Texas 2009 - 81st Regular

Texas House Bill HB1914 Compare Versions

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1	1	H.B. No. 1914
2	2
3	3
4	4	AN ACT
5	5	relating to abolishing the Private Sector Prison Industries
6	6	Oversight Authority and to the certification and operation of
7	7	private sector prison industries programs.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 492, Government Code, is amended by
10	10	adding Section 492.0011 to read as follows:
11	11	Sec. 492.0011. PRIVATE SECTOR PRISON INDUSTRIES PROGRAM
12	12	MANAGEMENT. (a) The board shall approve, certify, and supervise
13	13	private sector prison industries programs operated by the
14	14	department, the Texas Youth Commission, and county correctional
15	15	facilities in accordance with Subchapter C, Chapter 497.
16	16	(b) This section does not authorize the board to direct the
17	17	general operations of or to govern the Texas Youth Commission or
18	18	county correctional facilities in any manner not specifically
19	19	described by Subsection (a).
20	20	SECTION 2. Sections 492.003(a) and (c), Government Code,
21	21	are amended to read as follows:
22	22	(a) Each member of the board must be representative of the
23	23	general public. A person is not eligible for appointment as a
24	24	member if the person or the person's spouse:
25	25	(1) is a person, other than a judge participating in
26	26	the management of a community supervision and corrections
27	27	department, who is employed by or participates in the management of
28	28	a business entity or other organization regulated by the department
29	29	or receiving funds from the department;
30	30	(2) owns, or controls directly or indirectly, more
31	31	than a 10 percent interest in a business entity or other
32	32	organization regulated by the department or receiving funds from
33	33	the department, including an entity or organization with which the
34	34	department contracts under Subchapter C, Chapter 497; [or]
35	35	(3) uses or receives a substantial amount of tangible
36	36	goods, services, or funds from the department, other than
37	37	compensation or reimbursement authorized by law for board
38	38	membership, attendance, or expenses; or
39	39	(4) owns, controls directly or indirectly, or is
40	40	employed by a business entity or other organization with which the
41	41	department contracts concerning a private sector prison industries
42	42	program approved and certified by the board under Subchapter C,
43	43	Chapter 497.
44	44	(c) A person may not be a member of the board and may not be a
45	45	department employee employed in a "bona fide executive,
46	46	administrative, or professional capacity," as that phrase is used
47	47	for purposes of establishing an exemption to the overtime
48	48	provisions of the federal Fair Labor Standards Act of 1938 (29
49	49	U.S.C. Section 201 et seq.) and its subsequent amendments, if:
50	50	(1) the person is an officer, employee, or paid
51	51	consultant of a Texas trade association in the field of criminal
52	52	justice or private sector prison industries; or
53	53	(2) the person's spouse is an officer, manager, or paid
54	54	consultant of a Texas trade association in the field of criminal
55	55	justice or private sector prison industries.
56	56	SECTION 3. Section 492.0031, Government Code, is amended by
57	57	adding Subsections (b-1) and (d) to read as follows:
58	58	(b-1) In addition to the information described by
59	59	Subsection (b), the training program must provide the person with
60	60	information regarding:
61	61	(1) the legislative history of Subchapter C, Chapter
62	62	497;
63	63	(2) the history and operation of programs under that
64	64	subchapter; and
65	65	(3) any applicable federal law concerning the
66	66	operation or certification of a program under that subchapter.
67	67	(d) A person who is a member of the board on September 1,
68	68	2009, shall complete the training described by Subsection (b-1) not
69	69	later than January 1, 2010. This subsection expires September 1,
70	70	2011.
71	71	SECTION 4. Section 497.004(a), Government Code, is amended
72	72	to read as follows:
73	73	(a) The board may develop by rule and the department may
74	74	administer an incentive pay scale for work program participants
75	75	consistent with rules adopted by the board [Private Sector Prison
76	76	Industries Oversight Authority] under Subchapter C. Prison
77	77	industries may be financed through contributions donated for this
78	78	purpose by private businesses contracting with the department. The
79	79	department shall apportion pay earned by a work program participant
80	80	in the same manner as is required by rules adopted by the board
81	81	[Private Sector Prison Industries Oversight Authority] under
82	82	Section 497.0581.
83	83	SECTION 5. Section 497.006(c), Government Code, is amended
84	84	to read as follows:
85	85	(c) A contract for the provision of services under this
86	86	section must:
87	87	(1) be certified by the board [Private Sector Prison
88	88	Industries Oversight Authority] as complying with all requirements
89	89	of the Private Sector/Prison Industry Enhancement Certification
90	90	Program operated by the Bureau of Justice Assistance and authorized
91	91	by 18 U.S.C. Section 1761, other than a requirement relating to the
92	92	payment of prevailing wages, so long as the contract requires
93	93	payment of not less than the federal minimum wage;
94	94	(2) be certified by the board [authority], under rules
95	95	adopted under Section 497.059, that the contract would not cause
96	96	the loss of existing jobs of a specific type provided by any
97	97	employer [the contracting party] in this state; and
98	98	(3) be approved by the board.
99	99	SECTION 6. The heading to Subchapter C, Chapter 497,
100	100	Government Code, is amended to read as follows:
101	101	SUBCHAPTER C. PRIVATE SECTOR PRISON INDUSTRIES PROGRAMS [OVERSIGHT
102	102	AUTHORITY]
103	103	SECTION 7. Section 497.051, Government Code, is amended to
104	104	read as follows:
105	105	Sec. 497.051. PURPOSE; DEFINITIONS [DEFINITION]. (a) The
106	106	board shall [Private Sector Prison Industries Oversight Authority
107	107	is created to] approve, certify, and supervise [oversee] the
108	108	operation of private sector prison industries programs in the
109	109	department, the Texas Youth Commission, and in county correctional
110	110	facilities in compliance with the federal prison enhancement
111	111	certification program established under 18 U.S.C. Section 1761.
112	112	The board may use board and department employees to [executive
113	113	director shall] provide the [authority with] clerical and technical
114	114	support [as] necessary for the board [authority] to perform the
115	115	board's duties under [imposed on the authority by] this subchapter
116	116	and shall ensure that the department implements the policies
117	117	adopted by the board [authority] that relate to the operation of
118	118	private sector prison industries programs.
119	119	(a-1) The board shall ensure that private sector prison
120	120	industries programs are operated under this subchapter in a manner
121	121	that is designed to avoid the loss of existing jobs for employees in
122	122	this state who are not incarcerated or imprisoned.
123	123	(b) In this subchapter:
124	124	(1) "Governmental entity" means the department, the
125	125	Texas Youth Commission, and any county that operates a private
126	126	sector prison industries program under this subchapter.
127	127	["Authority" means the Private Sector Prison Industries Oversight
128	128	Authority.]
129	129	(2) "Participant" means a participant in a private
130	130	sector prison industries program.
131	131	(c) This subchapter does not authorize the board to direct
132	132	the general operations of or to govern the Texas Youth Commission or
133	133	county correctional facilities in any manner not specifically
134	134	described by Subsection (a).
135	135	SECTION 8. Section 497.0527, Government Code, is amended to
136	136	read as follows:
137	137	Sec. 497.0527. COMPLAINTS. (a) The board [authority]
138	138	shall maintain a file on each written complaint filed with the board
139	139	in relation to a private sector prison industries program
140	140	[authority]. The file must include:
141	141	(1) the name of the person who filed the complaint;
142	142	(2) the date the complaint is received by the board
143	143	[authority];
144	144	(3) the subject matter of the complaint;
145	145	(4) the name of each person contacted in relation to
146	146	the complaint;
147	147	(5) a summary of the results of the review or
148	148	investigation of the complaint; and
149	149	(6) an explanation of the reason the file was closed,
150	150	if the board [authority] closed the file without taking action
151	151	other than to investigate the complaint.
152	152	(b) The board [authority] shall provide to the person filing
153	153	the complaint and to each person who is a subject of the complaint a
154	154	copy of the board's [authority's] policies and procedures relating
155	155	to complaint investigation and resolution.
156	156	(c) The board [authority], at least quarterly until final
157	157	disposition of the complaint, shall notify the person filing the
158	158	complaint and each person who is a subject of the complaint of the
159	159	status of the investigation, unless the notice would jeopardize an
160	160	undercover investigation.
161	161	SECTION 9. The heading to Section 497.056, Government Code,
162	162	is amended to read as follows:
163	163	Sec. 497.056. PRIVATE SECTOR PRISON INDUSTRIES [EXPANSION]
164	164	ACCOUNT.
165	165	SECTION 10. Sections 497.056(b) and (c), Government Code,
166	166	are amended to read as follows:
167	167	(b) The [To construct more facilities and increase the
168	168	number of participants, the] private sector prison industry
169	169	[expansion] account is created as an account in the general revenue
170	170	fund. Money in the account may be appropriated only to:
171	171	(1) [construct work facilities,] recruit corporations
172	172	to participate as private sector industries programs;
173	173	(2) [, and] pay costs of the board [authority] and
174	174	department in implementing this subchapter, including the cost to
175	175	the department in reimbursing board [authority] members [and the
176	176	employer liaison] for expenses; and
177	177	(3) pay costs associated with the storage of evidence:
178	178	(A) containing biological material and used in
179	179	the prosecution and conviction of an offense; or
180	180	(B) of a sexual assault or other sex offense.
181	181	(c) On each certification by the department that an amount
182	182	has been deposited to the credit of the general revenue fund from
183	183	deductions from participants' wages under Section 497.0581, the
184	184	comptroller shall transfer an equivalent amount from the general
185	185	revenue fund to the private sector prison industry [expansion]
186	186	account, until the balance in the account is $1 [$2] million. The
187	187	balance of the account may not exceed $1 million [On a certification
188	188	occurring when the balance in the account is more than $2 million,
189	189	the comptroller shall transfer to the account an amount equal to
190	190	one-half of the amount deposited to the credit of the general
191	191	revenue fund from deductions from participants' wages].
192	192	SECTION 11. Section 497.057, Government Code, is amended to
193	193	read as follows:
194	194	Sec. 497.057. RULES. The board [authority] shall adopt
195	195	rules as necessary to ensure that the private sector prison
196	196	industries program authorized by this subchapter is in compliance
197	197	with the federal prison enhancement certification program
198	198	established under 18 U.S.C. Section 1761.
199	199	SECTION 12. Section 497.058(a), Government Code, is amended
200	200	to read as follows:
201	201	(a) The board [authority] by rule shall require that
202	202	participants at each private sector prison industries program be
203	203	paid not less than the prison industry enhancement certification
204	204	program (PIECP) wage as computed by the Texas Workforce Commission,
205	205	except that:
206	206	(1) the board [authority] may permit employers to pay
207	207	a participant the federal minimum wage for the two-month period
208	208	beginning on the date participation begins; and
209	209	(2) the minimum wage for participants committed to
210	210	[under the supervision of] the Texas Youth Commission, because of
211	211	the age of the participants and the extensive training component of
212	212	their employment, is the federal minimum wage.
213	213	SECTION 13. Section 497.0581, Government Code, is amended
214	214	to read as follows:
215	215	Sec. 497.0581. PARTICIPANT CONTRIBUTIONS; ASSISTANCE
216	216	ACCOUNT. (a) The board [authority] by rule shall determine the
217	217	amount of deductions to be taken from wages received by the
218	218	participant under this subchapter and the disbursement of those
219	219	deductions. The board [authority] may establish deductions for
220	220	participants committed to [under the supervision of] the Texas
221	221	Youth Commission that are different than deductions established for
222	222	other participants in the program. In determining the amount of
223	223	deductions under this section, the board [authority] shall ensure
224	224	that the deductions do not place the private sector prison
225	225	industries programs in the department in noncompliance with the
226	226	federal prison enhancement certification program established under
227	227	18 U.S.C. Section 1761.
228	228	(b) The private sector prison industry crime victims
229	229	assistance account is created as an account in the general revenue
230	230	fund. Money in the account may be appropriated only to the board
231	231	[authority] for the purpose of aiding victims of crime, under rules
232	232	adopted by the board [authority].
233	233	SECTION 14. The heading to Section 497.059, Government
234	234	Code, is amended to read as follows:
235	235	Sec. 497.059. LIMITING IMPACT OF CERTIFICATION ON
236	236	NON-PRISON INDUSTRY.
237	237	SECTION 15. Sections 497.059(a) and (b), Government Code,
238	238	are amended to read as follows:
239	239	(a) The board [authority] may not grant initial
240	240	certification to a private sector prison industries program if the
241	241	board [authority] determines that the operation of the program
242	242	would result in the loss of existing jobs provided by any [the]
243	243	employer in this state.
244	244	(b) The board [authority] shall adopt rules to determine
245	245	whether a program would cause the loss of existing jobs of a
246	246	specific type provided by an [the] employer in this state.
247	247	SECTION 16. Subchapter C, Chapter 497, Government Code, is
248	248	amended by adding Sections 497.0595 and 497.0596 to read as
249	249	follows:
250	250	Sec. 497.0595. LIMITATION ON CONTRACTS. (a) A
251	251	governmental entity may not enter into a contract or renew a
252	252	contract with an employer for a private sector prison industries
253	253	program under this subchapter if the board determines that the
254	254	contract has negatively affected or would negatively affect any
255	255	employer in this state, including through the loss of existing jobs
256	256	provided by the employer to employees in this state who are not
257	257	incarcerated or imprisoned.
258	258	(b) The board shall adopt rules that establish a procedure
259	259	to be used in making the determination described by Subsection (a).
260	260	The procedure must allow an aggrieved employer in this state to
261	261	submit a sworn statement to the board alleging that the employer has
262	262	been or would be negatively affected by the contract to be entered
263	263	into or renewed.
264	264	(c) For the purposes of this section, a contract does not
265	265	negatively affect an employer if the only negative effect alleged
266	266	in a sworn statement by the employer is the loss of existing jobs
267	267	that, at the time the sworn statement is submitted to the board, are
268	268	performed by workers in a foreign country.
269	269	Sec. 497.0596. NOTICE CONCERNING CERTAIN CONTRACTS. (a)
270	270	Not later than the 60th day before the date a governmental entity
271	271	intends to enter into a contract with an employer for a private
272	272	sector prison industries program under this subchapter, the
273	273	governmental entity shall notify:
274	274	(1) the state senator and state representative in
275	275	whose district the program covered by the contract is or will be
276	276	located;
277	277	(2) the executive heads of the Texas AFL-CIO, the
278	278	Texas Association of Manufacturers, the National Federation of
279	279	Independent Business/Texas, the Texas Association of Business, and
280	280	the Texas Association of Workforce Boards;
281	281	(3) the chamber of commerce in any municipality or
282	282	county in which the program covered by the contract is or will be
283	283	located; and
284	284	(4) any employer that employs persons in this state
285	285	who are not incarcerated or imprisoned and who, as determined under
286	286	rules adopted by the Texas Workforce Commission to implement this
287	287	subdivision:
288	288	(A) perform work in the same job descriptions as
289	289	participants in the program covered by the contract will perform;
290	290	or
291	291	(B) are otherwise engaged in the manufacture of
292	292	the same or a substantially similar product as will be manufactured
293	293	under the contract.
294	294	(b) The notice required by Subsection (a) must include a
295	295	specific description, in plain language and in an easily readable
296	296	and understandable format, of any product that will be manufactured
297	297	under the contract.
298	298	(c) A governmental entity that provides notice under
299	299	Subsection (a) may charge the employer with whom the governmental
300	300	entity intends to enter into the contract for the cost of providing
301	301	that notice.
302	302	SECTION 17. Sections 497.060, 497.061, and 497.062,
303	303	Government Code, are amended to read as follows:
304	304	Sec. 497.060. WORKERS' COMPENSATION. The board [authority]
305	305	by rule shall require private sector prison industries program
306	306	employers to meet or exceed all federal requirements for providing
307	307	compensation to participants injured while working.
308	308	Sec. 497.061. RECIDIVISM STUDIES. The board [authority,
309	309	with the cooperation of the Criminal Justice Policy Council,] shall
310	310	gather data to determine whether participation in a private sector
311	311	prison industries program is a factor that reduces recidivism among
312	312	participants.
313	313	Sec. 497.062. LIMITATION ON NUMBER OF PARTICIPANTS AND COST
314	314	ACCOUNTING CENTERS[; GOALS]. (a) The board [authority] may
315	315	certify [any number of] private sector prison industries programs
316	316	that meet or exceed the requirements of federal law and the rules of
317	317	the board. Except as provided by Subsection (b), the board may not
318	318	allow [authority, but in no event may the authority permit] more
319	319	than 750 [5,000] participants in the program at any one time or
320	320	authorize the operation of more than 11 cost accounting centers at
321	321	any one time.
322	322	(b) The board may allow more than 750 participants in the
323	323	program at one time on a temporary basis if:
324	324	(1) an employer that operates a private sector prison
325	325	industries program requests in writing that the board temporarily
326	326	allow more than 750 participants in the program; and
327	327	(2) the board determines that there is good cause to
328	328	temporarily allow more than 750 participants in the program
329	329	[authority shall establish as a goal that the program have at least
330	330	1,800 participants by January 1, 2006].
331	331	SECTION 18. Subchapter C, Chapter 497, Government Code, is
332	332	amended by adding Sections 497.063 and 497.064 to read as follows:
333	333	Sec. 497.063. CONTRACT REQUIREMENTS. (a) The board shall
334	334	adopt rules requiring a contract entered into by a governmental
335	335	entity concerning a private sector prison industries program
336	336	operated under this subchapter to:
337	337	(1) include specific job descriptions for any work
338	338	that will be performed by participants under the contract;
339	339	(2) include a specific description, in plain language
340	340	and in an easily readable and understandable format, of any product
341	341	that will be manufactured under the contract; and
342	342	(3) charge a private sector prison industries employer
343	343	or other participating entity the fair market value for the lease of
344	344	any property owned by the governmental entity and leased to the
345	345	employer or entity under the contract.
346	346	(b) For the purposes of Subsection (a), "fair market value"
347	347	means an amount or rate that is equal to or greater than the average
348	348	amount or rate paid by the state for the lease of substantially
349	349	similar property.
350	350	Sec. 497.064. AVAILABILITY OF CERTAIN INFORMATION ON
351	351	INTERNET. The board shall make the following information available
352	352	on any publicly accessible Internet website that is maintained by
353	353	the board and contains any information concerning the private
354	354	sector prison industries programs operated under this subchapter:
355	355	(1) a copy of each current contract entered into by a
356	356	governmental entity;
357	357	(2) a list of hourly wages paid to participants under
358	358	each contract described by Subdivision (1); and
359	359	(3) minutes of any meeting of the board in which the
360	360	board discusses or takes action concerning:
361	361	(A) the board's powers and duties under this
362	362	subchapter; or
363	363	(B) one or more private sector prison industries
364	364	programs operated under this subchapter.
365	365	SECTION 19. Subchapter A, Chapter 302, Labor Code, is
366	366	amended by adding Section 302.016 to read as follows:
367	367	Sec. 302.016. RULES REGARDING PRIVATE SECTOR PRISON
368	368	INDUSTRIES PROGRAMS. The commission shall adopt rules necessary to
369	369	implement Section 497.0596(a)(4), Government Code.
370	370	SECTION 20. Sections 497.009, 497.052, 497.0521, 497.0522,
371	371	497.0523, 497.0524, 497.0525, 497.0526, 497.053, 497.054, and
372	372	497.055, Government Code, are repealed.
373	373	SECTION 21. (a) On the date on which the Texas Board of
374	374	Criminal Justice is designated as the certificate holder for this
375	375	state by the Bureau of Justice Assistance, the Private Sector
376	376	Prison Industries Oversight Authority is abolished and all powers,
377	377	duties, obligations, rights, contracts, appropriations, records,
378	378	real or personal property, and personnel of the Private Sector
379	379	Prison Industries Oversight Authority are transferred to the Texas
380	380	Board of Criminal Justice in accordance with Subchapter C, Chapter
381	381	497, Government Code, as amended by this Act. Notwithstanding any
382	382	other provision of this Act, before the date on which the Texas
383	383	Board of Criminal Justice is designated as the certificate holder
384	384	for this state by the Bureau of Justice Assistance, the Private
385	385	Sector Prison Industries Oversight Authority shall continue to
386	386	fulfill all duties and exercise all powers given to the authority
387	387	under Subchapter C, Chapter 497, Government Code, as that law
388	388	existed immediately before the effective date of this Act, and the
389	389	former law is continued in effect for that purpose.
390	390	(b) A rule, policy, procedure, or decision of the Private
391	391	Sector Prison Industries Oversight Authority continues in effect as
392	392	a rule, policy, procedure, or decision of the Texas Board of
393	393	Criminal Justice until repealed or otherwise superseded by an act
394	394	of the board.
395	395	(c) On or after the date on which the Texas Board of Criminal
396	396	Justice is designated as the certificate holder for this state by
397	397	the Bureau of Justice Assistance, a reference in law to the Private
398	398	Sector Prison Industries Oversight Authority means the Texas Board
399	399	of Criminal Justice.
400	400	SECTION 22. (a) Except as provided by Section 492.0031(d),
401	401	Government Code, as added by this Act, Sections 492.003(c) and
402	402	492.0031(b-1), Government Code, as amended by this Act, apply only
403	403	to a member of the Texas Board of Criminal Justice who is appointed
404	404	on or after the effective date of this Act. Except as provided by
405	405	Section 492.0031(d), Government Code, as added by this Act, a
406	406	member who is appointed to the board before the effective date of
407	407	this Act is governed by the law in effect when the member was
408	408	appointed, and the former law is continued in effect for that
409	409	purpose.
410	410	(b) As soon as practicable after the effective date of this
411	411	Act and not later than January 1, 2010, the Texas Workforce
412	412	Commission shall adopt rules as required by Section 302.016, Labor
413	413	Code, as added by this Act.
414	414	(c) Section 497.051(a-1), Government Code, as added by this
415	415	Act, applies only to the operation of a private sector prison
416	416	industries program that is certified on or after the effective date
417	417	of this Act or to a private sector prison industries program that
418	418	was certified before the effective date of this Act but is not in
419	419	operation on the effective date of this Act. Section 497.051(a-1),
420	420	Government Code, as added by this Act, does not apply to the
421	421	operation of a private sector prison industries program that was
422	422	certified before the effective date of this Act and is in operation
423	423	on the effective date of this Act. The operation of that program is
424	424	governed by the law in effect when the program was certified, and
425	425	the former law is continued in effect for that purpose.
426	426	(d) Section 497.059, Government Code, as amended by this
427	427	Act, applies only to the certification of a private sector prison
428	428	industries program that occurs on or after the effective date of
429	429	this Act. The certification of a private sector prison industries
430	430	program that occurs before the effective date of this Act is
431	431	governed by the law in effect when the program was certified, and
432	432	the former law is continued in effect for that purpose.
433	433	(e) Sections 497.0595 and 497.0596, Government Code, as
434	434	added by this Act, apply only to a contract that is entered into or
435	435	renewed in connection with a private sector prison industries
436	436	program that is certified on or after the effective date of this Act
437	437	or a private sector prison industries program that was certified
438	438	before the effective date of this Act but is not in operation on the
439	439	effective date of this Act. A contract that is entered into or
440	440	renewed in connection with a private sector prison industries
441	441	program that was certified before the effective date of this Act and
442	442	is in operation on the effective date of this Act is governed by the
443	443	law in effect when the program was certified, and the former law is
444	444	continued in effect for that purpose.
445	445	(f) A rule adopted by the Texas Board of Criminal Justice
446	446	under Section 497.063, Government Code, as added by this Act,
447	447	applies only to a contract in connection with a private sector
448	448	prison industries program that is certified on or after the
449	449	effective date of this Act or to a contract in connection with a
450	450	private sector prison industries program that was certified before
451	451	the effective date of this Act but is not in operation on the
452	452	effective date of this Act.
453	453	SECTION 23. This Act does not make an appropriation. A
454	454	provision in this Act that creates a new governmental program,
455	455	creates a new entitlement, or imposes a new duty on a governmental
456	456	entity is not mandatory unless a specific appropriation has been
457	457	made to implement the provision or it is determined by the agency
458	458	that the provisions imposed by this Act may be absorbed within
459	459	agency resources during the fiscal period without additional state
460	460	funding.
461	461	SECTION 24. This Act takes effect immediately if it
462	462	receives a vote of two-thirds of all the members elected to each
463	463	house, as provided by Section 39, Article III, Texas Constitution.
464	464	If this Act does not receive the vote necessary for immediate
465	465	effect, this Act takes effect September 1, 2009.
466	466	______________________________ ______________________________
467	467	President of the Senate Speaker of the House
468	468	I certify that H.B. No. 1914 was passed by the House on May 1,
469	469	2009, by the following vote: Yeas 139, Nays 0, 1 present, not
470	470	voting; that the House refused to concur in Senate amendments to
471	471	H.B. No. 1914 on May 29, 2009, and requested the appointment of a
472	472	conference committee to consider the differences between the two
473	473	houses; and that the House adopted the conference committee report
474	474	on H.B. No. 1914 on May 31, 2009, by the following vote: Yeas 143,
475	475	Nays 0, 1 present, not voting.
476	476	______________________________
477	477	Chief Clerk of the House
478	478	I certify that H.B. No. 1914 was passed by the Senate, with
479	479	amendments, on May 23, 2009, by the following vote: Yeas 25, Nays
480	480	6; at the request of the House, the Senate appointed a conference
481	481	committee to consider the differences between the two houses; and
482	482	that the Senate adopted the conference committee report on H.B. No.
483	483	1914 on May 31, 2009, by the following vote: Yeas 26, Nays 5.
484	484	______________________________
485	485	Secretary of the Senate
486	486	APPROVED: __________________
487	487	Date
488	488	__________________
489	489	Governor