By: Duncan S.R. No. 130
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 82nd
Legislature, 1st Called Session, 2011, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
Senate Bill 1 (certain state fiscal matters; providing
penalties) to consider and take action on the following matters:
(1) Senate Rule 12.03(1) is suspended to permit the
committee to change text which is not in disagreement in proposed
Section 4.02 of the bill, in added Section 111.0041(c), Tax Code,
to read as follows:
Contemporaneous records and supporting documentation
appropriate to the tax or fee may include, for example, invoices,
vouchers, checks, shipping records, contracts, or other
equivalent records, such as electronically stored images of such
documents, reflecting legal relationships and taxes collected
and paid.
Explanation: The change is necessary to provide clear
examples of what types of records or documentation appropriate to
a tax or fee may be used to verify certain claims.
(2) Senate Rule 12.03(2) is suspended to permit the
committee to omit text which is not in disagreement, Article 5 of
the senate engrossment of Senate Bill No. 1 and the corresponding
article of the bill as the bill was amended by the house of
representatives, relating to unclaimed property, that reads:
ARTICLE 5. UNCLAIMED PROPERTY
SECTION 5.01. Subsection (a), Section 72.101, Property
Code, is amended to read as follows:
(a) Except as provided by this section and Sections
72.1015, 72.1016, 72.1017, and 72.102, personal property is
presumed abandoned if, for longer than three years:
(1) the existence and location of the owner of the
property is unknown to the holder of the property; and
(2) according to the knowledge and records of the
holder of the property, a claim to the property has not been
asserted or an act of ownership of the property has not been
exercised.
SECTION 5.02. Subchapter B, Chapter 72, Property Code,
is amended by adding Section 72.1017 to read as follows:
Sec. 72.1017. UTILITY DEPOSITS. (a) In this section:
(1) "Utility" has the meaning assigned by Section
183.001, Utilities Code.
(2) "Utility deposit" is a refundable money deposit
a utility requires a user of the utility service to pay as a
condition of initiating the service.
(b) Notwithstanding Section 73.102, a utility deposit is
presumed abandoned on the latest of:
(1) the first anniversary of the date a refund check
for the utility deposit was payable to the owner of the deposit;
(2) the first anniversary of the date the utility
last received documented communication from the owner of the
utility deposit; or
(3) the first anniversary of the date the utility
issued a refund check for the deposit payable to the owner of the
deposit if, according to the knowledge and records of the utility
or payor of the check, during that period, a claim to the check
has not been asserted or an act of ownership by the payee has not
been exercised.
SECTION 5.03. Subsection (c), Section 72.102, Property
Code, is amended to read as follows:
(c) A money order to which Subsection (a) applies is
presumed to be abandoned on the latest of:
(1) the third [seventh] anniversary of the date on
which the money order was issued;
(2) the third [seventh] anniversary of the date on
which the issuer of the money order last received from the owner
of the money order communication concerning the money order; or
(3) the third [seventh] anniversary of the date of
the last writing, on file with the issuer, that indicates the
owner's interest in the money order.
SECTION 5.04. Section 72.103, Property Code, is amended
to read as follows:
Sec. 72.103. PRESERVATION OF PROPERTY. Notwithstanding
any other provision of this title except a provision of this
section or Section 72.1016 relating to a money order or a stored
value card, a holder of abandoned property shall preserve the
property and may not at any time, by any procedure, including a
deduction for service, maintenance, or other charge, transfer or
convert to the profits or assets of the holder or otherwise
reduce the value of the property. For purposes of this section,
value is determined as of the date of the last transaction or
contact concerning the property, except that in the case of a
money order, value is determined as of the date the property is
presumed abandoned under Section 72.102(c). If a holder imposes
service, maintenance, or other charges on a money order prior to
the time of presumed abandonment, such charges may not exceed the
amount of $1 [50 cents] per month for each month the money order
remains uncashed prior to the month in which the money order is
presumed abandoned.
SECTION 5.05. Section 73.101, Property Code, is amended
by amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) An account or safe deposit box is presumed abandoned
if:
(1) except as provided by Subsection (c), the
account or safe deposit box has been inactive for at least five
years as determined under Subsection (b);
(2) the location of the depositor of the account or
owner of the safe deposit box is unknown to the depository; and
(3) the amount of the account or the contents of the
box have not been delivered to the comptroller in accordance with
Chapter 74.
(c) If the account is a checking or savings account or is
a matured certificate of deposit, the account is presumed
abandoned if the account has been inactive for at least three
years as determined under Subsection (b)(1).
SECTION 5.06. Subsection (a), Section 74.101, Property
Code, is amended to read as follows:
(a) Each holder who on March 1 [June 30] holds property
that is presumed abandoned under Chapter 72, 73, or 75 of this
code or under Chapter 154, Finance Code, shall file a report of
that property on or before the following July [November] 1. The
comptroller may require the report to be in a particular format,
including a format that can be read by a computer.
SECTION 5.07. Subsection (a), Section 74.1011, Property
Code, is amended to read as follows:
(a) Except as provided by Subsection (b), a holder who on
March 1 [June 30] holds property valued at more than $250 that is
presumed abandoned under Chapter 72, 73, or 75 of this code or
Chapter 154, Finance Code, shall, on or before the following May
[August] 1, mail to the last known address of the known owner
written notice stating that:
(1) the holder is holding the property; and
(2) the holder may be required to deliver the
property to the comptroller on or before July [November] 1 if the
property is not claimed.
SECTION 5.08. Subsections (a) and (c), Section 74.301,
Property Code, are amended to read as follows:
(a) Except as provided by Subsection (c), each holder who
on March 1 [June 30] holds property that is presumed abandoned
under Chapter 72, 73, or 75 shall deliver the property to the
comptroller on or before the following July [November] 1
accompanied by the report required to be filed under Section
74.101.
(c) If the property subject to delivery under Subsection
(a) is the contents of a safe deposit box, the comptroller may
instruct a holder to deliver the property on a specified date
before July [November] 1 of the following year.
SECTION 5.09. Subsection (e), Section 74.601, Property
Code, is amended to read as follows:
(e) The comptroller on receipt or from time to time may
[from time to time] sell securities, including stocks, bonds, and
mutual funds, received under this chapter or any other statute
requiring the delivery of unclaimed property to the comptroller
and use the proceeds to buy, exchange, invest, or reinvest in
marketable securities. When making or selling the investments,
the comptroller shall exercise the judgment and care of a prudent
person.
SECTION 5.10. Section 74.708, Property Code, is amended
to read as follows:
Sec. 74.708. PROPERTY HELD IN TRUST. A holder who on
March 1 [June 30] holds property presumed abandoned under
Chapters 72-75 holds the property in trust for the benefit of the
state on behalf of the missing owner and is liable to the state
for the full value of the property, plus any accrued interest and
penalty. A holder is not required by this section to segregate or
establish trust accounts for the property provided the property
is timely delivered to the comptroller in accordance with Section
74.301.
SECTION 5.11. (a) Except as provided by Subsection (b)
or (c) of this section, this article takes effect on the 91st day
after the last day of the legislative session.
(b) Except as provided by Subsection (c) of this section,
Subsection (a), Section 74.101, Subsection (a), Section 74.1011,
Subsections (a) and (c), Section 74.301, and Section 74.708,
Property Code, as amended by this article, take effect January 1,
2013.
(c) If H.B. No. 257, Acts of the 82nd Legislature,
Regular Session, 2011, becomes law, this article has no effect.
SECTION 5.12. A charge imposed on a money order under
Section 72.103, Property Code, by a holder before the effective
date of this article is governed by the law applicable to the
charge immediately before the effective date of this article, and
the holder may retain the charge.
Explanation: The article is omitted as unnecessary
because its provisions were largely duplicative of those of House
Bill No. 257, Acts of the 82nd Legislature, Regular Session,
2011, as effective September 1, 2011, and January 1, 2013.
(3) Senate Rule 12.03(3) is suspended to permit the
committee to add text on a matter which is not in disagreement in
proposed Sections 5.01 and 5.02 of the bill to read as follows:
SECTION 5.01. Subsection (b), Section 72.1017, Property
Code, as effective September 1, 2011, is amended to read as
follows:
(b) Notwithstanding Section 73.102, a utility deposit is
presumed abandoned on the latest of:
(1) the first anniversary of [18 months after] the
date a refund check for the utility deposit was payable to the
owner of the deposit;
(2) the first anniversary of [18 months after] the
date the utility last received documented communication from the
owner of the utility deposit; or
(3) the first anniversary of [18 months after] the
date the utility issued a refund check for the deposit payable to
the owner of the deposit if, according to the knowledge and
records of the utility or payor of the check, during that period,
a claim to the check has not been asserted or an act of ownership
by the payee has not been exercised.
SECTION 5.02. This article takes effect on the 91st day
after the last day of the legislative session.
Explanation: The change is necessary to provide for a
presumption of abandonment of certain utility deposits after one
year.
(4) Senate Rule 12.03(4) is suspended to permit the
committee in proposed Section 7.01 of the bill to add text on a
matter not included in either the house or the senate version of
the bill to read as follows:
SECTION 7.01. Section 51.008, Government Code, as
effective September 1, 2011, is amended by amending Subsection
(c) and adding Subsection (d) to read as follows:
(c) The Office of Court Administration of the Texas
Judicial System may collect the fees recommended by the process
server review board and approved by the supreme court. Fees
collected under this section shall be sent to the comptroller for
deposit to the credit of the general revenue fund [and may be
appropriated only to the office for purposes of this section].
(d) Fees collected under this section may be appropriated
to the Office of Court Administration of the Texas Judicial
System for the support of regulatory programs for process
servers, guardians, and court reporters.
Explanation: The changes are necessary to clarify the
purposes for which certain deposited fees may be appropriated.
(5) Senate Rule 12.03(2) is suspended to permit the
committee to omit text which is not in disagreement, Section 8.01
of the senate engrossment of Senate Bill No. 1 and the
corresponding section of the bill as the bill was amended by the
house of representatives, relating to petroleum industry
regulation, that reads:
SECTION 8.01. Section 26.3574, Water Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) A fee is imposed on the delivery of a petroleum
product on withdrawal from bulk of that product as provided by
this subsection. Each operator of a bulk facility on withdrawal
from bulk of a petroleum product shall collect from the person
who orders the withdrawal a fee in an amount determined as
follows:
(1) not more than $3.125 [$3.75] for each delivery
into a cargo tank having a capacity of less than 2,500 gallons
[for the state fiscal year beginning September 1, 2007, through
the state fiscal year ending August 31, 2011];
(2) not more than $6.25 [$7.50] for each delivery
into a cargo tank having a capacity of 2,500 gallons or more but
less than 5,000 gallons [for the state fiscal year beginning
September 1, 2007, through the state fiscal year ending August
31, 2011];
(3) not more than $9.37 [$11.75] for each delivery
into a cargo tank having a capacity of 5,000 gallons or more but
less than 8,000 gallons [for the state fiscal year beginning
September 1, 2007, through the state fiscal year ending August
31, 2011];
(4) not more than $12.50 [$15.00] for each delivery
into a cargo tank having a capacity of 8,000 gallons or more but
less than 10,000 gallons [for the state fiscal year beginning
September 1, 2007, through the state fiscal year ending August
31, 2011]; and
(5) not more than $6.25 [$7.50] for each increment
of 5,000 gallons or any part thereof delivered into a cargo tank
having a capacity of 10,000 gallons or more [for the state fiscal
year beginning September 1, 2007, through the state fiscal year
ending August 31, 2011].
(b-1) The commission by rule shall set the amount of the
fee in Subsection (b) in an amount not to exceed the amount
necessary to cover the agency's costs of administering this
subchapter, as indicated by the amount appropriated by the
legislature from the petroleum storage tank remediation account
for that purpose.
Explanation: The text is omitted as unnecessary because
it largely duplicates provisions of Section 4.19, House Bill No.
2694, Acts of the 82nd Legislature, Regular Session, 2011, as
effective September 1, 2011.
(6) Senate Rule 12.03(1) is suspended to permit the
committee to alter text which is not in disagreement in proposed
Section 15.05 of the bill to read as follows:
SECTION 15.05. Subsection (d), Section 19.002, Election
Code, as effective September 1, 2011, is amended to read as
follows:
(d) The secretary of state [comptroller] may not make a
payment under Subsection (b) [issue a warrant] if on June 1 of the
year in which the payment [warrant] is to be made [issued the most
recent notice received by the comptroller from the secretary of
state under Section 18.065 indicates that] the registrar is not
in substantial compliance with Section 15.083, 16.032, or 18.065
or with rules implementing the registration service program.
Explanation: The change is necessary to conform the bill
to changes in law made by House Bill No. 2817, Acts of the 82nd
Legislature, Regular Session, 2011, as effective September 1,
2011.
(7) Senate Rule 12.03(2) is suspended to permit the
committee to omit text which is not in disagreement, text of
Article 24 of the senate engrossment of Senate Bill No. 1 and the
corresponding article of the bill as the bill was amended by the
house of representatives, relating to leasing certain state
facilities, that reads:
ARTICLE 24. FISCAL MATTERS REGARDING LEASING CERTAIN STATE
FACILITIES
SECTION 24.01. The heading to Section 2165.2035,
Government Code, is amended to read as follows:
Sec. 2165.2035. LEASE OF SPACE IN STATE-OWNED PARKING
LOTS AND GARAGES; USE AFTER HOURS.
SECTION 24.02. Subchapter E, Chapter 2165, Government
Code, is amended by adding Sections 2165.204, 2165.2045, and
2165.2046 to read as follows:
Sec. 2165.204. LEASE OF SPACE IN STATE-OWNED PARKING
LOTS AND GARAGES; EXCESS INDIVIDUAL PARKING SPACES. (a) The
commission may lease to a private individual an individual
parking space in a state-owned parking lot or garage located in
the city of Austin that the commission determines is not needed
to accommodate the regular parking requirements of state
employees who work near the lot or garage and visitors to nearby
state government offices.
(b) Money received from a lease under this section shall
be deposited to the credit of the general revenue fund.
(c) In leasing a parking space under Subsection (a), the
commission must ensure that the lease does not restrict uses for
parking lots and garages developed under Section 2165.2035,
including special event parking related to institutions of
higher education.
(d) In leasing or renewing a lease for a parking space
under Subsection (a), the commission shall give preference to an
individual who is currently leasing or previously leased the
parking space.
Sec. 2165.2045. LEASE OF SPACE IN STATE-OWNED PARKING
LOTS AND GARAGES; EXCESS BLOCKS OF PARKING SPACE. (a) The
commission may lease to an institution of higher education or a
local government all or a significant block of a state-owned
parking lot or garage located in the city of Austin that the
commission determines is not needed to accommodate the regular
parking requirements of state employees who work near the lot or
garage and visitors to nearby state government offices.
(b) Money received from a lease under this section shall
be deposited to the credit of the general revenue fund.
(c) In leasing all or a block of a state-owned parking lot
or garage under Subsection (a), the commission must ensure that
the lease does not restrict uses for parking lots and garages
developed under Section 2165.2035, including special event
parking related to institutions of higher education.
(d) In leasing or renewing a lease for all or a block of a
state-owned parking lot or garage under Subsection (a), the
commission shall give preference to an entity that is currently
leasing or previously leased the lot or garage or a block of the
lot or garage.
Sec. 2165.2046. REPORTS ON PARKING PROGRAMS. On or
before October 1 of each even-numbered year, the commission shall
submit a report to the Legislative Budget Board describing the
effectiveness of parking programs developed by the commission
under this subchapter. The report must, at a minimum, include:
(1) the yearly revenue generated by the programs;
(2) the yearly administrative and enforcement costs
of each program;
(3) yearly usage statistics for each program; and
(4) initiatives and suggestions by the commission
to:
(A) modify administration of the programs; and
(B) increase revenue generated by the
programs.
Explanation: The text is omitted as unnecessary because
it largely duplicates or is in conflict with provisions of Senate
Bill No. 1068, Acts of the 82nd Legislature, Regular Session,
2011, as effective June 17, 2011.
(8) Senate Rule 12.03(2) is suspended to permit the
committee to omit text which is not in disagreement, Sections
26.02, 26.03, 26.06, and 26.08 of the senate engrossment of
Senate Bill No. 1 and the corresponding sections of the bill as
the bill was amended by the house of representatives, relating to
the review by the attorney general of invoices related to legal
services provided to state agencies, that reads:
SECTION 26.02. The heading to Section 402.0212,
Government Code, is amended to read as follows:
Sec. 402.0212. PROVISION OF LEGAL SERVICES--OUTSIDE
COUNSEL; FEES.
SECTION 26.03. Section 402.0212, Government Code, is
amended by amending Subsections (b) and (c) and adding
Subsections (d), (e), and (f) to read as follows:
(b) An invoice submitted to a state agency under a
contract for legal services as described by Subsection (a) must
be reviewed by the attorney general to determine whether the
invoice is eligible for payment.
(c) An attorney or law firm must pay an administrative
fee to the attorney general for the review described in
Subsection (b) when entering into a contract to provide legal
services to a state agency.
(d) For purposes of this section, the functions of a
hearing examiner, administrative law judge, or other
quasi-judicial officer are not considered legal services.
(e) [(c)] This section shall not apply to the Texas
Turnpike Authority division of the Texas Department of
Transportation.
(f) The attorney general may adopt rules as necessary to
implement and administer this section.
SECTION 26.06. The fee prescribed by Section 402.0212,
Government Code, as amended by this article, applies only to
invoices for legal services submitted to the office of the
attorney general for review on or after the effective date of
this article.
SECTION 26.08. The changes in law made by this article
apply only to a contract for legal services between a state
agency and a private attorney or law firm entered into on or after
the effective date of this article. A contract for legal
services between a state agency and a private attorney or law
firm entered into before the effective date of this article is
governed by the law in effect at the time the contract was entered
into, and the former law is continued in effect for that purpose.
Explanation: The text is omitted as unnecessary because
it largely duplicates or is in conflict with provisions of Senate
Bill No. 367, Acts of the 82nd Legislature, Regular Session,
2011, as effective June 17, 2011.
(9) Senate Rule 12.03(2) is suspended to permit the
committee to omit text which is not in disagreement, Sections
26.04 and 26.07 of the senate engrossment of Senate Bill No. 1 and
the corresponding sections of the bill as the bill was amended by
the house of representatives, relating to the review by the
attorney general of invoices related to legal services provided
to state agencies, that reads:
SECTION 26.04. Section 371.051, Transportation Code, is
amended to read as follows:
Sec. 371.051. ATTORNEY GENERAL REVIEW AND EXAMINATION
FEE. (a) A toll project entity may not enter into a
comprehensive development agreement unless the attorney general
reviews the proposed agreement and determines that it is legally
sufficient.
(b) A toll project entity shall pay a nonrefundable
examination fee to the attorney general on submitting a proposed
comprehensive development agreement for review. At the time the
examination fee is paid, the toll project entity shall also
submit for review a complete transcript of proceedings related to
the comprehensive development agreement.
(c) If the toll project entity submits multiple proposed
comprehensive development agreements relating to the same toll
project for review, the entity shall pay the examination fee
under Subsection (b) for each proposed comprehensive development
agreement.
(d) The attorney general shall provide a legal
sufficiency determination not later than the 60th business day
after the date the examination fee and transcript of the
proceedings required under Subsection (b) are received. If the
attorney general cannot provide a legal sufficiency
determination within the 60-business-day period, the attorney
general shall notify the toll project entity in writing of the
reason for the delay and may extend the review period for not more
than 30 business days.
(e) After the attorney general issues a legal sufficiency
determination, a toll project entity may supplement the
transcript of proceedings or amend the comprehensive development
agreement to facilitate a redetermination by the attorney
general of the prior legal sufficiency determination issued
under this section.
(f) The toll project entity may collect or seek
reimbursement of the examination fee under Subsection (b) from
the private participant.
(g) The attorney general by rule shall set the
examination fee required under Subsection (b) in a reasonable
amount and may adopt other rules as necessary to implement this
section. The fee may not be set in an amount that is determined
by a percentage of the cost of the toll project. The amount of
the fee may not exceed reasonable attorney's fees charged for
similar legal services in the private sector.
SECTION 26.07. The fee prescribed by Section 371.051,
Transportation Code, as amended by this article, applies only to
a comprehensive development agreement submitted to the office of
the attorney general on or after the effective date of this
article.
Explanation: The text is omitted as unnecessary because
it largely duplicates or is in conflict with provisions of Senate
Bill No. 731, Acts of the 82nd Legislature, Regular Session,
2011, as effective June 17, 2011.
(10) Senate Rule 12.03(4) is suspended to permit the
committee in proposed Sections 23.01-23.04 of the bill to add
text on a matter which is not included in either the house or
senate version of the bill to read as follows:
SECTION 23.01. Section 572.054, Government Code, is
amended by adding Subsection (g-1) to read as follows:
(g-1) For purposes of this section, the Department of
Information Resources is a regulatory agency.
SECTION 23.02. Section 2054.005, Government Code, is
amended to read as follows:
Sec. 2054.005. SUNSET PROVISION. (a) The Department of
Information Resources is subject to Chapter 325 (Texas Sunset
Act). Unless continued in existence as provided by that
chapter, the department is abolished and this chapter expires
September 1, 2013 [2011].
(b) The review of the Department of Information Resources
by the Sunset Advisory Commission in preparation for the work of
the 83rd Legislature, Regular Session, is not limited to the
appropriateness of recommendations made by the commission to the
82nd Legislature. In the commission's report to the 83rd
Legislature, the commission may include any recommendations it
considers appropriate.
SECTION 23.03. Subchapter C, Chapter 2054, Government
Code, is amended by adding Section 2054.064 to read as follows:
Sec. 2054.064. BOARD APPROVAL OF CONTRACTS. The board by
rule shall establish approval requirements for all contracts,
including a monetary threshold above which board approval is
required before the contract may be executed.
SECTION 23.04. Subsection (b), Section 2054.376,
Government Code, is amended to read as follows:
(b) This subchapter does not apply to:
(1) the Department of Public Safety's use for
criminal justice or homeland security purposes of a federal
database or network;
(2) a Texas equivalent of a database or network
described by Subdivision (1) that is managed by the Department of
Public Safety;
(3) the uniform statewide accounting system, as
that term is used in Subchapter C, Chapter 2101;
(4) the state treasury cash and treasury management
system; [or]
(5) a database or network managed by the comptroller
to:
(A) collect and process multiple types of
taxes imposed by the state; or
(B) manage or administer fiscal, financial,
revenue, and expenditure activities of the state under Chapter
403 and Chapter 404; or
(6) a database or network managed by the Department
of Agriculture.
Explanation: The change is necessary to provide for
Sunset Advisory Commission review of and for functions and
activities of the Department of Information Resources and to
provide for the applicability of restrictions on certain
activities by former employees of the Department of Information
Resources.
(11) Senate Rule 12.03(4) is suspended to permit the
committee in proposed Section 23.06 of the bill to add text on a
matter which is not included in either the house or senate
version of the bill to read as follows:
SECTION 23.06. Subsections (b) and (d), Section
2157.068, Government Code, are amended to read as follows:
(b) The department shall negotiate with vendors [to
attempt] to obtain the best value for the state in the purchase of
commodity items. The department may consider strategic sourcing
and other methodologies to select the vendor offering the best
value on [a favorable price for all of state government on
licenses for] commodity items[, based on the aggregate volume of
purchases expected to be made by the state]. The terms and
conditions of a license agreement between a vendor and the
department under this section may not be less favorable to the
state than the terms of similar license agreements between the
vendor and retail distributors.
Explanation: The change is necessary to provide authority
for negotiations for the best value in commodity purchases.
(12) Senate Rule 12.03(1) is suspended to permit the
committee to alter text which is not in disagreement in proposed
Section 26.01 of the bill to read as follows:
SECTION 26.01. Subsection (c), Section 434.017,
Government Code, is amended to read as follows:
(c) Money in the fund may only be appropriated to the
Texas Veterans Commission. Money appropriated under this
subsection shall be used to:
(1) make grants to address veterans' needs; [and]
(2) administer the fund; and
(3) analyze and investigate data received from the
federal Public Assistance Reporting Information System (PARIS)
that is administered by the Administration for Children and
Families of the United States Department of Health and Human
Services.
Explanation: The change is necessary to conform the text
to the change in law made by Senate Bill No. 1739, Acts of the
82nd Legislature, Regular Session, 2011, as effective June 17,
2011.
(13) Senate Rule 12.03(4) is suspended to permit the
committee in proposed Section 34.06 of the bill to add text on a
matter which is not included in either the house or senate
version of the bill to read as follows:
SECTION 34.06. It is the intent of the legislature that
the Legislative Budget Board place information on its Internet
website that provides additional program detail for items of
appropriation in the General Appropriations Act. The
Legislative Budget Board shall include as additional program
detail the specific programs funded, the source of that funding,
and the related statutory authorization.
Explanation: The change is necessary to provide for
greater access to information regarding the state budget.
(14) Senate Rule 12.03(3) is suspended to permit the
committee to add text on a matter which is not in disagreement in
proposed Section 35.02 of the bill by adding Section 314.002(d),
Labor Code, to read as follows:
(d) The commission, for the purposes of this section, may
use:
(1) money appropriated to the commission; and
(2) money that is transferred to the commission from
trusteed programs within the office of the governor, including:
(A) appropriated money from the Texas
Enterprise Fund;
(B) available federal funds; and
(C) money from other appropriate, statutorily
authorized funding sources.
Explanation: The change is necessary to clarify funding
matters for purposes of the Texas Back to Work Program.
(15) Senate Rule 12.03(4) is suspended to permit the
committee in proposed Section 41.01 of the bill to add text on a
matter which is not included in either the house or the senate
version of the bill by adding amended Subsections (b), (c), and
(e), Article 103.0033, Code of Criminal Procedure, to read as
follows:
(b) This article applies only to:
(1) a [each] county with a population of 50,000 or
greater; [in this state] and
(2) a [to each] municipality with a population of
100,000 or greater.
(c) Unless granted a waiver under Subsection (h), each
county and municipality shall develop and implement a program
that complies with the prioritized implementation schedule under
Subsection (h). [A county may develop and implement a program
that complies with the prioritized implementation schedule under
Subsection (h).] A county program must include district, county,
and justice courts.
(e) Not later than June 1 of each year, the office shall
identify those counties and municipalities that:
(1) have not implemented a program; and
(2) are able [planning] to implement a program
before April 1 of the following year.
Explanation: The change is necessary to change the
population of counties to which the Office of Court
Administration's collection improvement program applies.
(16) Senate Rule 12.03(1) is suspended to permit the
committee to alter text which is not in disagreement in proposed
Section 43.03 of the bill, added Section 2306.2585(c),
Government Code, to read as follows:
(c) The department may use any available revenue,
including legislative appropriations, appropriation transfers
from the trusteed programs within the office of the governor,
including authorized appropriations from the Texas Enterprise
Fund, available federal funds, and any other statutorily
authorized and appropriate funding sources transferred from the
trusteed programs within the office of the governor, for the
purposes of this section. The department shall solicit and
accept gifts and grants for the purposes of this section. The
department shall use gifts and grants received for the purposes
of this section before using any other revenue.
Explanation: The change is necessary to clarify the
funding sources available for purposes of the homeless housing
and services program.
(17) Senate Rule 12.03(2) is suspended to permit the
committee to omit text which is not in disagreement, Article 57
of the senate engrossment of Senate Bill No. 1 and the
corresponding article of the bill as the bill was amended by the
house of representatives, relating to the place of business of a
retailer for sales tax purposes, that reads:
ARTICLE 57. PLACE OF BUSINESS OF A RETAILER FOR SALES TAX
PURPOSES
SECTION 57.01. Subdivision (3), Subsection (a), Section
321.002, Tax Code, is amended to read as follows:
(3) "Place of business of the retailer" means an
established outlet, office, or location operated by the retailer
or the retailer's agent or employee for the purpose of receiving
orders for taxable items and includes any location at which three
or more orders are received by the retailer during a calendar
year. A warehouse, storage yard, or manufacturing plant is not a
"place of business of the retailer" unless at least three orders
are received by the retailer during the calendar year at the
warehouse, storage yard, or manufacturing plant. An outlet,
office, facility, or any location that contracts with a retail or
commercial business [engaged in activities to which this chapter
applies] to process for that business invoices, purchase orders,
[or] bills of lading, or other equivalent records onto which
sales tax is added, including an office operated for the purpose
of buying and selling taxable goods to be used or consumed by the
retail or commercial business, is not a "place of business of the
retailer" if the comptroller determines that the outlet, office,
facility, or location functions or exists to avoid the tax
imposed by this chapter or to rebate a portion of the tax imposed
by this chapter to the contracting business. Notwithstanding any
other provision of this subdivision, a kiosk is not a "place of
business of the retailer." In this subdivision, "kiosk" means a
small stand-alone area or structure that:
(A) is used solely to display merchandise or
to submit orders for taxable items from a data entry device, or
both;
(B) is located entirely within a location that
is a place of business of another retailer, such as a department
store or shopping mall; and
(C) at which taxable items are not available
for immediate delivery to a customer.
SECTION 57.02. (a) Except as provided by Subsection (b)
of this section, this article takes effect October 1, 2011.
(b) If H.B. No. 590, Acts of the 82nd Legislature,
Regular Session, 2011, becomes law, this article has no effect.
Explanation: The text is omitted as unnecessary because
it largely duplicates Section 1, House Bill No. 590, Acts of the
82nd Legislature, Regular Session, 2011, as effective September
1, 2011.
(18) Senate Rule 12.03(2) is suspended to permit the
committee to omit text which is not in disagreement, Article 58
of the senate engrossment of Senate Bill No. 1 and the
corresponding article of the bill as the bill was amended by the
house of representatives, relating to farm and ranch lands
conservation, that reads:
ARTICLE 58. TEXAS FARM AND RANCH LANDS CONSERVATION PROGRAM
SECTION 58.01. Subsection (b), Section 183.059, Natural
Resources Code, is amended to read as follows:
(b) To receive a grant from the fund under this
subchapter, an applicant who is qualified to be an easement
holder under this subchapter must submit an application to the
council. The application must:
(1) set out the parties' clear conservation goals
consistent with the program;
(2) include a site-specific estimate-of-value
appraisal by a licensed appraiser qualified to determine the
market value of the easement; and
(3) [demonstrate that the applicant is able to match
50 percent of the amount of the grant being sought, considering
that the council may choose to allow a donation of part of the
appraised value of the easement to be considered as in-kind
matching funds; and
[(4)] include a memorandum of understanding signed
by the landowner and the applicant indicating intent to sell an
agricultural conservation easement and containing the terms of
the contract for the sale of the easement.
SECTION 58.02. If S.B. No. 1044, Acts of the 82nd
Legislature, Regular Session, 2011, becomes law, this article
has no effect.
Explanation: The text is omitted as unnecessary because
it largely duplicates provisions of Section 3, Senate Bill No.
1044, Acts of the 82nd Legislature, Regular Session, 2011, as
effective June 17, 2011.
(19) Senate Rule 12.03(2) is suspended to permit the
committee to omit text which is not in disagreement, Section
60.02 of the senate engrossment of Senate Bill No. 1 and the
corresponding section of the bill as the bill was amended by the
house of representatives, that reads:
SECTION 60.02. Subsection (a), Section 811.012,
Government Code, as effective September 1, 2011, is amended to
read as follows:
(a) Not later than June 1 of every fifth [each] year, the
retirement system shall provide to the comptroller, for the
purpose of assisting the comptroller in the identification of
persons entitled to unclaimed property reported to the
comptroller, the name, address, social security number, and date
of birth of each member, retiree, and beneficiary from the
retirement system's records.
Explanation: The text is omitted as unnecessary because
it duplicates the substance of Section 4, Senate Bill No. 1664,
Acts of the 82nd Legislature, Regular Session, 2011, as effective
September 1, 2011.
(20) Senate Rule 12.03(4) is suspended to permit the
committee in proposed Section 61.02 of the bill to add text on a
matter which is not included in either the house or senate
version of the bill to read as follows:
SECTION 61.02. Subchapter A, Chapter 30A, Education
Code, is amended by adding Section 30A.007 to read as follows:
Sec. 30A.007. LOCAL POLICY ON ELECTRONIC COURSES. (a) A
school district or open-enrollment charter school shall adopt a
policy that provides district or school students with the
opportunity to enroll in electronic courses provided through the
state virtual school network. The policy must be consistent with
the requirements imposed by Section 26.0031.
(b) For purposes of a policy adopted under Subsection
(a), the determination of whether or not an electronic course
will meet the needs of a student with a disability shall be made
by the student's admission, review, and dismissal committee in a
manner consistent with state and federal law, including the
Individuals with Disabilities Education Act (20 U.S.C. Section
1400 et seq.) and Section 504, Rehabilitation Act of 1973 (29
U.S.C. Section 794).
Explanation: The change is necessary to provide for
consistent policies for student enrollment through the state
virtual school network.
(21) Senate Rule 12.03(4) is suspended to permit the
committee in proposed Section 61.03 of the bill to add text on a
matter which is not included in either the house or senate
version of the bill to read as follows:
SECTION 61.03. Subchapter C, Chapter 30A, Education
Code, is amended by adding Section 30A.1021 to read as follows:
Sec. 30A.1021. PUBLIC ACCESS TO USER COMMENTS REGARDING
ELECTRONIC COURSES. (a) The administering authority shall
provide students who have completed or withdrawn from electronic
courses offered through the virtual school network and their
parents with a mechanism for providing comments regarding the
courses.
(b) The mechanism required by Subsection (a) must include
a quantitative rating system and a list of verbal descriptors
that a student or parent may select as appropriate.
(c) The administering authority shall provide public
access to the comments submitted by students and parents under
this section. The comments must be in a format that permits a
person to sort the comments by teacher, electronic course, and
provider school district or school.
Explanation: The change is necessary to gather and
disseminate information on students' and parents' experiences
with the state virtual school network.
(22) Senate Rule 12.03(4) is suspended to permit the
committee in proposed Section 61.04 of the bill to add text on a
matter which is not included in either the house or senate
version of the bill to read as follows:
SECTION 61.04. Section 30A.104, Education Code, is
amended to read as follows:
Sec. 30A.104. COURSE ELIGIBILITY IN GENERAL. (a) A
course offered through the state virtual school network must:
(1) be in a specific subject that is part of the
required curriculum under Section 28.002(a);
(2) be aligned with the essential knowledge and
skills identified under Section 28.002(c) for a grade level at or
above grade level three; and
(3) be the equivalent in instructional rigor and
scope to a course that is provided in a traditional classroom
setting during:
(A) a semester of 90 instructional days; and
(B) a school day that meets the minimum length
of a school day required under Section 25.082.
(b) If the essential knowledge and skills with which an
approved course is aligned in accordance with Subsection (a)(2)
are modified, the provider school district or school must be
provided the same time period to revise the course to achieve
alignment with the modified essential knowledge and skills as is
provided for the modification of a course provided in a
traditional classroom setting.
Explanation: The change is necessary for the
administration of changes in essential knowledge and skills
applicable to an approved state virtual school network course.
(23) Senate Rule 12.03(4) is suspended to permit the
committee in proposed Sections 61.07, 61.08, and 61.09 of the
bill to add text on a matter which is not included in either the
house or senate version of the bill to read as follows:
SECTION 61.07. Subchapter D, Chapter 30A, Education
Code, is amended by adding Section 30A.153 to read as follows:
Sec. 30A.153. FOUNDATION SCHOOL PROGRAM FUNDING. (a) A
school district or open-enrollment charter school in which a
student is enrolled is entitled to funding under Chapter 42 for
the student's enrollment in an electronic course offered through
the state virtual school network in the same manner that the
district or school is entitled to funding for the student's
enrollment in courses provided in a traditional classroom
setting, provided that the student successfully completes the
electronic course.
(b) The commissioner, after considering comments from
school district and open-enrollment charter school
representatives, shall adopt a standard agreement that governs
payment of funds and other matters relating to a student's
enrollment in an electronic course offered through the state
virtual school network. The agreement may not require a school
district or open-enrollment charter school to pay the provider
the full amount until the student has successfully completed the
electronic course.
(c) A school district or open-enrollment charter school
shall use the standard agreement adopted under Subsection (b)
unless:
(1) the district or school requests from the
commissioner permission to modify the standard agreement; and
(2) the commissioner authorizes the modification.
(d) The commissioner shall adopt rules necessary to
implement this section, including rules regarding attendance
accounting.
SECTION 61.08. Subsection (a), Section 42.302, Education
Code, is amended to read as follows:
(a) Each school district is guaranteed a specified amount
per weighted student in state and local funds for each cent of tax
effort over that required for the district's local fund
assignment up to the maximum level specified in this
subchapter. The amount of state support, subject only to the
maximum amount under Section 42.303, is determined by the
formula:
GYA = (GL X WADA X DTR X 100) - LR
where:
"GYA" is the guaranteed yield amount of state funds to be
allocated to the district;
"GL" is the dollar amount guaranteed level of state and
local funds per weighted student per cent of tax effort, which is
an amount described by Subsection (a-1) or a greater amount for
any year provided by appropriation;
"WADA" is the number of students in weighted average daily
attendance, which is calculated by dividing the sum of the school
district's allotments under Subchapters B and C, less any
allotment to the district for transportation, any allotment
under Section 42.158[, 42.159,] or 42.160, and 50 percent of the
adjustment under Section 42.102, by the basic allotment for the
applicable year;
"DTR" is the district enrichment tax rate of the school
district, which is determined by subtracting the amounts
specified by Subsection (b) from the total amount of maintenance
and operations taxes collected by the school district for the
applicable school year and dividing the difference by the
quotient of the district's taxable value of property as
determined under Subchapter M, Chapter 403, Government Code, or,
if applicable, under Section 42.2521, divided by 100; and
"LR" is the local revenue, which is determined by
multiplying "DTR" by the quotient of the district's taxable value
of property as determined under Subchapter M, Chapter 403,
Government Code, or, if applicable, under Section 42.2521,
divided by 100.
SECTION 61.09. Section 42.159, Education Code, is
repealed.
Explanation: The changes are necessary to clarify issues
regarding funding for students enrolled in electronic courses
offered through the state virtual school network.
(24) Senate Rule 12.03(4) is suspended to permit the
committee in proposed Article 66A of the bill to add text on a
matter which is not included in either the house or senate
version of the bill to read as follows:
ARTICLE 66A. GUARDIANSHIP MATTERS AND PROCEEDINGS: AMENDMENTS
TO ESTATES CODE
SECTION 66A.01. Subpart B, Part 2, Subtitle Y, Title 3,
Estates Code, as effective January 1, 2014, is amended by adding
Section 619 to read as follows:
Sec. 619. REVIEW OF TRANSFERRED GUARDIANSHIP. Not later
than the 90th day after the date the transfer of the guardianship
takes effect under Section 616, the court to which the
guardianship was transferred shall hold a hearing to consider
modifying the rights, duties, and powers of the guardian or any
other provisions of the transferred guardianship.
SECTION 66A.02. Section 1253.051, Estates Code, as
effective January 1, 2014, is amended to read as follows:
Sec. 1253.051. APPLICATION FOR RECEIPT AND ACCEPTANCE OF
FOREIGN GUARDIANSHIP. A guardian appointed by a foreign court to
represent an incapacitated person who is residing in this state
or intends to move to this state may file an application with a
court in which the ward resides or intends to reside to have the
guardianship transferred to the court. The application must have
attached a certified copy of all papers of the guardianship filed
and recorded in the foreign court.
SECTION 66A.03. Section 1253.053, Estates Code, as
effective January 1, 2014, is amended by amending Subsection (a)
and adding Subsection (f) to read as follows:
(a) The [On the court's own motion or on the motion of the
ward or any interested person, the] court shall hold a hearing
to:
(1) consider an application for receipt and
acceptance of a foreign guardianship under this subchapter; and
(2) consider modifying the administrative
procedures or requirements of the proposed transferred
guardianship in accordance with local and state law.
(f) At the time of granting an application for receipt
and acceptance of a foreign guardianship, the court may also
modify the administrative procedures or requirements of the
transferred guardianship in accordance with local and state law.
SECTION 66A.04. Subsection (b), Section 1253.102,
Estates Code, as effective January 1, 2014, is amended to read as
follows:
(b) In making a determination under Subsection (a), the
court may consider:
(1) the interests of justice;
(2) the best interests of the ward or proposed ward;
[and]
(3) the convenience of the parties; and
(4) the preference of the ward or proposed ward, if
the ward or proposed ward is 12 years of age or older.
SECTION 66A.05. Chapter 1253, Estates Code, as effective
January 1, 2014, is amended by adding Subchapter D to read as
follows:
SUBCHAPTER D. DETERMINATION OF MOST APPROPRIATE FORUM FOR
CERTAIN GUARDIANSHIP PROCEEDINGS
Sec. 1253.151. DETERMINATION OF ACQUISITION OF
JURISDICTION IN THIS STATE DUE TO UNJUSTIFIABLE CONDUCT. If at
any time a court of this state determines that it acquired
jurisdiction of a proceeding for the appointment of a guardian of
the person or estate, or both, of a ward or proposed ward because
of unjustifiable conduct, the court may:
(1) decline to exercise jurisdiction;
(2) exercise jurisdiction for the limited purpose
of fashioning an appropriate remedy to ensure the health, safety,
and welfare of the ward or proposed ward or the protection of the
ward's or proposed ward's property or prevent a repetition of the
unjustifiable conduct, including staying the proceeding until a
petition for the appointment of a guardian or issuance of a
protective order is filed in a court of another state having
jurisdiction; or
(3) continue to exercise jurisdiction after
considering:
(A) the extent to which the ward or proposed
ward and all persons required to be notified of the proceedings
have acquiesced in the exercise of the court's jurisdiction;
(B) whether the court of this state is a more
appropriate forum than the court of any other state after
considering the factors described by Section 1253.102(b); and
(C) whether the court of any other state would
have jurisdiction under the factual circumstances of the matter.
Sec. 1253.152. ASSESSMENT OF EXPENSES AGAINST PARTY.
(a) If a court of this state determines that it acquired
jurisdiction of a proceeding for the appointment of a guardian of
the person or estate, or both, of a ward or proposed ward because
a party seeking to invoke the court's jurisdiction engaged in
unjustifiable conduct, the court may assess against that party
necessary and reasonable expenses, including attorney's fees,
investigative fees, court costs, communication expenses, witness
fees and expenses, and travel expenses.
(b) The court may not assess fees, costs, or expenses of
any kind against this state or a governmental subdivision,
agency, or instrumentality of this state unless authorized by
other law.
SECTION 66A.06. The following are repealed:
(1) Section 1253.054, Estates Code, as effective
January 1, 2014;
(2) the changes in law made by Sections 66.05 and
66.06 of this Act to Sections 892 and 894, Texas Probate Code; and
(3) Section 895, Texas Probate Code, as added by
Section 66.07 of this Act.
SECTION 66A.07. This article takes effect January 1,
2014.
Explanation: The change is necessary to conform the
provisions of the Estates Code, as effective January 1, 2014, to
the changes in law to be made by proposed Article 66 of the bill
to the Texas Probate Code.
(25) Senate Rule 12.03(4) is suspended to permit the
committee in proposed Article 71 of the bill to add text on a
matter which is not included in either the house or senate
version of the bill to read as follows:
ARTICLE 71. CHRONIC HEALTH CONDITIONS SERVICES MEDICAID WAIVER
PROGRAM
SECTION 71.01. Subchapter B, Chapter 531, Government
Code, is amended by adding Section 531.0226 to read as follows:
Sec. 531.0226. CHRONIC HEALTH CONDITIONS SERVICES
MEDICAID WAIVER PROGRAM. (a) If feasible and cost-effective, the
commission may apply for a waiver from the federal Centers for
Medicare and Medicaid Services or another appropriate federal
agency to more efficiently leverage the use of state and local
funds in order to maximize the receipt of federal Medicaid
matching funds by providing benefits under the Medicaid program
to individuals who:
(1) meet established income and other eligibility
criteria; and
(2) are eligible to receive services through the
county for chronic health conditions.
(b) In establishing the waiver program under this
section, the commission shall:
(1) ensure that the state is a prudent purchaser of
the health care services that are needed for the individuals
described by Subsection (a);
(2) solicit broad-based input from interested
persons;
(3) ensure that the benefits received by an
individual through the county are not reduced once the individual
is enrolled in the waiver program; and
(4) employ the use of intergovernmental transfers
and other procedures to maximize the receipt of federal Medicaid
matching funds.
Explanation: The change is necessary to provide for
prudent purchasing of services for chronic health conditions and
to maximize receipt of federal Medicaid matching funds.
(26) Senate Rule 12.03(4) is suspended to permit the
committee in proposed Article 74 of the bill to add text on a
matter which is not included in either the house or the senate
version of the bill to read as follows:
ARTICLE 74. OPERATION AND ADMINISTRATION OF THE TEXAS DEPARTMENT
OF HOUSING AND COMMUNITY AFFAIRS
SECTION 74.01. Section 2306.022, Government Code, is
amended to read as follows:
Sec. 2306.022. APPLICATION OF SUNSET ACT. The Texas
Department of Housing and Community Affairs is subject to Chapter
325 (Texas Sunset Act). Unless continued in existence as
provided by that chapter, the department is abolished and this
chapter expires September 1, 2013 [2011].
SECTION 74.02. Subsections (d-1) and (d-2), Section
2306.111, Government Code, are amended to read as follows:
(d-1) In allocating low income housing tax credit
commitments under Subchapter DD, the department shall, before
applying the regional allocation formula prescribed by Section
2306.1115, set aside for at-risk developments, as defined by
Section 2306.6702, not less than the minimum amount of housing
tax credits required under Section 2306.6714. Funds or credits
are not required to be allocated according to the regional
allocation formula under Subsection (d) if:
(1) the funds or credits are reserved for
contract-for-deed conversions or for set-asides mandated by
state or federal law and each contract-for-deed allocation or
set-aside allocation equals not more than 10 percent of the total
allocation of funds or credits for the applicable program;
(2) the funds or credits are allocated by the
department primarily to serve persons with disabilities; or
(3) the funds are housing trust funds administered
by the department under Sections 2306.201-2306.206 that are not
otherwise required to be set aside under state or federal law and
do not exceed $3 million for each programmed activity during each
application cycle.
(d-2) In allocating low income housing tax credit
commitments under Subchapter DD, the department shall allocate
five percent of the housing tax credits in each application cycle
to developments that receive federal financial assistance
through the Texas Rural Development Office of the United States
Department of Agriculture. Any funds allocated to developments
under this subsection that involve rehabilitation must come from
the funds set aside for at-risk developments under Section
2306.6714 and any additional funds set aside for those
developments under Subsection (d-1). This subsection does not
apply to a development financed wholly or partly under Section
538 of the Housing Act of 1949 (42 U.S.C. Section 1490p-2) unless
the development involves the rehabilitation of an existing
property that has received and will continue to receive as part
of the financing of the development federal financial assistance
provided under Section 515 of the Housing Act of 1949 (42 U.S.C.
Section 1485).
SECTION 74.03. Section 2306.67022, Government Code, is
amended to read as follows:
Sec. 2306.67022. QUALIFIED ALLOCATION PLAN; MANUAL. At
least biennially, the [The] board [annually] shall adopt a
qualified allocation plan and a corresponding manual to provide
information regarding the administration of and eligibility for
the low income housing tax credit program. The board may adopt
the plan and manual annually, as considered appropriate by the
board.
SECTION 74.04. Subsections (b) and (f), Section
2306.6711, Government Code, are amended to read as follows:
(b) Not later than the deadline specified in the
qualified allocation plan, the board shall issue commitments for
available housing tax credits based on the application
evaluation process provided by Section 2306.6710. The board may
not allocate to an applicant housing tax credits in any
unnecessary amount, as determined by the department's
underwriting policy and by federal law, and in any event may not
allocate to the applicant housing tax credits in an amount
greater than $3 [$2] million in a single application round or to
an individual development more than $2 million in a single
application round.
(f) The board may allocate housing tax credits to more
than one development in a single community, as defined by
department rule, in the same calendar year only if the
developments are or will be located more than two [one] linear
miles [mile] apart. This subsection applies only to communities
contained within counties with populations exceeding one
million.
SECTION 74.05. Subsections (a), (b), and (c), Section
2306.6724, Government Code, are amended to read as follows:
(a) Regardless of whether the board will adopt the plan
annually or biennially [Not later than September 30 of each
year], the department, not later than September 30 of the year
preceding the year in which the new plan is proposed for use,
shall prepare and submit to the board for adoption any proposed
[the] qualified allocation plan required by federal law for use
by the department in setting criteria and priorities for the
allocation of tax credits under the low income housing tax credit
program.
(b) Regardless of whether the board has adopted the plan
annually or biennially, the [The] board shall [adopt and] submit
to the governor any proposed [the] qualified allocation plan not
later than November 15 of the year preceding the year in which the
new plan is proposed for use.
[(c)] The governor shall approve, reject, or modify and
approve the proposed qualified allocation plan not later than
December 1.
SECTION 74.06. Section 1201.104, Occupations Code, is
amended by amending Subsections (a), (g), and (h) and adding
Subsections (a-1), (a-2), (a-3), and (a-4) to read as follows:
(a) Except as provided by Subsection (g) [(e)], as a
requirement for a manufacturer's, retailer's, broker's,
installer's, salvage rebuilder's, or salesperson's license, a
person who was not licensed or registered with the department or
a predecessor agency on September 1, 1987, must, not more than 12
months before applying for the person's first license under this
chapter, attend and successfully complete eight [20] hours of
instruction in the law, including instruction in consumer
protection regulations.
(a-1) If the applicant is not an individual, the
applicant must have at least one related person who satisfies the
requirements of Subsection (a) [meets this requirement]. If that
applicant is applying for a retailer's license, the related
person must be a management official who satisfies the
requirements of Subsections (a) and (a-2) at each retail location
operated by the applicant.
(a-2) An applicant for a retailer's license must complete
four hours of specialized instruction relevant to the sale,
exchange, and lease-purchase of manufactured homes. The
instruction under this subsection is in addition to the
instruction required under Subsection (a).
(a-3) An applicant for an installer's license must
complete four hours of specialized instruction relevant to the
installation of manufactured homes. The instruction under this
subsection is in addition to the instruction required under
Subsection (a).
(a-4) An applicant for a joint installer-retailer
license must comply with Subsections (a-2) and (a-3), for a total
of eight hours of specialized instruction. The instruction under
this subsection is in addition to the instruction required under
Subsection (a).
(g) Subsections [Subsection] (a), (a-2), (a-3), and
(a-4) do [does] not apply to a license holder who applies:
(1) for a license for an additional business
location; or
(2) to renew or reinstate a license.
(h) An examination must be a requirement of successful
completion of any initial required course of instruction under
this section. The period needed to complete an examination under
this subsection may not be used to satisfy the minimum education
requirements under Subsection (a), (a-2), (a-3), or (a-4).
SECTION 74.07. Section 1201.303, Occupations Code, is
amended by amending Subsection (b) and adding Subsections (c),
(d), (e), (f), and (g) to read as follows:
(b) The department shall establish an installation
inspection program in which at least 75 [25] percent of installed
manufactured homes are inspected on a sample basis for compliance
with the standards and rules adopted and orders issued by the
director. The program must place priority on inspecting
multisection homes and homes installed in Wind Zone II counties.
(c) On or after January 1, 2015, the director by rule
shall establish a third-party installation inspection program to
supplement the inspections of the department if the department is
not able to inspect at least 75 percent of manufactured homes
installed in each of the calendar years 2012, 2013, and 2014.
(d) The third-party installation inspection program
established under Subsection (c) must:
(1) establish qualifications for third-party
inspectors to participate in the program;
(2) require third-party inspectors to register with
the department before participating in the program;
(3) establish a biennial registration and renewal
process for third-party inspectors;
(4) require the list of registered third-party
inspectors to be posted on the department's Internet website;
(5) establish clear processes governing inspection
fees and payment to third-party inspectors;
(6) establish the maximum inspection fee that may be
charged to a consumer;
(7) require a third-party inspection to occur not
later than the 14th day after the date of installation of the
manufactured home;
(8) establish a process for a retailer or broker to
contract, as part of the sale of a new or used manufactured home,
with an independent third-party inspector to inspect the
installation of the home;
(9) establish a process for an installer to schedule
an inspection for each consumer-to-consumer sale where a home is
reinstalled;
(10) if a violation is noted in an inspection,
require the installer to:
(A) remedy the violations noted;
(B) have the home reinspected at the
installer's expense; and
(C) certify to the department that all
violations have been corrected;
(11) require an inspector to report inspection
results to the retailer, installer, and the department;
(12) require all persons receiving inspection
results under Subdivision (11) to maintain a record of the
results at least until the end of the installation warranty
period;
(13) authorize the department to charge a filing fee
and an inspection fee for third-party inspections;
(14) authorize the department to continue to
conduct no-charge complaint inspections under Section 1201.355
on request, but only after an initial installation inspection is
completed;
(15) establish procedures to revoke the
registration of inspectors who fail to comply with rules adopted
under this section; and
(16) require the department to notify the relevant
state agency if the department revokes an inspector registration
based on a violation that is relevant to a license issued to the
applicable person by another state agency.
(e) Not later than January 1, 2015, the department shall
submit to the Legislative Budget Board, the Governor's Office of
Budget, Planning, and Policy, and the standing committee of each
house of the legislature having primary jurisdiction over
housing a report concerning whether the department inspected at
least 75 percent of manufactured homes installed in each of the
calendar years 2012, 2013, and 2014.
(f) Not later than December 1, 2015, the director shall
adopt rules as necessary to implement Subsections (c) and (d) if
the department did not inspect at least 75 percent of
manufactured homes installed in each of the calendar years 2012,
2013, and 2014. Not later than January 1, 2016, the department
shall begin registering third-party inspectors under Subsections
(c) and (d) if the department inspections did not occur as
described by this subsection.
(g) If the department is not required to establish a
third-party installation inspection program as provided by
Subsection (c), Subsections (c), (d), (e), and (f) and this
subsection expire September 1, 2016.
SECTION 74.08. The changes in law made by this article to
Section 2306.6711, Government Code, apply only to an application
for low income housing tax credits that is submitted to the Texas
Department of Housing and Community Affairs during an
application cycle that begins on or after the effective date of
this Act. An application that is submitted during an application
cycle that began before the effective date of this Act is
governed by the law in effect at the time the application cycle
began, and the former law is continued in effect for that
purpose.
SECTION 74.09. The change in law made by this article in
amending Section 1201.104, Occupations Code, applies only to an
application for a license filed with the executive director of
the manufactured housing division of the Texas Department of
Housing and Community Affairs on or after the effective date of
this article. An application for a license filed before that
date is governed by the law in effect on the date the application
was filed, and the former law is continued in effect for that
purpose.
Explanation: The changes are necessary to provide for the
administration and Sunset Advisory Commission review of the
Texas Department of Housing and Community Affairs, including the
department's activities related to certain housing tax credits
and the regulation of manufactured housing and mobile homes.
(27) Senate Rule 12.03(4) is suspended to permit the
committee in proposed Article 79A of the bill to add text on a
matter which is not included in either the house or senate
version of the bill to read as follows:
ARTICLE 79A. CONFIDENTIALITY OF CERTAIN PEACE OFFICER VOUCHERS
SECTION 79A.01. Subchapter H, Chapter 660, Government
Code, is amended by adding Section 660.2035 to read as follows:
Sec. 660.2035. CONFIDENTIALITY OF CERTAIN PEACE OFFICER
VOUCHERS; QUARTERLY SUMMARIES. (a) A voucher or other expense
reimbursement form, and any receipt or other document supporting
that voucher or other expense reimbursement form, that is
submitted or to be submitted under Section 660.027 is
confidential under Chapter 552 for a period of 18 months
following the date of travel if the voucher or other expense
reimbursement form is submitted or is to be submitted for payment
or reimbursement of a travel expense incurred by a peace officer
while assigned to provide protection for an elected official of
this state or a member of the elected official's family.
(b) At the expiration of the period provided by
Subsection (a), the voucher or other expense reimbursement form
and any supporting documents become subject to disclosure under
Chapter 552 and are not excepted from public disclosure or
confidential under that chapter or other law, except that the
following provisions of that chapter apply to the information in
the voucher, reimbursement form, or supporting documents:
(1) Section 552.117;
(2) Section 552.1175;
(3) Section 552.119;
(4) Section 552.136;
(5) Section 552.137;
(6) Section 552.147; and
(7) Section 552.151.
(c) A state agency that submits vouchers or other expense
reimbursement forms described by Subsection (a) shall prepare
quarterly a summary of the amounts paid or reimbursed by the
comptroller based on those vouchers or other expense
reimbursement forms. Each summary must:
(1) list separately for each elected official the
final travel destinations and the total amounts paid or
reimbursed in connection with protection provided to each
elected official and that elected official's family members; and
(2) itemize the amounts listed under Subdivision
(1) by the categories of travel, fuel, food, lodging or rent, and
other operating expenses.
(d) The itemized amounts under Subsection (c)(2) must
equal the total amount listed under Subsection (c)(1) for each
elected official for the applicable quarter.
(e) A summary prepared under Subsection (c) may not
include:
(1) the number or names of the peace officers or
elected official's family members identified in the vouchers,
expense reimbursement forms, or supporting documents;
(2) the name of any business or vendor identified in
the vouchers, expense reimbursement forms, or supporting
documents; or
(3) the locations in which expenses were incurred,
other than the city, state, and country in which incurred.
(f) A summary prepared under Subsection (c) is subject to
disclosure under Chapter 552, except as otherwise excepted from
disclosure under that chapter.
(g) A state agency that receives a request for
information described by Subsection (a) during the period
provided by that subsection may withhold that information
without the necessity of requesting a decision from the attorney
general under Subchapter G, Chapter 552. The Supreme Court of
Texas has original and exclusive mandamus jurisdiction over any
dispute regarding the construction, applicability, or
constitutionality of Subsection (a). The supreme court may
appoint a master to assist in the resolution of any such dispute
as provided by Rule 171, Texas Rules of Civil Procedure, and may
adopt additional rules as necessary to govern the procedures for
the resolution of any such dispute.
SECTION 79A.02. Section 660.2035, Government Code, as
added by this article, applies according to its terms in relation
to travel vouchers or other reimbursement form and any supporting
documents that pertain to expenses incurred or paid on or after
the effective date of this article.
Explanation: The changes are necessary to provide for
confidentiality and disclosure requirements for vouchers
submitted for expenses incurred by a peace officer while assigned
to provide protection for an elected official of this state or a
member of the elected official's family.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on June 28, 2011, by
the
_______________________________
Secretary of the Senate