AN ACT
 1-1     relating to the regulation of certain providers of service
 1-2     contracts; providing penalties.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Chapter 20, Title 132, Revised Statutes, is
 1-5     amended by adding Article 9034 to read as follows:
 1-6           Art. 9034.  REGULATION OF CERTAIN SERVICE CONTRACT PROVIDERS
 1-7           Sec. 1.  SHORT TITLE.  This article may be cited as the
 1-8     "Service Contract Regulatory Act."
 1-9           Sec. 2.  DEFINITIONS.  In this article:
1-10                 (1)  "Administrator" means the person responsible for
1-11     the administration of a service contract or service contract plan.
1-12     The term includes a person responsible for any filings required by
1-13     this article.
1-14                 (2)  "Commissioner" means the commissioner of licensing
1-15     and regulation.
1-16                 (3)  "Commission" means the Texas Commission of
1-17     Licensing and Regulation.
1-18                 (4)  "Consumer" means an individual who buys, other
1-19     than for purposes of resale, any tangible personal property that
1-20     is:
1-21                       (A)  distributed in commerce; and
1-22                       (B)  normally used for personal, family, or
1-23     household purposes and not for business or research purposes.
1-24                 (5)  "Department" means the Texas Department of
 2-1     Licensing and Regulation.
 2-2                 (6)  "Maintenance agreement" means an agreement of
 2-3     limited duration that provides only for scheduled maintenance.
 2-4                 (7)  "Person" means an individual or a partnership,
 2-5     company, corporation, association, or other group, however
 2-6     organized.
 2-7                 (8)  "Premium" means the consideration paid to an
 2-8     insurer for a reimbursement insurance policy.
 2-9                 (9)  "Provider" means a person who is contractually
2-10     obligated to the service contract holder under the terms of the
2-11     service contract.
2-12                 (10)  "Provider fee" means the consideration paid for a
2-13     service contract.
2-14                 (11)  "Reimbursement insurance policy" means a policy
2-15     of insurance issued to a provider to:
2-16                       (A)  provide reimbursement to the provider under
2-17     the terms of the insured service contracts issued or sold by the
2-18     provider; or
2-19                       (B)  pay on behalf of the provider, in the event
2-20     of the provider's nonperformance, all covered contractual
2-21     obligations incurred by the provider under the terms of the insured
2-22     service contracts issued or sold by the provider.
2-23                 (12)  "Service contract" means an agreement, entered
2-24     into for a separately stated consideration and for a specified
2-25     term, under which a provider agrees to repair, replace, or maintain
2-26     a product, or provide indemnification for the repair, replacement,
 3-1     or maintenance of a product, for operational or structural failure
 3-2     caused by a defect in materials or workmanship or by normal wear.
 3-3     A service contract may additionally provide for incidental payment
 3-4     or indemnity under limited circumstances, including towing, rental,
 3-5     and emergency road service, or for the repair or replacement of a
 3-6     product for damage resulting from power surges or accidental damage
 3-7     incurred in handling the product.
 3-8                 (13)  "Service contract holder" means a person who
 3-9     purchases or otherwise holds a service contract.
3-10                 (14)  "Warranty" means, in relation to a product or
3-11     service, an undertaking that guarantees indemnity for defective
3-12     parts, mechanical or electrical breakdown, labor costs, or other
3-13     remedial measures, such as repair or replacement of the product or
3-14     repetition of services, and that is:
3-15                       (A)  made solely by the manufacturer, importer,
3-16     or seller of the product or services;
3-17                       (B)  made without payment of additional
3-18     consideration;
3-19                       (C)  not negotiated or separated from the sale of
3-20     the product or service; and
3-21                       (D)  incidental to the sale of the product or
3-22     service.
3-23           Sec. 3.  POWERS AND DUTIES OF COMMISSIONER.  (a)  The
3-24     commissioner may adopt rules as necessary to implement this
3-25     article.
3-26           (b)  The commissioner may conduct investigations of
 4-1     providers, administrators, or other persons as necessary to enforce
 4-2     this article and protect service contract holders in this state.
 4-3     On request of the commissioner, a provider shall make the
 4-4     provider's records maintained under Section 9 of this article
 4-5     regarding service contracts sold by the provider available to the
 4-6     commissioner as necessary to enable the commissioner to reasonably
 4-7     determine compliance with this article.
 4-8           Sec. 4.  SERVICE CONTRACT PROVIDERS ADVISORY BOARD.  (a)  The
 4-9     service contract providers advisory board is an advisory body to
4-10     the department.  The advisory board shall advise:
4-11                 (1)  the commissioner in adopting rules and enforcing
4-12     and administering this article; and
4-13                 (2)  the commission in setting fees.
4-14           (b)  The advisory board is composed of six members appointed
4-15     by the commissioner as follows:
4-16                 (1)  two members must be officers, directors, or
4-17     employees of a provider of service contracts that have been
4-18     approved by the commissioner;
4-19                 (2)  two members must be officers, directors, or
4-20     employees of a retail outlet or other entity located in this state
4-21     that provides to consumers service contracts approved by the
4-22     commissioner for sale to consumers;
4-23                 (3)  one member must be an officer, director, or
4-24     employee of an entity approved by the Texas Department of Insurance
4-25     to sell reimbursement insurance policies; and
4-26                 (4)  one member must be a resident of this state who
 5-1     has, as a consumer, a service contract in force in this state at
 5-2     the time of the appointment that is issued by a provider registered
 5-3     under this article.
 5-4           (c)  A member of the advisory board serves a term of six
 5-5     years with terms expiring on February 1 of odd-numbered years.
 5-6           (d)  The commissioner shall designate one member of the
 5-7     advisory board to serve as presiding officer.  The commissioner or
 5-8     the commissioner's designee shall serve as an ex officio nonvoting
 5-9     member of the advisory board.  The commissioner shall fill any
5-10     vacancy on the advisory board for the remainder of the unexpired
5-11     term with an individual who represents the same interests with
5-12     which the predecessor was identified.
5-13           (e)  The advisory board shall meet at least every six months
5-14     and may meet at other times at the call of the presiding officer.
5-15     The advisory board shall meet at a location in this state
5-16     designated by the advisory board.
5-17           (f)  A decision of the advisory board is not effective unless
5-18     it receives the affirmative vote of at least four members.
5-19           (g)  The advisory board members serve without compensation.
5-20     A member is entitled to reimbursement for actual and necessary
5-21     expenses incurred in performing functions as a member of the
5-22     advisory board, subject to any applicable limitation on
5-23     reimbursement provided by the General Appropriations Act.
5-24           Sec. 5.  REGISTRATION REQUIREMENTS; EXEMPTIONS.  (a)  A
5-25     person may not operate as a provider of service contracts sold in
5-26     this state unless the person is registered with the department.
 6-1     Except for this registration requirement, providers and service
 6-2     contract sellers, administrators, and other persons marketing,
 6-3     selling, or offering to sell service contracts are exempt from any
 6-4     licensing requirements of this state that relate to the activities
 6-5     regulated under this article.
 6-6           (b)  Each applicant for registration shall file a
 6-7     registration application with the commissioner in the form
 6-8     prescribed by the commissioner that includes evidence satisfactory
 6-9     to the commissioner of compliance with the financial security
6-10     requirements adopted under Section 6 of this article.
6-11           (c)  Each registered provider shall pay an annual
6-12     registration fee not to exceed $2,000 as set by the commission to
6-13     cover the costs of administrating this article.  The commissioner
6-14     shall develop a tiered fee structure under which registration fees
6-15     are assessed on providers based on the number of service contracts
6-16     sold within this state in the prior 12-month period.  The
6-17     information submitted to the commissioner under this section
6-18     regarding the number of service contracts sold by a provider may
6-19     only be used by the commissioner and the department in determining
6-20     the tiered fee structure.  Information concerning the number of
6-21     service contracts sold by a provider that is submitted under this
6-22     section is a trade secret and subject to Section 552.110,
6-23     Government Code.
6-24           (d)  The marketing, sale, offering for sale, issuance,
6-25     making, proposing to make, and administration of service contracts
6-26     are exempt from:
 7-1                 (1)  the Insurance Code and other laws of this state
 7-2     regulating the business of insurance;
 7-3                 (2)  Article 6573b, Revised Statutes; and
 7-4                 (3)  Chapter 722, Transportation Code.
