1517, A bill to be entitled An Act relating to authority of security
personnel at commercial nuclear power plants.
SB 1517 was read second time earlier today, amendments were offered, and
was postponed until 5 p.m.
Amendment No. 3
Representative Thompson offered the following amendment to SBi1517:
Amend SB 1517 by striking SECTIONS 1 and 2 of the bill and renumbering
subsequent SECTIONS accordingly.
Amendment No. 3 was withdrawn.
SB 1517 was passed to third reading.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3767
GENERAL STATE CALENDAR(consideration continued)
SB 669 ON SECOND READING(Woolley - House Sponsor)
SB 669, A bill to be entitled An Act relating to the investigation of certainreports of child abuse or neglect.
Amendment No. 1
Representative Woolley offered the following amendment to SBi669:
Amend SB 669 (House Committee Printing) as follows:(1)iiIn SECTION 1 of the bill, in amended Section 261.301(f), Family Code
(page 1, lines 10 and 11), strike "or that alleges [of] serious physical or sexualabuse of a child" and substitute "and that alleges an immediate risk of [serious]physical or sexual abuse of a child that could result in the death of or seriousharm to the child".
(2)iiIn SECTION 1 of the bill, in proposed Section 261.301(h), Family Code(page 1, lines 22 and 23), strike "or a report that alleges serious physical or sexualabuse of a child" and substitute "and that alleges an immediate risk of physical orsexual abuse of a child that could result in the death of or serious harm to thechild".
(3)iiIn SECTION 2 of the bill, in amended Article 2.27, Code of CriminalProcedure (page 2, lines 7-9), strike "or any other report that alleges [alleging]serious physical or sexual abuse of a child" and substitute "and that alleges animmediate risk of [alleging serious] physical or sexual abuse of a child that couldresult in the death of or serious harm to the child".
Amendment No. 1 was adopted without objection.
Amendment No. 2
On behalf of Representative Wohlgemuth, Representative Isett offered thefollowing amendment to SBi669:
Amend SB 669 (House Committee Printing) as follows:(1) Add the following appropriately numbered SECTIONS to the bill and
renumber subsequent SECTIONS of the bill accordingly:SECTION _____. Subsection (e), Section 261.302, Family Code, is
amended to read as follows:(e) An interview by an investigating agency, other than the department, with
a child alleged to be a victim of physical abuse or sexual abuse shall beaudiotaped or videotaped unless the investigating agency determines that goodcause exists for not audiotaping or videotaping the interview in accordance withrules of the agency. Good cause may include, but is not limited to, suchconsiderations as the age of the child and the nature and seriousness of theallegations under investigation. An interview by the department with a childalleged to be the victim of physical abuse or sexual abuse shall be audiotaped orvideotaped unless a parent of the child observes the interview or agrees in writingthat the department may proceed with the interview without taping the interview
3768 78th LEGISLATURE — REGULAR SESSION
or a court, on finding good cause, waives the requirement. Nothing in this
subsection shall be construed as prohibiting the department or other investigating
agency from audiotaping or videotaping an interview of a child on any case for
which such audiotaping or videotaping is not required under this subsection. The
fact that the department or other investigating agency failed to audiotape or
videotape an interview is admissible at the trial of the offense that is the subject of
the interview.
SECTION _____. Section 262.201(a), Family Code, is amended to read as
follows:
(a) Unless the child has already been returned to the parent, managing
conservator, possessory conservator, guardian, caretaker, or custodian entitled to
possession and the temporary order, if any, has been dissolved, a full adversary
hearing shall be held not later than the 14th day after the date the child was taken
into possession by the governmental entity. The parent, managing conservator,
possessory conservator, guardian, caretaker, or custodian entitled to possession of
the child may petition the court to hold the hearing on a date earlier than the date
set by the court under this subsection.
(2) Strike SECTION 3 of the bill (page 2, lines 19-24) and substitute the
following appropriately numbered SECTION:
SECTION _____. (a) This Act takes effect September 1, 2003.
(b) Sections 261.301 and 261.302, Family Code, as amended by this Act,
apply only to the investigation of a report of child abuse or neglect made on or
after the effective date of this Act, without regard to whether the abuse or neglect
occurred before, on, or after that date. The investigation of a report made before
the effective date of this Act is governed by the law in effect on the date the
report was made, and the former law is continued in effect for that purpose.
(b) Section 262.201(a), Family Code, as amended by this Act, applies only
to a hearing with regard to a child taken into possession by a governmental entity
on or after the effective date of this Act. A hearing with regard to a child taken
into possession by a governmental entity before the effective date of this Act is
governed by the law in effect on the date the child was taken into possession by
the governmental entity, and the former law is continued in effect for that
purpose.
Amendment No. 2 was withdrawn.
SB 669, as amended, was passed to third reading.
SB 833 ON SECOND READING
(Nixon - House Sponsor)
SB 833, A bill to be entitled An Act relating to the application of the
Charitable Immunity and Liability Act of 1987 to alumni associations and
on-campus organizations.
Amendment No. 1
Representative Solis offered the following amendment to SBi833:
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3769
Amend SB 833 (house committee report) in SECTION 1 of the bill, inamended Subdivision (1), Section 84.003, Civil Practice and Remedies Code(page 1, lines 18-19), by striking "excluding private primary or secondaryschools, fraternities, sororities, and secret societies," and substituting "including[excluding] private primary or secondary schools accredited by a memberassociation of the Texas Private School Accreditation Commission but excludingfraternities, sororities, and secret societies,".
Amendment No. 1 was adopted without objection.
SB 833, as amended, was passed to third reading.
CSSB 1017 ON SECOND READING(Nixon - House Sponsor)
CSSB 1017, A bill to be entitled An Act relating to the ability of a county tosue and be sued.
Amendment No. 1
On behalf of Representative Nixon, Representative Keel offered thefollowing amendment to CSSBi1017:
Amend CSSB 1017 (House committee printing) as follows:(1)iiIn SECTION 2 of the bill, in added Section 262.007(a), Local
Government Code (page 1, line 17), strike "the sale of goods or for engineeringor construction services may" and substitute "engineering or construction servicesor for goods related to engineering or construction services may".
(2)iiIn SECTION 2 of the bill, in added Section 262.007(a), LocalGovernment Code (page 1, line 20), strike "county, and a" and substitute "county.A".
(3)iiIn SECTION 2 of the bill, in added Section 262.007(a), LocalGovernment Code (page 1, line 22), between "name" and the period, insert "andmust be brought in a state court in that county".
(4)iiIn SECTION 2 of the bill, in added Section 262.007(b), LocalGovernment Code (page 1, line 24, through page 2, line 1), strike "may notexceed an amount equal to the sum of" and substitute "is limited to thefollowing".
(5)iiIn SECTION 2 of the bill, in added Section 262.007(b)(1), LocalGovernment Code (page 2, line 4), between "for" and "owner-caused", insert "theincreased cost to perform the work as a direct result of".
(6)iiIn SECTION 2 of the bill, strike added Sections 262.007(b)(2) and (3),Local Government Code (page 2, lines 5 through 7), and substitute the following:
(2)iithe amount owed for change orders or additional work required tocarry out the contract;
(3)iireasonable and necessary attorney ’s fees that are equitable and just;and
(4)iiinterest as allowed by law.(7)iiIn SECTION 2 of the bill, in added Section 262.007(c), Local
Government Code (page 2, line 8), strike "Except as allowed under Subsection(b), an" and substitute "An".
3770 78th LEGISLATURE — REGULAR SESSION
(8)iiIn SECTION 2 of the bill, in added Section 262.007(c)(1), LocalGovernment Code (page 2, line 10), strike "; or" and substitute ", except asallowed under Subsection (b)(1);".
(9)iiIn SECTION 2 of the bill, in added Section 262.007(c)(2), LocalGovernment Code (page 2, line 11), between "damages" and the period, insert thefollowing:; or
(3)iidamages for unabsorbed home office overhead(10)iiIn SECTION 2 of the bill, after added Section 262.007(d), Local
Government Code (page 2, between lines 14 and 15), insert the following:(e)iiThis section does not waive sovereign immunity to suit in federal court.(11)iiIn SECTION 3 of the bill (page 2, line 15), between "3." and "This",
insert "(a)".(12)iiAt the end of SECTION 3 of the bill (page 2, after line 15), add the
following:(b)iiThis Act applies only to a claim arising under a contract executed on or
after September 1, 2003. A claim that arises under a contract executed beforeSeptember 1, 2003, is governed by the law as it existed on the date the contract isexecuted, and the former law is continued in effect for that purpose.
Amendment No. 1 was adopted without objection.
Amendment No. 2
Representatives Keel and Nixon offered the following amendment toCSSBi1017:
Amend CSSB 1017 by adding the following appropriately numberedsections to the bill and renumbering subsequent sections of the bill accordingly:
SECTION _____. Section 157.901, Local Government Code, is amended byadding Subsections (d), (e), and (f) to read as follows:
(d) A county official sued by the county with which the official serves for anaction arising from the performance of public duty is entitled to have thecommissioners count of the county employ and pay private counsel to representthe official.
(e) A county official may sue the commissioners court if necessary toreceive representation under Subsection (b-1). If the official prevails in the suit,the official is entitled to reasonable attorney ’s fees incurred in receiving therepresentation.
(f) A private attorney employed under this section may sue the county ifnecessary to collect payment due under this section. If the attorney prevails in thesuit, the attorney is entitled to reasonable attorney ’s fees incurred in collecting thepayment.
SECTION _____. The change in law made by Section 157.901, LocalGovernment Code, as amended by this Act, applies only in relation to a suitunder that section that is filed on or after the effective date of this Act. A suit thatis filed before the effective date of this Act is covered by the law in effect whenthe suit was filed, and that law is continued in effect for that purpose.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3771
Amendment No. 2 was adopted without objection.
Amendment No. 3
Representatives Casteel and Nixon offered the following amendment toCSSBi1017:
Amend CSSB 1017 by inserting a new SECTION _____ to read as followsand renumbering subsequent sections accordingly:
SECTION _____. Chapter 89, Local Government Code, is amended byadding Section 89.0041 to read as follows:
Sec. 89.0041. NOTICE OF SUIT AGAINST COUNTY. (a) A person filingsuit against a county or against a county official in the official ’s capacity as acounty official shall deliver written notice to:
(1) the county judge; and(2) the county or district attorney having jurisdiction to defend the
county in a civil suit.(b) The written notice must be delivered by certified or registered mail by
the 30th business day after suit is filed and contain:(1) the style and cause number of the suit;(2) the court in which the suit was filed; and(3) the date on which the suit was filed.
(c) If a person does not give notice as required by this section, the court inwhich the suit is pending shall dismiss the suit on a motion for dismissal made bythe county or the county official.
Amendment No. 3 was adopted without objection.
Amendment No. 4
Representative Alonzo offered the following amendment to CSSBi1017:
Amend CSSB 1017 between SECTIONS 1 and 2 of the bill (Housecommittee printing, page 1, between lines 12 and 13), by adding the followingSECTION to the bill and renumbering subsequent SECTIONS of the billaccordingly:
SECTION 2. Chapter 89, Local Government Code, is amended by addingSection 89.0045 to read as follows:
Sec. 89.0045. LIABILITY OF COUNTY EMPLOYEES. A countyemployee may be sued in an action arising from an intentional act committed bythe employee that is incident to or within the scope of the duties of theemployee ’s position of employment, and is strictly liable for damages that resultfrom the intentional act.
Amendment No. 4 was withdrawn.
Amendment No. 5
Representative Hartnett offered the following amendment to CSSBi1017:
Amend CSSB 1017 by adding the following appropriately numberedSECTION to the bill and renumbering subsequent SECTIONS of the billaccordingly:
3772 78th LEGISLATURE — REGULAR SESSION
SECTION _____. A person who filed a suit against a county on a claim
arising under a contract for the sale of goods or for engineering or constructionservices that was dismissed not earlier than two years before the effective date of
this Act on grounds of sovereign immunity may sue the county on that claim asprovided by Section 262.07, Local Government Code, as added by this Act, on or
after the effective date of this Act, not withstanding any applicable statute of
limitations. This section expires September 1, 2004.
Amendment No. 5 failed of adoption.
Amendment No. 6
Representative King offered the following amendment to CSSBi1017:
Amend CSSB 1017 as follows:(1) In SECTION 1 of the bill, in the recital (House committee printing, page
1, lines 4 and 5), strike "Section 89.004(a), Local Government Code, is amended"
and substitute "Section 89.004, Local Government Code, is amended byamending Subsection (a) and adding Subsection (c)".
(2) In SECTION 1 of the bill, immediately following amended Section
89.004(a), Local Government Code (House committee printing, page 1, betweenlines 12 and 13), insert the following:
(c) In this section, "claim" does not include a request for injunctive relief or
its underlying cause of action.
Amendment No. 6 was adopted without objection.
CSSB 1017, as amended, was passed to third reading.
CSSB 1108 ON SECOND READING
(Grusendorf - House Sponsor)
CSSB 1108, A bill to be entitled An Act relating to academic achievement
in public schools.
Amendment No. 1
Representative Grusendorf offered the following amendment to CSSBi1108:
Amend CSSB 1108 by adding the following appropriately numberedSECTION to the bill and renumbering the subsequent SECTIONS accordingly:
SECTIONi__.iiSubchapter B, Chapter 28, Education Code, is amended by
adding Section 28.0212 to read as follows:Sec.i28.0212.iiINTENSIVE PROGRAM OF INSTRUCTION. (a) A school
district shall offer an intensive program of instruction to a student who does notperform satisfactorily on an assessment instrument administered under
Subchapter B, Chapter 39.
(b)iiA school district shall design the intensive program of instructiondescribed by Subsection (a) to:
(1)iienable the student to:
(A)iito the extent practicable, perform at the student ’s grade level atthe conclusion of the next regular school term; or
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3773
(B)iiattain a standard of annual growth specified by the schooldistrict and reported by the district to the agency; and
(2)iiif applicable, carry out the purposes of Section 28.0211.(c)iiA school district shall use funds appropriated by the legislature for an
intensive program of instruction to plan and implement intensive instruction andother activities aimed at helping a student satisfy state and local high schoolgraduation requirements. The commissioner shall distribute funds to districts thatimplement a program under this section based on the number of studentsidentified by the district who:
(1)iido not perform satisfactorily on an assessment instrumentadministered under Subchapter B, Chapter 39; or
(2)iiare not likely to receive a high school diploma before the fifthschool year following the student ’s enrollment in grade nine, as determined bythe district.
(d)iiA school district ’s determination of the appropriateness of a program fora student under this section is final and does not create a cause of action.
Amendment No. 1 was adopted without objection.
Amendment No. 2
Representative Grusendorf offered the following amendment to CSSBi1108:
Amend CSSB 1108 between Sections 2 and 3 of the bill (house committeereport, page 1, following line 24), by inserting the following new section andrenumbering the subsequent sections accordingly:
SECTIONi__.ii(a) Section 39.023(a), Education Code, is amended to readas follows:
(a)iiThe agency shall adopt or develop appropriate criterion-referencedassessment instruments designed to assess essential knowledge and skills inreading, writing, mathematics, social studies, and science. All students, exceptstudents assessed under Subsection (b) or (l) or exempted under Section 39.027,shall be assessed in:
(1)iimathematics, annually in grades three through seven without the aidof technology and in grades eight through 11 with the aid of technology on anyassessment instruments that include algebra;
(2)iireading, annually in grades three through nine;(3)iiwriting, including spelling and grammar, in grades four and seven;(4)iiEnglish language arts, in grade 10;(5)iisocial studies, in grades five, eight, and 10; and(6)iiscience, in grades five, eight, and 10.
(b)iiThe commissioner of education shall adopt rules for the implementationof Sections 39.023(a)(5) and (6), Education Code, as amended by Subsection (a)of this section. The commissioner ’s rules must provide that:
(1)iiexcept as provided by Subdivision (3) of this subsection, not laterthan the 2006-2007 school year, the State Board of Education shall administer:
(A)iia social studies assessment instrument to students in the fifthgrade as provided by Section 39.023(a)(5), Education Code, as amended bySubsection (a) of this section; and
3774 78th LEGISLATURE — REGULAR SESSION
(B)iia science assessment instrument to students in the eighth grade
as provided by Section 39.023(a)(6), Education Code, as amended by Subsection
(a) of this section;
(2)iiexcept as provided by Subdivision (4) of this subsection, not later
than the 2008-2009 school year, the Texas Education Agency, in evaluating the
performance of school districts, campuses, and open-enrollment charter schools
under Subchapter D, Chapter 39, Education Code, shall include the results of
student performance on:
(A)iithe fifth grade social studies assessment instrument required by
Section 39.023(a)(5), Education Code, as amended by Subsection (a) of this
section; and
(B)iithe eighth grade science assessment instrument required by
Section 39.023(a)(6), Education Code, as amended by Subsection (a) of this
section;
(3)iinot later than the 2008-2009 school year, the State Board of
Education shall administer assessment instruments under Section 39.023(b),
Education Code, that correspond to:
(A)iithe fifth grade social studies assessment instrument required by
Section 39.023(a)(5), Education Code, as amended by Subsection (a) of this
section; and
(B)iithe eighth grade science assessment instrument required by
Section 39.023(a)(6), Education Code, as amended by Subsection (a) of this
section; and
(4)iinot later than the 2010-2011 school year, the Texas Education
Agency shall include the results of student performance on the assessment
instruments described by Subdivision (3) of this subsection in evaluating the
performance of school districts, campuses, and open-enrollment charter schools
under Subchapter D, Chapter 39, Education Code.
Amendment No. 2 was adopted without objection.
Amendment No. 3
Representative Grusendorf offered the following amendment to CSSBi1108:
Amend CSSB 1108 by adding the following appropriately numbered
SECTIONS and renumbering the subsequent SECTIONS of the bill accordingly:
SECTIONi____.iiSection 29.903, Education Code, as added by Chapter
944, Acts of the 77th Legislature, Regular Session, 2001, is renumbered as
Section 29.909, Education Code, and is amended to read as follows:
Sec.i29.909 [29.903].iiELECTRONIC COURSES. (a) In this section,
"electronic course" means an educational program or course:
(1)iithat includes use of [available to students primarily through] the
Internet or other electronic media; and
(2)iiin which a student and a teacher are in different locations for a
majority of the student ’s instructional period [enrolled in the course is not
physically present in the classroom for all or part of the course].
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3775
(b)iiThe commissioner shall implement a program under which a schooldistrict may offer [an] electronic courses [course] to students enrolled in thedistrict or to students enrolled in another district, as provided by an agreementbetween the districts. A district may not require a student to enroll in anelectronic course. The district may offer the electronic courses through adesignated campus or through a full-time program serving students throughoutthe district.
(c)iiThe commissioner shall select school districts to participate in theprogram based on applications submitted by the districts. The commissioner maynot require a district to participate in the program. The commissioner maydetermine the number of districts permitted to participate in the program,provided that the commissioner shall to the extent possible permit theparticipation of rural and urban districts with a higher than average:
(1)iinumber of at-risk students, as determined by the commissioner;(2)iidropout rate; or(3)iipopulation of underserved gifted and talented students, as
determined by the commissioner.(d)iiA school district seeking to participate in the program must submit a
written application to the commissioner not later than July 1 preceding the schoolyear the district proposes to begin participation [participate] in the program, or anearlier date set by the commissioner. The application must include:
(1)iia proposed budget for the program;(2)iia method to be used to verify student attendance;(3)ii[an accountability plan;[(4)iia description of each electronic course to be offered by the district;[(5)iia description of the students expected to be enrolled in each
electronic course;[(6)]iiany requested waiver of a requirement, restriction, or prohibition
imposed by this code or by a rule of the State Board of Education or thecommissioner, [;] and
[(7)]iithe period for which any requested waiver [under Subdivision (6)]is proposed to be in effect; and
(4)iithe information required under Subsection (f).(e)iiThe commissioner may collect from each district that submits an
application under Subsection (d) a reasonable fee sufficient to pay the costs ofadministering this section.
(f)iiNot later than a date determined by the commissioner, each schooldistrict participating in the program shall create and maintain on the district ’sInternet website an "informed choice" report in a format determined by thecommissioner. The agency shall maintain on its Internet website a link to eachdistrict report under this subsection. Each report must include a description of:
(1)iieach course of instruction offered to students in the program,including the number of lessons, the expected duration of each lesson, and adescription of each lesson that requires use of a computer;
(2)iiall materials required for each course offered in the program;
3776 78th LEGISLATURE — REGULAR SESSION
(3)iithe process used to ensure that each course meets the essentialknowledge and skills requirements under Subchapter A, Chapter 28, includingany consultation with a district curriculum specialist;
(4)iithe process used to place students in the appropriate academic levelsof the program, including:
(A)iisample placement evaluations;(B)iiinformation related to each person responsible for placement of
a student;(C)iithe circumstances in which a student may be placed in different
academic levels for different course subjects during a school year; and(D)iithe circumstances in which a student may complete more than
one course level during a school year;(5)iiany technology provided by the program to each student enrolled in
the program, including any computer, computer software, or Internet access;(6)iithe method used to report attendance in the program;(7)iithe method used to authenticate student course work and
attendance;(8)iithe location and content of each scheduled meeting between parents
or guardians of students enrolled in the program and teachers or other schoolofficials, and the method used to notify parents and guardians of the time andlocation of each meeting;
(9)iithe program policies relating to:(A)iicomputer security and privacy; and(B)iitruancy, absences, discipline, withdrawal, and expulsion of
students;(10)iiany extracurricular activities provided by the program, including
activities held on a campus in the school district;(11)iithe teaching model used by the program, including:
(A)iieach teacher ’s responsibilities;(B)iiminimum teacher qualifications;(C)iiminimum hours of training provided to teachers;(D)iiaverage and maximum student/teacher ratios;(E)iihours of teacher availability; and(F)iifor each grade level, minimum and expected amounts of
contact between teachers and parents and between teachers and students;(12)iiany academic services that the program expects a student ’s parent
or guardian to provide to the student;(13)iieach standardized assessment instrument, in addition to any
assessment instrument required under Chapter 39, that the student is required tocomplete during the school year and, if available, the location for administrationof the instrument;
(14)iia summary of the results of each assessment instrumentadministered to students in the program during the school year preceding the yearthe report is submitted; and
(15)iithe school year calendar for the program, including any options forcontinued participation outside of the standard school district calendar.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3777
(g)iiA school district is entitled to receive federal, state, and local fundingfor a student enrolled in an electronic course in an amount equal to the fundingthe district is otherwise entitled to receive for a student enrolled in the district. Aschool district may calculate the average daily attendance of a student enrolled inan electronic course based on:
(1)iihours of contact with the student;(2)iithe student ’s successful completion of a course; or(3)iia method approved by the commissioner.
(h)i[(e)]iiThe commissioner may waive any requirement, restriction, orprohibition imposed by this code [relating to the computation of daily attendance]to the extent necessary to implement a program under this section.
(i)i[(f)]iiThe commissioner may cooperate with the comptroller, theDepartment of Information Resources, or any other state agency or commissionin adopting technical standards for auditing or verifying student attendance in anelectronic course.
(j)i[(g)]iiNot later than December 1, 2006 [2002], the commissioner shallsubmit a report to the lieutenant governor and the speaker of the house ofrepresentatives. The report must include:
(1)ii[proposed] methods proposed by school districts for fundingelectronic courses, including an evaluation of the fiscal costs or benefits of eachmethod;
(2)iiavailable methods of verifying student attendance in an electroniccourse, including biometric attendance methods;
(3)iiany security or privacy issues involved in providing an electroniccourse;
(4)iithe educational benefits of an electronic course;(5)iia list of any waiver requests submitted to the commissioner by
school districts under Subsection (d)(3) [(d)(6)]; and(6)iia list of any provisions waived by the commissioner in the
implementation of a program under this section.(k) [(h)]iiThis subsection and Subsection (j) expire January [section expires
September] 1, 2007 [2003].SECTIONi____.iiSection 29.909(e), Education Code, as added by this Act,
applies only to a district that applies for participation in the electronic courseprogram under Section 29.909, Education Code, as renumbered by this Act, on orafter the effective date of this Act.
Amendment No. 3 was withdrawn.
Amendment No. 4
Representatives Branch, Driver, Eissler, Griggs, Grusendorf, Hochberg,Madden, and Oliveira offered the following amendment to CSSBi1108:
Amend CSSB 1108 by adding the following appropriately numberedSECTIONS and renumbering the subsequent SECTIONS of the bill accordingly:
SECTIONi____.iiSection 29.903, Education Code, as added by Chapter944, Acts of the 77th Legislature, Regular Session, 2001, is renumbered asSection 29.909, Education Code, and is amended to read as follows:
3778 78th LEGISLATURE — REGULAR SESSION
Sec.i29.909 [29.903].iiELECTRONIC COURSES. (a) In this section,
"electronic course" means an educational program or course:
(1)iithat includes use of [available to students primarily through] the
Internet or other electronic media; and
(2)iiin which a student and a teacher are in different locations for a
majority of the student ’s instructional period [enrolled in the course is not
physically present in the classroom for all or part of the course].
(b)iiThe commissioner shall implement a program under which a school
district may offer [an] electronic courses [course] to students enrolled in the
district or to students enrolled in another district, as provided by an agreement
between the districts. A district may not require a student to enroll in an
electronic course. The district may offer the electronic courses through a
designated campus or through a full-time program serving students throughout
the district.
(c)iiThe commissioner shall select school districts to participate in the
program based on applications submitted by the districts. The commissioner may
not require a district to participate in the program. The commissioner may
determine the number of districts permitted to participate in the program,
provided that the commissioner shall to the extent possible permit the
participation of rural and urban districts with a higher than average:
(1)iinumber of at-risk students, as determined by the commissioner;
(2)iidropout rate; or
(3)iipopulation of underserved gifted and talented students, as
determined by the commissioner.
(d)iiA school district seeking to participate in the program must submit a
written application to the commissioner not later than July 1 preceding the school
year the district proposes to begin participation [participate] in the program, or an
earlier date set by the commissioner. The application must include:
(1)iia proposed budget for the program;
(2)iia method to be used to verify student attendance;
(3)ii[an accountability plan;
[(4)iia description of each electronic course to be offered by the district;
[(5)iia description of the students expected to be enrolled in each
electronic course;
[(6)]iiany requested waiver of a requirement, restriction, or prohibition
imposed by this code or by a rule of the State Board of Education or the
commissioner, [;] and
[(7)]iithe period for which any requested waiver [under Subdivision (6)]
is proposed to be in effect; and
(4)iithe information required under Subsection (f).
(e)iiThe commissioner may collect from each district that submits an
application under Subsection (d) a reasonable fee sufficient to pay the costs of
administering this section.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3779
(f)iiNot later than a date determined by the commissioner, each schooldistrict participating in the program shall create and maintain on the district ’sInternet website an "informed choice" report in a format determined by thecommissioner. The agency shall maintain on its Internet website a link to eachdistrict report under this subsection. Each report must include a description of:
(1)iieach course of instruction offered to students in the program,including the number of lessons, the expected duration of each lesson, and adescription of each lesson that requires use of a computer;
(2)iiall materials required for each course offered in the program;(3)iithe process used to ensure that each course meets the essential
knowledge and skills requirements under Subchapter A, Chapter 28, includingany consultation with a district curriculum specialist;
(4)iithe process used to place students in the appropriate academic levelsof the program, including:
(A)iisample placement evaluations;(B)iiinformation related to each person responsible for placement of
a student;(C)iithe circumstances in which a student may be placed in different
academic levels for different course subjects during a school year; and(D)iithe circumstances in which a student may complete more than
one course level during a school year;(5)iiany technology provided by the program to each student enrolled in
the program, including any computer, computer software, or Internet access;(6)iithe method used to report attendance in the program;(7)iithe method used to authenticate student course work and
attendance;(8)iithe location and content of each scheduled meeting between parents
or guardians of students enrolled in the program and teachers or other schoolofficials, and the method used to notify parents and guardians of the time andlocation of each meeting;
(9)iithe program policies relating to:(A)iicomputer security and privacy; and(B)iitruancy, absences, discipline, withdrawal, and expulsion of
students;(10)iiany extracurricular activities provided by the program, including
activities held on a campus in the school district;(11)iithe teaching model used by the program, including:
(A)iieach teacher ’s responsibilities;(B)iiminimum teacher qualifications;(C)iiminimum hours of training provided to teachers;(D)iiaverage and maximum student/teacher ratios;(E)iihours of teacher availability; and(F)iifor each grade level, minimum and expected amounts of
contact between teachers and parents and between teachers and students;(12)iiany academic services that the program expects a student ’s parent
or guardian to provide to the student;
3780 78th LEGISLATURE — REGULAR SESSION
(13)iieach standardized assessment instrument, in addition to anyassessment instrument required under Chapter 39, that the student is required tocomplete during the school year and, if available, the location for administrationof the instrument;
(14)iia summary of the results of each assessment instrumentadministered to students in the program during the school year preceding the yearthe report is submitted; and
(15)iithe school year calendar for the program, including any options forcontinued participation outside of the standard school district calendar.
(g)iiA school district is entitled to receive federal, state, and local fundingfor a student enrolled in an electronic course in an amount equal to the fundingthe district is otherwise entitled to receive for a student enrolled in the district. Aschool district may calculate the average daily attendance of a student enrolled inan electronic course based on:
(1)iihours of contact with the student;(2)iithe student ’s successful completion of a course; or(3)iia method approved by the commissioner.
(h)i[(e)]iiThe commissioner may waive any requirement, restriction, orprohibition imposed by this code [relating to the computation of daily attendance]to the extent necessary to implement a program under this section.
(i)i[(f)]iiThe commissioner may cooperate with the comptroller, theDepartment of Information Resources, or any other state agency or commissionin adopting technical standards for auditing or verifying student attendance in anelectronic course.
(j)i[(g)]iiNot later than December 1, 2006 [2002], the commissioner shallsubmit a report to the lieutenant governor and the speaker of the house ofrepresentatives. The report must include:
(1)ii[proposed] methods proposed by school districts for fundingelectronic courses, including an evaluation of the fiscal costs or benefits of eachmethod;
(2)iiavailable methods of verifying student attendance in an electroniccourse, including biometric attendance methods;
(3)iiany security or privacy issues involved in providing an electroniccourse;
(4)iithe educational benefits of an electronic course;(5)iia list of any waiver requests submitted to the commissioner by
school districts under Subsection (d)(3) [(d)(6)]; and(6)iia list of any provisions waived by the commissioner in the
implementation of a program under this section.(k) [(h)]iiThis subsection and Subsection (j) expire January [section expires
September] 1, 2007 [2003].SECTIONi____.iiSection 29.909(e), Education Code, as added by this Act,
applies only to a district that applies for participation in the electronic courseprogram under Section 29.909, Education Code, as renumbered by this Act, on orafter the effective date of this Act.
Amendment No. 4 was adopted without objection.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3781
Amendment No. 5
Representatives Madden and Hochberg offered the following amendment toCSSBi1108:
Amend CSSB 1108 between the enacting clause and SECTION 1 of the bill(House Committee Printing, page 1, between lines 3 and 4), by inserting thefollowing new SECTIONS and by renumbering subsequent SECTIONS of thebill accordingly:
SECTIONi1.iiSubchapter C, Chapter 12, Education Code, is amended byadding Section 12.0521 to read as follows:
Sec.i12.0521.iiALTERNATIVE AUTHORIZATION. (a) NotwithstandingSection 12.052, in accordance with this subchapter and in the manner providedby this section, the board of trustees of a school district or the governing body ofa home-rule school district may grant a charter for:
(1)iia new district campus; or(2)iia program that is operated:
(A)iiby an entity that has entered into a contract with the districtunder Section 11.157 to provide educational services to the district through thecampus or program; and
(B)iiat a facility located in the boundaries of the district.(b)iiA student ’s parent or guardian may choose to enroll the student at a
campus or in a program under this section. A school district may not assign astudent to a campus or program under this section unless the student ’s parent orguardian has voluntarily enrolled the student at the campus or in the program. Astudent ’s parent or guardian may, at any time, remove the student from a campusor program under this section and enroll the student at the campus to which thestudent would ordinarily be assigned.
(c)iiA school district may not assign to a campus or program under thissection a teacher who has signed a written statement that the teacher does notagree to that assignment.
SECTIONi2.iiSections 12.057, 12.058, and 12.062, Education Code, areamended to read as follows:
Sec.i12.057.iiSTATUS. (a) With respect to the operation of a campus orprogram granted a charter under this subchapter, the [A] governing body of thecampus or program provided for under the charter is considered a governmentalbody for purposes of Chapters 551 and 552, Government Code.
(b)iiAn employee of a campus or program granted a charter under Section12.052, 12.0521(a)(1), or 12.053 [this subchapter] who qualifies for membershipin the Teacher Retirement System of Texas shall be covered under the system inthe same manner and to the same extent as a qualified employee employed on aregularly operating campus or in a regularly operating program is covered.
(c)iiA [The] campus or program granted a charter under Section 12.052,12.0521(a)(1), or 12.053 is immune from liability to the same extent as a schooldistrict, and its employees and volunteers are immune from liability to the sameextent as school district employees and volunteers.
Sec.i12.058.iiCHARTER POLICY. [(a)] Each school district shall adopt acampus charter and [campus] program charter policy. The policy must specify:
3782 78th LEGISLATURE — REGULAR SESSION
(1)iithe process to be followed for approval of a campus charter or a[campus] program charter;
(2)iithe statutory requirements with which a campus charter or [campus]program charter must comply; and
(3)iithe items that must be included in a charter application.[(b)iiEach school district shall adopt a campus charter and campus program
charter policy as required by this section not later than January 1, 1998.]Sec.i12.062.iiREVISION. (a) A charter granted under Section 12.052 or
12.053 [this subchapter] may be revised:(1)iiwith the approval of the board of trustees that granted the charter;
and(2)iion a petition signed by a majority of the parents and a majority of
the classroom teachers at the campus or in the program, as applicable.(b)iiA charter granted under Section 12.0521 may be revised with the
approval of the board of trustees that granted the charter. A charter may berevised under this subsection only before the first day of instruction of a schoolyear or after the final day of instruction of a school year.
CSSB 1108 - STATEMENT OF LEGISLATIVE INTENTAmendment No. 5
REPRESENTATIVE DUNNAM: Mr. Hochberg, it is my understanding you arean author of this amendment, is that correct?
REPRESENTATIVE HOCHBERG: Yes, sir. I am a co-author.
DUNNAM: And looking on page 1, line 12, it talks about a new district campus.And it is my understanding from our discussion that such a new district campusmust be located within the physical geographic boundaries of the school districtthat is granting the new district campus.
HOCHBERG: Yes, Mr. Dunnam. I don ’t believe that a district has the authorityto operate a campus outside of its own district.
DUNNAM: OK, and in drafting this, it did not put on the geographic limitationbecause it is your understanding, and it was the drafter ’s understanding, that thatis already in the law. There is no need for that. Is that correct?
HOCHBERG: That ’s my understanding. And that ’s why it was specificallymentioned in the next section on programs.
DUNNAM: And it ’s the intent of the authors of this amendment that that be thecase? That any new district campus must be within the physical geographicboundary of the school district?
HOCHBERG: Yes, sir. It is.
REMARKS ORDERED PRINTED
Representative Dunnam moved to print remarks between RepresentativeDunnam and Representative Hochberg.
The motion prevailed without objection.
Amendment No. 5 was adopted without objection.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3783
Amendment No. 6
Representative Gutierrez offered the following amendment to CSSBi1108:
Amend CSSB 1108 on page 1, between lines 10 and 11 by inserting thefollowing and renumbering subsequent SECTIONS appropriately:
SECTION 2. Subchapter A, Chapter 21, Education Code, is amended byadding Section 21.456 to read as follows:
Sec. 21.456. Training for Teachers of Students of Limited EnglishProficiency. The commissioner shall develop and make available trainingmaterials and other teacher training resources to assist teachers in developing theexpertise required to enable students of limited English proficiency meet stateperformance expectations.
SECTION 3. Section 39.024, Education Code, is amended to read asfollows:
(a) Except as otherwise provided by this subsection, the State Board ofEducation shall determine the level of performance considered to be satisfactoryon the assessment instruments. The admission, review, and dismissal committeeof a student being assessed under Section 39.023(b) shall determine the level ofperformance considered to be satisfactory on the assessment instrumentsadministered to that student in accordance with criteria established by agencyrule.
(b) Each school district shall offer an intensive program of instruction forstudents who did not perform satisfactorily on an assessment instrumentadministered under this subchapter. The intensive programs for students who didnot perform satisfactorily on an assessment instrument under Section 39.023(a),(c), or (1) shall be designed to enable those students to be performing at gradelevel at the conclusion of the next regular school term or to attain a standard ofannual growth specified by the agency and, if applicable, to carry out thepurposes of Section 28.0211. The intensive programs for students who did notperform satisfactorily on an assessment instrument under Section 39.023(b) shallbe designed by each student ’s admission, review, and dismissal committee toenable the student to attain a standard of annual growth on the basis of thestudent ’s individualized education program and, if applicable, to carry out thepurposes of Section 28.0211.
(c) The agency shall develop study guides for the assessment instrumentsadministered under Sections 39.023(a) and (c). To assist parents in providingassistance during the period that school is recessed for summer, each schooldistrict shall distribute the study guides to parents of students who do not performsatisfactorily on one or more parts of an assessment instrument administeredunder this subchapter.
(d) The agency shall develop and make available teacher training materialsand other teacher training resources to assist teachers in enabling students oflimited English proficiency meet state performance expectations. The teachertraining resources shall be designed to support intensive, individualized, andaccelerated instructional programs developed by school districts for students oflimited English proficiency.
3784 78th LEGISLATURE — REGULAR SESSION
(e) The commissioner shall retain a portion of the total amount of fundsallotted under Section 42.152(a) that the commissioner considers appropriate tofinance activities under Subsections (c) and may retain a portion for activitiesunder Subsection (d) and for intensive programs of instruction for students oflimited English proficiency offered by school districts [development anddistribution of the study guides] and shall reduce each district ’s allotmentproportionately.
Amendment No. 6 was adopted without objection.
Amendment No. 7
Representative Hochberg offered the following amendment to CSSBi1108:
Amend CSSB 1108 (House Committee Report), on page 1, betweenSECTION 2 and SECTION 3, by inserting the following new SECTION andrenumbering the remaining sections appropriately:
SECTION 3. Section 39.034(a), Education Code, is amended to read asfollows:
(a) Except as otherwise provided by this subsection, the State Board ofEducation shall determine the level of performance considered to be satisfactoryon the assessment instruments. The board may set a level of performanceconsidered to be satisfactory on the assessment instruments for purposes of theacademic excellence indicators under Section 39.051(b) that is higher than thelevel considered to be satisfactory for a student to advance from one grade levelto the next under Section 28.0211. The admission, review, and dismissalcommittee of a student being assessed under Section 39.023(b) shall determinethe level of performance considered to be satisfactory on the assessmentinstruments administered to that student in accordance with criteria established byagency rule.
Amendment No. 7 was adopted without objection.
Amendment No. 8
Representative Hochberg offered the following amendment to CSSBi1108:
Amend CSSB 1108 by adding the following new SECTION to the bill,appropriately numbered, and renumbering the subsequent SECTIONS of the billaccordingly:
SECTIONi__.iiSection 29.082(a), Education Code, is amended to read asfollows:
(a)iiA school district may set aside an amount from the district ’s allotmentunder Section 42.152 or may apply to the agency for funding of an extended yearprogram for a period not to exceed 30 instructional days for students in:
(1)iikindergarten through grade 11 [8] who are identified as likely not tobe promoted to the next grade level for the succeeding school year; or
(2)iigrade 12 who are identified as likely not to graduate from highschool before the beginning of the succeeding school year.
Amendment No. 8 was adopted without objection.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3785
Amendment No. 9
Representative Olivo offered the following amendment to CSSBi1108:
Amend CSSB 1108 by adding the following new SECTIONS to the bill,appropriately numbered, and by renumbering the subsequent SECTIONS of thebill accordingly:
SECTION ___. Section 28.0211, Education Code, is amended by amendingSubsections (a)-(e) and (i) and adding Subsection (a-1) to read as follows:
(a)iiExcept as provided by Subsection (b) or (e), a student may not bepromoted to:
(1)iithe fourth grade program to which the student would otherwise beassigned if the student does not:
(A) perform satisfactorily on the third grade reading assessmentinstrument under Section 39.023; or
(B)iimeet the alternative promotion criteria established underSubsection (a-1);
(2)iithe sixth grade program to which the student would otherwise beassigned if the student does not:
(A) perform satisfactorily on the fifth grade mathematics andreading assessment instruments under Section 39.023; or
(B)iimeet the alternative promotion criteria established underSubsection (a-1); or
(3)iithe ninth grade program to which the student would otherwise beassigned if the student does not:
(A) perform satisfactorily on the eighth grade mathematics andreading assessment instruments under Section 39.023; or
(B)iimeet the alternative promotion criteria established underSubsection (a-1).
(a-1) The alternative promotion criteria must include:(1)iithe student ’s performance on the individual assessment instruments
administered to the student under Section 39.023;(2)iithe student ’s total score on each assessment instrument specified by
Subsection (a)(1)(A), (2)(A), or (3)(A), using only the student ’s highest scores;(3)iithe student ’s overall academic performance, as evaluated by the
student ’s teacher or teachers based on evidence of satisfactory performance,including the student ’s:
(A)iigrades;(B)iiportfolios and work samples;(C)iiperformance on locally administered assessment instruments;(D)iiperformance on individual reading and mathematics diagnostic
tests or inventories; and(E)iiimprovement in performance on subsequent administrations of
an assessment instrument specified under Subsection (a); and(4)iiany extenuating circumstances that adversely affected the student ’s
performance on the specified assessment instruments or participation inaccelerated instruction.
3786 78th LEGISLATURE — REGULAR SESSION
(b)iiA school district shall provide to a student who initially fails to performsatisfactorily on an assessment instrument specified under Subsection (a) andwho fails to meet the alternative promotion criteria established under Subsection(a-1) at least two additional opportunities to take the assessment instrument. Aschool district may administer an alternate assessment instrument to a studentwho has failed an assessment instrument specified under Subsection (a) on theprevious two opportunities or has not met the alternative promotion criteriaestablished under Subsection (a-1). Notwithstanding any other provision of thissection, a student may be promoted if the student performs at grade level on analternate assessment instrument under this subsection that is appropriate for thestudent ’s grade level and approved by the commissioner.
(c)iiThe first [Each] time a student fails to perform satisfactorily on anassessment instrument specified under Subsection (a), the school district in whichthe student attends school shall establish a grade placement committee composedof the principal or the principal ’s designee, the student ’s parent or guardian, andthe teacher of the subject of an assessment instrument on which the student failedto perform satisfactorily. The district shall notify the parent or guardian of thetime and place for convening the grade placement committee and the purpose ofthe committee. The grade placement committee shall determine whether thestudent has met the alternative promotion criteria established under Subsection(a-1). If the grade placement committee determines, as provided by Subsection(e), that the student has not met the alternative promotion criteria establishedunder Subsection (a-1), the committee shall prescribe for [provide to] the studentaccelerated instruction in the applicable subject area, including readinginstruction for a student who fails to perform satisfactorily on a readingassessment instrument. After a student fails to perform satisfactorily on anassessment instrument a second time or to meet the alternative promotion criteriaestablished under Subsection (a-1), the [a grade placement] committee shall [beestablished to] prescribe [the] accelerated instruction that the district shall provideto the student before the student is administered the assessment instrument thethird time. [The grade placement committee shall be composed of the principal orthe principal ’s designee, the student ’s parent or guardian, and the teacher of thesubject of an assessment instrument on which the student failed to performsatisfactorily. The district shall notify the parent or guardian of the time and placefor convening the grade placement committee and the purpose of the committee.]An accelerated instruction group administered by a school district under thissection may not have a ratio of more than 10 students for each teacher.
(d)iiIn addition to providing accelerated instruction to a student underSubsection (c), the district shall notify the student ’s parent or guardian of:
(1)iithe student ’s failure to perform satisfactorily on the assessmentinstrument or meet the alternative promotion criteria established under Subsection(a-1);
(2)iithe accelerated instruction program to which the student is assigned;and
(3)iithe possibility that the student might be retained at the same gradelevel for the next school year.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3787
(e)iiA student who, after at least three attempts, fails to perform satisfactorily
on an assessment instrument specified under Subsection (a) and who fails to meet
the alternative promotion criteria established under Subsection (a-1) or perform
satisfactorily on an alternate assessment instrument under Subsection (b) shall be
retained at the same grade level for the next school year [in accordance with
Subsection (a). The student ’s parent or guardian may appeal the student ’sretention by submitting a request to the grade placement committee established
under Subsection (c). The school district shall give the parent or guardian written
notice of the opportunity to appeal]. The grade placement committee may decide
in favor of a student ’s retention [promotion] only if the grade placement
committee established under Subsection (c) concludes, after reviewing all the
facts and circumstances in accordance with Subsection (a-1) [using standards
adopted by the board of trustees], that even if promoted and given accelerated
instruction, the student is not likely to perform at grade level during the next
school year. A student may not be retained [promoted] on the basis of the grade
placement committee ’s decision unless that decision is unanimous. The review
and final decision of the grade placement committee must be appropriately
documented as complying with Subsection (a-1). The commissioner by rule shall
establish a time line for making the placement determination. This subsection
does not create a property interest in promotion. The decision of the grade
placement committee is final and may not be appealed.
(i)iiIf the student is an individual with a disability, as defined by 29 U.S.C.
Section 705(20), and its subsequent amendments, the committee established by
the school district in compliance with Section 504, Rehabilitation Act of 1973 (29
U.S.C. Section 794), and its subsequent amendments, shall determine whether the
student has met the alternative promotion criteria established under Subsection
(a-1). The admission, review, and dismissal committee of a student who
participates in a district ’s special education program under Subchapter B, Chapter
29, and who does not perform satisfactorily on an assessment instrument
specified under Subsection (a) and administered under Section 39.023(a) or (b)
and who does not meet the alternative promotion criteria established under
Subsection (a-1) shall determine:
(1)iithe manner in which the student will participate in an accelerated
instruction program under this section; and
(2)iiwhether the student will be promoted or retained under this section.
SECTION ___. Section 28.0211, Education Code, as amended by this Act,
applies beginning with the 2003-2004 school year.
(Marchant in the chair)
Representative Grusendorf moved to postpone consideration of CSSBi1108
until 2 p.m. tomorrow.
The motion prevailed without objection.
3788 78th LEGISLATURE — REGULAR SESSION
SB 1452 ON SECOND READING
(Harper-Brown - House Sponsor)
SB 1452, A bill to be entitled An Act relating to an offense for certain
communications between an appraisal review board member and a chief appraiser
or appraisal district employee concerning a matter related to an ad valorem tax
protest.
SB 1452 was passed to third reading.
SB 1601 ON SECOND READING
(Hartnett - House Sponsor)
SB 1601, A bill to be entitled An Act relating to unclaimed funds in class
actions.
SB 1601 was passed to third reading.
SB 1646 ON SECOND READING
(Christian - House Sponsor)
SB 1646, A bill to be entitled An Act relating to the ad valorem tax appraisal
of qualified timberland.
SB 1646 was passed to third reading.
SB 1833 ON SECOND READING
(Christian - House Sponsor)
SB 1833, A bill to be entitled An Act relating to the use of electronic means
for certain interactions between taxpayers and appraisal districts, taxing units, or
other tax officials.
SB 1833 was passed to third reading.
SB 1934 ON SECOND READING
(Seaman and Luna - House Sponsors)
SB 1934, A bill to be entitled An Act relating to the territory and the
governing body of the Port of Corpus Christi Authority of Nueces County, Texas.
SB 1934 was passed to third reading.
CSSB 45 ON SECOND READING
(Talton - House Sponsor)
CSSB 45, A bill to be entitled An Act relating to the operation of a motor
vehicle while intoxicated with a child passenger in the vehicle; providing a
penalty.
CSSB 45 was passed to third reading.
SB 86 ON SECOND READING
(Morrison - House Sponsor)
SB 86, A bill to be entitled An Act relating to the eligibility of a high school
graduate for automatic admission to an institution of higher education.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3789
Representative Keel moved to postpone consideration of SBi86 until 9 a.m.
Monday, May 26.
The motion prevailed without objection.
CSSB 144 ON SECOND READING
(Capelo, Truitt, Zedler, Naishtat, Coleman, et al. - House Sponsors)
CSSB 144, A bill to be entitled An Act relating to the requirement that
certain information be provided to health care practitioners regarding the use and
abuse of certain drugs.
Amendment No. 1
Representative Capelo offered the following amendment to CSSBi144:
Amend CSSB 144 by adding the following appropriately numbered
SECTION and renumbering the SECTIONS of the bill appropriately:
SECTIONi____.iiSubchapter D, Chapter 351, Occupations Code, is
amended by adding Sections 351.166 and 351.167 to read as follows:
Sec.i351.166.iiINFORMATION PROVIDED TO LICENSE HOLDERS.
At least once each biennium, the board shall provide to license holders
information on:
(1)iiprescribing and dispensing pain medications, with particular
emphasis on Schedule II and Schedule III controlled substances;
(2)iiabusive and addictive behavior of certain persons who use
prescription pain medications;
(3)iicommon diversion strategies employed by certain persons who use
prescription pain medications, including fraudulent prescription patterns; and
(4)iithe appropriate use of pain medications and the differences between
addiction, pseudo-addiction, tolerance, and physical dependence.
Sec.i351.167.iiPOISON CONTROL CENTER INFORMATION. The
board shall provide to license holders information regarding the services provided
by poison control centers.
Amendment No. 1 was adopted without objection.
CSSB 144, as amended, was passed to third reading.
SB 211 ON SECOND READING
(Laubenberg and Zedler - House Sponsors)
SB 211, A bill to be entitled An Act relating to the licensing and regulation
of chiropractors.
Amendment No. 1
Representative Geren offered the following amendment to SBi211:
Amend SB 211 by adding the following SECTIONS, appropriately
numbered, and renumbering the subsequent SECTIONS of the bill accordingly:
SECTION __. Section 201.312, Occupations Code, is amended to read as
follows:
3790 78th LEGISLATURE — REGULAR SESSION
Sec.i201.312.iiREGISTRATION [ACCREDITATION] OF FACILITIES. (a)The board by rule shall adopt requirements for registering [licensing andregulating] chiropractic facilities as necessary to protect the public health, safety,and welfare.
(b)iiThe rules adopted under this section must:(1)iispecify the registration [licensing] requirements for a chiropractic
facility;(2)iiprescribe the standards for the chiropractic [structure of the] facility
registration [licensing] program; [and](3)iiprovide for the issuance of a separate certificate of registration [one
facility license] to an owner of a chiropractic facility for each chiropractic facilityowned by the owner; and
(4)iiprovide for the board to send notice to an owner of a chiropracticfacility and to each chiropractor practicing in the facility of the impendingexpiration of the facility ’s certificate of registration before the expiration of thecertificate.
(c)iiThe standards adopted under Subsection (b)(2) must be consistent withindustry standards for the practice of chiropractic.
(d)iiTo register a chiropractic facility, the owner of the facility must:(1)iifile with the board a written application for registration; and(2)iipay, with the application, a registration fee in an amount set by the
board not to exceed $75.(e)iiThe board may issue a certificate of registration only to a chiropractic
facility that complies with the requirements of this section.(f)iiA certificate of registration under this section must be renewed annually.
To renew the certificate, the certificate holder shall apply to the board and pay anannual fee equal to the amount of the registration fee under Subsection (d)(2).
(g)iiA person licensed to practice chiropractic in this state is subject todisciplinary action under this chapter if the person practices chiropractic in achiropractic facility that the person knows is not registered under this section.
(h)iiAn owner of a chiropractic facility who violates this section or a ruleadopted under this section is subject to disciplinary action by the board in thesame manner as a license holder who violates this chapter or a rule adopted underthis chapter.
SECTION __. Not later than January 1, 2004, the Texas Board ofChiropractic Examiners shall adopt rules under Section 201.503, OccupationsCode, specifying the maximum amount of sanctions that may be assessed againsta chiropractor for violating Subsection (g), Section 201.312, Occupations Code,as added by this Act.
Amendment No. 1 was withdrawn.
Amendment No. 2
Representative Laubenberg offered the following amendment to SBi211:
Amend SB 211 as follows:(1)iiAdd the following appropriately numbered SECTION to the bill and
renumber the SECTIONS of the bill appropriately:
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3791
SECTION ___. Subchapter E, Chapter 351, Occupations Code, is amendedby adding Section 351.2045 to read as follows:
Sec.i351.2045.iiCONFIDENTIALITY OF INVESTIGATION FILES. (a)The board ’s investigation files are confidential, privileged, and not subject todiscovery, subpoena, or any other means of legal compulsion for release otherthan to the board or an employee or agent of the board.
(b)iiThe board shall share information in investigation files, on request, withanother state or federal regulatory agency or with a local, state, or federal lawenforcement agency regardless of whether the investigation has been completed.The board is not required to disclose under this subsection information that is anattorney-client communication, an attorney work product, or other informationprotected by a privilege recognized by the Texas Rules of Civil Procedure or theTexas Rules of Evidence.
(c)iiOn the completion of the investigation and before a hearing underSection 351.503, the board shall provide to the license holder, subject to anyother privilege or restriction set forth by rule, statute, or legal precedent, access toall information in the board ’s possession that the board intends to offer intoevidence in presenting its case in chief at the contested case hearing on thecomplaint. The board is not required to provide:
(1)iia board investigative report or memorandum;(2)iithe identity of a nontestifying complainant; or(3)iiattorney-client communications, attorney work product, or other
materials covered by a privilege recognized by the Texas Rules of CivilProcedure or the Texas Rules of Evidence.
(d)iiNotwithstanding Subsection (a), the board may:(1)iidisclose a complaint to the affected license holder; and(2)iiprovide to a complainant the license holder ’s response to the
complaint, if providing the response is considered by the board to be necessary toinvestigate the complaint.
(e)iiThis section does not prohibit the board or another party in adisciplinary action from offering into evidence in a contested case under Chapter2001, Government Code, a record, document, or other information obtained orcreated during an investigation.
(2)iiIn SECTION 4 of the bill, following Subsection (c) of that section(committee printing page 3, after line 21), insert the following:
(d)iiSection 351.2045, Occupations Code, as added by this Act, applies to acomplaint or investigation pending on the effective date of this Act or filed on orafter that date.
Amendment No. 2 was adopted without objection.
Amendment No. 3
Representative Geren offered the following amendment to SBi211:
Amend SB 211 by adding the following SECTIONS, appropriatelynumbered, and renumbering the subsequent SECTIONS of the bill accordingly:
SECTION __. Section 201.312, Occupations Code, is amended to read asfollows:
3792 78th LEGISLATURE — REGULAR SESSION
Sec.i201.312.iiREGISTRATION [ACCREDITATION] OF FACILITIES. (a)
The board by rule shall adopt requirements for registering [licensing and
regulating] chiropractic facilities as necessary to protect the public health, safety,
and welfare.
(b)iiThe rules adopted under this section must:
(1)iispecify the registration [licensing] requirements for a chiropractic
facility;
(2)iiprescribe the standards for the chiropractic [structure of the] facility
registration [licensing] program; [and]
(3)iiprovide for the issuance of a separate certificate of registration [one
facility license] to an owner of a chiropractic facility for each chiropractic facility
owned by the owner; and
(4)iiprovide for the board to send notice to an owner of a chiropractic
facility and to each chiropractor practicing in the facility of the impending
expiration of the facility ’s certificate of registration before the expiration of the
certificate.
(c)iiThe standards adopted under Subsection (b)(2) must be consistent with
industry standards for the practice of chiropractic.
(d)iiTo register a chiropractic facility, the owner of the facility must:
(1)iifile with the board a written application for registration; and
(2)iipay, with the application, a registration fee in an amount set by the
board not to exceed $75.
(e)iiThe board may issue a certificate of registration only to a chiropractic
facility that complies with the requirements of this section.
(f)iiA certificate of registration under this section must be renewed annually.
To renew the certificate, the certificate holder shall apply to the board and pay an
annual fee equal to the amount of the registration fee under Subsection (d)(2).
(g)iiA person licensed to practice chiropractic in this state is subject to
disciplinary action under this chapter if the person practices chiropractic in a
chiropractic facility that the person knows is not registered under this section.
(h)iiAn owner of a chiropractic facility who violates this section or a rule
adopted under this section is subject to disciplinary action by the board in the
same manner as a license holder who violates this chapter or a rule adopted under
this chapter.
SECTION __. Not later than January 1, 2004, the Texas Board of
Chiropractic Examiners shall adopt rules under Section 201.503, Occupations
Code, specifying the maximum amount of sanctions that may be assessed against
a chiropractor for violating Subsection (g), Section 201.312, Occupations Code,
as added by this Act.
Amendment No. 3 was adopted without objection.
SB 211, as amended, was passed to third reading.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3793
SB 333 ON SECOND READING
(Capelo, Zedler, and Coleman - House Sponsors)
SB 333, A bill to be entitled An Act relating to a chemical dependency
counselor or counselor intern.
SB 333 was passed to third reading.
CSSB 422 ON SECOND READING
(Smithee - House Sponsor)
CSSB 422, A bill to be entitled An Act relating to requirements regarding
motor vehicle insurance and proof of financial responsibility; providing penalties.
Representative Goolsby moved to postpone consideration of CSSBi422
until 4 p.m. tomorrow.
The motion prevailed without objection.
SB 443 ON SECOND READING
(Keel - House Sponsor)
SB 443, A bill to be entitled An Act relating to access to criminal history
record information concerning volunteers with certain programs providing
activities to children.
SB 443 was passed to third reading.
CSSB 473 ON SECOND READING
(Giddings - House Sponsor)
CSSB 473, A bill to be entitled An Act relating to assisting consumers to
prevent and detect identity theft; providing penalties.
Representative Giddings moved to postpone consideration of CSSBi473
until 8:30 p.m. today.
The motion prevailed without objection.
SB 478 ON SECOND READING
(Campbell - House Sponsor)
SB 478, A bill to be entitled An Act relating to disqualification for eligibility
for workers ’compensation benefits of certain persons who perform services that
benefit a political subdivision.
SB 478 was passed to third reading.
SB 529 ON SECOND READING
(McReynolds, Zedler, Naishtat, and Capelo - House Sponsors)
SB 529, A bill to be entitled An Act relating to temporarily exempting
emergency medical services personnel who serve a rural area of the state from
certain legal requirements.
SB 529 was passed to third reading.
3794 78th LEGISLATURE — REGULAR SESSION
SB 530 ON SECOND READING(McReynolds, Truitt, and Capelo - House Sponsors)
SB 530, A bill to be entitled An Act relating to performance measures forregional advisory councils in trauma service areas.
SB 530 was passed to third reading.
SB 566 ON SECOND READING(Driver - House Sponsor)
SB 566, A bill to be entitled An Act relating to the duties of lawenforcement regarding the misuse of a person ’s identity and to the person ’s rightto expunction of identifying information contained in certain records and files.
SB 566 was passed to third reading.
SB 610 ON SECOND READING(Capelo, Truitt, Naishtat, Zedler, and Coleman - House Sponsors)
SB 610, A bill to be entitled An Act relating to grants for federally qualifiedhealth centers.
Amendment No. 1
Representative King offered the following amendment to SBi610:
Amend SB 610 as follows:(1) In Section 1 of the bill, in added Section 31.017, Health and Safety Code
(House committee printing, page 1, between lines 14 and 15), insert thefollowing:
(b) The department may not make a grant under this section to a facility:(1) that engages in human cloning; or(2) for which available information shows a likelihood that the facility
will engage in human cloning.(c) In this section:
(1) "Human cloning" means the use of human somatic cell nucleartransfer technology to produce a human embryo. The term does not includescientific research in the use of nuclear transfer or other cloning techniques toproduce:
(A) molecules;(B) DNA;(C) cells other than human embryos;(D) tissues;(E) organs;(F) plants; or(G) animals other than humans.
(2) "Human embryo" means a living organism with a full or nearly fullhuman genetic composition in the earliest stages of development, including theone-cell stage.
(3) "Human somatic cell" means a cell of a developing or fullydeveloped, living or deceased, human being that is not a sperm or egg cell.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3795
(4) "Human somatic cell nuclear transfer" means the transfer of thegenetic material of a human somatic cell into a fertilized or unfertilized egg cellwhose genetic material has been removed or rendered inert.
(d) If a facility that received a grant under this section ever engages inhuman cloning, the facility shall pay the department the amount of the grant thefacility received under this section.
(2) In Section 1 of the bill, in added Section 31.017, Health and Safety Code(House committee printing, page 1, line 15), reletter added Subsection (b) asSubsection (e).
Amendment No. 1 was withdrawn.
Amendment No. 2
Representatives Solis and Escobar offered the following amendment toSBi610:
Amend SB 610 by adding the following appropriately numberedSECTIONS and renumbering subsequent SECTIONS of the bill accordingly:
SECTIONi____.iiChapter 136, Human Resources Code, is transferred toSubtitle E, Title 2, Health and Safety Code, renumbered as Chapter 112, Healthand Safety Code, and amended to read as follows:
CHAPTER 112 [136]. TEXAS COMMUNITY HEALTH CENTERREVOLVING LOAN PROGRAM [FUND]
Sec.i112.001 [136.001].iiPURPOSE. The legislature finds that:(1)iicommunity health centers play a significant role in the delivery of
medical care and related services to the residents of this state who cannot affordhealth insurance;
(2)iicommunity health centers are a cost-effective way to provideprimary and preventive health care to populations lacking quality health care byreducing hospitalizations and the inappropriate use of emergency rooms;
(3)iithe financing sources available for the capital needs of communityhealth centers, such as buildings and equipment, are inadequate; and
(4)iiincreasing community health centers ’ access to capital wouldbenefit residents of this state in poor and underserved communities andforeign-born residents who are uninsured, by providing greater access to primarycare and preventive health services and by targeting the common health problemsof these residents.
Sec.i112.002 [136.002].iiDEFINITIONS. In this chapter:(1)ii"Community health center" means a nonprofit corporation in this
state that:(A)iiprovides required primary health services, including:
(i)iibasic health services;(ii)iireferrals to providers of medical services;(iii) patient case management services;(iv)iioutreach; and(v)iipatient education; and
(B)iihas a governing board that:
3796 78th LEGISLATURE — REGULAR SESSION
(i)iiis composed of individuals, a majority of whom are being
served by the community health centers; and
(ii)iirepresents the individuals being served by the community
health center.
(2)ii["Commission" means the Health and Human Services
Commission.
[(3)]ii"Development corporation" means a nonprofit corporation that:
(A)iiprovides revolving loan funds to community health centers;
(B)iiaccepts gifts and grants;
(C)iiseeks funding from various government and private sources;
[and]
(D)iiassociates with a broad-based organization serving community
health centers; and
(E)iiis certified by the United States Department of Treasury as a
Community Development Financial Institution.
(3)i[(4)ii"Fund" means the community health center revolving loan fund
established by this chapter.
[(5)]ii"Program" means the loan program authorized by this chapter.
[Sec.i136.003.iiTRUST FUND. (a) The community health center revolving
loan fund is a trust fund outside the state treasury held by a financial institution
and administered by the commission as trustee on behalf of community health
centers in this state.
[(b)iiThe fund is composed of:
[(1)iimoney appropriated to the fund by the legislature;
[(2)iigifts or grants received from public or private sources; and
[(3)iiincome from other money in the fund.
[(c)iiThe commission may accept on behalf of the fund gifts and grants for
the use and benefit of the program.]
Sec.i112.003 [136.004].iiDEVELOPMENT CORPORATION. The
department [commission] shall [contract with and] award a grant [money] to a
development corporation to carry out the purposes of this chapter.
Sec.i112.004 [136.005].iiINVESTMENT COMMITTEE. (a) Before
awarding a grant to [contracting with] a development corporation, the department
[commission] shall require the development corporation to establish an
investment committee to approve loan requests of community health centers.
(b)iiThe investment committee must consist of seven members as follows:
(1)iiat least two members with lending experience;
(2)iiat least two members who receive health care services from a
community health center; and
(3)iiat least one member who represents the Texas Association of
Community Health Centers, Inc.
Sec.i112.005 [136.006].iiLOANS TO COMMUNITY HEALTH
CENTERS. (a) The development corporation may make a loan to a community
health center only with the approval of the investment committee.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3797
(b)iiThe development corporation shall use at least 60 percent of the moneyreceived under the program for loans to community health centers in existence forat least one year before the loan date.
(c)iiA loan made by the development corporation may be subordinated debt.(d)iiThe development corporation may make a loan under the program
through a partnership or joint investment with one or more other lenders[financial institutions] or federal or state programs.
(e)iiPayments on community health center loans shall be made to thedevelopment corporation. The development corporation shall use the loanpayment money received from community health centers to make new loans andcover the expenses of making and servicing loans under [as provided by] thischapter.
(f)iiThe development corporation may make a loan to fund a joint project oftwo or more community health centers.
[Sec. 136.007. SELF-FUNDING. The commission shall develop the fundprogram as a revolving loan fund that will become self-funding over the life ofthe program.]
Sec.i112.006 [136.008].iiINCOME FROM LOAN. All income received ona loan made with money received under the program is the property of thedevelopment corporation. Income received on a loan includes the payment ofinterest by a borrower and the administrative fees assessed by the developmentcorporation.
Sec.i112.007 [136.009].iiRULES. (a) The board [commission] shall adoptrules necessary to administer this chapter and to ensure a grant made under thischapter is used for the purposes intended by the legislature[, including rules thatrequire:
[(1)iithe commission to review the lending and servicing practices of adevelopment corporation to ensure the practices conform to generally acceptedaccounting principles;
[(2)iian eligible community health center to enter into an agreementwith the development corporation that states the terms of the loan made to thecenter;
[(3)iithe development corporation to provide to the commissionsemiannual reports giving details of the status of each loan made under theprogram;
[(4)iithe development corporation to require annual audits ofcommunity health centers receiving loans under the program; and
[(5)iithe commission to provide oversight of the developmentcorporation as necessary to qualify the development corporation for loanguarantees from federal and state programs].
(b)iiUnder rules adopted by the board [commission], the developmentcorporation may:
(1)iimake grants to eligible community health centers from money otherthan money [that is received from the fund and that was] derived from alegislative appropriation; or
3798 78th LEGISLATURE — REGULAR SESSION
(2)iiseek funds from state or federal agencies or private sources tosupplement and complement the funds received under the grant [program].
(c)iiThe board [commission] may adopt other rules as necessary toaccomplish the purposes of this chapter.
SECTIONi____.iiThe Texas Board of Health shall adopt rules necessary forthe Texas Department of Health to administer Chapter 112, Health and SafetyCode, as transferred and amended by this Act, not later than December 1, 2003.
Amendment No. 2 was adopted without objection.
SB 610, as amended, was passed to third reading.
SB 616 ON SECOND READING(Coleman, Truitt, Naishtat, Zedler, and Capelo - House Sponsors)
SB 616, A bill to be entitled An Act relating to the composition of the DrugDemand Reduction Advisory Committee.
SB 616 was passed to third reading.
SB 801 ON SECOND READING(Corte - House Sponsor)
SB 801, A bill to be entitled An Act relating to the powers and duties ofpeace officers commissioned by certain hospital districts.
SB 801 was passed to third reading.
SB 803 ON SECOND READING(Capelo and Zedler - House Sponsors)
SB 803, A bill to be entitled An Act relating to the advertisement andpromotion of certain compounded drug products by a pharmacy or pharmacist.
SB 803 was passed to third reading.
CSSB 840 ON SECOND READING(Gattis - House Sponsor)
CSSB 840, A bill to be entitled An Act relating to the authority of peaceofficers to make certain arrests outside of their jurisdictions.
CSSB 840 was passed to third reading.
SB 853 ON SECOND READING(Martinez Fischer - House Sponsor)
SB 853, A bill to be entitled An Act relating to the disclosure of certaininformation by persons offering to aid homeowners in obtaining property taxrefunds.
SB 853 was passed to third reading.
SB 930 ON SECOND READING(Hope - House Sponsor)
SB 930, A bill to be entitled An Act relating to the liability of schoolemployees.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3799
Amendment No. 1 (Committee Amendment No. 1)
On behalf of Representative King, Representative Hope offered thefollowing committee amendment to SBi930:
Amend SB 930 on page one by striking lines 7-22 and substituting thefollowing:
Sec. 22.051. DEFINITION. In this subchapter, "professional employee of aschool district" includes:
(1) a superintendent, principal, teacher, including a substitute teacher,supervisor, social worker, counselor, nurse, and teacher ’s aide employed by aschool district;
(2) a teacher employed by a company that contracts with a schooldistrict to provide the teacher ’s services to the district;
(3) a student in an education preparation program participating in afield experience or internship;
(4) a school bus driver certified in accordance with standards andqualifications adopted by the Department of Public Safety of the State of Texas;
(5) a member of the board of trustees of an independent school district;and
(6) any other person employed by a school district whose employmentrequires certification and the exercise of discretion.
Amendment No. 1 was adopted without objection.
Amendment No. 2
Representative Hope offered the following amendment to SBi930:
Amend SB 930 on page one of the bill by inserting "(a)" between"DEFINITION" and "In" and by adding subsection (b) to read as follows:
(b) The statutory immunity provided by this subchapter is in addition to anddoes not preempt the common law doctrine of official and governmentalimmunity.
Amendment No. 2 was adopted without objection.
Amendment No. 3
Representative Hope offered the following amendment to SBi930:
Amend SB 930 in SECTION 1 of the bill, by striking proposed Subsection(c), Section 22.0512, Education Code (House Committee Report, page 3, lines 14and 15), and substituting the following:
(c) This section does not prohibit a school district from:(1) enforcing a policy relating to corporal punishment; or(2) notwithstanding Subsection (a), bringing a disciplinary proceeding
against a professional employee of the district who violates the district policyrelating to corporal punishment.
Amendment No. 3 was adopted without objection.
Amendment No. 4
Representative Hope offered the following amendment to SBi930:
and then in the same section on line 12 between the words "district" and"for" insert the following:
or an individual that is entitled to any immunity and other protections
afforded under the Paul D. Coverdell Teacher Protection Act of 2001 (20 U.S.C.
section 6731 et seq) as amended
Also, strike subsection (b) of section 22.0515 entirely.
Amendment No. 4 was adopted without objection.
Amendment No. 5
Representative Hope offered the following amendment to SBi930:
Amend SB 930 in Section 1 of the bill by striking proposed section 22.0517,
Education Code (house committee report, page 4, line 25, through page 5, line 3),and substituting the following:
Sec. 22.0517. RECOVERY OF ATTORNEY ’S FEES IN ACTION
AGAINST PROFESSIONAL EMPLOYEE. In an action against a professional
employee of a school district involving an act that is incidental to or within the
scope of duties of the employee ’s position of employment and brought against the
employee in the employee ’s individual capacity, the employee is entitled to
recover attorney ’s fees and court costs from the plaintiff if the employee is found
immune from liability under this subchapter.
Amendment No. 5 was adopted without objection.
Amendment No. 6
Representative Hope offered the following amendment to SBi930:
Amend SB 930 between SECTIONS 1 and 2 of the bill (House Committee
Report, page 5, between lines 3 and 4), by inserting the following new SECTION
and by renumbering subsequent SECTIONS of the bill accordingly:
SECTION 2. Subsection (a), Section 22.052, Education Code, is amended to
read as follows:
(a) On the adoption of policies concerning the administration of medication
to students by school district employees, the school district, its board of trustees,and its employees are immune from civil liability from damages or injuries
resulting from the administration of medication to a student if:
(1) the school district has received a written request to administer the
medication from the parent, legal guardian, or other person having legal control
of the student; and
(2) when administering prescription medication, the medication is
administered either:
(A) from a container that appears to be:
(i) [in] the original container; and(ii) [to be] properly labeled; or
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3801
(B) from a properly labeled unit dosage container filled by aregistered nurse or another qualified district employee, as determined by districtpolicy, from a container described by Paragraph (A).
Amendment No. 6 was adopted without objection.
SB 930, as amended, was passed to third reading.
SB 939 ON SECOND READING(Capelo and Zedler - House Sponsors)
SB 939, A bill to be entitled An Act relating to the ratio of pharmacists topharmacy technicians in certain pharmacies.
SB 939 was passed to third reading.
CSSB 945 ON SECOND READING(Corte - House Sponsor)
CSSB 945, A bill to be entitled An Act relating to the manner of issuance of,and use of information in an application for, a driver ’s license or personalidentification certificate issued by the Department of Public Safety of the State ofTexas.
CSSB 945 - POINT OF ORDER
Representative Thompson raised a point of order against furtherconsideration of CSSB 945 under Rule 4, Section 18(a)(3) of the House Rules onthe grounds that there was an inaccuracy in the committee minutes.
The point of order was withdrawn.
Amendment No. 1
Representative Isett offered the following amendment to CSSBi945:
Amend CSSB 945 (House Committee Printing) as follows:(1)iiIn SECTION 1 of the bill, in amended Section 521.001(a),
Transportation Code, strike proposed Subdivisions (9) and (10) (page 1, lines10-15) and substitute the following:
(9)ii"Biometric identification" means an automated method ofidentifying a person based on a physiological characteristic, including facialrecognition, thumbprinting, and fingerprinting.
(10)ii"Biometric identifier" means a physiological characteristic,including a person ’s facial image, thumbprints, and fingerprints, used inbiometric identification.
(2)iiIn SECTION 4 of the bill, in proposed Section 521.058, TransportationCode, strike Subsection (a) (page 2, lines 11-14) and substitute the following:
(a)iiThe department shall establish an identification system based on thecollection of the following biometric identifiers from each applicant:
Representatives Chavez and Castro offered the following amendment toCSSBi945:
Amend CSSB 945 (House Committee Printing) as follows:(1) In SECTION 3 of the bill, in amended Section 521.044(a),
Transportation Code, between "agency" and "for" (page 2, line 7), insert "only".(2) In SECTION 6 of the bill, in amended Section 521.142(b),
Transportation Code, strike Subdivision (3) (page 3, line 12), and substitute the
following:(3) the social security number of an applicant who has been issued a
social security number from the United States Social Security Administration.
Amendment No. 2 was adopted without objection.
Amendment No. 3
Representative Chisum offered the following amendment to CSSBi945:
Amend CSSB 945, House Committee Report, on page 4 by striking lines 21through 23 and replacing with the following:
"(1) use the image to authenticate identity only in connection with the
issuance of the license, permit, or certificate; and"
Amendment No. 3 was withdrawn.
Amendment No. 4
Representative Geren offered the following amendment to CSSBi945:
Amend CSSB 945 by adding the following SECTION to the bill andrenumbering the existing SECTIONS of the bill accordingly:
SECTION _____. Subsection (a), Section 521.142, Transportation Code, isamended to read as follows:
(a) An application for an original license must state the applicant ’s full nameand place and date of birth. This information must be verified by presentation ofproof of identity satisfactory to the department. The department shall accept as
proof of the applicant ’s identity an identity document that is issued by thegovernment of another country, if that document bears the applicant ’sphotograph, full name, and date of birth and the government of the other countyhas established reasonable mechanisms by which the department can verify theidentify document. For purposes of this section, an identity document includes a
passport, a consular identity document, and a national identity document.
Amendment No. 4 was adopted without objection.
Amendment No. 5
Representative Homer offered the following amendment to CSSBi945:
Amend CSSB 945 by adding the following SECTIONS to the bill,appropriately numbered, and renumbering existing SECTIONS of the billaccordingly:
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3803
SECTION ___. Subchapter G, Chapter 521, Transportation Code, is
amended by adding Section 521.148 to read as follows:
Sec.i521.148.iiAPPLICATION FOR CLASS M DRIVER ’S LICENSE OR
AUTHORIZATION TO OPERATE A MOTORCYCLE. (a) An applicant for an
original Class M driver ’s license or Class A, B, or C driver ’s license that includesan authorization to operate a motorcycle must furnish to the department evidence
satisfactory to the department that the applicant has successfully completed a
basic motorcycle operator training course approved by the department under
Chapter 662.
(b)iiThe department may not issue an original Class M driver ’s license or
Class A, B, or C driver ’s license that includes an authorization to operate a
motorcycle to an applicant who fails to comply with Subsection (a).
SECTION ___. Subchapter C, Chapter 522, Transportation Code, is
amended by adding Section 522.034 to read as follows:
Sec.i522.034.iiAPPLICATION FOR AUTHORIZATION TO OPERATE A
MOTORCYCLE. (a) An applicant for an original commercial driver ’s license orcommercial driver learner ’s permit that includes an authorization to operate a
motorcycle must furnish to the department evidence satisfactory to the
department that the applicant has successfully completed a basic motorcycle
operator training course approved by the department under Chapter 662.
(b)iiThe department may not issue an original commercial driver ’s license orcommercial driver learner ’s permit that includes an authorization to operate a
motorcycle to an applicant who fails to comply with Subsection (a).
SECTION ___. Sections 521.148 and 522.034, Transportation Code, as
added by this Act, take effect September 1, 2003, and apply only to an
application for a driver ’s license or a commercial driver ’s license that includes anauthorization to operate a motorcycle and that is filed on or after that date. An
application for a driver ’s license or a commercial driver ’s license that includes anauthorization to operate a motorcycle and that was filed before September 1,
2003, is covered by the law in effect on the date the application was filed, and the
former law is continued in effect for that purpose.
(Wohlgemuth now present)
(Wohlgemuth in the chair)
Amendment No. 5 was withdrawn.
CSSB 945 - POINT OF ORDER
Representative Mabry raised a point of order against further consideration of
CSSB 945 under Rule 4, Section 18(a)(3) of the House Rules on the grounds that
there was an inaccuracy in the committee meeting minutes.
(Speaker in the chair)
The speaker sustained the point of order, speaking as follows:
3804 78th LEGISLATURE — REGULAR SESSION
Representative Mabry raises a point of order under Rule 4, Section 18(a)(3),in that the committee minutes reflect that the senate engrossment was reportedwithout amendments, when in fact a complete committee substitute was adoptedand reported.
The point of order is well taken and sustained.
The ruling precluded further consideration of CSSB 945.
COMMITTEE GRANTED PERMISSION TOMEET
Representative Corte requested permission for the Committee on DefenseAffairs and State-Federal Relations to meet while the house is in session.
Permission to meet was granted without objection.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Defense Affairs and State-Federal Relations, 9:05 p.m. today, speakerscommittee room, for a formal meeting, to consider SB 945.
POSTPONED BUSINESS
The following bills were laid before the house as postponed business:
CSSB 473 ON SECOND READING(Giddings - House Sponsor)
CSSB 473, A bill to be entitled An Act relating to assisting consumers toprevent and detect identity theft; providing penalties.
CSSB 473 was read second time earlier today and was postponed until8:30ip.m.
Amendment No. 1
Representative Giddings offered the following amendment to CSSBi473:
Amend CSSB 473 in SECTION 3 of the bill (House committee printing,page 8, between lines 1 and 2), by adding the following:
Sec.i20.0385.iiAPPLICABILITY OF SECURITY ALERT ANDSECURITY FREEZE. The requirement under this chapter to place a securityalert or security freeze on a consumer file does not apply to:
(1)iia check service or fraud prevention service company that issuesconsumer reports:
(A)iito prevent or investigate fraud; or(B)iifor purposes of approving or processing negotiable
instruments, electronic funds transfers, or similar methods of payment; or(2)iia deposit account information service company that issues
consumer reports related to account closures caused by fraud, substantialoverdrafts, automated teller machine abuses, or similar negative informationregarding a consumer to an inquiring financial institution for use by the financialinstitution only in reviewing a consumer request for a deposit account with thatinstitution.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3805
Amendment No. 1 was adopted without objection.
Amendment No. 2
Representative Giddings offered the following amendment to CSSBi473:
Amend CSSB 473 as follows:(1) In SECTION 6 of the bill, in proposed Section 35.58(a)(5), Business &
Commerce Code (House Committee Printing, page 10, line 19), strike "other thana form or application" and substitute "except as provided by Subsection (e)".
(2) In SECTION 6 of the bill, in proposed Section 35.58, Business &Commerce Code (House Committee Printing, page 11, between lines 15 and 16),add the following:
(e) Subsection (a)(5) does not apply to an application or form sent by mail,including a document sent:
(1) as part of an application or enrollment process;(2) to establish, amend, or terminate an account, contract, or policy; or(3) to confirm the accuracy of a social security number.
Amendment No. 2 was adopted without objection.
Amendment No. 3
Representative Hupp offered the following amendment to CSSBi473:
Amend CSSB 473 (House Committee Printing) by adding the followingappropriately numbered SECTIONS and renumbering the subsequentSECTIONS of the bill appropriately:
SECTIONi___.iiSection 1701.253, Occupations Code, is amended byadding Subsection (i) to read as follows:
(i)iiAs part of the minimum curriculum requirements, the commission shallestablish a statewide comprehensive education and training program on identitytheft under Section 32.51, Penal Code, for officers licensed under this chapter.An officer shall complete a program established under this subsection not laterthan the second anniversary of the date the officer is licensed under this chapteror the date the officer applies for an intermediate proficiency certificate,whichever date is earlier.
SECTIONi___.iiSection 1701.402, Occupations Code, is amended byadding Subsection (f) to read as follows:
(f)iiAs a requirement for an intermediate proficiency certificate, an officermust complete an education and training program on identity theft established bythe commission under Section 1701.253(i).
SECTIONi___.iiNot later than January 1, 2004, the Commission on LawEnforcement Officer Standards and Education shall establish the education andtraining programs on identity theft required under Subsection (i), Section1701.253, and Subsection (f), Section 1701.402, Occupations Code, as added bythis Act.
SECTIONi___.iiA person who, on September 1, 2003, holds anintermediate proficiency certificate issued under Section 1701.402, OccupationsCode, or has held a peace officer license issued by the Commission on LawEnforcement Officer Standards and Education for more than two years shall
3806 78th LEGISLATURE — REGULAR SESSION
complete an educational training program on identity theft established underSubsection (i), Section 1701.253, Occupations Code, as added by this Act, notlater than Septemberi1, 2005.
Amendment No. 3 was adopted without objection.
Amendment No. 4
Representative Hupp offered the following amendment to CSSBi473:
Amend CSSB 473 as follows:(1)iiIn SECTION 5 of the bill, in the introductory language (House
Committee Printing, page 9, line 10), strike "20.11 and 20.12" and substitute"20.11, 20.12, and 20.13".
(2)iiIn SECTION 5 of the bill, immediately after proposed Section 20.12,Business & Commerce Code (House Committee Printing, page 9, between lines26 and 27), add the following:
Sec.i20.13.iiVENUE. An action brought under this chapter shall be filed ina district court in Travis County or:
(1)iiin any county in which the violation occurred; or(2)iiin the county in which the victim resides, regardless of whether the
alleged violator has resided, worked, or done business in the county in which thevictim resides.
Amendment No. 4 was adopted without objection.
CSSB 473, as amended, was passed to third reading.
(F. Brown now present)
SB 1017 - VOTE RECONSIDERED
Representative Chisum moved to reconsider the vote by which SB 1017 waspassed to third reading.
A record vote was requested.
The motion to reconsider prevailed by (Record 702): 75 Yeas, 48 Nays, 1Present, not voting.
I was shown voting no on Record No. 703. I intended to vote yes.
Paxton
Amendment No. 2 was withdrawn.
SB 1017, as amended, was passed to third reading.
SB 1318 - RECOMMITTED
Representative Menendez moved to recommit SBi1318 to the Committee on
Pensions and Investments.
The motion prevailed without objection.
COMMITTEE GRANTED PERMISSION TOMEET
Representative Ritter requested permission for the Committee on Pensions
and Investments to meet while the house is in session.
Permission to meet was granted without objection.
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Pensions and Investments, 10:25 p.m. today, speakers committee room, for a
formal meeting, to consider CSSB 1318.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3809
GENERAL STATE CALENDAR(consideration continued)
CSSB 1059 ON SECOND READING(Marchant - House Sponsor)
CSSB 1059, A bill to be entitled An Act relating to corporate and businessethics and integrity.
CSSB 1059 was passed to third reading.
SB 1067 ON SECOND READING(Solomons - House Sponsor)
SB 1067, A bill to be entitled An Act relating to home equity lending andhigh-cost home loans.
SB 1067 was passed to third reading.
CSSB 1074 ON SECOND READING(Naishtat - House Sponsor)
CSSB 1074, A bill to be entitled An Act relating to reports andinvestigations of abuse and neglect in nursing facilities.
CSSB 1074 was passed to third reading.
SB 1182 ON SECOND READING(Farabee - House Sponsor)
SB 1182, A bill to be entitled An Act relating to local area service planningby local mental health or mental retardation authorities.
Amendment No. 1 (Committee Amendment No. 1)
On behalf of Representative McReynolds, Representative Farabee offeredthe following committee amendment to SBi1182:
(1) Amend SB 1182 by inserting the following new subsections (e) and (f) toread as follows:
(e) The performance agreement shall specify required standard outcomes forthe programs administered by a local authority. Performance related to theseoutcomes must be verifiable by the Department, but should include communitycenter and advocacy group input.
(f) Measures relating to outputs and units of service delivered, shall beincluded in the performance agreement, and recorded in the local authorityautomated data systems. Copies of these output/service reports shall beforwarded to the Department at least annually, as determined by the Department.
(2) Renumber the remaining subsections accordingly.
Amendment No. 2
Representative Farabee offered the following amendment to AmendmentNo.i1:
Amend Committee Amendment No. 1 to SB 1182 by striking the text of theamendment and substituting the following:
3810 78th LEGISLATURE — REGULAR SESSION
Amend SB 1182 as follows:
(1) In proposed Section 533.0354(d), Health and Safety Code, as added by
SECTION 1 of the bill (page 2, lines 18-21), strike Paragraphs (d)(2)(D) and
(d)(2)(E) and substitute the following:
(D) goals to divert consumers of services from the criminal justice
system;
(E) goals to ensure that a child with mental illness remains with the
child ’s parent or guardian as appropriate to the child ’s care; and(F) opportunities for innovation in services and service delivery.
(e) The department and the local mental health or mental retardation
authority by contract shall enter into a performance agreement that specifies
required standard outcomes for the programs administered by the local authority.
Performance related to the specified outcomes must be verifiable by the
department. The performance agreement must include measures related to the
outputs, costs, and units of service delivered. Information regarding the outputs,
costs, and units of service delivered shall be recorded in the local authority ’sautomated data systems, and reports regarding the outputs, costs, and units of
service delivered shall be submitted to the department at least annually as
provided by department rule.
(f) The department and the local mental health or mental retardation
authority shall provide an opportunity for community centers and advocacy
groups to provide information or assistance in developing the specified
performance outcomes under Subsection (e).
(2) In Subsection (b) of SECTION 2 of the bill (page 2, line 27), strike
"Subsection (c), Section 533.0354," and substitute "Sections 533.0354(c) and
(e),".
(3) In Subsection (b) of SECTION 2 of the bill (page 3, line 1), strike
"applies" and substitute "apply".
Amendment No. 2 was adopted without objection.
Amendment No. 1, as amended, was adopted without objection.
Amendment No. 3
Representatives Kolkhorst, Howard, McReynolds, and Uresti offered the
following amendment to SBi1182:
Amend SB 1182 (House Committee Printing) in Section 1 of the bill as
follows:
(1) In proposed Paragraph (B), Subdivision (1), Subsection (d), Section
533.0354, Health and Safety Code (page 2, line 7), between the semi-colon and
"and", insert:
(C) consumers of services of state schools for persons with mental
retardation, members of families of those consumers, and members of state
school volunteer services councils, if a state school is located in the local service
area of the local authority;
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3811
(2) At the beginning of proposed Paragraph (C), Subdivision (1),Subsection (d), Section 533.0354, Health and Safety Code (page 2, line 8), strike"(C)" and substitute "(D)".
(3) In proposed Paragraph (D), Subdivision (2), Subsection (d), Section533.0354, Health and Safety Code (page 2, line 19), between the semi-colon and"and", insert:
(E) opportunities for innovation to ensure that the local authority iscommunicating to all potential and incoming consumers about the availability ofservices of state schools for persons with mental retardation in the local servicearea of the local authority;
(4) At the beginning of proposed Paragraph (E), Subdivision (2),Subsection (d), Section 533.0354, Health and Safety Code (page 2, line 20),strike "(E)" and substitute "(F)".
Amendment No. 3 was adopted without objection.
Amendment No. 4
Representative B. Brown offered the following amendment to SBi1182:
Amend SB 1182 by adding the following appropriately numberedSECTION to the bill and renumbering subsequent SECTIONS accordingly:
SECTION _____. Chapter 574, Health and Safety Code, is amended byadding Subchapter I to read as follows:
SUBCHAPTER I. TESTIMONY BY CLOSED-CIRCUIT VIDEOTELECONFERENCING AT PROCEEDINGS
Sec. 574.201. APPLICATION OF SUBCHAPTER. This subchapterapplies only to a hearing or proceeding related to court-ordered mental healthservices under this chapter.
Sec. 574.202. CERTAIN TESTIMONY BY CLOSED-CIRCUIT VIDEOTELECONFERENCING PERMITTED. (a) A judge or magistrate may permit aphysician or a nonphysician mental health professional to testify at a hearing orproceeding by closed-circuit video teleconferencing if:
(1) closed-circuit video teleconferencing is available to the judge ormagistrate for that purpose;
(2) the proposed patient and the attorney representing the proposedpatient do not file with the court a written objection to the use of closed-circuitvideo teleconferencing;
(3) the closed-circuit video teleconferencing system provides for asimultaneous, compressed full-motion video and interactive communication ofimage and sound between all persons involved in the hearing; and
(4) on request of the proposed patient, the proposed patient and theproposed patient ’s attorney can communicate privately without being recorded orheard by the judge or magistrate or by the attorney representing the state.
(b) The judge or magistrate must provide written notice of the use ofclosed-circuit video teleconferencing to the proposed patient, the proposedpatient ’s attorney, and the attorney representing the state not later than the thirdday before the date of the hearing.
3812 78th LEGISLATURE — REGULAR SESSION
(c) On motion of the proposed patient or the attorney representing the stateor at the court ’s discretion, the court may terminate testimony by closed-circuitvideo teleconferencing under this section at any time during the testimony andrequire the physician or nonphysician mental health professional to testify inperson.
(d) A recording of the testimony under Subsection (a) shall be made andpreserved with the court ’s record of the hearing.
Amendment No. 4 was adopted without objection.
Amendment No. 5
Representative Uresti offered the following amendment to SBi1182:
Amend SB 1182 by inserting the following new SECTION, appropriatelynumbered, and numbering subsequent SECTIONS accordingly:
SECTION _____. Subchapter B, Chapter 531, Government Code, isamended by adding Section 531.0224 to read as follows:
Sec. 531.0224. MENTAL HEALTH AND SUBSTANCE ABUSESERVICES. (a) To ensure appropriate delivery of mental health and substanceabuse services, the commission shall regularly evaluate program contractors andsubcontractors that provide or arrange for the services for persons enrolled in:
(1) the Medicaid managed care program; and(2) the state child health plan program.
(b) The commission shall monitor:(1) penetration rates, as they relate to mental health and substance abuse
services provided by or through contractors and subcontractors;(2) utilization rates, as they relate to mental health and substance abuse
services provided by or through contactors and subcontractors; and(3) provider networks used by contractors and subcontractors to
provide mental health or substance abuse services.
Amendment No. 5 was adopted without objection.
SB 1182, as amended, was passed to third reading.
SB 1184 ON SECOND READING(J. Keffer - House Sponsor)
SB 1184, A bill to be entitled An Act relating to the enforcement ofcommercial motor vehicle safety standards.
Representative Christian moved to postpone consideration of SBi1184 until9 a.m. Monday, May 26.
The motion prevailed without objection.
CSSB 1212 ON SECOND READING(Kolkhorst - House Sponsor)
CSSB 1212, A bill to be entitled An Act relating to participation by theattorney general ’s consumer protection division and the award of civil penaltiesin an action under the Deceptive Trade Practices-Consumer Protection Act.
CSSB 1212 was passed to third reading.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3813
SB 1226 ON SECOND READING(Capelo, Zedler, and Coleman - House Sponsors)
SB 1226, A bill to be entitled An Act relating to the allocation of kidneysavailable for transplant in this state.
SB 1226 was passed to third reading.
SB 1272 ON SECOND READING(Flores - House Sponsor)
SB 1272, A bill to be entitled An Act relating to the permitting process forthe construction of certain concrete plants.
Amendment No. 1
Representative Callegari offered the following amendment to SBi1272:
Amend SB 1272 as follows:(1)iiIn SECTION 3 of the bill, following proposed Section
382.05198(a)(17), Health and Safety Code (House Committee Printing page 4,line 19), strike "and".
(2)iiIn SECTION 3 of the bill, in proposed Section 382.05198(a)(18),Health and Safety Code, between "line" and the underlined period (HouseCommittee Printing page 4, line 23), insert the following:; and
(19)iithe central baghouse must be located at least 440 yards from anybuilding used as a single or multifamily residence, school, or place of worship atthe time the application to use the permit is filed with the commission if the plantis located in:
(A)iian area that is not subject to municipal zoning regulations; and(B)iia county with a population of at least one million
Amendment No. 1 was adopted without objection.
Amendment No. 2
Representative Puente offered the following amendment to SBi1272:
Amend SB 1272 (House Committee Printing) by adding the followingSECTION, appropriately numbered, and renumbering the subsequentSECTIONS of the bill accordingly:
SECTIONi__.ii(a)iiThe siting, location, and operation of a facility, asdefined by Section 382.003, Health and Safety Code, for which an application fora permit to construct the facility is pending with the Texas Commission onEnvironmental Quality on the effective date of this Act are governed by Chapter382, Health and Safety Code, as that chapter existed on the date the applicationwas filed.
(b)iiThis section prevails over any conflicting Act of the 78th Legislature,Regular Session, 2003, regardless of the relative dates of enactment.
Amendment No. 2 was adopted without objection.
SB 1272, as amended, was passed to third reading.
3814 78th LEGISLATURE — REGULAR SESSION
CSSB 1320 ON SECOND READING(Capelo, Truitt, Naishtat, and Coleman - House Sponsors)
CSSB 1320, A bill to be entitled An Act relating to certain advancedirectives for medical treatment and medical treatment decisions.
Representative Capelo moved to postpone consideration of CSSBi1320 until10 a.m. Monday, May 26.
The motion prevailed without objection.
CSSB 1704 ON SECOND READING(Phillips and Edwards - House Sponsors)
CSSB 1704, A bill to be entitled An Act relating to the registration ofcertain vehicles and the issuance of specially designed license plates by the TexasDepartment of Transportation; providing penalties.
Representative Phillips moved to postpone consideration of CSSBi1704until 2 p.m. tomorrow.
The motion prevailed without objection.
SB 1744 ON SECOND READING(Uresti - House Sponsor)
SB 1744, A bill to be entitled An Act relating to a fee for preserving vitalstatistics records.
SB 1744 was passed to third reading.
SB 1835 ON SECOND READING(Eissler - House Sponsor)
SB 1835, A bill to be entitled An Act relating to testing for communicablediseases certain people who are arrested.
SB 1835 failed to pass to third reading.
(Heflin and Luna now present)
SB 1896 ON SECOND READING(Talton - House Sponsor)
SB 1896, A bill to be entitled An Act relating to the authority of a peaceofficer to make a warrantless arrest when a person confesses to committing afelony.
SB 1896 - STATEMENT OF LEGISLATIVE INTENT
REPRESENTATIVE WILSON: Mr. Talton, does the bill require that theconfession be made in front of one officer, two officers, three officers?
REPRESENTATIVE TALTON: It said to a peace officer. And that ’s all I thinkthat ’s required in our Code of Criminal Procedure at this time.WILSON: So, under your bill, one peace officer could determine that theindividual has made a confession and then make a warrantless arrest? Is thatcorrect?
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3815
TALTON: They could, but that ’s a confession that ’s taken under our Code ofCriminal Procedure that we presently have. And all we are trying to do is savetime to where––that you let someone go that ’s confessed to a felony. And thenyou have to get a warrant, and then you have to go find him again. We ’re tryingto make it a little more streamlined. It just doesn ’t seem proper.
WILSON: I ’ll grant you that the intentions of your bill are good. The question Ihave, though, is that if you only require one peace officer to determine that aconfession is made, then it ’s that peace officer ’s word against the individualthey ’ve arrested.TALTON: Well, but when they do that though, don ’t––and I haven ’t looked atthe Code of Criminal Procedure in a while regarding it. But don ’t they have totake them for their warnings before an officer, at least in––I mean, in front of amagistrate, at least in Harris County we do, whenever you make an arrest. Imean, they have to give him his warnings and it doesn ’t say under our presentCode of Criminal Procedure. Only one officer can do that now. So, I mean, I ’mnot messing with whatever the law is today on confessions. All I ’m sayingis––trying to streamline the system where that, if a person has confessed to afelony, and he ’s made it to an admissible confession, then that officer can make awarrantless arrest instead of for some phony reason keeping him in the policestation.
WILSON: But once the person makes the confession, that gives the officerprobable cause to take them into custody now. So I am trying to see where youare going with the bill.
TALTON: Presently, under the law, if you ’ll look at it, under Article 1403, youcan ’t do that.WILSON: It ’s done all the time. Sure you can.TALTON: Not if they didn ’t see the felony. This is when a person comes in andmakes a confession of a statement.
WILSON: But are you requiring, Robert––are you requiring that the confessionat least be recorded?
TALTON: Under the present law on the confession, if you do a recording, underI think it is 3822––when you make that, you have to give them their warnings.That has to be on the tape. And then you have to do the confession.
WILSON: OK. It is your intention then, for a peace officer to avail himself ofthe provisions of your bill, the confession has to be recorded? Is that correct?
TALTON: No. It does not have to be recorded. That is one way to do it, aconfession. You ’ve got two ways to do a confession. You either do a recording,or you can go in and make a written, typed-up statement. Which is done,probably daily, in the big police departments.
WILSON: And the statement has to be signed, does it not?
TALTON: Yes, by the person.
3816 78th LEGISLATURE — REGULAR SESSION
WILSON: OK, so those are the only two instances, then, that you are at least
trying to address with your bill?
TALTON: Yes
WILSON: OK. I just want to make sure that we don ’t allow under your bill, for
an officer to stop someone on 12th Street and then say later, well he confessed to
robbing a house. And then you get the person downtown and they ’re saying, "Inever made a confession." And there is no record of anything. And you ’ve gottheir word against the officer ’s word.TALTON: Right. That ’s why they have in there that it would be admissible
against a person under Article 3821 and establishes probable cause. That ’swhat ’s in the bill.
REMARKS ORDERED PRINTED
Representative Wilson moved to print remarks between Representative
Wilson and Representative Talton.
The motion prevailed without objection.
SB 1896 was passed to third reading. (Thompson recorded voting no)
RESOLUTIONS CALENDAR
The following resolutions were laid before the house on committee report:
HCR 58
(by Delisi)
HCR 58, Urging Congress to enact legislation to pass federal funds on to
states via block grants for public welfare and Medicaid purposes.
Representative Delisi moved to postpone consideration of HCRi58 until
2ip.m. tomorrow.
The motion prevailed without objection.
HCR 206
(by Bonnen and Capelo)
HCR 206, Directing the TCEQ to implement changes adopted by EPA in
2002 relating to the review of sources of air contaminants.
HCR 206 was adopted.
SB 280 - REQUEST OF SENATE GRANTED
CONFERENCE COMMITTEE APPOINTED
On motion of Representative Solomons, the house granted the request of the
senate for the appointment of a conference committee on SB 280.
The chair announced the appointment of the following conference
committee, on the part of the house, on SB 280: Solomons, chair; J. Keffer;
Chavez; Phillips; and Woolley.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3817
HB 3028 - HOUSE CONCURS IN SENATE AMENDMENTSTEXT OF SENATE AMENDMENTS
Representative J. Moreno called up with senate amendments forconsideration at this time,
HB 3028, A bill to be entitled An Act relating to certain purchasingcontracts of certain navigation districts and port authorities.
On motion of Representative J. Moreno, the house concurred in the senateamendments to HB 3028 by (Record 704): 114 Yeas, 0 Nays, 3 Present, notvoting.
When Record No. 704 was taken, I was in the house but away from mydesk. I would have voted yes.
Rose
Senate Committee Substitute
HB 3028, A bill to be entitled An Act relating to certain purchasingcontracts of certain navigation districts and port authorities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:SECTIONi1.iiChapter 60, Water Code, is amended by adding Subchapter O
to read as follows:SUBCHAPTER O. PURCHASE CONTRACTS
Sec.i60.451.iiDEFINITIONS. In this subchapter:
3818 78th LEGISLATURE — REGULAR SESSION
(1)ii"Architect" has the meaning assigned by Section 1051.001,Occupations Code.
(2)ii"Contractor" in the context of a contract for the construction,rehabilitation, alteration, or repair of a facility means a sole proprietorship,partnership, corporation, or other legal entity that assumes the risk forconstructing, rehabilitating, altering, or repairing all or part of the facility at thecontracted price.
(3)ii"Construction manager-agent" means a sole proprietorship,partnership, corporation, or other legal entity that provides consultation to thedistrict regarding construction, rehabilitation, alteration, or repair of a facility.
(4)ii"Construction manager-at-risk" means a sole proprietorship,partnership, corporation, or other legal entity that assumes the risk forconstruction, rehabilitation, alteration, or repair of a facility at the contractedprice as a general contractor and provides consultation to the district regardingconstruction during and after the design of the facility.
(5)ii"Design-build contract" means a single contract with a design-buildfirm for the design and construction of a facility.
(6)ii"Design-build firm" means a partnership, corporation, or other legalentity or team that includes an engineer or architect and builder qualified toengage in building construction in Texas.
(7)ii"Design criteria package" means a set of documents prepared by adistrict that provides sufficient information to permit a design-build firm toprepare a response to a district ’s request for qualifications and any additionalinformation requested, including criteria for selection. The design criteriapackage must specify criteria the district considers necessary to describe theproject and may include, as appropriate:
(A)iithe legal description of the site;(B)iisurvey information concerning the site;(C)iiinterior space requirements;(D)iispecial material requirements;(E)iimaterial quality standards;(F)iiconceptual criteria for the project;(G)iispecial equipment requirements;(H)iicost or budget estimates;(I)iitime schedules;(J)iiquality assurance and quality control requirements;(K)iisite development requirements;(L)iiapplicable codes and ordinances;(M)iiprovisions for utilities;(N)iigeotechnical baseline reports;(O)iiparking requirements; or(P)iiany other requirements, as applicable.
(8)ii"District" means a navigation district or port authority created oroperating under Section 52, Article III, or Section 59, Article XVI, TexasConstitution.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3819
(9)ii"Engineer" has the meaning assigned by Section 1001.002,Occupations Code.
(10)ii"Facility" means real property, including buildings, associatedstructures, utilities, docks, wharves, channels, dredge material placement areas,marine terminal improvements, railroads on or adjacent to the marine terminal,roads and bridges on or adjacent to the marine terminal, and improved orunimproved land. The term also includes roads or bridges that are incidental to alarger project.
(11)ii"Fee" in the context of a contract for the construction,rehabilitation, alteration, or repair of a facility means the payment a constructionmanager-agent or construction manager-at-risk receives for the manager ’soverhead and profit in performing the manager ’s services.
(12)ii"General conditions" in the context of a contract for theconstruction, rehabilitation, alteration, or repair of a facility means on-sitemanagement, administrative personnel, insurance, bonds, equipment, utilities,and incidental work, including minor field labor and materials.
Sec.i60.452.iiAPPLICABILITY OF SUBCHAPTER; OTHER LAW. (a)This subchapter does not apply to a contract solely for professional servicesrendered, including services of an architect, attorney, or fiscal agent.
(b)iiIf a district elects to make a procurement under this subchapter, thissubchapter prevails over any other law relating to a purchase contract for goodsand services by the district that is in conflict with or inconsistent with thissubchapter.
Sec.i60.453.iiAUTHORITY TO ADOPT RULES. The commission of adistrict may adopt rules and procedures for the acquisition of goods or services.
Sec.i60.454.iiPURCHASING CONTRACT METHODS. Notwithstandingany other provision of this chapter or other law, a district contract valued at$25,000 or more in the aggregate for each 12-month period may be made by themethod below that, in the opinion of the district ’s commission, provides the bestvalue for the district:
(1)iia design-build contract to construct, rehabilitate, alter, or repairfacilities;
(2)iia contract to construct, rehabilitate, alter, or repair facilities thatinvolves using a construction manager-agent or construction manager-at-risk;
(3)iicompetitive sealed proposals;(4)iia job order contract for the construction, repair, rehabilitation, or
alteration of a facility;(5)iia request for proposals, if the contract is for services other than
construction services;(6)iicompetitive sealed bids;(7)iia catalog purchase as provided by Subchapter B, Chapter 2157,
Government Code;(8)iian interlocal contract as provided by Chapter 791, Government
Code; or(9)iithe reverse auction procedure as defined by Section 2155.062(d),
Government Code.
3820 78th LEGISLATURE — REGULAR SESSION
Sec.i60.455.iiRIGHT TO REJECT ALL BIDS. A district that requests bids
or proposals under any of the methods provided by this subchapter may reject
any and all bids or proposals submitted.
Sec.i60.456.iiNOTICE REQUIREMENTS. For a contract entered into by a
district under any of the methods provided by this subchapter, the district shall
publish notice of the time and place the bids or proposals, or the responses to a
request for qualifications, will be received and opened. The notice must be
published in a newspaper of general circulation in each county in which the
district is located once each week for two consecutive weeks before the deadline
for receiving bids, proposals, or responses. If there is not a newspaper of general
circulation in any county in which the district is located, the notice shall be
published in a newspaper of general circulation in the county nearest the county
seat of the county in which the district is located or the county in which the
greatest amount of the district ’s territory is located. In a two-step procurement
process, the time and place the second-step bids, proposals, or responses will be
received are not required to be published separately.
Sec.i60.457.iiDELEGATION. (a) The commission of a district may, as it
considers appropriate, delegate its authority under this subchapter regarding an
action authorized or required by this subchapter to be taken by a district to a
designated person, representative, or committee. In procuring construction
services, the district shall provide notice of the delegation and the limits of the
delegation in the request for bids, proposals, or qualifications, or in an addendum
to the request. If the district fails to provide that notice, a ranking, selection, or
evaluation of bids, proposals, or qualifications for construction services other
than by the commission in an open meeting is advisory only.
(b)iiA commission may not delegate the authority to act regarding an action
authorized or required by this subchapter to be taken by the commission of a
district.
Sec.i60.458.iiPURCHASE CONTRACT AWARD CRITERIA. Except as
provided by this subchapter, in determining to whom to award a contract, the
district may consider:
(1)iithe purchase price;
(2)iithe reputation of the vendor and of the vendor ’s goods or services;(3)iithe quality of the vendor ’s goods or services;(4)iithe extent to which the goods or services meet the district ’s needs;(5)iithe vendor ’s past relationship with the district;(6)iithe impact on the ability of the district to comply with laws and
rules relating to historically underutilized businesses, the district ’s small businessdevelopment program, or another contracting program approved by the district, if
any;
(7)iithe total long-term cost to the district to acquire the vendor ’s goodsor services; and
(8)iiany other relevant factor specifically listed in the request for bids or
proposals.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3821
Sec.i60.459.iiEVALUATION OF BIDS AND PROPOSALS FOR
CONSTRUCTION SERVICES. (a) The commission of a district that is
considering a construction contract using a method specified by Section 60.454
must, before advertising, determine which method provides the best value for the
district.
(b)iiThe district shall base its selection among offerors on criteria authorized
to be used under Section 60.458. The district shall publish in the request for bids,
proposals, or qualifications the specific criteria that will be used to evaluate the
offerors and the relative weights given to the criteria.
(c)iiThe district shall document the basis of its selection and shall make the
evaluations public not later than the seventh day after the date of the award of the
contract.
Sec.i60.460.iiDESIGN-BUILD CONTRACTS FOR FACILITIES. (a) A
district may award a design-build contract for the construction, rehabilitation,
alteration, or repair of a facility provided that the contracting district and the
design-build firm follow the procedures provided by this section.
(b)iiThe district shall designate an engineer or architect independent of the
design-build firm to act as its representative for the duration of the work on the
facility. If the district ’s engineer or architect is not a full-time employee of the
district, the district shall select the engineer or architect as provided by Section
2254.004, Government Code.
(c)iiThe district shall prepare a request for qualifications that includes
general information on the project site, project scope, budget, special systems,
selection criteria, and other information that may assist potential design-build
firms in submitting proposals for the project. The district shall also prepare a
design criteria package that includes more detailed information on the project. If
the preparation of the design criteria package requires engineering or architectural
services that constitute the practice of engineering within the meaning of Chapter
1001, Occupations Code, or the practice of architecture within the meaning of
Chapter 1051, Occupations Code, those services shall be provided in accordance
with the applicable law. An engineer shall have responsibility for compliance
with the engineering design requirements and all other applicable requirements of
Chapter 1001, Occupations Code. An architect shall have responsibility for
compliance with the requirements of Chapter 1051, Occupations Code.
(d)iiThe district shall evaluate statements of qualifications and select a
design-build firm in two phases:
(1)iiIn phase one, the district shall prepare a request for qualifications
and evaluate each offeror ’s experience, technical competence, and capability to
perform, the past performance of the offeror ’s team and members of the team, and
other appropriate factors submitted by the team or firm in response to the request
for qualifications, except that cost-related or price-related evaluation factors are
not permitted. Each offeror must certify to the district that each engineer or
architect who is a member of its team was selected based on demonstrated
competence and qualifications, in the manner provided by Section 2254.004,
3822 78th LEGISLATURE — REGULAR SESSION
Government Code. The district shall qualify a maximum of five offerors to
submit additional information and, if the district chooses, to interview for final
selection.
(2)iiIn phase two, the district shall evaluate the information submitted
by the offerors on the basis of the selection criteria stated in the request for
qualifications and the results of any interview. The district may request additional
information regarding demonstrated competence and qualifications,
considerations of the safety and long-term durability of the project, the feasibility
of implementing the project as proposed, the ability of the offeror to meet
schedules, costing methodology, construction cost, engineering and architectural
design, or other factors as appropriate. The district shall rank each proposal
submitted on the basis of the criteria set forth in the request for qualifications.
The district shall select the design-build firm that submits the proposal offering
the best value for the district on the basis of the published selection criteria and
on its ranking evaluations. The district shall first attempt to negotiate a contract
with the selected offeror. If the district is unable to negotiate a satisfactory
contract with the selected offeror, the district shall, formally and in writing, end
negotiations with that offeror and proceed to negotiate with the next offeror in the
order of the selection ranking until a contract is reached or negotiations with all
ranked offerors end.
(e)iiFollowing selection of a design-build firm under Subsection (d), that
firm ’s engineers or architects shall complete the design, submitting all design
elements for review and determination of scope compliance to the district or the
district ’s engineer or architect before or concurrently with construction.(f)iiThe district shall provide or contract for, independently of the
design-build firm, the inspection services, the testing of construction materials,
and the verification testing services necessary for acceptance of the facility by the
district. The district shall select those services for which it contracts in accordance
with Section 2254.004, Government Code.
(g)iiThe design-build firm shall supply a signed and sealed set of as-built
construction documents for the project to the district at the conclusion of
construction.
(h)iiA payment or performance bond is not required for, and may not
provide coverage for, the portion of a design-build contract under this subchapter
that includes design services only. If a fixed contract amount or guaranteed
maximum price has not been determined at the time a design-build contract is
awarded, the penal sums of the performance and payment bonds delivered to the
district must each be in an amount equal to the project budget, as specified in the
design criteria package. The design-build firm shall deliver the bonds not later
than the 10th day after the date the design-build firm executes the contract unless
the design-build firm furnishes a bid bond or other financial security acceptable
to the district to ensure that the design-build firm will furnish the required
performance and payment bonds when a guaranteed maximum price is
established.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3823
(i)iiThe district shall pay an unsuccessful design-build firm that submits aresponse to the district ’s request for additional information on engineering orarchitectural design under Subsection (d)(2) the stipulated amount of up toone-half of one percent of the final contract price for any reasonable costsincurred in preparing that proposal. After payment of the stipulated amount, thedistrict may make use of any design contained in the proposal, including thetechnologies, techniques, methods, processes, and information contained in thedesign. The use by the district of any design element contained in an unsuccessfulproposal is at the sole risk and discretion of the district and does not conferliability on the recipient of the stipulated amount under this section. Themethodology for computing the stipulated amount must be stated in the requestfor additional information under Subsection (d)(2).
(j)iiThe district may use a design-build firm to assist the district in obtaininga permit necessary for a facility, but the district is responsible for obtaining thepermit.
(k)iiA successful design-build firm shall not be eligible for anotherdesign-build contract with the district for a period of 12 months after the date thesuccessful design-build firm ’s contract has been completed if:
(1)iithe successful design-build firm ’s contract value exceeds $5million; or
(2)iithe design-build firm is awarded design-build contracts by a districtthat total more than $5 million in a 12-month period.
Sec.i60.461.iiCONTRACTS FOR FACILITIES: CONSTRUCTIONMANAGER-AGENT. (a) A district may award a contract to a constructionmanager-agent for the construction, rehabilitation, alteration, or repair of a facilityprovided that the construction manager-agent and the district follow theprocedures prescribed by this section.
(b)iiA district may, under the contract between the district and theconstruction manager-agent, require the construction manager-agent to provideadministrative personnel, equipment necessary to perform duties under thissection, and on-site management and other services specified in the contract. Aconstruction manager-agent represents the district in a fiduciary capacity.
(c)iiBefore or concurrently with selecting a construction manager-agent, thedistrict shall select or designate an engineer or architect who shall prepare theconstruction documents for the project and who has full responsibility forcomplying with Chapter 1001 or 1051, Occupations Code, as applicable. If theengineer or architect is not a full-time employee of the district, the district shallselect the engineer or architect as provided by Section 2254.004, GovernmentCode. The district ’s engineer or architect may not serve, alone or in combinationwith another person, as the construction manager-agent unless the engineer orarchitect is hired to serve as the construction manager-agent under a separate orconcurrent procurement conducted in accordance with this subchapter. Thissubsection does not prohibit the district ’s engineer or architect from providingcustomary construction phase services under the engineer ’s or architect ’s originalprofessional service agreement in accordance with applicable laws.
3824 78th LEGISLATURE — REGULAR SESSION
(d)iiA district shall select a construction manager-agent on the basis of
demonstrated competence and qualifications in the same manner as provided for
the selection of engineers or architects under Section 2254.004, Government
Code.
(e)iiA district contracting with a construction manager-agent shall procure,
in accordance with applicable law, and in any manner authorized by this chapter,
a general contractor, trade contractors, or subcontractors who will serve as the
prime contractor for their specific portion of the work.
(f)iiThe district or the construction manager-agent shall procure in
accordance with Section 2254.004, Government Code, and in any manner
authorized by this chapter, all of the testing of construction materials, the
inspection services, and the verification testing services necessary for acceptance
of the facility by the district.
Sec.i60.462.iiCONTRACTS FOR FACILITIES: CONSTRUCTION
MANAGER-AT-RISK. (a) A district may award a contract to a construction
manager-at-risk for the construction, rehabilitation, alteration, or repair of a
facility provided that the construction manager-at-risk and the district follow the
procedures prescribed by this section.
(b)iiBefore or concurrently with selecting a construction manager-at-risk, the
district shall select or designate an engineer or architect who shall prepare the
construction documents for the project and who has full responsibility for
complying with Chapter 1001 or 1051, Occupations Code, as applicable. If the
engineer or architect is not a full-time employee of the district, the district shall
select the engineer or architect in accordance with Section 2254.004, Government
Code. The district ’s engineer, architect, or construction manager-agent for a
project may not serve, alone or in combination with another, as the construction
manager-at-risk.
(c)iiThe district shall provide or contract for, independently of the
construction manager-at-risk, the inspection services, the testing of construction
materials, and the verification testing services necessary for acceptance of the
facility by the district. The district shall select those services for which it
contracts in accordance with Section 2254.004, Government Code.
(d)iiThe district shall select the construction manager-at-risk in either a
one-step or two-step process. The district shall prepare a request for proposals, in
the case of a one-step process, or a request for qualifications, in the case of a
two-step process, that includes general information on the project site, project
scope, schedule, selection criteria, and estimated budget, the time and place for
receipt of proposals or qualifications, as applicable, a statement as to whether the
selection process is a one-step or two-step process, and other information that
may assist the district in its selection of a construction manager-at-risk. The
district shall state the selection criteria in the request for proposals or
qualifications, as applicable. The selection criteria may include the offeror ’sexperience, past performance, safety record, proposed personnel and
methodology, and other appropriate factors that demonstrate the capability of the
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3825
construction manager-at-risk. If a one-step process is used, the district may
request, as part of the offeror ’s proposal, proposed fees and prices for fulfilling
the general conditions.
(e)iiIf a two-step process is used, the district may not request fees or prices
in step one. In step two, the district may request that five or fewer offerors,
selected solely on the basis of qualifications, provide additional information,
including the construction manager-at-risk ’s proposed fee and its price for
fulfilling the general conditions.
(f)iiAt each step, the district shall receive, publicly open, and read aloud the
names of the offerors. At the appropriate step, the district shall also read aloud the
fees and prices, if any, stated in each proposal as the proposal is opened. Not later
than the 45th day after the date of opening the proposals, the district shall
evaluate and rank each proposal submitted in relation to the criteria set forth in
the request for proposals.
(g)iiThe district shall select the offeror that submits the proposal that offers
the best value for the district based on the published selection criteria and on its
ranking evaluation. The district shall first attempt to negotiate a contract with the
selected offeror. If the district is unable to negotiate a satisfactory contract with
the selected offeror, the district shall, formally and in writing, end negotiations
with that offeror and proceed to negotiate with the next offeror in the order of the
selection ranking until a contract is reached or negotiations with all ranked
offerors end.
(h)iiIf a fixed contract amount or guaranteed maximum price has not been
determined at the time the contract is awarded, the penal sums of the performance
and payment bonds delivered to the district must each be in an amount equal to
the project budget, as specified in the request for proposals or qualifications. The
construction manager-at-risk shall deliver the bonds not later than the 10th day
after the date the construction manager-at-risk executes the contract unless the
construction manager-at-risk furnishes a bid bond or other financial security
acceptable to the district to ensure that the construction manager-at-risk will
furnish the required performance and payment bonds when a guaranteed
maximum price is established.
Sec.i60.463.iiSELECTING CONTRACTOR FOR CONSTRUCTION
SERVICES THROUGH COMPETITIVE SEALED PROPOSALS. (a) In
selecting a contractor for construction, rehabilitation, alteration, or repair services
for a facility through competitive sealed proposals, a district shall follow the
procedures prescribed by this section.
(b)iiThe district shall select or designate an engineer or architect to prepare
construction documents for the project. The selected or designated engineer or
architect has full responsibility for complying with Chapter 1001 or 1051,
Occupations Code, as applicable. If the engineer or architect is not a full-time
employee of the district, the district shall select the engineer or architect as
provided by Section 2254.004, Government Code.
3826 78th LEGISLATURE — REGULAR SESSION
(c)iiThe district shall provide or contract for, independently of the contractor,the inspection services, the testing of construction materials, and the verificationtesting services necessary for acceptance of the facility by the district. The districtshall select those services for which it contracts in accordance with Section2254.004, Government Code, and shall identify them in the request for proposals.
(d)iiThe district shall prepare a request for competitive sealed proposals thatincludes construction documents, selection criteria, estimated budget, projectscope, schedule, and other information that contractors may require to respond tothe request. The district shall state in the request for proposals the selectioncriteria that will be used in selecting the successful offeror.
(e)iiThe district shall receive, publicly open, and read aloud the names of theofferors and, if any are required to be stated, all prices stated in each proposal.Not later than the 45th day after the date of opening the proposals, the districtshall evaluate and rank each proposal submitted in relation to the publishedselection criteria.
(f)iiThe district shall select the offeror that offers the best value for thedistrict based on the published selection criteria and on its ranking evaluation.The district shall first attempt to negotiate a contract with the selected offeror. Thedistrict and its engineer or architect may discuss with the selected offeror optionsfor a scope or time modification and any price change associated with themodification. If the district is unable to negotiate a contract with the selectedofferor, the district shall, formally and in writing, end negotiations with thatofferor and proceed to the next offeror in the order of the selection ranking until acontract is reached or all proposals are rejected.
(g)iiIn determining best value for the district, the district is not restricted toconsidering price alone, but may consider any other factor stated in the selectioncriteria.
Sec. i60.464.i iJOB ORDER CONTRACTS FOR FACILITIESCONSTRUCTION OR REPAIR. (a) A district may award job order contracts forthe construction, repair, rehabilitation, or alteration of a facility if the work is of arecurring nature but the delivery times are indefinite and indefinite quantities andorders are awarded substantially on the basis of predescribed and prepriced tasks.
(b)iiThe district may establish contractual unit prices for a job order contractby:
(1)iispecifying one or more published construction unit price books andthe applicable divisions or line items; or
(2)iiproviding a list of work items and requiring the offerors to bid orpropose one or more coefficients or multipliers to be applied to the price book orwork items as the price proposal.
(c)iiThe district shall advertise for, receive, and publicly open sealedproposals for job order contracts.
(d)iiThe district may require offerors to submit, in addition to information onrates, other information, including experience, past performance, and proposedpersonnel and methodology.
(e)iiThe district may award job order contracts to one or more job ordercontractors in connection with each solicitation of bids or proposals.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3827
(f)iiAn order for a job or project under the job order contract must be signedby the district ’s representative and the contractor. The order may be a fixed price,lump-sum contract based substantially on contractual unit pricing applied toestimated quantities or may be a unit price order based on the quantities and lineitems delivered.
(g)iiThe contractor shall provide payment and performance bonds, ifrequired by law, based on the amount or estimated amount of any order.
(h)iiThe base term of a job order contract is for the period and with anyrenewal options that the district sets forth in the request for proposals. If thedistrict fails to advertise that term, the base term may not exceed two years and isnot renewable without further advertisement and solicitation of proposals.
(i)iiIf a job order contract or an order issued under the contract requiresengineering or architectural services that constitute the practice of engineeringwithin the meaning of Chapter 1001, Occupations Code, or the practice ofarchitecture within the meaning of Chapter 1051, Occupations Code, thoseservices shall be provided in accordance with applicable law.
Sec.i60.465.iiEXPIRATION. This subchapter expires September 1, 2013.SECTIONi2.iiSection 60.4125(b), Water Code, is repealed.SECTIONi3.iiThe changes in law made by this Act apply only to a contract
for which requests for bids, requests for proposals, or requests for qualificationsare published or distributed after the effective date of this Act.
SECTIONi4.iiThis Act takes effect June 1, 2003, if it receives a vote oftwo-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 foreffect on that date, this Act takes effect September 1, 2003.
HB 623 - HOUSE CONCURS IN SENATE AMENDMENTSTEXT OF SENATE AMENDMENTS
Representative Goolsby called up with senate amendments for considerationat this time,
HB 623, A bill to be entitled An Act relating to the regulation of motorvehicle title services.
On motion of Representative Goolsby, the house concurred in the senateamendments to HB 623.
Amend HJR 59 in SECTION 2 of the joint resolution (Senate committeeprinting, page 1, line 20), by striking "Novemberi4" and substituting"Septemberi13".
HJR 62 - HOUSE CONCURS IN SENATE AMENDMENTSTEXT OF SENATE AMENDMENTS
Representative Truitt called up with senate amendments for consideration atthis time,
HJR 62, A joint resolution proposing a constitutional amendmentauthorizing the legislature to permit a person to take office without an election ifthe person is the only candidate to qualify in an election for that office.
On motion of Representative Truitt, the house concurred in the senateamendments to HJR 62 by (Record 708): 120 Yeas, 5 Nays, 1 Present, notvoting.
(1)iiIn the first sentence of SECTION 2 of the resolution (page 1, line 18),
strike "November 4, 2003" and substitute "September 13, 2003".
(2)iiAdd the following as the last SECTION of the resolution:
SECTIONi____.iiSection 2, HJR 61, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
SECTIONi2.iiThis proposed constitutional amendment shall be submitted to
the voters at an election to be held September 13, 2003 [November 4, 2003]. The
ballot shall be printed to permit voting for or against the proposition: "The
constitutional amendment authorizing municipalities to donate surplus
fire-fighting equipment or supplies for the benefit of rural volunteer fire
departments."
COMMITTEE MEETING ANNOUNCEMENT
The following committee meeting was announced:
Appropriations, upon adjournment today, Desk 72, for a formal meeting.
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3833
HB 2415 - NOTICE OF INTENT TO CALL
Pursuant to Rule 7, Section 13, the chair gives one day ’s notice of intent tocall HB 2415 from the table.
ADJOURNMENT
Representative Martinez Fischer moved that the house adjourn until 2 p.m.tomorrow in memory of Dr. Enrique M. Galan of San Antonio.
The motion prevailed without objection.
The house accordingly, at 11:16 p.m., adjourned until 2 p.m. tomorrow.
AAAAAADDENDUMAAAAA
REFERRED TO COMMITTEES
The following bills and joint resolutions were today laid before the house,read first time, and referred to committees, and the following resolutions weretoday laid before the house and referred to committees. If indicated, the chairtoday corrected the referral of the following measures:
List No. 1
HR 1455 (By Solis), Commemorating the wedding of Ofelia Silva andFranklin Painter.
To Rules and Resolutions.
HR 1456 (By Gattis), Congratulating Joy Graham of the Salty communityon receiving the John Ben Shepperd County Historical Commission LeadershipAward from the Texas Historical Commission.
To Rules and Resolutions.
HR 1457 (By Keel), Honoring Sarah Sheffield of Georgetown on receivingthe Girl Scout Silver Award.
To Rules and Resolutions.
HR 1458 (By Keel), Honoring Amelia Glasby of Georgetown on receivingthe Girl Scout Silver Award.
To Rules and Resolutions.
HR 1459 (By Keel), Honoring Jessica Pope of Georgetown on receiving aGirl Scout Silver Award.
To Rules and Resolutions.
HR 1460 (By Keel), Honoring Tori Wright of Georgetown on receiving theGirl Scout Silver Award.
To Rules and Resolutions.
HR 1461 (By Keel), Honoring Hanna Watson of Georgetown on receivingthe Girl Scout Silver Award.
To Rules and Resolutions.
3834 78th LEGISLATURE — REGULAR SESSION
HR 1462 (By Keel), Honoring Sami Waley of Georgetown on receiving the
Girl Scout Silver Award.
To Rules and Resolutions.
HR 1463 (By Keel), Honoring Naomi Dyer of Georgetown on receiving the
Girl Scout Silver Award.
To Rules and Resolutions.
HR 1464 (By Keel), Honoring Amanda Lange of Georgetown on receiving
the Girl Scout Silver Award.
To Rules and Resolutions.
HR 1465 (By Keel), Honoring Samantha Thomas of Georgetown on
receiving the Girl Scout Silver Award.
To Rules and Resolutions.
HR 1466 (By Keel), Honoring Leeanna Morris of Georgetown on receiving
a Girl Scout Silver Award.
To Rules and Resolutions.
HR 1467 (By Crownover), Congratulating the Denton High School Lady
Broncos soccer team, 2003 Class 4A UIL State Champions.
To Rules and Resolutions.
SB 562 to Urban Affairs.
List No. 2
SB 1955 to Urban Affairs.
SIGNED BY THE SPEAKER
The following bills and resolutions were today signed in the presence of the
The following messages from the senate were today received by the house:
Message No. 1
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3835
MESSAGE FROM THE SENATESENATE CHAMBER
Austin, TexasSaturday, May 24, 2003
The Honorable Speaker of the HouseHouse ChamberAustin, Texas
Mr. Speaker:
I am directed by the senate to inform the house that the senate has taken thefollowing action:
THE SENATE HAS PASSED THE FOLLOWING MEASURES:
SB 562 GallegosRelating to conditions of employment for peace officers employed by certainmunicipalities.
Respectfully,Patsy SpawSecretary of the Senate
Message No. 2
MESSAGE FROM THE SENATESENATE CHAMBER
Austin, TexasSaturday, May 24, 2003 - 2
The Honorable Speaker of the HouseHouse ChamberAustin, Texas
Mr. Speaker:
I am directed by the senate to inform the house that the senate has taken thefollowing action:
THE SENATE HAS PASSED THE FOLLOWING MEASURES:
HB 284 Ellis SPONSOR: StaplesRelating to the applicability of the offense of unlawfully carrying a weapon tocertain persons carrying a weapon in a recreational vehicle.
HB 529 Brown, Betty SPONSOR: DeuellRelating to the ineligibility of a delinquent child support obligor to receivestate-funded or state-administered student financial assistance.(Committee Substitute)
HB 917 Eiland SPONSOR: JanekRelating to the authority of counties and municipalities to incur debt to participatein erosion response projects undertaken by the General Land Office.(Amended)
HB 1197 Krusee SPONSOR: Wentworth
3836 78th LEGISLATURE — REGULAR SESSION
Relating to authorization for a development agreement between a municipalityand an owner of land in the municipality ’s extraterritorial jurisdiction.HB 1446 Brown, Betty SPONSOR: AverittRelating to the eligibility of certain children for certain health benefit coverage.(Committee Substitute)
HB 1704 Taylor SPONSOR: JanekRelating to certain eligibility requirements for a license to carry a concealedhandgun.
HB 1723 Geren SPONSOR: AverittRelating to the performance of asbestos surveys.(Committee Substitute)
HB 2169 Telford SPONSOR: ShapiroRelating to the payment of retirement benefits to retirees who are employed bycertain public educational institutions.(Amended)
HB 2470 Kuempel SPONSOR: JacksonRelating to buyback programs of commercial licenses for certain aquatic animalsand the promotion and marketing of the shrimp industry in this state and tofunding those activities.(Committee Substitute)
HB 3152 Bonnen SPONSOR: JacksonRelating to the potability of and requirements for removing contaminants fromgroundwater.(Committee Substitute/Amended)
HB 3242 Pitts SPONSOR: EstesRelating to the use of the reverse auction procedure by the Texas Building andProcurement Commission.(Committee Substitute/Amended)
HB 3366 Ritter SPONSOR: WilliamsRelating to licensing and regulation of certain pilots, pilotage rates, and pilotservice.
Respectfully,Patsy SpawSecretary of the Senate
Message No. 3
MESSAGE FROM THE SENATESENATE CHAMBER
Austin, TexasSaturday, May 24, 2003 - 3
The Honorable Speaker of the HouseHouse ChamberAustin, Texas
Mr. Speaker:
Saturday, May 24, 2003 HOUSE JOURNAL — 76th Day 3837
I am directed by the senate to inform the house that the senate has taken thefollowing action:
THE SENATE HAS PASSED THE FOLLOWING MEASURES:
HB 320 Grusendorf SPONSOR: FraserRelating to the refusal to administer or consent to the administration of certainpsychiatric or psychological treatment to a child.(Committee Substitute/Amended)
HB 411 Grusendorf SPONSOR:iEllis, RodneyRelating to improvement of science instruction and student performance in publicschools.(Amended)
HB 547 Wohlgemuth SPONSOR: AverittRelating to the distance between certain pits that are part of quarrying operationsin certain counties and adjacent property.(Committee Substitute/Amended)
HB 725 Haggerty SPONSOR: WhitmireRelating to the participation of community supervision and correctionsdepartment employees, retired employees, and dependents of employees andretired employees in the group benefits program for state employees.(Committee Substitute)
HB 864 Kolkhorst SPONSOR: StaplesRelating to prohibiting the introduction or possession of certain items incorrectional facilities or on certain property of the Texas Department of CriminalJustice; providing penalties.(Amended)
HB 1459 Eiland SPONSOR: JanekRelating to hotel taxes in certain coastal municipalities with a population of lessthan 5,000.(Amended)
HB 2668 Allen SPONSOR: WhitmireRelating to the punishment and sentencing of defendants convicted of certainoffenses under the Texas Controlled Substances Act.
HJR 23 Hochberg SPONSOR: CaronaProposing a constitutional amendment permitting refinancing of a home equityloan with a reverse mortgage.(Amended)
SB 1955 RatliffRelating to the Red River Redevelopment Authority; providing the power ofeminent domain and the power to issue bonds.
SCR 53 WilliamsDesignating May 24, 2003, as Aviation Maintenance Technician Day in honor ofCharles Edward Taylor.
3838 78th LEGISLATURE — REGULAR SESSION
THE SENATE HAS CONCURRED IN HOUSE AMENDMENTS TO THEFOLLOWING MEASURES:
SB 273 (viva-voce vote)
SB 1147 (viva-voce vote)
SB 1317 (viva-voce vote)
THE SENATE HAS REFUSED TO CONCUR IN HOUSE AMENDMENTS TOTHE FOLLOWING MEASURES AND REQUESTS THE APPOINTMENT OFA CONFERENCE COMMITTEE TO ADJUST THE DIFFERENCESBETWEEN THE TWO HOUSES:
SB 283Senate Conferees: Jackson - Chair/Brimer/Ellis, Rodney/Nelson/Whitmire
