By: Duncan S.R. No. 130
 
 
SENATE RESOLUTION
         BE IT RESOLVED by the Senate of the State of Texas, 82nd
  Legislature, 1st Called Session, 2011, That Senate Rule 12.03 be
  suspended in part as provided by Senate Rule 12.08 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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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)  Senate Rule 12.03(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.
 
 
 
 
    _______________________________ 
        President of the Senate
     
         I hereby certify that the
    above Resolution was adopted by
    the Senate on June 28, 2011, by
    the    
   
   
   
   
    _______________________________ 
        Secretary of the Senate