AN ACT
1-1 relating to the sale and delivery of certain motor fuel; providing
1-2 criminal, administrative, and civil penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1, Chapter 1033, Acts of the 71st
1-5 Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas
1-6 Civil Statutes), is amended to read as follows:
1-7 Sec. 1. Definitions. In this Act:
1-8 (1) "Automotive fuel rating" has the meaning assigned
1-9 by 15 U.S.C. Section 2821.
1-10 (2) "Dealer" means a person who is the operator of a
1-11 service station or other retail outlet and who delivers motor fuel
1-12 into the fuel tanks of motor vehicles or motor boats.
1-13 (3) [(2)] "Motor fuel" has the meaning given that term
1-14 by Section 153.001, Tax Code.
1-15 SECTION 2. Section 2, Chapter 1033, Acts of the 71st
1-16 Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas
1-17 Civil Statutes), is amended to read as follows:
1-18 Sec. 2. Testing. In order to determine compliance with the
1-19 standards and for the enforcement of rules adopted under Sections
1-20 3, 3A, 3B, 4, and 5 of this Act, the commissioner of agriculture
1-21 [comptroller of public accounts] or an authorized representative of
1-22 the commissioner [comptroller, any law enforcement officer at the
1-23 direction of a prosecuting attorney, or the attorney general] may
2-1 test any motor fuel sold in this state, with or without a complaint
2-2 about the fuel. Nothing under this section shall prohibit the
2-3 commissioner from adopting rules relating to the frequency of
2-4 testing motor fuels. In adopting such rules the commissioner shall
2-5 consider the nature of the violation, history of past violations,
2-6 and funds available as provided by Subsection (e), Section 9 of
2-7 this Act.
2-8 SECTION 3. Chapter 1033, Acts of the 71st Legislature,
2-9 Regular Session, 1989 (Article 8614, Vernon's Texas Civil
2-10 Statutes), is amended by adding Sections 3A and 3B to read as
2-11 follows:
2-12 Sec. 3A. SALE OF MOTOR FUEL WITH AUTOMOTIVE FUEL RATING
2-13 LOWER THAN RATING POSTED ON PUMP LABEL. A motor fuel dealer in
2-14 this state may not sell or offer for sale motor fuel from a motor
2-15 fuel pump if the motor fuel contains an automotive fuel rating that
2-16 is lower than the automotive fuel rating for that motor fuel posted
2-17 on the motor fuel pump.
2-18 Sec. 3B. DELIVERY OF MOTOR FUEL WITH AUTOMOTIVE FUEL RATING
2-19 LOWER THAN RATING CERTIFIED BY TRANSFER. A distributor or supplier
2-20 of motor fuel, as those persons are defined by Section 153.001, Tax
2-21 Code, may not deliver or transfer motor fuel to a motor fuel dealer
2-22 in this state if the fuel contains an automotive fuel rating that
2-23 is lower than the certification of the automotive fuel rating the
2-24 distributor or supplier is required to make to the motor fuel
2-25 dealer under federal law.
3-1 SECTION 4. Subsections (c), (d), and (e), Section 4, Chapter
3-2 1033, Acts of the 71st Legislature, Regular Session, 1989 (Article
3-3 8614, Vernon's Texas Civil Statutes), are amended to read as
3-4 follows:
3-5 (c) The commissioner of agriculture [comptroller] by rule
3-6 may prescribe the form of the statement required by Subsection (a)
3-7 of this section.
3-8 (d) The signs required to be posted by a motor fuel dealer
3-9 under Section 3 of this Act and delivered to a motor fuel dealer
3-10 under this section shall be obtained from the commissioner of
3-11 agriculture [comptroller].
3-12 (e) If the commissioner of agriculture [comptroller]
3-13 determines that certain types of motor fuel, such as diesel or
3-14 liquefied petroleum gas, are not sold in this state as mixtures
3-15 with alcohol in sufficient quantities to warrant regulation of
3-16 those deliveries under this Act, the commissioner [comptroller] may
3-17 limit the application of Section 3 of this Act and this section to
3-18 motor fuels sold in sufficient quantity to warrant regulation.
