H.B. No. 3833
 
 
 
 
AN ACT
  relating to the adoption of a uniform collaborative law Act in
  regard to family law matters.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The Family Code is amended by adding Title 1-A
  to read as follows:
  TITLE 1-A. COLLABORATIVE FAMILY LAW
  CHAPTER 15. COLLABORATIVE FAMILY LAW ACT
  SUBCHAPTER A.  APPLICATION AND CONSTRUCTION
         Sec. 15.001.  POLICY. It is the policy of this state to
  encourage the peaceable resolution of disputes, with special
  consideration given to disputes involving the parent-child
  relationship, including disputes involving the conservatorship of,
  possession of or access to, and support of a child, and the early
  settlement of pending litigation through voluntary settlement
  procedures.
         Sec. 15.002.  CONFLICTS BETWEEN PROVISIONS. If a provision
  of this chapter conflicts with another provision of this code or
  another statute or rule of this state and the conflict cannot be
  reconciled, this chapter prevails.
         Sec. 15.003.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.
  In applying and construing this chapter, consideration must be
  given to the need to promote uniformity of the law with respect to
  its subject matter among states that enact a collaborative law
  process Act for family law matters.
         Sec. 15.004.  RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
  AND NATIONAL COMMERCE ACT. This chapter modifies, limits, and
  supersedes the federal Electronic Signatures in Global and National
  Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify,
  limit, or supersede Section 101(c) of that Act (15 U.S.C. Section
  7001(c)), or authorize electronic delivery of any of the notices
  described in Section 103(b) of that Act (15 U.S.C. Section
  7003(b)).
  [Sections 15.005-15.050 reserved for expansion]
  SUBCHAPTER B.  GENERAL PROVISIONS
         Sec. 15.051.  SHORT TITLE. This chapter may be cited as the
  Collaborative Family Law Act.
         Sec. 15.052.  DEFINITIONS. In this chapter:
               (1)  "Collaborative family law communication" means a
  statement made by a party or nonparty participant, whether oral or
  in a record, or verbal or nonverbal, that:
                     (A)  is made to conduct, participate in, continue,
  or reconvene a collaborative family law process; and
                     (B)  occurs after the parties sign a collaborative
  family law participation agreement and before the collaborative
  family law process is concluded.
               (2)  "Collaborative family law participation
  agreement" means an agreement by persons to participate in a
  collaborative family law process.
               (3)  "Collaborative family law matter" means a dispute,
  transaction, claim, problem, or issue for resolution that arises
  under Title 1 or 5 and that is described in a collaborative family
  law participation agreement. The term includes a dispute, claim,
  or issue in a proceeding.
               (4)  "Collaborative family law process" means a
  procedure intended to resolve a collaborative family law matter
  without intervention by a tribunal in which parties:
                     (A)  sign a collaborative family law
  participation agreement; and
                     (B)  are represented by collaborative family law
  lawyers.
               (5)  "Collaborative lawyer" means a lawyer who
  represents a party in a collaborative family law process.
               (6)  "Law firm" means:
                     (A)  lawyers who practice law together in a
  partnership, professional corporation, sole proprietorship,
  limited liability company, or association; and
                     (B)  lawyers employed in a legal services
  organization or in the legal department of a corporation or other
  organization or of a government or governmental subdivision,
  agency, or instrumentality.
               (7)  "Nonparty participant" means a person, including a
  collaborative lawyer, other than a party, who participates in a
  collaborative family law process.
               (8)  "Party" means a person who signs a collaborative
  family law participation agreement and whose consent is necessary
  to resolve a collaborative family law matter.
               (9)  "Proceeding" means a judicial, administrative,
  arbitral, or other adjudicative process before a tribunal,
  including related prehearing and posthearing motions, conferences,
  and discovery.
               (10)  "Prospective party" means a person who discusses
  with a prospective collaborative lawyer the possibility of signing
  a collaborative family law participation agreement.
               (11)  "Record" means information that is inscribed on a
  tangible medium or that is stored in an electronic or other medium
  and is retrievable in perceivable form.
               (12)  "Related to a collaborative family law matter"
  means a matter involving the same parties, transaction or
  occurrence, nucleus of operative fact, dispute, claim, or issue as
  the collaborative family law matter.
