Bill Text: TX HB2205 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the State Board for Educator Certification, educator preparation programs, educator certification, issuance of certain teaching permits, and certain procedures for investigating educator misconduct.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2015-06-18 - Effective on 9/1/15 [HB2205 Detail]
Download: Texas-2015-HB2205-Enrolled.html
H.B. No. 2205 |
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relating to the State Board for Educator Certification, educator | ||
preparation programs, educator certification, issuance of certain | ||
teaching permits, and certain procedures for investigating | ||
educator misconduct. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 21.033(a), Education Code, is amended to | ||
read as follows: | ||
(a) The State Board for Educator Certification is composed | ||
of 15 [ |
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employee of the agency to represent the commissioner as a nonvoting | ||
member. The commissioner of higher education shall appoint an | ||
employee of the Texas Higher Education Coordinating Board to | ||
represent the commissioner as a nonvoting member. The governor | ||
shall appoint two nonvoting members. The governor shall appoint a | ||
dean of a college of education in this state as one of the [ |
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nonvoting members [ |
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has experience working for and knowledge of an alternative educator | ||
preparation program and who is not affiliated with an institution | ||
of higher education as one of the nonvoting members. The remaining | ||
11 members are appointed by the governor with the advice and consent | ||
of the senate, as follows: | ||
(1) four members must be teachers employed in public | ||
schools; | ||
(2) two members must be public school administrators; | ||
(3) one member must be a public school counselor; and | ||
(4) four members must be citizens, three of whom are | ||
not and have not, in the five years preceding appointment, been | ||
employed by a public school district or by an educator preparation | ||
program in an institution of higher education and one of whom is not | ||
and has not been employed by a public school district or by an | ||
educator preparation program in an institution of higher education. | ||
SECTION 2. Section 21.035, Education Code, is amended to | ||
read as follows: | ||
Sec. 21.035. DELEGATION AUTHORITY; ADMINISTRATION BY | ||
AGENCY. (a) The board is permitted to make a written delegation of | ||
authority to the commissioner or the agency to informally dispose | ||
of a contested case involving educator certification. | ||
(b) The agency [ |
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board's administrative functions and services. | ||
SECTION 3. Section 21.044(b), Education Code, is amended to | ||
read as follows: | ||
(b) Any minimum academic qualifications for a certificate | ||
specified under Subsection (a) that require a person to possess a | ||
bachelor's degree must also require that the person receive, as | ||
part of the training required to obtain that certificate | ||
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education of students with dyslexia. [ |
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SECTION 4. Section 21.0441, Education Code, is amended by | ||
amending Subsection (a) and adding Subsections (c) and (d) to read | ||
as follows: | ||
(a) Rules of the board proposed under this subchapter must | ||
provide that a person, other than a person seeking career and | ||
technology education certification, is not eligible for admission | ||
to an educator preparation program, including an alternative | ||
educator preparation program, unless the person: | ||
(1) except as provided by Subsection (b), satisfies | ||
the following minimum grade point average requirements [ |
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(A) an overall grade point average of at least | ||
2.50 [ |
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work previously attempted at a public or private institution of | ||
higher education; or | ||
(B) a grade point average of at least 2.50 [ |
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on a four-point scale or the equivalent for the last 60 semester | ||
credit hours attempted at a public or private institution of higher | ||
education; and | ||
(2) if the person is seeking initial certification: | ||
(A) has successfully completed at least: | ||
(i) 15 semester credit hours in the | ||
subject-specific content area in which the person is seeking | ||
certification, if the person is seeking certification to teach | ||
mathematics or science at or above grade level seven; or | ||
(ii) 12 semester credit hours in the | ||
subject-specific content area in which the person is seeking | ||
certification, if the person is not seeking certification to teach | ||
mathematics or science at or above grade level seven; or | ||
(B) has achieved a satisfactory level of | ||
performance on a content certification examination, which may be a | ||
content certification examination administered by a vendor | ||
approved by the commissioner for purposes of administering such an | ||
examination for the year for which the person is applying for | ||
admission to the program. | ||
(c) The overall grade point average of each incoming class | ||
admitted by an educator preparation program, including an | ||
alternative educator preparation program, may not be less than 3.00 | ||
on a four-point scale or the equivalent or a higher overall grade | ||
point average prescribed by the board. In computing the overall | ||
grade point average of an incoming class for purposes of this | ||
subsection, a program may: | ||
(1) include the grade point average of each person in | ||
the incoming class based on all course work previously attempted by | ||
the person at a public or private institution of higher education; | ||
or | ||
(2) include the grade point average of each person in | ||
the incoming class based only on the last 60 semester credit hours | ||
attempted by the person at a public or private institution of higher | ||
education. | ||
(d) A person seeking career and technology education | ||
certification is not included in determining the overall grade | ||
point average of an incoming class under Subsection (c). | ||
SECTION 5. Subchapter B, Chapter 21, Education Code, is | ||
amended by adding Section 21.0443 to read as follows: | ||
Sec. 21.0443. EDUCATOR PREPARATION PROGRAM APPROVAL AND | ||
RENEWAL. (a) The board shall propose rules to establish standards | ||
to govern the approval or renewal of approval of: | ||
(1) educator preparation programs; and | ||
(2) certification fields authorized to be offered by | ||
an educator preparation program. | ||
(b) To be eligible for approval or renewal of approval, an | ||
educator preparation program must adequately prepare candidates | ||
for educator certification and meet the standards and requirements | ||
of the board. | ||
(c) The board shall require that each educator preparation | ||
program be reviewed for renewal of approval at least every five | ||
years. The board shall adopt an evaluation process to be used in | ||
reviewing an educator preparation program for renewal of approval. | ||
SECTION 6. Section 21.045, Education Code, is amended to | ||
read as follows: | ||
Sec. 21.045. ACCOUNTABILITY SYSTEM FOR EDUCATOR | ||
PREPARATION PROGRAMS. (a) The board shall propose rules necessary | ||
to establish [ |
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continuing accountability of all educator preparation programs | ||
based on the following information that is disaggregated with | ||
respect to race, sex, and ethnicity: | ||
(1) results of the certification examinations | ||
prescribed under Section 21.048(a); | ||
(2) performance based on the appraisal system for | ||
beginning teachers adopted by the board; | ||
(3) achievement, including improvement in | ||
achievement, of students taught by beginning teachers for the first | ||
three years following certification, to the extent practicable; | ||
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(4) compliance with board requirements regarding the | ||
frequency, duration, and quality of structural guidance and ongoing | ||
support provided by field supervisors to candidates completing | ||
student teaching, clinical teaching, or an internship; and | ||
(5) results from a teacher satisfaction survey, | ||
developed by the board with stakeholder input, of new teachers | ||
performed at the end of the teacher's first year of teaching | ||
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(b) Each educator preparation program shall submit data | ||
elements as required by the board for an annual performance report | ||
to ensure access and equity. At a minimum, the annual report must | ||
contain: | ||
(1) the performance data from Subsection (a), other | ||
than the data required for purposes of Subsection (a)(3); | ||
(2) data related to the program's compliance with | ||
requirements for field supervision of candidates during their | ||
clinical teaching and internship experiences; | ||
(3) [ |
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by race, sex, and ethnicity: | ||
(A) [ |
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(B) [ |
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(C) [ |
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(D) [ |
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the program; | ||
(E) [ |
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beginning teachers under standard teaching certificates by not | ||
later than the first anniversary of [ |
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completing the program; | ||
(F) the amount of time required by candidates | ||
employed as beginning teachers under probationary teaching | ||
certificates to be issued standard teaching certificates; | ||
(G) [ |
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the profession; and | ||
(H) [ |
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federal law; | ||
(4) the ratio of field supervisors to candidates | ||
completing student teaching, clinical teaching, or an internship; | ||
and | ||
(5) any other information necessary to enable the | ||
board to assess the effectiveness of the program on the basis of | ||
teacher retention and success criteria adopted by the board. | ||
(c) The board shall propose rules necessary to establish | ||
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for Educator Preparation for accrediting educator preparation | ||
programs. At a minimum, performance standards must be based on | ||
Subsection (a). [ |
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SECTION 7. Sections 21.0451(a), (c), and (d), Education | ||
Code, are amended to read as follows: | ||
(a) The board shall propose rules necessary for the sanction | ||
of educator preparation programs that do not meet accountability | ||
standards or comply with state law or rules and shall at least | ||
annually review the accreditation status of each educator | ||
preparation program. The rules: | ||
(1) shall provide for the assignment of the following | ||
accreditation statuses: | ||
(A) not rated; | ||
(B) accredited; | ||
(C) accredited-warned; | ||
(D) accredited-probation; and | ||
(E) not accredited-revoked; | ||
(2) may provide for the agency to take any necessary | ||
action, including one or more of the following actions: | ||
(A) requiring the program to obtain technical | ||
assistance approved by the agency or board; | ||
(B) requiring the program to obtain professional | ||
services under contract with another person; | ||
(C) appointing a monitor to participate in and | ||
report to the board on the activities of the program; and | ||
(D) if a program has been rated as | ||
accredited-probation under the Accountability System for Educator | ||
Preparation for a period of at least one year, revoking the approval | ||
of the program and ordering the program to be closed, provided that | ||
the board or agency has provided [ |
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a contested case hearing [ |
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(3) shall provide for the agency to revoke the | ||
approval of the program and order the program to be closed if the | ||
program has been rated as accredited-probation under the | ||
Accountability System for Educator Preparation for three | ||
consecutive years, provided that the board or agency has provided | ||
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(4) shall provide the board procedure for changing the | ||
accreditation status of a program that: | ||
(A) does not meet the accreditation standards | ||
established under Section 21.045(a); or | ||
(B) violates a board or agency regulation [ |
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(c) A [ |
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a period of at least two years. After two years, the program may | ||
seek renewed approval to prepare educators for state certification. | ||
(d) The costs of technical assistance required under | ||
Subsection (a)(2)(A) or the costs associated with the appointment | ||
of a monitor under Subsection (a)(2)(C) shall be paid by the | ||
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SECTION 8. Sections 21.0452(b), (c), and (d), Education | ||
Code, are amended to read as follows: | ||
(b) The board shall make available at least the following | ||
information regarding each educator preparation program: | ||
(1) the information specified in Sections 21.045(a) | ||
and (b); | ||
(2) in addition to any other appropriate information | ||
indicating the quality of persons admitted to the program, the | ||
average academic qualifications possessed by persons admitted to | ||
the program, including: | ||
(A) average overall grade point average and | ||
average grade point average in specific subject areas; and | ||
(B) average scores on the Scholastic Assessment | ||
Test (SAT), the American College Test (ACT), or the Graduate Record | ||
Examination (GRE), as applicable; | ||
(3) the degree to which persons who complete the | ||
program are successful in obtaining teaching positions; | ||
(4) the extent to which the program prepares teachers, | ||
including general education teachers and special education | ||
teachers, to effectively teach: | ||
(A) students with disabilities; and | ||
(B) students of limited English proficiency, as | ||
defined by Section 29.052; | ||
(5) the activities offered by the program that are | ||
designed to prepare teachers to: | ||
(A) integrate technology effectively into | ||
curricula and instruction, including activities consistent with | ||
the principles of universal design for learning; and | ||
(B) use technology effectively to collect, | ||
manage, and analyze data to improve teaching and learning for the | ||
purpose of increasing student academic achievement; | ||
(6) for each semester, the average ratio of field | ||
supervisors to candidates completing student teaching, clinical | ||
teaching, or an internship in an educator preparation program; | ||
(7) the percentage of teachers employed under a | ||
standard teaching certificate within one year of completing the | ||
program; | ||
(8) the perseverance of beginning teachers in the | ||
profession, as determined on the basis of the number of beginning | ||
teachers who maintain status as active contributing members in the | ||
Teacher Retirement System of Texas for at least three years after | ||
certification in comparison to similar programs; | ||
(9) [ |
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participants on completion of the program that involve evaluation | ||
of the program's effectiveness in preparing participants to succeed | ||
in the classroom; [ |
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(10) [ |
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principals that involve evaluation of the program's effectiveness | ||
in preparing participants to succeed in the classroom, based on | ||
experience with employed program participants; and | ||
(11) the results of teacher satisfaction surveys | ||
developed under Section 21.045 and given to program participants at | ||
the end of the first year of teaching. | ||
(c) For purposes of Subsection (b)(9) [ |
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shall require an educator preparation program to distribute an exit | ||
survey that a program participant must complete before the | ||
participant is eligible to receive a certificate under this | ||
subchapter. | ||
(d) For purposes of Subsections (b)(9) [ |
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participants and school principals. | ||
SECTION 9. Subchapter B, Chapter 21, Education Code, is | ||
amended by adding Sections 21.0454 and 21.0455 to read as follows: | ||
Sec. 21.0454. RISK FACTORS FOR EDUCATOR PREPARATION | ||
PROGRAMS; RISK-ASSESSMENT MODEL. (a) The board shall propose | ||
rules necessary to develop a set of risk factors to use in assessing | ||
the overall risk level of each educator preparation program. The | ||
set of risk factors must include: | ||
(1) a history of the program's compliance with state | ||
law and board rules, standards, and procedures, with consideration | ||
given to: | ||
(A) the seriousness of any violation of a rule, | ||
standard or procedure; | ||
(B) whether the violation resulted in an action | ||
being taken against the program; | ||
(C) whether the violation was promptly remedied | ||
by the program; | ||
(D) the number of alleged violations; and | ||
(E) any other matter considered to be appropriate | ||
in evaluating the program's compliance history; and | ||
(2) whether the program meets the accountability | ||
standards under Section 21.045. | ||
(b) The set of risk factors developed by the board may | ||
include whether an educator preparation program is accredited by | ||
other organizations. | ||
(c) The board shall use the set of risk factors to guide the | ||
agency in conducting monitoring, inspections, and compliance | ||
audits of educator preparation programs, including evaluations | ||
associated with renewals under Section 21.0443. | ||
Sec. 21.0455. COMPLAINTS REGARDING EDUCATOR PREPARATION | ||
PROGRAMS. (a) The board shall propose rules necessary to establish | ||
a process for a candidate for teacher certification to direct a | ||
complaint against an educator preparation program to the agency. | ||
(b) The board by rule shall require an educator preparation | ||
program to notify candidates for teacher certification of the | ||
complaint process adopted under Subsection (a). The notice must | ||
include the name, mailing address, telephone number, and Internet | ||
website address of the agency for the purpose of directing | ||
complaints to the agency. The educator preparation program shall | ||
provide for that notification: | ||
(1) on the Internet website of the educator | ||
preparation program, if the program maintains a website; and | ||
(2) on a sign prominently displayed in program | ||
facilities. | ||
(c) The board shall post the complaint process adopted under | ||
Subsection (a) on the agency's Internet website. | ||
(d) The board has no authority to arbitrate or resolve | ||
contractual or commercial issues between an educator preparation | ||
program and a candidate for teacher certification. | ||
SECTION 10. Section 21.048(a), Education Code, as amended | ||
by Chapters 1282 (H.B. 2012) and 1292 (H.B. 2318), Acts of the 83rd | ||
Legislature, Regular Session, 2013, is reenacted and amended to | ||
read as follows: | ||
(a) The board shall propose rules prescribing comprehensive | ||
examinations for each class of certificate issued by the board. The | ||
commissioner [ |
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performance required for each certification examination. For the | ||
issuance of a generalist certificate, the commissioner [ |
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shall require a satisfactory level of examination performance in | ||
each core subject covered by the examination. | ||
SECTION 11. Section 21.048, Education Code, is amended by | ||
amending Subsections (a-1) and (c-1) and adding Subsection (a-2) to | ||
read as follows: | ||
(a-1) The board may not require that more than 45 days | ||
elapse before a person may retake an examination. A person may not | ||
retake an examination more than four times, unless the board waives | ||
the limitation for good cause as prescribed by the board. | ||
(a-2) For purposes of the limitation imposed by Subsection | ||
(a-1) on the number of administrations of an examination, a person | ||
who initially took an examination before September 1, 2015, may | ||
retake the examination up to four times after that date, regardless | ||
of the number of times that the person attempted to perform | ||
satisfactorily on the examination before that date. This | ||
subsection expires September 1, 2018. | ||
(c-1) The results of an examination administered under this | ||
section are confidential and are not subject to disclosure under | ||
Chapter 552, Government Code, unless[ |
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parent of the assignment of an uncertified teacher to a classroom as | ||
required by Section 21.057[ |
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SECTION 12. Section 21.055, Education Code, is amended by | ||
amending Subsection (b) and adding Subsection (d-1) to read as | ||
follows: | ||
(b) To be eligible for a school district teaching permit | ||
under this section, a person must hold a baccalaureate degree. | ||
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(d-1) Subsections (b), (c), and (d) do not apply to a person | ||
who will teach only noncore academic career and technical education | ||
courses. A school district board of trustees may issue a school | ||
district teaching permit to a person who will teach courses only in | ||
career and technical education based on qualifications certified by | ||
the superintendent of the school district. Qualifications must | ||
include demonstrated subject matter expertise such as professional | ||
work experience, formal training and education, holding an active | ||
professional relevant industry license, certification, or | ||
registration, or any combination of work experience, training and | ||
education, or industry license, certification, or registration, in | ||
the subject matter to be taught. The superintendent of the school | ||
district shall certify to the board of trustees that a new employee | ||
has undergone a criminal background check and is capable of proper | ||
classroom management. A school district shall require a new | ||
employee to obtain at least 20 hours of classroom management | ||
training and to comply with continuing education requirements as | ||
determined by the board of trustees. A person may teach a career | ||
and technical education course immediately upon issuance of a | ||
permit under this subsection. Promptly after employing a person | ||
who qualifies under this subsection, the board of trustees shall | ||
send to the commissioner a written statement identifying the | ||
person, the course the person will teach, and the person's | ||
qualifications to teach the course. | ||
SECTION 13. Subchapter B, Chapter 21, Education Code, is | ||
amended by adding Section 21.062 to read as follows: | ||
Sec. 21.062. ISSUANCE OF SUBPOENAS. (a) During an | ||
investigation by the commissioner of an educator for an alleged | ||
incident of misconduct, the commissioner may issue a subpoena to | ||
compel the production, for inspection or copying, of relevant | ||
evidence that is located in this state. | ||
(b) A subpoena may be served personally or by certified | ||
mail. | ||
(c) If a person fails to comply with a subpoena, the | ||
commissioner, acting through the attorney general, may file suit to | ||
enforce the subpoena in a district court in this state. On finding | ||
that good cause exists for issuing the subpoena, the court shall | ||
order the person to comply with the subpoena. The court may punish | ||
a person who fails to obey the court order. | ||
(d) All information and materials subpoenaed or compiled in | ||
connection with an investigation described by Subsection (a) are | ||
confidential and not subject to disclosure under Chapter 552, | ||
Government Code. | ||
(e) Except as provided by a protective order, and | ||
notwithstanding Subsection (d), all information and materials | ||
subpoenaed or compiled in connection with an investigation | ||
described by Subsection (a) may be used in a disciplinary | ||
proceeding against an educator based on an alleged incident of | ||
misconduct. | ||
SECTION 14. As soon as practicable after the effective date | ||
of this Act, the governor shall appoint as a nonvoting member of the | ||
State Board for Educator Certification a person who has experience | ||
working for and knowledge of an alternative educator preparation | ||
program and who is not affiliated with an institution of higher | ||
education, as required by Section 21.033(a), Education Code, as | ||
amended by this Act. | ||
SECTION 15. Not later than January 1, 2016, the State Board | ||
for Educator Certification shall develop criteria for evaluation of | ||
educator preparation programs based on teacher retention and | ||
success as required by Section 21.045(b)(5), Education Code, as | ||
added by this Act. The State Board for Educator Certification shall | ||
consult with the Texas Higher Education Coordinating Board and | ||
educator preparation programs in developing the criteria. The Texas | ||
Higher Education Coordinating Board shall participate and provide | ||
recommendations regarding the criteria. | ||
SECTION 16. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2205 was passed by the House on May | ||
15, 2015, by the following vote: Yeas 126, Nays 5, 1 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 2205 on May 29, 2015, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; and that the House adopted the conference committee report | ||
on H.B. No. 2205 on May 31, 2015, by the following vote: Yeas 125, | ||
Nays 16, 2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2205 was passed by the Senate, with | ||
amendments, on May 26, 2015, by the following vote: Yeas 28, Nays | ||
3; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; and | ||
that the Senate adopted the conference committee report on H.B. No. | ||
2205 on May 31, 2015, by the following vote: Yeas 19, Nays 12. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |