1-1                                   AN ACT
 1-2     relating to a college savings plan for qualified higher education
 1-3     expenses.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 54, Education Code, is amended by adding
 1-6     Subchapter G to read as follows:
 1-7                SUBCHAPTER G.  HIGHER EDUCATION SAVINGS PLAN
 1-8           Sec. 54.701.  DEFINITIONS.  In this subchapter:
 1-9                 (1)  "Beneficiary" means an individual designated as
1-10     the individual whose qualified higher education expenses are
1-11     expected to be paid from the savings trust account.
1-12                 (2)  "Board" means the Prepaid Higher Education Tuition
1-13     Board.
1-14                 (3)  "Eligible educational institution" has the meaning
1-15     assigned by Section 529, Internal Revenue Code of 1986, as amended.
1-16                 (4)  "Financial institution" means a bank, trust
1-17     company, savings and loan association, credit union, broker-dealer,
1-18     mutual fund, insurance company, or other similar financial
1-19     institution authorized to transact business in this state.
1-20                 (5)  "Nonqualified withdrawal" means a withdrawal from
1-21     a savings trust account other than:
1-22                       (A)  a qualified withdrawal;
1-23                       (B)  a withdrawal made as the result of the death
1-24     or disability of the beneficiary of the account; or
1-25                       (C)  a withdrawal made due to a scholarship or to
 2-1     an allowance or payment described by Section 135(d)(1)(B) or (C),
 2-2     Internal Revenue Code of 1986, as amended, received by the
 2-3     beneficiary to the extent the amount of the withdrawal does not
 2-4     exceed the amount of the scholarship, allowance, or payment, in
 2-5     accordance with federal law.
 2-6                 (6)  "Plan" means the higher education savings plan
 2-7     established under this subchapter.
 2-8                 (7)  "Plan manager" means a financial institution under
 2-9     contract with the board to serve as plan administrator.
2-10                 (8)  "Qualified higher education expenses" means
2-11     tuition, fees, or expenses for books, supplies, and equipment
2-12     required for the enrollment or attendance of an individual at an
2-13     eligible educational institution, the costs of room and board, and
2-14     any other higher education expenses that may be permitted under
2-15     Section 529, Internal Revenue Code of 1986, as amended.
2-16                 (9)  "Qualified withdrawal" means a withdrawal from a
2-17     savings trust account to pay the qualified higher education
2-18     expenses of the beneficiary of the account.
2-19                 (10)  "Savings trust account" means an account
2-20     established through the plan by an individual under this subchapter
2-21     on behalf of a beneficiary in order to apply distributions from the
2-22     account toward qualified higher education expenses at eligible
2-23     educational institutions.
2-24                 (11)  "Savings trust agreement" means the agreement
2-25     between an individual establishing a savings trust account and the
2-26     board.
 3-1           Sec. 54.702.  POWERS AND DUTIES OF BOARD.  (a)  The board
 3-2     shall:
 3-3                 (1)  develop and implement the plan in a manner
 3-4     consistent with this subchapter;
 3-5                 (2)  select the financial institution or institutions
 3-6     to serve as plan manager; and
 3-7                 (3)  adopt rules governing withdrawal of money from a
 3-8     savings trust account and develop policies and penalties for
 3-9     nonqualified withdrawals.
3-10           (b)  The board may seek rulings and other guidance from the
3-11     United States Department of the Treasury, the Internal Revenue
3-12     Service, and the Securities and Exchange Commission relating to the
3-13     plan as necessary for proper implementation and development of the
3-14     plan.  The board shall make changes to the plan as necessary for
3-15     savings trust account owners and beneficiaries of the plan to
3-16     obtain or maintain federal income tax benefits or treatment
3-17     provided by Section 529, Internal Revenue Code of 1986, as amended,
3-18     and exemptions under federal securities laws.
3-19           (c)  The board shall collect administrative fees and service
3-20     charges in connection with any agreement, contract, or transaction
3-21     relating to the plan in amounts not exceeding the cost of
3-22     establishing and maintaining the plan.
3-23           (d)  A savings trust agreement must be developed and approved
3-24     by the board.  The board shall review for compliance with
3-25     applicable law and must approve in advance any informational
3-26     materials that a plan manager provides to participants or potential
 4-1     participants in the plan.
 4-2           (e)  The board shall adopt a policy to prevent contributions
 4-3     to an account on behalf of a beneficiary in excess of those
 4-4     necessary to pay the qualified higher education expenses of the
 4-5     beneficiary.
 4-6           (f)  The board shall monitor contributions to and withdrawals
 4-7     from the plan and each plan account to ensure that any applicable
 4-8     limits on contributions or withdrawals are not exceeded.
 4-9           (g)  The board shall prepare and file statements and
4-10     information returns relating to accounts to the extent required by
4-11     federal or state tax law.
4-12           Sec. 54.703.  OPERATION OF PLAN; ACCOUNTS HELD IN TRUST.
4-13     (a)  The board shall administer a higher education savings plan to
4-14     enable individuals to save money for the qualified higher education
4-15     expenses of an individual by establishing a savings trust account
4-16     in the plan.
4-17           (b)  Money contributed to a savings trust account and
4-18     earnings on the account are held in trust by the board for the sole
4-19     benefit of the account owner and beneficiary.
4-20           Sec. 54.704.  SELECTION OF FINANCIAL INSTITUTION AS PLAN
4-21     MANAGER.  (a)  The board shall contract with one or more financial
4-22     institutions to serve as plan manager and to invest the money in
4-23     savings trust accounts.  The board shall ensure that investments by
4-24     a plan manager are made with the judgment and care that persons of
4-25     prudence, discretion, and intelligence exercise in the management
4-26     of the property of another, not in regard to speculation but in
 5-1     regard to the permanent disposition of funds, considering the
 5-2     probable income as well as the probable safety of capital.
 5-3           (b)  The board shall solicit proposals from financial
 5-4     institutions to serve as plan managers.
 5-5           (c)  The board shall select a plan manager or managers from
 5-6     among bidding financial institutions that demonstrate the most
 5-7     advantageous combination to account owners and beneficiaries, based
 5-8     on the following factors:
 5-9                 (1)  financial stability and integrity;
5-10                 (2)  the ability of the financial institution, directly
5-11     or through a subcontract, to satisfy recordkeeping and reporting
5-12     requirements;
5-13                 (3)  the financial institution's strategy for promoting
5-14     the plan and the investment that the financial institution is
5-15     willing to make to promote the plan;
5-16                 (4)  the historic ability of the portfolios or
5-17     investment strategies to be used by the financial institution to
5-18     track the estimated costs of higher education as calculated by the
5-19     United States Department of Education;
5-20                 (5)  the fees, if any, proposed to be charged to
5-21     account owners for maintaining accounts;
5-22                 (6)  the minimum contributions that the financial
5-23     institution will require and the willingness of the financial
5-24     institution to accept contributions through payroll deduction plans
5-25     or systematic deposit plans; and
5-26                 (7)  any other proposed benefits to this state or to
 6-1     its residents.
 6-2           (d)  The board may require that any financial institution
 6-3     selected provide several investment options to account owners,
 6-4     taking into consideration the age of the beneficiary and the number
 6-5     of years remaining until likely enrollment at an eligible
 6-6     educational institution.  To the extent permitted by federal law,
 6-7     the investment options may include mutual funds, fixed annuities,
 6-8     variable annuities, and variable life insurance policies.
 6-9           Sec. 54.705.  DUTIES OF PLAN MANAGER.  (a)  A plan manager
6-10     shall:
6-11                 (1)  take all actions required to keep the plan in
6-12     compliance with this subchapter, to ensure that the plan qualifies
6-13     as a qualified state tuition program under Section 529, Internal
6-14     Revenue Code of 1986, as amended, and to ensure that the plan is
6-15     exempt from registration under federal securities law;
6-16                 (2)  keep adequate and separate records of each savings
6-17     trust account and provide the board with the information necessary
6-18     to prepare the reports required by Section 529, Internal Revenue
6-19     Code of 1986, as amended, or to file those reports on behalf of the
6-20     board;
6-21                 (3)  compile necessary information for statements to
6-22     account owners and statements required by federal or state tax law
6-23     and provide those compilations to the board; and
6-24                 (4)  provide representatives of the board with access
6-25     to the books and records of the manager as necessary to determine
6-26     compliance with the plan manager contract.
 7-1           (b)  A plan manager shall hold all savings trust accounts in
 7-2     trust as authorized by the board in the plan manager contract.  A
 7-3     plan manager shall make investments according to the standard
 7-4     provided by Section 54.704(a).
 7-5           (c)  A plan manager shall develop a strategy to promote the
 7-6     plan and, on approval by the board, promote the plan according to
 7-7     that strategy.
 7-8           (d)  A plan manager may provide for any financial institution
 7-9     to market the plan on its behalf and to provide account services to
7-10     an individual who opens or owns a savings trust account
7-11     administered by the plan manager.  A financial institution that
7-12     markets the plan or provides account services under this subsection
7-13     may charge a fee or commission for those services.
7-14           Sec. 54.706.  CONTRACT BETWEEN BOARD AND PLAN MANAGER.
7-15     (a)  A contract between the board and a financial institution to
7-16     act as a plan manager under this subchapter must be for a term of
7-17     at least five years and may be renewable.
7-18           (b)  If the contract is not renewed, the following conditions
7-19     apply at the end of the term of the contract, so long as applying
7-20     the conditions does not disqualify the plan as a qualified state
7-21     tuition program under Section 529, Internal Revenue Code of 1986,
7-22     as amended:
7-23                 (1)  the board shall continue to maintain the plan at
7-24     the financial institution;
7-25                 (2)  accounts previously established at the financial
7-26     institution may not be terminated, except as provided by
 8-1     Subdivision (5) or Subsection (c);
 8-2                 (3)  additional contributions may be made to the
 8-3     accounts;
 8-4                 (4)  new accounts may not be opened with that financial
 8-5     institution; and
 8-6                 (5)  if the board determines that continuing the
 8-7     accounts at that financial institution is not in the best interest
 8-8     of the account owners, the accounts may be transferred to another
 8-9     financial institution acting as a plan manager.
8-10           (c)  The board may cancel a plan manager contract with a
8-11     financial institution for a violation of the contract or a
8-12     provision of this subchapter by the financial institution at any
8-13     time.  If a contract is terminated under this subsection, the board
8-14     shall take custody of accounts held at that financial institution
8-15     and shall promptly seek to transfer the accounts to another
8-16     financial institution acting as a plan manager and into investment
8-17     instruments as similar to the original investment instruments as
8-18     possible.
8-19           Sec. 54.707.  SAVINGS TRUST ACCOUNTS.  (a)  An individual may
8-20     open a savings trust account to save money for the payment of the
8-21     qualified higher education expenses of a beneficiary.  The
8-22     individual who opens the account is the owner of the account.  The
8-23     owner of the account may also be the beneficiary.
8-24           (b)  An individual may open an account by entering into a
8-25     savings trust agreement with the board as prescribed and approved
8-26     by the board and making the minimum contribution required by the
 9-1     plan manager selected by the individual to open an account.
 9-2           (c)  A savings trust agreement must include the following
 9-3     terms:
 9-4                 (1)  the name and address of the savings trust account
 9-5     owner;
 9-6                 (2)  the name, address, and date of birth of the
 9-7     beneficiary on whose behalf the account is opened;
 9-8                 (3)  the maximum and minimum contributions allowed to
 9-9     the account;
9-10                 (4)  provisions for withdrawals, refunds, transfers,
9-11     and any penalties;
9-12                 (5)  terms and conditions for a substitution of the
9-13     beneficiary originally named;
9-14                 (6)  terms and conditions for termination of the
9-15     account, including any refunds, withdrawals, or transfers, and
9-16     applicable penalties, and the name of the person or persons
9-17     entitled to terminate the account;
9-18                 (7)  all other rights and obligations of the account
9-19     owner, the plan manager, and the board; and
9-20                 (8)  any other terms and conditions the board considers
9-21     necessary or appropriate, including those necessary to conform the
9-22     savings trust account to the requirements of Section 529, Internal
9-23     Revenue Code of 1986, as amended, or other applicable federal law.
9-24           (d)  An account owner may change the designated beneficiary
9-25     of an account as provided by Section 529, Internal Revenue Code of
9-26     1986, as amended, in accordance with procedures established by the
 10-1    board.
 10-2          Sec. 54.708.  CONTRIBUTIONS AND WITHDRAWALS; PENALTY FOR
 10-3    NONQUALIFIED WITHDRAWAL.  (a)  Contributions to a savings trust
 10-4    account may be made only in cash or by electronic funds transfer.
 10-5    An employee of the state or a political subdivision of the state
 10-6    may make contributions to a savings trust account by payroll
 10-7    deductions made by the appropriate officer of the state or
 10-8    political subdivision.
 10-9          (b)  An account owner may withdraw all or part of the balance
10-10    of an account on prior notice as authorized by board rules.  The
10-11    board shall adopt rules governing the determination whether a
10-12    withdrawal is a qualified withdrawal or a nonqualified withdrawal.
10-13    The rules may require an account owner requesting to make a
10-14    qualified withdrawal to provide a certification of qualified higher
10-15    education expenses.
10-16          (c)  In the case of a nonqualified withdrawal from an
10-17    account, an amount equal to 10 percent of the portion of the
10-18    withdrawal constituting income as determined in accordance with
10-19    Section 529, Internal Revenue Code of 1986, as amended, shall be
10-20    withheld as a penalty.
10-21          (d)  The amount of the penalty prescribed by Subsection (c)
10-22    may be increased if the board determines that the increased penalty
10-23    is necessary to constitute a greater than de minimis penalty for
10-24    purposes of qualifying the plan as a qualified state tuition
10-25    program under Section 529, Internal Revenue Code of 1986, as
10-26    amended.
 11-1          (e)  The amount of the penalty prescribed by Subsection (c)
 11-2    may be decreased by board rule if the board determines that:
 11-3                (1)  the amount of the penalty prescribed by Subsection
 11-4    (c) is greater than required to constitute a greater than de
 11-5    minimis penalty for purposes of qualifying the plan as a qualified
 11-6    state tuition program under Section 529, Internal Revenue Code of
 11-7    1986, as amended; and
 11-8                (2)  the penalty together with other revenue generated
 11-9    under this subchapter is producing more revenue than required to
11-10    cover the costs of operating the plan and to recover any prior
11-11    costs not previously recovered.
11-12          (f)  Penalties collected under this subchapter shall be used
11-13    to cover costs of administering this subchapter, and any excess
11-14    shall be treated as earnings of the savings trust accounts in the
11-15    plan.
11-16          Sec. 54.709.  ADMINISTRATION OF ACCOUNTS.  (a)  A plan
11-17    manager shall provide separate accounting for each savings trust
11-18    account.
11-19          (b)  An account owner or beneficiary may not direct the
11-20    investment of any contributions to or earnings on an account.
11-21          (c)  If the board terminates the contract of a financial
11-22    institution to act as a plan manager and accounts must be
11-23    transferred from that financial institution to another financial
11-24    institution, the board shall select the financial institution to
11-25    which the balances of the accounts are transferred.
11-26          (d)  A savings trust agreement must provide that, if after a
 12-1    specified period the savings trust agreement has not been
 12-2    terminated and the beneficiary's rights in the account have not
 12-3    been exercised, the board, after making reasonable efforts to
 12-4    contact the owner and beneficiary of the account or their agents,
 12-5    shall report the unclaimed money in the account to the comptroller.
 12-6          (e)  Money in a savings trust account is exempt from
 12-7    attachment, execution, and seizure for the satisfaction of debt or
 12-8    liability of an account owner or beneficiary.
 12-9          (f)  A savings trust account may not be assigned for the
12-10    benefit of creditors, used as security or collateral for any loan,
12-11    or otherwise subject to alienation, sale, transfer, assignment,
12-12    pledge, encumbrance, or charge.
12-13          (g)  A distribution from an account to any individual or for
12-14    the benefit of any individual during a calendar year shall be
12-15    reported to the Internal Revenue Service and to the account owner
12-16    or the beneficiary to the extent required by federal law.
12-17          (h)  A plan manager shall provide an annual statement to each
12-18    account owner not later than the January 31 after the end of each
12-19    calendar year and may provide statements more frequently than
12-20    annually.  A statement must identify the contributions made during
12-21    the reporting period, the total contributions made through the end
12-22    of the reporting period, the value of the account at the end of the
12-23    reporting period, withdrawals made during the reporting period, and
12-24    any other information the board requires.
12-25          (i)  Notwithstanding Subsection (b), if Section 529, Internal
12-26    Revenue Code of 1986, as amended, is amended to permit an account
 13-1    owner to direct the investment of a contribution to or an account
 13-2    balance in a qualified state tuition program, the board in each
 13-3    subsequent plan manager contract shall provide that each plan
 13-4    manager must provide a savings trust account owner with the ability
 13-5    to direct the investment of a contribution to the account or the
 13-6    balance in the account among a wide variety of investment options.
