HB 632 - Appointment of bailiffs for the 415th District Court

Effective: on 9/1/07 Signed by Gov. Perry 05/25/2007
Author: King, Phil Sponsor: Estes
HISTORY: SENATE RECORD VOTE: HOUSE RECORD VOTE: TEXT:

H.B. No. 632
AN ACT
relating to the appointment of bailiffs for the 415th District Court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 53.002(b), Government Code, is amended to read as follows:
(b) The judge of the 43rd District Court and the judge of the 415th District Court may each appoint one or more bailiffs that the judge [he] believes are necessary for the efficient administration of the judge's court.
SECTION 2. This Act takes effect September 1, 2007.


______________________________ ______________________________
President of the Senate Speaker of the House

I certify that H.B. No. 632 was passed by the House on March 15, 2007, by the following vote: Yeas 146, Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House

I certify that H.B. No. 632 was passed by the Senate on May 8, 2007, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor

HB 2024 Continuation of the Tex. Veterinary Medical Diagnostic Lab

Effective: on 9/1/07 - Signed by Gov. Perry 05/17/2007
Author: Kolkhorst Author: Kolkhorst
HISTORY: SENATE RECORD VOTE: HOUSE RECORD VOTE: TEXT:

H.B. No. 2024

AN ACT

relating to the continuation and functions of the Texas Veterinary Medical Diagnostic Laboratory.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter I, Chapter 88, Education Code, as added by Chapter 388, Acts of the 76th Legislature, Regular Session, 1999, is redesignated as Subchapter I-1, Chapter 88, Education Code, and amended to read as follows:
SUBCHAPTER I-1 [I]. TEXAS VETERINARY MEDICAL DIAGNOSTIC LABORATORY
Sec. 88.701. TEXAS VETERINARY MEDICAL DIAGNOSTIC LABORATORY. [(a)] The Texas Veterinary Medical Diagnostic Laboratory is a state agency under the jurisdiction and supervision of the board.
[(b) The agency is not a part of The Texas A&M University System.]
Sec. 88.702. EXECUTIVE DIRECTOR AND EMPLOYEES. (a) The board shall staff the Texas Veterinary Medical Diagnostic Laboratory with an executive director and other employees necessary for the agency to properly function.
(b) The executive director and employees are eligible to participate in the retirement systems and personnel benefits available to employees of The Texas A&M University System.
[Sec. 88.703. SUNSET PROVISION. The Texas Veterinary Medical Diagnostic Laboratory is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the laboratory is abolished and this subchapter expires September 1, 2007.]
Sec. 88.704. CONFLICT OF INTEREST. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business competitors in this state designed to assist its members and its industry in dealing with mutual business or professional problems and in promoting their common interest.
(b) A person may not serve as the executive director of the Texas Veterinary Medical Diagnostic Laboratory and may not be an employee of the laboratory employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:
(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of veterinary medicine; or
(2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of veterinary medicine.
(c) A person may not serve as the executive director or act as the general counsel to the laboratory if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the laboratory.
Sec. 88.705. USE OF TECHNOLOGY. The executive director shall implement a policy requiring the Texas Veterinary Medical Diagnostic Laboratory to use appropriate technological solutions to improve the laboratory's ability to perform its functions. The policy must ensure that the public is able to interact with the laboratory on the Internet.
Sec. 88.706. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION. (a) The executive director of the Texas Veterinary Medical Diagnostic Laboratory shall develop and implement a policy to encourage the use of:
(1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of rules by the laboratory; and
(2) appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the laboratory's jurisdiction.
(b) The laboratory's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c) The executive director shall designate a trained person to:
(1) coordinate the implementation of the policy adopted under Subsection (a);
(2) serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3) collect data concerning the effectiveness of those procedures, as implemented by the laboratory.
Sec. 88.707 [88.704]. FEES. (a) The Texas Veterinary Medical Diagnostic Laboratory may charge and collect fees for goods and services the laboratory provides to any person, including a governmental entity.
(b) The laboratory may adopt a fee or change the amount of a fee only after the laboratory:
(1) at least 30 days before the date the laboratory adopts the fee or changes the amount of the fee, provides notice of the proposed fee:
(A) in any newsletter distributed by the laboratory; and
(B) on the laboratory's Internet website;
(2) provides the public a reasonable opportunity to submit written comments on the proposed fee or fee amount; and
(3) considers all public comments received under Subdivision (2).
Sec. 88.708. POWERS AND DUTIES. (a) The Texas Veterinary Medical Diagnostic Laboratory shall:
(1) provide diagnostic testing to aid in the identification of diseases affecting animals;
(2) provide testing to facilitate the international, intrastate, or interstate shipment of animals;
(3) identify and monitor disease epidemics in animals;
(4) assist livestock owners and veterinarians to identify, diagnose, and treat disease and other animal health matters, including matters that could affect human health;
(5) report the identification of a disease or other animal health matter, including a matter that could affect human health, to the appropriate state or federal agency or official as required by law;
(6) disseminate to veterinarians, animal owners, and the public news and other information, including information relating to general trends in animal health derived from diagnostic testing, that the laboratory determines appropriate concerning animal disease outbreaks and other animal health matters, including matters that could affect human health; and
(7) perform other functions as provided by law or that the laboratory determines necessary or appropriate to provide diagnostics, surveillance, and reporting of diseases affecting animals.
(b) The laboratory may provide diagnostic testing services for pets and other domestic animals or out-of-state clients only when and to the extent that laboratory resources are not required for diagnostic testing services for livestock in this state.
Sec. 88.709. COMPLAINTS. (a) The Texas Veterinary Medical Diagnostic Laboratory shall maintain a system to promptly and efficiently act on complaints filed with the laboratory. The laboratory shall maintain information about each complaint that includes:
(1) the parties to the complaint;
(2) the subject matter of the complaint;
(3) a summary of the results of the review or investigation of the complaint; and
(4) the disposition of the complaint.
(b) The laboratory shall make information available describing the laboratory's procedures for complaint investigation and resolution.
(c) The laboratory shall periodically notify the parties to a complaint of the status of the complaint until final disposition.
Sec. 88.710. PLAN COORDINATOR; NATIONAL POULTRY IMPROVEMENT PLAN. (a) The poultry programs administrator for the Texas Veterinary Medical Diagnostic Laboratory serves as the state plan coordinator for the National Poultry Improvement Plan.
(b) The state plan coordinator shall work with the Texas Poultry Improvement Board in the administration of the National Poultry Improvement Plan.
SECTION 2. This Act takes effect September 1, 2007.


______________________________ ______________________________
President of the Senate Speaker of the House

I certify that H.B. No. 2024 was passed by the House on April 5, 2007, by the following vote: Yeas 136, Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House

I certify that H.B. No. 2024 was passed by the Senate on May 3, 2007, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor

The Bad Precedents Recognized as the official band of the Regular Session of 80th Texas Legislature

H.R. No. 2678 passed by Texas House 5/25/2007 Sponsor: Lon Burnam
By: Burnam H.R. No. 2678

R E S O L U T I O N
WHEREAS, Texas has a rich tradition of great music, and music is the universal human language that has the power to bring together peoples of all backgrounds and political affiliations; and
WHEREAS, the Bad Precedents is a group of musicians linked by the common thread of service to the state of Texas; and
WHEREAS, the performance of live music by the Bad Precedents during the regular session of the 80th Texas Legislature has served to unite the members of the Legislature and bring joy to countless listeners, fans, and dancers, including Mr. Tom Craddick and his wife, Nadine; and
WHEREAS, the Bad Precedents consists of State Senator Bob Deuell, State Representative Jim Dunnam, Vernon Effenberger, Kelly Fine, Michael Garemko, Ross Peavey, Tommy Tynes, and Jeff Rotkoff; and
WHEREAS, The Bad Precedents played with many special guests, including State Representatives Roberto Alonzo, Lon Burnam, Joaquin Castro, Myra Crownover, Kirk England, Stephen Frost, Pete Gallego, Juan Garcia, Veronica Gonzales, Pat Haggerty, Abel Herrero, Bryan Hughes, Susan King, Tommy Merritt, Borris Miles, Elliot Naishtat, Joe Pickett, Richard Raymond, Larry Taylor and Marc Veasey, Senator Jane Nelson, and Hugh Brady, Karen Brooks, Paul Brown, Denise Davis, Lauren Dunnam, Mason Dunnam, Sandie Haverlah, Dave McNeely, Steve Sheffield, Kevin Vickers and Lara Wendler; and
WHEREAS, No band can function properly without quality roadies and support personnel, and the Bad Precedents are well served by Jenny Casey, Russell Devorsky, Jerry Phillips, Leighton Wilson and others; and
WHEREAS, The Bad Precedents and all of their special guests are deserving of special recognition for their fine work; now, therefore, be it
RESOLVED, That the House of Representatives of the 80th Texas Legislature hereby honor the Bad Precedents and their special guests for their outstanding musical performances during the regular session of the 80th Texas Legislature; and, be it further
RESOLVED, That the House of Representatives of the 80th Texas Legislature hereby encourages The Bad Precedents to keep on rocking in the free world; and, be it further
RESOLVED, That the House of Representatives of the 80th Texas Legislature hereby recognize The Bad Precedents as the official band of the regular session of the 80th Texas Legislature; and, be it further
RESOLVED, That an official copy of this resolution be prepared for each member of The Bad Precedents and each of their special guests as an expression of high regard by the Texas House of Representatives.

HISTORY

HB 504 - payment for the provision of services by a metropolitan rapid transit authority to persons with disabilities in a unit of election ..

HB 504 - Author: Naistat, Sponsor: Wentworth:

Signed by Governor effective 5/14/2007 - Relating to payment for the provision of services by a metropolitan rapid transit authority to persons with disabilities in a unit of election that has withdrawn from the authority.
HISTORY TEXT HOUSE VOTE SENATE VOTE: HB 504 (5-01-2007) (viva voce vote) (31-0) (31-0)

H.B. No. 504
AN ACT
relating to payment for the provision of services by a metropolitan rapid transit authority to persons with disabilities in a unit of election that has withdrawn from the authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 451.616(a), Transportation Code, is amended to read as follows:
(a) The comptroller shall withhold from the amount of sales and use tax revenue refunded to a unit of election that has withdrawn from an authority the full amount [one-half] of the difference between the cost of providing services to persons with disabilities in the unit of election and the fares charged during the period in which the sales and use tax was collected and remit this amount to the authority providing the services.
SECTION 2. 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, 2007.


______________________________ ______________________________
President of the Senate Speaker of the House

I certify that H.B. No. 504 was passed by the House on March 28, 2007, by the following vote: Yeas 145, Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House

I certify that H.B. No. 504 was passed by the Senate on May 1, 2007, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor

This is where the rubber meets the road

Legislators return to their districts. This is your chance to speak out. Name those who betrayed your trust. Name the bill and name the legislator. Use the Comment Section of this post. You must be registered on BLOGGER to post comments to this message.

SB 1287 Notices posted on premises of alcoholic beverage retailers

Effective: on 9/1/07 - Signed by Gov. Perry 5/21/2007
Author: Van de Putte Co-author: Lucio Sponsor: Thompson
HISTORY: SENATE RECORD VOTE: HOUSE RECORD VOTE: TEXT:

S.B. No. 1287
AN ACT
relating to providing certain notices to be posted on the premises of alcoholic beverage retailers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 104, Alcoholic Beverage Code, is amended by adding Section 104.07 to read as follows:
Sec. 104.07. POSTING OF CERTAIN NOTICES REQUIRED. (a) The holder of a permit or license under Chapter 25, 26, 28, 32, 69, or 71, other than the holder of a food and beverage certificate, shall display a sign containing the following notice in English and in Spanish:
WARNING: Obtaining forced labor or services is a crime under Texas law. Call the national human trafficking hotline: 1-888-373-7888. You may remain anonymous.
(b) The sign must be at least 8-1/2 inches high and 11 inches wide and displayed in a conspicuous manner clearly visible to the public and employees of the permit or license holder. The English notice must cover approximately two-thirds of the sign, and the Spanish notice must cover approximately one-third of the sign.
SECTION 2. This Act takes effect September 1, 2007.

______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1287 passed the Senate on April 12, 2007, by the following vote: Yeas 31, Nays 0.

______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1287 passed the House on May 8, 2007, by the following vote: Yeas 144, Nays 2, two present not voting.

______________________________
Chief Clerk of the House


Approved:

______________________________
Date

______________________________
Governor

SB 1306 - Quorum for public meeting

Effective: 5/22/2007 - Signed by Gov. Perry 5/22/2007 Author: Wentworth Sponsor: Goolsby
HISTORY: SENATE RECORD VOTE:

HOUSE RECORD VOTE:
S.B. No. 1306
AN ACT
relating to the attendance by a quorum of a governmental body at certain events under the open meetings law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (4), Section 551.001, Government Code, is amended to read as follows:
(4) "Meeting" means:
(A) a deliberation between a quorum of a governmental body, or between a quorum of a governmental body and another person, during which public business or public policy over which the governmental body has supervision or control is discussed or considered or during which the governmental body takes formal action; or
(B) except as otherwise provided by this subdivision, a gathering:
(i) that is conducted by the governmental body or for which the governmental body is responsible;
(ii) at which a quorum of members of the governmental body is present;
(iii) that has been called by the governmental body; and
(iv) at which the members receive information from, give information to, ask questions of, or receive questions from any third person, including an employee of the governmental body, about the public business or public policy over which the governmental body has supervision or control.
The term does not include the gathering of a quorum of a governmental body at a social function unrelated to the public business that is conducted by the body, or the attendance by a quorum of a governmental body at a regional, state, or national convention or workshop, ceremonial event, or press conference, if formal action is not taken and any discussion of public business is incidental to the social function, convention, [or] workshop, ceremonial event, or press conference.
The term includes a session of a governmental body.
SECTION 2. 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, 2007.

______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1306 passed the Senate on April 19, 2007, by the following vote: Yeas 31, Nays 0.

______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1306 passed the House on May 9, 2007, by the following vote: Yeas 144, Nays 0, two present not voting.

______________________________
Chief Clerk of the House

Approved:

______________________________
Date

______________________________
Governor

Analysis:

Senate Bill 1306 amends the Government Code to clarify the type of social functions which would not be subject to the Texas Open Meetings Act if attended by a quorum of a governmental body. The bill provides that the term "meeting" does not include attendance at a ceremonial event or press conference by a quorum of a governmental body. The bill further restricts the governmental body from taking any formal action at such events, in conformance with the current requirements of the Texas Open Meetings Act.