Bill Text: TX SB8 | 2011 | 82nd Legislature 1st Special | Enrolled
Bill Title: Relating to the flexibility of the board of trustees of a school district in the management and operation of public schools in the district.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Passed) 2011-07-19 - Effective on . . . . . . . . . . . . . . . [SB8 Detail]
Download: Texas-2011-SB8-Enrolled.html
S.B. No. 8 |
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relating to the flexibility of the board of trustees of a school | ||
district in the management and operation of public schools in the | ||
district. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 21.0031, Education Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsection (b-1) to | ||
read as follows: | ||
(a) An employee's probationary, continuing, or term | ||
contract under this chapter is void if the employee: | ||
(1) does not hold a valid certificate or permit issued | ||
by the State Board for Educator Certification; [ |
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(2) fails to fulfill the requirements necessary to | ||
renew or extend the employee's temporary, probationary, or | ||
emergency certificate or any other certificate or permit issued | ||
under Subchapter B; or | ||
(3) fails to comply with any requirement under | ||
Subchapter C, Chapter 22, if the failure results in suspension or | ||
revocation of the employee's certificate under Section | ||
22.0831(f)(2). | ||
(b) If a school district has knowledge that an [ |
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under Subsection (a): | ||
(1) the [ |
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Subsection (b-1): | ||
(A) terminate the employee; | ||
(B) suspend the employee with or without pay; or | ||
(C) retain the employee for the remainder of the | ||
school year on an at-will employment basis in a position other than | ||
a position required to be held by an employee under a contract under | ||
Section 21.002 [ |
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of pay or at a reduced rate; and | ||
(2) the employee is not entitled to the minimum salary | ||
prescribed by Section 21.402. | ||
(b-1) A school district may not terminate or suspend under | ||
Subsection (b) an employee whose contract is void under Subsection | ||
(a)(1) or (2) because the employee failed to renew or extend the | ||
employee's certificate or permit if the employee: | ||
(1) requests an extension from the State Board for | ||
Educator Certification to renew, extend, or otherwise validate the | ||
employee's certificate or permit; and | ||
(2) not later than the 10th day after the date the | ||
contract is void, takes necessary measures to renew, extend, or | ||
otherwise validate the employee's certificate or permit, as | ||
determined by the State Board for Educator Certification. | ||
SECTION 2. Section 21.051, Education Code, is amended to | ||
read as follows: | ||
Sec. 21.051. RULES REGARDING FIELD-BASED EXPERIENCE AND | ||
OPTIONS FOR FIELD EXPERIENCE AND INTERNSHIPS. (a) In this | ||
section, "teacher of record" means a person employed by a school | ||
district who teaches the majority of the instructional day in an | ||
academic instructional setting and is responsible for evaluating | ||
student achievement and assigning grades. | ||
(b) Before a school district may employ a candidate for | ||
certification as a teacher of record, the candidate must complete | ||
at least 15 hours of field-based experience in which the candidate | ||
is actively engaged in instructional or educational activities | ||
under supervision at: | ||
(1) a public school campus accredited or approved for | ||
the purpose by the agency; or | ||
(2) a private school recognized or approved for the | ||
purpose by the agency. | ||
(c) Subsection (b) applies only to an initial certification | ||
issued on or after September 1, 2012. Subsection (b) does not | ||
affect: | ||
(1) the validity of a certification issued before | ||
September 1, 2012; or | ||
(2) the eligibility of a person who holds a | ||
certification issued before September 1, 2012, to obtain a | ||
subsequent renewal of the certification in accordance with board | ||
rule. | ||
(d) Subsection (b) does not affect the period within which | ||
an individual must complete field-based experience hours as | ||
determined by board rule if the individual is not accepted into an | ||
educator preparation program before the deadline prescribed by | ||
board rule and is hired for a teaching assignment by a school | ||
district after the deadline prescribed by board rule. | ||
(e) The board shall propose rules relating to the | ||
field-based experience required by Subsection (b). The | ||
commissioner by rule shall adopt procedures and standards for | ||
recognizing a private school under Subsection (b)(2). | ||
(f) The board shall propose rules providing flexible | ||
options for persons for any field-based [ |
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internship required for certification. | ||
SECTION 3. Subsection (a), Section 21.103, Education Code, | ||
is amended to read as follows: | ||
(a) The board of trustees of a school district may terminate | ||
the employment of a teacher employed under a probationary contract | ||
at the end of the contract period if in the board's judgment the | ||
best interests of the district will be served by terminating the | ||
employment. The board of trustees must give notice of its decision | ||
to terminate the employment to the teacher not later than the 10th | ||
[ |
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contract. The notice must be delivered personally by hand delivery | ||
to the teacher on the campus at which the teacher is employed, | ||
except that if the teacher is not present on the campus on the date | ||
that hand delivery is attempted, the notice must be mailed by | ||
prepaid certified mail or delivered by express delivery service to | ||
the teacher's address of record with the district. Notice that is | ||
postmarked on or before the 10th day before the last day of | ||
instruction is considered timely given under this subsection. The | ||
board's decision is final and may not be appealed. | ||
SECTION 4. Subsection (b), Section 21.104, Education Code, | ||
is amended to read as follows: | ||
(b) In lieu of discharge or pending discharge, a school | ||
district may suspend a teacher without pay for good cause as | ||
specified by Subsection (a) for a period not to extend beyond the | ||
end of the current school year. | ||
SECTION 5. Subchapter C, Chapter 21, Education Code, is | ||
amended by adding Section 21.1041 to read as follows: | ||
Sec. 21.1041. HEARING UNDER PROBATIONARY CONTRACT. A | ||
teacher is entitled to: | ||
(1) a hearing as provided by Subchapter F, if the | ||
teacher is protesting proposed action under Section 21.104; or | ||
(2) a hearing in a manner provided under Section | ||
21.207 for nonrenewal of a term contract or a hearing provided by | ||
Subchapter F, as determined by the board of trustees of the | ||
district, if the teacher is protesting proposed action to terminate | ||
a probationary contract before the end of the contract period on the | ||
basis of a financial exigency declared under Section 44.011 that | ||
requires a reduction in personnel. | ||
SECTION 6. Subsection (b), Section 21.156, Education Code, | ||
is amended to read as follows: | ||
(b) In lieu of discharge or pending discharge, a school | ||
district may suspend a teacher without pay for good cause as | ||
specified by Subsection (a) for a period not to extend beyond the | ||
end of the current school year. | ||
SECTION 7. Section 21.157, Education Code, is amended to | ||
read as follows: | ||
Sec. 21.157. NECESSARY REDUCTION OF PERSONNEL. A teacher | ||
employed under a continuing contract may be released at the end of a | ||
school year and the teacher's employment with the school district | ||
terminated at that time because of a necessary reduction of | ||
personnel by the school district, with those reductions made | ||
primarily based upon teacher appraisals administered under Section | ||
21.352 [ |
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fields and other criteria as determined by the board. | ||
SECTION 8. Subsection (b), Section 21.159, Education Code, | ||
is amended to read as follows: | ||
(b) A teacher who notifies the board of trustees within the | ||
time prescribed by Subsection (a) is entitled to: | ||
(1) a hearing as provided by Subchapter F, if the | ||
teacher is protesting proposed action under Section 21.156; or | ||
(2) a hearing in a manner provided under Section | ||
21.207 for nonrenewal of a term contract or a hearing provided by | ||
Subchapter F, as determined by the board, if the teacher is | ||
protesting proposed action under Section 21.157 or proposed action | ||
to terminate a term contract at any time on the basis of a financial | ||
exigency declared under Section 44.011 that requires a reduction in | ||
personnel. | ||
SECTION 9. Subsection (a), Section 21.206, Education Code, | ||
is amended to read as follows: | ||
(a) Not later than the 10th [ |
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instruction in a school year, the board of trustees shall notify in | ||
writing each teacher whose contract is about to expire whether the | ||
board proposes to renew or not renew the contract. The notice must | ||
be delivered personally by hand delivery to the teacher on the | ||
campus at which the teacher is employed, except that if the teacher | ||
is not present on the campus on the date that hand delivery is | ||
attempted, the notice must be mailed by prepaid certified mail or | ||
delivered by express delivery service to the teacher's address of | ||
record with the district. Notice that is postmarked on or before | ||
the 10th day before the last day of instruction is considered timely | ||
given under this subsection. | ||
SECTION 10. Section 21.207, Education Code, is amended by | ||
amending Subsections (a) and (c) and adding Subsection (b-1) to | ||
read as follows: | ||
(a) If the teacher desires a hearing after receiving notice | ||
of the proposed nonrenewal, the teacher shall notify the board of | ||
trustees in writing not later than the 15th day after the date the | ||
teacher receives hand delivery of the notice of the proposed | ||
action, or if the notice is mailed by prepaid certified mail or | ||
delivered by express delivery service, not later than the 15th day | ||
after the date the notice is delivered to the teacher's address of | ||
record with the district. The board shall provide for a hearing to | ||
be held not later than the 15th day after the date the board | ||
receives the request for a hearing unless the parties agree in | ||
writing to a different date. The hearing must be closed unless the | ||
teacher requests an open hearing. | ||
(b-1) Notwithstanding any other provision of this code, | ||
this subsection applies only to a school district with an | ||
enrollment of at least 5,000 students. The board of trustees may | ||
designate an attorney licensed to practice law in this state to hold | ||
the hearing on behalf of the board, to create a hearing record for | ||
the board's consideration and action, and to recommend an action to | ||
the board. The attorney serving as the board's designee may not be | ||
employed by a school district and neither the designee nor a law | ||
firm with which the designee is associated may be serving as an | ||
agent or representative of a school district, of a teacher in a | ||
dispute between a district and a teacher, or of an organization of | ||
school employees, school administrators, or school boards of | ||
trustees. Not later than the 15th day after the completion of the | ||
hearing under this subsection, the board's designee shall provide | ||
to the board a record of the hearing and the designee's | ||
recommendation of whether the contract should be renewed or not | ||
renewed. The board shall consider the record of the hearing and the | ||
designee's recommendation at the first board meeting for which | ||
notice can be posted in compliance with Chapter 551, Government | ||
Code, following the receipt of the record and recommendation from | ||
the board's designee, unless the parties agree in writing to a | ||
different date. At the meeting, the board shall consider the | ||
hearing record and the designee's recommendation and allow each | ||
party to present an oral argument to the board. The board by | ||
written policy may limit the amount of time for oral argument. The | ||
policy must provide equal time for each party. The board may obtain | ||
advice concerning legal matters from an attorney who has not been | ||
involved in the proceedings. The board may accept, reject, or | ||
modify the designee's recommendation. The board shall notify the | ||
teacher in writing of the board's decision not later than the 15th | ||
day after the date of the meeting. | ||
(c) At the hearing before the board or the board's designee, | ||
the teacher may: | ||
(1) be represented by a representative of the | ||
teacher's choice; | ||
(2) hear the evidence supporting the reason for | ||
nonrenewal; | ||
(3) cross-examine adverse witnesses; and | ||
(4) present evidence. | ||
SECTION 11. Section 21.212, Education Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) On the basis of a financial exigency declared under | ||
Section 44.011 that requires a reduction in personnel, the board of | ||
trustees of a school district may choose to amend the terms of the | ||
contract of a superintendent employed under a term contract. A | ||
superintendent whose contract is amended under this subsection may | ||
resign without penalty by providing reasonable notice to the board | ||
and may continue employment for that notice period under the prior | ||
contract. | ||
SECTION 12. Section 21.251, Education Code, is amended to | ||
read as follows: | ||
Sec. 21.251. APPLICABILITY. (a) This subchapter applies | ||
if a teacher requests a hearing after receiving notice of the | ||
proposed decision to: | ||
(1) terminate the teacher's continuing contract at any | ||
time, except as provided by Subsection (b)(3); | ||
(2) terminate the teacher's probationary or term | ||
contract before the end of the contract period, except as provided | ||
by Subsection (b)(3); or | ||
(3) suspend the teacher without pay. | ||
(b) This subchapter does not apply to: | ||
(1) a decision to terminate a teacher's employment at | ||
the end of a probationary contract; [ |
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(2) a decision not to renew a teacher's term contract, | ||
unless the board of trustees of the employing district has decided | ||
to use the process prescribed by this subchapter for that purpose; | ||
or | ||
(3) a decision, on the basis of a financial exigency | ||
declared under Section 44.011 that requires a reduction in | ||
personnel, to terminate a probationary or term contract before the | ||
end of the contract period or to terminate a continuing contract at | ||
any time, unless the board of trustees has decided to use the | ||
process prescribed by this subchapter for that purpose. | ||
SECTION 13. Section 21.257, Education Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) A determination by the hearing examiner regarding | ||
good cause for the suspension of a teacher without pay or the | ||
termination of a probationary, continuing, or term contract is a | ||
conclusion of law and may be adopted, rejected, or changed by the | ||
board of trustees or board subcommittee as provided by Section | ||
21.259(b). | ||
SECTION 14. Subsection (b), Section 21.259, Education Code, | ||
is amended to read as follows: | ||
(b) The board of trustees or board subcommittee may adopt, | ||
reject, or change the hearing examiner's: | ||
(1) conclusions of law, including a determination | ||
regarding good cause for suspension without pay or termination; or | ||
(2) proposal for granting relief. | ||
SECTION 15. Subsection (a), Section 21.402, Education Code, | ||
is amended to read as follows: | ||
(a) Except as provided by Subsection [ |
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school district must pay each classroom teacher, full-time | ||
librarian, full-time counselor certified under Subchapter B, or | ||
full-time school nurse not less than the minimum monthly salary, | ||
based on the employee's level of experience in addition to other | ||
factors, as determined by commissioner rule, determined by the | ||
following formula: | ||
MS = SF x FS | ||
where: | ||
"MS" is the minimum monthly salary; | ||
"SF" is the applicable salary factor specified by Subsection | ||
(c); and | ||
"FS" is the amount, as determined by the commissioner under | ||
Subsection (b), of state and local funds per weighted student, | ||
including funds provided under Section 42.2516, available to a | ||
district eligible to receive state assistance under Section 42.302 | ||
with a maintenance and operations tax rate per $100 of taxable value | ||
equal to the product of the state compression percentage, as | ||
determined under Section 42.2516, multiplied by $1.50, except that | ||
the amount of state and local funds per weighted student does not | ||
include the amount attributable to the increase in the guaranteed | ||
level made by Chapter 1187, Acts of the 77th Legislature, Regular | ||
Session, 2001. | ||
SECTION 16. Subchapter I, Chapter 21, Education Code, is | ||
amended by adding Sections 21.4021, 21.4022, and 21.4032 to read as | ||
follows: | ||
Sec. 21.4021. FURLOUGHS. (a) Notwithstanding Section | ||
21.401 and subject to Section 21.4022, the board of trustees of a | ||
school district may, in accordance with district policy, implement | ||
a furlough program and reduce the number of days of service | ||
otherwise required under Section 21.401 by not more than six days of | ||
service during a school year if the commissioner certifies in | ||
accordance with Section 42.009 that the district will be provided | ||
with less state and local funding for that year than was provided to | ||
the district for the 2010-2011 school year. | ||
(b) Notwithstanding Section 21.402, the board of trustees | ||
may reduce the salary of an employee who is furloughed in proportion | ||
to the number of days by which service is reduced, provided that the | ||
furlough program is implemented in compliance with this section. | ||
(b-1) A furlough program must subject all contract | ||
personnel to the same number of furlough days. | ||
(c) An educator may not be furloughed on a day that is | ||
included in the number of days of instruction required under | ||
Section 25.081. | ||
(d) An educator may not use personal, sick, or any other | ||
paid leave while the educator is on a furlough. | ||
(e) A furlough imposed under this section does not | ||
constitute a break in service for purposes of the Teacher | ||
Retirement System of Texas. A furlough day does not constitute a | ||
day of service for purposes of the Teacher Retirement System of | ||
Texas. | ||
(f) Implementation of a furlough program may not result in | ||
an increase in the number of required teacher workdays. | ||
(g) If a board of trustees adopts a furlough program after | ||
the date by which a teacher must give notice of resignation under | ||
Section 21.105, 21.160, or 21.210, as applicable, a teacher who | ||
subsequently resigns is not subject to sanctions imposed by the | ||
State Board for Educator Certification as otherwise authorized by | ||
those sections. | ||
(h) A decision by the board of trustees to implement a | ||
furlough program: | ||
(1) is final and may not be appealed; and | ||
(2) does not create a cause of action or require | ||
collective bargaining. | ||
(i) Any reduction under this section in the amount of the | ||
annual salary paid to an employee must be equally distributed over | ||
the course of the employee's current contract with the school | ||
district. | ||
Sec. 21.4022. REQUIRED PROCESS FOR DEVELOPMENT OF FURLOUGH | ||
PROGRAM OR OTHER SALARY REDUCTION PROPOSAL. (a) The board of | ||
trustees of a school district may not implement a furlough program | ||
under Section 21.4021 or reduce salaries until the district has | ||
complied with this section. | ||
(b) A school district must use a process to develop a | ||
furlough program or other salary reduction proposal, as applicable, | ||
that: | ||
(1) includes the involvement of the district's | ||
professional staff; and | ||
(2) provides district employees with the opportunity | ||
to express opinions regarding the furlough program or salary | ||
reduction proposal, as applicable, at the public meeting required | ||
by Subsection (c). | ||
(c) The board of trustees must hold a public meeting at | ||
which the board and school district administration present: | ||
(1) information regarding the options considered for | ||
managing the district's available resources, including | ||
consideration of a tax rate increase and use of the district's | ||
available fund balance; | ||
(2) an explanation of how the district intends, | ||
through implementation of a furlough program under Section 21.4021 | ||
or through other salary reductions, as applicable, to limit the | ||
number of district employees who will be discharged or whose | ||
contracts will not be renewed; and | ||
(3) information regarding the local option residence | ||
homestead exemption. | ||
(d) Any explanation of a furlough program under Subsection | ||
(c)(2) must state the specific number of furlough days proposed to | ||
be required. | ||
(e) The public and school district employees must be | ||
provided with an opportunity to comment at the public meeting | ||
required under Subsection (c). | ||
Sec. 21.4032. REDUCTIONS IN SALARIES OF CLASSROOM TEACHERS | ||
AND ADMINISTRATORS. (a) This section applies only to a widespread | ||
reduction in the amount of the annual salaries paid to school | ||
district classroom teachers based primarily on district financial | ||
conditions rather than on teacher performance. | ||
(b) For any school year in which a school district has | ||
reduced the amount of the annual salaries paid to district | ||
classroom teachers from the amount paid for the preceding school | ||
year, the district shall reduce the amount of the annual salary paid | ||
to each district administrator or other professional employee by a | ||
percent or fraction of a percent that is equal to the average | ||
percent or fraction of a percent by which teacher salaries have been | ||
reduced. | ||
SECTION 17. Subsection (a), Section 38.101, Education Code, | ||
is amended to read as follows: | ||
(a) Except as provided by Subsection (b), a school district | ||
annually shall assess the physical fitness of students enrolled in | ||
grade three or higher in a course that satisfies the curriculum | ||
requirements for physical education under Section 28.002(a)(2)(C) | ||
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SECTION 18. Subchapter A, Chapter 42, Education Code, is | ||
amended by adding Section 42.009 to read as follows: | ||
Sec. 42.009. DETERMINATION OF FUNDING LEVELS. (a) Not | ||
later than July 1 of each year, the commissioner shall determine for | ||
each school district whether the estimated amount of state and | ||
local funding per student in weighted average daily attendance to | ||
be provided to the district under the Foundation School Program for | ||
maintenance and operations for the following school year is less | ||
than the amount provided to the district for the 2010-2011 school | ||
year. If the amount estimated to be provided is less, the | ||
commissioner shall certify the percentage decrease in funding to be | ||
provided to the district. | ||
(b) In making the determinations regarding funding levels | ||
required by Subsection (a), the commissioner shall: | ||
(1) make adjustments as necessary to reflect changes | ||
in a school district's maintenance and operations tax rate; | ||
(2) for a district required to take action under | ||
Chapter 41 to reduce its wealth per student to the equalized wealth | ||
level, base the determinations on the district's net funding levels | ||
after deducting any amounts required to be expended by the district | ||
to comply with Chapter 41; and | ||
(3) determine a district's weighted average daily | ||
attendance in accordance with this chapter as it existed on January | ||
1, 2011. | ||
SECTION 19. Subchapter A, Chapter 44, Education Code, is | ||
amended by adding Section 44.011 to read as follows: | ||
Sec. 44.011. FINANCIAL EXIGENCY. (a) The board of | ||
trustees of a school district may adopt a resolution declaring a | ||
financial exigency for the district. The declaration expires at | ||
the end of the fiscal year during which the declaration is made | ||
unless the board adopts a resolution before the end of the fiscal | ||
year declaring continuation of the financial exigency for the | ||
following fiscal year. | ||
(b) The board is not limited in the number of times the board | ||
may adopt a resolution declaring continuation of the financial | ||
exigency. | ||
(c) A board may terminate a financial exigency declaration | ||
at any time if the board considers it appropriate. | ||
(d) Each time the board adopts a resolution under this | ||
section, the board must notify the commissioner. The commissioner | ||
by rule shall prescribe the time and manner in which notice must be | ||
given to the commissioner under this subsection. | ||
(e) The commissioner by rule shall adopt minimum standards | ||
concerning school district financial conditions that must exist for | ||
declaration of a financial exigency by the board of trustees of the | ||
district. | ||
(f) The commissioner may use emergency rulemaking | ||
procedures to adopt rules under Subsection (e). This subsection | ||
expires September 1, 2013. | ||
SECTION 20. Subchapter F, Chapter 552, Government Code, is | ||
amended by adding Section 552.2661 to read as follows: | ||
Sec. 552.2661. CHARGE FOR COPY OF PUBLIC INFORMATION | ||
PROVIDED BY SCHOOL DISTRICT. A school district that receives a | ||
request to produce public information for inspection or publication | ||
or to produce copies of public information in response to a | ||
requestor who, within the preceding 180 days, has accepted but | ||
failed to pay written itemized statements of estimated charges from | ||
the district as provided under Section 552.261(b) may require the | ||
requestor to pay the estimated charges for the request before the | ||
request is fulfilled. | ||
SECTION 21. The following provisions of the Education Code | ||
are repealed: | ||
(1) Section 12.1331; | ||
(2) Subsection (d), Section 21.402; and | ||
(3) Subsections (b) and (c), Section 33.902. | ||
SECTION 22. On or before January 1, 2012, the State Board | ||
for Educator Certification shall propose rules relating to educator | ||
certification as prescribed by Section 21.051, Education Code, as | ||
amended by this Act. | ||
SECTION 23. The changes in law made by this Act apply only | ||
to a hearing examiner's determination regarding good cause that is | ||
contained in a written recommendation under Section 21.257, | ||
Education Code, issued on or after the effective date of this Act. | ||
SECTION 24. 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 on the 91st day after the last day of | ||
the legislative session. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 8 passed the Senate on | ||
June 6, 2011, by the following vote: Yeas 18, Nays 12; | ||
June 20, 2011, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; June 21, 2011, | ||
House granted request of the Senate; June 27, 2011, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 19, | ||
Nays 11. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 8 passed the House, with | ||
amendments, on June 16, 2011, by the following vote: Yeas 88, | ||
Nays 55, one present not voting; June 21, 2011, House granted | ||
request of the Senate for appointment of Conference Committee; | ||
June 27, 2011, House adopted Conference Committee Report by the | ||
following vote: Yeas 80, Nays 63, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |