Texas 2009 - 81st Regular

Texas House Bill HB1468 Compare Versions

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1	1	H.B. No. 1468
2	2
3	3
4	4	AN ACT
5	5	relating to the regulation of funeral services, funeral homes,
6	6	cemeteries, and crematories; providing penalties.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter F, Chapter 154, Finance Code, is
9	9	amended by adding Section 154.265 to read as follows:
10	10	Sec. 154.265. DEFAULT UNDER CERTAIN CONTRACTS. (a)
11	11	Notwithstanding any other law, the purchaser of a trust-funded
12	12	prepaid funeral benefits contract may not be considered in default
13	13	under the contract if:
14	14	(1) the purchaser has paid at least 85 percent of the
15	15	contract price; and
16	16	(2) the purchaser was unable to pay due to extenuating
17	17	financial circumstances.
18	18	(b) A funeral provider is not required to provide funeral
19	19	merchandise or services under a trust-funded prepaid funeral
20	20	benefits contract unless any remaining balance, including any
21	21	applicable finance charge, owed under the contract is paid before
22	22	the funeral service or the funeral provider agrees in writing to
23	23	another payment arrangement.
24	24	(c) This section does not affect a purchaser's right to
25	25	cancel a trust-funded prepaid funeral benefits contract.
26	26	SECTION 2. Subtitle B, Title 8, Health and Safety Code, is
27	27	amended by adding Chapter 695 to read as follows:
28	28	CHAPTER 695. IN-CASKET IDENTIFICATION
29	29	Sec. 695.001. DEFINITIONS. In this chapter:
30	30	(1) "Casket" means a container used to hold the
31	31	remains of a deceased person.
32	32	(2) "Commission" means the Texas Funeral Service
33	33	Commission.
34	34	Sec. 695.002. IDENTIFICATION OF DECEASED PERSON. The
35	35	commission shall ensure a casket contains identification of the
36	36	deceased person, including the person's name, date of birth, and
37	37	date of death.
38	38	Sec. 695.003. RULES. The commission may adopt rules to
39	39	enforce this chapter.
40	40	SECTION 3. Section 711.008(b), Health and Safety Code, is
41	41	amended to read as follows:
42	42	(b) Subsection (a) does not apply to:
43	43	(1) a cemetery heretofore established and operating;
44	44	(2) the establishment and use of a columbarium by an
45	45	organized religious society or sect that is exempt from income
46	46	taxation under Section 501(a), Internal Revenue Code of 1986, by
47	47	being listed under Section 501(c)(3) of that code, as part of or
48	48	attached to the principal church building owned by the society or
49	49	sect;
50	50	(3) the establishment and use of a columbarium:
51	51	(A) in a municipality with a population of at
52	52	least 1.8 million; and
53	53	(B) by an organized religious society or sect,
54	54	that is exempt from income taxation under Section 501(a), Internal
55	55	Revenue Code of 1986, by being listed under Section 501(c)(3) of
56	56	that code, on land that:
57	57	(i) is owned by the society or sect; and
58	58	(ii) is part of the campus on which an
59	59	existing principal church building is located; [or]
60	60	(4) the establishment and use of a columbarium on the
61	61	campus of a private or independent institution of higher education,
62	62	as defined by Section 61.003, Education Code, that is wholly or
63	63	substantially controlled, managed, owned, or supported by or
64	64	otherwise affiliated with an organized religious society or sect
65	65	that is exempt from income taxation under Section 501(a), Internal
66	66	Revenue Code of 1986, by being listed under Section 501(c)(3) of
67	67	that code, if a place of worship is located on the campus; or
68	68	(5) the establishment and use of a mausoleum that is:
69	69	(A) constructed beneath the principal church
70	70	building owned by an organized religious society or sect that:
71	71	(i) is exempt from income taxation under
72	72	Section 501(a), Internal Revenue Code of 1986, by being listed
73	73	under Section 501(c)(3) of that code; and
74	74	(ii) has recognized religious traditions
75	75	and practices of interring the remains of ordained clergy in or
76	76	below the principal church building; and
77	77	(B) used only for the interment of the remains of
78	78	ordained clergy of that organized religious society or sect.
79	79	SECTION 4. Section 711.012(b), Health and Safety Code, is
80	80	amended to read as follows:
81	81	(b) The Texas Funeral Service Commission may adopt rules,
82	82	establish procedures, and prescribe forms to enforce and administer
83	83	Sections 711.003, 711.008, 711.010, 711.011, 711.021-711.035,
84	84	711.038, 711.0395, 711.041, 711.042, 711.052, 711.061, and 711.062
85	85	relating to cemeteries that are not perpetual care cemeteries.
86	86	SECTION 5. Section 711.038, Health and Safety Code, is
87	87	amended by adding Subsection (f) to read as follows:
88	88	(f) A cemetery organization may not resell the exclusive
89	89	right of sepulture in a plot unless the exclusive right of sepulture
90	90	has been reacquired by the cemetery organization. A sanction or
91	91	other penalty may not be imposed on a cemetery organization that
92	92	violates this subsection unless:
93	93	(1) the state agency authorized to enforce this
94	94	section provides the cemetery organization written notice of the
95	95	violation; and
96	96	(2) the cemetery organization does not correct the
97	97	violation before the 91st day after the date on which the cemetery
98	98	organization received the notice.
99	99	SECTION 6. Subchapter C, Chapter 711, Health and Safety
100	100	Code, is amended by adding Section 711.0395 to read as follows:
101	101	Sec. 711.0395. MULTIPLE INTERMENTS IN SAME PLOT. A
102	102	cemetery organization may not make more than one interment in a plot
103	103	unless each owner of the plot consents to the interment.
104	104	SECTION 7. Section 711.041, Health and Safety Code, is
105	105	amended to read as follows:
106	106	Sec. 711.041. ACCESS TO CEMETERY. (a) Any person who
107	107	wishes to visit a cemetery or private burial grounds for which no
108	108	public ingress or egress is available shall have the right to
109	109	reasonable ingress and egress for the purpose of visiting the
110	110	cemetery or private burial grounds. This right of access extends
111	111	only to visitation during the [reasonable] hours determined by the
112	112	owner or owners of the lands under Subsection (b) or at a reasonable
113	113	time as provided by Subsection (c) and only for purposes usually
114	114	associated with cemetery visits.
115	115	(b) The owner or owners of the lands surrounding the
116	116	cemetery or private burial grounds may designate the routes of
117	117	reasonable ingress and egress and reasonable hours of availability.
118	118	(c) At a time other than the time provided by Subsection
119	119	(b), the owner or owners of the lands surrounding a cemetery or
120	120	private burial grounds must allow a person to enter and exit the
121	121	owner's land for the purpose of visiting the cemetery or private
122	122	burial grounds if:
123	123	(1) the person provides written notice to the owner or
124	124	owners of the lands surrounding the cemetery or private burial
125	125	grounds of the person's visit;
126	126	(2) the person provides the notice required by
127	127	Subdivision (1) not later than the 14th day before the date the
128	128	person wishes to visit the cemetery; and
129	129	(3) the time of the visit is reasonable.
130	130	SECTION 8. Subchapter D, Chapter 711, Health and Safety
131	131	Code, is amended by adding Section 711.0515 to read as follows:
132	132	Sec. 711.0515. INJUNCTIVE RELIEF. In addition to bringing
133	133	an action under Section 711.051, the attorney general at the
134	134	request of the Texas Funeral Service Commission may bring an action
135	135	for injunctive relief to enforce this chapter or a rule or order
136	136	adopted by the commission under this chapter.
137	137	SECTION 9. Subchapter D, Chapter 711, Health and Safety
138	138	Code, is amended by adding Section 711.0521 to read as follows:
139	139	Sec. 711.0521. ACCESS TO CEMETERIES; CRIMINAL PENALTIES.
140	140	(a) A person who is an individual, firm, association, corporation,
141	141	or municipality, or an officer, agent, or employee of an
142	142	individual, firm, association, corporation, or municipality,
143	143	commits an offense if the person interferes with a person's
144	144	reasonable right to ingress and egress under Section 711.041.
145	145	(b) An offense under this section is a Class C misdemeanor.
146	146	SECTION 10. Subchapter A, Chapter 716, Health and Safety
147	147	Code, is amended by adding Section 716.0035 to read as follows:
148	148	Sec. 716.0035. ACCEPTANCE OF REMAINS. A crematory
149	149	establishment may accept deceased human remains for refrigeration
150	150	before it receives authorization to cremate the remains under
151	151	Subchapter B.
152	152	SECTION 11. Subchapter B, Chapter 716, Health and Safety
153	153	Code, is amended by adding Section 716.054 to read as follows:
154	154	Sec. 716.054. EXCEPTION; WRITTEN DIRECTIONS. (a) This
155	155	section applies and a cremation authorization form is not required
156	156	under this chapter if:
157	157	(1) the deceased person has left written directions
158	158	for the disposition by cremation of the deceased person's human
159	159	remains as provided by Section 711.002(g); and
160	160	(2) the authorizing agent refuses for any reason to
161	161	sign a cremation authorization form.
162	162	(b) The crematory establishment may cremate the deceased
163	163	person's human remains without receipt of a cremation authorization
164	164	form signed by the authorizing agent if:
165	165	(1) cremation costs are paid; and
166	166	(2) the authorizing agent provides positive written
167	167	identification that the human remains to be cremated are the human
168	168	remains of the deceased person.
169	169	SECTION 12. Section 716.103, Health and Safety Code, is
170	170	amended to read as follows:
171	171	Sec. 716.103. IDENTIFICATION RESPONSIBILITY OF CREMATORY.
172	172	(a) A crematory establishment shall place on the exterior of a
173	173	cremation container a label with the deceased person's name as
174	174	provided by the authorizing agent unless the crematory
175	175	establishment knows the name is incorrect.
176	176	(b) A crematory establishment shall place, with the
177	177	cremated remains, in the temporary container, urn, or other
178	178	permanent container, a permanent metal identification disc,
179	179	bracelet, or other item that can be used to identify the deceased
180	180	person.
181	181	SECTION 13. Section 716.104(a), Health and Safety Code, is
182	182	amended to read as follows:
183	183	(a) Except as provided by Section 716.054, a [A] funeral
184	184	director or funeral establishment shall provide a signed written
185	185	statement to a crematory establishment that the human remains
186	186	delivered to the crematory establishment were positively
187	187	identified as the deceased person listed on the cremation
188	188	authorization form by the authorizing agent or a representative of
189	189	the authorizing agent delegated as provided by Section 716.053.
190	190	SECTION 14. Section 716.152(d), Health and Safety Code, is
191	191	amended to read as follows:
192	192	(d) To the extent practicable, the crematory establishment
193	193	shall remove all recoverable cremation residue from the cremation
194	194	chamber following cremation and pulverize any bone fragments to a
195	195	particle size of one-eighth inch or less as necessary. The
196	196	crematory establishment shall remove and dispose of any other
197	197	material included with the residue.
198	198	SECTION 15. Section 716.156(a), Health and Safety Code, is
199	199	amended to read as follows:
200	200	(a) A crematory establishment shall:
201	201	(1) release the cremated remains to a representative
202	202	of the funeral establishment that delivered the deceased human
203	203	remains to the crematory establishment;
204	204	(2) release the cremated remains to the person
205	205	authorized to receive the remains on the cremation authorization
206	206	form; [or]
207	207	(3) ship the remains to the shipping address provided
208	208	by the authorizing agent on the cremation authorization form not
209	209	later than the 30th day following the date of cremation; or
210	210	(4) release the cremated remains according to written
211	211	directions for the disposition by cremation of the deceased
212	212	person's human remains as provided by Section 711.002(g).
213	213	SECTION 16. Subchapter E, Chapter 716, Health and Safety
214	214	Code, is amended by adding Section 716.204 to read as follows:
215	215	Sec. 716.204. IMMUNITY FROM CRIMINAL AND CIVIL LIABILITY;
216	216	WRITTEN DIRECTIONS. (a) In this section:
217	217	(1) "Cemetery organization" has the meaning assigned
218	218	by Section 711.001.
219	219	(2) "Embalmer" has the meaning assigned by Section
220	220	651.001, Occupations Code.
221	221	(b) If Section 716.054(a) applies, a cemetery organization,
222	222	a business operating a crematory or columbarium, a funeral
223	223	director, an embalmer, or a funeral establishment is not criminally
224	224	liable or liable in a civil action for:
225	225	(1) cremating the human remains of a deceased person;
226	226	or
227	227	(2) carrying out the written directions of the
228	228	deceased person.
229	229	SECTION 17. Section 716.304, Health and Safety Code, is
230	230	amended to read as follows:
231	231	Sec. 716.304. SCATTERING REMAINS. A person may scatter
232	232	cremated remains over uninhabited public land, over a public
233	233	waterway or sea, or on the private property of a consenting owner[,
234	234	if the remains are reduced to a particle size of one-eighth inch or
235	235	less]. Unless the container is biodegradable, the cremated remains
236	236	must be removed from the container before being scattered.
237	237	SECTION 18. Section 716.351(a), Health and Safety Code, is
238	238	amended to read as follows:
239	239	(a) A person commits an offense if the person:
240	240	(1) cremates human remains without receipt of:
241	241	(A) a cremation authorization form signed by an
242	242	authorizing agent; or
243	243	(B) written directions for the disposition by
244	244	cremation of the deceased person's human remains as provided in
245	245	Section 711.002(g);
246	246	(2) signs a cremation authorization form with actual
247	247	knowledge that the form contains false or incorrect information; or
248	248	(3) represents to the public that the person may
249	249	cremate human remains without being licensed as provided by
250	250	Subchapter N, Chapter 651, Occupations Code.
251	251	SECTION 19. Section 651.154(a), Occupations Code, is
252	252	amended to read as follows:
253	253	(a) The commission shall set the following fees in amounts
254	254	reasonable and necessary to administer this chapter:
255	255	(1) the funeral director's and embalmer's application
256	256	fee, license fee, duplicate license fee, and reciprocal license
257	257	fee; and
258	258	(2) the cemetery, crematory, or funeral establishment
259	259	license fee, renewal fee, and late renewal penalty.
260	260	SECTION 20. Section 651.156, Occupations Code, is amended
261	261	by adding Subsection (d) to read as follows:
262	262	(d) A subpoena or subpoena duces tecum issued under this
263	263	section is not effective unless it is issued in compliance with:
264	264	(1) state and federal law; and
265	265	(2) commission rules adopted under Subsection (c).
266	266	SECTION 21. Section 651.165(d), Occupations Code, is
267	267	amended to read as follows:
268	268	(d) A person whose license has been expired for one year or
269	269	more may [not] renew the license by:
270	270	(1) retaking and passing the applicable examination;
271	271	(2) paying any applicable fees, including a renewal
272	272	fee that is equal to two times the normally required renewal fee;
273	273	and
274	274	(3) completing any continuing education required
275	275	under Section 651.266. [The person may obtain a new license by
276	276	complying with the requirements and procedures, including the
277	277	examination requirements, for obtaining an original license.]
278	278	SECTION 22. Subchapter D, Chapter 651, Occupations Code, is
279	279	amended by adding Section 651.1655 to read as follows:
280	280	Sec. 651.1655. REINSTATEMENT OF SUSPENDED LICENSE. A
281	281	person whose license has been suspended may renew the license by
282	282	paying to the commission a renewal fee that is equal to two times
283	283	the normally required renewal fee in addition to any penalty
284	284	assessed by the commission.
285	285	SECTION 23. The heading to Section 651.267, Occupations
286	286	Code, is amended to read as follows:
287	287	Sec. 651.267. REISSUANCE OF REVOKED LICENSE.
288	288	SECTION 24. Sections 651.267(a) and (d), Occupations Code,
289	289	are amended to read as follows:
290	290	(a) On application, the commission may reissue a license
291	291	issued under this subchapter to a person whose license has been
292	292	[suspended or] revoked. An application to reissue a license may not
293	293	be made before the third [first] anniversary of the date of the
294	294	[suspension or] revocation.
295	295	(d) A license that has been revoked [or suspended for a
296	296	period of five years or more] may be reinstated only after the
297	297	applicant:
298	298	(1) retakes and passes the applicable examination;
299	299	(2) pays a fee that is equal to two times the normally
300	300	required renewal fee; and
301	301	(3) satisfies any other commission requirements,
302	302	including any continuing education requirements under Section
303	303	651.266.
304	304	SECTION 25. Section 651.304(e), Occupations Code, is
305	305	amended to read as follows:
306	306	(e) The commission by rule shall prescribe reporting
307	307	requirements for provisional license holders. The commission shall
308	308	furnish report forms to be used by a provisional license holder.
309	309	SECTION 26. Section 651.351, Occupations Code, is amended
310	310	by amending Subsections (d) and (f) and adding Subsection (i) to
311	311	read as follows:
312	312	(d) A funeral establishment must:
313	313	(1) meet the building, fire safety, and health
314	314	standards and health ordinances of this state and of the
315	315	municipality in which the establishment is located;
316	316	(2) except as provided by Subsection (i), be located
317	317	at a fixed place that is not tax-exempt property or a cemetery;
318	318	(3) include facilities in which funeral services may
319	319	be conducted;
320	320	(4) have access to rolling stock consisting of at
321	321	least one motor hearse;
322	322	(5) include a preparation room containing the
323	323	facilities, equipment, and supplies required by commission rule to
324	324	ensure the provision of adequate embalming services;
325	325	(6) include other facilities as necessary to comply
326	326	with the sanitary codes of this state and of the municipality in
327	327	which the room is located; and
328	328	(7) include a display containing sufficient
329	329	merchandise to permit reasonable selection, including at least five
330	330	adult caskets, two of which must be full-size and displayed in a
331	331	casket showroom.
332	332	(f) The least expensive casket displayed under Subsection
333	333	(d)(7) must be a full-size casket displayed in the same general
334	334	manner as the other full-size caskets are displayed. The three
335	335	adult caskets that are not required to be full-size under
336	336	Subsection (d)(7) may be displayed:
337	337	(1) in a partial panel display; or
338	338	(2) by video or brochure, online, or in any other
339	339	manner.
340	340	(i) Subsection (d)(2) does not apply to a funeral
341	341	establishment that is:
342	342	(1) located on the real property of a public junior
343	343	college; and
344	344	(2) operated in connection with an accredited
345	345	educational program in funeral services offered by the public
346	346	junior college.
347	347	SECTION 27. Section 651.353(d), Occupations Code, is
348	348	amended to read as follows:
349	349	(d) This section does not apply to:
350	350	(1) a family, fraternal, or community cemetery that is
351	351	not larger than 10 acres;
352	352	(2) an unincorporated association of plot owners not
353	353	operated for profit;
354	354	(3) a church, a religious society or denomination, or
355	355	an entity solely administering the temporalities of a church or
356	356	religious society or denomination; [or]
357	357	(4) a public cemetery owned by this state, a county, or
358	358	a municipality; or
359	359	(5) a perpetual care cemetery.
360	360	SECTION 28. Sections 651.354(a), (c), and (d), Occupations
361	361	Code, are amended to read as follows:
362	362	(a) The commission shall mail written notice to a cemetery
363	363	or funeral establishment of the impending expiration of the
364	364	establishment's license not later than the 30th day before the
365	365	expiration date of the license. The [Except as provided by
366	366	Subsection (d), the] notice must state that:
367	367	(1) to renew the license, the cemetery or funeral
368	368	establishment must pay the renewal fee not later than the license
369	369	expiration date [September 30]; and
370	370	(2) the license is automatically renewed on receipt of
371	371	the renewal fee.
372	372	(c) If the license is expired for longer than 30 days, the
373	373	cemetery or funeral establishment [may not renew the license and]
374	374	may not operate as a cemetery or funeral establishment until the
375	375	renewal fee and the late payment penalty are paid [establishment is
376	376	issued a new license in the manner provided for issuing an original
377	377	license].
378	378	(d) This section does not apply to [To renew a license for] a
379	379	perpetual care cemetery [, the cemetery must submit a renewal on a
380	380	form prescribed by the commission. The license is renewed on
381	381	receipt of the form by the commission].
382	382	SECTION 29. Subchapter H, Chapter 651, Occupations Code, is
383	383	amended by adding Section 651.355 to read as follows:
384	384	Sec. 651.355. PERPETUAL CARE CEMETERY REGISTRATION. (a)
385	385	The Texas Department of Banking shall provide annually to the
386	386	commission a list of perpetual care cemeteries, including the
387	387	address and other contact information for each cemetery. The
388	388	commission shall annually register each perpetual care cemetery on
389	389	that list.
390	390	(b) A perpetual care cemetery is not required to pay a
391	391	registration fee or renewal fee under this chapter.
392	392	SECTION 30. Subchapter J, Chapter 651, Occupations Code, is
393	393	amended by adding Section 651.461 to read as follows:
394	394	Sec. 651.461. DEFENSE TO VIOLATION. A person licensed
395	395	under this chapter does not violate this chapter by engaging in
396	396	conduct regarding funeral arrangements under the direction of a
397	397	person who:
398	398	(1) represents to the license holder that the person
399	399	is authorized to make funeral arrangements for the deceased; and
400	400	(2) provides written directions to the license holder
401	401	in the manner provided by Section 711.002, Health and Safety Code.
402	402	SECTION 31. Section 651.507(a), Occupations Code, is
403	403	amended to read as follows:
404	404	(a) The commission or an administrative law judge employed
405	405	by the State Office of Administrative Hearings shall review each
406	406	disciplinary proceeding to determine whether the license holder has
407	407	previously violated [committed] the same provision of this chapter
408	408	or rule adopted under this chapter [type of violation on one or more
409	409	previous occasions]. If it is determined that the license holder
410	410	has previously violated [committed] the same provision of this
411	411	chapter or rule adopted under this chapter [type of violation], the
412	412	commission or administrative law judge shall impose a disciplinary
413	413	action that is more severe than that imposed on the previous
414	414	occasion.
415	415	SECTION 32. Section 651.658(d), Occupations Code, is
416	416	amended to read as follows:
417	417	(d) If the license is expired for longer than 30 days, the
418	418	crematory establishment may not operate a crematory until the
419	419	renewal fee and late payment penalty are paid [A person may not
420	420	renew a license that has been expired for more than 30 days. A
421	421	person holding a license that has been expired for more than 30 days
422	422	must apply for a new license as required by this subchapter to
423	423	conduct a crematory business].
424	424	SECTION 33. The following are repealed:
425	425	(1) Section 716.004(b), Health and Safety Code; and
426	426	(2) Sections 651.304(b) and (c), 651.651(3), and
427	427	651.656(d), Occupations Code.
428	428	SECTION 34. Section 154.265, Finance Code, as added by this
429	429	Act, applies only to a contract that is entered into on or after the
430	430	effective date of this Act. A contract entered into before the
431	431	effective date of this Act is governed by the law in effect on the
432	432	date the contract was entered into, and the former law is continued
433	433	in effect for that purpose.
434	434	SECTION 35. The change in law made by Section 711.0521,
435	435	Health and Safety Code, as added by this Act, applies only to an
436	436	offense committed on or after the effective date of this Act. An
437	437	offense committed before the effective date of this Act is covered
438	438	by the law in effect when the offense was committed, and the former
439	439	law is continued in effect for that purpose. For purposes of this
440	440	section, an offense was committed before the effective date of this
441	441	Act if any element of the offense was committed before that date.
442	442	SECTION 36. Sections 651.165(d), 651.354, and 651.658(d),
443	443	Occupations Code, as amended by this Act, apply only to a license
444	444	that expires on or after the effective date of this Act. A license
445	445	that expired before the effective date of this Act is governed by
446	446	the law in effect at the time the license expired, and the former
447	447	law is continued in effect for that purpose.
448	448	SECTION 37. Section 651.1655, Occupations Code, as added by
449	449	this Act, applies only to a license suspended on or after the
450	450	effective date of this Act. A license suspended before the
451	451	effective date of this Act is governed by the law in effect at the
452	452	time the license was suspended, and the former law is continued in
453	453	effect for that purpose.
454	454	SECTION 38. Section 651.267, Occupations Code, as amended
455	455	by this Act, applies only to a license revoked on or after the
456	456	effective date of this Act. A license revoked before the effective
457	457	date of this Act is governed by the law in effect at the time the
458	458	license was revoked, and the former law is continued in effect for
459	459	that purpose.
460	460	SECTION 39. Not later than January 1, 2010, the Texas
461	461	Department of Banking shall provide the initial list of perpetual
462	462	care cemeteries to the Texas Funeral Service Commission as required
463	463	by Section 651.355, Occupations Code, as added by this Act.
464	464	SECTION 40. This Act takes effect September 1, 2009.
465	465	______________________________ ______________________________
466	466	President of the Senate Speaker of the House
467	467	I certify that H.B. No. 1468 was passed by the House on April
468	468	22, 2009, by the following vote: Yeas 145, Nays 0, 1 present, not
469	469	voting; and that the House concurred in Senate amendments to H.B.
470	470	No. 1468 on May 18, 2009, by the following vote: Yeas 142, Nays 0,
471	471	2 present, not voting.
472	472	______________________________
473	473	Chief Clerk of the House
474	474	I certify that H.B. No. 1468 was passed by the Senate, with
475	475	amendments, on May 14, 2009, by the following vote: Yeas 31, Nays
476	476	0.
477	477	______________________________
478	478	Secretary of the Senate
479	479	APPROVED: __________________
480	480	Date
481	481	__________________
482	482	Governor