The Senate met at 10:00 a.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, Ogden, Ratliff, Shapiro, Shapleigh, Sibley, Truan, Wentworth, West, Whitmire, Zaffirini.

Absent-excused: Nixon.

The President announced that a quorum of the Senate was present.

The Reverend Dr. Larry L. Bethune, Pastor, University Baptist Church, Austin, offered the invocation as follows:

God of many names, God of presence and promise, God of the rainbow and the rain, loving creator of us all:

You have blessed us with a new day, prosperity enough to share, rich opportunity to do good, and caring communities of family, friends, congregations, and constituents to call out our best. Thank You for the gift of a meaningful labor which can extend the benefits of freedom and lift the level of life for all people. Thank You for the grace to revise and extend our remarks, that we might correct our mistakes and continue the journey towards wholeness.

We ask You to guide and guard all the people of Texas as they go about their duties today. Bless our families and partnerships, our teachers, and our children. Bless the peacemakers and open doors through the walls that divide us that we might live together in peace. Grant hope and healing to those who are living with life-threatening illness, especially our friend and colleague, Bob Bullock, and work through the healing gifts of those who surround them. Stand with those who are experiencing crisis or loss, and teach us to be a community of care for all who suffer, for You have called us to take care of one another. May justice be found in our courts and righteousness in our laws that You might be pleased with us as a people.

Thank You for these women and men of the Texas Senate: Senators and aides, secretaries and support teams who labor with the challenge of democracy in order that we might all share in its benefits. Bless them and make them worthy of the work to which You have called them today. We confess that while in our hearts we long to make our state a place of justice and prosperity for all the wonderful diversity of people You have sent us, we are not always able to agree or to see clearly how to arrive at the goal. We need Your help, a wisdom beyond our own, a vision which transcends our divided loyalties, and an uncommon good sense.

Let these legislators carry in their hearts today the hopes and aspirations of all the people of Texas. Fill them with Your compassion and courage. Open their ears to listen to one another and their eyes to see Your ways. Make them sensitive to the wounds of injustice and the cries for mercy from those who are cut off from the prosperity most of us enjoy. And as they bear the responsibility of leading our state, let them also feel the gratitude and prayers of our citizens. Above all, let the sense

of Your loving, calling presence we feel in this moment remain with us through this day that when we come to our evening rest we might be able with clear conscience and grateful heart to know we have acted honorably and faithfully in the name of God. Amen.

On motion of Senator Truan and by unanimous consent, the reading of the Journal of the proceedings of yesterday was dispensed with and the Journal was approved.

LEAVE OF ABSENCE

On motion of Senator Ratliff, Senator Nixon was granted leave of absence for today on account of important business.

CO-AUTHORS OF SENATE BILL 86

On motion of Senator Nelson and by unanimous consent, Senators Cain and Sibley will be shown as Co-authors of SB 86.

CO-AUTHOR OF SENATE BILL 93

On motion of Senator Moncrief and by unanimous consent, Senator Ellis will be shown as Co-author of SB 93.

CO-AUTHOR OF SENATE BILL 94

On motion of Senator Moncrief and by unanimous consent, Senator Ellis will be shown as Co-author of SB 94.

CO-AUTHORS OF SENATE BILL 95

On motion of Senator Moncrief and by unanimous consent, Senators Haywood and Ellis will be shown as Co-authors of SB 95.

CO-AUTHOR OF SENATE BILL 96

On motion of Senator Moncrief and by unanimous consent, Senator Haywood will be shown as Co-author of SB 96.

CO-AUTHOR OF SENATE BILL 290

On motion of Senator Brown and by unanimous consent, Senator Duncan will be shown as Co-author of SB 290.

CO-AUTHORS OF SENATE BILL 379

On motion of Senator Cain and by unanimous consent, Senators Gallegos and Wentworth will be shown as Co-authors of SB 379.

CO-AUTHOR WITHDRAWN

Senator Bivins requested that his name be withdrawn as Co-author of SB 290.

The request was granted.

SENATE BILLS AND RESOLUTIONS ON FIRST READING

The following bills and resolutions were introduced, read first time, and referred to the committees indicated:

SB 355 by Harris

Relating to the continuation and functions of the Texas Incentive and Productivity Commission.

To Committee on State Affairs.

SB 356 by Brown

Relating to the abolition of the Texas Hospital Equipment Financing Council.

To Committee on State Affairs.

SB 422 by Harris

Relating to the sealing of juvenile records.

To Committee on Jurisprudence.

SB 423 by Harris

Relating to the operation, funding, and administration of certain workforce development programs.

To Committee on Economic Development.

SB 424 by Carona

Relating to the examination required for certification as a court reporter.

To Committee on Jurisprudence.

SB 425 by Ellis, Bernsen, Zaffirini

Relating to the provision of scholarships and wage supplementation for professional child-care workers.

To Committee on Human Services.

SB 426 by Ellis, Bernsen, Zaffirini

Relating to a franchise tax credit for an employer that purchases or subsidizes child-care services for employees.

To Committee on Finance.

SB 427 by Sibley

Relating to the penalty for certain interstate shipment of alcoholic beverages.

To Committee on Economic Development.

SB 428 by Barrientos

Relating to school district policies and procedures for terminating the employment of certain educational support employees.

To Committee on Education.

SB 429 by Barrientos

Relating to participation in, contributions to, and benefits and administration of retirement systems for police officers in certain municipalities.

To Committee on Intergovernmental Relations.

SB 430 by Barrientos

Relating to the punishment for certain Class C habitual offenders.

To Committee on Criminal Justice.

SB 431 by Barrientos

Relating to benefits and administration of retirement systems for firefighters in certain municipalities.

To Committee on Intergovernmental Relations.

SB 432 by Ratliff

Relating to the designation of a registration period of less than 12 months by the

owner of a motor vehicle or a trailer.

To Committee on State Affairs.

SB 433 by Ratliff

Relating to the payment of certain motor vehicle registration fees for a period longer than 12 months.

To Committee on State Affairs.

SB 434 by Brown

Relating to the disclosure of certain information by a property owners' association.

To Committee on State Affairs.

SB 435 by Carona

Relating to the deadline for the adoption of an optional exemption from ad valorem taxation on residence homesteads.

To Committee on Intergovernmental Relations.

SCR 24 by Carona

Granting DalMac Construction Company, Inc. permission to sue the State and Texas A&M University.

To Committee on Jurisprudence.

SCR 25 by Wentworth

Granting permission to the YMCA youth and government program for the use of the House and Senate chambers, auditorium and comittee rooms on March 4, 5, 6 and 7, 1999 and on January 27, 28, 29 and 30, 2000.

To Committee on Administration.

HOUSE RESOLUTION ON FIRST READING

The following resolution received from the House was read first time and referred to the committee indicated:

HCR 33 to Committee on Administration.

MESSAGE FROM THE GOVERNOR

The following Message from the Governor was read and was referred to the Committee on Nominations:

Austin, Texas

February 8, 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 COMMISSIONER OF INSURANCE for a term to expire February 1, 2001:

Jose O. Montemayor

10113 Wild Dunes Drive

Austin, Texas 78747

Commissioner Montemayor is being reappointed.

TO BE MEMBERS OF THE TEXAS PARKS AND WILDLIFE COMMISSION for terms to expire February 1, 2005:

Alvin L. Henry

9939 Shady Drive

Houston, Texas 77016

(replacing Mickey Burleson of

Temple whose term expired)

Katharine Armstrong Idsal

4519 Westway Avenue

Dallas, Texas 75205

(replacing Ray Clymer, Jr.

of Wichita Falls whose term expired)

Mark E. Watson, Jr.

215 Charles Road

San Antonio, Texas 78209

(replacing Susan Howard of Fair Oaks

Ranch whose term expired)

Respectfully submitted,

/s/George W. Bush

Governor

GUESTS PRESENTED

Senator Nelson was recognized and introduced to the Senate students from Nimitz High School in Irving.

The Senate welcomed its guests.

(Senator Armbrister in Chair)

SENATE RESOLUTION 181

Senator Madla offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pride in joining citizens across the nation in recognizing National LULAC Week and in proclaiming February 14-20, 1999, as LULAC Week in the State of Texas; and

WHEREAS, The League of United Latin American Citizens (LULAC) was founded in the City of Corpus Christi on February 17, 1929, by individuals of vision and determination; their goal was to improve the lives of Hispanic citizens and to find solutions to problems in the fields of civil rights, education, and government; and

WHEREAS, Since its establishment, LULAC has fought for the civil rights of Hispanics and other minorities and has provided job training and found employment opportunities for thousands of minority citizens through the highly successful Jobs for Progress, Incorporated, better known as "SER"; and

WHEREAS, The organization has helped to provide housing for Hispanics in need and has launched a wide variety of programs for youths, women, and the elderly; through its National Education Service Centers, it has helped Hispanic youths to seek higher education and has provided more than $2 million in scholarships; it influenced the formation of the Headstart program through its creation of the "Little Schools of

the 400"; and

WHEREAS, LULAC has helped to initiate litigation against segregation of Hispanics in public schools and has guaranteed Hispanics various constitutional rights; and

WHEREAS, Individuals who deserve recognition for their outstanding work in furthering the organization's goals include Enrique "Rick" Dovalina, Current National President of LULAC, Houston; Belen B. Robles, Immediate Past National President of LULAC, El Paso; and Angie Garcia, LULAC State Director, San Antonio; and

WHEREAS, Rick Dovalina has been a LULAC member since 1986 in Houston Council 673 and was a member of the Houston SER board of directors; he has served as president, treasurer, and legal advisor of Council 673 and was a legal advisor to the previous LULAC national president; he was elected national president on July 4, 1998, and has provided the organization with first-rate leadership; he has received numerous awards for his dedicated service to LULAC and his many accomplishments; and

WHEREAS, While serving as LULAC's first woman National President, Belen Robles organized the first LULAC Education Summit and the first LULAC Civil Rights Symposium; she represented all Hispanics at the International Summit of the Americas and organized a summit to evaluate the contract with America and its impact on Hispanics; she has been an active member of LULAC for nearly 40 years; and

WHEREAS, The oldest and largest Hispanic civil rights organization in the country, LULAC is an exemplary organization that has helped Hispanics throughout the United States enjoy a greater degree of participation in the affairs of their communities; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby commend the League of United Latin American Citizens on its exceptional accomplishments and declare February 14-20, 1999, as National LULAC Week in Texas; and, be it further

RESOLVED, That a copy of this Resolution be prepared for Enrique Dovalina, Belen B. Robles, and Angie Garcia as an expression of esteem from the Texas Senate.

MADLA MONCRIEF

BARRIENTOS SHAPLEIGH

ELLIS TRUAN

GALLEGOS WEST

LUCIO WHITMIRE

LUNA ZAFFIRINI

The resolution was read.

On motion of Senator Truan and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.

On motion of Senator Madla, the resolution was adopted by a viva voce vote.

(President in Chair)

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate: League of United Latin American Citizens District Director Gil Gamez and National President

Enrique "Rick" Dovalina; Travis High School student members, Eric Sosa, Edwardo Mendieta, Lee Rivera, David Sharifianan, Vanessa Garcia, Heather Donley, Becky Cervantes, and Dulce Ramirez; and Round Rock Youth Council member, Ana Lisa Gamez.

The Senate welcomed its guests.

CAPITOL PHYSICIAN

The President recognized Senator Armbrister, who presented Dr. Barbara Connor of Hallettsville as the "Doctor for the Day."

Dr. Connor, participating in the "Capitol Physician" program sponsored by the Texas Academy of Family Physicians, was made welcome by the Senate.

(Senator Bernsen in Chair)

SENATE RESOLUTION 159

Senator Barrientos offered the following resolution:

WHEREAS, The Texas Senate takes pleasure in recognizing February 9 as Kidney Day at the Capitol and in welcoming visitors from the Renal Coalition of Texas and the National Kidney Foundation affiliates of Texas to the State Capitol; and

WHEREAS, A nonprofit organization whose goal and mission is to prevent kidney and urinary tract diseases, the National Kidney Foundation wants to increase the availability of all organs for transplantation and to improve the health and well-being of families and individuals affected by these diseases; and

WHEREAS, The two organizations are working to achieve several objectives; they want to increase fund raising to allow for continuing present programs and the development of new ones, to monitor health policy development, and to increase the public's knowledge of kidney disease; and

WHEREAS, In addition, the groups hope to expand and develop patient services and community resources, to support the continuing education of health professionals, and to gain adequate assistance for research training; and

WHEREAS, Seeking the answers to the prevention of kidney disease, health professionals and lay volunteers are working together to ensure that those who have the illness are the recipients of the best possible care; and

WHEREAS, Some solutions found within the last 25 years to treat patients with end-stage renal failure are hemodialysis, peritoneal dialysis, or transplantation; these vital and far-reaching efforts deserve the support and appreciation of all; and

WHEREAS, Volunteers and health care professionals of the National Kidney Foundation should be lauded for their outstanding care of the patients who have kidney problems; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby declare February 9, 1999, and the second Tuesday of February each succeeding year as Kidney Day at the Capitol; and, be it further

RESOLVED, That a copy of this Resolution be prepared for the five affiliates of the National Kidney Foundation as an expression of admiration and appreciation of the Texas Senate.

BARRIENTOS

DUNCAN

LUNA

MONCRIEF

NELSON

The resolution was again read.

On motion of Senator Truan and by unanimous consent, the names of the Lieutenant Governor and Senators were added to the resolution as signers thereof.

The resolution was previously adopted on Monday, February 8, 1999.

(President in Chair)

GUESTS PRESENTED

Senator Barrientos was recognized and introduced to the Senate Rita Littlefield, representing the Central Texas Chapter of the National Kidney Foundation, accompanied by Richard Martinez, Consuelo Ellis, and Kaycee Canter.

The Senate welcomed its guests.

GUESTS PRESENTED

Senator Luna was recognized and introduced to the Senate Dr. Alan Jacob Merin and his wife, Audrey, of San Antonio, here in honor of Kidney Day at the Capitol.

The Senate welcomed Dr. and Mrs. Merin.

MESSAGE FROM THE HOUSE

HOUSE CHAMBER

Austin, Texas

February 9, 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 31, Proclaiming Commerce the Official Bois d'Arc Capital of Texas.

HCR 61, Designating February 9, 1999, as Texas Hospice Day.

Respectfully,

/s/Sharon Carter, Chief Clerk

House of Representatives

(Senator Shapleigh in Chair)

SENATE RESOLUTION 87

Senator West offered the following resolution:

WHEREAS, The Senate of the State of Texas takes pride in recognizing James L. Leaks, Sr., for his 20 years of loyal service to the Jo Ann Karr Crime Watch Group of Pleasant Grove and for his invaluable assistance in creating a safer community for the citizens of Dallas; and

WHEREAS, Mr. Leaks is a native of Ennis, Texas, and a former employee of Affiliated Foods Distribution Company; he became a founding member of the Jo Ann Karr Crime Watch Group in 1980 and was named chairman of the organization in 1992; and

WHEREAS, Under his outstanding leadership, the organization became a significant asset to the residents of Pleasant Grove and the Dallas community, and its members have played a major role in the pursuit of local crime prevention; and

WHEREAS, A well-known and respected leader in his community, Mr. Leaks has completed the Dallas Police Department's Volunteers in Patrol Program and is an active member of the Beautification of Pleasant Grove Committee and the City of Dallas Urban Rehabilitation Standards; and

WHEREAS, As a tribute to his dedication to the watch group and to his many humanitarian endeavors, Mr. Leaks has received various awards from the City of Dallas Boards and Commissions, the Dallas Police Department, and the George Washington Carver Alumni Association of Ennis; and

WHEREAS, An exemplary gentleman who has distinguished himself in his work on behalf of the Jo Ann Karr Crime Watch Group and on behalf of his fellowman, James Leaks deserves recognition for his worthy causes and his many accomplishments; now, therefore, be it

RESOLVED, That the Senate of the State of Texas, 76th Legislature, hereby commend James L. Leaks, Sr., on his many contributions to the Jo Ann Karr Crime Watch Group and to his community and extend best wishes to him for the years ahead; and, be it further

RESOLVED, That a copy of this Resolution be prepared for him as an expression of esteem from the Texas Senate.

The resolution was read and was adopted by a viva voce vote.

GUESTS PRESENTED

Senator West was recognized and introduced to the Senate James L. Leaks, Sr., and his wife, Kay.

The Senate welcomed Mr. and Mrs. Leaks.

(President in Chair)

GUESTS PRESENTED

Senator Nelson, joined by Senator Cain, was recognized and introduced to the Senate members of Leadership Waxahachie.

The Senate welcomed its guests.

CONCLUSION OF MORNING CALL

The President at 10:48 a.m. announced the conclusion of morning call.

COMMITTEE SUBSTITUTE

SENATE BILL 290 ON SECOND READING

On motion of Senator Brown, the regular order of business was suspended to take up for consideration at this time on its second reading and passage to engrossment CSSB 290 (submitted by Governor as an emergency matter):

CSSB 290, Relating to a temporary exemption from the severance tax for oil and gas produced from wells under certain market conditions.

RECORD OF VOTES

Senators Bivins, Moncrief, Ogden, and Whitmire asked to be recorded as "Present-not voting" on the suspension of the regular order of business.

The bill was read second time and was passed to engrossment by a viva voce vote.

RECORD OF VOTES

Senators Bivins, Moncrief, Ogden, and Whitmire asked to be recorded as "Present-not voting" on the passage of the bill to engrossment.

COMMITTEE SUBSTITUTE

SENATE BILL 290 ON THIRD READING

Senator Brown moved that Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that CSSB 290 be placed on its third reading and final passage.

The motion prevailed by the following vote: Yeas 25, Nays 2, Present-not voting 3.

Yeas: Armbrister, Barrientos, Bernsen, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Luna, Madla, Nelson, Ratliff, Shapiro, Sibley, Truan, West, Whitmire, Zaffirini.

Nays: Shapleigh, Wentworth.

Present-not voting: Bivins, Moncrief, Ogden.

Absent-excused: Nixon.

CSSB 290 was read third time and was passed by the following vote: Yeas 25, Nays 1, Present-not voting 4.

Yeas: Armbrister, Barrientos, Bernsen, Brown, Cain, Carona, Duncan, Ellis, Fraser, Gallegos, Harris, Haywood, Jackson, Lindsay, Lucio, Luna, Madla, Nelson, Ratliff, Shapiro, Sibley, Truan, Wentworth, West, Zaffirini.

Nays: Shapleigh.

Present-not voting: Bivins, Moncrief, Ogden, Whitmire.

Absent-excused: Nixon.

PERSONAL PRIVILEGE STATEMENT

Senator Wentworth submitted the following personal privilege statement regarding suspension of the Constitutional Three-day Rule:

The Texas Constitution provides that, except in cases of imperative public necessity, no bill shall have the force of law "until it has been read on three several days in each House, and free discussion allowed thereon." I believe it is accurate to say that no bill-not one-in my 11 years in the Legislature meets the literal requirements of this provision. The current practice in each body of the Legislature

is that the day a bill is referred to committee by the reading aloud on the floor of its number, author, and caption counts as the first of the "three several days" reading required by the Constitution. The second day is when the bill is passed favorably by a legislative committee and brought back to the floor for debate and a vote on what is referred to as "second reading." Up to this point, there is no significant difference in the way each body meets the strictures of Article III, Section 32 of the Texas Constitution. At this point, however, while the other body most often waits until a succeeding calendar day for further debate and a vote on "third reading," the Senate as a matter of routine usually votes unanimously to suspend the Texas Constitution and to vote immediately on "third reading" on the same day as "second reading," nearly always without any debate whatever on "third reading." There is no imperative public necessity for this practice by the Senate. The other body has not fallen into this casual habit, and I believe the Senate should pause in its headlong rush to push bills through the process and abide by the Constitution by taking that one day's breath to allow Texans to learn through news reports what it is we have passed on second reading and are about to pass on third reading. Whatever minor inconvenience to the Senate this adherence to the Constitution might entail is, I believe, far outweighed by the public interest of allowing our bosses, the people of Texas, to know what we're in the process of doing. While I have in the past joined my colleagues in routinely voting to suspend Article III, Section 32 of the Texas Constitution and have offered motions for that purpose on my own bills, I announce my intention to cease both practices commencing with this vote on CSSB 290, and I invite the thoughtful consideration by my fellow Senators in doing the same.

WENTWORTH

MEMORIAL RESOLUTIONS

SR 168 - by Gallegos: In memory of Petra Garcia Torres.

SR 174 - by Ellis: In memory of Juanita Fitzgerald Watson of Austin.

WELCOME AND CONGRATULATORY RESOLUTIONS

SR 146 - by Gallegos: Congratulating Enrique "Rick" Dovalina of Houston.

SR 170 - by Barrientos: Welcoming students from Buenos Aires, Argentina.

SR 172 - by Cain: Congratulating Troy and Dorothy Meeks of Greenville.

SR 173 - by Cain: Congratulating Della and Cass Nation of Greenville.

SR 175 - by Ellis: Congratulating Shuan Gordon of Missouri City.

SR 176 - by Ellis: Congratulating Julian Luckett of Houston.

SR 177 - by Ellis: Congratulating Damian Lundy of Missouri City.

SR 178 - by Ellis: Congratulating Jason Walker of Houston.

SR 179 - by Ellis: Congratulating Aaron Williams of Houston.

SR 180 - by Ellis: Congratulating Stephen Gordon of Missouri City.

MISCELLANEOUS RESOLUTIONS

SR 169 - by Duncan: Recognizing February 13, 1999, as Lubbock Heart Day.

SR 171 - by Madla: Recognizing Stand Up for Rural Texas Day.

ADJOURNMENT

On motion of Senator Truan, the Senate at 11:36 a.m. adjourned until 10:00 a.m. tomorrow.

APPENDIX

SIGNED BY GOVERNOR

February 3, 1999

SCR 4