               (13)  "Sign" means, with present intent to authenticate
  or adopt a record, to:
                     (A)  execute or adopt a tangible symbol; or
                     (B)  attach to or logically associate with the
  record an electronic symbol, sound, or process.
               (14)  "Tribunal" means a court, arbitrator,
  administrative agency, or other body acting in an adjudicative
  capacity that, after presentation of evidence or legal argument,
  has jurisdiction to render a decision affecting a party's interests
  in a matter.
         Sec. 15.053.  APPLICABILITY. This chapter applies only to a
  matter arising under Title 1 or 5.
  [Sections 15.054-15.100 reserved for expansion]
  SUBCHAPTER C.  COLLABORATIVE FAMILY LAW PROCESS
         Sec. 15.101.  REQUIREMENTS FOR COLLABORATIVE FAMILY LAW
  PARTICIPATION AGREEMENT. (a)  A collaborative family law
  participation agreement must:
               (1)  be in a record;
               (2)  be signed by the parties;
               (3)  state the parties' intent to resolve a
  collaborative family law matter through a collaborative family law
  process under this chapter;
               (4)  describe the nature and scope of the collaborative
  family law matter;
               (5)  identify the collaborative lawyer who represents
  each party in the collaborative family law process; and
               (6)  contain a statement by each collaborative lawyer
  confirming the lawyer's representation of a party in the
  collaborative family law process.
         (b)  A collaborative family law participation agreement must
  include provisions for:
               (1)  suspending tribunal intervention in the
  collaborative family law matter while the parties are using the
  collaborative family law process; and
               (2)  unless otherwise agreed in writing, jointly
  engaging any professionals, experts, or advisors serving in a
  neutral capacity.
         (c)  Parties may agree to include in a collaborative family
  law participation agreement additional provisions not inconsistent
  with this chapter.
         Sec. 15.102.  BEGINNING AND CONCLUDING COLLABORATIVE FAMILY
  LAW PROCESS. (a)  A collaborative family law process begins when
  the parties sign a collaborative family law participation
  agreement.
         (b)  A tribunal may not order a party to participate in a
  collaborative family law process over that party's objection.
         (c)  A collaborative family law process is concluded by:
               (1)  resolution of a collaborative family law matter as
  evidenced by a signed record;
               (2)  resolution of a part of a collaborative family law
  matter, evidenced by a signed record, in which the parties agree
  that the remaining parts of the matter will not be resolved in the
  process; or
               (3)  termination of the process under Subsection (d).
         (d)  A collaborative family law process terminates:
               (1)  when a party gives notice to other parties in a
  record that the process is ended;
               (2)  when a party:
                     (A)  begins a proceeding related to a
  collaborative family law matter without the agreement of all
  parties; or
                     (B)  in a pending proceeding related to the
  matter:
                           (i)  without the agreement of all parties,
  initiates a pleading, motion, or request for a conference with the
  tribunal;
                           (ii)  initiates an order to show cause or
  requests that the proceeding be put on the tribunal's active
  calendar; or
                           (iii)  takes similar action requiring notice
  to be sent to the parties; or
               (3)  except as otherwise provided by Subsection (g),
  when a party discharges a collaborative lawyer or a collaborative
  lawyer withdraws from further representation of a party.
         (e)  A party's collaborative lawyer shall give prompt notice
  in a record to all other parties of the collaborative lawyer's
  discharge or withdrawal.
         (f)  A party may terminate a collaborative family law process
  with or without cause.
         (g)  Notwithstanding the discharge or withdrawal of a
  collaborative lawyer, a collaborative family law process continues
  if, not later than the 30th day after the date the notice of the
  collaborative lawyer's discharge or withdrawal required by
  Subsection (e) is sent to the parties:
               (1)  the unrepresented party engages a successor
  collaborative lawyer; and
               (2)  in a signed record:
                     (A)  the parties consent to continue the process
  by reaffirming the collaborative family law participation
  agreement;
                     (B)  the agreement is amended to identify the
  successor collaborative lawyer; and
                     (C)  the successor collaborative lawyer confirms
  the lawyer's representation of a party in the collaborative
  process.
         (h)  A collaborative family law process does not conclude if,
  with the consent of the parties to a signed record resolving all or
  part of the collaborative matter, a party requests a tribunal to
  approve a resolution of the collaborative family law matter or any
  part of that matter as evidenced by a signed record.
         (i)  A collaborative family law participation agreement may
  provide additional methods of concluding a collaborative family law
  process.
         Sec. 15.103.  PROCEEDINGS PENDING BEFORE TRIBUNAL; STATUS
  REPORT.  (a)  The parties to a proceeding pending before a tribunal
  may sign a collaborative family law participation agreement to seek
  to resolve a collaborative family law matter related to the
  proceeding. The parties shall file promptly with the tribunal a
  notice of the agreement after the agreement is signed. Subject to
  Subsection (c) and Sections 15.104 and 15.105, the filing operates
  as a stay of the proceeding.
         (b)  A tribunal that is notified, not later than the 30th day
  before the date of a proceeding, that the parties are using the
  collaborative family law process to attempt to settle a
  collaborative family law matter may not, until a party notifies the
  tribunal that the collaborative family law process did not result
  in a settlement:
               (1)  set a proceeding or a hearing in the collaborative
  family law matter;
               (2)  impose discovery deadlines;
               (3)  require compliance with scheduling orders; or
               (4)  dismiss the proceeding.
         (c)  The parties shall notify the tribunal in a pending
  proceeding if the collaborative family law process results in a
  settlement. If the collaborative family law process does not
  result in a settlement, the parties shall file a status report:
               (1)  not later than the 180th day after the date the
  collaborative family law participation agreement was signed or, if
  the proceeding was filed by agreement after the collaborative
  family law participation agreement was signed, not later than the
  180th day after the date the proceeding was filed; and
               (2)  on or before the first anniversary of the date the
  collaborative family law participation agreement was signed or, if
  the proceeding was filed by agreement after the collaborative
  family law participation agreement was signed, on or before the
  first anniversary of the date the proceeding was filed, accompanied
  by a motion for continuance.
         (d)  The tribunal shall grant a motion for continuance filed
  under Subsection (c)(2) if the status report indicates that the
  parties desire to continue to use the collaborative family law
  process.
         (e)  If the collaborative family law process does not result
  in a settlement on or before the second anniversary of the date the
  proceeding was filed, the tribunal may:
               (1)  set the proceeding for trial on the regular
  docket; or
               (2)  dismiss the proceeding without prejudice.
         (f)  Each party shall file promptly with the tribunal notice
  in a record when a collaborative family law process concludes. The
  stay of the proceeding under Subsection (a) is lifted when the
  notice is filed. The notice may not specify any reason for
  termination of the process.
         (g)  A tribunal in which a proceeding is stayed under
  Subsection (a) may require the parties and collaborative lawyers to
  provide a status report on the collaborative family law process and
  the proceeding. A status report:
               (1)  may include only information on whether the
  process is ongoing or concluded; and
               (2)  may not include a report, assessment, evaluation,
  recommendation, finding, or other communication regarding a
  collaborative family law process or collaborative family law
  matter.
         (h)  A tribunal may not consider a communication made in
  violation of Subsection (g).
         (i)  A tribunal shall provide parties notice and an
  opportunity to be heard before dismissing a proceeding based on
  delay or failure to prosecute in which a notice of collaborative
  family law process is filed.
         Sec. 15.104.  EMERGENCY ORDER. During a collaborative
  family law process, a tribunal may issue an emergency order to
  protect the health, safety, welfare, or interest of a party or a
  family, as defined by Section 71.003. If the emergency order is
  granted without the agreement of all parties, the granting of the
  order terminates the collaborative process.
         Sec. 15.105.  EFFECT OF WRITTEN SETTLEMENT AGREEMENT. (a) A
  settlement agreement under this chapter is enforceable in the same
  manner as a written settlement agreement under Section 154.071,
  Civil Practice and Remedies Code.
         (b)  Notwithstanding Rule 11, Texas Rules of Civil
  Procedure, or another rule or law, a party is entitled to judgment
  on a collaborative family law settlement agreement if the
  agreement:
               (1)  provides, in a prominently displayed statement
  that is in boldfaced type, capitalized, or underlined, that the
  agreement is not subject to revocation; and
               (2)  is signed by each party to the agreement and the
  collaborative lawyer of each party.
         Sec. 15.106.  DISQUALIFICATION OF COLLABORATIVE LAWYER AND
  LAWYERS IN ASSOCIATED LAW FIRM; EXCEPTION. (a)  In this section,
  "family" has the meaning assigned by Section 71.003.
         (b)  Except as provided by Subsection (d), a collaborative
  lawyer is disqualified from appearing before a tribunal to
  represent a party in a proceeding related to the collaborative
  family law matter regardless of whether the collaborative lawyer is
  representing the party for a fee.
         (c)  Except as provided by Subsection (d) and Sections 15.107
  and 15.108, a lawyer in a law firm with which the collaborative
  lawyer is associated is disqualified from appearing before a
  tribunal to represent a party in a proceeding related to the
  collaborative family law matter if the collaborative lawyer is
  disqualified from doing so under Subsection (b).
         (d)  A collaborative lawyer or a lawyer in a law firm with
  which the collaborative lawyer is associated may represent a party:
               (1)  to request a tribunal to approve an agreement
  resulting from the collaborative family law process; or
               (2)  to seek or defend an emergency order to protect the
  health, safety, welfare, or interest of a party or a family if a
  successor lawyer is not immediately available to represent that
  party.
         (e)  The exception prescribed by Subsection (d) does not
  apply after the party is represented by a successor lawyer or
  reasonable measures are taken to protect the health, safety,
  welfare, or interest of that party or family.
         Sec. 15.107.  EXCEPTION FROM DISQUALIFICATION FOR
  REPRESENTATION OF LOW-INCOME PARTIES.  After a collaborative family
  law process concludes, another lawyer in a law firm with which a
  collaborative lawyer disqualified under Section 15.106(b) is
  associated may represent a party without a fee in the collaborative
  family law matter or a matter related to the collaborative family
  law matter if:
               (1)  the party has an annual income that qualifies the
  party for free legal representation under the criteria established
  by the law firm for free legal representation;
               (2)  the collaborative family law participation
  agreement authorizes that representation; and
               (3)  the collaborative lawyer is isolated from any
  participation in the collaborative family law matter or a matter
  related to the collaborative family law matter through procedures
  within the law firm that are reasonably calculated to isolate the
  collaborative lawyer from such participation.
         Sec. 15.108.  GOVERNMENTAL ENTITY AS PARTY. (a)  In this
  section, "governmental entity" has the meaning assigned by Section
  101.014.
         (b)  The disqualification prescribed by Section 15.106(b)
  applies to a collaborative lawyer representing a party that is a
  governmental entity.
         (c)  After a collaborative family law process concludes,
  another lawyer in a law firm with which the collaborative lawyer is
  associated may represent a governmental entity in the collaborative
  family law matter or a matter related to the collaborative family
  law matter if:
               (1)  the collaborative family law participation
  agreement authorizes that representation; and
               (2)  the collaborative lawyer is isolated from any
  participation in the collaborative family law matter or a matter
  related to the collaborative family law matter through procedures
  within the law firm that are reasonably calculated to isolate the
  collaborative lawyer from such participation.
         Sec. 15.109.  DISCLOSURE OF INFORMATION. (a)  Except as
  provided by law other than this chapter, during the collaborative
  family law process, on the request of another party, a party shall
  make timely, full, candid, and informal disclosure of information
  related to the collaborative matter without formal discovery. A
  party shall update promptly any previously disclosed information
  that has materially changed.
         (b)  The parties may define the scope of the disclosure under
  Subsection (a) during the collaborative family law process.
         Sec. 15.110.  STANDARDS OF PROFESSIONAL RESPONSIBILITY AND
  MANDATORY REPORTING NOT AFFECTED. This chapter does not affect:
               (1)  the professional responsibility obligations and
  standards applicable to a lawyer or other licensed professional; or
               (2)  the obligation of a person under other law to
  report abuse or neglect, abandonment, or exploitation of a child or
  adult.
         Sec. 15.111.  INFORMED CONSENT. Before a prospective party
  signs a collaborative family law participation agreement, a
  prospective collaborative lawyer must:
               (1)  assess with the prospective party factors the
  lawyer reasonably believes relate to whether a collaborative family
  law process is appropriate for the prospective party's matter;
               (2)  provide the prospective party with information
  that the lawyer reasonably believes is sufficient for the
  prospective party to make an informed decision about the material
  benefits and risks of a collaborative family law process as
  compared to the material benefits and risks of other reasonably
  available alternatives for resolving the proposed collaborative
  matter, including litigation, mediation, arbitration, or expert
  evaluation; and
               (3)  advise the prospective party that:
                     (A)  after signing an agreement, if a party
  initiates a proceeding or seeks tribunal intervention in a pending
  proceeding related to the collaborative family law matter, the
  collaborative family law process terminates;
                     (B)  participation in a collaborative family law
  process is voluntary and any party has the right to terminate
  unilaterally a collaborative family law process with or without
  cause; and
                     (C)  the collaborative lawyer and any lawyer in a
  law firm with which the collaborative lawyer is associated may not
  appear before a tribunal to represent a party in a proceeding
  related to the collaborative family law matter, except as
  authorized by Section 15.106(d), 15.107, or 15.108(c).
         Sec. 15.112.  FAMILY VIOLENCE. (a) In this section:
               (1)  "Dating relationship" has the meaning assigned by
  Section 71.0021(b).
               (2)  "Family violence" has the meaning assigned by
  Section 71.004.
               (3)  "Household" has the meaning assigned by Section
  71.005.
               (4)  "Member of a household" has the meaning assigned
  by Section 71.006.
         (b)  Before a prospective party signs a collaborative family
  law participation agreement in a collaborative family law matter in
  which another prospective party is a member of the prospective
  party's family or household or with whom the prospective party has
  or has had a dating relationship, a prospective collaborative
  lawyer must make reasonable inquiry regarding whether the
  prospective party has a history of family violence with the other
  prospective party.
         (c)  If a collaborative lawyer reasonably believes that the
  party the lawyer represents, or the prospective party with whom the
  collaborative lawyer consults, as applicable, has a history of
  family violence with another party or prospective party, the lawyer
  may not begin or continue a collaborative family law process
  unless:
               (1)  the party or prospective party requests beginning
  or continuing a process; and
               (2)  the collaborative lawyer or prospective
  collaborative lawyer determines with the party or prospective party
  what, if any, reasonable steps could be taken to address the
  concerns regarding family violence.
         Sec. 15.113.  CONFIDENTIALITY OF COLLABORATIVE FAMILY LAW
  COMMUNICATION. (a)  A collaborative family law communication is
  confidential to the extent agreed to by the parties in a signed
  record or as provided by law other than this chapter.
         (b)  If the parties agree in a signed record, the conduct and
  demeanor of the parties and nonparty participants, including their
  collaborative lawyers, are confidential.
         (c)  If the parties agree in a signed record, communications
  related to the collaborative family law matter occurring before the
  signing of the collaborative family law participation agreement are
  confidential.
         Sec. 15.114.  PRIVILEGE AGAINST DISCLOSURE OF COLLABORATIVE
  FAMILY LAW COMMUNICATION. (a)  Except as provided by Section
  15.115, a collaborative family law communication, whether made
  before or after the institution of a proceeding, is privileged and
  not subject to disclosure and may not be used as evidence against a
  party or nonparty participant in a proceeding.
         (b)  Any record of a collaborative family law communication
  is privileged, and neither the parties nor the nonparty
  participants may be required to testify in a proceeding related to
  or arising out of the collaborative family law matter or be subject
  to a process requiring disclosure of privileged information or data
  related to the collaborative matter.
         (c)  An oral communication or written material used in or
  made a part of a collaborative family law process is admissible or
  discoverable if it is admissible or discoverable independent of the
  collaborative family law process.
         (d)  If this section conflicts with other legal requirements
  for disclosure of communications, records, or materials, the issue
  of privilege may be presented to the tribunal having jurisdiction
  of the proceeding to determine, in camera, whether the facts,
  circumstances, and context of the communications or materials
  sought to be disclosed warrant a protective order of the tribunal or
  whether the communications or materials are subject to disclosure.
  The presentation of the issue of privilege under this subsection
  does not constitute a termination of the collaborative family law
  process under Section 15.102(d)(2)(B).
         (e)  A party or nonparty participant may disclose privileged
  collaborative family law communications to a party's successor
  counsel, subject to the terms of confidentiality in the
  collaborative family law participation agreement. Collaborative
  family law communications disclosed under this subsection remain
  privileged.
         (f)  A person who makes a disclosure or representation about
  a collaborative family law communication that prejudices the rights
  of a party or nonparty participant in a proceeding may not assert a
  privilege under this section.  The restriction provided by this
  subsection applies only to the extent necessary for the person
  prejudiced to respond to the disclosure or representation.
         Sec. 15.115.  LIMITS OF PRIVILEGE. (a)  The privilege
  prescribed by Section 15.114 does not apply to a collaborative
  family law communication that is:
               (1)  in an agreement resulting from the collaborative
  family law process, evidenced in a record signed by all parties to
  the agreement;
               (2)  subject to an express waiver of the privilege in a
  record or orally during a proceeding if the waiver is made by all
  parties and nonparty participants;
               (3)  available to the public under Chapter 552,
  Government Code, or made during a session of a collaborative family
  law process that is open, or is required by law to be open, to the
  public;
               (4)  a threat or statement of a plan to inflict bodily
  injury or commit a crime of violence;
               (5)  a disclosure of a plan to commit or attempt to
  commit a crime, or conceal an ongoing crime or ongoing criminal
  activity;
               (6)  a disclosure in a report of:
                     (A)  suspected abuse or neglect of a child to an
  appropriate agency under Subchapter B, Chapter 261, or in a
  proceeding regarding the abuse or neglect of a child, except that
  evidence may be excluded in the case of communications between an
  attorney and client under Subchapter C, Chapter 261; or
                     (B)  abuse, neglect, or exploitation of an elderly
  or disabled person to an appropriate agency under Subchapter B,
  Chapter 48, Human Resources Code; or
               (7)  sought or offered to prove or disprove:
                     (A)  a claim or complaint of professional
  misconduct or malpractice arising from or related to a
  collaborative family law process;
                     (B)  an allegation that the settlement agreement
  was procured by fraud, duress, coercion, or other dishonest means
  or that terms of the settlement agreement are illegal;
                     (C)  the necessity and reasonableness of
  attorney's fees and related expenses incurred during a
  collaborative family law process or to challenge or defend the
  enforceability of the collaborative family law settlement
  agreement; or
                     (D)  a claim against a third person who did not
  participate in the collaborative family law process.
         (b)  If a collaborative family law communication is subject
  to an exception under Subsection (a), only the part of the
  communication necessary for the application of the exception may be
  disclosed or admitted.
         (c)  The disclosure or admission of evidence excepted from
  the privilege under Subsection (a) does not make the evidence or any
  other collaborative family law communication discoverable or
  admissible for any other purpose.
         Sec. 15.116.  AUTHORITY OF TRIBUNAL IN CASE OF
  NONCOMPLIANCE. (a)  Notwithstanding that an agreement fails to
  meet the requirements of Section 15.101 or that a lawyer has failed
  to comply with Section 15.111 or 15.112, a tribunal may find that
  the parties intended to enter into a collaborative family law
  participation agreement if the parties:
               (1)  signed a record indicating an intent to enter into
  a collaborative family law participation agreement; and
               (2)  reasonably believed the parties were
  participating in a collaborative family law process.
         (b)  If a tribunal makes the findings specified in Subsection
  (a) and determines that the interests of justice require the
  following action, the tribunal may:
               (1)  enforce an agreement evidenced by a record
  resulting from the process in which the parties participated;
               (2)  apply the disqualification provisions of Sections
  15.106, 15.107, and 15.108; and
               (3)  apply the collaborative family law privilege under
  Section 15.114.
         SECTION 2.  Sections 6.603 and 153.0072, Family Code, are
  repealed.
         SECTION 3.  Title 1-A, Family Code, as added by this Act,
  applies only to a collaborative family law participation agreement
  signed on or after the effective date of this Act. A collaborative
  family law participation agreement signed before that date is
  governed by the law in effect on the date the agreement was signed,
  and the former law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3833 was passed by the House on May
  13, 2011, by the following vote:  Yeas 138, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3833 was passed by the Senate on May
  24, 2011, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor