82S11338 JJT-D
 
  By: Pitts H.R. No. 232
 
 
R E S O L U T I O N
 
         BE IT RESOLVED by the House of Representatives of the State of
  Texas, 82nd Legislature, 1st Called Session, 2011, That House Rule
  13, Section 9(a), be suspended in part as provided by House Rule 13,
  Section 9(f), to enable the conference committee appointed to
  resolve the differences on Senate Bill 1 (certain state fiscal
  matters; providing penalties) to consider and take action on the
  following matters:
         (1)  House Rule 13, Section 9(a)(1), is suspended to permit
  the committee to change text which is not in disagreement in
  proposed Section 4.02 of the bill, in added Section 111.0041(c),
  Tax Code, to read as follows:
  Contemporaneous records and supporting documentation appropriate
  to the tax or fee may include, for example, invoices, vouchers,
  checks, shipping records, contracts, or other equivalent records,
  such as electronically stored images of such documents, reflecting
  legal relationships and taxes collected and paid.
         Explanation: The change is necessary to provide clear
  examples of what types of records or documentation appropriate to a
  tax or fee may be used to verify certain claims.
         (2)  House Rule 13, Section 9(a)(2), is suspended to permit
  the committee to omit text which is not in disagreement, Article 5
  of the senate engrossment of Senate Bill No. 1 and the corresponding
  article of the bill as the bill was amended by the house of
  representatives, relating to unclaimed property, that reads:
  ARTICLE 5.  UNCLAIMED PROPERTY
         SECTION 5.01.  Subsection (a), Section 72.101, Property
  Code, is amended to read as follows:
         (a)  Except as provided by this section and Sections 72.1015,
  72.1016, 72.1017, and 72.102, personal property is presumed
  abandoned if, for longer than three years:
               (1)  the existence and location of the owner of the
  property is unknown to the holder of the property; and
               (2)  according to the knowledge and records of the
  holder of the property, a claim to the property has not been
  asserted or an act of ownership of the property has not been
  exercised.
         SECTION 5.02.  Subchapter B, Chapter 72, Property Code, is
  amended by adding Section 72.1017 to read as follows:
         Sec. 72.1017.  UTILITY DEPOSITS. (a)  In this section:
               (1)  "Utility" has the meaning assigned by Section
  183.001, Utilities Code.
               (2)  "Utility deposit" is a refundable money deposit a
  utility requires a user of the utility service to pay as a condition
  of initiating the service.
         (b)  Notwithstanding Section 73.102, a utility deposit is
  presumed abandoned on the latest of:
               (1)  the first anniversary of the date a refund check
  for the utility deposit was payable to the owner of the deposit;
               (2)  the first anniversary of the date the utility last
  received documented communication from the owner of the utility
  deposit; or
               (3)  the first anniversary of the date the utility
  issued a refund check for the deposit payable to the owner of the
  deposit if, according to the knowledge and records of the utility or
  payor of the check, during that period, a claim to the check has not
  been asserted or an act of ownership by the payee has not been
  exercised.
         SECTION 5.03.  Subsection (c), Section 72.102, Property
  Code, is amended to read as follows:
         (c)  A money order to which Subsection (a) applies is
  presumed to be abandoned on the latest of:
               (1)  the third [seventh] anniversary of the date on
  which the money order was issued;
               (2)  the third [seventh] anniversary of the date on
  which the issuer of the money order last received from the owner of
  the money order communication concerning the money order; or
               (3)  the third [seventh] anniversary of the date of the
  last writing, on file with the issuer, that indicates the owner's
  interest in the money order.
         SECTION 5.04.  Section 72.103, Property Code, is amended to
  read as follows:
         Sec. 72.103.  PRESERVATION OF PROPERTY. Notwithstanding any
  other provision of this title except a provision of this section or
  Section 72.1016 relating to a money order or a stored value card, a
  holder of abandoned property shall preserve the property and may
  not at any time, by any procedure, including a deduction for
  service, maintenance, or other charge, transfer or convert to the
  profits or assets of the holder or otherwise reduce the value of the
  property.  For purposes of this section, value is determined as of
  the date of the last transaction or contact concerning the
  property, except that in the case of a money order, value is
  determined as of the date the property is presumed abandoned under
  Section 72.102(c).  If a holder imposes service, maintenance, or
  other charges on a money order prior to the time of presumed
  abandonment, such charges may not exceed the amount of $1 [50 cents]
  per month for each month the money order remains uncashed prior to
  the month in which the money order is presumed abandoned.
         SECTION 5.05.  Section 73.101, Property Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  An account or safe deposit box is presumed abandoned if:
               (1)  except as provided by Subsection (c), the account
  or safe deposit box has been inactive for at least five years as
  determined under Subsection (b);
               (2)  the location of the depositor of the account or
  owner of the safe deposit box is unknown to the depository; and
               (3)  the amount of the account or the contents of the
  box have not been delivered to the comptroller in accordance with
  Chapter 74.
         (c)  If the account is a checking or savings account or is a
  matured certificate of deposit, the account is presumed abandoned
  if the account has been inactive for at least three years as
  determined under Subsection (b)(1).
         SECTION 5.06.  Subsection (a), Section 74.101, Property
  Code, is amended to read as follows:
         (a)  Each holder who on March 1 [June 30] holds property that
  is presumed abandoned under Chapter 72, 73, or 75 of this code or
  under Chapter 154, Finance Code, shall file a report of that
  property on or before the following July [November] 1. The
  comptroller may require the report to be in a particular format,
  including a format that can be read by a computer.
         SECTION 5.07.  Subsection (a), Section 74.1011, Property
  Code, is amended to read as follows:
         (a)  Except as provided by Subsection (b), a holder who on
  March 1 [June 30] holds property valued at more than $250 that is
  presumed abandoned under Chapter 72, 73, or 75 of this code or
  Chapter 154, Finance Code, shall, on or before the following May 
  [August] 1, mail to the last known address of the known owner
  written notice stating that:
               (1)  the holder is holding the property; and
               (2)  the holder may be required to deliver the property
  to the comptroller on or before July [November] 1 if the property is
  not claimed.
         SECTION 5.08.  Subsections (a) and (c), Section 74.301,
  Property Code, are amended to read as follows:
         (a)  Except as provided by Subsection (c), each holder who on
  March 1 [June 30] holds property that is presumed abandoned under
  Chapter 72, 73, or 75 shall deliver the property to the comptroller
  on or before the following July [November] 1 accompanied by the
  report required to be filed under Section 74.101.
         (c)  If the property subject to delivery under Subsection (a)
  is the contents of a safe deposit box, the comptroller may instruct
  a holder to deliver the property on a specified date before July
  [November] 1 of the following year.
         SECTION 5.09.  Subsection (e), Section 74.601, Property
  Code, is amended to read as follows:
         (e)  The comptroller on receipt or from time to time may
  [from time to time] sell securities, including stocks, bonds, and
  mutual funds, received under this chapter or any other statute
  requiring the delivery of unclaimed property to the comptroller and
  use the proceeds to buy, exchange, invest, or reinvest in
  marketable securities. When making or selling the investments, the
  comptroller shall exercise the judgment and care of a prudent
  person.
         SECTION 5.10.  Section 74.708, Property Code, is amended to
  read as follows:
         Sec. 74.708.  PROPERTY HELD IN TRUST. A holder who on March
  1 [June 30] holds property presumed abandoned under Chapters 72-75
  holds the property in trust for the benefit of the state on behalf
  of the missing owner and is liable to the state for the full value of
  the property, plus any accrued interest and penalty. A holder is
  not required by this section to segregate or establish trust
  accounts for the property provided the property is timely delivered
  to the comptroller in accordance with Section 74.301.
         SECTION 5.11.  (a)   Except as provided by Subsection (b) or
  (c) of this section, this article takes effect on the 91st day after
  the last day of the legislative session.
         (b)  Except as provided by Subsection (c) of this section,
  Subsection (a), Section 74.101, Subsection (a), Section 74.1011,
  Subsections (a) and (c), Section 74.301, and Section 74.708,
  Property Code, as amended by this article, take effect January 1,
  2013.
         (c)  If H.B. No. 257, Acts of the 82nd Legislature, Regular
  Session, 2011, becomes law, this article has no effect.
         SECTION 5.12.  A charge imposed on a money order under
  Section 72.103, Property Code, by a holder before the effective
  date of this article is governed by the law applicable to the charge
  immediately before the effective date of this article, and the
  holder may retain the charge.
         Explanation: The article is omitted as unnecessary because
  its provisions were largely duplicative of those of House Bill No.
  257, Acts of the 82nd Legislature, Regular Session, 2011, as
  effective September 1, 2011, and January 1, 2013.
         (3)  House Rule 13, Section 9(a)(3), is suspended to permit
  the committee to add text on a matter which is not in disagreement
  in proposed Sections 5.01 and 5.02 of the bill to read as follows:
         SECTION 5.01.  Subsection (b), Section 72.1017, Property
  Code, as effective September 1, 2011, is amended to read as follows:
         (b)  Notwithstanding Section 73.102, a utility deposit is
  presumed abandoned on the latest of:
               (1)  the first anniversary of [18 months after] the
  date a refund check for the utility deposit was payable to the owner
  of the deposit;
               (2)  the first anniversary of [18 months after] the
  date the utility last received documented communication from the
  owner of the utility deposit; or
               (3)  the first anniversary of [18 months after] the
  date the utility issued a refund check for the deposit payable to
  the owner of the deposit if, according to the knowledge and records
  of the utility or payor of the check, during that period, a claim to
  the check has not been asserted or an act of ownership by the payee
  has not been exercised.
         SECTION 5.02.  This article takes effect on the 91st day
  after the last day of the legislative session.
         Explanation: The change is necessary to provide for a
  presumption of abandonment of certain utility deposits after one
  year.
         (4)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee in proposed Section 7.01 of the bill to add text on a
  matter not included in either the house or the senate version of the
  bill to read as follows:
         SECTION 7.01.  Section 51.008, Government Code, as effective
  September 1, 2011, is amended by amending Subsection (c) and adding
  Subsection (d) to read as follows:
         (c)  The Office of Court Administration of the Texas Judicial
  System may collect the fees recommended by the process server
  review board and approved by the supreme court. Fees collected
  under this section shall be sent to the comptroller for deposit to
  the credit of the general revenue fund [and may be appropriated only
  to the office for purposes of this section].
         (d)  Fees collected under this section may be appropriated to
  the Office of Court Administration of the Texas Judicial System for
  the support of regulatory programs for process servers, guardians,
  and court reporters.
         Explanation: The changes are necessary to clarify the
  purposes for which certain deposited fees may be appropriated.
         (5)  House Rule 13, Section 9(a)(2), is suspended to permit
  the committee to omit text which is not in disagreement, Section
  8.01 of the senate engrossment of Senate Bill No. 1 and the
  corresponding section of the bill as the bill was amended by the
  house of representatives, relating to petroleum industry
  regulation, that reads:
         SECTION 8.01.  Section 26.3574, Water Code, is amended by
  amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  A fee is imposed on the delivery of a petroleum product
  on withdrawal from bulk of that product as provided by this
  subsection.  Each operator of a bulk facility on withdrawal from
  bulk of a petroleum product shall collect from the person who orders
  the withdrawal a fee in an amount determined as follows:
               (1)  not more than $3.125 [$3.75] for each delivery
  into a cargo tank having a capacity of less than 2,500 gallons [for
  the state fiscal year beginning September 1, 2007, through the
  state fiscal year ending August 31, 2011];
               (2)  not more than $6.25 [$7.50] for each delivery into
  a cargo tank having a capacity of 2,500 gallons or more but less
  than 5,000 gallons [for the state fiscal year beginning September
  1, 2007, through the state fiscal year ending August 31, 2011];
               (3)  not more than $9.37 [$11.75] for each delivery
  into a cargo tank having a capacity of 5,000 gallons or more but
  less than 8,000 gallons [for the state fiscal year beginning
  September 1, 2007, through the state fiscal year ending August 31,
  2011];
               (4)  not more than $12.50 [$15.00] for each delivery
  into a cargo tank having a capacity of 8,000 gallons or more but
  less than 10,000 gallons [for the state fiscal year beginning
  September 1, 2007, through the state fiscal year ending August 31,
  2011]; and
               (5)  not more than $6.25 [$7.50] for each increment of
  5,000 gallons or any part thereof delivered into a cargo tank having
  a capacity of 10,000 gallons or more [for the state fiscal year
  beginning September 1, 2007, through the state fiscal year ending
  August 31, 2011].
         (b-1)  The commission by rule shall set the amount of the fee
  in Subsection (b) in an amount not to exceed the amount necessary to
  cover the agency's costs of administering this subchapter, as
  indicated by the amount appropriated by the legislature from the
  petroleum storage tank remediation account for that purpose.
         Explanation: The text is omitted as unnecessary because it
  largely duplicates provisions of Section 4.19, House Bill No. 2694,
  Acts of the 82nd Legislature, Regular Session, 2011, as effective
  September 1, 2011.
         (6)  House Rule 13, Section 9(a)(1), is suspended to permit
  the committee to alter text which is not in disagreement in proposed
  Section 15.05 of the bill to read as follows:
         SECTION 15.05.  Subsection (d), Section 19.002, Election
  Code, as effective September 1, 2011, is amended to read as follows:
         (d)  The secretary of state [comptroller] may not make a
  payment under Subsection (b) [issue a warrant] if on June 1 of the
  year in which the payment [warrant] is to be made [issued the most
  recent notice received by the comptroller from the secretary of
  state under Section 18.065 indicates that] the registrar is not in
  substantial compliance with Section 15.083, 16.032, or 18.065 or
  with rules implementing the registration service program.
         Explanation: The change is necessary to conform the bill to
  changes in law made by House Bill No. 2817, Acts of the 82nd
  Legislature, Regular Session, 2011, as effective September 1, 2011.
         (7)  House Rule 13, Section 9(a)(2), is suspended to permit
  the committee to omit text which is not in disagreement, text of
  Article 24 of the senate engrossment of Senate Bill No. 1 and the
  corresponding article of the bill as the bill was amended by the
  house of representatives, relating to leasing certain state
  facilities, that reads:
  ARTICLE 24.  FISCAL MATTERS REGARDING LEASING CERTAIN STATE
  FACILITIES
         SECTION 24.01.  The heading to Section 2165.2035, Government
  Code, is amended to read as follows:
         Sec. 2165.2035.  LEASE OF SPACE IN STATE-OWNED PARKING LOTS
  AND GARAGES; USE AFTER HOURS.
         SECTION 24.02.  Subchapter E, Chapter 2165, Government Code,
  is amended by adding Sections 2165.204, 2165.2045, and 2165.2046 to
  read as follows:
         Sec. 2165.204.  LEASE OF SPACE IN STATE-OWNED PARKING LOTS
  AND GARAGES; EXCESS INDIVIDUAL PARKING SPACES.  (a)  The commission
  may lease to a private individual an individual parking space in a
  state-owned parking lot or garage located in the city of Austin that
  the commission determines is not needed to accommodate the regular
  parking requirements of state employees who work near the lot or
  garage and visitors to nearby state government offices.
         (b)  Money received from a lease under this section shall be
  deposited to the credit of the general revenue fund.
         (c)  In leasing a parking space under Subsection (a), the
  commission must ensure that the lease does not restrict uses for
  parking lots and garages developed under Section 2165.2035,
  including special event parking related to institutions of higher
  education.
         (d)  In leasing or renewing a lease for a parking space under
  Subsection (a), the commission shall give preference to an
  individual who is currently leasing or previously leased the
  parking space.
         Sec. 2165.2045.  LEASE OF SPACE IN STATE-OWNED PARKING LOTS
  AND GARAGES; EXCESS BLOCKS OF PARKING SPACE.  (a)  The commission
  may lease to an institution of higher education or a local
  government all or a significant block of a state-owned parking lot
  or garage located in the city of Austin that the commission
  determines is not needed to accommodate the regular parking
  requirements of state employees who work near the lot or garage and
  visitors to nearby state government offices.
         (b)  Money received from a lease under this section shall be
  deposited to the credit of the general revenue fund.
         (c)  In leasing all or a block of a state-owned parking lot or
  garage under Subsection (a), the commission must ensure that the
  lease does not restrict uses for parking lots and garages developed
  under Section 2165.2035, including special event parking related to
  institutions of higher education.
         (d)  In leasing or renewing a lease for all or a block of a
  state-owned parking lot or garage under Subsection (a), the
  commission shall give preference to an entity that is currently
  leasing or previously leased the lot or garage or a block of the lot
  or garage.
         Sec. 2165.2046.  REPORTS ON PARKING PROGRAMS.  On or before
  October 1 of each even-numbered year, the commission shall submit a
  report to the Legislative Budget Board describing the effectiveness
  of parking programs developed by the commission under this
  subchapter.  The report must, at a minimum, include:
               (1)  the yearly revenue generated by the programs;
               (2)  the yearly administrative and enforcement costs of
  each program;
               (3)  yearly usage statistics for each program; and
               (4)  initiatives and suggestions by the commission to:
                     (A)  modify administration of the programs; and
                     (B)  increase revenue generated by the programs.
         Explanation: The text is omitted as unnecessary because it
  largely duplicates or is in conflict with provisions of Senate Bill
  No. 1068, Acts of the 82nd Legislature, Regular Session, 2011, as
  effective June 17, 2011.
         (8)  House Rule 13, Section 9(a)(2), is suspended to permit
  the committee to omit text which is not in disagreement, Sections
  26.02, 26.03, 26.06, and 26.08 of the senate engrossment of Senate
  Bill No. 1 and the corresponding sections of the bill as the bill
  was amended by the house of representatives, relating to the review
  by the attorney general of invoices related to legal services
  provided to state agencies, that reads:
         SECTION 26.02.  The heading to Section 402.0212, Government
  Code, is amended to read as follows:
         Sec. 402.0212.  PROVISION OF LEGAL SERVICES--OUTSIDE
  COUNSEL; FEES.
         SECTION 26.03.  Section 402.0212, Government Code, is
  amended by amending Subsections (b) and (c) and adding Subsections
  (d), (e), and (f) to read as follows:
         (b)  An invoice submitted to a state agency under a contract
  for legal services as described by Subsection (a) must be reviewed
  by the attorney general to determine whether the invoice is
  eligible for payment.
         (c)  An attorney or law firm must pay an administrative fee
  to the attorney general for the review described in Subsection (b)
  when entering into a contract to provide legal services to a state
  agency.
         (d)  For purposes of this section, the functions of a hearing
  examiner, administrative law judge, or other quasi-judicial
  officer are not considered legal services.
         (e) [(c)]  This section shall not apply to the Texas Turnpike
  Authority division of the Texas Department of Transportation.
         (f)  The attorney general may adopt rules as necessary to
  implement and administer this section.
         SECTION 26.06.  The fee prescribed by Section 402.0212,
  Government Code, as amended by this article, applies only to
  invoices for legal services submitted to the office of the attorney
  general for review on or after the effective date of this article.
         SECTION 26.08.  The changes in law made by this article apply
  only to a contract for legal services between a state agency and a
  private attorney or law firm entered into on or after the effective
  date of this article. A contract for legal services between a state
  agency and a private attorney or law firm entered into before the
  effective date of this article is governed by the law in effect at
  the time the contract was entered into, and the former law is
  continued in effect for that purpose.
         Explanation: The text is omitted as unnecessary because it
  largely duplicates or is in conflict with provisions of Senate Bill
  No. 367, Acts of the 82nd Legislature, Regular Session, 2011, as
  effective June 17, 2011.
         (9)  House Rule 13, Section 9(a)(2), is suspended to permit
  the committee to omit text which is not in disagreement, Sections
  26.04 and 26.07 of the senate engrossment of Senate Bill No. 1 and
  the corresponding sections of the bill as the bill was amended by
  the house of representatives, relating to the review by the
  attorney general of invoices related to legal services provided to
  state agencies, that reads:
         SECTION 26.04.  Section 371.051, Transportation Code, is
  amended to read as follows:
         Sec. 371.051.  ATTORNEY GENERAL REVIEW AND EXAMINATION FEE.
  (a)  A toll project entity may not enter into a comprehensive
  development agreement unless the attorney general reviews the
  proposed agreement and determines that it is legally sufficient.
         (b)  A toll project entity shall pay a nonrefundable
  examination fee to the attorney general on submitting a proposed
  comprehensive development agreement for review.  At the time the
  examination fee is paid, the toll project entity shall also submit
  for review a complete transcript of proceedings related to the
  comprehensive development agreement.
         (c)  If the toll project entity submits multiple proposed
  comprehensive development agreements relating to the same toll
  project for review, the entity shall pay the examination fee under
  Subsection (b) for each proposed comprehensive development
  agreement.
         (d)  The attorney general shall provide a legal sufficiency
  determination not later than the 60th business day after the date
  the examination fee and transcript of the proceedings required
  under Subsection (b) are received. If the attorney general cannot
  provide a legal sufficiency determination within the
  60-business-day period, the attorney general shall notify the toll
  project entity in writing of the reason for the delay and may extend
  the review period for not more than 30 business days.
         (e)  After the attorney general issues a legal sufficiency
  determination, a toll project entity may supplement the transcript
  of proceedings or amend the comprehensive development agreement to
  facilitate a redetermination by the attorney general of the prior
  legal sufficiency determination issued under this section.
         (f)  The toll project entity may collect or seek
  reimbursement of the examination fee under Subsection (b) from the
  private participant.
         (g)  The attorney general by rule shall set the examination
  fee required under Subsection (b) in a reasonable amount and may
  adopt other rules as necessary to implement this section.  The fee
  may not be set in an amount that is determined by a percentage of the
  cost of the toll project.  The amount of the fee may not exceed
  reasonable attorney's fees charged for similar legal services in
  the private sector.
         SECTION 26.07.  The fee prescribed by Section 371.051,
  Transportation Code, as amended by this article, applies only to a
  comprehensive development agreement submitted to the office of the
  attorney general on or after the effective date of this article.
         Explanation: The text is omitted as unnecessary because it
  largely duplicates or is in conflict with provisions of Senate Bill
  No. 731, Acts of the 82nd Legislature, Regular Session, 2011, as
  effective June 17, 2011.
         (10)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee in proposed Sections 23.01-23.04 of the bill to add
  text on a matter which is not included in either the house or senate
  version of the bill to read as follows:
         SECTION 23.01.  Section 572.054, Government Code, is amended
  by adding Subsection (g-1) to read as follows:
         (g-1)  For purposes of this section, the Department of
  Information Resources is a regulatory agency.
         SECTION 23.02.  Section 2054.005, Government Code, is
  amended to read as follows:
         Sec. 2054.005.  SUNSET PROVISION.  (a)  The Department of
  Information Resources is subject to Chapter 325 (Texas Sunset
  Act).  Unless continued in existence as provided by that chapter,
  the department is abolished and this chapter expires September 1,
  2013 [2011].
         (b)  The review of the Department of Information Resources by
  the Sunset Advisory Commission in preparation for the work of the
  83rd Legislature, Regular Session, is not limited to the
  appropriateness of recommendations made by the commission to the
  82nd Legislature. In the commission's report to the 83rd
  Legislature, the commission may include any recommendations it
  considers appropriate.
         SECTION 23.03.  Subchapter C, Chapter 2054, Government Code,
  is amended by adding Section 2054.064 to read as follows:
         Sec. 2054.064.  BOARD APPROVAL OF CONTRACTS. The board by
  rule shall establish approval requirements for all contracts,
  including a monetary threshold above which board approval is
  required before the contract may be executed.
         SECTION 23.04.  Subsection (b), Section 2054.376,
  Government Code, is amended to read as follows:
         (b)  This subchapter does not apply to:
               (1)  the Department of Public Safety's use for criminal
  justice or homeland security purposes of a federal database or
  network;
               (2)  a Texas equivalent of a database or network
  described by Subdivision (1) that is managed by the Department of
  Public Safety;
               (3)  the uniform statewide accounting system, as that
  term is used in Subchapter C, Chapter 2101;
               (4)  the state treasury cash and treasury management
  system; [or]
               (5)  a database or network managed by the comptroller
  to:
                     (A)  collect and process multiple types of taxes
  imposed by the state; or
                     (B)  manage or administer fiscal, financial,
  revenue, and expenditure activities of the state under Chapter 403
  and Chapter 404; or
               (6)  a database or network managed by the Department of
  Agriculture.
         Explanation: The change is necessary to provide for Sunset
  Advisory Commission review of and for functions and activities of
  the Department of Information Resources and to provide for the
  applicability of restrictions on certain activities by former
  employees of the Department of Information Resources.
         (11)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee in proposed Section 23.06 of the bill to add text on a
  matter which is not included in either the house or senate version
  of the bill to read as follows:
         SECTION 23.06.  Subsections (b) and (d), Section 2157.068,
  Government Code, are amended to read as follows:
         (b)  The department shall negotiate with vendors [to
  attempt] to obtain the best value for the state in the purchase of
  commodity items. The department may consider strategic sourcing
  and other methodologies to select the vendor offering the best
  value on [a favorable price for all of state government on licenses
  for] commodity items[, based on the aggregate volume of purchases
  expected to be made by the state]. The terms and conditions of a
  license agreement between a vendor and the department under this
  section may not be less favorable to the state than the terms of
  similar license agreements between the vendor and retail
  distributors.
         Explanation: The change is necessary to provide authority
  for negotiations for the best value in commodity purchases.
         (12)  House Rule 13, Section 9(a)(1), is suspended to permit
  the committee to alter text which is not in disagreement in proposed
  Section 26.01 of the bill to read as follows:
         SECTION 26.01.  Subsection (c), Section 434.017, Government
  Code, is amended to read as follows:
         (c)  Money in the fund may only be appropriated to the Texas
  Veterans Commission. Money appropriated under this subsection
  shall be used to:
               (1)  make grants to address veterans' needs; [and]
               (2)  administer the fund; and
               (3)  analyze and investigate data received from the
  federal Public Assistance Reporting Information System (PARIS)
  that is administered by the Administration for Children and
  Families of the United States Department of Health and Human
  Services.
         Explanation: The change is necessary to conform the text to
  the change in law made by Senate Bill No. 1739, Acts of the 82nd
  Legislature, Regular Session, 2011, as effective June 17, 2011.
         (13)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee in proposed Section 34.06 of the bill to add text on a
  matter which is not included in either the house or senate version
  of the bill to read as follows:
         SECTION 34.06.  It is the intent of the legislature that the
  Legislative Budget Board place information on its Internet website
  that provides additional program detail for items of appropriation
  in the General Appropriations Act. The Legislative Budget Board
  shall include as additional program detail the specific programs
  funded, the source of that funding, and the related statutory
  authorization.
         Explanation: The change is necessary to provide for greater
  access to information regarding the state budget.
         (14)  House Rule 13, Section 9(a)(3), is suspended to permit
  the committee to add text on a matter which is not in disagreement
  in proposed Section 35.02 of the bill by adding Section 314.002(d),
  Labor Code, to read as follows:
         (d)  The commission, for the purposes of this section, may
  use:
               (1)  money appropriated to the commission; and
               (2)  money that is transferred to the commission from
  trusteed programs within the office of the governor, including:
                     (A)  appropriated money from the Texas Enterprise
  Fund;
                     (B)  available federal funds; and
                     (C)  money from other appropriate, statutorily
  authorized funding sources.
         Explanation: The change is necessary to clarify funding
  matters for purposes of the Texas Back to Work Program.
         (15)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee in proposed Section 41.01 of the bill to add text on a
  matter which is not included in either the house or the senate
  version of the bill by adding amended Subsections (b), (c), and (e),
  Article 103.0033, Code of Criminal Procedure, to read as follows:
         (b)  This article applies only to:
               (1)  a [each] county with a population of 50,000 or
  greater; [in this state] and
               (2)  a [to each] municipality with a population of
  100,000 or greater.
         (c)  Unless granted a waiver under Subsection (h), each
  county and municipality shall develop and implement a program that
  complies with the prioritized implementation schedule under
  Subsection (h). [A county may develop and implement a program that
  complies with the prioritized implementation schedule under
  Subsection (h).] A county program must include district, county,
  and justice courts.
         (e)  Not later than June 1 of each year, the office shall
  identify those counties and municipalities that:
               (1)  have not implemented a program; and
               (2)  are able [planning] to implement a program before
  April 1 of the following year.
         Explanation: The change is necessary to change the
  population of counties to which the Office of Court
  Administration's collection improvement program applies.
         (16)  House Rule 13, Section 9(a)(1), is suspended to permit
  the committee to alter text which is not in disagreement in proposed
  Section 43.03 of the bill, added Section 2306.2585(c), Government
  Code, to read as follows:
         (c)  The department may use any available revenue, including
  legislative appropriations, appropriation transfers from the
  trusteed programs within the office of the governor, including
  authorized appropriations from the Texas Enterprise Fund,
  available federal funds, and any other statutorily authorized and
  appropriate funding sources transferred from the trusteed programs
  within the office of the governor, for the purposes of this section.
  The department shall solicit and accept gifts and grants for the
  purposes of this section. The department shall use gifts and grants
  received for the purposes of this section before using any other
  revenue.
         Explanation: The change is necessary to clarify the funding
  sources available for purposes of the homeless housing and services
  program.
         (17)  House Rule 13, Section 9(a)(2), is suspended to permit
  the committee to omit text which is not in disagreement, Article 57
  of the senate engrossment of Senate Bill No. 1 and the corresponding
  article of the bill as the bill was amended by the house of
  representatives, relating to the place of business of a retailer
  for sales tax purposes, that reads:
  ARTICLE 57.  PLACE OF BUSINESS OF A RETAILER FOR SALES TAX PURPOSES
         SECTION 57.01.  Subdivision (3), Subsection (a), Section
  321.002, Tax Code, is amended to read as follows:
               (3)  "Place of business of the retailer" means an
  established outlet, office, or location operated by the retailer or
  the retailer's agent or employee for the purpose of receiving
  orders for taxable items and includes any location at which three or
  more orders are received by the retailer during a calendar year.  A
  warehouse, storage yard, or manufacturing plant is not a "place of
  business of the retailer" unless at least three orders are received
  by the retailer during the calendar year at the warehouse, storage
  yard, or manufacturing plant.  An outlet, office, facility, or any
  location that contracts with a retail or commercial business
  [engaged in activities to which this chapter applies] to process
  for that business invoices, purchase orders, [or] bills of lading,
  or other equivalent records onto which sales tax is added,
  including an office operated for the purpose of buying and selling
  taxable goods to be used or consumed by the retail or commercial
  business, is not a "place of business of the retailer" if the
  comptroller determines that the outlet, office, facility, or
  location functions or exists to avoid the tax imposed by this
  chapter or to rebate a portion of the tax imposed by this chapter to
  the contracting business.  Notwithstanding any other provision of
  this subdivision, a kiosk is not a "place of business of the
  retailer."  In this subdivision, "kiosk" means a small stand-alone
  area or structure that:
                     (A)  is used solely to display merchandise or to
  submit orders for taxable items from a data entry device, or both;
                     (B)  is located entirely within a location that is
  a place of business of another retailer, such as a department store
  or shopping mall; and
                     (C)  at which taxable items are not available for
  immediate delivery to a customer.
         SECTION 57.02.  (a)  Except as provided by Subsection (b) of
  this section, this article takes effect October 1, 2011.
         (b)  If H.B. No. 590, Acts of the 82nd Legislature, Regular
  Session, 2011, becomes law, this article has no effect.
         Explanation: The text is omitted as unnecessary because it
  largely duplicates Section 1, House Bill No. 590, Acts of the 82nd
  Legislature, Regular Session, 2011, as effective September 1, 2011.
         (18)  House Rule 13, Section 9(a)(2), is suspended to permit
  the committee to omit text which is not in disagreement, Article 58
  of the senate engrossment of Senate Bill No. 1 and the corresponding
  article of the bill as the bill was amended by the house of
  representatives, relating to farm and ranch lands conservation,
  that reads:
  ARTICLE 58.  TEXAS FARM AND RANCH LANDS CONSERVATION PROGRAM
         SECTION 58.01.  Subsection (b), Section 183.059, Natural
  Resources Code, is amended to read as follows:
         (b)  To receive a grant from the fund under this subchapter,
  an applicant who is qualified to be an easement holder under this
  subchapter must submit an application to the council.  The
  application must:
               (1)  set out the parties' clear conservation goals
  consistent with the program;
               (2)  include a site-specific estimate-of-value
  appraisal by a licensed appraiser qualified to determine the market
  value of the easement; and
               (3)  [demonstrate that the applicant is able to match
  50 percent of the amount of the grant being sought, considering that
  the council may choose to allow a donation of part of the appraised
  value of the easement to be considered as in-kind matching funds;
  and
               [(4)]  include a memorandum of understanding signed by
  the landowner and the applicant indicating intent to sell an
  agricultural conservation easement and containing the terms of the
  contract for the sale of the easement.
         SECTION 58.02.  If S.B. No. 1044, Acts of the 82nd
  Legislature, Regular Session, 2011, becomes law, this article has
  no effect.
         Explanation: The text is omitted as unnecessary because it
  largely duplicates provisions of Section 3, Senate Bill No. 1044,
  Acts of the 82nd Legislature, Regular Session, 2011, as effective
  June 17, 2011.
         (19)  House Rule 13, Section 9(a)(2), is suspended to permit
  the committee to omit text which is not in disagreement, Section
  60.02 of the senate engrossment of Senate Bill No. 1 and the
  corresponding section of the bill as the bill was amended by the
  house of representatives, that reads:
         SECTION 60.02.  Subsection (a), Section 811.012, Government
  Code, as effective September 1, 2011, is amended to read as follows:
         (a)  Not later than June 1 of every fifth [each] year, the
  retirement system shall provide to the comptroller, for the purpose
  of assisting the comptroller in the identification of persons
  entitled to unclaimed property reported to the comptroller, the
  name, address, social security number, and date of birth of each
  member, retiree, and beneficiary from the retirement system's
  records.
         Explanation: The text is omitted as unnecessary because it
  duplicates the substance of Section 4, Senate Bill No. 1664, Acts of
  the 82nd Legislature, Regular Session, 2011, as effective September
  1, 2011.
         (20)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee in proposed Section 61.02 of the bill to add text on a
  matter which is not included in either the house or senate version
  of the bill to read as follows:
         SECTION 61.02.  Subchapter A, Chapter 30A, Education Code,
  is amended by adding Section 30A.007 to read as follows:
         Sec. 30A.007.  LOCAL POLICY ON ELECTRONIC COURSES. (a) A
  school district or open-enrollment charter school shall adopt a
  policy that provides district or school students with the
  opportunity to enroll in electronic courses provided through the
  state virtual school network. The policy must be consistent with
  the requirements imposed by Section 26.0031.
         (b)  For purposes of a policy adopted under Subsection (a),
  the determination of whether or not an electronic course will meet
  the needs of a student with a disability shall be made by the
  student's admission, review, and dismissal committee in a manner
  consistent with state and federal law, including the Individuals
  with Disabilities Education Act (20 U.S.C. Section 1400 et seq.)
  and Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section
  794).
         Explanation: The change is necessary to provide for
  consistent policies for student enrollment through the state
  virtual school network.
         (21)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee in proposed Section 61.03 of the bill to add text on a
  matter which is not included in either the house or senate version
  of the bill to read as follows:
         SECTION 61.03.  Subchapter C, Chapter 30A, Education Code,
  is amended by adding Section 30A.1021 to read as follows:
         Sec. 30A.1021.  PUBLIC ACCESS TO USER COMMENTS REGARDING
  ELECTRONIC COURSES. (a)  The administering authority shall
  provide students who have completed or withdrawn from electronic
  courses offered through the virtual school network and their
  parents with a mechanism for providing comments regarding the
  courses.
         (b)  The mechanism required by Subsection (a) must include a
  quantitative rating system and a list of verbal descriptors that a
  student or parent may select as appropriate.
         (c)  The administering authority shall provide public access
  to the comments submitted by students and parents under this
  section. The comments must be in a format that permits a person to
  sort the comments by teacher, electronic course, and provider
  school district or school.
         Explanation: The change is necessary to gather and
  disseminate information on students' and parents' experiences with
  the state virtual school network.
         (22)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee in proposed Section 61.04 of the bill to add text on a
  matter which is not included in either the house or senate version
  of the bill to read as follows:
         SECTION 61.04.  Section 30A.104, Education Code, is amended
  to read as follows:
         Sec. 30A.104.  COURSE ELIGIBILITY IN GENERAL. (a)  A course
  offered through the state virtual school network must:
               (1)  be in a specific subject that is part of the
  required curriculum under Section 28.002(a);
               (2)  be aligned with the essential knowledge and skills
  identified under Section 28.002(c) for a grade level at or above
  grade level three; and
               (3)  be the equivalent in instructional rigor and scope
  to a course that is provided in a traditional classroom setting
  during:
                     (A)  a semester of 90 instructional days; and
                     (B)  a school day that meets the minimum length of
  a school day required under Section 25.082.
         (b)  If the essential knowledge and skills with which an
  approved course is aligned in accordance with Subsection (a)(2) are
  modified, the provider school district or school must be provided
  the same time period to revise the course to achieve alignment with
  the modified essential knowledge and skills as is provided for the
  modification of a course provided in a traditional classroom
  setting.
         Explanation: The change is necessary for the administration
  of changes in essential knowledge and skills applicable to an
  approved state virtual school network course.
         (23)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee in proposed Sections 61.07, 61.08, and 61.09 of the
  bill to add text on a matter which is not included in either the
  house or senate version of the bill to read as follows:
         SECTION 61.07.  Subchapter D, Chapter 30A, Education Code,
  is amended by adding Section 30A.153 to read as follows:
         Sec. 30A.153.  FOUNDATION SCHOOL PROGRAM FUNDING. (a)  A
  school district or open-enrollment charter school in which a
  student is enrolled is entitled to funding under Chapter 42 for the
  student's enrollment in an electronic course offered through the
  state virtual school network in the same manner that the district or
  school is entitled to funding for the student's enrollment in
  courses provided in a traditional classroom setting, provided that
  the student successfully completes the electronic course.
         (b)  The commissioner, after considering comments from
  school district and open-enrollment charter school
  representatives, shall adopt a standard agreement that governs
  payment of funds and other matters relating to a student's
  enrollment in an electronic course offered through the state
  virtual school network. The agreement may not require a school
  district or open-enrollment charter school to pay the provider the
  full amount until the student has successfully completed the
  electronic course.
         (c)  A school district or open-enrollment charter school
  shall use the standard agreement adopted under Subsection (b)
  unless:
               (1)  the district or school requests from the
  commissioner permission to modify the standard agreement; and
               (2)  the commissioner authorizes the modification.
         (d)  The commissioner shall adopt rules necessary to
  implement this section, including rules regarding attendance
  accounting.
         SECTION 61.08.  Subsection (a), Section 42.302, Education
  Code, is amended to read as follows:
         (a)  Each school district is guaranteed a specified amount
  per weighted student in state and local funds for each cent of tax
  effort over that required for the district's local fund assignment
  up to the maximum level specified in this subchapter.  The amount
  of state support, subject only to the maximum amount under Section
  42.303, is determined by the formula:
  GYA = (GL X WADA X DTR X 100) - LR
  where:
         "GYA" is the guaranteed yield amount of state funds to be
  allocated to the district;
         "GL" is the dollar amount guaranteed level of state and local
  funds per weighted student per cent of tax effort, which is an
  amount described by Subsection (a-1) or a greater amount for any
  year provided by appropriation;
         "WADA" is the number of students in weighted average daily
  attendance, which is calculated by dividing the sum of the school
  district's allotments under Subchapters B and C, less any allotment
  to the district for transportation, any allotment under Section
  42.158[, 42.159,] or 42.160, and 50 percent of the adjustment under
  Section 42.102, by the basic allotment for the applicable year;
         "DTR" is the district enrichment tax rate of the school
  district, which is determined by subtracting the amounts specified
  by Subsection (b) from the total amount of maintenance and
  operations taxes collected by the school district for the
  applicable school year and dividing the difference by the quotient
  of the district's taxable value of property as determined under
  Subchapter M, Chapter 403, Government Code, or, if applicable,
  under Section 42.2521, divided by 100; and
         "LR" is the local revenue, which is determined by multiplying
  "DTR" by the quotient of the district's taxable value of property as
  determined under Subchapter M, Chapter 403, Government Code, or, if
  applicable, under Section 42.2521, divided by 100.
         SECTION 61.09.  Section 42.159, Education Code, is repealed.
         Explanation: The changes are necessary to clarify issues
  regarding funding for students enrolled in electronic courses
  offered through the state virtual school network.
         (24)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee in proposed Article 66A of the bill to add text on a
  matter which is not included in either the house or senate version
  of the bill to read as follows:
  ARTICLE 66A.  GUARDIANSHIP MATTERS AND PROCEEDINGS: AMENDMENTS TO
  ESTATES CODE
         SECTION 66A.01.  Subpart B, Part 2, Subtitle Y, Title 3,
  Estates Code, as effective January 1, 2014, is amended by adding
  Section 619 to read as follows:
         Sec. 619.  REVIEW OF TRANSFERRED GUARDIANSHIP. Not later
  than the 90th day after the date the transfer of the guardianship
  takes effect under Section 616, the court to which the guardianship
  was transferred shall hold a hearing to consider modifying the
  rights, duties, and powers of the guardian or any other provisions
  of the transferred guardianship.
         SECTION 66A.02.  Section 1253.051, Estates Code, as
  effective January 1, 2014, is amended to read as follows:
         Sec. 1253.051.  APPLICATION FOR RECEIPT AND ACCEPTANCE OF
  FOREIGN GUARDIANSHIP. A guardian appointed by a foreign court to
  represent an incapacitated person who is residing in this state or
  intends to move to this state may file an application with a court
  in which the ward resides or intends to reside to have the
  guardianship transferred to the court.  The application must have
  attached a certified copy of all papers of the guardianship filed
  and recorded in the foreign court.
         SECTION 66A.03.  Section 1253.053, Estates Code, as
  effective January 1, 2014, is amended by amending Subsection (a)
  and adding Subsection (f) to read as follows:
         (a)  The [On the court's own motion or on the motion of the
  ward or any interested person, the] court shall hold a hearing to:
               (1)  consider an application for receipt and acceptance
  of a foreign guardianship under this subchapter; and
               (2)  consider modifying the administrative procedures
  or requirements of the proposed transferred guardianship in
  accordance with local and state law.
         (f)  At the time of granting an application for receipt and
  acceptance of a foreign guardianship, the court may also modify the
  administrative procedures or requirements of the transferred
  guardianship in accordance with local and state law.
         SECTION 66A.04.  Subsection (b), Section 1253.102, Estates
  Code, as effective January 1, 2014, is amended to read as follows:
         (b)  In making a determination under Subsection (a), the
  court may consider:
               (1)  the interests of justice;
               (2)  the best interests of the ward or proposed ward;
  [and]
               (3)  the convenience of the parties; and
               (4)  the preference of the ward or proposed ward, if the
  ward or proposed ward is 12 years of age or older.
         SECTION 66A.05.  Chapter 1253, Estates Code, as effective
  January 1, 2014, is amended by adding Subchapter D to read as
  follows:
  SUBCHAPTER D.  DETERMINATION OF MOST APPROPRIATE FORUM FOR CERTAIN
  GUARDIANSHIP PROCEEDINGS
         Sec. 1253.151.  DETERMINATION OF ACQUISITION OF
  JURISDICTION IN THIS STATE DUE TO UNJUSTIFIABLE CONDUCT.  If at any
  time a court of this state determines that it acquired jurisdiction
  of a proceeding for the appointment of a guardian of the person or
  estate, or both, of a ward or proposed ward because of unjustifiable
  conduct, the court may:
               (1)  decline to exercise jurisdiction;
               (2)  exercise jurisdiction for the limited purpose of
  fashioning an appropriate remedy to ensure the health, safety, and
  welfare of the ward or proposed ward or the protection of the ward's
  or proposed ward's property or prevent a repetition of the
  unjustifiable conduct, including staying the proceeding until a
  petition for the appointment of a guardian or issuance of a
  protective order is filed in a court of another state having
  jurisdiction; or
               (3)  continue to exercise jurisdiction after
  considering:
                     (A)  the extent to which the ward or proposed ward
  and all persons required to be notified of the proceedings have
  acquiesced in the exercise of the court's jurisdiction;
                     (B)  whether the court of this state is a more
  appropriate forum than the court of any other state after
  considering the factors described by Section 1253.102(b); and
                     (C)  whether the court of any other state would
  have jurisdiction under the factual circumstances of the matter.
         Sec. 1253.152.  ASSESSMENT OF EXPENSES AGAINST PARTY.  (a)  
  If a court of this state determines that it acquired jurisdiction of
  a proceeding for the appointment of a guardian of the person or
  estate, or both, of a ward or proposed ward because a party seeking
  to invoke the court's jurisdiction engaged in unjustifiable
  conduct, the court may assess against that party necessary and
  reasonable expenses, including attorney's fees, investigative
  fees, court costs, communication expenses, witness fees and
  expenses, and travel expenses.
         (b)  The court may not assess fees, costs, or expenses of any
  kind against this state or a governmental subdivision, agency, or
  instrumentality of this state unless authorized by other law.
         SECTION 66A.06.  The following are repealed:
               (1)  Section 1253.054, Estates Code, as effective
  January 1, 2014;
               (2)  the changes in law made by Sections 66.05 and 66.06
  of this Act to Sections 892 and 894, Texas Probate Code; and
               (3)  Section 895, Texas Probate Code, as added by
  Section 66.07 of this Act.
         SECTION 66A.07.  This article takes effect January 1, 2014.
         Explanation:  The change is necessary to conform the
  provisions of the Estates Code, as effective January 1, 2014, to the
  changes in law to be made by proposed Article 66 of the bill to the
  Texas Probate Code.
         (25)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee in proposed Article 71 of the bill to add text on a
  matter which is not included in either the house or senate version
  of the bill to read as follows:
  ARTICLE 71.  CHRONIC HEALTH CONDITIONS SERVICES MEDICAID WAIVER
  PROGRAM
         SECTION 71.01.  Subchapter B, Chapter 531, Government Code,
  is amended by adding Section 531.0226 to read as follows:
         Sec. 531.0226.  CHRONIC HEALTH CONDITIONS SERVICES MEDICAID
  WAIVER PROGRAM. (a) If feasible and cost-effective, the commission
  may apply for a waiver from the federal Centers for Medicare and
  Medicaid Services or another appropriate federal agency to more
  efficiently leverage the use of state and local funds in order to
  maximize the receipt of federal Medicaid matching funds by
  providing benefits under the Medicaid program to individuals who:
               (1)  meet established income and other eligibility
  criteria; and
               (2)  are eligible to receive services through the
  county for chronic health conditions.
         (b)  In establishing the waiver program under this section,
  the commission shall:
               (1)  ensure that the state is a prudent purchaser of the
  health care services that are needed for the individuals described
  by Subsection (a);
               (2)  solicit broad-based input from interested
  persons;
               (3)  ensure that the benefits received by an individual
  through the county are not reduced once the individual is enrolled
  in the waiver program; and
               (4)  employ the use of intergovernmental transfers and
  other procedures to maximize the receipt of federal Medicaid
  matching funds.
         Explanation: The change is necessary to provide for prudent
  purchasing of services for chronic health conditions and to
  maximize receipt of federal Medicaid matching funds.
         (26)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee in proposed Article 74 of the bill to add text on a
  matter which is not included in either the house or the senate
  version of the bill to read as follows:
  ARTICLE 74. OPERATION AND ADMINISTRATION OF THE TEXAS DEPARTMENT
  OF HOUSING AND COMMUNITY AFFAIRS
         SECTION 74.01.  Section 2306.022, Government Code, is
  amended to read as follows:
         Sec. 2306.022.  APPLICATION OF SUNSET ACT. The Texas
  Department of Housing and Community Affairs is subject to Chapter
  325 (Texas Sunset Act). Unless continued in existence as provided
  by that chapter, the department is abolished and this chapter
  expires September 1, 2013 [2011].
         SECTION 74.02.  Subsections (d-1) and (d-2), Section
  2306.111, Government Code, are amended to read as follows:
         (d-1)  In allocating low income housing tax credit
  commitments under Subchapter DD, the department shall, before
  applying the regional allocation formula prescribed by Section
  2306.1115, set aside for at-risk developments, as defined by
  Section 2306.6702, not less than the minimum amount of housing tax
  credits required under Section 2306.6714. Funds or credits are not
  required to be allocated according to the regional allocation
  formula under Subsection (d) if:
               (1)  the funds or credits are reserved for
  contract-for-deed conversions or for set-asides mandated by state
  or federal law and each contract-for-deed allocation or set-aside
  allocation equals not more than 10 percent of the total allocation
  of funds or credits for the applicable program;
               (2)  the funds or credits are allocated by the
  department primarily to serve persons with disabilities; or
               (3)  the funds are housing trust funds administered by
  the department under Sections 2306.201-2306.206 that are not
  otherwise required to be set aside under state or federal law and do
  not exceed $3 million for each programmed activity during each
  application cycle.
         (d-2)  In allocating low income housing tax credit
  commitments under Subchapter DD, the department shall allocate five
  percent of the housing tax credits in each application cycle to
  developments that receive federal financial assistance through the
  Texas Rural Development Office of the United States Department of
  Agriculture.  Any funds allocated to developments under this
  subsection that involve rehabilitation must come from the funds set
  aside for at-risk developments under Section 2306.6714 and any
  additional funds set aside for those developments under Subsection
  (d-1).  This subsection does not apply to a development financed
  wholly or partly under Section 538 of the Housing Act of 1949 (42
  U.S.C. Section 1490p-2) unless the development involves the
  rehabilitation of an existing property that has received and will
  continue to receive as part of the financing of the development
  federal financial assistance provided under Section 515 of the
  Housing Act of 1949 (42 U.S.C. Section 1485).
         SECTION 74.03.  Section 2306.67022, Government Code, is
  amended to read as follows:
         Sec. 2306.67022.  QUALIFIED ALLOCATION PLAN; MANUAL. At
  least biennially, the [The] board [annually] shall adopt a
  qualified allocation plan and a corresponding manual to provide
  information regarding the administration of and eligibility for the
  low income housing tax credit program. The board may adopt the plan
  and manual annually, as considered appropriate by the board.
         SECTION 74.04.  Subsections (b) and (f), Section 2306.6711,
  Government Code, are amended to read as follows:
         (b)  Not later than the deadline specified in the qualified
  allocation plan, the board shall issue commitments for available
  housing tax credits based on the application evaluation process
  provided by Section 2306.6710. The board may not allocate to an
  applicant housing tax credits in any unnecessary amount, as
  determined by the department's underwriting policy and by federal
  law, and in any event may not allocate to the applicant housing tax
  credits in an amount greater than $3 [$2] million in a single
  application round or to an individual development more than $2
  million in a single application round.
         (f)  The board may allocate housing tax credits to more than
  one development in a single community, as defined by department
  rule, in the same calendar year only if the developments are or will
  be located more than two [one] linear miles [mile] apart. This
  subsection applies only to communities contained within counties
  with populations exceeding one million.
         SECTION 74.05.  Subsections (a), (b), and (c), Section
  2306.6724, Government Code, are amended to read as follows:
         (a)  Regardless of whether the board will adopt the plan
  annually or biennially [Not later than September 30 of each year],
  the department, not later than September 30 of the year preceding
  the year in which the new plan is proposed for use, shall prepare
  and submit to the board for adoption any proposed [the] qualified
  allocation plan required by federal law for use by the department in
  setting criteria and priorities for the allocation of tax credits
  under the low income housing tax credit program.
         (b)  Regardless of whether the board has adopted the plan
  annually or biennially, the [The] board shall [adopt and] submit to
  the governor any proposed [the] qualified allocation plan not later
  than November 15 of the year preceding the year in which the new
  plan is proposed for use.
         [(c)]  The governor shall approve, reject, or modify and
  approve the proposed qualified allocation plan not later than
  December 1.
         SECTION 74.06.  Section 1201.104, Occupations Code, is
  amended by amending Subsections (a), (g), and (h) and adding
  Subsections (a-1), (a-2), (a-3), and (a-4) to read as follows:
         (a)  Except as provided by Subsection (g) [(e)], as a
  requirement for a manufacturer's, retailer's, broker's,
  installer's, salvage rebuilder's, or salesperson's license, a
  person who was not licensed or registered with the department or a
  predecessor agency on September 1, 1987, must, not more than 12
  months before applying for the person's first license under this
  chapter, attend and successfully complete eight [20] hours of
  instruction in the law, including instruction in consumer
  protection regulations.
         (a-1)  If the applicant is not an individual, the applicant
  must have at least one related person who satisfies the
  requirements of Subsection (a) [meets this requirement]. If that
  applicant is applying for a retailer's license, the related person
  must be a management official who satisfies the requirements of
  Subsections (a) and (a-2) at each retail location operated by the
  applicant.
         (a-2)  An applicant for a retailer's license must complete
  four hours of specialized instruction relevant to the sale,
  exchange, and lease-purchase of manufactured homes. The
  instruction under this subsection is in addition to the instruction
  required under Subsection (a).
         (a-3)  An applicant for an installer's license must complete
  four hours of specialized instruction relevant to the installation
  of manufactured homes. The instruction under this subsection is in
  addition to the instruction required under Subsection (a).
         (a-4)  An applicant for a joint installer-retailer license
  must comply with Subsections (a-2) and (a-3), for a total of eight
  hours of specialized instruction. The instruction under this
  subsection is in addition to the instruction required under
  Subsection (a).
         (g)  Subsections [Subsection] (a), (a-2), (a-3), and (a-4)
  do [does] not apply to a license holder who applies:
               (1)  for a license for an additional business location;
  or
               (2)  to renew or reinstate a license.
         (h)  An examination must be a requirement of successful
  completion of any initial required course of instruction under this
  section. The period needed to complete an examination under this
  subsection may not be used to satisfy the minimum education
  requirements under Subsection (a), (a-2), (a-3), or (a-4).
         SECTION 74.07.  Section 1201.303, Occupations Code, is
  amended by amending Subsection (b) and adding Subsections (c), (d),
  (e), (f), and (g) to read as follows:
         (b)  The department shall establish an installation
  inspection program in which at least 75 [25] percent of installed
  manufactured homes are inspected on a sample basis for compliance
  with the standards and rules adopted and orders issued by the
  director. The program must place priority on inspecting
  multisection homes and homes installed in Wind Zone II counties.
         (c)  On or after January 1, 2015, the director by rule shall
  establish a third-party installation inspection program to
  supplement the inspections of the department if the department is
  not able to inspect at least 75 percent of manufactured homes
  installed in each of the calendar years 2012, 2013, and 2014.
         (d)  The third-party installation inspection program
  established under Subsection (c) must:
               (1)  establish qualifications for third-party
  inspectors to participate in the program;
               (2)  require third-party inspectors to register with
  the department before participating in the program;
               (3)  establish a biennial registration and renewal
  process for third-party inspectors;
               (4)  require the list of registered third-party
  inspectors to be posted on the department's Internet website;
               (5)  establish clear processes governing inspection
  fees and payment to third-party inspectors;
               (6)  establish the maximum inspection fee that may be
  charged to a consumer;
               (7)  require a third-party inspection to occur not
  later than the 14th day after the date of installation of the
  manufactured home;
               (8)  establish a process for a retailer or broker to
  contract, as part of the sale of a new or used manufactured home,
  with an independent third-party inspector to inspect the
  installation of the home;
               (9)  establish a process for an installer to schedule
  an inspection for each consumer-to-consumer sale where a home is
  reinstalled;
               (10)  if a violation is noted in an inspection, require
  the installer to:
                     (A)  remedy the violations noted;
                     (B)  have the home reinspected at the installer's
  expense; and
                     (C)  certify to the department that all violations
  have been corrected;
               (11)  require an inspector to report inspection results
  to the retailer, installer, and the department;
               (12)  require all persons receiving inspection results
  under Subdivision (11) to maintain a record of the results at least
  until the end of the installation warranty period;
               (13)  authorize the department to charge a filing fee
  and an inspection fee for third-party inspections;
               (14)  authorize the department to continue to conduct
  no-charge complaint inspections under Section 1201.355 on request,
  but only after an initial installation inspection is completed;
               (15)  establish procedures to revoke the registration
  of inspectors who fail to comply with rules adopted under this
  section; and
               (16)  require the department to notify the relevant
  state agency if the department revokes an inspector registration
  based on a violation that is relevant to a license issued to the
  applicable person by another state agency.
         (e)  Not later than January 1, 2015, the department shall
  submit to the Legislative Budget Board, the Governor's Office of
  Budget, Planning, and Policy, and the standing committee of each
  house of the legislature having primary jurisdiction over housing a
  report concerning whether the department inspected at least 75
  percent of manufactured homes installed in each of the calendar
  years 2012, 2013, and 2014.
         (f)  Not later than December 1, 2015, the director shall
  adopt rules as necessary to implement Subsections (c) and (d) if the
  department did not inspect at least 75 percent of manufactured
  homes installed in each of the calendar years 2012, 2013, and 2014.  
  Not later than January 1, 2016, the department shall begin
  registering third-party inspectors under Subsections (c) and (d) if
  the department inspections did not occur as described by this
  subsection.
         (g)  If the department is not required to establish a
  third-party installation inspection program as provided by
  Subsection (c), Subsections (c), (d), (e), and (f) and this
  subsection expire September 1, 2016.
         SECTION 74.08.  The changes in law made by this article to
  Section 2306.6711, Government Code, apply only to an application
  for low income housing tax credits that is submitted to the Texas
  Department of Housing and Community Affairs during an application
  cycle that begins on or after the effective date of this Act. An
  application that is submitted during an application cycle that
  began before the effective date of this Act is governed by the law
  in effect at the time the application cycle began, and the former
  law is continued in effect for that purpose.
         SECTION 74.09.  The change in law made by this article in
  amending Section 1201.104, Occupations Code, applies only to an
  application for a license filed with the executive director of the
  manufactured housing division of the Texas Department of Housing
  and Community Affairs on or after the effective date of this
  article. An application for a license filed before that date is
  governed by the law in effect on the date the application was filed,
  and the former law is continued in effect for that purpose.
         Explanation: The changes are necessary to provide for the
  administration and Sunset Advisory Commission review of the Texas
  Department of Housing and Community Affairs, including the
  department's activities related to certain housing tax credits and
  the regulation of manufactured housing and mobile homes.
         (27)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee in proposed Article 79A of the bill to add text on a
  matter which is not included in either the house or senate version
  of the bill to read as follows:
  ARTICLE 79A. CONFIDENTIALITY OF
  CERTAIN PEACE OFFICER VOUCHERS
         SECTION 79A.01.  Subchapter H, Chapter 660, Government Code,
  is amended by adding Section 660.2035 to read as follows:
         Sec. 660.2035.  CONFIDENTIALITY OF CERTAIN PEACE OFFICER
  VOUCHERS; QUARTERLY SUMMARIES.  (a)  A voucher or other expense
  reimbursement form, and any receipt or other document supporting
  that voucher or other expense reimbursement form, that is submitted
  or to be submitted under Section 660.027 is confidential under
  Chapter 552 for a period of 18 months following the date of travel
  if the voucher or other expense reimbursement form is submitted or
  is to be submitted for payment or reimbursement of a travel expense
  incurred by a peace officer while assigned to provide protection
  for an elected official of this state or a member of the elected
  official's family.
         (b)  At the expiration of the period provided by Subsection
  (a), the voucher or other expense reimbursement form and any
  supporting documents become subject to disclosure under Chapter 552
  and are not excepted from public disclosure or confidential under
  that chapter or other law, except that the following provisions of
  that chapter apply to the information in the voucher, reimbursement
  form, or supporting documents:
               (1)  Section 552.117;
               (2)  Section 552.1175;
               (3)  Section 552.119;
               (4)  Section 552.136;
               (5)  Section 552.137;
               (6)  Section 552.147; and
               (7)  Section 552.151.
         (c)  A state agency that submits vouchers or other expense
  reimbursement forms described by Subsection (a) shall prepare
  quarterly a summary of the amounts paid or reimbursed by the
  comptroller based on those vouchers or other expense reimbursement
  forms. Each summary must:
               (1)  list separately for each elected official the
  final travel destinations and the total amounts paid or reimbursed
  in connection with protection provided to each elected official and
  that elected official's family members; and
               (2)  itemize the amounts listed under Subdivision (1)
  by the categories of travel, fuel, food, lodging or rent, and other
  operating expenses.
         (d)  The itemized amounts under Subsection (c)(2) must equal
  the total amount listed under Subsection (c)(1) for each elected
  official for the applicable quarter.
         (e)  A summary prepared under Subsection (c) may not include:
               (1)  the number or names of the peace officers or
  elected official's family members identified in the vouchers,
  expense reimbursement forms, or supporting documents;
               (2)  the name of any business or vendor identified in
  the vouchers, expense reimbursement forms, or supporting
  documents; or
               (3)  the locations in which expenses were incurred,
  other than the city, state, and country in which incurred.
         (f)  A summary prepared under Subsection (c) is subject to
  disclosure under Chapter 552, except as otherwise excepted from
  disclosure under that chapter.
         (g)  A state agency that receives a request for information
  described by Subsection (a) during the period provided by that
  subsection may withhold that information without the necessity of
  requesting a decision from the attorney general under Subchapter G,
  Chapter 552. The Supreme Court of Texas has original and exclusive
  mandamus jurisdiction over any dispute regarding the construction,
  applicability, or constitutionality of Subsection (a). The supreme
  court may appoint a master to assist in the resolution of any such
  dispute as provided by Rule 171, Texas Rules of Civil Procedure, and
  may adopt additional rules as necessary to govern the procedures
  for the resolution of any such dispute.
         SECTION 79A.02.  Section 660.2035, Government Code, as added
  by this article, applies according to its terms in relation to
  travel vouchers or other reimbursement form and any supporting
  documents that pertain to expenses incurred or paid on or after the
  effective date of this article.
         Explanation: The changes are necessary to provide for
  confidentiality and disclosure requirements for vouchers submitted
  for expenses incurred by a peace officer while assigned to provide
  protection for an elected official of this state or a member of the
  elected official's family.