Bill Text: TX HB1926 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the operation of the state virtual school network and courses provided through other distance learning arrangements.
Spectrum: Moderate Partisan Bill (Republican 16-3)
Status: (Enrolled - Dead) 2013-06-14 - Effective immediately [HB1926 Detail]
Download: Texas-2013-HB1926-Enrolled.html
H.B. No. 1926 |
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relating to the operation of the state virtual school network and | ||
courses provided through other distance learning arrangements. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 26.0031, Education Code, is amended by | ||
amending Subsections (b), (c), and (d) and adding Subsections (c-1) | ||
and (f) to read as follows: | ||
(b) Except as provided by Subsection (c), a [ |
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district or open-enrollment charter school in which a student is | ||
enrolled as a full-time student may not [ |
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request of a parent of a student to enroll the student in an | ||
electronic course offered through the state virtual school network | ||
under Chapter 30A. | ||
(c) A [ |
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open-enrollment charter school may deny [ |
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course if: | ||
(1) [ |
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that[ |
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school graduation plan or requirements for college admission or | ||
earning an industry certification; | ||
(2) [ |
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electronic course at a time that is not consistent with the | ||
enrollment period established by the school district or | ||
open-enrollment charter school providing the course; or | ||
(3) the district or school offers a substantially | ||
similar course. | ||
(c-1) A school district or open-enrollment charter school | ||
may decline to pay the cost for a student of more than three | ||
yearlong electronic courses, or the equivalent, during any school | ||
year. This subsection does not: | ||
(1) limit the ability of the student to enroll in | ||
additional electronic courses at the student's cost; or | ||
(2) apply to a student enrolled in a full-time online | ||
program that was operating on January 1, 2013. | ||
(d) Notwithstanding Subsection (c)(2) [ |
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district or open-enrollment charter school that provides an | ||
electronic course through the state virtual school network under | ||
Chapter 30A shall make all reasonable efforts to accommodate the | ||
enrollment of a student in the course under special circumstances. | ||
(f) A school district or open-enrollment charter school | ||
from which a parent of a student requests permission to enroll the | ||
student in an electronic course offered through the state virtual | ||
school network under Chapter 30A has discretion to select a course | ||
provider approved by the network's administering authority for the | ||
course in which the student will enroll based on factors including | ||
the informed choice report in Section 30A.108(b). | ||
SECTION 2. Subchapter Z, Chapter 29, Education Code, is | ||
amended by adding Section 29.909 to read as follows: | ||
Sec. 29.909. DISTANCE LEARNING COURSES. (a) A school | ||
district or open-enrollment charter school that provides a course | ||
through distance learning and seeks to inform other districts or | ||
schools of the availability of the course may submit information to | ||
the agency regarding the course, including the number of positions | ||
available for student enrollment in the course. The district or | ||
school may submit updated information at the beginning of each | ||
semester. | ||
(b) The agency shall make information submitted under this | ||
section available on the agency's Internet website. | ||
(c) The commissioner may adopt rules necessary to implement | ||
this section, including rules governing student enrollment. The | ||
commissioner may not adopt rules governing course pricing, and the | ||
price for a course shall be determined by the school districts or | ||
open-enrollment charter schools involved. | ||
SECTION 3. Sections 30A.001(7) and (8), Education Code, are | ||
amended to read as follows: | ||
(7) "Course provider [ |
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(A) a school district or open-enrollment charter | ||
school that provides an electronic course through the state virtual | ||
school network to: | ||
(i) students enrolled in that district or | ||
school; or | ||
(ii) students enrolled in another school | ||
district or school; [ |
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(B) a public or private institution of higher | ||
education, nonprofit entity, or private entity that provides a | ||
course through the state virtual school network; or | ||
(C) an entity that provides an electronic | ||
professional development course through the state virtual school | ||
network. | ||
(8) "Public or private institution of higher | ||
education" means[ |
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defined by 20 U.S.C. Section 1001 [ |
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SECTION 4. Section 30A.003, Education Code, is amended to | ||
read as follows: | ||
Sec. 30A.003. PROVISION OF COMPUTER EQUIPMENT OR INTERNET | ||
SERVICE. This chapter does not: | ||
(1) require a school district, an open-enrollment | ||
charter school, a course provider [ |
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the state to provide a student with home computer equipment or | ||
Internet access for a course provided through the state virtual | ||
school network; or | ||
(2) prohibit a school district or open-enrollment | ||
charter school from providing a student with home computer | ||
equipment or Internet access for a course provided through the | ||
state virtual school network. | ||
SECTION 5. Section 30A.007, Education Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) A school district or open-enrollment charter school | ||
shall adopt a written policy that provides district or school | ||
students with the opportunity to enroll in electronic courses | ||
provided through the state virtual school network. The policy must | ||
be consistent with the requirements imposed by Section 26.0031. | ||
(a-1) A school district or open-enrollment charter school | ||
shall, at least once per school year, send to a parent of each | ||
district or school student enrolled at the middle or high school | ||
level a copy of the policy adopted under Subsection (a). A district | ||
or school may send the policy with any other information that the | ||
district or school sends to a parent. | ||
SECTION 6. Section 30A.056(a), Education Code, is amended | ||
to read as follows: | ||
(a) Each contract between a course provider [ |
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must: | ||
(1) provide that the administering authority may | ||
cancel the contract without penalty if legislative authorization | ||
for the course provider [ |
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an electronic course through the state virtual school network is | ||
revoked; and | ||
(2) be submitted to the commissioner. | ||
SECTION 7. The heading to Section 30A.101, Education Code, | ||
is amended to read as follows: | ||
Sec. 30A.101. ELIGIBILITY TO ACT AS COURSE PROVIDER [ |
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SECTION 8. Section 30A.101, Education Code, is amended by | ||
amending Subsection (a) and adding Subsections (c) and (d) to read | ||
as follows: | ||
(a) A school district or open-enrollment charter school is | ||
eligible to act as a course provider [ |
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chapter only if the district or school is rated acceptable [ |
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may serve as a course provider only: | ||
(1) to a student within its service area; or | ||
(2) to another student in the state: | ||
(A) through an agreement with the school district | ||
in which the student resides; or | ||
(B) if the student receives educational services | ||
under the supervision of a juvenile probation department, the Texas | ||
Juvenile Justice Department, or the Texas Department of Criminal | ||
Justice, through an agreement with the applicable agency. | ||
(c) A nonprofit entity, private entity, or corporation is | ||
eligible to act as a course provider under this chapter only if the | ||
nonprofit entity, private entity, or corporation: | ||
(1) complies with all applicable federal and state | ||
laws prohibiting discrimination; | ||
(2) demonstrates financial solvency; and | ||
(3) provides evidence of prior successful experience | ||
offering online courses to middle or high school students, with | ||
demonstrated student success in course completion and performance, | ||
as determined by the commissioner. | ||
(d) An entity other than a school district or | ||
open-enrollment charter school is not authorized to award course | ||
credit or a diploma for courses taken through the state virtual | ||
school network. | ||
SECTION 9. Section 30A.102, Education Code, is amended to | ||
read as follows: | ||
Sec. 30A.102. LISTING OF ELECTRONIC COURSES. (a) The | ||
administering authority shall: | ||
(1) publish the criteria required by Section 30A.103 | ||
for electronic courses that may be offered through the state | ||
virtual school network; | ||
(2) using the criteria required by Section 30A.103, | ||
evaluate electronic courses submitted by a course provider [ |
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(3) create a list of electronic courses approved by | ||
the administering authority; and | ||
(4) publish in a prominent location on the network's | ||
Internet website [ |
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electronic courses offered through the network and a detailed | ||
description of the courses that complies with Section 30A.108. | ||
(b) To ensure that a full range of electronic courses, | ||
including advanced placement courses, are offered to students in | ||
this state, the administering authority: | ||
(1) shall create a list of those subjects and courses | ||
designated by the board under Subchapter A, Chapter 28, for which | ||
the board has identified essential knowledge and skills or for | ||
which the board has designated content requirements under | ||
Subchapter A, Chapter 28; | ||
(2) shall enter into agreements with school districts, | ||
open-enrollment charter schools, [ |
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institutions of higher education, and other eligible entities for | ||
the purpose of offering the courses through the state virtual | ||
school network; and | ||
(3) may develop or authorize the development of | ||
additional electronic courses that: | ||
(A) are needed to complete high school graduation | ||
requirements; and | ||
(B) are not otherwise available through the state | ||
virtual school network. | ||
(c) The administering authority shall develop a | ||
comprehensive course numbering system for all courses offered | ||
through the state virtual school network to ensure, to the greatest | ||
extent possible, consistent numbering of similar courses offered | ||
across all course providers. | ||
SECTION 10. Section 30A.1021(c), Education Code, is amended | ||
to read as follows: | ||
(c) The administering authority shall provide public access | ||
to the comments submitted by students and parents under this | ||
section. The comments must be in a format that permits a person to | ||
sort the comments by teacher, electronic course, and course | ||
provider [ |
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SECTION 11. Section 30A.103(a), Education Code, is amended | ||
to read as follows: | ||
(a) The board by rule shall establish an objective standard | ||
criteria for an electronic course to ensure alignment with the | ||
essential knowledge and skills requirements identified or content | ||
requirements established under Subchapter A, Chapter 28. The | ||
criteria may not permit the administering authority to prohibit a | ||
course provider [ |
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approval for an electronic course for a course for which essential | ||
knowledge and skills have been identified. | ||
SECTION 12. Section 30A.104(b), Education Code, is amended | ||
to read as follows: | ||
(b) If the essential knowledge and skills with which an | ||
approved course is aligned in accordance with Subsection (a)(2) are | ||
modified, the course provider [ |
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provided the same time period to revise the course to achieve | ||
alignment with the modified essential knowledge and skills as is | ||
provided for the modification of a course provided in a traditional | ||
classroom setting. | ||
SECTION 13. Sections 30A.1041(a) and (b), Education Code, | ||
are amended to read as follows: | ||
(a) A school district, open-enrollment charter school, [ |
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public or private institution of higher education, or other | ||
eligible entity may seek approval to offer through the state | ||
virtual school network the classroom portion of a driver education | ||
and traffic safety course that complies with the requirements for | ||
the program developed under Section 29.902. | ||
(b) A school district, open-enrollment charter school, [ |
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public or private institution of higher education, or other | ||
eligible entity may not offer through the state virtual school | ||
network the laboratory portion of a driver education and traffic | ||
safety course. | ||
SECTION 14. Subchapter C, Chapter 30A, Education Code, is | ||
amended by adding Section 30A.1042 to read as follows: | ||
Sec. 30A.1042. RECIPROCITY AGREEMENTS WITH OTHER STATES. | ||
(a) The administering authority may enter into a reciprocity | ||
agreement with one or more other states to facilitate expedited | ||
course approval. | ||
(b) An agreement under this section must ensure that any | ||
course approved in accordance with the agreement: | ||
(1) is evaluated to ensure compliance with Sections | ||
30A.104(a)(1) and (2) before the course may be offered through the | ||
state virtual school network; and | ||
(2) meets the requirements of Section 30A.104(a)(3). | ||
SECTION 15. Section 30A.105, Education Code, is amended by | ||
amending Subsections (a), (a-1), and (d) and adding Subsection (e) | ||
to read as follows: | ||
(a) The administering authority shall: | ||
(1) establish a [ |
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and approval process for electronic courses that occurs on a | ||
rolling basis; and | ||
(2) evaluate electronic courses to be offered through | ||
the state virtual school network[ |
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(a-1) The administering authority shall publish the | ||
submission and approval process for electronic courses [ |
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established under Subsection (a)(1), including any deadlines | ||
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the [ |
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(d) If the agency determines that the costs of evaluating | ||
and approving a submitted electronic course will not be paid by the | ||
agency due to a shortage of funds available for that purpose, the | ||
school district, open-enrollment charter school, [ |
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private institution of higher education, or other eligible entity | ||
that submitted the course for evaluation and approval may pay a fee | ||
equal to the amount of the costs in order to ensure that evaluation | ||
of the course occurs. The agency shall establish and publish a fee | ||
schedule for purposes of this subsection. | ||
(e) The administering authority shall require a course | ||
provider to apply for renewed approval of a previously approved | ||
course in accordance with a schedule designed to coincide with | ||
revisions to the required curriculum under Section 28.002(a) but | ||
not later than the 10th anniversary of the previous approval. | ||
SECTION 16. Subchapter C, Chapter 30A, Education Code, is | ||
amended by adding Section 30A.1052 to read as follows: | ||
Sec. 30A.1052. INDUCEMENTS FOR ENROLLMENT PROHIBITED. (a) | ||
A course provider may not promise or provide equipment or any other | ||
thing of value to a student or a student's parent as an inducement | ||
for the student to enroll in an electronic course offered through | ||
the state virtual school network. | ||
(b) The commissioner shall revoke approval under this | ||
chapter of electronic courses offered by a course provider that | ||
violates this section. | ||
(c) The commissioner's action under this section is final | ||
and may not be appealed. | ||
SECTION 17. Section 30A.106(a), Education Code, is amended | ||
to read as follows: | ||
(a) A course provider [ |
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to the commissioner the administering authority's refusal to | ||
approve an electronic course under Section 30A.105. | ||
SECTION 18. Section 30A.107(a), Education Code, is amended | ||
to read as follows: | ||
(a) A course provider [ |
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electronic courses to: | ||
(1) students and adults who reside in this state; and | ||
(2) students who reside outside this state and who | ||
meet the eligibility requirements under Section 30A.002(c). | ||
SECTION 19. Section 30A.108(b), Education Code, is amended | ||
to read as follows: | ||
(b) Each report under this section must describe each | ||
electronic course offered through the state virtual school network | ||
and include the following information: | ||
(1) [ |
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(2) [ |
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including any options for continued participation outside of the | ||
standard school year calendar; | ||
(3) the entity that developed the course; | ||
(4) the entity that provided the course; | ||
(5) the course completion rate; | ||
(6) aggregate student performance on an assessment | ||
instrument administered under Section 39.023 to students enrolled | ||
in the course; | ||
(7) aggregate student performance on all assessment | ||
instruments administered under Section 39.023 to students who | ||
completed the course provider's courses; and | ||
(8) other information determined by the commissioner. | ||
SECTION 20. Section 30A.1121, Education Code, is amended to | ||
read as follows: | ||
Sec. 30A.1121. ALTERNATIVE EDUCATOR PROFESSIONAL | ||
DEVELOPMENT. (a) Subject to Subsection (b), a course provider | ||
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professional development courses to teachers seeking to become | ||
authorized to teach electronic courses provided through the state | ||
virtual school network. A course provider [ |
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provide a professional development course that is approved under | ||
Subsection (b) to any interested teacher, regardless of [ |
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the teacher's employer [ |
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(b) The agency shall review each professional development | ||
course sought to be provided by a course provider [ |
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determine if the course meets the quality standards established | ||
under Section 30A.113. If a course meets those standards, the | ||
course provider [ |
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purposes of enabling a teacher to comply with Section | ||
30A.111(a)(2). | ||
SECTION 21. Section 30A.114, Education Code, is amended to | ||
read as follows: | ||
Sec. 30A.114. REGIONAL EDUCATION SERVICE CENTERS. The | ||
commissioner by rule shall allow regional education service centers | ||
to participate in the state virtual school network in the same | ||
manner as course providers [ |
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SECTION 22. Section 30A.153, Education Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsection (a-1) to | ||
read as follows: | ||
(a) Subject to the limitation imposed under Subsection | ||
(a-1), a [ |
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which a student is enrolled is entitled to funding under Chapter 42 | ||
or in accordance with the terms of a charter granted under Section | ||
12.101 for the student's enrollment in an electronic course offered | ||
through the state virtual school network in the same manner that the | ||
district or school is entitled to funding for the student's | ||
enrollment in courses provided in a traditional classroom setting, | ||
provided that the student successfully completes the electronic | ||
course. | ||
(a-1) For purposes of Subsection (a), a school district or | ||
open-enrollment charter school is limited to the funding described | ||
by that subsection for a student's enrollment in not more than three | ||
electronic courses during any school year, unless the student is | ||
enrolled in a full-time online program that was operating on | ||
January 1, 2013. | ||
(b) The commissioner, after considering comments from | ||
school district and open-enrollment charter school | ||
representatives, shall adopt a standard agreement that governs the | ||
costs, payment of funds, and other matters relating to a student's | ||
enrollment in an electronic course offered through the state | ||
virtual school network. The agreement may not require a school | ||
district or open-enrollment charter school to pay the provider the | ||
full amount until the student has successfully completed the | ||
electronic course, and the full amount may not exceed the limits | ||
specified by Section 30A.105(b). | ||
SECTION 23. Section 30A.155, Education Code, is amended by | ||
amending Subsections (a) and (c-1) and adding Subsection (e) to | ||
read as follows: | ||
(a) A school district or open-enrollment charter school may | ||
charge a fee for enrollment in an electronic course provided | ||
through the state virtual school network to a student who resides in | ||
this state and: | ||
(1) is enrolled in a school district or | ||
open-enrollment charter school as a full-time student with[ |
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normally taken by students in the equivalent grade level in other | ||
school districts or open-enrollment charter schools; or | ||
(2) elects to enroll in an electronic course provided | ||
through the network for which the school district or | ||
open-enrollment charter school in which the student is enrolled as | ||
a full-time student declines to pay the cost, as authorized by | ||
Section 26.0031(c-1). | ||
(c-1) A school district or open-enrollment charter school | ||
that is not the course provider [ |
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charge a student enrolled in the district or school a nominal fee, | ||
not to exceed the amount specified by the commissioner, if the | ||
student enrolls in an electronic course provided through the state | ||
virtual school network that exceeds the course load normally taken | ||
by students in the equivalent grade level. A juvenile probation | ||
department or state agency may charge a comparable fee to a student | ||
under the supervision of the department or agency. | ||
(e) This chapter does not entitle a student who is not | ||
enrolled on a full-time basis in a school district or | ||
open-enrollment charter school to the benefits of the Foundation | ||
School Program. | ||
SECTION 24. Subchapter A, Chapter 32, Education Code, is | ||
amended by adding Section 32.005 to read as follows: | ||
Sec. 32.005. STUDY ON SCHOOL DISTRICT NETWORK CAPABILITIES. | ||
(a) The commissioner shall conduct a study to assess the network | ||
capabilities of each school district. The study must gather | ||
sufficient information to determine whether the network | ||
connections of a district and school campuses in the district meet | ||
the following targets: | ||
(1) an external Internet connection to a campus's | ||
Internet service provider featuring a bandwidth capable of a | ||
broadband speed of at least 100 megabits per second for every 1,000 | ||
students and staff members; and | ||
(2) an internal wide area network connection between | ||
the district and each of the school campuses in the district | ||
featuring a bandwidth capable of a broadband speed of at least one | ||
gigabit per second for every 1,000 students and staff members. | ||
(b) The commissioner may solicit and accept gifts and grants | ||
from any public or private source to conduct the study. The | ||
commissioner may also cooperate or collaborate with national | ||
organizations conducting similar studies. | ||
(c) The commissioner shall complete the study not later than | ||
December 1, 2015. This section expires December 1, 2016. | ||
SECTION 25. Section 30A.101(b), Education Code, as amended | ||
by Chapters 895 (H.B. 3) and 1328 (H.B. 3646), Acts of the 81st | ||
Legislature, Regular Session, 2009, is repealed. | ||
SECTION 26. This Act applies beginning with the 2013-2014 | ||
school year. | ||
SECTION 27. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1926 was passed by the House on May 4, | ||
2013, by the following vote: Yeas 104, Nays 32, 2 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 1926 on May 24, 2013, 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. 1926 on May 26, 2013, by the following vote: Yeas 140, | ||
Nays 1, 3 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1926 was passed by the Senate, with | ||
amendments, on May 22, 2013, by the following vote: Yeas 26, Nays | ||
5; 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. | ||
1926 on May 26, 2013, by the following vote: Yeas 26, Nays 5. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |