H.B. No. 1664
 
 
 
 
AN ACT
  relating to the regulation of banks, trust companies, and bank
  holding companies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.107(c), Finance Code, is amended to
  read as follows:
         (c)  The presiding officer may:
               (1)  adopt rules and procedures as the presiding
  officer considers necessary for the orderly operation of the
  finance commission and for communication among the finance
  commission, the Texas Department of Banking [department], the
  Department of Savings and Mortgage Lending, and the Office of
  Consumer Credit Commissioner;
               (2)  adopt internal procedures governing the time and
  place of meetings, the type of notice for special public meetings,
  the manner in which public meetings are to be conducted, and other
  similar matters; and
               (3)  appoint committees composed of finance commission
  members as the presiding officer considers necessary to carry out
  the commission's business.
         SECTION 2.  Section 31.002(a)(8), Finance Code, is amended
  to read as follows:
               (8)  "Branch" means a location of a bank, other than the
  bank's home office, at which the bank engages the public in the
  business of banking. The term does not include:
                     (A)  a drive-in facility located not more than
  2,000 feet from the nearest wall of the home office or an approved
  branch office of the bank;
                     (B)  a night depository;
                     (C)  an electronic terminal;
                     (D)  a deposit or loan production office as
  described by Section 32.204;
                     (E)  a state or federally licensed armored car
  service or other courier service transporting items for deposit or
  payment, unless:
                           (i)  the risk of loss of items in the custody
  of the service is borne by the employing bank; or
                           (ii)  the items in the custody of the service
  are considered to be in customer accounts at the employing bank or
  federally insured through the employing bank;
                     (F)  a location at which the bank offers
  exclusively nondepository financial products or services to the
  public, including financial, investment, or economic advisory
  services;
                     (G)  a location that combines permissible
  non-branch functions or facilities; or
                     (H)  another office or facility as provided by
  this subtitle or a rule adopted under this subtitle.
         SECTION 3.  Section 31.105, Finance Code, is amended by
  amending Subsections (c) and (d) and adding Subsections (c-1) and
  (e) to read as follows:
         (c)  The banking commissioner may:
               (1)  administer oaths and examine persons under oath on
  any subject that the commissioner considers pertinent to the
  financial condition or the safety and soundness of the activities
  of a state bank; and
               (2)  subpoena witnesses and require and compel by
  subpoena the production of documents not voluntarily produced.
         (c-1)  If a person refuses to obey a subpoena, a district
  court of Travis County, on application by the commissioner, may
  issue an order requiring the person to appear before the
  commissioner and produce documents or give evidence regarding the
  matter under examination or investigation.
         (d)  Disclosure of information to the banking commissioner
  pursuant to an examination request or a subpoena issued under this
  section does not constitute a waiver of or otherwise affect or
  diminish an evidentiary privilege to which the information is
  otherwise subject.  A report of an examination under this section
  is confidential and may be disclosed only under the circumstances
  provided by this subtitle.
         (e)  A subpoena issued to a financial institution under this
  section is not subject to Section 59.006.
         SECTION 4.  Section 32.204, Finance Code, is amended to read
  as follows:
         Sec. 32.204.  DEPOSIT OR LOAN PRODUCTION OFFICES. (a) A
  state bank may establish one or more deposit or loan production
  offices for the purpose of:
               (1)  soliciting deposit accounts, applications for
  loans, or equivalent transactions;
               (2)  [, accepting loan applications, and] performing
  ministerial duties related to solicitations described by
  Subdivision (1); and
               (3)  conducting other activities as permitted by rules
  adopted under this subtitle [consummating a granted loan, such as
  execution of loan documents and dispensation of loan proceeds by
  check or other draft, including a certified or cashier's check, but
  not by cash. A credit decision, commitment to make a loan, and
  preparation of a check or other draft to dispense loan proceeds must
  occur at the bank's home office or a branch office and may not occur
  at a loan production office].
         (b)  The bank shall notify the banking commissioner in
  writing of the location of and activities to be conducted at a
  proposed deposit or loan production office of the bank. The bank may
  establish the proposed office beginning on the 31st day after the
  date [before the 31st day before the date of establishment of a loan
  production office, except that] the banking commissioner receives
  the bank's notice unless [may waive or shorten the period if] the
  banking commissioner specifies that the proposed office be
  established on an earlier or later date.
         (c)  The banking commissioner may extend the 30-day period
  prescribed by Subsection (b) on a determination that the bank's
  notice raises issues that require additional information or time
  for analysis. If the period is extended, [does not have a
  significant supervisory or regulatory concern regarding] the bank
  may establish the proposed deposit or [its planned] loan production
  office only with the prior written approval of the banking
  commissioner.
         SECTION 5.  Section 33.104, Finance Code, is amended to read
  as follows:
         Sec. 33.104.  ADVISORY DIRECTOR. (a)  An advisory director
  is not considered a director if the advisory director:
               (1)  is not elected by the shareholders of the bank;
               (2)  does not vote on matters before the board or a
  committee of the board;
               (3)  is not counted for purposes of determining a
  quorum of the board or committee; and
               (4)  provides solely general policy advice to the
  board.
         (b)  A state bank may not disclose to an advisory director
  confidential information pertaining to the bank or the bank's
  customers unless:
               (1)  the board adopts a resolution that designates the
  advisory director as a person who is officially connected to the
  bank and that describes the purpose for disclosure of the
  information, which must be a reasonable business purpose; and
               (2)  the disclosure is made under a written
  confidentiality agreement between the bank and the advisory
  director.
         SECTION 6.  Section 33.105, Finance Code, is amended to read
  as follows:
         Sec. 33.105.  REQUIRED MONTHLY BOARD MEETING. (a) Except as
  provided by Subsection (b), the [The] board of a state bank shall
  hold at least one regular meeting each month.
         (b)  On application by the board, the banking commissioner
  may grant the board approval to hold regular meetings on a less
  frequent basis than the period prescribed by Subsection (a). The
  commissioner may revoke or modify a prior approval granted under
  this subsection if the commissioner determines that more frequent
  regular meetings of the board are necessary to promote the safety
  and soundness of the bank.
         (c)  At each regular meeting the board shall review and
  approve the minutes of the prior meeting and review the operations,
  activities, and financial condition of the bank. The board may
  designate a committee from among its members to perform those
  duties and approve or disapprove the committee's report at each
  regular meeting. Each action of the board must be recorded in its
  minutes.
         SECTION 7.  Section 34.003(c), Finance Code, is amended to
  read as follows:
         (c)  A state bank shall dispose of real property subject to
  this section not later than[:
               [(1)]  the fifth anniversary of the date the real
  property:
               (1)  [(A)  it] was acquired except as otherwise
  provided by rules adopted under this subtitle; [or]
               (2)  [(B) it] ceases to be used as a bank facility; or
               (3)  [(2)  the second anniversary of the date it]
  ceases to be a bank facility as provided by Section 34.002(b).
         SECTION 8.  Section 34.004, Finance Code, is amended to read
  as follows:
         Sec. 34.004.  RETENTION OF NONPARTICIPATING ROYALTY
  [PASSIVE INVESTMENT IN MINERAL] INTERESTS. (a) Notwithstanding
  Section 34.003(a), a state bank may hold nonparticipating
  [nonworking mineral or] royalty interests if:
               (1)  the state bank acquires the interest pursuant to
  Section 34.003(a)(3) or retains the interest in a sale of property
  acquired under that section;
               (2)  the interest is nonparticipating due to the fact
  the interest:
                     (A)  is nonpossessory;
                     (B)  does not bear executive rights, the right of
  ingress and egress, the right to receive bonus payments, or the
  right to receive delay rentals; and
                     (C)  is accordingly not subject to expenses of
  exploration, development, production, operation, maintenance, or
  abandonment, or [any] other expenses [expense] associated with
  extracting and marketing the minerals subject to the [rights or]
  interest;
               (3)  the interest is reasonably valued on the books of
  the state bank for not more than a nominal amount, and the aggregate
  amount of earnings from such interests is separately disclosed in
  the annual financial statements of the state bank;
               (4)  the state bank does not make any new investments
  relating to the [rights or] interests without the approval of the
  banking commissioner; and
               (5)  the banking commissioner determines that the
  possession of such [rights and] interests is not inconsistent with
  the safety and soundness of the state bank.
         (b)  The banking commissioner may order a state bank that
  holds nonparticipating [nonworking mineral or] royalty interests
  to divest such interests at any time if the banking commissioner
  determines that continued ownership of such interests is
  detrimental to the state bank.
         (c)  Subject to compliance with this section,
  nonparticipating [nonworking mineral or] royalty interests are not
  considered to be real property for purposes of this subtitle.
         SECTION 9.  Section 35.003(b), Finance Code, is amended to
  read as follows:
         (b)  If the banking commissioner has grounds for action under
  Subsection (a) and finds that a removal or prohibition order
  appears to be necessary and in the best interest of the public [bank
  involved and its depositors, creditors, or shareholders], the
  banking commissioner may serve a proposed removal or prohibition
  order, as appropriate, on a person alleged to have committed or
  participated in the action.  The proposed order must:
               (1)  be delivered by personal delivery or by registered
  or certified mail, return receipt requested;
               (2)  state with reasonable certainty the grounds for
  removal or prohibition;
               (3)  state the effective date of the order, which may
  not be before the 21st day after the date the proposed order is
  delivered or mailed; and
               (4)  state the duration of the order, including whether
  the duration of the order is perpetual.
         SECTION 10.  Section 35.106, Finance Code, is amended to
  read as follows:
         Sec. 35.106.  AUTHORITY OF SUPERVISOR. During a period of
  supervision, a bank, without the prior approval of the banking
  commissioner or the supervisor or as otherwise permitted or
  restricted by the order of supervision, may not:
               (1)  dispose of, sell, transfer, convey, or encumber
  the bank's assets;
               (2)  lend or invest the bank's money;
               (3)  incur a debt, obligation, or liability; [or]
               (4)  pay a cash dividend to the bank's shareholders; or
               (5)  remove an executive officer or director, change
  the number of executive officers or directors, or have any other
  change in the position of executive officer or director.
         SECTION 11.  Section 181.002(a), Finance Code, is amended by
  adding Subdivision (47-a) to read as follows:
               (47-a)  "Surplus" means the amount by which the assets
  of a state trust company exceed the company's liabilities, capital,
  and undivided profits.
         SECTION 12.  Section 181.104, Finance Code, is amended by
  amending Subsections (d) and (f) and adding Subsections (f-1) and
  (g) to read as follows:
         (d)  Disclosure of information to the banking commissioner
  pursuant to an examination request or a subpoena issued under this
  section does not constitute a waiver of or otherwise affect or
  diminish an evidentiary privilege to which the information is
  otherwise subject. A report of an examination under this section is
  confidential and may be disclosed only under the circumstances
  provided by this subtitle.
         (f)  The banking commissioner may:
               (1)  administer oaths and examine persons under oath on
  any subject that the banking commissioner considers pertinent to
  the financial condition or the safety and soundness of the
  activities of a state trust company; and
               (2)  subpoena witnesses and require and compel by
  subpoena the production of documents not voluntarily produced.
         (f-1)  If a person refuses to obey a subpoena, a district
  court of Travis County, on application by the commissioner, may
  issue an order requiring the person to appear before the
  commissioner and produce documents or give evidence regarding the
  matter under examination or investigation.
         (g)  A subpoena issued to a financial institution under this
  section is not subject to Section 59.006.
         SECTION 13.  Section 183.104, Finance Code, is amended to
  read as follows:
         Sec. 183.104.  ADVISORY DIRECTOR OR ADVISORY MANAGER. (a)
  An advisory director or advisory manager is not considered to be a
  director if the advisory director or advisory manager:
               (1)  is not elected by the shareholders or participants
  of the state trust company;
               (2)  does not vote on matters before the board or a
  committee of the board;
               (3)  is not counted for purposes of determining a
  quorum of the board or committee; and
               (4)  provides solely general policy advice to the
  board.
         (b)  A state trust company may not disclose to an advisory
  director or advisory manager confidential information pertaining
  to the state trust company or the company's clients unless:
               (1)  the board adopts a resolution that designates the
  advisory director or advisory manager as a person who is officially
  connected to the trust company and that describes the purpose for
  disclosure of the information, which must be a reasonable business
  purpose; and
               (2)  the disclosure is made under a written
  confidentiality agreement between the state trust company and the
  advisory director or advisory manager.
         SECTION 14.  Sections 184.002(a) and (c), Finance Code, are
  amended to read as follows:
         (a)  Without the prior written approval of the banking
  commissioner, a state trust company may not directly or indirectly
  invest an amount in excess of the company's [60 percent of its]
  restricted capital in state trust company facilities, furniture,
  fixtures, and equipment. Except as otherwise provided by rules
  adopted under this subtitle, in computing the limitation provided
  by this subsection a state trust company:
               (1)  shall include:
                     (A)  its direct investment in state trust company
  facilities;
                     (B)  an investment in equity or investment
  securities of a company holding title to a facility used by the
  state trust company for the purposes specified by Section 184.001;
                     (C)  a loan made by the state trust company to or
  on the security of equity or investment securities issued by a
  company holding title to a facility used by the state trust company;
  and
                     (D)  any indebtedness incurred on state trust
  company facilities by a company:
                           (i)  that holds title to the facility;
                           (ii)  that is an affiliate of the state trust
  company; and
                           (iii)  in which the state trust company is
  invested in the manner described by Paragraph (B) or (C); and
               (2)  may exclude an amount included under Subdivisions
  (1)(B)-(D) to the extent any lease of a facility from the company
  holding title to the facility is capitalized on the books of the
  state trust company.
         (c)  A state trust company shall dispose of any real property
  subject to Subsection (a) not later than the fifth anniversary of
  the date the real property:
               (1)  was acquired, except as otherwise provided by
  rules adopted under this subtitle;
               (2)  ceases to be used as a state trust company
  facility; or
               (3)  ceases to be a [comply with regulatory accounting
  principles in accounting for its investment in and depreciation of]
  state trust company facility as provided by Subsection (b)
  [facilities, furniture, fixtures, and equipment].
         SECTION 15.  Section 185.003(b), Finance Code, is amended to
  read as follows:
         (b)  If the banking commissioner has grounds for action under
  Subsection (a) and finds that a removal or prohibition order
  appears to be necessary and in the best interest of the public
  [state trust company involved and its clients, creditors,
  shareholders, or participants], the banking commissioner may serve
  a proposed removal or prohibition order, as appropriate, on an
  officer, employee, director, manager or managing participant,
  controlling shareholder or participant, or other person alleged to
  have committed or participated in the violation or other conduct
  described by Section 185.002(a).  The order must:
               (1)  be delivered by personal delivery or by registered
  or certified mail, return receipt requested;
               (2)  state with reasonable certainty the grounds for
  removal or prohibition;
               (3)  state the effective date of the order, which may
  not be before the 21st day after the date the proposed order is
  delivered or mailed; and
               (4)  state the duration of the order, including whether
  the duration of the order is perpetual.
         SECTION 16.  Section 185.106, Finance Code, is amended to
  read as follows:
         Sec. 185.106.  DUTIES OF STATE TRUST COMPANY UNDER
  SUPERVISION. During a period of supervision, a state trust
  company, without the prior approval of the banking commissioner or
  the supervisor or as otherwise permitted or restricted by the order
  of supervision, may not:
               (1)  dispose of, sell, transfer, convey, or encumber
  the state trust company's assets;
               (2)  lend or invest the state trust company's funds;
               (3)  incur a debt, obligation, or liability;
               (4)  pay a cash dividend to the state trust company's
  shareholders or participants; [or]
               (5)  solicit or accept any new client accounts; or
               (6)  remove an executive officer or director, change
  the number of executive officers or directors, or have any other
  change in the position of executive officer or director.
         SECTION 17.  Section 187.103(a), Finance Code, is amended to
  read as follows:
         (a)  An out-of-state trust company that does not operate a
  trust office in this state and that meets the requirements of this
  subchapter may acquire an existing trust institution in this state
  and after the acquisition operate and maintain the acquired
  institution as a trust office in this state, subject to Subchapter
  A, Chapter 183, or Subchapter A, Chapter 33, if applicable. [If the
  institution to be acquired is a bank or a state savings bank,
  Section 203.005 applies to the transaction.]
         SECTION 18.  Section 187.105(a), Finance Code, is amended to
  read as follows:
         (a)  A trust office of an out-of-state trust company may be
  acquired or established in this state under this subchapter if:
               (1)  the out-of-state trust company confirms in writing
  to the banking commissioner that while it maintains a trust office
  in this state, it will comply with all applicable laws of this
  state;
               (2)  the out-of-state trust company provides
  satisfactory evidence to the banking commissioner of compliance
  with Section 201.102 and the applicable requirements of its home
  state regulator for acquiring or establishing and maintaining the
  office;
               (3)  all filing fees have been paid as required by law;
  and
               (4)  the banking commissioner finds that:
                     (A)  applicable conditions of Section 187.102 or
  187.103 have been met;
                     (B)  if a state bank is being acquired, the
  applicable requirements of Subchapter A, Chapter 33[, and Section
  203.005] have been met, or if a state trust company is being
  acquired, the applicable requirements of Subchapter A, Chapter 183
  have been met; and
                     (C)  any conditions imposed by the banking
  commissioner pursuant to Subsection (b) have been satisfied.
         SECTION 19.  Section 201.002(a)(7), Finance Code, is amended
  to read as follows:
               (7)  "Bank supervisory agency" means any of the
  following:
                     (A)  an agency of another state with primary
  responsibility for chartering and supervising banks;
                     (B)  the Office of the Comptroller of the
  Currency, the Federal Deposit Insurance Corporation, [or] the Board
  of Governors of the Federal Reserve System, or the Bureau of
  Consumer Financial Protection, and any successor to these agencies;
  or
                     (C)  an agency of a country, including a colony,
  dependency, possession, or political subdivision of a country,
  other than the United States with primary responsibility for
  chartering and supervising banks.
         SECTION 20.  Section 201.004, Finance Code, is amended by
  amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  The laws of this state, including laws regarding
  community reinvestment, consumer protection, fair lending, and
  establishment of intrastate branches, apply to an interstate branch
  located in this state to the same extent the laws of this state
  would apply if the branch in this state were a branch of an
  out-of-state national bank [with its main office located] in this
  state, except to the extent otherwise provided under federal law.
  An out-of-state state bank that establishes an interstate branch in
  this state under this subtitle may conduct any activity at the
  branch in this state that is permissible under the laws of the
  bank's home state, to the extent the activity is permissible for a
  Texas state bank or for a branch of an out-of-state national bank in
  this state.
         (d)  This subtitle does not limit or affect the authority of:
               (1)  the home state regulator of a bank's home state to
  enforce any law applicable to a branch of an out-of-state state
  bank;
               (2)  a law enforcement officer, a regulatory
  supervisor, other than the commissioner, or another official of
  this state to enforce the laws of this state applicable to a branch
  of an out-of-state state bank; or
               (3)  this state to adopt, apply, or administer any tax
  or method of taxation to a bank, bank holding company, or foreign
  bank, or any affiliate of a bank, bank holding company, or foreign
  bank, to the extent that the tax or tax method is otherwise
  permissible by or under the United States Constitution or other
  federal law.
         SECTION 21.  Section 201.005, Finance Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  A cooperative agreement entered into by the
  commissioner under this section does not limit the authority of a
  law enforcement officer, regulatory supervisor, or other official
  of this state who is not a party to the agreement to enforce the laws
  of this state applicable to a branch of an out-of-state state bank
  located in this state.
         SECTION 22.  Section 201.009(b), Finance Code, is amended to
  read as follows:
         (b)  If the commissioner determines that an interstate
  branch maintained by an out-of-state state bank in this state is
  being operated in violation of a law of this state that is
  applicable to the branch under Section 24(j), Federal Deposit
  Insurance Act (12 U.S.C. Section 1831a(j)), including a law that
  governs community reinvestment, fair lending, or consumer
  protection [or in an unsafe and unsound manner], the commissioner,
  with written notice to the home state regulator and subject to the
  terms of any applicable cooperative agreement with the home state
  regulator, may take any enforcement action the commissioner would
  be empowered to take if the branch were a Texas state bank or state
  savings bank, as the case may be[, except that the commissioner
  shall promptly give notice to the home state regulator of each
  enforcement action taken against an out-of-state state bank and, to
  the extent practicable, shall consult and cooperate with the home
  state regulator in pursuing and resolving the enforcement action].
  An out-of-state state bank may appeal a final order or other
  decision of the commissioner under this subtitle as provided by
  Sections 31.202, 31.203, and 31.204, or as provided under Subtitle
  C with respect to a state savings bank.
         SECTION 23.  Section 203.002(a), Finance Code, is amended to
  read as follows:
         (a)  An out-of-state bank may establish a de novo branch in
  this state if:
               (1)  [the laws of the home state of the out-of-state
  bank would permit a Texas bank to establish and maintain a de novo
  branch in that state under substantially the same terms and
  conditions as set forth in this subchapter;
               [(2)]  the out-of-state bank confirms in writing to the
  commissioner that as long as it maintains a branch in this state, it
  will comply with all applicable laws of this state;
               (2) [(3)]  the applicant provides satisfactory
  evidence to the commissioner of compliance with the applicable
  requirements of Section 201.102; and
               (3) [(4)]  the commissioner, acting on or before the
  30th day after the date the commissioner receives notice of an
  application under Subsection (b), certifies to the responsible
  federal bank supervisory agency that the requirements of this
  subchapter have been met.
         SECTION 24.  Section 203.003(a), Finance Code, is amended to
  read as follows:
         (a)  Subject to Section [Sections] 203.004 [and 203.005],
  one or more Texas banks may enter into an interstate merger
  transaction with one or more out-of-state banks under this chapter,
  and an out-of-state bank resulting from the transaction may
  maintain and operate the branches in this state of a Texas bank that
  participated in the transaction. An out-of-state bank that will be
  the resulting bank in the interstate merger transaction shall
  comply with Section 201.102.
         SECTION 25.  Section 203.007, Finance Code, is amended to
  read as follows:
         Sec. 203.007.  EXAMINATIONS[; PERIODIC REPORTS]. (a) With
  respect to an interstate branch maintained by an out-of-state state
  bank in this state, the [The] banking commissioner:
               (1)  with written notice to the home state regulator
  and subject to the terms of any applicable cooperative agreement
  with the home state regulator, may examine the branch for the
  purpose of determining whether the branch is in [may make
  examinations of a branch established and maintained in this state
  pursuant to this chapter by an out-of-state bank as the banking
  commissioner considers necessary to determine whether the branch is
  being operated in] compliance with the laws of this state that are
  applicable under Section 24(j), Federal Deposit Insurance Act (12
  U.S.C. Section 1831a(j)), including laws governing community
  reinvestment, fair lending, and consumer protection; and
               (2)  if expressly permitted under and subject to the
  terms of any cooperative agreement with the home state regulator,
  or if the bank has been determined to be in a troubled condition by
  the home state regulator or the bank's appropriate federal banking
  agency, may participate in the examination of the bank by the home
  state regulator to ascertain whether the activities of the branch
  in this state are being conducted in an unsafe or unsound manner
  [and in accordance with safe and sound banking practices. Sections
  31.105-31.107 or 96.054-96.057, as appropriate, apply to the
  examinations].
         (b)  For purposes of this section, a bank is considered to be
  in a troubled condition if the bank:
               (1)  has a composite rating, as determined in the bank's
  most recent report of examination, of four or five under the Uniform
  Financial Institutions Ratings System;
               (2)  is subject to a proceeding initiated by the
  Federal Deposit Insurance Corporation for termination or
  suspension of deposit insurance; or
               (3)  is subject to a proceeding initiated by the home
  state regulator to:
                     (A)  vacate, revoke, or terminate the bank's
  charter;
                     (B)  liquidate the bank; or
                     (C)  appoint a receiver for the bank. [The
  commissioner may prescribe requirements for periodic reports from
  an out-of-state bank that operates a branch in Texas pursuant to
  this chapter. Reporting requirements prescribed by the
  commissioner under this section must be:
               [(1)     consistent with the reporting requirements
  applicable to Texas state banks or state savings banks, as
  appropriate; and
               [(2)     appropriate to discharge the responsibilities of
  the commissioner under this chapter.]
         SECTION 26.  Sections 201.009(c), 203.003(c), and 203.005,
  Finance Code, are repealed.
         SECTION 27.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1664 was passed by the House on April
  18, 2013, by the following vote:  Yeas 140, Nays 3, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1664 was passed by the Senate on May
  20, 2013, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor