H.B. No. 414
 
 
 
 
AN ACT
  relating to the regulation of equine dentistry and the conducting
  of licensing examinations by the State Board of Veterinary Medical
  Examiners.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 801.002, Occupations Code, is amended by
  adding Subdivisions (3-a) and (4-a) to read as follows:
               (3-a)  "Equine dentistry" means any diagnosis,
  treatment, or surgical procedure performed on the head or oral
  cavity of an equine animal. The term includes:
                     (A)  any procedure that invades the tissues of the
  oral cavity, including a procedure to:
                           (i)  remove sharp enamel projections;
                           (ii)  treat malocclusions of the teeth;
                           (iii)  reshape teeth; and
                           (iv)  extract one or more teeth;
                     (B)  the treatment or extraction of damaged or
  diseased teeth;
                     (C)  the treatment of diseased teeth through
  restoration and endodontic procedures;
                     (D)  periodontal treatments, including:
                           (i)  the removal of calculus, soft deposits,
  plaque, and stains above the gum line; and
                           (ii)  the smoothing, filing, and polishing
  of tooth surfaces; and
                     (E)  dental radiography.
               (4-a)  "Licensed equine dental provider" means a person
  who holds a license to practice equine dentistry issued under this
  chapter.
         SECTION 2.  Section 801.151, Occupations Code, is amended by
  amending Subsection (c) and adding Subsections (e) and (f) to read
  as follows:
         (c)  The board shall adopt rules to:
               (1)  protect the public; [and]
               (2)  ensure that alternate therapies, including
  ultrasound diagnosis and therapy, magnetic field therapy, holistic
  medicine, homeopathy, chiropractic treatment, acupuncture, and
  laser therapy, are performed only by a veterinarian or under the
  supervision of a veterinarian; and
               (3)  ensure that equine dentistry is performed only by
  a veterinarian who is active and in good standing or by a licensed
  equine dental provider who is active and in good standing under the
  appropriate level of supervision of a veterinarian who is active
  and in good standing and who has established a
  veterinarian-client-patient relationship with the owner or other
  caretaker of an animal in accordance with Section 801.351.
         (e)  The board shall adopt rules to implement a jurisprudence
  examination for licensed equine dental providers, including rules
  relating to the development and administration of the examination,
  examination fees, guidelines for reexamination, examination
  grading, and provision of notice of examination results.
         (f)  The board may not adopt rules that unreasonably restrict
  the selection by the owner or other caretaker of an animal of a
  licensed equine dental provider who is in good standing to provide
  equine dental services.
         SECTION 3.  Sections 801.154(b) and (d), Occupations Code,
  are amended to read as follows:
         (b)  The veterinarian license renewal fee set by the board
  under this chapter is the amount set by the board under Subsection
  (a) and an additional fee of $200.
         (d)  The additional fee under Subsection (b) does not apply
  to a veterinarian [license holder] who is:
               (1)  exempt from paying the renewal fee under Section
  801.304; or
               (2)  placed on inactive status as provided by Section
  801.306.
         SECTION 4.  Section 801.156, Occupations Code, is amended to
  read as follows:
         Sec. 801.156.  REGISTRY. (a)  The board shall maintain a
  record of each license holder's [veterinarian's]:
               (1)  name;
               (2)  residence address; and
               (3)  business address.
         (b)  A license holder [veterinarian] shall notify the board
  of a change of business address or employer not later than the 60th
  day after the date the change takes effect.
         SECTION 5.  Section 801.203(b), Occupations Code, is amended
  to read as follows:
         (b)  The board shall list with its regular telephone number
  any toll-free telephone number established under other state law
  for presenting a complaint about a license holder [veterinarian].
         SECTION 6.  Section 801.2056(b), Occupations Code, is
  amended to read as follows:
         (b)  A complaint delegated under this section shall be
  referred for informal proceedings under Section 801.408 if:
               (1)  the committee determines that the complaint should
  not be dismissed or settled;
               (2)  the committee is unable to reach an agreed
  settlement; or
               (3)  the license holder [veterinarian] who is the
  subject of the complaint requests that the complaint be referred
  for informal proceedings.
         SECTION 7.  Sections 801.251 and 801.252, Occupations Code,
  are amended to read as follows:
         Sec. 801.251.  LICENSE REQUIRED FOR PRACTICE OF VETERINARY
  MEDICINE. Except as provided by Section 801.004, a person may not
  practice, or offer or attempt to practice, veterinary medicine
  unless the person holds a license to practice veterinary medicine
  issued under this chapter.
         Sec. 801.252.  ELIGIBILITY REQUIREMENTS FOR LICENSE TO
  PRACTICE VETERINARY MEDICINE. The board shall issue a license to
  practice veterinary medicine to a person who is qualified to be
  licensed to practice veterinary medicine under this chapter. A
  person is qualified to be licensed to practice veterinary medicine
  if:
               (1)  the person has attained the age of majority;
               (2)  the person is a graduate of a board-approved
  school or college of veterinary medicine;
               (3)  the person successfully completes the licensing
  examination for veterinarians conducted by the board; and
               (4)  the board does not refuse to issue a license to the
  person under Section 801.401.
         SECTION 8.  The heading to Section 801.253, Occupations
  Code, is amended to read as follows:
         Sec. 801.253.  LICENSING EXAMINATIONS FOR VETERINARIANS.
         SECTION 9.  Section 801.253(a), Occupations Code, is amended
  to read as follows:
         (a)  The board shall [hold a regular meeting at least twice
  each year to] conduct licensing examinations for veterinarians as
  provided by board rule. The board shall conduct the examination at
  a time and place the board determines is convenient for applicants.
         SECTION 10.  The heading to Section 801.256, Occupations
  Code, is amended to read as follows:
         Sec. 801.256.  SPECIAL LICENSE TO PRACTICE VETERINARY
  MEDICINE.
         SECTION 11.  Section 801.256(a), Occupations Code, is
  amended to read as follows:
         (a)  The board may issue a special license to practice
  veterinary medicine to an applicant who is:
               (1)  a member of the faculty or staff of a
  board-approved veterinary program at an institution of higher
  education;
               (2)  a veterinarian employee of the Texas Animal Health
  Commission;
               (3)  a veterinarian employee of the Texas Veterinary
  Medical Diagnostic Laboratory; or
               (4)  a person licensed to practice veterinary medicine
  in another jurisdiction, if the board determines that the person's
  specialty practice is unrepresented or underrepresented in this
  state.
         SECTION 12.  The heading to Section 801.257, Occupations
  Code, is amended to read as follows:
         Sec. 801.257.  PROVISIONAL LICENSE TO PRACTICE VETERINARY
  MEDICINE.
         SECTION 13.  Section 801.257(a), Occupations Code, is
  amended to read as follows:
         (a)  The board may grant a provisional license to practice
  veterinary medicine to an applicant who presents proof that the
  applicant:
               (1)  is licensed in good standing as a veterinarian in
  another state that:
                     (A)  has licensing requirements substantially
  equivalent to the requirements of this chapter; and
                     (B)  maintains professional standards the board
  considers equivalent to the professional standards of this chapter;
  and
               (2)  has passed a national or other examination
  recognized by the board relating to veterinary medicine.
         SECTION 14.  Section 801.258, Occupations Code, is amended
  to read as follows:
         Sec. 801.258.  TEMPORARY LICENSE TO PRACTICE VETERINARY
  MEDICINE. The board by rule may provide for the issuance of a
  temporary license to practice veterinary medicine.
         SECTION 15.  Subchapter F, Chapter 801, Occupations Code, is
  amended by adding Sections 801.259, 801.260, 801.261, 801.262,
  801.263, and 801.264 to read as follows:
         Sec. 801.259.  LICENSED EQUINE DENTAL PROVIDER
  DESIGNATIONS. (a)  A person may not represent to the public that
  the person is authorized to perform equine dentistry or use the
  titles "dentist," "certified equine dental provider," "equine
  dental provider," "CEDP," or "EDP" unless specifically authorized
  by Subsection (b).
         (b)  Only a licensed equine dental provider who is certified
  in accordance with Section 801.261(a)(3) may use the title
  "certified equine dental provider" or the designation "CEDP."  Only
  a licensed equine dental provider who is licensed before September
  1, 2013, and who is not certified in accordance with Section
  801.261(a)(3) may use the title "equine dental provider" or the
  designation "EDP."