 7-5           (e)  The following contracts and agreements are specifically
 7-6     exempt from the application of this article and are only subject to
 7-7     other statutes and laws which specifically apply to them:
 7-8                 (1)  warranties;
 7-9                 (2)  maintenance agreements;
7-10                 (3)  service contracts sold or offered for sale to
7-11     persons other than consumers;
7-12                 (4)  residential service contracts sold by entities
7-13     licensed by the Texas Real Estate Commission under Article 6573b,
7-14     Revised Statutes;
7-15                 (5)  agreements issued by automobile service clubs
7-16     certified under Chapter 722, Transportation Code;
7-17                 (6)  service contracts sold by a motor vehicle dealer
7-18     on vehicles sold by that dealer if the dealer is the provider and
7-19     is licensed as a motor vehicle dealer pursuant to Subchapter D,
7-20     Texas Motor Vehicle Commission Code (Article 4413(36), Vernon's
7-21     Texas Civil Statutes), and covers its obligations under the service
7-22     contract with a reimbursement insurance policy as defined by
7-23     Section 2(11) of this article; and
7-24                 (7)  contracts or agreements offered by local exchange
7-25     telephone companies providing repair for inside telephone wiring
7-26     for which the term does not exceed one month and which the consumer
 8-1     can terminate before commencing a new term without liability except
 8-2     for payment of charges for the current term.
 8-3           Sec. 6.  FINANCIAL SECURITY REQUIREMENTS.  (a)  To ensure the
 8-4     faithful performance of a provider's obligations to its service
 8-5     contract holders, each provider shall comply with one of the
 8-6     following financial security requirements:
 8-7                 (1)  insure its service contracts under a reimbursement
 8-8     insurance policy issued by an insurer authorized to transact
 8-9     insurance in this state or under a surplus lines insurance policy
8-10     issued by an insurer eligible to place coverage in this state as
8-11     regulated under Article 1.14-2, Insurance Code;
8-12                 (2)(A)  maintain a funded reserve account for its
8-13     obligations under its service contracts issued and outstanding in
8-14     this state.  The reserves shall be not less than 40 percent of the
8-15     gross consideration received from consumers, less claims paid, on
8-16     the sale of the service contract for all in-force contracts.  The
8-17     reserve account shall be subject to examination and review by the
8-18     commissioner; and
8-19                       (B)  place in trust with the commissioner a
8-20     financial security deposit, having a value of not less than five
8-21     percent of the gross consideration received from consumers, less
8-22     claims paid, on the sale of the service contract for all service
8-23     contracts issued and outstanding in this state, but not less than
8-24     $25,000, and consisting of:
8-25                             (i)  a surety bond issued by an authorized
8-26     surety;
 9-1                             (ii)  securities of the type eligible for
 9-2     deposit by authorized insurers in this state;
 9-3                             (iii)  a statutory deposit of cash or cash
 9-4     equivalents;
 9-5                             (iv)  a letter of credit issued by a
 9-6     qualified financial institution; or
 9-7                             (v)  another form of security prescribed by
 9-8     rules issued by the commissioner; or
 9-9                 (3)(A)  maintain, or have its parent company maintain,
9-10     a net worth or stockholders' equity of at least $100 million; and
9-11                       (B)  upon request, provide the commissioner a
9-12     copy of the provider's or the provider's parent company's most
9-13     recent Form 10-K or Form 20-F filed with the Securities and
9-14     Exchange Commission within the last calendar year or, if the
9-15     company does not file with the Securities and Exchange Commission,
9-16     a copy of the provider's or the provider's parent company's audited
9-17     financial statements showing a net worth of the provider or its
9-18     parent company of at least $100 million.  If the provider's parent
9-19     company's Form 10-K, Form 20-F, or audited financial statements are
9-20     filed to meet the provider's financial stability requirement, the
9-21     parent company shall agree to guarantee the obligations of the
9-22     provider relating to service contracts sold by the provider in this
9-23     state.
9-24           (b)  No other financial security requirements shall be
9-25     required by the commissioner for service contract providers.
9-26           Sec. 7.  REIMBURSEMENT INSURANCE POLICY.  (a)  In order for a
 10-1    provider to comply with Section 6 of this article through the use
 10-2    of a reimbursement insurance policy, such policy must state that:
 10-3                (1)  the insurer that issued the reimbursement
 10-4    insurance policy shall reimburse or pay on behalf of the provider
 10-5    any covered amounts the provider is legally obligated to pay or
 10-6    shall provide the service that the provider is legally obligated to
 10-7    perform according to the provider's contractual obligations under
 10-8    the insured service contract issued or sold by the provider; and
 10-9                (2)  if the covered service is not provided to a
10-10    service contract holder within 60 days of proof of loss, payment
10-11    shall be made directly from the reimbursement insurer to the
10-12    service contract holder or the reimbursement insurer shall provide
10-13    the required service.
10-14          (b)  An insurer that issues a reimbursement insurance policy
10-15    under this article may not cancel the policy until the insurer
10-16    delivers to the provider a written notice of cancellation that
10-17    complies with the requirements adopted for those notices under
10-18    Articles 21.49-2A and 21.49-2B, Insurance Code.  The provider shall
10-19    forward a copy of the cancellation notice to the commissioner not
10-20    later than the 15th business day after the date the notice is
10-21    delivered to the provider.  The cancellation of a reimbursement
10-22    insurance policy does not reduce the insurer's responsibility for
10-23    service contracts issued by the provider and insured under the
10-24    policy before the date of the cancellation.
10-25          (c)  For purposes of this section, the provider is considered
10-26    the agent of the insurer that issues the reimbursement insurance
 11-1    policy for purposes of obligating the insurer to service contract
 11-2    holders in accordance with the service contract and this article.
 11-3          (d)  This article does not prevent or limit the right of an
 11-4    insurer that issues a reimbursement insurance policy to seek
 11-5    indemnification or subrogation against a provider if the insurer
 11-6    pays or is obligated to pay a service contract holder any amount
 11-7    that the provider is obligated to pay under the terms of the
 11-8    service contract.
 11-9          Sec. 8.  GENERAL PROVIDER OPERATION REQUIREMENTS.  (a)  A
11-10    provider may appoint an administrator or other designee to be
11-11    responsible for any or all of the administration or sale of service
11-12    contracts and for compliance with this article.
11-13          (b)  A service contract may not be issued, sold, or offered
11-14    for sale in this state unless the provider has provided to the
11-15    service contract holder:
11-16                (1)  a receipt for, or other written evidence of, the
11-17    purchase of the service contract; and
11-18                (2)  a copy of the service contract within a reasonable
11-19    period after the date of purchase.
11-20          Sec. 9.  PROVIDER RECORDS.  (a)  Each provider shall maintain
11-21    accurate accounts, books, and other records regarding transactions
11-22    regulated under this article.  The provider's records must include:
11-23                (1)  a copy of each unique form of service contract
11-24    sold;
11-25                (2)  the name and address of each service contract
11-26    holder, if the name and address have been furnished by the contract
 12-1    holder;
 12-2                (3)  a list of the locations at which the provider's
 12-3    service contracts are marketed, sold, or offered for sale; and
 12-4                (4)  written claims files that contain at least the
 12-5    dates and descriptions of claims related to the service contracts.
 12-6          (b)  Except as provided by Subsection (d) of this section,
 12-7    each provider shall retain all records required to be maintained
 12-8    under Subsection (a) of this section at least until the first
 12-9    anniversary of the expiration date under the contract of the
12-10    specified period of coverage.
12-11          (c)  The records required to be maintained under this section
12-12    may be maintained in an electronic medium or through other
12-13    recordkeeping technology.  If a record is maintained in a format
12-14    other than hard copy, the provider must be able to reformat the
12-15    record into legible hard copy at the request of the commissioner.
12-16          (d)  A provider who discontinues business in this state shall
12-17    maintain its records until the provider furnishes the commissioner
12-18    with proof satisfactory to the commissioner that the provider has
12-19    discharged all obligations to service contract holders in this
12-20    state.
12-21          Sec. 10.  REQUIRED DISCLOSURES.  (a)  Each service contract
12-22    marketed, sold, offered for sale, issued, made, proposed to be
12-23    made, or administered in this state shall be written, printed, or
12-24    typed in clear, understandable language that is easy to read and
12-25    shall disclose the applicable requirements set forth in this
12-26    section.
 13-1          (b)  A service contract insured under a reimbursement
 13-2    insurance policy under Section 6(a) of this article must contain a
 13-3    statement substantially similar to the following:  "Obligations of
 13-4    the provider under this service contract are insured under a
 13-5    service contract reimbursement insurance policy."  The service
 13-6    contract shall state the name and address of the insurer and state
 13-7    that in the event covered service is not provided by the service
 13-8    contract provider within 60 days of proof of loss by the service
 13-9    contract holder, the service contract holder may apply for
13-10    reimbursement directly to the service contract reimbursement
13-11    insurance company.
13-12          (c)  A service contract that is not insured under a
13-13    reimbursement insurance policy must contain a statement
13-14    substantially similar to the following: "Obligations of the
13-15    provider under this service contract are backed by the full faith
13-16    and credit of the provider."
13-17          (d)  Each service contract shall state the name and address
13-18    of the provider and shall identify any administrator, if different
13-19    from the provider, the service contract seller, and the service
13-20    contract holder, to the extent that the name of the service
13-21    contract holder has been furnished by the service contract holder.
13-22    The identities of those persons are not required to be preprinted
13-23    on the service contract and may be added to the service contract at
13-24    the time of sale.
13-25          (e)  Each service contract must state the purchase price of
13-26    the contract and the terms under which the contract is sold.  The
 14-1    purchase price is not required to be preprinted on the service
 14-2    contract and may be negotiated at the time of sale with the service
 14-3    contract holder.
 14-4          (f)  Each service contract must state the terms,
 14-5    restrictions, or conditions governing cancellation of the service
 14-6    contract by either the provider or the service contract holder
 14-7    before the expiration date of the service contract.  A provider
 14-8    shall mail a written notice of cancellation to the service contract
 14-9    holder at the last known address of the service contract holder
14-10    contained in the records of the provider before the fifth day
14-11    preceding the effective date of the cancellation.  Prior notice is
14-12    not required if the reason for cancellation is nonpayment of the
14-13    provider fee, a material misrepresentation by the service contract
14-14    holder to the provider, or a substantial breach of duties by the
14-15    service contract holder relating to the covered product or its use.
14-16    The notice must state the effective date of the cancellation and
14-17    the reason for the cancellation.
14-18          (g)  Each service contract must:
14-19                (1)  state the amount of any deductible, if applicable;
14-20                (2)  specify the products and services to be provided
14-21    and any limitations, exceptions, or exclusions;
14-22                (3)  specify any restrictions governing the
14-23    transferability of the service contract;
14-24                (4)  state the duties of the service contract holder,
14-25    including any duty to protect against any further damage and any
14-26    requirement to follow owner's manual instructions; and
 15-1                (5)  if applicable, state whether the service contract
 15-2    provides for or excludes consequential damages or preexisting
 15-3    conditions.
 15-4          Sec. 11.  VOIDING OF CONTRACT.  (a)  Each service contract
 15-5    shall require the provider to permit the service contract holder to
 15-6    return the service contract not later than the 20th day after the
 15-7    date the service contract was mailed to the service contract holder
 15-8    or, if the service contract is delivered to the service contract
 15-9    holder at the time of sale, not later than the  10th day after the
15-10    date of delivery.  A service contract holder may void the service
15-11    contract at a later time as permitted by the service contract.
15-12          (b)  If a contract holder returns a service contract under
15-13    Subsection (a) of this section and a claim has not been made under
15-14    the service contract before its return to the provider, the service
15-15    contract is void and the provider shall refund to the service
15-16    contract holder or credit to the account of the service contract
15-17    holder the full purchase price of the service contract.  The right
15-18    provided by this section to void the service contract is not
15-19    transferable and applies only to the original service contract
15-20    purchaser.  If a service contract is voided under this section and
15-21    the provider does not pay the refund or credit the service contract
15-22    holder's account before the 46th day after the date of the return
15-23    of the service contract to the provider, the provider is liable to
15-24    the contract holder for a penalty in an amount not to exceed 10
15-25    percent of the amount outstanding per month.
15-26          Sec. 12.  LIMITATIONS ON PROVIDER NAME.  (a)  A provider may
 16-1    not use:
 16-2                (1)  in its name the words insurance, casualty, surety,
 16-3    mutual, or any other words descriptive of the insurance, casualty,
 16-4    or surety business;
 16-5                (2)  a name deceptively similar to the name or
 16-6    description of any insurance or surety corporation; or
 16-7                (3)  a name deceptively similar to the name of any
 16-8    other provider.
 16-9          (b)  A provider may use the word "guaranty" or a similar
16-10    word.
16-11          (c)  This section does not apply to a provider that, before
16-12    September 1, 1999, used a word prohibited under this section in its
16-13    name, but that provider must include in each of its service
16-14    contracts a statement in substantially the following form:  "This
16-15    agreement is not an insurance contract."
16-16          Sec. 13.  PROHIBITED ACTS.  (a)  A provider, or a provider's
16-17    representative, may not, in the provider's service contracts or
16-18    literature:
16-19                (1)  make, permit, or cause to be made any false or
16-20    misleading statement; or
16-21                (2)  deliberately omit a material statement that would
16-22    be considered misleading if omitted.
16-23          (b)  A person, including a bank, savings and loan
16-24    association, lending institution, manufacturer, or seller of any
16-25    product, may not require the purchase of a service contract as a
16-26    condition of a loan or the sale of any property.
 17-1          Sec. 14.  ENFORCEMENT.  (a)  On a finding that a ground for
 17-2    disciplinary action exists under one or more provisions of this
 17-3    article, the commissioner may impose appropriate administrative
 17-4    sanctions, including an administrative penalty as provided by
 17-5    Article 9100, Revised Statutes.  An administrative penalty imposed
 17-6    under this section may not exceed $500 per violation or $10,000 in
 17-7    the aggregate for all violations of a similar nature.
 17-8          (b)  A disciplinary action taken under this article is
 17-9    subject to Section 17(d), Article 9100, Revised Statutes.
17-10          (c)  The commissioner may bring an action for injunctive
17-11    proceedings under Section 18, Article 9100, Revised Statutes, for a
17-12    threatened or existing violation of this article or the
17-13    commissioner's orders or rules adopted under this article and may
17-14    also bring an action for civil penalties as provided by that
17-15    section.  A civil penalty assessed under this subsection may not
17-16    exceed $2,500 per violation or $50,000 in the aggregate for all
17-17    violations of a similar nature.
17-18          (d)  For purposes of Subsections (a) and (c) of this section,
17-19    a violation is of a similar nature if the violation consists of the
17-20    same or a similar course of conduct, action, or practice,
17-21    regardless of the number of times the act, conduct, or practice
17-22    determined to be a violation of this article occurred.
17-23          SECTION 2.  Section 348.208, Finance Code, is amended by
17-24    adding Subsection (c) to read as follows:
17-25          (c)  Notwithstanding any other law, service contracts sold by
17-26    a retail seller of a motor vehicle to a retail buyer are not
 18-1    subject to 1.14-1, Insurance Code.
 18-2          SECTION 3.  (a)  Article 9034, Revised Statutes, as added by
 18-3    this Act, takes effect September 1, 1999, and applies only to a
 18-4    service contract entered into on or after January 1, 2000.  A
 18-5    service contract entered into before that date and renewed after
 18-6    that date is not subject to that article.
 18-7          (b)  A person regulated under Article 9034, Revised Statutes,
 18-8    as added by this Act, is not required to comply with that article
 18-9    until January 1, 2000, but may implement the requirements of that
18-10    article before January 1, 2000.  The failure of a provider or other
18-11    person to comply with that article or otherwise to administer a
18-12    service contract plan in the manner required by that article before
18-13    January 1, 2000, is not admissible in any court, arbitration, or
18-14    alternative dispute resolution proceeding and may not otherwise be
18-15    used to prove that the action of any person or the affected service
18-16    contract was unlawful or otherwise improper.
18-17          SECTION 4.  The importance of this legislation and the
18-18    crowded condition of the calendars in both houses create an
18-19    emergency and an imperative public necessity that the
18-20    constitutional rule requiring bills to be read on three several
18-21    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. 1775 passed the Senate on
         April 14, 1999, by a viva-voce vote; and that the Senate concurred
         in House amendment on May 28, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 1775 passed the House, with
         amendment, on May 26, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
         Approved:
         _______________________________
                     Date
         _______________________________
                   Governor