February 1, 1999



	The Senate met at 1:30 p.m. pursuant to adjournment and was called to order by the President. The roll was called and the following Senators were present: Armbrister, Barrientos, Bernsen, Bivins, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Luna, Madla, Moncrief, Nelson, Nixon, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini. The President announced that a quorum of the Senate was present. The Reverend John McMullen, Senior Pastor, First United Methodist Church, Austin, offered the invocation as follows: O God of all our days, we ask Your blessing for these days, the days of this session during which we are set aside to be the people's people. We pray for a sense of Your vision, a sense of what we need to do together to benefit and serve all the people of this state. We pray Your presence throughout the session that at its end we will know that we have served Your people well and that we have served You well. We pray for this day, this day with its specific sets of decisions, with its specific sets of negotiations, with its specific sets of interactions and competing claims. Give us clarity, give us insight, give us strength to handle our dealings in such a way that we benefit the overall work of this session and move ourselves closer to the society You would have us be. O God of all our days, bless us as we proceed through this particular day. Amen. On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of Thursday, January 28, 1999, was dispensed with and the Journal was approved. CO-AUTHOR OF SENATE BILL 27 On motion of Senator Nelson and by unanimous consent, Senator Madla will be shown as Co-author of SB 27. CO-AUTHORS OF SENATE BILL 173 On motion of Senator Cain and by unanimous consent, Senators Nixon and Ratliff will be shown as Co-authors of SB 173. CO-AUTHOR OF SENATE BILL 262 On motion of Senator Brown and by unanimous consent, Senator Madla will be shown as Co-author of SB 262. CO-AUTHOR OF SENATE CONCURRENT RESOLUTION 2 On motion of Senator Truan and by unanimous consent, Senator Shapleigh will be shown as Co-author of SCR 2. CO-AUTHOR OF SENATE CONCURRENT RESOLUTION 3



	On motion of Senator Truan and by unanimous consent, Senator Shapleigh will be shown as Co-author of SCR 3. CAPITOL PHYSICIAN Senator Truan was recognized and presented Dr. Jose Ugarte of Kingsville, accompanied by his wife, Adelina, and his children, Shawn, Cheyenia, and Phillip, as the "Doctor for the Day." The Senate welcomed Dr. Ugarte and thanked him for his participation in the "Capitol Physician" program sponsored by the Texas Academy of Family Physicians. MESSAGE FROM THE HOUSE HOUSE CHAMBER Austin, Texas February 1, 1999 The Honorable President of the Senate Senate Chamber Austin, Texas Mr. President: I am directed by the House to inform the Senate that the House has taken the following action: THE HOUSE HAS PASSED THE FOLLOWING MEASURES: HCR 46, In memory of Petra Garcia Torres. HCR 53, Honoring the Colorado River Municipal Water District for 50 years of service to West Texans. HCR 54, Congratulating Dr. Ronald K. Calgaard on his retirement from Trinity University. Respectfully, /s/Sharon Carter, Chief Clerk House of Representatives INTRODUCTION OF BILLS AND RESOLUTIONS POSTPONED Senator Truan moved to postpone the introduction of bills and resolutions on first reading until the end of today's session. The motion prevailed without objection. MESSAGE FROM THE GOVERNOR The following Message from the Governor was read and was referred to the



	Committee on Nominations: Austin, Texas January 29, 1999 TO THE SENATE OF THE SEVENTY-SIXTH LEGISLATURE, REGULAR SESSION: I ask the advice, consent and confirmation of the Senate with respect to the following appointments: TO BE STATE COMMISSIONER OF EDUCATION for a term of office of four years commensurate with the term of the Governor: Michael Alton Moses, Ph.D. Commissioner of Education 1701 North Congress Avenue Austin, Texas 78701-1494 Dr. Moses is being reappointed. TO BE A MEMBER OF THE BOARD OF VOCATIONAL NURSE EXAMINERS for a term to expire September 6, 1999: Melody Lavon Hart 200 Lonis Road Andrews, Texas 79714 Ms. Hart is being reappointed as she is now eligible to serve in an LVN position. TO BE A MEMBER OF THE TEXAS LOTTERY COMMISSION for a term to expire February 1, 2005: Carlton Thomas Clowe, Jr. 3521 North Ridge Waco, Texas 76710 Mr. Clowe is being reappointed. Respectfully submitted, /s/George W. Bush Governor MEMORANDUM FROM THE GOVERNOR The following official memorandum from the Governor was read and was filed with the Secretary of the Senate: OFFICIAL MEMORANDUM STATE OF TEXAS OFFICE OF THE GOVERNOR Educating the children of Texas is one of our most important responsibilities. Every two years, the Legislature allocates billions of dollars of state funds to the hiring and retention of qualified teachers and the purchase and maintenance of new technology to ensure that all students have the opportunity to achieve their highest potential.



	The 1999 Texas Capitol Schoolhouse gives students and teachers a chance to show that this money is being well spent. On February 1-2, they will come from across the Lone Star State to demonstrate to legislators and other state officials how high tech is being used in schools to improve the learning process. Whether they are using word processing software to prepare a report, gleaning articles from a CD-ROM encyclopedia or searching the web for written information, images and sounds, these students and teachers provide a poignant lesson on the educational benefits of computers and the Internet. I welcome the Texas Capitol Schoolhouse participants to Austin and encourage all Texans to learn more about how technology is enhancing learning in our schools and preparing youngsters for the challenges of the 21st century. Therefore, I, George W. Bush, Governor of Texas, do hereby proclaim February 1-2, 1999, Texas Capitol Schoolhouse Days in Texas, and urge the appropriate recognition whereof. In official recognition whereof, I hereby affix my signature this 29th day of January, 1999. /s/George W. Bush Governor of Texas (Senator Ratliff in Chair) GUEST PRESENTED Senator Gallegos was recognized and introduced to the Senate Congressman Gene Green of Houston. The Senate welcomed Congressman Green. SENATE RESOLUTION 112 Senator Moncrief offered the following resolution: WHEREAS, The city of Fort Worth has existed nearly as long as the state of Texas itself, and 1999 marks the 150th anniversary of the city known as Cowtown; and WHEREAS, Named for General William Jenkins Worth, the city was founded in 1849 when a company of U.S. Army soldiers established a fort at the confluence of the two forks of the Trinity River to provide protection for settlers; and WHEREAS, From its humble beginnings, Fort Worth has grown to become America's 28th-largest city and is home to a diverse population and a solid industrial base with a well-trained workforce; and WHEREAS, The city's economic and social success is based largely on the formation of various public and private partnerships, such as the Alliance Corridor Project, a cooperative venture of city, state, and federal organizations that has resulted in the creation of a world-class economic development center; and WHEREAS, Cowtown earned its nickname during the late 1860s, when a band of



	cattlemen drove the first of many thousands of head of cattle across the Trinity River on their way to the Chisholm Trail; it seems that residents of neighboring Dallas proved most unhelpful in assisting the cowboys in their search for a place to ford the river, while Fort Worther Charles Daggett was more than willing to lead the cattlemen to an advantageous crossing point on that fateful spring day in 1866; and WHEREAS, The citizens of Fort Worth are justifiably proud of their city, with its blend of exceptional people, thriving business opportunities, unique culture and heritage, and other quality-of-life assets, and it is with great pleasure that the members of this chamber pay tribute to the many noteworthy individuals who have contributed to the success of this estimable city; now, therefore, be it RESOLVED, That the Senate of the 76th Texas Legislature hereby recognize the 150th anniversary of the city of Fort Worth and extend best wishes to its many fine residents; and, be it further RESOLVED, That an official copy of this resolution be prepared for the citizens of Fort Worth as an expression of highest regard by the Texas Senate. MONCRIEF HARRIS NELSON SIBLEY The resolution was read and was adopted by a viva voce vote. GUESTS PRESENTED Senator Moncrief was recognized and introduced to the Senate Fort Worth Mayor Kenneth Barr; City Manager Bob Terrell; Assistant City Manager Mike Groomer; and City Council Members, Frank Moss, Cathy Hirt, Clyde Picht, Becky Haskin, Jeff Wentworth, and Ralph McCloud; accompanied by Mrs. Picht. The Senate welcomed its guests. SENATE RESOLUTION 117 Senator West offered the following resolution: WHEREAS, The Senate of the State of Texas takes pride in joining citizens throughout the country in recognizing February of 1999 as Black History Month; and WHEREAS, Carter Godwin Woodson, now known as the Father of Black History, originally designated a week in February of 1926 as Negro History Week; Carter Woodson was the son of former slaves and grew up in an indigent setting; a remarkable individual, he earned a college degree later in life and a doctorate in history from Harvard University; he became a successful educator and the author of several publications and books; and WHEREAS, Mr. Woodson's designated week of celebration was later promoted by the Association for the Study of Afro-American Life and History, which supported changing what had become known as Black History Week into a monthlong event; its observance was officially expanded when President Jimmy Carter proclaimed February as Black History Month in 1976; and WHEREAS, It is appropriate that our nation pay tribute to the men and women who have strengthened our country through their many achievements and their



	heritage; and WHEREAS, The outstanding accomplishments of individuals from black cultures are legendary throughout our history, and they have contributed in countless ways to our country's enrichment; and WHEREAS, Black History Month provides American citizens an opportunity to express appreciation to the black men and women who have made innumerable contributions to our society, and to the many talented black leaders, such as Martin Luther King, Jr., who have inspired Americans to reaffirm their commitment to equal justice and opportunity for all; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby commend the observance of Black History Month and encourage citizens across the state to celebrate this nation's African-American heritage; and, be it further RESOLVED, That a copy of this Resolution be prepared in honor of Black History Month. The resolution was read and was adopted by a viva voce vote. GUEST PRESENTED Senator Harris was recognized and introduced to the Senate Mayor Elzie Odom of Arlington. The Senate welcomed Mayor Odom. SENATE BILLS REREFERRED On motion of Senator Zaffirini and by unanimous consent, the following bills were withdrawn from the Committee on Health Services and were rereferred to the Committee on Human Services: SB 18, SB 19, SB 20, SB 109. MOTION IN WRITING Senator Moncrief submitted the following Motion In Writing: Mr. President, pursuant to Rule 2.07 I move that the pertinent part of Rule 2.02 be suspended for the balance of the session to allow admission of a person covered by Section 573.061(5) of the Government Code. MONCRIEF By unanimous consent, the Motion In Writing prevailed. RESOLUTION SIGNED The Presiding Officer, Senator Ratliff in Chair, announced the signing of the following enrolled resolution in the presence of the Senate: HCR 49. MOTION TO ADJOURN On motion of Senator Truan and by unanimous consent, the Senate at 1:51 p.m. agreed to adjourn, upon completion of the introduction of bills and resolutions on first reading, in memory of Kathryn Tyre of Houston, until 10:00 a.m. tomorrow.



	(Senator West in Chair) SENATE BILLS AND RESOLUTIONS ON FIRST READING The following bills and resolutions were introduced, read first time, and referred to the committees indicated: SB 273 by Fraser Relating to class actions. To Subcommittee on Technology and Business Growth. SB 274 by Bivins, Haywood, Sibley, Fraser Relating to class actions. To Subcommittee on Technology and Business Growth. SB 275 by Ellis, Barrientos, Cain, Gallegos, Lucio, Luna, Moncrief, Truan, West, Whitmire, Bernsen, Shapleigh Relating to the investigation and prosecution of an offense motivated by bias or prejudice and to other remedies for and protections against certain hateful acts. To Committee on Criminal Justice. SB 276 by Gallegos Relating to the creation of the Greater East End Management District; authorizing the issuance of bonds and the imposition of taxes. To Committee on Intergovernmental Relations. SB 277 by Carona Relating to rendition by the attorney general of decisions requested under the open records law. To Committee on State Affairs. SB 278 by Carona Relating to allowing the General Services Commission to audit the procedures used by a governmental body to process requests for public information. To Committee on State Affairs. SB 279 by Carona Relating to the charge for providing public information requested for an official purpose by a governmental body under the open records law. To Committee on State Affairs. SB 280 by Bivins, West, Wentworth Relating to graduated driver licensing. To Committee on Criminal Justice. SB 281 by Madla Relating to substitute teachers employed by school districts. To Committee on Education. SB 282 by Madla Relating to the automatic admission of certain undergraduate transfer students. To Committee on Education. SB 283 by West Relating to the requirement that a juvenile board adopt guidelines for the informal disposition of a child.



	To Committee on Criminal Justice. SB 284 by Brown Relating to the fee collected by a prosecutor for collecting and processing a dishonored or forged check or similar sight order. To Committee on Criminal Justice. SB 285 by Ellis Relating to the establishment of a scholarship program to provide Texas high school students with scholarships to Texas institutions of higher education. To Subcommittee on Higher Education. SB 286 by Brown, Madla, Lucio Relating to the allocation of certain sales tax revenue to the Parks and Wildlife Department. To Committee on Finance. SB 287 by Brown Relating to the Texas parks and wildlife capital account. To Committee on Natural Resources. SB 288 by Carona Relating to coverage under certain health benefit plans for treatment of a child for craniofacial abnormalities. To Committee on Economic Development. SB 289 by Lindsay Relating to voter approval of annexations proposed by certain municipalities. To Committee on Intergovernmental Relations. SB 290 by Brown, Armbrister, Fraser, Ratliff, Haywood, Duncan Relating to a temporary exemption from the severance tax for oil and gas produced from wells under certain market conditions. (Submitted by Governor as an emergency matter) To Committee on Finance. SB 291 by Nixon Relating to enforcement of the motor vehicle safety-responsibility requirements. To Committee on Economic Development. SB 292 by Nixon Relating to a self-directed investment option for participants in the Teacher Retirement System of Texas. To Committee on State Affairs. SB 293 by Harris Relating to the statutory terminology used to describe certain disadvantaged public school students. To Committee on Education. SB 294 by Harris Relating to the appointment of probate masters for certain courts. To Committee on Jurisprudence. SB 295 by Jackson Relating to the servicing of a portable fire extinguisher. To Committee on Economic Development.



	SB 296 by Jackson Relating to the validation of all acts, governmental proceedings, officials, bonds, and obligations of navigation districts and port authorities. To Committee on Natural Resources. SB 297 by Armbrister, Carona Relating to the authority of a municipality to implement a photographic traffic monitoring system; providing for imposition of a civil penalty. To Committee on Intergovernmental Relations. SB 298 by Armbrister Relating to withdrawal of a unit from a rapid transit authority. To Subcommittee on Infrastructure. SB 299 by Brown, Jackson Relating to the issuance of revenue bonds for the University of Houston-Clear Lake. To Subcommittee on Higher Education. SB 300 by Truan Relating to the use by political subdivisions that receive state financial assistance for water supply and sewer projects in economically distressed areas of the revenue received from those projects. To Committee on Border Affairs - Special. SB 301 by Ellis Relating to sales tax exemptions for children's clothing. To Committee on Finance. SB 302 by Lucio Relating to the civil and criminal consequences of operating a motor vehicle, a watercraft, or an aircraft while intoxicated. To Committee on Criminal Justice. SB 303 by West Relating to the Texas Information and Referral Network. To Committee on Human Services. SB 304 by Truan, Duncan, Lucio, Shapleigh, Sibley, Zaffirini Relating to coordinating colonia initiatives. To Committee on Border Affairs - Special. SB 305 by Brown Relating to contracts by school districts, institutions of higher education, and state agencies for water conservation measures. To Committee on Natural Resources. SB 306 by Lucio Relating to the eligibility of certain defendants convicted of felonies for release on bail pending appeal. To Committee on Criminal Justice. SB 307 by Carona Relating to the postal service instructions for return service included on the exterior



	of an ad valorem tax bill. To Committee on Intergovernmental Relations. SB 308 by Carona Relating to the regulation of the sale and use of certain refrigerants. To Committee on Economic Development. SB 309 by Nixon Relating to a limitation on buildings that may be used as a polling place for certain elections. To Committee on State Affairs. SB 310 by Cain Relating to the regulation of occupational therapists; providing for administrative penalties. To Committee on Health Services. SB 311 by Ogden Relating to speeding offenses eligible for dismissal of a charge on completion of a driving safety course. To Committee on Criminal Justice. SB 312 by Barrientos Relating to the regulation of amusement rides; providing a penalty. To Committee on Economic Development. SB 313 by Madla, Luna, Duncan Relating to the number of authorized defense projects within a defense readjustment zone. To Committee on Veteran Affairs and Military Installations. SB 350 by Madla Relating to the continuation and functions of the Texas Cancer Council. To Committee on Health Services. SJR 1 by Ratliff Proposing a revision of the Texas Constitution. To Committee on State Affairs. SJR 6 by Nelson, Harris Proposing a constitutional amendment to reserve to the people the powers of initiative and referendum. To Committee on State Affairs. SJR 7 by Nelson Proposing a constitutional amendment to limit the time that a person may serve in legislative office or in certain elective executive offices. To Committee on State Affairs. SJR 8 by Carona Proposing a constitutional amendment authorizing the legislature to delegate to a state agency or officer authority to adopt rules interpreting home equity lending law. To Subcommittee on Technology and Business Growth. SJR 9 by Duncan, Ellis



	Proposing a constitutional amendment providing for gubernatorial appointment to fill vacancies in the offices of appellate justices and judges, for nonpartisan retention elections for those justices and judges, and for gubernatorial appointment to fill vacancies in the office of district judge in accordance with certain standards. To Committee on Jurisprudence. SJR 10 by Brown Proposing a constitutional amendment relating to the creation of a judicial compensation commission. To Committee on Finance. SJR 11 by Gallegos Proposing a constitutional amendment providing for the appointment of appellate justices and judges by the governor with retention elections on a nonpartisan ballot for those justices and judges, for the nonpartisan election and retention or rejection of district judges, for the election of certain district judges from state representative districts or commissioners court precincts, and for the alteration of the terms of certain judicial offices. To Committee on Jurisprudence. SJR 12 by Carona, Ellis Proposing a constitutional amendment relating to the making of advances under and payment of a reverse mortgage. To Committee on State Affairs. SJR 14 by Nelson Proposing a constitutional amendment relating to securing an equity loan with one or more lots containing all or part of an urban homestead plus other nonhomestead real property. To Subcommittee on Technology and Business Growth. SJR 15 by Harris Proposing a constitutional amendment relating to transactions in connection with an encumbrance on a homestead by an incapacitated person. To Committee on State Affairs. SJR 16 by Barrientos, Zaffirini, Cain, Gallegos, Lucio, Moncrief, Nixon, Shapleigh, Truan Proposing a constitutional amendment providing for the issuance of general obligation bonds to finance educational loans to students. To Subcommittee on Higher Education. SJR 17 by Armbrister Proposing a constitutional amendment declaring that the taking of property to provide an access easement to land that does not have a means of access constitutes and serves a public use and purpose. To Committee on State Affairs. SCR 18 by Nixon Granting Anderson Columbia Environmental, Inc., permission to sue the state and the Texas Natural Resource Conservation Commission. To Committee on Jurisprudence. SCR 19 by Whitmire



	Granting the Texas DeMolay Association permission to use the chambers of the senate and house of representatives on February 20 and 21, 1999, and February 19 and 20, 2000, for its legislative seminar. To Committee on Administration. MEMORIAL RESOLUTIONS SR 109 - by Truan: In memory of Jesus C. Rodriguez of Robstown. SR 110 - by Barrientos, Brown: In memory of Suzie Pena Sutherland of Austin. SR 115 - by Wentworth: In memory of Manuel "MeMe" Lombrana of San Angelo. CONGRATULATORY RESOLUTIONS SR 111 - by Ratliff: Congratulating Christopher Marc Neff of Longview. SR 113 - by Lucio: Congratulating Walter and Dorothy Callen of Harlingen. SR 116 - by Cain: Congratulating Frances Hamman Stiles and Jack L. Stiles of Smith County. SR 118 - by Nelson: Congratulating Dr. Jack Christie of the State Board of Education. ADJOURNMENT Pursuant to a previously adopted motion, the Senate at 2:00 p.m. adjourned, in memory of Kathryn Tyre of Houston, until 10:00 a.m. tomorrow.