Texas 2009 - 81st Regular

Texas House Bill HB3391 Compare Versions

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1	1	H.B. No. 3391
2	2
3	3
4	4	AN ACT
5	5	relating to the continuation and functions of the Parks and
6	6	Wildlife Department; changing the elements of an offense.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 11.0111, Parks and Wildlife Code, is
9	9	amended to read as follows:
10	10	Sec. 11.0111. SUNSET PROVISION. The Parks and Wildlife
11	11	Department is subject to Chapter 325, Government Code (Texas Sunset
12	12	Act). Unless continued in existence as provided by that chapter,
13	13	the department is abolished September 1, 2021 [2009].
14	14	SECTION 2. Section 11.012(c), Parks and Wildlife Code, is
15	15	amended to read as follows:
16	16	(c) Commission [Three commission] members must be members
17	17	of the general public and meet the qualifications provided by
18	18	Section 11.0121 [of this code].
19	19	SECTION 3. Sections 11.0161(a), (b), (c), and (d), Parks
20	20	and Wildlife Code, are amended to read as follows:
21	21	(a) The commission shall prepare information of public
22	22	interest describing the functions of the commission [and describing
23	23	the commission's procedures by which complaints are filed with and
24	24	resolved by the commission]. The commission shall make the
25	25	information available to the general public and appropriate state
26	26	agencies.
27	27	(b) The department shall maintain a system to promptly and
28	28	efficiently act on complaints [file on each written complaint]
29	29	filed with the department that the department has the authority to
30	30	resolve. The department shall maintain information about parties
31	31	to the complaint, the subject matter of the complaint, [file must
32	32	include:
33	33	[(1) the name of the person who filed the complaint;
34	34	[(2) the date the complaint is received by the
35	35	department;
36	36	[(3) the subject matter of the complaint;
37	37	[(4) the name of each person contacted in relation to
38	38	the complaint;
39	39	[(5)] a summary of the results of the review or
40	40	investigation of the complaint, and its disposition [; and
41	41	[(6) an explanation of the reason the file was closed,
42	42	if the department closed the file without taking action other than
43	43	to investigate the complaint].
44	44	(c) The department shall make information available
45	45	describing its [provide to the person filing the complaint and to
46	46	each person who is a subject of the complaint a copy of the
47	47	department's policies and] procedures for [relating to] complaint
48	48	investigation and resolution.
49	49	(d) The department[, at least quarterly until final
50	50	disposition of the complaint,] shall periodically notify the
51	51	[person filing the] complaint parties [and each person who is a
52	52	subject of the complaint] of the status of the complaint until final
53	53	disposition [investigation unless the notice would jeopardize an
54	54	undercover investigation].
55	55	SECTION 4. Subchapter B, Chapter 11, Parks and Wildlife
56	56	Code, is amended by adding Sections 11.0163, 11.0164, and 11.0174
57	57	to read as follows:
58	58	Sec. 11.0163. USE OF TECHNOLOGY. The commission shall
59	59	implement a policy requiring the department to use appropriate
60	60	technological solutions to improve the department's ability to
61	61	perform its functions. The policy must ensure that the public is
62	62	able to interact with the department on the Internet.
63	63	Sec. 11.0164. NEGOTIATED RULEMAKING AND ALTERNATIVE
64	64	DISPUTE RESOLUTION PROCEDURES. (a) The commission shall develop
65	65	and implement a policy to encourage the use of:
66	66	(1) negotiated rulemaking procedures under Chapter
67	67	2008, Government Code, for the adoption of department rules; and
68	68	(2) appropriate alternative dispute resolution
69	69	procedures under Chapter 2009, Government Code, to assist in the
70	70	resolution of internal and external disputes under the department's
71	71	jurisdiction.
72	72	(b) The department's procedures relating to alternative
73	73	dispute resolution must conform, to the extent possible, to any
74	74	model guidelines issued by the State Office of Administrative
75	75	Hearings for the use of alternative dispute resolution by state
76	76	agencies.
77	77	(c) The commission shall designate a trained person to:
78	78	(1) coordinate the implementation of the policy
79	79	adopted under Subsection (a);
80	80	(2) serve as a resource for any training needed to
81	81	implement the procedures for negotiated rulemaking or alternative
82	82	dispute resolution; and
83	83	(3) collect data concerning the effectiveness of those
84	84	procedures, as implemented by the department.
85	85	Sec. 11.0174. INTERNAL AFFAIRS OFFICE. (a) The executive
86	86	director shall establish the office of internal affairs.
87	87	(b) The office of internal affairs has original
88	88	departmental jurisdiction over all investigations of cases
89	89	alleging criminal conduct:
90	90	(1) occurring on department property;
91	91	(2) engaged in by on-duty department employees; or
92	92	(3) engaged in by officers commissioned by the
93	93	department performing off-duty work related to their official
94	94	duties.
95	95	(c) The office of internal affairs shall oversee and review,
96	96	but need not conduct, all investigations under this section.
97	97	(d) An investigation under this section may be initiated
98	98	only by the executive director or the commission.
99	99	(e) The executive director shall appoint the head of the
100	100	office of internal affairs. The head of the office of internal
101	101	affairs serves until removed by the executive director.
102	102	(f) The head of the office of internal affairs shall:
103	103	(1) report directly to the executive director
104	104	regarding performance of and activities related to investigations;
105	105	(2) report to the executive director for
106	106	administrative purposes; and
107	107	(3) provide the executive director or commission with
108	108	information regarding investigations as appropriate.
109	109	(g) The head of the office of internal affairs shall present
110	110	at each regularly scheduled commission meeting and at other
111	111	appropriate times a summary of information relating to
112	112	investigations conducted under this section that includes analysis
113	113	of the number, type, and outcome of investigations, trends in the
114	114	investigations, and any recommendations to avoid future
115	115	complaints.
116	116	SECTION 5. Section 11.035, Parks and Wildlife Code, is
117	117	amended by adding Subsection (c) to read as follows:
118	118	(c) The department may deposit to the credit of the state
119	119	parks account all revenue, less allowable costs, from the following
120	120	sources:
121	121	(1) private contributions, grants, and donations
122	122	received for state parks-related purposes; and
123	123	(2) federal funds received for state parks-related
124	124	purposes.
125	125	SECTION 6. Section 11.037(b), Parks and Wildlife Code, is
126	126	amended to read as follows:
127	127	(b) The department may [shall] deposit in the state land and
128	128	water conservation account any [all] revenue received from the
129	129	federal government or any other source for the purpose of
130	130	administering programs authorized under Sections 13.301 through
131	131	13.311 of this code.
132	132	SECTION 7. Section 12.0011, Parks and Wildlife Code, is
133	133	amended by adding Subsections (c) and (d) to read as follows:
134	134	(c) An agency with statewide jurisdiction that receives a
135	135	department recommendation or informational comment under
136	136	Subsection (b) shall respond to the department in writing
137	137	concerning the recommendation or comment. A response must include
138	138	for each recommendation or comment provided by the department:
139	139	(1) a description of any modification made to the
140	140	proposed project, fish and wildlife resource decision, or water
141	141	flow schedule resulting from the recommendation or comment;
142	142	(2) any other disposition of the recommendation or
143	143	comment; and
144	144	(3) as applicable, any reason the agency disagreed
145	145	with or did not act on or incorporate the recommendation or comment.
146	146	(d) A response under Subsection (c):
147	147	(1) must be submitted to the department not later than
148	148	the 90th day after the date the agency makes a decision or takes
149	149	other action related to the recommendation or informational comment
150	150	provided by the department; and
151	151	(2) is public information under Chapter 552,
152	152	Government Code.
153	153	SECTION 8. Section 12.027, Parks and Wildlife Code, is
154	154	amended to read as follows:
155	155	Sec. 12.027. ADOPTION OF EMERGENCY RULES. If the
156	156	commission or the executive director finds that there is an
157	157	immediate danger to a species authorized to be regulated by the
158	158	department, or that strict compliance with existing department
159	159	rules would in any way prevent, hinder, or delay necessary action in
160	160	coping with a disaster declared by the governor, the commission or
161	161	the executive director may adopt emergency rules as provided by
162	162	Chapter 2001, Government Code.
163	163	SECTION 9. Section 13.310(c), Parks and Wildlife Code, is
164	164	amended to read as follows:
165	165	(c) The department shall deposit all funds received for the
166	166	development of outdoor recreation resources in the state treasury
167	167	to the credit of the state land and water conservation account, the
168	168	Texas recreation and parks account, the large county and
169	169	municipality recreation and parks account, or the state parks
170	170	account.
171	171	SECTION 10. Sections 24.002, 24.003, 24.006, 24.052,
172	172	24.053, and 24.056, Parks and Wildlife Code, are amended to read as
173	173	follows:
174	174	Sec. 24.002. TEXAS RECREATION AND PARKS ACCOUNT. The Texas
175	175	recreation and parks account is a separate account in the general
176	176	revenue fund. Money in the account may be used only [as provided by
177	177	this subchapter] for [grants to]:
178	178	(1) grants under this subchapter to a county or
179	179	municipality with a population of less than 500,000; [or]
180	180	(2) grants under this subchapter to any other
181	181	political subdivision that is not a county or municipality; or
182	182	(3) planning for, and acquisition, operation, and
183	183	development of, outdoor recreation and conservation resources of
184	184	this state and the administrative expenses incident to the projects
185	185	or programs authorized under Subchapter D, Chapter 13.
186	186	Sec. 24.003. ACCOUNT REVENUE SOURCE; REVENUE DEDICATION.
187	187	(a) The department shall deposit to the credit of the Texas
188	188	recreation and parks account:
189	189	(1) an amount of money equal to 15 percent of the
190	190	credits made to the department under Section 151.801, Tax Code; and
191	191	(2) money from any other source authorized by law.
192	192	(b) The department may deposit to the credit of the Texas
193	193	recreation and parks account:
194	194	(1) private contributions, grants, and donations
195	195	received in connection with this subchapter or Subchapter D,
196	196	Chapter 13; and
197	197	(2) federal funds received in connection with this
198	198	subchapter or Subchapter D, Chapter 13.
199	199	Sec. 24.006. FUNDS FOR GRANTS TO LOCAL GOVERNMENTS. When
200	200	state revenues to the Texas recreation and parks account exceed $14
201	201	million per year, an amount not less than 15 percent shall be made
202	202	available for grants to local governments for up to 50 percent of
203	203	the cost of acquisition or development of indoor public recreation
204	204	facilities for indoor recreation programs, sports activities,
205	205	nature programs, or exhibits.
206	206	Sec. 24.052. LARGE COUNTY AND MUNICIPALITY RECREATION AND
207	207	PARKS ACCOUNT. The large county and municipality recreation and
208	208	parks account is a separate account in the general revenue fund.
209	209	Money in the account may be used only as provided by this subchapter
210	210	or Subchapter D, Chapter 13.
211	211	Sec. 24.053. ACCOUNT REVENUE SOURCE; DEDICATION. (a) The
212	212	department shall deposit to the credit of the large county and
213	213	municipality recreation and parks account:
214	214	(1) an amount of money equal to 10 percent of the
215	215	credits made to the department under Section 151.801, Tax Code; and
216	216	(2) money from any other source authorized by law.
217	217	(b) The department may deposit to the credit of the large
218	218	county and municipality recreation and parks account:
219	219	(1) private contributions, grants, and donations
220	220	received in connection with this subchapter or Subchapter D,
221	221	Chapter 13; and
222	222	(2) federal funds received in connection with this
223	223	subchapter or Subchapter D, Chapter 13.
224	224	Sec. 24.056. FUNDS FOR GRANTS TO LARGE COUNTIES AND
225	225	MUNICIPALITIES. When state revenue to the large county and
226	226	municipality recreation and parks account exceeds $14 million per
227	227	year, an amount not less than 15 percent shall be made available for
228	228	grants to large counties and municipalities for up to 50 percent of
229	229	the cost of acquisition or development of indoor public recreation
230	230	facilities for indoor recreation programs, sports activities,
231	231	nature programs, or exhibits.
232	232	SECTION 11. Section 43.071(5), Parks and Wildlife Code, is
233	233	amended to read as follows:
234	234	(5) "Pen-reared birds" means bobwhite quail,
235	235	pheasant, pigeons, partridge, and mallard ducks propagated or
236	236	acquired under Chapter 45 of this code.
237	237	SECTION 12. Section 62.021(c), Parks and Wildlife Code, is
238	238	amended to read as follows:
239	239	(c) This section does not prohibit the sale of:
240	240	(1) a live game animal, a dead or live game bird, or
241	241	the feathers of a game bird if the sale is conducted under authority
242	242	of a license or permit issued under this code; or
243	243	(2) the following inedible parts:
244	244	(A) an inedible part, including the feathers,
245	245	bones, or feet, of a game bird other than a migratory game bird that
246	246	was lawfully taken or is lawfully possessed;
247	247	(B) the hair, hide, antlers, bones, horns, skull,
248	248	hooves, or sinew, as applicable, of a deer, pronghorn antelope,
249	249	desert bighorn sheep, collared peccary or javelina, red squirrel,
250	250	or gray squirrel; or
251	251	(C) the feathers of a migratory game bird in
252	252	accordance with federal law.
253	253	SECTION 13. Section 64.002(b), Parks and Wildlife Code, is
254	254	amended to read as follows:
255	255	(b) European starlings, English sparrows, and feral rock
256	256	doves (Columba livia) may be killed at any time in any manner and
257	257	their nests or eggs may be destroyed, and such conduct does not
258	258	constitute an offense under Chapter 42, Penal Code.
259	259	SECTION 14. Section 66.007, Parks and Wildlife Code, is
260	260	amended by amending Subsections (b), (c), and (e) and adding
261	261	Subsections (m), (n), (o), (p), (q), (r), and (s) to read as
262	262	follows:
263	263	(b) The department shall publish a list of:
264	264	(1) exotic fish and exotic[,] shellfish[, and aquatic
265	265	plants] for which a permit under Subsection (a) [of this section] is
266	266	required; and
267	267	(2) exotic aquatic plants, as provided by this
268	268	section, that are approved for importation into or possession in
269	269	this state without a permit.
270	270	(c) The department shall make rules to carry out the
271	271	provisions of this section. In adopting rules that relate to exotic
272	272	aquatic plants, the department shall strive to ensure that the
273	273	rules are as permissive as possible without allowing the
274	274	importation or possession of plants that pose environmental,
275	275	economic, or health problems.
276	276	(e) In this section:
277	277	(1) "Approved list" means the list published by the
278	278	department under Subsection (b)(2) of exotic aquatic plants that a
279	279	person may import into or possess in this state without an exotic
280	280	species permit issued by the department.
281	281	(2) "Exotic [, exotic fish, shellfish, or] aquatic
282	282	plant" means a nonindigenous [fish, shellfish, or] aquatic plant
283	283	that is not normally found in aquatic or riparian areas [the public
284	284	water] of this [the] state.
285	285	(3) "Exotic fish" means a nonindigenous fish that is
286	286	not normally found in the public water of this state.
287	287	(4) "Exotic shellfish" means a nonindigenous
288	288	shellfish that is not normally found in the public water of this
289	289	state.
290	290	(m) A person may not import into or possess in this state an
291	291	exotic aquatic plant unless:
292	292	(1) the plant is on the approved list; or
293	293	(2) the person has an exotic species permit issued by
294	294	the department.
295	295	(n) In compiling the approved list, the department shall
296	296	develop a process to evaluate the potential harm that may be caused
297	297	by the importation or possession of exotic aquatic plant species
298	298	into this state. The process must include the use of:
299	299	(1) a risk assessment model to help determine the
300	300	potential harm of a species to the aquatic environment;
301	301	(2) published scientific research findings;
302	302	(3) findings from regulatory agencies; or
303	303	(4) scientific analyses from third-party
304	304	laboratories.
305	305	(o) The approved list must include an exotic aquatic plant
306	306	that:
307	307	(1) is widespread in this state; and
308	308	(2) is not, as determined by the department, a cause of
309	309	environmental, economic, or health problems.
310	310	(p) The department shall develop an expedited process for
311	311	obtaining approval for inclusion on the approved list of a
312	312	previously unknown exotic aquatic plant. The commission may remove
313	313	an exotic aquatic plant from the approved list if the results of
314	314	further analysis conducted under Subsection (n) indicate that the
315	315	plant should not be on the list. The department may enact an
316	316	emergency rule as provided by Chapter 2001, Government Code, to
317	317	remove an exotic aquatic plant from the approved list if the plant
318	318	is determined to cause environmental, economic, or health problems.
319	319	(q) The commission shall exercise final approval for the
320	320	inclusion of each plant on the approved list.
321	321	(r) In accordance with commission rules, the department may
322	322	issue an exotic species permit to a permit applicant for an exotic
323	323	aquatic plant not on the approved list if the proposed use of the
324	324	plant is:
325	325	(1) as an experimental organism in a medical or other
326	326	scientific research program approved by the department;
327	327	(2) as part of an exhibit approved by the department in
328	328	a public aquarium or public zoo; or
329	329	(3) for an appropriate use that will not result in
330	330	potential environmental, economic, or health problems.
331	331	(s) Nothing in this subchapter regarding exotic aquatic
332	332	plants restricts the department's authority under this code
333	333	regarding exotic harmful or potentially harmful fish or shellfish.
334	334	SECTION 15. Section 66.0071, Parks and Wildlife Code, is
335	335	amended to read as follows:
336	336	Sec. 66.0071. REMOVAL OF HARMFUL AQUATIC PLANTS. On
337	337	leaving any public or private body of water in this state, a person
338	338	shall immediately remove and lawfully dispose of any exotic
339	339	[harmful or potentially harmful] aquatic plant not included on the
340	340	approved list published under Section 66.007(b)(2) that is clinging
341	341	or attached to the person's:
342	342	(1) vessel or watercraft; or
343	343	(2) trailer, motor vehicle, or other mobile device
344	344	used to transport or launch a vessel or watercraft.
345	345	SECTION 16. Title 6, Parks and Wildlife Code, is amended by
346	346	adding Chapter 92 to read as follows:
347	347	CHAPTER 92. INTERSTATE WILDLIFE VIOLATOR COMPACT
348	348	Sec. 92.001. MEMBERSHIP IN INTERSTATE WILDLIFE VIOLATOR
349	349	COMPACT. (a) On behalf of this state, the commission may enter
350	350	into the Interstate Wildlife Violator Compact.
351	351	(b) If necessary to protect the interests of this state, the
352	352	commission may withdraw from the Interstate Wildlife Violator
353	353	Compact in accordance with the terms of the compact.
354	354	(c) The commission may take all actions necessary to
355	355	implement this chapter, including the adoption of rules and the
356	356	delegation of authority to the director.
357	357	SECTION 17. (a) The Parks and Wildlife Department and the
358	358	Texas Youth Commission jointly shall seek representation by the
359	359	attorney general to pursue a modification of the terms and purposes
360	360	of the Parrie Haynes Trust.
361	361	(b) The legislature intends that a modification of the terms
362	362	and purposes of the Parrie Haynes Trust be pursued so that:
363	363	(1) the department may be designated as the state
364	364	agency responsible for the trust, including all trust property and
365	365	investments, and rights associated with the trust;
366	366	(2) control of the Parrie Haynes Ranch may be
367	367	transferred to the department; and
368	368	(3) the purposes of the trust may be appropriately
369	369	expanded to include benefiting disadvantaged and other youths of
370	370	this state.
371	371	(c) This section expires on the earlier of:
372	372	(1) the date a court orders modification of the Parrie
373	373	Haynes Trust in accordance with this section; or
374	374	(2) September 1, 2021.
375	375	SECTION 18. The change in law made by this Act in the
376	376	qualifications of the members of the Parks and Wildlife Commission
377	377	does not affect the entitlement of a person serving as a member of
378	378	the commission immediately before September 1, 2009, to continue to
379	379	carry out the functions of the person's office for the remainder of
380	380	the person's term. The change in law applies only to a person
381	381	appointed on or after September 1, 2009. This Act does not prohibit
382	382	a person who is a member of the Parks and Wildlife Commission
383	383	immediately before September 1, 2009, from being reappointed as a
384	384	commission member if the person has the qualifications required for
385	385	the position under Chapter 11, Parks and Wildlife Code, as amended
386	386	by this Act.
387	387	SECTION 19. The change in law made by this Act to Section
388	388	11.0161, Parks and Wildlife Code, applies only to a complaint filed
389	389	with the Parks and Wildlife Commission or the Parks and Wildlife
390	390	Department on or after September 1, 2009. A complaint filed before
391	391	September 1, 2009, is governed by the law in effect at the time the
392	392	complaint was filed, and the former law is continued in effect for
393	393	that purpose.
394	394	SECTION 20. Section 12.0011(c), Parks and Wildlife Code, as
395	395	added by this Act, applies only to a recommendation or
396	396	informational comment received by a local or state governmental
397	397	agency from the Parks and Wildlife Department on or after September
398	398	1, 2009. A recommendation or informational comment received by a
399	399	local or state governmental agency from the Parks and Wildlife
400	400	Department before September 1, 2009, is governed by the law in
401	401	effect at the time the recommendation or informational comment was
402	402	received, and the former law is continued in effect for that
403	403	purpose.
404	404	SECTION 21. Section 62.021(c), Parks and Wildlife Code, as
405	405	amended by this Act, applies to any sale of inedible parts of an
406	406	animal or bird occurring on or after the effective date of this Act,
407	407	regardless of the date the parts were acquired by the seller.
408	408	SECTION 22. (a) Not later than December 31, 2010, the Parks
409	409	and Wildlife Department shall publish the initial list of approved
410	410	exotic aquatic plants as provided by Section 66.007(b), Parks and
411	411	Wildlife Code, as amended by this Act.
412	412	(b) The Parks and Wildlife Department may not enforce the
413	413	permit requirements or prohibited actions regarding exotic aquatic
414	414	plants that are not on the approved list under Section 66.007(b),
415	415	Parks and Wildlife Code, as amended by this Act, before the date on
416	416	which the list is published.
417	417	(c) The Parks and Wildlife Department shall continue to
418	418	publish a list of harmful or potentially harmful exotic aquatic
419	419	plants for which a permit under Section 66.007(a), Parks and
420	420	Wildlife Code, is required until the date on which the initial list
421	421	of approved exotic aquatic plants is published. The department is
422	422	not required to maintain or publish the list of harmful or
423	423	potentially harmful exotic aquatic plants after the date on which
424	424	the list of approved exotic aquatic plants is published.
425	425	(d) The Parks and Wildlife Department shall continue to
426	426	enforce Section 66.007, Parks and Wildlife Code, with regard to
427	427	harmful or potentially harmful exotic aquatic plants that are
428	428	included on the list for which a permit is required under that
429	429	section as it existed immediately before the effective date of this
430	430	Act, and that law is continued in effect until the date on which the
431	431	department publishes the initial list of approved exotic aquatic
432	432	plants.
433	433	(e) The provisions of Section 66.007, Parks and Wildlife
434	434	Code, as amended by this Act, regarding harmful or potentially
435	435	harmful exotic aquatic plants apply only to an offense that occurs
436	436	on or after the date on which the Parks and Wildlife Department
437	437	publishes the initial list of approved exotic aquatic plants. An
438	438	offense that occurs before the date on which the initial list of
439	439	approved exotic aquatic plants is published is governed by the law
440	440	in effect immediately before the effective date of this Act, and
441	441	that law is continued in effect for that purpose. For purposes of
442	442	this subsection, an offense is committed before the date on which
443	443	the initial list of approved exotic aquatic plants is published if
444	444	any element of the offense occurs before that date.
445	445	(f) The Parks and Wildlife Department may not enforce the
446	446	permit requirements or prohibited actions regarding exotic aquatic
447	447	plants on the list of harmful or potentially harmful plants under
448	448	Section 66.007, Parks and Wildlife Code, as that section existed
449	449	before amendment by this Act, after the date on which the list of
450	450	approved exotic aquatic plants is published.
451	451	(g) Section 66.0071, Parks and Wildlife Code, as amended by
452	452	this Act, applies only to a person who takes a vessel or watercraft
453	453	out of a public or private body of water in this state on or after
454	454	the date the Parks and Wildlife Department publishes the initial
455	455	list of approved exotic aquatic plants under Section 66.007(b),
456	456	Parks and Wildlife Code, as amended by this Act. A person who takes
457	457	a vessel or watercraft out of a public or private body of water in
458	458	this state before the date the list of approved exotic aquatic
459	459	plants is published is governed by the law in effect on the date the
460	460	vessel or watercraft is taken out of the water, and the former law
461	461	remains in effect for that purpose.
462	462	SECTION 23. This Act takes effect September 1, 2009.
463	463	______________________________ ______________________________
464	464	President of the Senate Speaker of the House
465	465	I certify that H.B. No. 3391 was passed by the House on May 4,
466	466	2009, by the following vote: Yeas 137, Nays 0, 1 present, not
467	467	voting; and that the House concurred in Senate amendments to H.B.
468	468	No. 3391 on May 23, 2009, by the following vote: Yeas 138, Nays 0,
469	469	1 present, not voting.
470	470	______________________________
471	471	Chief Clerk of the House
472	472	I certify that H.B. No. 3391 was passed by the Senate, with
473	473	amendments, on May 21, 2009, by the following vote: Yeas 30, Nays
474	474	0.
475	475	______________________________
476	476	Secretary of the Senate
477	477	APPROVED: __________________
478	478	Date
479	479	__________________
480	480	Governor