         Sec. 801.260.  LICENSE REQUIRED FOR EQUINE DENTISTRY. A
  person may not perform equine dentistry or offer or attempt to act
  as an equine dental provider unless the person is:
               (1)  a veterinarian who is active and in good standing;
  or
               (2)  a licensed equine dental provider who is active
  and in good standing performing under the supervision of a
  veterinarian who is active and in good standing.
         Sec. 801.261.  LICENSED EQUINE DENTAL PROVIDER:
  APPLICATION, QUALIFICATIONS, AND ISSUANCE. (a)  The board shall
  issue an equine dental provider license to a person who is qualified
  under this section.  A person is qualified to be licensed as an
  equine dental provider if the person:
               (1)  passes a jurisprudence examination conducted by
  the board in accordance with Section 801.264;
               (2)  is not disqualified under this chapter or board
  rule; and
               (3)  is certified by the International Association of
  Equine Dentistry or another board-approved certification entity or
  organization.
         (b)  An applicant for an equine dental provider license must
  submit to the board:
               (1)  an application on the form prescribed by the
  board;
               (2)  information to enable the board to conduct a
  criminal background check as required by the board; and
               (3)  any other information required by the board.
         Sec. 801.262.  SCOPE OF PRACTICE OF LICENSED EQUINE DENTAL
  PROVIDER. (a)  A licensed equine dental provider may not perform
  equine dentistry unless the provider is active and in good standing
  and performs equine dentistry under the general supervision of a
  veterinarian who is active and in good standing.
         (b)  A licensed equine dental provider may perform only the
  following equine dental procedures:
               (1)  removing sharp enamel points;
               (2)  removing small dental overgrowths;
               (3)  rostral profiling of the first cheek teeth;
               (4)  reducing incisors;
               (5)  extracting loose, deciduous teeth;
               (6)  removing supragingival calculus;
               (7)  extracting loose, mobile, or diseased teeth or
  dental fragments with minimal periodontal attachments by hand and
  without the use of an elevator; and
               (8)  removing erupted, non-displaced wolf teeth.
         (c)  Subsection (b) may not be construed to prohibit an
  employee of a veterinarian who is not a licensed equine dental
  provider from performing the equine dental procedures described in
  Subsection (b) if the employee is under the direct supervision of a
  veterinarian.
         (d)  A copy of the dental chart of an equine animal is to be
  left with the person who authorizes an equine dental procedure and
  is to be made available to the supervising veterinarian upon
  request.
         Sec. 801.263.  LICENSED EQUINE DENTAL PROVIDER
  RESPONSIBILITY. A licensed equine dental provider shall be held to
  the same standard of care as a veterinarian when the provider
  performs the equine dental procedures described in Section
  801.262(b).
         Sec. 801.264.  JURISPRUDENCE EXAMINATION. The board shall
  develop and administer a jurisprudence examination for licensed
  equine dental providers to determine an applicant's knowledge of
  this chapter, board rules, and any other applicable laws of this
  state affecting the applicant's equine dentistry practice.
         SECTION 16.  Sections 801.303(b) and (c), Occupations Code,
  are amended to read as follows:
         (b)  A person whose license has been expired for 90 days or
  less may renew the license by paying to the board a renewal fee that
  is equal to the sum of 1-1/2 times the renewal fee set by the board
  under Section 801.154(a) and the additional fee required by Section
  801.154(b), if applicable.
         (c)  A person whose license has been expired for more than 90
  days but less than one year may renew the license by paying to the
  board a renewal fee that is equal to the sum of two times the renewal
  fee set by the board under Section 801.154(a) and the additional fee
  required by Section 801.154(b), if applicable.
         SECTION 17.  Section 801.304, Occupations Code, is amended
  to read as follows:
         Sec. 801.304.  FEE EXEMPTION. A veterinarian [license
  holder] is exempt from the fee requirements imposed under Section
  801.303 if the veterinarian [license holder]:
               (1)  is on active duty with the Armed Forces of the
  United States and does not engage in private or civilian practice;
  or
               (2)  is permanently and totally retired.
         SECTION 18.  Section 801.305(a), Occupations Code, is
  amended to read as follows:
         (a)  A person who was licensed to practice veterinary
  medicine in this state, moved to another state, and is currently
  licensed in good standing and has been in practice in the other
  state for the two years preceding the date of application may obtain
  a new license to practice veterinary medicine without
  reexamination.
         SECTION 19.  Section 801.306, Occupations Code, is amended
  to read as follows:
         Sec. 801.306.  INACTIVE STATUS. The board by rule may
  provide for the placement of a license holder [veterinarian] on
  inactive status. The rules adopted under this section must include
  a limit on the time a license holder [veterinarian] may remain on
  inactive status.
         SECTION 20.  Sections 801.307(a) and (b), Occupations Code,
  are amended to read as follows:
         (a)  The board by rule shall establish a minimum number of
  hours of continuing education required to renew a license to
  practice veterinary medicine.  The board shall require six hours of
  continuing education annually to renew an equine dental provider
  license.
         (b)  The board may:
               (1)  establish general categories of continuing
  education that meet the needs of license holders [veterinarians];
  and
               (2)  require a license holder [veterinarian] to
  successfully complete continuing education courses.
         SECTION 21.  Sections 801.352(b) and (c), Occupations Code,
  are amended to read as follows:
         (b)  A veterinarian may not:
               (1)  allow a person who does not hold a license to
  practice veterinary medicine issued under this chapter to interfere
  with or intervene in the veterinarian's practice of veterinary
  medicine; or
               (2)  submit to interference or intervention by a person
  who does not hold a license to practice veterinary medicine issued
  under this chapter.
         (c)  A veterinarian shall avoid a relationship that may
  result in interference with or intervention in the veterinarian's
  practice of veterinary medicine by a person who does not hold a
  license to practice veterinary medicine issued under this chapter.
         SECTION 22.  Section 801.3541, Occupations Code, is amended
  to read as follows:
         Sec. 801.3541.  LOCATION OF VETERINARY PRACTICE. The
  premises on which a veterinary practice is located may be owned by a
  person or other legal entity that does not hold a license to
  practice veterinary medicine issued under this chapter.
         SECTION 23.  Sections 801.402, 801.403, and 801.404,
  Occupations Code, are amended to read as follows:
         Sec. 801.402.  GENERAL GROUNDS FOR LICENSE DENIAL OR
  DISCIPLINARY ACTION. A person is subject to denial of a license or
  to disciplinary action under Section 801.401 if the person:
               (1)  presents to the board dishonest or fraudulent
  evidence of the person's qualifications;
               (2)  commits fraud or deception in the examination
  process or to obtain a license;
               (3)  is chronically or habitually intoxicated,
  chemically dependent, or addicted to drugs;
               (4)  engages in dishonest or illegal practices in, or
  connected with, the practice of veterinary medicine or the practice
  of equine dentistry;
               (5)  is convicted of a felony under the laws of this
  state, another state, or the United States;
               (6)  engages in practices or conduct that violates the
  board's rules of professional conduct;
               (7)  permits another to use the person's license to
  practice veterinary medicine or to practice equine dentistry in
  this state;
               (8)  fraudulently issues a health certificate,
  vaccination certificate, test chart, or other form used in the
  practice of veterinary medicine or the practice of equine dentistry
  that relates to the presence or absence of animal disease;
               (9)  issues a false certificate relating to the sale
  for human consumption of inedible animal products;
               (10)  commits fraud in connection with the application
  or reporting of a test of animal disease;
               (11)  pays or receives a kickback, rebate, bonus, or
  other remuneration for treating an animal or for referring a client
  to another provider of veterinary or equine dental services or
  goods;
               (12)  performs or prescribes unnecessary or
  unauthorized treatment;
               (13)  orders a prescription drug or controlled
  substance for the treatment of an animal without first establishing
  a veterinarian-client-patient relationship;
               (14)  refuses to admit a board representative to
  inspect the person's client and patient records and business
  premises during regular business hours;
               (15)  fails to keep the person's equipment and business
  premises in a sanitary condition;
               (16)  commits gross malpractice or a pattern of acts
  that indicate consistent malpractice, negligence, or incompetence
  in the practice of veterinary medicine or the practice of equine
  dentistry; or
               (17)  is subject to disciplinary action in another
  jurisdiction, including the suspension, probation, or revocation
  of a license to practice veterinary medicine or to practice equine
  dentistry issued by another jurisdiction.
         Sec. 801.403.  FAILURE TO REPORT DISEASE. The board may
  suspend or revoke a license to practice veterinary medicine, place
  a veterinarian [license holder] on probation, or reprimand a
  veterinarian [license holder] if the veterinarian [license holder]
  knowingly fails to report a disease to the Texas Animal Health
  Commission as required by Section 161.101, Agriculture Code.
         Sec. 801.404.  FAILURE TO MAINTAIN RECORDS. The board may
  suspend or revoke a license to practice veterinary medicine issued
  under this chapter or place on probation a veterinarian [license
  holder] if the veterinarian [license holder] fails to maintain
  records as required by Section 801.359.
         SECTION 24.  Section 801.502(a), Occupations Code, is
  amended to read as follows:
         (a)  The board, through the attorney general or a district or
  county attorney, may bring an action for an injunction, or a
  proceeding incident to an injunction, to:
               (1)  enforce this chapter; or
               (2)  enjoin a person, including a corporation,
  organization, business trust, estate, trust, partnership,
  association, or other legal entity, from practicing veterinary
  medicine or equine dentistry in violation of this chapter.
         SECTION 25.  Sections 801.506(a) and (b), Occupations Code,
  are amended to read as follows:
         (a)  A sole proprietorship, partnership, or corporation may
  not engage in veterinary medicine unless the owner, each partner,
  or each shareholder, as appropriate, holds a license to practice
  veterinary medicine issued under this chapter.
         (b)  A corporation, organization, business trust, estate,
  trust, partnership, association, or other legal entity not owned
  exclusively by one or more persons licensed to practice veterinary
  medicine under this chapter may not engage in veterinary medicine.
         SECTION 26.  Section 801.508(a), Occupations Code, is
  amended to read as follows:
         (a)  If it appears to the board that a person is engaging in
  an act or practice that constitutes the practice of veterinary
  medicine without a license or the practice of equine dentistry
  without a license under this chapter, the board, after notice and
  opportunity for a hearing, may issue a cease and desist order
  prohibiting the person from engaging in the activity.
         SECTION 27.  Chapter 801, Occupations Code, is amended by
  adding Subchapter L to read as follows:
  SUBCHAPTER L.  EQUINE DENTAL PROVIDER ADVISORY COMMITTEE
         Sec. 801.551.  EQUINE DENTAL PROVIDER ADVISORY COMMITTEE.  
  (a)  The equine dental provider advisory committee is an informal
  advisory committee to the board and is not subject to Chapter 2110,
  Government Code.
         (b)  The advisory committee does not have any independent
  rulemaking authority but shall advise and assist the board in
  adopting rules relating to licensed equine dental providers.
         (c)  The board shall consult the advisory committee
  regarding matters relating to a disciplinary action that involves a
  licensed equine dental provider.
         Sec. 801.552.  APPOINTMENT OF ADVISORY COMMITTEE. (a)  The
  equine dental provider advisory committee is composed of three
  members appointed by the presiding officer of the board as follows:
               (1)  two members who are licensed equine dental
  providers, have resided in and engaged in the practice of smoothing
  or filing teeth by floating in this state for the five years
  immediately preceding the date of appointment, and are of good
  repute; and
               (2)  one veterinarian member who is active and in good
  standing and who supervises a licensed equine dental provider.
         (b)  Notwithstanding Subsection (a)(1), the advisory
  committee members appointed under Subsection (a)(1) are not
  required to hold a license to practice equine dentistry issued
  under this chapter until September 1, 2012.  This subsection
  expires September 1, 2013.
         (c)  Appointments to the advisory committee shall be made
  without regard to the race, color, disability, sex, religion, age,
  or national origin of the appointees.
         Sec. 801.553.  TERMS; VACANCY. (a)  Members of the equine
  dental provider advisory committee are appointed for staggered
  six-year terms. The terms of the members expire on February 1 of
  each odd-numbered year.
         (b)  If a vacancy occurs during a member's term, the
  presiding officer of the board shall appoint a new member to fill
  the unexpired term.
         (c)  An advisory committee member may not serve more than two
  consecutive full terms.
         Sec. 801.554.  GROUNDS FOR REMOVAL. (a)  It is a ground for
  removal from the equine dental provider advisory committee that a
  member:
               (1)  does not have at the time of appointment the
  qualifications required by Section 801.552;
               (2)  does not maintain during service on the advisory
  committee the qualifications required by Section 801.552; and
               (3)  cannot, because of illness or disability,
  discharge the member's duties for a substantial part of the member's
  term.
         (b)  The validity of an action of the advisory committee is
  not affected by the fact that it is taken when a ground for removal
  of an advisory committee member exists.
         Sec. 801.555.  OFFICERS. The presiding officer of the board
  shall designate biennially an equine dental provider advisory
  committee member as the presiding officer of the advisory committee
  to serve in that capacity at the will of the presiding officer of
  the board.
         Sec. 801.556.  REIMBURSEMENT; COMPENSATION. An equine
  dental provider advisory committee member is not entitled to
  reimbursement for travel expenses or compensation.
         Sec. 801.557.  MEETINGS. (a)  The equine dental provider
  advisory committee shall meet at the call of the presiding officer
  of the board.
         (b)  A meeting may be held by telephone conference call.
         SECTION 28.  Subchapter F, Chapter 411, Government Code, is
  amended by adding Section 411.0995 to read as follows:
         Sec. 411.0995.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION:  STATE BOARD OF VETERINARY MEDICAL EXAMINERS. The
  State Board of Veterinary Medical Examiners is entitled to obtain
  from the department criminal history record information maintained
  by the department that relates to a person who is:
               (1)  an applicant for a license to practice equine
  dentistry under Chapter 801, Occupations Code; or
               (2)  the holder of a license under that chapter.
         SECTION 29.  (a)  Not later than October 1, 2011, the
  presiding officer of the State Board of Veterinary Medical
  Examiners shall appoint the initial members of the equine dental
  provider advisory committee established under Subchapter L,
  Chapter 801, Occupations Code, as added by this Act, with the term
  of one member expiring February 1, 2013, the term of one member
  expiring February 1, 2015, and the term of one member expiring
  February 1, 2017.
         (b)  Not later than June 1, 2012, the State Board of
  Veterinary Medical Examiners, in consultation with the equine
  dental provider advisory committee established under Subchapter L,
  Chapter 801, Occupations Code, as added by this Act, shall adopt the
  rules, procedures, and jurisprudence examination required to
  implement the licensure of equine dental providers under Chapter
  801, Occupations Code, as amended by this Act.
         (c)  Notwithstanding Section 801.260, Occupations Code, as
  added by this Act, a person employed as an equine dental provider is
  not required to hold a license under Chapter 801, Occupations Code,
  and is not subject to the imposition of a penalty for not holding a
  license under that chapter before September 1, 2012.
         SECTION 30.  (a)  Before September 1, 2012, the State Board
  of Veterinary Medical Examiners shall issue an equine dental
  provider license required by Section 801.260, Occupations Code, as
  added by this Act, to a person who is not certified by the
  International Association of Equine Dentistry or another
  board-approved entity or organization if the person:
               (1)  presents proof of graduation from and completion
  of 280 hours of course work at a board-approved equine dental school
  or another board-approved entity or organization; and
               (2)  submits, with the application and other
  information required under Section 801.261(b), Occupations Code,
  as added by this Act, two notarized affidavits in which
  veterinarians who are licensed to practice in this state and are in
  good standing with the board state that they know the person and
  that the person is competent in the practice of smoothing or filing
  teeth by floating.
         (b)  A license issued under this section may be renewed in
  the same manner as a license issued to a person under Section
  801.261, Occupations Code, as added by this Act.
         (c)  The State Board of Veterinary Medical Examiners may
  waive the requirement of Subsection (a)(1) if an applicant
  demonstrates proficiency by submitting:
               (1)  financial records that show the applicant has
  earned the majority of the applicant's income for the two years
  preceding the effective date of this Act by performing equine
  dental services; or
               (2)  sworn affidavits from at least two clients who
  certify that the applicant has performed satisfactorily in
  addressing the dental needs of the client's animal.
         (d)  This section expires September 1, 2012.
         SECTION 31.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 414 was passed by the House on April
  7, 2011, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 414 on May 24, 2011, 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. 414 on May 29, 2011, by the following vote:  Yeas 140,
  Nays 4, 1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 414 was passed by the Senate, with
  amendments, on May 20, 2011, by the following vote:  Yeas 31, Nays
  0; 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.
  414 on May 29, 2011, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor