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                                                                  H.B. No. 404




AN ACT

relating to the membership of the Family and Protective Services 
Council.   
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 40.021, Human Resources Code, is amended 
by adding Subsection (g) to read as follows:
	(g)  One of the members of the council under Subsection (b) 
must be a person who was a child in the foster care system.  If after 
conducting a search, the governor determines that no qualified 
individual under this subsection is available, the governor may 
appoint another person qualified under Subsection (b).
	SECTION 2.  (a)  The change in law made by this Act to 
Section 40.021, Human Resources Code, relating to the 
qualifications of members of the Family and Protective Services 
Council does not affect the entitlement of a member of the council 
serving immediately before the effective date of this Act to 
continue to serve on the council for the term to which the member 
was appointed.
	(b)  As the terms of the members of the council expire or as 
vacancies on the council occur, the governor shall make 
appointments to the council to achieve, as soon as possible, the 
membership plan prescribed by Section 40.021, Human Resources Code, 
as amended by this Act.
	SECTION 3.  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, 2005.




______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      

	I certify that H.B. No. 404 was passed by the House on March 
22, 2005, by the following vote:  Yeas 144, Nays 0, 2 present, not 
voting; and that the House concurred in Senate amendments to H.B. 
No. 404 on May 17, 2005, by the following vote:  Yeas 128, Nays 0, 1 
present, not voting.

                                                  ______________________________
                                                     Chief Clerk of the House   

	
I certify that H.B. No. 404 was passed by the Senate, with 
amendments, on May 10, 2005, by the following vote:  Yeas 31, Nays 
0.

                                                  ______________________________
                                                      Secretary of the Senate   



APPROVED: __________________                                                
 
                Date                                                         




 
         __________________                                              
 
              Governor