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Relating to the creation, purpose, implementation, and funding of the County Park Beautification and Improvement Program.
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AN ACT relating to the creation, purpose, implementation, and funding of the County Park Beautification and Improvement Program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle B, Title 10, Local Government Code, is amended by adding Chapter 328 to read as follows: CHAPTER 328. COUNTY PARK BEAUTIFICATION AND IMPROVEMENT PROGRAM Sec. 328.001. PURPOSE; CREATION. It is the intent of the legislature that each county dedicating land for use as county parks be encouraged to beautify and improve those parks through measures including but not limited to improvements in or additions to lighting, directional and educational signs, litter abatement strategies, and landscaping and landscape maintenance policies. In furtherance of these goals, the County Park Beautification and Improvement Program is established. Sec. 328.002. IMPLEMENTATION. The commissioners court of a county may by majority vote elect to participate in the program. On such election, the commissioners court shall designate one person in the division of the county government responsible for the care and maintenance of the county parks as the coordinator for the program. The coordinator may solicit advice and assistance from state and county agencies and private organizations in developing and implementing the program. Sec. 328.003. REPORT; ADOPTION. The coordinator shall report to the commissioners court the coordinator's findings and shall recommend an implementation strategy to the commissioners court. The commissioners court may reject or adopt the implementation strategy. If the commissioners court rejects the strategy, it shall specify to the coordinator the reasons for such rejection, and the coordinator shall develop a new implementation strategy to present to the commissioners court within six months of the rejection. On adoption of an implementation strategy, the commissioners court may fund the program as provided in Section 328.004. Sec. 328.004. FUNDING. The commissioners court of a county electing to participate in the program may solicit and accept bequests, donations, grants, and other money, goods, and services from federal, state, and private sources to finance and further the goals of the program but may not levy any tax or receive any legislative appropriation to fund such participation. The state is not liable for debts or other obligations incurred by a county in implementing or planning to implement the program under this chapter. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to the creation, purpose, implementation, and funding of the County Park Beautification and Improvement Program.
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Relating to an interlocal contract between a governmental entity and a purchasing cooperative to purchase roofing materials or services.
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AN ACT relating to an interlocal contract between a governmental entity and a purchasing cooperative to purchase roofing materials or services. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 791.011, Government Code, is amended by adding Subsections (h-1) and (h-2) to read as follows: (h-1) In this subsection, "roofing materials or services" includes materials or services for repair or replacement of a roof. An interlocal contract between a governmental entity and a purchasing cooperative may not be used to purchase roofing materials or services from a person who provided consulting services to the cooperative on the contract, including providing specifications for bids on the contract. This prohibition also applies to: (1) a person that is an agent, subsidiary, or parent company of the person who consulted with the cooperative; or (2) a person related in the second degree of consanguinity or affinity to a person who consulted with the cooperative. (h-2) The prohibition under Subsection (h-1) does not apply to a renewal of a contract based on a request for proposal submitted, or substantially similar to a request for proposal submitted, before October 1, 2011, if the contract is renewed before October 1, 2012. This subsection expires October 1, 2012. SECTION 2. The change in law made by this Act to Section 791.011, Government Code, applies only to an interlocal contract or an amendment to, supplement to, or waiver of a provision of a contract made on or after the effective date of this Act. An interlocal contract or an amendment to, supplement to, or waiver of a provision of a contract made before the effective date of this Act is governed by the law in effect when the contract or amendment, supplement, or waiver was made, and the former law is continued for that purpose. SECTION 3. This Act takes effect October 1, 2011.
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Relating to an interlocal contract between a governmental entity and a purchasing cooperative to purchase roofing materials or services.
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Relating to revising, revoking, or denying renewal of charters of open-enrollment charter schools under certain circumstances.
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AN ACT relating to revising, revoking, or denying renewal of charters of open-enrollment charter schools under certain circumstances. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 12, Education Code, is amended by adding Section 12.1141 to read as follows: Sec. 12.1141. REVISION: ADDING SCHOOLS UNDER CERTAIN CIRCUMSTANCES. (a) Except as provided by Subsection (b), the commissioner may not deny approval for a charter holder to add one or more additional open-enrollment charter schools under an existing open-enrollment charter granted to the charter holder if: (1) considering available data, the charter holder meets all criteria established by rule for adding a charter school under an existing charter other than criteria for performance based on dropout and completion rates of one or more existing charter schools under the charter and the charter holder demonstrates through a process developed by the agency that those criteria would be met if: (A) a student enrolled at the charter school who is at least 17 years of age at the time of enrollment were not considered a dropout; and (B) a student who graduates from the charter school before or during the student's sixth year of high school were considered a high school graduate; (2) the charter holder, at the time of submission of the application for approval to add one or more additional charter schools, has been assigned a financial accountability rating under Subchapter D, Chapter 39, indicating financial performance that is satisfactory or better; and (3) each additional charter school: (A) will serve only high school students; (B) will have an enrollment of students of whom at least 50 percent did not graduate with a ninth grade cohort; and (C) will be in the geographical area described for the charter under Section 12.111(a)(14). (b) The commissioner may not approve a total of more than 10 additional charter schools under Subsection (a). The commissioner may, in accordance with commissioner rule, limit the enrollment of an additional charter school as necessary to conform to the capacity limits of the charter holder or the demand for services in the geographical area, as determined by the commissioner, but may not limit the enrollment of an additional charter school to less than the number of students currently enrolled at the high school level at a charter school operated by the charter holder that focuses on dropout recovery. (c) This section expires September 1, 2013. SECTION 2. Subchapter D, Chapter 12, Education Code, is amended by adding Section 12.1151 to read as follows: Sec. 12.1151. LIMITATION ON REVOCATION OR DENIAL OF RENEWAL FOR CERTAIN CHARTER SCHOOLS. (a) This section applies only to an open-enrollment charter school that has an enrollment of students of whom at least 50 percent did not graduate with a ninth grade cohort. (b) The commissioner may not revoke or deny renewal of the charter of an open-enrollment charter school to which this section applies if: (1) considering available data, the charter holder meets all criteria established by rule for adding a charter school under an existing charter other than criteria for performance based on dropout and completion rates of one or more existing charter schools under the charter and the charter holder demonstrates through a process developed by the agency that those criteria would be met if: (A) a student enrolled at the charter school who is at least 17 years of age at the time of enrollment were not considered a dropout; and (B) a student who graduates from the charter school before or during the student's sixth year of high school were considered a high school graduate; and (2) the charter holder, at the time the ratings appeal is filed, has been assigned a financial accountability rating under Subchapter D, Chapter 39, that indicates financial performance that is satisfactory or better. (c) This section expires September 1, 2013. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to revising, revoking, or denying renewal of charters of open-enrollment charter schools under certain circumstances.
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Congratulating Matt Dearmon on his selection as the Round Rock ISD Secondary Teacher of the Year for 2009.
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WHEREAS, Matt Dearmon has been named the 2009 Secondary Teacher of the Year by the Round Rock Independent School District; and WHEREAS, Mr. Dearmon is a graduate of Louisiana State University, where he earned a bachelor's degree in English and a master's degree in education; an enthusiastic student, he will begin additional graduate course work in cultural studies and education in fall 2009 at The University of Texas at Austin; and WHEREAS, The son of an art teacher, Mr. Dearmon tutored foster children during his college years, and he went on to teach for a year at a public school in New Orleans; and WHEREAS, Since 2005, this talented educator has taught for Round Rock ISD, and he currently teaches English and heads the English department at Stony Point Ninth-Grade Center, where he has distinguished himself with his innovative lessons and his ability to engage a wide range of students; and WHEREAS, Mr. Dearmon is also cosponsor of the Philosophy Club at Stony Point, and he serves the entire district as a diversity trainer and as a member of the Response to Intervention Committee; and WHEREAS, There is no more important work than educating the young people of Texas, and Matt Dearmon's achievement is a fitting acknowledgment of the positive and lasting difference one committed person can make in the lives of young people; now, therefore, be it RESOLVED, That the House of Representatives of the 81st Texas Legislature hereby congratulate Matt Dearmon on his selection as the Round Rock Independent School District Secondary Teacher of the Year for 2009 and extend to him sincere best wishes for continued success and happiness; and, be it further RESOLVED, That an official copy of this resolution be prepared for Mr. Dearmon as an expression of high regard by the Texas House of Representatives. Maldonado Speaker of the House I certify that H.R. No. 2251 was adopted by the House on May 25, 2009, by a non-record vote. Chief Clerk of the House
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Congratulating Matt Dearmon on his selection as the Round Rock ISD Secondary Teacher of the Year for 2009.
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Relating to the reduction in force of teachers employed by a school district.
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AN ACT relating to the reduction in force of teachers employed by a school district. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 21.157, Education Code, is amended to read as follows: Sec. 21.157. NECESSARY REDUCTION OF PERSONNEL. A teacher employed under a continuing contract may be released at the end of a school year and the teacher's employment with the school district terminated at that time because of a necessary reduction of personnel by the school district [ with those reductions made in the reverse order of seniority in the specific teaching fields].SECTION 2. This Act takes effect on the 91st day after the last day of the legislative session.
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Relating to the reduction in force of teachers employed by a school district.
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Relating to the duty of a law enforcement agency to request information regarding the immigration status of an arrested person.
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AN ACT relating to the duty of a law enforcement agency to request information regarding the immigration status of an arrested person. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.253 to read as follows: Art. 2.253. INFORMATION REQUEST REGARDING ARRESTED PERSON'S IMMIGRATION STATUS. Not later than 48 hours after a person is arrested and before the person is released on bond, the law enforcement agency that has custody of the person shall: (1) request information regarding the person's immigration status from: (A) a peace officer or other law enforcement officer of this state who is authorized under federal law to verify a person's immigration status; or (B) a federal law enforcement officer, in accordance with 8 U.S.C. Section 1373(c); and (2) notify United States Immigration and Customs Enforcement that the person is in the custody of the law enforcement agency if information received following a request under Subdivision (1) reveals that the person: (A) is not a citizen or national of the United States; and (B) is unlawfully present in the United States according to the terms of the Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.). SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to the duty of a law enforcement agency to request information regarding the immigration status of an arrested person.
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Relating to reimbursement for health care services provided at certain times to persons enrolled in the Medicaid managed care program.
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AN ACT relating to reimbursement for health care services provided at certain times to persons enrolled in the Medicaid managed care program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 533.01315, Government Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows: (b) Subject to Subsection (b-1), the [The] commission shall ensure that a federally qualified health center,physician office, urgent care facility,rural health clinic, or municipal health department's public clinic is reimbursed for health care services provided to a recipient outside of regular business hours, including on a weekend or holiday, at a rate that is equal to the allowable rate for those services as determined under Section 32.028, Human Resources Code, regardless of whether the recipient has a referral from the recipient's primary care provider. (b-1) A physician who is a specialist may not be reimbursed under this section for the provision of specialty services. SECTION 2. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted. SECTION 3. This Act takes effect on the 91st day after the last day of the legislative session.
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Relating to reimbursement for health care services provided at certain times to persons enrolled in the Medicaid managed care program.
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Relating to the optional flexible school day program provided by school districts.
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AN ACT relating to the optional flexible school day program provided by school districts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 29.0822(a), Education Code, is amended to read as follows: (a) Notwithstanding Section 25.081 or 25.082, a school district may apply to the commissioner to provide a flexible school day program for [students who]:(1) students who have dropped out of school or are at risk of dropping out of school as defined by Section 29.081; (2) students who attend a campus that is implementing an innovative redesign of the campus or an early college high school under a plan approved by the commissioner; [or] (3) students who, as a result of attendance requirements under Section 25.092, will be denied credit for one or more classes in which the students have been enrolled;or (4) a campus or campuses that would benefit from the program.SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to the optional flexible school day program provided by school districts.
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Appropriating money for the support of state government for the period beginning September 1, 2011 and ending August 31, 2013; and authorizing and prescribing conditions, limitations, rules, and procedures for allocating and expending the appropriated funds; and declaring an emergency.
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82(1) HB 2-Introduced version-Bill Text By: Pitts H.B. No. 2 A BILL TO BE ENTITLED AN ACT appropriating money for the support of state government for the period beginning September 1, 2011 and ending August 31, 2013; and authorizing and prescribing conditions, limitations, rules, and procedures for allocating and expending the appropriated funds; and declaring an emergency. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The several sums of money herein specified, or so much thereby as may be necessary, are appropriated out of any funds in the State Treasury not otherwise appropriated, or out of special funds as indicated, for the support, maintenance, or improvement of the designated agencies. SECTION 2. Contingency for Senate Bill.Contingent on enactment of Senate Bill,or similar legislation relating to state contributions to the Law Enforcement and Custodial Officer Supplemental Retirement, in addition to amounts appropriated in House Bill 1, Acts of the 82nd Legislature, Regular Session, 2011 in Strategy A.1.2, Law Enforcement and Custodial Officer Supplemental Retirement Fund, the Employees Retirement System is hereby appropriated the following amounts in fiscal year 2013 for a state contribution of 0.5 percent to the Law Enforcement and Custodial Officer Supplemental Retirement Program in fiscal year 2013: General Revenue $6,698,395 General Revenue-Dedicated 96,261 Federal Funds 29,330 Fund 006 696,386 All Funds $7,520,472 SECTION 3. Tobacco User Monthly Premium Fee. Contingent upon enactment of Senate Bill or similar legislation relating to the creation of a tobacco user monthly premium fee, by the Eighty-Second Legislature, 2011 the Employees Retirement System shall apply a $30 monthly tobacco user fee to any tobacco user covered under the state health plan. Also contingent upon the enactment of this legislation, the Comptroller of Public Accounts shall deposit revenue from the fee (estimated to be $16,720,343 in fiscal year 2012 and $25,080,514 in fiscal year 2013) into the Employees Life, Accident, Health Insurance and Benefits Trust Account SECTION 4. Contingency for Senate Bill:Debt Service on Cancer Prevention and Research Bonds. The appropriations made in House Bill 1, Acts of the 82nd Legislature, Regular Session, 2011 to the Texas Public Finance Authority for General Obligation Bond Debt Service are subject to the following provision. Appropriations out of the Permanent Fund for Health & Tobacco Education & Enforcement Account No. 5044; Permanent Fund for Children & Public Health Account No. 5045; and Permanent Fund for EMS & Trauma Care Account No. 5046, are contingent on the enactment of Senate Bill,or similar legislation related to the use of certain Tobacco Settlement Funds for debt service on Cancer Prevention and Research Institute debt, by the Eighty-second Legislature, 2011. The Legislative Budget Board shall adjust the informational listing of bond debt service pursuant to this provision. SECTION 5. Appropriations to the Foundation School Program. (a) Texas Education Agency, Article III, House Bill 1, Acts of the 82nd Legislature, Regular Session, 2011 (the General Appropriations Act), is amended by adding the following appropriations and riders, and to the extent necessary, by giving all riders under the bill pattern of the agency full force and effect: A.1.1., Equalized Operations 2012 2013 Available School Fund 1,099,948,815 1,726,989,252 Foundation School Fund 13,412,514,119 12,656,939,681 Property Tax Relief Fund 2,198,994,000 2,338,574,000 Appropriated Receipts 906,500,000 835,600,000 Lottery Proceeds 1,002,457,000 1,006,111,000 A.1.2, Equalized Facilities Foundation School Fund 650,000,000 716,100,000 (b) Foundation School Program Funding. Out of the funds appropriated above, a total of $19,287,500,000 in fiscal year 2012 and $19,297,400,000 in fiscal year 2013 shall represent the sum-certain appropriation to the Foundation School Program. The total appropriation may not exceed the sum-certain amount. This appropriation includes allocations under Chapters 41, 42 and 46 of the Texas Education Code. Formula Funding: The Commissioner shall make allocations to local school districts under Chapters 41, 42 and 46 based on the March 2011 estimates of average daily attendance and local district tax rates as determined by the Legislative Budget Board and the final tax year 2010 property values. For purposes of distributing the Foundation School Program basic tier state aid appropriated above and in accordance with Sec. 42.101 of the Texas Education Code, the Basic Allotment is projected to be $4,765 in fiscal year 2012 and $4,765 in fiscal year 2013. For purposes of distributing the Foundation School Program enrichment tier state aid appropriated above and in accordance with Sec. 41.002(a)(2) and Sec. 42.302(a-1)(1) of the Texas Education Code, the Guaranteed Yield is $59.97 in fiscal year 2012 and $59.97 in fiscal year 2013. Out of amounts appropriated above and allocated by this rider to the Foundation School Program, no funds are appropriated for the New Instructional Facilities Allotment under Sec. 42.158 of the Texas Education Code. Notwithstanding any other provision of this Act, the Texas Education Agency may make transfers as appropriate between Strategy A.1.1, FSP-Equalized Operations, and Strategy A.1.2, FSP Equalized Facilities. The TEA shall notify the Legislative Budget Board and the Governor of any such transfers at least 45 days prior to the transfer. The Texas Education Agency shall submit reports on the prior month's expenditures on programs described by this rider no later than the 20th day of each month to the Legislative Budget Board and the Governor's Office in a format determined by the Legislative Budget Board in cooperation with the agency. (c) Foundation School Program Adjustments. Appropriations from the Foundation School Fund No. 193 identified in subsection (a) above are hereby reduced by $438,900,000 in fiscal year 2012 and $361,100,000 in fiscal year 2013. These adjustments reflect a lower estimate of the state cost of the Foundation School Program in the 2012-13 biennium due to updated pupil projections and projections of district property values. Property values, and the estimates of local tax collections on which they are based, shall be decreased by 0.97 percent for tax year 2011, then increased by 0.52 percent for tax year 2012. The sum-certain appropriation for the Foundation School Program as identified in subsection (b) above shall be decreased commensurately to reflect these adjustments. (d) Contingency for Senate Bill:Foundation School Program Deferral. Contingent on enactment of SB or similar legislation providing the legal basis for deferring the August 2013 Foundation School Program payment to school districts, appropriations made in subsection (a) above from the Foundation School Fund 193 to the Texas Education Agency for the Foundation School Program are hereby reduced by $2,300,000,000 in fiscal year 2013. It is the intent of the legislature that this payment be made in September 2013 pursuant to the provisions of the bill. The sum-certain appropriation for the Foundation School Program as identified subsection (b) above shall be decreased commensurately. (e) Contingency for HJR 109. Appropriations from the Foundation School Fund (Fund 193) made in subsection (a) above, Texas Education Agency Strategy A.1.1, FSP-Operations, for the Foundation School Program, are hereby reduced by 150,000,000 in each fiscal year of the 2012-13 biennium. The Texas Education Agency is hereby appropriated from the Available School Fund (General Revenue) to the Foundation School Program in Strategy A.1.1, FSP-Operations an amount estimated to be $150,000,000 in each fiscal year of the 2012-13 biennium, pursuant to all of the following: a. passage and enactment of HJR 109, SJR 5 or similar legislation relating to proposing a constitutional amendment to clarify references to the Permanent School Fund and to allow the General Land Office or other entity to distribute revenue derived from Permanent School Fund land or other properties to the Available School Fund; b. voter approval of the associated constitutional amendment; and c. the distribution of funds from the General Land Office to the Available School Fund pursuant to the provisions of the legislation. (f) Contingency for Senate Bill:Funding Contingency. The All Funds appropriations made for the Foundation School Program (FSP), Texas Education Agency Strategies A.1.1 and A.1.2, in subsection (a) above, and as adjusted by other subsections in this section, are contingent on enactment of SB or similar legislation by the Eighty-second Legislature, 2011, relating to certain state fiscal matters and that amends Chapter 42 of the Texas Education Code to adjust state aid payments to the level of FSP appropriations made in subsection (a) above as adjusted for other subsections in this section. Should this legislation fail to pass and be enacted, the All Funds appropriations for the FSP made herein are hereby reduced to zero for each year of the 2012-13 biennium, including the sum-certain appropriation identified in subsection (b) above. (f) The Legislative Budget Board is directed to make all necessary adjustments to the Texas Education Agency pursuant to the provisions above, including adjustments to strategies, methods of finance, measures and riders contained in House Bill 1, 82nd Legislature, 2011. SECTION 6. Contingency for Senate Bill:Legislation Relating to Certain Office of Court Administration License Fees. Contingent upon the enactment of SB relating to license fees and the allowable use of such fees for process servers, guardians, and court reporters by the Eighty-second Legislature, the Office of Court Administration is appropriated $119,603 in fiscal year 2012 and $119,714 in fiscal year 2013 to implement the provisions of the legislation. The number of "Full-Time-Equivalent Positions" indicated in the agency's bill pattern is increased by 2.0 each fiscal year. Fees, fines and other miscellaneous revenues as authorized by the Process Servers Review Board, the Guardianship Certification Board, and the Court Reporters Certification Board shall cover, at a minimum, the cost of appropriations made in this provision, as well as an amount sufficient to cover "Other Direct and Indirect Costs Appropriated Elsewhere in this Act" (estimated to be $27,783 in fiscal year 2012 and $29,175 in fiscal year 2013). In the event that actual and/or projected revenues are insufficient to offset the costs identified by this provision, the Legislative Budget Board may direct that the Comptroller of Public Accounts to reduce the appropriation authority provided above to be within the amount of revenue expected to be available. SECTION 7. Contingency for Senate Bill:Office of Court Administration Collection and Improvement Audits. Contingent on enactment of Senate Bill or similar legislation relating to state fiscal matters and collection improvement audits, by the Eighty-second Legislature, the Office of Court Administration is appropriated $550,448 in fiscal year 2012 and $529,824 in fiscal year 2013 from General Revenue Funds to implement the provisions of the legislation. In addition, the "Number of Full-Time Equivalents (FTE)" indicated in the Office of Court Administration's bill pattern is increased by 8.0 FTEs in fiscal year 2012 and 8.0 FTEs in fiscal year 2013. SECTION 8. Contingency for Senate Bill:Railroad Commission. Contingent on enactment of SB,or similar legislation relating to the Railroad Commission by the Eighty-second Legislature: a. Oil and Gas Related Fees. In addition to amounts appropriated in House Bill 1, Acts of the 82nd Legislature, Regular Session, 2011 to the Railroad Commision, and contingent on SB or similar legislation creating an account to cover costs of the agency's oil-and gas-related activities, by the Eighty-second Legislature, appropriations out of the General Revenue Fund are hereby reduced by $16,766,209 in fiscal year 2012 and by $16,716,472 in fiscal year 2013, and, to replace these appropriations, there is hereby appropriated $16,766,209 in fiscal year 2012 and $16,716,472 in fiscal year 2013 out of the Oil and Gas Regulation and Cleanup (OGRC) Fund created by the bill. The following amounts of General Revenue funding would be replaced with funding out of the OGRC Fund in the following strategies: 2012 2013 Strategy A.1.1, Energy Resource Development $4,099,221 $4,070,349 Strategy C.1.1, Oil and Gas Monitoring and Inspections $10,314,041 $10,350,753 Strategy C.2.1, Oil and Gas Remediation $496,396 $461,550 Strategy C.2.2, Oil and Gas Well Plugging $935,444 $919,808 Strategy D.1.2, Public Information and Services $921,107 $914,012 TOTAL $16,766,209 $16,716,472 In addition, appropriations out of the Oil Field Cleanup Account No. 145 are hereby reduced by $20,581,780 in fiscal year 2012 and by $20,581,779 in fiscal year 2013, and, to replace these appropriations, there is hereby appropriated $20,581,780 in fiscal year 2012 and $20,581,779 in fiscal year 2013 out of the OGRC Fund created by the bill. The following amounts out of the General Revenue-Dedicated Oil Field Cleanup Account No. 145 would be replaced with funding out of the OGRC Fund in the following strategies: 2012 2013 Strategy A.1.1, Energy Resource Development $1,114,744 $1,114,744 Strategy C.1.1, Oil and Gas Monitoring and Inspections $851,800 $851,800 Strategy C.2.1, Oil and Gas Remediation $3,786,565 $3,786,565 Strategy C.2.2, Oil and Gas Well Plugging $14,690,620 $14,690,620 Strategy D.1.2, Public Information and Services $138,051 $138,050 TOTAL $20,581,780 $20,581,779 (b) Expansion of Pipeline Safety Fee Use to Include Gas Utility Regulation. Contingent upon enactment of SB,or similar legislation allowing for the use of pipeline safety fees for gas utility regulatory functions, by the Eighty-second Legislature, the Railroad Commission is hereby appropriated in each fiscal year of the 2012-13 biennium an amount not to exceed $233,000 in Strategy C.2.1, Gas Utility Compliance. This appropriation is contingent upon the Railroad Commission increasing Pipeline Safety Fees and shall be limited to revenues deposited to the credit of Revenue Object Code 3553 in excess of the Comptroller's Biennial Revenue Estimate for 2012-13. The Railroad Commission, upon completion of necessary actions to assess or increase the Pipeline Safety Fee, shall furnish copies of the minutes and other information supporting the estimated revenues to be generated for the 2012-13 biennium under the revised fee structure to the Comptroller of Public Accounts. If the Comptroller finds the information sufficient to support the projection of increased revenues in excess of those estimated in the Biennial Revenue Estimate for 2012-13, a finding of fact to that effect shall be issued and the contingent appropriation shall be made available for the intended purpose. SECTION 9. Contingency for Senate Bill:Department of State Health Services. Contingent upon the enactment of SB or similar legislation allowing for the increase of certain licensing and public health service fees assessed by the Department of State Health Services (DSHS), by the Eighty-second Legislature, any additional revenues generated as a result of the fee increases certified by the Comptroller to be in excess of Comptroller of Public Accounts' January 2011 Biennial Revenue Estimate are appropriated to DSHS for the 2012-13 biennium for use in Strategy A.4.1, Laboratory Services, and Goal D, Consumer Protection Services. SECTION 10. Contingency for Senate Bill:Voter Registration. Contingent on enactment of SB,or similar legislation relating to transferring voter registration payments from the Fiscal Programs-Comptroller of Public Accounts to the Secretary of State, by the Eighty-second Legislature, 2011, amounts appropriated elsewhere in this Act to the Fiscal Programs Comptroller of Public Accounts in Strategy A.1.1, Voter Registration, shall be transferred to the Secretary of State. SECTION 11. Contingency for Senate Bill:Back to Work. Contingent on enactment of Senate Bill or similar legislation by the Eighty-second Legislature, relating to the transfer of General Revenue-Dedicated Texas Enterprise Fund Account No. 5107 appropriations to other state agencies, the Trusteed Programs within the Office of the Governor shall transfer $20,000,000 from the General Revenue-Dedicated Texas Enterprise Fund Account No. 5107 to the Texas Workforce Commission for the Texas Back to Work Program. If SB,or similar legislation by the Eighty-second Legislature, 2011, relating to the transfer of General Revenue-Dedicated Texas Enterprise Fund Account No. 5107 appropriations to other state agencies is not enacted, it is the intent of the Legislature that the Trusteed Programs within the Office of the Governor award a grant in the amount of $20,000,000 in the 2012-13 biennium out of the General Revenue-Dedicated Texas Enterprise Fund Account No. 5107 to the Texas Workforce Commission for the Texas Back to Work Program. SECTION 12. SAVINGS CLAUSE. If any section, sentence, clause or part of this Act shall for any reason be held to be invalid, such decision shall not affect the remaining portions of this Act; and it is hereby declared to be the intention of the Legislature to have passed each sentence, section, clause, or part thereof irrespective of the fact that any other sentence, section, clause or part thereof may be declared invalid. SECTION 13. EMERGENCY CLAUSE. The importance of the legislation to the people of the State of Texas and the crowded condition of the calendars in both Houses of the Legislature create an emergency and an imperative public necessity that the Constitutional Rule requiring bills to be read on three separate days in each House be suspended, and said Rule is hereby suspended; and this Act shall take effect and be in force from and after its passage, and it is so enacted.
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Appropriating money for the support of state government for the period beginning September 1, 2011 and ending August 31, 2013; and authorizing and prescribing conditions, limitations, rules, and procedures for allocating and expending the appropriated funds; and declaring an emergency.
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Relating to creation of a study committee for the Interstate Health Care Compact.
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AN ACT relating to creation of a study committee for the Interstate Health Care Compact. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. FINDINGS. (a) The legislature finds that the Interstate Health Care Compact authorizes the legislature to suspend the operation of federal laws, rules, regulations, and orders regarding health care that are inconsistent with a state law or regulation. (b) By exercising the authority described by Subsection (a) of this section, the state assumes primary responsibility to regulate health care in this state. (c) Alternatively, the legislature may suspend a federal law, rule, regulation, or order relating to a limited area of health care. (d) By exercising the authority described by Subsection (c) of this section, the state assumes primary responsibility to regulate health care for only that limited area of health care. (e) The first step toward implementation of the Interstate Health Care Compact in this state is the creation of a study committee to make recommendations to the governor and legislature about the most efficient use of the authority provided by the Interstate Health Care Compact. SECTION 2. DEFINITIONS. In this Act: (1) "Committee" means the Texas Health Care Compact Advisory Committee. (2) "Compact" means the Interstate Health Care Compact. (3) "Health care" means care, services, supplies, or plans related to the health of an individual, including: (A) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, counseling, service, assessment, or treatment related to the physical or mental condition or function of an individual or the structure or function of the body; (B) the sale or dispensing of a drug, device, equipment, or other item in accordance with a prescription; and (C) provision or payment by an individual or group health benefit plan of the cost of care, services, or supplies related to the health of an individual. The term does not include care, services, supplies, or plans provided by the United States Department of Defense and United States Department of Veterans Affairs, or provided to Native Americans. SECTION 3. TEXAS HEALTH CARE COMPACT ADVISORY COMMITTEE. The Texas Health Care Compact Advisory Committee is established to make recommendations to the legislature and governor on the implementation of the Interstate Health Care Compact in this state. SECTION 4. MEMBERSHIP. (a) The committee is composed of 11 members, appointed as follows: (1) five individuals experienced in the delivery of or payment for health care services in this state appointed by the governor; (2) three members of the senate appointed by the lieutenant governor; and (3) three members of the house of representatives appointed by the speaker of the house of representatives. (b) The members of the committee must be individuals who reflect the geographic diversity of this state. (c) Each state agency involved in the delivery or regulation of health care in this state may appoint one individual to serve on the committee in a nonvoting capacity. (d) The governor shall select the presiding officer of the committee from the membership of the committee. SECTION 5. POWERS AND DUTIES. (a) The committee shall: (1) examine the state's capability to assume regulatory authority over health care; (2) recommend: (A) the appropriate scope of authority and responsibility for the state consistent with the state's capability to assume regulatory authority over health care; (B) an organizational structure to exercise regulatory authority over health care; (C) a timetable for implementation; and (D) specific amendments to state laws and regulations that are necessary to implement the committee's recommendations under this subdivision; and (3) estimate funding requirements to implement the recommendations. (b) The committee shall hold public hearings on the state's capability to assume regulatory authority over health care. (c) The committee may adopt rules necessary to conduct business under and implement this Act. SECTION 6. SUPPORT. (a) The committee may request assistance from any state executive or legislative governmental entity. (b) The committee may solicit and accept gifts and grants for the support of the committee's activities. (c) The legislature may appropriate funds for the support of the committee's activities. (d) The committee may employ staff. SECTION 7. REPORT. Not later than December 1, 2012, the committee shall report to the governor and the legislature the recommendations made under Section 5 of this Act. SECTION 8. EXPIRATION. This Act expires August 31, 2013. SECTION 9. EFFECTIVE DATE. This Act takes effect on the 91st day after the last day of the legislative session, but only if Senate Bill 5 or another bill of the 82nd Legislature, First Called Session, 2011, enacting the Interstate Health Care Compact becomes law.
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Relating to creation of a study committee for the Interstate Health Care Compact.
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Relating to inclusion of a course on the United States Constitution in the curriculum requirements for public high school students.
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AN ACT relating to inclusion of a course on the United States Constitution in the curriculum requirements for public high school students. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 28.025, Education Code, is amended by adding Subsection (c-2) to read as follows: (c-2) The State Board of Education shall adopt rules requiring students enrolled in grade level 12 to complete a course on the United States Constitution as part of a district's social studies curriculum. SECTION 2. Section 28.025(c-2), Education Code, as added by this Act, applies beginning with students who enter the ninth grade during the 2011-2012 school year. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to inclusion of a course on the United States Constitution in the curriculum requirements for public high school students.
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Relating to the governance of home-rule school districts.
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AN ACT relating to the governance of home-rule school districts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 12.011, Education Code, is amended by amending Subsection (b) and adding Subsections (c) and (d) to read as follows: (b) The adoption of a home-rule school district charter by a school district does not affect: (1) the district's boundaries; [or] (2) taxes or bonds of the district authorized before the effective date of the charter;or (3) the governing structure of the district or the campuses.(c) A reference in this code or other law to: (1) a home-rule school district means a home-rule school district under this subchapter; and (2) the governing body of a home-rule school district means the board of trustees of a home-rule school district under this subchapter. (d) For purposes of applicable federal and state laws and rules as provided by Sections 12.012 and 12.013: (1) a home-rule school district has the same legal status as any other school district; and (2) a home-rule school district board of trustees has the same legal status as the board of trustees of any other school district. SECTION 2. Section 12.013, Education Code, is amended by amending Subsection (a) and adding Subsections (c) and (d) to read as follows: (a) A home-rule school district and a home-rule school district board of trustees have [has] the powers and entitlements granted to school districts and school district boards of trustees,respectively, under this title and rules adopted under this title,including taxing authority. (c) A home-rule school district and a home-rule school district board of trustees are subject to Subchapters A, C, D, and E, Chapter 11, excluding Sections 11.1511(b)(5) and (14) and Section 11.162. A reference in Chapter 11 to a statute that does not otherwise apply to a home-rule school district, home-rule school district board of trustees, or home-rule school district employee does not by implication apply that statute to a home-rule school district, home-rule district board of trustees, or home-rule district employee. (d) The home-rule school district board of trustees shall make decisions relating to terminating the employment of district employees employed under a contract. SECTION 3. Subchapter B, Chapter 12, Education Code, is amended by adding Section 12.0135 to read as follows: Sec. 12.0135. UNIFORM NOTICE REQUIREMENTS. (a) In addition to notice required under Chapter 551, Government Code, a home-rule school district board of trustees shall provide notice of: (1) the appointment of a charter commission under Section 12.014; (2) each meeting of the charter commission under Section 12.015; and (3) the board meeting required under Section 12.0165. (b) Notice under this section must be provided through: (1) e-mail to media serving the district; (2) posting notice on the school district's Internet website, in the office of each school campus in the district, and in the district's central administrative office; and (3) e-mail to district employees and parents if practicable. SECTION 4. Section 12.014, Education Code, is amended to read as follows: Sec. 12.014. APPOINTMENT OF CHARTER COMMISSION. The board of trustees of a school district shall appoint a charter commission to frame a home-rule school district charter if: (1) the board receives a petition requesting the appointment of a charter commission [to frame a home-rule school district charter] signed by at least five percent of the registered voters of the district; or (2) at least two-thirds of the total membership of the board adopt a resolution ordering that a charter commission be appointed. SECTION 5. Section 12.015(c), Education Code, is amended to read as follows: (c) The charter commission must complete and recommend to the school district board of trustees in the meeting under Section 12.0165 a proposed charter not later than the first anniversary of the date of its appointment. The board may set an earlier deadline to complete and recommend the proposed charter under this section. After the commission makes its recommendation [that date],the commission expires and the appointment under Section 12.014 is void. SECTION 6. Subchapter B, Chapter 12, Education Code, is amended by adding Section 12.0165 to read as follows: Sec. 12.0165. BOARD ADOPTION OF PROPOSED CHARTER. (a) Not later than the 30th day after the date a school district board of trustees receives a proposed charter from the charter commission, the board shall hold an open meeting at which the charter commission shall present the proposed charter to the board for approval. Any community member, parent, student, or employee of the district may be present and participate in the meeting. (b) Not later than the 10th day or earlier than the 30th day before the date of the open meeting, at least three copies of the proposed charter must be available in the office of each school campus in the district and in the school district's central administrative office. A summary of the content of the proposed charter must be attached to each copy. A copy of the proposed charter and the summary must be posted on the district's Internet website. Notice of the meeting as required under Section 12.0135 must include a statement of where and how copies of the proposed charter may be obtained or viewed. The summary must be: (1) made available to district employees, parents, community members, and members of the media; and (2) e-mailed to district employees and parents if practicable. (c) The school district board of trustees may amend the proposed charter. The board must adopt any amendments and the proposed charter, including any amendments adopted, by majority vote of the board. SECTION 7. Section 12.018, Education Code, is amended to read as follows: Sec. 12.018. LEGAL REVIEW. The school district board of trustees [charter commission] shall submit the proposed charter to the commissioner. As soon as practicable, but not later than the 30th day after the date the commissioner receives the proposed charter, the commissioner shall review the proposed charter to ensure that the proposed charter complies with any applicable laws and shall recommend to the board [charter commission] any modifications necessary. If the commissioner does not act within the prescribed time, the proposed charter is approved. SECTION 8. Sections 12.019(c) and (d), Education Code, are amended to read as follows: (c) At least three copies of the proposed charter must be available in the office of each school campus in the district and in [at] the district's central administrative office between the date of the election order and election day. A copy of the proposed charter and a summary of the content of the proposed charter must be posted on the district's Internet website. Notice of the election must include a statement of where and how copies of the proposed charter may be obtained or viewed. The [A] summary of the content of the proposed charter shall be attached to each copy. The summary also shall be:(1) made available to school district employees, parents, community members, and members of the media;and (2) e-mailed to district employees and parents if practicable.(d) The ballot shall be printed to permit voting for or against the proposition "Whether the (name of school district) School District shall be governed under the home-rule school district charter, which is adopted [proposed by a charter commission appointed] by the board of trustees and under which only certain laws and rules apply to the district." SECTION 9. Section 12.020(f), Education Code, is amended to read as follows: (f) At least three copies of the proposed charter amendment must be available in the office of each school campus in the school district and in the district's central administrative office between the date of the election order and election day. A summary of the content of the proposed charter amendment must be attached to each copy. A copy of the proposed charter amendment and the summary of the proposed charter amendment must be posted on the district's Internet website. Notice of the election must include a substantial copy of the proposed charter amendment and must include a statement of where and how copies of the proposed charter amendment may be obtained or viewed.The summary must be: (1) made available to district employees, parents, community members, and members of the media; and (2) e-mailed to district employees and parents if practicable. SECTION 10. Section 12.023(a), Education Code, is amended to read as follows: (a) As soon as practicable after [a school district adopts] a home-rule school district charter or charter amendment is adopted,the president of the school district board of trustees shall certify to the secretary of state a copy of the charter or amendment showing the approval by the voters of the district. SECTION 11. Section 12.030(g), Education Code, is amended to read as follows: (g) The rescission takes effect on a date established by resolution of the governing body but not later than the beginning of the following school year [90th day] after the date of an election held under this section at which [rescission of the charter is approved and at which] the number of registered voters required under Subsection (f) vote. As soon as practicable after that election, the governing body shall notify the commissioner and the secretary of state of the results of the election and of the effective date of the rescission. SECTION 12. The following provisions of the Education Code are repealed: (1) Section 12.017; (2) Section 12.020(j); (3) Section 12.025; and (4) Section 12.026. SECTION 13. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to the governance of home-rule school districts.
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Relating to notice required for termination of a teacher's probationary contract or nonrenewal of a teacher's term contract.
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AN ACT relating to notice required for termination of a teacher's probationary contract or nonrenewal of a teacher's term contract. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 21.103(a), Education Code, is amended to read as follows: (a) The board of trustees of a school district may terminate the employment of a teacher employed under a probationary contract at the end of the contract period if in the board's judgment the best interests of the district will be served by terminating the employment. The board of trustees must give notice of its decision to terminate the employment to the teacher not later than the 15th [45th] day before the last day of instruction required under the contract. The notice must be delivered personally to the teacher or mailed by prepaid certified mail to the teacher's address of record with the district. Notice that is mailed in accordance with this subsection is considered given at the time of mailing. The board's decision is final and may not be appealed. SECTION 2. Section 21.206(a), Education Code, is amended to read as follows: (a) Not later than the 15th [45th] day before the last day of instruction in a school year, the board of trustees shall notify in writing each teacher whose contract is about to expire whether the board proposes to renew or not renew the contract. The notice must be delivered personally to the teacher or mailed by prepaid certified mail to the teacher's address of record with the district. Notice that is mailed in accordance with this subsection is considered given at the time of mailing. SECTION 3. The change in law made by Sections 21.103 and 21.206, Education Code, as amended by this Act, applies beginning with contracts for the 2012-2013 school year. SECTION 4. This Act takes effect on the 91st day after the last day of the legislative session.
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Relating to notice required for termination of a teacher's probationary contract or nonrenewal of a teacher's term contract.
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Relating to requirements for students to be assessed in certain subjects and in certain grades.
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AN ACT relating to requirements for students to be assessed in certain subjects and in certain grades. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 39.023, Education Code, is amended by amending Subsection (a) and adding Subsections (a-2) through (a-7) to read as follows: (a) The agency shall adopt or develop appropriate criterion-referenced assessment instruments designed to assess essential knowledge and skills in reading, writing, mathematics, social studies, and science. All students, except students assessed under Subsection (b) or (l) or exempted under Section 39.027, shall be assessed in: (1) mathematics, [annually] in grades three [through seven] and five without the aid of technology and in grade eight with the aid of technology on any assessment instrument that includes algebra; (2) reading, [annually] in grades three,[through] five and eight; (3) writing, including spelling and grammar, in grades [four] five and seven eight;(4) social studies, in grade eight; and (5) science, in grades five and eight;and [(6) any other subject and grade required by federal law].(a-2) Any student who scores below a score of the passing standard plus one hundred scale score points on the last mathematics assessment taken by that student in grade three, and who is promoted to grade four, shall be assessed in mathematics in grade four. Any student who scores below a score of the passing standard plus one hundred scale score points on the last reading assessment taken by that student in grade three, and who is promoted to grade four, shall be assessed in reading in grade four. (a-3) Any student who scores below a score of the passing standard plus one hundred scale score points on the last assessment taken by that student in a subject or subjects in grade five, and who is promoted to grade six, shall be assessed in that subject or subjects in grade six. (a-4) Any student who scores below a score of the passing standard plus one hundred scale score points on the last assessment taken by that student in a subject or subjects in grade six, and who is promoted to grade seven, shall be assessed in that subject or subjects in grade seven. (a-5) Students assessed in mathematics under subsections (a-2), (a-3) or (a-4) shall be assessed without the aid of technology. (a-6) A school district or open-enrollment charter school may, at the discretion of the school district or open-enrollment charter school and for its own use, administer the assessment instruments developed to assess students under subsections (a-2), (a-3) or (a-4) to additional students other than those required to be assessed by those subsections. On request of the school district or open-enrollment charter school, the agency shall provide assessment instruments for such students, and any services normally provided by the agency related to administering and scoring the assessment for required students, in the same manner and at the same cost as for required students. The results of such discretionary testing shall not be included as an indicator of student achievement under Section 39.053(c) or any other section. (a-7) To the extent that exempting successful students from assessment in a subsequent grade or grades under the previous subsections is determined to be contrary to federal law, the commissioner shall seek waivers from such federal law. In seeking any such waivers, the commissioner shall use all relevant data, including, but not limited to, data relating to the likelihood that students who score above the passing standard plus one hundred scale score points will score above the passing standard in subsequent years, the costs of assessing such students, and the benefits of increased emphasis on bringing lower-scoring students up to standard within one year. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to requirements for students to be assessed in certain subjects and in certain grades.
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Relating to unpaid furloughs for state employees.
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AN ACT relating to unpaid furloughs for state employees. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 658.007, Government Code, is amended by adding Subsections (c), (d), and (e) to read as follows: (c) Notwithstanding other law, including Sections 658.003 and 658.004, or terms of contract, an institution of higher education may establish a mandatory employee furlough or work reduction program as necessary to increase efficiency, reduce the cost of operations, or otherwise address the financial condition of the institution. While a furlough or work reduction program is in effect, the terms and conditions of the program apply notwithstanding other law. Any reduction in costs or savings attained by the institution as a result of a furlough or work reduction program shall be retained and expended by the institution and shall not be accounted for in an appropriations act in such a way as to reduce the general revenue or other appropriations to the institution. (d) Sections 658.011(e)-(g) apply to a mandatory furlough or work reduction program adopted by an institution of higher education under Subsection (c). (e) An individual participating in an involuntary furlough or work reduction program who receives benefits under Chapter 1601, Insurance Code, remains eligible for benefits in accordance with rules adopted by the applicable system as defined by Section 1601.003, Insurance Code. SECTION 2. Chapter 658, Government Code, is amended by adding Section 658.011 to read as follows: Sec. 658.011. INVOLUNTARY FURLOUGH PROGRAM. (a) In this section, "state agency" means a board, commission, office, department, or other agency in the executive, judicial, or legislative branch of state government. The term does not include an institution of higher education as defined by Section 61.003, Education Code. (b) On approval of the governing body of the state agency, the executive director of a state agency may require an employee of the state agency to participate in an involuntary furlough program without pay in order to balance the state agency's budget. (c) The state agency implementing an involuntary furlough program under this section shall reduce an employee's compensation in an amount equal to the number of hours the employee is furloughed times the employee's hourly rate or equivalent hourly rate as provided by Section 659.085. (d) Except as provided by Subsection (g), a state employee may not use vacation, sick, or any other paid leave while the employee is on an unpaid furlough. (e) An unpaid furlough under this section does not constitute a break in service for the state employee. (f) A state employee who is on unpaid furlough continues to accrue: (1) state service credit for purposes of longevity pay; (2) vacation leave; and (3) sick leave. (g) A state employee on an unpaid furlough that exceeds one month in length may continue to accrue service credit with the Employees Retirement System of Texas or Teacher Retirement System of Texas by receiving state pay during each month of the unpaid furlough in an amount equal to the employee's contribution to the retirement system under Section 815.402 or 825.403, as appropriate. The employee may use any combination of paid leave, including state compensatory leave, overtime leave under the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), sick leave, or annual leave to qualify for the state pay. SECTION 3. Section 659.043, Government Code, is amended by adding Subsection (c) to read as follows: (c) Notwithstanding Subsections (a)(1) and (2), an employee participating in an involuntary furlough program under Section 658.011 who is otherwise eligible for longevity pay is entitled to longevity pay. SECTION 4. Subchapter K, Chapter 659, Government Code, is amended by adding Section 659.264 to read as follows: Sec. 659.264. CERTAIN SALARY REDUCTIONS AT INSTITUTIONS OF HIGHER EDUCATION. Notwithstanding other law or terms of contract, subject solely to procedures and rules adopted by the governing board, an institution of higher education may establish a program of temporary or permanent salary reductions as necessary to reduce cost of operations or otherwise address the financial condition of the institution. SECTION 5. Section 811.001(7), Government Code, is amended to read as follows: (7) "Compensation" means the base salary of a person; amounts that would otherwise qualify as compensation but are not received directly by a person pursuant to a good faith, voluntary, written salary reduction agreement in order to finance payments to a deferred compensation or tax sheltered annuity program specifically authorized by state law or to finance benefit options under a cafeteria plan qualifying under Section 125 of the Internal Revenue Code of 1986 (26 U.S.C. Section 125); longevity and hazardous duty pay; nonmonetary compensation, the value of which is determined by the retirement system; amounts by which a person's salary is reduced under a salary reduction agreement authorized by Chapter 610; amounts by which a person's salary is reduced under an involuntary furlough program under Section 658.011; and the benefit replacement pay a person earns under Subchapter H, Chapter 659, [as added by Chapter 417, Acts of the 74th Legislature, 1995] except for the benefit replacement pay a person earns as a result of a payment made under Subchapter B, C, or D, Chapter 661. The term excludes overtime pay and a cleaning or clothing allowance. SECTION 6. Section 822.201(b), Government Code, is amended to read as follows: (b) "Salary and wages" as used in Subsection (a) means: (1) normal periodic payments of money for service the right to which accrues on a regular basis in proportion to the service performed; (2) amounts by which the member's salary is reduced under a salary reduction agreement authorized by Chapter 610; (3) amounts that would otherwise qualify as salary and wages under Subdivision (1) but are not received directly by the member pursuant to a good faith, voluntary written salary reduction agreement in order to finance payments to a deferred compensation or tax sheltered annuity program specifically authorized by state law or to finance benefit options under a cafeteria plan qualifying under Section 125 of the Internal Revenue Code of 1986, if: (A) the program or benefit options are made available to all employees of the employer; and (B) the benefit options in the cafeteria plan are limited to one or more options that provide deferred compensation, group health and disability insurance, group term life insurance, dependent care assistance programs, or group legal services plans; (4) performance pay awarded to an employee by a school district as part of a total compensation plan approved by the board of trustees of the district and meeting the requirements of Subsection (e); (5) the benefit replacement pay a person earns under Subchapter H, Chapter 659, except as provided by Subsection (c); (6) stipends paid to teachers in accordance with Section 21.410, 21.411, 21.412, or 21.413, Education Code; (7) amounts by which the member's salary is reduced or that are deducted from the member's salary as authorized by Subchapter J, Chapter 659; (8) a merit salary increase made under Section 51.962, Education Code; (9) amounts received under the relevant parts of the educator excellence awards program under Subchapter O, Chapter 21, Education Code, or a mentoring program under Section 21.458, Education Code, that authorize compensation for service; (10) salary amounts designated as health care supplementation by an employee under Subchapter D, Chapter 22, Education Code; [and] (11) to the extent required by Sections 3401(h) and 414(u)(2), Internal Revenue Code of 1986, differential wage payments received by an individual from an employer on or after January 1, 2009, while the individual is performing qualified military service as defined by Section 414(u), Internal Revenue Code of 1986;and (12) amounts by which a person's salary is reduced under an involuntary furlough or work reduction program under Section 658.007.SECTION 7. Subchapter C, Chapter 1551, Insurance Code, is amended by adding Section 1551.1015 to read as follows: Sec. 1551.1015. INVOLUNTARY FURLOUGH PROGRAM. An individual is eligible to participate in the group benefits program if the individual would otherwise be eligible to participate in the program under this subchapter except that the individual is not receiving compensation for service because the individual is participating in an involuntary furlough program under Section 658.007 or 658.011, Government Code. SECTION 8. Section 1551.319, Insurance Code, is amended by adding Subsection (g) to read as follows: (g) For purposes of determining whether an individual is a full-time or part-time employee under this section, any reduction in the employee's hours that results from the employee's participation in an involuntary furlough program under Section 658.007 or 658.011, Government Code, may not be considered. SECTION 9. Subchapter G, Chapter 1551, Insurance Code, is amended by adding Section 1551.325 to read as follows: Sec. 1551.325. CONTRIBUTIONS AND PAYMENTS FROM CERTAIN EMPLOYEES. (a) An employee participating in an involuntary furlough program under Section 658.007 or 658.011, Government Code, for a period of a month or more shall make the contributions required for the coverage selected by the employee, including any amount of a salary reduction agreement under a cafeteria plan, as required by the trustee. (b) The employee is entitled to receive compensation for any combination of paid leave, including state compensatory leave, overtime leave under the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), sick leave, or annual leave, to the extent necessary to make the required contribution. SECTION 10. This Act takes effect October 1, 2011.
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Relating to unpaid furloughs for state employees.
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Relating to the posting of the Ten Commandments in public school classrooms.
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AN ACT relating to the posting of the Ten Commandments in public school classrooms. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 11, Education Code, is amended by adding Section 11.172 to read as follows: Sec. 11.172. POSTING OF TEN COMMANDMENTS. The board of trustees of an independent school district may not prohibit the posting of a copy of the Ten Commandments in a prominent location in a district classroom. SECTION 2. This Act applies beginning with the 2011-2012 school year. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to the posting of the Ten Commandments in public school classrooms.
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Relating to elementary class size limits in public schools.
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AN ACT relating to elementary class size limits in public schools. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 25.112, Education Code, is amended by amending Subsection (d) and adding Subsection (d-1) to read as follows: (d) On application of a school district, the commissioner may except the district from the limit in Subsection (a) if the commissioner:(1) finds the limit works an undue hardship on the district;or (2) determines that as a result of a reduction in state funding levels, the amount of state and local funds per weighted student available to the district is less than the amount of state and local funds per weighted student available to the district in the preceding school year.(d-1) An exception under Subsection (d) expires at the end of the school year for which it is granted. SECTION 2. This Act applies beginning with the 2011-2012 school year. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to elementary class size limits in public schools.
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Relating to the eligibility of a student to participate in extracurricular activities or competitions after transferring or moving from one public school to another.
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AN ACT relating to the eligibility of a student to participate in extracurricular activities or competitions after transferring or moving from one public school to another. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 33, Education Code, is amended by adding Section 33.088 to read as follows: Sec. 33.088. ELIGIBILITY OF CERTAIN TRANSFER STUDENTS. (a) Except as provided by Subsection (b), a student who transfers to a school or moves into the attendance zone of a school for the purpose of participating in a specific extracurricular activity or a specific University Interscholastic League competition offered at that school is not ineligible to participate in the activity or competition if: (1) the activity or competition is not offered at the school from which the student transferred or moved; and (2) the student is otherwise eligible to participate in the activity or competition. (b) The University Interscholastic League may adopt rules providing that a student who two or more times during a school year transfers to a school or moves into the attendance zone of a school for the purpose of participating in a specific league competition offered at that school is ineligible to participate in the competition. SECTION 2. This Act applies beginning with the 2011-2012 school year. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to the eligibility of a student to participate in extracurricular activities or competitions after transferring or moving from one public school to another.
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Relating to providing for efficient government resource allocation.
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AN ACT relating to providing for efficient government resource allocation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 42 Education Code is amended by adding a new section as follows: Sec. 42.502. Taxpayer Savings Grant Program. Any parent or legal guardian of a school-age child who resides in Texas and is entering kindergarten or attended a public school for all of the academic year prior their participation in this program, who is willing to help the State of Texas save money by accepting less than the average per-pupil maintenance and operations expenditure in the district in which they reside, may receive reimbursement from the state for tuition paid for enrollment of said child at a private school in the amount of actual tuition or sixty percent of the state average per-pupil maintenance and operations expenditure, whichever is less, and the gratitude of the State of Texas. Section 2. Within 45 days of the passage of this Act, the Comptroller shall adopt rules solely to effectuate reimbursement and prevent fraud in financial transactions under this program. Such rules shall include the method for counting Taxpayer Savings Grant students in the Foundation School Program and the consequent savings therefrom. No funds from the Available School Fund shall be used for Taxpayer Savings Grants. Section 3. This act takes effect immediately if it receives a vote of two-thirds of all members elected to each house, as provided by Section 39.
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Relating to providing for efficient government resource allocation.
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Relating to a person's ability to read and write in English as a qualification for service as a petit juror.
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AN ACT relating to a person's ability to read and write in English as a qualification for service as a petit juror. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 35.16(a), Code of Criminal Procedure, is amended to read as follows: (a) A challenge for cause is an objection made to a particular juror, alleging some fact which renders the juror incapable or unfit to serve on the jury. A challenge for cause may be made by either the state or the defense for any one of the following reasons: 1. That the juror is not a qualified voter in the state and county under the Constitution and laws of the state; provided, however, the failure to register to vote shall not be a disqualification; 2. That the juror has been convicted of misdemeanor theft or a felony; 3. That the juror is under indictment or other legal accusation for misdemeanor theft or a felony; 4. That the juror is insane; 5. That the juror has such defect in the organs of feeling or hearing, or such bodily or mental defect or disease as to render the juror unfit for jury service, or that the juror is legally blind and the court in its discretion is not satisfied that the juror is fit for jury service in that particular case; 6. That the juror is a witness in the case; 7. That the juror served on the grand jury which found the indictment; 8. That the juror served on a petit jury in a former trial of the same case; 9. That the juror has a bias or prejudice in favor of or against the defendant; 10. That from hearsay, or otherwise, there is established in the mind of the juror such a conclusion as to the guilt or innocence of the defendant as would influence the juror in finding a verdict. To ascertain whether this cause of challenge exists, the juror shall first be asked whether, in the juror's opinion, the conclusion so established will influence the juror's verdict. If the juror answers in the affirmative, the juror shall be discharged without further interrogation by either party or the court. If the juror answers in the negative, the juror shall be further examined as to how the juror's conclusion was formed, and the extent to which it will affect the juror's action; and, if it appears to have been formed from reading newspaper accounts, communications, statements or reports or mere rumor or hearsay, and if the juror states that the juror feels able, notwithstanding such opinion, to render an impartial verdict upon the law and the evidence, the court, if satisfied that the juror is impartial and will render such verdict, may, in its discretion, admit the juror as competent to serve in such case. If the court, in its discretion, is not satisfied that the juror is impartial, the juror shall be discharged; 11. That the juror cannot read or write English.No juror shall be impaneled when it appears that the juror is subject to the second, third or fourth grounds of challenge for cause set forth above, although both parties may consent. All other grounds for challenge may be waived by the party or parties in whose favor such grounds of challenge exist. In this subsection "legally blind" shall mean having not more than 20/200 of visual acuity in the better eye with correcting lenses, or visual acuity greater than 20/200 but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees. SECTION 2. Section 62.102, Government Code, is amended to read as follows: Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A person is disqualified to serve as a petit juror unless the person: (1) is at least 18 years of age; (2) is a citizen of this state and of the county in which the person is to serve as a juror; (3) is qualified under the constitution and laws to vote in the county in which the person is to serve as a juror; (4) is of sound mind and good moral character; (5) is able to read and write English;(6) has not served as a petit juror for six days during the preceding three months in the county court or during the preceding six months in the district court; (7) has not been convicted of misdemeanor theft or a felony; and (8) is not under indictment or other legal accusation for misdemeanor theft or a felony. SECTION 3. Section 62.103(a), Government Code, is amended to read as follows: (a) A court may suspend the qualification for jury service that requires a person to be able to read and write English if it appears to the court that the requisite number of jurors able to read and write English cannot be found in the county. SECTION 4. The heading to Section 62.109, Government Code, is amended to read as follows: Sec. 62.109. EXEMPTION FOR PHYSICAL OR MENTAL IMPAIRMENT [OR INABILITY TO COMPREHEND ENGLISH].SECTION 5. Sections 62.109(a), (b), and (f), Government Code, are amended to read as follows: (a) The judge of a district court by order may permanently or for a specified period exempt from service as a juror in all the county and district courts in the county a person with a physical or mental impairment [or with an inability to comprehend or communicate in the English language] that makes it impossible or very difficult for the person to serve on a jury. (b) At the time the person is summoned for jury service or at any other time, a [A] person requesting an exemption under this section must:(1) submit to the court an affidavit stating the person's name and address and the reason for and the duration of the requested exemption;and (2) [. A person requesting an exemption due to a physical or mental impairment must] attach to the affidavit a statement from a physician. [The affidavit and physician's statement may be submitted to the court at the time the person is summoned for jury service or at any other time.] (f) An affidavit accompanying a request for an exemption from jury service under this section [because of a physical or mental impairment] may be presented by the affiant or by a friend or relative of the affiant. The affidavit must state: (1) the name and address of the physician whose statement accompanies the affidavit; (2) whether the request is for a permanent or temporary exemption; (3) the period of time for which a temporary exemption is requested; and (4) that as a direct result of the physical or mental impairment it is impossible or very difficult for the affiant to serve on a jury. SECTION 6. Section 62.109(g), Government Code, is repealed. SECTION 7. The change in law made by this Act applies only to a juror who is impaneled on or after the effective date of this Act. A juror who is impaneled before the effective date of this Act is governed by the law in effect on the date the juror is impaneled, and the former law is continued in effect for that purpose. SECTION 8. This Act takes effect on the 91st day after the last day of the legislative session.
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Relating to a person's ability to read and write in English as a qualification for service as a petit juror.
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Recognizing Ruby Minelva Nanton of Houston on the occasion of her 100th birthday.
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WHEREAS, The Senate of the State of Texas is pleased to pay tribute to Ruby Minelva Nanton of Houston on the grand occasion of her 100th birthday; and WHEREAS, Ruby Minelva Nanton was born on the Caribbean island of Saint Vincent on March 15, 1909; she realized her long-held wish to immigrate to the United States on June 20, 1998, and she proudly became a citizen on July 20, 2007; and WHEREAS, Her profession was bookkeeping; throughout her life she has maintained interests in reading, dancing, singing, gardening, making cakes and pastries, and writing letters; she is well known for her spirit of volunteerism, her leadership, her compassion for others, and her enthusiasm for living each day to the fullest; and WHEREAS, An Anglican from birth, she has remained dedicated to her faith; she is an active member of Saint James Episcopal Church in Houston, where she regularly attends Sunday services and church activities and enjoys her weekly senior group, known as The Wednesday Bunch; and WHEREAS, A beloved matriarch, Ruby Nanton is the source of much genealogical information for her children and her extended family, many of whom will join her and honor her as she celebrates the 100th anniversary of her birth; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby recognize Ruby Minelva Nanton as a treasured citizen of the State of Texas and extend to her best wishes on her 100th birthday; and, be it further RESOLVED, That a copy of this Resolution be prepared for her as a memento of this special day. Ellis President of the Senate I hereby certify that the above Resolution was adopted by the Senate on February 2, 2009.
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Recognizing Ruby Minelva Nanton of Houston on the occasion of her 100th birthday.
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Relating to reducing state Medicaid and other health care costs by prohibiting smoking in certain public places; providing penalties.
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AN ACT relating to reducing state Medicaid and other health care costs by prohibiting smoking in certain public places; providing penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The legislature finds that the changes in law made by this Act will reduce the state's costs for health care and for treatment of smoking-related illness under governmentally funded insurance programs for state employees and their dependents and under other taxpayer-supported programs, such as Medicaid and indigent health care. SECTION 2. (a) Chapter 172, Health and Safety Code, as added by this Act, takes effect on the 90th day after the date the executive commissioner of the Health and Human Services Commission: (1) certifies in writing that prohibiting smoking in certain public places in accordance with Chapter 172, Health and Safety Code, as added by this Act, will reduce this state's Medicaid expenditures in the state fiscal biennium ending August 31, 2013, by at least $10 million paid from any revenue source or by $4 million paid from the general revenue fund; and (2) publishes the certification in the Texas Register. (b) On publication of the certification as described by Subsection (a)(2) of this section, the Health and Human Services Commission shall post on the commission's Internet website a copy of that certification and notice of the requirements of Chapter 172, Health and Safety Code, as added by this Act. (c) Not later than the 30th day after the date the executive commissioner of the Health and Human Services Commission publishes the certification as described by Subsection (a)(2) of this section, the Department of State Health Services, the Alcoholic Beverage Commission, and each county, public health district, and local health department shall: (1) post a copy of the certification on its Internet website; or (2) provide notice to holders subject to Chapter 172, Health and Safety Code, as added by this Act, of the requirements of that chapter. (d) If the executive commissioner of the Health and Human Services Commission fails to provide the certification required by Subsection (a) of this section on or before January 1, 2012, this Act expires and Chapter 172, Health and Safety Code, does not take effect. SECTION 3. Subtitle H, Title 2, Health and Safety Code, is amended by adding Chapter 172 to read as follows: CHAPTER 172. SMOKING PROHIBITED IN CERTAIN PUBLIC PLACES SUBCHAPTER A. GENERAL PROVISIONS Sec. 172.001. DEFINITIONS. In this chapter: (1) "Bar" means an enclosed indoor establishment that is open to the public and is devoted primarily to the sale and service of alcoholic beverages for on-premises consumption. (2) "Department" means the Department of State Health Services. (3) "Enclosed area" means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, that extend from the floor to the ceiling. (4) "Public place" means an enclosed area the public is invited or allowed to enter, including a bar and a restaurant. (5) "Restaurant" means an enclosed indoor establishment that is open to the public and is devoted primarily to the sale and service of food for immediate consumption. The term includes a bar located at the establishment. (6) "Smoke" means to inhale, exhale, burn, or carry a lighted cigar, cigarette, pipe, or other smoking equipment in any manner. (7) "Tobacco bar" means a business that: (A) has in excess of 15 percent of gross sales in tobacco products, as that term is defined by Section 155.001, Tax Code, excluding sales derived from vending machines; (B) holds a permit under Chapter 155, Tax Code; and (C) holds an alcoholic beverage permit or license issued under Chapter 25, 28, 32, or 69, Alcoholic Beverage Code, or under Section 11.10, Alcoholic Beverage Code. (8) "Tobacco shop" means a business primarily devoted to the sale of tobacco products, as that term is defined by Section 155.001, Tax Code, that does not hold an alcoholic beverage permit or license. Sec. 172.002. APPLICABILITY. (a) Except as provided by Section 172.053, this chapter applies only to a public place that is owned, managed, operated, or controlled under a license, certificate, registration, or other authority or permit issued for the public place or to a person who owns, manages, operates, or controls the public place by the Department of State Health Services, the Alcoholic Beverage Commission, or a local health department or, with respect to a permit requirement authorized by Chapter 437, a county or public health district. (b) Except as provided by Subsection (c), this chapter preempts and supersedes a local ordinance, rule, or regulation adopted by any political subdivision of this state relating to smoking. (c) To the extent that a local ordinance, rule, or regulation adopted by a political subdivision of this state prohibits or restricts smoking to a greater degree than this chapter, the ordinance, rule, or regulation is not preempted or superseded by this chapter. (d) This chapter does not preempt or supersede Section 38.006, Education Code. Sec. 172.003. OTHER APPLICABLE LAWS. This chapter may not be construed to authorize smoking where it is restricted by other applicable law. Sec. 172.004. LIBERAL CONSTRUCTION. This chapter shall be liberally construed to further its purpose. [Sections 172.005-172.050 reserved for expansion] SUBCHAPTER B. PROHIBITED ACTS Sec. 172.051. SMOKING PROHIBITED IN PUBLIC PLACES. A person may not smoke in a public place in this state. Sec. 172.052. EXCEPTIONS. (a) This subchapter does not apply to: (1) a tobacco shop; (2) a tobacco bar; (3) the outdoor area of a restaurant or bar; (4) an outdoor porch or patio that is not accessible to the public; (5) the set of a motion picture, television, or theater production; or (6) a convention of tobacco-related businesses in a municipality where a convention of tobacco-related businesses is expressly authorized under an applicable municipal ordinance. (b) The exception under Subsection (a)(5) applies only to an actor who is portraying the use of a tobacco product during the motion picture, television, or theater production. Sec. 172.053. DECLARATION OF ESTABLISHMENT AS NONSMOKING. (a) An owner, operator, manager, or other person in control of any establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. (b) A person may not smoke in a place in which a sign conforming to the requirements of Section 172.054 is posted. Sec. 172.054. DUTIES OF OWNER, MANAGER, OR OPERATOR OF PUBLIC PLACE. An owner, manager, or operator of a public place shall: (1) post clearly and conspicuously in the public place: (A) a sign with the words "No Smoking"; or (B) a sign with the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across the cigarette; (2) post at each entrance to the public place a conspicuous sign clearly stating that smoking is prohibited; and (3) remove all ashtrays from any area in which smoking is prohibited. [Sections 172.055-172.100 reserved for expansion] SUBCHAPTER C. ENFORCEMENT AND PENALTIES Sec. 172.101. ENFORCEMENT. (a) The department shall enforce this chapter. (b) A governmental entity described by Section 172.002(a) that issues a license, certificate, registration, or other authority or permit for a public place or to a person who owns, manages, operates, or controls the public place shall provide notice to each applicant for the permit or authority of the provisions of this chapter. (c) A person may file with the department a complaint concerning a violation of this chapter. (d) The department or another agency of this state or a political subdivision of this state designated by the department may inspect an establishment for compliance with this chapter. (e) An employer or an owner, manager, operator, or employee of an establishment regulated under this chapter shall inform a person violating this chapter of the appropriate provisions pertaining to the violation. Sec. 172.102. INJUNCTIVE RELIEF. In addition to the other remedies provided by this chapter, the attorney general at the request of the department, or a person aggrieved by a violation of this chapter, may bring an action for injunctive relief to enforce this chapter. Sec. 172.103. OFFENSES; PENALTIES. (a) A person who violates Section 172.051 or 172.053(b) commits an offense. An offense under this subsection is a Class Cmisdemeanor punishable by a fine not to exceed $50. (b) An owner, manager, or operator of a public place who violates Section 172.054 commits an offense. An offense under this subsection is a Class Cmisdemeanor punishable by a fine not to exceed $100. (c) If it is shown on the trial of an offense under Subsection (b) that the defendant has previously been finally convicted of an offense under that subsection that occurred within one year before the date of the offense that is the subject of the trial, on conviction the defendant shall be punished by a fine not to exceed $200. (d) If it is shown on the trial of an offense under Subsection (b) that the defendant has previously been finally convicted of two offenses under that subsection that occurred within one year before the date of the offense that is the subject of the trial, on conviction the defendant shall be punished by a fine not to exceed $500. (e) If conduct that constitutes an offense under this section also constitutes an offense under another law, the offense may be prosecuted under this section, the other law, or both this section and the other law. Sec. 172.104. SEPARATE VIOLATIONS. Each day on which a violation of this chapter occurs is considered a separate violation. SECTION 4. This Act takes effect on the 91st day after the last day of the legislative session.
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Relating to reducing state Medicaid and other health care costs by prohibiting smoking in certain public places; providing penalties.
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Relating to reporting by state agencies on the financial effect of providing services to illegal immigrants.
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AN ACT relating to reporting by state agencies on the financial effect of providing services to illegal immigrants. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 2052, Government Code, is amended by adding Section 2052.004 to read as follows: Sec. 2052.004. LEGISLATIVE APPROPRIATIONS REQUEST SUPPORTING SCHEDULE ON FINANCIAL EFFECT OF ILLEGAL IMMIGRATION. (a) In this section, "state agency" has the meaning assigned by Section 2103.001. (b) Each state agency must include with the agency's legislative appropriations request a supporting schedule that provides an accounting of amounts spent by the agency during the state fiscal biennium preceding the biennium for which the legislative appropriations request is made to directly or indirectly provide services to persons who were not lawfully present in the United States, subject to Subsection (e). (c) A state agency that distributes money to a local governmental entity, including a school district, must include in the agency's accounting required by Subsection (b) the amounts distributed to a local governmental entity that the entity spent during the period described by Subsection (b) to provide services to persons who were not lawfully present in the United States, subject to Subsection (e). (d) A state agency, through the agency's governing body or chief administrative officer, as appropriate, may adopt rules requiring local governmental entities to which the agency distributes money to provide sufficiently detailed information to the agency to the extent practicable that will enable the agency to comply with the requirements of Subsection (c). (e) A state agency that does not have available data sufficient to provide the accounting required by Subsection (b), or, if applicable, to include the additional amounts required by Subsection (c), shall base the accounting and included additional amounts on the agency's best estimates of the relevant data. In making those estimates, the agency may use data collected or statistics made available to the agency by sources outside the agency, including community organizations. (f) The Legislative Budget Board shall: (1) compile information reported by state agencies as required by Subsection (b) into a single report; (2) include in the report a summary of the financial effect of state agencies' direct and indirect provision of services to persons who were not lawfully present in the United States; and (3) not later than December 1 of each even-numbered year, submit the report to the presiding officer of each standing committee of the senate and house of representatives having primary jurisdiction over matters relating to state finance and appropriations from the state treasury. SECTION 2. This Act takes effect on the 91st day after the last day of the legislative session.
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Relating to reporting by state agencies on the financial effect of providing services to illegal immigrants.
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Relating to the duty of a local law enforcement agency to verify the immigration status of certain arrested persons by use of the federal Secure Communities program.
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AN ACT relating to the duty of a local law enforcement agency to verify the immigration status of certain arrested persons by use of the federal Secure Communities program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.252 to read as follows: Art. 2.252. VERIFICATION OF IMMIGRATION STATUS OF PERSON CHARGED WITH COMMITTING OFFENSE. (a) A local law enforcement agency that has custody of a person who has been arrested and transported to a place of detention shall verify the immigration status of the person by use of the federal Secure Communities program operated by United States Immigration and Customs Enforcement or a successor program. (b) A local law enforcement agency is not required to conduct an immigration status verification under Subsection (a) of a person who is transferred to the custody of the agency by another law enforcement agency if the transferring agency, before transferring custody of the person, conducted an immigration status verification under Subsection (a). SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to the duty of a local law enforcement agency to verify the immigration status of certain arrested persons by use of the federal Secure Communities program.
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Relating to hearings on public school educator contracts.
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AN ACT relating to hearings on public school educator contracts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter C, Chapter 21, Education Code, is amended by adding Section 21.1041 to read as follows: Sec. 21.1041. HEARING UNDER PROBATIONARY CONTRACT. A teacher is entitled to: (1) a hearing as provided by Subchapter F, if the teacher is protesting proposed action under Section 21.104; or (2) a hearing in a manner provided under Section 21.207 for nonrenewal of a term contract or a hearing provided by Subchapter F, as determined by the board of trustees of the district, if the teacher is protesting proposed action to terminate a probationary contract before the end of the contract period on the basis of a financial exigency declared under Section 44.011 that requires a reduction in personnel. SECTION 2. Section 21.159(b), Education Code, is amended to read as follows: (b) A teacher who notifies the board of trustees within the time prescribed by Subsection (a) is entitled to:(1) a hearing as provided by Subchapter F, if the teacher is protesting proposed action under Section 21.156; or (2) a hearing in a manner provided under Section 21.207 for nonrenewal of a term contract or a hearing provided by Subchapter F, as determined by the board, if the teacher is protesting proposed action under Section 21.157 or proposed action to terminate a term contract at any time on the basis of a financial exigency declared under Section 44.011 that requires a reduction in personnel.SECTION 3. Section 21.207, Education Code, is amended by adding Subsection (b-1) and amending Subsection (c) to read as follows: (b-1) The board of trustees may designate an attorney licensed to practice law in this state to hold the hearing on behalf of the board, to create a hearing record for the board's consideration and action, and to recommend an action to the board. The attorney serving as the board's designee may not be employed by a school district and neither the designee nor a law firm with which the designee is associated may be serving as an agent or representative of a school district, of a teacher in a dispute between a district and a teacher, or of an organization of school employees, school administrators, or school boards of trustees. Not later than the 15th day after the completion of the hearing under this subsection, the board's designee shall provide to the board a record of the hearing and the designee's recommendation of whether the contract should be renewed or not renewed. The board shall consider the record of the hearing and the designee's recommendation at the first board meeting for which notice can be posted in compliance with Chapter 551, Government Code, following the receipt of the record and recommendation from the board's designee, unless the parties agree in writing to a different date. At the meeting, the board shall consider the hearing record and the designee's recommendation and allow each party to present an oral argument to the board. The board by written policy may limit the amount of time for oral argument. The policy must provide equal time for each party. The board may obtain advice concerning legal matters from an attorney who has not been involved in the proceedings. The board may accept, reject, or modify the designee's recommendation. The board shall notify the teacher in writing of the board's decision not later than the 15th day after the date of the meeting. (c) At the hearing before the board or the board's designee,the teacher may: (1) be represented by a representative of the teacher's choice; (2) hear the evidence supporting the reason for nonrenewal; (3) cross-examine adverse witnesses; and (4) present evidence. SECTION 4. Section 21.251, Education Code, is amended to read as follows: Sec. 21.251. APPLICABILITY. (a) This subchapter applies if a teacher requests a hearing after receiving notice of the proposed decision to: (1) terminate the teacher's continuing contract at any time,except as provided by Subsection (b)(3);(2) terminate the teacher's probationary or term contract before the end of the contract period,except as provided by Subsection (b)(3);or (3) suspend the teacher without pay. (b) This subchapter does not apply to: (1) a decision to terminate a teacher's employment at the end of a probationary contract; [or] (2) a decision not to renew a teacher's term contract, unless the board of trustees of the employing district has decided to use the process prescribed by this subchapter for that purpose;or (3) a decision, on the basis of a financial exigency declared under Section 44.011 that requires a reduction in personnel, to terminate a probationary or term contract before the end of the contract period or to terminate a continuing contract at any time, unless the board of trustees has decided to use the process prescribed by this subchapter for that purpose.SECTION 5. Subchapter A, Chapter 44, Education Code, is amended by adding Section 44.011 to read as follows: Sec. 44.011. FINANCIAL EXIGENCY. (a) The board of trustees of a school district may adopt a resolution declaring a financial exigency for the district. The declaration expires at the end of the fiscal year during which the declaration is made unless the board adopts a resolution before the end of the fiscal year declaring continuation of the financial exigency for the following fiscal year. (b) The board is not limited in the number of times the board may adopt a resolution declaring continuation of the financial exigency. (c) A board may terminate a financial exigency declaration at any time if the board considers it appropriate. (d) Each time the board adopts a resolution under this section, the board must notify the commissioner. The commissioner by rule shall prescribe the time and manner in which notice must be given to the commissioner under this subsection. SECTION 6. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to hearings on public school educator contracts.
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Relating to allocation of state and federal funds for adult basic education.
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AN ACT relating to allocation of state and federal funds for adult basic education. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 29.255, Education Code, is amended by adding Subsection (c) to read as follows: (c) Notwithstanding any other provision of this subchapter, the agency shall allocate state and federal adult education program funds, other than federal funds set aside for state administration, special projects, and staff development, to each county based on need, performance, and efficiency. SECTION 2. Subchapter H, Chapter 29, Education Code, is amended by adding Section 29.2535 to read as follows: Sec. 29.2535. SERVICE PROVIDER CONTRACTS: COMPETITIVE PROCUREMENT REQUIREMENT. (a) The agency shall use a competitive procurement process to award a contract to a service provider of an adult education program. (b) The agency shall adopt rules to administer this section. SECTION 3. (a) The change in law made by Section 29.2535(a), Education Code, as added by this Act, applies only to a contract entered into on or after September 1, 2012. (b) Not later than August 31, 2012, the Texas Education Agency shall adopt rules to provide for a competitive procurement process to award contracts to service providers of adult education programs as provided by Section 29.2535, Education Code, as added by this Act. SECTION 4. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2012.
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Relating to allocation of state and federal funds for adult basic education.
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Relating to the minimum salary for and minimum service required of certain public school employees.
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AN ACT relating to the minimum salary for and minimum service required of certain public school employees. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. (a) The following provisions of the Education Code are repealed: (1) Section 21.401; (2) Section 21.402; (3) Section 21.403; (4) Section 21.410(l); (5) Section 21.411(l); (6) Section 21.412(l); (7) Section 21.413(l); (8) Section 29.0821(c); and (9) Section 30.102(b). (b) Section 823.404, Government Code, is repealed. SECTION 2. Sections 12.133(b), (b-1), (c), and (d-1), Education Code, are amended to read as follows: (b) Each school year, using state funds received by the charter holder for that purpose under Subsection (d), a charter holder that participated in the program under Chapter 1579, Insurance Code, for the 2005-2006 school year shall provide employees of the charter holder, other than administrators, compensation in the form of annual salaries, incentives, or other compensation determined appropriate by the charter holder that results in an average compensation increase for classroom teachers, full-time librarians, full-time counselors, and full-time school nurses who are employed by the charter holder [and who would be entitled to a minimum salary under Section 21.402 if employed by a school district] in an amount at least equal to $2,500. (b-1) Using state funds received by the charter holder for that purpose under Subsection (d-1), a charter holder that participated in the program under Chapter 1579, Insurance Code, for the 2005-2006 school year shall provide employees of the charter holder, other than administrators, compensation in the form of annual salaries, incentives, or other compensation determined appropriate by the charter holder that results in average compensation increases as follows: (1) for full-time employees other than full-time classroom teachers, full-time librarians, full-time counselors, and full-time nurses [employees who would be entitled to a minimum salary under Section 21.402 if employed by a school district],an average increase at least equal to $500; and (2) for part-time employees, an average increase at least equal to $250. (c) Each school year, using state funds received by the charter holder for that purpose under Subsection (e), a charter holder that did not participate in the program under Chapter 1579, Insurance Code, for the 2005-2006 school year shall provide employees of the charter holder, other than administrators, compensation in the form of annual salaries, incentives, or other compensation determined appropriate by the charter holder that results in an average compensation increase for classroom teachers, full-time librarians, full-time counselors, and full-time school nurses who are employed by the charter holder [and who would be entitled to a minimum salary under Section 21.402 if employed by a school district] in an amount at least equal to $2,000. (d-1) In addition to any amounts to which a charter holder is entitled under this chapter, a charter holder that participated in the program under Chapter 1579, Insurance Code, for the 2005-2006 school year is entitled to state aid in an amount, as determined by the commissioner, equal to the sum of: (1) the product of $500 multiplied by the number of full-time employees other than full-time classroom teachers, full-time librarians, full-time counselors, and full-time nurses [employees who would be entitled to a minimum salary under Section 21.402 if employed by a school district];and (2) the product of $250 multiplied by the number of part-time employees. SECTION 3. Section 19.007(f), Education Code, is amended to read as follows: (f) In addition to other amounts received by the district under this section, the district is entitled to state aid in an amount equal to the product of $2,000 multiplied by the number of classroom teachers, full-time librarians, full-time counselors certified under Subchapter B, Chapter 21, and full-time school nurses who are employed by the district [and who would be entitled to a minimum salary under Section 21.402 if employed by a school district operating under Chapter 11].SECTION 4. Section 19.009(d-1), Education Code, is amended to read as follows: (d-1) Each school year, the district shall pay an amount at least equal to $2,000 to each classroom teacher, full-time librarian, full-time counselor certified under Subchapter B, Chapter 21, and full-time school nurse who is employed by the district [and who would be entitled to a minimum salary under Section 21.402 if employed by a school district operating under Chapter 11].A payment under this section is in addition to wages the district would otherwise pay the employee during the school year. SECTION 5. Section 21.0031(b), Education Code, is amended to read as follows: (b) After an employee receives notice that the employee's contract is void under Subsection (a),[: [(1)] a school district may: (1) [(A)] terminate the employee; (2) [(B)] suspend the employee with or without pay; or (3) [(C)] retain the employee for the remainder of the school year on an at-will employment basis in a position other than classroom teacher at the employee's existing rate of pay or at a reduced rate [; and [(2) the employee is not entitled to the minimum salary prescribed by Section 21.402].SECTION 6. Section 21.4031, Education Code, is amended by amending Subsections (a) and (c) and adding Subsection (d) to read as follows: (a) In this section,"service [: [(1) "Salary schedule" means the minimum salary schedule under Section 21.402 or a comparable salary schedule used by a school district that specifies salary amounts based on an employee's level of experience. [(2) "Service] record" means a school district document that indicates the total years of service provided to the district by a classroom teacher, librarian, counselor, or nurse. (c) If a school district fails to provide an individual's service record as required by Subsection (b), the agency shall, to the extent that information is available to the agency, provide the employing school district with the information [sufficient to enable the district to determine proper placement of the individual on the district's salary schedule].(d) The commissioner shall adopt rules for determining the experience as a classroom teacher, librarian, counselor, or nurse for a school district for which an individual is to be given credit for years of service for purposes of a service record. Each district shall maintain service records in accordance with commissioner rules adopted under this subsection. SECTION 7. Subchapter I, Chapter 21, Education Code, is amended by adding Sections 21.4033 and 21.4034 to read as follows: Sec. 21.4033. MINIMUM SALARY FOR CERTAIN PROFESSIONAL STAFF. A school district shall pay each district classroom teacher, full-time librarian, full-time counselor certified under Subchapter B, or full-time school nurse not less than an annual salary of $27,320. Sec. 21.4034. REDUCTIONS IN SALARIES OF CLASSROOM TEACHERS AND OTHER DISTRICT EMPLOYEES. (a) This section applies only to a widespread reduction in the amount of the annual salaries paid to school district classroom teachers based primarily on district financial conditions rather than on teacher performance. (b) For any school year in which a school district has reduced the amount of the annual salaries paid to district classroom teachers from the amount paid for the preceding school year, the district shall reduce the amount of the annual salary paid to each district counselor, librarian, school nurse, and school-level or district-level administrator by a percent or fraction of a percent that is equal to the average percent or fraction of a percent by which teacher salaries have been reduced. SECTION 8. Section 21.4551(e), Education Code, is amended to read as follows: (e) From funds appropriated for that purpose, a teacher who attends a reading academy is entitled to receive a stipend in the amount determined by the commissioner. [A stipend received under this subsection is not considered in determining whether a district is paying the teacher the minimum monthly salary under Section 21.402.] SECTION 9. Section 22.107(a), Education Code, is amended to read as follows: (a) A school district shall pay each full-time district employee, other than an administrator or a classroom teacher, full-time librarian, full-time counselor certified under Subchapter B, Chapter 21, or full-time school nurse [an employee subject to the minimum salary schedule under Section 21.402],an amount at least equal to $500. SECTION 10. Section 30.022(f), Education Code, is amended to read as follows: (f) Before the beginning of each fiscal year, the board shall adopt a calendar for the school's operation that provides for at least [: [(1)] the minimum number of days of instruction required by Section 25.081 [; and [(2) the minimum number of days of service required by Section 21.401].SECTION 11. Section 30.052(f), Education Code, is amended to read as follows: (f) Before the beginning of each fiscal year, the board shall adopt a calendar for the school's operation that provides for at least [: [(1)] the minimum number of days of instruction required by Section 25.081 [; and [(2) the minimum number of days of service required by Section 21.401].SECTION 12. Section 42.2513(a), Education Code, is amended to read as follows: (a) A school district, including a school district that is otherwise ineligible for state aid under this chapter, is entitled to state aid in an amount equal to the sum of: (1) the product of $500 multiplied by the number of full-time district employees, other than administrators or classroom teachers, full-time librarians, full-time counselors certified under Subchapter B, Chapter 21, or full-time school nurses [employees subject to the minimum salary schedule under Section 21.402];and (2) the product of $250 multiplied by the number of part-time district employees, other than administrators. SECTION 13. Section 825.405, Government Code, is amended by amending Subsections (a) and (b) and adding Subsection (j) to read as follows: (a) For members in a personnel position that would have been entitled to the minimum salary for certain school personnel under Section 21.402, Education Code, as that section existed on January 1, 2011, and for members who would have been entitled to the minimum salary for certain school personnel under former Section 16.056, Education Code, as that section existed on January 1, 1995, the employing district shall pay the state's contribution on the portion of the member's salary that exceeds the statutory minimum salary,based on the member's years of experience.(b) For purposes of this section,[: [(1)] the statutory minimum salary is the amount specified below [for certain school personnel under Section 21.402, Education Code, is the salary provided by that section] multiplied by the cost of education adjustment applicable under Section 42.102, Education Code, to the district in which the member is employed:Years of Monthly Experience Salary 0 2,732 1 2,791 2 2,849 3 2,908 4 3,032 5 3,156 6 3,280 7 3,395 8 3,504 9 3,607 10 3,704 11 3,796 12 3,884 13 3,965 14 4,043 15 4,116 16 4,186 17 4,251 18 4,313 19 4,372 20 & Over 4,427 [; and [(2) the statutory minimum salary for members who would have been entitled to the minimum salary for certain school personnel under former Section 16.056, Education Code, as that section existed on January 1, 1995, is a minimum salary computed in the same manner as the minimum salary for certain school personnel under Section 21.402, Education Code, multiplied by the cost of education adjustment applicable under Section 42.102, Education Code, to the district in which the member is employed.] (j) At least once every four years, the Legislative Budget Board shall review and make recommendations regarding revision of the portion of the state's contribution for which school districts are responsible under this section. SECTION 14. This Act applies beginning with the 2011-2012 school year. SECTION 15. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to the minimum salary for and minimum service required of certain public school employees.
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Relating to an increase in the cigarette tax, to the use of revenue from the tax, and to the enforcement of the tax.
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AN ACT relating to an increase in the cigarette tax, to the use of revenue from the tax, and to the enforcement of the tax. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 154.021(b), Tax Code, is amended to read as follows: (b) The tax rates are: (1) $123 [$70.50] per thousand on cigarettes weighing three pounds or less per thousand; and (2) the rate provided by Subdivision (1) plus $2.10 per thousand on cigarettes weighing more than three pounds per thousand. SECTION 2. Section 154.053(a), Tax Code, is amended to read as follows: (a) The comptroller shall design and have printed or manufactured cigarette tax stamps. If the comptroller determines that it is necessary for the best enforcement of this chapter, the comptroller shall [may] change the design, color, [or] denomination,technology, or other feature of the stamps. The comptroller shall determine the quantity and the size, design, color, [or] denomination, technology, or other feature [and quantity] of stamps manufactured. The stamps shall be manufactured so that they may be easily and securely attached to an individual package of cigarettes. The comptroller may designate the method of identification for the stamps and shall award the contract for the printing or manufacturing to the person submitting the bid that will give the best protection to the state in enforcing this chapter. SECTION 3. Section 154.054(a), Tax Code, is amended to read as follows: (a) The comptroller may redeem unused cigarette tax stamps that were lawfully issued before a change in the stamps' design, color, [or] denomination,technology, or other feature [change].SECTION 4. Sections 154.058(a) and (d), Tax Code, are amended to read as follows: (a) On the effective date of a tax increase, each distributor, wholesaler, and retailer who has 2,000 or more cigarettes in packages stamped with stamps of an old design, color, [or] denomination,technology, or other feature shall immediately inventory the packages and any unused stamps of an old design, color, [or] denomination,technology, or other feature and file a report of the inventory with the comptroller. (d) This section does not affect the date payment is due for stamps of an old design, color, [or] denomination,technology, or other feature if payment has not been made for the stamps on or before the effective date of the tax increase. SECTION 5. Section 154.6035, Tax Code, is amended to read as follows: Sec. 154.6035. ALLOCATION OF CERTAIN REVENUE TO PROPERTY TAX RELIEF AND GENERAL REVENUE FUNDS [FUND].(a) Notwithstanding Section 154.603, all proceeds from the collection of taxes imposed by this chapter attributable to the portion of the tax rate in excess of $23 [$20.50] per thousand on cigarettes, regardless of weight, shall be deposited to the credit of the property tax relief fund under Section 403.109, Government Code. (b) Notwithstanding Section 154.603, all proceeds from the collection of taxes imposed by this chapter attributable to the portion of the tax rate in excess of $20.50 per thousand on cigarettes, but not exceeding $23 per thousand, regardless of weight, shall be deposited to the credit of an account in the general revenue fund. Money in the account may be appropriated only to the Department of State Health Services for use by the department's Office of Smoking and Health for programs and initiatives to reduce the use of tobacco and tobacco products. SECTION 6. This Act takes effect October 1, 2011.
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Relating to an increase in the cigarette tax, to the use of revenue from the tax, and to the enforcement of the tax.
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Relating to a disciplinary proceeding for a professional employee of a school district based on the employee's use of physical force against a student.
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AN ACT relating to a disciplinary proceeding for a professional employee of a school district based on the employee's use of physical force against a student. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 22.0512(a), Education Code, is amended to read as follows: (a) A professional employee of a school district may not be subject to disciplinary proceedings for the employee's objectively reasonable use of physical force against a student to the extent justified under Section 9.62, Penal Code. SECTION 2. This Act applies only to a school district employee disciplinary proceeding for conduct that occurs on or after the effective date of this Act. A school district employee disciplinary proceeding for conduct that occurs before the effective date of this Act is governed by the law in effect on the date the conduct occurs, and that law is continued in effect for that purpose. SECTION 3. This Act takes effect on the 91st day after the last day of the legislative session.
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Relating to a disciplinary proceeding for a professional employee of a school district based on the employee's use of physical force against a student.
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Relating to the Interstate Health Care Compact.
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AN ACT relating to the Interstate Health Care Compact. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Title 15, Insurance Code, is amended by adding Chapter 5002 to read as follows: CHAPTER 5002. INTERSTATE HEALTH CARE COMPACT Sec. 5002.001. EXECUTION OF COMPACT. This state enacts the Interstate Health Care Compact and enters into the compact with all other states legally joining in the compact in substantially the following form: Whereas, the separation of powers, both between the branches of the Federal government and between Federal and State authority, is essential to the preservation of individual liberty; Whereas, the Constitution creates a Federal government of limited and enumerated powers, and reserves to the States or to the people those powers not granted to the Federal government; Whereas, the Federal government has enacted many laws that have preempted State laws with respect to Health Care, and placed increasing strain on State budgets, impairing other responsibilities such as education, infrastructure, and public safety; Whereas, the Member States seek to protect individual liberty and personal control over Health Care decisions, and believe the best method to achieve these ends is by vesting regulatory authority over Health Care in the States; Whereas, by acting in concert, the Member States may express and inspire confidence in the ability of each Member State to govern Health Care effectively; and Whereas, the Member States recognize that consent of Congress may be more easily secured if the Member States collectively seek consent through an interstate compact; NOW THEREFORE, the Member States hereto resolve, and by the adoption into law under their respective State Constitutions of this Health Care Compact, agree, as follows: Sec. 1. Definitions. As used in this Compact, unless the context clearly indicates otherwise: "Commission" means the Interstate Advisory Health Care Commission. "Effective Date" means the date upon which this Compact shall become effective for purposes of the operation of State and Federal law in a Member State, which shall be the later of: a) the date upon which this Compact shall be adopted under the laws of the Member State, and b) the date upon which this Compact receives the consent of Congress pursuant to Article I, Section 10, of the United States Constitution, after at least two Member States adopt this Compact. "Health Care" means care, services, supplies, or plans related to the health of an individual and includes but is not limited to: (a) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care and counseling, service, assessment, or procedure with respect to the physical or mental condition or functional status of an individual or that affects the structure or function of the body, and (b) sale or dispensing of a drug, device, equipment, or other item in accordance with a prescription, and (c) an individual or group plan that provides, or pays the cost of, care, services, or supplies related to the health of an individual, except any care, services, supplies, or plans provided by the United States Department of Defense and United States Department of Veteran Affairs, or provided to Native Americans. "Member State" means a State that is signatory to this Compact and has adopted it under the laws of that State. "Member State Base Funding Level" means a number equal to the total Federal spending on Health Care in the Member State during Federal fiscal year 2010. On or before the Effective Date, each Member State shall determine the Member State Base Funding Level for its State, and that number shall be binding upon that Member State. "Member State Current Year Funding Level" means the Member State Base Funding Level multiplied by the Member State Current Year Population Adjustment Factor multiplied by the Current Year Inflation Adjustment Factor. "Member State Current Year Population Adjustment Factor" means the average population of the Member State in the current year less the average population of the Member State in Federal fiscal year 2010, divided by the average population of the Member State in Federal fiscal year 2010, plus 1. Average population in a Member State shall be determined by the United States Census Bureau. "Current Year Inflation Adjustment Factor" means the Total Gross Domestic Product Deflator in the current year divided by the Total Gross Domestic Product Deflator in Federal fiscal year 2010. Total Gross Domestic Product Deflator shall be determined by the Bureau of Economic Analysis of the United States Department of Commerce. Sec. 2. Pledge. The Member States shall take joint and separate action to secure the consent of the United States Congress to this Compact in order to return the authority to regulate Health Care to the Member States consistent with the goals and principles articulated in this Compact. The Member States shall improve Health Care policy within their respective jurisdictions and according to the judgment and discretion of each Member State. Sec. 3. Legislative Power. The legislatures of the Member States have the primary responsibility to regulate Health Care in their respective States. Sec. 4. State Control. Each Member State, within its State, may suspend by legislation the operation of all federal laws, rules, regulations, and orders regarding Health Care that are inconsistent with the laws and regulations adopted by the Member State pursuant to this Compact. Federal and State laws, rules, regulations, and orders regarding Health Care will remain in effect unless a Member State expressly suspends them pursuant to its authority under this Compact. For any federal law, rule, regulation, or order that remains in effect in a Member State after the Effective Date, that Member State shall be responsible for the associated funding obligations in its State. Sec. 5. Funding. (a) Each Federal fiscal year, each Member State shall have the right to Federal monies up to an amount equal to its Member State Current Year Funding Level for that Federal fiscal year, funded by Congress as mandatory spending and not subject to annual appropriation, to support the exercise of Member State authority under this Compact. This funding shall not be conditional on any action of or regulation, policy, law, or rule being adopted by the Member State. (b) By the start of each Federal fiscal year, Congress shall establish an initial Member State Current Year Funding Level for each Member State, based upon reasonable estimates. The final Member State Current Year Funding Level shall be calculated, and funding shall be reconciled by the United States Congress based upon information provided by each Member State and audited by the United States Government Accountability Office. Sec. 6. Interstate Advisory Health Care Commission. (a) The Interstate Advisory Health Care Commission is established. The Commission consists of members appointed by each Member State through a process to be determined by each Member State. A Member State may not appoint more than two members to the Commission and may withdraw membership from the Commission at any time. Each Commission member is entitled to one vote. The Commission shall not act unless a majority of the members are present, and no action shall be binding unless approved by a majority of the Commission's total membership. (b) The Commission may elect from among its membership a Chairperson. The Commission may adopt and publish bylaws and policies that are not inconsistent with this Compact. The Commission shall meet at least once a year, and may meet more frequently. (c) The Commission may study issues of Health Care regulation that are of particular concern to the Member States. The Commission may make non-binding recommendations to the Member States. The legislatures of the Member States may consider these recommendations in determining the appropriate Health Care policies in their respective States. (d) The Commission shall collect information and data to assist the Member States in their regulation of Health Care, including assessing the performance of various State Health Care programs and compiling information on the prices of Health Care. The Commission shall make this information and data available to the legislatures of the Member States. Notwithstanding any other provision in this Compact, no Member State shall disclose to the Commission the health information of any individual, nor shall the Commission disclose the health information of any individual. (e) The Commission shall be funded by the Member States as agreed to by the Member States. The Commission shall have the responsibilities and duties as may be conferred upon it by subsequent action of the respective legislatures of the Member States in accordance with the terms of this Compact. (f) The Commission shall not take any action within a Member State that contravenes any State law of that Member State. Sec. 7. Congressional Consent. This Compact shall be effective on its adoption by at least two Member States and consent of the United States Congress. This Compact shall be effective unless the United States Congress, in consenting to this Compact, alters the fundamental purposes of this Compact, which are: (a) To secure the right of the Member States to regulate Health Care in their respective States pursuant to this Compact and to suspend the operation of any conflicting federal laws, rules, regulations, and orders within their States; and (b) To secure Federal funding for Member States that choose to invoke their authority under this Compact, as prescribed by Section 5 above. Sec. 8. Amendments. The Member States, by unanimous agreement, may amend this Compact from time to time without the prior consent or approval of Congress and any amendment shall be effective unless, within one year, the Congress disapproves that amendment. Any State may join this Compact after the date on which Congress consents to the Compact by adoption into law under its State Constitution. Sec. 9. Withdrawal; Dissolution. Any Member State may withdraw from this Compact by adopting a law to that effect, but no such withdrawal shall take effect until six months after the Governor of the withdrawing Member State has given notice of the withdrawal to the other Member States. A withdrawing State shall be liable for any obligations that it may have incurred prior to the date on which its withdrawal becomes effective. This Compact shall be dissolved upon the withdrawal of all but one of the Member States. Sec. 5002.002. IMPLEMENTATION IN TEXAS. The legislature may not implement the Interstate Health Care Compact in any manner that negatively affects or impacts any entitlement to Medicare benefits to senior adults in this state. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to the Interstate Health Care Compact.
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Relating to the Medicaid program and alternate methods of providing health services to low-income persons in this state.
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AN ACT relating to the Medicaid program and alternate methods of providing health services to low-income persons in this state. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle I, Title 4, Government Code, is amended by adding Chapter 537 to read as follows: CHAPTER 537. MEDICAID REFORM WAIVER Sec. 537.001. DEFINITIONS. In this chapter: (1) "Commission" means the Health and Human Services Commission. (2) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. Sec. 537.002. FEDERAL AUTHORIZATION FOR MEDICAID REFORM. (a) The executive commissioner shall seek a waiver under Section 1115 of the federal Social Security Act (42 U.S.C. Section 1315) to the state Medicaid plan. (b) The waiver under this section must be designed to achieve the following objectives regarding the Medicaid program and alternatives to the program: (1) provide flexibility to determine Medicaid eligibility categories and income levels; (2) provide flexibility to design Medicaid benefits that meet the demographic, public health, clinical, and cultural needs of this state or regions within this state; (3) encourage use of the private health benefits coverage market rather than public benefits systems; (4) encourage people who have access to private employer-based health benefits to obtain or maintain those benefits; (5) create a culture of shared financial responsibility, accountability, and participation in the Medicaid program by: (A) establishing and enforcing copayment requirements similar to private sector principles for all eligibility groups; (B) promoting the use of health savings accounts to influence a culture of individual responsibility; and (C) promoting the use of vouchers for consumer-directed services in which consumers manage and pay for health-related services provided to them using program vouchers; (6) consolidate federal funding streams, including funds from the disproportionate share hospitals and upper payment limit supplemental payment programs and other federal Medicaid funds, to ensure the most effective and efficient use of those funding streams; (7) allow flexibility in the use of state funds used to obtain federal matching funds, including allowing the use of intergovernmental transfers, certified public expenditures, costs not otherwise matchable, or other funds and funding mechanisms to obtain federal matching funds; (8) empower individuals who are uninsured to acquire health benefits coverage through the promotion of cost-effective coverage models that provide access to affordable primary, preventive, and other health care on a sliding scale, with fees paid at the point of service; and (9) allow for the redesign of long-term care services and supports to increase access to patient-centered care in the most cost-effective manner. SECTION 2. (a) In this section: (1) "Commission" means the Health and Human Services Commission. (2) "FMAP" means the federal medical assistance percentage by which state expenditures under the Medicaid program are matched with federal funds. (3) "Illegal immigrant" means an individual who is not a citizen or national of the United States and who is unlawfully present in the United States. (4) "Medicaid program" means the medical assistance program under Chapter 32, Human Resources Code. (b) The commission shall actively pursue a modification to the formula prescribed by federal law for determining this state's FMAP to achieve a formula that would produce an FMAP that accounts for and is periodically adjusted to reflect changes in the following factors in this state: (1) the total population; (2) the population growth rate; and (3) the percentage of the population with household incomes below the federal poverty level. (c) The commission shall pursue the modification as required by Subsection (b) of this section by providing to the Texas delegation to the United States Congress and the federal Centers for Medicare and Medicaid Services and other appropriate federal agencies data regarding the factors listed in that subsection and information indicating the effects of those factors on the Medicaid program that are unique to this state. (d) In addition to the modification to the FMAP described by Subsection (b) of this section, the commission shall make efforts to obtain additional federal Medicaid funding for Medicaid services required to be provided to illegal immigrants in this state. As part of that effort, the commission shall provide to the Texas delegation to the United States Congress and the federal Centers for Medicare and Medicaid Services and other appropriate federal agencies data regarding the costs to this state of providing those services. (e) This section expires September 1, 2013. SECTION 3. (a) The Medicaid Reform Waiver Legislative Oversight Committee is created to facilitate the reform waiver efforts with respect to Medicaid. (b) The committee is composed of eight members, as follows: (1) four members of the senate, appointed by the lieutenant governor not later than October 1, 2011; and (2) four members of the house of representatives, appointed by the speaker of the house of representatives not later than October 1, 2011. (c) A member of the committee serves at the pleasure of the appointing official. (d) The speaker of the house of representatives shall designate a member of the committee as the presiding officer. (e) A member of the committee may not receive compensation for serving on the committee but is entitled to reimbursement for travel expenses incurred by the member while conducting the business of the committee as provided by the General Appropriations Act. (f) The committee shall: (1) facilitate the design and development of the Medicaid reform waiver required by Chapter 537, Government Code, as added by this Act; (2) facilitate a smooth transition from existing Medicaid payment systems and benefit designs to a new model of Medicaid enabled by the waiver described by Subdivision (1) of this subsection; (3) meet at the call of the presiding officer; and (4) research, take public testimony, and issue reports requested by the lieutenant governor or speaker of the house of representatives. (g) The committee may request reports and other information from the Health and Human Services Commission. (h) The committee shall use existing staff of the senate, the house of representatives, and the Texas Legislative Council to assist the committee in performing its duties under this section. (i) Chapter 551, Government Code, applies to the committee. (j) The committee shall report to the lieutenant governor and speaker of the house of representatives not later than November 15, 2012. The report must include: (1) identification of significant issues that impede the transition to a more effective Medicaid program; (2) the measures of effectiveness associated with changes to the Medicaid program; (3) the impact of Medicaid changes on safety net hospitals and other significant traditional providers; and (4) the impact on the uninsured in Texas. (k) This section expires September 1, 2013, and the committee is abolished on that date. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to the Medicaid program and alternate methods of providing health services to low-income persons in this state.
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Relating to equal opportunity for access by private and parochial school students to University Interscholastic League sponsored activities.
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AN ACT relating to equal opportunity for access by private and parochial school students to University Interscholastic League sponsored activities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 33, Education Code, is amended by adding Section 33.0832 to read as follows: Sec. 33.0832. EQUAL OPPORTUNITY FOR ACCESS TO UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES. (a) In this section, "private school" has the meaning assigned by Section 39.033(d). (b) The University Interscholastic League shall provide private and parochial schools with equal opportunity to become members of the league for the purpose of providing their students with access to league activities. (c) This section does not exempt a private or parochial school or its students from satisfying each rule or eligibility requirement imposed by this subchapter or the league for participating in an activity or league district sponsored by the league. (d) A private or parochial school seeking to participate in a league activity or to become a member of a league district shall apply to the league on a signed form prescribed by the league. The school must certify its eligibility under this subchapter and league rules in the application and must attach proof of accreditation. The league may not impose eligibility requirements for private or parochial schools that exceed the requirements of this subchapter or league rules for public schools or require proof of eligibility that exceeds the proof required of public schools. On approval of an application, the league shall issue a certificate of approval to the applicant school. The application and certificate of approval are governmental records for purposes of Section 37.10, Penal Code. (e) The league shall determine the appropriate league district in which an eligible private or parochial school will participate using the same standard the league applies to public schools, provided that the private or parochial school may not be placed in a league district lower than the 1A level. (f) The league may adopt rules designed to discourage an eligible private or parochial school from recruiting any student to attend the school for the purpose of participating in a league activity. A rule adopted under this subsection may not be designed to discriminate against an eligible private or parochial school. (g) To be eligible under this section, a private or parochial school must: (1) be accredited by an accrediting organization recognized by the agency; (2) not have had its ability or eligibility to participate in an association similar to the league compromised, revoked, or suspended for violating the rules or codes of that association within the five-year period preceding the date of application to participate in the league; (3) offer a four-year high school curriculum; (4) offer interscholastic competition; and (5) require daily student attendance at a specific location. (h) Notwithstanding any other provision of this section, the league shall implement this section by providing private and parochial schools with equal opportunity to participate in: (1) league academic activities beginning with the 2011-2012 school year; (2) league athletic activities at the 1A and 2A league district levels beginning with the spring semester of the 2011-2012 school year; (3) league athletic activities at the 3A league district level beginning with the 2012-2013 school year; (4) league athletic activities at the 4A league district level beginning with the 2013-2014 school year; and (5) league athletic activities at the 5A league district level beginning with the 2014-2015 school year. (i) Subsection (h) and this subsection expire September 1, 2015. (j) Notwithstanding any other law, a child who resides within the attendance area of a public school and who is instructed at home shall be allowed to try out for interscholastic activities on behalf of the public school in the same manner as a pupil who is enrolled in that public school. Registration, age eligibility requirements, fees, insurance, transportation, physical condition, qualifications, responsibilities, event schedules, standards of behavior and performance policies for home schooled students shall be consistent with those policies established for students enrolled in that public school. The individual providing the primary instruction of a child who is instructed at home shall submit written verification that provides: (1) Whether the student is receiving a passing grade in each course or subject being taught. (2) Whether the student is maintaining satisfactory progress towards advancement or promotion. (k) A child who is instructed at home and who was previously enrolled in a school shall be ineligible to participate in interscholastic activities for the remainder of the school year during which the child was enrolled in a school. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to equal opportunity for access by private and parochial school students to University Interscholastic League sponsored activities.
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Relating to personal leave provided for a school district employee who is a victim of certain assaults.
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AN ACT relating to personal leave provided for a school district employee who is a victim of certain assaults. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 22.003(b), Education Code, is amended to read as follows: (b) In addition to all other days of leave provided by this section or by the school district, an employee of a school district who is the victim of an intentional physical assault by a student [physically assaulted] during the performance of the employee's regular duties is entitled to the number of days of leave necessary to recuperate from all physical injuries sustained as a result of the assault. At the request of an employee, the school district must immediately assign an employee to assault leave and, on investigation of the claim, may change the assault leave status and charge the leave against the employee's accrued personal leave or against an employee's pay if insufficient accrued personal leave is available. Days of leave taken under this subsection may not be deducted from accrued personal leave. The period provided by this subsection may not extend more than one year [two years] beyond the date of the assault. Notwithstanding any other law, assault leave policy benefits due to an employee shall be coordinated with temporary income benefits due from workers' compensation so that the employee's total compensation from temporary income benefits and assault leave policy benefits equals 100 percent of the employee's weekly rate of pay. SECTION 2. Section 22.003(b), Education Code, as amended by this Act, applies only to an employee assaulted on or after the effective date of this Act. An employee assaulted before the effective date of this Act is governed by the law in effect on the date of the assault, and the former law is continued in effect for that purpose. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to personal leave provided for a school district employee who is a victim of certain assaults.
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Relating to the regulation of certain animals.
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AN ACT relating to the regulation of certain animals. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 822.007, Health and Safety Code, is amended to read as follows: Sec. 822.007. LOCAL REGULATION OF DOGS. (a) Except as provided by Subsection (c), this [This] subchapter does not prohibit a municipality or county from adopting leash or registration requirements applicable to dogs. (b) A volunteer search and rescue service dog that is part of a volunteer search and rescue team is not considered a dangerous wild animal for purposes of this chapter. (c) In this section, "volunteer search and rescue team" means an individual or an organized group of volunteers issued a written document by a law enforcement department that recognizes the individual or group as a person or group that trains dogs to assist in the location of a lost or missing person or for law enforcement purposes. A municipality may not adopt or enforce an ordinance, including a leash law, that restricts the ability of a volunteer search and rescue team to train a service dog for search and rescue or law enforcement purposes. SECTION 2. Section 822.101, Health and Safety Code, is amended by adding Subdivision (8) to read as follows: (8) "Wildlife sanctuary" means a public charitable organization that: (A) is exempt from taxation under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt organization under Section 501(c)(3) of that code; (B) is described by Section 170(b)(1)(A)(vi), Internal Revenue Code of 1986; (C) operates a place of refuge where an abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced wild animal is: (i) provided care for the animal's lifetime; (ii) transferred to another wildlife sanctuary; or (iii) released back to the animal's natural habitat; and (D) with respect to a wild animal owned by the organization, does not: (i) conduct any commercial activity; or (ii) breed the animal. SECTION 3. Section 822.102(a), Health and Safety Code, is amended to read as follows: (a) This subchapter does not apply to: (1) a county, municipality, or agency of the state or an agency of the United States or an agent or official of a county, municipality, or agency acting in an official capacity; (2) a research facility, as that term is defined by Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), and its subsequent amendments, that is licensed by the secretary of agriculture of the United States under that Act; (3) an organization that is an accredited member of the American Zoo and Aquarium Association; (4) an injured, infirm, orphaned, or abandoned dangerous wild animal while being transported for care or treatment; (5) a sick or [an] injured [ infirm, orphaned, or abandoned] dangerous wild animal while being rehabilitated or [] treated [ or cared for] by and in the temporary possession of a licensed veterinarian [ an incorporated humane society or animal shelter] or a person who holds a rehabilitation permit issued under Subchapter C, Chapter 43, Parks and Wildlife Code,for the animal being rehabilitated or treated;(6) a dangerous wild animal owned by and in the custody and control of a transient circus company that is not based in this state if: (A) the animal is used as an integral part of the circus performances; and (B) the animal is kept within this state only during the time the circus is performing in this state or for a period not to exceed 30 days while the circus is performing outside the United States; (7) a dangerous wild animal while in the temporary custody or control of a television or motion picture production company during the filming of a television or motion picture production in this state; (8) a dangerous wild animal owned by and in the possession, custody, or control of a college or university solely as a mascot for the college or university; (9) a dangerous wild animal while being transported in interstate commerce through the state in compliance with the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments and the regulations adopted under that Act; (10) a nonhuman primate owned by and in the control and custody of a person whose only business is supplying nonhuman primates directly and exclusively to biomedical research facilities and who holds a Class "A" or Class "B" dealer's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments; (11) a dangerous wild animal that is: (A) owned by or in the possession, control, or custody of a person who is a participant in a species survival plan of the American Zoo and Aquarium Association for that species; and (B) an integral part of that species survival plan; [and] (12) in a county west of the Pecos River that has a population of less than 25,000, a cougar, bobcat, or coyote in the possession, custody, or control of a person that has trapped the cougar, bobcat, or coyote as part of a predator or depredation control activity;(13) an organization that is an accredited member of the Zoological Association of America; and (14) a wildlife sanctuary that is verified or accredited by: (A) the Global Federation of Animal Sanctuaries; (B) the American Sanctuary Association and that received initial verification or accreditation from that association before May 1, 2011; or (C) a successor nonprofit organization that is similar to the Global Federation of Animal Sanctuaries and is designated by the Department of State Health Services if the Global Federation of Animal Sanctuaries ceases to exist.SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to the regulation of certain animals.
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Relating to a moratorium on administering assessment instruments to public school students under the public school accountability system.
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AN ACT relating to a moratorium on administering assessment instruments to public school students under the public school accountability system. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 39, Education Code, is amended by adding Section 39.0221 to read as follows: Sec. 39.0221. TEMPORARY MORATORIUM ON ADMINISTERING ASSESSMENT INSTRUMENTS. (a) The agency shall develop and implement a plan for school districts to suspend the administration of assessment instruments under Section 39.023 for the 2011-2012 and 2012-2013 school years. (b) A superintendent of a school district may suspend district administration of assessment instruments under Section 39.023 for the 2011-2012 and 2012-2013 school years if the suspension is: (1) approved by the board of trustees of the district; and (2) consistent with the plan developed by the agency under Subsection (a). (c) A superintendent of a school district may apply funds the superintendent identifies as savings from expenditures otherwise required for assessment instruments or the administration of assessment instruments only to: (1) the retention of teachers or other district personnel with direct student contact and involvement; or (2) consumable resources requested by classroom teachers for classroom instruction. (d) The amount of state funding a school district receives each school year is not contingent on a superintendent's decision under this section concerning the administration of assessment instruments under Section 39.023 for the 2011-2012 and 2012-2013 school years. (e) This section expires September 1, 2013. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to a moratorium on administering assessment instruments to public school students under the public school accountability system.
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Relating to reducing costs in public school extracurricular activities.
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AN ACT relating to reducing costs in public school extracurricular activities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 33, Education Code, is amended by adding Section 33.090 to read as follows: Sec. 33.090. COST REDUCTIONS IN EXTRACURRICULAR ACTIVITIES. (a) The University Interscholastic League shall establish rules and policies to achieve annual savings of at least 20 percent in costs expended by school districts for University Interscholastic League athletic programs. The University Interscholastic League shall implement these rules and policies no later than the start of the 2012-2013 school year and shall continue the rules and policies throughout at least the 2016-2017 school year. The rules and policies proposed under this section shall be approved by the commissioner prior to implementation by the University Interscholastic League. (b) In approving the rules and policies proposed by the University Interscholastic League under this section, the commissioner shall ensure that the proposed rules and policies will achieve the annual cost savings under Subsection (a) and will distribute cost savings proportionally under Subsection (d). (c) To the extent practicable, the rules and policies implemented under this section shall distribute cost savings proportionally to the cost of each sport. (d) The rules and policies implemented under this section shall not be changed before 2016-2017 unless replaced with similar cost saving measures approved by the commissioner. SECTION 2. This Act takes effect October 1, 2011.
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Relating to reducing costs in public school extracurricular activities.
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Relating to the creation of the offense of employing or contracting with an unauthorized alien.
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AN ACT relating to the creation of the offense of employing or contracting with an unauthorized alien. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Title 8, Penal Code, is amended to read as follows: TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION AND THE ADMINISTRATION OF CERTAIN LAWS SECTION 2. Title 8, Penal Code, is amended by adding Chapter 40 to read as follows: CHAPTER 40. CERTAIN EMPLOYMENT OR CONTRACTS PROHIBITED UNDER FEDERAL LAW Sec. 40.01. DEFINITION. In this chapter, "unauthorized alien" has the meaning assigned by 8 U.S.C. Section 1324a(h)(3). Sec. 40.02. EMPLOYING OR CONTRACTING WITH UNAUTHORIZED ALIEN. (a) A person commits an offense if the person intentionally, knowingly, or recklessly employs an unauthorized alien or contracts for the performance of labor or other work with an unauthorized alien. (b) An offense under this section is a state jail felony. Sec. 40.03. AFFIRMATIVE DEFENSE. It is an affirmative defense to prosecution under Section 40.02 that the actor attempted to verify the unauthorized alien's immigration status or work authorization in a manner that is more likely than not to produce a correct and reliable result concerning an individual's immigration status or work authorization and had no knowledge of the unauthorized alien's actual immigration status or work authorization. SECTION 3. This Act takes effect November 1, 2011.
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Relating to the creation of the offense of employing or contracting with an unauthorized alien.
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Relating to the creation of the offense of criminal trespass by an illegal alien and to certain procedures for arresting illegal aliens for committing that criminal offense.
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AN ACT relating to the creation of the offense of criminal trespass by an illegal alien and to certain procedures for arresting illegal aliens for committing that criminal offense. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 30, Penal Code, is amended by adding Section 30.055 to read as follows: Sec. 30.055. CRIMINAL TRESPASS BY ILLEGAL ALIEN. (a) A person commits an offense if the person: (1) is a citizen of any country other than the United States; and (2) enters or remains on or in any public or private property in this state in violation of 8 U.S.C. Section 1325 or 1326. (b) An offense under this section is a Class Bmisdemeanor. SECTION 2. Article 14.03, Code of Criminal Procedure, is amended by adding Subsection (h) to read as follows: (h) A peace officer may arrest, without a warrant, a person who the officer has probable cause to believe has committed an offense under Section 30.055, Penal Code, if the peace officer: (1) at the time of arrest, is acting on a reasonable suspicion that the person is committing or has committed another offense for which the peace officer, under the circumstances described by this article, may arrest the person without a warrant; and (2) before making the arrest, seeks and receives confirmation from the United States Immigration and Customs Enforcement component of the United States Department of Homeland Security that the person is an alien who is present in the United States in violation of 8 U.S.C. Section 1325 or 1326. SECTION 3. This Act takes effect November 1, 2011.
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Relating to the creation of the offense of criminal trespass by an illegal alien and to certain procedures for arresting illegal aliens for committing that criminal offense.
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Relating to a county mental health services Medicaid waiver program.
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AN ACT relating to a county mental health services Medicaid waiver program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.0226 to read as follows: Sec. 531.0226. COUNTY MENTAL HEALTH 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 counties in the state with the flexibility to provide benefits under the Medicaid program to individuals who: (1) have a net family income that is at or below 200 percent of the federal poverty level; and (2) are eligible to receive mental health services through the county. (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. SECTION 2. This Act takes effect on the 91st day after the last day of the legislative session.
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Relating to a county mental health services Medicaid waiver program.
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Relating to the offense of coercing a person to have or seek an abortion and informed and voluntary consent for an abortion; providing penalties.
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AN ACT relating to the offense of coercing a person to have or seek an abortion and informed and voluntary consent for an abortion; providing penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Subchapter B, Chapter 171, Health and Safety Code, is amended to read as follows: SUBCHAPTER B. VOLUNTARY AND INFORMED CONSENT SECTION 2. Section 171.018, Health and Safety Code, is amended to read as follows: Sec. 171.018. OFFENSE. A physician who intentionally performs an abortion on a woman in violation of Section 171.011 [this subchapter] commits an offense. An offense under this section is a misdemeanor punishable by a fine not to exceed $10,000. In this section, "intentionally" has the meaning assigned by Section 6.03(a), Penal Code. SECTION 3. Subchapter B, Chapter 171, Health and Safety Code, is amended by adding Sections 171.019, 171.020, 171.021, 171.022, and 171.023 to read as follows: Sec. 171.019. PREVENTION OF COERCED ABORTIONS. (a) Before any anaesthesia or sedative is given to a woman prior to the performance of an abortion, a physician shall: (1) verbally inform the woman on whom the abortion is to be performed that a person cannot coerce or force her to have or seek an abortion and that the physician cannot perform the abortion unless the woman provides her voluntary and informed consent; and (2) provide the woman on whom the abortion is to be performed with the coerced abortion form described by Section 171.021: (A) in both English and Spanish; and (B) in a language other than English or Spanish, if applicable, under Section 171.021(c). (b) A physician may not perform an abortion on a woman unless, before the abortion, the woman certifies on the coerced abortion form described by Section 171.021 that she received from the physician the information and materials required by Subsection (a). (c) If the woman indicates on the coerced abortion form or communicates to the physician that she is being coerced or forced to have or seek an abortion or the physician is otherwise made aware that the woman has indicated that she is being coerced or forced to have or seek an abortion, the physician: (1) shall report an offense under Section 25.12, Penal Code, to local law enforcement; (2) shall provide the referral required by Section 171.020(2); (3) shall provide the woman with access to a telephone in a private room; and (4) may not perform the abortion until: (A) 48 hours have elapsed: (i) since the woman last communicated to the physician, through the form or otherwise, that the woman was being coerced or forced to have or seek an abortion; or (ii) to the best of the physician's knowledge, since the woman last communicated to an agent of the physician that the woman was being coerced or forced to have or seek an abortion; and (B) the woman provides her voluntary and informed consent that the woman states is not a result of coercion. (d) A person who is a volunteer for or an employee of a physician or an office or facility at which abortions are performed shall immediately notify the physician who is to perform an abortion on a woman if the woman communicates to the person that the woman is being coerced or forced to have or seek an abortion. Sec. 171.020. REFERRAL TO DOMESTIC VIOLENCE ASSISTANCE. The department shall require each physician who performs an abortion to: (1) maintain a list of domestic violence shelters and assistance programs that do not: (A) provide abortions or abortion-related services; (B) make referrals to abortion providers; or (C) affiliate or contract with entities that: (i) provide abortions or abortion-related services; or (ii) make referrals to abortion providers; and (2) provide a referral to a domestic violence shelter or assistance program that does not provide or refer for abortions if the woman seeking an abortion communicates to the facility, the physician, or an agent of the physician who is performing the abortion that the woman is being abused or is being coerced or forced to have or seek the abortion. Sec. 171.021. CONTENTS OF FORM. (a) The department shall develop a coerced abortion form to be completed by each woman on whom an abortion is performed in this state. The form must include: (1) the following title centered on the page in boldfaced capital letters in 26-point font or larger: "NOTICE"; (2) the following statement printed in 16-point font or larger: "It is against the law for a person, regardless of that person's relationship to you, to coerce or force you to have or seek an abortion. By law, a physician cannot perform an abortion, including inducing, prescribing for, or otherwise providing the means for an abortion, unless you give your voluntary and informed consent without coercion or force. It is against the law for a physician to perform an abortion against your will. You have the right to a telephone in a private room to contact any local or state law enforcement agency to receive protection from any actual or threatened physical abuse or violence."; (3) the following statements printed in 14-point font or larger followed by spaces for the woman to initial: (A) "I understand that I have the right to access a telephone in a private room to contact a local or state law enforcement agency to receive protection from any actual or threatened physical abuse or violence."; (B) "I have been informed in person that no one can coerce or force me to have or seek an abortion and that an abortion cannot be provided to me unless I provide my freely given, voluntary, and informed consent."; and (C) "I have read the above notice and understand that I have legal protection against being coerced or forced to have or seek an abortion."; (4) spaces for the signature of the woman on whom an abortion is to be performed and the date the form was completed; and (5) spaces for the license number, area of specialty, and signature of the physician who performed the abortion. (b) The department shall provide the form required by Subsection (a) in both English and Spanish. (c) If the department determines that a substantial number of residents in this state speak a primary language other than English or Spanish, the department shall provide the form required by Subsection (a) in that language. The department shall instruct a facility that provides abortions to provide the coerced abortion form in a language other than English or Spanish if the department determines that a substantial number of residents in the area speak a primary language other than English or Spanish. Sec. 171.022. PROVISION AND RETENTION OF COERCED ABORTION FORM. (a) The department shall provide a copy of this section and Sections 171.019-171.021 and the coerced abortion form required by Section 171.019 to: (1) a physician who becomes newly licensed to practice in this state, not later than the 30th day after the date the physician receives the license; and (2) all physicians licensed to practice in this state, not later than December 1 of each year. (b) A copy of the coerced abortion form certified by the woman shall be placed in the woman's medical file and kept until at least the seventh anniversary of the date on which the form was signed or, if the woman is a minor, at least until the date the woman reaches 20 years of age, whichever is later. (c) The woman on whom an abortion is performed shall be given a copy of the completed coerced abortion form in person before the woman leaves the facility where the abortion is performed. Sec. 171.023. SIGN POSTING. (a) An office or facility at which abortions are performed shall post the following sign: "NOTICE: It is against the law for a person, regardless of that person's relationship to you, to coerce or force you to have or seek an abortion. By law, a physician cannot perform an abortion, including inducing, prescribing for, or otherwise providing the means for an abortion, unless you give your voluntary and informed consent without coercion or force. It is against the law for a physician to perform an abortion against your will. You have the right to a telephone in a private room to contact any local or state law enforcement agency to receive protection from any actual or threatened physical abuse or violence.". (b) The sign described by Subsection (a) must be: (1) printed with lettering that is legible and in at least two-inch boldfaced type; and (2) printed and posted in both English and Spanish, as well as any language other than English or Spanish if it is likely that a substantial number of the residents in the area speak a language other than English or Spanish as their familiar language. (c) An office or facility at which abortions are performed shall conspicuously post the sign described by Subsection (a) in each patient waiting room and each patient consultation room regularly used by patients seeking abortions. (d) If requested by a patient, the office or facility shall provide the patient: (1) a paper copy of the sign described by Subsection (a) in the language preferred by the patient; and (2) access to a telephone in a private room. SECTION 4. Chapter 6, Code of Criminal Procedure, is amended by adding Article 6.10 to read as follows: Art. 6.10. REPORTS OF COERCION OF ABORTION. A peace officer who receives a report of or other information indicating the commission or attempted commission of an alleged offense under Section 25.12, Penal Code, shall file a police report as necessary to ensure that law enforcement may investigate the alleged offense. SECTION 5. Chapter 25, Penal Code, is amended by adding Section 25.12 to read as follows: Sec. 25.12. COERCION OF ABORTION. (a) A person commits an offense if the person uses coercion to induce a pregnant woman to have or seek an abortion. (b) An offense under this section is a Class Bmisdemeanor. (c) A person who in good faith reports to law enforcement authorities a suspected offense under Subsection (a) is immune from civil liability in an action brought against the person for reporting the suspected offense. SECTION 6. (a) Not later than December 1, 2011, the Department of State Health Services shall develop and make available the form required by Subchapter B, Chapter 171, Health and Safety Code, as amended by this Act, along with instructions for completing the form. (b) Not later than December 1, 2011, the Department of State Health Services shall develop and make available the sign required by Section 171.023, Health and Safety Code, as added by this Act. (c) Not later than January 1, 2012, the Department of State Health Services shall distribute forms as required by Section 171.022(a), Health and Safety Code, as added by this Act. SECTION 7. This Act takes effect on the 91st day after the last day of the legislative session.
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Relating to the offense of coercing a person to have or seek an abortion and informed and voluntary consent for an abortion; providing penalties.
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Relating to the right to a hearing before an independent hearing examiner of a public school teacher suspended without pay.
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AN ACT relating to the right to a hearing before an independent hearing examiner of a public school teacher suspended without pay. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 21.251(a), Education Code, is amended to read as follows: (a) This subchapter applies if a teacher requests a hearing after receiving notice of the proposed decision to: (1) terminate the teacher's continuing contract at any time; (2) terminate the teacher's probationary or term contract before the end of the contract period; or (3) suspend the teacher without pay for more than five days within a period of one year.SECTION 2. The change in law made by this Act applies only to a proposed suspension without pay regarding which the board of trustees notifies a teacher on or after the effective date of this Act. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to the right to a hearing before an independent hearing examiner of a public school teacher suspended without pay.
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Relating to election through secret ballot of a labor union as the exclusive bargaining representative.
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AN ACT relating to election through secret ballot of a labor union as the exclusive bargaining representative. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter C, Chapter 101, Labor Code, is amended by adding Section 101.1035 to read as follows: Sec. 101.1035. EXCLUSIVE BARGAINING REPRESENTATIVE; METHOD OF ELECTION. (a) In this section, "exclusive bargaining representative" means a labor union selected as the representative of the employees in an appropriate collective bargaining unit to represent the employees in their employment relations with employers. (b) An exclusive bargaining representative must be elected by secret ballot and by majority vote of the employees present and participating. SECTION 2. This Act does not affect a collective bargaining agreement under Chapter 174, Local Government Code, or a meet and confer agreement under Chapter 143, Local Government Code, that was entered into before the effective date of this Act. SECTION 3. This Act takes effect on the 91st day after the last day of the legislative session.
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Relating to election through secret ballot of a labor union as the exclusive bargaining representative.
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Relating to prosecution and punishment for the offense of official oppression by the intrusive touching of persons seeking access to public buildings and transportation; providing penalties.
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AN ACT relating to prosecution and punishment for the offense of official oppression by the intrusive touching of persons seeking access to public buildings and transportation; providing penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 39.03, Penal Code, is amended by amending Subsections (a) and (b) and adding Subsections (c-1), (c-2), and (c-3) to read as follows: (a) A person who is a public servant [acting under color of his office or employment] commits an offense if the person: (1) while acting under color of the person's office or employment [he]:(A) [(1)] intentionally subjects another person to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that the actor [he] knows is unlawful; (B) [(2)] intentionally denies or impedes another person in the exercise or enjoyment of any right, privilege, power, or immunity, knowing the actor's [his] conduct is unlawful; or (C) [(3)] intentionally subjects another person to sexual harassment;or (2) while acting under color of the person's office or employment without probable cause to believe the other person committed an offense: (A) performs a search without effective consent for the purpose of granting access to a publicly accessible building or form of transportation; and (B) intentionally, knowingly, or recklessly: (i) touches the anus, sexual organ, buttocks, or breast of the other person, including touching through clothing; or (ii) causes physical contact with the other person when the actor knows or should reasonably believe that the other person will regard the contact as offensive or provocative.(b) For purposes of this section, a person who is a public servant acts under color of the person's [his] office or employment if the person [he] acts or purports to act in an official capacity or takes advantage of such actual or purported capacity. (c-1) For purposes of Subsection (a)(2), "public servant" includes: (1) an officer, employee, or agent of: (A) the United States; (B) a branch, department, or agency of the United States; or (C) another person acting under contract with a branch, department, or agency of the United States for the purpose of providing a security or law enforcement service; and (2) any other person acting under color of federal law. (c-2) For a person described by Subsection (c-1)(1) or (2), it is a defense to prosecution for an offense under Subsection (a)(2) that the actor performed the search pursuant to and consistent with an explicit and applicable grant of federal statutory authority that is consistent with the United States Constitution. (c-3) For purposes of Subsection (a)(2), and notwithstanding Sections 1.07(a)(11) and (19), consent is effective only if, immediately before any search: (1) the actor verbally describes: (A) the area of the other person to be searched; and (B) the method to be used in the search; and (2) the actor receives express consent for the search only from: (A) the other person; or (B) the parent or guardian of the other person. SECTION 2. (a) This section applies only to a prosecution of an offense under Section 39.03(a)(2), Penal Code, as added by this Act, in which the defendant was, at the time of the alleged offense, acting under the color of federal law. (b) In a prosecution described by Subsection (a) of this section, if the government of the United States, the defendant, or the defendant's employer challenges the validity of Section 39.03(a)(2), Penal Code, as added by this Act, on grounds of unconstitutionality, preemption, or sovereign immunity, the attorney general of this state, with the consent of the appropriate local county or district attorney, shall take any actions necessary on behalf of the state to defend the validity of the statute. The attorney general may make any legal arguments the attorney general considers appropriate, including that this Act constitutes a valid exercise of: (1) the state's police powers; (2) the liberty interests of the people that are secured by the United States Constitution; (3) the powers reserved to the states by the Tenth Amendment to the United States Constitution; or (4) the rights and protections secured by the Texas Constitution. SECTION 3. This Act shall be construed, as a matter of state law, to be enforceable up to but no further than the maximum possible extent consistent with federal constitutional requirements, even if that construction is not readily apparent, as such constructions are authorized only to the extent necessary to save the statute from judicial invalidation. SECTION 4. This Act takes effect on the 91st day after the last day of the legislative session.
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Relating to prosecution and punishment for the offense of official oppression by the intrusive touching of persons seeking access to public buildings and transportation; providing penalties.
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Relating to a pilot project to establish a comprehensive access point for long-term services and supports provided to older persons and persons with physical disabilities.
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AN ACT relating to a pilot project to establish a comprehensive access point for long-term services and supports provided to older persons and persons with physical disabilities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.0525 to read as follows: Sec. 531.0525. PILOT PROJECT TO ESTABLISH COMPREHENSIVE ACCESS POINT FOR LONG-TERM SERVICES AND SUPPORTS. (a) In this section: (1) "Aging and disability resource center" means a center established under the Aging and Disability Resource Center initiative funded in part by the federal Administration on Aging and the Centers for Medicare and Medicaid Services. (2) "Colocated long-term services and supports staff members" means: (A) long-term services and supports staff members who are located in the same physical office; or (B) long-term services and supports staff members who are not located in the same physical office but who work collaboratively through the use of the telephone or other technologies. (3) "Department of Aging and Disability Services staff members" includes community services staff members of the Department of Aging and Disability Services. (4) "Long-term services and supports" means long-term assistance or care provided to older persons and persons with physical disabilities through the Medicaid program or other programs. The term includes assistance or care provided through the following programs: (A) the primary home care program; (B) the community attendant services program; (C) the community-based alternatives program; (D) the day activity and health services program; (E) the promoting independence program; (F) a program funded through the Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.); (G) a community care program funded through Title XX of the federal Social Security Act (42 U.S.C. Section 301 et seq.); (H) the in-home and family support program; and (I) a nursing facility program. (5) "Long-term services and supports staff" means: (A) one or more of the commission's Medicaid eligibility determination staff members; (B) one or more Department of Aging and Disability Services staff members; and (C) one or more area agency on aging staff members. (6) "Pilot project site" means a location in an area served by the pilot project established under this section where colocated long-term services and supports staff members work collaboratively to provide information and tentatively assess functional and financial eligibility to initiate long-term services and supports. (7) "Tentative assessment of functional and financial eligibility" means an expedited preliminary screening of an applicant to determine Medicaid eligibility with the goal of initiating services within seven business days. The tentative assessment does not guarantee state payment for services. (b) Subject to availability of funds appropriated by the legislature for this purpose, the commission shall develop and implement a pilot project to establish a comprehensive access point system for long-term services and supports in which colocated long-term services and supports staff members work in collaboration to provide all necessary services in connection with long-term services and supports from the intake process to the start of service delivery. The pilot project must require that, at a minimum, the staff members work collaboratively to: (1) inform and educate older persons, persons with physical disabilities, and their family members and other caregivers about long-term services and supports for which they may qualify; (2) screen older persons and persons with physical disabilities requesting long-term services and supports; (3) provide a tentative assessment of functional and financial eligibility for older persons and persons with physical disabilities requesting long-term services and supports for which there are no interest lists; and (4) make final determinations of eligibility for long-term services and supports. (c) In developing and implementing the pilot project, the commission shall ensure that: (1) the pilot project site has colocated long-term services and supports staff members who are located in the same physical office; (2) the pilot project site serves as a comprehensive access point for older persons and persons with physical disabilities to obtain information about long-term services and supports for which they may qualify and access long-term services and supports in the site's service area; (3) the pilot project site is designed and operated in accordance with best practices adopted by the executive commissioner after the commission reviews best practices for similar initiatives in other states and professional policy-based research describing best practices for successful initiatives; (4) the colocated long-term services and supports staff members supporting the pilot project site include: (A) one full-time commission staff member who determines eligibility for the Medicaid program and who: (i) has full access to the Texas Integrated Eligibility Redesign System (TIERS); (ii) has previously made Medicaid long-term care eligibility determinations; and (iii) is dedicated primarily to making eligibility determinations for incoming clients at the site; (B) sufficient Department of Aging and Disability Services staff members to carry out the tentative functional and financial eligibility and screening functions at the site; (C) sufficient area agency on aging staff members to: (i) assist with the performance of screening functions and service coordination for services funded under the Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.), such as meals programs; and (ii) identify other locally funded and supported services that will enable older persons and persons with physical disabilities to continue to reside in the community to the extent reasonable; and (D) any available staff members from local service agencies; and (5) the colocated long-term services and supports staff members of the pilot project site: (A) process intakes for long-term services and supports in person or by telephone or through the Internet; (B) use a standardized screening tool to tentatively assess both functional and financial eligibility with the goal of initiating services within seven business days; (C) closely coordinate with local hospital discharge planners and staff members of extended rehabilitation units of local hospitals and nursing homes; and (D) inform persons about community-based services available in the area served by the pilot project. (d) The pilot project must be implemented in a single county or a multicounty area, as determined by the commission. The pilot project site must be located within an aging and disability resource center service area. If the commission finds that there is no aging and disability resource center that is willing or able to accommodate a pilot project site on the date the pilot project is to be implemented, the pilot project site may be located at another appropriate location. (e) Not later than January 31, 2013, the commission shall submit a report concerning the pilot project to the presiding officers of the standing committees of the senate and house of representatives having primary jurisdiction over health and human services. The report must: (1) contain an evaluation of the operation of the pilot project; (2) contain an evaluation of the pilot project's benefits for persons who received services; (3) contain a calculation of the costs and cost savings that can be attributed to implementation of the pilot project; (4) include a recommendation regarding adopting improved policies and procedures concerning long-term services and supports with statewide applicability, as determined from information obtained in operating the pilot project; (5) include a recommendation regarding the feasibility of expanding the pilot project to other areas of this state or statewide; and (6) contain the perspectives of service providers participating in the pilot project. (f) This section expires September 1, 2015. SECTION 2. Not later than December 31, 2011, the Health and Human Services Commission shall ensure that the pilot project site is in operation under the pilot project required by Section 531.0525, Government Code, as added by this Act. SECTION 3. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to a pilot project to establish a comprehensive access point for long-term services and supports provided to older persons and persons with physical disabilities.
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Relating to the containment of costs incurred in the correctional health care system and to studies regarding delivery of health care services by certain nurses.
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AN ACT relating to the containment of costs incurred in the correctional health care system and to studies regarding delivery of health care services by certain nurses. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter C, Chapter 499, Government Code, is amended by adding Section 499.055 to read as follows: Sec. 499.055. POPULATION MANAGEMENT BASED ON INMATE HEALTH. The department shall adopt policies designed to manage inmate population based on similar health conditions suffered by inmates. The policies adopted under this section must maximize organizational efficiencies and reduce health care costs to the department by housing inmates with similar health conditions in the same unit or units that are, if possible, served by or located near one or more specialty health care providers most likely to be needed for the treatment of the health condition. SECTION 2. (a) Section 501.063, Government Code, is amended to read as follows: Sec. 501.063. INMATE FEE [COPAYMENTS] FOR [CERTAIN] HEALTH CARE [VISITS].(a) (1) An inmate confined in a facility operated by or under contract with the department, other than a halfway house, who initiates a visit to a health care provider shall pay a health care services fee [make a copayment] to the department in the amount of $100 [$3].(2) The fee imposed under Subdivision (1) covers all visits to a health care provider that the inmate initiates until the first anniversary of the imposition of the fee. (3) The inmate shall pay [make] the fee [copayment] out of the inmate's trust fund. If the balance in the fund is insufficient to cover the fee [copayment],50 percent of each deposit to the fund shall be applied toward the balance owed until the total amount owed is paid. (b) [The department may not charge a copayment for health care: [(1) provided in response to a life-threatening or emergency situation affecting the inmate's health; [(2) initiated by the department; [(3) initiated by the health care provider or consisting of routine follow-up, prenatal, or chronic care; or [(4) provided under a contractual obligation that is established under the Interstate Corrections Compact or under an agreement with another state that precludes assessing a copayment. [(c)] The department shall adopt policies to ensure that before any deductions are made from an inmate's trust fund under this section [an inmate initiates a visit to a health care provider],the inmate is informed that the health care services fee [a $3 copayment] will be deducted from the inmate's trust fund as required by Subsection (a). (c) [(d)] The department may not deny an inmate access to health care as a result of the inmate's failure or inability to pay a fee under this section [make a copayment].(d) [(e)] The department shall deposit money received under this section in an account in the general revenue fund that may be used only to pay the cost of correctional health care [administering this section].At the beginning of each fiscal year, the comptroller shall transfer any surplus from the preceding fiscal year to the state treasury to the credit of the general revenue fund. (b) Effective September 1, 2015, Section 501.063, Government Code, is amended to read as follows: Sec. 501.063. INMATE COPAYMENTS FOR CERTAIN HEALTH CARE VISITS. (a) An inmate confined in a facility operated by or under contract with the department, other than a halfway house, who initiates a visit to a health care provider shall make a copayment to the department in the amount of $3. The inmate shall make the copayment out of the inmate's trust fund. If the balance in the fund is insufficient to cover the copayment, 50 percent of each deposit to the fund shall be applied toward the balance owed until the total amount owed is paid. (b) The department may not charge a copayment for health care: (1) provided in response to a life-threatening or emergency situation affecting the inmate's health; (2) initiated by the department; (3) initiated by the health care provider or consisting of routine follow-up, prenatal, or chronic care; or (4) provided under a contractual obligation that is established under the Interstate Corrections Compact or under an agreement with another state that precludes assessing a copayment. (c) The department shall adopt policies to ensure that before an inmate initiates a visit to a health care provider, the inmate is informed that a $3 copayment will be deducted from the inmate's trust fund as required by Subsection (a). (d) The department may not deny an inmate access to health care as a result of the inmate's failure or inability to make a copayment. (e) The department shall deposit money received under this section in an account in the general revenue fund that may be used only to pay the cost of administering this section. At the beginning of each fiscal year, the comptroller shall transfer any surplus from the preceding fiscal year to the state treasury to the credit of the general revenue fund. SECTION 3. Subchapter B, Chapter 501, Government Code, is amended by adding Section 501.067 to read as follows: Sec. 501.067. AVAILABILITY OF CERTAIN MEDICATION. (a) In this section, "over-the-counter medication" means medication that may legally be sold and purchased without a prescription. (b) The department shall make over-the-counter medication available for purchase by inmates in each inmate commissary operated by or under contract with the department. (c) The department may not deny an inmate access to over-the-counter medications as a result of the inmate's inability to pay for the medication. The department shall pay for the cost of over-the-counter medication for inmates who are unable to pay for the medication out of the profits of inmate commissaries operated by or under contract with the department. (d) The department may adopt policies concerning the sale and purchase of over-the-counter medication under this section as necessary to ensure the safety and security of inmates in the custody of, and employees of, the department, including policies concerning the quantities and types of over-the-counter medication that may be sold and purchased under this section. SECTION 4. Section 501.147(d), Government Code, is amended to read as follows: (d) Notwithstanding Subsection (c) or any other provision of this subchapter [For services that the public medical schools and their components and affiliates cannot provide],the department may [committee shall] initiate a competitive bidding process for contracts [with other providers] for medical care to persons confined by the department. SECTION 5. Subchapter E, Chapter 501, Government Code, is amended by adding Section 501.1485 to read as follows: Sec. 501.1485. CORRECTIONS MEDICATION AIDES. (a) The department, in cooperation with The University of Texas Medical Branch at Galveston and the Texas Tech University Health Sciences Center, shall develop and implement a training program for corrections medication aides that uses a curriculum specific to administering medication in a correctional setting. (b) In developing the curriculum for the training program, the department, The University of Texas Medical Branch at Galveston, and the Texas Tech University Health Sciences Center shall: (1) consider the content of the curriculum developed by the American Correctional Association for certified corrections nurses; and (2) modify as appropriate the content of the curriculum developed under Chapter 242, Health and Safety Code, for medication aides administering medication in convalescent and nursing homes and related institutions to produce content suitable for administering medication in a correctional setting. (c) The department shall submit an application for the approval of a training program developed under this section, including the curriculum, to the Department of Aging and Disability Services in the manner established by the executive commissioner of the Health and Human Services Commission under Section 161.083, Human Resources Code. SECTION 6. Section 251.012, Health and Safety Code, is amended to read as follows: Sec. 251.012. EXEMPTIONS FROM LICENSING REQUIREMENT. The following facilities are not required to be licensed under this chapter: (1) a home and community support services agency licensed under Chapter 142 with a home dialysis designation; (2) a hospital licensed under Chapter 241 that provides dialysis only to individuals receiving:(A) [individuals receiving] inpatient services from the hospital; or (B) [individuals receiving] outpatient services due to a disaster declared by the governor or a federal disaster declared by the president of the United States occurring in this state or another state during the term of the disaster declaration; [or] (3) a hospital operated by or on behalf of the state as part of the managed health care provider network established under Chapter 501, Government Code, that provides dialysis only to individuals receiving: (A) inpatient services from the hospital; or (B) outpatient services while serving a term of confinement in a facility operated by or under contract with the Texas Department of Criminal Justice; (4) an end stage renal disease facility operated by or on behalf of the state as part of the managed health care provider network established under Chapter 501, Government Code, that provides dialysis only to individuals receiving those services while serving a term of confinement in a facility operated by or under contract with the Texas Department of Criminal Justice; or (5) the office of a physician unless the office is used primarily as an end stage renal disease facility. SECTION 7. Subchapter D, Chapter 161, Human Resources Code, is amended by adding Section 161.083 to read as follows: Sec. 161.083. CORRECTIONS MEDICATION AIDES. (a) The executive commissioner shall establish: (1) minimum standards and procedures for the approval of corrections medication aide training programs, including curricula, developed under Section 501.1485, Government Code; (2) minimum requirements for the issuance, denial, renewal, suspension, and revocation of a permit to a corrections medication aide, including the payment of an application or renewal fee in an amount necessary to cover the costs incurred by the department in administering this section; and (3) the acts and practices that are within and outside the scope of a permit issued under this section. (b) Not later than the 90th day after receipt of an application for approval of a corrections medication aide training program developed under Section 501.1485, Government Code, the department shall: (1) approve the program, if the program meets the minimum standards and procedures established under Subsection (a)(1); or (2) provide notice to the Texas Department of Criminal Justice that the program is not approved and include in the notice a description of the actions that are required for the program to be approved. (c) The department shall issue a permit to or renew the permit of an applicant who meets the minimum requirements established under Subsection (a)(2). The department shall coordinate with the Texas Department of Criminal Justice in the performance of the department's duties and functions under this subsection. SECTION 8. INTERIM STUDY OF INDEPENDENT PRESCRIPTIVE AUTHORITY FOR ADVANCED PRACTICE REGISTERED NURSES. (a) The speaker of the house and the lieutenant governor shall create and appoint a joint interim committee composed of a combination of legislators, state officials and citizen members to conduct a joint study as described by Subsection (b). (b) The study shall examine the independent authority of advanced practice registered nurses to diagnose and prescribe drugs and medical devices within the scope of the health care providers' practice and license, including the impact on inmate health in Texas Department of Criminal Justice facilities, including any the potential cost savings and other foreseeable consequences of expanding the authority in the Nursing Practice Act of advanced practice registered nurses in Texas Department of Criminal Justice facilities to prescribe medication to patients without statutory requirements for physician delegation or collaboration. (c) Not later than January 1, 2013, the committees shall report the committees' finding and recommendations to the lieutenant governor, the speaker of the house of representatives, and the governor. The committees shall include in their recommendations specific changes to statutes and agency rules that may be necessary according to the results of the committees' study conducted under this section. (d) Not later than November 1, 2011, the lieutenant governor and the speaker of the house of representatives shall issue the joint interim charge required by this section. (e) This section expires January 1, 2013. SECTION 9. (a) The Institute for Health Policy at the School of Public Health at The University of Texas Health Science Center at Houston shall study, with respect to patients who receive health care services from an advanced practice nurse, as that term is defined in Section 301.152, Occupations Code, patient safety and outcomes, including quality of care, health care costs, access to health care, and any other measures determined by the institute. (b) Not later than October 15, 2012, the Institute for Health Policy shall report its findings to the governor, the lieutenant governor, the speaker of the house of representatives, the Senate Health and Human Services Committee or its successor, and the House Public Health Committee or its successor and the joint interim committee created and appointed to study independent prescriptive authority for advanced practice registered nurses. (c) This section expires September 1, 2013. SECTION 10. (a) The change in law made by this Act to Section 501.147(d), Government Code, does not affect a contract executed before the effective date of this Act. Such a contract is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose. (b) The amendment of Section 501.147(d), Government Code, by this Act prevails over any conflicting amendment of that section by S.B. No. 1 of the 82nd Legislature, 1st Called Session, 2011, regardless of the relative dates of enactment. SECTION 11. (a) The Texas Department of Criminal Justice, in cooperation with The University of Texas Medical Branch at Galveston, the Texas Tech University Health Sciences Center, or a successor correctional managed health care provider, shall develop the training program required by Section 501.1485, Government Code, as added by this Act, and the department shall submit an application for approval of that program, as required by Subsection (c) of that section, not later than January 1, 2012. If after the effective date of this Act and before the date the department develops the training program described by this subsection The University of Texas Medical Branch at Galveston and the Texas Tech University Health Sciences Center are no longer represented on the Correctional Managed Health Care Committee, or no longer serve as correctional managed health care providers, the executive director of the department shall request and receive the cooperation of any other state agency determined by the executive director to be an appropriate resource in the development of the program. (b) The change in law made by this Act in amending Section 251.012, Health and Safety Code, applies only to dialysis services provided on or after the effective date of this Act. Dialysis services provided before the effective date of this Act are covered by the law in effect immediately before that date, and the former law is continued in effect for that purpose. (c) The executive commissioner of the Health and Human Services Commission shall establish the minimum standards and requirements and the acts and practices allowed or prohibited, as required by Section 161.083, Human Resources Code, as added by this Act, not later than January 1, 2012. SECTION 12. This Act takes effect on the 91st day after the last day of the legislative session.
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Relating to the containment of costs incurred in the correctional health care system and to studies regarding delivery of health care services by certain nurses.
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Relating to increasing fiscal flexibility through the provision of state aid for certain juvenile justice alternative education programs that enter into certain revenue sharing agreements.
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AN ACT relating to increasing fiscal flexibility through the provision of state aid for certain juvenile justice alternative education programs that enter into certain revenue sharing agreements. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. (a) This section applies only to a juvenile justice alternative education program that, for the 2005-2006 school year, received funding as a result of an agreement between school districts under Subchapter E, Chapter 41, Education Code. (b) A juvenile justice alternative education program is entitled to state aid under this section in an amount equal to: (1) for the 2011-2012 school year, the difference between: (A) the funding the program received as a result of all agreements between school districts under Subchapter E, Chapter 41, Education Code, for the 2005-2006 school year; and (B) the funding the program receives as a result of all agreements between school districts under Subchapter E, Chapter 41, Education Code, for the 2011-2012 school year; and (2) for the 2012-2013 school year, the difference between: (A) the funding the program received as a result of all agreements between school districts under Subchapter E, Chapter 41, Education Code, for the 2005-2006 school year; and (B) the funding the program receives as a result of all agreements between school districts under Subchapter E, Chapter 41, Education Code, for the 2012-2013 school year. (c) The commissioner of education shall: (1) determine the amount of state aid to which a juvenile justice alternative education program is entitled under this section; and (2) distribute the aid in 10 equal monthly installments: (A) for the 2011-2012 school year, beginning with September 2011 and ending with June 2012; and (B) for the 2012-2013 school year, beginning with September 2012 and ending with June 2013. (d) To fund a distribution authorized under Subsection (c)(2), the commissioner of education may reallocate money in the Texas Education Agency's budget, to the extent otherwise authorized by law, or use other available funds. (e) The commissioner of education shall adopt rules to implement this section. (f) A determination of the commissioner of education under this section is final and may not be appealed. SECTION 2. This Act takes effect on the 91st day after the last day of the legislative session.
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Relating to increasing fiscal flexibility through the provision of state aid for certain juvenile justice alternative education programs that enter into certain revenue sharing agreements.
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Relating to state control of teacher appraisal criteria, curriculum standards, and assessment instruments.
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AN ACT relating to state control of teacher appraisal criteria, curriculum standards, and assessment instruments. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 21.351(a), Education Code, is amended to read as follows: (a) The commissioner shall adopt a recommended appraisal process and criteria on which to appraise the performance of teachers. The commissioner may not adopt or develop a recommended appraisal process and criteria based on any federally enacted or nationally applicable appraisal criteria incorporating the results of student performance on assessment instruments. The criteria must be based on observable, job-related behavior, including: (1) teachers' implementation of discipline management procedures; and (2) the performance of teachers' students. SECTION 2. Section 28.002, Education Code, is amended by adding Subsections (b-1), (b-2), (b-3), and (b-4) to read as follows: (b-1) In this section, "national curriculum standards" includes any curriculum standards endorsed, approved, sanctioned, or promoted by the United States Department of Education, the National Governors Association, or the Council of Chief State School Officers. (b-2) The State Board of Education may not adopt national curriculum standards to comply with a duty imposed under this chapter. (b-3) A school district may not use national curriculum standards to comply with the requirement to provide instruction in the essential knowledge and skills at appropriate grade levels under Subsection (c). (b-4) Notwithstanding any other provision of this code, a school district or open-enrollment charter school may not be required to offer any aspect of a national curriculum. SECTION 3. Section 39.023, Education Code, is amended by adding Subsection (a-3) to read as follows: (a-3) The agency may not adopt or develop a criterion-referenced assessment instrument under this section based on national curriculum standards as defined by Section 28.002(b-1). SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to state control of teacher appraisal criteria, curriculum standards, and assessment instruments.
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Relating to the entitlement of school districts and open-enrollment charter schools to a certain funding level and to the appropriation of money from the economic stabilization fund to be used for public education.
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AN ACT relating to the entitlement of school districts and open-enrollment charter schools to a certain funding level and to the appropriation of money from the economic stabilization fund to be used for public education. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. This Act shall be known as the Save Our Schools Act. SECTION 2. Subchapter E, Chapter 42, Education Code, is amended by adding Section 42.2532 to read as follows: Sec. 42.2532. ENTITLEMENT TO FUNDING LEVELS PROVIDED DURING THE 2010-2011 SCHOOL YEAR. Notwithstanding any other provision of this chapter, each school district and open-enrollment charter school is entitled to receive at least the amount of state and local maintenance and operations funding per student in weighted average daily attendance that the district would be entitled to receive under this chapter as it existed on January 1, 2011. SECTION 3. In addition to amounts appropriated to the Texas Education Agency for the Foundation School Program by S.B. 2, Acts of the 82nd Legislature, 1st Called Session, 2011, or similar legislation, the amount necessary to provide school districts and open-enrollment charter schools with the full amount of funding to which they are entitled under Section 42.2532, Education Code, as added by this Act, for the state fiscal biennium beginning September 1, 2011, as determined by the commissioner of education in consultation with the Legislative Budget Board, is appropriated from the economic stabilization fund to the Texas Education Agency for the Foundation School Program under Chapter 42, Education Code. SECTION 4. To the extent of any conflict, this Act prevails over another Act of the 82nd Legislature, 1st Called Session, 2011, regardless of the relative dates of enactment. SECTION 5. This Act takes effect only if it receives a vote of two-thirds of the members present in each house of the legislature, as provided by Section 49-g(m), Article III, Texas Constitution.
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Relating to the entitlement of school districts and open-enrollment charter schools to a certain funding level and to the appropriation of money from the economic stabilization fund to be used for public education.
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Relating to the authority of school districts to suspend teachers without pay pending discharge.
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AN ACT relating to the authority of school districts to suspend teachers without pay pending discharge. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 21.104(b), Education Code, is amended to read as follows: (b) In lieu of discharge or pending discharge,a school district may suspend a teacher without pay for good cause as specified by Subsection (a) for a period not to extend beyond the end of the current school year. SECTION 2. Section 21.156(b), Education Code, is amended to read as follows: (b) In lieu of discharge or pending discharge,a school district may suspend a teacher without pay for good cause as specified by Subsection (a) for a period not to extend beyond the end of the current school year. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to the authority of school districts to suspend teachers without pay pending discharge.
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Relating to school district personnel.
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AN ACT relating to school district personnel. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Sections 12.133(b), (b-1), (c), and (d-1), Education Code, are amended to read as follows: (b) Each school year, using state funds received by the charter holder for that purpose under Subsection (d), a charter holder that participated in the program under Chapter 1579, Insurance Code, for the 2005-2006 school year shall provide employees of the charter holder, other than administrators, compensation in the form of annual salaries, incentives, or other compensation determined appropriate by the charter holder that results in an average compensation increase for classroom teachers, full-time librarians, full-time counselors, and full-time school nurses who are employed by the charter holder [and who would be entitled to a minimum salary under Section 21.402 if employed by a school district] in an amount at least equal to $2,500. (b-1) Using state funds received by the charter holder for that purpose under Subsection (d-1), a charter holder that participated in the program under Chapter 1579, Insurance Code, for the 2005-2006 school year shall provide employees of the charter holder, other than administrators, compensation in the form of annual salaries, incentives, or other compensation determined appropriate by the charter holder that results in average compensation increases as follows: (1) for full-time employees other than full-time classroom teachers, full-time librarians, full-time counselors, and full-time nurses [employees who would be entitled to a minimum salary under Section 21.402 if employed by a school district],an average increase at least equal to $500; and (2) for part-time employees, an average increase at least equal to $250. (c) Each school year, using state funds received by the charter holder for that purpose under Subsection (e), a charter holder that did not participate in the program under Chapter 1579, Insurance Code, for the 2005-2006 school year shall provide employees of the charter holder, other than administrators, compensation in the form of annual salaries, incentives, or other compensation determined appropriate by the charter holder that results in an average compensation increase for classroom teachers, full-time librarians, full-time counselors, and full-time school nurses who are employed by the charter holder [and who would be entitled to a minimum salary under Section 21.402 if employed by a school district] in an amount at least equal to $2,000. (d-1) In addition to any amounts to which a charter holder is entitled under this chapter, a charter holder that participated in the program under Chapter 1579, Insurance Code, for the 2005-2006 school year is entitled to state aid in an amount, as determined by the commissioner, equal to the sum of: (1) the product of $500 multiplied by the number of full-time employees other than full-time classroom teachers, full-time librarians, full-time counselors, and full-time nurses [employees who would be entitled to a minimum salary under Section 21.402 if employed by a school district];and (2) the product of $250 multiplied by the number of part-time employees. SECTION 2. Section 19.007(f), Education Code, is amended to read as follows: (f) In addition to other amounts received by the district under this section, the district is entitled to state aid in an amount equal to the product of $2,000 multiplied by the number of classroom teachers, full-time librarians, full-time counselors certified under Subchapter B, Chapter 21, and full-time school nurses who are employed by the district [and who would be entitled to a minimum salary under Section 21.402 if employed by a school district operating under Chapter 11].SECTION 3. Section 19.009(d-1), Education Code, is amended to read as follows: (d-1) Each school year, the district shall pay an amount at least equal to $2,000 to each classroom teacher, full-time librarian, full-time counselor certified under Subchapter B, Chapter 21, and full-time school nurse who is employed by the district [and who would be entitled to a minimum salary under Section 21.402 if employed by a school district operating under Chapter 11].A payment under this section is in addition to wages the district would otherwise pay the employee during the school year. SECTION 4. Section 21.0031(b), Education Code, is amended to read as follows: (b) After an employee receives notice that the employee's contract is void under Subsection (a),[: [(1)] a school district may: (1) [(A)] terminate the employee; (2) [(B)] suspend the employee with or without pay; or (3) [(C)] retain the employee for the remainder of the school year on an at-will employment basis in a position other than classroom teacher at the employee's existing rate of pay or at a reduced rate [; and [(2) the employee is not entitled to the minimum salary prescribed by Section 21.402].SECTION 5. Section 21.103(a), Education Code, is amended to read as follows: (a) The board of trustees of a school district may terminate the employment of a teacher employed under a probationary contract at the end of the contract period if in the board's judgment the best interests of the district will be served by terminating the employment. The board of trustees must give notice of its decision to terminate the employment to the teacher not later than the [45th] 15th day before the last day of instruction required under the contract. The notice must be delivered personally to the teacher or mailed by regular mail or prepaid certified mail or by an express delivery service to the teacher's address of record with the district. Notice that is mailed in accordance with this subsection is considered given at the time of mailing. The board's decision is final and may not be appealed. SECTION 6. Section 21.157, Education Code, is amended to read as follows: Sec. 21.157. NECESSARY REDUCTION OF PERSONNEL. A teacher employed under a continuing contract may be released at the end of a school year and the teacher's employment with the school district terminated at that time because of a necessary reduction of personnel by the school district [ with tho se reductions made in the reverse order of seniority in the specific teaching fields].SECTION 7. Section 21.206(a), Education Code, is amended to read as follows: (a) Not later than the [45th] 15th day before the last day of instruction in a school year, the board of trustees shall notify in writing each teacher whose contract is about to expire whether the board proposes to renew or not renew the contract. The notice must be delivered personally to the teacher or mailed by regular mail or prepaid certified mail or by an express delivery service to the teacher's address of record with the district. Notice that is mailed in accordance with this subsection is considered given at the time of mailing. SECTION 8. Section 21.401, Education Code, is amended by amending Subsection (b) and adding Subsection (e) to read as follows: (b) Except as provided by Subsection (e), an [An] educator employed under a 10-month contract must provide a minimum of 187 days of service. (c) The commissioner, as provided by Section 25.081(b), may reduce the number of days of service required by this section. A reduction by the commissioner does not reduce an educator's salary. (d) Subsections (a) and (b) do not apply to a contract between a school district and an educational diagnostician. (e) Notwithstanding any other provision in this Code, the board of trustees of a school district may reduce the length of service required under an educator contract if the board has determined that a decrease in state funds available per weighted student necessitates a reduction in the length of the instructional year or in the number of days of service required by the educator. The board may reduce the length of service by up to seven instructional days, non-instructional days, or a combination of the two. The salary of the educator may be reduced by an amount corresponding to the reduction in length of service. SECTION 9. Section 22.003(a)(1), Education Code, is amended to read as follows: (a) A state minimum personal leave program consisting of five days per year personal leave with no limit on accumulation and transferable among districts shall be provided for school district employees. School districts may provide additional personal leave beyond this minimum. The board of trustees of a school district may adopt a policy governing an employee's use of personal leave granted under this subsection, except that the policy may not restrict: (1) the purposes for which the leave may be used,except that the board by local policy may restrict the use of state personal leave on days designated for furloughs under Section 21.401, Education Code;or (2) the order in which an employee may use the state minimum personal leave and any additional personal leave provided by the school district. SECTION 10. Section 25.081, Education Code, is amended by to read as follows: (a) Except as authorized under Subsection s(b) and (c) of this section, Section 25.084, or Section 29.0821, for each school year each school district must operate so that the district provides for at least 180 days of instruction for students. (b) The commissioner may approve the instruction of students for fewer than the number of days required under Subsection (a) if disaster, flood, extreme weather conditions, fuel curtailment, or another calamity causes the closing of schools. (c) If the board of trustees of a school district has determined that a decrease in state funds available per weighted student necessitates a reduction in the instructional year, the board may reduce the number of days of instruction required under Subsection (a). The board may adjust educator contracts as provided at Section 21.401(e). SECTION 11. Section 21.402(d), Education Code, is repealed. SECTION 12. This Act takes effect October 1, 2011.
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Relating to school district personnel.
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Relating to requirements for reapportionment of congressional districts.
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AN ACT relating to requirements for reapportionment of congressional districts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle A, Title 3, Government Code, is amended by adding Chapter 307 to read as follows: CHAPTER 307. CONGRESSIONAL REDISTRICTING PRINCIPLES AND PROCEDURES Sec. 307.001. DEFINITIONS. In this chapter: (1) "Census" means the most recent federal decennial census. (2) "District" means a proposed or enacted congressional district. (3) "Ideal district population" means the population calculated by dividing the total state population according to the census by the total number of congressional districts apportioned to this state. (4) "Plan" means a proposal or enactment that establishes or modifies the state's congressional districts. Sec. 307.002. REDISTRICTING PLAN REQUIREMENTS. (a) A plan must comply with state and federal constitutional and statutory requirements, including the federal Voting Rights Act of 1965 (42 U.S.C. Section 1973 et seq.). (b) The districts in a plan must be equal in population as nearly as practicable. (c) The districts in a plan may not deviate from the ideal district population by one percent or more. Any deviation from the ideal district population must be in furtherance of a legitimate state objective or policy established by this chapter. Sec. 307.003. REDISTRICTING PLAN PRINCIPLES. (a) A plan must be based on the following principles to the extent practicable and authorized or required by law: 1. A plan shall avoid unnecessarily dividing counties and municipalities in the formation of districts. District lines shall be coterminous with the boundaries of these political subdivisions. Municipal boundaries, which may be highly irregular, shall not be given priority over retaining a community of interest intact. 2. A plan shall keep intact any discrete and insular communities of interest that are readily identifiable, based on actual shared and relevant interests and common concerns. Communities of interest shall be defined by social, economic, racial, ethnic, cultural, industrial, commercial, and geographic commonalities. 3. A district shall be composed solely of undivided census tracts as the smallest unit of redistricting. 4. A district shall be geographically compact, composed of convenient contiguous territory, and based on a sense of community enabled by reasonable availability and facility of transportation and communication between population centers and other inhabited areas. A district shall not be considered non-compact due solely to irregular natural geographic or political boundaries. A district is not contiguous unless all areas are joined by whole census tracts; areas that connect only at the points of adjoining corners are not contiguous. 5. A plan shall be drawn totally and absolutely without regard or reference to partisan political effect or consequences of any kind. The following data are strictly prohibited and excluded from use in establishing districts: partisan data of any type, voting history and electoral data, and locations of the residences of incumbents, candidates, or any other specific persons. (b) These principles are intended to recognize the primacy of recognizing communities of interest, from regional to local, in redistricting. Although population equality is the primary goal of redistricting, adjustments to equalize populations should be made with minimal disruption to communities of interest as articulated by these principles. (c) The principles established by this section are interdependent, interrelated, and compatible. A conflict between principles when applied must be resolved in favor of the principle or set of principles that produces a district that most fairly and effectively reflects the affected communities of interest. Sec. 307.004. REGIONAL HEARINGS. (a) The legislature shall conduct public hearings regarding congressional redistricting in the various geographical regions of the state beginning in the year in which the census is taken. (b) At least one public hearing must be conducted within the boundaries of each regional planning commission whose participating local governments have a total population equal to or greater than the ideal district population. (c) Notice of a public hearing must be made in a manner that ensures notice to the public. Notice must include the principles established by Sections 307.002 and 307.003. (d) A public hearing must be designed to promote public participation by providing citizens the opportunity to testify, especially regarding local and regional communities of interest. (e) Each person testifying at a public hearing shall be treated equally. A public official or other person may not be given special treatment at a hearing because of the person's official status, and the testimony of a public official may not be given special consideration. Testimony must be received in the order the witnesses appeared and registered to testify. Sec. 307.005. LEGISLATIVE SESSIONS AND REDISTRICTING. (a) A plan must be enacted by the legislature as provided by law, but not later than the 120th day before the date a person is required to file to be a candidate in a primary election in the year following the release of the census. (b) A legislative redistricting committee of either house must hold public hearings to consider legislation proposing a plan. The public must be allowed to provide testimony at a hearing under this subsection. A person may submit information to a redistricting committee that identifies boundaries of communities of interest. A person may submit a plan to a redistricting committee at any time if the plan is based on census counts, conforms to the requirements of Sections 307.002 and 307.003, and provides relevant explanations for why each district is drawn as it is. Sec. 307.006. TECHNICAL ASSISTANCE. (a) The Texas Legislative Council shall develop compactness tests based on prevailing optimal compactness models to measure relative compactness of individual districts and alternative plans. (b) The Texas Legislative Council shall establish objective models to measure a plan's compliance with Sections 307.002 and 307.003. For that purpose, the council shall prepare a comparative analysis and establish a qualitative rating for plans considered by a legislative redistricting committee or a house of the legislature. Each analysis and rating must be made available to the public for comment. Sec. 307.007. CHALLENGES TO PLAN; COURT-ORDERED PLANS. (a) Except as provided by federal law, the Supreme Court of Texas has original jurisdiction of a legal challenge to a plan enacted by the legislature. (b) The Texas Legislative Council shall forward to the Supreme Court of Texas the five highest-rated plans presented to or considered by the legislature as determined under Section 307.006(b), and the highest-rated plan created by an individual who is not an employee or officer of the state, if an enacted plan is declared by the court to be invalid. The court shall, not later than the 30th day after the date the court receives the plans, adopt a submitted plan in its entirety as the state's official plan. (c) The legislature may not redistrict this state's congressional districts more than once following each census except to replace a plan ordered by a court with a plan enacted by the legislature. (d) It is the intent and will of the legislature that any plan ordered by a state or federal court comply with the standards and principles established by Sections 307.002 and 307.003 to the extent practicable. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to requirements for reapportionment of congressional districts.
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Relating to the use of forfeited property proceeds by the district attorney for the 198th Judicial District.
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AN ACT relating to the use of forfeited property proceeds by the district attorney for the 198th Judicial District. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. (a) If S.B. No. 316, Acts of the 82nd Legislature, Regular Session, 2011, becomes law, Section 24.377(c), Government Code, as effective September 1, 2011, is repealed. (b) If S.B. No. 316, Acts of the 82nd Legislature, Regular Session, 2011, does not become law, this Act has no effect. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to the use of forfeited property proceeds by the district attorney for the 198th Judicial District.
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Relating to the use of forfeited property proceeds by the district attorney for the 198th Judicial District.
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AN ACT relating to the use of forfeited property proceeds by the district attorney for the 198th Judicial District. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. (a) If S.B. No. 316, Acts of the 82nd Legislature, Regular Session, 2011, becomes law, Section 24.377, Government Code, as effective September 1, 2011, is amended by adding Subsection (d) to read as follows: (d) Subsection (c) does not apply to the use of proceeds from the sale of forfeited property for the state fiscal year that begins September 1, 2011. This subsection expires September 1, 2013. (b) If S.B. No. 316, Acts of the 82nd Legislature, Regular Session, 2011, does not become law, this Act has no effect. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to the use of forfeited property proceeds by the district attorney for the 198th Judicial District.
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Relating to funding for basic civil legal services, indigent defense, and judicial technical support through certain fees and court costs and to the establishment of the judicial access and improvement account.
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AN ACT relating to funding for basic civil legal services, indigent defense, and judicial technical support through certain fees and court costs and to the establishment of the judicial access and improvement account. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 22, Government Code, is amended by adding Section 22.016 to read as follows: Sec. 22.016. JUDICIAL ACCESS AND IMPROVEMENT ACCOUNT. (a) The judicial access and improvement account is an account in the general revenue fund. (b) Subject to Subsection (d), money in the judicial access and improvement account shall be appropriated only as provided by this section. The supreme court may use an amount determined by the supreme court, which annually may not exceed $1 million, to phase in electronic filing and retrieval in courts in this state. The remainder of the money in the account shall be divided as follows: (1) an amount equal to 70 percent of the remainder shall be deposited to the credit of the basic civil legal services account of the judicial fund established under Section 51.943 for use in programs approved by the supreme court that provide basic civil legal services to indigents; and (2) an amount equal to 30 percent of the remainder shall be deposited to the credit of the fair defense account established under Section 71.058. (c) The supreme court in consultation with the judicial committee on information technology may enter into an agreement with the Office of Court Administration of the Texas Judicial System to implement the electronic filing and retrieval in courts of this state authorized under Subsection (b), including acquiring the necessary technology, software, and data storage. (d) The comptroller may retain two percent of the money remitted to the comptroller for deposit in the judicial access and improvement account. The comptroller shall use the money to audit and administer fund balances and to ensure the timely deposit of money in accounts as required by this section. (e) Section 403.095 does not apply to money dedicated under this section. SECTION 2. Section 101.0615, Government Code, is amended to read as follows: Sec. 101.0615. DISTRICT COURT FEES AND COSTS: LOCAL GOVERNMENT CODE. The clerk of a district court shall collect fees and costs under the Local Government Code as follows: (1) additional filing fees: (A) for each civil suit filed, for court-related purposes for the support of the judiciary and for civil legal services to an indigent: (i) for family law cases and proceedings as defined by Section 25.0002, Government Code (Sec. 133.151, Local Government Code)...$45; or (ii) for any case other than a case described by Subparagraph (i) (Sec. 133.151, Local Government Code)...$50; and (B) on the filing of any civil action or proceeding requiring a filing fee, including an appeal, and on the filing of any counterclaim, cross-action, intervention, interpleader, or third-party action requiring a filing fee, to fund civil legal services for the indigent: (i) for family law cases and proceedings as defined by Section 25.0002, Government Code (Sec. 133.152, Local Government Code)...$15 [$5];or (ii) for any case other than a case described by Subparagraph (i) (Sec. 133.152, Local Government Code)...$20 [$10];(2) additional filing fee to fund the courthouse security fund, if authorized by the county commissioners court (Sec. 291.008, Local Government Code)...not to exceed $5; (3) additional filing fee for filing documents not subject to certain filing fees to fund the courthouse security fund, if authorized by the county commissioners court (Sec. 291.008, Local Government Code)...$1; (4) additional filing fee to fund the courthouse security fund in Webb County, if authorized by the county commissioners court (Sec. 291.009, Local Government Code)...not to exceed $20; (5) court cost in civil cases other than suits for delinquent taxes to fund the county law library fund, if authorized by the county commissioners court (Sec. 323.023, Local Government Code)...not to exceed $35; and (6) on the filing of a civil suit, an additional filing fee to be used for court-related purposes for the support of the judiciary (Sec. 133.154, Local Government Code)...$42. SECTION 3. Subchapter F, Chapter 102, Government Code, is amended by adding Section 102.1035 to read as follows: Sec. 102.1035. ADDITIONAL COURT COSTS ON CONVICTION IN JUSTICE COURT: LOCAL GOVERNMENT CODE. A clerk of a justice court shall collect from a defendant a court cost of $5 under Section 133.108, Local Government Code, on conviction of an offense, other than an offense relating to a pedestrian or the parking of a motor vehicle. SECTION 4. Subchapter G, Chapter 102, Government Code, is amended by adding Section 102.1215 to read as follows: Sec. 102.1215. ADDITIONAL COURT COSTS ON CONVICTION IN MUNICIPAL COURT: LOCAL GOVERNMENT CODE. A clerk of a municipal court shall collect from a defendant a court cost of $5 under Section 133.108, Local Government Code, on conviction of an offense, other than an offense relating to a pedestrian or the parking of a motor vehicle. SECTION 5. Subchapter B, Chapter 403, Government Code, is amended by adding Section 403.0306 to read as follows: Sec. 403.0306. FEES AND COSTS ASSESSED FOR JUDICIAL ACCESS AND IMPROVEMENT ACCOUNT. Notwithstanding any other law, if in any state fiscal biennium the legislature: (1) does not appropriate any money to the judicial access and improvement account for the purposes provided by Section 22.016: (A) the comptroller and the office of court administration shall notify each clerk of a justice or municipal court, as appropriate, not to assess fees and court costs under Sections 102.1035 and 102.1215 of this code and Section 133.108, Local Government Code, during the state fiscal biennium; and (B) a clerk of a justice or municipal court may not assess fees and court costs under Sections 102.1035 and 102.1215 of this code and Section 133.108, Local Government Code, during the state fiscal biennium; or (2) appropriates only a portion of the money to the judicial access and improvement account for the purposes provided by Section 22.016: (A) the comptroller and the office of court administration shall: (i) proportionally adjust the amount of the fees and court costs to be assessed under Sections 102.1035 and 102.1215 of this code and Section 133.108, Local Government Code, during the state fiscal biennium; and (ii) notify each clerk of a justice or municipal court, as appropriate, of the amount of the fees and court costs to be assessed under Sections 102.1035 and 102.1215 of this code and Section 133.108, Local Government Code, during the state fiscal biennium; and (B) a clerk of a justice or municipal court shall assess the amount of the fees and court costs determined by the comptroller under Paragraph (A) during the state fiscal biennium. SECTION 6. Section 133.003, Local Government Code, is amended to read as follows: Sec. 133.003. CRIMINAL FEES. This chapter applies to the following criminal fees: (1) the consolidated fee imposed under Section 133.102; (2) the time payment fee imposed under Section 133.103; (3) fees for services of peace officers employed by the state imposed under Article 102.011, Code of Criminal Procedure, and forwarded to the comptroller as provided by Section 133.104; (4) costs on conviction imposed in certain statutory county courts under Section 51.702, Government Code, and deposited in the judicial fund; (5) costs on conviction imposed in certain county courts under Section 51.703, Government Code, and deposited in the judicial fund; (6) the administrative fee for failure to appear or failure to pay or satisfy a judgment imposed under Section 706.006, Transportation Code; (7) fines on conviction imposed under Section 621.506(g), Transportation Code; (8) the fee imposed under Article 102.0045, Code of Criminal Procedure; (9) the cost on conviction imposed under Section 133.105 and deposited in the judicial fund; [and] (10) the cost on conviction imposed under Section 133.107;and (11) the cost on conviction imposed under Section 133.108.SECTION 7. Section 133.058, Local Government Code, is amended by adding Subsection (c-1) to read as follows: (c-1) A municipality or county may retain five percent of the money collected as a fee under Section 133.108 to be used for judicial support. SECTION 8. Subchapter C, Chapter 133, Local Government Code, is amended by adding Section 133.108 to read as follows: Sec. 133.108. FEE FOR JUDICIAL ACCESS AND IMPROVEMENT. (a) A person convicted in a municipal or justice court of an offense, other than an offense relating to a pedestrian or the parking of a motor vehicle, shall pay as a court cost, in addition to other costs, a fee of $5 to be used to fund basic civil legal services and criminal defense for indigents and electronic filing in courts in this state through the judicial access and improvement account established under Section 22.016, Government Code. (b) The treasurer shall remit the fees collected under this section to the comptroller in the manner provided by Subchapter B. The comptroller shall credit the remitted fees to the credit of the judicial access and improvement account established under Section 22.016, Government Code. SECTION 9. Section 133.152(a), Local Government Code, is amended to read as follows: (a) In addition to other fees collected under Section 133.151(a) or otherwise authorized or required by law, the clerk of a district court shall collect the following fees on the filing of any civil action or proceeding requiring a filing fee, including an appeal, and on the filing of any counterclaim, cross-action, intervention, interpleader, or third-party action requiring a filing fee: (1) $15 [$5] in family law cases and proceedings as defined by Section 25.0002, Government Code; and (2) $20 [$10] in any case other than a case described by Subdivision (1). SECTION 10. (a) Section 51.607, Government Code, does not apply to the imposition of a court cost or fee under this Act. (b) The changes in law made by this Act apply to the costs imposed on or after October 1, 2011, for conviction of an offense that occurs on or after that date. (c) For purposes of Subsection (b) of this section, an offense is committed before the date specified by that subsection if any element of the offense occurs before the specified date. Court costs imposed on conviction of an offense committed before that specified date are governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. (d) Section 133.152(a), Local Government Code, as amended by this Act, and Section 101.0615, Government Code, as amended by this Act, apply only to a civil action or proceeding filed in a district court on or after the effective date of this Act. A civil action or proceeding filed before that date is governed by the law in effect on the date the action or proceeding was filed, and the former law is continued in effect for that purpose. SECTION 11. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to funding for basic civil legal services, indigent defense, and judicial technical support through certain fees and court costs and to the establishment of the judicial access and improvement account.
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Relating to the punishment for the offense of indecent exposure.
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AN ACT relating to the punishment for the offense of indecent exposure. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 21.08, Penal Code, is amended by amending Subsection (b) and adding Subsection (c) to read as follows: (b) An offense under this section is a Class Bmisdemeanor,except that the offense is: (1) a Class A misdemeanor if it is shown on the trial of the offense that the defendant has been previously convicted one time of an offense under this section; and (2) a state jail felony if it is shown on the trial of the offense that the defendant has been previously convicted two or more times of an offense under this section.(c) For purposes of Subsection (b), a defendant has been previously convicted under this section if the defendant was adjudged guilty of the offense or entered a plea of guilty or nolo contendere in return for a grant of deferred adjudication, regardless of whether the sentence for the offense was ever imposed or whether the sentence was probated and the defendant was subsequently discharged from community supervision. SECTION 2. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date. SECTION 3. This Act takes effect November 1, 2011.
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Relating to the punishment for the offense of indecent exposure.
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Relating to the availability of certain school district financial information on districts' Internet websites.
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AN ACT relating to the availability of certain school district financial information on districts' Internet websites. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 44, Education Code, is amended by adding Section 44.0031 to read as follows: Sec. 44.0031. INTERNET ACCESS TO FINANCIAL DATA. (a) Except as otherwise provided by this section, a school district shall post on the district's Internet website or on an Internet website hosted by the district's business or financial services department for viewing by interested persons a copy of the district's: (1) annual budget; (2) end-of-year financial report; and (3) checking account transaction register. (b) A school district may not include in the district's checking account transaction register under Subsection (a)(3) a check issued to a district employee in payment of salary, wages, or an employment stipend. (c) A school district may not post any information protected by state or federal law regarding confidentiality of health or education records. (d) The superintendent and chief financial officer of a school district shall jointly notify the commissioner when the financial data required under Subsection (a) is available to interested persons. The notification must include information regarding the current and expected costs associated with implementing and maintaining the requirements of this section. (e) If a school district is unable to post all or part of the financial data required under Subsection (a), the superintendent and chief financial officer of the school district shall jointly submit a letter to the commissioner explaining why the district is unable to post the financial data, including the results of any applicable cost analysis performed by or for the district. SECTION 2. This Act takes effect January 1, 2012.
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Relating to the availability of certain school district financial information on districts' Internet websites.
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Relating to the bilingual education and special language programs offered in public schools.
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AN ACT relating to the bilingual education and special language programs offered in public schools. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 29.052, Education Code, is amended by adding Subdivision (3) to read as follows: (3) "Special language program" includes an English language immersion program and a program of instruction in English as a second language. SECTION 2. Section 29.055(a), Education Code, is amended to read as follows: (a) A bilingual education program established by a school district shall be a full-time program of dual-language instruction that provides for learning basic skills in the primary language of the students enrolled in the program and for carefully structured and sequenced mastery of English language skills. An English language immersion program established by a school district shall be a program of instruction provided primarily in English. A program of instruction in English as a second language established by a school district shall be a program of intensive instruction in English from teachers trained in recognizing and dealing with language differences. SECTION 3. Sections 29.053(d) and 29.054, Education Code, are repealed. SECTION 4. This Act applies beginning with the 2011-2012 school year. SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to the bilingual education and special language programs offered in public schools.
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Granting William James Stroman, Jr., permission to sue the State of Texas and the board of regents of The University of Texas.
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WHEREAS, William James Stroman, Jr., individually and as the independent executor of the estate of William James Stroman and attorney-in-fact for Cleo Lane Stroman (collectively referred to as "Stroman"), alleges that: (1) the State of Texas, through the board of regents of The University of Texas System ("the board"), owns university blocks 23, 24, and 26 ("university lands") located in Pecos County, Texas, and exercises sole and exclusive management and control of the lands set aside and appropriated to or acquired by the permanent university fund, which was created and is governed by Sections 10, 11, 15, and 18, Article VII, Texas Constitution; (2) Stroman owns property adjoining the west line of the university lands, referred to as the Stroman Ranch; (3) during the year 2008, the board began removing a fence located on or about the true boundary of the university lands and began constructing a new fence west of the true boundary of the university lands and entered the Stroman Ranch without consent and staked a new fence line west of the true boundary of the university lands; (4) the board informed Stroman that it would be constructing a new fence on the new staked fence line and stated that the location of the new fence was based on a survey performed by Frank F. Friend, the field notes of which were filed in the General Land Office in 1939; (5) the university lands were originally surveyed in 1879 by R. M. Thomson, and Friend later resurveyed the university lands in 1936, purportedly under the authority of Section 66.41, Education Code, which called for lands to be resurveyed when it was impracticable to establish lines and corners as originally surveyed; (6) the Friend survey placed the western boundary of the university lands west of the previously established line and clearly on the Stroman Ranch; (7) Stroman informed the board of the error in the location of the western boundary line; however, the board did not correct the error and stated that the board disputed Stroman's claim of ownership; (8) in an attempt to resolve the dispute, Stroman hired J. Stan Piper, a licensed state land surveyor, to establish the proper western boundary of the university lands, and Piper located the correct boundary between the university lands and the Stroman Ranch, based on the original 1879 R. M. Thomson survey and field notes, as well as subsequent surveys; (9) Piper's conclusive findings, including locations of monuments from the original R. M. Thomson survey, establish the true boundary between the university lands and the Stroman Ranch and demonstrate that the Friend survey was unnecessary and did not establish the proper boundary; and (10) the board intends to complete the fence along the incorrect boundary between the university lands and the Stroman Ranch, thereby trespassing on Stroman's property and denying Stroman access to the property; now, therefore, be it RESOLVED by the Legislature of the State of Texas, That William James Stroman, Jr., individually and as the independent executor of the estate of William James Stroman and attorney-in-fact for Cleo Lane Stroman, is granted permission to sue the State of Texas and the board of regents of The University of Texas System subject to Chapter 107, Civil Practice and Remedies Code; and, be it further RESOLVED, That Stroman may not seek recovery of monetary damages from the state, but may only seek a determination of the boundary of Stroman's property and a determination of Stroman's rights through a court order that fixes and determines the true boundary between the university lands and the Stroman Ranch; and, be it further RESOLVED, That the suit authorized by this resolution may be brought in Pecos or Travis County; and, be it further RESOLVED, That the relief awarded in the suit authorized by this resolution is limited to the relief authorized under Chapter 37, Civil Practice and Remedies Code, or Chapter 22, Property Code, or both; and, be it further RESOLVED, That the secretary of the board of regents of The University of Texas System be served process as provided by Section 107.002(a)(3), Civil Practice and Remedies Code.
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Granting William James Stroman, Jr., permission to sue the State of Texas and the board of regents of The University of Texas.
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Relating to restrictions on certain private security companies' use of vehicles that mimic law enforcement vehicles.
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AN ACT relating to restrictions on certain private security companies' use of vehicles that mimic law enforcement vehicles. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter F, Chapter 1702, Occupations Code, is amended by adding Section 1702.1301 to read as follows: Sec. 1702.1301. RESTRICTIONS ON APPEARANCE OF VEHICLES. (a) This section applies only to a motor vehicle that displays the name of a company and is used by: (1) a guard company for the purpose of security patrol services; or (2) an alarm systems company while responding to an alarm system or detection device. (b) A motor vehicle described by Subsection (a): (1) must display an inscription containing: (A) the license holder's company name or the name under which the company conducts business; (B) the words "Private Patrol Services," "Security," "Alarm Response," "Security Patrol," or "Protection," in letters not less than two inches high; and (C) the company's license number, in letters not less than one inch high; and (2) may not display a badge or shield emblem, the state seal or another seal, or any variation on the state seal or another seal that may give an impression that the person is connected with the federal government, a state government, or a political subdivision of this state. (c) The inscription required by Subsection (b)(1)(B) must be in a color sufficiently different from the body of the motor vehicle that the lettering is plainly legible at a distance of not less than 100 feet. SECTION 2. This Act takes effect October 1, 2011.
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Relating to restrictions on certain private security companies' use of vehicles that mimic law enforcement vehicles.
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Congratulating country-pop superstar Kenny Rogers on his achievements.
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WHEREAS, Country-pop superstar Kenny Rogers is visiting the State Capitol, and this occasion presents an ideal opportunity to recognize one of the Lone Star State's most famous sons; and WHEREAS, Born in Houston, Mr. Rogers took up guitar and fiddle and formed a rockabilly band called the Scholars as a high school student; the local success of two singles earned the group a spot on American Bandstand;although he briefly attended The University of Texas at Austin, Mr. Rogers soon found work as a bassist in a jazz combo, and in 1960, he played bass on the Mickey Gilley single "Is It Wrong"; and WHEREAS, This talented Texan joined the New Christy Minstrels in 1966, and a year later he and three other members left to form the First Edition; in 1968, their pop-psychedelic song "Just Dropped In (To See What Condition My Condition Was In)" became a top five hit, and they changed their name to Kenny Rogers & the First Edition; the group went on to record such million-sellers as "Ruby, Don't Take Your Love to Town" and "Reuben James"; and WHEREAS, After launching a solo career, Mr. Rogers scored a mammoth hit with "Lucille"; the No. 1 country single crossed over to the pop charts and reached No. 5, beginning a phenomenal string of country and pop smashes that included "She Believes in Me," "You Decorated My Life," and "Coward of the County"; he teamed with Dottie West for a series of top ten duets, among them "Every Time Two Fools Collide" and "What Are We Doin' in Love"; and WHEREAS, The 1980s brought even greater triumphs, as Mr. Rogers spent six weeks at the top of the pop charts with "Lady" and recorded such chart-topping duets as "We've Got Tonight," with Sheena Easton, "Don't Fall in Love with a Dreamer," with Kim Carnes, and "Islands in the Stream," with Dolly Parton; he starred in five movies based on his perennial favorite "The Gambler" and in a number of other movies and television productions; and WHEREAS, In more recent years, Mr. Rogers has returned to the country airwaves with such songs as "The Greatest" and "Buy Me a Rose," and he continues to delight his legions of fans with concerts, television appearances, and albums; his most recent release, The Love of God,is a collection of inspirational songs; in addition, he has established himself as a photographer, author, and off-Broadway musical theater star, and he has given generously of his time, talents, and resources to such charities as the Kenny Rogers Children's Center;and WHEREAS, Over the course of a career spanning more than half a century, Kenny Rogers has sold more than 120 million records worldwide, and he remains one of America's most enduringly popular artists and a source of pride to his fellow Texans; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas hereby honor Kenny Rogers for his remarkable achievements and extend to him sincere best wishes for continued success and happiness; and, be it further RESOLVED, That an official copy of this resolution be prepared for Mr. Rogers as an expression of high regard by the Texas House of Representatives and Senate.
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Congratulating country-pop superstar Kenny Rogers on his achievements.
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Directing the Texas Historical Commission to work with the City of Austin to honor the memory of President John F. Kennedy with an official Texas Historical Marker at or near the site of the Austin Municipal Auditorium.
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WHEREAS, In November 1963, many Texans were anticipating a two-day visit to their state by President John F. Kennedy; and WHEREAS, The president's itinerary included stops in Dallas, San Antonio, Houston, Fort Worth, and the capital of the Lone Star State, where he was to appear at the Municipal Auditorium on November 22; the speech he planned to deliver in Austin that evening included memories of his 1960 campaign tour of Texas with then vice presidential candidate Lyndon B. Johnson and concluded with a call for unity and renewed confidence in American ideals; and WHEREAS, The assassination of President Kennedy in Dallas on November 22, 1963, forever changed the United States of America and its people; in the aftermath of that tragedy, the planned visit to Austin became a somber footnote in the annals of Texas and the United States; and WHEREAS, The placement of a Texas Historical Marker near the auditorium would serve to remind future generations of President Kennedy's leadership and his special interest in the citizens of the Lone Star State; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas, 1st Called Session, hereby direct the Texas Historical Commission to work with the City of Austin to develop a unique design for an official Texas Historical Marker in honor of President Kennedy, to be paid for entirely with funds raised privately for this purpose, for placement on or near the site of the Austin Municipal Auditorium; and, be it further RESOLVED, That such marker include these words from President Kennedy's intended remarks: For our Country is moving and it must not stop. It cannot stop. Let us stand together with renewed confidence in our cause--united in our heritage of the past and hopes for the future--and determined that this land we love shall lead all mankind into new frontiers of peace and abundance. and, be it further RESOLVED, That the Texas secretary of state forward an official copy of this resolution to the chair of the Texas Historical Commission.
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Directing the Texas Historical Commission to work with the City of Austin to honor the memory of President John F. Kennedy with an official Texas Historical Marker at or near the site of the Austin Municipal Auditorium.
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Relating to certain responsibilities of education research centers and to a joint advisory board for education research centers.
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AN ACT relating to certain responsibilities of education research centers and to a joint advisory board for education research centers. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 1.005, Education Code, is amended by amending Subsections (e), (g), and (k) and adding Subsections (g-1), (g-2), (l), (m), and (n) to read as follows: (e) A center shall conduct research for the benefit of education in this state, including research relating to the impact of state and federal education programs, the performance of educator preparation programs, public school finance, and the best practices of school districts with regard to classroom instruction, bilingual education programs, special language programs, and business practices. A center shall support policy and academic research, including support of graduate student research in this state, giving priority to projects required under Subsection (f)(1). (g) In conducting research under this section, a center: (1) may use and store data [on student performance],including data that is confidential under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), [the center has collected] from the Texas Education Agency, the coordinating board, any other state agency, any public or private institution of higher education, [and] any school district,any provider of services to public or private institutions of higher education or to school districts, and any entity explicitly named in an approved research project of a center;and (2) shall comply with rules adopted by the commissioner of education and the coordinating board to protect the confidentiality of [student] information used or stored at the center,including rules establishing procedures to ensure that confidential [student] information is not duplicated or removed from a center in an unauthorized manner. (g-1) Confidential information provided to a center by the Texas Education Agency or the coordinating board must be protected by procedures to ensure that any unique identifying number is not traceable to any individual. The procedures must be maintained as confidential by the Texas Education Agency and the coordinating board. The procedures may not be shared with a center or used for any purpose other than for purposes of this section. Social security numbers, names, and birth dates may not be accessed for the purpose of research at a center. (g-2) The Texas Education Agency and the coordinating board shall longitudinally link all data under Subsection (g)(1), to the greatest extent practicable. (k) In implementing this section, the commissioner of education may use funds appropriated to the agency and available for the purpose of establishing the centers. After a center is established, the cost of complying with this section and Section 1.006, including necessary personnel costs at the Texas Education Agency and the coordinating board and the costs of operation of each center,must be funded by gifts and grants accepted under Subsection (h)(1) and fees imposed under Subsection (h)(2). Fees adopted under Subsection (h)(2) must be set in an amount sufficient to provide for the continued operation of the center. A center shall report annually to the commissioner of education and the commissioner of higher education the total amount of fees collected by the center for each purpose for which a fee is imposed under Subsection (h)(2). (l) Each center shall administer the process for reviewing research proposals developed under Section 1.006(e)(4) and shall forward to the joint advisory board only proposals of high quality as determined using criteria developed under Section 1.006(e)(4). (m) Subject to Subsection (n), on behalf of a center, the commissioner of education and the coordinating board may pursue and enter data agreements with: (1) another agency of this state; and (2) the state education agency of another state, giving priority to the agencies of those states that send the highest number of students to this state or that receive the highest number of students from this state. (n) The commissioner of education and the coordinating board may, on behalf of a center, enter into a data agreement with the state education agency of another state only if: (1) the United States Department of Education reviews the agreement; and (2) the state education agency of the other state agrees to comply with all data security measures required of a center. SECTION 2. Chapter 1, Education Code, is amended by adding Section 1.006 to read as follows: Sec. 1.006. JOINT ADVISORY BOARD FOR EDUCATION RESEARCH CENTERS. (a) In this section, "center" means a center for education research authorized by Section 1.005. (b) The commissioner of education and the commissioner of higher education shall co-chair a joint advisory board to adopt policies governing the operations of the centers, including a process for review and approval of center research involving confidential information. The commissioner of education and the commissioner of higher education each may delegate duties as co-chair, including voting, to an employee of the Texas Education Agency or the Texas Higher Education Coordinating Board, as appropriate. (c) The commissioner of education and the commissioner of higher education shall jointly appoint not more than 10 additional members to the joint advisory board to serve one-year terms. The joint advisory board must include at least two educational researchers experienced in working with secure data. A member of the joint advisory board serves at the pleasure of the commissioner of education and the commissioner of higher education. A member may be reappointed each year to an additional term. (d) The joint advisory board shall meet at the call of the co-chairs at least twice each year. (e) The joint advisory board shall: (1) establish a schedule of fees to fund the cost of data processing by the Texas Education Agency and the Texas Higher Education Coordinating Board; (2) develop a plan for establishing access at public institutions of higher education to data; (3) develop policies to give state agencies acting for a governmental purpose and public entities performing studies authorized by the legislature priority in access to and use of center research; (4) develop, in consultation with each center, a process for reviewing center research proposals and criteria for evaluating proposal quality that emphasize the benefits to education in this state and use of accepted social science research methods; (5) identify, in consultation with each center, the type of data that the Texas Education Agency and the Texas Higher Education Coordinating Board send annually to each center without the necessity of a request for that data by a center and a schedule on which the data is sent; and (6) perform other duties as necessary to advise each center. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to certain responsibilities of education research centers and to a joint advisory board for education research centers.
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Relating to remedies for discrimination by a public employer against a public employee in connection with a claim for workers' compensation.
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AN ACT relating to remedies for discrimination by a public employer against a public employee in connection with a claim for workers' compensation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 451, Labor Code, is amended by adding Section 451.004 to read as follows: Sec. 451.004. WAIVER OF IMMUNITY FOR PUBLIC EMPLOYERS. A public employee who alleges a violation of Section 451.001 may sue the public employer for the relief provided by this chapter. Sovereign or governmental immunity is waived and abolished to the extent of liability for the relief allowed under this chapter for a violation of Section 451.001. SECTION 2. The change in law made by this Act applies to a cause of action filed or pending on or after the effective date of this Act, regardless of whether the cause of action accrued before, on, or after the effective date of this Act. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to remedies for discrimination by a public employer against a public employee in connection with a claim for workers' compensation.
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Relating to authorizing the Department of Public Safety of the State of Texas to operate one or more southbound vehicle checkpoints near the international border of this state for the purpose of preventing certain criminal offenses.
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AN ACT relating to authorizing the Department of Public Safety of the State of Texas to operate one or more southbound vehicle checkpoints near the international border of this state for the purpose of preventing certain criminal offenses. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Section 411.0095, Government Code, is amended to read as follows: Sec. 411.0095. VEHICLE [THEFT] CHECKPOINTS NEAR TEXAS-MEXICO [AT] BORDER [CROSSING].SECTION 2. Sections 411.0095(a), (b), (c), and (d), Government Code, are amended to read as follows: (a) The department may establish [a program for the purpose of establishing] border [crossing] checkpoints to prevent the unlawful possession or unlawful and imminent movement or transfer from this state to Mexico of: (1) firearms, in violation of Section 46.14, Penal Code; (2) controlled substances, in violation of Chapter 481, Health and Safety Code; (3) currency, in violation of Section 34.02, Penal Code; or (4) stolen vehicles, farm tractors or implements, construction equipment, aircraft, or watercraft,in violation of Section 31.03, Penal Code [from entering Mexico].(b) A checkpoint may be established under Subsection (a) if the checkpoint is: (1) located within 250 yards of a federally designated crossing facility located at or near the actual boundary between this state and Mexico; (2) located on a public highway or street leading directly to an international border crossing; (3) designed to stop only traffic bound for Mexico; and (4) operated in such a manner as to prevent firearms, controlled substances, currency, [stop only] vehicles, tractors or implements, equipment, aircraft, or watercraft that [for which] law enforcement authorities have probable cause to believe are unlawfully possessed or being unlawfully and imminently transferred or moved from this state to [is stolen and bound for] Mexico from being possessed or transferred or moved to Mexico.(c) The department may establish [the] border checkpoints [crossing checkpoint program] in conjunction with federal and local law enforcement authorities. The department and federal and local law enforcement authorities may share the cost of staffing the checkpoints. (d) The department shall establish procedures governing the encounter between the driver and the peace officers operating the checkpoint that ensure that any intrusion on the driver is minimized and that the inquiries made are reasonably related to the purpose of the checkpoint. [A peace officer at the checkpoint may not direct a driver or a passenger in a motor vehicle to leave the vehicle or move the vehicle off the roadway unless the officer has reasonable suspicion or probable cause to believe that the person committed or is committing an offense. However, a peace officer may require that each motor vehicle passing through the checkpoint be diverted to a location immediately adjacent to the roadway, if desirable, to ensure safety.] SECTION 3. Effective September 1, 2015, Section 411.0095, Government Code, is amended to read as follows: Sec. 411.0095. VEHICLE THEFT CHECKPOINTS AT BORDER CROSSING. (a) The department may establish a program for the purpose of establishing border crossing checkpoints to prevent stolen vehicles, farm tractors or implements, construction equipment, aircraft, or watercraft from entering Mexico. (b) A checkpoint may be established under Subsection (a) if the checkpoint is: (1) located within 250 yards of a federally designated crossing facility located at or near the actual boundary between this state and Mexico; (2) located on a public highway or street leading directly to an international border crossing; (3) designed to stop only traffic bound for Mexico; and (4) operated in such a manner as to stop only vehicles, tractors or implements, equipment, aircraft, or watercraft for which law enforcement authorities have probable cause to believe is stolen and bound for Mexico. (c) The department may establish the border crossing checkpoint program in conjunction with local law enforcement authorities. The department and local law enforcement authorities may share the cost of staffing the checkpoints. (d) The department shall establish procedures governing the encounter between the driver and the peace officers operating the checkpoint that ensure that any intrusion on the driver is minimized and that the inquiries made are reasonably related to the purpose of the checkpoint. A peace officer at the checkpoint may not direct a driver or a passenger in a motor vehicle to leave the vehicle or move the vehicle off the roadway unless the officer has reasonable suspicion or probable cause to believe that the person committed or is committing an offense. However, a peace officer may require that each motor vehicle passing through the checkpoint be diverted to a location immediately adjacent to the roadway, if desirable, to ensure safety. (e) In this section: (1) "Motor vehicle" and "vehicle" have the meanings assigned to those terms by Section 541.201, Transportation Code. (2) "Watercraft" has the meaning assigned by Section 49.01, Penal Code. SECTION 4. Except as otherwise provided by this Act, this Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to authorizing the Department of Public Safety of the State of Texas to operate one or more southbound vehicle checkpoints near the international border of this state for the purpose of preventing certain criminal offenses.
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Relating to a financial exigency of a school district.
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AN ACT relating to a financial exigency of a school district. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 44, Education Code, is amended by adding Section 44.011 to read as follows: Sec. 44.011. FINANCIAL EXIGENCY. (a) In this section, "financial exigency" means substantial and recurring financial deficits in the total operating budget of a school district that have occurred and are reasonably projected to continue to occur, placing the district at serious risk of insolvency. The term does not include: (1) the expectation of short-term deficits in the operating budget of a district; or (2) the elimination of or reduction in a district academic program for academic reasons. (b) This section applies only if, in response to a financial exigency as determined by the board of trustees of a school district, the district proposes to terminate contracts of and discharge classroom teachers. A district shall consider termination of contracts and discharge of classroom teachers to be an exceptional action. The board of trustees of a district must comply with this section before the board may terminate contracts of and discharge classroom teachers on the basis of a financial exigency. (c) The board of trustees of a school district that proposes to terminate contracts of and discharge classroom teachers on the basis of a financial exigency must prepare and submit to the commissioner a report specifying the precise nature and extent of the district's financial problems. The report must include: (1) a description of each measure the district has taken to address the financial problems; (2) whether reduction or elimination of any academic program redundancies is recommended in addressing the financial problems; (3) each reason for proposing termination of contracts and discharge of classroom teachers; and (4) the number of classroom teachers whom the district is proposing to discharge. (d) Not later than the 10th day after the date the board of trustees of a school district submits a report to the commissioner under Subsection (c), a financial exigency committee shall be established to review all documentation relevant in determining whether a district financial exigency exists. The committee shall be composed of five members, none of whom may be employed by the district. Two members of the committee shall be appointed by the board of trustees, two members shall be appointed by the commissioner, and one member shall be appointed to serve as presiding officer by the other members of the committee. (e) In performing its duties under this section, the financial exigency committee may consult with any person and may consider oral or written submissions concerning the school district's financial condition and district academic program redundancies. (f) The financial exigency committee shall prepare and submit to the commissioner and the board of trustees of the school district, in the time and manner required by commissioner rule, a report that includes: (1) an analysis of the nature and extent of the district's financial problems; (2) a determination of whether a district financial exigency exists; (3) a description of the potential impact on the district's academic programs of the district's proposals under Subsection (c); (4) a determination of whether district enrollment projections are consistent with the reduction in the number of classroom teachers proposed under Subsection (c); (5) a determination of whether the district has proposed making any necessary reductions among district employees in a manner that best maintains the academic viability of the district; and (6) a determination of whether the district has exhausted all reasonable means, other than termination of contracts and discharge of classroom teachers, to alleviate the district's financial problems, including: (A) applying rigorous economies in all areas of the district's present and projected expenditures; (B) using all reasonable means of increasing the district's income; and (C) reducing the number of classroom teachers by voluntary retirement, resignation, or reduction in workload or by other voluntary means. (g) If the financial exigency committee determines that a school district financial exigency does not exist, the district may not terminate a contract of and discharge a classroom teacher for budgetary reasons. If the committee determines that a district financial exigency does exist and that the district has exhausted all other reasonable means to alleviate the district's financial problems, the committee may recommend a reduction in the number of classroom teachers or in the district's budgetary allocations for classroom teacher salaries or benefits. If the committee recommends a reduction in the number of classroom teachers that is different from the number proposed under Subsection (c), the committee shall explain the reasons for the difference in the report under Subsection (f). (h) If the financial exigency committee determines a school district financial exigency exists and no other satisfactory provision can be made for the continued employment of all district classroom teachers, the board of trustees of the district shall prepare a plan for the reduction in the number of classroom teachers. The plan must be structured in a manner that allows the district to continue to operate to the greatest extent practicable in accordance with the district's mission and may include a reduction in or elimination of one or more academic programs. The district may terminate contracts of and discharge classroom teachers only to the extent necessary to alleviate the financial exigency. The number of classroom teachers discharged may not exceed the number recommended by the financial exigency committee under Subsection (g). (i) The commissioner shall adopt rules as necessary for the administration of this section. SECTION 2. This Act applies beginning with the 2011-2012 school year. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to a financial exigency of a school district.
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Relating to the enforcement of state and federal laws governing immigration by certain governmental entities.
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AN ACT relating to the enforcement of state and federal laws governing immigration by certain governmental entities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 370, Local Government Code, is amended by adding Section 370.0031 to read as follows: Sec. 370.0031. LOCAL GOVERNMENT POLICY REGARDING ENFORCEMENT OF STATE AND FEDERAL IMMIGRATION LAWS. (a) This section applies to: (1) the governing body of a municipality, county, or special district or authority, subject to Subsections (b) and (b-1); (2) an officer, employee, or other body that is part of a municipality, county, or special district or authority, including a sheriff, municipal police department, municipal attorney, or county attorney; and (3) a district attorney or criminal district attorney. (b) This section does not apply to a school district or open-enrollment charter school or a junior college district, except that this subsection does not exclude the application of this section to a commissioned peace officer employed or commissioned by a school district or open-enrollment charter school or a junior college district. This section does not apply to the release of information contained in education records of an educational agency or institution, except in conformity with the Family Educational Rights and Privacy Act of 1974, Section 513, Pub. L. No. 93-380 (20 U.S.C. Section 1232g). (b-1) This section does not apply to a hospital or hospital district created under Subtitle Cor D, Title 4, Health and Safety Code, or a hospital district created under a general or special law authorized by Article IX, Texas Constitution, to the extent that the hospital or hospital district is providing access to or delivering medical or health care services as required under the following applicable federal or state laws: (1) 42 U.S.C. Section 1395dd; (2) 42 U.S.C. Section 1396b(v); (3) Subchapter C, Chapter 61, Health and Safety Code; (4) Chapter 81, Health and Safety Code; and (5) Section 311.022, Health and Safety Code. (b-2) Subsection (b-1) does not exclude the application of this section to a commissioned peace officer employed by or commissioned by a hospital or hospital district subject to Subsection (b-1). (c) An entity described by Subsection (a) may not adopt a rule, order, ordinance, or policy under which the entity prohibits the enforcement of the laws of this state or federal law relating to immigrants or immigration, including the federal Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.). (d) In compliance with Subsection (c), an entity described by Subsection (a) may not prohibit a person employed by or otherwise under the direction or control of the entity from doing any of the following: (1) inquiring into the immigration status of a person lawfully detained for the investigation of a criminal offense or arrested; (2) with respect to information relating to the immigration status, lawful or unlawful, of any person lawfully detained for the investigation of a criminal offense or arrested: (A) sending the information to or requesting or receiving the information from United States Citizenship and Immigration Services or United States Immigration and Customs Enforcement, including information regarding an individual's place of birth; (B) maintaining the information; or (C) exchanging the information with another federal, state, or local governmental entity; (3) assisting or cooperating with a federal immigration officer as reasonable and necessary, including providing enforcement assistance; or (4) permitting a federal immigration officer to enter and conduct enforcement activities at a municipal or county jail to enforce federal immigration laws. (d-1) An entity described by Subsection (a) or a person employed by or otherwise under the direction or control of the entity may not consider race, color, language, or national origin while enforcing the laws described by Subsection (c) except to the extent permitted by the United States Constitution or the Texas Constitution. (e) An entity described by Subsection (a) may not receive state grant funds if the entity adopts a rule, order, ordinance, or policy under which the entity prohibits the enforcement of the laws of this state or federal laws relating to Subsection (c) or, by consistent actions, prohibits the enforcement of the laws of this state or federal laws relating to Subsection (c). State grant funds for the entity shall be denied for the fiscal year following the year in which a final judicial determination in an action brought under this section is made that the entity has intentionally prohibited the enforcement of the laws of this state or federal laws relating to Subsection (c). (f) Any citizen residing in the jurisdiction of an entity described by Subsection (a) may file a complaint with the attorney general if the citizen offers evidence to support an allegation that the entity has adopted a rule, order, ordinance, or policy under which the entity prohibits the enforcement of the laws of this state or federal laws relating to Subsection (c) or that, by consistent actions, prohibits the enforcement of the laws of this state or federal laws relating to Subsection (c). The citizen must include with the complaint the evidence the citizen has that supports the complaint. (g) If the attorney general determines that a complaint filed under Subsection (f) against an entity described by Subsection (a) is valid, the attorney general may file a petition for a writ of mandamus or apply for other appropriate equitable relief in a district court in Travis County or in a county in which the principal office of an entity described by Subsection (a) is located to compel the entity that adopts a rule, order, ordinance, or policy under which the local entity prohibits the enforcement of the laws of this state or federal laws relating to Subsection (c) or that, by consistent actions, prohibits the enforcement of the laws of this state or federal laws relating to Subsection (c) to comply with Subsection (c). The attorney general may recover reasonable expenses incurred in obtaining relief under this subsection, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs. (h) An appeal of a suit brought under Subsection (g) is governed by the procedures for accelerated appeals in civil cases under the Texas Rules of Appellate Procedure. The appellate court shall render its final order or judgment with the least possible delay. SECTION 2. The heading to Chapter 370, Local Government Code, is amended to read as follows: CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO [MUNICIPAL AND COUNTY] HEALTH AND PUBLIC SAFETY APPLYING TO MORE THAN ONE TYPE OF LOCAL GOVERNMENT SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to the enforcement of state and federal laws governing immigration by certain governmental entities.
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Relating to the dispensing of certain drugs by physicians.
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AN ACT relating to the dispensing of certain drugs by physicians. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 158.001, Occupations Code, is amended by amending Subsection (b) and adding Subsection (d) to read as follows: (b) Except as provided by Subsection (d), a physician may dispense dangerous drugs to the physician's patients and charge the patients a reasonable fee for dispensing the drugs [This section does not permit a physician to operate a retail pharmacy] without complying with Chapter 558. Before dispensing a dangerous drug, the physician must notify the patient that the prescription for the dangerous drug may be filled at a pharmacy. A physician may not under this section dispense a Schedule II-V controlled substance as specified under Chapter 481, Health and Safety Code. The board shall adopt rules to establish a procedure for the dispensing of dangerous drugs by a physician. (d) Subsection (b) does not apply to workers' compensation insurance coverage as defined by Section 401.011, Labor Code. SECTION 2. Chapter 158, Occupations Code, is amended by adding Section 158.0011 to read as follows: Sec. 158.0011. DISPENSING OF DANGEROUS DRUGS FOR WORKERS' COMPENSATION INSURANCE COVERAGE IN CERTAIN RURAL AREAS. (a) In this section, "reimbursement for cost" means an additional charge, separate from that imposed for the physician's professional services, that includes the cost of the drug product and all other actual costs to the physician incidental to providing the dispensing service. The term does not include a separate fee imposed for the act of dispensing the drug itself. (b) This section applies to an area located in a county with a population of 5,000 or less, or in a municipality or an unincorporated town with a population of less than 2,500, that is within a 15-mile radius of the physician's office and in which a pharmacy is not located. This section does not apply to a municipality or an unincorporated town that is adjacent to a municipality with a population of 2,500 or more. (c) A physician who practices medicine in an area described by Subsection (b) may: (1) maintain a supply of dangerous drugs in the physician's office to be dispensed in the course of treating the physician's patients; and (2) be reimbursed for the cost of supplying those drugs without obtaining a license under Chapter 558. (d) A physician who dispenses dangerous drugs under Subsection (c) shall: (1) comply with each labeling provision under Subtitle Japplicable to that class of drugs; and (2) oversee compliance with packaging and recordkeeping provisions applicable to that class of drugs. (e) A physician who desires to dispense dangerous drugs under this section shall notify both the Texas State Board of Pharmacy and the board that the physician practices in an area described by Subsection (b). The physician may continue to dispense dangerous drugs in the area until the Texas State Board of Pharmacy determines, after notice and hearing, that the physician no longer practices in an area described by Subsection (b). SECTION 3. Subtitle B, Title 3, Occupations Code, is amended by adding Chapter 158A to read as follows: CHAPTER 158A. AUTHORITY OF PHYSICIAN TO PROVIDE ABORTION-INDUCING DRUGS Sec. 158A.001. DEFINITIONS. In this chapter: (1) "Abortion" means the act of using or prescribing an instrument, a medicine, a drug, or any other substance, device, or means with the intent to terminate a clinically diagnosable pregnancy of a woman and with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the woman's unborn child. An act is not an abortion if the act is done with the intent to: (A) save the life or preserve the health of an unborn child; (B) remove a dead, unborn child whose death was caused by spontaneous abortion; (C) remove an ectopic pregnancy; or (D) treat a maternal disease or illness for which the prescribed drug is indicated. (2) "Abortion-inducing drug" means a medicine, a drug, or any other substance prescribed or dispensed with the intent of terminating a clinically diagnosable pregnancy of a woman and with knowledge that the termination will, with reasonable likelihood, cause the death of the woman's unborn child. The term includes off-label use of drugs known to have abortion-inducing properties that are prescribed with the intent of causing an abortion, including misoprostol and methotrexate. The term does not include a drug that may be known to cause an abortion but is prescribed for other medical reasons. (3) "Drug label" means a pamphlet accompanying an abortion-inducing drug that: (A) outlines the protocol tested and authorized by the United States Food and Drug Administration and agreed to by the drug company applying for authorization of the drug by that agency; and (B) delineates how a drug is to be used according to approval by that agency. (4) "Gestational age" means the amount of time that has elapsed since the first day of a woman's last menstrual period. (5) "Medical abortion" means the use of abortion-inducing drugs to induce an abortion. (6) "Pregnant" means the female reproductive condition of having an unborn child in a woman's uterus. (7) "Unborn child" means an offspring of human beings from conception until birth. Sec. 158A.002. DISTRIBUTION OF ABORTION-INDUCING DRUG. (a) A person may not knowingly give, sell, dispense, administer, provide, or prescribe an abortion-inducing drug to a pregnant woman for the purpose of inducing an abortion in the pregnant woman or enabling another person to induce an abortion in the pregnant woman unless: (1) the person who gives, sells, dispenses, administers, provides, or prescribes the abortion-inducing drug is a physician; and (2) the provision or prescription of the abortion-inducing drug satisfies the protocol tested and authorized by the United States Food and Drug Administration as outlined in the abortion-inducing drug's drug label. (b) Before the physician gives, sells, dispenses, administers, provides, or prescribes the abortion-inducing drug, the physician must examine the pregnant woman and document, in the woman's medical record, the gestational age and intrauterine location of the pregnancy. (c) The physician who gives, sells, dispenses, administers, provides, or prescribes the abortion-inducing drug shall provide the pregnant woman with a copy of the abortion-inducing drug's drug label. (d) The physician who gives, sells, dispenses, administers, provides, or prescribes the abortion-inducing drug must: (1) have a signed contract with another physician who agrees to treat emergencies arising from use of the drug; and (2) produce the signed contract on demand by the pregnant woman or the board. (e) The physician who gives, sells, dispenses, administers, provides, or prescribes the abortion-inducing drug shall provide the pregnant woman with the name and phone number of: (1) the physician who would treat an emergency arising from use of the drug; and (2) the hospital at which an emergency arising from use of the drug would be treated. (f) A physician who contracts to treat an emergency arising from use of an abortion-inducing drug must have active admitting, gynecological, and surgical privileges at the hospital designated to treat the emergency. (g) The physician who gives, sells, dispenses, administers, provides, or prescribes the abortion-inducing drug or the physician's agent must schedule a follow-up visit for the woman to occur not more than 14 days after the administration of the drug. At the follow-up visit, the physician must: (1) confirm that the pregnancy is completely terminated; and (2) assess the degree of bleeding. (h) The physician who gives, sells, dispenses, administers, provides, or prescribes the abortion-inducing drug or the physician's agent shall make a reasonable effort to ensure that the woman returns for the scheduled appointment. The physician or the physician's agent shall include a brief description of any effort made to comply with this subsection, including the date, time, and name of the person making the effort, in the woman's medical record. (i) If a physician provides an abortion-inducing drug to a pregnant woman for the purpose of inducing an abortion as authorized by this section and the physician knows that the woman experiences a serious adverse event, as defined by the MedWatch Reporting System, during or after using the drug, the physician shall report the event to the United States Food and Drug Administration through the MedWatch Reporting System within three days of the event. Sec. 158A.003. PENALTY. A penalty may not be assessed under this subtitle against a pregnant woman who receives a medical abortion. SECTION 4. Section 164.052(a), Occupations Code, is amended to read as follows: (a) A physician or an applicant for a license to practice medicine commits a prohibited practice if that person: (1) submits to the board a false or misleading statement, document, or certificate in an application for a license; (2) presents to the board a license, certificate, or diploma that was illegally or fraudulently obtained; (3) commits fraud or deception in taking or passing an examination; (4) uses alcohol or drugs in an intemperate manner that, in the board's opinion, could endanger a patient's life; (5) commits unprofessional or dishonorable conduct that is likely to deceive or defraud the public, as provided by Section 164.053, or injure the public; (6) uses an advertising statement that is false, misleading, or deceptive; (7) advertises professional superiority or the performance of professional service in a superior manner if that advertising is not readily subject to verification; (8) purchases, sells, barters, or uses, or offers to purchase, sell, barter, or use, a medical degree, license, certificate, or diploma, or a transcript of a license, certificate, or diploma in or incident to an application to the board for a license to practice medicine; (9) alters, with fraudulent intent, a medical license, certificate, or diploma, or a transcript of a medical license, certificate, or diploma; (10) uses a medical license, certificate, or diploma, or a transcript of a medical license, certificate, or diploma that has been: (A) fraudulently purchased or issued; (B) counterfeited; or (C) materially altered; (11) impersonates or acts as proxy for another person in an examination required by this subtitle for a medical license; (12) engages in conduct that subverts or attempts to subvert an examination process required by this subtitle for a medical license; (13) impersonates a physician or permits another to use the person's license or certificate to practice medicine in this state; (14) directly or indirectly employs a person whose license to practice medicine has been suspended, canceled, or revoked; (15) associates in the practice of medicine with a person: (A) whose license to practice medicine has been suspended, canceled, or revoked; or (B) who has been convicted of the unlawful practice of medicine in this state or elsewhere; (16) performs or procures a criminal abortion, aids or abets in the procuring of a criminal abortion, attempts to perform or procure a criminal abortion, or attempts to aid or abet the performance or procurement of a criminal abortion; (17) directly or indirectly aids or abets the practice of medicine by a person, partnership, association, or corporation that is not licensed to practice medicine by the board; (18) performs an abortion on a woman who is pregnant with a viable unborn child during the third trimester of the pregnancy unless: (A) the abortion is necessary to prevent the death of the woman; (B) the viable unborn child has a severe, irreversible brain impairment; or (C) the woman is diagnosed with a significant likelihood of suffering imminent severe, irreversible brain damage or imminent severe, irreversible paralysis; [or] (19) performs an abortion on an unemancipated minor without the written consent of the child's parent, managing conservator, or legal guardian or without a court order, as provided by Section 33.003 or 33.004, Family Code, authorizing the minor to consent to the abortion, unless the physician concludes that on the basis of the physician's good faith clinical judgment, a condition exists that complicates the medical condition of the pregnant minor and necessitates the immediate abortion of her pregnancy to avert her death or to avoid a serious risk of substantial impairment of a major bodily function and that there is insufficient time to obtain the consent of the child's parent, managing conservator, or legal guardian;or (20) violates Chapter 158A.SECTION 5. Section 551.004(b), Occupations Code, is amended to read as follows: (b) This subtitle does not prevent a practitioner from:(1) administering a drug to a patient of the practitioner;or (2) supplying dangerous drugs to a patient as provided by Section 158.001(b).SECTION 6. Section 158.003, Occupations Code, is repealed. SECTION 7. (a) The Texas Medical Board shall adopt rules to implement Section 158.001(b), Occupations Code, as amended by this Act, not later than December 1, 2011. (b) The changes in law made by Sections 158.001 and 551.004, Occupations Code, as amended by this Act, and Section 158.0011, Occupations Code, as added by this Act, apply to the dispensing of a dangerous drug by a physician on or after December 1, 2011. The dispensing of a dangerous drug before December 1, 2011, is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose. (c) The changes in law made by Chapter 158A, Occupations Code, as added by this Act, apply only to the provision or prescription of an abortion-inducing drug on or after the effective date of this Act. The provision or prescription of an abortion-inducing drug before the effective date of this Act is governed by the law in effect at the time the drug was provided or prescribed, and the former law is continued in effect for that purpose. SECTION 8. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to the dispensing of certain drugs by physicians.
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In memory of U.S. Army Chief Warrant Officer 2 Bradley Justin Gaudet of Gladewater.
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WHEREAS, The family and friends of U.S. Army Chief Warrant Officer 2 Bradley Justin Gaudet of Gladewater have suffered a grievous loss with his passing in Afghanistan on June 5, 2011, at the age of 31; and WHEREAS, Chief Warrant Officer Gaudet was assigned to the 1st Battalion, 10th Aviation Regiment, 10th Combat Aviation Brigade, 10th Mountain Division; a Kiowa Warrior helicopter pilot, he was serving his first tour of duty in Afghanistan, having previously completed two tours in Iraq; Chief Warrant Officer Gaudet was mortally injured in a helicopter crash during combat operations in Khost Province; and WHEREAS, Brad Gaudet attended Gladewater High School, where he played on numerous sports teams; he joined the army reserve during his junior year and attended his first boot camp the following summer; ever since childhood he had dreamed of becoming a pilot, and after serving in the reserve he enlisted in the army, where he was able to achieve his goal; at his home base, Fort Drum, New York, he was assigned to the Sixth Cavalry Regiment, Squadron Six; and WHEREAS, This courageous, exuberant young man took the challenges of his work in his stride; he was sustained in his difficult mission by his strong faith and by his deep commitment to advancing the cause of freedom; and WHEREAS, Brad Gaudet was the devoted husband of Ginny Gaudet and the proud father of two daughters, Tealie and Addison; and WHEREAS, Through his unfaltering dedication to duty, his fellow soldiers, and this country, Chief Warrant Officer Gaudet reflected the highest ideals of the United States Army, and those who shared in the warmth of his love and affection will forever hold him close in their hearts; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas, 1st Called Session, hereby pay tribute to the life of Chief Warrant Officer 2 Bradley Justin Gaudet and extend sincere sympathy to the members of his family: to his wife, Ginny Gaudet; to his daughters, Tealie and Addison; to his mother and stepfather, Rhonda and Scott Owens; to his father, Ronnie Gaudet; to his six siblings; and to his other relatives and many friends; and, be it further RESOLVED, That an official copy of this resolution be prepared for his family and that when the Texas House of Representatives and Senate adjourn this day, they do so in memory of Chief Warrant Officer 2 Bradley Justin Gaudet. Hughes Simpson White Straus Gonzales of Williamson Morrison Aliseda Gonzalez Munoz, Jr. Allen Gooden Murphy Alonzo Guillen Naishtat Alvarado Gutierrez Nash Anchia Hamilton Oliveira Anderson of Dallas Hancock Orr Anderson of McLennan Hardcastle Otto Aycock Harless Parker Beck Harper-Brown Patrick Berman Hartnett Paxton Bohac Hernandez Luna Pena Bonnen Hilderbran Perry Branch Hochberg Phillips Brown Hopson Pickett Burkett Howard of Fort Bend Pitts Burnam Howard of Travis Price Button Huberty Quintanilla Cain Hughes Raymond Callegari Hunter Reynolds Carter Isaac Riddle Castro Jackson Ritter Chisum Johnson Rodriguez Christian Keffer Schwertner Coleman King of Parker Scott Cook King of Taylor Sheets Craddick King of Zavala Sheffield Creighton Kleinschmidt Shelton Crownover Kolkhorst Simpson Darby Kuempel Smith of Harris Davis of Dallas Landtroop Smith of Tarrant J. Davis of Harris Larson Smithee S. Davis of Harris Laubenberg Solomons Deshotel Lavender Strama Driver Legler Taylor of Collin Dukes Lewis Taylor of Galveston Dutton Lozano Thompson Eiland Lucio III Torres Eissler Lyne Truitt Elkins Madden Turner Farias Mallory Caraway Veasey Farrar Margo Villarreal Fletcher Marquez Vo Flynn Martinez Walle Frullo Martinez Fischer Weber Gallego McClendon White Garza Menendez Woolley Geren Miles Workman Giddings Miller of Comal Zedler Gonzales of Hidalgo Miller of Erath Zerwas President of the Senate Speaker of the House I certify that H.C.R. No. 19 was unanimously adopted by a rising vote of the House on June 21, 2011. Chief Clerk of the House I certify that H.C.R. No. 19 was unanimously adopted by a rising vote of the Senate on June 27, 2011. Secretary of the Senate APPROVED: Date Governor
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In memory of U.S. Army Chief Warrant Officer 2 Bradley Justin Gaudet of Gladewater.
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Urging the federal government to grant a conditional green card to certain noncitizens to allow them to enlist in the United States armed forces and urging the federal government to award citizenship to these immigrants upon the completion of four years of honorable military service.
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WHEREAS, The United States is a nation of immigrants who have built the greatest democracy in the history of mankind; and WHEREAS, The United States at many times during its history has allowed noncitizens to earn citizenship through honorable service in its armed forces; and WHEREAS, Thousands of undocumented children have received a high school degree in Texas and are eager to serve in the United States armed forces, but are ineligible because they were brought to the United States illegally; and WHEREAS, Approximately 40,000 noncitizens with visas or green cards are currently serving loyally in the United States armed forces; and WHEREAS, Many noncitizens serving in the United States armed forces have given their lives in Iraq and Afghanistan during the last 10 years; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas, 1st Called Session, hereby respectfully urge the federal government to grant a conditional green card to noncitizens who (1) have received a high school diploma in the United States, and (2) arrived in this country before the age of 16, to allow them to enlist in the United States armed forces, if otherwise qualified; and, be it further RESOLVED, That the Texas Legislature urge the federal government to award citizenship to these patriotic immigrants upon the completion of four years of honorable service in the United States armed forces; and, be it further RESOLVED, That the Texas secretary of state forward official copies of this resolution to the president of the United States, to the president of the Senate and the speaker of the House of Representatives of the United States Congress, to the secretary of defense, and to all the members of the Texas delegation to Congress with the request that this resolution be entered in the Congressional Record as a memorial to the Congress of the United States of America.
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Urging the federal government to grant a conditional green card to certain noncitizens to allow them to enlist in the United States armed forces and urging the federal government to award citizenship to these immigrants upon the completion of four years of honorable military service.
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Congratulating the baseball team of Brazoswood High School in Clute on winning the 2011 UIL 5A state championship.
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WHEREAS, The baseball team of Brazoswood High School in Clute won the University Interscholastic League 5A state championship on June 11, 2011, at the Dell Diamond in Round Rock, capping a spectacular season and giving its school its third state baseball title; and WHEREAS, The Buccaneers came to epitomize teamwork, dedication, and skill as they finished their year with a 34-8 record; although they were considered the underdog in games against powerhouse teams from Houston Lamar, Houston Memorial, and Klein High Schools in postseason competition, they bested both Lamar and Memorial without losing a single game and pulled off a dramatic come-from-behind win in the state tournament semifinals against Klein; they went on to dominate every inning in their 10-3 championship game against Lubbock Coronado to complete the playoffs with 12 straight victories; and WHEREAS, Many on the Brazoswood team had played together for 11 years, always with the dream of making it to the state tournament; in a gesture reflecting their determined focus, they had written "State 2011" on the inside of their caps to remind them daily of their goal; and WHEREAS, A group that emphasized solid baseball fundamentals and hard work, the Buccaneers benefited from the contributions of each individual player, with someone different stepping up to deliver a game-changing performance in every contest; and WHEREAS, The Brazoswood team was encouraged all season long by a tremendous outpouring of community support, with everyone from 87-year-old grandmothers to excited classmates chanting "We are B'Wood" throughout every inning; and WHEREAS, Buccaneers who were honored for their fine play in the state tournament are William Renner, who earned the Most Valuable Player award, and Brandon Bergen, William Easter, Dalton Perry, and James Cantu, who were also named to the All-Tournament team; and WHEREAS, Throughout the season, the Buccaneers received an outstanding effort from each member of the roster, which also included Eddie Esquivel, Jacob Reed, Jorge Gonzalez, Scott Lapier, Colby Alexander, Justin Dellinger, A. J. Angelone, Ethan Stremmel, Josh Ward, Blake Jones, Zak Trevino, Bobby Franklin, Evan Hundl, John Ermis, Michael Pyeatt, Dominikk Mottu-Branch, Ryan Rios, and Trevor Valigura; the players were guided by head coach Bobby Williams, who claimed his first state title, assistant coaches Mike Cressman and Josh Cathcart, junior varsity coach Chris Nabors, sophomore coach David Cowley, and freshman coach Javier Solis; vital support was further provided by trainers Lauren DeLaTorre, Blake Lapier, Willie Caines, and Bobby Jack Caines, athletic director Jesse Crow, and principal Steve Snell; and WHEREAS, Achieving such a challenging goal required each of the team's talented athletes to perform at the top of his game, and this triumph is both a fitting culmination to the Buccaneers' many years of hard work and a powerful testament to their unwavering resolve and indomitable spirit; in winning the coveted state crown, these young champions have distinguished themselves as formidable competitors and brought recognition and an enormous sense of pride to their school, as well as to the Brazosport community and all of Brazoria County; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas, 1st Called Session, hereby congratulate the Brazoswood High School Buccaneers on winning the 2011 UIL 5A state baseball championship and extend sincere best wishes to the players, coaches, and staff for continued success; and, be it further RESOLVED, That an official copy of this resolution be prepared for the Brazoswood Buccaneers as an expression of high regard by the Texas House of Representatives and Senate. Bonnen President of the Senate Speaker of the House I certify that H.C.R. No. 26 was adopted by the House on June 27, 2011, by a non-record vote. Chief Clerk of the House I certify that H.C.R. No. 26 was adopted by the Senate on June 27, 2011, by a viva-voce vote. Secretary of the Senate APPROVED: Date Governor
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Congratulating the baseball team of Brazoswood High School in Clute on winning the 2011 UIL 5A state championship.
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Urging Congress to take appropriate action to ensure acceptable treatment of the public by personnel of the Transportation Security Administration.
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WHEREAS, The citizens of this state and nation are protected from unreasonable search and seizure by the Fourth Amendment to the United States Constitution; and WHEREAS, Actions by agents of the Transportation Security Administration have subjected members of the public, before they may board airplanes or access certain public buildings, to intrusive pat downs that extend beyond the bounds of normal propriety; and WHEREAS, Although TSA has acknowledged its overreaching policy by making a change related to screening children, much more progress needs to be made; and WHEREAS, While recognizing that the security of this nation is paramount, and that all reasonable measures must be taken to protect the public, treating all travelers, including senior citizens and disabled individuals, as serious threats in no way contributes to this nation's safety; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas, 1st Called Session, hereby respectfully urge the Congress of the United States to take appropriate action to ensure acceptable treatment of the public by personnel of the Transportation Security Administration; and, be it further RESOLVED, That the Texas secretary of state forward official copies of this resolution to the president of the United States, to the speaker of the house of representatives and the president of the senate of the United States Congress, to the administrator of the Transportation Security Administration, and to all the members of the Texas delegation to the congress with the request that this resolution be officially entered in the Congressional Record as a memorial to the Congress of the United States of America.
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Urging Congress to take appropriate action to ensure acceptable treatment of the public by personnel of the Transportation Security Administration.
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Congratulating the Dallas Mavericks on winning the 2011 NBA championship.
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WHEREAS, The Dallas Mavericks have achieved the pinnacle of success by winning the 2011 NBA championship, clinching the title with a decisive 105-95 victory in Game 6 of the series on June 12; and WHEREAS, In a spectacular demonstration of teamwork, the Mavericks defeated the Miami Heat four games to two; the Dallas squad executed at both ends of the court throughout the finals, neutralizing its highly touted opponents with a savvy, unpredictable defense and lighting up the scoreboard with a versatile offense; and WHEREAS, The deciding game provided a showcase for the Mavs multifaceted attack; guard Jason Terry led the team with 27 points and gave a shooting clinic in the first half with a red-hot 8 for 10 run; breaking loose in the fourth quarter, forward Dirk Nowitzki delivered 10 of his 21 points in the final 8 minutes, including the jump shot that sealed the fate of the Heat; guard J. J. Barea contributed 15 points and forward Shawn Marion had 12, while the relentless Mavericks defense shut down key opposing players and forced 17 turnovers that were converted into 27 points; Mr. Nowitzki was named the Most Valuable Player of the series after racking up an average of 26 points and 9.7 rebounds per game and finishing off opponents with thrilling displays of fourth-quarter dominance; and WHEREAS, Joining an elite group, coach Rick Carlisle, a former Boston Celtic guard, became one of only eleven individuals to win an NBA title as both a player and a head coach; he deftly adjusted the Dallas game plan after the third game of the series, and his bold decision to alter the lineup was revealed as a masterstroke; Mr. Barea caught fire in his new role as a starting guard, and DeShawn Stevenson provided vital support to the defensive juggernaut of Tyson Chandler, Mr. Marion, and Jason Kidd as they turned down the Heat; and WHEREAS, The Dallas Mavericks captured the first NBA championship trophy in the history of the franchise by relying on old-school team play, resourceful strategy, and clutch performances; exhibiting selflessness and true camaraderie, they won the hearts of their loyal fans throughout the Lone Star State and won many new admirers across the country with their inspiring performance; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas, 1st Called Session, hereby congratulate the Dallas Mavericks on winning the 2011 NBA championship and extend to the players, the coaches, the staff, and owner Mark Cuban sincere best wishes for continued success; and, be it further RESOLVED, That an official copy of this resolution be prepared for the team as an expression of high regard by the Texas House of Representatives and Senate. Branch Giddings Alonzo Davis of Dallas Button Straus Gonzales of Williamson Morrison Aliseda Gonzalez Munoz, Jr. Allen Gooden Murphy Alonzo Guillen Naishtat Alvarado Gutierrez Nash Anchia Hamilton Oliveira Anderson of Dallas Hancock Orr Anderson of McLennan Hardcastle Otto Aycock Harless Parker Beck Harper-Brown Patrick Berman Hartnett Paxton Bohac Hernandez Luna Pena Bonnen Hilderbran Perry Branch Hochberg Phillips Brown Hopson Pickett Burkett Howard of Fort Bend Pitts Burnam Howard of Travis Price Button Huberty Quintanilla Cain Hughes Raymond Callegari Hunter Reynolds Carter Isaac Riddle Castro Jackson Ritter Chisum Johnson Rodriguez Christian Keffer Schwertner Coleman King of Parker Scott Cook King of Taylor Sheets Craddick King of Zavala Sheffield Creighton Kleinschmidt Shelton Crownover Kolkhorst Simpson Darby Kuempel Smith of Harris Davis of Dallas Landtroop Smith of Tarrant J. Davis of Harris Larson Smithee S. Davis of Harris Laubenberg Solomons Deshotel Lavender Strama Driver Legler Taylor of Collin Dukes Lewis Taylor of Galveston Dutton Lozano Thompson Eiland Lucio III Torres Eissler Lyne Truitt Elkins Madden Turner Farias Mallory Caraway Veasey Farrar Margo Villarreal Fletcher Marquez Vo Flynn Martinez Walle Frullo Martinez Fischer Weber Gallego McClendon White Garza Menendez Woolley Geren Miles Workman Giddings Miller of Comal Zedler Gonzales of Hidalgo Miller of Erath Zerwas President of the Senate Speaker of the House I certify that H.C.R. No. 21 was adopted by the House on June 28, 2011, by a non-record vote. Chief Clerk of the House I certify that H.C.R. No. 21 was adopted by the Senate on June 28, 2011, by a viva-voce vote. Secretary of the Senate APPROVED: Date Governor
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Congratulating the Dallas Mavericks on winning the 2011 NBA championship.
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Relating to a county HIV and AIDS services Medicaid waiver program.
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AN ACT relating to a county HIV and AIDS services Medicaid waiver program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.09721 to read as follows: Sec. 531.09721. COUNTY HIV AND AIDS 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 counties in the state with the flexibility to provide benefits under the Medicaid program to individuals who: (1) have a net family income that is at or below 150 percent of the federal poverty level; and (2) are eligible to receive medical treatment for HIV or AIDS through the county. (b) In establishing the waiver program required 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. SECTION 2. This Act takes effect on the 91st day after the last day of the legislative session.
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Relating to a county HIV and AIDS services Medicaid waiver program.
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Commending the members of the Texas Supreme Court for their actions in support of legal aid services and honoring them for their work in promoting access to justice for the state's most vulnerable citizens.
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WHEREAS, Access to the courts is crucial for individuals seeking justice, such as victims of domestic violence, veterans wrongly denied their benefits, and families improperly evicted from their homes, and the integrity of the civil justice system demands that this access be available to every Texan, regardless of individual financial circumstances; and WHEREAS, Today, some 5.7 million residents of the Lone Star State, including many who are elderly and disabled, qualify for legal aid, yet funding serves less than a fourth of those in need; and WHEREAS, Members of the Texas Supreme Court have strongly advocated for adequate funding to ensure that all citizens have equal access to the civil justice system, and their efforts have increased awareness of the importance of legal aid and the necessity for coordination and support of pro bono work by members of the State Bar of Texas; and WHEREAS, These endeavors are greatly benefitting innumerable Texans and advancing the cause of justice throughout the Lone Star State; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas, 1st Called Session, hereby commend the members of the Texas Supreme Court for their actions in support of legal aid services and honor them for their work in promoting access to justice for the state's most vulnerable citizens; and, be it further RESOLVED, That an official copy of this resolution be prepared for the Texas Supreme Court as an expression of high regard by the Texas House of Representatives and Senate. Madden Hartnett Pitts Straus Gonzales of Williamson Morrison Aliseda Gonzalez Munoz, Jr. Allen Gooden Murphy Alonzo Guillen Naishtat Alvarado Gutierrez Nash Anchia Hamilton Oliveira Anderson of Dallas Hancock Orr Anderson of McLennan Hardcastle Otto Aycock Harless Parker Beck Harper-Brown Patrick Berman Hartnett Paxton Bohac Hernandez Luna Pena Bonnen Hilderbran Perry Branch Hochberg Phillips Brown Hopson Pickett Burkett Howard of Fort Bend Pitts Burnam Howard of Travis Price Button Huberty Quintanilla Cain Hughes Raymond Callegari Hunter Reynolds Carter Isaac Riddle Castro Jackson Ritter Chisum Johnson Rodriguez Christian Keffer Schwertner Coleman King of Parker Scott Cook King of Taylor Sheets Craddick King of Zavala Sheffield Creighton Kleinschmidt Shelton Crownover Kolkhorst Simpson Darby Kuempel Smith of Harris Davis of Dallas Landtroop Smith of Tarrant J. Davis of Harris Larson Smithee S. Davis of Harris Laubenberg Solomons Deshotel Lavender Strama Driver Legler Taylor of Collin Dukes Lewis Taylor of Galveston Dutton Lozano Thompson Eiland Lucio III Torres Eissler Lyne Truitt Elkins Madden Turner Farias Mallory Caraway Veasey Farrar Margo Villarreal Fletcher Marquez Vo Flynn Martinez Walle Frullo Martinez Fischer Weber Gallego McClendon White Garza Menendez Woolley Geren Miles Workman Giddings Miller of Comal Zedler Gonzales of Hidalgo Miller of Erath Zerwas President of the Senate Speaker of the House I certify that H.C.R. No. 22 was adopted by the House on June 27, 2011, by a non-record vote. Chief Clerk of the House I certify that H.C.R. No. 22 was adopted by the Senate on June 27, 2011, by a viva-voce vote. Secretary of the Senate APPROVED: Date Governor
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Commending the members of the Texas Supreme Court for their actions in support of legal aid services and honoring them for their work in promoting access to justice for the state's most vulnerable citizens.
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Relating to required individual health insurance coverage.
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AN ACT relating to required individual health insurance coverage. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle A, Title 8, Insurance Code, is amended by adding Chapter 1220 to read as follows: CHAPTER 1220. INDIVIDUAL HEALTH INSURANCE COVERAGE NOT REQUIRED Sec. 1220.001. COVERAGE MANDATE PROHIBITED; EXCEPTIONS. (a) Except as provided by Subsections (b) and (c), an individual may not be required to obtain or maintain coverage under an individual health insurance policy. (b) Subsection (a) does not apply to an individual who is required to obtain or maintain health benefit plan coverage: (1) by an institution of higher education at which the individual is or will be enrolled as a student; or (2) under an order requiring medical support for a child. (c) Subsection (a) does not apply to an individual voluntarily applying for benefits under a state-administered program under Title XIX, Social Security Act (42 U.S.C. Section 1396 et seq.), or Title XXI, Social Security Act (42 U.S.C. Section 1397aa et seq.). Sec. 1220.002. PENALTY PROHIBITED. (a) Except as provided by Subsection (b), a fine or penalty may not be imposed on an individual if the individual chooses not to obtain or maintain coverage under an individual health insurance policy. (b) Subsection (a) does not apply to a fine or penalty imposed on an individual described in Section 1220.001(b) for the individual's failure to obtain or maintain health benefit plan coverage. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to required individual health insurance coverage.
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In memory of Stacy Furdek of Lubbock.
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WHEREAS, Stacy Furdek of Lubbock passed away on May 26, 2011, at the age of 45, leaving her circle of family and friends to cherish their many happy memories of time spent in her company; and WHEREAS, The daughter of Jim and Diana Richards, the former Stacy Rene Richards was born in Lubbock on October 29, 1965; she graduated from Odessa Permian High School and earned her master's degree in English/American literature from Texas Tech University; after teaching English at Mackenzie Middle School, she joined the faculty at Frenship High School, and she also taught at the Smith Unit in Lamesa; her experience there led her to work with the Lubbock County Jail to develop a GED program for prisoners; in addition, she was a freelance writer and was conducting research for a book on women on death row; and WHEREAS, She married Stephen Furdek in Lubbock on June 1, 1998, and welcomed his son, Nicholas, as her first child; on August 16, 2000, the couple became the parents of Christopher, who inherited his mother's blue eyes and blond hair; Ms. Furdek was devoted to her children and adored taking Christopher to see his grandmother and on camping trips; generous and compassionate, she reached out to those who were suffering and offered love and hope to all those in need; any stray pet who came her way found a new home and tender care, and she instilled concern for the well-being of animals in her sons; and WHEREAS, Stacy Furdek brought joy to innumerable people through her wonderful sense of humor and great kindness; although she will be deeply missed, she will forever hold a special place in the hearts of those who were fortunate enough to know her; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas, 1st Called Session, hereby pay tribute to the life of Stacy Richards Furdek and extend sincere condolences to the members of her family: to her husband, Stephen Furdek; to her sons, Nicholas and Christopher Furdek; to her father, Jim Richards, and his wife, Debbie; to her mother, Diana Meyer, and her husband, Kelly; to her sister, Cindy Nottingham, and her husband, David; to her nephew, Tristan Nottingham; to her niece, Marissa Nottingham; to her grandfather, James Richards, and his wife, Florence; and to her other relatives and friends; and, be it further RESOLVED, That an official copy of this resolution be prepared for her family and that when the Texas Senate and House of Representatives adjourn this day, they do so in memory of Stacy Richards Furdek.
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In memory of Stacy Furdek of Lubbock.
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Relating to drug testing of certain persons seeking financial assistance benefits.
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AN ACT relating to drug testing of certain persons seeking financial assistance benefits. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 31, Human Resources Code, is amended by adding Section 31.0321 to read as follows: Sec. 31.0321. DRUG TESTING AND ELIGIBILITY. (a) In this section, "controlled substance" has the meaning assigned by Chapter 481, Health and Safety Code. (b) Each adult applicant, excluding an applicant applying solely on behalf of a child, for financial assistance benefits must submit to a drug test to establish the applicant's eligibility for those benefits. (c) A person whose drug test conducted under this section indicates the presence in the person's body of a controlled substance not prescribed for the person by a health care practitioner is ineligible for financial assistance for a period of 12 months from the date the department receives the test results. (d) Before denying financial assistance under this section, the department must: (1) notify the person of the results of the drug test and the department's proposed determination of ineligibility; (2) confirm the results of the drug test through a second drug test or other appropriate method; and (3) provide the person with an opportunity for a public hearing concerning the results of the drug test. (e) The denial of financial assistance to an adult applicant under this section does not affect the eligibility of the person's child or other household members for financial assistance. (f) The department shall prepare and submit an annual report to the legislature that contains information on: (1) the number of persons required to submit to a drug test under this section; (2) the number of persons who actually submitted to a drug test under this section; and (3) the number of persons denied financial assistance because of the results of a drug test required under this section. (g) The report required under Subsection (f): (1) may be submitted electronically; and (2) must be made available to the public on the Health and Human Services Commission's Internet website. (h) The executive commissioner of the Health and Human Services Commission shall adopt rules implementing this section. SECTION 2. Section 31.0321, Human Resources Code, as added by this Act, applies only to an application for an initial determination of eligibility for financial assistance under Chapter 31, Human Resources Code, submitted on or after the effective date of this Act. An application for an initial determination of eligibility for financial assistance submitted before the effective date of this Act, and any application for a redetermination of that eligibility submitted before, on, or after the effective date of this Act, is governed by the law in effect immediately before the effective date of this Act, and that law is continued in effect for that purpose. SECTION 3. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted. SECTION 4. This Act takes effect on the 91st day after the last day of the legislative session.
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Relating to drug testing of certain persons seeking financial assistance benefits.
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Urging Congress to enact an overhaul of the immigration system.
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WHEREAS, Our nation's immigration system is inefficient and badly flawed, and a complete overhaul is urgently needed to protect our borders and ensure our future economic prosperity; and WHEREAS, The United States Congress last passed major immigration legislation a quarter-century ago; the Immigration Reform and Control Act of 1986 failed to solve the problem of illegal immigration, and subsequent piecemeal attempts at reform have failed to create a rational and effective system; and WHEREAS, Current immigration channels are rigid and cumbersome, and as a consequence, smugglers enjoy a thriving market that puts great pressure on our borders; not only do too many people enter the country illegally, but there is no way to track whether the millions who enter on valid visas actually depart when those visas expire; moreover, employers are burdened by a complicated and inflexible system for verifying the immigration status of potential employees, and unscrupulous employers who recruit and exploit undocumented workers have little fear of punishment; immigration enforcement often targets ordinary workers and their families, diverting resources and personnel from efforts to protect against genuine threats to national security; and WHEREAS, Today, the U.S. economy is inextricably linked to the global economy, and globalization has increased the importance of labor mobility; businesses need to be able to plan for growth as world economic conditions improve, but obsolete immigration policies make it difficult to prepare to compete in the global marketplace; furthermore, while the American workforce has become older and better educated, industries such as agriculture continue to require large numbers of workers able and willing to perform physically demanding jobs; and WHEREAS, Two recent studies, by the Cato Institute and the Center for American Progress with the Immigration Policy Center, indicate that a complete overhaul of our system of immigration would boost the economy by $180 billion or more annually by raising the productivity of immigrant workers and expanding activity throughout the economy; and WHEREAS, A true 21st-century immigration system would focus on both the border and the workplace, establishing smart enforcement policies and safeguards while creating legal immigration channels that are flexible and serve our economic interests; a complete overhaul should address the terms and conditions of admission to and presence in this country, promote the use of reliable and verifiable forms of worker identification, and eliminate country of origin preferences; the violation of immigration laws should be disincentivized, and employers and prospective immigrants who have followed laws and procedures should be rewarded; in addition, this overhaul must protect the rights and equality of all United States citizens, including children; and WHEREAS, Our national interests are poorly served by our broken, embattled, and outdated immigration system, and patchwork attempts to mend its deficiencies will not secure our borders or prepare us to meet the challenges of an increasingly complex global economy; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas hereby urge the United States Congress to swiftly enact a complete overhaul of our system of immigration that promotes our economic prosperity and national security; and, be it further RESOLVED, That the Texas secretary of state forward official copies of this resolution to the president of the United States, to the president of the Senate and the speaker of the House of Representatives of the United States Congress, and to all the members of the Texas delegation to Congress with the request that this resolution be entered in the Congressional Record as a memorial to the Congress of the United States of America.
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Urging Congress to enact an overhaul of the immigration system.
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Instructing the enrolling clerk of the senate to make corrections in S.B. No. 7.
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WHEREAS, Senate Bill No. 7 has been adopted by the senate and the house of representatives; and WHEREAS, The bill contains technical errors that should be corrected; now, therefore, be it RESOLVED by the 82nd Legislature of the State of Texas, 1st Called Session, That the enrolling clerk of the senate be instructed to make the following correction to Senate Bill No. 7 (corrected conference committee report printing): In SECTION 16.01 of the bill (page 185, line 22), between "of any required" and "and execution of any necessary contract", insert "waivers or state plan amendments, and the preparati on". Zerwas President of the Senate Speaker of the House I certify that H.C.R. No. 25 was adopted by the House on June 27, 2011, by the following vote: Yeas 139, Nays 1, 1 present, not voting. Chief Clerk of the House I certify that H.C.R. No. 25 was adopted by the Senate on June 27, 2011, by the following vote: Yeas 27, Nays 3. Secretary of the Senate APPROVED: Date Governor
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Instructing the enrolling clerk of the senate to make corrections in S.B. No. 7.
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In memory of Joseph Patrick Cassidy of Panhandle.
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WHEREAS, A full and productive life drew to a close with the passing of Joseph Patrick Cassidy of Panhandle on May 23, 2011, at the age of 81; and WHEREAS, The son of Pat and Mildred Cassidy, Joe Cassidy was born in Napavine, Washington, on February 28, 1930; he graduated as valedictorian of his high school class and served his country in the United States Air Force; he married Ann Margaret Cassidy on September 17, 1955, and worked full-time to support his family while earning his bachelor's degree in physics at West Texas State University; the proud father of three children, Susan, John, and Jay, he eventually knew the joy of welcoming six grandchildren into his family; after the death of Ann Cassidy, he was fortunate enough to find love a second time with Lei Shuang Cassidy; and WHEREAS, In his professional life, Mr. Cassidy was employed for 34 years as a scientist at the Pantex Plant, the nation's only nuclear weapons assembly and disassembly facility, and he became head of the testing and x-ray departments and chemistry lab; in addition, he owned and operated a farm and several businesses, including Cassidy Rentals and Cassidy Insulation, and he and his sons were co-owners of a self-storage company, TriCas, Inc.; and WHEREAS, Mr. Cassidy served as president of the PTA, and he taught Sunday school at the First United Methodist Church of Panhandle for more than 20 years; with the help of his children, he built both the family home and a lake house at the Greenbelt Reservoir near Clarendon; he enjoyed reading, history, and travel, and he had an appreciation for classic cars, such as his black 1941 Cadillac; and WHEREAS, Although Joe Cassidy will be deeply missed, cherished memories of time spent in his company will long endure in the hearts of his loved ones; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas, 1st Called Session, hereby pay tribute to the life of Joseph Patrick Cassidy and extend sincere condolences to the members of his family: to his wife, Lei Shuang Cassidy; to his sons, John Cassidy and Jay Cassidy and his wife, Alison; to his grandchildren, Cassie Daniel and Rachel, Andrew, Ryan, Hunter, and Kaitlyn Cassidy; to his nephew, Mike Cassidy; and to his other relatives and friends; and, be it further RESOLVED, That an official copy of this resolution be prepared for his family and that when the Texas House of Representatives and Senate adjourn this day, they do so in memory of Joseph Patrick Cassidy. Cain Chisum Hughes Landtroop Laubenberg Perry Price Smithee President of the Senate Speaker of the House I certify that H.C.R. No. 24 was unanimously adopted by a rising vote of the House on June 28, 2011. Chief Clerk of the House I certify that H.C.R. No. 24 was unanimously adopted by a rising vote of the Senate on June 28, 2011. Secretary of the Senate APPROVED: Date Governor
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In memory of Joseph Patrick Cassidy of Panhandle.
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In memory of Pete A. Gallego, Jr., of Alpine.
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WHEREAS, A full and productive life drew to a close with the passing of esteemed civic leader Pete Almodova Gallego, Jr., of Alpine on March 4, 2010, at the age of 85; and WHEREAS, Born in Alpine on February 17, 1925, Mr. Gallego was the son of Pete Russell Gallego and Victoria Almodova; he came of age during World War II and served in the United States Army in the Pacific theater, and he earned the Victory and American Theater ribbons, a Good Conduct Medal, and a Bronze Star, among other honors; during his freshman year at Sul Ross State University, he met Elena Pe a, and the couple married the following year; they later became the parents of four treasured children, Imelda, Rebecca, Pete, and Robert; and WHEREAS, The first member of his family to graduate from college, Mr. Gallego earned his bachelor's degree in business administration; he joined the family restaurant business, then known as the Green Cafe, and began serving his community in a variety of leadership roles; helping Latinos gain access to banking services, he shared his accounting skills with a credit union established by a local Catholic priest; he became the first treasurer of Our Lady of Peace Credit Union, which operated for many years from the dining room table in his home and then from his cafe so members could stop by in the evening after their work; he later served as president, chair, and member of the board as the credit union grew to become the Alpine Community Credit Union, an institution with more than $10 million in assets; and WHEREAS, This dynamic Texan became the first Latino trustee of the Alpine Independent School District in 1959 and was elected to four more consecutive three-year terms; he played a key role in the desegregation of area schools and in the construction of a new high school, the addition of a wing to Central Elementary School, the remodeling of the old high school into a united junior high, and the closure of Centennial School; although some customers boycotted his restaurant to protest integration, Mr. Gallego remained steadfast; the school closure and the construction of a new interstate also affected the business, and he moved it across town, becoming the first Latino to own commercial property on Holland Avenue; and WHEREAS, Gallego's Mexican Food Restaurant won a loyal following among college students in its new location, and Mr. Gallego expanded its operations, shipping chiles rellenos, tamales, and masa to stores around the state; through the years, he helped many young people achieve their dreams by giving them jobs and donating money for their college funds; in 2001, four years after his retirement, he was named Paul Forcheimer Business Person of the Year in recognition of his exceptional contributions to the community; he continued to volunteer for worthy causes and enjoyed spending time with his family, maintaining his properties, and riding his mowing tractor; and WHEREAS, A man of great generosity, integrity, and determination, Pete A. Gallego is deeply missed by the host of people whose lives he touched, but his legacy of achievement continues to resonate in the community he loved and served so well; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas, 1st Called Session, hereby pay tribute to the memory of Pete Almodova Gallego and extend sincere sympathy to his loved ones: to his wife of more than six decades, Elena Pe a Gallego; to his daughters, Imelda Gallego Garcia and her husband, Jose Garcia, R.Ph., and Rebecca P. Gallego, M.D.; to his son, the Honorable Pete P. Gallego, and his wife, Maria Elena Ramon; to his grandchildren, Maria Imelda, Maria Elena, and Briana Garcia, Cristina P. Gallego, and Nicolas Miguel Ramon Gallego; and to his other relatives and many friends; and, be it further RESOLVED, That an official copy of this resolution be prepared for his family and that when the Texas House of Representatives and Senate adjourn this day, they do so in memory of Pete A. Gallego, Jr. Coleman Hochberg Castro Martinez Walle Straus Gonzalez Munoz, Jr. Aliseda Gooden Murphy Allen Guillen Naishtat Alonzo Gutierrez Nash Alvarado Hamilton Oliveira Anchia Hancock Orr Anderson of Dallas Hardcastle Otto Anderson of McLennan Harless Parker Aycock Harper-Brown Patrick Beck Hartnett Paxton Berman Hernandez Luna Pena Bohac Hilderbran Perry Bonnen Hochberg Phillips Branch Hopson Pickett Brown Howard of Fort Bend Pitts Burkett Howard of Travis Price Burnam Huberty Quintanilla Button Hughes Raymond Cain Hunter Reynolds Callegari Isaac Riddle Carter Jackson Ritter Castro Johnson Rodriguez Chisum Keffer Schwertner Christian King of Parker Scott Coleman King of Taylor Sheets Cook King of Zavala Sheffield Craddick Kleinschmidt Shelton Creighton Kolkhorst Simpson Crownover Kuempel Smith of Harris Darby Landtroop Smith of Tarrant Davis of Dallas Larson Smithee J. Davis of Harris Laubenberg Solomons S. Davis of Harris Lavender Strama Deshotel Legler Taylor of Collin Driver Lewis Taylor of Galveston Dukes Lozano Thompson Dutton Lucio III Torres Eiland Lyne Truitt Eissler Madden Turner Elkins Mallory Caraway Veasey Farias Margo Villarreal Farrar Marquez Vo Fletcher Martinez Walle Flynn Martinez Fischer Weber Frullo McClendon White Garza Menendez Woolley Geren Miles Workman Giddings Miller of Comal Zedler Gonzales of Hidalgo Miller of Erath Zerwas Gonzales of Williamson Morrison President of the Senate Speaker of the House I certify that H.C.R. No. 15 was unanimously adopted by a rising vote of the House on June 28, 2011. Chief Clerk of the House I certify that H.C.R. No. 15 was unanimously adopted by a rising vote of the Senate on June 28, 2011. Secretary of the Senate APPROVED: Date Governor
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In memory of Pete A. Gallego, Jr., of Alpine.
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In memory of Sergeant Joshua David Powell of Quitman.
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WHEREAS, The friends and family of United States Army Sergeant Joshua David Powell of Quitman suffered an immeasurable loss with the death of this valiant soldier on June 4, 2011, at the age of 28; and WHEREAS, Assigned to the 164th Military Police Company, 793rd Military Police Battalion, 3rd Maneuver Enhancement Brigade, based at Joint Base Elmendorf-Richardson in Alaska, Sergeant Powell was mortally wounded when an improvised explosive device detonated near his military vehicle as he was supporting Operation Enduring Freedom in Laghman Province, Afghanistan; and WHEREAS, Joshua Powell was born in Tyler on September 9, 1982, to Gerald Ray and Brenda Powell; he grew up in Wood County and graduated from Quitman High School in 2001; a well-regarded student, he enjoyed hunting and fishing in his free time; and WHEREAS, While still a teenager, Mr. Powell began planning to serve his country; during his eight-year career in the military, he served in Kosovo, Iraq, and Pakistan, as well as Afghanistan; his decorations included two Purple Hearts, and he was a lifetime member of Veterans of Foreign Wars; and WHEREAS, Joshua Powell exemplified the highest ideals of the U.S. armed forces; although his passing leaves a void in the lives of those who were fortunate enough to know him, they will forever carry memories of this heroic Texan close in their hearts; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas, 1st Called Session, hereby pay tribute to the life of Sergeant Joshua David Powell and extend sincere sympathy to the members of his family: to his wife, Marina Powell; to his parents, Gerald Ray and Brenda Powell; to his brother, Jeremy Powell, and his wife, Brittany; to his grandmother, Alice Maud Petty; and to his other relatives and friends; and, be it further RESOLVED, That an official copy of this resolution be prepared for his family and that when the Texas House of Representatives and Senate adjourn this day, they do so in memory of Sergeant Joshua David Powell. Hughes Straus Gonzales of Williamson Morrison Aliseda Gonzalez Munoz, Jr. Allen Gooden Murphy Alonzo Guillen Naishtat Alvarado Gutierrez Nash Anchia Hamilton Oliveira Anderson of Dallas Hancock Orr Anderson of McLennan Hardcastle Otto Aycock Harless Parker Beck Harper-Brown Patrick Berman Hartnett Paxton Bohac Hernandez Luna Pena Bonnen Hilderbran Perry Branch Hochberg Phillips Brown Hopson Pickett Burkett Howard of Fort Bend Pitts Burnam Howard of Travis Price Button Huberty Quintanilla Cain Hughes Raymond Callegari Hunter Reynolds Carter Isaac Riddle Castro Jackson Ritter Chisum Johnson Rodriguez Christian Keffer Schwertner Coleman King of Parker Scott Cook King of Taylor Sheets Craddick King of Zavala Sheffield Creighton Kleinschmidt Shelton Crownover Kolkhorst Simpson Darby Kuempel Smith of Harris Davis of Dallas Landtroop Smith of Tarrant J. Davis of Harris Larson Smithee S. Davis of Harris Laubenberg Solomons Deshotel Lavender Strama Driver Legler Taylor of Collin Dukes Lewis Taylor of Galveston Dutton Lozano Thompson Eiland Lucio III Torres Eissler Lyne Truitt Elkins Madden Turner Farias Mallory Caraway Veasey Farrar Margo Villarreal Fletcher Marquez Vo Flynn Martinez Walle Frullo Martinez Fischer Weber Gallego McClendon White Garza Menendez Woolley Geren Miles Workman Giddings Miller of Comal Zedler Gonzales of Hidalgo Miller of Erath Zerwas President of the Senate Speaker of the House I certify that H.C.R. No. 18 was unanimously adopted by a rising vote of the House on June 21, 2011. Chief Clerk of the House I certify that H.C.R. No. 18 was unanimously adopted by a rising vote of the Senate on June 27, 2011. Secretary of the Senate APPROVED: Date Governor
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In memory of Sergeant Joshua David Powell of Quitman.
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Proposing a constitutional amendment providing for the election and staggering of terms of county commissioners following a change in boundaries of a commissioners precinct.
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82(1) HJR 13-Introduced version-Bill Text 82S10669 TJB-D By: Branch H.J.R. No. 13 A JOINT RESOLUTION proposing a constitutional amendment providing for the election and staggering of terms of county commissioners following a change in boundaries of a commissioners precinct. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 18(d), Article V, Texas Constitution, is amended to read as follows: (d) Each commissioners precinct shall elect a commissioner at the first general election that follows the adoption of a change in [When] the boundaries of two or more commissioners precincts located in the county. The commissioners elected after a change in boundaries shall determine by lot which two of them will serve a term of two years and which two of them will serve a term of four years, so that one-half of the commissioners shall be elected every two years thereafter [are changed, each commissioner in office on the effective date of the change, or elected to a term of office beginning on or after the effective date of the change, shall serve in the precinct to which each was elected or appointed for the entire term to which each was elected or appointed, even though the change in boundaries places the person's residence outside the precinct for which he was elected or appointed].SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 8, 2011. The ballot shall be printed to provide for voting for or against the proposition: "The constitutional amendment providing for the election and staggering of terms of county commissioners following a change in boundaries of a commissioners precinct."
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Proposing a constitutional amendment providing for the election and staggering of terms of county commissioners following a change in boundaries of a commissioners precinct.
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Congratulating the nine Texas community colleges named among the nation's top 120 by the Aspen Institute.
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WHEREAS, Nine Texas community colleges have been ranked in the top 10 percent of community colleges in the country by the Aspen Institute; and WHEREAS, Recognizing 120 schools for their innovative strategies and exceptional results, the Aspen Institute has named to its list Alvin Community College in Alvin, Trinity Valley Community College in Athens, Lee College in Baytown, Blinn College in Brenham, Texas State Technical College-West Texas in Sweetwater, Texarkana College in Texarkana, Southwest Texas Junior College in Uvalde, Victoria College in Victoria, and Wharton County Junior College in Wharton; the institutions were selected through analysis of publicly available data with technical support from the National Center for Higher Education Management Systems and guidance from the institute's Data/Metrics Advisory Panel; among the criteria that the institute examined were overall student performance, improvement, and performance by minority students; and WHEREAS, The Aspen Institute was founded in 1950 to provide a forum through which leaders could better understand the human challenges facing the organizations and communities they serve; the institute's College Excellence Program highlights institutions that have achieved high levels of student success, and the schools named to its list are eligible to compete for the $700,000 Aspen Prize for Community College Excellence; and WHEREAS, The Aspen Institute employed a rigorous process to rate the nation's community colleges, and inclusion in its list of the top 120 is indeed a prestigious accolade; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas, 1st Called Session, hereby congratulate the Texas community colleges that were named among the top 120 community colleges in the nation by the Aspen Institute and extend to all those associated with these outstanding institutions sincere best wishes for continued success; and, be it further RESOLVED, That official copies of this resolution be prepared for the schools as an expression of high regard by the Texas House of Representatives and Senate.
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Congratulating the nine Texas community colleges named among the nation's top 120 by the Aspen Institute.
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Proposing a constitutional amendment relating to the use of the assets of certain associations established by the legislature of this state for the purpose of providing certain insurance coverage.
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82(1) HJR 11-Introduced version-Bill Text 82S10001 TJS-D By: Legler H.J.R. No. 11 A JOINT RESOLUTION proposing a constitutional amendment relating to the use of the assets of certain associations established by the legislature of this state for the purpose of providing certain insurance coverage. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article XVI, Texas Constitution, is amended by adding Section 75 to read as follows: Sec. 75. (a) In this section, "association" means an association established by the legislature of this state for the purpose of providing adequate windstorm, hail, and fire insurance in designated portions of this state. The term includes the Texas Windstorm Insurance Association established under Chapter 2210, Insurance Code, or any successor association to that association. (b) Except as provided by this section, the legislature may not enact a law appropriating or diverting any part of the assets of an association to any purpose other than to: (1) satisfy, wholly or partly, the liability of the association on claims made on policies written by the association; (2) make investments authorized under applicable law; (3) pay reasonable and necessary administrative expenses incurred in connection with the operation of the association and the processing of claims against the association; or (4) make remittance under the laws of this state to be used by this state to: (A) pay claims made on policies written by the association; (B) purchase reinsurance covering losses under those policies; or (C) prepare for or mitigate the effects of catastrophic natural events. (c) On dissolution of an association, all assets of the association revert to this state. (d) An association may repay to the general revenue fund an amount of money that was lent to the association for emergencies, out of a trust fund into which the association makes deposits, including the catastrophe reserve trust fund established by the Texas Windstorm Insurance Association or any successor to that fund. SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 8, 2011. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment relating to the use of the assets of certain associations established by the legislature of this state for the purpose of providing certain insurance coverage."
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Proposing a constitutional amendment relating to the use of the assets of certain associations established by the legislature of this state for the purpose of providing certain insurance coverage.
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Congratulating Tina Marie Garza on her graduation from The University of Texas at Austin.
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WHEREAS, Tina Marie Garza graduated from The University of Texas at Austin on May 20, 2011, with a bachelor's degree in communication studies, marking a significant milestone in her life; and WHEREAS, A native of Brownsville, Tina Garza has long distinguished herself as a student, excelling at UIL storytelling and music memory at Villareal Elementary School; from there, she attended Resaca Middle School, where she discovered her love for the French horn; she went on to play French horn in the marching and concert bands at Los Fresnos High School, winning the respect and admiration of her fellow musicians, who elected her vice president of marching band and named her band sweetheart; she was further active in her high school community as a member of student council and the National Honor Society and as senior class historian; and WHEREAS, The daughter of Faustino and Adela Garza, Ms. Garza began exploring her interest in politics at age 11, when she worked on her mother's campaign for the Los Fresnos school board, and a decade later she played a major role in her mother's race for the Texas Southmost College Board of Trustees; Ms. Garza subsequently gained experience in state government working in the offices of State Representatives Tara Rios Ybarra and Armando "Mando" Martinez during the 81st Legislative Session, and she currently contributes to the daily operations of State Representative Jose Aliseda's office as a legislative aide; and WHEREAS, This outstanding young Texan may indeed reflect with pride on her academic career with a sense of accomplishment and look forward to the next exciting chapter in her life; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature, 1st Called Session, hereby congratulate Tina Marie Garza on her graduation from The University of Texas at Austin and extend to her sincere best wishes for continued success in all her endeavors; and, be it further RESOLVED, That an official copy of this resolution be prepared for Ms. Garza as an expression of high regard by the Texas House of Representatives. Aliseda Speaker of the House I certify that H.R. No. 103 was adopted by the House on June 28, 2011, by a non-record vote. Chief Clerk of the House
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Congratulating Tina Marie Garza on her graduation from The University of Texas at Austin.
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Commending the Honorable Jose Benito Canales for more than 30 years of service as justice of the peace of Precinct 4 of Duval County.
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WHEREAS, The Honorable Jose Benito Canales has distinguished himself as justice of the peace of Precinct 4 in Duval County for more than three decades, and his work in behalf of his fellow citizens is truly deserving of recognition; and WHEREAS, Jose Canales was born in Oilton and moved to Freer with his family in 1940; following his graduation from high school in 1950, he served his country for two years in the United States Army during the Korean War; he then returned to Texas and went to work for a local retail store; and WHEREAS, First appointed to his post as justice of the peace in 1981, Judge Canales has continually sought ways to make his office more accessible to the public; he has further benefited Duval County and surrounding areas through his involvement on the board of the Community Action Council of South Texas and his work as a post commander of VFW Post No. 8786; he is also active at St. Mary's Catholic Church in Freer, where he has served as president of a mutual-aid society; and WHEREAS, In all of his endeavors, Judge Canales enjoys the love and support of his wife, Barbara, with whom he has shared more than 55 years of fulfilling partnership; he takes pride in a fine family that includes three children, Ricardo Canales, who works for the Department of Human Resources in Tomball, Carolina Canales Alaniz, a retired teacher, and Corina Canales Reyes, who teaches in Spring; and WHEREAS, Through his commitment and leadership, Jose Benito Canales has helped to make Duval County an even better place in which to live and work, and his dedicated efforts are a continuing source of inspiration to all who know him; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature, 1st Called Session, hereby commend the Honorable Jose Benito Canales for his service as justice of the peace of Precinct 4 in Duval County and extend to him sincere best wishes for the future; and, be it further RESOLVED, That an official copy of this resolution be prepared for Judge Canales as an expression of high regard by the Texas House of Representatives. Guillen Speaker of the House I certify that H.R. No. 100 was adopted by the House on June 28, 2011, by a non-record vote. Chief Clerk of the House
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Commending the Honorable Jose Benito Canales for more than 30 years of service as justice of the peace of Precinct 4 of Duval County.
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In memory of Susan Ann Cassidy of Amarillo.
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WHEREAS, Loved ones will forever cherish their memories of Susan Ann Cassidy of Amarillo, who passed away on January 3, 2011, at the age of 53; and WHEREAS, Born in Amarillo on May 23, 1957, to Joe and Ann Cassidy, Susan Ann Cassidy graduated from Panhandle High School in 1975 and then enrolled at Texas Tech University; while in college, she earned money by hemming dresses, cleaning dormitory rooms, and working in the cafeteria, and she graduated with a bachelor's degree in education in 1979; after completing her studies, she worked in schools in the Panhandle area for many years, teaching home economics, remedial reading, and English in the towns of Shamrock, Spearman, Big Spring, New Deal, Skellytown, and Hereford; she was an inspiring educator who challenged her students to expand their knowledge and abilities and encouraged their participation in science and history fairs; and WHEREAS, Ms. Cassidy was active in her community as a member of the Darlin' Dames Chapter of the Red Hat Society, as an education coordinator with Business Network International, as president of the High Plains Republican Women, and as a devoted congregant of the Bell Avenue Baptist Church in Amarillo; moreover, she enjoyed a host of hobbies, including scrapbooking, gift-wrapping, sewing, cross-stitching, arranging flowers, decorating wreaths, collecting antiques, cooking, playing games, reading, writing, and storytelling; and WHEREAS, Above all, Ms. Cassidy loved her daughter, Cassie, and had the pleasure of teaching her in the fifth grade in Skellytown; a lifetime member of the Girl Scouts, she led her daughter's troops for 13 years, starting new groups in towns that did not already have one; she was known for her loyalty and thoughtfulness as well as for her adventurous and spontaneous nature; and WHEREAS, Susan Ann Cassidy lived a life that was rich in the intangibles that matter most, and although she is deeply missed, she will always be remembered with great admiration and affection; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas, 1st Called Session, hereby pay tribute to the life of Susan Ann Cassidy and extend sincere sympathy to the members of her family: to her daughter, Cassie Daniel; to her brothers, John Cassidy and Jay Cassidy and his wife, Alison; to her aunts, Linda Thompson and her husband, Red, and Carolyn Jackson and her husband, Calvin; to her uncle, Sam Goodnight and his wife, Sue; to her nieces and nephews, Rachel, Andrew, Ryan, Hunter, and Kaitlyn Cassidy; and to her other relatives and friends; and, be it further RESOLVED, That an official copy of this resolution be prepared for her family and that when the Texas House of Representatives and Senate adjourn this day, they do so in memory of Susan Ann Cassidy. Cain Chisum Hughes Landtroop Laubenberg Perry Price Smithee President of the Senate Speaker of the House I certify that H.C.R. No. 23 was unanimously adopted by a rising vote of the House on June 28, 2011. Chief Clerk of the House I certify that H.C.R. No. 23 was unanimously adopted by a rising vote of the Senate on June 28, 2011. Secretary of the Senate APPROVED: Date Governor
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In memory of Susan Ann Cassidy of Amarillo.
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Congratulating the baseball team of Rider High School in Wichita Falls on winning the UIL 4A state championship.
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WHEREAS, The baseball team of Rider High School in Wichita Falls brought the 2011 season to a triumphant close by winning the University Interscholastic League 4A state championship with a victory in the title game on June 10; and WHEREAS, Facing Corpus Christi Calallen in the finals of the state tournament, the Raiders jumped out to a 4-0 lead in the first inning, added two runs in the second, and then relied on its pitching and defense; a key play came in the fifth inning, when senior Cameron Allen saved multiple runs with a spectacular diving catch on a fly ball to left field; he then pitched the final two innings, holding the opponents scoreless, to secure the first baseball state championship in the history of Rider High; and WHEREAS, Mr. Allen was named the tournament's most valuable player, and he was joined on the 4A All-Tournament Team by Ben Smith, Christien Sager, Blake Brom, and Gage Green; the Raiders also benefited throughout the season from the valuable contributions of the other members of the roster: Brandon Poirot, Ben Bates, Ben Cummings, Laandon Geisinger, Mason Stone, Blake Burrus, Nick Russell, Matt Montague, Collin Porter, Jordan McQuerry, Jon Jones, Cullen Wegmann, Chad Coburn, Isaac Alston, David Pewenofkit, Kyler Ritchie, Zach Seale, and Austin Hagy; and WHEREAS, These determined athletes were guided by head coach Scot Green and assistant coaches Josh Bobbitt, Blake Morrison, and Tim Radtke, and they also benefited from the work of trainers Ray Winkels and Dan Brown; and WHEREAS, Winning the 4A title fulfills the Raiders' championship destiny, after having previously reached the state tournament in 2005 and 2010; in so doing, the team has become a source of great pride to its school and to its many supporters in the community, and this achievement will forever remain a fond memory for each of the Rider High players; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature, 1st Called Session, hereby congratulate the baseball team of Rider High School in Wichita Falls on winning the UIL 4A state championship and extend to the team's players, coaches, and staff sincere best wishes for continued success; and, be it further RESOLVED, That an official copy of this resolution be prepared for the team as an expression of high regard by the Texas House of Representatives. Lyne Straus Gonzales of Williamson Morrison Aliseda Gonzalez Munoz, Jr. Allen Gooden Murphy Alonzo Guillen Naishtat Alvarado Gutierrez Nash Anchia Hamilton Oliveira Anderson of Dallas Hancock Orr Anderson of McLennan Hardcastle Otto Aycock Harless Parker Beck Harper-Brown Patrick Berman Hartnett Paxton Bohac Hernandez Luna Pena Bonnen Hilderbran Perry Branch Hochberg Phillips Brown Hopson Pickett Burkett Howard of Fort Bend Pitts Burnam Howard of Travis Price Button Huberty Quintanilla Cain Hughes Raymond Callegari Hunter Reynolds Carter Isaac Riddle Castro Jackson Ritter Chisum Johnson Rodriguez Christian Keffer Schwertner Coleman King of Parker Scott Cook King of Taylor Sheets Craddick King of Zavala Sheffield Creighton Kleinschmidt Shelton Crownover Kolkhorst Simpson Darby Kuempel Smith of Harris Davis of Dallas Landtroop Smith of Tarrant J. Davis of Harris Larson Smithee S. Davis of Harris Laubenberg Solomons Deshotel Lavender Strama Driver Legler Taylor of Collin Dukes Lewis Taylor of Galveston Dutton Lozano Thompson Eiland Lucio III Torres Eissler Lyne Truitt Elkins Madden Turner Farias Mallory Caraway Veasey Farrar Margo Villarreal Fletcher Marquez Vo Flynn Martinez Walle Frullo Martinez Fischer Weber Gallego McClendon White Garza Menendez Woolley Geren Miles Workman Giddings Miller of Comal Zedler Gonzales of Hidalgo Miller of Erath Zerwas Speaker of the House I certify that H.R. No. 102 was adopted by the House on June 14, 2011, by a non-record vote. Chief Clerk of the House
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Congratulating the baseball team of Rider High School in Wichita Falls on winning the UIL 4A state championship.
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Relating to claims for and distribution of unclaimed land grant mineral proceeds.
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AN ACT relating to claims for and distribution of unclaimed land grant mineral proceeds. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter E, Chapter 74, Property Code, is amended by adding Section 74.405 to read as follows: Sec. 74.405. UNCLAIMED LAND GRANT MINERAL PROCEEDS. (a) In this section, "unclaimed land grant mineral proceeds" are mineral proceeds governed by Subchapter C, Chapter 75. (b) Unclaimed land grant mineral proceeds delivered to the comptroller under this chapter may be distributed only under Subchapter C, Chapter 75. SECTION 2. Section 74.507, Property Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows: (a) Except as provided by Section 75.155, a [A] person who informs a potential claimant that the claimant may be entitled to claim property that is reportable to the comptroller under this chapter, that has been reported to the comptroller, or that is in the possession of the comptroller may not contract for or receive from the claimant for services an amount that exceeds 10 percent of the value of the property recovered. If the property involved is mineral proceeds, the amount for services may not include a portion of the underlying minerals or any production payment, overriding royalty, or similar payment. (c) Notwithstanding Subsection (b), a person who informs a potential claimant of a claim under Subchapter C, Chapter 75, may file or receive a form to claim on behalf of the claimant as provided by contract or other written agreement between the potential claimant and the person. SECTION 3. Section 74.601, Property Code, is amended by amending Subsection (b) and adding Subsection (h) to read as follows: (b) Except as provided by Subsection (h), the [The] comptroller shall deposit to the credit of the general revenue fund: (1) all funds, including marketable securities, delivered to the comptroller under this chapter or any other statute requiring the delivery of unclaimed property to the comptroller; (2) all proceeds from the sale of any property, including marketable securities, under this chapter; (3) all funds that have escheated to the state under Chapter 71, except that funds relating to escheated real property shall be deposited according to Section 71.202; and (4) any income derived from investments of the unclaimed money. (h) Not later than the 90th day after the end of each fiscal year, the comptroller shall deposit unclaimed land grant mineral proceeds delivered under this chapter to the credit of the unclaimed land grant mineral proceeds revenue account in the general revenue fund. Money in the unclaimed land grant mineral proceeds revenue account may be distributed only as provided by Subchapter C, Chapter 75. SECTION 4. Section 75.001(a), Property Code, is amended by adding Subdivisions (4), (5), and (6) to read as follows: (4) "Original land grant" means the initial conveyance of real property in this state, as evidenced by a certificate, title, or patent, from: (A) the Crown of Spain; (B) Mexico; (C) the Republic of Texas; or (D) this state. (5) "Net mineral estate" means the percentage portion of mineral proceeds derived from an original land grant owned by a descendent of an original grantee. (6) "Third-party data provider" means a data provider approved under rules adopted by the comptroller. SECTION 5. Section 75.001(c), Property Code, is amended to read as follows: (c) Except as provided by Subchapter C, a [A] holder of property presumed abandoned under this chapter is subject to the procedures of Chapter 74. SECTION 6. Chapter 75, Property Code, is amended by adding Subchapter Cto read as follows: SUBCHAPTER C. UNCLAIMED LAND GRANT MINERAL PROCEEDS Sec. 75.151. APPLICABILITY. This subchapter applies to all mineral proceeds that are: (1) derived directly or indirectly from real property located in this state regardless of the location of the holder's formation, organization, incorporation, or domicile; (2) unclaimed and presumed abandoned under this chapter or Chapter 72, 73, or 74; (3) held by a holder or the comptroller; and (4) reportable to the comptroller under Subchapter B, Chapter 74. Sec. 75.152. NET MINERAL ESTATE CALCULATIONS. (a) In accordance with rules adopted by the comptroller, a third-party data provider may: (1) determine the net mineral estate of each original land grant based on evidence provided by one or more land surveyors registered, licensed, or certified under Chapter 1071, Occupations Code; and (2) based on records of the Railroad Commission of Texas, determine the total amount of mineral production for each original land grant having a net mineral estate from January 1, 1985, until the date the determination is made. (b) To determine the percentage that each original land grant constitutes of the whole of the original land grants, the result of Subsection (a)(1) must be multiplied by the result of Subsection (a)(2) for each original land grant. (c) The comptroller shall adopt rules for purposes of Subsection (a). Sec. 75.153. CLAIM AGAINST UNCLAIMED LAND GRANT MINERAL PROCEEDS. (a) A person may submit a claim for the person's net mineral estate against unclaimed land grant mineral proceeds held by the comptroller in the unclaimed land grant mineral proceeds revenue account by filing with the comptroller a form adopted by comptroller rule. In addition to the form, a person must submit: (1) an affidavit stating that, to the best of the claimant's information, knowledge, and belief: (A) the claimant does not receive and has never received mineral proceeds from the original land grant; and (B) the claimant's ancestors do not or did not receive mineral proceeds from the original land grant; and (2) a copy of a final, unappealable judgment establishing: (A) the claimant's heirship as a descendent of the grantee of an original land grant; and (B) the extent of the claimant's interest in the mineral proceeds of the land grant. (b) A claimant may submit a claim under any line of descendency established in a final, unappealable judgment. (c) The comptroller shall approve a claim that complies with Subsection (a). Sec. 75.154. MAXIMUM CLAIM CALCULATION. Beginning on January 1, 2012, to determine the maximum amount for which a claim may be made by a claimant for an original land grant, the percentage figure under Section 75.152(b) for each original land grant having a net mineral estate must be multiplied by the total amount of money in the unclaimed land grant mineral proceeds revenue account under Section 74.601(h). Sec. 75.155. ATTORNEY'S FEES. (a) An attorney licensed in this state may represent a claimant under this subchapter or in a judicial or administrative proceeding related to this subchapter. (b) An attorney who represents a claimant under this subchapter or in a judicial or administrative proceeding related to this subchapter may contract with the claimant for attorney's fees on an hourly or contingency basis or otherwise, as prescribed by Rule 1.04, Texas Disciplinary Rules of Professional Conduct. Sec. 75.156. EXPENDITURES. (a) The expenses of the comptroller in executing this subchapter may be paid only from the unclaimed land grant mineral proceeds revenue account described by Section 74.601(h). (b) The comptroller shall adopt rules as necessary to administer this section. SECTION 7. (a) Not later than November 1, 2011, the comptroller shall adopt rules as required by Sections 75.152 and 75.156, Property Code, as added by this Act. (b) Not later than the 30th day after the effective date of this Act, the comptroller shall transfer to the unclaimed land grant mineral proceeds revenue account created under Section 74.601, Property Code, as amended by this Act, all unclaimed land grant mineral proceeds delivered to and held by the comptroller under Chapter 74, Property Code. SECTION 8. (a) The change in law made by Section 75.155, Property Code, as added by this Act, applies to a contract executed before, on, or after the effective date of this Act. (b) The changes in law made by Subchapter C, Chapter 75, Property Code, as added by this Act, apply only to a claim filed on or after the effective date of this Act. A claim filed before the effective date of this Act is covered by the law in effect when the claim was filed, and the former law is continued in effect for that purpose. SECTION 9. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
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Relating to claims for and distribution of unclaimed land grant mineral proceeds.
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Proposing a constitutional amendment limiting the uses of revenue from motor vehicle registration fees, taxes on motor fuels and lubricants, and certain revenue received from the federal government.
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82(1) HJR 14-Introduced version-Bill Text 82S10784 JAM-D By: Pickett H.J.R. No. 14 A JOINT RESOLUTION proposing a constitutional amendment limiting the uses of revenue from motor vehicle registration fees, taxes on motor fuels and lubricants, and certain revenue received from the federal government. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 7-a, Article VIII, Texas Constitution, is amended to read as follows: Sec. 7-a. (a) Subject to legislative appropriation, allocation and direction, all net revenues remaining after payment of all refunds allowed by law and expenses of collection derived from motor vehicle registration fees, and all taxes, except gross production and ad valorem taxes, on motor fuels and lubricants used to propel motor vehicles over public roadways, shall be used for the sole purpose of acquiring rights-of-way, constructing, maintaining, and policing such public roadways, and for the administration of such laws as may be prescribed by the Legislature pertaining to the supervision of traffic and safety on such roads; [and for the payment of the principal and interest on county and road district bonds or warrants voted or issued prior to January 2, 1939, and declared eligible prior to January 2, 1945, for payment out of the County and Road District Highway Fund under existing law;] provided, however, that one-fourth (1/4) of such net revenue from the motor fuel tax shall be allocated to the Available School Fund; and, provided, however, that the net revenue derived by counties from motor vehicle registration fees shall never be less than the maximum amounts allowed to be retained by each County and the percentage allowed to be retained by each County under the laws in effect on January 1, 1945. Nothing contained herein shall be construed as authorizing the pledging of the State's credit for any purpose. (b) For a biennium, the Legislature may not appropriate funds derived from the revenue described by Subsection (a) of this section or Section 7-b of this article for a purpose other than acquiring rights-of-way or constructing or maintaining public roadways in an amount that exceeds the lesser of: (1) the total amount of those funds appropriated for a purpose other than acquiring rights-of-way or constructing or maintaining public roadways in the preceding biennium; or (2) the amount determined under Subsection (c) of this section. (c) For each biennium, the maximum amount that may be appropriated as provided by Subsection (b) of this section is reduced by 20 percent from the preceding biennium if the estimate of anticipated revenue from all sources made in advance of the regular session under Section 49a(a), Article III, of this constitution for the biennium exceeds the total amount of revenue from all sources for the preceding biennium by more than three times the amount of the reduction. SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 8, 2011. The ballot shall be printed to permit voting for or against the proposition: "The constitutional amendment limiting the uses of revenue from motor vehicle registration fees, taxes on motor fuels and lubricants, and certain revenue received from the federal government."
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Proposing a constitutional amendment limiting the uses of revenue from motor vehicle registration fees, taxes on motor fuels and lubricants, and certain revenue received from the federal government.
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Honoring Richland College on its designation as a two-year National Center of Academic Excellence in Information Assurance Education.
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WHEREAS, Richland College has been designated as a two-year National Center of Academic Excellence in Information Assurance Education, and the attainment of this prestigious status reflects the high quality of its educational offerings in that field; and WHEREAS, The National Center of Academic Excellence program was established by the National Security Agency and the Department of Homeland Security, with the support of the National Science Foundation and CyberWatch, and it is intended to promote higher education and research related to safeguarding the nation's information infrastructure; and WHEREAS, To be selected as a center of academic excellence, a college or university must establish a strong information assurance program and design its security courses in accordance with training standards developed by the Committee on National Security Systems; and WHEREAS, Richland College has placed a special emphasis on information assurance and has offered a specialization in that area since the fall of 2007 as part of its associate degree program in digital forensics; students who complete this specialization are trained in measures to prevent the loss, unauthorized modification, and destruction of data, and they receive diverse training that draws on skills in computer science, accounting, criminology, management, and system and security engineering; and WHEREAS, Covering the 2011 through 2016 school years, the National Center of Academic Excellence designation provides recognition of Richland College's leadership in the study of cyber security, and the institution's efforts to prepare well-trained professionals to work in this crucial discipline is of great benefit to our state and nation; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature, 1st Called Session, hereby honor Richland College on its designation as a two-year National Center of Academic Excellence in Information Assurance Education and extend to all those associated with the program sincere best wishes for continued success; and, be it further RESOLVED, That an official copy of this resolution be prepared for the college as an expression of high regard by the Texas House of Representatives. Button Speaker of the House I certify that H.R. No. 111 was adopted by the House on June 28, 2011, by a non-record vote. Chief Clerk of the House
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Honoring Richland College on its designation as a two-year National Center of Academic Excellence in Information Assurance Education.
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Commemorating the 40th anniversary of Southwest Airlines.
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WHEREAS, Southwest Airlines is celebrating its 40th anniversary on June 18, 2011, providing a welcome opportunity to celebrate the success of this signature Texas company and its cofounder, Herb Kelleher; and WHEREAS, In the mid-1960s, businessman Rollin W. King conceived of a new kind of airline that could fly passengers inexpensively and quickly across short distances; in a meeting with his lawyer, Herb Kelleher, at the St. Anthony Club in San Antonio, he used a napkin to illustrate his idea, drawing a triangle with points labeled San Antonio, Houston, and Dallas; this simple sketch would go on to become a symbol of the infant company's ethos and to form the basis of its initial route map; and WHEREAS, Southwest Airlines was chartered as a Texas corporation, and on June 18, 1971, the company began commercial flights with three Boeing 737 airliners and fewer than 70 employees; since then, thanks in large part to the dynamic leadership of Mr. Kelleher, who served as the company's chairman, president, and CEO from 1982 until 2001, Southwest has become one of the most respected names in the industry; now under the direction of Gary Kelly, nearly 35,000 employees schedule, maintain, and fly more than 500 Boeing 737s between 72 cities in 37 states; the airline operates 3,400 flights a day, making it the largest U.S. carrier of domestic passengers as of September 2010; moreover, the airline has turned a profit for 38 years in a row; and WHEREAS, Southwest has regularly earned top rankings in safety from the International Airline Passengers Association, and it has consistently received the lowest ratio of customer complaints per passenger boarded of all major U.S. airlines according to data from the U.S. Department of Transportation; and WHEREAS, This impressive record of customer satisfaction is no doubt linked to Southwest's approach to employee relations; in 1973, the company initiated the first profit-sharing program in the U.S. airline industry, and it has never laid off or furloughed a single employee; among its many honors, Southwest is often recognized as one of the best places in the country to work; in addition, it was recently named the "greenest airline" by the nonprofit group Climate Counts, and it has been repeatedly ranked as one of the most admired companies in the world by Fortune magazine; and WHEREAS, Over the last four decades, the percentage of American adults who have flown on a commercial airliner has risen from 15 to 85 percent, a result that is often referred to as the "Southwest Effect," and on the occasion of this special anniversary, Mr. Kelleher, Mr. Kelly, and the employees of Southwest may indeed take great pride in their enormous contributions to the mobility of Americans and to the culture as a whole; now, therefore, be it RESOLVED, That the 82nd Legislature of the State of Texas, 1st Called Session, hereby commemorate the 40th anniversary of Southwest Airlines and extend to Herb Kelleher, Gary Kelly, and the entire Southwest family sincere best wishes for continued success; and, be it further RESOLVED, That an official copy of this resolution be prepared for Southwest Airlines as an expression of high regard by the Texas House of Representatives and Senate. Craddick Parker Darby Anchia Straus Gonzales of Williamson Morrison Aliseda Gonzalez Munoz, Jr. Allen Gooden Murphy Alonzo Guillen Naishtat Alvarado Gutierrez Nash Anchia Hamilton Oliveira Anderson of Dallas Hancock Orr Anderson of McLennan Hardcastle Otto Aycock Harless Parker Beck Harper-Brown Patrick Berman Hartnett Paxton Bohac Hernandez Luna Pena Bonnen Hilderbran Perry Branch Hochberg Phillips Brown Hopson Pickett Burkett Howard of Fort Bend Pitts Burnam Howard of Travis Price Button Huberty Quintanilla Cain Hughes Raymond Callegari Hunter Reynolds Carter Isaac Riddle Castro Jackson Ritter Chisum Johnson Rodriguez Christian Keffer Schwertner Coleman King of Parker Scott Cook King of Taylor Sheets Craddick King of Zavala Sheffield Creighton Kleinschmidt Shelton Crownover Kolkhorst Simpson Darby Kuempel Smith of Harris Davis of Dallas Landtroop Smith of Tarrant J. Davis of Harris Larson Smithee S. Davis of Harris Laubenberg Solomons Deshotel Lavender Strama Driver Legler Taylor of Collin Dukes Lewis Taylor of Galveston Dutton Lozano Thompson Eiland Lucio III Torres Eissler Lyne Truitt Elkins Madden Turner Farias Mallory Caraway Veasey Farrar Margo Villarreal Fletcher Marquez Vo Flynn Martinez Walle Frullo Martinez Fischer Weber Gallego McClendon White Garza Menendez Woolley Geren Miles Workman Giddings Miller of Comal Zedler Gonzales of Hidalgo Miller of Erath Zerwas President of the Senate Speaker of the House I certify that H.C.R. No. 20 was adopted by the House on June 21, 2011, by a non-record vote. Chief Clerk of the House I certify that H.C.R. No. 20 was adopted by the Senate on June 28, 2011, by a viva-voce vote. Secretary of the Senate APPROVED: Date Governor
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Commemorating the 40th anniversary of Southwest Airlines.
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Paying tribute to Rodolfo, Marcos, Alejandro, Vicente, Jose, and Arturo Torres for their service in the armed forces of the United States of America.
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WHEREAS, The Torres family of Dallas has made a significant contribution to the defense of our nation by sending six brothers to serve in the United States armed forces, with their combined tenure in uniform totaling 56 years; and WHEREAS, These patriotic Texans were born to Vincent and Manuela Torres, who had met in Texas after immigrating to the United States from Mexico during their youth; after initially living in Malakoff, the couple and their children moved to Oak Cliff in 1940, and the children were students at Crozier Technical High School and other local schools; and WHEREAS, In 1944, Rodolfo Torres, the eldest son, turned 18 and began the family's tradition of military service when he became a member of the U.S. Army; he fought in the Philippines during the closing years of World War II and was a member of the Texas National Guard from 1947 to 1981; and WHEREAS, Marcos Ruelas Torres followed his older brother into the army in 1948; he was among the U.S. forces to take part in the Korean War, suffering both a bullet wound to his hand and frostbite during desperate winter fighting against Chinese and North Korean troops, but he survived his combat experiences and returned home in 1951; and WHEREAS, The next family member to take up arms was Alejandro Torres, who was a member of the U.S. Navy from 1951 to 1955 and was assigned to a submarine base in Hawaii for much of his tenure; even before Alejandro concluded his service, Vicente Torres, Jr., entered the army and was stationed at Fort Lewis in Washington during a two-year term of duty that began in 1953; and WHEREAS, Jose Torres chose to fulfill his military commitment in the U.S. Air Force from 1958 to 1963 and spent part of that time at Webb Air Force Base in Big Spring; the last of the brothers to enter the armed forces was Arturo Torres; while in the army from 1963 to 1969, he fought in Vietnam, marking the third war that a family member had participated in; and WHEREAS, These courageous individuals ably carried out their military duties, and three of the brothers received medals for their actions; moreover, several of the family members became active in the American G.I. Forum, which helped to champion the rights of Hispanic American servicemen; though Rodolfo Torres passed away in 2009, the rest of the brothers continue to live in Texas and are staunch advocates of military service, often encouraging young Latinos to consider enlisting; and WHEREAS, The members of this remarkable family have established a notable record of service in behalf of their fellow citizens, and their sacrifices and contributions are indeed deserving of recognition; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature, 1st Called Session, hereby pay tribute to Rodolfo, Marcos, Alejandro, Vicente, Jose, and Arturo Torres for their valiant service in the armed forces of the United States of America; and, be it further RESOLVED, That an official copy of this resolution be prepared for the family as an expression of high regard by the Texas House of Representatives. Alonzo Speaker of the House I certify that H.R. No. 101 was adopted by the House on June 28, 2011, by a non-record vote. Chief Clerk of the House
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Paying tribute to Rodolfo, Marcos, Alejandro, Vicente, Jose, and Arturo Torres for their service in the armed forces of the United States of America.
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Honoring Rear Admiral Jerry R. Kelley on the occasion of his retirement from the United States Navy.
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WHEREAS, Rear Admiral Jerry R. Kelley of the United States Navy is retiring on June 18, 2011, bringing to a close an outstanding 20-year career in the service of this country; and WHEREAS, Admiral Kelley received his medical degree from The University of Texas Medical School at San Antonio in 1976; after completing his training in general and cardiothoracic surgery in 1983, he entered the private practice of medicine in San Antonio; and WHEREAS, Jerry Kelley joined the navy as a lieutenant commander in 1991; his assignments have included battalion surgeon with the 4th Reconnaissance Battalion, assistant division surgeon with the 4th Marine Division, and S2/3 officer with the 4th Medical Battalion, as well as director of surgery, executive officer, and commanding officer at Fleet Hospital Dallas; in addition, he has served as liaison officer for reserve affairs to the medical officer of the Marine Corps and as assistant chief of staff, Navy Medicine, National Capital Area; currently, he is the deputy medical officer of the Marine Corps--Reserve at Health Affairs Headquarters Marine Corps; and WHEREAS, Admiral Kelley has also handled a number of collateral duties in such posts as specialty advisor to the surgeon general and as consultant/instructor at the United States Army Medical Research Institute of Chemical Defense and the United States Army Medical Research Institute of Infectious Diseases; he is a recognized expert in such areas as humanitarian operations, domestic preparedness, and chemical-biological casualty management, and he is designated as a CATF surgeon, joint task force surgeon, and POMI officer; and WHEREAS, Among the decorations conferred on Admiral Kelley have been the Meritorious Service Medal with two gold stars, the Navy Commendation Medal, and the Meritorious Unit Citation; his affiliations include the American College of Surgeons, American Board of Thoracic Surgery, American College of Chest Physicians, and American College of Cardiology; and WHEREAS, Throughout his distinguished naval career, Admiral Kelley has exemplified the highest ideals of both the medical profession and the United States armed forces, and his outstanding efforts in this nation's behalf are deserving of his fellow citizens' deepest gratitude; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature, 1st Called Session, hereby honor Rear Admiral Jerry R. Kelley on the occasion of his retirement from the United States Navy and extend to him sincere best wishes for continued success in all his endeavors; and, be it further RESOLVED, That an official copy of this resolution be prepared for Admiral Kelley as an expression of high regard by the Texas House of Representatives. Miller of Comal Straus Gonzales of Williamson Morrison Aliseda Gonzalez Munoz, Jr. Allen Gooden Murphy Alonzo Guillen Naishtat Alvarado Gutierrez Nash Anchia Hamilton Oliveira Anderson of Dallas Hancock Orr Anderson of McLennan Hardcastle Otto Aycock Harless Parker Beck Harper-Brown Patrick Berman Hartnett Paxton Bohac Hernandez Luna Pena Bonnen Hilderbran Perry Branch Hochberg Phillips Brown Hopson Pickett Burkett Howard of Fort Bend Pitts Burnam Howard of Travis Price Button Huberty Quintanilla Cain Hughes Raymond Callegari Hunter Reynolds Carter Isaac Riddle Castro Jackson Ritter Chisum Johnson Rodriguez Christian Keffer Schwertner Coleman King of Parker Scott Cook King of Taylor Sheets Craddick King of Zavala Sheffield Creighton Kleinschmidt Shelton Crownover Kolkhorst Simpson Darby Kuempel Smith of Harris Davis of Dallas Landtroop Smith of Tarrant J. Davis of Harris Larson Smithee S. Davis of Harris Laubenberg Solomons Deshotel Lavender Strama Driver Legler Taylor of Collin Dukes Lewis Taylor of Galveston Dutton Lozano Thompson Eiland Lucio III Torres Eissler Lyne Truitt Elkins Madden Turner Farias Mallory Caraway Veasey Farrar Margo Villarreal Fletcher Marquez Vo Flynn Martinez Walle Frullo Martinez Fischer Weber Gallego McClendon White Garza Menendez Woolley Geren Miles Workman Giddings Miller of Comal Zedler Gonzales of Hidalgo Miller of Erath Zerwas Speaker of the House I certify that H.R. No. 105 was adopted by the House on June 14, 2011, by a non-record vote. Chief Clerk of the House
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Honoring Rear Admiral Jerry R. Kelley on the occasion of his retirement from the United States Navy.
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Proposing a constitutional amendment to establish certain principles and procedures for the drawing of congressional districts.
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82(1) HJR 12-Introduced version-Bill Text 82S10256 TJB-D By: Howard of Travis H.J.R. No. 12 A JOINT RESOLUTION proposing a constitutional amendment to establish certain principles and procedures for the drawing of congressional districts. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article III, Texas Constitution, is amended by adding Section 28-a to read as follows: Sec. 28-a. (a) The legislature's authority established by Section 1 of this article includes the authority to enact congressional redistricting plans for this state following a federal decennial census. When enacting a congressional plan, the legislature shall comply with the following principles to the extent practicable and authorized by law: (1) districts must keep intact identifiable communities of interest defined by social, economic, racial, ethnic, cultural, industrial, commercial, or geographic commonalities; (2) districts must respect the integrity of the state's basic geographical regions; (3) districts must be geographically compact and composed of convenient contiguous territory; (4) districts must be coterminous with the boundaries of counties and municipalities and not unnecessarily divide counties or municipalities; (5) districts must be composed solely of undivided census tracts; (6) districts may not be drawn based on partisan political considerations or with intent to favor or disfavor any specific person, political party, or other organization; (7) districts must be as nearly equal in population as practicable and feasible in accordance with these principles; and (8) redistricting plans must comply with state and federal constitutional requirements. (b) The Supreme Court of Texas has original jurisdiction of a legal challenge to a congressional redistricting plan enacted by the legislature. (c) The legislature may not redistrict this state's congressional districts more than once following each federal decennial census except to replace a plan ordered by a court with a plan enacted by the legislature. SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 8, 2011. The ballot shall be printed to provide for voting for or against the proposition: "The constitutional amendment to establish fair redistricting principles and procedures for the drawing of congressional districts for the State of Texas."
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Proposing a constitutional amendment to establish certain principles and procedures for the drawing of congressional districts.
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Congratulating Julian Rodriguez on being named the 2011 valedictorian of Adamson High School in Dallas.
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WHEREAS, Julian Rodriguez was named valedictorian of the Class of 2011 at Adamson High School in Dallas, and for achieving this significant honor, he indeed merits special recognition; and WHEREAS, Earning the title of valedictorian requires not only intellect and aptitude, but also four years of dedication to the highest academic standards; the student who garners this coveted distinction must demonstrate a thorough understanding of a wide range of subjects, from math and science to language arts and social studies, yet the rewards of the countless hours of study and preparation are myriad; and WHEREAS, In addition to the pride inherent in being recognized as the highest achieving student in his class, the valedictorian is frequently the recipient of scholarships and grants; he also gains the opportunity to address his fellow seniors at commencement and to reflect on their shared history as well as their hopes and ambitions for the future; and WHEREAS, Throughout his academic career, Julian Rodriguez has earned the respect and admiration of his teachers and classmates at Adamson High School, and his exceptional scholastic ability, hard work, and commitment to excellence have surely opened the way to limitless opportunities for this remarkable young Texan; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature, 1st Called Session, hereby congratulate Julian Rodriguez on being named the 2011 valedictorian of Adamson High School and extend to him sincere best wishes for continued success in all his endeavors; and, be it further RESOLVED, That an official copy of this resolution be prepared for Mr. Rodriguez as an expression of high regard by the Texas House of Representatives. Alonzo Speaker of the House I certify that H.R. No. 11 was adopted by the House on June 28, 2011, by a non-record vote. Chief Clerk of the House
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Congratulating Julian Rodriguez on being named the 2011 valedictorian of Adamson High School in Dallas.
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Congratulating Gretchen Zamora on her retirement from Austin State Hospital Support Services.
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WHEREAS, Gretchen Gudelman Zamora is retiring from Austin State Hospital on June 30, 2011, concluding a notable tenure in public service that has spanned two decades; and WHEREAS, The manager for the Nifty Fifty Canteen at the hospital, Ms. Zamora has demonstrated an outstanding commitment to excellence in performing her many responsibilities, and her outgoing personality has endeared her to customers and colleagues alike; she previously was employed as the food service supervisor for Forest Trail Elementary School in the Eanes Independent School District for four years; and WHEREAS, The former Gretchen Gudelman was born in Long Beach, California, and grew up in Houston, where she began working at House of Pies when she was just 15; after graduating from Westchester High School, she married Jesse Zamora, and they became the parents of three daughters, Catrina, Lisa, and Margaret, and a son, Anthony; Ms. Zamora raised her children in California for 10 years and then returned to Texas and lived in Spicewood; in addition to working as director of food service for a Girl Scout camp, Ms. Zamora cleaned house for country star Willie Nelson; later, she and her husband moved to a ranch in Thrall to raise cows and horses; her retirement will allow more time for gardening, cooking, attending church, shopping at garage sales and auctions, and enjoying the company of her family, which has grown to include nine grandchildren; and WHEREAS, Gretchen Zamora has greatly benefited Austin State Hospital through her dedicated and enthusiastic service, and she will be missed by all those who have had the pleasure of working with her; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature, 1st Called Session, hereby congratulate Gretchen Zamora on her retirement from Austin State Hospital Support Services and extend to her sincere best wishes as she begins the next exciting chapter of her life; and, be it further RESOLVED, That an official copy of this resolution be prepared for Ms. Zamora as an expression of high regard by the Texas House of Representatives. Gonzales of Williamson Speaker of the House I certify that H.R. No. 115 was adopted by the House on June 16, 2011, by a non-record vote. Chief Clerk of the House
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Congratulating Gretchen Zamora on her retirement from Austin State Hospital Support Services.
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Commending Harry LaRosiliere for his service as a member of the Plano City Council.
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WHEREAS, Harry LaRosiliere concluded his distinguished service as a member of the Plano City Council in May 2011; and WHEREAS, First elected in 2005, Mr. LaRosiliere served two terms as the Place 5 council member; he has also benefited his fellow citizens in his work as chair of the city's community relations committee and as a member of the planning and zoning commission; and WHEREAS, Mr. LaRosiliere has further contributed to his community as a member of the advisory board and chair of Court Appointed Special Advocates of Collin County, as the chair of Leadership Plano, as a member of the advisory board of the Junior League of Plano, as vice chair of finance and executive committee member of the Plano Chamber of Commerce, and as the chair of community relations for the Plano Metro Rotary Club board; in addition, he has coached soccer and basketball with the Plano Sports Authority and has worked as an adjunct professor at the University of North Texas and the Southern Methodist University Plano campus; and WHEREAS, A resident of Plano for more than 15 years, Mr. LaRosiliere has been employed in the financial services industry since 1994, specializing in investments and financial planning, and he attends St. Luke Community United Methodist Church in Dallas; in all of his endeavors, he enjoys the love and support of his wife, Tracy, and his two daughters, Brianna and Maya; and WHEREAS, The dedicated work that Harry LaRosiliere has carried out during his tenure on the city council has made a positive difference in the lives of Plano residents, and he may indeed reflect with pride on his record of achievement; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature, 1st Called Session, hereby commend Harry LaRosiliere for his service as a member of the Plano City Council and extend to him sincere best wishes for the future; and, be it further RESOLVED, That an official copy of this resolution be prepared for Mr. LaRosiliere as an expression of high regard by the Texas House of Representatives. Madden Speaker of the House I certify that H.R. No. 108 was adopted by the House on June 28, 2011, by a non-record vote. Chief Clerk of the House
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Commending Harry LaRosiliere for his service as a member of the Plano City Council.
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Congratulating William Noah Bankston on attaining the rank of Eagle Scout.
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WHEREAS, The rank of Eagle Scout is an achievement shared by many of this nation's leaders, and the attainment of this significant honor by William Noah Bankston also heralds a future bright with opportunity and promise; and WHEREAS, This fine young Texan has mastered a number of important skills in his quest to become an Eagle Scout; he has earned merit badges requiring expertise in such diverse areas as backpacking, small boat sailing, snow sports, and wilderness survival, and gained experience in leadership and teamwork while undertaking his Eagle Scout project, which involved building a stone fire pit and worship ring overlooking Benbrook Lake at the campus of Southwest Christian School in Fort Worth; and WHEREAS, A valued member of Boy Scout Troop 390 and a recipient of the Arrow of Light Award, Mr. Bankston has served his peers as a patrol leader, scribe, and chaplain aide, and in so doing, he has exemplified the many positive traits for which Boy Scouts are renowned; in addition, he took part in the Philmont Scout Ranch Trek in New Mexico in 2008 and was voted into the Order of the Arrow; and WHEREAS, Mr. Bankston is a 2011 honors graduate of Southwest Christian School, where he played soccer and football and was a member of the National Honor Society; active in the Highland Park United Methodist Church in Dallas, he also enjoys travel and outdoor activities such as skiing, horseback riding, hiking, camping, and hunting; he will attend Texas Tech University in the fall of 2011 to study business; and WHEREAS, In all of his endeavors, Mr. Bankston enjoys the love and support of his family, which includes his parents, Cathy and Jimmy Bankston, and his siblings, Emmett, Hollis, Jacob, Rachel, Rebecca, and Gabriel; his mother served as the den leader of his Cub Scout pack, and his four brothers have all participated in scouting; and WHEREAS, In fulfilling the rigorous requirements for attaining the Eagle Scout insignia, Noah Bankston has demonstrated an unwavering commitment to the organization and its ideals, and the knowledge and confidence he has acquired along the way will indeed serve him well in the years to come; now, therefore, be it RESOLVED, That the House of Representatives of the 82nd Texas Legislature, 1st Called Session, hereby congratulate William Noah Bankston on attaining the rank of Eagle Scout and extend to him sincere best wishes for continued success and happiness; and, be it further RESOLVED, That an official copy of this resolution be prepared for Mr. Bankston as an expression of high regard by the Texas House of Representatives. Gooden Speaker of the House I certify that H.R. No. 126 was adopted by the House on June 28, 2011, by a non-record vote. Chief Clerk of the House
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Congratulating William Noah Bankston on attaining the rank of Eagle Scout.
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