81(R) SB 328 - Enrolled version

�
�
�	S.B.�No.�328

�
�
�
�	AN ACT
�	relating to operating a motor vehicle or a watercraft while
�	intoxicated or under the influence of alcohol.
�	��BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
�	��SECTION�1.��This Act shall be known as the Nicole "Lilly"
�	Lalime Act.
�	��SECTION�2.��The heading to Section 106.041, Alcoholic
�	Beverage Code, is amended to read as follows:
�	��Sec.�106.041.��DRIVING OR OPERATING WATERCRAFT UNDER THE
�	INFLUENCE OF ALCOHOL BY MINOR.
�	��SECTION�3.��Subsections (a) and (g), Section 106.041,
�	Alcoholic Beverage Code, are amended to read as follows:
�	��(a)��A minor commits an offense if the minor operates a motor
�	vehicle in a public place, or a watercraft, while having any
�	detectable amount of alcohol in the minor's system.
�	��(g)��An offense under this section is not a lesser included
�	offense under Section 49.04, 49.045, or 49.06, Penal Code.
�	��SECTION�4.��Subsection (j), Section 106.041, Alcoholic
�	Beverage Code, is amended by adding Subdivision (4) to read as
�	follows:
�	��(4)��"Watercraft" has the meaning assigned by Section
�	49.01, Penal Code.
�	��SECTION�5.��Article 18.01, Code of Criminal Procedure, is
�	amended by amending Subsection (c) and adding Subsection (j) to
�	read as follows:
�	��(c)��A search warrant may not be issued under Article
�	18.02(10) [~~pursuant to Subdivision (10) of Article 18.02 of this~~
�	~~code~~] unless the sworn affidavit required by Subsection (b) [of
�	~~this article~~] sets forth sufficient facts to establish probable
�	cause: (1) that a specific offense has been committed, (2) that the
�	specifically described property or items that are to be searched
�	for or seized constitute evidence of that offense or evidence that a
�	particular person committed that offense, and (3) that the property
�	or items constituting evidence to be searched for or seized are
�	located at or on the particular person, place, or thing to be
�	searched. Except as provided by Subsections (d), [~~and~~] (i), and (j)
�	[~~of this article~~], only a judge of a municipal court of record or a
�	county court who is an attorney licensed by the State of Texas, a
�	statutory county court judge, a district court judge, a judge of the
�	Court of Criminal Appeals, including the presiding judge, or a
�	justice of the Supreme Court of Texas, including the chief justice,
�	may issue warrants under Article 18.02(10) [~~pursuant to Subdivision~~
�	~~(10), Article 18.02 of this code~~].
�	��(j)��Any magistrate who is an attorney licensed by this state
�	may issue a search warrant under Article 18.02(10) to collect a
�	blood specimen from a person who:
�	��(1)��is arrested for an offense under Section 49.04,
�	49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; and
�	��(2)��refuses to submit to a breath or blood alcohol
�	test.
�	��SECTION�6.��Subsections (h) and (n), Section 13, Article
�	42.12, Code of Criminal Procedure, are amended to read as follows:
�	��(h)��If a person convicted of an offense under Sections
�	49.04-49.08, Penal Code, is placed on community supervision, the
�	judge shall require, as a condition of the community supervision,
�	that the defendant attend and successfully complete before the
�	181st day after the day community supervision is granted an
�	educational program jointly approved by the Texas Commission on
�	Alcohol and Drug Abuse, the Department of Public Safety, the
�	Traffic Safety Section of the Texas Department of Transportation,
�	and the community justice assistance division of the Texas
�	Department of Criminal Justice designed to rehabilitate persons who
�	have driven while intoxicated. The Texas Commission on Alcohol and
�	Drug Abuse shall publish the jointly approved rules and shall
�	monitor, coordinate, and provide training to persons providing the
�	educational programs. The Texas Commission on Alcohol and Drug
�	Abuse is responsible for the administration of the certification of
�	approved educational programs and may charge a nonrefundable
�	application fee for the initial certification of approval and for
�	renewal of a certificate. The judge may waive the educational
�	program requirement or may grant an extension of time to
�	successfully complete the program that expires not later than one
�	year after the beginning date of the person's community
�	supervision, however, if the defendant by a motion in writing shows
�	good cause. In determining good cause, the judge may consider but
�	is not limited to: the defendant's school and work schedule, the
�	defendant's health, the distance that the defendant must travel to
�	attend an educational program, and the fact that the defendant
�	resides out of state, has no valid driver's license, or does not
�	have access to transportation. The judge shall set out the finding
�	of good cause for waiver in the judgment. If a defendant is
�	required, as a condition of community supervision, to attend an
�	educational program or if the court waives the educational program
�	requirement, the court clerk shall immediately report that fact to
�	the Department of Public Safety, on a form prescribed by the
�	department, for inclusion in the person's driving record. If the
�	court grants an extension of time in which the person may complete
�	the program, the court clerk shall immediately report that fact to
�	the Department of Public Safety on a form prescribed by the
�	department. The report must include the beginning date of the
�	person's community supervision. Upon the person's successful
�	completion of the educational program, the person's instructor
�	shall give notice to the Department of Public Safety for inclusion
�	in the person's driving record and to the community supervision and
�	corrections department. The community supervision and corrections
�	department shall then forward the notice to the court clerk for
�	filing. If the Department of Public Safety does not receive notice
�	that a defendant required to complete an educational program has
�	successfully completed the program within the period required by
�	this section, as shown on department records, the department shall
�	revoke the defendant's driver's license, permit, or privilege or
�	prohibit the person from obtaining a license or permit, as provided
�	by Sections 521.344(e) and (f), Transportation Code. The
�	Department of Public Safety may not reinstate a license suspended
�	under this subsection unless the person whose license was suspended
�	makes application to the department for reinstatement of the
�	person's license and pays to the department a reinstatement fee of
�	$100 [~~$50~~]. The Department of Public Safety shall remit all fees
�	collected under this subsection to the comptroller for deposit in
�	the general revenue fund. This subsection does not apply to a
�	defendant if a jury recommends community supervision for the
�	defendant and also recommends that the defendant's driver's license
�	not be suspended.
�	��(n)��Notwithstanding any other provision of this section or
�	other law, the judge who places on community supervision a
�	defendant who was [is] younger than 21 years of age at the time of
�	the offense and was convicted for an offense under Sections
�	49.04-49.08, Penal Code, shall:
�	��(1)��order that the defendant's driver's license be
�	suspended for 90 days beginning on the date that the person is
�	placed on community supervision; and
�	��(2)��require as a condition of community supervision
�	that the defendant not operate a motor vehicle unless the vehicle is
�	equipped with the device described by Subsection (i) of this
�	section.
�	��SECTION�7.��Section 521.341, Transportation Code, is amended
�	to read as follows:
�	��Sec.�521.341.��REQUIREMENTS FOR AUTOMATIC LICENSE
�	SUSPENSION.��Except as provided by Sections 521.344(d)-(i), a
�	license is automatically suspended on final conviction of the
�	license holder of:
�	��(1)��an offense under Section 19.05, Penal Code,
�	committed as a result of the holder's criminally negligent
�	operation of a motor vehicle;
�	��(2)��an offense under Section 38.04, Penal Code, if the
�	holder used a motor vehicle in the commission of the offense;
�	��(3)��an offense under Section 49.04, 49.045, or 49.08,
�	Penal Code;
�	��(4)��an offense under Section 49.07, Penal Code, if the
�	holder used a motor vehicle in the commission of the offense;
�	��(5)��an offense punishable as a felony under the motor
�	vehicle laws of this state;
�	��(6)��an offense under Section 550.021;
�	��(7)��an offense under Section 521.451 or 521.453; or
�	��(8)��an offense under Section 19.04, Penal Code, if the
�	holder used a motor vehicle in the commission of the offense.
�	��SECTION�8.��Subsections (a) and (b), Section 521.342,
�	Transportation Code, are amended to read as follows:
�	��(a)��Except as provided by Section 521.344, the license of a
�	person who was under 21 years of age at the time of the offense,
�	other than an offense classified as a misdemeanor punishable by
�	fine only, is automatically suspended on conviction of:
�	��(1)��an offense under Section 49.04, 49.045, or 49.07,
�	Penal Code, committed as a result of the introduction of alcohol
�	into the body;
�	��(2)��an offense under the Alcoholic Beverage Code,
�	other than an offense to which Section 106.071 of that code applies,
�	involving the manufacture, delivery, possession, transportation,
�	or use of an alcoholic beverage;
�	��(3)��a misdemeanor offense under Chapter 481, Health
�	and Safety Code, for which Subchapter P does not require the
�	automatic suspension of the license;
�	��(4)��an offense under Chapter 483, Health and Safety
�	Code, involving the manufacture, delivery, possession,
�	transportation, or use of a dangerous drug; or
�	��(5)��an offense under Chapter 485, Health and Safety
�	Code, involving the manufacture, delivery, possession,
�	transportation, or use of an abusable volatile chemical.
�	��(b)��The department shall suspend for one year the license of
�	a person who is under 21 years of age and is convicted of an offense
�	under Section 49.04, 49.045, 49.07, or 49.08, Penal Code,
�	regardless of whether the person is required to attend an
�	educational program under Section 13(h), Article 42.12, Code of
�	Criminal Procedure, that is designed to rehabilitate persons who
�	have operated motor vehicles while intoxicated, unless the person
�	is placed under community supervision under that article and is
�	required as a condition of the community supervision to not operate
�	a motor vehicle unless the vehicle is equipped with the device
�	described by Section 13(i) of that article. If the person is
�	required to attend such a program and does not complete the program
�	before the end of the person's suspension, the department shall
�	suspend the person's license or continue the suspension, as
�	appropriate, until the department receives proof that the person
�	has successfully completed the program. On the person's successful
�	completion of the program, the person's instructor shall give
�	notice to the department and to the community supervision and
�	corrections department in the manner provided by Section 13(h),
�	Article 42.12, Code of Criminal Procedure.
�	��SECTION�9.��Subsections (a), (c), and (i), Section 521.344,
�	Transportation Code, are amended to read as follows:
�	��(a)��Except as provided by Sections 521.342(b) and 521.345,
�	and by Subsections (d)-(i), if a person is convicted of an offense
�	under Section 49.04, 49.045, or 49.07, Penal Code, the license
�	suspension:
�	��(1)��begins on a date set by the court that is not
�	earlier than the date of the conviction or later than the 30th day
�	after the date of the conviction, as determined by the court; and
�	��(2)��continues for a period set by the court according
�	to the following schedule:
�	��(A)��not less than 90 days or more than one year,
�	if the person is punished under Section 49.04, 49.045, or 49.07,
�	Penal Code, except that if the person's license is suspended for a
�	second or subsequent offense under Section 49.07 committed within
�	five years of the date on which the most recent preceding offense
�	was committed, the suspension continues for a period of one year;
�	��(B)��not less than 180 days or more than two years,
�	if the person is punished under Section 49.09(a) or (b), Penal Code;
�	or
�	��(C)��not less than one year or more than two years,
�	if the person is punished under Section 49.09(a) or (b), Penal Code,
�	and is subject to Section 49.09(h) of that code.
�	��(c)��The court shall credit toward the period of suspension a
�	suspension imposed on the person for refusal to give a specimen
�	under Chapter 724 if the refusal followed an arrest for the same
�	offense for which the court is suspending the person's license
�	under this chapter. The court may not extend the credit to a
�	person:
�	��(1)��who has been previously convicted of an offense
�	under Section 49.04, 49.045, 49.07, or 49.08, Penal Code; or
�	��(2)��whose period of suspension is governed by Section
�	521.342(b).
�	��(i)��On the date that a suspension order under Section
�	521.343(c) is to expire, the period of suspension or the
�	corresponding period in which the department is prohibited from
�	issuing a license is automatically increased to two years unless
�	the department receives notice of successful completion of the
�	educational program as required by Section 13, Article 42.12, Code
�	of Criminal Procedure. At the time a person is convicted of an
�	offense under Section 49.04 or 49.045, Penal Code, the court shall
�	warn the person of the effect of this subsection. On the person's
�	successful completion of the program, the person's instructor shall
�	give notice to the department and to the community supervision and
�	corrections department in the manner required by Section 13,
�	Article 42.12, Code of Criminal Procedure. If the department
�	receives proof of completion after a period has been extended under
�	this subsection, the department shall immediately end the
�	suspension or prohibition.
�	��SECTION�10.��Subdivision (3), Section 524.001,
�	Transportation Code, is amended to read as follows:
�	��(3)��"Alcohol-related or drug-related enforcement
�	contact" means a driver's license suspension, disqualification, or
�	prohibition order under the laws of this state or another state
�	resulting from:
�	��(A)��a conviction of an offense prohibiting the
�	operation of a motor vehicle or watercraft while:
�	��(i)��intoxicated;
�	��(ii)��under the influence of alcohol; or
�	��(iii)��under the influence of a controlled
�	substance;
�	��(B)��a refusal to submit to the taking of a breath
�	or blood specimen following an arrest for an offense prohibiting
�	the operation of a motor vehicle or an offense prohibiting the
�	operation of a watercraft, if the watercraft was powered with an
�	engine having a manufacturer's rating of 50 horsepower or more,
�	while:
�	��(i)��intoxicated;
�	��(ii)��under the influence of alcohol; or
�	��(iii)��under the influence of a controlled
�	substance; or
�	��(C)��an analysis of a breath or blood specimen
�	showing an alcohol concentration of a level specified by Section
�	49.01, Penal Code, following an arrest for an offense prohibiting
�	the operation of a motor vehicle or watercraft while intoxicated.
�	��SECTION�11.��Subsection (a), Section 524.011,
�	Transportation Code, is amended to read as follows:
�	��(a)��An officer arresting a person shall comply with
�	Subsection (b) if:
�	��(1)��the person is arrested for an offense under
�	Section 49.04, 49.045, or 49.06, Penal Code, or an offense under
�	Section 49.07 or 49.08 of that code involving the operation of a
�	motor vehicle or watercraft, submits to the taking of a specimen of
�	breath or blood and an analysis of the specimen shows the person had
�	an alcohol concentration of a level specified by Section
�	49.01(2)(B), Penal Code; or
�	��(2)��the person is a minor arrested for an offense under
�	Section 106.041, Alcoholic Beverage Code, or Section 49.04, 49.045,
�	or 49.06, Penal Code, or an offense under Section 49.07 or 49.08,
�	Penal Code, involving the operation of a motor vehicle or
�	watercraft and:
�	��(A)��the minor is not requested to submit to the
�	taking of a specimen; or
�	��(B)��the minor submits to the taking of a specimen
�	and an analysis of the specimen shows that the minor had an alcohol
�	concentration of greater than .00 but less than the level specified
�	by Section 49.01(2)(B), Penal Code.
�	��SECTION�12.��Subsection (b), Section 524.012,
�	Transportation Code, is amended to read as follows:
�	��(b)��The department shall suspend the person's driver's
�	license if the department determines that:
�	��(1)��the person had an alcohol concentration of a level
�	specified by Section 49.01(2)(B), Penal Code, while operating a
�	motor vehicle in a public place or while operating a watercraft; or
�	��(2)��the person was [is] a minor on the date that the
�	breath or blood specimen was obtained and had any detectable amount
�	of alcohol in the minor's system while operating a motor vehicle in
�	a public place or while operating a watercraft.
�	��SECTION�13.��Subsection (b), Section 524.015,
�	Transportation Code, is amended to read as follows:
�	��(b)��A suspension may not be imposed under this chapter on a
�	person who is acquitted of a criminal charge under Section 49.04,
�	49.045, 49.06, 49.07, or 49.08, Penal Code, or Section 106.041,
�	Alcoholic Beverage Code, arising from the occurrence that was the
�	basis for the suspension. If a suspension was imposed before the
�	acquittal, the department shall rescind the suspension and shall
�	remove any reference to the suspension from the person's
�	computerized driving record.
�	��SECTION�14.��Subsection (b), Section 524.022,
�	Transportation Code, is amended to read as follows:
�	��(b)��A period of suspension under this chapter for a minor
�	is:
�	��(1)��60 days if the minor has not been previously
�	convicted of an offense under Section 106.041, Alcoholic Beverage
�	Code, or Section 49.04, 49.045, or 49.06, Penal Code, or an offense
�	under Section 49.07 or 49.08, Penal Code, involving the operation
�	of a motor vehicle or a watercraft;
�	��(2)��120 days if the minor has been previously
�	convicted once of an offense listed by Subdivision (1); or
�	��(3)��180 days if the minor has been previously
�	convicted twice or more of an offense listed by Subdivision (1).
�	��SECTION�15.��Section 524.023, Transportation Code, is
�	amended to read as follows:
�	��Sec.�524.023.��APPLICATION OF SUSPENSION UNDER OTHER LAWS.
�	(a)��If a person is convicted of an offense under Section 106.041,
�	Alcoholic Beverage Code, or Section 49.04, 49.045, 49.06, 49.07, or
�	49.08, Penal Code, and if any conduct on which that conviction is
�	based is a ground for a driver's license suspension under this
�	chapter and Section 106.041, Alcoholic Beverage Code, Subchapter O,
�	Chapter 521, or Subchapter H, Chapter 522, each of the suspensions
�	shall be imposed.
�	��(b)��The court imposing a driver's license suspension under
�	Section 106.041, Alcoholic Beverage Code, or Chapter 521 or 522 as
�	required by Subsection (a) shall credit a period of suspension
�	imposed under this chapter toward the period of suspension required
�	under Section 106.041, Alcoholic Beverage Code, or Subchapter O,
�	Chapter 521, or Subchapter H, Chapter 522, unless the person was
�	convicted of an offense under Article 6701l-1, Revised Statutes, as
�	that law existed before September 1, 1994, Section 19.05(a)(2),
�	Penal Code, as that law existed before September 1, 1994, Section
�	49.04, 49.045, 49.06, 49.07, or 49.08, Penal Code, or Section
�	106.041, Alcoholic Beverage Code, before the date of the conviction
�	on which the suspension is based, in which event credit may not be
�	given.
�	��SECTION�16.��Subsections (a) and (d), Section 524.035,
�	Transportation Code, are amended to read as follows:
�	��(a)��The issues that must be proved at a hearing by a
�	preponderance of the evidence are:
�	��(1)��whether:
�	��(A)��the person had an alcohol concentration of a
�	level specified by Section 49.01(2)(B), Penal Code, while operating
�	a motor vehicle in a public place or while operating a watercraft;
�	or
�	��(B)��the person was [is] a minor on the date that
�	the breath or blood specimen was obtained and had any detectable
�	amount of alcohol in the minor's system while operating a motor
�	vehicle in a public place or while operating a watercraft; and
�	��(2)��whether reasonable suspicion to stop or probable
�	cause to arrest the person existed.
�	��(d)��An administrative law judge may not find in the
�	affirmative on the issue in Subsection (a)(1) if:
�	��(1)��the person is an adult and the analysis of the
�	person's breath or blood determined that the person had an alcohol
�	concentration of a level below that specified by Section 49.01,
�	Penal Code, at the time the specimen was taken; or
�	��(2)��the person was [is] a minor on the date that the
�	breath or blood specimen was obtained and the administrative law
�	judge does not find that the minor had any detectable amount of
�	alcohol in the minor's system when the minor was arrested.
�	��SECTION�17.��Subsection (a), Section 524.042,
�	Transportation Code, is amended to read as follows:
�	��(a)��A suspension of a driver's license under this chapter is
�	stayed on the filing of an appeal petition only if:
�	��(1)��the person's driver's license has not been
�	suspended as a result of an alcohol-related or drug-related
�	enforcement contact during the five years preceding the date of the
�	person's arrest; and
�	��(2)��the person has not been convicted during the 10
�	years preceding the date of the person's arrest of an offense under:
�	��(A)��Article 6701l-1, Revised Statutes, as that
�	law existed before September 1, 1994;
�	��(B)��Section 19.05(a)(2), Penal Code, as that law
�	existed before September 1, 1994;
�	��(C)��Section 49.04, 49.045, or 49.06, Penal Code;
�	��(D)��Section 49.07 or 49.08, Penal Code, if the
�	offense involved the operation of a motor vehicle or a watercraft;
�	or
�	��(E)��Section 106.041, Alcoholic Beverage Code.
�	��SECTION�18.��Subsections (b) and (d), Section 724.012,
�	Transportation Code, are amended to read as follows:
�	��(b)��A peace officer shall require the taking of a specimen
�	of the person's breath or blood under any of the following
�	circumstances if[:
�	��[~~(1)~~]��the officer arrests the person for an offense
�	under Chapter 49, Penal Code, involving the operation of a motor
�	vehicle or a watercraft and the person refuses the officer's
�	request to submit to the taking of a specimen voluntarily:[;]
�	��(1) [~~(2)~~]��the person was the operator of a motor
�	vehicle or a watercraft involved in an accident that the officer
�	reasonably believes occurred as a result of the offense and,[;
�	��[~~(3)~~]��at the time of the arrest, the officer
�	reasonably believes that as a direct result of the accident:
�	��(A)��any individual has died or will die; [or]
�	��(B)��an individual other than the person has
�	suffered serious bodily injury; or
�	��(C)��an individual other than the person has
�	suffered bodily injury and been transported to a hospital or other
�	medical facility for medical treatment;
�	��(2)��the offense for which the officer arrests the
�	person is an offense under Section 49.045, Penal Code; or
�	��(3)��at the time of the arrest, the officer possesses or
�	receives reliable information from a credible source that the
�	person:
�	��(A)��has been previously convicted of or placed on
�	community supervision for an offense under Section 49.045, 49.07,
�	or 49.08, Penal Code, or an offense under the laws of another state
�	containing elements substantially similar to the elements of an
�	offense under those sections; or
�	��(B)��on two or more occasions, has been previously
�	convicted of or placed on community supervision for an offense
�	under Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or an
�	offense under the laws of another state containing elements
�	substantially similar to the elements of an offense under those
�	sections [~~and~~
�	��[~~(4)~~ � � ~~the person refuses the officer's request to~~
�	~~submit to the taking of a specimen voluntarily~~].
�	��(d)��In this section, "bodily injury" and "serious bodily
�	injury" have [~~has~~] the meanings [~~meaning~~] assigned by Section 1.07,
�	Penal Code.
�	��SECTION�19.��Section 724.017, Transportation Code, is
�	amended by amending Subsection (b) and adding Subsection (d) to
�	read as follows:
�	��(b)��If the blood specimen was taken according to recognized
�	medical procedures, the [~~The~~] person who takes the blood specimen
�	under this chapter, the facility that employs the person who takes
�	the blood specimen, or the hospital where the blood specimen is
�	taken[,] is immune from civil liability [~~not liable~~] for damages
�	arising from the taking of the blood specimen at the request or
�	order of the peace officer or pursuant to a search warrant [~~to take~~
�	~~the blood specimen~~] as provided by this chapter and is not subject
�	to discipline by any licensing or accrediting agency or body [~~if the~~
�	~~blood specimen was taken according to recognized medical~~
�	~~procedures~~]. This subsection does not relieve a person from
�	liability for negligence in the taking of a blood specimen. The
�	taking of a specimen from a person who objects to the taking of the
�	specimen or who is resisting the taking of the specimen does not in
�	itself constitute negligence and may not be considered evidence of
�	negligence.
�	��(d)��A person whose blood specimen is taken under this
�	chapter in a hospital is not considered to be present in the
�	hospital for medical screening or treatment unless the appropriate
�	hospital personnel determine that medical screening or treatment is
�	required for proper medical care of the person.
�	��SECTION�20.��(a)��The change in law to Article 18.01, Code of
�	Criminal Procedure, applies only to a search warrant issued on or
�	after the effective date of this Act. A search warrant issued
�	before the effective date of this Act is governed by the law in
�	effect on the date the warrant was issued, and the former law is
�	continued in effect for that purpose.
�	��(b)��The changes in law to Chapters 521 and 524 and Section
�	724.012, Transportation Code, and Section 13, Article 42.12, Code
�	of Criminal Procedure, apply only to an offense committed on or
�	after the effective date of this Act. An offense committed before
�	the effective date of this Act is covered by the law in effect when
�	the offense was committed, and the former law is continued in effect
�	for that purpose. For purposes of this section, an offense was
�	committed before the effective date of this Act if any element of
�	the offense was committed before that date.
�	��SECTION�21.��This Act takes effect September 1, 2009.
�
�
�
�
�
�
�	______________________________	______________________________
�	��President of the Senate	Speaker of the House��
�
�	��I hereby certify that S.B.�No.�328 passed the Senate on
�	March�19,�2009, by the following vote:��Yeas�31, Nays�0;
�	May�28,�2009, Senate refused to concur in House amendments and
�	requested appointment of Conference Committee; May�29,�2009, House
�	granted request of the Senate; May 31, 2009, Senate adopted
�	Conference Committee Report by the following vote:��Yeas�29,
�	Nays�2.
�
�
�	______________________________
�	Secretary of the Senate��
�
�	��I hereby certify that S.B.�No.�328 passed the House, with
�	amendments, on May�19,�2009, by the following vote:��Yeas�140,
�	Nays�1, three present not voting; May�29,�2009, House granted
�	request of the Senate for appointment of Conference Committee;
�	May�31,�2009, House adopted Conference Committee Report by the
�	following vote:��Yeas�145, Nays�0, one present not voting.
�
�
�	______________________________
�	Chief Clerk of the House��
�
�
�
�	Approved:
�
�	______________________________�
�	��Date
�
�
�	______________________________�
�	��Governor