 13-7          Sec. 54.710.  PLAN LIMITATIONS.  (a)  Nothing in this
 13-8    subchapter or in any savings trust agreement entered into under
 13-9    this subchapter may be construed to:
13-10                (1)  give a beneficiary any rights or legal interest
13-11    with respect to a savings trust account unless the beneficiary is
13-12    the account owner;
13-13                (2)  guarantee that amounts saved under the plan will
13-14    be sufficient to cover the qualified higher education expenses of a
13-15    beneficiary; or
13-16                (3)  establish state residency for tuition or other
13-17    purposes for a beneficiary because of the designation as a
13-18    beneficiary.
13-19          (b)  Nothing in this subchapter or in any savings trust
13-20    agreement entered into under this subchapter may be construed to
13-21    create any obligation of the state, any agency or instrumentality
13-22    of the state, or a plan manager to guarantee for the benefit of an
13-23    account owner or beneficiary:
13-24                (1)  the return of any amount contributed to an
13-25    account;
13-26                (2)  the rate of interest or other return on an
 14-1    account;
 14-2                (3)  the payment of interest or other return on an
 14-3    account; or
 14-4                (4)  tuition rates or the cost of related education
 14-5    expenditures.
 14-6          (c)  The board by rule shall require that every savings trust
 14-7    agreement, deposit slip, and other similar document used in
 14-8    connection with a contribution to an account clearly indicate that
 14-9    the account is not insured by this state and that neither the
14-10    principal deposited nor the investment return is guaranteed by this
14-11    state.
14-12          Sec. 54.711.  NO PROMISE OF ADMISSION, ENROLLMENT, OR
14-13    GRADUATION.  The opening or maintenance of a savings trust account
14-14    does not promise or guarantee that a beneficiary of the account
14-15    will:
14-16                (1)  be admitted to any eligible educational
14-17    institution;
14-18                (2)  be admitted to a particular eligible educational
14-19    institution;
14-20                (3)  be allowed to continue enrollment at an eligible
14-21    educational institution after admission; or
14-22                (4)  receive a degree or certificate from an eligible
14-23    educational institution.
14-24          Sec. 54.712.  RESIDENCY NOT REQUIRED.  A savings trust
14-25    account owner or beneficiary is not required to be a resident of
14-26    this state.
 15-1          Sec. 54.713.  POLICIES FOR PROMOTION AND DISCLOSURE OF
 15-2    INFORMATION.  The board shall adopt policies for promotion of the
 15-3    plan and the disclosure of plan information to savings trust
 15-4    account owners and beneficiaries in a manner consistent with this
 15-5    subchapter and the requirements of Section 529, Internal Revenue
 15-6    Code of 1986, as amended, to ensure that:
 15-7                (1)  promotional material and plan information disclose
 15-8    that no money invested in the plan is insured by this state and
 15-9    that neither the principal deposited nor the investment returned is
15-10    guaranteed by this state; and
15-11                (2)  any fees imposed under this subchapter are
15-12    disclosed in promotional material and plan information provided to
15-13    the public and to account owners and beneficiaries.
15-14          Sec. 54.714.  CONFIDENTIALITY OF RECORDS.  (a)  Except as
15-15    otherwise provided by this section, all information relating to the
15-16    plan is public and subject to disclosure under Chapter 552,
15-17    Government Code.
15-18          (b)  Information relating to a beneficiary or owner of a
15-19    savings trust account, including any personally identifiable
15-20    information about an owner or beneficiary, is confidential except
15-21    that the board may disclose that information to an account owner
15-22    regarding the owner's account.
15-23          Sec. 54.715.  TERMINATION OR MODIFICATION OF PLAN.  If the
15-24    comptroller determines that the plan is not financially feasible,
15-25    the comptroller shall notify the governor and the legislature and
15-26    recommend that the board not administer a higher education savings
 16-1    plan or that the plan be modified or terminated.
 16-2          Sec. 54.716.  EFFECT OF TERMINATION OF PLAN ON SAVINGS TRUST
 16-3    AGREEMENT.  If the plan is terminated, the balance of each savings
 16-4    trust account shall be paid to the account owner, to the extent
 16-5    possible, and any unclaimed assets shall escheat to the state in
 16-6    accordance with general law regarding unclaimed property.
 16-7          SECTION 2.  Section 54.601, Education Code, is amended by
 16-8    amending Subdivision (4) and adding Subdivision (13) to read as
 16-9    follows:
16-10                (4)  "Fund" means the Texas tomorrow constitutional
16-11    trust fund.
16-12                (13)  "Account" means the Texas college savings plan
16-13    account.
16-14          SECTION 3.  Subsection (b), Section 54.602, Education Code,
16-15    is amended to read as follows:
16-16          (b)  The board shall administer the prepaid higher education
16-17    tuition program established under this subchapter and the higher
16-18    education savings plan established under Subchapter G.
16-19          SECTION 4.  Sections 54.603 and 54.634, Education Code, are
16-20    amended to read as follows:
16-21          Sec. 54.603.  SUNSET PROVISION.  The Prepaid Higher Education
16-22    Tuition Board is subject to Chapter 325, Government Code (Texas
16-23    Sunset Act).  Unless continued in existence as provided by that
16-24    chapter, the board is abolished and the programs established under
16-25    this subchapter and under Subchapter G terminate [program
16-26    terminates] September 1, 2007.
 17-1          Sec. 54.634.  ESTABLISHMENT OF TRUST FUND; COLLEGE SAVINGS
 17-2    PLAN ACCOUNT.  (a)  The Texas tomorrow constitutional trust fund is
 17-3    created as a trust fund to be held with the comptroller [outside
 17-4    the state treasury].  The fund consists of:
 17-5                (1)  state appropriations for purposes of the fund;
 17-6                (2)  money acquired from other governmental or private
 17-7    sources;
 17-8                (3)  money paid under prepaid tuition contracts; and
 17-9                (4)  the income from money deposited in the fund.
17-10          (b)  The board shall administer the assets of the fund.  The
17-11    board is the trustee of the fund's assets.
17-12          (c)  The board may:
17-13                (1)  segregate contributions and payments to the fund
17-14    into various accounts; and
17-15                (2)  acquire, hold, manage, purchase, sell, assign,
17-16    trade, transfer, and dispose of any security, evidence of
17-17    indebtedness, or other investment in which the fund's assets may be
17-18    invested.
17-19          (d)  The Texas college savings plan account is created within
17-20    the Texas tomorrow constitutional trust fund and is financed
17-21    through administrative fees and service charges as authorized by
17-22    Section 54.702(c).
17-23          SECTION 5.  Subchapter F, Chapter 54, Education Code, is
17-24    amended by adding Section 54.6401 to read as follows:
17-25          Sec. 54.6401.  COMPLIANCE WITH LIMITS ON CONTRIBUTIONS AND
17-26    WITHDRAWALS.  The board shall monitor contributions to and
 18-1    withdrawals from the fund and any account within the fund to ensure
 18-2    that any applicable limits on contributions or withdrawals are not
 18-3    exceeded.
 18-4          SECTION 6.  This Act takes effect immediately if it receives
 18-5    a vote of two-thirds of all the members elected to each house, as
 18-6    provided by Section 39, Article III, Texas Constitution.  If this
 18-7    Act does not receive the vote necessary for immediate effect, this
 18-8    Act takes effect September 1, 2001.
                                                                S.B. No. 555
            _______________________________     _______________________________
                President of the Senate              Speaker of the House
                  I hereby certify that S.B. No. 555 passed the Senate on
            April 4, 2001, by the following vote:  Yeas 29, Nays 0, one present
            not voting; May 4, 2001, Senate refused to concur in House
            amendments and requested appointment of Conference Committee;
            May 9, 2001, House granted request of the Senate; May 26, 2001,
            Senate adopted Conference Committee Report by the following vote:
            Yeas 30, Nays 0, one present not voting.
                                                _______________________________
                                                    Secretary of the Senate
                  I hereby certify that S.B. No. 555 passed the House, with
            amendments, on May 1, 2001, by the following vote:  Yeas 145,
            Nays 0, one present not voting; May 9, 2001, House granted request
            of the Senate for appointment of Conference Committee;
            May 26, 2001, House adopted Conference Committee Report by the
            following vote:  Yeas 145, Nays 0, one present not voting.
                                                _______________________________
                                                    Chief Clerk of the House
            Approved:
            _______________________________
                         Date
            _______________________________
                       Governor