SENATE JOURNAL

EIGHTY-FIRST LEGISLATURE — REGULAR SESSION


AUSTIN, TEXAS


PROCEEDINGS


FIFTY-FIRST DAY

(Tuesday, May 5, 2009)

The Senate met at 11:10 a.m. pursuant to adjournment and was called to order by President Pro Tempore Duncan.

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

Absent-excused:iiAveritt, VanideiPutte.

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

The Reverend John Valenzuela, Faith and 5 Stones Bible Church, San Antonio, offered the invocation as follows:

Shower blessings from heaven upon them. Bless their families. Bless them for the sacrifice they make to serve, lead, and guide this great State of Texas. As You bless them, father God, You bless us. Enlarge their influence. Expand their opportunities, Lord, as You enlarge their influence, You enlarge our opportunities. Place them in an environment where they can in turn bless us. Keep Your hand upon them. Lord, lead them and guide them. Give them clarity, wisdom, and courage to go against the current of this world. Give them the valor to face the giants of this world. Help them to have the spirit of David as he ran to the giant. These are Your champions. Protect them from evil. Place Your hedge of protection around them and their families and our future. Lord, as You protect them, You protect us. Keep them from the temptation of personal glory and help them to serve Your people. Honor them with godly characteristics. Help them to focus on Your scoreboard and not the scoreboard of this world. Help them to be leaders of hospitality, moral purity, servants of wisdom and peace. Sharpen them through Your word so they can sharpen Texas. Amen.

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

The motion prevailed without objection.

LEAVES OF ABSENCE

On motion of Senator Whitmire, Senator Averitt was granted leave of absence for today on account of important business.

On motion of Senator Whitmire, Senator VanideiPutte was granted leave of absence for today on account of an illness in the family.

CO-AUTHORS OF SENATE BILL 679

On motion of Senator Lucio, Senators West and Zaffirini will be shown as Co-authors of SBi679.

CO-AUTHOR OF SENATE BILL 1060

On motion of Senator Ellis, Senator Zaffirini will be shown as Co-author of SBi1060.

CO-AUTHOR OF SENATE BILL 1088

On motion of Senator Shapleigh, Senator Hinojosa will be shown as Co-author of SBi1088.

CO-AUTHOR OF SENATE BILL 1176

On motion of Senator Patrick, Senator Whitmire will be shown as Co-author of SBi1176.

CO-AUTHOR OF SENATE BILL 1497

On motion of Senator Williams, Senator Nichols will be shown as Co-author of SBi1497.

CO-AUTHOR OF SENATE BILL 1646

On motion of Senator VanideiPutte, Senator Zaffirini will be shown as Co-author of SBi1646.

CO-AUTHOR OF SENATE BILL 2407

On motion of Senator Zaffirini, Senator Ogden will be shown as Co-author of SBi2407.

CO-SPONSOR OF HOUSE BILL 2626

On motion of Senator Zaffirini, Senator Uresti will be shown as Co-sponsor of HBi2626.

CO-SPONSOR OF HOUSE BILL 3113

On motion of Senator Lucio, Senator Harris will be shown as Co-sponsor of HBi3113.

CO-SPONSOR OF HOUSE BILL 3456

On motion of Senator Zaffirini, Senator Uresti will be shown as Co-sponsor of HBi3456.

SENATE RESOLUTION 819

Senator Ellis offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize the Right Honorable Elliot Morley, Member of Parliament, President of GLOBE International, Chair of GLOBE UK, and Special Representative of the Prime Minister of the United Kingdom; and

2006 81st Legislature — Regular Session 51st Day


WHEREAS, Mr. Morley has a long and distinguished career in Parliament and a wealth of experience in dealing with policy issues relating to the environment; and

WHEREAS, Working through GLOBE International and GLOBE UK, he has brought together representatives from different political affiliations and opinions and created consensus on actions to take regarding climate change; and

WHEREAS, Mr. Morley, by invitation of the British Consulate-General Houston, has traveled to Austin May 4 through 5, 2009, for the purpose of engaging in discussions with state legislators in both the House and Senate, industry leaders, and nongovernmental organizations, with the intent of helping the state create business-friendly climate change legislation; and

WHEREAS, Mr. Morley has offered the experiences of the United Kingdom to help inform Texas officials as they decide how the state can remain competitive while moving forward to a leadership role in the coming low-carbon world; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby commend Mr. Morley for generously sharing information, ideas, and lessons learned with Texas legislative and business leaders and extend sincere gratitude for the friendship offered by Mr. Morley and the United Kingdom; and, be it further

RESOLVED, That a copy of this Resolution be prepared for Mr. Morley as an expression of high regard from the Texas Senate.

(Senator Carona in Chair)

SR 819 was again read.

The resolution was previously adopted on Monday, May 4, 2009.

GUESTS PRESENTED

Senator Ellis, joined by Senators Seliger, Fraser, and Watson, was recognized and introduced to the Senate the Right Honorable Elliot Morley, Member of Parliament and Special Representative of the Prime Minister of the United Kingdom, accompanied by Consul General of the United Kingdom in Houston Paul Lynch and Vice Consul Mitch Jeffrey.

The Senate welcomed its guests.

PHYSICIAN OF THE DAY

Senator Watson was recognized and presented Dr. Michelle Markley of Austin as the Physician of the Day.

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

SENATE RESOLUTION 822

Senator Harris offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize the Coppell High School Cowgirls soccer team, which recently won the University Interscholastic League Class 5A state championship title; and

Tuesday, May 5, 2009 SENATE JOURNAL 2007


WHEREAS, The Cowgirls claimed their first state championship by defeating The Woodlands High School Lady Highlanders by a score of 3-2 in a match that saw them equal the highest number of goals that the Highlanders had allowed all season; the Lady Highlanders had posted 24 shutouts and were ranked third in the nation by ESPN RISE; and

WHEREAS, This outstanding match featured great defense and goalkeeping, with Alyssa Diggs scoring the game-winning goal with an assist from Dominique Dinka; Laura Sadler was named the game's Most Valuable Player, and Alyssa Diggs, Spayne Avant and Chioma Ubogagu were named to the All-Tournament Team; and

WHEREAS, The Cowgirls had advanced to the state finals by defeating Ronald Reagan High School of San Antonio by a score of 1-0; the San Antonio Reagan Rattlers entered the game ranked first in the nation by ESPN RISE before falling to the Cowgirls, whose performance throughout the tournament upheld the standard they set for themselves when they made "Check Our Footwork" the team's theme; and

WHEREAS, Despite having lost eight of last year's starters to graduation, the Cowgirls were able to build a championship team this season; led by their three senior starters, they drew inspiration from the team's practice motto, "You Reap What You Sow," and with enthusiasm, dedication, and an exceptional work ethic, the Cowgirls beat all the odds and captured a championship title; and

WHEREAS, Under the superior leadership and expertise of District 6-5A Coach of the Year Chris Stricker, and with the talented support of assistant coaches Michelle McAlister, Justin Heller, and Tito Schwabe, the Cowgirls developed exceptional teamwork and discipline, and they finished the season ranked fourth in the nation by ESPN RISE; and

WHEREAS, These young athletes have demonstrated great talent and perseverance throughout the year, both on and off the field; Chioma Ubogagu was the District 6-5A Midfielder of the Year and was a finalist for Gatorade Player of the Year; senior Sydney Frazier was named to the All-State Academic Team, and junior Erin Barlow is currently ranked 10th in her class; and

WHEREAS, Coppell High School and the City of Coppell are proud of the Cowgirls for their hard work, their impressive skills, and their fine sportsmanship; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby commend the Coppell High School Cowgirls soccer team for their successful season and extend congratulations to them on winning the University Interscholastic League Class 5A state championship title; and, be it further

RESOLVED, That a copy of this Resolution be prepared for them as an expression of high regard from the Texas Senate.

HARRIS

SHAPIRO

SR 822 was read and was adopted without objection.

2008 81st Legislature — Regular Session 51st Day


GUESTS PRESENTED

Senator Harris was recognized and introduced to the Senate Sydney Frazier and Cara Manning, Senior Captains, Coppell High School Cowgirls soccer team, and Laura Sadler, Senior Captain, All-State team member and Most Valuable Player of the state tournament, accompanied by their coach, Chris Stricker, and his wife, Amanda.

The Senate welcomed its guests.

SENATE RESOLUTION 520

Senator Ellis offered the following resolution:

WHEREAS, The Senate of the State of Texas is pleased to recognize the participants in the 2008-2009 Chronicle Classroom for their commitment to the principles of journalism; and

WHEREAS, Created in 2006 by Houston Chronicle editor and vice president Jeff Cohen, the Chronicle Classroom is a practical training and mentoring program for young journalists; and

WHEREAS, Each year, a group of Houston high school students is chosen to participate in the program, for which they report to the offices of the Houston Chronicle every day for a half day of instruction in the basics of journalism and mass communication; and

WHEREAS, The classes focus on the fundamentals of daily journalism while also introducing students to a range of news media careers and offering practical experiences; and

WHEREAS, Chronicle Classroom students get the opportunity to work on stories that will be published in the Houston Chronicle, a noteworthy achievement for student journalists, and they plan and publish a student newspaper, Insight; and

WHEREAS, A well-informed citizenry is vital to the functioning of democracy, and the news media play a critical role in ensuring that people have the information they need to make educated decisions; the Chronicle Classroom is truly deserving of recognition for its role in training the journalists of tomorrow; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby commend the Chronicle Classroom on its mission to further the training of young journalists and extend to the student participants best wishes for continued success in this important field; and, be it further

RESOLVED, That a copy of this Resolution be prepared for these students as an expression of esteem from the Texas Senate.

SR 520 was again read.

The resolution was previously adopted on Wednesday, March 25, 2009.

GUESTS PRESENTED

Senator Ellis was recognized and introduced to the Senate participants in the 2008-2009 Chronicle Classroom.

The Senate welcomed its guests.

Tuesday, May 5, 2009 SENATE JOURNAL 2009


MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

May 5, 2009

The Honorable President of the Senate

Senate Chamber

Austin, Texas

Mr. President:

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

THE HOUSE HAS PASSED THE FOLLOWING MEASURES:

HB 882, Relating to a residential tenant's right of restoration of utilities after certain unlawful conduct.

HB 1007, Relating to the expiration of a stored value card.

HB 1020, Relating to the use, exhibition, or possession of a firearm by public school students participating in certain school-sponsored programs and activities sponsored or supported by the Parks and Wildlife Department.

HB 1054, Relating to the enforcement of certain traffic laws; providing a penalty.

HB 1362, Relating to the pilot program for reporting of methicillin-resistant Staphylococcus aureus infections.

HB 1630, Relating to the eligibility of certain individuals for child health plan coverage or medical assistance on release from certain facilities or other settings.

HB 2165, Relating to the appraisal for ad valorem tax purposes of certain open-space land devoted principally to ecological research.

HB 2191, Relating to prohibiting contact between an employee of a facility that serves the elderly or disabled persons, whose criminal history has not been verified, and a patient or resident of the facility.

HB 2230, Relating to liability for interest if land appraised for ad valorem tax purposes as agricultural or open-space land is sold or diverted to a different use.

HB 2386, Relating to the sealing of juvenile records.

HB 2435, Relating to the location of an arbitration trial.

HB 2500, Relating to the governor's flag.

HB 2531, Relating to a reporting requirement regarding the Texas emerging technology fund.

HB 2556, Relating to the rights and duties of the parties to a motor vehicle retail installment contract or a conditional delivery agreement involving the sale or conditional delivery of a motor vehicle; providing an administrative penalty.

HB 2735, Relating to the continuation and functions of the Credit Union Department and the Credit Union Commission.

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HB 2952, Relating to venue for the prosecution and punishment of certain offenses committed on the boundaries of two or more counties.

HB 2972, Relating to the definition of a controlling person with respect to the operation of certain assisted living facilities.

HB 3006, Relating to the authority of certain municipalities to impose term limits on the members of their governing bodies.

HB 3228, Relating to the offense of prohibited substances and items in correctional facilities.

HB 3391, Relating to the continuation and functions of the Parks and Wildlife Department; changing the elements of an offense.

HB 3543, Relating to the creation of a Don't Mess with Texas Water program to prevent illegal dumping that affects the surface waters of this state.

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

HB 3751, Relating to the conditions of bond for a defendant charged with committing certain offenses against a child and to the denial of bail pending trial with respect to certain defendants who violate those conditions.

HB 3827, Relating to the delivery of regulated substances into underground storage tanks; providing a penalty.

HB 3838, Relating to powers and duties of the Office of Public Utility Counsel to represent residential and small commercial consumers in certain water or sewer utility service matters before the Texas Commission on Environmental Quality.

HB 3945, Relating to a title insurance company affidavit as a release of lien.

HB 4002, Relating to the funding of the statewide wildfire protection plan at the Texas Forest Service.

HB 4043, Relating to notifications to certain purchasers of real property that may be located in an area subject to a certificate of convenience and necessity for water or sewer service.

HB 4136, Relating to sealing court records containing medical information for children who are victims of certain offenses.

HB 4247, Relating to the use of the proceeds of cash deposits filed with the Railroad Commission of Texas by certain persons under the jurisdiction of the commission and deposited in the oil-field cleanup fund.

HB 4294, Relating to textbooks, electronic textbooks, instructional material, and technological equipment in public schools.

HJR 39, Post-ratifying Amendment XXIV to the Constitution of the United States prohibiting the denial or abridgment of the right to vote for failure to pay any poll tax or other tax.

Tuesday, May 5, 2009 SENATE JOURNAL 2011


SB 1442, Relating to business entities and associations.

(Amended)

Respectfully,

/s/Robert Haney, Chief Clerk

House of Representatives

SENATE RESOLUTION 446

Senator Zaffirini, on behalf of Senator VanideiPutte, offered the following resolution:

WHEREAS, The system of writing called Braille is the lifeline for thousands of Texans who are blind or visually impaired and for millions of other people around the world, and this year marks the 200th birthday of the blind French youth who invented this amazing system; and

WHEREAS, Braille has enabled visually impaired students to achieve their maximum independence and academic excellence; even those who lose their vision later in life find Braille to be extremely helpful in their daily lives; and

WHEREAS, Eighty percent of employed Americans who are blind or visually impaired, including lawyers, teachers, legislators, computer programmers, civil servants, and physicians, are proficient in the use of Braille; and

WHEREAS, The importance of Braille in the education, employability, and independence of Texans is tremendous, and the Braille Revival League of Texas, an affiliate of the American Council of The Blind of Texas, plays an invaluable role in promoting the teaching, use, and dissemination of Braille as a tool of literacy for blind and visually impaired children and adults throughout the state; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby pay tribute to the genius of Louis Braille on the bicentennial year of his birth and recognize the Braille Revival League of Texas for its work in fostering the use of Braille in our state; and, be it further

RESOLVED, That a copy of this Resolution be prepared to commemorate the life and work of Louis Braille.

SR 446 was again read.

The resolution was previously adopted on Thursday, March 19, 2009.

GUESTS PRESENTED

Senator Zaffirini, on behalf of Senator VanideiPutte, was recognized and introduced to the Senate Larry Johnson, President, Alamo Council of the Blind, and Judy Jackson, President, Braille Revival League of Texas of the American Council of The Blind, accompanied by John Nolan, Jamelle Hodges, Amy Flores, Mary Faith Price, and Katherine Solomon.

The Senate welcomed its guests.

INTRODUCTION OF
BILLS AND RESOLUTIONS POSTPONED

The Presiding Officer announced that the introduction of bills and resolutions on first reading would be postponed until the end of today's session.

There was no objection.

2012 81st Legislature — Regular Session 51st Day


CONCLUSION OF MORNING CALL

The Presiding Officer, Senator Carona in Chair, at 11:42ia.m. announced the conclusion of morning call.

SENATE BILL 347 WITH HOUSE AMENDMENT

Senator Nelson called SBi347 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer laid the bill and the House amendment before the Senate.

Floor Amendment No. 1

Amend SBi347 (House committee report) in SECTION 5 of the bill, in added Section 161.00735(a), Health and Safety Code (page 5, lines 7-8 of the bill), by striking "has the meaning assigned by Section 418.004, Government Code" and substituting "means a disaster declared by the president of the United States, the governor of this state, or the governor of another state".

The amendment was read.

Senator Nelson moved to concur in the House amendment to SBi347.

The motion prevailed by the following vote:iiYeasi29, Naysi0.

Absent-excused:iiAveritt, VanideiPutte.

SENATE RULES SUSPENDED

(Posting Rules)

On motion of Senator Nelson and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Health and Human Services might meet and consider SBi2573 today.

COMMITTEEiiSUBSTITUTE
SENATE BILL 485 ON SECOND READING

Senator Deuell moved to suspend the regular order of business to take up for consideration CSSBi485 at this time on its second reading:

CSSB 485, Relating to medical loss ratios of preferred provider benefit plan issuers.

The motion prevailed.

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

The bill was read second time.

Senator Deuell offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 485 by striking all below the enacting clause and substituting the following:

SECTIONi1.iiSubtitle A, Title 8, Insurance Code, is amended by adding Chapter 1223 to read as follows:

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CHAPTER 1223. MEDICAL LOSS RATIO

Sec.i1223.001.iiDEFINITIONS. In this chapter:

(1)ii"Enrollee" has the meaning assigned by Section 1457.001.

(2)ii"Evidence of coverage" has the meaning assigned by Section 843.002.

(3)ii"Market segment" means, as applicable, one of the following categories of health benefit plans issued by a health benefit plan issuer:

(A)iiindividual evidences of coverage issued by a health maintenance organization;

(B)iiindividual preferred provider benefit plans;

(C)iievidences of coverage issued by a health maintenance organization to small employers as defined by Section 1501.002;

(D)iipreferred provider benefit plans issued to small employers as defined by Section 1501.002;

(E)iievidences of coverage issued by a health maintenance organization to large employers as defined by Section 1501.002; and

(F)iipreferred provider benefit plans issued to large employers as defined by Section 1501.002.

(4)ii"Medical loss ratio" means direct losses incurred and direct losses paid for all preferred provider benefit plans issued by an insurer, divided by direct premiums earned for all preferred provider benefit plans issued by that insurer. This amount may not include home office and overhead costs, advertising costs, network development costs, commissions and other acquisition costs, taxes, capital costs, administrative costs, utilization review costs, or claims processing costs.

Sec.i1223.002.iiAPPLICABILITY OF CHAPTER. (a) This chapter applies to a health benefit plan issuer that provides benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness, including an individual, group, blanket, or franchise insurance policy or insurance agreement, a group hospital service contract, or an individual or group evidence of coverage or similar coverage document that is offered by:

(1)iian insurance company;

(2)iia group hospital service corporation operating under Chapter 842;

(3)iia fraternal benefit society operating under Chapter 885;

(4)iia stipulated premium company operating under Chapter 884;

(5)iian exchange operating under Chapter 942;

(6)iia health maintenance organization operating under Chapter 843; or

(7)iian approved nonprofit health corporation that holds a certificate of authority under Chapter 844.

(b)iiNotwithstanding any other law, this chapter applies to a health benefit plan issuer with respect to a standard health benefit plan provided under Chapter 1507.

(c)iiNotwithstanding Section 1501.251 or any other law, this chapter applies to a health benefit plan issuer with respect to coverage under a small employer health benefit plan subject to Chapter 1501.

Sec.i1223.003.iiEXCEPTIONS.iiThis chapter does not apply with respect to:

(1)iia plan that provides coverage:

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(A)iifor wages or payments in lieu of wages for a period during which an employee is absent from work because of sickness or injury;

(B)iias a supplement to a liability insurance policy;

(C)iifor credit insurance;

(D)iionly for dental or vision care;

(E)iionly for hospital expenses; or

(F)iionly for indemnity for hospital confinement;

(2)iia Medicare supplemental policy as defined by Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);

(3)iia Medicaid managed care program operated under Chapter 533, Government Code;

(4)iiMedicaid programs operated under Chapter 32, Human Resources Code;

(5)iithe state child health plan operated under Chapter 62 or 63, Health and Safety Code;

(6)iia workers' compensation insurance policy; or

(7)iimedical payment insurance coverage provided under a motor vehicle insurance policy.

Sec.i1223.004.iiNOTIFICATION OF MEDICAL LOSS RATIO, MEDICAL COST MANAGEMENT, AND HEALTH EDUCATION COST. (a) A health benefit plan issuer shall report its medical loss ratio for each market segment, as applicable, with the annual report required under Section 843.155 or 1301.009. Beginning in the fourth year during which a health benefit plan issuer is required to make a report under this section, the issuer may report the medical loss ratio as a three-year rolling average.

(b)iiEach health benefit plan issuer shall include in the report described by Subsection (a), for each market segment, a separate report of costs attributed to medical cost management and health education. The commissioner by rule shall prescribe the reporting requirements for the costs, which may include:

(1)iicase management activities;

(2)iiutilization review;

(3)iidetection and prevention of payment of fraudulent requests for reimbursement;

(4)iinetwork access fees to preferred provider organizations and other network-based health benefit plans, including prescription drug networks, and allocated internal salaries and related costs associated with network development or provider contracting;

(5)iiconsumer education solely relating to health improvement and relying on the direct involvement of health personnel, including smoking cessation and disease management programs and other programs that involve medical education;

(6)iitelephone hotlines, including nurse hotlines, that provide enrollees health information and advice regarding medical care; and

(7)iiexpenses for internal and external appeals processes.

(c)iiThe department shall post on the department's Internet website or another website maintained by the department for the benefit of consumers or enrollees:

(1)iithe information received under Subsections (a) and (b);

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(2)iian explanation of the meaning of the term "medical loss ratio," how the medical loss ratio is calculated, and how the ratio may affect consumers or enrollees; and

(3)iian explanation of the types of activities and services classified as medical cost management and health education, how the costs for these activities and services are calculated, what those costs, when aggregated with a medical loss ratio, mean, and how the costs might affect consumers or enrollees.

(d)iiA health benefit plan issuer shall provide each enrollee or the plan sponsor, as applicable, with the Internet website address at which the enrollee or plan sponsor may access the information described by Subsection (c). A health benefit plan issuer must provide the information required under this subsection:

(1)iito an enrollee, at the time of the initial enrollment of the enrollee in a health benefit plan issued by the health benefit plan issuer; and

(2)iiat the time of renewal of a health benefit plan to:

(A)iieach enrollee, if the health benefit plan is an individual health benefit plan; or

(B)iithe plan sponsor, if the health benefit plan is a group health benefit plan.

(e)iiThe commissioner shall adopt rules necessary to implement this section.

SECTIONi2.iiThe change in law made by this Act applies only to a health benefit plan that is delivered, issued for delivery, or renewed on or after January 1, 2011. A health benefit plan that is delivered, issued for delivery, or renewed before January 1, 2011, is covered by the law in effect at the time the health benefit plan was delivered, issued for delivery, or renewed, and that law is continued in effect for that purpose.

SECTIONi3.iiThis Act takes effect September 1, 2009.

The amendment to CSSB 485 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1 except as follows:

Nays:iiWilliams.

Absent-excused:iiAveritt, VanideiPutte.

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

CSSB 485 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:iiWilliams.

Absent-excused:iiAveritt, VanideiPutte.

2016 81st Legislature — Regular Session 51st Day


COMMITTEEiiSUBSTITUTE
SENATE BILL 485 ON THIRD READING

Senator Deuell moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi485 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi28, Naysi1.

Nays:iiWilliams.

Absent-excused:iiAveritt, Van de Putte.

The bill was read third time and was passed by the following vote:iiYeasi28, Naysi1. (Same as previous roll call)

COMMITTEEiiSUBSTITUTE
SENATE BILL 1120 ON THIRD READING

Senator West moved to suspend the regular order of business to take up for consideration CSSBi1120 at this time on its third reading and final passage:

CSSB 1120, Relating to reports on racial profiling in connection with motor vehicle stops; providing a penalty.

The motion prevailed by the following vote:iiYeasi20, Naysi9.

Yeas:iiCarona, Davis, Deuell, Duncan, Ellis, Estes, Gallegos, Hegar, Hinojosa, Lucio, Nichols, Seliger, Shapleigh, Uresti, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

Nays:iiEltife, Fraser, Harris, Huffman, Jackson, Nelson, Ogden, Patrick, Shapiro.

Absent-excused:iiAveritt, VanideiPutte.

The bill was read third time and was passed by the following vote:iiYeasi19, Naysi10.

Yeas:iiCarona, Davis, Deuell, Duncan, Ellis, Estes, Gallegos, Hinojosa, Lucio, Nichols, Seliger, Shapleigh, Uresti, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

Nays:iiEltife, Fraser, Harris, Hegar, Huffman, Jackson, Nelson, Ogden, Patrick, Shapiro.

Absent-excused:iiAveritt, VanideiPutte.

COMMITTEEiiSUBSTITUTE
SENATE BILL 2170 ON SECOND READING

Senator Seliger moved to suspend the regular order of business to take up for consideration CSSBi2170 at this time on its second reading:

CSSB 2170, Relating to the amount and use of certain fees imposed in connection with oil and gas activities.

The motion prevailed.

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

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:iiOgden.

Absent-excused:iiAveritt, VanideiPutte.

COMMITTEEiiSUBSTITUTE
SENATE BILL 2170 ON THIRD READING

Senator Seliger moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi2170 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi28, Naysi1.

Nays:iiOgden.

Absent-excused:iiAveritt, VanideiPutte.

The bill was read third time and was passed by the following vote:iiYeasi28, Naysi1. (Same as previous roll call)

COMMITTEEiiSUBSTITUTE
SENATE BILL 795 ON SECOND READING

Senator Fraser moved to suspend the regular order of business to take up for consideration CSSBi795 at this time on its second reading:

CSSB 795, Relating to the audit of certain river authorities.

The motion prevailed.

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

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:iiWilliams.

Absent-excused:iiAveritt, VanideiPutte.

COMMITTEEiiSUBSTITUTE
SENATE BILL 795 ON THIRD READING

Senator Fraser moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi795 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi28, Naysi1.

Nays:iiWilliams.

Absent-excused:iiAveritt, VanideiPutte.

2018 81st Legislature — Regular Session 51st Day


The bill was read third time and was passed by the following vote:iiYeasi28, Naysi1. (Same as previous roll call)

COMMITTEEiiSUBSTITUTE
SENATE BILL 2304 ON SECOND READING

On motion of Senator Williams and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi2304 at this time on its second reading:

CSSB 2304, Relating to the amount of hazardous duty pay for certain employees of the Texas Department of Criminal Justice.

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Absent-excused:iiAveritt, VanideiPutte.

COMMITTEEiiSUBSTITUTE
SENATE BILL 2304 ON THIRD READING

Senator Williams moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi2304 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi0.

Absent-excused:iiAveritt, VanideiPutte.

The bill was read third time and was passed by the following vote:iiYeasi29, Naysi0. (Same as previous roll call)

SENATE BILL 1566 ON SECOND READING

On motion of Senator Shapleigh and by unanimous consent, the regular order of business was suspended to take up for consideration SB 1566 at this time on its second reading:

SB 1566, Relating to the acquisition, dissemination, and use of certain geographic information system data.

The bill was read second time.

Senator Shapleigh offered the following committee amendment to the bill:

Committee Amendment No. 1

Amend SB 1566 by adding the following appropriately numbered section to the bill and renumbering subsequent sections of the bill as appropriate:

SECTIONi____.iiThis Act does not make an appropriation. A provision in this Act that creates a new governmental program, creates a new entitlement, or imposes a new duty on a governmental entity is not mandatory during a fiscal period for which the legislature has not made a specific appropriation to implement the provision.

The amendment to SB 1566 was read and was adopted by a viva voce vote.

Tuesday, May 5, 2009 SENATE JOURNAL 2019


All Members are deemed to have voted "Yea" on the adoption of Committee Amendment No.i1 except as follows:

Absent-excused:iiAveritt, VanideiPutte.

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

SB 1566 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Absent-excused:iiAveritt, VanideiPutte.

SENATE BILL 1566 ON THIRD READING

Senator Shapleigh moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi1566 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi0.

Absent-excused:iiAveritt, VanideiPutte.

The bill was read third time and was passed by the following vote:iiYeasi29, Naysi0. (Same as previous roll call)

SENATE BILL 1764 ON SECOND READING

On motion of Senator Watson and by unanimous consent, the regular order of business was suspended to take up for consideration SBi1764 at this time on its second reading:

SB 1764, Relating to the dissemination of information regarding the cost of attending public and private institutions of higher education and regarding the availability of financial aid to assist in paying that cost.

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Absent-excused:iiAveritt, VanideiPutte.

SENATE BILL 1764 ON THIRD READING

Senator Watson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi1764 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi0.

Absent-excused:iiAveritt, VanideiPutte.

The bill was read third time and was passed by the following vote:iiYeasi29, Naysi0. (Same as previous roll call)

2020 81st Legislature — Regular Session 51st Day


(Senator Eltife in Chair)

MOTION TO PLACE
COMMITTEEiiSUBSTITUTE
SENATE BILL 1317 ON SECOND READING

Senator Wentworth moved to suspend the regular order of business to take up for consideration CSSBi1317 at this time on its second reading:

CSSB 1317, Relating to education and examination requirements for the issuance of a driver's license to certain persons.

Senator Wentworth withdrew the motion to suspend the regular order of business.

COMMITTEEiiSUBSTITUTE
SENATE BILL 883 ON SECOND READING

Senator Carona moved to suspend the regular order of business to take up for consideration CSSBi883 at this time on its second reading:

CSSB 883, Relating to the use of the state highway fund to participate in the costs associated with a toll facility of a public or private entity.

The motion prevailed.

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

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:iiOgden.

Absent-excused:iiAveritt, VanideiPutte.

COMMITTEEiiSUBSTITUTE
SENATE BILL 883 ON THIRD READING

Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi883 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi28, Naysi1.

Nays:iiOgden.

Absent-excused:iiAveritt, VanideiPutte.

The bill was read third time and was passed by the following vote:iiYeasi28, Naysi1. (Same as previous roll call)

HOUSE BILL 2626 ON SECOND READING

On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration HB 2626 at this time on its second reading:

HB 2626, Relating to the forensic medical examination of a sexual assault victim who has not reported the assault to a law enforcement agency.

The bill was read second time.

Tuesday, May 5, 2009 SENATE JOURNAL 2021


Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 1

Amend HB 2626 by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill appropriately:

SECTIONi____.iiThis Act does not make an appropriation. A provision in this Act that creates a new governmental program, creates a new entitlement, or imposes a new duty on a governmental entity is not mandatory during a fiscal period for which the legislature has not made a specific appropriation to implement the provision.

The amendment to HB 2626 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1 except as follows:

Absent-excused:iiAveritt, VanideiPutte.

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

HB 2626 as amended was passed to third reading by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to third reading except as follows:

Absent-excused:iiAveritt, VanideiPutte.

HOUSE BILL 2626 ON THIRD READING

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi2626 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi0.

Absent-excused:iiAveritt, VanideiPutte.

The bill was read third time and was passed by the following vote:iiYeasi29, Naysi0. (Same as previous roll call)

COMMITTEEiiSUBSTITUTE
SENATE BILL 1730 ON SECOND READING

On motion of Senator West and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi1730 at this time on its second reading:

CSSB 1730, Relating to minimum training standards for employees of certain child-care facilities.

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Absent-excused:iiAveritt, VanideiPutte.

2022 81st Legislature — Regular Session 51st Day


COMMITTEEiiSUBSTITUTE
SENATE BILL 1730 ON THIRD READING

Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi1730 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi0.

Absent-excused:iiAveritt, VanideiPutte.

The bill was read third time and was passed by the following vote:iiYeasi29, Naysi0. (Same as previous roll call)

COMMITTEEiiSUBSTITUTE
SENATE BILL 2554 ON SECOND READING

On motion of Senator Hegar and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi2554 at this time on its second reading:

CSSB 2554, Relating to a bailiff for the 130th District Court.

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Absent-excused:iiAveritt, VanideiPutte.

COMMITTEEiiSUBSTITUTE
SENATE BILL 2554 ON THIRD READING

Senator Hegar moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi2554 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi0.

Absent-excused:iiAveritt, VanideiPutte.

The bill was read third time and was passed by the following vote:iiYeasi29, Naysi0. (Same as previous roll call)

HOUSE BILL 3456 ON SECOND READING

On motion of Senator Zaffirini and by unanimous consent, the regular order of business was suspended to take up for consideration HBi3456 at this time on its second reading:

HB 3456, Relating to the education and preparation of resident physicians.

The bill was read second time and was passed to third reading by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to third reading except as follows:

Absent-excused:iiAveritt, VanideiPutte.

Tuesday, May 5, 2009 SENATE JOURNAL 2023


HOUSE BILL 3456 ON THIRD READING

Senator Zaffirini moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that HBi3456 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi0.

Absent-excused:iiAveritt, VanideiPutte.

The bill was read third time and was passed by the following vote:iiYeasi29, Naysi0. (Same as previous roll call)

COMMITTEEiiSUBSTITUTE
SENATE BILL 2501 ON SECOND READING

On motion of Senator West and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi2501 at this time on its second reading:

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

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Absent-excused:iiAveritt, VanideiPutte.

COMMITTEEiiSUBSTITUTE
SENATE BILL 2501 ON THIRD READING

Senator West moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi2501 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi0.

Absent-excused:iiAveritt, VanideiPutte.

The bill was read third time and was passed by the following vote:iiYeasi29, Naysi0. (Same as previous roll call)

COMMITTEEiiSUBSTITUTE
SENATE BILL 206 ON SECOND READING

On motion of Senator Shapleigh and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi206 at this time on its second reading:

CSSB 206, Relating to the reporting of information concerning the rescission of health benefit plans.

The bill was read second time and was passed to engrossment by a viva voce vote.

2024 81st Legislature — Regular Session 51st Day


All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Absent-excused:iiAveritt, VanideiPutte.

COMMITTEEiiSUBSTITUTE
SENATE BILL 206 ON THIRD READING

Senator Shapleigh moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi206 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi0.

Absent-excused:iiAveritt, VanideiPutte.

The bill was read third time and was passed by the following vote:iiYeasi29, Naysi0. (Same as previous roll call)

SENATE BILL 1789 ON SECOND READING

Senator Wentworth moved to suspend the regular order of business to take up for consideration SBi1789 at this time on its second reading:

SB 1789, Relating to certain proceedings relating to an individual's will.

The motion prevailed.

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

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:iiWilliams, Zaffirini.

Absent-excused:iiAveritt, VanideiPutte.

SENATE BILL 1789 ON THIRD READING

Senator Wentworth moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SBi1789 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi2.

Yeas:iiCarona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, Shapleigh, Uresti, Watson, Wentworth, West, Whitmire.

Nays:iiWilliams, Zaffirini.

Absent-excused:iiAveritt, VanideiPutte.

The bill was read third time and was passed by the following vote:iiYeasi27, Naysi2. (Same as previous roll call)

Tuesday, May 5, 2009 SENATE JOURNAL 2025


COMMITTEEiiSUBSTITUTE
SENATE BILL 2351 ON SECOND READING

Senator Ogden moved to suspend the regular order of business to take up for consideration CSSBi2351 at this time on its second reading:

CSSB 2351, Relating to a student health services fee at component institutions of The Texas A&M University System and to authorizing the financing, construction, maintenance, and improvement of health facilities with the fee at the institutions.

The motion prevailed.

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

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:iiHegar, Huffman.

Absent-excused:iiAveritt, VanideiPutte.

COMMITTEEiiSUBSTITUTE
SENATE BILL 2351 ON THIRD READING

Senator Ogden moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi2351 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi27, Naysi2.

Yeas:iiCarona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, Shapleigh, Uresti, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

Nays:iiHegar, Huffman.

Absent-excused:iiAveritt, VanideiPutte.

The bill was read third time and was passed by the following vote:iiYeasi27, Naysi2. (Same as previous roll call)

COMMITTEEiiSUBSTITUTE
SENATE BILL 207 ON SECOND READING

On motion of Senator Shapleigh and by unanimous consent, the regular order of business was suspended to take up for consideration CSSBi207 at this time on its second reading:

CSSB 207, Relating to prohibition of certain business practices related to rescission of coverage under health benefit plans.

The bill was read second time and was passed to engrossment by a viva voce vote.

2026 81st Legislature — Regular Session 51st Day


All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Absent-excused:iiAveritt, VanideiPutte.

COMMITTEEiiSUBSTITUTE
SENATE BILL 207 ON THIRD READING

Senator Shapleigh moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi207 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi0.

Absent-excused:iiAveritt, VanideiPutte.

The bill was read third time and was passed by the following vote:iiYeasi29, Naysi0. (Same as previous roll call)

COMMITTEEiiSUBSTITUTE
SENATE BILL 1600 ON SECOND READING

On motion of Senator Watson and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 1600 at this time on its second reading:

CSSB 1600, Relating to an interim study on the creation of a data collection to track specialized technology research projects conducted by public universities, public university research facilities, and other state institutions.

The bill was read second time.

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1600 (committee printing), in SECTION 1 of the bill, as follows:

(1)iiOn page 1, line 41, between "biomedical science research" and ";" insert ", including research that involves stem cells or human cloning";

(2)iiOn page 1, line 58, strike "and";

(3)iiOn page 1, line 59, strike "." and insert "; and"

(4)iiOn page 1, between lines 59 and 60, insert new (v) to read as follows:

(v)iithe process through which any stem cells and stem cell lines utilized were derived.

The amendment to CSSB 1600 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1 except as follows:

Absent-excused:iiAveritt, VanideiPutte.

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

CSSB 1600 as amended was passed to engrossment by a viva voce vote.

Tuesday, May 5, 2009 SENATE JOURNAL 2027


All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Absent-excused:iiAveritt, VanideiPutte.

COMMITTEEiiSUBSTITUTE
SENATE BILL 1600 ON THIRD READING

Senator Watson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi1600 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi0.

Absent-excused:iiAveritt, VanideiPutte.

The bill was read third time and was passed by the following vote:iiYeasi29, Naysi0. (Same as previous roll call)

COMMITTEEiiSUBSTITUTE
SENATE BILL 1383 ON SECOND READING

Senator Carona moved to suspend the regular order of business to take up for consideration CSSBi1383 at this time on its second reading:

CSSB 1383, Relating to the creation and administration of the Texas Local Participation Transportation Program.

The motion prevailed.

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

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:iiOgden.

Absent-excused:iiAveritt, VanideiPutte.

COMMITTEEiiSUBSTITUTE
SENATE BILL 1383 ON THIRD READING

Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi1383 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi28, Naysi1.

Nays:iiOgden.

Absent-excused:iiAveritt, VanideiPutte.

The bill was read third time and was passed by the following vote:iiYeasi28, Naysi1. (Same as previous roll call)

2028 81st Legislature — Regular Session 51st Day


COMMITTEEiiSUBSTITUTE
SENATE BILL 2440 ON SECOND READING

On motion of Senator Uresti and by unanimous consent, the regular order of business was suspended to take up for consideration CSSB 2440 at this time on its second reading:

CSSB 2440, Relating to authorizing a dissolution election for the Bexar Metropolitan Water District and providing an oversight mechanism for the district, including enforcement authority.

The bill was read second time.

Senator Uresti offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 2440 as follows:

(1)iiIn SECTION 3 of the bill, in added Subdivision (1), Subsection (b), Section 34A (committee printing page 2, line 61), strike "supervise" and substitute "collectively coordinate".

(2)iiIn SECTION 3 of the bill, in added Subdivision (2), Subsection (b), Section 34A (committee printing page 2, line 62), strike "take immediate action" and substitute "work with the Board".

(3)iiIn SECTION 3 of the bill, in added Subdivision (3), Subsection (b), Section 34A (committee printing page 2, line 66), between "develop" and "a comprehensive" insert "and work to implement".

(4)iiIn SECTION 3 of the bill, in added Subsection (a), Section 34B (committee printing page 4, line 16), strike "implementing" and substitute "developing and working to implement".

The amendment to CSSB 2440 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1 except as follows:

Absent-excused:iiAveritt, VanideiPutte.

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

CSSB 2440 as amended was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Absent-excused:iiAveritt, VanideiPutte.

COMMITTEEiiSUBSTITUTE
SENATE BILL 2440 ON THIRD READING

Senator Uresti moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi2440 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi29, Naysi0.

Absent-excused:iiAveritt, VanideiPutte.

Tuesday, May 5, 2009 SENATE JOURNAL 2029


The bill was read third time and was passed by the following vote:iiYeasi29, Naysi0. (Same as previous roll call)

SENATE BILL 778 WITH HOUSE AMENDMENT

Senator Watson called SBi778 from the President's table for consideration of the House amendment to the bill.

The Presiding Officer, Senator Eltife in Chair, laid the bill and the House amendment before the Senate.

Amendment

Amend SBi778 by substituting in lieu thereof the following:

A BILL TO BE ENTITLED

AN ACT

relating to the licensing and regulation of identity recovery service contract providers and the inclusion of identity recovery service agreements in certain service contracts and vehicle protection products; providing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTIONi1.iiSection 348.208(b), Finance Code, is amended to read as follows:

(b)iiA retail installment contract may include as a separate charge an amount for:

(1)iimotor vehicle property damage or bodily injury liability insurance;

(2)iimechanical breakdown insurance;

(3)iiparticipation in a motor vehicle theft protection plan;

(4)iiinsurance to reimburse the retail buyer for the amount computed by subtracting the proceeds of the buyer's basic collision policy on the motor vehicle from the amount owed on the vehicle if the vehicle has been rendered a total loss; [or]

(5)iia warranty or service contract relating to the motor vehicle; or

(6)iian identity recovery service contract defined by Section 1306.003, Occupations Code.

SECTIONi2.iiSection 1304.003(b), Occupations Code, is amended to read as follows:

(b)iiA service contract may also provide for:

(1)iiincidental payment or indemnity under limited circumstances, including towing, rental, and emergency road service; [or]

(2)iithe repair or replacement of a product for damage resulting from a power surge or for accidental damage incurred in handling the product; or

(3)iiidentity recovery, as defined by Section 1306.002, if the service contract is financed under Chapter 348, Finance Code.

SECTIONi3.iiTitle 8, Occupations Code, is amended by adding Chapter 1306 to read as follows:

CHAPTER 1306. IDENTITY RECOVERY SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS

SUBCHAPTER A. GENERAL PROVISIONS

Sec.i1306.001.iiSHORT TITLE. This chapter may be cited as the Identity Recovery Service Contract Regulatory Act.

Sec.i1306.002.iiDEFINITIONS. In this chapter:

2030 81st Legislature — Regular Session 51st Day


(1)ii"Administrator" means a person, other than the provider of the identity recovery service contract or an employee of the provider, who is responsible for the third-party administration of an identity recovery service contract.

(2)ii"Commission" means the Texas Commission of Licensing and Regulation.

(3)ii"Consumer" means an individual who, for a purpose other than resale, buys a motor vehicle that is:

(A)iidistributed in commerce; and

(B)iinormally used for personal, family, or household purposes and not for business or research purposes.

(4)ii"Department" means the Texas Department of Licensing and Regulation.

(5)ii"Executive director" means the executive director of the department.

(6)ii"Identity recovery" means a process, through a limited power of attorney and the assistance of an identity recovery expert, that returns the identity of an identity theft victim to pre-identity theft event status.

(7)ii"Identity recovery service contract holder" means a person who purchases or otherwise holds an identity recovery service contract.

(8)ii"Person" means an individual or an association, company, corporation, partnership, or other group.

(9)ii"Provider" means a person who is contractually obligated to an identity recovery service contract holder under the terms of an identity recovery service contract.

(10)ii"Reimbursement insurance policy" means a policy of insurance issued to a provider to:

(A)iireimburse the provider under an identity recovery service contract the provider issued or sold; or

(B)iipay on behalf of the provider all covered contractual obligations that are incurred by the provider under an identity recovery service contract the provider issued or sold and that the provider does not perform.

Sec.i1306.003.iiIDENTITY RECOVERY SERVICE CONTRACT. In this chapter, "identity recovery service contract" means an agreement:

(1)iito provide identity recovery;

(2)iithat is entered into for a separately stated consideration and for a specified term; and

(3)iithat is financed through a retail installment contract under Chapter 348, Finance Code.

Sec.i1306.004.iiCONTROLLING PERSON. (a) In this chapter, "controlling person" means an individual who:

(1)iipossesses direct or indirect control of at least 25 percent of the voting securities of a corporation;

(2)iipossesses the authority to set policy and direct the management of a business entity;

(3)iiis the president, the secretary, or a director of a corporation; or

(4)iiis a general partner of a partnership.

Tuesday, May 5, 2009 SENATE JOURNAL 2031


(b)iiAn individual who is a controlling person of a corporation or other business entity that is the general partner of a limited partnership is a controlling person of the limited partnership.

Sec.i1306.005.iiEXEMPTIONS. This chapter does not apply to:

(1)iian identity recovery service contract sold or offered for sale to a person who is not a consumer; or

(2)iian identity recovery service contract sold by a motor vehicle dealer on a motor vehicle sold by that dealer, if the dealer:

(A)iiis the provider;

(B)iiis licensed as a motor vehicle dealer under Chapter 2301; and

(C)iicovers its obligations under the identity recovery service contract with a reimbursement insurance policy.

Sec.i1306.006.iiEXEMPTIONS FROM CERTAIN OTHER LAWS. Marketing, selling, offering for sale, issuing, making, proposing to make, and administering an identity recovery service contract are exempt from the Insurance Code and other laws of this state regulating the business of insurance.

Sec.i1306.007.iiPURCHASE REQUIREMENT PROHIBITED. A person regulated by Chapter 2301 may not require the purchase of an identity recovery service contract as a condition of a loan or the sale of a vehicle.

Sec.i1306.008.iiGENERAL INVESTIGATIVE POWER OF EXECUTIVE DIRECTOR. (a) The executive director may investigate a provider, administrator, or other person as necessary to enforce this chapter and protect identity recovery service contract holders in this state.

(b)iiOn request of the executive director, a provider shall make the records required by Section 1306.105 available to the executive director as necessary to enable the executive director to reasonably determine compliance with this chapter.

[Sections 1306.009-1306.050 reserved for expansion]

SUBCHAPTER B. REGISTRATION REQUIREMENTS

Sec.i1306.051.iiREGISTRATION REQUIRED; EXEMPTION FROM OTHER LICENSING REQUIREMENTS. (a) A person may not operate as a provider or administrator of identity recovery service contracts sold in this state unless the person is registered with the department.

(b)iiExcept for the registration requirement of this subchapter, a provider, identity recovery service contract seller, administrator, or other person who markets, sells, or offers to sell identity recovery service contracts is exempt from any licensing requirement of this state that relates to an activity regulated under this chapter.

(c)iiIf a person registered under Chapter 1304 registers under Chapter 1306, the financial security used to comply with Section 1304.151 fulfills the requirements of Section 1306.101.

Sec.i1306.052.iiAPPLICATION FOR REGISTRATION OR RENEWAL; GENERAL REQUIREMENTS. (a) An applicant for registration or registration renewal must submit an application to the executive director.

(b)iiThe application must:

(1)iibe in the form prescribed by the executive director; and

2032 81st Legislature — Regular Session 51st Day


(2)iiinclude evidence satisfactory to the executive director of compliance with the applicable financial security requirements prescribed by Section 1306.101, if the application is for a provider registration or renewal.

(c)iiThe department may refuse to issue or renew a registration if the applicant or a controlling person of the applicant has violated this chapter or a rule adopted or order issued by the commission or executive director.

(d)iiA person who makes a false statement in an application or in any document provided with an application is subject to disciplinary action under Subchapter D, including denial of the application or suspension or revocation of a registration.

Sec.i1306.053.iiADDITIONAL REGISTRATION AND RENEWAL REQUIREMENTS FOR PROVIDERS. (a) In addition to the requirements of Section 1306.052, an applicant for issuance or renewal of a provider registration must file with the application:

(1)iithe reimbursement insurance policy required by Section 1306.102, if the provider is using a reimbursement insurance policy; and

(2)iia biographical affidavit, in a form prescribed by the executive director, for each controlling person of the provider.

(b)iiThe executive director may not issue or renew a registration to a provider unless the provider provides evidence to the executive director that:

(1)iieach controlling person of the provider is trustworthy and can competently manage the affairs of the provider in compliance with this chapter; and

(2)iithe provider can meet the provider's obligations under identity recovery service contracts and this chapter.

Sec.i1306.054.iiFEES. (a) As prescribed by this section, a provider must pay annual registration and renewal fees and quarterly fees based on the number of identity recovery service contracts sold or issued and in force in this state. As prescribed by this section, an administrator must pay annual registration and renewal fees.

(b)iiTo register or renew a registration, a provider or administrator must pay the appropriate fee. The commission shall set by rule the amounts of the registration and renewal fees required to cover the costs of administering this chapter.

(c)iiNot later than the 30th day after the date each calendar quarter ends, a provider must report to the department the number of identity recovery service contracts sold or issued to consumers in this state during the calendar quarter and submit to the department a fee equal to $1 for each of those contracts.

(d)iiThe information concerning the number of identity recovery service contracts sold or issued by a provider that is submitted under Subsection (c):

(1)iiis a trade secret to which Section 552.110, Government Code, applies; and

(2)iimay be used only by the executive director and the department for the purposes of this section.

(e)iiThe commission shall adopt rules to implement this section.

Sec.i1306.055.iiRENEWAL. The commission shall adopt rules regarding the renewal of a registration issued under this chapter.

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[Sections 1306.056-1306.100 reserved for expansion]

SUBCHAPTER C. PRACTICE BY IDENTITY RECOVERY SERVICE CONTRACT PROVIDERS AND ADMINISTRATORS

Sec.i1306.101.iiFINANCIAL SECURITY REQUIREMENTS. (a) To ensure the faithful performance of a provider's obligations to its identity recovery service contract holders, each provider must:

(1)iiinsure the provider's identity recovery service contracts under a reimbursement insurance policy issued by an insurer authorized to transact insurance in this state or by a surplus lines insurer eligible to place coverage in this state under Chapter 981, Insurance Code;

(2)iimaintain a funded reserve account covering the provider's obligations under its identity recovery service contracts that are issued and outstanding in this state and place in trust with the executive director a financial security deposit consisting of:

(A)iia surety bond issued by an authorized surety;

(B)iisecurities of the type eligible for deposit by an authorized insurer in this state;

(C)iia statutory deposit of cash or cash equivalents;

(D)iia letter of credit issued by a qualified financial institution; or

(E)iianother form of security prescribed by rules adopted by the commission; or

(3)iimaintain, or have a parent company that maintains, a net worth or stockholders' equity of at least $100 million.

(b)iiIf the provider ensures its obligations under Subsection (a)(2), the amount maintained in the reserve account may not be less than an amount equal to 40 percent of the gross consideration the provider received from consumers from the sale of all identity recovery service contracts issued and outstanding in this state, minus any claims paid. The executive director may review and examine the reserve account. The amount of the security deposit may not be less than the greater of:

(1)ii$25,000; or

(2)iian amount equal to five percent of the gross consideration the provider received from consumers from the sale of all identity recovery service contracts issued and outstanding in this state, minus any claims paid.

(c)iiIf the provider ensures its obligations under Subsection (a)(3), the provider must give to the executive director on request:

(1)iia copy of the provider's or the provider's parent company's most recent Form 10-K or Form 20-F filed with the Securities and Exchange Commission within the preceding calendar year; or

(2)iiif the provider or the provider's parent company does not file with the Securities and Exchange Commission, a copy of the provider's or the provider's parent company's audited financial statements showing a net worth of the provider or its parent company of at least $100 million.

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(d)iiIf the provider's parent company's Form 10-K, Form 20-F, or audited financial statements are filed to show that the provider meets the financial security requirement, the parent company shall agree to guarantee the obligations of the provider relating to identity recovery service contracts sold by the provider in this state.

(e)iiThe executive director may not require a provider to meet any additional financial security requirement.

Sec.i1306.102.iiREIMBURSEMENT INSURANCE POLICY. (a) A reimbursement insurance policy that a provider uses to comply with Sections 1306.053 and 1306.101(a)(1) must state that:

(1)iithe insurer that issued the policy shall:

(A)iireimburse or pay on behalf of the provider any covered amount the provider is legally obligated to pay; or

(B)iiprovide the service that the provider is legally obligated to perform according to the provider's contractual obligations under the insured identity recovery service contract;

(2)iiif the covered service is not provided to an identity recovery service contract holder before the 61st day after the date of proof of loss, the insurer shall pay the covered amount directly to the identity recovery service contract holder or provide the required service; and

(3)iiif a refund is not paid to the identity recovery service contract holder or credited to the identity recovery service contract holder's account as required by Section 1306.108, the insurer, after receiving written notice, shall pay the refund amount directly to the identity recovery service contract holder.

(b)iiFor a reimbursement insurance policy to comply with Section 1306.101(a)(1), the insurer issuing the policy must:

(1)iimaintain surplus as to policyholders and paid-in capital of at least $15 million and annually file with the executive director copies of the insurer's audited financial statements, National Association of Insurance Commissioners annual statement, and actuarial certification if the certification is required and filed in the insurer's state of domicile; or

(2)iimaintain surplus as to policyholders and paid-in capital of at least $10 million but not more than $15 million, demonstrate to the satisfaction of the executive director that the insurer maintains a ratio of net written premiums, wherever written, to surplus as to policyholders and paid-in capital of not more than three to one, and annually file with the executive director copies of the insurer's audited financial statements, National Association of Insurance Commissioners annual statement, and actuarial certification if the certification is required and filed in the insurer's state of domicile.

(c)iiThe insurer may not cancel the reimbursement insurance policy until the insurer delivers to the provider and the executive director a written notice of cancellation that complies with the notice requirements prescribed by Subchapters B and C, Chapter 551, Insurance Code, for cancellation of an insurance policy under those subchapters. Cancellation of the policy does not affect the insurer's liability for an identity recovery service contract issued by the provider and insured under the policy before the effective date of the cancellation.

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(d)iiIf the insurer or provider cancels the reimbursement insurance policy, the provider named on the policy may not issue a new identity recovery service contract after the effective date of the cancellation unless:

(1)iithe provider files with the executive director a copy of a new policy that meets the requirements of this section and that provides coverage after that date; or

(2)iithe provider complies with other financial security requirements provided by Section 1306.101(a).

(e)iiA provider is considered the agent of an insurer that issues a reimbursement insurance policy for purposes of obligating the insurer to the identity recovery service contract holder in accordance with the identity recovery service contract and this chapter. The insurer issuing the reimbursement insurance policy is considered to have received the premium for the policy on the date the identity recovery service contract holder pays the purchase price of the identity recovery service contract.

(f)iiThis chapter does not prevent or limit the right of the insurer to seek indemnification or subrogation against a provider for any amount the insurer pays or is obligated to pay to an identity recovery service contract holder on behalf of the provider.

(g)iiIn this section, "net written premiums" means the sum of direct written premiums and assumed reinsurance premiums, minus ceded reinsurance premiums.

Sec.i1306.103.iiAPPOINTMENT AND RESPONSIBILITIES OF ADMINISTRATOR. (a) A provider may appoint an administrator registered under this chapter to be responsible for:

(1)iiall or any part of the administration or sale of identity recovery service contracts; and

(2)iicompliance with this chapter, except for Section 1306.101.

(b)iiThe appointment of an administrator under this section does not affect a provider's responsibility to comply with this chapter.

Sec.i1306.104.iiPROVIDER REQUIREMENTS. A provider may not sell, offer for sale, or issue an identity recovery service contract in this state unless the provider gives the identity recovery service contract holder:

(1)iia receipt for, or other written evidence of, the purchase of the contract; and

(2)iia copy of the contract within a reasonable period after the date of purchase.

Sec.i1306.105.iiPROVIDER RECORDS. (a) A provider shall maintain accurate accounts, books, and other records regarding transactions regulated under this chapter. The provider's records must include:

(1)iia copy of each unique form of identity recovery service contract sold;

(2)iithe name and address of each identity recovery service contract holder who provided the holder's name and address;

(3)iia list of each location at which the provider's identity recovery service contracts are marketed, sold, or offered for sale; and

(4)iiwritten claims files that contain at least the date and a description of each claim related to the identity recovery service contracts.

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(b)iiThe records required by this section may be maintained in an electronic medium or through other recordkeeping technology. If a record is not in a hard copy, the provider must be able to reformat the record into a legible hard copy at the request of the executive director.

(c)iiExcept as provided by Subsection (d), a provider shall retain the records required by this section until at least the first anniversary of the expiration date of the specified period of coverage under the identity recovery service contract.

(d)iiA provider that discontinues business in this state shall retain its records until the provider furnishes the executive director with proof satisfactory to the executive director that the provider has discharged all obligations to identity recovery service contract holders in this state.

(e)iiAn administrator appointed to maintain the provider's records is responsible for compliance with this section to the same extent as the provider.

Sec.i1306.106.iiFORM OF IDENTITY RECOVERY SERVICE CONTRACT AND REQUIRED DISCLOSURES. (a) An identity recovery service contract marketed, sold, offered for sale, issued, made, proposed to be made, or administered in this state must:

(1)iibe written, printed, or typed in clear, understandable language that is easy to read;

(2)iistate the name and address of the provider;

(3)iistate the purchase price of the contract and the terms under which the contract is sold;

(4)iistate the terms and restrictions governing cancellation of the contract by the provider or the identity recovery service contract holder before the expiration date of the contract;

(5)iiidentify:

(A)iiany administrator;

(B)iithe contract seller; and

(C)iithe identity recovery service contract holder, if the identity recovery service contract holder provides the holder's name;

(6)iistate the amount of any deductible;

(7)iispecify the services to be provided under the contract and any limitation, exception, or exclusion;

(8)iispecify any restriction governing the transferability of the contract; and

(9)iistate the duties of the identity recovery service contract holder, including any duty to protect against any further damage and any requirement to follow the instructions in the identity recovery service contract.

(b)iiThe identity of a person described by Subsection (a)(5) is not required to be preprinted on the identity recovery service contract and may be added to the contract at the time of sale.

(c)iiThe purchase price is not required to be preprinted on the identity recovery service contract and may be negotiated with the identity recovery service contract holder at the time of sale.

(d)iiAn identity recovery service contract insured under a reimbursement insurance policy under Section 1306.102 must:

(1)iistate the name and address of the insurer;

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(2)iistate that the identity recovery service contract holder may apply for reimbursement directly to the insurer if:

(A)iia covered service is not provided to the identity recovery service contract holder by the provider before the 61st day after the date of proof of loss; or

(B)iia refund or credit is not paid before the 46th day after the date on which the contract is returned to the provider under Section 1306.107; and

(3)iicontain a statement substantially similar to the following: "Obligations of the provider under this identity recovery service contract are insured under an identity recovery service contract reimbursement insurance policy."

(e)iiAn identity recovery service contract that is not insured under a reimbursement insurance policy must contain a statement substantially similar to the following: "Obligations of the provider under this identity recovery service contract are backed by the full faith and credit of the provider."

Sec.i1306.107.iiRETURNING AN IDENTITY RECOVERY SERVICE CONTRACT. An identity recovery service contract must require the provider to allow the identity recovery service contract holder to return the contract to the provider not later than:

(1)iithe 20th day after the date the contract is mailed to the identity recovery service contract holder; or

(2)iithe 10th day after the date of delivery, if the contract is delivered to the identity recovery service contract holder at the time of sale.

Sec.i1306.108.iiVOIDING AN IDENTITY RECOVERY SERVICE CONTRACT. (a) If an identity recovery service contract holder returns an identity recovery service contract in accordance with Section 1306.107 and a claim has not been made under the contract before the contract is returned, the contract is void.

(b)iiAn identity recovery service contract holder may void the identity recovery service contract at a later time as provided by the contract.

(c)iiIf an identity recovery service contract is voided under Subsection (a), the provider shall refund to the identity recovery service contract holder or credit to the account of the identity recovery service contract holder the full purchase price of the contract. If the provider does not pay the refund or credit the identity recovery service contract holder's account before the 46th day after the date the contract is returned to the provider, the provider is liable to the identity recovery service contract holder for a penalty each month an amount remains outstanding. The monthly penalty may not exceed 10 percent of the amount outstanding.

(d)iiThe right to void an identity recovery service contract is not transferable.

Sec.i1306.109.iiCANCELING AN IDENTITY RECOVERY SERVICE CONTRACT. (a) A provider may cancel an identity recovery service contract by mailing a written notice of cancellation to the identity recovery service contract holder at the identity recovery service contract holder's last known address according to the records of the provider. The provider must mail the notice before the fifth day preceding the effective date of the cancellation. The notice must state the effective date of the cancellation and the reason for the cancellation.

(b)iiThe provider is not required to provide prior notice of cancellation if the identity recovery service contract is canceled because of:

(1)iinonpayment of the consideration for the contract;

2038 81st Legislature — Regular Session 51st Day


(2)iia material misrepresentation by the identity recovery service contract holder to the provider; or

(3)iia substantial breach of a duty by the identity recovery service contract holder.

Sec.i1306.110.iiLIMITATIONS ON PROVIDER NAME. (a) A provider may not use a name that:

(1)iiincludes "insurance," "casualty," "surety," or "mutual" or any other word descriptive of the insurance, casualty, or surety business; or

(2)iiis deceptively similar to the name or description of an insurance or surety corporation or to the name of any other provider.

(b)iiA provider may include in its name "guaranty" or a similar word.

(c)iiThis section does not apply to a provider that, before September 1, 2009, included a word prohibited under this section in its name. A provider described by this subsection must include in each identity recovery service contract a statement substantially similar to the following: "This agreement is not an insurance contract."

Sec.i1306.111.iiMISLEADING STATEMENTS PROHIBITED. A provider or the provider's representative may not, in the provider's identity recovery service contracts or literature:

(1)iimake, permit, or cause to be made any false or misleading statement; or

(2)iideliberately omit a material statement if the omission would be considered misleading.

[Sections 1306.112-1306.150 reserved for expansion]

SUBCHAPTER D. DISCIPLINARY ACTION

Sec.i1306.151.iiDISCIPLINARY ACTION. On a finding that a ground for disciplinary action exists under this chapter, the commission may impose an administrative sanction, including an administrative penalty as provided by Subchapter F, Chapter 51.

Sec.i1306.152.iiINJUNCTIVE RELIEF; CIVIL PENALTY. (a) The executive director may institute an action under Section 51.352 for injunctive relief to restrain a violation or a threatened violation of this chapter or an order issued or rule adopted under this chapter.

(b)iiIn addition to the injunctive relief provided by Subsection (a), the executive director may institute an action for a civil penalty as provided by Section 51.352. The amount of a civil penalty assessed under this section may not exceed:

(1)ii$2,500 for each violation; or

(2)ii$50,000 in the aggregate for all violations of a similar nature.

Sec.i1306.153.iiMULTIPLE VIOLATIONS. For purposes of this subchapter, violations are of a similar nature if the violations consist of the same or a similar course of conduct, action, or practice, regardless of the number of times the conduct, act, or practice occurred.

Sec.i1306.154.iiADMINISTRATIVE PROCEDURE. Sections 51.305, 51.310, and 51.354 apply to disciplinary action taken under this chapter.

SECTIONi4.iiSection 2306.003, Occupations Code, is amended by adding Subsection (c) to read as follows:

Tuesday, May 5, 2009 SENATE JOURNAL 2039


(c)iiA vehicle protection product may also include identity recovery, as defined by Section 1306.002, if the vehicle protection product is financed under Chapter 348, Finance Code.

SECTIONi5.ii(a) The change in law made by this Act applies to an identity recovery service contract entered into on or after January 1, 2010. An identity recovery service contract entered into before January 1, 2010, is covered by the law in effect on the date the contract was entered into, and the former law is continued in effect for that purpose.

(b)iiNot later than November 1, 2009, the Texas Commission of Licensing and Regulation shall adopt rules to implement Chapter 1306, Occupations Code, as added by this Act.

SECTIONi6.ii(a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2009.

(b)iiSection 1306.051 and Subchapter D, Chapter 1306, Occupations Code, as added by this Act, take effect January 1, 2010.

The amendment was read.

Senator Watson moved to concur in the House amendment to SBi778.

The motion prevailed by the following vote:iiYeasi29, Naysi0.

Absent-excused:iiAveritt, VanideiPutte.

PERMISSION TO INTRODUCE BILL

On motion of Senator Watson and by unanimous consent, Senate Rule 7.07(b) was suspended to permit the introduction of the following bill:iiSBi2576.

(President Pro Tempore Duncan in Chair)

COMMITTEEiiSUBSTITUTE
SENATE BILL 1570 ON SECOND READING

Senator Carona moved to suspend the regular order of business to take up for consideration CSSBi1570 at this time on its second reading:

CSSB 1570, Relating to the facilitation, analysis, and implementation of high-speed passenger rail in this state.

The motion prevailed.

Senators Duncan, Huffman, and Ogden asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time and was passed to engrossment by a viva voce vote.

All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:iiDuncan, Hegar, Huffman, Ogden.

Absent-excused:iiAveritt, VanideiPutte.

2040 81st Legislature — Regular Session 51st Day


COMMITTEEiiSUBSTITUTE
SENATE BILL 1570 ON THIRD READING

Senator Carona moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi1570 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi26, Naysi3.

Yeas:iiCarona, Davis, Deuell, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hegar, Hinojosa, Jackson, Lucio, Nelson, Nichols, Patrick, Seliger, Shapiro, Shapleigh, Uresti, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

Nays:iiDuncan, Huffman, Ogden.

Absent-excused:iiAveritt, VanideiPutte.

The bill was read third time and was passed by the following vote:iiYeasi25, Naysi4.

Yeas:iiCarona, Davis, Deuell, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lucio, Nelson, Nichols, Patrick, Seliger, Shapiro, Shapleigh, Uresti, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

Nays:iiDuncan, Hegar, Huffman, Ogden.

Absent-excused:iiAveritt, VanideiPutte.

VOTE RECONSIDERED ON
COMMITTEEiSUBSTITUTE SENATE BILL 2351

On motion of Senator Ogden and by unanimous consent, the vote by which CSSBi2351 was finally passed was reconsidered:

CSSB 2351, Relating to a student health services fee at component institutions of The Texas A&M University System and to authorizing the financing, construction, maintenance, and improvement of health facilities with the fee at the institutions.

Question — Shall CSSB 2351 be finally passed?

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 1 on Third Reading

Amend CSSB 2351 (Senate committee printing) on third reading in SECTION 2 of the bill, on page 1, line 40 by striking "September" and substituting "January".

The amendment to CSSB 2351 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1 on Third Reading except as follows:

Absent-excused:iiAveritt, VanideiPutte.

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

CSSB 2351 as amended was again finally passed by the following vote:iiYeasi27, Naysi2.

Tuesday, May 5, 2009 SENATE JOURNAL 2041


Yeas:iiCarona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Harris, Hinojosa, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, Shapleigh, Uresti, Watson, Wentworth, West, Whitmire, Williams, Zaffirini.

Nays:iiHegar, Huffman.

Absent-excused:iiAveritt, VanideiPutte.

COMMITTEEiiSUBSTITUTE
SENATE BILL 1598 ON SECOND READING

Senator Watson moved to suspend the regular order of business to take up for consideration CSSBi1598 at this time on its second reading:

CSSB 1598, Relating to an agreement authorizing a nonparent relative of a child to make certain decisions regarding the child; providing a penalty.

The motion prevailed.

Senators Harris, Patrick, and Williams asked to be recorded as voting "Nay" on suspension of the regular order of business.

The bill was read second time.

Senator Ogden offered the following amendment to the bill:

Floor Amendment No. 1

Amend CSSB 1598, in SECTION 1 of the bill, as follows:

(1)iiIn proposed Sec. 34.002, Family Code, add Subsection (c) to read as follows:

(c)iiAn authorization agreement under this chapter does not confer on a relative of the child listed in Section 34.001 the right to authorize the performance of an abortion on the child or the administration of emergency contraception to the child.;

(2)iiIn proposed Sec. 34.003(b)(10), on page 3, line 12, strike "and";

(3)iiIn proposed Sec. 34.003(b)(11), on page 3, line 18, strike "." and insert "; and"; and

(4)iiIn proposed Sec. 34.003(b), on page 3, between lines 18 and 19, insert new (12) to read as follows:

(12)iithat the authorization agreement does not confer on a relative of the child the right to authorize the performance of an abortion on the child or the administration of emergency contraception to the child.

The amendment to CSSB 1598 was read and was adopted by a viva voce vote.

All Members are deemed to have voted "Yea" on the adoption of Floor Amendment No. 1 except as follows:

Absent-excused:iiAveritt, VanideiPutte.

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

CSSB 1598 as amended was passed to engrossment by a viva voce vote.

2042 81st Legislature — Regular Session 51st Day


All Members are deemed to have voted "Yea" on the passage to engrossment except as follows:

Nays:iiHarris, Patrick, Williams.

Absent-excused:iiAveritt, VanideiPutte.

COMMITTEEiiSUBSTITUTE
SENATE BILL 1598 ON THIRD READING

Senator Watson moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSBi1598 be placed on its third reading and final passage.

The motion prevailed by the following vote:iiYeasi26, Naysi3.

Yeas:iiCarona, Davis, Deuell, Duncan, Ellis, Eltife, Estes, Fraser, Gallegos, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Seliger, Shapiro, Shapleigh, Uresti, Watson, Wentworth, West, Whitmire, Zaffirini.

Nays:iiHarris, Patrick, Williams.

Absent-excused:iiAveritt, VanideiPutte.

The bill was read third time and was passed by the following vote:iiYeasi26, Naysi3. (Same as previous roll call)

SENATE BILL ON FIRST READING

The following bill was introduced, read first time, and referred to the committee indicated:

SB 2576 by Watson

Relating to the authority of a commissioner of the Texas Workforce Commission.

To Committee on Economic Development.

HOUSE BILLS AND RESOLUTION ON FIRST READING

The following bills and resolution received from the House were read first time and referred to the committees indicated:

HB 78 to Committee on Intergovernmental Relations.

HB 167 to Committee on Criminal Justice.

HB 410 to Committee on Criminal Justice.

HB 1058 to Committee on State Affairs.

HB 1324 to Committee on International Relations and Trade.

HB 1433 to Committee on Natural Resources.

HB 1487 to Committee on Health and Human Services.

HB 1526 to Committee on Natural Resources.

HB 1749 to Committee on Transportation and Homeland Security.

HB 2063 to Committee on Natural Resources.

HB 2083 to Committee on Finance.

HB 2149 to Committee on State Affairs.

HB 2236 to Committee on Criminal Justice.

HB 2386 to Committee on Criminal Justice.

HB 2490 to Committee on Transportation and Homeland Security.

Tuesday, May 5, 2009 SENATE JOURNAL 2043


HB 4314 to Committee on Criminal Justice.

HB 4593 to Committee on Agriculture and Rural Affairs.

HB 4789 to Committee on Intergovernmental Relations.

HJR 116 to Committee on Veteran Affairs and Military Installations.

SESSION TO CONSIDER EXECUTIVE APPOINTMENTS

The President Pro Tempore announced the time had arrived to consider executive appointments to agencies, boards, and commissions. Notice of submission of these names for consideration was given yesterday by Senator Jackson.

Senator Jackson moved confirmation of the nominees reported yesterday by the Committee on Nominations.

The President Pro Tempore asked if there were requests to sever nominees.

Senator Shapleigh requested that the following nominee be severed:

Member, Texas Commission on Environmental Quality:iiBryan Webb Shaw, Williamson County.

The request was granted.

NOMINEES CONFIRMED

The following nominees, not severed and reported yesterday by the Committee on Nominations, were confirmed by the following vote:iiYeasi29, Naysi0.

Absent-excused:iiAveritt, Van de Putte.

Members, Texas Medical Board:iiDavid Baucom, Hopkins County; Patrick J. Crocker, Travis County; John D. Ellis, Jr., Harris County; Manuel G. Guajardo, M.D., P.A., Cameron County; James "Scott" Holliday, D.O., Dallas County; Allan N. Shulkin, Dallas County; Wynne McCallie Snoots, Dallas County; Timothy J. Turner, Harris County; George Willeford, Travis County.

Judge, 141st Judicial District Court, Tarrant County:iiJohn Parrish Chupp, Tarrant County.

Presiding Judge, Second Administrative Judicial Region:iiOlen U. Underwood, Montgomery County.

Members, Aging and Disability Services Council:iiGlyn S. Crane, Gregg County; Carolyn Harvey, Smith County; Ann Schneider, Travis County; James Russell Shannon, Andrews County; David E. Young, Dallas County.

Members, Assistive and Rehabilitative Services Council:iiLee Chayes, El Paso County; David Coco, Williamson County; Diego Demaya, Harris County; Berkley Dyer, Travis County; Donald Dennis Roy, Titus County; Mary Taylor "Jody" Unruh, Harris County.

Members, Oversight Committee, Cancer Prevention and Research Institute of Texas:iiMalcolm Gillis, Harris County; Faith Simmons Johnson, Dallas County; Scott Curtis Sanders, Hays County.

2044 81st Legislature — Regular Session 51st Day


Members, Board of Directors, Central Colorado River Authority:iiBilly Bledsoe, Coleman County; Mathew Kemper Gaines, Coleman County; Kimberly Ethetton Horne, Coleman County; Willis N. Hudson, Coleman County; Patrick Shane Justiss, Coleman County; David "Lance" McWhorter, Coleman County; Roger Nelson, Coleman County; Bruce N. Pittard, Coleman County; Andrew Mark Young, Coleman County.

Member, Correctional Managed Health Care Committee:iiGerald Evenwel, Jr., Titus County.

Members, Credit Union Commission:iiDavid Jesus Cibrian, Bexar County; GaryiL. Janacek, Bell County; A. John Yoggerst, Bexar County.

Members, Board of Directors, Family and Protective Services Council:iiChristina Rawls Martin, Hidalgo County; Imogen Sherman Papadopoulos, Harris County; Scott Rosenbach, Potter County.

Member, Judicial Compensation Commission:iiCruz G. Hernandez, Tarrant County.

Members, Board of Directors, Lavaca-Navidad River Authority:iiJon E. Bradford, Jackson County; Sherry Kay Frels, Jackson County; Olivia R. Jarratt, Jackson County.

Members, Board of Directors, Lower Colorado River Authority:iiSteve K. Balas, Colorado County; Lori A. Berger, Fayette County; John C. Dickerson III, Matagorda County; Rebecca Armendariz Klein, Bexar County; Tom Martine, Blanco County; Michael G. McHenry, San Saba County; Vernon Earl "Buddy" Schrader, Llano County; Richard R. Scott, Hays County; Franklin Scott Spears, Jr., Travis County; Timothy Theodor Timmerman, Travis County; Kathleen Hartnett White, Bastrop County.

Members, Board of Directors, Lower Neches Valley Authority:iiLonnie Arrington, Jefferson County; Brian Babin, Tyler County; Steven M. McReynolds, Jefferson County; Matthew McDade Phelan, Jefferson County; Jordan William ReeseiIV, Jefferson County; James Olan Webb, Hardin County.

Members, Manufactured Housing Board:iiDevora Denice Mitchell, Winkler County; Paul "Pablo" Schneider, Collin County; Sheila M. Vallés-Pankratz, Hidalgo County; Donnie W. Wisenbaker, Hopkins County.

Members, Board of Directors, Nueces River Authority:iiW. Scott Bledsoe III, Live Oak County; Karen Olsen Bonner, Nueces County; Rebecca Bradford, Nueces County; Fernando Camarillo, Bexar County; Manuel D. Cano, Nueces County; JoeiM. Cantu, Bandera County; James T. Clancy, San Patricio County; William I. Dillard, Uvalde County; Robert M. "Bobby" Dullnig, Bexar County; John W. Galloway, Bee County; Gary A. Jones, Bee County; Lindsey Alfred Koenig, Jim Wells County; DaniS. Leyendecker, Nueces County; Scott James Petty, Medina County; Curt William Raabe, Wilson County; Thomas M. Reding, Jr., San Patricio County; Roxana Proctor Tom, Atascosa County.

Inspector General, Office of Inspector General, Health and Human Services Commission:iiKelly Bart Bevers, Williamson County.

Tuesday, May 5, 2009 SENATE JOURNAL 2045


Members, Real Estate Research Advisory Committee:iiMona Reichelt Bailey, Tarrant County; James Michael Boyd, Harris County; Louis A. "Tony" Cortes, Bexar County; Joe Bob McCartt, Potter County; Kathleen McKenzie Owen, Bandera County; Ronald Charles Wakefield, Bexar County.

Members, Board of Directors, Red River Authority of Texas:iiNathan James "Jim" BelliIV, Lamar County; Elizabeth C. "Lisa" Brent, Potter County; C. Cole Camp, Potter County; Penny Cogdell Carpenter, Briscoe County; Jerry B. Daniel, Knox County; Billy Mayfield McCraw II, Fannin County; George Wilson Scaling II, Clay County; Clyde M. Siebman, Grayson County; Cliff A. Skiles, Jr., D.V.M., Dallam County.

Members, Board of Directors, Rio Grande Regional Water Authority:iiJoe A. Barrera III, Cameron County; Dario V. Guerra, Jr., Hidalgo County; Wayne Morris Halbert, Cameron County; Paul Glen Heller, Hidalgo County; Sonny Hinojosa, Hidalgo County; Sonia Kaniger, Cameron County; Brian E. Macmanus, Cameron County; Joe A. Pennington, Willacy County; Roel Rodriguez, Hidalgo County; Samuel Robert Sparks, Jr., Cameron County; Jimmie E. Steidinger, Hidalgo County; Frank "JoJo" White, Hidalgo County.

Members, Risk Management Board:iiErnest C. Garcia, Travis County; Lloyd M. Garland, M.D., Lubbock County; Ruben W. Hope, Jr., Montgomery County; KennethiN. Mitchell, El Paso County.

Members, Board of Directors, Sabine River Authority:iiDon O. Covington, Orange County; J. D. Jacobs, Jr., Rockwall County; David Wayne Koonce, Shelby County; Cliff R. Todd, Panola County; Clarence Earl Williams, Orange County.

Members, Board of Directors, San Jacinto River Authority:iiDavid Carl Kleimann, Montgomery County; Robert Gary Montgomery, Montgomery County; Joe Stunja, Harris County; Lloyd B. Tisdale, Montgomery County; Joseph Vester Turner, Montgomery County.

Members, State Health Services Council:iiKirk Aquilla Calhoun, M.D., Smith County; Lewis E. Foxhall, M.D., Harris County; Glenda Rubin Kane, Nueces County; Nasruddin Rupani, Fort Bend County; David Woolweaver, M.S.D., Cameron County.

Members, Board of Regents, The Texas A&M University System:iiPhillip David Adams, Brazos County; Richard Arthur Box, D.D.S., Travis County; Morris Edwin Foster, Harris County; Bill Jones, Travis County; James Eugene Schwertner, Jr., Travis County; James P. Wilson, Jr., Fort Bend County.

Members, Texas Board of Professional Geoscientists:iiKelly Krenz Doe, Galveston County; Ben Harris, Collin County; Charles Saron Knobloch, Harris County.

Members, Texas Council on Autism and Pervasive Developmental Disorders:iiMichael R. Bernoski, Williamson County; Rick L. Campbell, Shelby County; Anna Penn Hundley, Dallas County; Frank C. McCamant, Travis County; Pamela Rollins, Dallas County; Stephanie Sokolosky, Lubbock County; Manuel M. Vela, Cameron County.

2046 81st Legislature — Regular Session 51st Day


Members, Governing Board, Texas Department of Housing and Community Affairs:iiLeslie Bingham Escareño, Cameron County; Tomas Cardenas, Jr., P.E., El Paso County; C. Kent Conine, Dallas County; Tom H. Gann, Angelina County; Juan Sanchez Munoz, Lubbock County.

Members, Board of Directors, Texas Economic Development Corporation:iiVictor E. Leal, Randall County; Tracye McDaniel, Harris County.

Members, Texas Facilities Commission:iiMalcolm E. Beckendorff, Harris County; William Derek Darby, Harris County; Virginia I. Hermosa, Travis County; Brant C. Ince, Dallas County.

Members, Texas Industrialized Building Code Council:iiRobert L. Bowling IV, El Paso County; Joe D. Campos, Dallas County; Randall R. Childers, McLennan County; Mark George Delaney, Harris County; Amy Dempsey, Travis County; MartiniJ. Garza, Bexar County; Michael Mount, Denton County; Mark Remmert, Williamson County; Rolando R. Rubiano, P.E., Cameron County; Ravi Shah, Denton County; Larry E. Wilkinson, Galveston County.

Members, Texas Low-Level Radioactive Waste Disposal Compact Commission:iiRichard H. Dolgener, Andrews County; Michael S. Ford, Randall County; Bob Gregory, Travis County; Kenneth Lee Peddicord, Brazos County; JohniC. White, Collin County; Robert C. Wilson, Caldwell County.

Members, Board of Directors, Texas Public Finance Authority:iiGerald Byron Alley, Tarrant County; Rodney Keith Moore, Angelina County; Gary Eugene Wood, Travis County.

Members, Texas Racing Commission:iiRonald F. Ederer, Bexar County; Gloria Hicks, Nueces County; Thomas Latham, Dallas County; Rolando B. Pablos, Bexar County; Robert Herman Schmidt, Tarrant County; Vicki Smith Weinberg, Tarrant County.

Members, Board of Regents, Texas Southern University:iiSamuel Lee Bryant, Travis County; Dionicio "Don" Flores, El Paso County; Richard Knight, Jr., Dallas County; Curtistene Smith McCowan, Dallas County; Tracye McDaniel, Harris County.

Members, Board of Directors, Texas State Affordable Housing Corporation:iiWilliam Henry "Bill" Dietz, Jr., McLennan County; Robert Elliott Jones, Nueces County; A. Cynthia Leon, Hidalgo County; Raymond Carter "Sandy" Sanders, Williamson County.

Members, Texas State Board of Pharmacy:iiBuford T. Abeldt, Sr., Angelina County; L. Suzan Kedron, Dallas County; Dennis Wiesner, Travis County.

Member, Texas State Library and Archives Commission:iiLarry Gene Holt, Brazos County.

Members, Texas Workforce Commission:iiAndres Alcantar, Travis County; Thomas W. Pauken, Dallas County.

Tuesday, May 5, 2009 SENATE JOURNAL 2047


NOMINEE CONFIRMED

The following severed nominee, reported yesterday by the Committee on Nominations, was confirmed by the following vote:iiYeasi22, Naysi7.

Yeas:iiCarona, Deuell, Duncan, Eltife, Estes, Fraser, Harris, Hegar, Hinojosa, Huffman, Jackson, Lucio, Nelson, Nichols, Ogden, Patrick, Seliger, Shapiro, Wentworth, West, Whitmire, Williams.

Nays:iiDavis, Ellis, Gallegos, Shapleigh, Uresti, Watson, Zaffirini.

Absent-excused:iiAveritt, VanideiPutte.

Member, Texas Commission on Environmental Quality:iiBryan Webb Shaw, Williamson County.

BILLS AND RESOLUTIONS SIGNED

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

SBi187, SCRi55, SCRi61, SCRi66, HBi806, HBi2433.

SENATE RULES SUSPENDED

(Posting Rules)

On motion of Senator West and by unanimous consent, Senate Rule 11.10(a) and Senate Rule 11.18(a) were suspended in order that the Committee on Intergovernmental Relations might meet and consider SBi2209 tomorrow.

RESOLUTIONS OF RECOGNITION

The following resolutions were adopted by the Senate:

Memorial Resolution

SRi836iby Hinojosa,iIn memory of Penny Payte McLeaish of McAllen.

Congratulatory Resolutions

SRi839iby Nelson,iRecognizing Gene Carey of Lewisville on the occasion of his retirement.

SRi840iby Deuell,iRecognizing James Tucker of Quinlan on the occasion of his graduation from the Texas School for the Deaf.

SRi843iby Watson,iRecognizing Joshua Allen Ingersoll of Austin for his service to this country.

SRi844iby Ellis,iRecognizing Abbie Jordana Kamin on the occasion of her graduation from Tulane University.

SRi845iby Ellis,iRecognizing Matthew Meredith Seliger on the occasion of his graduation from Amarillo High School.

SRi846iby Ellis,iRecognizing Akila Haley-Pinder of Houston on the occasion of her graduation from the Texas School for the Deaf.

SRi847iby Hinojosa,iCongratulating the Hidalgo Early College High School boys' soccer team for winning a Class 4A state championship.

2048 81st Legislature — Regular Session 51st Day


SRi848iby VanideiPutte,iCommending National Image, Incorporated, for its contributions to disabled veterans.

SRi849iby Davis,iRecognizing Chris and Diann Stadler for having the Big Greene Tree designated as a Fort Worth Heritage Tree.

Official Designation Resolution

SRi838iby Nelson,iObserving May, 2009, as Trauma Awareness Month and May 17 through 23, 2009, as Emergency Medical Services Week.

ADJOURNMENT

On motion of Senator Whitmire, the Senate at 2:31ip.m. adjourned until 11:00ia.m. tomorrow.


AAAPPENDIXAA


COMMITTEE REPORTS

The following committee reports were received by the Secretary of the Senate in the order listed:

May 5, 2009

CRIMINAL JUSTICE — CSSBi2037

HEALTH AND HUMAN SERVICES — CSSBi8

BUSINESS AND COMMERCE — CSSBi2136

CRIMINAL JUSTICE — CSSBi1454

FINANCE — HBi1205, SBi2567

ECONOMIC DEVELOPMENT — HBi3519

BUSINESS AND COMMERCE — CSSBi853

HEALTH AND HUMAN SERVICES — HCRi88, HBi415, CSHBi448, HBi1240, CSHBi1363, HBi1454, HBi1574, CSSBi204, CSSBi1536, SBi1722, CSSBi1723, CSSBi1816

NATURAL RESOURCES — CSSBi1425

INTERGOVERNMENTAL RELATIONS — HBi1300, CSSBi1621

BILLS ENGROSSED

May 4, 2009

SBi10, SBi18, SBi108, SBi112, SBi474, SBi512, SBi689, SBi748, SBi749, SBi1257, SBi1343, SBi1388, SBi1443, SBi1835, SBi1982, SBi2228, SBi2256, SBi2258, SBi2317

Tuesday, May 5, 2009 SENATE JOURNAL 2049


BILL AND RESOLUTIONS ENROLLED

May 4, 2009

SBi187, SCRi55, SCRi61, SCRi66, SRi737, SRi815, SRi816, SRi818, SRi819, SRi820, SRi821, SRi823, SRi825, SRi826, SRi827, SRi828, SRi829, SRi830, SRi831, SRi832, SRi833, SRi834, SRi835

SENT TO GOVERNOR

May 5, 2009

SBi187, SCRi55, SCRi61, SCRi66

SIGNED BY GOVERNOR

May 5, 2009

SBi90, SBi346, SBi997

2050 81st Legislature — Regular Session 51st Day