Texas 2009 - 81st Regular

Texas House Bill HB2925 Compare Versions

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1	1	H.B. No. 2925
2	2
3	3
4	4	AN ACT
5	5	relating to protections provided by the Department of Agriculture
6	6	for certain consumers; providing penalties.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 13.001(a), Agriculture Code, is amended
9	9	to read as follows:
10	10	(a) In this chapter:
11	11	(1) "Weight or measure of a commodity" means the
12	12	weight or measure of a commodity as determined by a weighing or
13	13	measuring device [includes a weight, scale, beam, or measure of any
14	14	kind; an instrument or mechanical device for weighing or measuring;
15	15	and an appliance or accessory connected with an instrument or
16	16	mechanical device for weighing or measuring].
17	17	(2) "Sell" includes barter or exchange.
18	18	(3) "Weighing or measuring device" ["Pump"] means:
19	19	(A) a scale; or
20	20	(B) a mechanical or electronic device used to
21	21	dispense or deliver a commodity by weight, volume, flow rate, or
22	22	other measure [a gasoline, kerosene, or diesel fuel measuring or
23	23	dispensing device].
24	24	SECTION 2. Section 13.002(a), Agriculture Code, is amended
25	25	to read as follows:
26	26	(a) The department shall enforce the provisions of this
27	27	chapter and shall supervise all weighing or measuring devices
28	28	[weights and measures] sold or offered for sale in this state. The
29	29	department may purchase apparatus as necessary for the
30	30	administration of this chapter.
31	31	SECTION 3. Sections 13.021(a), (c), and (d), Agriculture
32	32	Code, are amended to read as follows:
33	33	(a) The legal standard for the weight or measure of a
34	34	commodity [of weights and measures] in this state is the standard
35	35	weight or measure [of weights and measures] adopted and used by the
36	36	government of the United States for that commodity. If the United
37	37	States does not provide a standard [of] weight or measure for a
38	38	commodity, the standard for that commodity is that established by
39	39	this subchapter.
40	40	(c) Except as otherwise provided by an express contract, a
41	41	contract for work or sales by weight or measure of a commodity shall
42	42	be construed in accordance with the standards of this subchapter.
43	43	(d) The standards of this subchapter shall be the guide for
44	44	making any adjustment of weighing [weights] or measuring devices
45	45	[measures] under the law of this state.
46	46	SECTION 4. Subchapter B, Chapter 13, Agriculture Code, is
47	47	amended by adding Section 13.029 to read as follows:
48	48	Sec. 13.029. EXEMPTION OF WEIGHING OR MEASURING DEVICES.
49	49	The department by rule may exempt a weighing or measuring device
50	50	from a requirement established by this chapter if the department
51	51	determines that imposing or enforcing the requirement:
52	52	(1) is not cost-effective for the department;
53	53	(2) is not feasible with current resources or
54	54	standards; or
55	55	(3) will not substantially benefit or protect
56	56	consumers.
57	57	SECTION 5. Sections 13.036, 13.037, and 13.039, Agriculture
58	58	Code, are amended to read as follows:
59	59	Sec. 13.036. FALSE REPRESENTATION OF COMMODITY QUANTITY. A
60	60	person commits an offense if the person or the person's servant or
61	61	agent:
62	62	(1) sells or offers or exposes for sale a quantity of a
63	63	commodity or service that is less than the quantity the person
64	64	represents; or
65	65	(2) as a buyer furnishing the weight or measure of a
66	66	commodity or service by which the amount of the [a] commodity or
67	67	service is determined, takes or attempts to take more than the
68	68	quantity the person represents.
69	69	Sec. 13.037. USE OF INCORRECT WEIGHING [FALSE WEIGHT] OR
70	70	MEASURING DEVICE [MEASURE]. (a) A person commits an offense if the
71	71	person or the person's servant or agent uses an incorrect weighing
72	72	[a false weight] or measuring device [measure] in:
73	73	(1) buying or selling a commodity;
74	74	(2) computing a charge for services rendered on the
75	75	basis of weight or measure; or
76	76	(3) determining the weight or measure of a commodity,
77	77	if a charge is made for the determination.
78	78	(b) For the purpose of this section, a weighing [weight] or
79	79	measuring device [measure] is incorrect [false] if it:
80	80	(1) does not conform as closely as practicable to the
81	81	official standards;
82	82	(2) is not accurate;
83	83	(3) is of a construction that is not reasonably
84	84	permanent in adjustment or does not correctly repeat its
85	85	indications;
86	86	(4) facilitates the perpetration of fraud; or
87	87	(5) does not conform to the specifications and
88	88	tolerances established by the department under Section 13.114 [of
89	89	this code].
90	90	Sec. 13.039. TESTING OF PACKAGE BY DEPARTMENT [SEALER].
91	91	(a) The department [A sealer appointed under Subchapter C of this
92	92	chapter] shall from time to time weigh or measure a package[,] or an
93	93	amount of any commodity[,] that is kept or offered for sale, sold,
94	94	or in the process of delivery, in order to determine:
95	95	(1) if the commodity is of the amount or quantity
96	96	represented; or
97	97	(2) if the commodity is being offered for sale or sold
98	98	in accordance with law.
99	99	(b) If the department [a sealer] finds that a package or any
100	100	lot of a commodity contains less of the commodity than the amount
101	101	represented, the department [sealer] may seize the package or the
102	102	commodity as evidence.
103	103	(c) A person commits an offense if the person or the
104	104	person's employee or agent refuses to exhibit a commodity being
105	105	sold or offered for sale at a given weight or quantity, or
106	106	ordinarily sold in that manner, to the department [a sealer] for
107	107	testing and proving as to quantity.
108	108	SECTION 6. The heading to Subchapter C, Chapter 13,
109	109	Agriculture Code, is amended to read as follows:
110	110	SUBCHAPTER C. INSPECTION AND REGISTRATION OF WEIGHING OR MEASURING
111	111	DEVICES [WEIGHTS AND MEASURES]
112	112	SECTION 7. Section 13.101, Agriculture Code, is amended to
113	113	read as follows:
114	114	Sec. 13.101. REQUIRED INSPECTION. (a) At least once every
115	115	four years, or more often as required by the department, a weighing
116	116	[weight] or measuring device [measure] shall be inspected and
117	117	tested for correctness by the department [a sealer] if it:
118	118	(1) is kept for sale, sold, or used by a proprietor,
119	119	agent, lessee, or employee in proving the weight or measure,
120	120	including the size, quantity, extent, or area, of any item; or
121	121	(2) is purchased, offered, or submitted by a
122	122	proprietor, agent, lessee, or employee for sale, hire, or award.
123	123	(b) The department shall, to the extent necessary to ensure
124	124	compliance with the official standards, require additional
125	125	inspection and testing of weighing or measuring devices [weights
126	126	and measures].
127	127	(c) A person who uses or keeps for use, or has or offers for
128	128	sale, a weighing [weight] or measuring device [measure] is
129	129	responsible for having the device [weight or measure] inspected and
130	130	tested as required by this section.
131	131	(d) Unless the department requires an additional
132	132	inspection, a weighing [weight] or measuring device [measure] that
133	133	is inspected and found correct by the department [a sealer] may be
134	134	kept for use, used, kept or offered for sale, or sold without
135	135	further testing.
136	136	(e) The department may inspect and test a weighing or
137	137	measuring device less frequently than required by Subsection (a):
138	138	(1) to accommodate complaint-based and risk-based
139	139	inspection schedules; or
140	140	(2) in response to an emergency or a limitation in
141	141	department funding.
142	142	SECTION 8. Sections 13.1011(a) and (c), Agriculture Code,
143	143	are amended to read as follows:
144	144	(a) A person who operates a weighing or measuring [pump,
145	145	scale, or bulk or liquefied petroleum gas metering] device for a
146	146	commercial transaction shall [must] register annually with the
147	147	department.
148	148	(c) If a person fails to register as required by this
149	149	section and pay the fee required under Section 13.1151 [of this
150	150	code], the department may assess a late fee against the person,
151	151	prohibit the operation of the weighing or measuring [pump, scale,
152	152	or metering] device, or both assess the fee and prohibit the
153	153	operation of the [pump, scale, or metering] device.
154	154	SECTION 9. Section 13.1012(e), Agriculture Code, is amended
155	155	to read as follows:
156	156	(e) The department may conduct an inspection of an
157	157	applicant's or registrant's:
158	158	(1) facilities;
159	159	(2) inspecting and testing equipment and procedures;
160	160	(3) repair and calibration equipment, records, and
161	161	procedures; and
162	162	(4) transportation equipment.
163	163	SECTION 10. The heading to Section 13.111, Agriculture
164	164	Code, is amended to read as follows:
165	165	Sec. 13.111. REPAIR OR DESTRUCTION OF INCORRECT WEIGHING
166	166	[WEIGHTS] OR MEASURING DEVICES [MEASURES].
167	167	SECTION 11. Sections 13.111(a) and (b), Agriculture Code,
168	168	are amended to read as follows:
169	169	(a) If, in the judgment of the department [sealer], a
170	170	weighing [weight] or measuring device [measure] found to be
171	171	incorrect is not capable of being repaired, the department [sealer]
172	172	may condemn, seize, and destroy the device [weight or measure].
173	173	(b) If, in the judgment of the department [sealer], an
174	174	incorrect weighing [weight] or measuring device [measure] is
175	175	capable of being repaired, the department [sealer] shall place on
176	176	the device [weight or measure] a tag or other mark with the words
177	177	"Out of Order." The owner or user of the weighing [weight] or
178	178	measuring device [measure] may have it repaired within 30 days, but
179	179	may not use or dispose of it until it is reinspected and released
180	180	for use by the department or inspected and released for use in any
181	181	other manner authorized by department rule [sealed. After repair,
182	182	the owner or user shall notify the sealer and the sealer shall
183	183	reinspect the weight or measure. If it is found to be correct, the
184	184	sealer shall remove the out-of-order tag and seal the weight or
185	185	measure as provided by Section 13.110 of this code].
186	186	SECTION 12. Section 13.112, Agriculture Code, is amended to
187	187	read as follows:
188	188	Sec. 13.112. TESTS FOR STATE INSTITUTIONS. As requested by
189	189	the comptroller or the governing body of a state institution, the
190	190	department shall test each weighing [weight] or measuring device
191	191	[measure] used by a state institution for any purpose, including a
192	192	weighing or measuring device [weight or measure] used in checking
193	193	the receipt and distribution of supplies. The department shall
194	194	report results of the test to the chairman of the governing body of
195	195	the institution.
196	196	SECTION 13. Sections 13.113(a), (c), (d), and (e),
197	197	Agriculture Code, are amended to read as follows:
198	198	(a) The standards of weights and measures received from the
199	199	United States and certified by the National Institute of Standards
200	200	and Technology are the state's standards by which all state and
201	201	local standards of weights and measures are tried, authenticated,
202	202	proved, and certified [sealed].
203	203	(c) In addition to the standards kept by the state, the
204	204	department shall maintain a complete set of copies of the original
205	205	standards for use in adjusting local standards or in the
206	206	performance of other official duties. The department may purchase
207	207	additional sets of standards as necessary for use by a department
208	208	inspector or other department personnel [state sealers].
209	209	(d) At the request of a city, the department shall furnish
210	210	the city with copies of the state's standards or test and approve
211	211	other standards acquired by the city. The city shall reimburse the
212	212	state for the actual cost of the standards furnished, plus the costs
213	213	of freight and certification. All standards furnished to or tested
214	214	for a city shall be true and correct, [sealed and] certified by the
215	215	department [commissioner], and stamped with the letter "C". The
216	216	copies used by a city may be of any suitable material or
217	217	construction that the city requests, subject to approval by the
218	218	department.
219	219	(e) The department shall inspect and correct the standards
220	220	used by a department inspector, other department employee, or
221	221	individual or business licensed by the department to perform
222	222	private maintenance, repairs, or calibration of weighing or
223	223	measuring devices [a local sealer] at least once every year [two
224	224	years]. The department shall keep a record of the inspection and
225	225	character of weights and measures inspected under this subsection.
226	226	[The city shall pay all expenses incurred in inspections under this
227	227	subsection.]
228	228	SECTION 14. Section 13.114(a), Agriculture Code, is amended
229	229	to read as follows:
230	230	(a) The department shall establish tolerances and
231	231	specifications for commercial weighing or [and] measuring devices
232	232	[apparatus] used in this state. The tolerances and specifications
233	233	shall be similar to those recommended by the National Institute of
234	234	Standards and Technology.
235	235	SECTION 15. Sections 13.115(a) and (f), Agriculture Code,
236	236	are amended to read as follows:
237	237	(a) The department shall collect a fee in accordance with
238	238	this section for each test of a weighing [weight] or measuring
239	239	device [measure] required by this subchapter or performed on
240	240	request of the owner.
241	241	(f) The department shall charge a fee, as provided by
242	242	department rule, for precision testing of tapes, rules, glassware,
243	243	and other weighing or measuring devices performed by the
244	244	department's metrology laboratory.
245	245	SECTION 16. Sections 13.1151, 13.117, 13.118, and 13.119,
246	246	Agriculture Code, are amended to read as follows:
247	247	Sec. 13.1151. FEES FOR REGISTRATION AND INSPECTION. The
248	248	department may charge the owner or operator of a weighing or
249	249	measuring device a fee, as provided by department rule, to recover
250	250	the costs of registration and inspection of a weighing or [pump,
251	251	scale, bulk or liquefied petroleum gas metering device, or other]
252	252	measuring [or dispensing] device required to be registered or
253	253	inspected under this chapter.
254	254	Sec. 13.117. REFUSING TO ALLOW [PERMIT] TEST OF WEIGHING
255	255	[WEIGHT] OR MEASURING DEVICE [MEASURE]. A person commits an offense
256	256	if the person neglects or refuses to allow [exhibit] a weighing
257	257	[weight] or measuring device [measure] under the person's control
258	258	or in the person's possession to be inspected, tested, or examined
259	259	by the department, and the inspection, test, or examination is
260	260	required by this chapter [or a sealer for inspection or examination
261	261	as required by law].
262	262	Sec. 13.118. HINDERING DEPARTMENT PERSONNEL [SEALER]. A
263	263	person commits an offense if the person hinders or obstructs in any
264	264	way the department, a department inspector or other department
265	265	personnel [a sealer] in the performance of official duties.
266	266	Sec. 13.119. REMOVAL OF REGISTRATION [SEALER'S] TAG. A
267	267	person commits an offense if the person removes or obliterates a tag
268	268	or device placed on a weighing [weight] or measuring device
269	269	[measure] under this chapter [Section 13.110 or 13.111 of this
270	270	code].
271	271	SECTION 17. Sections 13.120 and 13.121, Agriculture Code,
272	272	are amended to read as follows:
273	273	Sec. 13.120. SALE OR USE OF INCORRECT WEIGHING [FALSE
274	274	WEIGHTS] OR MEASURING DEVICE [MEASURES]. (a) The department may
275	275	condemn and prohibit the sale or distribution of any incorrect
276	276	weighing [false weight] or measuring device [measure] that is sold,
277	277	offered for sale, or about to be sold in this state.
278	278	(b) A person commits an offense if the person or the
279	279	person's servant or agent:
280	280	(1) offers or exposes for sale, hire, or award or sells
281	281	an incorrect weighing [a false weight] or measuring device
282	282	[measure];
283	283	(2) possesses an incorrect weighing [a false weight]
284	284	or measuring device [measure]; or
285	285	(3) sells, offers for sale, uses, or possesses for the
286	286	purpose of sale or use a device or instrument to be used to falsify
287	287	or intended to falsify a weight or measure.
288	288	[(c) In this section, "false weight or measure" has the
289	289	meaning assigned by Section 13.037 of this code.]
290	290	Sec. 13.121. DISPOSING OF CONDEMNED WEIGHING OR MEASURING
291	291	DEVICE [WEIGHT]. A person commits an offense if the person or the
292	292	person's servant or agent disposes of a weighing [weight] or
293	293	measuring device [measure] condemned under Section 13.111 or 13.120
294	294	[of this code] in a manner contrary to those sections.
295	295	SECTION 18. Section 13.253(b), Agriculture Code, is amended
296	296	to read as follows:
297	297	(b) An elected county public weigher must obtain a
298	298	certificate of authority as provided by Section 13.255 [of this
299	299	code] and must execute a bond as provided by Section 13.256 [of this
300	300	code] before issuing an official certificate of weight or measure
301	301	of a commodity. A county public weigher elected under this section
302	302	is subject to rules adopted by the commissioners court.
303	303	SECTION 19. Section 13.257(a), Agriculture Code, is amended
304	304	to read as follows:
305	305	(a) On each certificate of weight or measure of a commodity
306	306	that a public weigher or deputy public weigher issues, the public
307	307	weigher or deputy public weigher shall include the:
308	308	(1) time and date that the weight or measure of the
309	309	commodity [measurement] was taken;
310	310	(2) signature and license number of the public weigher
311	311	or deputy public weigher; and
312	312	(3) seal of the department.
313	313	SECTION 20. Section 13.259(a), Agriculture Code, is amended
314	314	to read as follows:
315	315	(a) A public weigher or deputy public weigher who
316	316	intentionally or knowingly issues a certificate of weight or
317	317	measure of a commodity giving a false weight or measure for the [a]
318	318	commodity [weighed or measured] commits an offense.
319	319	SECTION 21. Section 13.260(a), Agriculture Code, is amended
320	320	to read as follows:
321	321	(a) A person who intentionally or knowingly issues an
322	322	official certificate of weight or measure of a [for any] commodity
323	323	without first obtaining a certificate of authority under Section
324	324	13.255 [of this code], who issues an official certificate of weight
325	325	or measure of a commodity after revocation of the person's
326	326	certificate of authority, or who issues an official certificate of
327	327	weight or measure of a commodity without executing a bond as
328	328	required under Section 13.256 [of this code] commits an offense.
329	329	SECTION 22. Sections 13.401(a), (b), (d), and (f),
330	330	Agriculture Code, are amended to read as follows:
331	331	(a) A person who has a license issued under this subchapter
332	332	may [has all of the powers and duties of a sealer under this chapter
333	333	except for]:
334	334	(1) inspect, test, maintain, and repair:
335	335	(A) a weighing or measuring device;
336	336	(B) a liquefied petroleum gas meter under
337	337	Subchapter F; or
338	338	(C) a ranch scale under Subchapter G;
339	339	(2) return an incorrect weighing or measuring device
340	340	to service under Section 13.111;
341	341	(3) prohibit an incorrect weighing or measuring device
342	342	from being used until the device is repaired, if the inspector
343	343	determines that the device can be repaired; and
344	344	(4) condemn and prohibit the further use of an
345	345	incorrect weighing or measuring device that the inspector
346	346	determines cannot be repaired [testing of a package under Section
347	347	13.039;
348	348	[(2) peace officer status under Section 13.108(b);
349	349	and
350	350	[(3) entering premises or conducting a stop under
351	351	Section 13.108(c)].
352	352	(b) It is a defense to prosecution under Section 13.117 or
353	353	13.118 that the licensed inspector [sealer] is acting under the
354	354	authority of a license issued under this subchapter.
355	355	(d) Unless appointed an inspector [a sealer] under
356	356	Subchapter C, a person may not perform the functions of an inspector
357	357	[a sealer] without a license issued under this subchapter.
358	358	(f) A license holder under this subchapter shall conduct
359	359	inspecting, [or] testing, prohibiting, or condemning activities in
360	360	compliance with the rules of the department.
361	361	SECTION 23. Section 13.404(a), Agriculture Code, is amended
362	362	to read as follows:
363	363	(a) The department [by rule] may [adopt a system to]
364	364	periodically monitor and inspect or test weighing or measuring
365	365	devices that have been [scales] inspected and tested by a license
366	366	holder and any standards used by the license holder during an
367	367	inspection or test.
368	368	SECTION 24. Chapter 17, Agriculture Code, is amended by
369	369	adding Subchapter B-1 to read as follows:
370	370	SUBCHAPTER B-1. MOTOR FUEL QUALITY AND TESTING
371	371	Sec. 17.071. MINIMUM MOTOR FUEL QUALITY AND TESTING
372	372	STANDARDS. The department by rule shall adopt minimum motor fuel
373	373	quality and testing standards for motor fuel that is sold or offered
374	374	for sale in this state. The standards must comply with the
375	375	nationally recognized minimum standards established by:
376	376	(1) the American Society for Testing and Materials, as
377	377	those standards existed on September 1, 2009, for motor fuels other
378	378	than motor fuels blended with ethanol; and
379	379	(2) the National Institute of Standards and
380	380	Technology, as those standards existed on September 1, 2009, other
381	381	than the standard vapor to liquid ratio specification for motor
382	382	fuels blended with ethanol.
383	383	Sec. 17.072. TESTING OF MOTOR FUEL QUALITY. (a) The
384	384	department may collect samples and conduct testing at any location
385	385	where motor fuel is kept, transferred, sold, or offered for sale, to
386	386	verify that the motor fuel complies with the minimum standards
387	387	required by Section 17.071.
388	388	(b) On arriving at a facility to conduct testing under
389	389	Subsection (a), a representative of the department shall notify the
390	390	owner or manager of the facility of the representative's presence
391	391	and purpose.
392	392	(c) A person commits an offense if the person refuses to
393	393	allow a department representative to collect samples or conduct
394	394	motor fuel testing under Subsection (a).
395	395	Sec. 17.073. STOP-SALE ORDER. If the department has reason
396	396	to believe that motor fuel is in violation of this chapter or a rule
397	397	adopted under this chapter, the department may issue and enforce a
398	398	written order to stop the sale of the motor fuel. The department
399	399	shall present the order to the dealer, distributor, jobber,
400	400	supplier, or wholesaler who is in control of the motor fuel at the
401	401	time the motor fuel is tested. The person who receives the order
402	402	may not sell the motor fuel until the department determines that the
403	403	motor fuel is in compliance with this chapter and department rules.
404	404	SECTION 25. Sections 17.104(a) and (b), Agriculture Code,
405	405	are amended to read as follows:
406	406	(a) The commissioner may adopt rules consistent with this
407	407	chapter for the regulation of the sale of motor fuels, including
408	408	motor fuels that contain [containing] ethanol and methanol.
409	409	(b) The commissioner by rule may impose a fee for testing,
410	410	inspection, or the performance of other services provided as
411	411	determined necessary by the commissioner in the administration of
412	412	this chapter. A fee imposed under this subsection shall be
413	413	collected from each dealer, distributor, jobber, supplier, and
414	414	wholesaler on a periodic basis determined by the commissioner
415	415	without regard to whether the motor fuel is subject to regulation
416	416	under this chapter.
417	417	SECTION 26. Sections 17.155(a) and (b), Agriculture Code,
418	418	are amended to read as follows:
419	419	(a) The department [commissioner] may impose an
420	420	administrative penalty against a person regulated under this
421	421	chapter who violates this chapter or a rule or order adopted under
422	422	this chapter. Except as otherwise provided by this section, an
423	423	administrative penalty is imposed and collected in the manner
424	424	provided by Section 12.020.
425	425	(b) The penalty for a violation of this chapter or a rule or
426	426	order adopted under this chapter may not exceed $5,000 [$500] a day
427	427	for each violation. Each day a violation continues or occurs may be
428	428	considered a separate violation for purposes of imposing a penalty.
429	429	SECTION 27. Subchapter D, Chapter 17, Agriculture Code, is
430	430	amended by adding Section 17.156 to read as follows:
431	431	Sec. 17.156. TOLL-FREE NUMBER. The department shall
432	432	provide a toll-free telephone number for use by the public in
433	433	reporting violations of this subchapter.
434	434	SECTION 28. The following provisions of the Agriculture
435	435	Code are repealed:
436	436	(1) Section 13.004;
437	437	(2) Section 13.102;
438	438	(3) Section 13.104;
439	439	(4) Section 13.108;
440	440	(5) Section 13.109;
441	441	(6) Section 13.110;
442	442	(7) Sections 13.111(c) and (d); and
443	443	(8) Section 13.116.
444	444	SECTION 29. APPROPRIATIONS LIMITED TO REVENUE COLLECTIONS.
445	445	It is the intent of the legislature that fees, fines, and other
446	446	miscellaneous revenues as authorized and generated by this Act, at
447	447	a minimum, cover the cost of the programs authorized by this Act.
448	448	SECTION 30. (a) Except as provided by Subsection (b) of
449	449	this section, this Act takes effect September 1, 2009.
450	450	(b) Subchapter B-1, Chapter 17, Agriculture Code, as added
451	451	by this Act, takes effect January 1, 2010.
452	452	______________________________ ______________________________
453	453	President of the Senate Speaker of the House
454	454	I certify that H.B. No. 2925 was passed by the House on May 6,
455	455	2009, by the following vote: Yeas 143, Nays 0, 1 present, not
456	456	voting; and that the House concurred in Senate amendments to H.B.
457	457	No. 2925 on May 28, 2009, by the following vote: Yeas 142, Nays 0,
458	458	1 present, not voting.
459	459	______________________________
460	460	Chief Clerk of the House
461	461	I certify that H.B. No. 2925 was passed by the Senate, with
462	462	amendments, on May 21, 2009, by the following vote: Yeas 31, Nays
463	463	0.
464	464	______________________________
465	465	Secretary of the Senate
466	466	APPROVED: __________________
467	467	Date
468	468	__________________
469	469	Governor