3-19 SECTION 5. Section 5, Chapter 1033, Acts of the 71st
3-20 Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas
3-21 Civil Statutes), is amended to read as follows:
3-22 Sec. 5. Dealer and delivery documents. (a) Each motor fuel
3-23 dealer in this state shall keep for one year [four years] a copy of
3-24 each manifest, bill of sale, bill of lading, or any other document
3-25 required to be delivered to the dealer by Section 4 of this Act.
4-1 During the first 60 days following delivery of a fuel mixture
4-2 covered by this Act, the dealer shall keep at the station or retail
4-3 outlet where the motor fuel was delivered a copy of each manifest,
4-4 bill of sale, bill of lading, or any other document required to be
4-5 delivered to the dealer by Section 4 of this Act. Each
4-6 distributor, supplier, wholesaler, or jobber of motor fuel shall
4-7 keep for one year [four years] at the principal place of business a
4-8 copy of each manifest, bill of sale, bill of lading, or any other
4-9 document required to be delivered to the dealer by Section 4 of
4-10 this Act. The documents are subject to inspection by the
4-11 commissioner of agriculture [comptroller] or an authorized
4-12 representative of the commissioner [comptroller, any law
4-13 enforcement officer, or the attorney general].
4-14 (b) The commissioner of agriculture [comptroller] by rule
4-15 may prescribe the manner of filing documents required to be kept
4-16 under Subsection (a) of this section, and the time, place, and
4-17 manner of inspection of the documents.
4-18 SECTION 6. Chapter 1033, Acts of the 71st Legislature,
4-19 Regular Session, 1989 (Article 8614, Vernon's Texas Civil
4-20 Statutes), is amended by adding Section 5A to read as follows:
4-21 Sec. 5A. DOCUMENTS RELATING TO POSTINGS OR CERTIFICATION OF
4-22 AUTOMOTIVE FUEL RATINGS. (a) Each motor fuel dealer in this state
4-23 shall keep for at least one year a copy of:
4-24 (1) each delivery ticket or letter of certification on
4-25 which the motor fuel dealer based a posting of the automotive fuel
5-1 rating of motor fuel contained in a motor fuel pump;
5-2 (2) records of any automotive fuel rating
5-3 determination made by the motor fuel dealer under 16 C.F.R. Part
5-4 306; and
5-5 (3) each delivery ticket or letter of certification
5-6 that is required to be delivered to the dealer under 16 C.F.R. Part
5-7 306.
5-8 (b) Each distributor or supplier shall keep for at least one
5-9 year at the principal place of business a copy of each delivery
5-10 ticket or letter of certification required to be delivered by the
5-11 distributor or supplier to a motor fuel dealer in this state under
5-12 16 C.F.R. Part 306.
5-13 (c) A document required to be kept under this section is
5-14 subject to inspection by the commissioner of agriculture or an
5-15 authorized representative of the commissioner.
5-16 SECTION 7. Section 6, Chapter 1033, Acts of the 71st
5-17 Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas
5-18 Civil Statutes), is amended to read as follows:
5-19 Sec. 6. Civil action. (a) If a motor fuel dealer or a
5-20 distributor, supplier, wholesaler, or jobber of motor fuel violates
5-21 Section 3, 3A, 3B, 4, [or] 5, or 5A of this Act, any motor fuel
5-22 user who has purchased the fuel and who has suffered damages or has
5-23 a complaint about the product may maintain a civil action against
5-24 the motor fuel dealer or the distributor, supplier, wholesaler, or
5-25 jobber of motor fuel. The action may be brought, without regard to
6-1 any specific amount in damages, in the district court in any county
6-2 in which the motor fuel dealer, distributor, supplier, wholesaler,
6-3 or jobber is doing business or in which the motor fuel dealer
6-4 [user] resides.
6-5 (b) In any action under this section, the court shall award
6-6 to the motor fuel user who prevails the amount of actual damages
6-7 and grant such equitable relief as the court determines is
6-8 necessary to remedy the effects of the motor fuel dealer's
6-9 violation or the distributor, supplier, wholesaler, or jobber's
6-10 violation of the provisions of Section 3, 3A, 3B, 4, [or] 5, or 5A
6-11 of this Act, including declaratory judgment, permanent injunctive
6-12 relief, and temporary injunctive relief. In addition, the court
6-13 shall award to the motor fuel user who prevails in an action
6-14 brought hereunder court costs and attorney's fees that are
6-15 reasonable in relation to the amount of work expended.
6-16 (c) In addition to the remedies provided in Subsection (b)
6-17 of this section, if the trier of fact finds that a [the] violation
6-18 of Section 3, 4, or 5 of this Act was committed wilfully or
6-19 knowingly by the defendant, the trier of fact shall award not more
6-20 than three times the amount of actual damages.
6-21 (d) A violation of Section 3, 3A, 3B, 4, [or] 5, or 5A of
6-22 this Act is also a deceptive trade practice under Subchapter E,
6-23 Chapter 17, Business & Commerce Code.
6-24 (e) Any action alleging a violation of Section 3, 3A, 3B, 4,
6-25 [or] 5, or 5A of this Act shall be commenced and prosecuted within
7-1 two years after the date the cause of action accrued.
7-2 SECTION 8. Section 7, Chapter 1033, Acts of the 71st
7-3 Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas
7-4 Civil Statutes), is amended to read as follows:
7-5 Sec. 7. Civil penalty. A motor fuel dealer or a
7-6 distributor, supplier, wholesaler, or jobber of motor fuel who
7-7 violates a provision of Section 3, 3A, 3B, 4, [or] 5, or 5A of this
7-8 Act forfeits to the state a civil penalty of not less than $200
7-9 [$25] nor more than $10,000 [$200].
7-10 SECTION 9. Chapter 1033, Acts of the 71st Legislature,
7-11 Regular Session, 1989 (Article 8614, Vernon's Texas Civil
7-12 Statutes), is amended by adding Section 7A to read as follows:
7-13 Sec. 7A. ADMINISTRATIVE PENALTY. (a) The commissioner of
7-14 agriculture may impose an administrative penalty against a person
7-15 licensed or regulated under this Act who violates this Act or a
7-16 rule or order adopted under this Act.
7-17 (b) The penalty for a violation may be in an amount not to
7-18 exceed $500. Each day a violation continues or occurs is a
7-19 separate violation for purposes of imposing a penalty.
7-20 (c) The amount of the penalty shall be based on:
7-21 (1) the seriousness of the violation, including the
7-22 nature, circumstances, extent, and gravity of any prohibited acts,
7-23 and the hazard or potential hazard created to the health, safety,
7-24 or economic welfare of the public;
7-25 (2) the economic harm to property or the environment
8-1 caused by the violation;
8-2 (3) the history of previous violations;
8-3 (4) the amount necessary to deter future violations;
8-4 (5) efforts to correct the violation; and
8-5 (6) any other matter that justice may require.
8-6 (d) An employee of the Department of Agriculture designated
8-7 by the commissioner of agriculture to act under this section who
8-8 determines that a violation has occurred may issue to the
8-9 commissioner of agriculture a report that states the facts on which
8-10 the determination is based and the designated employee's
8-11 recommendation on the imposition of a penalty, including a
8-12 recommendation on the amount of the penalty.
8-13 (e) Within 14 days after the date the report is issued, the
8-14 designated employee shall give written notice of the report to the
8-15 person. The notice may be given by certified mail. The notice
8-16 must include a brief summary of the alleged violation and a
8-17 statement of the amount of the recommended penalty and must inform
8-18 the person that the person has a right to a hearing on the
8-19 occurrence of the violation, the amount of the penalty, or both the
8-20 occurrence of the violation and the amount of the penalty.
8-21 (f) Within 20 days after the date the person receives the
8-22 notice, the person in writing may accept the determination and
8-23 recommended penalty of the designated employee or may make a
8-24 written request for a hearing on the occurrence of the violation,
8-25 the amount of the penalty, or both the occurrence of the violation
9-1 and the amount of the penalty.
9-2 (g) If the person accepts the determination and recommended
9-3 penalty of the designated employee, the commissioner of agriculture
9-4 by order shall approve the determination and impose the recommended
9-5 penalty.
9-6 (h) If the person requests a hearing or fails to respond
9-7 timely to the notice, the designated employee shall set a hearing
9-8 and give notice of the hearing to the person. The hearing shall be
9-9 held by an administrative law judge of the State Office of
9-10 Administrative Hearings. The administrative law judge shall make
9-11 findings of fact and conclusions of law and promptly issue to the
9-12 commissioner of agriculture a proposal for a decision about the
9-13 occurrence of the violation and the amount of a proposed penalty.
9-14 Based on the findings of fact, conclusions of law, and proposal for
9-15 a decision, the commissioner of agriculture by order may find that
9-16 a violation has occurred and impose a penalty or may find that no
9-17 violation occurred.
9-18 (i) The notice of the commissioner of agriculture's order
9-19 given to the person under Chapter 2001, Government Code, must
9-20 include a statement of the right of the person to judicial review
9-21 of the order.
9-22 (j) Within 30 days after the date the commissioner of
9-23 agriculture's order becomes final as provided by Section 2001.144,
9-24 Government Code, the person shall:
9-25 (1) pay the amount of the penalty;
10-1 (2) pay the amount of the penalty and file a petition
10-2 for judicial review contesting the occurrence of the violation, the
10-3 amount of the penalty, or both the occurrence of the violation and
10-4 the amount of the penalty; or
10-5 (3) without paying the amount of the penalty, file a
10-6 petition for judicial review contesting the occurrence of the
10-7 violation, the amount of the penalty, or both the occurrence of the
10-8 violation and the amount of the penalty.
10-9 (k) Within the 30-day period, a person who acts under
10-10 Subsection (j)(3) of this section may:
10-11 (1) stay enforcement of the penalty by:
10-12 (A) paying the amount of the penalty to the
10-13 court for placement in an escrow account; or
10-14 (B) giving to the court a supersedeas bond that
10-15 is approved by the court for the amount of the penalty and that is
10-16 effective until all judicial review of the commissioner of
10-17 agriculture's order is final; or
10-18 (2) request the court to stay enforcement of the
10-19 penalty by:
10-20 (A) filing with the court a sworn affidavit of
10-21 the person stating that the person is financially unable to pay the
10-22 amount of the penalty and is financially unable to give the
10-23 supersedeas bond; and
10-24 (B) giving a copy of the affidavit to the
10-25 designated employee by certified mail.
11-1 (l) A designated employee who receives a copy of an
11-2 affidavit under Subsection (k)(2) of this section may file with the
11-3 court, within five days after the date the copy is received, a
11-4 contest to the affidavit. The court shall hold a hearing on the
11-5 facts alleged in the affidavit as soon as practicable and shall
11-6 stay the enforcement of the penalty on finding that the alleged
11-7 facts are true. The person who files an affidavit has the burden
11-8 of proving that the person is financially unable to pay the amount
11-9 of the penalty and to give a supersedeas bond.
11-10 (m) If the person does not pay the amount of the penalty and
11-11 the enforcement of the penalty is not stayed, the designated
11-12 employee may refer the matter to the attorney general for
11-13 collection of the amount of the penalty.
11-14 (n) Judicial review of the order of the commissioner of
11-15 agriculture:
11-16 (1) is instituted by filing a petition as provided by
11-17 Subchapter G, Chapter 2001, Government Code; and
11-18 (2) is under the substantial evidence rule.
11-19 (o) If the court sustains the occurrence of the violation,
11-20 the court may uphold or reduce the amount of the penalty and order
11-21 the person to pay the full or reduced amount of the penalty. If
11-22 the court does not sustain the occurrence of the violation, the
11-23 court shall order that no penalty is owed.
11-24 (p) When the judgment of the court becomes final, the court
11-25 shall proceed under this subsection. If the person paid the amount
12-1 of the penalty and if that amount is reduced or is not upheld by
12-2 the court, the court shall order that the appropriate amount plus
12-3 accrued interest be remitted to the person. The rate of the
12-4 interest is the rate charged on loans to depository institutions by
12-5 the New York Federal Reserve Bank, and the interest shall be paid
12-6 for the period beginning on the date the penalty was paid and
12-7 ending on the date the penalty is remitted. If the person gave a
12-8 supersedeas bond and if the amount of the penalty is not upheld by
12-9 the court, the court shall order the release of the bond. If the
12-10 person gave a supersedeas bond and if the amount of the penalty is
12-11 reduced, the court shall order the release of the bond after the
12-12 person pays the amount.
12-13 (q) A penalty collected under this section shall be remitted
12-14 to the comptroller for deposit in the general revenue fund.
12-15 (r) All proceedings under this section are subject to
12-16 Chapter 2001, Government Code, except as provided by Subsections
12-17 (s) and (t) of this section.
12-18 (s) Notwithstanding Section 2001.058, Government Code, the
12-19 commissioner of agriculture may change a finding of fact or
12-20 conclusion of law made by the administrative law judge if the
12-21 commissioner of agriculture:
12-22 (1) determines that the administrative law judge:
12-23 (A) did not properly apply or interpret
12-24 applicable law, department rules or policies, or prior
12-25 administrative decisions; or
13-1 (B) issued a finding of fact that is not
13-2 supported by a preponderance of the evidence; or
13-3 (2) determines that a department policy or a prior
13-4 administrative decision on which the administrative law judge
13-5 relied is incorrect or should be changed.
13-6 (t) The commissioner of agriculture shall state in writing
13-7 the specific reason and legal basis for a determination under
13-8 Subsection (s) of this section.
13-9 SECTION 10. Subsections (a), (b), and (e), Section 8,
13-10 Chapter 1033, Acts of the 71st Legislature, Regular Session, 1989
13-11 (Article 8614, Vernon's Texas Civil Statutes), are amended to read
13-12 as follows:
13-13 (a) A person commits an offense if the person intentionally
13-14 or knowingly violates Section 3, 3A, 3B, 4, [or] 5, or 5A of this
13-15 Act or any rule of the commissioner of agriculture [comptroller]
13-16 prescribed to enforce or implement those sections of this Act.
13-17 (b) A person commits an offense if the person intentionally
13-18 or knowingly:
13-19 (1) refuses to permit a person authorized by Section 2
13-20 of this Act to test any motor fuel sold or held for sale in this
13-21 state;
13-22 (2) refuses to permit inspection of any document
13-23 required to be kept or delivered by this Act upon request of a
13-24 person authorized to inspect such documents by Section 5 or 5A of
13-25 this Act; or
14-1 (3) mutilates, destroys, secretes, forges, or
14-2 falsifies any document, record, report, or sign required to be
14-3 delivered, kept, filed, or posted by this Act or any rule
14-4 prescribed by the commissioner of agriculture [comptroller] for the
14-5 enforcement of this Act.
14-6 (e) The commissioner of agriculture [A user, the
14-7 comptroller] or the [comptroller's] authorized representative of
14-8 the commissioner may request the appropriate prosecuting attorney
14-9 to prosecute a violation of a provision of this Act[, any law
14-10 enforcement officer, or the attorney general may file a complaint
14-11 under this section].
14-12 SECTION 11. Subsections (a), (b), (c), (e), and (f), Section
14-13 9, Chapter 1033, Acts of the 71st Legislature, Regular Session,
14-14 1989 (Article 8614, Vernon's Texas Civil Statutes), are amended to
14-15 read as follows:
14-16 (a) The commissioner of agriculture [comptroller] may adopt
14-17 rules not inconsistent with this Act for the regulation of the sale
14-18 of motor fuels containing ethanol and methanol.
14-19 (b) The comptroller by rule may impose fees for testing,
14-20 inspection, statement or record forms, sale of signs, or the
14-21 performance of other services provided as determined necessary by
14-22 the commissioner of agriculture in the administration of this Act.
14-23 (c) In addition to the fees authorized by Subsection (b) of
14-24 this section, the comptroller by rule may impose a fee to be
14-25 collected on a periodic basis determined by the comptroller from
15-1 each distributor, supplier, wholesaler, and jobber who deals in a
15-2 motor fuel, without regard to whether the motor fuel is subject to
15-3 regulation under this Act, as determined necessary by the
15-4 commissioner of agriculture. The comptroller by rule shall
15-5 prescribe the form for reporting and remitting the fees imposed by
15-6 and under this section.
15-7 (e) The total amount of the fees collected annually under
15-8 this Act may not exceed the lesser of:
15-9 (1) the costs of administering and enforcing the
15-10 provisions of this Act as determined necessary by the commissioner
15-11 of agriculture; or
15-12 (2) $500,000.
15-13 (f) The fees collected under this section may be used only:
15-14 (1) by the comptroller to defray the cost of
15-15 collecting the fees and penalties imposed by this Act but may not
15-16 exceed $25,000 annually; or
15-17 (2) by the commissioner of agriculture for the
15-18 administration and enforcement of this Act [by the comptroller and
15-19 shall be deposited in the Comptroller's Operating Fund 062].
15-20 SECTION 12. Section 10, Chapter 1033, Acts of the 71st
15-21 Legislature, Regular Session, 1989 (Article 8614, Vernon's Texas
15-22 Civil Statutes), is amended to read as follows:
15-23 Sec. 10. CONTRACTING FOR ENFORCEMENT. The commissioner of
15-24 agriculture [comptroller] may contract for the enforcement of this
15-25 Act after due notice.
16-1 SECTION 13. Chapter 1033, Acts of the 71st Legislature,
16-2 Regular Session, 1989 (Article 8614, Vernon's Texas Civil
16-3 Statutes), is amended by adding Section 11 to read as follows:
16-4 Sec. 11. DELIVERY OF DOCUMENTS TO FEDERAL GOVERNMENT. The
16-5 commissioner of agriculture, an authorized representative of the
16-6 commissioner, or the attorney general may make a copy of any
16-7 manifest, bill of sale, bill of lading, delivery ticket, letter of
16-8 certification, or other document the commissioner or attorney
16-9 general is entitled to inspect under this Act. The commissioner,
16-10 an authorized representative of the commissioner, or the attorney
16-11 general may deliver the copy of a document described by this
16-12 section to the federal government for purposes of prosecuting
16-13 persons for violations of federal law relating to the sale or
16-14 transfer of motor fuel.
16-15 SECTION 14. Subdivision (1), Subsection (a), Section 32.45,
16-16 Penal Code, is amended to read as follows:
16-17 (1) "Fiduciary" includes:
16-18 (A) trustee, guardian, administrator, executor,
16-19 conservator, and receiver;
16-20 (B) any other person acting in a fiduciary
16-21 capacity, but not a commercial bailee unless the commercial bailee
16-22 is a party in a motor fuel sales agreement with a distributor or
16-23 supplier, as those terms are defined by Section 153.001, Tax Code;
16-24 and
16-25 (C) an officer, manager, employee, or agent
17-1 carrying on fiduciary functions on behalf of a fiduciary.
17-2 SECTION 15. (a) The change in law made by Section 14 of
17-3 this Act applies only to an offense committed on or after the
17-4 effective date of this Act. For purposes of this section, an
17-5 offense is committed before the effective date of this Act if any
17-6 element of the offense occurs before the effective date.
17-7 (b) An offense committed before the effective date of this
17-8 Act is covered by the law in effect when the offense was committed,
17-9 and the former law is continued in effect for that purpose.
17-10 SECTION 16. The changes in law made by this Act relating to
17-11 a penalty that may be imposed apply only to a violation that occurs
17-12 on or after the effective date of this Act. A violation occurs on
17-13 or after the effective date of this Act if each element of the
17-14 violation occurs on or after that date. A violation that occurs
17-15 before the effective date of this Act is covered by the law in
17-16 effect when the violation occurred, and the former law is continued
17-17 in effect for that purpose.
17-18 SECTION 17. All rules adopted by the comptroller of public
17-19 accounts specifically for the administration of Chapter 1033, Acts
17-20 of the 71st Legislature, Regular Session, 1989 (Article 8614,
17-21 Vernon's Texas Civil Statutes), in effect on the effective date of
17-22 this Act remain in effect until amended or repealed by the
17-23 commissioner of agriculture under authority granted to the
17-24 commissioner by a change in law made by this Act or other law.
17-25 SECTION 18. This Act takes effect September 1, 1997, and
18-1 applies only to deliveries, transfers, or sales of motor fuel that
18-2 occur on or after that date.
18-3 SECTION 19. The importance of this legislation and the
18-4 crowded condition of the calendars in both houses create an
18-5 emergency and an imperative public necessity that the
18-6 constitutional rule requiring bills to be read on three several
18-7 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 665 passed the Senate on
April 8, 1997, by a viva-voce vote; and that the Senate concurred
in House amendments on May 28, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 665 passed the House, with
amendments, on May 25, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor